
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[1601]]
[Document affected by Public Law 106-419 Section 104(a)-(c)(1)]
[Document affected by Public Law 106-419 Section 104(a)-(c)(1)]
[Document affected by Public Law 107-14 Section 7(e)(1)]
[Document affected by Public Law 107-14 Section 7(e)(2)]
[CITE: 38USC3018C]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
     CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
 
               SUBCHAPTER II--BASIC EDUCATIONAL ASSISTANCE
 
Sec. 3018C. Opportunity for certain VEAP participants to enroll

    (a) Notwithstanding any other provision of law, an individual who--
        (1) is a participant on October 9, 1996, in the educational 
    benefits program provided by chapter 32 of this title;
        (2) is serving on active duty (excluding the periods referred to 
    in section 3202(1)(C) of this title) on such date;
        (3) before applying for benefits under this section, has 
    completed the requirements of a secondary school diploma (or 
    equivalency certificate) or has successfully completed (or otherwise 
    received academic credit for) the equivalent of 12 semester hours in 
    a program of education leading to a standard college degree;
        (4) if discharged or released from active duty after the date on 
    which the individual makes the election described in paragraph (5), 
    is discharged or released therefrom with an honorable discharge; and
        (5) during the one-year period beginning on October 9, 1996, 
    makes an irrevocable election to receive benefits under this section 
    in lieu of benefits under chapter 32 of this title, pursuant to 
    procedures which the Secretary of each military department shall 
    provide in accordance with regulations prescribed by the Secretary 
    of Defense for the purpose of carrying out this section or which the 
    Secretary of Transportation shall provide for such purpose with 
    respect to the Coast Guard when it is not operating as a service in 
    the Navy;

may elect to become entitled to basic educational assistance under this 
chapter.
    (b) With respect to an individual who makes an election under 
subsection (a) to become entitled to basic education assistance under 
this chapter--
        (1) the basic pay of the individual shall be reduced (in a 
    manner determined by the Secretary of Defense) until the total 
    amount by which such basic pay is reduced is $1,200; or
        (2) to the extent that basic pay is not so reduced before the 
    individual's discharge or release from active duty as specified in 
    subsection (a)(4), the Secretary shall collect from the individual 
    an amount equal to the difference between $1,200 and the total 
    amount of reductions under paragraph (1), which shall be paid into 
    the Treasury of the United States as miscellaneous receipts.

    (c)(1) Except as provided in paragraph (3), an individual who is 
enrolled in the educational benefits program provided by chapter 32 of 
this title and who makes the election described in subsection (a)(5) 
shall be disenrolled from such chapter 32 program as of the date of such 
election.
    (2) For each individual who is disenrolled from such program, the 
Secretary shall refund--
        (A) to the individual, as provided in section 3223(b) of this 
    title and subject to subsection (b)(2) of this section, the unused 
    contributions made by the individual to the Post-Vietnam Era 
    Veterans Education Account established pursuant to section 3222(a) 
    of this title; and
        (B) to the Secretary of Defense the unused contributions (other 
    than contributions made under section 3222(c) of this title) made by 
    such Secretary to the Account on behalf of such individual.

    (3) Any contribution made by the Secretary of Defense to the Post-
Vietnam Era Veterans Education Account pursuant to subsection (c) of 
section 3222 of this title on behalf of any individual referred to in 
paragraph (1) shall remain in such account to make payments of benefits 
to such individual under section 3015(f) of this title.
    (d) The procedures provided in regulations referred to in subsection 
(a) shall provide for notice of the requirements of subparagraphs (B), 
(C), and (D) of section 3011(a)(3) and of subparagraph (A) of section 
3012(a)(3) of this title. Receipt of such notice shall be acknowledged 
in writing.

(Added Pub. L. 104-275, title I, Sec. 106(a), Oct. 9, 1996, 110 Stat. 
3327; amended Pub. L. 105-114, title IV, Sec. 401(c), Nov. 21, 1997, 111 
Stat. 2293; Pub. L. 105-368, title II, Sec. 203(a), Nov. 11, 1998, 112 
Stat. 3326.)


                               Amendments

    1998--Subsec. (a)(3). Pub. L. 105-368 substituted ``successfully 
completed (or otherwise received academic credit for)'' for 
``successfully completed''.
    1997--Subsec. (a)(1). Pub. L. 105-114, Sec. 401(c)(1), substituted 
``October 9, 1996,'' for ``the date of the enactment of the Veterans' 
Benefits Improvements Act of 1996''.
    Subsec. (a)(4). Pub. L. 105-114, Sec. 401(c)(2), substituted ``after 
the date on which the individual makes the election described'' for 
``during the one-year period specified''.
    Subsec. (a)(5). Pub. L. 105-114, Sec. 401(c)(3), substituted 
``October 9, 1996'' for ``the date of the enactment of the Veterans' 
Benefits Improvements Act of 1996''.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-368 effective Oct. 1, 1998, see section 
203(b) of Pub. L. 105-368, set out as a note under section 3011 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3013, 3015 of this title.
