Pub. L. 98–525, title VII, § 702(a)(1)98 Stat. 2557Pub. L. 100–689, title I102 Stat. 4165Pub. L. 101–189, div. A, title VI, § 641103 Stat. 1456Pub. L. 101–237, title IV, § 423(b)(1)(A)103 Stat. 2092Pub. L. 101–510, div. A, title V, § 561(b)(2)104 Stat. 1573Pub. L. 102–25, title III, § 337(a)105 Stat. 90Pub. L. 102–54, § 14(c)(1)105 Stat. 284Pub. L. 102–83, § 5(a)105 Stat. 406Pub. L. 102–568, title III106 Stat. 4325Pub. L. 103–66, title XII, § 12009(a)107 Stat. 415Pub. L. 104–275, title I, § 106(b)(3)110 Stat. 3329Pub. L. 105–114, title IV, § 401(b)111 Stat. 2293Pub. L. 105–178, title VIII, § 8203(a)(1)112 Stat. 493Pub. L. 105–261, div. A, title V, § 565(a)112 Stat. 2029Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Pub. L. 106–419, title I114 Stat. 1824Pub. L. 107–14, § 7(b)(2)(A)115 Stat. 31Pub. L. 107–103, title I, § 101(a)115 Stat. 977Pub. L. 108–183, title III, § 304(a)117 Stat. 2659Pub. L. 110–252, title V, § 5004(a)122 Stat. 2379(Added , , , § 1415; amended , §§ 103(b)(3), 111(a)(5)(A), , , 4171; , , ; , (5), , ; , , ; , , ; , , ; renumbered § 3015 and amended , (c)(1), , ; , §§ 301(a), (c), 307(a), (b), , , 4326, 4328, 4329; , (d)(1), (2), , , 416; , , ; , , ; –(3), , ; , title VI, § 656(a), , , 2053; , title XVI, § 1602(b)(3)], , , 1654A–359; , §§ 101(a), 103(d), 105(b), , , 1826, 1829; , (c)(3), , , 32; , , ; , , ; –(c), , .)
Editorial Notes
References in Text
Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Sections 308a and 308f of title 37, referred to in subsec. (d)(2), were repealed by , title VI, § 624(b)(1)], , , 1654A–153.
Pub. L. 105–261The date of the enactment of this paragraph, referred to in subsec. (d)(2), is the date of enactment of which was approved .
Amendments
Pub. L. 110–252, § 5004(a)2008—Subsec. (a)(1). , added subpar. (A), redesignated subpar. (D) as (B), and struck out former subpars. (A) to (C) which read as follows:
“(A) for months beginning on or after , $800;
“(B) for months occurring during fiscal year 2003, $900;
“(C) for months occurring during fiscal year 2004, $985; and”.
Pub. L. 110–252, § 5004(b)Subsec. (b)(1). , added subpar. (A), redesignated subpar. (D) as (B), and struck out former subpars. (A) to (C) which read as follows:
“(A) for months beginning on or after , $650;
“(B) for months occurring during fiscal year 2003, $732;
“(C) for months occurring during fiscal year 2004, $800; and”.
Pub. L. 110–252, § 5004(c)Subsec. (h)(1). , added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:
“(A) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds
“(B) such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).”
Pub. L. 108–183, § 304(a)(1)2003—Subsec. (h). , (2), (5), inserted “(1)” after “(h)”, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).
Pub. L. 108–183, § 304(a)(3)Subsec. (h)(1). , struck out “(rounded to the nearest dollar)” after “increase” in introductory provisions.
Pub. L. 108–183, § 304(a)(4)Subsec. (h)(1)(B). , substituted “subparagraph (A)” for “paragraph (1)”.
Pub. L. 107–103, § 101(a)(1)2001—Subsec. (a)(1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows: “at the monthly rate of $650 (as increased from time to time under subsection (h)) for an approved program of education pursued on a full-time basis; or”.
Pub. L. 107–14, § 7(b)(2)(A)(i), inserted “subsection (h)” after “from time to time under”.
Pub. L. 107–103, § 101(a)(2)Subsec. (b)(1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows: “at the monthly rate of $528 (as increased from time to time under subsection (h)) for an approved program of education pursued on a full-time basis; or”.
Pub. L. 107–14, § 7(b)(2)(A)(i), inserted “subsection (h)” after “from time to time under”.
Pub. L. 107–14, § 7(c)(3)(A)Subsec. (g). , in introductory provisions, inserted “effective as of the first day of the enrollment period following receipt of such contributions from such individual by the Secretary concerned,” after “by section 3011(e) or 3012(f) of this title,”.
Pub. L. 107–14, § 7(c)(3)(B)Subsec. (g)(1). , substituted “amount equal to $5 for each $20 contributed” for “amount equal to $1 for each $4 contributed” and inserted “of this title” after “section 3011(e) or 3012(f)”.
Pub. L. 107–14, § 7(b)(2)(A)(ii)section 3014(b) of this titleSubsec. (h). , struck out subsec. (h) which read as follows: “In the case of an individual who has been paid a basic educational assistance allowance under , the rate of the basic educational assistance allowance applicable to the individual under this section shall be the rate otherwise applicable to the individual under this section reduced by an amount equal to—
“(1) the aggregate amount of such allowances paid the individual under such section 3014(b); divided by
“(2) 36.”
Pub. L. 106–419, § 103(d)(1)2000—Subsec. (a). , inserted “in the case of an individual entitled to an educational assistance allowance under this chapter whose obligated period of active duty on which such entitlement is based is three years,” before “a basic educational assistance allowance” in introductory provisions.
Pub. L. 106–419, § 105(b)(1)Pub. L. 106–398, § 1 [[div. A]Subsec. (a)(1). , which directed substitution of “subsection (h)” for “subsection (g)” wherever appearing, could not be executed because the words “subsection (g)” did not appear subsequent to the amendment by , title XVI, § 1602(b)(3)(A)]. See below.
Pub. L. 106–419, § 101(a)(1), substituted “$650” for “$528”.
Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(A)], struck out “subsection (g)” after “time under”.
Pub. L. 106–419, § 103(d)(2)Subsec. (b). , substituted “whose obligated period of active duty on which such entitlement is based is two years,” for “whose initial obligated period of active duty is two years,” in introductory provisions.
Pub. L. 106–419, § 105(b)(1)Pub. L. 106–398, § 1 [[div. A]Subsec. (b)(1). , which directed substitution of “subsection (h)” for “subsection (g)” wherever appearing, could not be executed because the words “subsection (g)” did not appear subsequent to the amendment by , title XVI, § 1602(b)(3)(A)]. See below.
Pub. L. 106–419, § 101(a)(2), substituted “$528” for “$429”.
Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(A)], struck out “subsection (g)” after “time under”.
Pub. L. 106–419, § 103(d)(3)Subsec. (c)(2)(A), (B). , added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:
“(A) whose initial obligated period of active duty is less than three years;
“(B) who, beginning on the date of the commencement of the person’s initial obligated period of such duty, serves a continuous period of active duty of not less than three years; and”.
Pub. L. 106–419, § 105(b)(3)section 3014(b) of this titleSubsec. (g). , added subsec. (g). Former subsec. (g) relating to an individual who has been paid a basic educational assistance allowance under redesignated (h).
Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(C)], added subsec. (g). Former subsec. (g) relating to a percentage increase in the rates payable under subsections (a)(1) and (b)(1) redesignated (h).
Pub. L. 106–419, § 105(b)(2)section 3014(b) of this titleSubsec. (h). , redesignated subsec. (g) relating to an individual who has been paid a basic educational assistance allowance under as (h).
Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(B)], redesignated subsec. (g) relating to a percentage increase in the rates payable under subsections (a)(1) and (b)(1) as (h).
Pub. L. 105–178, § 8203(a)(3)(A)1998—Subsec. (a). , struck out “subsections (b), (c), (d), (e), (f), and (g) of” before “this section” in introductory provisions.
Pub. L. 105–178, § 8203(a)(1)(A)Subsec. (a)(1). , substituted “$528 (as increased from time to time under subsection (g))” for “$400”.
Pub. L. 105–178, § 8203(a)(3)(B)Subsec. (b). , in introductory provisions, substituted “In” for “Except as provided in subsections (c), (d), (e), (f), and (g), in” and inserted “(except as provided in the succeeding subsections of this section)” after “under this chapter shall”.
Pub. L. 105–178, § 8203(a)(1)(B)Subsec. (b)(1). , substituted “$429 (as increased from time to time under subsection (g))” for “$325”.
Pub. L. 105–261, § 656(a)Subsec. (d). , designated existing provisions as par. (1) and added par. (2).
Pub. L. 105–261, § 565(a), inserted “, at the time the individual first becomes a member of the Armed Forces,” after “Secretary of Defense, may” and substituted “$950 per month” for “$400 per month, in the case of an individual who first became a member of the Armed Forces before , or $700 per month, in the case of an individual who first became a member of the Armed Forces on or after that date.”
Pub. L. 105–178, § 8203(a)(2)Subsec. (g). , substituted “, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under subsections (a)(1) and (b)(1)” for “beginning on or after , the Secretary shall continue to pay, in lieu of the rates payable under subsection (a)(1) or (b)(1) of this section, the monthly rates payable under this subsection for the previous fiscal year and shall provide, for any such fiscal year, a percentage increase in such rates”.
Pub. L. 105–114, § 401(b)(1)1997—Subsec. (e)(1)(A). , substituted “(1)(A) Except as provided in subparagraph (B) of this paragraph and subject to paragraph (2)” for “(1) Subject to paragraph (2)”.
Pub. L. 105–114, § 401(b)(2)Subsec. (e)(1)(B). , added subpar. (B).
Pub. L. 104–2751996—Subsec. (f). inserted “, 3018B, or 3018C” after “section 3018A”.
Pub. L. 103–66, § 12009(d)(1)Pub. L. 102–5681993—Subsecs. (c) to (g). , (2), made technical amendments to directory language of , §§ 301(c), 307(a). See 1992 Amendment note below.
Pub. L. 103–66, § 12009(a)Subsec. (g). , struck out par. (1) and par. (2) designation, redesignated subpars. (A) and (B) of former par. (2) as pars. (1) and (2), respectively, and substituted “paragraph (1)” for “subparagraph (A)” in par. (2). Prior to amendment, par. (1) read as follows: “With respect to the fiscal year beginning on , the Secretary shall provide a percentage increase in the monthly rates payable under subsections (a)(1) and (b)(1) of this section equal to the percentage by which the Consumer Price Index (all items, United States city average, published by the Bureau of Labor Statistics) for the 12-month period ending , exceeds such Consumer Price Index for the 12-month period ending .”
Pub. L. 102–568, § 307(b)(1)1992—Subsec. (a). , substituted “(f), and (g)” for “and (f)” in introductory provisions.
Pub. L. 102–568, § 301(a)(1)Subsec. (a)(1). , substituted “$400” for “$300”.
Pub. L. 102–568, § 307(b)(2)Subsec. (b). , substituted “(f), and (g)” for “and (f)” in introductory provisions.
Pub. L. 102–568, § 301(a)(2)Subsec. (b)(1). , substituted “$325” for “$250”.
Pub. L. 102–568, § 307(a)(3)Pub. L. 103–66, § 12009(d)(2)Subsec. (c). , as amended by , added subsec. (c). Former subsec. (c) redesignated (d).
Pub. L. 102–568, § 307(a)(1)Pub. L. 103–66, § 12009(d)(2)Subsec. (d). , (2), as amended by , redesignated subsec. (c) as (d) and substituted “(a), (b), and (c)” for “(a) and (b)”. Former subsec. (d) redesignated (e).
Pub. L. 102–568, § 307(a)(1)Pub. L. 103–66, § 12009(d)(2)Subsec. (e). , as amended by , redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Pub. L. 102–568, § 307(a)(1)Pub. L. 103–66, § 12009(d)(2)Subsec. (f). , as amended by , redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Pub. L. 102–568, § 301(c)Pub. L. 103–66, § 12009(d)(1), as amended by , redesignated par. (2) as (1), substituted “shall provide a percentage increase in the monthly rates payable under subsections (a)(1) and (b)(1) of this section” for “may continue to pay, in lieu of the rates payable under subsection (a)(1) or (b)(1) of this section, the monthly rates payable under paragraph (1) of this subsection and may provide a percentage increase in such rates”, redesignated par. (3) as (2), substituted “Secretary shall” for “Secretary may” and “and shall” for “and may” in introductory provisions, and struck out former par. (1) which read as follows: “During the period beginning on , and ending on , the monthly rates payable under subsection (a)(1) or (b)(1) of this section shall be $350 and $275, respectively.”
Pub. L. 102–568, § 307(a)(1)Pub. L. 103–66, § 12009(d)(2)Subsec. (g). , as amended by , redesignated subsec. (f) as (g).
Pub. L. 102–83, § 5(a)section 1415 of this title1991—, renumbered as this section.
Pub. L. 102–83, § 5(c)(1)Subsec. (a). , substituted “3032” for “1432” in introductory provisions.
Pub. L. 102–25, § 337(a)(1), substituted “, (c), (d), (e), and (f)” for “and (c)” in introductory provisions.
Pub. L. 102–83, § 5(c)(1)Subsec. (b). , substituted “3011 or 3018” for “1411 or 1418” in introductory provisions.
Pub. L. 102–25, § 337(a)(2), substituted “Except as provided in subsections (c), (d), (e), and (f), in” for “In” in introductory provisions.
Pub. L. 102–54Subsec. (c). substituted “” for “the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991”.
Pub. L. 102–83, § 5(c)(1)Subsec. (e). , substituted “3222(c)” for “1622(c)” in two places and “3018A” for “1418A”.
Pub. L. 102–25, § 337(a)(3)Subsec. (f). , added subsec. (f).
Pub. L. 101–5101990—Subsec. (e). added subsec. (e).
Pub. L. 101–237, § 423(b)(1)(A)1989—Subsecs. (a)(2), (b)(2). , substituted “Secretary” for “Administrator”.
Pub. L. 101–237, § 423(b)(5)Subsec. (c). , inserted “of Defense” after “prescribed by the Secretary” and after “of this section as the Secretary”.
Pub. L. 101–189 inserted “, in the case of an individual who first became a member of the Armed Forces before the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991, or $700 per month, in the case of an individual who first became a member of the Armed Forces on or after that date” before period at end.
Pub. L. 100–689, § 111(a)(5)(A)section 1432 of this titlesection 1432 of this title1988—Subsec. (a). , substituted “The amount of payment of educational assistance under this chapter is subject to . Except” for “Subject to and except”.
Pub. L. 100–689, § 103(b)(3)section 1418 of this titleSubsec. (b). , inserted reference to .
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–252, title V, § 5004(d)122 Stat. 2379
In general .—
No cost-of-living adjustment for fiscal year 2009 .—
Effective Date of 2001 Amendment
section 7(b)(2)(A) of Pub. L. 107–14Pub. L. 106–419section 7(b)(3) of Pub. L. 107–14section 3014 of this titleAmendment by effective as if enacted on , immediately after the enactment of , see , set out as a note under .
section 7(c)(3) of Pub. L. 107–14section 105 of Pub. L. 106–419section 7(c)(4) of Pub. L. 107–14section 3011 of this titleAmendment by effective as if included in the enactment of , see , set out as a note under .
Effective Date of 2000 Amendment
Pub. L. 106–419, title I, § 101(b)114 Stat. 1824
section 105(b) of Pub. L. 106–419section 105(c) of Pub. L. 106–419section 3011 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1998 Amendments
Pub. L. 105–261, div. A, title V, § 565(b)112 Stat. 2029
Pub. L. 105–178, title VIII, § 8203(a)(4)112 Stat. 493
Effective Date of 1993 Amendment
Pub. L. 103–66, title XII, § 12009(d)(3)107 Stat. 416
Effective Date of 1992 Amendment
Pub. L. 102–568section 301(e) of Pub. L. 102–568section 16131 of Title 10Amendment by section 301(a) and (c) of effective , but not to be construed to change account from which payment is made for certain portion of payments made under this chapter or chapter 106 of Title 10, Armed Services, see , set out as a note under .
Pub. L. 102–568, title III, § 307(c)106 Stat. 4329
Adjustment in Rates of Educational Assistance
Pub. L. 107–103, title I, § 101(b)115 Stat. 978
section 12009 of Pub. L. 103–66section 12009(c) of Pub. L. 103–66section 16131 of Title 10Fiscal year 1995 cost-of-living adjustments in rates of educational assistance payable under this chapter to be percentage equal to 50 percent of percentage by which such assistance would be increased under subsec. (g) [now (h)] of this section but for , see , formerly set out as a note under , Armed Forces.