Title 38 — Veterans’ Benefits
Part III · Chapter 33 — Post–9/11 Educational Assistance
§ 3301. Definitions
Statutory text
In this chapter:
The term “active duty” has the meanings as follows (subject to the limitations specified in sections 3002(6) and 3311(b)):
In the case of members of the regular components of the Armed Forces, the meaning given such term in section 101(21)(A).
In the case of members of the reserve components of the Armed Forces, service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304, 12304a, or 12304b of title 10 or section 712 1 of title 14.
In the case of a member of the Army National Guard of the United States or Air National Guard of the United States, in addition to service described in subparagraph (B), full-time service—
in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or
in the National Guard under section 502(f) of title 32 when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.
The term “emergency situation” has the meaning given such term in section 3601 of this title.
The term “entry level and skill training” means the following:
In the case of members of the Army, Basic Combat Training and Advanced Individual Training or One Station Unit Training.
In the case of members of the Navy, Recruit Training (or Boot Camp) and Skill Training (or so-called “A” School).
In the case of members of the Air Force or the Space Force, Basic Military Training and Technical Training.
In the case of members of the Marine Corps, Recruit Training and Marine Corps Training (or School of Infantry Training).
In the case of members of the Coast Guard, Basic Training and Skill Training (or so-called “A” School).
The term “program of education” has the meaning given such term in section 3002, except to the extent otherwise provided in section 3313.
The term “Secretary of Defense” means the Secretary of Defense, except that the term means the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Post-9/11 Veterans Educational Assistance Act of 2008
Pub. L. 110–252 title V § 5003(a)(1) · 122 Stat. 2323
Enacted · 38 U.S.C. § 3301
Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2359
Source evidence
Code source credit
Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2359Enacted provision · exact public law section
(1) In General.— Part III of title 38, United States Code, is amended by inserting after chapter 32 the following new chapter: “CHAPTER 33— POST–9/11 EDUCATIONAL ASSISTANCE “subchapter i— definitions “Sec. “3301. Definitions. “subchapter ii— educational assistance “3311. Educational assistance for service in the Armed Forces commencing on or after September 11, 2001: entitlement. “3312. Educational assistance: duration. “3313. Educational assistance: amount; payment. “3314. Tutorial assistance. “3315. Licensure and certification tests. “3316. Supplemental educational assistance: members with critical skills or specialty; members serving additional service. “3317. Public-private contributions for additional educational assistance. “3318. Additional assistance: relocation or travel assistance for individual relocating or traveling significant distance for pursuit of a program of education. “3319. Authority to transfer unused education benefits to family members. “subchapter iii— administrative provisions “3321. Time limitation for use of and eligibility for entitlement. “3322. Bar to duplication of educational assistance benefits. “3323. Administration. “3324. Allocation of administration and costs. “SUBCHAPTER I— DEFINITIONS “§ 3301. Definitions “In this chapter: “(1) The term ‘active duty’ has the meanings as follows (subject to the limitations specified in sections 3002(6) and 3311(b)): “(A) In the case of members of the regular components of the Armed Forces, the meaning given such term in section 101(21)(A). “(B) In the case of members of the reserve components of the Armed Forces, service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10. “(2) The term ‘entry level and skill training’ means the following: “(A) In the case of members of the Army, Basic Combat Training and Advanced Individual Training. “(B) In the case of members of the Navy, Recruit Training (or Boot Camp) and Skill Training (or so-called ‘A’ School). “(C) In the case of members of the Air Force, Basic Military Training and Technical Training. “(D) In the case of members of the Marine Corps, Recruit Training and Marine Corps Training (or School of Infantry Training). “(E) In the case of members of the Coast Guard, Basic Training. “(3) The term ‘program of education’ has the meaning given such term in section 3002, except to the extent otherwise provided in section 3313. “(4) The term ‘Secretary of Defense’ means the Secretary of Defense, except that the term means the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy. “SUBCHAPTER II— EDUCATIONAL ASSISTANCE “§ 3311. Educational assistance for service in the Armed Forces commencing on or after September 11, 2001: entitlement “(a) Entitlement.— Subject to subsections (d) and (e), each individual described in subsection (b) is entitled to educational assistance under this chapter. “(b) Covered Individuals.— An individual described in this subsection is any individual as follows: “(1) An individual who— “(A) commencing on or after September 11, 2001, serves an aggregate of at least 36 months on active duty in the Armed Forces (including service on active duty in entry level and skill training); and “(B) after completion of service described in subparagraph (A)— “(i) continues on active duty; or “(ii) is discharged or released from active duty as described in subsection (c). “(2) An individual who— “(A) commencing on or after September 11, 2001, serves at least 30 continuous days on active duty in the Armed Forces; and “(B) after completion of service described in subparagraph (A), is discharged or released from active duty in the Armed Forces for a service-connected disability. “(3) An individual who— “(A) commencing on or after September 11, 2001, serves an aggregate of at least 30 months, but less than 36 months, on active duty in the Armed Forces (including service on active duty in entry level and skill training); and “(B) after completion of service described in subparagraph (A)— “(i) continues on active duty for an aggregate of less than 36 months; or “(ii) before completion of service on active duty of an aggregate of 36 months, is discharged or released from active duty as described in subsection (c). “(4) An individual who— “(A) commencing on or after September 11, 2001, serves an aggregate of at least 24 months, but less than 30 months, on active duty in the Armed Forces (including service on active duty in entry level and skill training); and “(B) after completion of service described in subparagraph (A)— “(i) continues on active duty for an aggregate of less than 30 months; or “(ii) before completion of service on active duty of an aggregate of 30 months, is discharged or released from active duty as described in subsection (c). “(5) An individual who— “(A) commencing on or after September 11, 2001, serves an aggregate of at least 18 months, but less than 24 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and “(B) after completion of service described in subparagraph (A)— “(i) continues on active duty for an aggregate of less than 24 months; or “(ii) before completion of service on active duty of an aggregate of 24 months, is discharged or released from active duty as described in subsection (c). “(6) An individual who— “(A) commencing on or after September 11, 2001, serves an aggregate of at least 12 months, but less than 18 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and “(B) after completion of service described in subparagraph (A)— “(i) continues on active duty for an aggregate of less than 18 months; or “(ii) before completion of service on active duty of an aggregate of 18 months, is discharged or released from active duty as described in subsection (c). “(7) An individual who— “(A) commencing on or after September 11, 2001, serves an aggregate of at least 6 months, but less than 12 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and “(B) after completion of service described in subparagraph (A)— “(i) continues on active duty for an aggregate of less than 12 months; or “(ii) before completion of service on active duty of an aggregate of 12 months, is discharged or released from active duty as described in subsection (c). “(8) An individual who— “(A) commencing on or after September 11, 2001, serves an aggregate of at least 90 days, but less than 6 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and “(B) after completion of service described in subparagraph (A)— “(i) continues on active duty for an aggregate of less than 6 months; or “(ii) before completion of service on active duty of an aggregate of 6 months, is discharged or released from active duty as described in subsection (c). “(c) Covered Discharges and Releases.— A discharge or release from active duty of an individual described in this subsection is a discharge or release as follows: “(1) A discharge from active duty in the Armed Forces with an honorable discharge. “(2) A release after service on active duty in the Armed Forces characterized by the Secretary concerned as honorable service and placement on the retired list, transfer to the Fleet Reserve or Fleet Marine Corps Reserve, or placement on the temporary disability retired list. “(3) A release from active duty in the Armed Forces for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service. “(4) A discharge or release from active duty in the Armed Forces for— “(A) a medical condition which preexisted the service of the individual as described in the applicable paragraph of subsection (b) and which the Secretary determines is not service-connected; “(B) hardship; or “(C) a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as determined by the Secretary concerned in accordance with regulations prescribed by the Secretary of Defense. “(d) Prohibition on Treatment of Certain Service as Period of Active Duty.— The following periods of service shall not be considered a part of the period of active duty on which an individual’s entitlement to educational assistance under this chapter is based: “(1) A period of service on active duty of an officer pursuant to an agreement under section 2107(b) of title 10. “(2) A period of service on active duty of an officer pursuant to an agreement under section 4348, 6959, or 9348 of title 10. “(3) A period of service that is terminated because of a defective enlistment and induction based on— “(A) the individual’s being a minor for purposes of service in the Armed Forces; “(B) an erroneous enlistment or induction; or “(C) a defective enlistment agreement. “(e) Treatment of Individuals Entitled Under Multiple Provisions.— In the event an individual entitled to educational assistance under this chapter is entitled by reason of both paragraphs (4) and (5) of subsection (b), the individual shall be treated as being entitled to educational assistance under this chapter by reason of paragraph (5) of subsection (b). “§ 3312. Educational assistance: duration “(a) In General.— Subject to section 3695 and except as provided in subsections (b) and (c), an individual entitled to educational assistance under this chapter is entitled to a number of months of educational assistance under section 3313 equal to 36 months. “(b) Continuing Receipt.— The receipt of educational assistance under section 3313 by an individual entitled to educational assistance under this chapter is subject to the provisions of section 3321(b)(2). “(c) Discontinuation of Education for Active Duty.— “(1) In general.— Any payment of educational assistance described in paragraph (2) shall not— “(A) be charged against any entitlement to educational assistance of the individual concerned under this chapter; or “(B) be counted against the aggregate period for which section 3695 limits the individual’s receipt of educational assistance under this chapter. “(2) Description of payment of educational assistance.— Subject to paragraph (3), the payment of educational assistance described in this paragraph is the payment of such assistance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual— “(A) (i) in the case of an individual not serving on active duty, had to discontinue such course pursuit as a result of being called or ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; or “(ii) in the case of an individual serving on active duty, had to discontinue such course pursuit as a result of being ordered to a new duty location or assignment or to perform an increased amount of work; and “(B) failed to receive credit or lost training time toward completion of the individual’s approved education, professional, or vocational objective as a result of having to discontinue, as described in subparagraph (A), the individual’s course pursuit. “(3) Period for which payment not charged.— The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the portion of the period of enrollment in the course or courses from which the individual failed to receive credit or with respect to which the individual lost training time, as determined under paragraph (2)(B). “§ 3313. Educational assistance: amount; payment “(a) Payment.— The Secretary shall pay to each individual entitled to educational assistance under this chapter who is pursuing an approved program of education (other than a program covered by subsections (e) and (f)) the amounts specified in subsection (c) to meet the expenses of such individual’s subsistence, tuition, fees, and other educational costs for pursuit of such program of education. “(b) Approved Programs of Education.— A program of education is an approved program of education for purposes of this chapter if the program of education is offered by an institution of higher learning (as that term is defined in section 3452(f)) and is approved for purposes of chapter 30 (including approval by the State approving agency concerned). “(c) Amount of Educational Assistance.— The amounts payable under this subsection for pursuit of an approved program of education are amounts as follows: “(1) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(1) or 3311(b)(2), amounts as follows: “(A) An amount equal to the established charges for the program of education, except that the amount payable under this subparagraph may not exceed the maximum amount of established charges regularly charged in-State students for full-time pursuit of approved programs of education for undergraduates by the public institution of higher education offering approved programs of education for undergraduates in the State in which the individual is enrolled that has the highest rate of regularly-charged established charges for such programs of education among all public institutions of higher education in such State offering such programs of education. “(B) A monthly stipend in an amount as follows: “(i) For each month the individual pursues the program of education (other than, in the case of assistance under this section only, a program of education offered through distance learning), a monthly housing stipend amount equal to the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the institution of higher education at which the individual is enrolled. “(ii) For the first month of each quarter, semester, or term, as applicable, of the program of education pursued by the individual, a lump sum amount for books, supplies, equipment, and other educational costs with respect to such quarter, semester, or term in the amount equal to— “(I) $1,000, multiplied by “(II) the fraction which is the portion of a complete academic year under the program of education that such quarter, semester, or term constitutes. “(2) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(3), amounts equal to 90 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph. “(3) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(4), amounts equal to 80 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph. “(4) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(5), amounts equal to 70 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph. “(5) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(6), amounts equal to 60 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph. “(6) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(7), amounts equal to 50 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph. “(7) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(8), amounts equal to 40 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph. “(d) Frequency of Payment.— “(1) Quarter, semester, or term payments.— Payment of the amounts payable under subsection (c)(1)(A), and of similar amounts payable under paragraphs (2) through (7) of subsection (c), for pursuit of a program of education shall be made for the entire quarter, semester, or term, as applicable, of the program of education. “(2) Monthly payments.— Payment of the amount payable under subsection (c)(1)(B), and of similar amounts payable under paragraphs (2) through (7) of subsection (c), for pursuit of a program of education shall be made on a monthly basis. “(3) Regulations.— The Secretary shall prescribe in regulations methods for determining the number of months (including fractions thereof) of entitlement of an individual to educational assistance this chapter that are chargeable under this chapter for an advance payment of amounts under paragraphs (1) and (2) for pursuit of a program of education on a quarter, semester, term, or other basis. “(e) Programs of Education Pursued on Active Duty.— “(1) In general.— Educational assistance is payable under this chapter for pursuit of an approved program of education while on active duty. “(2) Amount of assistance.— The amount of educational assistance payable under this chapter to an individual pursuing a program of education while on active duty is the lesser of— “(A) the established charges which similarly circumstanced nonveterans enrolled in the program of education involved would be required to pay; or “(B) the amount of the charges of the educational institution as elected by the individual in the manner specified in section 3014(b)(1) “(3) Quarter, semester, or term payments.— Payment of the amount payable under paragraph (2) for pursuit of a program of education shall be made for the entire quarter, semester, or term, as applicable, of the program of education. “(4) Monthly payments.— For each month (as determined pursuant to the methods prescribed under subsection (d)(3)) for which amounts are paid an individual under this subsection, the entitlement of the individual to educational assistance under this chapter shall be charged at the rate of one month for each such month. “(f) Programs of Education Pursued on Half-Time Basis or Less.— “(1) In general.— Educational assistance is payable under this chapter for pursuit of an approved program of education on half-time basis or less. “(2) Amount of assistance.— The educational assistance payable under this chapter to an individual pursuing a program of education on half-time basis or less is the amounts as follows: “(A) The amount equal to the lesser of— “(i) the established charges which similarly circumstanced nonveterans enrolled in the program of education involved would be required to pay; or “(ii) the maximum amount that would be payable to the individual for the program of education under paragraph (1)(A) of subsection (c), or under the provisions of paragraphs (2) through (7) of subsection (c) applicable to the individual, for the program of education if the individual were entitled to amounts for the program of education under subsection (c) rather than this subsection. “(B) A stipend in an amount equal to the amount of the appropriately reduced amount of the lump sum amount for books, supplies, equipment, and other educational costs otherwise payable to the individual under subsection (c). “(3) Quarter, term, or semester payments.— Payment of the amounts payable to an individual under paragraph (2) for pursuit of a program of education on half-time basis or less shall be made for the entire quarter, semester, or term, as applicable, of the program of education. “(4) Monthly payments.— For each month (as determined pursuant to the methods prescribed under subsection (d)(3)) for which amounts are paid an individual under this subsection, the entitlement of the individual to educational assistance under this chapter shall be charged at a percentage of a month equal to— “(A) the number of course hours borne by the individual in pursuit of the program of education involved, divided by “(B) the number of course hours for full-time pursuit of such program of education. “(g) Payment of Established Charges to Educational Institutions.— Amounts payable under subsections (c)(1)(A) (and of similar amounts payable under paragraphs (2) through (7) of subsection (c)), (e)(2), and (f)(2)(A) shall be paid directly to the educational institution concerned. “(h) Established Charges Defined.— “(1) In general.— In this section, the term ‘established charges’, in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary) for tuition and fees which similarly circumstanced nonveterans enrolled in the program of education would be required to pay. “(2) Basis of determination.— Established charges shall be determined for purposes of this subsection on the following basis: “(A) In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester. “(B) In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education. “§ 3314. Tutorial assistance “(a) In General.— Subject to subsection (b), an individual entitled to educational assistance under this chapter shall also be entitled to benefits provided an eligible veteran under section 3492. “(b) Conditions.— “(1) In general.— The provision of benefits under subsection (a) shall be subject to the conditions applicable to an eligible veteran under section 3492. “(2) Certification.— In addition to the conditions specified in paragraph (1), benefits may not be provided to an individual under subsection (a) unless the professor or other individual teaching, leading, or giving the course for which such benefits are provided certifies that— “(A) such benefits are essential to correct a deficiency of the individual in such course; and “(B) such course is required as a part of, or is prerequisite or indispensable to the satisfactory pursuit of, an approved program of education. “(c) Amount.— “(1) In general.— The amount of benefits described in subsection (a) that are payable under this section may not exceed $100 per month, for a maximum of 12 months, or until a maximum of $1,200 is utilized. “(2) As additional assistance.— The amount provided an individual under this subsection is in addition to the amounts of educational assistance paid the individual under section 3313. “(d) No Charge Against Entitlement.— Any benefits provided an individual under subsection (a) are in addition to any other educational assistance benefits provided the individual under this chapter. “§ 3315. Licensure and certification tests “(a) In General.— An individual entitled to educational assistance under this chapter shall also be entitled to payment for one licensing or certification test described in section 3452(b). “(b) Limitation on Amount.— The amount payable under subsection (a) for a licensing or certification test may not exceed the lesser of— “(1) $2,000; or “(2) the fee charged for the test. “(c) No Charge Against Entitlement.— Any amount paid an individual under subsection (a) is in addition to any other educational assistance benefits provided the individual under this chapter. “§ 3316. Supplemental educational assistance: members with critical skills or specialty; members serving additional service “(a) Increased Assistance for Members With Critical Skills or Specialty.— “(1) In general.— In the case of an individual who has a skill or specialty designated by the Secretary concerned as a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit or, in the case of critical units, retain personnel, the Secretary concerned may increase the monthly amount of educational assistance otherwise payable to the individual under paragraph (1)(B) of section 3313(c), or under paragraphs (2) through (7) of such section (as applicable). “(2) Maximum amount of increase in assistance.— The amount of the increase in educational assistance authorized by paragraph (1) may not exceed the amount equal to the monthly amount of increased basic educational assistance providable under section 3015(d)(1) at the time of the increase under paragraph (1). “(b) Supplemental Assistance for Additional Service.— “(1) In general.— The Secretary concerned may provide for the payment to an individual entitled to educational assistance under this chapter of supplemental educational assistance for additional service authorized by subchapter III of chapter 30. The amount so payable shall be payable as an increase in the monthly amount of educational assistance otherwise payable to the individual under paragraph (1)(B) of section 3313(c), or under paragraphs (2) through (7) of such section (as applicable). “(2) Eligibility.— Eligibility for supplement educational assistance under this subsection shall be determined in accordance with the provisions of subchapter III of chapter 30, except that any reference in such provisions to eligibility for basic educational assistance under a provision of subchapter II of chapter 30 shall be treated as a reference to eligibility for educational assistance under the appropriate provision of this chapter. “(3) Amount.— The amount of supplemental educational assistance payable under this subsection shall be the amount equal to the monthly amount of supplemental educational payable under section 3022. “(c) Regulations.— The Secretaries concerned shall administer this section in accordance with such regulations as the Secretary of Defense shall prescribe. “§ 3317. Public-private contributions for additional educational assistance “(a) Establishment of Program.— In instances where the educational assistance provided pursuant to section 3313(c)(1)(A) does not cover the full cost of established charges (as specified in section 3313), the Secretary shall carry out a program under which colleges and universities can, voluntarily, enter into an agreement with the Secretary to cover a portion of those established charges not otherwise covered under section 3313(c)(1)(A), which contributions shall be matched by equivalent contributions toward such costs by the Secretary. Applicability. The program shall only apply to covered individuals described in paragraphs (1) and (2) of section 3311(b). “(b) Designation of Program.— The program under this section shall be known as the ‘Yellow Ribbon G.I. Education Enhancement Program’. “(c) Agreements.— The Secretary shall enter into an agreement with each college or university seeking to participate in the program under this section. Each agreement shall specify the following: “(1) The manner (whether by direct grant, scholarship, or otherwise) of the contributions to be made by the college or university concerned. “(2) The maximum amount of the contribution to be made by the college or university concerned with respect to any particular individual in any given academic year. “(3) The maximum number of individuals for whom the college or university concerned will make contributions in any given academic year. “(4) Such other matters as the Secretary and the college or university concerned jointly consider appropriate. “(d) Matching Contributions.— “(1) In general.— In instances where the educational assistance provided an individual under section 3313(c)(1)(A) does not cover the full cost of tuition and mandatory fees at a college or university, the Secretary shall provide up to 50 percent of the remaining costs for tuition and mandatory fees if the college or university voluntarily enters into an agreement with the Secretary to match an equal percentage of any of the remaining costs for such tuition and fees. “(2) Use of appropriated funds.— Amounts available to the Secretary under section 3324(b) for payment of the costs of this chapter shall be available to the Secretary for purposes of paragraph (1). “(e) Outreach.— The Web site. Public information. Lists. Secretary shall make available on the Internet website of the Department available to the public a current list of the colleges and universities participating in the program under this section. The list shall specify, for each college or university so listed, appropriate information on the agreement between the Secretary and such college or university under subsection (c). “§ 3318. Additional assistance: relocation or travel assistance for individual relocating or traveling significant distance for pursuit of a program of education “(a) Additional Assistance.— Each individual described in subsection (b) shall be paid additional assistance under this section in the amount of $500. “(b) Covered Individuals.— An individual described in this subsection is any individual entitled to educational assistance under this chapter— “(1) who resides in a county (or similar entity utilized by the Bureau of the Census) with less than seven persons per square mile, according to the most recent decennial Census; and “(2) who— “(A) physically relocates a distance of at least 500 miles in order to pursue a program of education for which the individual utilizes educational assistance under this chapter; or “(B) travels by air to physically attend an institution of higher education for pursuit of such a program of education because the individual cannot travel to such institution by automobile or other established form of transportation due to an absence of road or other infrastructure. “(c) Proof of Residence.— For purposes of subsection (b)(1), an individual may demonstrate the individual’s place of residence utilizing any of the following: “(1) DD Form 214, Certification of Release or Discharge from Active Duty. “(2) The most recent Federal income tax return. “(3) Such other evidence as the Secretary shall prescribe for purposes of this section. “(d) Single Payment of Assistance.— An individual is entitled to only one payment of additional assistance under this section. “(e) No Charge Against Entitlement.— Any amount paid an individual under this section is in addition to any other educational assistance benefits provided the individual under this chapter. “§ 3319. Authority to transfer unused education benefits to family members “(a) In General.— Subject to the provisions of this section, the Secretary of Defense may authorize the Secretary concerned, to promote recruitment and retention of members of the Armed Forces, to permit an individual described in subsection (b) who is entitled to educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual’s entitlement to such assistance, subject to the limitation under subsection (d). “(b) Eligible Individuals.— An individual referred to in subsection (a) is any member of the Armed Forces who, at the time of the approval of the individual’s request to transfer entitlement to educational assistance under this section, has completed at least— “(1) six years of service in the armed forces and enters into an agreement to serve at least four more years as a member of the Armed Forces; or “(2) the years of service as determined in regulations pursuant to section (k). “(c) Eligible Dependents.— An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual’s entitlement as follows: “(1) To the individual’s spouse. “(2) To one or more of the individual’s children. “(3) To a combination of the individuals referred to in paragraphs (1) and (2). “(d) Limitation on Months of Transfer.— The total number of months of entitlement transferred by a individual under this section may not exceed 36 months. The Secretary of Defense may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than 18 months. “(e) Designation of Transferee.— An individual transferring an entitlement to educational assistance under this section shall— “(1) designate the dependent or dependents to whom such entitlement is being transferred; “(2) designate the number of months of such entitlement to be transferred to each such dependent; and “(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). “(f) Time for Transfer; Revocation and Modification.— “(1) Time for transfer.— Subject to the time limitation for use of entitlement under section 3321 an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed. “(2) Modification or revocation.— “(A) In general.— An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. “(B) Notice.— The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. “(3) Prohibition on treatment of transferred entitlement as marital property.— Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding. “(g) Commencement of Use.— A dependent to whom entitlement to educational assistance is transferred under this section may not commence the use of the transferred entitlement until— “(1) in the case of entitlement transferred to a spouse, the completion by the individual making the transfer of at least— “(A) six years of service in the armed forces; or “(B) the years of service as determined in regulations pursuant to subsection (j); or “(2) in the case of entitlement transferred to a child, both— “(A) the completion by the individual making the transfer of at least— “(i) ten years of service in the armed forces; or “(ii) the years of service as determined in regulations pursuant to subsection (j); and “(B) either— “(i) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or “(ii) the attainment by the child of 18 years of age. “(h) Additional Administrative Matters.— “(1) Use.— The use of any entitlement to educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. “(2) Nature of transferred entitlement.— Except as provided under subsection (e)(2) and subject to paragraphs (5) and (6)— “(A) in the case of entitlement transferred to a spouse under this section, the spouse is entitled to educational assistance under this chapter in the same manner as the individual from whom the entitlement was transferred; or “(B) in the case of entitlement transferred to a child under this section, the child is entitled to educational assistance under this chapter in the same manner as the individual from whom the entitlement was transferred as if the individual were not on active duty. “(3) Rate of payment.— The monthly rate of educational assistance payable to a dependent to whom entitlement referred to in paragraph (2) is transferred under this section shall be payable— “(A) in the case of a spouse, at the same rate as such entitlement would otherwise be payable under this chapter to the individual making the transfer; or “(B) in the case of a child, at the same rate as such entitlement would otherwise be payable under this chapter to the individual making the transfer as if the individual were not on active duty. “(4) Death of transferor.— The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. “(5) Limitation on age of use by child transferees.— A child to whom entitlement is transferred under this section may use the benefit without regard to the 15-year delimiting date, but may not use any entitlement so transferred after attaining the age of 26 years. “(6) Scope of use by transferees.— The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). “(7) Additional administrative provisions.— The administrative provisions of this chapter shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible individual for purposes of such provisions. “(i) Overpayment.— “(1) Joint and several liability.— In the event of an overpayment of educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685. “(2) Failure to complete service agreement.— “(A) In general.— Except as provided in subparagraph (B), if an individual transferring entitlement under this section fails to complete the service agreed to by the individual under subsection (b)(1) in accordance with the terms of the agreement of the individual under that subsection, the amount of any transferred entitlement under this section that is used by a dependent of the individual as of the date of such failure shall be treated as an overpayment of educational assistance under paragraph (1). “(B) Exception.— Subparagraph (A) shall not apply in the case of an individual who fails to complete service agreed to by the individual— “(i) by reason of the death of the individual; or “(ii) for a reason referred to in section 3311(c)(4). “(j) Regulations.— (1) The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall prescribe regulations for purposes of this section. “(2) Such regulations shall specify— “(A) the manner of authorizing the transfer of entitlements under this section; “(B) the eligibility criteria in accordance with subsection (b); and “(C) the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2). “(k) Secretary Concerned Defined.— Notwithstanding section 101(25), in this section, the term ‘Secretary concerned’ means— “(1) the Secretary of the Army with respect to matters concerning the Army; “(2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps; “(3) the Secretary of the Air Force with respect to matters concerning the Air Force; and “(4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Homeland Security when it is not operating as a service in the Navy. “SUBCHAPTER III— ADMINISTRATIVE PROVISIONS “§ 3321. Time limitation for use of and eligibility for entitlement “(a) In General.— Except as provided in this section, the period during which an individual entitled to educational assistance under this chapter may use such individual’s entitlement expires at the end of the 15-year period beginning on the date of such individual’s last discharge or release from active duty. “(b) Exceptions.— “(1) Applicability of section 3031 to running of period.— Subsections (b), (c), and (d) of section 3031 shall apply with respect to the running of the 15-year period described in subsection (a) of this section in the same manner as such subsections apply under section 3031 with respect to the running of the 10-year period described in section 3031(a). “(2) Applicability of section 3031 to termination.— Section 3031(f) shall apply with respect to the termination of an individual’s entitlement to educational assistance under this chapter in the same manner as such section applies to the termination of an individual’s entitlement to educational assistance under chapter 30, except that, in the administration of such section for purposes of this chapter, the reference to section 3013 shall be deemed to be a reference to 3312. “(3) Determination of last discharge or release.— For purposes of subsection (a), an individual’s last discharge or release from active duty shall not include any discharge or release from a period of active duty of less than 90 days of continuous service, unless the individual is discharged or released as described in section 3311(b)(2). “§ 3322. Bar to duplication of educational assistance benefits “(a) In General.— An individual entitled to educational assistance under this chapter who is also eligible for educational assistance under chapter 30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607 of title 10, or the provisions of the Hostage Relief Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not receive assistance under two or more such programs concurrently, but shall elect (in such form and manner as the Secretary may prescribe) under which chapter or provisions to receive educational assistance. “(b) Inapplicability of Service Treated Under Educational Loan Repayment Programs.— A period of service counted for purposes of repayment of an education loan under chapter 109 of title 10 may not be counted as a period of service for entitlement to educational assistance under this chapter. “(c) Service in Selected Reserve.— An individual who serves in the Selected Reserve may receive credit for such service under only one of this chapter, chapter 30 of this title, and chapters 1606 and 1607 of title 10, and shall elect (in such form and manner as the Secretary may prescribe) under which chapter such service is to be credited. “(d) Additional Coordination Matters.— In the case of an individual entitled to educational assistance under chapter 30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607 of title 10, or the provisions of the Hostage Relief Act of 1980, or making contributions toward entitlement to educational assistance under chapter 30 of this title, as of August 1, 2009, coordination of entitlement to educational assistance under this chapter, on the one hand, and such chapters or provisions, on the other, shall be governed by the provisions of section 5003(c) of the Post-9/11 Veterans Educational Assistance Act of 2008. “§ 3323. Administration “(a) In General.— “(1) In general.— Except Applicability. as otherwise provided in this chapter, the provisions specified in section 3034(a)(1) shall apply to the provision of educational assistance under this chapter. “(2) Special rule.— In applying the provisions referred to in paragraph (1) to an individual entitled to educational assistance under this chapter for purposes of this section, the reference in such provisions to the term ‘eligible veteran’ shall be deemed to refer to an individual entitled to educational assistance under this chapter. “(3) Rule for applying section 3474.— In applying section 3474 to an individual entitled to educational assistance under this chapter for purposes of this section, the reference in such section 3474 to the term ‘educational assistance allowance’ shall be deemed to refer to educational assistance payable under section 3313. “(4) Rule for applying section 3482.— In applying section 3482(g) to an individual entitled to educational assistance under this chapter for purposes of this section— “(A) the first reference to the term ‘educational assistance allowance’ in such section 3482(g) shall be deemed to refer to educational assistance payable under section 3313; and “(B) the first sentence of paragraph (1) of such section 3482(g) shall be applied as if such sentence ended with ‘equipment’. “(b) Information on Benefits.— “(1) Timing for providing.— The Regulations. Secretary shall provide the information described in paragraph (2) to each member of the Armed Forces at such times as the Secretary and the Secretary of Defense shall jointly prescribe in regulations. “(2) Description of information.— The information described in this paragraph is information on benefits, limitations, procedures, eligibility requirements (including time-in-service requirements), and other important aspects of educational assistance under this chapter, including application forms for such assistance under section 5102. “(3) To whom provided.— The Secretary of Veterans Affairs shall furnish the information and forms described in paragraph (2), and other educational materials on educational assistance under this chapter, to educational institutions, training establishments, military education personnel, and such other persons and entities as the Secretary considers appropriate. “(c) Regulations.— “(1) In general.— The Secretary shall prescribe regulations for the administration of this chapter. “(2) Uniformity.— Any Applicability. regulations prescribed by the Secretary of Defense for purposes of this chapter shall apply uniformly across the Armed Forces. “§ 3324. Allocation of administration and costs “(a) Administration.— Except as otherwise provided in this chapter, the Secretary shall administer the provision of educational assistance under this chapter. “(b) Costs.— Payments for entitlement to educational assistance earned under this chapter shall be made from funds appropriated to, or otherwise made available to, the Department for the payment of readjustment benefits.” .Effective date note
Pub. L. 115–48, title I, § 101(b), Aug. 16, 2017, 131 Stat. 974, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to service in the Armed Forces occurring on or after September 11, 2001.” Pub. L. 115–48, title I, § 101(c), Aug. 16, 2017, 131 Stat. 974, provided that: “An individual who is entitled to educational assistance by reason of the amendment made by subsection (a) [amending this section] may use such entitlement to pursue a course of education beginning on or after August 1, 2018.” Pub. L. 115–48, title IV, § 401(b), Aug. 16, 2017, 131 Stat. 995, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to service in the Armed Forces occurring on or after the date of the enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 (Public Law 110–252) [June 30, 2008].” Pub. L. 115–48, title IV, § 401(c), Aug. 16, 2017, 131 Stat. 995, provided that: “An individual who is entitled to educational assistance by reason of the amendment made by subsection (a) [amending this section] may use such entitlement to pursue a course of education beginning on or after August 1, 2018.”Post-9/11 Veterans Educational Assistance Improvements Act of 2010
Pub. L. 111–377 § 101(a)(1) · 124 Stat. 4106
Added · 38 U.S.C. § 3301(1)(C)
Pub. L. 111–377, § 101(a)(1), added subpar. (C)
Source evidence
Code amendment note
Par. (1)(C). Pub. L. 111–377, § 101(a)(1), added subpar. (C).Enacted provision · exact public law section
(1) Expansion of definition of active duty to include service in national guard for certain purposes.— Paragraph (1) of section 3301 is amended by adding at the end the following new subparagraph: “(C) In the case of a member of the Army National Guard of the United States or Air National Guard of the United States, in addition to service described in subparagraph (B), full-time service— “(i) in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or “(ii) in the National Guard under section 502(f) of title 32 when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.” .Post-9/11 Veterans Educational Assistance Improvements Act of 2010
Pub. L. 111–377 § 101(a)(2) · 124 Stat. 4106
Inserted · 38 U.S.C. § 3301(2)(A)
Pub. L. 111–377, § 101(a)(2), inserted “or One Station Unit Training” before period at end
Source evidence
Code amendment note
Par. (2)(A). Pub. L. 111–377, § 101(a)(2), inserted “or One Station Unit Training” before period at end.Enacted provision · exact public law section
(2) Expansion of definition of army entry level and skill training to include one station unit training.— Paragraph (2)(A) of such section is amended by inserting “or One Station Unit Training” before the period at the end.Post-9/11 Veterans Educational Assistance Improvements Act of 2010
Pub. L. 111–377 § 101(a)(3) · 124 Stat. 4106
Inserted · 38 U.S.C. § 3301(2)(E)
Pub. L. 111–377, § 101(a)(3), inserted “and Skill Training (or so-called ‘A’ School)” before period at end
Source evidence
Code amendment note
Par. (2)(E). Pub. L. 111–377, § 101(a)(3), inserted “and Skill Training (or so-called ‘A’ School)” before period at end.Enacted provision · exact public law section
(3) Clarification of definition of entry level and skill training for the coast guard.— Paragraph (2)(E) of such section is amended by inserting “and Skill Training (or so-called ‘A’ School)” before the period at the end.National Defense Authorization Act for Fiscal Year 2013
Pub. L. 112–239 div. A title VI § 681(c) · 126 Stat. 1632
Inserted · 38 U.S.C. § 3301(1)(B)
Pub. L. 112–239 inserted “or section 712 of title 14” after “title 10”
Source evidence
Code amendment note
Par. (1)(B). Pub. L. 112–239 inserted “or section 712 of title 14” after “title 10”.Enacted provision · exact public law section
(c) Post 9/11 Educational Assistance.— Section 3301(1)(B) of title 38, United States Code, is amended by inserting “or section 712 of title 14” after “title 10”.Harry W. Colmery Veterans Educational Assistance Act of 2017
Pub. L. 115–48 § 401(a) · 131 Stat. 973
Substituted · 38 U.S.C. § 3301(1)(B)
Pub. L. 115–48, § 401(a), substituted “12304, 12304a, or 12304b” for “or 12304”
Source evidence
Code amendment note
Par. (1)(B). Pub. L. 115–48, § 401(a), substituted “12304, 12304a, or 12304b” for “or 12304”.Enacted provision · exact public law section
(a) In General.— Section 3301(1)(B) is amended by striking “or 12304” and inserting “12304, 12304a, or 12304b”.Effective date note
Pub. L. 115–48, title I, § 101(b), Aug. 16, 2017, 131 Stat. 974, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to service in the Armed Forces occurring on or after September 11, 2001.” Pub. L. 115–48, title I, § 101(c), Aug. 16, 2017, 131 Stat. 974, provided that: “An individual who is entitled to educational assistance by reason of the amendment made by subsection (a) [amending this section] may use such entitlement to pursue a course of education beginning on or after August 1, 2018.” Pub. L. 115–48, title IV, § 401(b), Aug. 16, 2017, 131 Stat. 995, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to service in the Armed Forces occurring on or after the date of the enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 (Public Law 110–252) [June 30, 2008].” Pub. L. 115–48, title IV, § 401(c), Aug. 16, 2017, 131 Stat. 995, provided that: “An individual who is entitled to educational assistance by reason of the amendment made by subsection (a) [amending this section] may use such entitlement to pursue a course of education beginning on or after August 1, 2018.”Harry W. Colmery Veterans Educational Assistance Act of 2017
Pub. L. 115–48 § 101(a) · 131 Stat. 973
Inserted · 38 U.S.C. § 3301(1)(B)
Pub. L. 115–48, § 101(a), inserted “12301(h),” after “12301(g),”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–48, § 101(a), inserted “12301(h),” after “12301(g),”.Enacted provision · exact public law section
(a) In General.— Section 3301(1)(B) is amended by inserting “12301(h),” after “12301(g),”.Effective date note
Pub. L. 115–48, title I, § 101(b), Aug. 16, 2017, 131 Stat. 974, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to service in the Armed Forces occurring on or after September 11, 2001.” Pub. L. 115–48, title I, § 101(c), Aug. 16, 2017, 131 Stat. 974, provided that: “An individual who is entitled to educational assistance by reason of the amendment made by subsection (a) [amending this section] may use such entitlement to pursue a course of education beginning on or after August 1, 2018.” Pub. L. 115–48, title IV, § 401(b), Aug. 16, 2017, 131 Stat. 995, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to service in the Armed Forces occurring on or after the date of the enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 (Public Law 110–252) [June 30, 2008].” Pub. L. 115–48, title IV, § 401(c), Aug. 16, 2017, 131 Stat. 995, provided that: “An individual who is entitled to educational assistance by reason of the amendment made by subsection (a) [amending this section] may use such entitlement to pursue a course of education beginning on or after August 1, 2018.”William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title IX § 926(g) · 134 Stat. 3388
Inserted · 38 U.S.C. § 3301(2)(C)
Pub. L. 116–283 inserted “or the Space Force” after “Air Force”
Source evidence
Code amendment note
Par. (2)(C). Pub. L. 116–283 inserted “or the Space Force” after “Air Force”.Enacted provision · exact public law section
(g) Definitions for Post-9/11 GI Bill.— Section 3301(2)(C) of title 38,United States Code, is amended by inserting “or the Space Force” after “Air Force”.Veterans Auto and Education Improvement Act of 2022
Pub. L. 117–333 § 3(e)(1) · 136 Stat. 6121
Added · 38 U.S.C. § 3301(2)(5)
Pub. L. 117–333 added par. (2)
Redesignated · 38 U.S.C. § 3301(2)(5)
Pub. L. 117–333 redesignated former pars. (2) to (4) as (3) to (5), respectively
Source evidence
Code amendment note
Pars. (2) to (5). Pub. L. 117–333 added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively.Enacted provision · exact public law section
(1) Post-9/11 educational assistance program.— Section 3301 of title 38, United States Code, is amended— (A) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (B) by inserting after paragraph (1) the following new paragraph (2): “(2) The term ‘emergency situation’ has the meaning given such term in section 3601 of this title.” .
10 of 10 references resolved to an enrolled provision
Editorial Notes
References in Text
Section 712 of title 14, referred to in par. (1)(B), was redesignated section 3713 of title 14 by Pub. L. 115–282, title I, § 118(b), , 132 Stat. 4233, and references to section 712 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Redesignated Sections of Title 14 note preceding section 101 of Title 14, Coast Guard.
Amendments2011–2023 · 5 rounds
2023
Pars. (2) to (5). Pub. L. 117–333 added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively.
2021
Par. (2)(C). Pub. L. 116–283 inserted “or the Space Force” after “Air Force”.
2017
Par. (1)(B). Pub. L. 115–48, § 401(a), substituted “12304, 12304a, or 12304b” for “or 12304”.
Pub. L. 115–48, § 101(a), inserted “12301(h),” after “12301(g),”.
2013
Par. (1)(B). Pub. L. 112–239 inserted “or section 712 of title 14” after “title 10”.
2011
Par. (1)(C). Pub. L. 111–377, § 101(a)(1), added subpar. (C).
Par. (2)(A). Pub. L. 111–377, § 101(a)(2), inserted “or One Station Unit Training” before period at end.
Par. (2)(E). Pub. L. 111–377, § 101(a)(3), inserted “and Skill Training (or so-called ‘A’ School)” before period at end.
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Pub. L. 115–48, title I, § 101(b), , 131 Stat. 974, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to service in the Armed Forces occurring on or after .”
Pub. L. 115–48, title I, § 101(c), , 131 Stat. 974, provided that: “An individual who is entitled to educational assistance by reason of the amendment made by subsection (a) [amending this section] may use such entitlement to pursue a course of education beginning on or after .”
Pub. L. 115–48, title IV, § 401(b), , 131 Stat. 995, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to service in the Armed Forces occurring on or after the date of the enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 (Public Law 110–252) [].”
Pub. L. 115–48, title IV, § 401(c), , 131 Stat. 995, provided that: “An individual who is entitled to educational assistance by reason of the amendment made by subsection (a) [amending this section] may use such entitlement to pursue a course of education beginning on or after .”
Effective Date of 2013 Amendment
Amendment by Pub. L. 112–239 applicable to call or order to active duty authorized under former section 712 (now 3713) of Title 14, Coast Guard, after , and deemed to have been enacted on , for purposes of applying the amendment to section 5538 of Title 5, Government Organization and Employees, and sections 701 and 12731 of Title 10, Armed Forces, see section 681(d) of Pub. L. 112–239, set out as a note under section 101 of Title 10.
Effective Date of 2011 Amendment
Pub. L. 111–377, title I, § 101(d)(1)–(3), , 124 Stat. 4108, provided that:
“(1) Service in national guard as active duty.—
The amendment made by subsection (a)(1) [amending this section] shall take effect on , as if included in the enactment of chapter 33 of title 38, United States Code, pursuant to the Post-9/11 Veterans Educational Assistance Act of 2008 (title V of Public Law 110–252) [see Short Title of 2008 Amendment note set out under section 101 of this title]. However, no benefits otherwise payable by reason of such amendment for the period beginning on , and ending on , may be paid before .
“(2) One station unit training.—
The amendment made by subsection (a)(2) [amending this section] shall take effect on the date of the enactment of this Act [].
“(3) Entry level and skill training for the coast guard.—
The amendment made by subsection (a)(3) [amending this section] shall take effect on the date of the enactment of this Act, and shall apply with respect to individuals entering service on or after that date.”
Effective Date
Section effective , see section 5003(d) of Pub. L. 110–252, set out as an Effective Date of 2008 Amendment note under section 16163 of Title 10, Armed Forces.
Construction of Active Duty
Pub. L. 115–48, title I, § 106(b), , 131 Stat. 977, provided that: “Section 3301(1) of title 38, United States Code, shall be construed to include, in the case of a member of a reserve component of the Armed Forces who, before , established eligibility for educational assistance under chapter 1607 of title 10, United States Code, pursuant to section 16163(a)(1) of such title, but lost eligibility for such educational assistance pursuant to section 16167(b) of such title, service on active duty (as defined in section 101 of such title) that satisfies the requirements of section 16163(a)(1) of such title.”
Improvement of Information Technology of the Veterans Benefits Administration of the Department of Veterans Affairs
Pub. L. 115–48, title I, § 115, , 131 Stat. 986, provided that:
“(a) Processing of Certain Educational Assistance Claims.—
The Secretary of Veterans Affairs shall, to the maximum extent possible, make such changes and improvements to the information technology system of the Veterans Benefits Administration of the Department of Veterans Affairs to ensure that—
“(1) to the maximum extent possible, all original and supplemental claims for educational assistance under chapter 33 of title 38, United States Code, are adjudicated electronically; and
“(2) rules-based processing is used to make decisions with respect to such claims with little human intervention.
“(b) Implementation Plan.—
Not later than 180 days after the date of the enactment of this Act [], the Secretary of Veterans Affairs shall submit to Congress a plan to implement the changes and improvements described in subsection (a).
“(c) Report.—
Not later than 1 year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the implementation of the changes and improvements described in subsection (a).
“(d) Authorization of Appropriations.—
There is authorized to be appropriated to the Secretary of Veterans Affairs $30,000,000 to carry out this section during fiscal years 2018 and 2019.”
Findings
Pub. L. 110–252, title V, § 5002, , 122 Stat. 2357, provided that:
“Congress makes the following findings:
“(1) On , terrorists attacked the United States, and the brave members of the Armed Forces of the United States were called to the defense of the Nation.
“(2) Service on active duty in the Armed Forces has been especially arduous for the members of the Armed Forces since .
“(3) The United States has a proud history of offering educational assistance to millions of veterans, as demonstrated by the many ‘G.I. Bills’ enacted since World War II. Educational assistance for veterans helps reduce the costs of war, assist veterans in readjusting to civilian life after wartime service, and boost the United States economy, and has a positive effect on recruitment for the Armed Forces.
“(4) The current educational assistance program for veterans is outmoded and designed for peacetime service in the Armed Forces.
“(5) The people of the United States greatly value military service and recognize the difficult challenges involved in readjusting to civilian life after wartime service in the Armed Forces.
“(6) It is in the national interest for the United States to provide veterans who serve on active duty in the Armed Forces after , with enhanced educational assistance benefits that are worthy of such service and are commensurate with the educational assistance benefits provided by a grateful Nation to veterans of World War II.”
Applicability to Individuals Under Montgomery GI Bill Program
Pub. L. 110–252, title V, § 5003(c), , 122 Stat. 2375, which related to applicability of Post-9/11 Educational Assistance program to individuals entitled to education assistance under chapter 33 of this title, was repealed by Pub. L. 114–315, title IV, § 405(c), , 130 Stat. 1558. See section 3327 of this title.
Executive Documents
Ex. Ord. No. 13607. Establishing Principles of Excellence for Educational Institutions Serving Service Members, Veterans, Spouses, and Other Family Members
Ex. Ord. No. 13607, , 77 F.R. 25861, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure that Federal military and veterans educational benefits programs are providing service members, veterans, spouses, and other family members with the information, support, and protections they deserve, it is hereby ordered as follows:
Section 1. Policy. The original GI Bill, approved just weeks after D-Day, educated nearly 8 million Americans and helped transform this Nation. We owe the same obligations to this generation of service men and women as was afforded that previous one. This is the promise of the Post-9/11 Veterans Educational Assistance Act of 2008 (title V, Public Law 110–252) (Post-9/11 GI Bill) and the continued provision of educational benefits in the Department of Defense’s Tuition Assistance Program (10 U.S.C. 2007): to provide our service members, veterans, spouses, and other family members the opportunity to pursue a high-quality education and gain the skills and training they need to fill the jobs of tomorrow.
Since the Post-9/11 GI Bill became law, there have been reports of aggressive and deceptive targeting of service members, veterans, and their families by some educational institutions. For example, some institutions have recruited veterans with serious brain injuries and emotional vulnerabilities without providing academic support and counseling; encouraged service members and veterans to take out costly institutional loans rather than encouraging them to apply for Federal student loans first; engaged in misleading recruiting practices on military installations; and failed to disclose meaningful information that allows potential students to determine whether the institution has a good record of graduating service members, veterans, and their families and positioning them for success in the workforce.
To ensure our service members, veterans, spouses, and other family members have the information they need to make informed decisions concerning their well-earned Federal military and veterans educational benefits, I am directing my Administration to develop Principles of Excellence to strengthen oversight, enforcement, and accountability within these benefits programs.
Sec. 2. Principles of Excellence for Educational Institutions Serving Service Members, Veterans, Spouses, and Other Family Members. The Departments of Defense, Veterans Affairs, and Education shall establish Principles of Excellence (Principles) to apply to educational institutions receiving funding from Federal military and veterans educational benefits programs, including benefits programs provided by the Post-9/11 GI Bill and the Tuition Assistance Program. The Principles should ensure that these educational institutions provide meaningful information to service members, veterans, spouses, and other family members about the financial cost and quality of educational institutions to assist those prospective students in making choices about how to use their Federal educational benefits; prevent abusive and deceptive recruiting practices that target the recipients of Federal military and veterans educational benefits; and ensure that educational institutions provide high-quality academic and student support services to active-duty service members, reservists, members of the National Guard, veterans, and military families.
To the extent permitted by law, the Principles, implemented pursuant to section 3 of this order, should require educational institutions receiving funding pursuant to Federal military and veterans educational benefits to:
(a) prior to enrollment, provide prospective students who are eligible to receive Federal military and veterans educational benefits with a personalized and standardized form, as developed in a manner set forth by the Secretary of Education, working with the Secretaries of Defense and Veterans Affairs, to help those prospective students understand the total cost of the educational program, including tuition and fees; the amount of that cost that will be covered by Federal educational benefits; the type and amount of financial aid they may qualify for; their estimated student loan debt upon graduation; information about student outcomes; and other information to facilitate comparison of aid packages offered by different educational institutions;
(b) inform students who are eligible to receive Federal military and veterans educational benefits of the availability of Federal financial aid and have in place policies to alert those students of their potential eligibility for that aid before packaging or arranging private student loans or alternative financing programs;
(c) end fraudulent and unduly aggressive recruiting techniques on and off military installations, as well as misrepresentation, payment of incentive compensation, and failure to meet State authorization requirements, consistent with the regulations issued by the Department of Education (34 C.F.R. 668.71–668.75, 668.14, and 600.9);
(d) obtain the approval of the institution’s accrediting agency for new course or program offerings before enrolling students in such courses or programs, provided that such approval is appropriate under the substantive change requirements of the accrediting agency;
(e) allow service members and reservists to be readmitted to a program if they are temporarily unable to attend class or have to suspend their studies due to service requirements, and take additional steps to accommodate short absences due to service obligations, provided that satisfactory academic progress is being made by the service members and reservists prior to suspending their studies;
(f) agree to an institutional refund policy that is aligned with the refund of unearned student aid rules applicable to Federal student aid provided through the Department of Education under Title IV of the Higher Education Act of 1965, as required under section 484B of that Act when students withdraw prior to course completion;
(g) provide educational plans for all individuals using Federal military and veterans educational benefits that detail how they will fulfill all the requirements necessary to graduate and the expected timeline of completion; and
(h) designate a point of contact for academic and financial advising (including access to disability counseling) to assist service member and veteran students and their families with the successful completion of their studies and with their job searches.
Sec. 3. Implementation of the Principles of Excellence.
(a) The Departments of Defense and Veterans Affairs shall reflect the Principles described in section 2 of this order in new agreements with educational institutions, to the extent practicable and permitted by law, concerning participation in the Yellow Ribbon Program for veterans under the Post-9/11 GI Bill or the Tuition Assistance Program for active duty service members. The Department of Veterans Affairs shall also notify all institutions participating in the Post-9/11 GI Bill program that they are strongly encouraged to comply with the Principles and shall post on the Department’s website those that do.
(b) The Secretaries of Defense, Veterans Affairs, and Education, in consultation with the Director of the Bureau of Consumer Financial Protection (CFPB) and the Attorney General, shall take immediate action to implement this order, and, within 90 days from the date of this order, report to the President their progress on implementation, including promptly revising regulations, Department of Defense Instructions, guidance documents, Memoranda of Understanding, and other policies governing programs authorized or funded by the Post-9/11 GI Bill and the Tuition Assistance Program to implement the Principles, to the extent permitted by law.
(c) The Secretaries of Defense, Veterans Affairs, and Education shall develop a comprehensive strategy for developing service member and veteran student outcome measures that are comparable, to the maximum extent practicable, across Federal military and veterans educational benefit programs, including, but not limited to, the Post-9/11 GI Bill and the Tuition Assistance Program. To the extent practicable, the student outcome measures should rely on existing administrative data to minimize the reporting burden on institutions participating in these benefit programs. The student outcome measures should permit comparisons across Federal educational programs and across institutions and types of institutions. The Secretary of Education, in consultation with the Secretaries of Defense and Veterans Affairs, shall also collect from educational institutions, as part of the Integrated Postsecondary Education Data System and other data collection systems, information on the amount of funding received pursuant to the Post-9/11 GI Bill and the Tuition Assistance Program. The Secretary of Education shall make this information publicly available on the College Navigator Website.
(d) The Secretary of Veterans Affairs, in consultation with the Secretaries of Defense and Education, shall provide to prospective military and veteran students, prior to using their benefits, streamlined tools to compare educational institutions using key measures of affordability and value through the Department of Veterans Affairs’ eBenefits portal. The eBenefits portal shall be updated to facilitate access to school performance information, consumer protection information, and key Federal financial aid documents. The Secretaries of Defense and Veterans Affairs shall also ensure that service members and veterans have access to that information through educational counseling offered by those Departments.
Sec. 4. Strengthening Enforcement and Compliance Mechanisms. Service members, veterans, spouses, and other family members should have access to a strong enforcement system through which to file complaints when institutions fail to follow the Principles. Within 90 days of the date of this order, the Secretaries of Defense and Veterans Affairs, in consultation with the Secretary of Education and the Director of the CFPB, as well as with the Attorney General, as appropriate, shall submit to the President a plan to strengthen enforcement and compliance mechanisms. The plan shall include proposals to:
(a) create a centralized complaint system for students receiving Federal military and veterans educational benefits to register complaints that can be tracked and responded to by the Departments of Defense, Veterans Affairs, Justice, and Education, the CFPB, and other relevant agencies;
(b) institute uniform procedures for receiving and processing complaints across the State Approving Agencies (SAAs) that work with the Department of Veterans Affairs to review participating institutions, provide a coordinated mechanism across SAAs to alert the Department of Veterans Affairs to any complaints that have been registered at the State level, and create procedures for sharing information about complaints with the appropriate State officials, accrediting agency representatives, and the Secretary of Education;
(c) institute uniform procedures for referring potential matters for civil or criminal enforcement to the Department of Justice and other relevant agencies;
(d) establish procedures for targeted risk-based program reviews of institutions to ensure compliance with the Principles;
(e) establish new uniform rules and strengthen existing procedures for access to military installations by educational institutions. These new rules should ensure, at a minimum, that only those institutions that enter into a memorandum of agreement pursuant to section 3(a) of this order are permitted entry onto a Federal military installation for the purposes of recruitment. The Department of Defense shall include specific steps for instructing installation commanders on commercial solicitation rules and the requirement of the Principles outlined in section 2(c) of this order; and
(f) take all appropriate steps to ensure that websites and programs are not deceptively and fraudulently marketing educational services and benefits to program beneficiaries, including initiating a process to protect the term “GI Bill” and other military or veterans-related terms as trademarks, as appropriate.
Sec. 5. General Provisions. (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
Credits
2008–2023 · 6 acts
- 2008Added Pub. L. 110–252, title V, § 5003(a)(1), , 122 Stat. 2359
- 2011amended Pub. L. 111–377, title I, § 101(a), , 124 Stat. 4107
- 2013Pub. L. 112–239, div. A, title VI, § 681(c), , 126 Stat. 1795
- 2017Pub. L. 115–48, title I, § 101(a), title IV, § 401(a), , 131 Stat. 974, 995
- 2021Pub. L. 116–283, div. A, title IX, § 926(g), , 134 Stat. 3831
- 2023Pub. L. 117–333, § 3(e)(1), , 136 Stat. 6127.
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(Added Pub. L. 110–252, title V, § 5003(a)(1), , 122 Stat. 2359; amended Pub. L. 111–377, title I, § 101(a), , 124 Stat. 4107; Pub. L. 112–239, div. A, title VI, § 681(c), , 126 Stat. 1795; Pub. L. 115–48, title I, § 101(a), title IV, § 401(a), , 131 Stat. 974, 995; Pub. L. 116–283, div. A, title IX, § 926(g), , 134 Stat. 3831; Pub. L. 117–333, § 3(e)(1), , 136 Stat. 6127.)