§ 3311. Educational assistance for service in the Armed Forces commencing on or after September 11, 2001: entitlement

Footnotes

1. 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.

1. 2008

   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. § 3311

   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. 2359

   Enacted 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.” .

2. 2009

   Pub. L. 111–32 § 1002(a)(1) · 123 Stat. 1859

   Added · 38 U.S.C. § 3311(b)(9)

   Pub. L. 111–32, § 1002(a)(1), added par. (9)

   Source evidence

   Code amendment note
   Subsec. (b)(9). Pub. L. 111–32, § 1002(a)(1), added par. (9).

   Enacted provision · exact public law section
   (1) in subsection (b), by adding at the end the following new paragraph: “(9) An individual who is the child of a person who, on or after September 11, 2001, dies in line of duty while serving on active duty as a member of the Armed Forces.” ; and

3. 2009

   Pub. L. 111–32 § 1002(a)(2) · 123 Stat. 1859

   Added · 38 U.S.C. § 3311(f)

   Pub. L. 111–32, § 1002(a)(2), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 111–32, § 1002(a)(2), added subsec. (f).

   Enacted provision · exact public law section
   (2) by adding at the end the following new subsection: “(f) Marine Gunnery Sergeant John David Fry Scholarship.— “(1) In general.— Educational assistance payable by reason of paragraph (9) of subsection (b) shall be known as the ‘Marine Gunnery Sergeant John David Fry scholarship’. “(2) Definition of child.— For purposes of that paragraph, the term ‘child’ includes a married individual or an individual who is above the age of twenty-three years.” .

4. 2011

   Post-9/11 Veterans Educational Assistance Improvements Act of 2010

   Pub. L. 111–377 § 101(b) · 124 Stat. 4106

   Substituted · 38 U.S.C. § 3311(c)(4)

   Pub. L. 111–377, § 101(b), substituted “A discharge or release from active duty in the Armed Forces after service on active duty in the Armed Forces characterized by the Secretary concerned as honorable service” for “A discharge or release from active duty in the Armed Forces” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 111–377, § 101(b), substituted “A discharge or release from active duty in the Armed Forces after service on active duty in the Armed Forces characterized by the Secretary concerned as honorable service” for “A discharge or release from active duty in the Armed Forces” in introductory provisions.

   Enacted provision · exact public law section
   (b) Clarification of Applicability of Honorable Service Requirement for Certain Discharges and Releases From the Armed Forces as Basis for Entitlement to Educational Assistance.— Section 3311(c)(4) is amended in the matter preceding subparagraph (A) by striking “A discharge or release from active duty in the Armed Forces” and inserting “A discharge or release from active duty in the Armed Forces after service on active duty in the Armed Forces characterized by the Secretary concerned as honorable service”.

5. 2011

   Post-9/11 Veterans Educational Assistance Improvements Act of 2010

   Pub. L. 111–377 § 101(c) · 124 Stat. 4106

   Inserted · 38 U.S.C. § 3311(d)(2)

   Pub. L. 111–377, § 101(c), inserted “or section 182 of title 14” before period at end

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 111–377, § 101(c), inserted “or section 182 of title 14” before period at end.

   Enacted provision · exact public law section
   (c) Exclusion From Period of Service on Active Duty of Periods of Service in Connection With Attendance at Coast Guard Academy.— Section 3311(d)(2) is amended by inserting “or section 182 of title 14” before the period at the end.

6. 2014

   Veterans Access, Choice, and Accountability Act of 2014

   Pub. L. 113–146 § 701(a) · 128 Stat. 1754

   Inserted · 38 U.S.C. § 3311(b)(9)

   Pub. L. 113–146, § 701(a), inserted “or spouse” after “child”

   Source evidence

   Code amendment note
   Subsec. (b)(9). Pub. L. 113–146, § 701(a), inserted “or spouse” after “child”.

   Enacted provision · exact public law section
   (a) Expansion of Entitlement.— Subsection (b)(9) of section 3311 of title 38, United States Code, is amended by inserting “or spouse” after “child”.

7. 2014

   Veterans Access, Choice, and Accountability Act of 2014

   Pub. L. 113–146 § 701(b) · 128 Stat. 1754

   1. Added · 38 U.S.C. § 3311(f)(2)(4)

      Pub. L. 113–146, § 701(b), added pars. (2) and (3)

   2. Redesignated · 38 U.S.C. § 3311(f)(2)(4)

      Pub. L. 113–146, § 701(b), redesignated former par. (2) as (4)

   Source evidence

   Code amendment note
   Subsec. (f)(2) to (4). Pub. L. 113–146, § 701(b), added pars. (2) and (3) and redesignated former par. (2) as (4).

   Enacted provision · exact public law section
   (b) Limitation and Election on Certain Benefits.— Subsection (f) of such section is amended— (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following new paragraphs: “(2) Limitation.— The entitlement of an individual to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) because the individual was a spouse of a person described in such paragraph shall expire on the earlier of— “(A) the date that is 15 years after the date on which the person died; or “(B) the date on which the individual remarries. “(3) Election on receipt of certain benefits.— A surviving spouse entitled to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) who is also entitled to educational assistance under chapter 35 of this title may not receive assistance under both this section and such chapter, but shall make an irrevocable election (in such form and manner as the Secretary may prescribe) under which section or chapter to receive educational assistance.” .

8. 2016

   Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

   Pub. L. 114–315 § 401(b)(1) · 130 Stat. 1536

   Substituted · 38 U.S.C. § 3311(f)(3)

   Pub. L. 114–315, § 401(b)(1), substituted “Except as provided in paragraph (4), a surviving spouse” for “A surviving spouse”

   Source evidence

   Code amendment note
   Subsec. (f)(3). Pub. L. 114–315, § 401(b)(1), substituted “Except as provided in paragraph (4), a surviving spouse” for “A surviving spouse”.

   Enacted provision · exact public law section
   (1) in paragraph (3), by striking “A surviving spouse” and inserting “Except as provided in paragraph (4), a surviving spouse”;

9. 2016

   Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

   Pub. L. 114–315 § 401(b)(3) · 130 Stat. 1536

   Redesignated · 38 U.S.C. § 3311(f)(4)

   Pub. L. 114–315, § 401(b)(3), added par. (4). Former par. (4) redesignated (5)

   Source evidence

   Code amendment note
   Subsec. (f)(4). Pub. L. 114–315, § 401(b)(3), added par. (4). Former par. (4) redesignated (5).

   Enacted provision · exact public law section
   (3) by inserting after paragraph (3) the following new paragraph (4): “(4) Exception for certain elections.— “(A) In general.— An election made under paragraph (3) by a spouse described in subparagraph (B) may not be treated as irrevocable if such election occurred before the date of the enactment of this paragraph. “(B) Eligible surviving spouse.— A spouse described in this subparagraph is an individual— “(i) who is entitled to assistance under subsection (a) pursuant Time period. to paragraph (9) of subsection (b); and “(ii) who was the spouse of a member of the Armed Forces who died during the period beginning on September 11, 2001, and ending on December 31, 2005.” .

10. 2016

    Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

    Pub. L. 114–315 § 401(b)(2) · 130 Stat. 1536

    1. Redesignated · 38 U.S.C. § 3311(f)(5)

       Pub. L. 114–315, § 401(b)(2), (c), redesignated par. (4) as (5)

    2. Substituted · 38 U.S.C. § 3311(f)(5)

       Pub. L. 114–315, § 401(b)(2), (c), substituted “paragraph (9) of subsection (b)” for “that paragraph”

    Source evidence

    Code amendment note
    Subsec. (f)(5). Pub. L. 114–315, § 401(b)(2), (c), redesignated par. (4) as (5) and substituted “paragraph (9) of subsection (b)” for “that paragraph”.

    Enacted provision · exact public law section
    (2) by redesignating paragraph (4) as paragraph (5); and

11. 2017

    Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 § 105(a)(1) · 131 Stat. 973

    Substituted · 38 U.S.C. § 3311(b)(6)(A)

    Pub. L. 115–48, § 105(a)(1), substituted “6 months” for “12 months”

    Source evidence

    Code amendment note
    Subsec. (b)(6)(A). Pub. L. 115–48, § 105(a)(1), substituted “6 months” for “12 months”.

    Enacted provision · exact public law section
    (1) in paragraph (6)(A), by striking “12 months” and inserting “6 months”;

    Effective date note
    Pub. L. 116–315, title I, § 1002(c), Jan. 5, 2021, 134 Stat. 4939, provided that: “The amendments made by this section [amending this section and sections 3313, 3317, 3320, and 3322 of this title] shall take effect immediately after the amendments made by section 105 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48) [see section 105(d) of Pub. L. 115–48 set out as a note below] take effect [Aug. 1, 2020] and shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2021.”

12. 2017

    Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 § 105(a)(2) · 131 Stat. 973

    1. Redesignated · 38 U.S.C. § 3311(b)(7)(9)

       Pub. L. 115–48, § 105(a)(2), (3), redesignated pars. (8) to (10) as (7) to (9), respectively

    2. Struck · 38 U.S.C. § 3311(b)(7)(9)

       Pub. L. 115–48, § 105(a)(2), (3), struck out former par. (7) which read as follows: “An individual who—

    Source evidence

    Code amendment note
    Subsec. (b)(7) to (9). Pub. L. 115–48, § 105(a)(2), (3), redesignated pars. (8) to (10) as (7) to (9), respectively, and struck out former par. (7) which read as follows: “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).”

    Enacted provision · exact public law section
    (2) by striking paragraph (7); and

    Effective date note
    Pub. L. 116–315, title I, § 1002(c), Jan. 5, 2021, 134 Stat. 4939, provided that: “The amendments made by this section [amending this section and sections 3313, 3317, 3320, and 3322 of this title] shall take effect immediately after the amendments made by section 105 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48) [see section 105(d) of Pub. L. 115–48 set out as a note below] take effect [Aug. 1, 2020] and shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2021.”

13. 2017

    Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 § 105(a)(3) · 131 Stat. 973

    Redesignated · 38 U.S.C. § 3311(b)(10)

    Pub. L. 115–48, § 105(a)(3), redesignated par. (10) as (9)

    Source evidence

    Code amendment note
    Subsec. (b)(10). Pub. L. 115–48, § 105(a)(3), redesignated par. (10) as (9).

    Enacted provision · exact public law section
    (3) by redesignating paragraphs (8), (9), and (10) as paragraphs (7), (8), and (9), respectively.

    Effective date note
    Pub. L. 116–315, title I, § 1002(c), Jan. 5, 2021, 134 Stat. 4939, provided that: “The amendments made by this section [amending this section and sections 3313, 3317, 3320, and 3322 of this title] shall take effect immediately after the amendments made by section 105 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48) [see section 105(d) of Pub. L. 115–48 set out as a note below] take effect [Aug. 1, 2020] and shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2021.”

14. 2017

    Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 § 102(a) · 131 Stat. 973

    Added · 38 U.S.C. § 3311(b)(10)

    Pub. L. 115–48, § 102(a), added par. (10)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–48, § 102(a), added par. (10).

    Enacted provision · exact public law section
    (a) Eligibility.— Section 3311(b) is amended by adding at the end the following new paragraph: “(10) An individual who is awarded the Purple Heart for service in the Armed Forces occurring on or after September 11, 2001, and continues to serve on active duty in the Armed Forces or is discharged or released from active duty as described in subsection (c).” .

    Effective date note
    Pub. L. 116–315, title I, § 1002(c), Jan. 5, 2021, 134 Stat. 4939, provided that: “The amendments made by this section [amending this section and sections 3313, 3317, 3320, and 3322 of this title] shall take effect immediately after the amendments made by section 105 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48) [see section 105(d) of Pub. L. 115–48 set out as a note below] take effect [Aug. 1, 2020] and shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2021.”

15. 2017

    Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 § 105(c)(1) · 131 Stat. 973

    Substituted · 38 U.S.C. § 3311(f)

    Pub. L. 115–48, § 105(c)(1), substituted “paragraph (8)” for “paragraph (9)” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 115–48, § 105(c)(1), substituted “paragraph (8)” for “paragraph (9)” wherever appearing.

    Enacted provision · exact public law section
    (1) In section 3311(f), by striking “paragraph (9)” each place it appears and inserting “paragraph (8)”.

    Effective date note
    Pub. L. 116–315, title I, § 1002(c), Jan. 5, 2021, 134 Stat. 4939, provided that: “The amendments made by this section [amending this section and sections 3313, 3317, 3320, and 3322 of this title] shall take effect immediately after the amendments made by section 105 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48) [see section 105(d) of Pub. L. 115–48 set out as a note below] take effect [Aug. 1, 2020] and shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2021.”

16. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 809(n)(3) · 132 Stat. 1636

    Substituted · 38 U.S.C. § 3311(d)(2)

    Pub. L. 115–232 substituted “section 7448, 8459, or 9448 of title 10” for “section 4348, 6959, or 9348 of title 10”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 115–232 substituted “section 7448, 8459, or 9448 of title 10” for “section 4348, 6959, or 9348 of title 10”.

    Enacted provision · exact public law section
    (3) Section 3311(d)(2) of such title 38 USC 3311. is amended by striking “section 4348, 6959, or 9348 of title 10” and inserting “section 7448, 8459, or 9448 of title 10”.

17. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 1002(a) · 134 Stat. 4932

    1. Added · 38 U.S.C. § 3311(b)(9)(11)

       Pub. L. 116–315, § 1002(a), added pars. (9) and (10)

    2. Redesignated · 38 U.S.C. § 3311(b)(9)(11)

       Pub. L. 116–315, § 1002(a), redesignated former par. (9) as (11)

    Source evidence

    Code amendment note
    Subsec. (b)(9) to (11). Pub. L. 116–315, § 1002(a), added pars. (9) and (10) and redesignated former par. (9) as (11).

    Enacted provision · exact public law section
    (a) In General.— Subsection (b) of section 3311 of title 38, United States Code, as amended by section 105 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48), is further amended— (1) by redesignating paragraph (9) as paragraph (11); and (2) by inserting after paragraph (8) the following new paragraphs (9) and (10): “(9) An individual who is the child or spouse of a person who, on or after September 11, 2001, dies in line of duty while serving on duty other than active duty as a member of the Armed Forces. “(10) An individual who is the child or spouse of a member of the Selected Reserve who dies on or after September 11, 2001, while a member of the Selected Reserve from a service-connected disability.” .

    Effective date note
    Pub. L. 116–315, title I, § 1002(c), Jan. 5, 2021, 134 Stat. 4939, provided that: “The amendments made by this section [amending this section and sections 3313, 3317, 3320, and 3322 of this title] shall take effect immediately after the amendments made by section 105 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48) [see section 105(d) of Pub. L. 115–48 set out as a note below] take effect [Aug. 1, 2020] and shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2021.”

18. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 1002(b)(1) · 134 Stat. 4932

    Substituted · 38 U.S.C. § 3311(f)

    Pub. L. 116–315, § 1002(b)(1), substituted “paragraphs (8), (9), and (10)” for “paragraph (8)” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 116–315, § 1002(b)(1), substituted “paragraphs (8), (9), and (10)” for “paragraph (8)” wherever appearing.

    Enacted provision · exact public law section
    (1) In section 3311(f), by striking “paragraph (8)” each place it appears and inserting “paragraphs (8), (9), and (10)”.

    Effective date note
    Pub. L. 116–315, title I, § 1002(c), Jan. 5, 2021, 134 Stat. 4939, provided that: “The amendments made by this section [amending this section and sections 3313, 3317, 3320, and 3322 of this title] shall take effect immediately after the amendments made by section 105 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48) [see section 105(d) of Pub. L. 115–48 set out as a note below] take effect [Aug. 1, 2020] and shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2021.”

19. 2023

    Sgt. Wolf Kyle Weninger Veterans Education Fairness Act of 2022

    Pub. L. 117–333 § 10(b) · 136 Stat. 6121

    1. Struck · 38 U.S.C. § 3311(b)(2)

       Pub. L. 117–333, 10(b)(1)–(3), struck out “who” after “individual” in introductory provisions

    2. Inserted · 38 U.S.C. § 3311(b)(2)

       Pub. L. 117–333, 10(b)(1)–(3), inserted “(A) who—” after “individual—”

    3. Redesignated · 38 U.S.C. § 3311(b)(2)

       Pub. L. 117–333, 10(b)(1)–(3), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A) and realigned margins

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 117–333, 10(b)(1)–(3), struck out “who” after “individual” in introductory provisions, inserted “(A) who—” after “individual—”, and redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A) and realigned margins.

    Enacted provision · exact public law section
    (b) Eligibility.— Subsection (b)(2) of section 3311 of title 38, United States Code, is amended— (1) in the matter preceding subparagraph (A), by striking “who”; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting such clause two ems to the right; (3) by inserting before clause (i), as so redesignated, the following new subparagraph (A): “(A) who—” ; (4) in subparagraph (A)(ii), as so redesignated— (A) by striking “in subparagraph (A)” and inserting “in clause (i)”; and (B) by striking the period and inserting “or by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10); or”; and (5) by adding at the end the following new subparagraph (B): “(B) who— “(i) commencing on or after September 11, 2001, completes at least 30 continuous days of service described in subsection (d) (1) or (2); and “(ii) after completion of service described in clause (i), is discharged or released by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10).” .

20. 2023

    Sgt. Wolf Kyle Weninger Veterans Education Fairness Act of 2022

    Pub. L. 117–333 § 10(b)(4) · 136 Stat. 6121

    Substituted · 38 U.S.C. § 3311(b)(2)(A)(ii)

    Pub. L. 117–333, § 10(b)(4), substituted “in clause (i)” for “in subparagraph (A)” and “or by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10); or” for period at end

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A)(ii). Pub. L. 117–333, § 10(b)(4), substituted “in clause (i)” for “in subparagraph (A)” and “or by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10); or” for period at end.

    Enacted provision · exact public law section
    (4) in subparagraph (A)(ii), as so redesignated— (A) by striking “in subparagraph (A)” and inserting “in clause (i)”; and (B) by striking the period and inserting “or by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10); or”; and

21. 2023

    Sgt. Wolf Kyle Weninger Veterans Education Fairness Act of 2022

    Pub. L. 117–333 § 10(b)(5) · 136 Stat. 6121

    Redesignated · 38 U.S.C. § 3311(b)(2)(B)

    Pub. L. 117–333, § 10(b)(5), added subpar. (B). Former subpar. (B) redesignated (A)(ii)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 117–333, § 10(b)(5), added subpar. (B). Former subpar. (B) redesignated (A)(ii).

    Enacted provision · exact public law section
    (5) by adding at the end the following new subparagraph (B): “(B) who— “(i) commencing on or after September 11, 2001, completes at least 30 continuous days of service described in subsection (d) (1) or (2); and “(ii) after completion of service described in clause (i), is discharged or released by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10).” .

22. 2023

    Sgt. Wolf Kyle Weninger Veterans Education Fairness Act of 2022

    Pub. L. 117–333 § 10(c) · 136 Stat. 6121

    Substituted · 38 U.S.C. § 3311(d)

    Pub. L. 117–333, § 10(c), substituted “Except as provided in subsection (b)(2)(B), the following” for “The following” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 117–333, § 10(c), substituted “Except as provided in subsection (b)(2)(B), the following” for “The following” in introductory provisions.

    Enacted provision · exact public law section
    (c) Conforming Amendment.— Subsection (d) of such section is amended by striking “The following” and inserting “Except as provided in subsection (b)(2)(B), the following”.

23. 2023

    Space Force Personnel Management Act

    Pub. L. 118–31 div. A title XVII § 1723(c)(2) · 137 Stat. 136

    Changed · 38 U.S.C. § 3311(c)(3)

    Pub. L. 118–31, which directed insertion of “, or for further service in the Space Force in a space force active status not on sustained duty under section 20105 of title 10,” after “of the Armed Forces” second time appearing, was executed by making the insertion after “of the Armed Forces” the only time the phrase appeared to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 118–31, which directed insertion of “, or for further service in the Space Force in a space force active status not on sustained duty under section 20105 of title 10,” after “of the Armed Forces” second time appearing, was executed by making the insertion after “of the Armed Forces” the only time the phrase appeared to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (2) Post 9-11 gi bill.— Section 3311(c)(3) of such title is amended by inserting “, or for further service in the Space Force in a space force active status not on sustained duty under section 20105 of title 10,” after “of the Armed Forces” the second place it appears.

24. 2025

    Pub. L. 118–210 § 202(1) · 138 Stat. 2762

    1. Redesignated · 38 U.S.C. § 3311(f)(2)

       Pub. L. 118–210, § 202(1)–(3), redesignated par. (3) as (2)

    2. Substituted · 38 U.S.C. § 3311(f)(2)

       Pub. L. 118–210, § 202(1)–(3), substituted “in paragraph (3)” for “in paragraph (4)”

    3. Struck · 38 U.S.C. § 3311(f)(2)

       Pub. L. 118–210, § 202(1)–(3), struck out former par. (2) which related to limitations on entitlement to educational assistance

    Unresolved: Pub. L. 118–210 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 118–210, § 202(1)–(3), redesignated par. (3) as (2), substituted “in paragraph (3)” for “in paragraph (4)”, and struck out former par. (2) which related to limitations on entitlement to educational assistance.

25. 2025

    Pub. L. 118–210 § 202(2) · 138 Stat. 2762

    Redesignated · 38 U.S.C. § 3311(f)(3)

    Pub. L. 118–210, § 202(2), redesignated par. (4) as (3). Former par. (3) redesignated (2)

    Unresolved: Pub. L. 118–210 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 118–210, § 202(2), redesignated par. (4) as (3). Former par. (3) redesignated (2).

26. 2025

    Pub. L. 118–210 § 202(4) · 138 Stat. 2762

    Substituted · 38 U.S.C. § 3311(f)(3)(A)

    Pub. L. 118–210, § 202(4), substituted “under paragraph (2)” for “under paragraph (3)”

    Unresolved: Pub. L. 118–210 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f)(3)(A). Pub. L. 118–210, § 202(4), substituted “under paragraph (2)” for “under paragraph (3)”.

27. 2025

    Pub. L. 118–210 § 202(2) · 138 Stat. 2762

    Redesignated · 38 U.S.C. § 3311(f)(4); 38 U.S.C. § 3311(f)(5)

    Pub. L. 118–210, § 202(2), redesignated par. (5) as (4). Former par. (4) redesignated (3)

    Unresolved: Pub. L. 118–210 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f)(4), (5). Pub. L. 118–210, § 202(2), redesignated par. (5) as (4). Former par. (4) redesignated (3).

29 of 35 references resolved to an enrolled provision · 6 unresolved