1. U.S. Code
  2. title 38
  3. part III
  4. chapter 33
  5. subchapter II
  6. § 3313

Collapse to view only § 3313. Educational assistance: amount; payment

§ 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—
(A) who—
(i) commencing on or after September 11, 2001, serves at least 30 continuous days on active duty in the Armed Forces; and
(ii) after completion of service described in clause (i), is discharged or released from active duty in the Armed Forces for a service-connected disability or by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10); or
(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).
(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 6 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 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).
(8) 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 active duty as a member of the Armed Forces.
(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.
(11) 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).
(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, 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 service on active duty characterized by the Secretary concerned as honorable service.
(4) 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) 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.—Except as provided in subsection (b)(2)(B), 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 7448, 8459, or 9448 of title 10 or section 182 1
1 See References in Text note below.
of title 14.
(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).
(f)Marine Gunnery Sergeant John David Fry Scholarship.—
(1)In general.—Educational assistance payable by reason of paragraphs (8), (9), and (10) of subsection (b) shall be known as the “Marine Gunnery Sergeant John David Fry scholarship”.
(2)Limitation.—The entitlement of an individual to assistance under subsection (a) pursuant to paragraphs (8), (9), and (10) 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.—Except as provided in paragraph (4), a surviving spouse entitled to assistance under subsection (a) pursuant to paragraphs (8), (9), and (10) 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.
(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 to paragraphs (8), (9), and (10) 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.
(5)Definition of child.—For purposes of paragraphs (8), (9), and (10) of subsection (b), the term “child” includes a married individual or an individual who is above the age of twenty-three years.
(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2359; amended Pub. L. 111–32, title X, § 1002(a), June 24, 2009, 123 Stat. 1889; Pub. L. 111–377, title I, § 101(b), (c), Jan. 4, 2011, 124 Stat. 4107; Pub. L. 113–146, title VII, § 701(a), (b), Aug. 7, 2014, 128 Stat. 1795; Pub. L. 114–315, title IV, § 401(b), (c), Dec. 16, 2016, 130 Stat. 1553; Pub. L. 115–48, title I, §§ 102(a), 105(a), (c)(1), Aug. 16, 2017, 131 Stat. 975; Pub. L. 115–232, div. A, title VIII, § 809(n)(3), Aug. 13, 2018, 132 Stat. 1844; Pub. L. 116–315, title I, § 1002(a), (b)(1), Jan. 5, 2021, 134 Stat. 4938; Pub. L. 117–333, § 10(b), (c), Jan. 5, 2023, 136 Stat. 6131, 6132; Pub. L. 118–31, div. A, title XVII, § 1723(c)(2), Dec. 22, 2023, 137 Stat. 675.)

CITE AS: 38 USC 3311

§ 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).
(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2362.)

CITE AS: 38 USC 3312

§ 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 approved for purposes of chapter 30 (including approval by the State approving agency concerned).
(c)Programs of Education Leading to a Degree Pursued at Institutions of Higher Learning on More Than Half-time Basis.—The amounts payable under this subsection for pursuit of an approved program of education leading to a degree at an institution of higher learning (as that term is defined in section 3452(f)) are amounts as follows:
(1) In the case of an individual entitled to educational assistance under this chapter by reason of paragraph (1), (2), (8), (9), (10), or (11) of section 3311(b), amounts as follows:
(A) An amount equal to the following:
(i) In the case of a program of education pursued at a public institution of higher learning, the actual net cost for in-State tuition and fees assessed by the institution for the program of education after the application of—(I) any waiver of, or reduction in, tuition and fees; and(II) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b))) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees.
(ii) In the case of a program of education pursued at a non-public or foreign institution of higher learning, the lesser of—(I) the actual net cost for tuition and fees assessed by the institution for the program of education after the application of—(aa) any waiver of, or reduction in, tuition and fees; and(bb) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; or(II) the amount equal to—(aa) for the academic year beginning on August 1, 2011, $17,500; or(bb) for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning on August 1 under this subclause, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h).
(B) A monthly stipend in an amount as follows:
(i) Except as provided in clauses (ii) and (iii), for each month an individual pursues a program of education on more than a half-time basis, a monthly housing stipend equal to the product of—(I) 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 campus of the institution of higher learning where the individual physically participates in a majority of classes, multiplied by(II) the lesser of—(aa) 1.0; or(bb) the number of course hours borne by the individual in pursuit of the program of education, divided by the minimum number of course hours required for full-time pursuit of the program of education, rounded to the nearest multiple of 10.
(ii) In the case of an individual pursuing a program of education at a foreign institution of higher learning on more than a half-time basis, for each month the individual pursues the program of education, a monthly housing stipend equal to the product of—(I) the national average of 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, multiplied by(II) the lesser of—(aa) 1.0; or(bb) the number of course hours borne by the individual in pursuit of the program of education, divided by the minimum number of course hours required for full-time pursuit of the program of education, rounded to the nearest multiple of 10.
(iii) In the case of an individual pursuing a program of education solely through distance learning on more than a half-time basis, a monthly housing stipend equal to 50 percent of the amount payable under clause (ii) if the individual were otherwise entitled to a monthly housing stipend under that clause for pursuit of the program of education.
(iv) 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),1
1 See References in Text note below.
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.
(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 (6) 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 (6) 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 under 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 Leading to a Degree Pursued on Active Duty for a Period of More Than 30 Days on More Than Half-time Basis.—
(1)In general.—Educational assistance is payable under this chapter for pursuit of an approved program of education leading to a degree while on active duty for a period of more than 30 days.
(2)Amount of assistance.—The amounts of educational assistance payable under this chapter to an individual pursuing a program of education leading to a degree while on active duty for a period of more than 30 days are as follows:
(A) Subject to subparagraph (C), an amount equal to the lesser of—
(i) in the case of a program of education pursued at a public institution of higher learning, the actual net cost for in-State tuition and fees assessed by the institution for the program of education after the application of—(I) any waiver of, or reduction in, tuition and fees; and(II) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b))) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees;
(ii) in the case of a program of education pursued at a non-public or foreign institution of higher learning, the lesser of—(I) the actual net cost for tuition and fees assessed by the institution for the program of education after the application of—(aa) any waiver of, or reduction in, tuition and fees; and(bb) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; or(II) the amount equal to—(aa) for the academic year beginning on August 1, 2011, $17,500; or(bb) for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning on August 1 under this subclause, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h); or
(iii) the amount of the charges of the educational institution as elected by the individual in the manner specified in section 3014(b)(1).
(B) Subject to subparagraph (C), 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 of a complete academic year under the program of education that such quarter, semester, or term constitutes.
(C) In the case of an individual entitled to educational assistance by reason of paragraphs (3) through (7) of section 3311(b), the amounts payable to the individual pursuant to subparagraphs (A)(i), (A)(ii), and (B) shall be the amounts otherwise determined pursuant to such subparagraphs multiplied by the same percentage applicable to the monthly amounts payable to the individual under paragraphs (2) through (6) of subsection (c).
(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 whether a program of education pursued on active duty, a program of education leading to a degree, or a program of education other than a program of education leading to a degree.
(2)Amount of assistance.—The educational assistance payable under this chapter to an individual pursuing a program of education covered by this subsection on half-time basis or less is the amounts as follows:
(A) The amount equal to the lesser of—
(i) the actual net cost for in-State tuition and fees assessed by the institution of higher learning for the program of education after the application of—(I) any waiver of, or reduction in, tuition and fees; and(II) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b))) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; 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 (6) 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)Programs of Education Other Than Programs of Education Leading to a Degree.—
(1)In general.—Educational assistance is payable under this chapter for pursuit of an approved program of education other than a program of education leading to a degree at an institution other than an institution of higher learning (as that term is defined in section 3452(f)).
(2)Pursuit on half-time basis or less.—The payment of educational assistance under this chapter for pursuit of a program of education otherwise described in paragraph (1) on a half-time basis or less is governed by subsection (f).
(3)Amount of assistance.—The amounts of educational assistance payable under this chapter to an individual entitled to educational assistance under this chapter who is pursuing an approved program of education covered by this subsection are as follows:
(A) In the case of an individual enrolled in a program of education (other than a program described in subparagraphs (B) through (D)) in pursuit of a certificate or other non-college degree, the following:
(i) Subject to clause (iv), an amount equal to the lesser of—(I) the actual net cost for in-State tuition and fees assessed by the institution concerned for the program of education after the application of—(aa) any waiver of, or reduction in, tuition and fees; and(bb) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b))) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; or(II) the amount equal to—(aa) for the academic year beginning on August 1, 2011, $17,500; or(bb) for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning on August 1 under this subclause, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h).
(ii) Except in the case of an individual pursuing a program of education on a half-time or less basis and subject to clause (iv), a monthly housing stipend equal to the product—(I) of—(aa) in the case of an individual pursuing resident training, 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 campus of the institution of where the individual physically participates in a majority of classes; or(bb) in the case of an individual pursuing a program of education through distance learning, a monthly amount equal to 50 percent of the amount payable under item (aa), multiplied by(II) the lesser of—(aa) 1.0; or(bb) the number of course hours borne by the individual in pursuit of the program of education involved, divided by the minimum number of course hours required for full-time pursuit of such program of education, rounded to the nearest multiple of 10.
(iii) Subject to clause (iv), a monthly stipend in an amount equal to $83 for each month (or pro rata amount for a partial month) of training pursued for books, supplies, equipment, and other educational costs.
(iv) In the case of an individual entitled to educational assistance by reason of paragraphs (3) through (7) of section 3311(b), the amounts payable pursuant to clauses (i), (ii), and (iii) shall be the amounts otherwise determined pursuant to such clauses multiplied by the same percentage applicable to the monthly amounts payable to the individual under paragraphs (2) through (6) of subsection (c).
(B) In the case of an individual pursuing a full-time program of apprenticeship or other on-job training, amounts as follows:
(i) Subject to clauses (iii) and (iv), for each month the individual pursues the program of education, a monthly housing stipend equal to—(I) during the first six-month period of the program, 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 employer at which the individual pursues such program;(II) during the second six-month period of the program, 80 percent of the monthly amount of the basic allowance for housing payable as described in subclause (I);(III) during the third six-month period of the program, 60 percent of the monthly amount of the basic allowance for housing payable as described in subclause (I);(IV) during the fourth six-month period of such program, 40 percent of the monthly amount of the basic allowance for housing payable as described in subclause (I); and(V) during any month after the first 24 months of such program, 20 percent of the monthly amount of the basic allowance for housing payable as described in subclause (I).
(ii) Subject to clauses (iii) and (iv), a monthly stipend in an amount equal to $83 for each month (or pro rata amount for each partial month) of training pursued for books, supplies, equipment, and other educational costs.
(iii) In the case of an individual entitled to educational assistance by reason of paragraphs (3) through (7) of sections 2
2 So in original. Probably should be “section”.
3311(b), the amounts payable pursuant to clauses (i) and (ii) shall be the amounts otherwise determined pursuant to such clauses multiplied by the same percentage applicable to the monthly amounts payable to the individual under paragraphs (2) through (6) of subsection (c).
(iv) In any month in which an individual pursuing a program of education consisting of a program of apprenticeship or other on-job training fails to complete 120 hours of training, the amount of monthly educational assistance allowance payable under clauses (i) and (iii) to the individual shall be limited to the same proportion of the applicable rate determined under this subparagraph as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours.
(C) In the case of an individual enrolled in a program of education consisting of flight training (regardless of the institution providing such program of education), an amount equal to—
(i) the lesser of—(I) the actual net cost for in-State tuition and fees assessed by the institution concerned for the program of education after the application of—(aa) any waiver of, or reduction in, tuition and fees; and(bb) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; or(II) the amount equal to—(aa) for the academic year beginning on August 1, 2011, $10,000; or(bb) for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning on August 1 under this subclause, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h), multiplied by—
(ii) either—(I) in the case of an individual entitled to educational assistance by reason of paragraphs (1), (2), or (8) of section 3311(b), 100 percent; or(II) in the case of an individual entitled to educational assistance by reason of paragraphs (3) through (7) of section 3311(b), the same percentage as would otherwise apply to the monthly amounts payable to the individual under paragraphs (2) through (6) of subsection (c).
(D) In the case of an individual enrolled in a program of education that is pursued exclusively by correspondence (regardless of the institution providing such program of education), an amount equal to—
(i) the lesser of—(I) the actual net cost for tuition and fees assessed by the institution concerned for the program of education after the application of—(aa) any waiver of, or reduction in, tuition and fees; and(bb) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees.(II) the amount equal to—(aa) for the academic year beginning on August 1, 2011, $8,500; or(bb) for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning on August 1 under this subclause, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h), multiplied by—
(ii) either—(I) in the case of an individual entitled to educational assistance by reason of paragraphs (1), (2), or (8) of section 3311(b), 100 percent; or(II) in the case of an individual entitled to educational assistance by reason of paragraphs (3) through (7) of section 3311(b), the same percentage as would otherwise apply to the monthly amounts payable to the individual under paragraphs (2) through (6) of subsection (c).
(4)Frequency of payment.—
(A)Quarter, semester, or term payments.—Payment of the amounts payable under paragraph (3)(A)(i) for pursuit of a program of education shall be made for the entire quarter, semester, or term, as applicable, of the program of education.
(B)Monthly payments.—Payment of the amounts payable under paragraphs (3)(A)(ii) and (3)(B)(i) for pursuit of a program of education shall be made on a monthly basis.
(C)Lump sum payments.—
(i) Payment for the amount payable under paragraphs (3)(A)(iii) and (3)(B)(ii) shall be paid to the individual for the first month of each quarter, semester, or term, as applicable, of the program education pursued by the individual.
(ii) Payment of the amount payable under paragraph (3)(C) for pursuit of a program of education shall be made upon receipt of certification for training completed by the individual and serviced by the training facility.
(D)Quarterly payments.—Payment of the amounts payable under paragraph (3)(D) for pursuit of a program of education shall be made quarterly on a pro rata basis for the lessons completed by the individual and serviced by the institution.
(5)Charge against entitlement for certificate and other non-college degree programs.—
(A)In general.—In the case of amounts paid under paragraph (3)(A)(i) for pursuit of a program of education, the charge against entitlement to educational assistance under this chapter of the individual for whom such payment is made shall be one month for each of—
(i) the amount so paid, divided by
(ii) subject to subparagraph (B), the amount equal to one-twelfth of the amount applicable in the academic year in which the payment is made under paragraph (3)(A)(i)(II).
(B)Pro rata adjustment based on certain eligibility.—If the amount otherwise payable with respect to an individual under paragraph (3)(A)(i) is subject to a percentage adjustment under paragraph (3)(A)(iv), the amount applicable with respect to the individual under subparagraph (A)(ii) shall be the amount otherwise determined pursuant to such subparagraph subject to a percentage adjustment equal to the percentage adjustment applicable with respect to the individual under paragraph (3)(A)(iv).
(h)Payment of Established Charges to Educational Institutions.—Amounts payable under subsections (c)(1)(A) (and of similar amounts payable under paragraphs (2) through (6) of subsection (c)), (e)(2), and (f)(2)(A), and under subparagraphs (A)(i), (C), and (D) of subsection (g)(3), shall be paid directly to the educational institution concerned.
(i)Determination of Housing Stipend Payments for Academic Years.—Any monthly housing stipend payable under this section during the academic year beginning on August 1 of a calendar year shall be determined utilizing rates for basic allowances for housing payable under section 403 of title 37 in effect as of January 1 of such calendar year.
(j)Determination of Monthly Housing Stipends During Active Duty Service.—For any month during which an individual who is entitled to a monthly housing stipend under this section is performing active duty service, the Secretary shall determine the amount of such stipend payable to such individual for such month on a pro rata basis for the period of such month during which the individual is not performing active duty service.
(k)Provision of Housing Stipend Payment Information.—
(1)In general.—The Secretary shall furnish to individuals receiving educational assistance under this chapter documentation that verifies the amount of the monthly housing stipend the individual receives under this section.
(2)Manner.—The Secretary shall make such documentation available to the individual using an internet website in the same manner the Secretary provides documentation verifying compensation and other benefits furnished by the Secretary to individuals.
(l)Verification of Enrollment.—
(1)In general.—Except as provided in paragraph (4), the Secretary shall require—
(A) each educational institution to submit to the Secretary verification of each individual who is enrolled in a course or program of education at the educational institution and is receiving educational assistance under this chapter—
(i) not later than such time as the Secretary determines reasonable after the date on which the individual is enrolled; and
(ii) not later than such time as the Secretary determines reasonable after the last date on which a student is able to withdraw from the course or program of education without penalty; and
(B) each individual who is enrolled in a course or program of education and is receiving educational assistance under this chapter to submit to the Secretary verification of such enrollment for each month during which the individual is so enrolled and receiving such educational assistance.
(2)Form of verification.—Verification under this subsection shall be in an electronic form prescribed by the Secretary.
(3)Failure to submit verification.—If an individual fails to submit the verification required under paragraph (1)(B) for two consecutive months, the Secretary may not make a monthly housing stipend payment to the individual under this section until the individual submits such verification.
(4)Exception.—An educational institution is not required to submit verification of an individual under paragraph (1)(A) if—
(A) the individual is enrolled in a course or program of education offered by the educational institution on at least a full-time basis before the date on which the individual is able to withdraw from the course or program of education without penalty;
(B) the educational institution charges the same amount of tuition and fees for students who are enrolled on a full-time basis and students who are enrolled on a more-than-full-time basis; and
(C) the individual remains enrolled in the course or program of education after the date on which the individual is able to withdraw from the course or program of education without penalty.
(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2363; amended Pub. L. 111–32, title X, § 1002(b), June 24, 2009, 123 Stat. 1889; Pub. L. 111–275, title X, § 1001(g)(1)–(3), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 111–377, title I, §§ 102(a), (b), 103(a), (b), 104(a), (b), 105(a)–(c), 106(a), 112(a), Jan. 4, 2011, 124 Stat. 4108–4110, 4112–4117, 4121; Pub. L. 114–58, title VI, § 601(16)–(18), Sept. 30, 2015, 129 Stat. 539; Pub. L. 115–48, title I, §§ 102(b), 105(b), (c)(2), 107(a), 113(a), Aug. 16, 2017, 131 Stat. 975, 977, 985; Pub. L. 115–62, title V, § 501(b)(1), (c)(1), Sept. 29, 2017, 131 Stat. 1165, 1166; Pub. L. 115–407, title I, § 102, Dec. 31, 2018, 132 Stat. 5369; Pub. L. 116–61, § 6(3), Sept. 30, 2019, 133 Stat. 1117; Pub. L. 116–315, title I, §§ 1002(b)(2), 1009(a), 1010(a), Jan. 5, 2021, 134 Stat. 4938, 4941; Pub. L. 117–16, § 7(a)(2), June 8, 2021, 135 Stat. 284; Pub. L. 117–76, § 3(a), Dec. 21, 2021, 135 Stat. 1517; Pub. L. 117–333, § 13, Jan. 5, 2023, 136 Stat. 6134.)

CITE AS: 38 USC 3313

§ 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.
(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2366.)

CITE AS: 38 USC 3314

§ 3315. Licensure and certification tests
(a)In General.—An individual entitled to educational assistance under this chapter shall also be entitled to payment for licensing or certification tests 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;
(2) the fee charged for the test; or
(3) the amount of entitlement available to the individual under this chapter at the time of payment for the test under this section.
(c)Charge Against Entitlement.—The charge against an individual’s entitlement under this chapter for payment for a licensing or certification test shall be pro-rated based on the actual amount of the fee charged for the test relative to the rate for 1 month payable—
(1) for the academic year beginning on August 1, 2011, $1,460; or
(2) for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning on August 1 under this subsection, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h).
(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2367; amended Pub. L. 111–377, title I, § 107(a), (b), Jan. 4, 2011, 124 Stat. 4118; Pub. L. 115–48, title I, § 108(a), Aug. 16, 2017, 131 Stat. 978.)

CITE AS: 38 USC 3315

§ 3315A. National tests
(a)In General.—An individual entitled to educational assistance under this chapter shall also be entitled to educational assistance for the following:
(1) A national test for admission to an institution of higher learning as described in the last sentence of section 3452(b).
(2) A national test providing an opportunity for course credit at an institution of higher learning as so described.
(3) A national test that evaluates prior learning and knowledge and provides an opportunity for course credit at an institution of higher learning as so described.
(b)Amount.—
(1) the fee charged for the test; or
(2) the amount of entitlement available to the individual under this chapter at the time of payment for the test under this section.
(c)Charge Against Entitlement.—The number of months of entitlement charged an individual under this chapter for a test described in subsection (a) shall be pro-rated based on the actual amount of the fee charged for the test relative to the rate for 1 month payable—
(1) for the academic year beginning on August 1, 2011, $1,460; or
(2) for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning on August 1 under this subsection, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h).
(Added Pub. L. 111–377, title I, § 108(a)(1), Jan. 4, 2011, 124 Stat. 4118; amended Pub. L. 115–48, title I, § 108(b), Aug. 16, 2017, 131 Stat. 978.)

CITE AS: 38 USC 3315A

§ 3315B. Preparatory courses for licensure, certification, or national tests
(a)In General.—An individual entitled to educational assistance under this chapter shall also be entitled to payment for a covered preparatory course.
(b)Amount.—The amount of educational assistance payable under this chapter for a covered preparatory course is the lesser of—
(1) the fee charged for the covered preparatory course; or
(2) the amount of entitlement available to the individual under this chapter at the time of payment for the covered preparatory course under this section.
(c)Charge Against Entitlement.—The number of months of entitlement charged an individual under this chapter for a covered preparatory course shall be pro-rated based on the actual amount of the fee charged for the covered preparatory course relative to the rate for 1 month payable—
(1) for the academic year beginning on August 1, 2020, $2,042; or
(2) for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning on August 1 under this subsection, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h).
(d)Covered Preparatory Course Defined.—In this section, the term “covered preparatory course” means a course—
(1) for a licensing or certification test that is required or used to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession; and
(2) that has been approved by the State approving agency concerned.
(Added Pub. L. 116–154, § 5(a), Aug. 8, 2020, 134 Stat. 691.)

CITE AS: 38 USC 3315B

§ 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 (6) 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 (6) of such section (as applicable).
(2)Eligibility.—Eligibility for supplemental 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 assistance payable under section 3022.
(c)Continuation of Increased Educational Assistance.—
(1)In general.—An individual who made an election to receive educational assistance under this chapter pursuant to section 5003(c)(1)(A) of the Post-9/11 Veterans Educational Assistance Act of 2008 (38 U.S.C. 3301 note) and who, at the time of the election, was entitled to increased educational assistance under section 3015(d) or section 16131(i) of title 10 shall remain entitled to increased educational assistance in the utilization of the individual’s entitlement to educational assistance under this chapter.
(2)Rate.—The monthly rate of increased educational assistance payable to an individual under paragraph (1) shall be—
(A) the rate of educational assistance otherwise payable to the individual under section 3015(d) or section 16131(i) of title 10, as the case may be, had the individual not made the election described in paragraph (1), multiplied by
(B) the lesser of—
(i) 1.0; or
(ii) the number of course hours borne by the individual in pursuit of the program of education involved divided by the minimum number of course hours required for full-time pursuit of the program of education, rounded to the nearest multiple of 10.
(3)Frequency of payment.—Payment of the amounts payable under paragraph (1) during pursuit of a program of education shall be made on a monthly basis.
(d)Funding.—Payments for increased educational assistance under this section shall be made from the Department of Defense Education Benefits Fund under section 2006 of title 10 or from appropriations available to the Department of Homeland Security for that purpose, as applicable.
(e)Regulations.—The Secretaries concerned shall administer this section in accordance with such regulations as the Secretary of Defense shall prescribe.
(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2367; amended Pub. L. 111–275, title X, § 1001(g)(4), (5), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 111–377, title I, § 109(a)–(b)(1), Jan. 4, 2011, 124 Stat. 4119, 4120; Pub. L. 115–48, title I, § 105(c)(3), Aug. 16, 2017, 131 Stat. 976.)

CITE AS: 38 USC 3316

§ 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 tuition and fees for a program of education, 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 such tuition and fees not otherwise covered under subsection (c)(1)(A) or (e)(2)(A) of section 3313 of this title, which contributions shall be matched by equivalent contributions toward such costs by the Secretary. The program shall only apply to covered individuals described in paragraphs (1), (2), (8), (9), (10), and (11) 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 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).
(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2368; amended Pub. L. 115–48, title I, §§ 103(a), 104(a), 105(c)(4), Aug. 16, 2017, 131 Stat. 975, 976; Pub. L. 116–315, title I, §§ 1002(b)(3), 1008, Jan. 5, 2021, 134 Stat. 4938, 4940.)

CITE AS: 38 USC 3317

§ 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 learning 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.
(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2369; amended Pub. L. 111–275, title X, § 1001(g)(6), Oct. 13, 2010, 124 Stat. 2896.)

CITE AS: 38 USC 3318

§ 3319. Authority to transfer unused education benefits to family members
(a)In General.—
(1) Subject to the provisions of this section, the Secretary concerned may 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).
(2) The purpose of the authority in paragraph (1) is to promote recruitment and retention in the uniformed services. The Secretary concerned may exercise the authority for that purpose when authorized by the Secretary of Defense in the national security interests of the United States.
(b)Eligible Individuals.—An individual referred to in subsection (a) is any member of the uniformed services 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 uniformed services; or
(2) the years of service as determined in regulations pursuant to subsection (j).
(c)Eligible Dependents.—
(1)Transfer.—An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual’s entitlement to an eligible dependent or a combination of eligible dependents.
(2)Definition of eligible dependent.—For purposes of this subsection, the term “eligible dependent” has the meaning given the term “dependent” under subparagraphs (A), (I), and (D) of section 1072(2) of title 10.
(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; and
(2) designate the number of months of such entitlement to be transferred to each such dependent.
(f)Time for Transfer; Revocation and Modification.—
(1)Time for transfer.—Subject to the time limitation for use of entitlement under section 3321, and except as provided in subsection (k) or (l), 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.—
(A)In general.—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.
(B)Death prior to transfer to designated transferees.—
(i) In the case of an eligible individual whom the Secretary has approved to transfer the individual’s entitlement under this section who, at the time of death, is entitled to educational assistance under this chapter and has designated a transferee or transferees under subsection (e) but has not transferred all of such entitlement to such transferee or transferees, the Secretary shall transfer the entitlement of the individual under this section by evenly distributing the amount of such entitlement between all such transferees who would not be precluded from using some or all of the transferred benefits due to the expiration of time limitations found in paragraph (5) of this subsection or section 3321 of this title, notwithstanding the limitations under subsection (f).
(ii) If a transferee cannot use all of the transferred benefits under clause (i) because of expiration of a time limitation, the unused benefits will be distributed among the other designated transferees who would not be precluded from using some or all of the transferred benefits due to expiration of time limitations found in paragraph (5) of this subsection or section 3321 of this title, unless or until there are no transferees who would not be precluded from using the transferred benefits because of expiration of a time limitation.
(5)Limitation on age of use by child transferees.—
(A)In general.—A child to whom entitlement is transferred under this section may use the benefits transferred without regard to the 15-year delimiting date specified in section 3321, but may not, except as provided in subparagraph (B) or (C), use any benefits so transferred after attaining the age of 26 years.
(B)Primary caregivers of seriously injured members of the armed forces and veterans.—
(i)In general.—Subject to clause (ii), in the case of a child who, before attaining the age of 26 years, is prevented from pursuing a chosen program of education by reason of acting as the primary provider of personal care services for a veteran or member of the Armed Forces under section 1720G(a), the child may use the benefits beginning on the date specified in clause (iii) for a period whose length is specified in clause (iv).
(ii)Inapplicability for revocation.—Clause (i) shall not apply with respect to the period of an individual as a primary provider of personal care services if the period concludes with the revocation of the individual’s designation as such a primary provider under section 1720G(a)(7)(D).
(iii)Date for commencement of use.—The date specified in this clause for the beginning of the use of benefits by a child under clause (i) is the later of—(I) the date on which the child ceases acting as the primary provider of personal care services for the veteran or member concerned as described in clause (i);(II) the date on which it is reasonably feasible, as determined under regulations prescribed by the Secretary, for the child to initiate or resume the use of benefits; or(III) the date on which the child attains the age of 26 years.
(iv)Length of use.—The length of the period specified in this clause for the use of benefits by a child under clause (i) is the length equal to the length of the period that—(I) begins on the date on which the child begins acting as the primary provider of personal care services for the veteran or member concerned as described in clause (i); and(II) ends on the later of—(aa) the date on which the child ceases acting as the primary provider of personal care services for the veteran or member as described in clause (i); or(bb) the date on which it is reasonably feasible, as so determined, for the child to initiate or resume the use of benefits.
(C)Emergency situations.—In any case in which the Secretary determines that an individual to whom entitlement is transferred under this section has been prevented from pursuing the individual’s chosen program of education before the individual attains the age of 26 years because the educational institution or training establishment closed (temporarily or permanently) under an established policy based on an Executive order of the President or due to an emergency situation, the Secretary shall extend the period during which the individual may use such entitlement for a period equal to the number of months that the individual was so prevented from pursuing the program of education, as determined by the Secretary.
(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)
(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).
(3) The Secretary of Defense may not prescribe any regulation that would provide for a limitation on eligibility to transfer unused education benefits to family members based on a maximum number of years of service in the Armed Forces.
(k)Additional Transfer Upon Death of Dependent.—In the case of a dependent to whom entitlement to educational assistance is transferred under this section who dies before using all of such entitlement, the individual who transferred the entitlement to the dependent may transfer any remaining entitlement to a different eligible dependent, notwithstanding whether the individual is serving as a member of the Armed Forces when such transfer is executed.
(l)Transfer by Dependent.—In the case of an individual who transfers entitlement to educational assistance under this section who dies before the dependent to whom entitlement to educational assistance is so transferred has used all of such entitlement, such dependent may transfer such entitlement to another eligible dependent in accordance with the provisions of this section.
(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2369; amended Pub. L. 111–275, title X, § 1001(g)(7), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 111–377, title I, §§ 110(a), (b), 112(b), title II, § 201(b), Jan. 4, 2011, 124 Stat. 4120, 4122, 4123; Pub. L. 114–58, title VI, § 601(19), Sept. 30, 2015, 129 Stat. 539; Pub. L. 115–48, title I, § 110(a), Aug. 16, 2017, 131 Stat. 981; Pub. L. 116–92, div. A, title V, § 578, Dec. 20, 2019, 133 Stat. 1406; Pub. L. 116–315, title I, § 1011(a), Jan. 5, 2021, 134 Stat. 4941; Pub. L. 117–297, § 3, Dec. 27, 2022, 136 Stat. 4376; Pub. L. 117–328, div. U, title II, § 214(a), Dec. 29, 2022, 136 Stat. 5454; Pub. L. 117–333, § 3(b)(2), Jan. 5, 2023, 136 Stat. 6126.)

CITE AS: 38 USC 3319

§ 3320. Edith Nourse Rogers STEM Scholarship
(a)In General.—Subject to the limitation under subsection (f), the Secretary shall provide additional benefits to eligible individuals selected by the Secretary under this section. Such benefits shall be known as the “Edith Nourse Rogers STEM Scholarship”.
(b)Eligibility.—For purposes of this section, an eligible individual is an individual—
(1) who is or was entitled to educational assistance under section 3311 of this title;
(2) who has used all of the educational assistance to which the individual is entitled under this chapter or will, based on the individual’s rate of usage, use all of such assistance within 180 days of applying for benefits under this section;
(3) who applies for assistance under this section; and
(4) who—
(A) is an individual who—
(i) is enrolled in a program of education leading to a post-secondary degree that, in accordance with the guidelines of the applicable regional or national accrediting agency, requires at least the standard 120 semester (or 180 quarter) credit hours for completion in a standard, undergraduate college degree, or a dual degree program that includes such an undergraduate college degree, in—(I) biological or biomedical science;(II) physical science;(III) science technologies or technicians;(IV) computer and information science and support services;(V) mathematics or statistics;(VI) engineering;(VII) engineering technologies or an engineering-related field;(VIII) a health profession or related program;(IX) an agriculture science program or a natural resources science program; or(X) other subjects and fields identified by the Secretary as meeting national needs;
(ii) has completed at least 60 standard semester (or 90 quarter) credit hours in a field referred to in clause (i); or
(B) is an individual who has earned a post-secondary degree in a field referred to in subparagraph (A)(i) and is enrolled in a covered clinical training program for health care professionals or a program of education leading to a teaching certification; or
(C) is an individual who has earned a graduate degree in a field referred to in subparagraph (A)(i) and is enrolled in a covered clinical training program for health care professionals.
(c)Priority.—
(1) If the Secretary determines that there are insufficient funds available in a fiscal year to provide additional benefits under this section to all eligible individuals, the Secretary may give priority to the following eligible individuals:
(A) Individuals who require the most credit hours described in subsection (b)(4).
(B) Individuals who are entitled to educational assistance under this chapter by reason of paragraph (1), (2), (8), (9), (10), or (11) of section 3311(b) of this title.
(2) The Secretary shall give priority to individuals under paragraph (1) in the following order:
(A) Individuals who are enrolled in a program of education leading to an undergraduate degree in a field referred to in subsection (b)(4)(A)(i).
(B) Individuals who are enrolled in a program of education leading to a teaching certificate.
(C) Individuals who are enrolled in a dual-degree program leading to both an undergraduate and graduate degree in a field referred to in subsection (b)(4)(A)(i).
(D) Individuals who have earned an undergraduate degree and are enrolled in a covered clinical training program for health care professionals.
(E) Individuals who have earned a graduate degree and are enrolled in a covered clinical training program for health care professionals.
(d)Amount of Assistance.—
(1) The Secretary shall pay to each eligible individual who receives additional benefits under this section the monthly amount payable under section 3313 of this title for not more than 9 months of the program of education in which the individual is enrolled (adjusted with respect to the individual pursuant to section 3313(c), as appropriate), except that the aggregate amount paid to an individual under this section may not exceed $30,000.
(2) The Secretary may not pay to such an individual an amount in addition to the amount payable under paragraph (1) by reason of section 3317 of this title.
(3) An individual who receives additional benefits under this section may also receive amounts payable by a college or university pursuant to section 3317 of this title.
(4) Notwithstanding any other provision of this chapter or chapter 36 of this title, any additional benefits under this section may not be counted toward the aggregate period for which section 3695 of this title limits an individual’s receipt of allowance or assistance.
(e)Prohibition on Transfer.—An individual who receives additional benefits under this section may not transfer any amount of such additional benefits under section 3319 of this title.
(f)Maximum Amount of Total Assistance.—The total amount of benefits paid to all eligible individuals under this section may not exceed—
(1) $25,000,000 for fiscal year 2019;
(2) $75,000,000 for each of fiscal years 2020 through 2022; and
(3) $100,000,000 for fiscal year 2023 and each subsequent fiscal year.
(g)Congressional Notice.—If the Secretary identifies a new subject or field pursuant to subsection (b)(4)(A)(i)(XI) as meeting a national need, the Secretary shall submit to Congress notice of such identification at least 90 days before conferring eligibility on any individual for purposes of this section on the basis of such identification, including any analysis of labor market supply and demand used in identifying the new subject or field, as applicable.
(h)Covered Clinical Training Program Defined.—In this section, the term “covered clinical training program” means any clinical training required by a health care professional to be licensed to practice in a State or locality.
(Added Pub. L. 115–48, title I, § 111(a),

CITE AS: 38 USC 3320