38 USC 3311 - Educational assistance for service in the Armed Forces commencing on or after

1 See References in Text note below.

of title 14.

Editorial Notes

References in Text

Section 182 of title 14, referred to in subsec. (d)(2), was repealed by Puspan. L. 115–282, title I, § 110(c)(2), Dec. 4, 2018, 132 Stat. 4215.

The date of the enactment of this paragraph, referred to in subsec. (f)(4)(A), is the date of enactment of Puspan. L. 114–315, which was approved Dec. 16, 2016.

Amendments

2023—Subsec. (c)(3). Puspan. 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.

2023—Subsec. (span)(2). Puspan. L. 117–333, 10(span)(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.

Subsec. (span)(2)(A)(ii). Puspan. L. 117–333, § 10(span)(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.

Subsec. (span)(2)(B). Puspan. L. 117–333, § 10(span)(5), added subpar. (B). Former subpar. (B) redesignated (A)(ii).

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

2021—Subsec. (span)(9) to (11). Puspan. L. 116–315, § 1002(a), added pars. (9) and (10) and redesignated former par. (9) as (11).

Subsec. (f). Puspan. L. 116–315, § 1002(span)(1), substituted “paragraphs (8), (9), and (10)” for “paragraph (8)” wherever appearing.

2018—Subsec. (d)(2). Puspan. L. 115–232 substituted “section 7448, 8459, or 9448 of title 10” for “section 4348, 6959, or 9348 of title 10”.

2017—Subsec. (span)(6)(A). Puspan. L. 115–48, § 105(a)(1), substituted “6 months” for “12 months”.

Subsec. (span)(7) to (9). Puspan. 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).”

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

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

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

2016—Subsec. (f)(3). Puspan. L. 114–315, § 401(span)(1), substituted “Except as provided in paragraph (4), a surviving spouse” for “A surviving spouse”.

Subsec. (f)(4). Puspan. L. 114–315, § 401(span)(3), added par. (4). Former par. (4) redesignated (5).

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

2014—Subsec. (span)(9). Puspan. L. 113–146, § 701(a), inserted “or spouse” after “child”.

Subsec. (f)(2) to (4). Puspan. L. 113–146, § 701(span), added pars. (2) and (3) and redesignated former par. (2) as (4).

2011—Subsec. (c)(4). Puspan. L. 111–377, § 101(span), 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.

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

2009—Subsec. (span)(9). Puspan. L. 111–32, § 1002(a)(1), added par. (9).

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

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Puspan. 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 Puspan. 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.”

Effective Date of 2018 Amendment

Amendment by Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

Effective Date of 2017 Amendment

Puspan. L. 115–48, title I, § 102(c), Aug. 16, 2017, 131 Stat. 975, provided that: “The amendments made by this section [amending this section and section 3313 of this title] shall take effect on August 1, 2018.”

Puspan. L. 115–48, title I, § 105(d), Aug. 16, 2017, 131 Stat. 977, provided that: “The amendments made by this section [amending this section and sections 3313, 3316, 3317, 3321, 3322, and 3679 of this title] shall take effect on August 1, 2020.”

Effective Date of 2014 Amendment

Puspan. L. 113–146, title VII, § 701(d), Aug. 7, 2014, 128 Stat. 1796, as amended by Puspan. L. 114–315, title IV, § 401(a), Dec. 16, 2016, 130 Stat. 1553, provided that:

“(1)In general.—The amendments made by this section [amending this section and section 3321 of this title] shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after January 1, 2015.

“(2)Deaths that occurred between september 11, 2001, and december 31, 2005.—For purposes of section 3311(f)(2) of title 38, United States Code, any member of the Armed Forces who died during the period beginning on September 11, 2001, and ending on December 31, 2005, is deemed to have died on January 1, 2006.”

Effective Date of 2011 Amendment

Puspan. L. 111–377, title I, § 101(d)(4), (5), Jan. 4, 2011, 124 Stat. 4108, provided that:

“(4)Honorable service requirement.—The amendment made by subsection (span) [amending this section] shall take effect on the date of the enactment of this Act [Jan. 4, 2011], and shall apply with respect to discharges and releases from the Armed Forces that occur on or after that date.

“(5)Service in connection with attendance at coast guard academy.—The amendment made by subsection (c) [amending this section] shall take effect on the date of the enactment of this Act, and shall apply with respect to individuals entering into agreements on service in the Coast Guard on or after that date.”

Effective Date of 2009 Amendment

Puspan. L. 111–32, title X, § 1002(d), June 24, 2009, 123 Stat. 1890, provided that:

“(1)Effective date.—The amendments made by this section [amending this section and sections 3313 and 3321 of this title] shall take effect on August 1, 2009.

“(2)Applicability.—The Secretary of Veterans Affairs shall begin making payments to individuals entitled to educational assistance by reason of paragraph (9) of section 3311(span) [now 38 U.S.C. 3311(span)(8)] of title 38, United States Code, as added by subsection (a), by not later than August 1, 2010. In the case of an individual entitled to educational assistance by reason of such paragraph for the period beginning on August 1, 2009, and ending on July 31, 2010, the Secretary shall make retroactive payments to such individual for such period by not later than August 1, 2010.”

Effective Date

Section effective Aug. 1, 2009, see section 5003(d) of Puspan. L. 110–252, set out as an Effective Date of 2008 Amendment note under section 16163 of Title 10, Armed Forces.

Construction of Covered Individuals

Puspan. L. 115–48, title I, § 106(c), Aug. 16, 2017, 131 Stat. 977, provided that: “Section 3311(span)(6) of title 38, United States Code, shall be construed to include an individual who, before November 25, 2015, established eligibility for educational assistance under chapter 1607 of title 10, United States Code, pursuant to section 16163(span) of such title, but lost such eligibility pursuant to section 16167(span) of such title.”