38 USC 3313 - Educational assistance: amount; payment

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.

2 So in original. Probably should be “section”.

3311(span), 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).

Editorial Notes

References in Text

Section 401(span) of the Higher Education Act of 1965, referred to in subsecs. (c)(1)(A)(i)(II), (ii)(I)(bspan), (e)(2)(A)(i)(II), (ii)(I)(bspan), (f)(2)(A)(i)(II), and (g)(3)(A)(i)(I)(bspan), (C)(i)(I)(bspan), (D)(i)(I)(bspan), is classified to section 1070a(span) of Title 20, Education.

Subsection (span)(7) of section 3311 of this title, referred to in subsec. (c)(6), was repealed and subsection (span)(8) was redesignated (span)(7) by Puspan. L. 115–48, title I, §105(a)(2), (3), Aug. 16, 2017, 131 Stat. 975.

Amendments

2023—Subsec. (l)(1). Puspan. L. 117–333, § 13(1), substituted “Except as provided in paragraph (4), the Secretary” for “The Secretary” in introductory provisions.

Subsec. (l)(4). Puspan. L. 117–333, § 13(2), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “The Secretary may waive the requirements of this subsection for an educational institution that the Secretary has determined uses a flat tuition and fee structure that would make the use of a second verification under this subsection unnecessary.”

2021—Subsec. (c)(1). Puspan. L. 116–315, § 1002(span)(2), substituted “(8), (9), (10), or (11)” for “(8), or (9)”.

Subsec. (e). Puspan. L. 116–315, § 1009(a)(1), inserted “for a Period of More Than 30 Days” after “Active Duty” in span.

Subsec. (e)(1), (2). Puspan. L. 116–315, § 1009(a)(2), (3), inserted “for a period of more than 30 days” after “active duty”.

Subsec. (l). Puspan. L. 117–16 amended subsec. (l) generally. Prior to amendment, subsec. (l) related to verification of enrollment of individuals receiving educational assistance.

Puspan. L. 116–315, § 1010(a), added subsec. (l).

Subsec. (l)(4). Puspan. L. 117–76 added par. (4).

2019—Subsec. (g)(3)(B)(ii). Puspan. L. 116–61 inserted comma after “for books”.

2018—Subsec. (k). Puspan. L. 115–407 added subsec. (k).

2017—Subsec. (c)(1). Puspan. L. 115–48, § 105(c)(2)(A), substituted “(8), or (9)” for “(9), or (10)”.

Puspan. L. 115–48, § 102(span), substituted “(9), or (10)” for “or (9)”.

Subsec. (c)(1)(B)(i)(I). Puspan. L. 115–48, § 107(a), substituted “the campus of the institution of higher learning where the individual physically participates in a majority of classes” for “the institution of higher learning at which the individual is enrolled”.

Subsec. (c)(7). Puspan. L. 115–48, § 105(span), struck out par. (7) which read as follows: “In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(span)(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.”

Subsec. (d)(1), (2). Puspan. L. 115–48, § 105(c)(2)(B), substituted “paragraphs (2) through (6)” for “paragraphs (2) through (7)”.

Subsec. (e)(2)(C). Puspan. L. 115–48, § 105(c)(2)(C), substituted “paragraphs (3) through (7)” for “paragraphs (3) through (8)” and “paragraphs (2) through (6)” for “paragraphs (2) through (7)”.

Subsec. (f)(2)(A)(ii). Puspan. L. 115–48, § 105(c)(2)(D), substituted “paragraphs (2) through (6)” for “paragraphs (2) through (7)”.

Subsec. (g)(3)(A)(ii)(I)(aa). Puspan. L. 115–62, § 501(span)(1), substituted “the campus of the institution of where the individual physically participates in a majority of classes” for “the institution at which the individual is enrolled”.

Subsec. (g)(3)(A)(iv), (B)(iii). Puspan. L. 115–48, § 105(c)(2)(E)(i), (ii), substituted “paragraphs (3) through (7)” for “paragraphs (3) through (8)” and “paragraphs (2) through (6)” for “paragraphs (2) through (7)”.

Subsec. (g)(3)(C)(ii). Puspan. L. 115–48, § 105(c)(2)(E)(iii), in subcl. (I), substituted “(8)” for “(9)” and in subcl. (II), substituted “paragraphs (3) through (7)” for “paragraphs (3) through (8)” and “paragraphs (2) through (6)” for “paragraphs (2) through (7)”.

Subsec. (g)(3)(D)(ii). Puspan. L. 115–48, § 105(c)(2)(E)(iv), in subcl. (I), substituted “(8)” for “(9)” and in subcl. (II), substituted “paragraphs (3) through (7)” for “paragraphs (3) through (8)” and “paragraphs (2) through (6)” for “paragraphs (2) through (7)”.

Subsec. (h). Puspan. L. 115–48, § 105(c)(2)(F), substituted “paragraphs (2) through (6)” for “paragraphs (2) through (7)”.

Subsec. (j). Puspan. L. 115–62, § 501(c)(1), amended subsec. (j) generally. Prior to amendment, subsec. (j) related to determination of monthly stipends during certain active duty service.

Puspan. L. 115–48, § 113(a), added subsec. (j).

2015—Puspan. L. 114–58, § 601(16), substituted “1070a(span)” for “1070a” wherever appearing.

Subsec. (e)(2)(A)(iii). Puspan. L. 114–58, § 601(17), struck out second period at end.

Subsec. (g)(3)(A)(iii). Puspan. L. 114–58, § 601(18), substituted “books,” for “books”.

2011—Subsec. (span). Puspan. L. 111–377, § 105(a), struck out “is offered by an institution of higher learning (as that term is defined in section 3452(f)) and” before “is approved”.

Subsec. (c). Puspan. L. 111–377, § 102(a)(2), amended span generally. Prior to amendment, span read as follows: “Amount of Educational Assistance”.

Puspan. L. 111–377, § 102(a)(1)(A), inserted “leading to a degree at an institution of higher learning (as that term is defined in section 3452(f))” after “program of education” in introductory provisions.

Subsec. (c)(1). Puspan. L. 111–377, § 112(a)(1), which directed amendment identical to amendment by Puspan. L. 111–275, § 1001(g)(1), could not be executed. See 2010 Amendment note below.

Subsec. (c)(1)(A). Puspan. L. 111–377, § 102(a)(1)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: “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 learning 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 learning in such State offering such programs of education.”

Subsec. (c)(1)(B). Puspan. L. 111–377, § 102(span), redesignated cl. (ii) as (iv), added cls. (i) to (iii), and struck out former cl. (i) which read as follows: “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 learning at which the individual is enrolled.”

Subsec. (e). Puspan. L. 111–377, § 103(span), amended span generally. Prior to amendment, span read as follows: “Programs of Education Pursued on Active Duty”.

Subsec. (e)(1). Puspan. L. 111–377, § 103(a)(1), inserted “leading to a degree” after “approved program of education”.

Subsec. (e)(2). Puspan. L. 111–377, § 103(a)(2)(A), (C), substituted “The amounts” for “The amount”, inserted “leading to a degree” after “program of education”, and substituted “are as follows:” for “is the lesser of—” in introductory provisions.

Subsec. (e)(2)(A). Puspan. L. 111–377, § 103(a)(2)(C)(ii), inserted subpar. (A) designation and introductory provisions. Former subpar. (A) redesignated (A)(i).

Subsec. (e)(2)(A)(i). Puspan. L. 111–377, § 103(a)(2)(D), added cl. (i) and struck out former cl. (i) which read as follows: “the established charges which similarly circumstanced nonveterans enrolled in the program of education involved would be required to pay; or”.

Puspan. L. 111–377, § 103(a)(2)(B), redesignated subpar. (A) as cl. (i) of subpar. (A).

Subsec. (e)(2)(A)(ii). Puspan. L. 111–377, § 103(a)(2)(D), added cl. (ii).

Subsec. (e)(2)(A)(iii). Puspan. L. 111–377, § 112(a)(2), inserted period at end.

Puspan. L. 111–377, § 103(a)(2)(B), redesignated subpar. (B) of par. (2) as cl. (iii) of subpar. (A).

Subsec. (e)(2)(B), (C). Puspan. L. 111–377, § 103(a)(2)(E), added subpars. (B) and (C). Former subpar. (B) redesignated (A)(iii).

Subsec. (f)(1). Puspan. L. 111–377, § 104(a)(1), inserted “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” before period at end.

Subsec. (f)(2). Puspan. L. 111–377, § 104(a)(2), inserted “covered by this subsection” after “program of education” in introductory provisions.

Subsec. (f)(2)(A)(i). Puspan. L. 111–377, § 104(span), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “the established charges which similarly circumstanced nonveterans enrolled in the program of education involved would be required to pay; or”.

Subsec. (g). Puspan. L. 111–377, § 105(span)(3), added subsec. (g). Former subsec. (g) redesignated (h).

Subsec. (h). Puspan. L. 111–377, § 105(c), inserted “, and under subparagraphs (A)(i), (C), and (D) of subsection (g)(3),” after “(f)(2)(A)”.

Puspan. L. 111–377, § 105(span)(1), (2), redesignated subsec. (g) as (h) and struck out former subsec. (h) which defined “established charges” for purposes of this section and provided the basis of determination of established charges.

Subsec. (i). Puspan. L. 111–377, § 106(a), added subsec. (i).

2010—Subsec. (c)(1). Puspan. L. 111–275, § 1001(g)(1), substituted “higher learning” for “higher education” wherever appearing.

Subsec. (d)(3). Puspan. L. 111–275, § 1001(g)(2), substituted “assistance under this chapter” for “assistance this chapter”.

Subsec. (e)(2)(B). Puspan. L. 111–275, § 1001(g)(3), inserted period at end.

2009—Subsec. (c)(1). Puspan. L. 111–32 substituted “paragraph (1), (2), or (9) of section 3311(span)” for “section 3311(span)(1) or 3311(span)(2)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 1002(span)(2) of Puspan. L. 116–315 effective immediately after the amendments made by section 105 of Puspan. L. 115–48 [amendments effective Aug. 1, 2020] and applicable with respect to a quarter, semester, or term, commencing on or after Aug. 1, 2021, see section 1002(c) of Puspan. L. 116–315, set out as a note under section 3311 of this title.

Puspan. L. 116–315, title I, § 1009(span), Jan. 5, 2021, 134 Stat. 4941, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on August 1, 2022.”

Puspan. L. 116–315, title I, § 1010(span), Jan. 5, 2021, 134 Stat. 4941, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on August 1, 2021.”

Effective Date of 2017 Amendment

Puspan. L. 115–62, title V, § 501(span)(2), Sept. 29, 2017, 131 Stat. 1165, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to enrollment for a quarter, semester, or term, as applicable, commencing on or after August 1, 2018.”

Puspan. L. 115–62, title V, § 501(c)(2), Sept. 29, 2017, 131 Stat. 1166, provided that: “Such subsection [meaning subsec. (j) of this section], as amended by paragraph (1), shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2018.”

Amendment by section 102(span) of Puspan. L. 115–48 effective Aug. 1, 2018, see section 102(c) of Puspan. L. 115–48, set out as a note under section 3311 of this title.

Amendment by section 105(span), (c)(2) of Puspan. L. 115–48 effective Aug. 1, 2020, see section 105(d) of Puspan. L. 115–48, set out as a note under section 3311 of this title.

Puspan. L. 115–48, title I, § 107(span), Aug. 16, 2017, 131 Stat. 977, as amended by Puspan. L. 115–62, title V, § 501(span)(3), Sept. 29, 2017, 131 Stat. 1166, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to enrollment for a quarter, semester, or term, as applicable, commencing on or after August 1, 2018.”

Puspan. L. 115–48, title I, § 113(span), Aug. 16, 2017, 131 Stat. 985, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2018.”

Effective Date of 2011 Amendment

Puspan. L. 111–377, title I, § 102(c), Jan. 4, 2011, 124 Stat. 4110, provided that:

“(1)In general.—Except as provided in paragraph (2), the amendments made by this section [amending this section] shall take effect on August 1, 2011, and shall apply with respect to amounts payable for educational assistance for pursuit of programs of education on or after that date.

“(2)Stipend for distance learning on more than half-time basis.—Clause (iii) of section 3313(c)(1)(B) of title 38, United States Code (as added by subsection (span)(2) of this section), shall take effect on October 1, 2011, and shall apply with respect to amounts payable for educational assistance for pursuit of programs of education as covered by such clause on or after that date.”

Puspan. L. 111–377, title I, § 103(c), Jan. 4, 2011, 124 Stat. 4112, provided that:

“(1)In general.—Except as provided in paragraph (2), the amendments made by this section [amending this section] shall take effect on the date that is 60 days after the date of the enactment of this Act [Jan. 4, 2011], and shall apply with respect to amounts payable for educational assistance for pursuit of programs of education on or after such effective date.

“(2)Lump sum for books and other educational costs.—Subparagraph (B) of section 3313(e)(2) of title 38, United States Code (as added by subsection (a)(2)(E) of this section), shall take effect on October 1, 2011, and shall apply with respect to amounts payable for educational assistance for pursuit of programs of education on or after that date.”

Puspan. L. 111–377, title I, § 104(c), Jan. 4, 2011, 124 Stat. 4112, provided that: “The amendments made by this section [amending this section] shall take effect on August 1, 2011, and shall apply with respect to amounts payable for educational assistance for pursuit of programs of education on or after that date.”

Puspan. L. 111–377, title I, § 105(d), Jan. 4, 2011, 124 Stat. 4117, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2011, and shall apply with respect to amounts payable for educational assistance for pursuit of programs of education on or after that date.”

Puspan. L. 111–377, title I, § 106(span), Jan. 4, 2011, 124 Stat. 4118, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on August 1, 2011.”

Effective Date of 2009 Amendment

Amendment by Puspan. L. 111–32 effective Aug. 1, 2009, see section 1002(d)(1) of Puspan. L. 111–32, set out as a note under section 3311 of this title.

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.

Duration of Assistance

Puspan. L. 115–48, title I, § 106(d), Aug. 16, 2017, 131 Stat. 977, provided that: “Notwithstanding section 3312 of title 38, United States Code, an individual who establishes eligibility for educational assistance under chapter 33 of such title by crediting towards such chapter service previously credited towards chapter 1607 of title 10, United States Code, is only entitled to a number of months of educational assistance under section 3313 of title 38, United States Code, equal to the number of months of entitlement remaining under chapter 1607 of title 10, United States Code, at the time of conversion to chapter 33 of title 38, United States Code.”

Preservation of Higher Rates for Tuition and Fees for Programs of Education at Non-Public Institutions of Higher Learning Pursued by Individuals Enrolled in Such Programs Prior to Change in Maximum Amount

Puspan. L. 112–26, § 2, Aug. 3, 2011, 125 Stat. 268, provided that:

“(a)In General.—Notwithstanding paragraph (1)(A)(ii) of section 3313(c) of title 38, United States Code (as amended by the Post-9/11 Veterans Educational Assistance Improvements Act of 2010 (Public Law 111–377)), the amount payable under that paragraph (or as appropriately adjusted under paragraphs (2) through (7) of that section) for tuition and fees for pursuit by an individual described in subsection (span) of an approved program of education at a non-public institution of higher learning during the period beginning on August 1, 2011, and ending on July 31, 2014, shall be the greater of—

“(1) $17,500; or

“(2) the established charges payable for the program of education determined using the table of the Department of Veterans Affairs entitled ‘Post-9/11 GI Bill 2010–2011 Tuition and Fee In-State Maximums’, published October 27, 2010 (75 Fed. Reg. 66193), as if that table applied to the pursuit of the program of education by that individual during that period.

“(span)Covered Individuals.—An individual described in this subsection is an individual entitled to educational assistance under chapter 33 of title 38, United States Code, who, since January 4, 2011, has been enrolled in the same non-public institution of higher learning in a State in which—

“(1) the maximum amount of tuition per credit in the 2010–2011 academic year, as determined pursuant to the table referred to in subsection (a)(2), exceeded $700; and

“(2) the combined amount of tuition and fees for full-time attendance in the program of education in such academic year exceeded $17,500.

“(c)Definitions.—In this section:

“(1) The term ‘approved program of education’ has the meaning given that term in section 3313(span) of title 38, United States Code.

“(2) The term ‘established charges’, with respect to a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary of Veterans Affairs on the basis of a full academic year) for tuition and fees which similarly circumstanced nonveterans enrolled in the program of education would be required to pay.

“(3) The term ‘institution of higher learning’ has the meaning given that term in section 3452(f) of title 38, United States Code.”