CHAPTER 33 - POST–9/11 EDUCATIONAL ASSISTANCE

Title 38 > CHAPTER 33

Sections (20)

§ 3301 Definitions

In this chapter: The term “active duty” has the meanings as follows (subject to the limitations specified in sections 3002(6) and 3311(b)): In the case of members of the regular components of the Armed Forces, the meaning given such term in section 101(21)(A). In the case of members of the reserve components of the Armed Forces, service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304, 12304a, or 12304b of title 10 or section 712 1 of title 14. In the case of a member of the Army National Guard of the United States or Air National Guard of the United States, in addition to service described in subparagraph (B), full-time service— in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or in the National Guard under section 502(f) of title 32 when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds. The term “emergency situation” has the meaning given such term in section 3601 of this title . The term “entry level and skill training” means the following: In the case of members of the Army, Basic Combat Training and Advanced Individual Training or One Station Unit Training. In the case of members of the Navy, Recruit Training (or Boot Camp) and Skill Training (or so-called “A” School). In the case of members of the Air Force or the Space Force, Basic Military Training and Technical Training. In the case of members of the Marine Corps, Recruit Training and Marine Corps Training (or School of Infantry Training). In the case of members of the Coast Guard, Basic Training and Skill Training (or so-called “A” School). The term “program of education” has the meaning given such term in section 3002, except to the extent otherwise provided in section 3313. The term “Secretary of Defense” means the Secretary of Defense, except that the term means the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy. (Added Pub. L. 110–252, title V, § 5003(a)(1) , June 30, 2008 , 122 Stat. 2359 ; amended Pub. L. 111–377, title I, § 101(a) , Jan. 4, 2011 , 124 Stat. 4107 ; Pub. L. 112–239, div. A, title VI, § 681(c) , Jan. 2, 2013 , 126 Stat. 1795 ; Pub. L. 115–48, title I, § 101(a) , title IV, § 401(a), Aug. 16, 2017 , 131 Stat. 974 , 995; Pub. L. 116–283, div. A, title IX, § 926(g) , Jan. 1, 2021 , 134 Stat. 3831 ; Pub. L. 117–333, § 3(e)(1) , Jan. 5, 2023 , 136 Stat. 6127 .)

§ 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: An individual who— 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 after completion of service described in subparagraph (A)— continues on active duty; or is discharged or released from active duty as described in subsection (c). An individual— who— commencing on or after September 11, 2001 , serves at least 30 continuous days on active duty in the Armed Forces; and 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 who— commencing on or after September 11, 2001 , completes at least 30 continuous days of service described in subsection (d)(1) or (2); and 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 ). An individual who— 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 after completion of service described in subparagraph (A)— continues on active duty for an aggregate of less than 36 months; or 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). An individual who— 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 after completion of service described in subparagraph (A)— continues on active duty for an aggregate of less than 30 months; or 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). An individual who— 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 after completion of service described in subparagraph (A)— continues on active duty for an aggregate of less than 24 months; or 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). An individual who— 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 after completion of service described in subparagraph (A)— continues on active duty for an aggregate of less than 18 months; or 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). An individual who— 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 after completion of service described in subparagraph (A)— continues on active duty for an aggregate of less than 6 months; or 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). 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. 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. 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. 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: A discharge from active duty in the Armed Forces with an honorable discharge. 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. 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. 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 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; hardship; or 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: A period of service on active duty of an officer pursuant to an agreement under section 2107(b) of title 10 . 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 of title 14. A period of service that is terminated because of a defective enlistment and induction based on— the individual’s being a minor for purposes of service in the Armed Forces; an erroneous enlistment or induction; or 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.— 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”. Except as provided in paragraph (3), 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. An election made under paragraph (2) 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. A spouse described in this subparagraph is an individual— who is entitled to assistance under subsection (a) pursuant to paragraphs (8), (9), and (10) of subsection (b); and 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 . 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.

§ 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.— Any payment of educational assistance described in paragraph (2) shall not— be charged against any entitlement to educational assistance of the individual concerned under this chapter; or be counted against the aggregate period for which section 3695 limits the individual’s receipt of educational assistance under this chapter. 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— 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 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 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. The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the portion of the period of enrollment in the course or courses from which the individual failed to receive credit or with respect to which the individual lost training time, as determined under paragraph (2)(B).

§ 3313 Educational assistance: amount; payment

(a) Payment.— The Secretary shall pay to each individual entitled to educational assistance under this chapter who is pursuing an approved program of education (other than a program covered by subsections (e) and (f)) the amounts specified in subsection (c) to meet the expenses of such individual’s subsistence, tuition, fees, and other educational costs for pursuit of such program of education.

(b) Approved Programs of Education.— A program of education is an approved program of education for purposes of this chapter if the program of education is 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: 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: An amount equal to the following: 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— any waiver of, or reduction in, tuition and fees; and 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. In the case of a program of education pursued at a non-public or foreign institution of higher learning, the lesser of— the actual net cost for tuition and fees assessed by the institution for the program of education after the application of— any waiver of, or reduction in, tuition and fees; and 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 the amount equal to— for the academic year beginning on August 1, 2011 , $17,500;orforanacademicyearbeginningonanysubsequentAugust1,theamountforthepreviousacademicyearbeginningonAugust1underthissubclause,asincreasedbythepercentageincreaseequaltothemostrecentpercentageincreasedeterminedundersection3015(h).Amonthlystipendinanamountasfollows:Exceptasprovidedinclauses(ii)and(iii),foreachmonthanindividualpursuesaprogramofeducationonmorethanahalf-timebasis,amonthlyhousingstipendequaltotheproductof—themonthlyamountofthebasicallowanceforhousingpayableundersection403oftitle37foramemberwithdependentsinpaygradeE–5residinginthemilitaryhousingareathatencompassesallorthemajorityportionoftheZIPcodeareainwhichislocatedthecampusoftheinstitutionofhigherlearningwheretheindividualphysicallyparticipatesinamajorityofclasses,multipliedbythelesserof—1.0;orthenumberofcoursehoursbornebytheindividualinpursuitoftheprogramofeducation,dividedbytheminimumnumberofcoursehoursrequiredforfull-timepursuitoftheprogramofeducation,roundedtothenearestmultipleof10.Inthecaseofanindividualpursuingaprogramofeducationataforeigninstitutionofhigherlearningonmorethanahalf-timebasis,foreachmonththeindividualpursuestheprogramofeducation,amonthlyhousingstipendequaltotheproductof—thenationalaverageofthemonthlyamountofthebasicallowanceforhousingpayableundersection403oftitle37foramemberwithdependentsinpaygradeE–5,multipliedbythelesserof—1.0;orthenumberofcoursehoursbornebytheindividualinpursuitoftheprogramofeducation,dividedbytheminimumnumberofcoursehoursrequiredforfull-timepursuitoftheprogramofeducation,roundedtothenearestmultipleof10.Inthecaseofanindividualpursuingaprogramofeducationsolelythroughdistancelearningonmorethanahalf-timebasis,amonthlyhousingstipendequalto50percentoftheamountpayableunderclause(ii)iftheindividualwereotherwiseentitledtoamonthlyhousingstipendunderthatclauseforpursuitoftheprogramofeducation.Forthefirstmonthofeachquarter,semester,orterm,asapplicable,oftheprogramofeducationpursuedbytheindividual,alumpsumamountforbooks,supplies,equipment,andothereducationalcostswithrespecttosuchquarter,semester,ortermintheamountequalto—$1,000, multiplied by the fraction which is the portion of a complete academic year under the program of education that such quarter, semester, or term constitutes. 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. 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. 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. 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. In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(7), 1 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.— 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. 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. 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.— 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. 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: Subject to subparagraph (C), an amount equal to the lesser of— 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— any waiver of, or reduction in, tuition and fees; and 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; in the case of a program of education pursued at a non-public or foreign institution of higher learning, the lesser of— the actual net cost for tuition and fees assessed by the institution for the program of education after the application of— any waiver of, or reduction in, tuition and fees; and 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 the amount equal to— for the academic year beginning on August 1, 2011 , $17,500;orforanacademicyearbeginningonanysubsequentAugust1,theamountforthepreviousacademicyearbeginningonAugust1underthissubclause,asincreasedbythepercentageincreaseequaltothemostrecentpercentageincreasedeterminedundersection3015(h);ortheamountofthechargesoftheeducationalinstitutionaselectedbytheindividualinthemannerspecifiedinsection3014(b)(1).Subjecttosubparagraph(C),forthefirstmonthofeachquarter,semester,orterm,asapplicable,oftheprogramofeducationpursuedbytheindividual,alumpsumamountforbooks,supplies,equipment,andothereducationalcostswithrespecttosuchquarter,semester,ortermintheamountequalto—$1,000, multiplied by the fraction of a complete academic year under the program of education that such quarter, semester, or term constitutes. 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). 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. 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.— 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. 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: The amount equal to the lesser of— 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— any waiver of, or reduction in, tuition and fees; and 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 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. 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). 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. 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— the number of course hours borne by the individual in pursuit of the program of education involved, divided by 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.— 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)). 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). 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: 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: Subject to clause (iv), an amount equal to the lesser of— the actual net cost for in-State tuition and fees assessed by the institution concerned for the program of education after the application of— any waiver of, or reduction in, tuition and fees; and 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 the amount equal to— for the academic year beginning on August 1, 2011 , $17,500;orforanacademicyearbeginningonanysubsequentAugust1,theamountforthepreviousacademicyearbeginningonAugust1underthissubclause,asincreasedbythepercentageincreaseequaltothemostrecentpercentageincreasedeterminedundersection3015(h).Exceptinthecaseofanindividualpursuingaprogramofeducationonahalf-timeorlessbasisandsubjecttoclause(iv),amonthlyhousingstipendequaltotheproduct—of—inthecaseofanindividualpursuingresidenttraining,themonthlyamountofthebasicallowanceforhousingpayableundersection403oftitle37foramemberwithdependentsinpaygradeE–5residinginthemilitaryhousingareathatencompassesallorthemajorityportionoftheZIPcodeareainwhichislocatedthecampusoftheinstitutionofwheretheindividualphysicallyparticipatesinamajorityofclasses;orinthecaseofanindividualpursuingaprogramofeducationthroughdistancelearning,amonthlyamountequalto50percentoftheamountpayableunderitem(aa),multipliedbythelesserof—1.0;orthenumberofcoursehoursbornebytheindividualinpursuitoftheprogramofeducationinvolved,dividedbytheminimumnumberofcoursehoursrequiredforfull-timepursuitofsuchprogramofeducation,roundedtothenearestmultipleof10.Subjecttoclause(iv),amonthlystipendinanamountequalto$83 for each month (or pro rata amount for a partial month) of training pursued for books, supplies, equipment, and other educational costs. 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). In the case of an individual pursuing a full-time program of apprenticeship or other on-job training, amounts as follows: Subject to clauses (iii) and (iv), for each month the individual pursues the program of education, a monthly housing stipend equal to— 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; 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); 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); 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 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). Subject to clauses (iii) and (iv), a monthly stipend in an amount equal to $83foreachmonth(orprorataamountforeachpartialmonth)oftrainingpursuedforbooks,supplies,equipment,andothereducationalcosts.Inthecaseofanindividualentitledtoeducationalassistancebyreasonofparagraphs(3)through(7)ofsections23311(b),theamountspayablepursuanttoclauses(i)and(ii)shallbetheamountsotherwisedeterminedpursuanttosuchclausesmultipliedbythesamepercentageapplicabletothemonthlyamountspayabletotheindividualunderparagraphs(2)through(6)ofsubsection(c).Inanymonthinwhichanindividualpursuingaprogramofeducationconsistingofaprogramofapprenticeshiporotheron-jobtrainingfailstocomplete120hoursoftraining,theamountofmonthlyeducationalassistanceallowancepayableunderclauses(i)and(iii)totheindividualshallbelimitedtothesameproportionoftheapplicableratedeterminedunderthissubparagraphasthenumberofhoursworkedduringsuchmonth,roundedtothenearesteighthours,bearsto120hours.Inthecaseofanindividualenrolledinaprogramofeducationconsistingofflighttraining(regardlessoftheinstitutionprovidingsuchprogramofeducation),anamountequalto—thelesserof—theactualnetcostforin-Statetuitionandfeesassessedbytheinstitutionconcernedfortheprogramofeducationaftertheapplicationof—anywaiverof,orreductionin,tuitionandfees;andanyscholarship,orotherFederal,State,institutional,oremployer-basedaidorassistance(otherthanloansandanyfundsprovidedundersection401(b)oftheHigherEducationActof1965)thatisprovideddirectlytotheinstitutionandspecificallydesignatedforthesolepurposeofdefrayingtuitionandfees;ortheamountequalto—fortheacademicyearbeginningonAugust1,2011,$10,000; or 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— either— 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 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). 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— the lesser of— the actual net cost for tuition and fees assessed by the institution concerned for the program of education after the application of— any waiver of, or reduction in, tuition and fees; and 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. the amount equal to— for the academic year beginning on August 1, 2011 , $8,500; or 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— either— 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 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). 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. 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. 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. 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. 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. 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— the amount so paid, divided by 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). 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.— 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. 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.— Except as provided in paragraph (4), the Secretary shall require— 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— not later than such time as the Secretary determines reasonable after the date on which the individual is enrolled; and 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 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. Verification under this subsection shall be in an electronic form prescribed by the Secretary. 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. An educational institution is not required to submit verification of an individual under paragraph (1)(A) if— 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; 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 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.

§ 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.— The provision of benefits under subsection (a) shall be subject to the conditions applicable to an eligible veteran under section 3492. 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— such benefits are essential to correct a deficiency of the individual in such course; and 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.— The amount of benefits described in subsection (a) that are payable under this section may not exceed $100permonth,foramaximumof12months,oruntilamaximumof$1,200 is utilized. The amount provided an individual under this subsection is in addition to the amounts of educational assistance paid the individual under section 3313.

(d) No Charge Against Entitlement.— Any benefits provided an individual under subsection (a) are in addition to any other educational assistance benefits provided the individual under this chapter.

§ 3315 Licensure and certification tests

(a) In General.— An individual entitled to educational assistance under this chapter shall also be entitled to payment for 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— $2,000; the fee charged for the test; or 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— for the academic year beginning on August 1, 2011 , $1,460; or 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).

§ 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: A national test for admission to an institution of higher learning as described in the last sentence of section 3452(b). A national test providing an opportunity for course credit at an institution of higher learning as so described. 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.— The amount of educational assistance payable under this chapter for a test described in subsection (a) is the lesser of— the fee charged for the test; or 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— for the academic year beginning on August 1, 2011 , $1,460; or 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).

§ 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— the fee charged for the covered preparatory course; or 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— for the academic year beginning on August 1, 2020 , $2,042; or 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— 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 that has been approved by the State approving agency concerned.

§ 3316 Supplemental educational assistance: members with critical skills or specialty; members serving additional service

(a) Increased Assistance for Members With Critical Skills or Specialty.— 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). 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.— 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). 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. 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.— 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. The monthly rate of increased educational assistance payable to an individual under paragraph (1) shall be— 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 the lesser of— 1.0; or 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. 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.

§ 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: The manner (whether by direct grant, scholarship, or otherwise) of the contributions to be made by the college or university concerned. 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. The maximum number of individuals for whom the college or university concerned will make contributions in any given academic year. Such other matters as the Secretary and the college or university concerned jointly consider appropriate.

(d) Matching Contributions.— 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. 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).

§ 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— 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 who— 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 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: DD Form 214, Certification of Release or Discharge from Active Duty. The most recent Federal income tax return. Such other evidence as the Secretary shall prescribe for purposes of this section.

(d) Single Payment of Assistance.— An individual is entitled to only one payment of additional assistance under this section.

(e) No Charge Against Entitlement.— Any amount paid an individual under this section is in addition to any other educational assistance benefits provided the individual under this chapter.

§ 3319 Authority to transfer unused education benefits to family members

(a) In General.— Subject to the provisions of this section, the Secretary 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). 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— 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 the years of service as determined in regulations pursuant to subsection (j).

(c) Eligible Dependents.— 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. 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— designate the dependent or dependents to whom such entitlement is being transferred; and designate the number of months of such entitlement to be transferred to each such dependent.

(f) Time for Transfer; Revocation and Modification.— 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. 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. 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. 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— in the case of entitlement transferred to a spouse, the completion by the individual making the transfer of at least— six years of service in the Armed Forces; or the years of service as determined in regulations pursuant to subsection (j); or in the case of entitlement transferred to a child, both— the completion by the individual making the transfer of at least— ten years of service in the Armed Forces; or the years of service as determined in regulations pursuant to subsection (j); and either— the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or the attainment by the child of 18 years of age.

(h) Additional Administrative Matters.— 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. Except as provided under subsection (e)(2) and subject to paragraphs (5) and (6)— 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 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. 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— 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 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. 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. 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). 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. 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. 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). 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). The date specified in this clause for the beginning of the use of benefits by a child under clause (i) is the later of— 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); 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 the date on which the child attains the age of 26 years. 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— 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 ends on the later of— 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 the date on which it is reasonably feasible, as so determined, for the child to initiate or resume the use of benefits. 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. 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). 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.— Subject to paragraph (2), 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 of this title . 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 for which the individual shall be solely liable to the United States for the amount of the overpayment for purposes of section 3685 of this title . Neither the individual nor the dependent shall be liable to the United States for the amount of the overpayment for purposes of section 3685 of this title in the case of an individual who fails to complete service agreed to by the individual— by reason of the death of the individual; or for a reason referred to in section 3311(c)(4) of this title .

(j) Regulations.— The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall prescribe regulations for purposes of this section. Such regulations shall specify— the manner of authorizing the transfer of entitlements under this section; the eligibility criteria in accordance with subsection (b); and the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2). 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.

§ 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— who is or was entitled to educational assistance under section 3311 of this title ; 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; who applies for assistance under this section; and who— is an individual who— 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— biological or biomedical science; physical science; science technologies or technicians; computer and information science and support services; mathematics or statistics; engineering; engineering technologies or an engineering-related field; a health profession or related program; an agriculture science program or a natural resources science program; or other subjects and fields identified by the Secretary as meeting national needs; has completed at least 60 standard semester (or 90 quarter) credit hours in a field referred to in clause (i); or 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 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.— 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: Individuals who require the most credit hours described in subsection (b)(4). 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 . The Secretary shall give priority to individuals under paragraph (1) in the following order: 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). Individuals who are enrolled in a program of education leading to a teaching certificate. 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). Individuals who have earned an undergraduate degree and are enrolled in a covered clinical training program for health care professionals. Individuals who have earned a graduate degree and are enrolled in a covered clinical training program for health care professionals.

(d) Amount of Assistance.— 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. 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 . 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 . 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— $25,000,000forfiscalyear2019;$75,000,000 for each of fiscal years 2020 through 2022; and $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.

§ 3321 Time limitation for use of and eligibility for entitlement

(a) In General.— Except as provided in this section, the period during which an individual entitled to educational assistance under this chapter may use such individual’s entitlement— in the case of an individual whose last discharge or release from active duty is before January 1, 2013 , expires at the end of the 15-year period beginning on the date of such discharge or release; or in the case of an individual whose last discharge or release from active duty is on or after January 1, 2013 , shall not expire.

(b) Exceptions.— Subsections (b), (c), (d), and (i) of section 3031 shall apply with respect to the running of the 15-year period described in subsection (a) of this section in the same manner as such subsections apply under section 3031 with respect to the running of the 10-year period described in section 3031(a). Subsection (i) of section 3031 shall apply with respect to the running of the 15-year period described in paragraphs (4)(A) and (5)(A) of this subsection in the same manner as such subsection applies under section 3031 of this title with respect to the running of the 10-year period described in section 3031(a) of this title . Section 3031(f) shall apply with respect to the termination of an individual’s entitlement to educational assistance under this chapter in the same manner as such section applies to the termination of an individual’s entitlement to educational assistance under chapter 30, except that, in the administration of such section for purposes of this chapter, the reference to section 3013 shall be deemed to be a reference to section 3312 of this title . For purposes of subsection (a), an individual’s last discharge or release from active duty shall not include any discharge or release from a period of active duty of less than 90 days of continuous service, unless the individual is discharged or released as described in section 3311(b)(2). The period during which a child entitled to educational assistance by reason of section 3311(b)(8) of this title may use such child’s entitlement— in the case of a child who first becomes entitled to such entitlement before January 1, 2013 , expires at the end of the 15-year period beginning on the date of such child’s eighteenth birthday; or in the case of a child who first becomes entitled to such entitlement on or after January 1, 2013 , shall not expire. The period during which a spouse entitled to educational assistance by reason of section 3311(b)(9) 1 may use such spouse’s entitlement— in the case of a spouse who first becomes entitled to such entitlement before January 1, 2013 , expires at the end of the 15-year period beginning on the date on which the spouse first becomes entitled to such entitlement; or in the case of a spouse who first becomes entitled to such entitlement on or after January 1, 2013 , shall not expire.

§ 3322 Bar to duplication of educational assistance benefits

(a) In General.— An individual entitled to educational assistance under this chapter who is also eligible for educational assistance under chapter 30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607 or section 510 of title 10 , or the provisions of the Hostage Relief Act of 1980 ( Public Law 96–449 ; 5 U.S.C. 5561 note) may not receive assistance under two or more such programs concurrently, but shall elect (in such form and manner as the Secretary may prescribe) under which chapter or provisions to receive educational assistance.

(b) Inapplicability of Service Treated Under Educational Loan Repayment Programs.— A period of service counted for purposes of repayment of an education loan under chapter 109 of title 10 may not be counted as a period of service for entitlement to educational assistance under this chapter.

(c) Service in Selected Reserve.— An individual who serves in the Selected Reserve may receive credit for such service under only one of this chapter, chapter 30 of this title, and chapters 1606 and 1607 of title 10, and shall elect (in such form and manner as the Secretary may prescribe) under which chapter such service is to be credited.

(d) Additional Coordination Matters.— In the case of an individual entitled to educational assistance under chapter 30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607 of title 10, or the provisions of the Hostage Relief Act of 1980, or making contributions toward entitlement to educational assistance under chapter 30 of this title, as of August 1, 2009 , coordination of entitlement to educational assistance under this chapter, on the one hand, and such chapters or provisions, on the other, shall be governed by the provisions of section 5003(c) of the Post-9/11 Veterans Educational Assistance Act of 2008.

(e) Bar To Concurrent Receipt of Transferred Education Benefits and Marine Gunnery Sergeant John David Fry Scholarship Assistance.— An individual entitled to educational assistance under both section 3319 and paragraph (8), (9), or (10) of section 3311 of this title may not receive assistance under both provisions concurrently, but shall elect (in such form and manner as the Secretary may prescribe) under which provision to receive educational assistance.

(f) Bar To Receipt of Compensation and Pension and Marine Gunnery Sergeant John David Fry Scholarship Assistance.— The commencement of a program of education under paragraph (8), (9), or (10) of section 3311 of this title shall be a bar to the following: Subsequent payments of dependency and indemnity compensation or pension based on the death of a parent to an eligible person over the age of 18 years by reason of pursuing a course in an educational institution. Increased rates, or additional amounts, of compensation, dependency and indemnity compensation, or pension because of such a person, whether eligibility is based upon the death of the parent.

(g) Bar To Concurrent Receipt of Transferred Education Benefits.— A spouse or child who is entitled to educational assistance under this chapter based on a transfer of entitlement from more than one individual under section 3319 may not receive assistance based on transfers from more than one such individual concurrently, but shall elect (in such form and manner as the Secretary may prescribe) under which source to utilize such assistance at any one time.

(h) Bar To Duplication of Eligibility Based on a Single Event or Period of Service.— An individual with qualifying service in the Armed Forces that establishes eligibility on the part of such individual for educational assistance under this chapter, chapter 30 or 32 of this title, and chapter 1606 or 1607 of title 10, shall elect (in such form and manner as the Secretary may prescribe) under which authority such service is to be credited. A child of a member of the Armed Forces who, on or after September 11, 2001 , dies in the line of duty while serving on active duty, who is eligible for educational assistance under either chapter 35 or paragraph (8), (9), or (10) of section 3311 of this title based on the parent’s death may not receive such assistance under both this chapter and chapter 35 of this title, but shall elect (in such form and manner as the Secretary may prescribe) under which chapter to receive such assistance.

§ 3323 Administration

(a) In General.— Except as otherwise provided in this chapter, the provisions specified in sections 3034(a)(1) and 3680(c) shall apply to the provision of educational assistance under this chapter. In applying the provisions referred to in paragraph (1) to an individual entitled to educational assistance under this chapter for purposes of this section, the reference in such provisions to the term “eligible veteran” shall be deemed to refer to an individual entitled to educational assistance under this chapter. In applying section 3474 to an individual entitled to educational assistance under this chapter for purposes of this section, the reference in such section 3474 to the term “educational assistance allowance” shall be deemed to refer to educational assistance payable under section 3313. In applying section 3482(g) to an individual entitled to educational assistance under this chapter for purposes of this section— the first reference to the term “educational assistance allowance” in such section 3482(g) shall be deemed to refer to educational assistance payable under section 3313; and the first sentence of paragraph (1) of such section 3482(g) shall be applied as if such sentence ended with “equipment”.

(b) Information on Benefits.— The Secretary shall provide the information described in paragraph (2) to each member of the Armed Forces at such times as the Secretary and the Secretary of Defense shall jointly prescribe in regulations. The information described in this paragraph is information on benefits, limitations, procedures, eligibility requirements (including time-in-service requirements), and other important aspects of educational assistance under this chapter, including application forms for such assistance under section 5102. The Secretary of Veterans Affairs shall furnish the information and forms described in paragraph (2), and other educational materials on educational assistance under this chapter, to educational institutions, training establishments, military education personnel, and such other persons and entities as the Secretary considers appropriate.

(c) Regulations.— The Secretary shall prescribe regulations for the administration of this chapter. Any regulations prescribed by the Secretary of Defense for purposes of this chapter shall apply uniformly across the Armed Forces.

§ 3324 Allocation of administration and costs

(a) Administration.— Except as otherwise provided in this chapter, the Secretary shall administer the provision of educational assistance under this chapter.

(b) Costs.— Payments for entitlement to educational assistance earned under this chapter shall be made from funds appropriated to, or otherwise made available to, the Department for the payment of readjustment benefits.

§ 3325 Reporting requirement

(a) In General.— For each academic year— the Secretary of Defense shall submit to Congress a report on the operation of the program provided for in this chapter; and the Secretary shall submit to Congress a report on the operation of the program provided for in this chapter and the program provided for under chapter 35 of this title.

(b) Contents of Secretary of Defense Reports.— The Secretary of Defense shall include in each report submitted under this section— information— indicating the extent to which the benefit levels provided under this chapter are adequate to achieve the purposes of inducing individuals to enter and remain in the Armed Forces and of providing an adequate level of financial assistance to help meet the cost of pursuing a program of education; indicating whether it is necessary for the purposes of maintaining adequate levels of well-qualified active-duty personnel in the Armed Forces to continue to offer the opportunity for educational assistance under this chapter to individuals who have not yet entered active-duty service; and describing the efforts under section 3323(b) of this title to inform members of the Armed Forces of the active duty service requirements for entitlement to educational assistance under this chapter and the results from such efforts; and such recommendations for administrative and legislative changes regarding the provision of educational assistance to members of the Armed Forces and veterans, and their dependents, as the Secretary of Defense considers appropriate.

(c) Contents of Secretary of Veterans Affairs Reports.— The Secretary shall include in each report submitted under this section— information concerning the level of utilization of educational assistance and of expenditures under this chapter and under chapter 35 of this title; appropriate student outcome measures, such as the number of credit hours, certificates, degrees, and other qualifications earned by beneficiaries under this chapter and chapter 35 of this title during the academic year covered by the report; the information received by the Secretary under section 3326 of this title ; and such recommendations for administrative and legislative changes regarding the provision of educational assistance to members of the Armed Forces and veterans, and their dependents, as the Secretary considers appropriate.

(d) Termination.— No report shall be required under this section after January 1, 2021 .

§ 3326 Report on student progress

(a) Submittal of Information by Educational Institutions.— As a condition of approval under chapter 36 of this title of a course offered by an educational institution (as defined in section 3452 of this title ), each year, each educational institution (as so defined) that received a payment in that year on behalf of an individual entitled to educational assistance under this chapter shall submit to the Secretary such information regarding the academic progress of the individual as the Secretary may require.

(b) Reports to Congress.— Not later than March 1 of each year, the Secretary shall submit to Congress a report that includes a summary of the information provided by educational institutions under subsection (a) for the calendar year preceding the year during which such report is submitted.

§ 3327 Election to receive educational assistance

(a) Individuals Eligible To Elect Participation in Post-9/11 Educational Assistance.— An individual may elect to receive educational assistance under this chapter if such individual— as of August 1, 2009 — is entitled to basic educational assistance under chapter 30 of this title and has used, but retains unused, entitlement under that chapter; is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 and has used, but retains unused, entitlement under the applicable chapter; is entitled to basic educational assistance under chapter 30 of this title but has not used any entitlement under that chapter; is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 but has not used any entitlement under such chapter; is a member of the Armed Forces who is eligible for receipt of basic educational assistance under chapter 30 of this title and is making contributions toward such assistance under section 3011(b) or 3012(c) of this title; or is a member of the Armed Forces who is not entitled to basic educational assistance under chapter 30 of this title by reason of an election under section 3011(c)(1) or 3012(d)(1) of this title; and as of the date of the individual’s election under this paragraph, meets the requirements for entitlement to educational assistance under this chapter.

(b) Cessation of Contributions Toward GI Bill.— Effective as of the first month beginning on or after the date of an election under subsection (a) of an individual described by paragraph (1)(E) of that subsection, the obligation of the individual to make contributions under section 3011(b) or 3012(c) of this title, as applicable, shall cease, and the requirements of such section shall be deemed to be no longer applicable to the individual.

(c) Revocation of Remaining Transferred Entitlement.— If, on the date an individual described in paragraph (1)(A) or (1)(C) of subsection (a) makes an election under that subsection, a transfer of the entitlement of the individual to basic educational assistance under section 3020 of this title is in effect and a number of months of the entitlement so transferred remain unutilized, the individual may elect to revoke all or a portion of the entitlement so transferred that remains unutilized. Any entitlement revoked by an individual under this subsection shall no longer be available to the dependent to whom transferred, but shall be available to the individual instead for educational assistance under chapter 33 of this title in accordance with the provisions of this section. Any entitlement described in paragraph (1) that is not revoked by an individual in accordance with that paragraph shall remain available to the dependent or dependents concerned in accordance with the current transfer of such entitlement under section 3020 of this title .

(d) Post-9/11 Educational Assistance.— Subject to paragraph (2) and except as provided in subsection (e), an individual making an election under subsection (a) shall be entitled to educational assistance under this chapter in accordance with the provisions of this chapter, instead of basic educational assistance under chapter 30 of this title, or educational assistance under chapter 107, 1606, or 1607 of title 10, as applicable. In the case of an individual making an election under subsection (a) who is described by paragraph (1)(A) of that subsection, the number of months of entitlement of the individual to educational assistance under this chapter shall be the number of months equal to— the number of months of unused entitlement of the individual under chapter 30 of this title, as of the date of the election, plus the number of months, if any, of entitlement revoked by the individual under subsection (c)(1).

(e) Continuing Entitlement to Educational Assistance Not Available Under Post-9/11 Educational Assistance Program.— In the event educational assistance to which an individual making an election under subsection (a) would be entitled under chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable, is not authorized to be available to the individual under the provisions of this chapter, the individual shall remain entitled to such educational assistance in accordance with the provisions of the applicable chapter. The utilization by an individual of entitlement under paragraph (1) shall be chargeable against the entitlement of the individual to educational assistance under this chapter at the rate of 1 month of entitlement under this chapter for each month of entitlement utilized by the individual under paragraph (1) (as determined as if such entitlement were utilized under the provisions of chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable).

(f) Additional Post-9/11 Assistance for Members Having Made Contributions Toward GI Bill.— In the case of an individual making an election under subsection (a) who is described by subparagraph (A), (C), or (E) of paragraph (1) of that subsection, the amount of educational assistance payable to the individual under this chapter as a monthly stipend payable under paragraph (1)(B) of section 3313(c) of this title , or under paragraphs (2) through (7) 1 of that section (as applicable), shall be the amount otherwise payable as a monthly stipend under the applicable paragraph increased by the amount equal to— the total amount of contributions toward basic educational assistance made by the individual under section 3011(b) or 3012(c) of this title, as of the date of the election, multiplied by the fraction— the numerator of which is— the number of months of entitlement to basic educational assistance under chapter 30 of this title remaining to the individual at the time of the election; plus the number of months, if any, of entitlement under chapter 30 of this title revoked by the individual under subsection (c)(1); and the denominator of which is 36 months. In the case of an individual covered by paragraph (1) who is described by subsection (a)(1)(E), the number of months of entitlement to basic educational assistance remaining to the individual for purposes of paragraph (1)(B)(i)(II) shall be 36 months. The amount payable with respect to an individual under paragraph (1) shall be paid to the individual together with the last payment of the monthly stipend payable to the individual under paragraph (1)(B) of section 3313(c) of this title , or under paragraphs (2) through (7) 1 of that section (as applicable), before the exhaustion of the individual’s entitlement to educational assistance under this chapter.

(g) Continuing Entitlement to Additional Assistance for Critical Skills or Specialty and Additional Service.— An individual making an election under subsection (a)(1) who, at the time of the election, is entitled to increased educational assistance under section 3015(d) of this title , or section 16131(i) of title 10 , or supplemental educational assistance under subchapter III of chapter 30 of this title, shall remain entitled to such increased educational assistance or supplemental educational assistance in the utilization of entitlement to educational assistance under this chapter, in an amount equal to the quarter, semester, or term, as applicable, equivalent of the monthly amount of such increased educational assistance or supplemental educational assistance payable with respect to the individual at the time of the election.

(h) Alternative Election by Secretary.— In the case of an individual who, on or after January 1, 2017 , submits to the Secretary an election under this section that the Secretary determines is clearly against the interests of the individual, or who fails to make an election under this section, the Secretary may make an alternative election on behalf of the individual that the Secretary determines is in the best interests of the individual. If the Secretary makes an election on behalf of an individual under this subsection, the Secretary shall notify the individual by not later than seven days after making such election and shall provide the individual with a 30-day period, beginning on the date of the individual’s receipt of such notice, during which the individual may modify or revoke the election made by the Secretary on the individual’s behalf. The Secretary shall include, as part of such notice, a clear statement of why the alternative election made by the Secretary is in the best interests of the individual as compared to the election submitted by the individual. The Secretary shall provide the notice required under this paragraph by electronic means whenever possible.

(i) Irrevocability of Elections.— An election under subsection (a) or (c)(1) is irrevocable.