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‘‘(1) The term ‘active duty’ has the meanings as
follows (subject to the limitations specified in sections
3002(6) and 3311(b) of this title):
‘‘(A) In the case of members of the regular
components of the Armed Forces, the meaning
given such term in section 101(21)(A) of this
title.
‘‘(B) In the case of members of the reserve
components of the Armed Forces, service on ac-
tive duty under a call or order to active duty
under section 688, 12301(a), 12301(d), 12301(g),
12302, or 12304 of title 10.
‘‘(2) The term ‘entry level and skill training’
means the following:
‘‘(A) In the case of members of the Army,
Basic Combat Training and Advanced Indi-
vidual Training.
‘‘(B) In the case of members of the Navy,
Recruit Training (or Boot Camp) and Skill
Training (or so-called ‘A’ School).
‘‘(C) In the case of members of the Air
Force, Basic Military Training and Technical
Training.
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‘‘(D) In the case of members of the Marine
Corps, Recruit Training and Marine Corps
Training (or School of Infantry Training).
‘‘(E) In the case of members of the Coast
Guard, Basic Training.
‘‘(3) The term ‘program of education’ has the
meaning the meaning given such term in section 3002
of this title, except to the extent otherwise provided in
section 3313 of this title.
‘‘(4) The term ‘Secretary of Defense’ has the
meaning given such term in section 3002 of this title.
‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE
‘‘§ 3311. Educational assistance for service in the
Armed Forces commencing on or after
September 11, 2001: entitlement
‘‘(a) ENTITLEMENT.—Subject to subsections (d) and
(e), each individual described in subsection (b) is entitled
to educational assistance under this chapter.
‘‘(b) COVERED INDIVIDUALS.—An individual described
in this subsection is any individual as follows:
‘‘(1) An individual who—
‘‘(A) commencing on or after September 11,
2001, serves an aggregate of at least 36 months
on active duty in the Armed Forces (including
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service on active duty in entry level and skill
training); and
‘‘(B) after completion of service described in
subparagraph (A)—
‘‘(i) continues on active duty; or
‘‘(ii) is discharged or released from ac-
tive duty as described in subsection (c).
‘‘(2) An individual who—
‘‘(A) commencing on or after September 11,
2001, serves at least 30 continuous days on ac-
tive duty in the Armed Forces; and
‘‘(B) after completion of service described in
subparagraph (A), is discharged or released from
active duty in the Armed Forces for a service-
connected disability.
‘‘(3) An individual who—
‘‘(A) commencing on or after September 11,
2001, serves an aggregate of at least 30 months,
but less than 36 months, on active duty in the
Armed Forces (including service on active duty
in entry level and skill training); and
‘‘(B) after completion of service described in
subparagraph (A)—
‘‘(i) continues on active duty for an
aggregate of less than 36 months; or
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‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 36 months, is
discharged or released from active duty as
described in subsection (c).
‘‘(4) An individual who—
‘‘(A) commencing on or after September 11,
2001, serves an aggregate of at least 24 months,
but less than 30 months, on active duty in the
Armed Forces (including service on active duty
in entry level and skill training); and
‘‘(B) after completion of service described in
subparagraph (A)—
‘‘(i) continues on active duty for an
aggregate of less than 30 months; or
‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 30 months, is
discharged or released from active duty as
described in subsection (c).
‘‘(5) An individual who—
‘‘(A) commencing on or after September 11,
2001, serves an aggregate of at least 18 months,
but less than 24 months, on active duty in the
Armed Forces (excluding service on active duty
in entry level and skill training); and
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‘‘(B) after completion of service described in
subparagraph (A)—
‘‘(i) continues on active duty for an
aggregate of less than 24 months; or
‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 24 months, is
discharged or released from active duty as
described in subsection (c).
‘‘(6) An individual who—
‘‘(A) commencing on or after September 11,
2001, serves an aggregate of at least 12 months,
but less than 18 months, on active duty in the
Armed Forces (excluding service on active duty
in entry level and skill training); and
‘‘(B) after completion of service described in
subparagraph (A)—
‘‘(i) continues on active duty for an
aggregate of less than 18 months; or
‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 18 months, is
discharged or released from active duty as
described in subsection (c).
‘‘(7) An individual who—
‘‘(A) commencing on or after September 11,
2001, serves an aggregate of at least 6 months,
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but less than 12 months, on active duty in the
Armed Forces (excluding service on active duty
in entry level and skill training); and
‘‘(B) after completion of service described in
subparagraph (A)—
‘‘(i) continues on active duty for an
aggregate of less than 12 months; or
‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 12 months, is
discharged or released from active duty as
described in subsection (c).
‘‘(8) An individual who—
‘‘(A) commencing on or after September 11,
2001, serves an aggregate of at least 90 days, but
less than 6 months, on active duty in the Armed
Forces (excluding service on active duty in entry
level and skill training); and
‘‘(B) after completion of service described in
subparagraph (A)—
‘‘(i) continues on active duty for an
aggregate of less than 6 months; or
‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 6 months, is
discharged or released from active duty as
described in subsection (c).
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‘‘(c) COVERED DISCHARGES AND RELEASES.—A dis-
charge or release from active duty of an individual de-
scribed in this subsection is a discharge or release as follows:
‘‘(1) A discharge from active duty in the Armed
Forces with an honorable discharge.
‘‘(2) A release after service on active duty in the
Armed Forces characterized by the Secretary con-
cerned as honorable service and placement on the re-
tired list, transfer to the Fleet Reserve or Fleet Ma-
rine Corps Reserve, or placement on the temporary
disability retired list.
‘‘(3) A release from active duty in the Armed
Forces for further service in a reserve component of
the Armed Forces after service on active duty charac-
terized by the Secretary concerned as honorable serv-
ice.
‘‘(4) A discharge or release from active duty in
the Armed Forces for—
‘‘(A) a medical condition which preexisted
the service of the individual as described in the
applicable paragraph of subsection (b) and
which the Secretary determines is not service-
connected;
‘‘(B) hardship; or
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‘‘(C) a physical or mental condition that
was not characterized as a disability and did
not result from the individual’s own willful mis-
conduct but did interfere with the individual’s
performance of duty, as determined by the Sec-
retary concerned in accordance with regulations
prescribed by the Secretary of Defense.
‘‘(d) PROHIBITION ON TREATMENT OF CERTAIN SERV-
ICE AS PERIOD OF ACTIVE DUTY.—The following periods
of service shall not be considered a part of the period of
active duty on which an individual’s entitlement to edu-
cational assistance under this chapter is based:
‘‘(1) A period of service on active duty of an offi-
cer pursuant to an agreement under section 2107(b)
of title 10.
‘‘(2) A period of service on active duty of an offi-
cer pursuant to an agreement under section 4348,
6959, or 9348 of title 10.
‘‘(3) A period of service that is terminated be-
cause of a defective enlistment and induction based
on—
‘‘(A) the individual’s being a minor for
purposes of service in the Armed Forces;
‘‘(B) an erroneous enlistment or induction;
or
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‘‘(C) a defective enlistment agreement.
‘‘(e) TREATMENT OF INDIVIDUALS ENTITLED UNDER
MULTIPLE PROVISIONS.—In the event an individual enti-
tled 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 edu-
cational assistance under this chapter by reason of para-
graph (5) of such subsection.
‘‘§ 3312. Educational assistance: duration
‘‘(a) IN GENERAL.—Subject to section 3695 of this title
and except as provided in subsections (b) and (c), an indi-
vidual entitled to educational assistance under this chapter
is entitled to a number of months of educational assistance
under section 3313 of this title equal to 36 months.
‘‘(b) CONTINUING
RECEIPT.—The receipt of edu-
cational assistance under section 3313 of this title by an
individual entitled to educational assistance under this
chapter is subject to the provisions of section 3321(b)(2) of
this title.
‘‘(c) DISCONTINUATION OF EDUCATION FOR ACTIVE
DUTY.—(1) Any payment of educational assistance de-
scribed in paragraph (2) shall not—
‘‘(A) be charged against any entitlement to edu-
cational assistance of the individual concerned under
this chapter; or
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‘‘(B) be counted against the aggregate period for
which section 3695 of this title limits the individual’s
receipt of educational assistance under this chapter.
‘‘(2) Subject to paragraph (3), the payment of edu-
cational assistance described in this paragraph is the pay-
ment of such assistance to an individual for pursuit of a
course or courses under this chapter if the Secretary finds
that the individual—
‘‘(A)(i) in the case of an individual not serving
on active duty, had to discontinue such course pursuit
as a result of being called or ordered to serve on ac-
tive duty under section 688, 12301(a), 12301(d),
12301(g), 12302, or 12304 of title 10; or
‘‘(ii) in the case of an individual serving on ac-
tive duty, had to discontinue such course pursuit as
a result of being ordered to a new duty location or
assignment or to perform an increased amount of
work; and
‘‘(B) failed to receive credit or lost training time
toward completion of the individual’s approved edu-
cation, professional, or vocational objective as a result
of having to discontinue, as described in subpara-
graph (A), the individual’s course pursuit.
‘‘(3) The period for which, by reason of this subsection,
educational assistance is not charged against entitlement
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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 indi-
vidual 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 edu-
cational costs for pursuit of such program of education.
‘‘(b) APPROVED PROGRAMS OF EDUCATION.—A pro-
gram of education is an approved program of education
for purposes of this chapter if the program of education is
offered by an institution of higher learning (as that term
is defined in section 3452(f) of this title) and is approved
for purposes of chapter 30 of this title (including approval
by the State approving agency concerned).
‘‘(c) AMOUNT
OF EDUCATIONAL ASSISTANCE.—The
amounts payable under this subsection for pursuit of an
approved program of education are amounts as follows:
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‘‘(1) In the case of an individual entitled to edu-
cational assistance under this chapter by reason of
section 3311(b)(1) or 3311(b)(2) of this title, amounts
as follows:
‘‘(A) An amount equal to the established
charges for the program of education, except that
the amount payable under this subparagraph
may not exceed the maximum amount of estab-
lished charges regularly charged in-State stu-
dents for full-time pursuit of approved programs
of education for undergraduates by the public in-
stitution of higher education offering approved
programs of education for undergraduates in the
State in which the individual is enrolled that
has the highest rate of regularly-charged estab-
lished charges for such programs of education
among all public institutions of higher education
in such State offering such programs of edu-
cation.
‘‘(B) A monthly stipend in an amount as
follows:
‘‘(i) For each month the individual
pursues the program of education, other
than a program of education offered through
distance learning, a monthly housing sti-
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pend amount equal to the monthly amount
of the basic allowance for housing payable
under section 403 of title 37 for a member
with dependents in pay grade E–5 residing
in the military housing area that encom-
passes all or the majority portion of the
ZIP code area in which is located the insti-
tution of higher education at which the in-
dividual is enrolled.
‘‘(ii) For the first month of each quar-
ter, semester, or term, as applicable, of the
program of education pursued by the indi-
vidual, a lump sum amount for books, sup-
plies, equipment, and other educational
costs with respect to such quarter, semester,
or term in the amount equal to—
‘‘(I) $1,000, multiplied by
‘‘(II) the fraction which is the
portion of a complete academic year
under the program of education that
such quarter, semester, or term con-
stitutes.
‘‘(2) In the case of an individual entitled to edu-
cational assistance under this chapter by reason of
section 3311(b)(3) of this title, amounts equal to 90
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percent of the amounts that would be payable to the
individual under paragraph (1) for the program of
education if the individual were entitled to amounts
for the program of education under paragraph (1)
rather than this paragraph.
‘‘(3) In the case of an individual entitled to edu-
cational assistance under this chapter by reason of
section 3311(b)(4) of this title, amounts equal to 80
percent of the amounts that would be payable to the
individual under paragraph (1) for the program of
education if the individual were entitled to amounts
for the program of education under paragraph (1)
rather than this paragraph.
‘‘(4) In the case of an individual entitled to edu-
cational assistance under this chapter by reason of
section 3311(b)(5) of this title, amounts equal to 70
percent of the amounts that would be payable to the
individual under paragraph (1) for the program of
education if the individual were entitled to amounts
for the program of education under paragraph (1)
rather than this paragraph.
‘‘(5) In the case of an individual entitled to edu-
cational assistance under this chapter by reason of
section 3311(b)(6) of this title, amounts equal to 60
percent of the amounts that would be payable to the
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individual under paragraph (1) for the program of
education if the individual were entitled to amounts
for the program of education under paragraph (1)
rather than this paragraph.
‘‘(6) In the case of an individual entitled to edu-
cational assistance under this chapter by reason of
section 3311(b)(7) of this title, amounts equal to 50
percent of the amounts that would be payable to the
individual under paragraph (1) for the program of
education if the individual were entitled to amounts
for the program of education under paragraph (1)
rather than this paragraph.
‘‘(7) In the case of an individual entitled to edu-
cational assistance under this chapter by reason of
section 3311(b)(8) of this title, amounts equal to 40
percent of the amounts that would be payable to the
individual under paragraph (1) for the program of
education if the individual were entitled to amounts
for the program of education under paragraph (1)
rather than this paragraph.
‘‘(d) FREQUENCY OF PAYMENT.—(1) Payment of the
amounts payable under subsection (c)(1)(A), and of similar
amounts payable under paragraphs (2) through (7) of sub-
section (c), for pursuit of a program of education shall be
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made for the entire quarter, semester, or term, as applicable,
of the program of education.
‘‘(2) Payment of the amount payable under subsection
(c)(1)(B), and of similar amounts payable under para-
graphs (2) through (7) of subsection (c), for pursuit of a
program of education shall be made on a monthly basis.
‘‘(3) The Secretary shall prescribe in regulations meth-
ods for determining the number of months (including frac-
tions thereof) of entitlement of an individual to educational
assistance this chapter that are chargeable under this chap-
ter for an advance payment of amounts under paragraphs
(1) and (2) for pursuit of a program of education on a
quarter, semester, term, or other basis.
‘‘(e) PROGRAMS OF EDUCATION PURSUED ON ACTIVE
DUTY.—(1) Educational assistance is payable under this
chapter for pursuit of an approved program of education
while on active duty.
‘‘(2) The amount of educational assistance payable
under this chapter to an individual pursuing a program
of education while on active duty is the lesser of—
‘‘(A) the established charges which similarly
circumstanced nonveterans enrolled in the program of
education involved would be required to pay; or
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‘‘(B) the amount of the charges of the educational
institution as elected by the individual in the manner
specified in section 3014(b)(1) of this title.
‘‘(3) Payment of the amount payable under paragraph
(2) for pursuit of a program of education shall be made
for the entire quarter, semester, or term, as applicable, of
the program of education.
‘‘(4) For each month (as determined pursuant to the
methods prescribed under subsection (d)(3)) for which
amounts are paid an individual under this subsection, the
entitlement of the individual to educational assistance
under this chapter shall be charged at the rate of one month
for each such month.
‘‘(f) PROGRAMS OF EDUCATION PURSUED ON HALF-
TIME BASIS OR LESS.—(1) Educational assistance is pay-
able under this chapter for pursuit of an approved program
of education on half-time basis or less.
‘‘(2) The educational assistance payable under this
chapter to an individual pursuing a program of education
on half-time basis or less is the amounts as follows:
‘‘(A) The amount equal to the lesser of—
‘‘(i) the established charges which similarly
circumstanced nonveterans enrolled in the pro-
gram of education involved would be required to
pay; or
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‘‘(ii) the maximum amount that would be
payable to the individual for the program of edu-
cation under paragraph (1)(A) of subsection (c),
or under the provisions of paragraphs (2)
through (7) of subsection (c) applicable to the in-
dividual, for the program of education if the in-
dividual were entitled to amounts for the pro-
gram of education under subsection (c) rather
than this subsection.
‘‘(B) A stipend in an amount equal to the
amount of the appropriately reduced amount of the
lump sum amount for books, supplies, equipment, and
other educational costs otherwise payable to the indi-
vidual under subsection (c).
‘‘(3) 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 quar-
ter, semester, or term, as applicable, of the program of edu-
cation.
‘‘(4) 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—
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‘‘(A) the number of course hours borne by the in-
dividual in pursuit of the program of education in-
volved, divided by
‘‘(B) the number of course hours for full-time
pursuit of such program of education.
‘‘(g) PAYMENT OF ESTABLISHED CHARGES TO EDU-
CATIONAL INSTITUTIONS.—Amounts payable under sub-
sections (c)(1)(A) (and of similar amounts payable under
paragraphs (2) through (7) of subsection (c)), (e)(2) and
(f)(2)(A) shall be paid directly to the educational institu-
tion concerned.
‘‘(h) ESTABLISHED CHARGES DEFINED.—(1) In this
section, the term ‘established charges’, in the case of a pro-
gram of education, means the actual charges (as determined
pursuant to regulations prescribed by the Secretary) for tui-
tion and fees which similarly circumstanced nonveterans
enrolled in the program of education would be required to
pay.
‘‘(2) Established charges shall be determined for pur-
poses of this subsection on the following basis:
‘‘(A) In the case of an individual enrolled in a
program of education offered on a term, quarter, or
semester basis, the tuition and fees charged the indi-
vidual for the term, quarter, or semester.
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‘‘(B) In the case of an individual enrolled in a
program of education not offered on a term, quarter,
or semester basis, the tuition and fees charged the in-
dividual for the entire program of education.
‘‘§ 3314. Tutorial assistance
‘‘(a) IN GENERAL.—Subject to subsection (b), an indi-
vidual entitled to educational assistance under this chapter
shall also be entitled to benefits provided an eligible veteran
under section 3492 of this title.
‘‘(b) CONDITIONS.—(1) The provision of benefits under
subsection (a) shall be subject to the conditions applicable
to an eligible veteran under section 3492 of this title.
‘‘(2) In addition to the conditions specified in para-
graph (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 bene-
fits are provided certifies that—
‘‘(A) such benefits are essential to correct a defi-
ciency of the individual in such course; and
‘‘(B) such course is required as a part of, or is
prerequisite or indispensable to the satisfactory pur-
suit of, an approved program of education.
‘‘(c) AMOUNT.—(1) The amount of benefits described
in subsection (a) that are payable under this section may
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not exceed $100 per month, for a maximum of 12 months,
or until a maximum of $1,200 is utilized.
‘‘(2) The amount provided an individual under this
subsection is in addition to the amounts of educational as-
sistance paid the individual under section 3313 of this title.
‘‘(d) NO CHARGE AGAINST ENTITLEMENT.—Any bene-
fits provided an individual under subsection (a) are in ad-
dition to any other educational assistance benefits provided
the individual under this chapter.
‘‘§ 3315. Licensure and certification tests
‘‘(a) IN GENERAL.—An individual entitled to edu-
cational assistance under this chapter shall also be entitled
to payment for one licensing or certification test described
in section 3452(b) of this title.
‘‘(b) LIMITATION ON AMOUNT.—The amount payable
under subsection (a) for a licensing or certification test may
not exceed the lesser of—
‘‘(1) $2,000; or
‘‘(2) the fee charged for the test.
‘‘(c) NO
CHARGE
AGAINST
ENTITLEMENT.—Any
amount paid an individual under subsection (a) is in addi-
tion to any other educational assistance benefits provided
the individual under this chapter.
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‘‘§ 3316. Supplemental educational assistance: mem-
bers with critical skills or specialty; mem-
bers serving additional service
‘‘(a) INCREASED ASSISTANCE FOR MEMBERS WITH
CRITICAL SKILLS OR SPECIALTY.—(1) In the case of an in-
dividual who has a skill or specialty designated by the Sec-
retary 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 indi-
vidual under paragraph (1)(B) of section 3313(c) of this
title, or under paragraphs (2) through (7) of such section
(as applicable).
‘‘(2) The amount of the increase in educational assist-
ance 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)
of this title at the time of the increase under paragraph
(1).
‘‘(b) SUPPLEMENTAL ASSISTANCE
FOR ADDITIONAL
SERVICE.—(1) 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 chap-
ter 30 of this title. The amount so payable shall be payable
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as an increase in the monthly amount of educational assist-
ance otherwise payable to the individual under paragraph
(1)(B) of section 3313(c) of this title, or under paragraphs
(2) through (7) of such section (as applicable).
‘‘(2) Eligibility for supplement educational assistance
under this subsection shall be determined in accordance
with the provisions of subchapter III of chapter 30 of this
title, except that any reference in such provisions to eligi-
bility for basic educational assistance under a provision of
subchapter II of chapter 30 of this title shall be treated as
a reference to eligibility for educational assistance under
the appropriate provision of this chapter.
‘‘(3) The amount of supplemental educational assist-
ance payable under this subsection shall be the amount
equal to the monthly amount of supplemental educational
payable under section 3022 of this title.
‘‘(c) REGULATIONS.—The Secretaries concerned shall
administer this section in accordance with such regulations
as the Secretary of Defense shall prescribe.
‘‘§ 3317. Public-private contributions for additional
educational assistance
‘‘(a) ESTABLISHMENT
OF PROGRAM.—In instances
where the educational assistance provided pursuant to sec-
tion 3313(c)(1)(A) does not cover the full cost of established
charges (as specified in section 3313 of this title), the Sec-
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retary shall carry out a program under which colleges and
universities can, voluntarily, enter into an agreement with
the Secretary to cover a portion of those established charges
not otherwise covered under section 3313(c)(1)(A), which
contributions shall be matched by equivalent contributions
toward such costs by the Secretary. The program shall only
apply to covered individuals described in paragraphs (1)
and (2) of section 3311(b).
‘‘(b) DESIGNATION OF PROGRAM.—The program under
this section shall be known as the ‘Yellow Ribbon G.I. Edu-
cation Enhancement Program’.
‘‘(c) AGREEMENTS.—The Secretary shall enter into an
agreement with each college or university seeking to partici-
pate in the program under this section. Each agreement
shall specify the following:
‘‘(1) The manner (whether by direct grant, schol-
arship, or otherwise) of the contributions to be made
by the college or university concerned.
‘‘(2) The maximum amount of the contribution
to be made by the college or university concerned with
respect to any particular individual in any given
academic year.
‘‘(3) The maximum number of individuals for
whom the college or university concerned will make
contributions in any given academic year.
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‘‘(4) Such other matters as the Secretary and the
college or university concerned jointly consider appro-
priate.
‘‘(d) MATCHING CONTRIBUTIONS.—(1) In instances
where the educational assistance provided an individual
under section 3313(c)(1)(A) of this title does not cover the
full cost of tuition and mandatory fees at a college or uni-
versity, 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 re-
maining costs for such tuition and fees.
‘‘(2) Amounts available to the Secretary under section
3324(b) of this title 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 partici-
pating 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).
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‘‘§ 3318. Additional assistance: relocation or travel as-
sistance for individual relocating or trav-
eling significant distance for pursuit of a
program of education
‘‘(a) ADDITIONAL ASSISTANCE.—Each individual de-
scribed in subsection (b) shall be paid additional assistance
under this section in the amount of $500.
‘‘(b) COVERED INDIVIDUALS.—An individual described
in this subsection is any individual entitled to educational
assistance under this chapter—
‘‘(1) who resides in a highly rural area (as deter-
mined by the Bureau of the Census); and
‘‘(2) who—
‘‘(A) physically relocates a distance of at
least 500 miles in order to pursue a program of
education for which the individual utilizes edu-
cational assistance under this chapter; or
‘‘(B) travels by air to physically attend an
institution of higher education for pursuit of
such a program of education because the indi-
vidual cannot travel to such institution by auto-
mobile or other established form of transpor-
tation due to an absence of road or other infra-
structure.
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‘‘(c) PROOF OF RESIDENCE.—For purposes of sub-
section (b)(1), an individual may demonstrate the individ-
ual’s place of residence utilizing any of the following:
‘‘(1) DD Form 214, Certification of Release or
Discharge from Active Duty.
‘‘(2) The most recent Federal income tax return.
‘‘(3) Such other evidence as the Secretary shall
prescribe for purposes of this section.
‘‘(d) SINGLE PAYMENT
OF ASSISTANCE.—An indi-
vidual is entitled to only one payment of additional assist-
ance under this section.
‘‘(e) NO
CHARGE
AGAINST
ENTITLEMENT.—Any
amount paid an individual under this section is in addi-
tion to any other educational assistance benefits provided
the individual under this chapter.’’.
‘‘SUBCHAPTER III—ADMINISTRATIVE
PROVISIONS
‘‘§ 3321. Time limitation for use of and eligibility for
entitlement
‘‘(a) IN GENERAL.—Except as provided in this section,
the period during which an individual entitled to edu-
cational assistance under this chapter may use such indi-
vidual’s entitlement expires at the end of the 15-year period
beginning on the date of such individual’s last discharge
or release from active duty.
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‘‘(b) EXCEPTIONS.—(1) Subsections (b), (c), and (d)
of section 3031 of this title 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 of this title with respect to the running
of the 10-year period described in section 3031(a) of this
title.
‘‘(2) Section 3031(f) of this title shall apply with re-
spect to the termination of an individual’s entitlement to
educational assistance under this chapter in the same man-
ner as such section applies to the termination of an individ-
ual’s entitlement to educational assistance under chapter 30
of this title, except that, in the administration of such sec-
tion for purposes of this chapter, the reference to section
3013 of this title shall be deemed to be a reference to 3312
of this title.
‘‘(3) 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 indi-
vidual is discharged or released as described in section
3311(b)(2) of this title.
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‘‘§ 3322. Bar to duplication of educational assistance
benefits
‘‘(a) IN GENERAL.—An individual entitled to edu-
cational assistance under this chapter who is also eligible
for educational assistance under chapter 30, 31, 32, or 35
of this title, chapter 107, 1606, or 1607 of title 10, or the
provisions of the Hostage Relief Act of 1980 (Public Law
96–449; 5 U.S.C. 5561 note) may not receive assistance
under two or more such programs concurrently, but shall
elect (in such form and manner as the Secretary may pre-
scribe) under which chapter or provisions to receive edu-
cational 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 pre-
scribe) under which chapter such service is to be credited.
‘‘(d) ADDITIONAL COORDINATION MATTERS.—In the
case of an individual entitled to educational assistance
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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 entitle-
ment 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 gov-
erned by the provisions of section ll03(c) of the Post-
9/11 Veterans Educational Assistance Act of 2008.
‘‘§ 3323. Administration
‘‘(a) IN GENERAL.—(1) Except as otherwise provided
in this chapter, the provisions specified in section
3034(a)(1) of this title shall apply to the provision of edu-
cational assistance under this chapter.
‘‘(2) In applying the provisions referred to in para-
graph (1) to an individual entitled to educational assist-
ance under this chapter for purposes of this section, the ref-
erence in such provisions to the term ‘eligible veteran’ shall
be deemed to refer to an individual entitled to educational
assistance under this chapter.
‘‘(3) In applying section 3474 of this title to an indi-
vidual 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
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be deemed to refer to educational assistance payable under
section 3313 of this title.
‘‘(4) In applying section 3482(g) of this title to an in-
dividual entitled to educational assistance under this chap-
ter for purposes of this section—
‘‘(A) the first reference to the term ‘educational
assistance allowance’ in such section 3482(g) shall be
deemed to refer to educational assistance payable
under section 3313 of this title; and
‘‘(B) the first sentence of paragraph (1) of such
section 3482(g) shall be applied as if such sentence
ended with ‘equipment’.
‘‘(b) INFORMATION ON BENEFITS.—(1) The Secretary
of Veterans Affairs shall provide the information described
in paragraph (2) to each member of the Armed Forces at
such times as the Secretary of Veterans Affairs and the Sec-
retary of Defense shall jointly prescribe in regulations.
‘‘(2) 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 of this title.
‘‘(3) The Secretary of Veterans Affairs shall furnish
the information and forms described in paragraph (2), and
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other educational materials on educational assistance under
this chapter, to educational institutions, training establish-
ments, military education personnel, and such other persons
and entities as the Secretary considers appropriate.
‘‘(c) REGULATIONS.—(1) The Secretary shall prescribe
regulations for the administration of this chapter.
‘‘(2) 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 of Veterans Affairs for the payment of readjust-
ment benefits.’’.
(2) CLERICAL
AMENDMENTS.—The tables of
chapters at the beginning of title 38, United States
Code, and at the beginning of part III of such title,
are each amended by inserting after the item relating
to chapter 32 the following new item:
‘‘33. Post-9/11 Educational Assistance ........................................... 3301’’.
(b) CONFORMING AMENDMENTS.—
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(1) AMENDMENTS RELATING TO DUPLICATION OF
BENEFITS.—
(A) Section 3033 of title 38, United States
Code, is amended—
(i) in subsection (a)(1), by inserting
‘‘33,’’ after ‘‘32,’’; and
(ii) in subsection (c), by striking ‘‘both
the program established by this chapter and
the program established by chapter 106 of
title 10’’ and inserting ‘‘two or more of the
programs established by this chapter, chap-
ter 33 of this title, and chapters 1606 and
1607 of title 10’’.
(B) Paragraph (4) of section 3695(a) of
such title is amended to read as follows:
‘‘(4) Chapters 30, 32, 33, 34, 35, and 36 of this
title.’’.
(C) Section 16163(e) of title 10, United
States Code, is amended by inserting ‘‘33,’’ after
‘‘32,’’.
(2) ADDITIONAL CONFORMING AMENDMENTS.—
(A) Title 38, United States Code, is further
amended by inserting ‘‘33,’’ after ‘‘32,’’ each
place it appears in the following provisions:
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(i) In subsections (b) and (e)(1) of sec-
tion 3485.
(ii) In section 3688(b).
(iii) In subsections (a)(1), (c)(1),
(c)(1)(G), (d), and (e)(2) of section 3689.
(iv) In section 3690(b)(3)(A).
(v) In subsections (a) and (b) of section
3692.
(vi) In section 3697(a).
(B) Section 3697A(b)(1) of such title is
amended by striking ‘‘or 32’’ and inserting ‘‘32,
or 33’’.
(c) APPLICABILITY TO INDIVIDUALS UNDER MONT-
GOMERY GI BILL PROGRAM.—
(1) INDIVIDUALS ELIGIBLE TO ELECT PARTICIPA-
TION
IN
POST-9/11
EDUCATIONAL
ASSISTANCE.—An
individual may elect to receive educational assistance
under chapter 33 of title 38, United States Code (as
added by subsection (a)), if such individual—
(A) as of August 1, 2009—
(i) is entitled to basic educational as-
sistance under chapter 30 of title 38, United
States Code, and has used, but retains un-
used, entitlement under that chapter;
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(ii) is entitled to educational assist-
ance under chapter 107, 1606, or 1607 of
title 10, United States Code, and has used,
but retains unused, entitlement under the
applicable chapter;
(iii) is entitled to basic educational as-
sistance under chapter 30 of title 38, United
States Code, but has not used any entitle-
ment under that chapter;
(iv) is entitled to educational assist-
ance under chapter 107, 1606, or 1607 of
title 10, United States Code, but has not
used any entitlement under such chapter;
(v) is a member of the Armed Forces
who is eligible for receipt of basic edu-
cational assistance under chapter 30 of title
38, United States Code, and is making con-
tributions toward such assistance under sec-
tion 3011(b) or 3012(c) of such title; or
(vi) is a member of the Armed Forces
who is not entitled to basic educational as-
sistance under chapter 30 of title 38, United
States Code, by reason of an election under
section 3011(c)(1) or 3012(d)(1) of such
title; and
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(B) as of the date of the individual’s elec-
tion under this paragraph, meets the require-
ments for entitlement to educational assistance
under chapter 33 of title 38, United States Code
(as so added).
(2) CESSATION OF CONTRIBUTIONS TOWARD GI
BILL.—Effective as of the first month beginning on or
after the date of an election under paragraph (1) of
an individual described by subparagraph (A)(v) of
that paragraph, the obligation of the individual to
make contributions under section 3011(b) or 3012(c)
of title 38, United States Code, as applicable, shall
cease, and the requirements of such section shall be
deemed to be no longer applicable to the individual.
(3) REVOCATION OF REMAINING TRANSFERRED
ENTITLEMENT.—
(A) ELECTION TO REVOKE.—If, on the date
an individual described in subparagraph (A)(i)
or (A)(iii) of paragraph (1) makes an election
under that paragraph, a transfer of the entitle-
ment of the individual to basic educational as-
sistance under section 3020 of title 38, United
States Code, is in effect and a number of months
of the entitlement so transferred remain unuti-
lized, the individual may elect to revoke all or a