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38 U.S.C. § 3234 (VETERANS’ BENEFITS)
§ 3234. Tutorial assistance
(a) An individual entitled to benefits under this chapter shall also be entitled to the benefits provided an eligible veteran under section 3492 of this title, subject to the conditions applicable to an eligible veteran under such section. Any amount paid to an individual under this section shall be in addition to the amount of other benefits paid under this chapter.
(b) An individual’s period of entitlement to educational assistance under this chapter shall be charged only with respect to the amount of educational assistance paid to the individual under this section in excess of $600.
(c) An individual’s period of entitlement to educational assistance under this chapter shall be charged at the rate of one month for each amount of assistance paid to the individual under this section in excess of $600 that is equal to the amount of monthly educational assistance the individual is otherwise eligible to receive for full-time pursuit of an institutional course under this chapter.
(d) Payments of benefits under this section shall be made—
(1) in the case of the first $600 of such benefits paid to an individual, from funds appropriated, or otherwise available, to the Department of Veterans Affairs for the payment of readjustment benefits; and
(2) in the case of payments to an individual for such benefits in excess of $600, from the fund from contributions made to the fund by the veteran and by the Secretary of Defense in the same proportion as these contributions are used to pay other educational assistance to the individual under this chapter.
(Added Pub. L. 100–689, title I, § 107(b)(1), Nov. 18, 1988, 102 Stat. 4168, § 1634; amended Pub. L. 101–237, title IV, § 423(b)(1)(B), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3234 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83, § 5(a), renumbered section 1634 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3492” for “1692”.
1989—Subsec. (d)(1). Pub. L. 101–237 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.
38 U.S.C. § 3242 (VETERANS’ BENEFITS)
[§ 3242. Vacant]
heading: Codification
text: Prior to redesignation of sections 1601 to 1643 of this chapter as sections 3201 to 3243 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 1642 of this chapter, added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2397, and amended Pub. L. 97–295, § 4(37), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 101–237, title IV, § 423(b)(1)(A), (4)(A), Dec. 18, 1989, 103 Stat. 2092, was repealed by Pub. L. 102–16, § 5(a), Mar. 22, 1991, 105 Stat. 50.
38 U.S.C. § 3243 (VETERANS’ BENEFITS)
§ 3243. Deposits; reports
Deductions made by the Department of Defense from the military pay of any participant shall be promptly transferred to the Secretary for deposit in the fund. The Secretary of Defense shall also submit to the Secretary a report each month showing the name, service number, and the amount of the deduction made from the military pay of each initial enrollee, any contribution made by the Secretary of Defense pursuant to section 3222(c) of this title, as well as any changes in each participant’s enrollment and/or contribution. The report shall also include any additional information the Secretary and the Secretary of Defense deem necessary to administer this program. The Secretary shall maintain accounts showing contributions made to the fund by individual participants and by the Secretary of Defense as well as disbursements made from the fund in the form of benefits.
(Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2397, § 1643; amended Pub. L. 98–160, title VII, § 702(9), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 101–237, title IV, § 423(b)(1)(A), (4)(D), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3243 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
heading: Prior Provisions
text: Prior sections 3301 to 3305 and 3311 to 3313, which comprised chapter 57, were renumbered sections 5701 to 5705 and 5711 to 5713, respectively, of this title.
Prior sections 3401 to 3405, which comprised chapter 59, were renumbered sections 5901 to 5905, respectively, of this title.
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1643 of this title as this section and substituted “3222(c)” for “1622(c)”.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing and inserted “of Defense” after “Secretary” in four places.
1983—Pub. L. 98–160 inserted “of this title” after “section 1622(c)”.
38 U.S.C. § 3312 (VETERANS’ BENEFITS)
§ 3312. Educational assistance: duration
(a) In General.—
Subject to section 3695 and except as provided in subsections (b) and (c), an individual entitled to educational assistance under this chapter is entitled to a number of months of educational assistance under section 3313 equal to 36 months.
(b) Continuing Receipt.—
The receipt of educational assistance under section 3313 by an individual entitled to educational assistance under this chapter is subject to the provisions of section 3321(b)(2).
(c) Discontinuation of Education for Active Duty.—
(1) In general.—
Any payment of educational assistance described in paragraph (2) shall not—
(A) be charged against any entitlement to educational assistance of the individual concerned under this chapter; or
(B) be counted against the aggregate period for which section 3695 limits the individual’s receipt of educational assistance under this chapter.
(2) Description of payment of educational assistance.—
Subject to paragraph (3), the payment of educational assistance described in this paragraph is the payment of such assistance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual—
(A)
(i) in the case of an individual not serving on active duty, had to discontinue such course pursuit as a result of being called or ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; or
(ii) in the case of an individual serving on active duty, had to discontinue such course pursuit as a result of being ordered to a new duty location or assignment or to perform an increased amount of work; and
(B) failed to receive credit or lost training time toward completion of the individual’s approved education, professional, or vocational objective as a result of having to discontinue, as described in subparagraph (A), the individual’s course pursuit.
(3) Period for which payment not charged.—
The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the portion of the period of enrollment in the course or courses from which the individual failed to receive credit or with respect to which the individual lost training time, as determined under paragraph (2)(B).
(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2362.)
38 U.S.C. § 3314 (VETERANS’ BENEFITS)
§ 3314. Tutorial assistance
(a) In General.—
Subject to subsection (b), an individual entitled to educational assistance under this chapter shall also be entitled to benefits provided an eligible veteran under section 3492.
(b) Conditions.—
(1) In general.—
The provision of benefits under subsection (a) shall be subject to the conditions applicable to an eligible veteran under section 3492.
(2) Certification.—
In addition to the conditions specified in paragraph (1), benefits may not be provided to an individual under subsection (a) unless the professor or other individual teaching, leading, or giving the course for which such benefits are provided certifies that—
(A) such benefits are essential to correct a deficiency of the individual in such course; and
(B) such course is required as a part of, or is prerequisite or indispensable to the satisfactory pursuit of, an approved program of education.
(c) Amount.—
(1) In general.—
The amount of benefits described in subsection (a) that are payable under this section may not exceed $100 per month, for a maximum of 12 months, or until a maximum of $1,200 is utilized.
(2) As additional assistance.—
The amount provided an individual under this subsection is in addition to the amounts of educational assistance paid the individual under section 3313.
(d) No Charge Against Entitlement.—
Any benefits provided an individual under subsection (a) are in addition to any other educational assistance benefits provided the individual under this chapter.
(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2366.)
38 U.S.C. § 3315 (VETERANS’ BENEFITS)
§ 3315. Licensure and certification tests
(a) In General.—
An individual entitled to educational assistance under this chapter shall also be entitled to payment for licensing or certification tests described in section 3452(b).
(b) Limitation on Amount.—
The amount payable under subsection (a) for a licensing or certification test may not exceed the lesser of—
(1) $2,000;
(2) the fee charged for the test; or
(3) the amount of entitlement available to the individual under this chapter at the time of payment for the test under this section.
(c) Charge Against Entitlement.—
The charge against an individual’s entitlement under this chapter for payment for a licensing or certification test shall be determined at the rate of one month (rounded to the nearest whole month) for each amount paid that equals—
(1) for the academic year beginning on August 1, 2011, $1,460; or
(2) for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning on August 1 under this subsection, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h).
(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2367; amended Pub. L. 111–377, title I, § 107(a), (b), Jan. 4, 2011, 124 Stat. 4118.)
heading: Amendments
text: 2011—Subsec. (a). Pub. L. 111–377, § 107(a), substituted “licensing or certification tests” for “one licensing or certification test”.
Subsec. (b)(3). Pub. L. 111–377, § 107(b)(2), added par. (3).
Subsec. (c). Pub. L. 111–377, § 107(b)(1), amended subsec. (c) generally. Prior to amendment, text read as follows: “Any amount paid an individual under subsection (a) is in addition to any other educational assistance benefits provided the individual under this chapter.”
heading: Effective Date of 2011 Amendment
text: Pub. L. 111–377, title I, § 107(c), Jan. 4, 2011, 124 Stat. 4118, provided that: “The amendments made by this section [amending this section] shall take effect on August 1, 2011, and shall apply with respect to licensure and certification tests taken on or after that date.”
38 U.S.C. § 3315A (VETERANS’ BENEFITS)
§ 3315A. National tests
(a) In General.—
An individual entitled to educational assistance under this chapter shall also be entitled to educational assistance for the following:
(1) A national test for admission to an institution of higher learning as described in the last sentence of section 3452(b).
(2) A national test providing an opportunity for course credit at an institution of higher learning as so described.
(b) Amount.—
The amount of educational assistance payable under this chapter for a test described in subsection (a) is the lesser of—
(1) the fee charged for the test; or
(2) the amount of entitlement available to the individual under this chapter at the time of payment for the test under this section.
(c) Charge Against Entitlement.—
The number of months of entitlement charged an individual under this chapter for a test described in subsection (a) shall be determined at the rate of one month (rounded to the nearest whole month) for each amount paid that equals—
(1) for the academic year beginning on August 1, 2011, $1,460; or
(2) for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning on August 1 under this subsection, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h).
(Added Pub. L. 111–377, title I, § 108(a)(1), Jan. 4, 2011, 124 Stat. 4118.)
heading: Effective Date
text: Pub. L. 111–377, title I, § 108(b), Jan. 4, 2011, 124 Stat. 4119, provided that: “The amendments made by this section [enacting this section] shall take effect on August 1, 2011, and shall apply with respect to national tests taken on or after that date.”
38 U.S.C. § 3318 (VETERANS’ BENEFITS)
§ 3318. Additional assistance: relocation or travel assistance for individual relocating or traveling significant distance for pursuit of a program of education
(a) Additional Assistance.—
Each individual described in subsection (b) shall be paid additional assistance under this section in the amount of $500.
(b) Covered Individuals.—
An individual described in this subsection is any individual entitled to educational assistance under this chapter—
(1) who resides in a county (or similar entity utilized by the Bureau of the Census) with less than seven persons per square mile, according to the most recent decennial Census; and
(2) who—
(A) physically relocates a distance of at least 500 miles in order to pursue a program of education for which the individual utilizes educational assistance under this chapter; or
(B) travels by air to physically attend an institution of higher learning for pursuit of such a program of education because the individual cannot travel to such institution by automobile or other established form of transportation due to an absence of road or other infrastructure.
(c) Proof of Residence.—
For purposes of subsection (b)(1), an individual may demonstrate the individual’s place of residence utilizing any of the following:
(1) DD Form 214, Certification of Release or Discharge from Active Duty.
(2) The most recent Federal income tax return.
(3) Such other evidence as the Secretary shall prescribe for purposes of this section.
(d) Single Payment of Assistance.—
An individual is entitled to only one payment of additional assistance under this section.
(e) No Charge Against Entitlement.—
Any amount paid an individual under this section is in addition to any other educational assistance benefits provided the individual under this chapter.
(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2369; amended Pub. L. 111–275, title X, § 1001(g)(6), Oct. 13, 2010, 124 Stat. 2896.)
heading: Amendments
text: 2010—Subsec. (b)(2)(B). Pub. L. 111–275 substituted “higher learning” for “higher education”.
38 U.S.C. § 3321 (VETERANS’ BENEFITS)
§ 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 expires at the end of the 15-year period beginning on the date of such individual’s last discharge or release from active duty.
(b) Exceptions.—
(1) Applicability of section 3031 to running of period.—
Subsections (b), (c), and (d) 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).
(2) Applicability of section 3031 to termination.—
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.
(3) Determination of last discharge or release.—
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).
(4) Applicability to children of deceased members.—
The period during which an individual entitled to educational assistance by reason of section 3311(b)(9) may use such individual’s entitlement expires at the end of the 15-year period beginning on the date of such individual’s eighteenth birthday.
(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2373; amended Pub. L. 111–32, title X, § 1002(c), June 24, 2009, 123 Stat. 1889; Pub. L. 111–275, title X, § 1001(g)(8), Oct. 13, 2010, 124 Stat. 2896.)
heading: Amendments
text: 2010—Subsec. (b)(2). Pub. L. 111–275 substituted “section 3312 of this title” for “3312”.
2009—Subsec. (b)(4). Pub. L. 111–32 added par. (4).
heading: Effective Date of 2009 Amendment
text: Amendment by Pub. L. 111–32 effective Aug. 1, 2009, see section 1002(d)(1) of Pub. L. 111–32, set out as a note under section 3311 of this title.
38 U.S.C. § 3323 (VETERANS’ BENEFITS)
§ 3323. Administration
(a) In General.—
(1) 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.
(2) Special rule.—
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.
(3) Rule for applying section 3474.—
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.
(4) Rule for applying section 3482.—
In applying section 3482(g) to an individual entitled to educational assistance under this chapter 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; 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) Timing for providing.—
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.
(2) Description of information.—
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.
(3) To whom provided.—
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.—
(1) In general.—
The Secretary shall prescribe regulations for the administration of this chapter.
(2) Uniformity.—
Any regulations prescribed by the Secretary of Defense for purposes of this chapter shall apply uniformly across the Armed Forces.
(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2374; amended Pub. L. 111–377, title I, § 112(c), Jan. 4, 2011, 124 Stat. 4122.)
heading: Amendments
text: 2011—Subsec. (a). Pub. L. 111–377 substituted “sections 3034(a)(1) and 3680(c)” for “section 3034(a)(1)”.
38 U.S.C. § 3324 (VETERANS’ BENEFITS)
§ 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.
(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2375.)
38 U.S.C. § 3325 (VETERANS’ BENEFITS)
§ 3325. Reporting requirement
(a) In General.—
For each academic year—
(1) the Secretary of Defense shall submit to Congress a report on the operation of the program provided for in this chapter; and
(2) 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—
(1) information—
(A) 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;
(B) 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
(C) 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
(2) 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—
(1) information concerning the level of utilization of educational assistance and of expenditures under this chapter and under chapter 35 of this title;
(2) 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; and
(3) 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.
(Added Pub. L. 112–154, title IV, § 402(a)(1), Aug. 6, 2012, 126 Stat. 1188.)
heading: Deadline for Submittal of First Report
text: Pub. L. 112–154, title IV, § 402(a)(3), Aug. 6, 2012, 126 Stat. 1189, provided that: “The first reports required under section 3325 of title 38, United States Code, as added by paragraph (1), shall be submitted by not later than November 1, 2013.”