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38 U.S.C. § 3022 (VETERANS’ BENEFITS)
§ 3022. Amount of supplemental educational assistance
(a) The amount of payment of educational assistance under this chapter is subject to section 3032 of this title. Except as otherwise provided under subsection (b) of this section, supplemental educational assistance under section 3021 of this title shall be paid—
(1) at a monthly rate of $300 for an approved program of education pursued on a full-time basis; or
(2) at an appropriately reduced rate, as determined under regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time basis.
(b) In the case of a member of the Armed Forces for whom the Secretary concerned has provided for the payment of supplemental educational assistance who has a skill or specialty designated by the Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, as a skill or specialty in which there is a critical shortage of personnel, the Secretary concerned, pursuant to such regulations, may increase the rate of the supplemental educational assistance allowance applicable to such individual to such rate in excess of the rate prescribed under subsection (a) of this section as the Secretary concerned considers appropriate, but the amount of any such increase may not exceed $300 per month.
(Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2559, § 1422; amended Pub. L. 100–689, title I, § 111(a)(5)(B), Nov. 18, 1988, 102 Stat. 4171; Pub. L. 101–237, title IV, § 423(b)(1)(A), (4)(C), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3022 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
heading: Prior Provisions
text: Prior section 3022 was renumbered section 5122 of this title.
heading: Amendments
text: 1991—Pub. L. 102–83, § 5(a), renumbered section 1422 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3032” for “1432” and “3021” for “1421” in introductory provisions.
1989—Subsec. (a)(2). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”.
Subsec. (b). Pub. L. 101–237 inserted “of Defense” after third reference to “Secretary”.
1988—Subsec. (a). Pub. L. 100–689 substituted “The amount of payment of educational assistance under this chapter is subject to section 1432 of this title. Except” for “Subject to section 1432 of this title and except”.
heading: Effective Date
text: Section effective July 1, 1986, see section 702(b) of Pub. L. 98–525, set out as a note under section 3021 of this title.
38 U.S.C. § 3023 (VETERANS’ BENEFITS)
§ 3023. Payment of supplemental educational assistance under this subchapter
The Secretary shall increase the monthly basic educational assistance allowance paid to an individual who is entitled to supplemental educational assistance under this subchapter by the monthly amount of the supplemental educational assistance to which the individual is entitled.
(Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2560, § 1423; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3023, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Prior Provisions
text: Prior section 3023 was renumbered section 5123 of this title.
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1423 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator”.
heading: Effective Date
text: Section effective July 1, 1986, see section 702(b) of Pub. L. 98–525, set out as a note under section 3021 of this title.
38 U.S.C. § 3223 (VETERANS’ BENEFITS)
§ 3223. Refunds of contributions upon disenrollment
(a) Contributions made to the program by a participant may be refunded only after the participant has disenrolled from the program or as provided in section 3224 of this title.
(b) If a participant disenrolls from the program prior to discharge or release from active duty, such participant’s contributions will be refunded on the date of the participant’s discharge or release from active duty or within 60 days of receipt of notice by the Secretary of the participant’s discharge or disenrollment, except that refunds may be made earlier in instances of hardship or other good reason as prescribed in regulations issued jointly by the Secretary and the Secretary of Defense.
(c) If a participant disenrolls from the program after discharge or release from active duty, the participant’s contributions shall be refunded within 60 days of receipt of an application for a refund from the participant.
(d) In the event the participant (1) dies while on active duty, (2) dies after discharge or release from active duty, or (3) disenrolls or is disenrolled from the program without having utilized any entitlement, the participant may have accrued under the program, or, in the event the participant utilizes part of such participant’s entitlement and disenrolls or is disenrolled from the program, the amount contributed by the Secretary of Defense under the authority of section 3222(c) of this title remaining in the fund shall be refunded to such Secretary.
(Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2395, § 1623; amended Pub. L. 98–160, title VII, § 702(7), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 101–237, title IV, § 423(b)(1)(A), (4)(A), (7), Dec. 18, 1989, 103 Stat. 2092, 2093; renumbered § 3223 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 1623 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3224” for “1624”.
Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “3222(c)” for “1622(c)”.
1989—Subsec. (b). Pub. L. 101–237, § 423(b)(1)(A), (4)(A), substituted “Secretary” for “Administrator” wherever appearing and inserted “of Defense” after “Secretary” at end.
Subsec. (d). Pub. L. 101–237, § 423(b)(7), inserted “of Defense” after first reference to “Secretary” and substituted “such” for “the” before second reference to “Secretary”.
1983—Subsec. (a). Pub. L. 98–160 inserted “of this title” after “section 1624”.
Subsec. (d). Pub. L. 98–160 inserted “of this title” after “section 1622(c)”.
heading: Effective Date
text: Section effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title.
38 U.S.C. § 3224 (VETERANS’ BENEFITS)
§ 3224. Death of participant
In the event of a participant’s death, the amount of such participant’s unused contributions to the fund shall be paid to the living person or persons first listed below:
(1) The beneficiary or beneficiaries designated by such participant under such participant’s Servicemembers’ Group Life Insurance policy.
(2) The surviving spouse of the participant.
(3) The surviving child or children of the participant, in equal shares.
(4) The surviving parent or parents of the participant, in equal shares.
If there is no such person living, such amount shall be paid to such participant’s estate.
(Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2395, § 1624; amended Pub. L. 96–466, title IV, § 402, Oct. 17, 1980, 94 Stat. 2201; renumbered § 3224, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title IV, § 405(c)(2), Oct. 9, 1996, 110 Stat. 3340.)
heading: Amendments
text: 1996—Par. (1). Pub. L. 104–275 substituted “Servicemembers’ Group” for “Servicemen’s Group”.
1991—Pub. L. 102–83 renumbered section 1624 of this title as this section.
1980—Pub. L. 96–466 expanded provisions to require payment of a participant’s unused contributions to the fund to the surviving spouse, the surviving child or children, or to the surviving parent or parents before payment of such amount to the participant’s estate.
heading: Effective Date of 1980 Amendment
text: Pub. L. 96–466, title VIII, § 802(d)(2), Oct. 17, 1980, 94 Stat. 2218, provided that: “The amendments made by sections 402 through 406 [amending this section and sections 1622, 1631, and 1641 [now 3222, 3231, and 3241] of this title] shall become effective on October 1, 1980.”
heading: Effective Date
text: Section effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title.
38 U.S.C. § 3225 (VETERANS’ BENEFITS)
§ 3225. Discharge or release under conditions which would bar the use of benefits
If a participant in the program is discharged or released from active duty under dishonorable conditions, such participant is automatically disenrolled and any contributions made by such participant shall be refunded to such participant on the date of such participant’s discharge or release from active duty or within 60 days from receipt of notice by the Secretary of such discharge or release, whichever is later.
(Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2396, § 1625; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3225, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1625 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator”.
heading: Effective Date
text: Section effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title.
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)”.
heading: Effective Date
text: Section effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title.
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.)
heading: Effective Date
text: Section effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as an Effective Date of 2008 Amendment note under section 16163 of Title 10, Armed Forces.
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.)
heading: Effective Date
text: Section effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as an Effective Date of 2008 Amendment note under section 16163 of Title 10, Armed Forces.
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”.
heading: Effective Date
text: Section effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as an Effective Date of 2008 Amendment note under section 16163 of Title 10, Armed Forces.
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)”.
heading: Effective Date
text: Section effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as an Effective Date of 2008 Amendment note under section 16163 of Title 10, Armed Forces.
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.)
heading: Effective Date
text: Section effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as an Effective Date of 2008 Amendment note under section 16163 of Title 10, Armed Forces.