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38 U.S.C. § 3233 (VETERANS’ BENEFITS)
§ 3233. Apprenticeship or other on-job training
(a) Except as provided in subsection (b) of this section, the amount of the monthly benefit payment to an individual pursuing a full-time program of apprenticeship or other on-job training under this chapter is—
(1) for each of the first six months of the individual’s pursuit of such program, 75 percent of the monthly benefit payment otherwise payable to such individual under this chapter;
(2) for each of the second six months of the individual’s pursuit of such program, 55 percent of such monthly benefit payment; and
(3) for each of the months following the first 12 months of the individual’s pursuit of such program, 35 percent of such monthly benefit payment.
(b) In any month in which an individual pursuing a program of education consisting of a program of apprenticeship or other on-job training fails to complete 120 hours of training, the amount of the monthly benefit payment payable under this chapter to the individual shall be limited to the same proportion of the applicable rate determined under subsection (a) of this section as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours.
(c) For each month that an individual is paid a monthly benefit payment under this chapter, the individual’s entitlement under this chapter shall be charged at the rate of—
(1) 75 percent of a month in the case of payments made in accordance with subsection (a)(1) of this section;
(2) 55 percent of a month in the case of payments made in accordance with subsection (a)(2) of this section; and
(3) 35 percent of a month in the case of payments made in accordance with subsection (a)(3) of this section.
(d) For any month in which an individual fails to complete 120 hours of training, the entitlement otherwise chargeable under subsection (c) of this section shall be reduced in the same proportion as the monthly benefit payment payable is reduced under subsection (b) of this section.
(Added Pub. L. 99–576, title III, § 310(b)(2), Oct. 28, 1986, 100 Stat. 3271, § 1633; amended Pub. L. 101–237, title IV, § 423(a)(7), Dec. 18, 1989, 103 Stat. 2091; renumbered § 3233, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1633 of this title as this section.
1989—Subsec. (d). Pub. L. 101–237 added subsec. (d).
heading: Statutory Notes and Related Subsidiaries
heading: Increase in Benefit for Individuals Pursuing Apprenticeship or On-Job Training; Post-Vietnam Era Veterans’ Educational Assistance
text: Pub. L. 108–454, title I, § 103(b), Dec. 10, 2004, 118 Stat. 3600, provided that:
“For months beginning on or after October 1, 2005, and before January 1, 2008, subsection (a) of section 3233 of title 38, United States Code, shall be applied as if—
“(1) the reference to ‘75 percent’ in paragraph (1) were a reference to ‘85 percent’;
“(2) the reference to ‘55 percent’ in paragraph (2) were a reference to ‘65 percent’; and
“(3) the reference to ‘35 percent’ in paragraph (3) were a reference to ‘45 percent’.”
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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. § 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 pro-rated based on the actual amount of the fee charged for the test relative to the rate for 1 month payable—
(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; Pub. L. 115–48, title I, § 108(a), Aug. 16, 2017, 131 Stat. 978.)
heading: Editorial Notes
heading: Amendments
text: 2017—Subsec. (c). Pub. L. 115–48, in introductory provisions, substituted “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 “shall be determined at the rate of one month (rounded to the nearest whole month) for each amount paid that equals”.
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: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2017 Amendment
text: Pub. L. 115–48, title I, § 108(d), Aug. 16, 2017, 131 Stat. 978, provided that: “The amendments made by this Act [probably should be “this section”, amending this section and sections 3315A and 3452 of this title] shall apply to a test taken on or after August 1, 2018.”
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.”
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. § 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.
(3) 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—
(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 pro-rated based on the actual amount of the fee charged for the test relative to the rate for 1 month payable—
(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; amended Pub. L. 115–48, title I, § 108(b), Aug. 16, 2017, 131 Stat. 978.)
heading: Editorial Notes
heading: Amendments
text: 2017—Subsec. (a)(3). Pub. L. 115–48, § 108(b)(1), added par. (3).
Subsec. (c). Pub. L. 115–48, § 108(b)(2), in introductory provisions, substituted “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 “shall be determined at the rate of one month (rounded to the nearest whole month) for each amount paid that equals”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2017 Amendment
text: Amendment by Pub. L. 115–48 applicable to a test taken on or after Aug. 1, 2018, see section 108(d) of Pub. L. 115–48, set out as a note under section 3315 of this title.
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. § 3315B (VETERANS’ BENEFITS)
§ 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—
(1) the fee charged for the covered preparatory course; or
(2) 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—
(1) for the academic year beginning on August 1, 2020, $2,042; 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).
(d) Covered Preparatory Course Defined.—
In this section, the term “covered preparatory course” means a course—
(1) 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
(2) that has been approved by the State approving agency concerned.
(Added Pub. L. 116–154, § 5(a), Aug. 8, 2020, 134 Stat. 691.)
heading: Delayed Effective Date of Section
text: Section effective Aug. 1, 2021, see Effective Date note below.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 116–154, § 5(d), Aug. 8, 2020, 134 Stat. 692, provided that: “The amendment made by subsection (a) [enacting this section] shall take effect on August 1, 2021.”
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: Editorial Notes
heading: Amendments
text: 2010—Subsec. (b)(2)(B). Pub. L. 111–275 substituted “higher learning” for “higher education”.
heading: Statutory Notes and Related Subsidiaries
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.