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38 U.S.C. § 3316 — Supplemental educational assistance: members with critical skills or specialty; members serving additional service
Federal law — U.S. Code and appendices · legal_authorities
**(a) Increased Assistance for Members With Critical Skills or Specialty.—**
(1) **In general.—** — In the case of an individual who has a skill or specialty designated by the Secretary concerned as a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit or, in the case of critical units, retain personnel, the Secretary concerned may increase the monthly amount of educational assistance otherwise payable to the individual under paragraph (1)(B) of section 3313(c), or under paragraphs (2) through (6) of such section (as applicable).
(2) **Maximum amount of increase in assistance.—** — The amount of the increase in educational assistance authorized by paragraph (1) may not exceed the amount equal to the monthly amount of increased basic educational assistance providable under section 3015(d)(1) at the time of the increase under paragraph (1).
**(b) Supplemental Assistance for Additional Service.—**
(1) **In general.—** — The Secretary concerned may provide for the payment to an individual entitled to educational assistance under this chapter of supplemental educational assistance for additional service authorized by subchapter III of chapter 30. The amount so payable shall be payable as an increase in the monthly amount of educational assistance otherwise payable to the individual under paragraph (1)(B) of section 3313(c), or under paragraphs (2) through (6) of such section (as applicable).
(2) **Eligibility.—** — Eligibility for supplemental educational assistance under this subsection shall be determined in accordance with the provisions of subchapter III of chapter 30, except that any reference in such provisions to eligibility for basic educational assistance under a provision of subchapter II of chapter 30
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Source location: Title 38, Chapter 33, § 3316; chapter-033-post-9-11-educational-assistance.md
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**(a) Increased Assistance for Members With Critical Skills or Specialty.—**
(1) **In general.—** — In the case of an individual who has a skill or specialty designated by the Secretary concerned as a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit or, in the case of critical units, retain personnel, the Secretary concerned may increase the monthly amount of educational assistance otherwise payable to the individual under paragraph (1)(B) of section 3313(c), or under paragraphs (2) through (6) of such section (as applicable).
(2) **Maximum amount of increase in assistance.—** — The amount of the increase in educational assistance authorized by paragraph (1) may not exceed the amount equal to the monthly amount of increased basic educational assistance providable under section 3015(d)(1) at the time of the increase under paragraph (1).
**(b) Supplemental Assistance for Additional Service.—**
(1) **In general.—** — The Secretary concerned may provide for the payment to an individual entitled to educational assistance under this chapter of supplemental educational assistance for additional service authorized by subchapter III of chapter 30. The amount so payable shall be payable as an increase in the monthly amount of educational assistance otherwise payable to the individual under paragraph (1)(B) of section 3313(c), or under paragraphs (2) through (6) of such section (as applicable).
(2) **Eligibility.—** — Eligibility for supplemental educational assistance under this subsection shall be determined in accordance with the provisions of subchapter III of chapter 30, except that any reference in such provisions to eligibility for basic educational assistance under a provision of subchapter II of chapter 30 shall be treated as a reference to eligibility for educational assistance under the appropriate provision of this chapter.
(3) **Amount.—** — The amount of supplemental educational assistance payable under this subsection shall be the amount equal to the monthly amount of supplemental educational assistance payable under section 3022.
**(c) Continuation of Increased Educational Assistance.—**
(1) **In general.—** — An individual who made an election to receive educational assistance under this chapter pursuant to section 5003(c)(1)(A) of the Post-9/11 Veterans Educational Assistance Act of 2008 ([38 U.S.C. 3301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3301&num=0&edition=prelim) note) and who, at the time of the election, was entitled to increased educational assistance under section 3015(d) or [section 16131(i) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16131/i&num=0&edition=prelim) shall remain entitled to increased educational assistance in the utilization of the individual’s entitlement to educational assistance under this chapter.
(2) **Rate.—** — The monthly rate of increased educational assistance payable to an individual under paragraph (1) shall be—
(A) the rate of educational assistance otherwise payable to the individual under section 3015(d) or [section 16131(i) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16131/i&num=0&edition=prelim), as the case may be, had the individual not made the election described in paragraph (1), multiplied by
(B) the lesser of—
(i) 1.0; or
(ii) the number of course hours borne by the individual in pursuit of the program of education involved divided by the minimum number of course hours required for full-time pursuit of the program of education, rounded to the nearest multiple of 10.
(3) **Frequency of payment.—** — Payment of the amounts payable under paragraph (1) during pursuit of a program of education shall be made on a monthly basis.
**(d) Funding.—** Payments for increased educational assistance under this section shall be made from the Department of Defense Education Benefits Fund under [section 2006 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2006&num=0&edition=prelim) or from appropriations available to the Department of Homeland Security for that purpose, as applicable.
**(e) Regulations.—** The Secretaries concerned shall administer this section in accordance with such regulations as the Secretary of Defense shall prescribe.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “active duty” has the meanings as follows (subject to the limitations specified in sections 3002(6) and 3311(b)):
(A) In the case of members of the regular components of the Armed Forces, the meaning given such term in section 101(21)(A).
(B) In the case of members of the reserve components of the Armed Forces, service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304, 12304a, or 12304b of title 10 or section 712 11 See References in Text note below. of title 14.
(C) In the case of a member of the Army National Guard of the United States or Air National Guard of the United States, in addition to service described in subparagraph (B), full-time service—
(i) in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or
(ii) in the National Guard under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.
(2) The term “emergency situation” has the meaning given such term in [section 3601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3601&num=0&edition=prelim).
(3) The term “entry level and skill training” means the following:
(A) In the case of members of the Army, Basic Combat Training and Advanced Individual Training or One Station Unit 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 th
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility.—** On or after September 11, 2001, a member of a reserve component is entitled to educational assistance under this chapter if the member—
(1) served on active duty in support of a contingency operation for 90 consecutive days or more; or
(2) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performed full time National Guard duty under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) for 90 consecutive days or more when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.
**(b) Disabled Members.—** Notwithstanding the eligibility requirements in subsection (a), a member who was ordered to active service as prescribed under subsection (a)(1) or (a)(2) but is released from duty before completing 90 consecutive days because of an injury, illness or disease incurred or aggravated in the line of duty shall be entitled to educational assistance under this chapter at the rate prescribed in [section 16162(c)(4)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16162/c/4/A&num=0&edition=prelim).
**(c) Written Notification.—**
(1) Each member who becomes entitled to educational assistance under subsection (a) shall be given a statement in writing prior to release from active service that summarizes the provisions of this chapter and stating clearly and prominently the substance of [section 16165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16165&num=0&edition=prelim) as such section may apply to the member.
(2
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is established on the books of the Treasury a fund to be known as the Department of Defense Education Benefits Fund (hereinafter in this section referred to as the “Fund”), which shall be administered by the Secretary of the Treasury. The Fund shall be used for the accumulation of funds in order to finance armed forces education liabilities on an actuarially sound basis.
**(b)** In this section:
(1) The term “armed forces education liabilities” means liabilities of the armed forces for benefits under chapter 30 or 33 of title 38 and for Department of Defense benefits under paragraphs (3) and (4) of section 510(e) and chapters 1606 and 1607 of this title, including funds provided by the Secretary of Homeland Security for education liabilities for the Coast Guard when it is not operating as a service in the Department of the Navy.
(2) The term “normal cost”, with respect to any period of time, means the total of the following:
(A) The present value of the future benefits payable from the Fund for amounts attributable to increased amounts of educational assistance authorized under [section 3015(d) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015/d&num=0&edition=prelim) to persons who were not on active duty on July 1, 1985, and who during such period enter on active duty.
(B) The present value of the future benefits payable from the Fund for amounts attributable to educational assistance authorized under subchapter III of chapter 30 of title 38 to persons who were not on active duty on July 1, 1985, and who during such period—
(i) enter a fourth year of active duty, in the case of persons eligible for basic educational assistance under section 3011 of such title; or
(ii) enter a period of service
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Federal law — U.S. Code and appendices · legal_authorities
**(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 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 active duty as described in subsection (c).
(2) An individual—
(A) who—
(i) commencing on or after September 11, 2001, serves at least 30 continuous days on active duty in the Armed Forces; and
(ii) after completion of service described in clause (i), is discharged or released from active duty in the Armed Forces for a service-connected disability or by reason of a sole survivorship discharge (as that term is defined in [section 1174(i) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/i&num=0&edition=prelim)); or
(B) who—
(i) commencing on or after September 11, 2001, completes at least 30 continuous days of service described in subsection (d)(1) or (2); and
(ii) after completion of service described in clause (i), is discharged or released by reason of a sole survivorship discharge (as that term is defined in [section 1174(i) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/i&num=0&edition=prelim)).
(3) An individual who—
(A) commencing on or after September 11, 2001, serves an aggregate of at least 30 months, but less than 36 m
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3311
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Federal law — U.S. Code and appendices · legal_authorities
Page 719
TITLE 38—VETERANS’ BENEFITS
§ 3301
SAVINGS PROVISION
Amendment by Pub. L. 102–586 not applicable to any
person receiving educational assistance for pursuit of
an independent study program in which the person was
enrolled on Oct. 29, 1992, for as long as such person is
continuously thereafter so enrolled and meets require-
ments of eligibility for such assistance, see section
313(b) of Pub. L. 102–568, set out as a note under section
16136 of Title 10, Armed Forces.
[§ 3242. Vacant]
Editorial Notes
CODIFICATION
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.
§ 3243. Deposits; reports
Deductions made by the Department of De-
fense 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 con-
tribution made by the Secretary of Defense pur-
suant to section 3222(c) of this title, as well as
any changes in each participant’s enrollment
and/or contribution. The report shall also in-
clude 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 b
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3301
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Federal law — U.S. Code and appendices · legal_authorities
Page 737
TITLE 38—VETERANS’ BENEFITS
§ 3316
(c) CHARGE AGAINST ENTITLEMENT.—The num-
ber of months of entitlement charged an indi-
vidual under this chapter for a covered pre-
paratory 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 Au-
gust 1, 2020, $2,042; or
(2) for an academic year beginning on any
subsequent August 1, the amount for the pre-
vious academic year beginning on August 1
under this subsection, as increased by the per-
centage increase equal to the most recent per-
centage 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 ad-
vance in employment in a predetermined and
identified vocation or profession; and
(2) that has been approved by the State ap-
proving agency concerned.
(Added Pub. L. 116–154, § 5(a), Aug. 8, 2020, 134
Stat. 691.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 116–154, § 5(d), Aug. 8, 2020, 134 Stat. 692, pro-
vided that: ‘‘The amendment made by subsection (a)
[enacting this section] shall take effect on August 1,
2021.’’
§ 3316.
Supplemental
educational
assistance:
members with critical skills or specialty;
members serving additional service
(a) INCREASED ASSISTANCE FOR MEMBERS WITH
CRITICAL SKILLS OR SPECIALTY.—
(1) IN GENERAL.—In the case of an individual
who has a skill or specialty designated by the
Secretary concerned as a skill or specialty in
which there is a critical shortage of personnel
or for which it is difficult to recruit or, in the
case
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3316
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