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38 U.S.C. § 3311 — Educational assistance for service in the Armed Forces commencing on or after September 11, 2001: entitlement
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
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Source file: Laws/federal/codes/united-states-code/title-38/section-3311-educational-assistance-for-service-in-the-armed-forces-commencing-on-or--de0783358c.md
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Source location: Title 38, Chapter 33, § 3311; chapter-033-post-9-11-educational-assistance.md
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**(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 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
(ii) before completion of service on active 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 active 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
(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 active 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 6 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 active 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 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 active duty of an aggregate of 6 months, is discharged or released from active duty as described in subsection (c).
(8) An individual who is the child or spouse of a person who, on or after September 11, 2001, dies in line of duty while serving on active duty as a member of the Armed Forces.
(9) An individual who is the child or spouse of a person who, on or after September 11, 2001, dies in line of duty while serving on duty other than active duty as a member of the Armed Forces.
(10) An individual who is the child or spouse of a member of the Selected Reserve who dies on or after September 11, 2001, while a member of the Selected Reserve from a service-connected disability.
(11) An individual who is awarded the Purple Heart for service in the Armed Forces occurring on or after September 11, 2001, and continues to serve on active duty in the Armed Forces or is discharged or released from active duty as described in subsection (c).
**(c) Covered Discharges and Releases.—** A discharge or release from active duty of an individual described 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 concerned as honorable service and placement on the retired list, transfer to the Fleet Reserve or Fleet Marine 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, or for further service in the Space Force in a space force active status not on sustained duty under [section 20105 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105&num=0&edition=prelim), after service on active duty characterized by the Secretary concerned as honorable service.
(4) A discharge or release from active duty in the Armed Forces after service on active duty in the Armed Forces characterized by the Secretary concerned as honorable service 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
(C) a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as determined by the Secretary concerned in accordance with regulations prescribed by the Secretary of Defense.
**(d) Prohibition on Treatment of Certain Service as Period of Active Duty.—** Except as provided in subsection (b)(2)(B), the following periods of service shall not be considered a part of the period of active duty on which an individual’s entitlement to educational assistance under this chapter is based:
(1) A period of service on active duty of an officer pursuant to an agreement under [section 2107(b) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2107/b&num=0&edition=prelim).
(2) A period of service on active duty of an officer pursuant to an agreement under section 7448, 8459, or 9448 of title 10 or section 182 11 See References in Text note below. of title 14.
(3) A period of service that is terminated because 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
(C) a defective enlistment agreement.
**(e) Treatment of Individuals Entitled Under Multiple Provisions.—** In the event an individual entitled 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 educational assistance under this chapter by reason of paragraph (5) of subsection (b).
**(f) Marine Gunnery Sergeant John David Fry Scholarship.—**
(1) **In general.—** — Educational assistance payable by reason of paragraphs (8), (9), and (10) of subsection (b) shall be known as the “Marine Gunnery Sergeant John David Fry scholarship”.
(2) **Election on receipt of certain benefits.—** — Except as provided in paragraph (3), a surviving spouse entitled to assistance under subsection (a) pursuant to paragraphs (8), (9), and (10) of subsection (b) who is also entitled to educational assistance under chapter 35 of this title may not receive assistance under both this section and such chapter, but shall make an irrevocable election (in such form and manner as the Secretary may prescribe) under which section or chapter to receive educational assistance.
(3) **Exception for certain elections.—**
(A) *In general.—* — An election made under paragraph (2) by a spouse described in subparagraph (B) may not be treated as irrevocable if such election occurred before the date of the enactment of this paragraph.
(B) *Eligible surviving spouse.—* — A spouse described in this subparagraph is an individual—
(i) who is entitled to assistance under subsection (a) pursuant to paragraphs (8), (9), and (10) of subsection (b); and
(ii) who was the spouse of a member of the Armed Forces who died during the period beginning on September 11, 2001, and ending on December 31, 2005.
(4) **Definition of child.—** — For purposes of paragraphs (8), (9), and (10) of subsection (b), the term “child” includes a married individual or an individual who is above the age of twenty-three years.
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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) Enlisted Members.—** An authority designated by the Secretary of the Air Force may order an enlisted member of the Space Force in a space force active status to sustained duty, or retain an enlisted member on sustained duty, with the consent of that member, as specified in the terms of the member’s enlistment or reenlistment agreement.
**(b) Officers.—**
(1) An authority designated by the Secretary of the Air Force may order a Space Force officer in a space force active status to sustained duty—
(A) with the consent of the officer; or
(B) to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law.
(2) An officer ordered to sustained duty under paragraph (1) may not be released from sustained duty without the officer’s consent except as provided in chapter 2009 or 2011 of this title.
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Federal law — U.S. Code and appendices · legal_authorities
**(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—
(1) in the case of an individual whose last discharge or release from active duty is before January 1, 2013, expires at the end of the 15-year period beginning on the date of such discharge or release; or
(2) in the case of an individual whose last discharge or release from active duty is on or after January 1, 2013, shall not expire.
**(b) Exceptions.—**
(1) **Applicability of section 3031 to running of period.—**
(A) Subsections (b), (c), (d), and (i) 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).
(B) Subsection (i) of section 3031 shall apply with respect to the running of the 15-year period described in paragraphs (4)(A) and (5)(A) of this subsection in the same manner as such subsection applies under [section 3031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3031&num=0&edition=prelim) with respect to the running of the 10-year period described in [section 3031(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3031/a&num=0&edition=prelim).
(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, exce
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Payment.—** The Secretary shall pay to each individual 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 educational costs for pursuit of such program of education.
**(b) Approved Programs of Education.—** A program of education is an approved program of education for purposes of this chapter if the program of education is approved for purposes of chapter 30 (including approval by the State approving agency concerned).
**(c) Programs of Education Leading to a Degree Pursued at Institutions of Higher Learning on More Than Half-time Basis.—** The amounts payable under this subsection for pursuit of an approved program of education leading to a degree at an institution of higher learning (as that term is defined in section 3452(f)) are amounts as follows:
(1) In the case of an individual entitled to educational assistance under this chapter by reason of paragraph (1), (2), (8), (9), (10), or (11) of section 3311(b), amounts as follows:
(A) An amount equal to the following:
(i) In the case of a program of education pursued at a public institution of higher learning, the actual net cost for in-State tuition and fees assessed by the institution for the program of education after the application of—
(I) any waiver of, or reduction in, tuition and fees; and
(II) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 ([20 U.S.C. 1070a(b)](https://uscode.house.gov/view.xhtml?req=granuleid:
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3313
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3316
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Program.—** In instances where the educational assistance provided pursuant to section 3313(c)(1)(A) does not cover the full cost of tuition and fees for a program of education, the Secretary shall carry out a program under which colleges and universities can, voluntarily, enter into an agreement with the Secretary to cover a portion of such tuition and fees not otherwise covered under subsection (c)(1)(A) or (e)(2)(A) of [section 3313 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3313&num=0&edition=prelim), 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), (2), (8), (9), (10), and (11) of section 3311(b).
**(b) Designation of Program.—** The program under this section shall be known as the “Yellow Ribbon G.I. Education Enhancement Program”.
**(c) Agreements.—** The Secretary shall enter into an agreement with each college or university seeking to participate in the program under this section. Each agreement shall specify the following:
(1) The manner (whether by direct grant, scholarship, 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.
(4) Such other matters as the Secretary and the college or university concerned jointly consider appropriate.
**(d) Matching Contributions.—**
(1) **In general.—** — In instances where the educational as
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to the limitation under subsection (f), the Secretary shall provide additional benefits to eligible individuals selected by the Secretary under this section. Such benefits shall be known as the “Edith Nourse Rogers STEM Scholarship”.
**(b) Eligibility.—** For purposes of this section, an eligible individual is an individual—
(1) who is or was entitled to educational assistance under [section 3311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3311&num=0&edition=prelim);
(2) who has used all of the educational assistance to which the individual is entitled under this chapter or will, based on the individual’s rate of usage, use all of such assistance within 180 days of applying for benefits under this section;
(3) who applies for assistance under this section; and
(4) who—
(A) is an individual who—
(i) is enrolled in a program of education leading to a post-secondary degree that, in accordance with the guidelines of the applicable regional or national accrediting agency, requires at least the standard 120 semester (or 180 quarter) credit hours for completion in a standard, undergraduate college degree, or a dual degree program that includes such an undergraduate college degree, in—
(I) biological or biomedical science;
(II) physical science;
(III) science technologies or technicians;
(IV) computer and information science and support services;
(V) mathematics or statistics;
(VI) engineering;
(VII) engineering technologies or an engineering-related field;
(VIII) a health profession or related program;
(IX) an agriculture science program or a natural resources science program; or
(X) other subjects and fields identified
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3320
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** An individual entitled to educational 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 or [section 510 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section510&num=0&edition=prelim), or the provisions of the Hostage Relief Act of 1980 (Public Law 96–449; [5 U.S.C. 5561](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561&num=0&edition=prelim) note) may not receive assistance under two or more such programs concurrently, but shall elect (in such form and manner as the Secretary may prescribe) under which chapter or provisions to receive educational 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 prescribe) under which chapter such service is to be credited.
**(d) Additional Coordination Matters.—** In the case of an individual entitled to 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, or making contributions toward entitlement to educational assistance under chapter 30 of this title, as of August 1, 2009, coordination of entitlement to e
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