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38 U.S.C. § 3317 — Public-private contributions for additional educational assistance

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3317 — Public-private contributions for additional educational assistance

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Source file: Laws/federal/codes/united-states-code/title-38/section-3317-public-private-contributions-for-additional-educational-assistance--3aebffedb2.md
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Source location: Title 38, Chapter 33, § 3317; chapter-033-post-9-11-educational-assistance.md

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**(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 assistance provided an individual under section 3313(c)(1)(A) does not cover the full cost of tuition and mandatory fees at a college or university, the Secretary shall provide up to 50 percent of the remaining costs for tuition and mandatory fees if the college or university voluntarily enters into an agreement with the Secretary to match an equal percentage of any of the remaining costs for such tuition and fees. (2) **Use of appropriated funds.—** — Amounts available to the Secretary under section 3324(b) for payment of the costs of this chapter shall be available to the Secretary for purposes of paragraph (1). **(e) Outreach.—** The Secretary shall make available on the Internet website of the Department available to the public a current list of the colleges and universities participating in the program under this section. The list shall specify, for each college or university so listed, appropriate information on the agreement between the Secretary and such college or university under subsection (c).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16163 — Eligibility for educational assistance

**(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

38 U.S.C. § 3311 — Educational assistance for service in the Armed Forces commencing on or after September 11, 2001: entitlement

**(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

38 U.S.C. § 3313 — Educational assistance: amount; payment

**(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

38 U.S.C. § 3320 — Edith Nourse Rogers STEM Scholarship

**(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

38 U.S.C. § 3685 — Overpayments to eligible persons or veterans

**(a)** Whenever the Secretary finds that an overpayment has been made to a veteran or eligible person relating to educational assistance under a law administered by the Secretary, the amount of such overpayment shall constitute a liability of such veteran or eligible person to the United States. **(b)** Any overpayment to a veteran or eligible person with respect to pursuit by the veteran or eligible person of a program of education at an educational institution shall constitute a liability of the educational institution to the United States if— (1) the Secretary finds that the overpayment has been made as the result of— (A) the willful or negligent failure of an educational institution to report, as required under this chapter or chapter 34 or 35 of this title, to the Department of Veterans Affairs excessive absences from a course, or discontinuance or interruption of a course by the veteran or eligible person; or (B) the willful or negligent false certification by an educational institution; or (2) the benefit payment sent to an educational institution on behalf of an eligible veteran or person is made pursuant to— (A) [section 3313(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3313/h&num=0&edition=prelim); (B) [section 3317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3317&num=0&edition=prelim); or (C) [section 3680(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3680/d&num=0&edition=prelim); or (D) [section 3320(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3320/d&num=0&edition=prelim). **(c)** Any overpayment referred to in subsection (a) or (b) of this sect

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3685

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3317 — Public-private contributions for addi-

Page 738 TITLE 38—VETERANS’ BENEFITS § 3317 2896; Pub. L. 111–377, title I, § 109(a)–(b)(1), Jan. 4, 2011, 124 Stat. 4119, 4120; Pub. L. 115–48, title I, § 105(c)(3), Aug. 16, 2017, 131 Stat. 976.) Editorial Notes REFERENCES IN TEXT Section 5003(c)(1)(A) of the Post-9/11 Veterans Edu- cational Assistance Act of 2008, referred to in subsec. (c)(1), is section 5003(c)(1)(A) of Pub. L. 110–252, which is set out as a note under section 3301 of this title. AMENDMENTS 2017—Subsecs. (a)(1), (b)(1). Pub. L. 115–48 substituted ‘‘paragraphs (2) through (6)’’ for ‘‘paragraphs (2) through (7)’’. 2011—Subsec. (c). Pub. L. 111–377, § 109(a)(2), added subsec. (c). Former subsec. (c) redesignated (e). Subsec. (d). Pub. L. 111–377, § 109(b)(1), added subsec. (d). Subsec. (e). Pub. L. 111–377, § 109(a)(1), redesignated subsec. (c) as (e). 2010—Subsec. (b)(2). Pub. L. 111–275, § 1001(g)(4), sub- stituted ‘‘supplemental’’ for ‘‘supplement’’. Subsec. (b)(3). Pub. L. 111–275, § 1001(g)(5), substituted ‘‘educational assistance payable under section 3022’’ for ‘‘educational payable under section 3022’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–48 effective Aug. 1, 2020, see section 105(d) of Pub. L. 115–48, set out as a note under section 3311 of this title. EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 111–377 effective Aug. 1, 2011, see section 109(c) of Pub. L. 111–377, set out as a note under section 2006 of Title 10, Armed Forces. EFFECTIVE DATE 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. § 3317. Public-private contributions for addi- tional educational assistance

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3317

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