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38 U.S.C. § 3317 — Public-private contributions for addi-
Federal law — U.S. Code and appendices · legal_authorities
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
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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
(a) ESTABLISHMENT OF PROGRAM.—In instances
where the educational assistance provided pur-
suant to section 3313(c)(1)(A) does not cover the
full cost of tuition and fees for a program of edu-
cation, the Secretary shall carry out a program
under which colleges and universities can, vol-
untarily, enter into an agreement with the Sec-
retary 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, which
contributions shall be matched by equivalent
contributions toward such costs by the Sec-
retary. 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 ‘‘Yel-
low Ribbon G.I. Education Enhancement Pro-
gram’’.
(c) AGREEMENTS.—The Secretary shall enter
into an agreement with each college or univer-
sity 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 con-
cerned.
(2) The maximum amount of the contribu-
tion to be made by the college or university
concerned with respect to any particular indi-
vidual 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 edu-
cational 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 pro-
vide up to 50 percent of the remaining costs
for tuition and mandatory fees if the college
or university voluntarily enters into an agree-
ment 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 pur-
poses of paragraph (1).
(e) OUTREACH.—The Secretary shall make
available on the Internet website of the Depart-
ment available to the public a current list of the
colleges and universities participating in the
program under this section. The list shall speci-
fy, for each college or university so listed, ap-
propriate information on the agreement between
the Secretary and such college or university
under subsection (c).
(Added Pub. L. 110–252, title V, § 5003(a)(1), June
30, 2008, 122 Stat. 2368; amended Pub. L. 115–48,
title I, §§ 103(a), 104(a), 105(c)(4), Aug. 16, 2017, 131
Stat. 975, 976; Pub. L. 116–315, title I, §§ 1002(b)(3),
1008, Jan. 5, 2021, 134 Stat. 4938, 4940.)
Editorial Notes
AMENDMENTS
2021—Subsec. (a). Pub. L. 116–315, § 1008, substituted
‘‘the full cost of tuition and fees for a program of edu-
cation’’ for ‘‘the full cost of established charges (as
specified in section 3313)’’ and ‘‘such tuition and fees’’
for ‘‘those established charges’’.
Pub. L. 116–315, § 1002(b)(3), substituted ‘‘paragraphs
(1), (2), (8), (9), (10), and (11)’’ for ‘‘paragraphs (1), (2), (8),
and (9)’’.
2017—Subsec. (a). Pub. L. 115–48, § 105(c)(4), sub-
stituted ‘‘paragraphs (1), (2), (8), and (9)’’ for ‘‘para-
graphs (1), (2), (9), and (10)’’.
Pub. L. 115–48, § 104(a), which directed substitution of
‘‘subsection (c)(1)(A) or (e)(2)(A) of section 3313 of this
title’’ for ‘‘section 3313(c)(1)(A)’’ in the first sentence,
was
executed
in
both
places
where
‘‘section
3313(c)(1)(A)’’ appeared, to reflect the probable intent of
Congress.
Pub. L. 115–48, § 103(a), substituted ‘‘paragraphs (1),
(2), (9), and (10)’’ for ‘‘paragraphs (1) and (2)’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by section 1002(b)(3) of Pub. L. 116–315 ef-
fective immediately after the amendments made by
Page 739
TITLE 38—VETERANS’ BENEFITS
§ 3319
section 105 of Pub. L. 115–48 [amendments effective Aug.
1, 2020] and applicable with respect to a quarter, semes-
ter, or term, commencing on or after Aug. 1, 2021, see
section 1002(c) of Pub. L. 116–315, set out as a note under
section 3311 of this title.
EFFECTIVE DATE OF 2017 AMENDMENT
Pub. L. 115–48, title I, § 103(b), Aug. 16, 2017, 131 Stat.
975, provided that: ‘‘The amendment made by sub-
section (a) [amending this section] shall take effect on
August 1, 2018.’’
Pub. L. 115–48, title I, § 104(b), Aug. 16, 2017, 131 Stat.
975, provided that: ‘‘The amendment made by sub-
section (a) [amending this section] shall take effect on
August 1, 2022.’’
Amendment by section 105(c)(4) of Pub. L. 115–48 ef-
fective 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
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.
PAT TILLMAN VETERANS’ SCHOLARSHIP INITIATIVE
Pub. L. 111–275, title I, § 107, Oct. 13, 2010, 124 Stat.
2872, provided that:
‘‘(a) AVAILABILITY OF SCHOLARSHIP INFORMATION.—By
not later than June 1, 2011, the Secretary of Veterans
Affairs shall include on the Internet website of the De-
partment of Veterans Affairs a list of organizations
that provide scholarships to veterans and their sur-
vivors and, for each such organization, a link to the
Internet website of the organization.
‘‘(b) MAINTENANCE
OF SCHOLARSHIP INFORMATION.—
The Secretary of Veterans Affairs shall make reason-
able efforts to notify schools and other appropriate en-
tities of the opportunity to be included on the Internet
website of the Department of Veterans Affairs pursuant
to subsection (a).’’
§ 3318. Additional assistance: relocation or travel
assistance for individual relocating or trav-
eling significant distance for pursuit of a
program of education
(a) ADDITIONAL ASSISTANCE.—Each individual
described in subsection (b) shall be paid addi-
tional assistance under this section in the
amount of $500.
(b) COVERED INDIVIDUALS.—An individual de-
scribed in this subsection is any individual enti-
tled to educational assistance under this chap-
ter—
(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 in-
dividual 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 sub-
section (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 re-
turn.
(3) Such other evidence as the Secretary
shall prescribe for purposes of this section.
(d) SINGLE PAYMENT OF ASSISTANCE.—An indi-
vidual is entitled to only one payment of addi-
tional 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 chap-
ter.
(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.)
Editorial Notes
AMENDMENTS
2010—Subsec. (b)(2)(B). Pub. L. 111–275 substituted
‘‘higher learning’’ for ‘‘higher education’’.
Statutory Notes and Related Subsidiaries
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.
§ 3319. Authority to transfer unused education
benefits to family members
(a) IN GENERAL.—
(1) Subject to the provisions of this section,
the Secretary concerned may permit an indi-
vidual described in subsection (b) who is enti-
tled to educational assistance under this chap-
ter to elect to transfer to one or more of the
dependents specified in subsection (c) a por-
tion of such individual’s entitlement to such
assistance, subject to the limitation under
subsection (d).
(2) The purpose of the authority in para-
graph (1) is to promote recruitment and reten-
tion in the uniformed services. The Secretary
concerned may exercise the authority for that
purpose when authorized by the Secretary of
Defense in the national security interests of
the United States.
(b) ELIGIBLE INDIVIDUALS.—An individual re-
ferred to in subsection (a) is any member of the
uniformed services who, at the time of the ap-
proval of the individual’s request to transfer en-
titlement to educational assistance under this
section, has completed at least—
(1) six years of service in the Armed Forces
and enters into an agreement to serve at least
four more years as a member of the uniformed
services; or
(2) the years of service as determined in reg-
ulations pursuant to subsection (j).
(c) ELIGIBLE DEPENDENTS.—
(1) TRANSFER.—An individual approved to
transfer an entitlement to educational assist-
ance under this section may transfer the indi-
vidual’s entitlement to an eligible dependent
or a combination of eligible dependents.
(2) DEFINITION OF ELIGIBLE DEPENDENT.—For
purposes of this subsection, the term ‘‘eligible
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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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