38 U.S.C. § 3311 — Educational assistance for service in the

Page 723 TITLE 38—VETERANS’ BENEFITS § 3311 tracked and responded to by the Departments of De- fense, Veterans Affairs, Justice, and Education, the CFPB, and other relevant agencies; (b) institute uniform procedures for receiving and processing complaints across the State Approving Agencies (SAAs) that work with the Department of Veterans Affairs to review participating institutions, provide a coordinated mechanism across SAAs to alert the Department of Veterans Affairs to any complaints that have been registered at the State level, and create procedures for sharing information about complaints with the appropriate State officials, accrediting agency representatives, and the Secretary of Education; (c) institute uniform procedures for referring poten- tial matters for civil or criminal enforcement to the Department of Justice and other relevant agencies; (d) establish procedures for targeted risk-based pro- gram reviews of institutions to ensure compliance with the Principles; (e) establish new uniform rules and strengthen exist- ing procedures for access to military installations by educational institutions. These new rules should en- sure, at a minimum, that only those institutions that enter into a memorandum of agreement pursuant to section 3(a) of this order are permitted entry onto a Federal military installation for the purposes of re- cruitment. The Department of Defense shall include specific steps for instructing installation commanders on commercial solicitation rules and the requirement of the Principles outlined in section 2(c) of this order; and (f) take all appropriate steps to ensure that websites and programs are not deceptively and fraudulently marketing educational services and benefits to pro- gram beneficiaries, including initiating a process to protect the term ‘‘GI Bill’’ and other military or vet- erans-related terms as trademarks, as appropriate. SEC. 5. General Provisions. (a) This order shall be im- plemented consistent with applicable law and subject to the availability of appropriations. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. SUBCHAPTER II—EDUCATIONAL ASSISTANCE § 3311. Educational assistance for service in the Armed Forces commencing on or after Sep- tember 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 de- scribed 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 serv- ice-connected disability or by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10); 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). (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 train- ing); and (B) after completion of service described in subparagraph (A)— (i) continues on active duty for an aggre- gate of less than 36 months; or (ii) before completion of service on ac- tive 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 train- ing); and (B) after completion of service described in subparagraph (A)— (i) continues on active duty for an aggre- gate of less than 30 months; or (ii) before completion of service on ac- tive 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 train- ing); and (B) after completion of service described in subparagraph (A)— (i) continues on active duty for an aggre- gate of less than 24 months; or (ii) before completion of service on ac- tive 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 Page 724 TITLE 38—VETERANS’ BENEFITS § 3311 1 See References in Text note below. months, but less than 18 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill train- ing); and (B) after completion of service described in subparagraph (A)— (i) continues on active duty for an aggre- gate of less than 18 months; or (ii) before completion of service on ac- tive 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 aggre- gate of less than 6 months; or (ii) before completion of service on ac- tive 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-con- nected disability. (11) An individual who is awarded the Purple Heart for service in the Armed Forces occur- ring on or after September 11, 2001, and con- tinues 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 indi- vidual 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 Sec- retary 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 re- tired list. (3) A release from active duty in the Armed Forces for further service in a reserve compo- nent of the Armed Forces, or for further serv- ice in the Space Force in a space force active status not on sustained duty under section 20105 of title 10, 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 indi- vidual’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 individ- ual’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 sec- tion 2107(b) of title 10. (2) A period of service on active duty of an officer pursuant to an agreement under sec- tion 7448, 8459, or 9448 of title 10 or section 182 1 of title 14. (3) A period of service that is terminated be- cause of a defective enlistment and induction based on— (A) the individual’s being a minor for pur- poses 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 indi- vidual shall be treated as being entitled to edu- cational 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 pay- able by reason of paragraphs (8), (9), and (10) of subsection (b) shall be known as the ‘‘Marine Gunnery Sergeant John David Fry scholar- ship’’. (2) ELECTION ON RECEIPT OF CERTAIN BENE- FITS.—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 edu- cational assistance. (3) EXCEPTION FOR CERTAIN ELECTIONS.— (A) IN GENERAL.—An election made under paragraph (2) by a spouse described in sub- paragraph (B) may not be treated as irrev- ocable if such election occurred before the date of the enactment of this paragraph. Page 725 TITLE 38—VETERANS’ BENEFITS § 3311 (B) ELIGIBLE SURVIVING SPOUSE.—A spouse described in this subparagraph is an indi- vidual— (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 pe- riod 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 twen- ty-three years. (Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2359; amended Pub. L. 111–32, title X, § 1002(a), June 24, 2009, 123 Stat. 1889; Pub. L. 111–377, title I, § 101(b), (c), Jan. 4, 2011, 124 Stat. 4107; Pub. L. 113–146, title VII, § 701(a), (b), Aug. 7, 2014, 128 Stat. 1795; Pub. L. 114–315, title IV, § 401(b), (c), Dec. 16, 2016, 130 Stat. 1553; Pub. L. 115–48, title I, §§ 102(a), 105(a), (c)(1), Aug. 16, 2017, 131 Stat. 975; Pub. L. 115–232, div. A, title VIII, § 809(n)(3), Aug. 13, 2018, 132 Stat. 1844; Pub. L. 116–315, title I, § 1002(a), (b)(1), Jan. 5, 2021, 134 Stat. 4938; Pub. L. 117–333, § 10(b), (c), Jan. 5, 2023, 136 Stat. 6131, 6132; Pub. L. 118–31, div. A, title XVII, § 1723(c)(2), Dec. 22, 2023, 137 Stat. 675; Pub. L. 118–210, title II, § 202, Jan. 2, 2025, 138 Stat. 2762.) Editorial Notes REFERENCES IN TEXT Section 182 of title 14, referred to in subsec. (d)(2), was repealed by Pub. L. 115–282, title I, § 110(c)(2), Dec. 4, 2018, 132 Stat. 4215. The date of the enactment of this paragraph, referred to in subsec. (f)(3)(A), is the date of enactment of Pub. L. 114–315, which was approved Dec. 16, 2016. AMENDMENTS 2025—Subsec. (f)(2). Pub. L. 118–210, § 202(1)–(3), redes- ignated par. (3) as (2), substituted ‘‘in paragraph (3)’’ for ‘‘in paragraph (4)’’, and struck out former par. (2) which related to limitations on entitlement to edu- cational assistance. Subsec. (f)(3). Pub. L. 118–210, § 202(2), redesignated par. (4) as (3). Former par. (3) redesignated (2). Subsec. (f)(3)(A). Pub. L. 118–210, § 202(4), substituted ‘‘under paragraph (2)’’ for ‘‘under paragraph (3)’’. Subsec. (f)(4), (5). Pub. L. 118–210, § 202(2), redesignated par. (5) as (4). Former par. (4) redesignated (3). 2023—Subsec. (b)(2). Pub. L. 117–333, 10(b)(1)–(3), struck out ‘‘who’’ after ‘‘individual’’ in introductory provisions, inserted ‘‘(A) who—’’ after ‘‘individual—’’, and redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A) and realigned mar- gins. Subsec. (b)(2)(A)(ii). Pub. L. 117–333, § 10(b)(4), sub- stituted ‘‘in clause (i)’’ for ‘‘in subparagraph (A)’’ and ‘‘or by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10); or’’ for pe- riod at end. Subsec. (b)(2)(B). Pub. L. 117–333, § 10(b)(5), added sub- par. (B). Former subpar. (B) redesignated (A)(ii). Subsec. (c)(3). Pub. L. 118–31, which directed insertion of ‘‘, or for further service in the Space Force in a space force active status not on sustained duty under section 20105 of title 10,’’ after ‘‘of the Armed Forces’’ second time appearing, was executed by making the in- sertion after ‘‘of the Armed Forces’’ the only time the phrase appeared to reflect the probable intent of Con- gress. Subsec. (d). Pub. L. 117–333, § 10(c), substituted ‘‘Ex- cept as provided in subsection (b)(2)(B), the following’’ for ‘‘The following’’ in introductory provisions. 2021—Subsec. (b)(9) to (11). Pub. L. 116–315, § 1002(a), added pars. (9) and (10) and redesignated former par. (9) as (11). Subsec. (f). Pub. L. 116–315, § 1002(b)(1), substituted ‘‘paragraphs (8), (9), and (10)’’ for ‘‘paragraph (8)’’ wher- ever appearing. 2018—Subsec. (d)(2). Pub. L. 115–232 substituted ‘‘sec- tion 7448, 8459, or 9448 of title 10’’ for ‘‘section 4348, 6959, or 9348 of title 10’’. 2017—Subsec. (b)(6)(A). Pub. L. 115–48, § 105(a)(1), sub- stituted ‘‘6 months’’ for ‘‘12 months’’. Subsec. (b)(7) to (9). Pub. L. 115–48, § 105(a)(2), (3), re- designated pars. (8) to (10) as (7) to (9), respectively, and struck out former par. (7) which read as follows: ‘‘An individual who— ‘‘(A) commencing on or after September 11, 2001, serves an aggregate of at least 6 months, but less than 12 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 sub- paragraph (A)— ‘‘(i) continues on active duty for an aggregate of less than 12 months; or ‘‘(ii) before completion of service on active duty of an aggregate of 12 months, is discharged or re- leased from active duty as described in subsection (c).’’ Subsec. (b)(10). Pub. L. 115–48, § 105(a)(3), redesignated par. (10) as (9). Pub. L. 115–48, § 102(a), added par. (10). Subsec. (f). Pub. L. 115–48, § 105(c)(1), substituted ‘‘paragraph (8)’’ for ‘‘paragraph (9)’’ wherever appear- ing. 2016—Subsec. (f)(3). Pub. L. 114–315, § 401(b)(1), sub- stituted ‘‘Except as provided in paragraph (4), a sur- viving spouse’’ for ‘‘A surviving spouse’’. Subsec. (f)(4). Pub. L. 114–315, § 401(b)(3), added par. (4). Former par. (4) redesignated (5). Subsec. (f)(5). Pub. L. 114–315, § 401(b)(2), (c), redesig- nated par. (4) as (5) and substituted ‘‘paragraph (9) of subsection (b)’’ for ‘‘that paragraph’’. 2014—Subsec. (b)(9). Pub. L. 113–146, § 701(a), inserted ‘‘or spouse’’ after ‘‘child’’. Subsec. (f)(2) to (4). Pub. L. 113–146, § 701(b), added pars. (2) and (3) and redesignated former par. (2) as (4). 2011—Subsec. (c)(4). Pub. L. 111–377, § 101(b), sub- stituted ‘‘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 discharge or release from ac- tive duty in the Armed Forces’’ in introductory provi- sions. Subsec. (d)(2). Pub. L. 111–377, § 101(c), inserted ‘‘or section 182 of title 14’’ before period at end. 2009—Subsec. (b)(9). Pub. L. 111–32, § 1002(a)(1), added par. (9). Subsec. (f). Pub. L. 111–32, § 1002(a)(2), added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–315, title I, § 1002(c), Jan. 5, 2021, 134 Stat. 4939, provided that: ‘‘The amendments made by this section [amending this section and sections 3313, 3317, 3320, and 3322 of this title] shall take effect imme- diately after the amendments made by section 105 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48) [see section 105(d) of Pub. L. 115–48 set out as a note below] take effect [Aug. 1, 2020] and shall apply with respect to a quarter, se- mester, or term, as applicable, commencing on or after August 1, 2021.’’ EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and Page 726 TITLE 38—VETERANS’ BENEFITS § 3312 special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–48, title I, § 102(c), Aug. 16, 2017, 131 Stat. 975, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 3313 of this title] shall take effect on August 1, 2018.’’ Pub. L. 115–48, title I, § 105(d), Aug. 16, 2017, 131 Stat. 977, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 3313, 3316, 3317, 3321, 3322, and 3679 of this title] shall take effect on Au- gust 1, 2020.’’ EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–146, title VII, § 701(d), Aug. 7, 2014, 128 Stat. 1796, as amended by Pub. L. 114–315, title IV, § 401(a), Dec. 16, 2016, 130 Stat. 1553, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending this section and section 3321 of this title] shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after January 1, 2015. ‘‘(2) DEATHS THAT OCCURRED BETWEEN SEPTEMBER 11, 2001, AND DECEMBER 31, 2005.—For purposes of section 3311(f)(2) of title 38, United States Code, any member of the Armed Forces who died during the period beginning on September 11, 2001, and ending on December 31, 2005, is deemed to have died on January 1, 2006.’’ EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–377, title I, § 101(d)(4), (5), Jan. 4, 2011, 124 Stat. 4108, provided that: ‘‘(4) HONORABLE SERVICE REQUIREMENT.—The amend- ment made by subsection (b) [amending this section] shall take effect on the date of the enactment of this Act [Jan. 4, 2011], and shall apply with respect to dis- charges and releases from the Armed Forces that occur on or after that date. ‘‘(5) SERVICE IN CONNECTION WITH ATTENDANCE AT COAST GUARD ACADEMY.—The amendment made by sub- section (c) [amending this section] shall take effect on the date of the enactment of this Act, and shall apply with respect to individuals entering into agreements on service in the Coast Guard on or after that date.’’ EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–32, title X, § 1002(d), June 24, 2009, 123 Stat. 1890, provided that: ‘‘(1) EFFECTIVE DATE.—The amendments made by this section [amending this section and sections 3313 and 3321 of this title] shall take effect on August 1, 2009. ‘‘(2) APPLICABILITY.—The Secretary of Veterans Af- fairs shall begin making payments to individuals enti- tled to educational assistance by reason of paragraph (9) of section 3311(b) [now 38 U.S.C. 3311(b)(8)] of title 38, United States Code, as added by subsection (a), by not later than August 1, 2010. In the case of an individual entitled to educational assistance by reason of such paragraph for the period beginning on August 1, 2009, and ending on July 31, 2010, the Secretary shall make retroactive payments to such individual for such period by not later than August 1, 2010.’’ 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. CONSTRUCTION OF COVERED INDIVIDUALS Pub. L. 115–48, title I, § 106(c), Aug. 16, 2017, 131 Stat. 977, provided that: ‘‘Section 3311(b)(6) of title 38, United States Code, shall be construed to include an individual who, before November 25, 2015, established eligibility for educational assistance under chapter 1607 of title 10, United States Code, pursuant to section 16163(b) of such title, but lost such eligibility pursuant to section 16167(b) of such title.’’ TEMPORARY EXPANSION OF ELIGIBILITY FOR MARINE GUNNERY SERGEANT JOHN DAVID FRY SCHOLARSHIP Pub. L. 118–210, title II, § 201, Jan. 2, 2025, 138 Stat. 2762, provided that: ‘‘(a) IN GENERAL.—The Secretary of Veterans Affairs shall treat an individual described in subsection (b) as a covered individual described in section 3311(b) of title 38, United States Code. ‘‘(b) COVERED INDIVIDUAL DESCRIBED.—An individual described in this subsection is an individual who is the child or spouse of a person— ‘‘(1) who dies from a service-connected disability during the 120-day period immediately following the day on which the person was discharged or released from duty as a member of the Armed Forces (without regard to whether such duty was active duty); and ‘‘(2)(A) who received an honorable discharge; or ‘‘(B) whose service in the Armed Forces is charac- terized by the Secretary concerned as honorable serv- ice. ‘‘(c) APPLICABILITY.—This section shall apply with re- spect to— ‘‘(1) deaths that occur before, on, or after the date of the enactment of this Act [Jan 2, 2025]; and ‘‘(2) a quarter, semester, or term, as applicable, commencing— ‘‘(A) on or after August 1, 2025; and ‘‘(B) before October 1, 2027.’’ § 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 edu- cational assistance under section 3313 by an in- dividual 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 edu- cational assistance described in paragraph (2) shall not— (A) be charged against any entitlement to educational assistance of the individual con- cerned under this chapter; or (B) be counted against the aggregate pe- riod for which section 3695 limits the indi- vidual’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 as- sistance 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 serv- ing on active duty, had to discontinue such course pursuit as a result of being called or ordered to serve on active duty under sec- tion 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