38 U.S.C. § 3301 — Definitions

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 L. 101–237, title IV, § 423(b)(1)(A), (4)(A), Dec. 18, 1989, 103 Stat. 2092, was repealed by Pub.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 by individual participants and by the Secretary of Defense as well as disbursements made from the fund in the form of benefits. (Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2397, § 1643; amended Pub. L. 98–160, title VII, § 702(9), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 101–237, title IV, § 423(b)(1)(A), (4)(D), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3243 and amend- ed Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes PRIOR PROVISIONS Prior sections 3301 to 3305 and 3311 to 3313, which com- prised chapter 57, were renumbered sections 5701 to 5705 and 5711 to 5713, respectively, of this title. Prior sections 3401 to 3405, which comprised chapter 59, were renumbered sections 5901 to 5905, respectively, of this title. AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1643 of this title as this section and substituted ‘‘3222(c)’’ for ‘‘1622(c)’’. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing and inserted ‘‘of De- fense’’ after ‘‘Secretary’’ in four places. 1983—Pub. L. 98–160 inserted ‘‘of this title’’ after ‘‘sec- tion 1622(c)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title. CHAPTER 33—POST–9/11 EDUCATIONAL ASSISTANCE SUBCHAPTER I—DEFINITIONS Sec. 3301. Definitions. SUBCHAPTER II—EDUCATIONAL ASSISTANCE 3311. Educational assistance for service in the Armed Forces commencing on or after Sep- tember 11, 2001: entitlement. 3312. Educational assistance: duration. 3313. Educational assistance: amount; payment. 3314. Tutorial assistance. 3315. Licensure and certification tests. 3315A. National tests. 3315B. Preparatory courses for licensure, certifi- cation, or national tests. 3316. Supplemental educational assistance: mem- bers with critical skills or specialty; mem- bers serving additional service. 3317. Public-private contributions for additional educational assistance. 3318. Additional assistance: relocation or travel as- sistance for individual relocating or trav- eling significant distance for pursuit of a program of education. 3319. Authority to transfer unused education bene- fits to family members. 3320. Edith Nourse Rogers STEM Scholarship. SUBCHAPTER III—ADMINISTRATIVE PROVISIONS 3321. Time limitation for use of and eligibility for entitlement. 3322. Bar to duplication of educational assistance benefits. 3323. Administration. 3324. Allocation of administration and costs. 3325. Reporting requirement. 3326. Report on student progress. 3327. Election to receive educational assistance. Editorial Notes AMENDMENTS 2020—Pub. L. 116–154, § 5(b), Aug. 8, 2020, 134 Stat. 692, added item 3315B. 2017—Pub. L. 115–48, title I, § 111(b), Aug. 16, 2017, 131 Stat. 983, added item 3320. 2016—Pub. L. 114–315, title IV, §§ 404(b), 405(b), Dec. 16, 2016, 130 Stat. 1554, 1558, added items 3326 and 3327. 2012—Pub. L. 112–154, title IV, § 402(a)(2), Aug. 6, 2012, 126 Stat. 1189, added item 3325. 2011—Pub. L. 111–377, title I, § 108(a)(2), Jan. 4, 2011, 124 Stat. 4119, added item 3315A. SUBCHAPTER I—DEFINITIONS § 3301. Definitions 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 mean- ing 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), Page 720 TITLE 38—VETERANS’ BENEFITS § 3301 1 See References in Text note below. 12301(g), 12301(h), 12302, 12304, 12304a, or 12304b of title 10 or section 712 1 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 ad- dition 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 Na- tional Guard; or (ii) in the National Guard under section 502(f) of title 32 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. (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 Indi- vidual Training or One Station Unit Train- ing. (B) In the case of members of the Navy, Recruit Training (or Boot Camp) and Skill Training (or so-called ‘‘A’’ School). (C) In the case of members of the Air Force or the Space Force, Basic Military Training and Technical Training. (D) In the case of members of the Marine Corps, Recruit Training and Marine Corps Training (or School of Infantry Training). (E) In the case of members of the Coast Guard, Basic Training and Skill Training (or so-called ‘‘A’’ School). (4) The term ‘‘program of education’’ has the meaning given such term in section 3002, ex- cept to the extent otherwise provided in sec- tion 3313. (5) The term ‘‘Secretary of Defense’’ means the Secretary of Defense, except that the term means the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy. (Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2359; amended Pub. L. 111–377, title I, § 101(a), Jan. 4, 2011, 124 Stat. 4107; Pub. L. 112–239, div. A, title VI, § 681(c), Jan. 2, 2013, 126 Stat. 1795; Pub. L. 115–48, title I, § 101(a), title IV, § 401(a), Aug. 16, 2017, 131 Stat. 974, 995; Pub. L. 116–283, div. A, title IX, § 926(g), Jan. 1, 2021, 134 Stat. 3831; Pub. L. 117–333, § 3(e)(1), Jan. 5, 2023, 136 Stat. 6127.) Editorial Notes REFERENCES IN TEXT Section 712 of title 14, referred to in par. (1)(B), was redesignated section 3713 of title 14 by Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233, and references to section 712 of title 14 deemed to refer to such redes- ignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Redesignated Sections of Title 14 note preceding section 101 of Title 14, Coast Guard. AMENDMENTS 2023—Pars. (2) to (5). Pub. L. 117–333 added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respec- tively. 2021—Par. (2)(C). Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘Air Force’’. 2017—Par. (1)(B). Pub. L. 115–48, § 401(a), substituted ‘‘12304, 12304a, or 12304b’’ for ‘‘or 12304’’. Pub. L. 115–48, § 101(a), inserted ‘‘12301(h),’’ after ‘‘12301(g),’’. 2013—Par. (1)(B). Pub. L. 112–239 inserted ‘‘or section 712 of title 14’’ after ‘‘title 10’’. 2011—Par. (1)(C). Pub. L. 111–377, § 101(a)(1), added sub- par. (C). Par. (2)(A). Pub. L. 111–377, § 101(a)(2), inserted ‘‘or One Station Unit Training’’ before period at end. Par. (2)(E). Pub. L. 111–377, § 101(a)(3), inserted ‘‘and Skill Training (or so-called ‘A’ School)’’ before period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–48, title I, § 101(b), Aug. 16, 2017, 131 Stat. 974, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to service in the Armed Forces occurring on or after September 11, 2001.’’ Pub. L. 115–48, title I, § 101(c), Aug. 16, 2017, 131 Stat. 974, provided that: ‘‘An individual who is entitled to educational assistance by reason of the amendment made by subsection (a) [amending this section] may use such entitlement to pursue a course of education begin- ning on or after August 1, 2018.’’ Pub. L. 115–48, title IV, § 401(b), Aug. 16, 2017, 131 Stat. 995, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to service in the Armed Forces occurring on or after the date of the enactment of the Post-9/11 Vet- erans Educational Assistance Act of 2008 (Public Law 110–252) [June 30, 2008].’’ Pub. L. 115–48, title IV, § 401(c), Aug. 16, 2017, 131 Stat. 995, provided that: ‘‘An individual who is entitled to educational assistance by reason of the amendment made by subsection (a) [amending this section] may use such entitlement to pursue a course of education begin- ning on or after August 1, 2018.’’ EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 112–239 applicable to call or order to active duty authorized under former section 712 (now 3713) of Title 14, Coast Guard, after Dec. 31, 2011, and deemed to have been enacted on Dec. 31, 2011, for purposes of applying the amendment to section 5538 of Title 5, Government Organization and Employees, and sections 701 and 12731 of Title 10, Armed Forces, see section 681(d) of Pub. L. 112–239, set out as a note under section 101 of Title 10. EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–377, title I, § 101(d)(1)–(3), Jan. 4, 2011, 124 Stat. 4108, provided that: ‘‘(1) SERVICE IN NATIONAL GUARD AS ACTIVE DUTY.—The amendment made by subsection (a)(1) [amending this section] shall take effect on August 1, 2009, as if in- cluded in the enactment of chapter 33 of title 38, United States Code, pursuant to the Post-9/11 Veterans Edu- cational Assistance Act of 2008 (title V of Public Law 110–252) [see Short Title of 2008 Amendment note set out under section 101 of this title]. However, no benefits otherwise payable by reason of such amendment for the period beginning on August 1, 2009, and ending on Sep- tember 30, 2011, may be paid before October 1, 2011. ‘‘(2) ONE STATION UNIT TRAINING.—The amendment made by subsection (a)(2) [amending this section] shall take effect on the date of the enactment of this Act [Jan. 4, 2011]. ‘‘(3) ENTRY LEVEL AND SKILL TRAINING FOR THE COAST GUARD.—The amendment made by subsection (a)(3) Page 721 TITLE 38—VETERANS’ BENEFITS § 3301 [amending this section] shall take effect on the date of the enactment of this Act, and shall apply with respect to individuals entering service on or after that date.’’ 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 ACTIVE DUTY Pub. L. 115–48, title I, § 106(b), Aug. 16, 2017, 131 Stat. 977, provided that: ‘‘Section 3301(1) of title 38, United States Code, shall be construed to include, in the case of a member of a reserve component of the Armed Forces who, before November 25, 2015, established eligi- bility for educational assistance under chapter 1607 of title 10, United States Code, pursuant to section 16163(a)(1) of such title, but lost eligibility for such edu- cational assistance pursuant to section 16167(b) of such title, service on active duty (as defined in section 101 of such title) that satisfies the requirements of section 16163(a)(1) of such title.’’ IMPROVEMENT OF INFORMATION TECHNOLOGY OF THE VETERANS BENEFITS ADMINISTRATION OF THE DE- PARTMENT OF VETERANS AFFAIRS Pub. L. 115–48, title I, § 115, Aug. 16, 2017, 131 Stat. 986, provided that: ‘‘(a) PROCESSING OF CERTAIN EDUCATIONAL ASSISTANCE CLAIMS.—The Secretary of Veterans Affairs shall, to the maximum extent possible, make such changes and improvements to the information technology system of the Veterans Benefits Administration of the Depart- ment of Veterans Affairs to ensure that— ‘‘(1) to the maximum extent possible, all original and supplemental claims for educational assistance under chapter 33 of title 38, United States Code, are adjudicated electronically; and ‘‘(2) rules-based processing is used to make deci- sions with respect to such claims with little human intervention. ‘‘(b) IMPLEMENTATION PLAN.—Not later than 180 days after the date of the enactment of this Act [Aug. 16, 2017], the Secretary of Veterans Affairs shall submit to Congress a plan to implement the changes and im- provements described in subsection (a). ‘‘(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the imple- mentation of the changes and improvements described in subsection (a). ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to the Secretary of Vet- erans Affairs $30,000,000 to carry out this section during fiscal years 2018 and 2019.’’ FINDINGS Pub. L. 110–252, title V, § 5002, June 30, 2008, 122 Stat. 2357, provided that: ‘‘Congress makes the following findings: ‘‘(1) On September 11, 2001, terrorists attacked the United States, and the brave members of the Armed Forces of the United States were called to the defense of the Nation. ‘‘(2) Service on active duty in the Armed Forces has been especially arduous for the members of the Armed Forces since September 11, 2001. ‘‘(3) The United States has a proud history of offer- ing educational assistance to millions of veterans, as demonstrated by the many ‘G.I. Bills’ enacted since World War II. Educational assistance for veterans helps reduce the costs of war, assist veterans in read- justing to civilian life after wartime service, and boost the United States economy, and has a positive effect on recruitment for the Armed Forces. ‘‘(4) The current educational assistance program for veterans is outmoded and designed for peacetime service in the Armed Forces. ‘‘(5) The people of the United States greatly value military service and recognize the difficult chal- lenges involved in readjusting to civilian life after wartime service in the Armed Forces. ‘‘(6) It is in the national interest for the United States to provide veterans who serve on active duty in the Armed Forces after September 11, 2001, with enhanced educational assistance benefits that are worthy of such service and are commensurate with the educational assistance benefits provided by a grateful Nation to veterans of World War II.’’ APPLICABILITY TO INDIVIDUALS UNDER MONTGOMERY GI BILL PROGRAM Pub. L. 110–252, title V, § 5003(c), June 30, 2008, 122 Stat. 2375, which related to applicability of Post-9/11 Educational Assistance program to individuals entitled to education assistance under chapter 33 of this title, was repealed by Pub. L. 114–315, title IV, § 405(c), Dec. 16, 2016, 130 Stat. 1558. See section 3327 of this title. Executive Documents EX. ORD. NO. 13607. ESTABLISHING PRINCIPLES OF EXCEL- LENCE FOR EDUCATIONAL INSTITUTIONS SERVING SERV- ICE MEMBERS, VETERANS, SPOUSES, AND OTHER FAMILY MEMBERS Ex. Ord. No. 13607, Apr. 27, 2012, 77 F.R. 25861, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure that Federal military and veterans educational benefits programs are pro- viding service members, veterans, spouses, and other family members with the information, support, and protections they deserve, it is hereby ordered as fol- lows: SECTION 1. Policy. The original GI Bill, approved just weeks after D-Day, educated nearly 8 million Ameri- cans and helped transform this Nation. We owe the same obligations to this generation of service men and women as was afforded that previous one. This is the promise of the Post-9/11 Veterans Educational Assist- ance Act of 2008 (title V, Public Law 110–252) (Post-9/11 GI Bill) and the continued provision of educational ben- efits in the Department of Defense’s Tuition Assistance Program (10 U.S.C. 2007): to provide our service mem- bers, veterans, spouses, and other family members the opportunity to pursue a high-quality education and gain the skills and training they need to fill the jobs of tomorrow. Since the Post-9/11 GI Bill became law, there have been reports of aggressive and deceptive targeting of service members, veterans, and their families by some educational institutions. For example, some institu- tions have recruited veterans with serious brain inju- ries and emotional vulnerabilities without providing academic support and counseling; encouraged service members and veterans to take out costly institutional loans rather than encouraging them to apply for Fed- eral student loans first; engaged in misleading recruit- ing practices on military installations; and failed to disclose meaningful information that allows potential students to determine whether the institution has a good record of graduating service members, veterans, and their families and positioning them for success in the workforce. To ensure our service members, veterans, spouses, and other family members have the information they need to make informed decisions concerning their well- earned Federal military and veterans educational bene- fits, I am directing my Administration to develop Prin- ciples of Excellence to strengthen oversight, enforce- ment, and accountability within these benefits pro- grams. SEC. 2. Principles of Excellence for Educational Institu- tions Serving Service Members, Veterans, Spouses, and Other Family Members. The Departments of Defense, Veterans Affairs, and Education shall establish Prin- Page 722 TITLE 38—VETERANS’ BENEFITS § 3301 ciples of Excellence (Principles) to apply to educational institutions receiving funding from Federal military and veterans educational benefits programs, including benefits programs provided by the Post-9/11 GI Bill and the Tuition Assistance Program. The Principles should ensure that these educational institutions provide meaningful information to service members, veterans, spouses, and other family members about the financial cost and quality of educational institutions to assist those prospective students in making choices about how to use their Federal educational benefits; prevent abusive and deceptive recruiting practices that target the recipients of Federal military and veterans edu- cational benefits; and ensure that educational institu- tions provide high-quality academic and student sup- port services to active-duty service members, reserv- ists, members of the National Guard, veterans, and military families. To the extent permitted by law, the Principles, im- plemented pursuant to section 3 of this order, should require educational institutions receiving funding pur- suant to Federal military and veterans educational benefits to: (a) prior to enrollment, provide prospective students who are eligible to receive Federal military and vet- erans educational benefits with a personalized and standardized form, as developed in a manner set forth by the Secretary of Education, working with the Secre- taries of Defense and Veterans Affairs, to help those prospective students understand the total cost of the educational program, including tuition and fees; the amount of that cost that will be covered by Federal educational benefits; the type and amount of financial aid they may qualify for; their estimated student loan debt upon graduation; information about student out- comes; and other information to facilitate comparison of aid packages offered by different educational institu- tions; (b) inform students who are eligible to receive Fed- eral military and veterans educational benefits of the availability of Federal financial aid and have in place policies to alert those students of their potential eligi- bility for that aid before packaging or arranging pri- vate student loans or alternative financing programs; (c) end fraudulent and unduly aggressive recruiting techniques on and off military installations, as well as misrepresentation, payment of incentive compensation, and failure to meet State authorization requirements, consistent with the regulations issued by the Depart- ment of Education (34 C.F.R. 668.71–668.75, 668.14, and 600.9); (d) obtain the approval of the institution’s accred- iting agency for new course or program offerings before enrolling students in such courses or programs, pro- vided that such approval is appropriate under the sub- stantive change requirements of the accrediting agen- cy; (e) allow service members and reservists to be re- admitted to a program if they are temporarily unable to attend class or have to suspend their studies due to service requirements, and take additional steps to ac- commodate short absences due to service obligations, provided that satisfactory academic progress is being made by the service members and reservists prior to suspending their studies; (f) agree to an institutional refund policy that is aligned with the refund of unearned student aid rules applicable to Federal student aid provided through the Department of Education under Title IV of the Higher Education Act of 1965, as required under section 484B of that Act when students withdraw prior to course com- pletion; (g) provide educational plans for all individuals using Federal military and veterans educational benefits that detail how they will fulfill all the requirements necessary to graduate and the expected timeline of completion; and (h) designate a point of contact for academic and fi- nancial advising (including access to disability coun- seling) to assist service member and veteran students and their families with the successful completion of their studies and with their job searches. SEC. 3. Implementation of the Principles of Excellence. (a) The Departments of Defense and Veterans Affairs shall reflect the Principles described in section 2 of this order in new agreements with educational institutions, to the extent practicable and permitted by law, con- cerning participation in the Yellow Ribbon Program for veterans under the Post-9/11 GI Bill or the Tuition As- sistance Program for active duty service members. The Department of Veterans Affairs shall also notify all in- stitutions participating in the Post-9/11 GI Bill pro- gram that they are strongly encouraged to comply with the Principles and shall post on the Department’s website those that do. (b) The Secretaries of Defense, Veterans Affairs, and Education, in consultation with the Director of the Bu- reau of Consumer Financial Protection (CFPB) and the Attorney General, shall take immediate action to im- plement this order, and, within 90 days from the date of this order, report to the President their progress on im- plementation, including promptly revising regulations, Department of Defense Instructions, guidance docu- ments, Memoranda of Understanding, and other poli- cies governing programs authorized or funded by the Post-9/11 GI Bill and the Tuition Assistance Program to implement the Principles, to the extent permitted by law. (c) The Secretaries of Defense, Veterans Affairs, and Education shall develop a comprehensive strategy for developing service member and veteran student out- come measures that are comparable, to the maximum extent practicable, across Federal military and vet- erans educational benefit programs, including, but not limited to, the Post-9/11 GI Bill and the Tuition Assist- ance Program. To the extent practicable, the student outcome measures should rely on existing administra- tive data to minimize the reporting burden on institu- tions participating in these benefit programs. The stu- dent outcome measures should permit comparisons across Federal educational programs and across insti- tutions and types of institutions. The Secretary of Edu- cation, in consultation with the Secretaries of Defense and Veterans Affairs, shall also collect from edu- cational institutions, as part of the Integrated Postsec- ondary Education Data System and other data collec- tion systems, information on the amount of funding re- ceived pursuant to the Post-9/11 GI Bill and the Tuition Assistance Program. The Secretary of Education shall make this information publicly available on the Col- lege Navigator Website. (d) The Secretary of Veterans Affairs, in consultation with the Secretaries of Defense and Education, shall provide to prospective military and veteran students, prior to using their benefits, streamlined tools to com- pare educational institutions using key measures of af- fordability and value through the Department of Vet- erans Affairs’ eBenefits portal. The eBenefits portal shall be updated to facilitate access to school perform- ance information, consumer protection information, and key Federal financial aid documents. The Secre- taries of Defense and Veterans Affairs shall also ensure that service members and veterans have access to that information through educational counseling offered by those Departments. SEC. 4. Strengthening Enforcement and Compliance Mechanisms. Service members, veterans, spouses, and other family members should have access to a strong enforcement system through which to file complaints when institutions fail to follow the Principles. Within 90 days of the date of this order, the Secretaries of De- fense and Veterans Affairs, in consultation with the Secretary of Education and the Director of the CFPB, as well as with the Attorney General, as appropriate, shall submit to the President a plan to strengthen en- forcement and compliance mechanisms. The plan shall include proposals to: (a) create a centralized complaint system for stu- dents receiving Federal military and veterans edu- cational benefits to register complaints that can be 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