38 U.S.C. § 3321 — Time limitation for use of and eligibility

Page 744 TITLE 38—VETERANS’ BENEFITS § 3321 clinical training program for health care pro- fessionals. (E) Individuals who have earned a graduate degree and are enrolled in a covered clinical training program for health care professionals. (d) AMOUNT OF ASSISTANCE.—(1) The Secretary shall pay to each eligible individual who re- ceives additional benefits under this section the monthly amount payable under section 3313 of this title for not more than 9 months of the pro- gram of education in which the individual is en- rolled (adjusted with respect to the individual pursuant to section 3313(c), as appropriate), ex- cept that the aggregate amount paid to an indi- vidual under this section may not exceed $30,000. (2) The Secretary may not pay to such an indi- vidual an amount in addition to the amount payable under paragraph (1) by reason of section 3317 of this title. (3) An individual who receives additional bene- fits under this section may also receive amounts payable by a college or university pursuant to section 3317 of this title. (4) Notwithstanding any other provision of this chapter or chapter 36 of this title, any addi- tional benefits under this section may not be counted toward the aggregate period for which section 3695 of this title limits an individual’s receipt of allowance or assistance. (e) PROHIBITION ON TRANSFER.—An individual who receives additional benefits under this sec- tion may not transfer any amount of such addi- tional benefits under section 3319 of this title. (f) MAXIMUM AMOUNT OF TOTAL ASSISTANCE.— The total amount of benefits paid to all eligible individuals under this section may not exceed— (1) $25,000,000 for fiscal year 2019; (2) $75,000,000 for each of fiscal years 2020 through 2022; and (3) $100,000,000 for fiscal year 2023 and each subsequent fiscal year. (g) CONGRESSIONAL NOTICE.—If the Secretary identifies a new subject or field pursuant to sub- section (b)(4)(A)(i)(XI) as meeting a national need, the Secretary shall submit to Congress no- tice of such identification at least 90 days before conferring eligibility on any individual for pur- poses of this section on the basis of such identi- fication, including any analysis of labor market supply and demand used in identifying the new subject or field, as applicable. (h) COVERED CLINICAL TRAINING PROGRAM DE- FINED.—In this section, the term ‘‘covered clin- ical training program’’ means any clinical train- ing required by a health care professional to be licensed to practice in a State or locality. (Added Pub. L. 115–48, title I, § 111(a), Aug. 16, 2017, 131 Stat. 982; amended Pub. L. 116–36, § 1, July 31, 2019, 133 Stat. 1048; Pub. L. 116–315, title I, §§ 1001, 1002(b)(4), Jan. 5, 2021, 134 Stat. 4937, 4938.) Editorial Notes AMENDMENTS 2021—Subsec. (b)(4)(A)(i). Pub. L. 116–315, § 1001(a)(1), inserted ‘‘, or a dual degree program that includes such an undergraduate college degree,’’ after ‘‘standard, un- dergraduate college degree’’ in introductory provisions, redesignated subcls. (X) and (XI) as (IX) and (X), respec- tively, and struck out former subcl. (IX) which read as follows: ‘‘a medical residency program;’’. Subsec. (b)(4)(B). Pub. L. 116–315, § 1001(a)(2), inserted ‘‘covered clinical training program for health care pro- fessionals or a’’ before ‘‘program of education’’ and sub- stituted ‘‘; or’’ for period at end. Subsec. (b)(4)(C). Pub. L. 116–315, § 1001(a)(3), added subpar. (C). Subsec. (c). Pub. L. 116–315, § 1001(b), amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘In selecting eligible individuals to receive additional benefits under this section, the Secretary shall give priority to the following individuals: ‘‘(1) Individuals who require the most credit hours de- scribed in subsection (b)(4). ‘‘(2) Individuals who are entitled to educational as- sistance under this chapter by reason of paragraph (1), (2), (8), or (9) of section 3311(b) of this title.’’ Subsec. (c)(1)(B). Pub. L. 116–315, § 1002(b)(4), sub- stituted ‘‘(8), (9), (10), or (11)’’ for ‘‘(8), or (9)’’. Subsec. (d)(4). Pub. L. 116–315, § 1001(c), added par. (4). Subsec. (h). Pub. L. 116–315, § 1001(d), added subsec. (h). 2019—Subsec. (b)(4)(A)(i). Pub. L. 116–36 substituted ‘‘at least the standard 120 semester (or 180 quarter) credit hours’’ for ‘‘more than the standard 128 semester (or 192 quarter) credit hours’’ in introductory provi- sions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1002(b)(4) of Pub. L. 116–315 ef- fective immediately after the amendments made by 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 Pub. L. 115–48, title I, § 111(c), Aug. 16, 2017, 131 Stat. 983, provided that: ‘‘Section 3320 of title 38, United States Code, shall take effect on August 1, 2019.’’ SUBCHAPTER III—ADMINISTRATIVE PROVISIONS § 3321. Time limitation for use of and eligibility for entitlement (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 dis- charge 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 sub- section (a) of this section in the same manner as such subsections apply under section 3031 with respect to the running of the 10-year pe- riod described in section 3031(a). (B) Subsection (i) of section 3031 shall apply with respect to the running of the 15-year pe- riod described in paragraphs (4)(A) and (5)(A) of this subsection in the same manner as such Page 745 TITLE 38—VETERANS’ BENEFITS § 3322 1 See References in Text note below. subsection applies under section 3031 of this title with respect to the running of the 10-year period described in section 3031(a) of this title. (2) APPLICABILITY OF SECTION 3031 TO TERMI- NATION.—Section 3031(f) shall apply with re- spect to the termination of an individual’s en- titlement 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, except that, in the administration of such section for purposes of this chapter, the reference to section 3013 shall be deemed to be a reference to section 3312 of this title. (3) DETERMINATION OF LAST DISCHARGE OR RE- LEASE.—For purposes of subsection (a), an in- dividual’s last discharge or release from active duty shall not include any discharge or release from a period of active duty of less than 90 days of continuous service, unless the indi- vidual is discharged or released as described in section 3311(b)(2). (4) APPLICABILITY TO CHILDREN OF DECEASED MEMBERS.—The period during which a child en- titled to educational assistance by reason of section 3311(b)(8) of this title may use such child’s entitlement— (A) in the case of a child who first becomes entitled to such entitlement before January 1, 2013, expires at the end of the 15-year pe- riod beginning on the date of such child’s eighteenth birthday; or (B) in the case of a child who first becomes entitled to such entitlement on or after Jan- uary 1, 2013, shall not expire. (5) APPLICABILITY TO SPOUSES OF DECEASED MEMBERS.—The period during which a spouse entitled to educational assistance by reason of section 3311(b)(9) 1 may use such spouse’s enti- tlement— (A) in the case of a spouse who first be- comes entitled to such entitlement before January 1, 2013, expires at the end of the 15- year period beginning on the date on which the spouse first becomes entitled to such en- titlement; or (B) in the case of a spouse who first be- comes entitled to such entitlement on or after January 1, 2013, shall not expire. (Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2373; amended Pub. L. 111–32, title X, § 1002(c), June 24, 2009, 123 Stat. 1889; Pub. L. 111–275, title X, § 1001(g)(8), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 113–146, title VII, § 701(c), Aug. 7, 2014, 128 Stat. 1796; Pub. L. 115–48, title I, §§ 105(c)(5), 112, Aug. 16, 2017, 131 Stat. 976, 984; Pub. L. 116–61, § 6(4), Sept. 30, 2019, 133 Stat. 1117; Pub. L. 117–328, div. U, title II, § 232(b), Dec. 29, 2022, 136 Stat. 5457; Pub. L. 117–333, § 3(b)(1), Jan. 5, 2023, 136 Stat. 6126.) Editorial Notes REFERENCES IN TEXT Subsection (b)(9) of section 3311 of this title, referred to in subsec. (b)(5), was redesignated subsection (b)(8) by Pub. L. 115–48, title I, §105(a)(3), Aug. 16, 2017, 131 Stat. 975. AMENDMENTS 2023—Subsec. (b)(1). Pub. L. 117–333 made amendment substantially identical to that made by Pub. L. 117–328. See 2022 Amendment note below. 2022—Subsec. (b)(1). Pub. L. 117–328 designated exist- ing provisions as subpar. (A), substituted ‘‘(d), and (i)’’ for ‘‘and (d)’’, and added subpar. (B). 2019—Subsec. (a)(1). Pub. L. 116–61 substituted ‘‘Janu- ary’’ for ‘‘January,’’. 2017—Subsec. (a). Pub. L. 115–48, § 112(a), substituted ‘‘individual’s entitlement—’’ for ‘‘individual’s entitle- ment expires at the end of the 15-year period beginning on the date of such individual’s last discharge or re- lease from active duty.’’ and added pars. (1) and (2). Subsec. (b)(4). Pub. L. 115–48, § 112(b), inserted ‘‘of this title’’ after ‘‘section 3311(b)(9)’’, substituted ‘‘child’s en- titlement—’’ for ‘‘child’s entitlement expires at the end of the 15-year period beginning on the date of such child’s eighteenth birthday.’’, and added subpars. (A) and (B). Pub. L. 115–48, § 105(c)(5), substituted ‘‘section 3311(b)(8)’’ for ‘‘section 3311(b)(9)’’. Subsec. (b)(5). Pub. L. 115–48, § 112(c), added par. (5). 2014—Subsec. (b)(4). Pub. L. 113–146 substituted ‘‘a child’’ for ‘‘an individual’’ and, in two places, ‘‘such child’s’’ for ‘‘such individual’s’’. 2010—Subsec. (b)(2). Pub. L. 111–275 substituted ‘‘sec- tion 3312 of this title’’ for ‘‘3312’’. 2009—Subsec. (b)(4). Pub. L. 111–32 added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by section 105(c)(5) 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 OF 2014 AMENDMENT Amendment by Pub. L. 113–146 applicable with re- spect to a quarter, semester, or term, as applicable, commencing on or after Jan. 1, 2015, with provision for deaths occurring between Sept. 11, 2001, and Dec. 31, 2005, see section 701(d) of Pub. L. 113–146, set out as a note under section 3311 of this title. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–32 effective Aug. 1, 2009, see section 1002(d)(1) of Pub. L. 111–32, 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. EXTENSION OF TIME LIMITATIONS FOR USE OF ENTITLEMENT: POST-9/11 EDUCATIONAL ASSISTANCE Pub. L. 116–140, § 6(b)(1), Apr. 28, 2020, 134 Stat. 632, which temporarily provided for an extension to use en- titlements for post-9/11 educational assistance, was re- pealed by Pub. L. 117–333, § 3(f), Jan. 5, 2023, 136 Stat. 6128. See subsec. (b)(1)(B) of this section. § 3322. Bar to duplication of educational assist- ance benefits (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, or the pro- visions of the Hostage Relief Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 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