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United States Code (Last Updated: May 24, 2014) |
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Title 38. VETERANS’ BENEFITS |
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Part III. READJUSTMENT AND RELATED BENEFITS |
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Chapter 33. POST–9/11 EDUCATIONAL ASSISTANCE |
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SubChapter II. EDUCATIONAL ASSISTANCE |
§ 3313. Educational assistance: amount; payment
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(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), or (9) 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)) supplies, equipment, and other educational costs. (iv) In the case of an individual entitled to educational assistance by reason of paragraphs (3) through (8) of section 3311(b), the amounts payable pursuant to clauses (i), (ii), and (iii) shall be the amounts otherwise determined pursuant to such clauses multiplied by the same percentage applicable to the monthly amounts payable to the individual under paragraphs (2) through (7) of subsection (c). (B) In the case of an individual pursuing a full-time program of apprenticeship or other on-job training, amounts as follows: (i) Subject to clauses (iii) and (iv), for each month the individual pursues the program of education, a monthly housing stipend equal to— (I) during the first six-month period of the program, the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the employer at which the individual pursues such program; (II) during the second six-month period of the program, 80 percent of the monthly amount of the basic allowance for housing payable as described in subclause (I); (III) during the third six-month period of the program, 60 percent of the monthly amount of the basic allowance for housing payable as described in subclause (I); (IV) during the fourth six-month period of such program, 40 percent of the monthly amount of the basic allowance for housing payable as described in subclause (I); and (V) during any month after the first 24 months of such program, 20 percent of the monthly amount of the basic allowance for housing payable as described in subclause (I). (ii) Subject to clauses (iii) and (iv), a monthly stipend in an amount equal to $83 for each month (or pro rata amount for each partial month) of training pursued for books 3 supplies, equipment, and other educational costs. (iii) In the case of an individual entitled to educational assistance by reason of paragraphs (3) through (8) of sections 3311(b), the amounts payable pursuant to clauses (i) and (ii) shall be the amounts otherwise determined pursuant to such clauses multiplied by the same percentage applicable to the monthly amounts payable to the individual under paragraphs (2) through (7) of subsection (c). (iv) In any month in which an individual pursuing a program of education consisting of a program of apprenticeship or other on-job training fails to complete 120 hours of training, the amount of monthly educational assistance allowance payable under clauses (i) and (iii) to the individual shall be limited to the same proportion of the applicable rate determined under this subparagraph as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours. (C) In the case of an individual enrolled in a program of education consisting of flight training (regardless of the institution providing such program of education), an amount equal to— (i) the lesser of— (I) the actual net cost for in-State tuition and fees assessed by the institution concerned for the program of education after the application of— (aa) any waiver of, or reduction in, tuition and fees; and (bb) 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) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; or (II) the amount equal to— (aa) for the academic year beginning on August 1, 2011 , $10,000; or(bb) for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning on August 1 under this subclause, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h), multiplied by— (ii) either— (I) in the case of an individual entitled to educational assistance by reason of paragraphs (1), (2), or (9) of section 3311(b), 100 percent; or (II) in the case of an individual entitled to educational assistance by reason of paragraphs (3) through (8) of section 3311(b), the same percentage as would otherwise apply to the monthly amounts payable to the individual under paragraphs (2) through (7) of subsection (c). (D) In the case of an individual enrolled in a program of education that is pursued exclusively by correspondence (regardless of the institution providing such program of education), an amount equal to— (i) the lesser of— (I) the actual net cost for tuition and fees assessed by the institution concerned for the program of education after the application of— (aa) any waiver of, or reduction in, tuition and fees; and (bb) 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) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees. (II) the amount equal to— (aa) for the academic year beginning on August 1, 2011 , $8,500; or(bb) for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning on August 1 under this subclause, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h), multiplied by— (ii) either— (I) in the case of an individual entitled to educational assistance by reason of paragraphs (1), (2), or (9) of section 3311(b), 100 percent; or (II) in the case of an individual entitled to educational assistance by reason of paragraphs (3) through (8) of section 3311(b), the same percentage as would otherwise apply to the monthly amounts payable to the individual under paragraphs (2) through (7) of subsection (c). (4) Frequency of payment.— (A) Quarter, semester, or term payments.— Payment of the amounts payable under paragraph (3)(A)(i) for pursuit of a program of education shall be made for the entire quarter, semester, or term, as applicable, of the program of education. (B) Monthly payments.— Payment of the amounts payable under paragraphs (3)(A)(ii) and (3)(B)(i) for pursuit of a program of education shall be made on a monthly basis. (C) Lump sum payments.— (i) Payment for the amount payable under paragraphs (3)(A)(iii) and (3)(B)(ii) shall be paid to the individual for the first month of each quarter, semester, or term, as applicable, of the program education pursued by the individual. (ii) Payment of the amount payable under paragraph (3)(C) for pursuit of a program of education shall be made upon receipt of certification for training completed by the individual and serviced by the training facility. (D) Quarterly payments.— Payment of the amounts payable under paragraph (3)(D) for pursuit of a program of education shall be made quarterly on a pro rata basis for the lessons completed by the individual and serviced by the institution. (5) Charge against entitlement for certificate and other non-college degree programs.— (A) In general.— In the case of amounts paid under paragraph (3)(A)(i) for pursuit of a program of education, the charge against entitlement to educational assistance under this chapter of the individual for whom such payment is made shall be one month for each of— (i) the amount so paid, divided by (ii) subject to subparagraph (B), the amount equal to one-twelfth of the amount applicable in the academic year in which the payment is made under paragraph (3)(A)(i)(II). (B) Pro rata adjustment based on certain eligibility.— If the amount otherwise payable with respect to an individual under paragraph (3)(A)(i) is subject to a percentage adjustment under paragraph (3)(A)(iv), the amount applicable with respect to the individual under subparagraph (A)(ii) shall be the amount otherwise determined pursuant to such subparagraph subject to a percentage adjustment equal to the percentage adjustment applicable with respect to the individual under paragraph (3)(A)(iv). (h) Payment of Established Charges to Educational Institutions.— Amounts payable under subsections (c)(1)(A) (and of similar amounts payable under paragraphs (2) through (7) of subsection (c)), (e)(2), and (f)(2)(A), and under subparagraphs (A)(i), (C), and (D) of subsection (g)(3), shall be paid directly to the educational institution concerned. (i) Determination of Housing Stipend Payments for Academic Years.— Any monthly housing stipend payable under this section during the academic year beginning on August 1 of a calendar year shall be determined utilizing rates for basic allowances for housing payable under section 403 of title 37 in effect as of January 1 of such calendar year.
References In Text
Section 401(b) of the Higher Education Act of 1965, referred to in subsecs. (c)(1)(A)(i)(II), (ii)(I)(bb), (e)(2)(A)(i)(II), (ii)(I)(bb), (f)(2)(A)(i)(II), and (g)(3)(A)(i)(I)(bb), (C)(i)(I)(bb), (D)(i)(I)(bb), is classified to section 1070a(b) of Title 20, Education.
Amendments
2011—Subsec. (b). Pub. L. 111–377, § 105(a), struck out “is offered by an institution of higher learning (as that term is defined in section 3452(f)) and” before “is approved”.
Subsec. (c). Pub. L. 111–377, § 102(a)(2), amended heading generally. Prior to amendment, heading read as follows: “Amount of Educational Assistance”.
Pub. L. 111–377, § 102(a)(1)(A), inserted “leading to a degree at an institution of higher learning (as that term is defined in section 3452(f))” after “program of education” in introductory provisions.
Subsec. (c)(1). Pub. L. 111–377, § 112(a)(1), which directed amendment identical to amendment by Pub. L. 111–275, § 1001(g)(1), could not be executed. See 2010 Amendment note below.
Subsec. (c)(1)(A). Pub. L. 111–377, § 102(a)(1)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: “An amount equal to the established charges for the program of education, except that the amount payable under this subparagraph may not exceed the maximum amount of established charges regularly charged in-State students for full-time pursuit of approved programs of education for undergraduates by the public institution of higher learning offering approved programs of education for undergraduates in the State in which the individual is enrolled that has the highest rate of regularly-charged established charges for such programs of education among all public institutions of higher learning in such State offering such programs of education.”
Subsec. (c)(1)(B). Pub. L. 111–377, § 102(b), redesignated cl. (ii) as (iv), added cls. (i) to (iii), and struck out former cl. (i) which read as follows: “For each month the individual pursues the program of education (other than, in the case of assistance under this section only, a program of education offered through distance learning), a monthly housing stipend amount equal to the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the institution of higher learning at which the individual is enrolled.”
Subsec. (e). Pub. L. 111–377, § 103(b), amended heading generally. Prior to amendment, heading read as follows: “Programs of Education Pursued on Active Duty”.
Subsec. (e)(1). Pub. L. 111–377, § 103(a)(1), inserted “leading to a degree” after “approved program of education”.
Subsec. (e)(2). Pub. L. 111–377, § 103(a)(2)(A), (C), substituted “The amounts” for “The amount”, inserted “leading to a degree” after “program of education”, and substituted “are as follows:” for “is the lesser of—” in introductory provisions.
Subsec. (e)(2)(A). Pub. L. 111–377, § 103(a)(2)(C)(ii), inserted subpar. (A) designation and introductory provisions. Former subpar. (A) redesignated (A)(i).
Subsec. (e)(2)(A)(i). Pub. L. 111–377, § 103(a)(2)(D), added cl. (i) and struck out former cl. (i) which read as follows: “the established charges which similarly circumstanced nonveterans enrolled in the program of education involved would be required to pay; or”.
Pub. L. 111–377, § 103(a)(2)(B), redesignated subpar. (A) as cl. (i) of subpar. (A).
Subsec. (e)(2)(A)(ii). Pub. L. 111–377, § 103(a)(2)(D), added cl. (ii).
Subsec. (e)(2)(A)(iii). Pub. L. 111–377, § 112(a)(2), inserted period at end.
Pub. L. 111–377, § 103(a)(2)(B), redesignated subpar. (B) of par. (2) as cl. (iii) of subpar. (A).
Subsec. (e)(2)(B), (C). Pub. L. 111–377, § 103(a)(2)(E), added subpars. (B) and (C). Former subpar. (B) redesignated (A)(iii).
Subsec. (f)(1). Pub. L. 111–377, § 104(a)(1), inserted “whether a program of education pursued on active duty, a program of education leading to a degree, or a program of education other than a program of education leading to a degree” before period at end.
Subsec. (f)(2). Pub. L. 111–377, § 104(a)(2), inserted “covered by this subsection” after “program of education” in introductory provisions.
Subsec. (f)(2)(A)(i). Pub. L. 111–377, § 104(b), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “the established charges which similarly circumstanced nonveterans enrolled in the program of education involved would be required to pay; or”.
Subsec. (g). Pub. L. 111–377, § 105(b)(3), added subsec. (g). Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 111–377, § 105(c), inserted “, and under subparagraphs (A)(i), (C), and (D) of subsection (g)(3),” after “(f)(2)(A)”.
Pub. L. 111–377, § 105(b)(1), (2), redesignated subsec. (g) as (h) and struck out former subsec. (h) which defined “established charges” for purposes of this section and provided the basis of determination of established charges.
Subsec. (i). Pub. L. 111–377, § 106(a), added subsec. (i).
2010—Subsec. (c)(1). Pub. L. 111–275, § 1001(g)(1), substituted “higher learning” for “higher education” wherever appearing.
Subsec. (d)(3). Pub. L. 111–275, § 1001(g)(2), substituted “assistance under this chapter” for “assistance this chapter”.
Subsec. (e)(2)(B). Pub. L. 111–275, § 1001(g)(3), inserted period at end.
2009—Subsec. (c)(1). Pub. L. 111–32 substituted “paragraph (1), (2), or (9) of section 3311(b)” for “section 3311(b)(1) or 3311(b)(2)”.
Effective Date Of Amendment
Pub. L. 111–377, title I, § 102(c),
Pub. L. 111–377, title I, § 103(c),
Pub. L. 111–377, title I, § 104(c),
Pub. L. 111–377, title I, § 105(d),
Pub. L. 111–377, title I, § 106(b),
Amendment by Pub. L. 111–32 effective
Miscellaneous
Pub. L. 112–26, § 2,