§ 3313. Educational assistance: amount; payment

7,866 words·~36 min read·/usc/title-38/section-3313

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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), (8), (9), (10), or

(11)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(b))) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees.

(ii)In the case of a program of education pursued at a non-public or foreign institution of higher learning, the lesser of—

(I)the actual net cost for tuition and fees assessed by the institution 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, $17,500; 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).

(B)A monthly stipend in an amount as follows:

(i)Except as provided in clauses

(ii)and (iii), for each month an individual pursues a program of education on more than a half-time basis, a monthly housing stipend equal to the product of—

(I)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 campus of the institution of higher learning where the individual physically participates in a majority of classes, multiplied by

(II)the lesser of—

(aa)1.0; or

(bb)the number of course hours borne by the individual in pursuit of the program of education, divided by the minimum number of course hours required for full-time pursuit of the program of education, rounded to the nearest multiple of 10.

(ii)In the case of an individual pursuing a program of education at a foreign institution of higher learning on more than a half-time basis, for each month the individual pursues the program of education, a monthly housing stipend equal to the product of—

(I)the national average of 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, multiplied by

(II)the lesser of—

(aa)1.0; or

(iii)In the case of an individual pursuing a program of education solely through distance learning on more than a half-time basis, a monthly housing stipend equal to 50 percent of the amount payable under clause

(ii)if the individual were otherwise entitled to a monthly housing stipend under that clause for pursuit of the program of education.

(iv)For the first month of each quarter, semester, or term, as applicable, of the program of education pursued by the individual, a lump sum amount for books, supplies, equipment, and other educational costs with respect to such quarter, semester, or term in the amount equal to—

(I)$1,000, multiplied by

(II)the fraction which is the portion of a complete academic year under the program of education that such quarter, semester, or term constitutes.

(2)In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(3), amounts equal to 90 percent of the amounts that would be payable to the individual under paragraph

(1)for the program of education if the individual were entitled to amounts for the program of education under paragraph

(1)rather than this paragraph.

(3)In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(4), amounts equal to 80 percent of the amounts that would be payable to the individual under paragraph

(1)for the program of education if the individual were entitled to amounts for the program of education under paragraph

(1)rather than this paragraph.

(4)In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(5), amounts equal to 70 percent of the amounts that would be payable to the individual under paragraph

(1)for the program of education if the individual were entitled to amounts for the program of education under paragraph

(1)rather than this paragraph.

(5)In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(6), amounts equal to 60 percent of the amounts that would be payable to the individual under paragraph

(1)for the program of education if the individual were entitled to amounts for the program of education under paragraph

(1)rather than this paragraph.

(6)In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(7),1 amounts equal to 50 percent of the amounts that would be payable to the individual under paragraph

(1)for the program of education if the individual were entitled to amounts for the program of education under paragraph

(1)rather than this paragraph.

(d)Frequency of Payment.—

(1)Quarter, semester, or term payments.— Payment of the amounts payable under subsection (c)(1)(A), and of similar amounts payable under paragraphs

(2)through

(6)of subsection (c), for pursuit of a program of education shall be made for the entire quarter, semester, or term, as applicable, of the program of education.

(2)Monthly payments.— Payment of the amount payable under subsection (c)(1)(B), and of similar amounts payable under paragraphs

(2)through

(6)of subsection (c), for pursuit of a program of education shall be made on a monthly basis.

(3)Regulations.— The Secretary shall prescribe in regulations methods for determining the number of months (including fractions thereof) of entitlement of an individual to educational assistance under this chapter that are chargeable under this chapter for an advance payment of amounts under paragraphs

(1)and

(2)for pursuit of a program of education on a quarter, semester, term, or other basis.

(e)Programs of Education Leading to a Degree Pursued on Active Duty for a Period of More Than 30 Days on More Than Half-time Basis.—

(1)In general.— Educational assistance is payable under this chapter for pursuit of an approved program of education leading to a degree while on active duty for a period of more than 30 days.

(2)Amount of assistance.— The amounts of educational assistance payable under this chapter to an individual pursuing a program of education leading to a degree while on active duty for a period of more than 30 days are as follows:

(A)Subject to subparagraph (C), an amount equal to the lesser of—

(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)in the case of a program of education pursued at a non-public or foreign institution of higher learning, the lesser of—

(I)the actual net cost for tuition and fees assessed by the institution for the program of education after the application of—

(aa)any waiver of, or reduction in, tuition and fees; and

(II)the amount equal to—

(aa)for the academic year beginning on August 1, 2011, $17,500; or

(iii)the amount of the charges of the educational institution as elected by the individual in the manner specified in section 3014(b)(1).

(B)Subject to subparagraph (C), for the first month of each quarter, semester, or term, as applicable, of the program of education pursued by the individual, a lump sum amount for books, supplies, equipment, and other educational costs with respect to such quarter, semester, or term in the amount equal to—

(i)$1,000, multiplied by

(ii)the fraction of a complete academic year under the program of education that such quarter, semester, or term constitutes.

(C)In the case of an individual entitled to educational assistance by reason of paragraphs

(3)through

(7)of section 3311(b), the amounts payable to the individual pursuant to subparagraphs (A)(i), (A)(ii), and

(B)shall be the amounts otherwise determined pursuant to such subparagraphs multiplied by the same percentage applicable to the monthly amounts payable to the individual under paragraphs

(2)through

(6)of subsection (c).

(3)Quarter, semester, or term payments.— Payment of the amount payable under paragraph

(2)for pursuit of a program of education shall be made for the entire quarter, semester, or term, as applicable, of the program of education.

(4)Monthly payments.— For each month (as determined pursuant to the methods prescribed under subsection (d)(3)) for which amounts are paid an individual under this subsection, the entitlement of the individual to educational assistance under this chapter shall be charged at the rate of one month for each such month.

(f)Programs of Education Pursued on Half-Time Basis or Less.—

(1)In general.— Educational assistance is payable under this chapter for pursuit of an approved program of education on half-time basis or less 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.

(2)Amount of assistance.— The educational assistance payable under this chapter to an individual pursuing a program of education covered by this subsection on half-time basis or less is the amounts as follows:

(A)The amount equal to the lesser of—

(i)the actual net cost for in-State tuition and fees assessed by the institution of higher learning for the program of education after the application of—

(I)any waiver of, or reduction in, tuition and fees; and

(ii)the maximum amount that would be payable to the individual for the program of education under paragraph (1)(A) of subsection (c), or under the provisions of paragraphs

(2)through

(6)of subsection

(c)applicable to the individual, for the program of education if the individual were entitled to amounts for the program of education under subsection

(c)rather than this subsection.

(B)A stipend in an amount equal to the amount of the appropriately reduced amount of the lump sum amount for books, supplies, equipment, and other educational costs otherwise payable to the individual under subsection (c).

(3)Quarter, term, or semester payments.— Payment of the amounts payable to an individual under paragraph

(2)for pursuit of a program of education on half-time basis or less shall be made for the entire quarter, semester, or term, as applicable, of the program of education.

(A)the number of course hours borne by the individual in pursuit of the program of education involved, divided by

(B)the number of course hours for full-time pursuit of such program of education.

(g)Programs of Education Other Than Programs of Education Leading to a Degree.—

(1)In general.— Educational assistance is payable under this chapter for pursuit of an approved program of education other than a program of education leading to a degree at an institution other than an institution of higher learning (as that term is defined in section 3452(f)).

(2)Pursuit on half-time basis or less.— The payment of educational assistance under this chapter for pursuit of a program of education otherwise described in paragraph

(1)on a half-time basis or less is governed by subsection (f).

(3)Amount of assistance.— The amounts of educational assistance payable under this chapter to an individual entitled to educational assistance under this chapter who is pursuing an approved program of education covered by this subsection are as follows:

(A)In the case of an individual enrolled in a program of education (other than a program described in subparagraphs

(B)through (D)) in pursuit of a certificate or other non-college degree, the following:

(i)Subject to clause (iv), an amount equal to 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 (20 U.S.C. 1070a(b))) 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, $17,500; or

(ii)Except in the case of an individual pursuing a program of education on a half-time or less basis and subject to clause (iv), a monthly housing stipend equal to the product—

(I)of—

(aa)in the case of an individual pursuing resident training, 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 campus of the institution of where the individual physically participates in a majority of classes; or

(bb)in the case of an individual pursuing a program of education through distance learning, a monthly amount equal to 50 percent of the amount payable under item (aa), multiplied by

(II)the lesser of—

(aa)1.0; or

(bb)the number of course hours borne by the individual in pursuit of the program of education involved, divided by the minimum number of course hours required for full-time pursuit of such program of education, rounded to the nearest multiple of 10.

(iii)Subject to clause (iv), a monthly stipend in an amount equal to $83 for each month (or pro rata amount for a partial month) of training pursued for books, supplies, equipment, and other educational costs.

(iv)In the case of an individual entitled to educational assistance by reason of paragraphs

(3)through

(7)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

(6)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, supplies, equipment, and other educational costs.

(iii)In the case of an individual entitled to educational assistance by reason of paragraphs

(3)through

(7)of sections 2 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

(6)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

(II)the amount equal to—

(aa)for the academic year beginning on August 1, 2011, $10,000; or

(ii)either—

(I)in the case of an individual entitled to educational assistance by reason of paragraphs (1), (2), or

(8)of section 3311(b), 100 percent; or

(II)in the case of an individual entitled to educational assistance by reason of paragraphs

(3)through

(7)of section 3311(b), the same percentage as would otherwise apply to the monthly amounts payable to the individual under paragraphs

(2)through

(6)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

(II)the amount equal to—

(aa)for the academic year beginning on August 1, 2011, $8,500; or

(ii)either—

(I)in the case of an individual entitled to educational assistance by reason of paragraphs (1), (2), or

(8)of section 3311(b), 100 percent; or

(II)in the case of an individual entitled to educational assistance by reason of paragraphs

(3)through

(7)of section 3311(b), the same percentage as would otherwise apply to the monthly amounts payable to the individual under paragraphs

(2)through

(6)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

(6)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.

(j)Determination of Monthly Housing Stipends During Active Duty Service.— For any month during which an individual who is entitled to a monthly housing stipend under this section is performing active duty service, the Secretary shall determine the amount of such stipend payable to such individual for such month on a pro rata basis for the period of such month during which the individual is not performing active duty service.

(k)Provision of Housing Stipend Payment Information.—

(1)In general.— The Secretary shall furnish to individuals receiving educational assistance under this chapter documentation that verifies the amount of the monthly housing stipend the individual receives under this section.

(2)Manner.— The Secretary shall make such documentation available to the individual using an internet website in the same manner the Secretary provides documentation verifying compensation and other benefits furnished by the Secretary to individuals.

(l)Verification of Enrollment.—

(1)In general.— Except as provided in paragraph (4), the Secretary shall require—

(A)each educational institution to submit to the Secretary verification of each individual who is enrolled in a course or program of education at the educational institution and is receiving educational assistance under this chapter—

(i)not later than such time as the Secretary determines reasonable after the date on which the individual is enrolled; and

(ii)not later than such time as the Secretary determines reasonable after the last date on which a student is able to withdraw from the course or program of education without penalty; and

(B)each individual who is enrolled in a course or program of education and is receiving educational assistance under this chapter to submit to the Secretary verification of such enrollment for each month during which the individual is so enrolled and receiving such educational assistance.

(2)Form of verification.— Verification under this subsection shall be in an electronic form prescribed by the Secretary.

(3)Failure to submit verification.— If an individual fails to submit the verification required under paragraph (1)(B) for two consecutive months, the Secretary may not make a monthly housing stipend payment to the individual under this section until the individual submits such verification.

(4)Exception.— An educational institution is not required to submit verification of an individual under paragraph (1)(A) if—

(A)the individual is enrolled in a course or program of education offered by the educational institution on at least a full-time basis before the date on which the individual is able to withdraw from the course or program of education without penalty;

(B)the educational institution charges the same amount of tuition and fees for students who are enrolled on a full-time basis and students who are enrolled on a more-than-full-time basis; and

(C)the individual remains enrolled in the course or program of education after the date on which the individual is able to withdraw from the course or program of education without penalty.

(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2363; amended Pub. L. 111–32, title X, § 1002(b), June 24, 2009, 123 Stat. 1889; Pub. L. 111–275, title X, § 1001(g)(1)–(3), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 111–377, title I, §§ 102(a), (b), 103(a), (b), 104(a), (b), 105(a)–(c), 106(a), 112(a), Jan. 4, 2011, 124 Stat. 4108–4110, 4112–4117, 4121; Pub. L. 114–58, title VI, § 601(16)–(18), Sept. 30, 2015, 129 Stat. 539; Pub. L. 115–48, title I, §§ 102(b), 105(b), (c)(2), 107(a), 113(a), Aug. 16, 2017, 131 Stat. 975, 977, 985;