§3316 — Title 38 Veterans' Benefits | U.S. Code

Summary

The relevant Secretary can boost a person’s monthly education pay if the person has a skill or job the Secretary says is in critical shortage or is hard to recruit or keep. The extra amount cannot be bigger than the monthly increase allowed under section 3015(d)(1) at that time. The Secretary can also add supplemental pay for extra service under subchapter III of chapter 30. That supplemental pay is added to the monthly education amount paid under section 3313(c) and follows the eligibility rules of subchapter III of chapter 30 (treating references to basic benefits in subchapter II as referring to the matching rule in this chapter). The supplemental amount equals the monthly amount in section 3022. A person who chose to get benefits under this chapter under section 5003(c)(1)(A) of the Post-9/11 Act and already had an increased rate under section 3015(d) or 10 U.S.C. 16131(i) keeps that increase here. Their monthly increased rate is the rate they would have gotten under 3015(d) or 16131(i), multiplied by the smaller of 1.0 or the ratio of course hours the person is taking to the full-time course hours, rounded to the nearest multiple of 10. Payments are made monthly. Funds come from the Department of Defense Education Benefits Fund under 10 U.S.C. 2006 or from Department of Homeland Security appropriations as applicable. The Secretaries must run this program under regulations the Secretary of Defense issues.

Title 38, §3316

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)In the case of an individual who has a skill or specialty designated by the Secretary concerned as a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit or, in the case of critical units, retain personnel, the Secretary concerned may increase the monthly amount of educational assistance otherwise payable to the individual under paragraph (1)(B) of section 3313(c), or under paragraphs (2) through (6) of such section (as applicable).

(2)The amount of the increase in educational assistance authorized by paragraph (1) may not exceed the amount equal to the monthly amount of increased basic educational assistance providable under section 3015(d)(1) at the time of the increase under paragraph (1).

(b)(1)The Secretary concerned may provide for the payment to an individual entitled to educational assistance under this chapter of supplemental educational assistance for additional service authorized by subchapter III of chapter 30. The amount so payable shall be payable as an increase in the monthly amount of educational assistance otherwise payable to the individual under paragraph (1)(B) of section 3313(c), or under paragraphs (2) through (6) of such section (as applicable).

(2)Eligibility for supplemental educational assistance under this subsection shall be determined in accordance with the provisions of subchapter III of chapter 30, except that any reference in such provisions to eligibility for basic educational assistance under a provision of subchapter II of chapter 30 shall be treated as a reference to eligibility for educational assistance under the appropriate provision of this chapter.

(3)The amount of supplemental educational assistance payable under this subsection shall be the amount equal to the monthly amount of supplemental educational assistance payable under section 3022.

(c)(1)An individual who made an election to receive educational assistance under this chapter pursuant to section 5003(c)(1)(A) of the Post-9/11 Veterans Educational Assistance Act of 2008 (38 U.S.C. 3301 note) and who, at the time of the election, was entitled to increased educational assistance under section 3015(d) or section 16131(i) of title 10 shall remain entitled to increased educational assistance in the utilization of the individual’s entitlement to educational assistance under this chapter.

(2)The monthly rate of increased educational assistance payable to an individual under paragraph (1) shall be—

(A)the rate of educational assistance otherwise payable to the individual under section 3015(d) or section 16131(i) of title 10, as the case may be, had the individual not made the election described in paragraph (1), multiplied by

(B)the lesser of—

(i)1.0; or

(ii)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 the program of education, rounded to the nearest multiple of 10.

(3)Payment of the amounts payable under paragraph (1) during pursuit of a program of education shall be made on a monthly basis.

(d)Payments for increased educational assistance under this section shall be made from the Department of Defense Education Benefits Fund under section 2006 of title 10 or from appropriations available to the Department of Homeland Security for that purpose, as applicable.

(e)The Secretaries concerned shall administer this section in accordance with such regulations as the Secretary of Defense shall prescribe.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 5003(c)(1)(A) of the Post-9/11 Veterans Educational Assistance Act of 2008, referred to in subsec. (c)(1), is section 5003(c)(1)(A) of Pub. L. 110–252, which is set out as a note under section 3301 of this title.

Amendments

2017—Subsecs. (a)(1), (b)(1). Pub. L. 115–48 substituted “paragraphs (2) through (6)” for “paragraphs (2) through (7)”. 2011—Subsec. (c). Pub. L. 111–377, § 109(a)(2), added subsec. (c). Former subsec. (c) redesignated (e). Subsec. (d). Pub. L. 111–377, § 109(b)(1), added subsec. (d). Subsec. (e). Pub. L. 111–377, § 109(a)(1), redesignated subsec. (c) as (e). 2010—Subsec. (b)(2). Pub. L. 111–275, § 1001(g)(4), substituted “supplemental” for “supplement”. Subsec. (b)(3). Pub. L. 111–275, § 1001(g)(5), substituted “educational assistance payable under section 3022” for “educational payable under section 3022”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2017 AmendmentAmendment by Pub. L. 115–48 effective 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 2011 AmendmentAmendment by Pub. L. 111–377 effective Aug. 1, 2011, see section 109(c) of Pub. L. 111–377, set out as a note under section 2006 of Title 10, Armed Forces.

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.

§3316 Supplemental Educational Assistance: Members with Critical Skills or Specialty; Members Serving Additional Service

Summary

Title 38, §3316

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata