US (United States) Code. Title 38. Chapter 34: Veterans educational assistance

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Veterans Benefits

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-CITE-

38 USC CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

-HEAD-

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

-MISC1-

SUBCHAPTER I - PURPOSE - DEFINITIONS

Sec.

3451. Purpose.

3452. Definitions.

SUBCHAPTER II - ELIGIBILITY AND ENTITLEMENT

3461. Eligibility; entitlement; duration.

3462. Time limitations for completing a program of

education.

SUBCHAPTER III - ENROLLMENT

3470. Selection of program.

3471. Applications; approval.

[3473. Repealed.]

3474. Discontinuance for unsatisfactory conduct or progress.

3476. Education outside the United States.

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT

SERVICES

3481. Educational assistance allowance.

3482. Computation of educational assistance allowances.

3483. Approval of courses.

3484. Apprenticeship or other on-job training;

correspondence courses.

3485. Work-study allowance.

SUBCHAPTER V - SPECIAL ASSISTANCE FOR THE EDUCATIONALLY

DISADVANTAGED

3490. Purpose.

3491. Elementary and secondary education and preparatory

educational assistance.

3492. Tutorial assistance.

3493. Effect on educational entitlement.

AMENDMENTS

1992 - Pub. L. 102-568, title III, Sec. 313(a)(3)(B), Oct. 29,

1992, 106 Stat. 4332, struck out item 3473 "Disapproval of

enrollment in certain courses".

1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406,

renumbered items 1651 to 1693 as 3451 to 3493, respectively.

Pub. L. 102-16, Sec. 2(b)(1)(B), Mar. 22, 1991, 105 Stat. 49,

struck out item 1663 "Educational and vocational counseling".

1989 - Pub. L. 101-237, title IV, Sec. 405(d)(4)(B), Dec. 18,

1989, 103 Stat. 2082, substituted "Work-study allowance" for

"Veteran-student services" in item 1685.

1988 - Pub. L. 100-689, title I, Secs. 107(c)(2)(B), 124(c)(1),

Nov. 18, 1988, 102 Stat. 4169, 4175, substituted "Tutorial

assistance" for "Special supplementary assistance" in item 1692 and

struck out items 1682A "Accelerated payment of educational

assistance allowances" and 1686 "Education loans".

1981 - Pub. L. 97-35, title XX, Sec. 2003(b)(3)(B), Aug. 13,

1981, 95 Stat. 782, struck out item 1677 "Flight training".

1980 - Pub. L. 96-466, title VI, Sec. 601(a)(2), Oct. 17, 1980,

94 Stat. 2208, struck out "SUBCHAPTER VI - PREDISCHARGE EDUCATION

PROGRAM" heading and items 1695 "Purpose; definition", 1696

"Payment of educational assistance allowance", 1697 "Educational

and vocational guidance", and 1698 "Coordination with and

participation by Department of Defense".

1977 - Pub. L. 95-202, title II, Sec. 201(c)(1), Nov. 23, 1977,

91 Stat. 1438, added item 1682A.

1976 - Pub. L. 94-502, title II, Sec. 210(4), Oct. 15, 1976, 90

Stat. 2388, renumbered item 1697A as 1698.

1974 - Pub. L. 93-508, title III, Sec. 302(b), Dec. 3, 1974, 88

Stat. 1591, added item 1686.

1972 - Pub. L. 92-540, title IV, Sec. 404(a), Oct. 24, 1972, 86

Stat. 1090, inserted in Subchapter IV heading "VETERAN-STUDENT

SERVICES", and substituted in item 1683 "Approval of courses" for

"Apprenticeship or other on-job training"; in item 1684

"Apprenticeship or other on-job training; correspondence courses"

for "Measurement of courses", and in item 1685 "Veteran-student

services" for "Overcharges by educational institutions", struck out

item 1672 "Change of program", item 1675 "Period of operation for

approval", item 1686 "Approval of courses", and item 1687

"Discontinuance of allowances", and added item 1697A.

1970 - Pub. L. 91-219, title II, Sec. 204(b), Mar. 26, 1970, 84

Stat. 81, struck out item 1678 "Special training for the

educationally disadvantaged" and added subchapters V and VI.

1967 - Pub. L. 90-77, title III, Secs. 302(c), 304(b), 306(b)(1),

Aug. 31, 1967, 81 Stat. 185, 186, 188, added items 1677, 1678, and

1683, and renumbered former items 1683 to 1686 as 1684 to 1687,

respectively.

1966 - Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 12, added

"CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 101, 111, 113, 1521,

1718, 3011, 3012, 3015, 3016, 3033, 3202, 3485, 3670, 3671, 3672,

3673, 3674, 3680, 3681, 3682, 3683, 3684, 3685, 3687, 3688, 3689,

3690, 3693, 3694, 3695, 3696, 3697, 5113, 5307, 5313B, 7407 of this

title; title 26 sections 25A, 135, 6334; title 29 section 2913.

-End-

-CITE-

38 USC SUBCHAPTER I - PURPOSE - DEFINITIONS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER I - PURPOSE - DEFINITIONS

-HEAD-

SUBCHAPTER I - PURPOSE - DEFINITIONS

-End-

-CITE-

38 USC Sec. 3451 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER I - PURPOSE - DEFINITIONS

-HEAD-

Sec. 3451. Purpose

-STATUTE-

The Congress of the United States hereby declares that the

education program created by this chapter is for the purpose of (1)

enhancing and making more attractive service in the Armed Forces of

the United States, (2) extending the benefits of a higher education

to qualified and deserving young persons who might not otherwise be

able to afford such an education, (3) providing vocational

readjustment and restoring lost educational opportunities to those

service men and women whose careers have been interrupted or

impeded by reason of active duty after January 31, 1955, and (4)

aiding such persons in attaining the vocational and educational

status which they might normally have aspired to and obtained had

they not served their country.

-SOURCE-

(Added Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 12, Sec.

1651; renumbered Sec. 3451, Pub. L. 102-83, Sec. 5(a), Aug. 6,

1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising clauses (3) and (4) of

this section were contained in Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1175, which was classified to former section 1601(c) of this

title, prior to repeal by section 4(a) of Pub. L. 89-358.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1651 of this title as

this section.

EFFECTIVE DATE

Section 12(a) of Pub. L. 89-358 provided that: "Except as

otherwise specifically provided, the provisions of this Act [see

Tables for classification] shall take effect on the date of its

enactment [Mar. 3, 1966], but no educational assistance allowance

shall be payable under chapter 34 of title 38, United States Code,

as added by section 2 of this Act, for any period before June 1,

1966, nor for the month of June 1966, unless (1) the eligible

veteran commenced the pursuit of the course of education on or

after June 1, 1966, or (2) the pursuit of such course continued

through June 30, 1966."

SAVINGS PROVISION

Section 4(b) of Pub. L. 89-358 provided that: "Nothing in this

Act or any amendment or repeal made by it [see Tables for

classification], shall affect any right or liability (civil or

criminal) which matured under chapter 33 of this title 38 before

the date of enactment of this Act [Mar. 3, 1966]: and all offenses

committed, and all penalties and forfeitures incurred, under any

provision of law amended or repealed by this Act, may be punished

or recovered, as the case may be, in the same manner and with the

same effect as if such amendments or repeals had not been made."

-End-

-CITE-

38 USC Sec. 3452 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER I - PURPOSE - DEFINITIONS

-HEAD-

Sec. 3452. Definitions

-STATUTE-

For the purposes of this chapter and chapter 36 of this title -

(a)(1) The term "eligible veteran" means any veteran who -

(A) served on active duty for a period of more than 180 days,

any part of which occurred after January 31, 1955, and before

January 1, 1977, and was discharged or released therefrom under

conditions other than dishonorable;

(B) contracted with the Armed Forces and was enlisted in or

assigned to a reserve component prior to January 1, 1977, and as

a result of such enlistment or assignment served on active duty

for a period of more than 180 days, any part of which commenced

within 12 months after January 1, 1977, and was discharged or

released from such active duty under conditions other than

dishonorable; or

(C) was discharged or released from active duty, any part of

which was performed after January 31, 1955, and before January 1,

1977, or following entrance into active service from an

enlistment provided for under subparagraph (B), because of a

service-connected disability.

(2) The requirement of discharge or release, prescribed in

subparagraph (A) or (B) of paragraph (1), shall be waived in the

case of any individual who served more than 180 days in an

active-duty status for so long as such individual continues on

active duty without a break therein.

(3) For purposes of paragraph (1)(A) and section 3461(a), the

term "active duty" does not include any period during which an

individual (A) was assigned full time by the Armed Forces to a

civilian institution for a course of education which was

substantially the same as established courses offered to civilians,

(B) served as a cadet or midshipman at one of the service

academies, or (C) served under the provisions of section 12103(d)

of title 10 pursuant to an enlistment in the Army National Guard or

the Air National Guard or as a Reserve for service in the Army

Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or

Coast Guard Reserve unless at some time subsequent to the

completion of such period of active duty for training such

individual served on active duty for a consecutive period of one

year or more (not including any service as a cadet or midshipman at

one of the service academies).

(b) The term "program of education" means any curriculum or any

combination of unit courses or subjects pursued at an educational

institution which is generally accepted as necessary to fulfill

requirements for the attainment of a predetermined and identified

educational, professional, or vocational objective. Such term also

means any curriculum of unit courses or subjects pursued at an

educational institution which fulfill requirements for the

attainment of more than one predetermined and identified

educational, professional, or vocational objective if all the

objectives pursued are generally recognized as being reasonably

related to a single career field. Such term also means any unit

course or subject, or combination of courses or subjects, pursued

by an eligible veteran at an educational institution, required by

the Administrator of the Small Business Administration as a

condition to obtaining financial assistance under the provisions of

section 7(i)(1) of the Small Business Act (15 U.S.C. 636(i)(1)).

Such term also includes licensing or certification tests, the

successful completion of which demonstrates an individual's

possession of the knowledge or skill required to enter into,

maintain, or advance in employment in a predetermined and

identified vocation or profession, provided such tests and the

licensing or credentialing organizations or entities that offer

such tests are approved by the Secretary in accordance with section

3689 of this title.

(c) The term "educational institution" means any public or

private elementary school, secondary school, vocational school,

correspondence school, business school, junior college, teachers'

college, college, normal school, professional school, university,

or scientific or technical institution, or other institution

furnishing education for adults. Such term includes any entity that

provides training required for completion of any State-approved

alternative teacher certification program (as determined by the

Secretary). Such term also includes any private entity (that meets

such requirements as the Secretary may establish) that offers,

either directly or under an agreement with another entity (that

meets such requirements), a course or courses to fulfill

requirements for the attainment of a license or certificate

generally recognized as necessary to obtain, maintain, or advance

in employment in a profession or vocation in a high technology

occupation (as determined by the Secretary).

(d) The term "dependent" means -

(1) a child of an eligible veteran;

(2) a dependent parent of an eligible veteran; and

(3) the spouse of an eligible veteran.

(e) The term "training establishment" means any establishment

providing apprentice or other training on the job, including those

under the supervision of a college or university or any State

department of education, or any State apprenticeship agency, or any

State board or vocational education, or any joint apprenticeship

committee, or the Bureau of Apprenticeship and Training established

pursuant to the Act of August 16, 1937, popularly known as the

"National Apprenticeship Act" (29 U.S.C. 50 et seq.), or any agency

of the Federal Government authorized to supervise such training.

(f) The term "institution of higher learning" means a college,

university, or similar institution, including a technical or

business school, offering postsecondary level academic instruction

that leads to an associate or higher degree if the school is

empowered by the appropriate State education authority under State

law to grant an associate or higher degree. When there is no State

law to authorize the granting of a degree, the school may be

recognized as an institution of higher learning if it is accredited

for degree programs by a recognized accrediting agency. Such term

shall also include a hospital offering educational programs at the

postsecondary level without regard to whether the hospital grants a

postsecondary degree. Such term shall also include an educational

institution which is not located in a State, which offers a course

leading to a standard college degree, or the equivalent, and which

is recognized as such by the secretary of education (or comparable

official) of the country or other jurisdiction in which the

institution is located.

(g) The term "standard college degree" means an associate or

higher degree awarded by (1) an institution of higher learning that

is accredited as a collegiate institution by a recognized regional

or national accrediting agency; or (2) an institution of higher

learning that is a "candidate" for accreditation as that term is

used by the regional or national accrediting agencies; or (3) an

institution of higher learning upon completion of a course which is

accredited by an agency recognized to accredit specialized

degree-level programs. For the purpose of this section, the

accrediting agency must be one recognized by the Secretary of

Education under the provisions of section 3675 of this title.

-SOURCE-

(Added Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 13, Sec.

1652; amended Pub. L. 90-77, title III, Sec. 304(c), Aug. 31, 1967,

81 Stat. 186; Pub. L. 91-219, title II, Sec. 201, Mar. 26, 1970, 84

Stat. 78; Pub. L. 91-584, Sec. 10, Dec. 24, 1970, 84 Stat. 1577;

Pub. L. 93-508, title II, Sec. 201, Dec. 3, 1974, 88 Stat. 1581;

Pub. L. 94-502, title II, Secs. 202, 210(1), 211(1), title IV, Sec.

402, Oct. 15, 1976, 90 Stat. 2385, 2388, 2392; Pub. L. 96-466,

title III, Sec. 307(a), title VIII, Sec. 801(a), Oct. 17, 1980, 94

Stat. 2193, 2216; Pub. L. 97-295, Sec. 4(38), Oct. 12, 1982, 96

Stat. 1307; renumbered Sec. 3452 and amended Pub. L. 102-83, Sec.

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446, title

VI, Sec. 603(a), Nov. 2, 1994, 108 Stat. 4671; Pub. L. 104-275,

title I, Sec. 102, Oct. 9, 1996, 110 Stat. 3326; Pub. L. 106-419,

title I, Sec. 122(a), Nov. 1, 2000, 114 Stat. 1833; Pub. L. 107-14,

Sec. 8(a)(4), June 5, 2001, 115 Stat. 34; Pub. L. 107-103, title I,

Sec. 110(a), Dec. 27, 2001, 115 Stat. 986.)

-REFTEXT-

REFERENCES IN TEXT

The National Apprenticeship Act, referred to in subsec. (e), is

act Aug. 16, 1937, ch. 663, 50 Stat. 664, as amended, which is

classified generally to chapter 4C (Sec. 50 et seq.) of Title 29,

Labor. For complete classification of this Act to the Code, see

Short Title note set out under section 50 of Title 29 and Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising subsecs. (a) to (d) of

this section were contained in Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1174, 1176, which was classified to former sections

1601(a)(2) and 1611(a)(1), and 1601(a)(3), (5), and (6) of this

title, respectively, prior to repeal by section 4(a) of Pub. L.

89-358.

AMENDMENTS

2001 - Subsec. (a)(1)(A). Pub. L. 107-14, Sec. 8(a)(4)(A)(i),

struck out "or" at end.

Subsec. (a)(1)(C). Pub. L. 107-14, Sec. 8(a)(4)(A)(ii),

substituted "subparagraph (B)" for "clause (B) of this paragraph".

Subsec. (a)(2). Pub. L. 107-14, Sec. 8(a)(4)(B), substituted

"subparagraph (A) or (B) of paragraph (1)" for "paragraph (1)(A) or

(B)" and "180 days" for "one hundred and eighty days".

Subsec. (a)(3). Pub. L. 107-14, Sec. 8(a)(4)(C), substituted

"section 12103(d) of title 10" for "section 511(d) of title 10".

Subsec. (c). Pub. L. 107-103 inserted at end "Such term also

includes any private entity (that meets such requirements as the

Secretary may establish) that offers, either directly or under an

agreement with another entity (that meets such requirements), a

course or courses to fulfill requirements for the attainment of a

license or certificate generally recognized as necessary to obtain,

maintain, or advance in employment in a profession or vocation in a

high technology occupation (as determined by the Secretary)."

Subsec. (e). Pub. L. 107-14, Sec. 8(a)(4)(D), substituted "the

Act of August 16, 1937, popularly known as the 'National

Apprenticeship Act' (29 U.S.C. 50 et seq.)," for "chapter 4C of

title 29,".

2000 - Subsec. (b). Pub. L. 106-419 inserted at end "Such term

also includes licensing or certification tests, the successful

completion of which demonstrates an individual's possession of the

knowledge or skill required to enter into, maintain, or advance in

employment in a predetermined and identified vocation or

profession, provided such tests and the licensing or credentialing

organizations or entities that offer such tests are approved by the

Secretary in accordance with section 3689 of this title."

1996 - Subsec. (c). Pub. L. 104-275 substituted "Such" for "For

the period ending on September 30, 1996, such".

1994 - Subsec. (c). Pub. L. 103-446 inserted at end "For the

period ending on September 30, 1996, such term includes any entity

that provides training required for completion of any

State-approved alternative teacher certification program (as

determined by the Secretary)."

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1652 of this

title as this section.

Subsec. (a)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3461(a)" for "1661(a)".

Subsec. (g). Pub. L. 102-83, Sec. 5(c)(1), substituted "3675" for

"1775".

1982 - Subsec. (b). Pub. L. 97-295 substituted "section 7(i)(1)

of the Small Business Act (15 U.S.C. 636(i)(1))" for "402(a) of the

Economic Opportunity Act of 1964 (42 U.S.C. 2902(a))".

1980 - Pub. L. 96-466, Sec. 801(a)(1), inserted "and chapter 36

of this title" after "chapter" in introductory text.

Subsec. (e). Pub. L. 96-466, Sec. 801(a)(2), substituted "The"

for "For the purposes of this chapter and chapter 36 of this title,

the".

Subsec. (f). Pub. L. 96-466, Secs. 307(a), 801(a)(2), substituted

"The" for "For the purposes of this chapter and chapter 36 of this

title, the" and inserted provision including within "institution of

higher learning" an educational institution which is not located in

a State, which offers a course leading to a standard college

degree, or the equivalent, and which is recognized as such by the

secretary of education (or comparable official) of the country or

other jurisdiction in which the institution is located.

Subsec. (g). Pub. L. 96-466, Sec. 801(a)(2), (3), substituted

"The" for "For the purposes of this chapter and chapter 36 of this

title, the" and "Secretary of Education" for "Commissioner of

Education".

1976 - Subsec. (a)(1). Pub. L. 94-502, Sec. 402(1), restricted

the definition of an eligible veteran to a veteran who commenced

his active duty requirement after Jan. 31, 1955 but before Jan. 1,

1977, with the exception of a veteran who enlisted or was assigned

to a reserve component before Jan. 1, 1977 and commenced his active

duty requirement within 12 months following Jan. 1, 1977.

Subsec. (a)(2). Pub. L. 94-502, Secs. 211(1), 402(2), substituted

"such individual" for "he" and inserted "or (B)" after "paragraph

(1)(A)".

Subsec. (d)(3). Pub. L. 94-502, Sec. 211(1), substituted "spouse"

for "wife".

Subsec. (e). Pub. L. 94-502, Sec. 210(1), struck out "United

States Code," after "chapter 4C of title 29,".

Subsecs. (f), (g). Pub. L. 94-502, Sec. 202, added subsecs. (f)

and (g).

1974 - Subsec. (a)(3). Pub. L. 93-508 substituted "Coast Guard

Reserve unless at some time subsequent to the completion of such

period of active duty for training such individual served on active

duty for a consecutive period of one year or more (not including

any service as a cadet or midshipman at one of the service

academies)" for "Coast Guard Reserve".

1970 - Subsec. (a)(2). Pub. L. 91-584, Sec. 10(1), substituted

"more than one hundred eighty days" for "at least two years".

Subsec. (b). Pub. L. 91-584, Sec. 10(2), expanded the definition

of "program of education" to include unit course or subject, or

combination of courses or subjects, pursued by eligible veterans at

an educational institution, required by the Administrator of the

Small Business Administration as a condition to obtaining financial

assistance under section 2902(a) of title 42.

Pub. L. 91-219, Sec. 201(a), provided that a program of education

may include more than one predetermined and identified educational,

professional, or vocational objective if all the objectives pursued

are generally recognized as being reasonably related to single

career field.

Subsec. (c). Pub. L. 91-219, Sec. 201(b), included within the

term "educational institution" any public or private "elementary"

school, and substituted "other institution furnishing education for

adults", for "any other institution if it furnishes education at

the secondary school level or above".

1967 - Subsec. (e). Pub. L. 90-77 added subsec. (e).

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-103, title I, Sec. 110(b), Dec. 27, 2001, 115 Stat.

986, provided that: "The amendments made by subsection (a)

[amending this section and section 3501 of this title] shall apply

to enrollments in courses beginning on or after the date of the

enactment of this Act [Dec. 27, 2001]."

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-419 effective Mar. 1, 2001, and

applicable with respect to licensing and certification tests

approved by the Secretary of Veterans Affairs on or after such

date, see section 122(d) of Pub. L. 106-419, set out as a note

under section 3032 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 802(c) of Pub. L. 96-466 provided that:

"(1) Except as provided in paragraph (2), the amendments made by

title III [see Tables for classification] shall become effective on

October 1, 1980.

"(2) Paragraph (2) of section 1691(a) [probably means 1691(b),

now 3491(b)] of title 38, United States Code, as added by section

311(2), shall not apply to any person receiving educational

assistance under chapter 34 of title 38, United States Code, on

October 1, 1980, for the pursuit of a program of education, as

defined in section 1652(b) [now 3452(b)] of such title, in which

such person is enrolled on that date, for as long as such person

continuously thereafter is so enrolled and meets the requirements

of eligibility for such assistance for pursuit of such program."

Section 802(h) of Pub. L. 96-466 provided that: "Section 801 [see

Tables for classification] shall become effective on October 1,

1980."

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by sections 202, 210(1), and 211(1) of Pub. L. 94-502

effective Oct. 15, 1976, see section 703(b) of Pub. L. 94-502, set

out as an Effective Date note under section 3693 of this title.

Amendment by section 402 of Pub. L. 94-502 effective Jan. 1,

1977, see section 406 of Pub. L. 94-502, set out as an Effective

Date note under section 3201 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 503 of Pub. L. 93-508 provided that: "Titles II and IV of

this Act [see Tables for classification] shall become effective on

the date of their enactment [Dec. 3, 1974]."

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-77 effective first day of first calendar

month which begins more than ten days after Aug. 31, 1967, see

section 405 of Pub. L. 90-77, set out as a note under section 101

of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1524, 3002, 3031, 3032,

3101, 3202, 3232, 3461, 3482, 3672, 3686, 3687, 3689 of this title;

title 20 section 1070d.

-End-

-CITE-

38 USC SUBCHAPTER II - ELIGIBILITY AND ENTITLEMENT 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER II - ELIGIBILITY AND ENTITLEMENT

-HEAD-

SUBCHAPTER II - ELIGIBILITY AND ENTITLEMENT

-End-

-CITE-

38 USC Sec. 3461 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER II - ELIGIBILITY AND ENTITLEMENT

-HEAD-

Sec. 3461. Eligibility; entitlement; duration

-STATUTE-

-HEAD-

ENTITLEMENT

(a) Except as provided in subsection (c) and in the second

sentence of this subsection, each eligible veteran shall be

entitled to educational assistance under this chapter or chapter 36

for a period of one and one-half months (or the equivalent thereof

in part-time educational assistance) for each month or fraction

thereof of the veteran's service on active duty after January 31,

1955. If an eligible veteran has served a period of 18 months or

more on active duty after January 31, 1955, and has been released

from such service under conditions that would satisfy the veteran's

active duty obligation, the veteran shall be entitled to

educational assistance under this chapter for a period of 45 months

(or the equivalent thereof in part-time educational assistance). In

the case of any person serving on active duty on December 31, 1976,

or a person whose eligibility is based on section 3452(a)(1)(B) of

this chapter, the ending date for computing such person's

entitlement shall be the date of such person's first discharge or

release from active duty after December 31, 1976.

ENTITLEMENT LIMITATIONS

(b) Whenever the period of entitlement under this section of an

eligible veteran who is enrolled in an educational institution

regularly operated on the quarter or semester system ends during a

quarter or semester, such period shall be extended to the

termination of such unexpired quarter or semester. In educational

institutions not operated on the quarter or semester system,

whenever the period of eligibility ends after a major portion of

the course is completed such period shall be extended to the end of

the course or for twelve weeks, whichever is the lesser period.

(c) Except as provided in subsection (b) and in subchapter V of

this chapter, no eligible veteran shall receive educational

assistance under this chapter in excess of 45 months.

-SOURCE-

(Added Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 13, Sec.

1661; amended Pub. L. 90-77, title III, Sec. 306(b)(2), Aug. 31,

1967, 81 Stat. 188; Pub. L. 90-631, Sec. 1(b), Oct. 23, 1968, 82

Stat. 1331; Pub. L. 91-219, title II, Sec. 204(a)(1), Mar. 26,

1970, 84 Stat. 79; Pub. L. 92-540, title IV, Sec. 401(1), Oct. 24,

1972, 86 Stat. 1089; Pub. L. 93-508, title II, Sec. 202, Dec. 3,

1974, 88 Stat. 1581; Pub. L. 94-502, title II, Secs. 203, 211(2),

title IV, Sec. 403(a), Oct. 15, 1976, 90 Stat. 2386, 2388, 2393;

Pub. L. 96-466, title VI, Sec. 601(b), Oct. 17, 1980, 94 Stat.

2208; renumbered Sec. 3461 and amended Pub. L. 102-83, Sec. 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising subsecs. (a) to (c) of

this section were contained in Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1176, which was classified to former sections 1610 and

1611(a), 1611(a)(2), (3), and 1611(b) of this title, respectively,

prior to repeal by section 4(a) of Pub. L. 89-358.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1661 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3452(a)(1)(B)" for "1652(a)(1)(B)".

1980 - Subsec. (c). Pub. L. 96-466 substituted "subchapter V of

this chapter" for "subchapters V and VI of this chapter".

1976 - Subsec. (a). Pub. L. 94-502, Secs. 203(1), 211(2), 403(a),

substituted "45 months" for "36 months", "the veteran's" for "his"

in two places, and "the veteran" for "he", inserted provision

establishing the final date of entitlement for person serving on

active duty on Dec. 31, 1976 or whose eligibility is based on

section 1652(a)(1)(B) of this title as the date of discharge or

release from active duty after Dec. 31, 1976, and struck out

provision which authorized an additional number of months not

exceeding nine to be used for a program leading to a standard

undergraduate degree.

Subsec. (c). Pub. L. 94-502, Sec. 203(2), substituted "subsection

(b)" for "subsections (a) and (b)" and "45 months" for "thirty-six

months".

1974 - Subsec. (a). Pub. L. 93-508, Sec. 202(1), inserted "plus

an additional number of months, not exceeding nine, as may be

utilized in pursuit of a program of education leading to a standard

undergraduate college degree".

Subsec. (c). Pub. L. 93-508, Sec. 202(2), inserted reference to

subsec. (a).

1972 - Subsec. (a). Pub. L. 92-540 inserted reference to chapter

36.

1970 - Subsec. (c). Pub. L. 91-219 substituted "subchapters V and

VI of this chapter" for "section 1678 of this title".

1968 - Subsec. (a). Pub. L. 90-631, Sec. 1(b)(1), substituted

references to subsec. (c) and the second sentence of this subsec.

for reference to subsec. (b), increased from one month to one and

one-half months the amount of educational assistance each eligible

veteran shall receive for each month or fraction thereof of active

duty service after Jan. 31, 1955, and inserted provisions that an

eligible veteran who has served 18 months or more on active duty

after Jan. 31, 1955, and has been released under conditions that

would satisfy his active duty obligation, shall be entitled to

educational assistance under this chapter for a period of 36

months.

Subsec. (b). Pub. L. 90-631, Sec. 1(b)(2), (3), redesignated

subsec. (c) as (b). Former subsec. (b), which set forth entitlement

limitations on the amount of educational assistance an eligible

veteran, shall receive under this chapter, was struck out.

Subsec. (c). Pub. L. 90-631, Sec. 1(b), (3), (4), added subsec.

(c). Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 90-631, Sec. 1(b)(2), struck out subsec. (d)

which required an eligible veteran to elect either educational

assistance or vocational rehabilitation when such veteran is

entitled to both, or becomes entitled to vocational rehabilitation

after receiving educational assistance.

1967 - Subsec. (b). Pub. L. 90-77 inserted "and in section 1678

of this chapter" after "subsection (c)".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as

otherwise specifically provided, see section 802(f) of Pub. L.

96-466, set out as an Effective Date note under section 5314 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by sections 203 and 211(2) of Pub. L. 94-502 effective

Oct. 1, 1976, and Oct. 15, 1976, respectively, see section 703(a),

(b) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

Amendment by section 403(a) of Pub. L. 94-502 effective Jan. 1,

1977, see section 406 of Pub. L. 94-502, set out as a note under

section 3201 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section

503 of Pub. L. 93-508, set out as a note under section 3452 of this

title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-631 effective first day of second

calendar month which begins after Oct. 23, 1968, see section 6(a)

of Pub. L. 90-631, set out as an Effective Date note under section

3500 of this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-77 effective first day of first calendar

month which begins more than ten days after Aug. 31, 1967, see

section 405 of Pub. L. 90-77, set out as a note under section 101

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3452, 3462, 3482, 3493,

3698 of this title.

-End-

-CITE-

38 USC Sec. 3462 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER II - ELIGIBILITY AND ENTITLEMENT

-HEAD-

Sec. 3462. Time limitations for completing a program of education

-STATUTE-

-HEAD-

DELIMITING PERIOD FOR COMPLETION

(a)(1) Subject to paragraph (4) of this subsection, no

educational assistance shall be afforded an eligible veteran under

this chapter beyond the date 10 years after the veteran's last

discharge or release from active duty after January 31, 1955;

except that, in the case of any eligible veteran who was prevented

from initiating or completing such veteran's chosen program of

education within such time period because of a physical or mental

disability which was not the result of such veteran's own willful

misconduct, such veteran shall, upon application made within one

year after (A) the last date of the delimiting period otherwise

applicable under this section, (B) the termination of the period of

such mental or physical disability, or (C) October 1, 1980,

whichever is the latest, be granted an extension of the applicable

delimiting period for such length of time as the Secretary

determines, from the evidence, that such veteran was so prevented

from initiating or completing such program of education. When an

extension of the applicable delimiting period is granted a veteran

under the preceding sentence, the delimiting period with respect to

such veteran will again begin running on the first day following

such veteran's recovery from such disability on which it is

reasonably feasible, as determined in accordance with regulations

which the Secretary shall prescribe, for such veteran to initiate

or resume pursuit of a program of education with educational

assistance under this chapter.

(2)(A) Notwithstanding the provisions of paragraph (1) of this

subsection, any veteran shall be permitted to use any of such

veteran's unused entitlement under section 3461 of this title for

the purposes of eligibility for an education loan, pursuant to the

provisions of subchapter III of chapter 36 of this title, after the

delimiting date otherwise applicable to such veteran under such

paragraph (1), if such veteran was pursuing an approved program of

education on a full-time basis at the time of the expiration of

such veteran's eligibility.

(B) Notwithstanding any other provision of this chapter or

chapter 36 of this title, any veteran whose delimiting period is

extended under subparagraph (A) of this paragraph may continue to

use any unused loan entitlement under this paragraph as long as the

veteran continues to be enrolled on a full-time basis in pursuit of

the approved program of education in which such veteran was

enrolled at the time of expiration of such veteran's eligibility

(i) until such entitlement is exhausted, (ii) until the expiration

of two years after November 23, 1977, or the date of the expiration

of the delimiting date otherwise applicable to such veteran under

paragraph (1) of this subsection, whichever is later, or (iii)

until such veteran has completed the approved program of education

in which such veteran was enrolled at the end of the delimiting

period referred to in paragraph (1) of this subsection, whichever

occurs first.

[(3) Repealed. Pub. L. 107-14, Sec. 8(a)(5), June 5, 2001, 115

Stat. 34.]

(4) For purposes of paragraph (1) of this subsection, a veteran'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 individual involved is

discharged or released for a service-connected disability, for a

medical condition which preexisted such service and which the

Secretary determines is not service connected, for hardship, or as

a result of a reduction in force as described in section

3011(a)(1)(A)(ii)(III) of this title.

CORRECTION OF DISCHARGE

(b) In the case of any eligible veteran who has been prevented,

as determined by the Secretary, from completing a program of

education under this chapter within the period prescribed by

subsection (a), because the veteran had not met the nature of

discharge requirements of this chapter before a change, correction,

or modification of a discharge or dismissal made pursuant to

section 1553 of title 10, the correction of the military records of

the proper service department under section 1552 of title 10, or

other corrective action by competent authority, then the 10-year

delimiting period shall run from the date the veteran's discharge

or dismissal was changed, corrected, or modified.

SAVINGS CLAUSE

(c) In the case of any eligible veteran who was discharged or

released from active duty before June 1, 1966, the 10-year

delimiting period shall run from such date, if it is later than the

date which otherwise would be applicable. In the case of any

eligible veteran who was discharged or released from active duty

before August 31, 1967, and who pursues a course of farm

cooperative training, apprenticeship or other training on the job,

the 10-year delimiting period shall run from August 31, 1967, if it

is later than the date which would otherwise be applicable.

(d) In the case of any veteran (1) who served on or after January

31, 1955, (2) who became eligible for educational assistance under

the provisions of this chapter or chapter 36 of this title, and (3)

who, subsequent to the veteran's last discharge or release from

active duty, was captured and held as a prisoner of war by a

foreign government or power, there shall be excluded, in computing

the veteran's 10-year period of eligibility for educational

assistance, any period during which the veteran was so detained and

any period immediately following the veteran's release from such

detention during which the veteran was hospitalized at a military,

civilian, or Department of Veterans Affairs medical facility.

(e) No educational assistance shall be afforded any eligible

veteran under this chapter or chapter 36 of this title after

December 31, 1989.

-SOURCE-

(Added Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 14, Sec.

1662; amended Pub. L. 90-77, title III, Sec. 305, Aug. 31, 1967, 81

Stat. 188; Pub. L. 93-337, Sec. 1, July 10, 1974, 88 Stat. 292;

Pub. L. 94-502, title II, Sec. 211(3), title IV, Sec. 403(b), Oct.

15, 1976, 90 Stat. 2388, 2393; Pub. L. 95-202, title II, Sec.

203(a)(1), (b)(1), Nov. 23, 1977, 91 Stat. 1439; Pub. L. 96-466,

title III, Sec. 301, Oct. 17, 1980, 94 Stat. 2191; Pub. L. 97-35,

title XX, Sec. 2003(b)(1), Aug. 13, 1981, 95 Stat. 782; Pub. L.

97-72, title II, Sec. 201(a), Nov. 3, 1981, 95 Stat. 1054; Pub. L.

97-295, Sec. 4(39), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 97-306,

title II, Sec. 206(a), Oct. 14, 1982, 96 Stat. 1435; Pub. L.

98-160, title VII, Sec. 702(10), Nov. 21, 1983, 97 Stat. 1009; Pub.

L. 101-237, title IV, Secs. 420(a)(3), 423(b)(1), Dec. 18, 1989,

103 Stat. 2087, 2092; renumbered Sec. 3462 and amended Pub. L.

102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L.

107-14, Sec. 8(a)(5), June 5, 2001, 115 Stat. 34.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising subsecs. (a) and (b) of

this section were contained in Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1176, which was classified to former sections 1612(c) and

1613(a), and 1612(a) of this title, respectively, prior to repeal

by section 4(a) of Pub. L. 89-358.

AMENDMENTS

2001 - Subsec. (a)(3). Pub. L. 107-14 struck out par. (3) which

permitted eligible Vietnam-era veterans to use unused entitlements

under section 3461 for enumerated educational purposes and directed

that veterans be provided with employment counseling.

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1662 of this

title as this section.

Subsec. (a)(2)(A), (3)(A). Pub. L. 102-83, Sec. 5(c)(1),

substituted "3461" for "1661".

Subsec. (a)(3)(C)(ii). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3491(b)(2)" for "1691(b)(2)".

Subsec. (a)(4). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3011(a)(1)(A)(ii)(III)" for "1411(a)(1)(A)(ii)(III)".

1989 - Subsec. (a)(1). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator" wherever appearing.

Pub. L. 101-237, Sec. 420(a)(3)(B), substituted "Subject to

paragraph (4) of this subsection, no" for "No".

Subsec. (a)(3)(B), (C)(i). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (a)(4). Pub. L. 101-237, Sec. 420(a)(3)(A), added par.

(4).

Subsec. (b). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator".

Subsec. (d). Pub. L. 101-237, Sec. 423(b)(1)(B), substituted

"Department of Veterans Affairs" for "Veterans' Administration".

1983 - Subsec. (a)(1)(C). Pub. L. 98-160 substituted "October 1,

1980" for "the effective date of the Veterans' Rehabilitation and

Education Amendments of 1980".

1982 - Subsec. (a)(2)(B). Pub. L. 97-295, Sec. 4(39)(A),

substituted "November 23, 1977," for "the date of enactment of this

paragraph".

Subsec. (a)(3)(C)(i). Pub. L. 97-306, Sec. 206(a)(1), substituted

"shall" for "may" after "Educational assistance", and substituted

"unless the Administrator determines, based on an examination of

the veteran's employment and training history, that the veteran is

not in need of such a program or course in order to obtain a

reasonably stable employment situation consistent with the

veteran's abilities and aptitudes" for "only if the veteran has

been determined by the Administrator to be in need of such a

program or course in order to achieve a suitable occupational or

vocational objective".

Subsec. (a)(3)(D). Pub. L. 97-306, Sec. 206(a)(2), substituted

"December 31, 1984" for "December 31, 1983".

Subsec. (c). Pub. L. 97-295, Sec. 4(39)(B), substituted "June 1,

1966" for "the date for which an educational assistance allowance

is first payable under this chapter", "August 31, 1967," for "the

date of enactment of this sentence" after "active duty before", and

"August 31, 1967" for "the date of enactment of this sentence"

after "shall run from".

1981 - Subsec. (a)(3). Pub. L. 97-72 added par. (3).

Subsec. (c). Pub. L. 97-35 struck out provisions relating to

applicability to flight training.

1980 - Subsec. (a)(1). Pub. L. 96-466 inserted "made within one

year after (A) the last date of the delimiting period otherwise

applicable under this section, (B) the termination of the period of

such mental or physical disability, or (C) the effective date of

the Veterans' Rehabilitation and Education Amendments of 1980,

whichever is the latest" after "application", inserted "so" after

"that such veteran was"; and inserted provision relating to the

running of the delimiting period when an extension of the

applicable delimiting period is granted a veteran.

1977 - Subsec. (a). Pub. L. 95-202 designated existing provisions

as par. (1), added par. (2), and inserted "except that, in the case

of any eligible veteran who was prevented from initiating or

completing such veteran's chosen program of education within such

time period because of a physical or mental disability which was

not the result of such veteran's own willful misconduct, such

veteran shall, upon application, be granted an extension of the

applicable delimiting period for such length of time as the

Administrator determines, from the evidence, that such veteran was

prevented from initiating or completing such program of education"

after "active duty after January 31, 1955" in par. (1) as so

redesignated.

1976 - Subsec. (a). Pub. L. 94-502, Sec. 211(3), substituted "the

veteran's" for "his".

Subsecs. (b), (d). Pub. L. 94-502, Sec. 211(3), substituted "the

veteran's" for "his" and "the veteran" for "he", wherever

appearing.

Subsec. (e). Pub. L. 94-502, Sec. 403(b), added subsec. (e).

1974 - Subsec. (a). Pub. L. 93-337, Sec. 1(1), substituted "10"

for "eight".

Subsec. (b). Pub. L. 93-337, Sec. 1(2), substituted "10-year" for

"8-year".

Subsec. (c). Pub. L. 93-337, Sec. 1(3), substituted "10-year" for

"8-year" and "eight year," respectively.

Subsec. (d). Pub. L. 93-337, Sec. 1(4), added subsec. (d).

1967 - Subsec. (c). Pub. L. 90-77 inserted second sentence

respecting commencement of the delimiting period in the case of an

eligible veteran discharged from active duty and pursuing training

on the job or flight training.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 206(c) of Pub. L. 97-306 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect as

of January 1, 1982."

EFFECTIVE DATE OF 1981 AMENDMENTS

Section 201(b) of Pub. L. 97-72 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

January 1, 1982."

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as

otherwise provided, see section 2006 of Pub. L. 97-35, set out as a

note under section 3231 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as

otherwise specifically provided, see section 802(c) of Pub. L.

96-466, set out as a note under section 3452 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-202 effective retroactively to May 31,

1976, see section 501 of Pub. L. 95-202, set out as a note under

section 101 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by section 211(3) of Pub. L. 94-502 effective Oct. 15,

1976, see section 703(b) of Pub. L. 94-502, set out as an Effective

Date note under section 3693 of this title.

Amendment by section 403(b) of Pub. L. 94-502 effective Jan. 1,

1977, see section 406 of Pub. L. 94-502, set out as an Effective

Date note under section 3201 of this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-77 effective first day of first calendar

month which begins more than ten days after Aug. 31, 1967, see

section 405 of Pub. L. 90-77, set out as a note under section 101

of this title.

PROPOSAL OF REGULATIONS

Section 206(b) of Pub. L. 97-306 directed Administrator of

Veterans' Affairs to publish, not later than 30 days after Oct. 14,

1982, proposed regulations under subsec. (a)(3)(C)(i) of this

section and to publish, not later than 90 days after Oct. 14, 1982,

final regulations under subsec. (a)(3)(C)(i).

EXTENSION OF TIME FOR PURSUIT OF EDUCATIONAL PROGRAMS

Pub. L. 93-293, May 31, 1974, 88 Stat. 176, provided that the

eight-year delimiting date for pursuit of educational programs

under this chapter for eligible veterans discharged or released

from active duty between Jan. 31, 1955, and Sept. 1, 1966, with

certain exceptions, was to run from July 1, 1966.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3512, 3698 of this title.

-End-

-CITE-

38 USC Sec. 3463 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER II - ELIGIBILITY AND ENTITLEMENT

-HEAD-

[Sec. 3463. Vacant]

-COD-

CODIFICATION

Prior to renumbering of sections 1651 to 1693 of this chapter as

sections 3451 to 3493 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,

105 Stat. 406, section 1663 of this chapter, added Pub. L. 89-358,

Sec. 2, Mar. 3, 1966, 80 Stat. 15; and amended Pub. L. 94-502,

title II, Sec. 211(4), Oct. 15, 1976, 90 Stat. 2388; Pub. L.

95-202, title III, Sec. 302(a), Nov. 23, 1977, 91 Stat. 1440; Pub.

L. 99-576, title III, Sec. 312, Oct. 28, 1986, 100 Stat. 3273; Pub.

L. 101-237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat.

2092, which related to educational and vocational counseling, was

repealed by Pub. L. 102-16, Sec. 2(b)(1)(A), Mar. 22, 1991, 105

Stat. 49.

-End-

-CITE-

38 USC SUBCHAPTER III - ENROLLMENT 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - ENROLLMENT

-HEAD-

SUBCHAPTER III - ENROLLMENT

-End-

-CITE-

38 USC Sec. 3470 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - ENROLLMENT

-HEAD-

Sec. 3470. Selection of program

-STATUTE-

Subject to the provisions of this chapter, each eligible veteran

may select a program of education to assist the veteran in

attaining an educational, professional, or vocational objective at

any educational institution (approved in accordance with chapter 36

of this title) selected by the veteran, which will accept and

retain the veteran as a student or trainee in any field or branch

of knowledge which such institution finds the veteran qualified to

undertake or pursue.

-SOURCE-

(Added Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 15, Sec.

1670; amended Pub. L. 94-502, title II, Sec. 211(5), Oct. 15, 1976,

90 Stat. 2388; renumbered Sec. 3470, Pub. L. 102-83, Sec. 5(a),

Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1177, which

was classified to section 1620 (first sentence) of this title,

prior to repeal by section 4(a) of Pub. L. 89-358.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1670 of this title as

this section.

1976 - Pub. L. 94-502 substituted "the veteran" for "him"

wherever appearing.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 15, 1976, see section

703(b) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3034, 3241 of this title;

title 10 section 16136.

-End-

-CITE-

38 USC Sec. 3471 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - ENROLLMENT

-HEAD-

Sec. 3471. Applications; approval

-STATUTE-

Any eligible veteran, or any person on active duty (after

consultation with the appropriate service education officer), who

desires to initiate a program of education under this chapter shall

submit an application to the Secretary which shall be in such form,

and contain such information, as the Secretary shall prescribe. The

Secretary shall approve such application unless the Secretary finds

that (1) such veteran or person is not eligible for or entitled to

the educational assistance for which application is made, (2) the

veteran's or person's selected educational institution or training

establishment fails to meet any requirement of this chapter or

chapter 36 of this title, (3) the veteran's or person's enrollment

in, or pursuit of, the program of education selected would violate

any provision of this chapter or chapter 36 of this title, or (4)

the veteran or person is already qualified, by reason of previous

education or training, for the educational, professional, or

vocational objective for which the program of education is offered.

The Secretary shall notify the veteran or person of the approval or

disapproval of the veteran's or person's application.

-SOURCE-

(Added Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 15, Sec.

1671; amended Pub. L. 92-540, title III, Sec. 302, Oct. 24, 1972,

86 Stat. 1080; Pub. L. 94-502, title II, Sec. 211(6), Oct. 15,

1976, 90 Stat. 2388; Pub. L. 96-466, title III, Sec. 302, Oct. 17,

1980, 94 Stat. 2192; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A),

Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3471, Pub. L.

102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1177, which

was classified to section 1621 of this title, prior to repeal by

section 4(a) of Pub. L. 89-358.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1671 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

1980 - Pub. L. 96-466, among other changes, substituted reference

to the veteran's or person's selected educational institution or

training establishment failing to meet any requirement of this

chapter or chapter 36 of this title for reference to the veteran's

or person's program of education failing to meet any of the

requirements of this chapter, inserted provision for disapproval of

an application upon a finding that the veteran's or person's

enrollment in, or pursuit of, the program of education selected

would violate this chapter or chapter 36 of this title, and

substituted reference to the veteran or person being already

qualified, by reason of previous education or training, for the

educational, professional, or vocational objective for which the

program of education is offered for reference simply to the veteran

or person being already qualified.

1976 - Pub. L. 94-502 substituted "unless the Administrator

finds" for "unless he finds", "the veteran or person" for "he", and

"the veteran's or person's" for "his" in two places.

1972 - Pub. L. 92-540 inserted provision authorizing any person

on active duty, after consultation with the appropriate service

education officer, to submit an application to the Administrator.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as

otherwise specifically provided, see section 802(c) of Pub. L.

96-466, set out as a note under section 3452 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 15, 1976, see section

703(b) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3034, 3241, 3482, 3491 of

this title; title 10 section 16136.

-End-

-CITE-

38 USC Sec. 3472 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - ENROLLMENT

-HEAD-

[Sec. 3472. Vacant]

-COD-

CODIFICATION

Prior to renumbering of sections 1651 to 1693 of this chapter as

sections 3451 to 3493 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,

105 Stat. 406, section 1672 of this chapter, added Pub. L. 89-358,

Sec. 2, Mar. 3, 1966, 80 Stat. 15, which related to change of

program by veteran, was repealed by Pub. L. 92-540, title IV, Sec.

401(6), Oct. 24, 1972, 86 Stat. 1090.

-End-

-CITE-

38 USC Sec. 3473 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - ENROLLMENT

-HEAD-

[Sec. 3473. Repealed. Pub. L. 102-568, title III, Sec.

313(a)(3)(A), Oct. 29, 1992, 106 Stat. 4332]

-MISC1-

Section, added Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 16,

Sec. 1673; amended Pub. L. 90-77, title III, Secs. 302(a), 303(a),

Aug. 31, 1967, 81 Stat. 185; Pub. L. 91-219, title II, Sec. 202,

Mar. 26, 1970, 84 Stat. 78; Pub. L. 92-540, title IV, Sec. 401(2),

Oct. 24, 1972, 86 Stat. 1090; Pub. L. 93-508, title II, Sec. 203,

Dec. 3, 1974, 88 Stat. 1582; Pub. L. 94-502, title II, Secs. 205,

211(7), Oct. 15, 1976, 90 Stat. 2387, 2388; Pub. L. 95-202, title

III, Sec. 305(a)(2), Nov. 23, 1977, 91 Stat. 1443; Pub. L. 96-466,

title III, Secs. 303-305, Oct. 17, 1980, 94 Stat. 2192, 2193; Pub.

L. 97-35, title XX, Sec. 2003(b)(2), Aug. 13, 1981, 95 Stat. 782;

Pub. L. 97-295, Sec. 4(40), Oct. 12, 1982, 96 Stat. 1308; Pub. L.

97-306, title II, Secs. 202(a), 203(a), Oct. 14, 1982, 96 Stat.

1433; Pub. L. 98-525, title VII, Sec. 703(b), Oct. 19, 1984, 98

Stat. 2564; Pub. L. 100-689, title I, Sec. 111(a)(9), Nov. 18,

1988, 102 Stat. 4172; Pub. L. 101-237, title IV, Sec. 423(b)(1),

Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3473 and amended

Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406,

related to disapproval of enrollment in certain courses.

SAVINGS PROVISION

Repeal 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 requirements 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.

-End-

-CITE-

38 USC Sec. 3474 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - ENROLLMENT

-HEAD-

Sec. 3474. Discontinuance for unsatisfactory conduct or progress

-STATUTE-

The Secretary shall discontinue the educational assistance

allowance of an eligible veteran if, at any time, the Secretary

finds that according to the regularly prescribed standards and

practices of the educational institution, the veteran's attendance,

conduct, or progress is unsatisfactory. The Secretary may renew the

payment of the educational assistance allowance only if the

Secretary finds that -

(1) the veteran will be resuming enrollment at the same

educational institution in the same program of education and the

educational institution has both approved such veteran's

reenrollment and certified it to the Department of Veterans

Affairs; or

(2) in the case of a proposed change of either educational

institution or program of education by the veteran -

(A) the cause of the unsatisfactory attendance, conduct, or

progress has been removed;

(B) the program proposed to be pursued is suitable to the

veteran's aptitudes, interests, and abilities; and

(C) if a proposed change of program is involved, the change

meets the requirements for approval under section 3691 of this

title.

-SOURCE-

(Added Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 16, Sec.

1674; amended Pub. L. 94-502, title II, Secs. 206, 211(8), Oct. 15,

1976, 90 Stat. 2387, 2388; Pub. L. 95-202, title III, Sec.

305(b)(1), Nov. 23, 1977, 91 Stat. 1443; Pub. L. 96-466, title III,

Sec. 306, Oct. 17, 1980, 94 Stat. 2193; Pub. L. 101-237, title IV,

Secs. 411(a), 412(b), 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2084,

2085, 2092; renumbered Sec. 3474 and amended Pub. L. 102-83, Sec.

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising the first sentence of this

section were contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat.

1178, which was classified to former section 1624 of this title,

prior to repeal by section 4(a) of Pub. L. 89-358.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1674 of this

title as this section.

Par. (2)(C). Pub. L. 102-83, Sec. 5(c)(1), substituted "3691" for

"1791".

1989 - Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator" wherever appearing.

Pub. L. 101-237, Sec. 412(b), substituted "attendance, conduct,"

for "conduct".

Pars. (1), (2). Pub. L. 101-237, Sec. 411(a), added pars. (1) and

(2) and struck out former pars. (1) and (2) which read as follows:

"(1) the cause of the unsatisfactory conduct or progress of the

eligible veteran has been removed; and

"(2) the program which the eligible veteran now proposes to

pursue (whether the same or revised) is suitable to the veteran's

aptitudes, interests, and abilities."

1980 - Pub. L. 96-466 struck out provisions relating to the

conditions upon which a veteran's progress would be considered

unsatisfactory.

1977 - Pub. L. 95-202 inserted provisions authorizing the

Administrator to determine the veteran's progress to be

satisfactory even though the veteran will graduate within a length

of time exceeding the approved length if the additional length of

time is reasonable in accordance with regulations.

1976 - Pub. L. 94-502, Sec. 211(8), inserted provision specifying

progress as unsatisfactory when the veteran will not be able to

graduate within the approved length of the course.

Pub. L. 94-502, Sec. 206, substituted "the veteran's" for "his"

in two places and "if the Administrator finds" for "if he finds".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as

otherwise specifically provided, see section 802(c) of Pub. L.

96-466, set out as a note under section 3452 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-202 effective first day of first month

beginning 60 days after Nov. 23, 1977, see section 501 of Pub. L.

95-202, set out as a note under section 101 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by sections 206 and 211(8) of Pub. L. 94-502 effective

Dec. 1, 1976, and Oct. 15, 1976, respectively, see section 703(b),

(c) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

STUDY OF METHODS TO IMPROVE PROCESS UNDER WHICH POSTSECONDARY

EDUCATIONAL INSTITUTIONS AND COURSES ARE APPROVED; REPORT BY

SEPTEMBER 30, 1979; SUSPENSION OF IMPLEMENTATION OF 1976 AMENDMENT

Section 305(b)(2)-(4) of Pub. L. 95-202, as amended by Pub. L.

96-466, title VIII, Sec. 801(m)(2), Oct. 17, 1980, 94 Stat. 2217,

directed Administrator of Veterans' Affairs to study specific

methods for improving process by which postsecondary educational

institutions and courses at such institutions are approved for

purposes of chapters 32, 34, 35, and 36 of this title, and need for

legislative and administrative action regarding discontinuing

educational assistance allowances to eligible veterans whose

conduct or progress is unsatisfactory, required submission of a

report on the study to President and Congress not later than Sept.

30, 1979, and directed Administrator to suspend implementation of

certain amendments by Pub. L. 94-502 until submission of report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3034, 3241 of this title;

title 10 section 16136.

-End-

-CITE-

38 USC Sec. 3475 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - ENROLLMENT

-HEAD-

[Sec. 3475. Vacant]

-COD-

CODIFICATION

Prior to renumbering of sections 1651 to 1693 of this chapter as

sections 3451 to 3493 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,

105 Stat. 406, section 1675 of this chapter, added Pub. L. 89-358,

Sec. 2, Mar. 3, 1966, 80 Stat. 16, which related to period of

operation for approval by Administrator, was repealed by Pub. L.

92-540, title IV, Sec. 401(6), Oct. 24, 1972, 86 Stat. 1090.

-End-

-CITE-

38 USC Sec. 3476 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - ENROLLMENT

-HEAD-

Sec. 3476. Education outside the United States

-STATUTE-

An eligible veteran may not enroll in any course offered by an

educational institution not located in a State unless that

educational institution is an approved institution of higher

learning and the course is approved by the Secretary. The Secretary

may deny or discontinue educational assistance under this chapter

in the case of any veteran enrolled in an institution of higher

learning not located in a State if the Secretary determines that

such enrollment is not in the best interest of the veteran or the

Federal Government.

-SOURCE-

(Added Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 17, Sec.

1676; amended Pub. L. 94-502, title II, Sec. 211(9), Oct. 15, 1976,

90 Stat. 2389; Pub. L. 96-466, title III, Sec. 307(b), Oct. 17,

1980, 94 Stat. 2193; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A),

Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3476, Pub. L.

102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446,

title VI, Sec. 604(a), Nov. 2, 1994, 108 Stat. 4671.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1177, which

was classified to former section 1620 (second and third sentences)

of this title, prior to repeal by section 4(a) of Pub. L. 89-358.

AMENDMENTS

1994 - Pub. L. 103-446 amended first sentence generally. Prior to

amendment, first sentence read as follows: "An eligible veteran may

not enroll in any course at an educational institution not located

in a State unless such course is pursued at an approved institution

of higher learning and the course is approved by the Secretary."

1991 - Pub. L. 102-83 renumbered section 1676 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

1980 - Pub. L. 96-466, among other changes, substituted reference

to an eligible veteran not enrolling in any course for reference to

an eligible veteran not pursuing a program of education, inserted

provision that the course be approved by the Administrator, and

substituted reference to any veteran enrolled in an institution of

higher learning not located in a State for reference to any veteran

in a foreign educational institution.

1976 - Pub. L. 94-502 substituted "the Administrator's" for "his"

and "if the Administrator finds" for "if he finds".

EFFECTIVE DATE OF 1994 AMENDMENT

Section 604(b) of Pub. L. 103-446 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to courses approved on or after the date of the enactment

of this Act [Nov. 2, 1994]."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as

otherwise specifically provided, see section 802(c) of Pub. L.

96-466, set out as a note under section 3452 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 15, 1976, see section

703(b) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3034, 3241 of this title;

title 10 section 16136.

-End-

-CITE-

38 USC Secs. 3477, 3478 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - ENROLLMENT

-HEAD-

[Secs. 3477, 3478. Vacant]

-COD-

CODIFICATION

Prior to renumbering of sections 1651 to 1693 of this chapter as

sections 3451 to 3493 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,

105 Stat. 406, sections 1677 and 1678 of this chapter were

repealed.

Section 1677, added Pub. L. 90-77, title III, Sec. 302(b), Aug.

31, 1967, 81 Stat. 185; Pub. L. 90-631, Sec. 5, Oct. 23, 1968, 82

Stat. 1335; Pub. L. 91-219, title I, Sec. 102, title II, Sec. 203,

Mar. 26, 1970, 84 Stat. 76, 78; Pub. L. 92-540, title I, Sec.

102(1), title IV, Sec. 401(3), Oct. 24, 1972, 86 Stat. 1075, 1090;

Pub. L. 93-508, title I, Sec. 102(1), Dec. 3, 1974, 88 Stat. 1579;

Pub. L. 93-602, title II, Sec. 203(a), Jan. 2, 1975, 88 Stat. 1958;

Pub. L. 95-202, title I, Sec. 102(1), Nov. 23, 1977, 91 Stat. 1433;

Pub. L. 96-466, title II, Secs. 201(1), 211(1), title VI, Sec.

603(a), Oct. 17, 1980, 94 Stat. 2187, 2189, 2209, which set forth

provisions respecting eligibility, approval, etc., for flight

training, was repealed by Pub. L. 97-35, title XX, Secs.

2003(b)(3)(A), 2006, Aug. 13, 1981, 95 Stat. 782, 783, effective

Oct. 1, 1981, except as otherwise provided for persons receiving

educational assistance.

Section 1678, added Pub. L. 90-77, title III, Sec. 306(a), Aug.

31, 1967, 81 Stat. 188, which related to special training for

educationally disadvantaged, was repealed by Pub. L. 91-219, title

II, Sec. 204(a)(2), Mar. 26, 1970, 84 Stat. 79.

-End-

-CITE-

38 USC SUBCHAPTER IV - PAYMENTS TO ELIGIBLE VETERANS;

VETERAN-STUDENT SERVICES 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT

SERVICES

-HEAD-

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT

SERVICES

-MISC1-

AMENDMENTS

1972 - Pub. L. 92-540, title IV, Sec. 404(b), Oct. 24, 1972, 86

Stat. 1091, inserted "; VETERAN-STUDENT SERVICES".

-End-

-CITE-

38 USC Sec. 3481 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT

SERVICES

-HEAD-

Sec. 3481. Educational assistance allowance

-STATUTE-

-HEAD-

GENERAL

(a) The Secretary shall, in accordance with the applicable

provisions of this section and chapter 36 of this title, pay to

each eligible veteran who is pursuing a program of education under

this chapter an educational assistance allowance to meet, in part,

the expenses of the veteran's subsistence, tuition, fees, supplies,

books, equipment, and other educational costs.

INSTITUTIONAL TRAINING

(b) The educational assistance allowance of an eligible veteran

pursuing a program of education, other than a program exclusively

by correspondence, at an educational institution shall be paid as

provided in chapter 36 of this title.

-SOURCE-

(Added Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 17, Sec.

1681; amended Pub. L. 91-219, title II, Sec. 205, Mar. 26, 1970, 84

Stat. 81; Pub. L. 91-584, Sec. 6, Dec. 24, 1970, 84 Stat. 1576;

Pub. L. 92-540, title II, Sec. 202, Oct. 24, 1972, 86 Stat. 1079;

Pub. L. 94-502, title II, Secs. 210(2), 211(10), Oct. 15, 1976, 90

Stat. 2388, 2389; Pub. L. 97-35, title XX, Sec. 2003(b)(4), Aug.

13, 1981, 95 Stat. 782; Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3481,

Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising subsecs. (a), (b), (d),

and (e) of this section were contained in Pub. L. 85-857, Sept. 2,

1958, 72 Stat. 1179, which was classified to former section 1631 of

this title, prior to repeal by section 4(a) of Pub. L. 89-358.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1681 of this title as

this section.

1989 - Subsec. (a). Pub. L. 101-237 substituted "Secretary" for

"Administrator".

1981 - Subsec. (b). Pub. L. 97-35, Sec. 2003(b)(4)(A), struck out

applicability to flight training program.

Subsec. (c). Pub. L. 97-35, Sec. 2003(b)(4)(B), struck out

subsec. (c) which related to flight training.

1976 - Subsec. (a). Pub. L. 94-502, Secs. 210(2), 211(10),

substituted "chapter 36" for "section 1780" and "the veteran's" for

"his".

Subsec. (b). Pub. L. 94-502, Sec. 210(2), substituted "chapter

36" for "section 1780".

1972 - Subsec. (a). Pub. L. 92-540 inserted heading and

provisions requiring allowances to be paid in accordance with the

applicable provisions of this section and section 1780 of this

title.

Subsec. (b). Pub. L. 92-540 inserted heading and substituted

provisions requiring allowances of an eligible veteran pursuing a

program of education, other than a program exclusively by

correspondence or a program of flight training, at an educational

institution to be paid as provided in section 1780 of this title,

for provisions requiring allowances of an eligible veteran to be

paid, as provided in section 1682 of this title, only for the

period of his enrollment as approved by the Administrator, but

limiting such payments to veterans meeting certain specified

requirements while pursuing standard college degrees.

Subsec. (c). Pub. L. 92-540 inserted heading and substituted

provisions relating to the payment of allowances to eligible

veterans pursuing a program of education consisting exclusively of

flight training, for provisions authorizing the Administrator to

prescribe regulations to determine enrollment in, pursuit of, and

attendance at, any program of education or course by an eligible

veteran.

Subsec. (d). Pub. L. 92-540 struck out subsec. (d) which related

to certification to the Administrator from the eligible veteran as

to his actual attendance or completion of lessons by

correspondence, and from the educational institution that such

veteran was enrolled in and pursuing a course of education during

such period or completion of lessons by correspondence by the

veteran and serviced by the institution.

Subsec. (e). Pub. L. 92-540 struck out subsec. (e) which related

to the prompt payment of the educational assistance allowance to

the veteran.

1970 - Subsec. (b)(2). Pub. L. 91-584 excluded programs of

apprenticeship and programs of other on-job training authorized by

section 1683 of this title for educational assistance to veterans.

Subsec. (d). Pub. L. 91-219 inserted provision that the

Administrator may pay an educational assistance allowance

representing the initial payment of an enrollment period, not

exceeding one full month, upon receipt of a certificate of

enrollment.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as

otherwise provided, see section 2006 of Pub. L. 97-35, set out as a

note under section 3231 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 15, 1976, see section

703(b) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3491 of this title.

-End-

-CITE-

38 USC Sec. 3482 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT

SERVICES

-HEAD-

Sec. 3482. Computation of educational assistance allowances

-STATUTE-

(a)(1) Except as provided in subsection (b), (c), or (g) of this

section, or section 3687 of this title, while pursuing a program of

education under this chapter of half-time or more, each eligible

veteran shall be paid the monthly educational assistance allowance

set forth in column II, III, IV, or V (whichever is applicable as

determined by the veteran's dependency status) opposite the

applicable type of program as shown in column I:

Column I Column Column Column Column V

II III IV

Type of No One Two More than

program dependents dependent dependents two

dependents

--------------------------------------------------------------------

The amount in

column IV,

plus the

following for

each dependent

in excess of

two:

Institutional

training:

Full-time $376 $448 $510 $32

Three- 283 336 383 24

quarter ti

Half-time 188 224 255 17

Cooperativ 304 355 404 23

--------------------------------------------------------------------

(2) A "cooperative" program, other than a "farm cooperative"

program, means a full-time program of education which consists of

institutional courses and alternate phases of training in a

business or industrial establishment with the training in the

business or industrial establishment being strictly supplemental to

the institutional portion.

(b) The educational assistance allowance of an individual

pursuing a program of education -

(1) while on active duty, or

(2) on less than a half-time basis,

shall be computed at the rate of (A) the established charges for

tuition and fees which the institution requires similarly

circumstanced nonveterans enrolled in the same program to pay, or

(B) $376 per month for a full-time course, whichever is the lesser.

An individual's entitlement shall be charged for institutional

courses on the basis of the applicable monthly training time rate

as determined under section 3688 of this title.

(c)(1) An eligible veteran who is enrolled in an educational

institution for a "farm cooperative" program consisting of

institutional agricultural courses prescheduled to fall within 44

weeks of any period of 12 consecutive months and who pursues such

program on -

(A) a full-time basis (a minimum of ten clock hours per week or

four hundred and forty clock hours in such year prescheduled to

provide not less than eighty clock hours in any three-month

period),

(B) a three-quarter-time basis (a minimum of 7 clock hours per

week), or

(C) a half-time basis (a minimum of 5 clock hours per week),

shall be eligible to receive an educational assistance allowance at

the appropriate rate provided in the table in paragraph (2) of this

subsection, if such eligible veteran is concurrently engaged in

agricultural employment which is relevant to such institutional

agricultural courses as determined under standards prescribed by

the Secretary. In computing the foregoing clock hour requirements

there shall be included the time involved in field trips and

individual and group instruction sponsored and conducted by the

educational institution through a duly authorized instructor of

such institution in which the veteran is enrolled.

(2) The monthly educational assistance allowance of an eligible

veteran pursuing a farm cooperative program under this chapter

shall be paid as set forth in column II, III, IV, or V (whichever

is applicable as determined by the veteran's dependency status)

opposite the basis shown in column I:

Column I Column Column Column Column V

II III IV

Basis No One Two More than

dependents dependent dependents two

dependents

--------------------------------------------------------------------

The amount in

column IV,

plus the

following for

each dependent

in excess of

two:

Full-time $304 $355 $404 $23

Three-quarter 228 266 303 18

time

Half-time 152 178 202 12

--------------------------------------------------------------------

(d)(1) Notwithstanding the prohibition in section 3471 of this

title prohibiting enrollment of an eligible veteran in a program of

education in which such veteran has "already qualified," a veteran

shall be allowed up to six months of educational assistance (or the

equivalent thereof in part-time assistance) for the pursuit of

refresher training to permit such veteran to update such veteran's

knowledge and skills and to be instructed in the technological

advances which have occurred in such veteran's field of employment

during and since the period of such veteran's active military

service.

(2) A veteran pursuing refresher training under this subsection

shall be paid an educational assistance allowance based upon the

rate prescribed in the table in subsection (a)(1) or in subsection

(c)(2) of this section, whichever is applicable.

(3) The educational assistance allowance paid under the authority

of this subsection shall be charged against the period of

entitlement the veteran has earned pursuant to section 3461(a) of

this title.

(e) The educational assistance allowance of an eligible veteran

pursuing an independent study program which leads to a standard

college degree shall be computed at the rate provided in subsection

(b) of this section. If the entire training is to be pursued by

independent study, the amount of such veteran's entitlement to

educational assistance under this chapter shall be charged in

accordance with the rate at which the veteran is pursuing the

independent study program but at not more than the rate at which

such entitlement is charged for pursuit of such program on less

than a half-time basis. In any case in which independent study is

combined with resident training, the educational assistance

allowance shall be paid at the applicable institutional rate based

on the total training time determined by adding the number of

semester hours (or the equivalent thereof) of resident training to

the number of semester hours (or the equivalent thereof) of

independent study that do not exceed the number of semester hours

(or the equivalent thereof) required for the less than half-time

institutional rate, as determined by the Secretary, for resident

training. A veteran's entitlement shall be charged for a

combination of independent study and resident training on the basis

of the applicable monthly training time rate as determined under

section 3688 of this title.

(f) The educational assistance allowance of an eligible veteran

pursuing a course by open circuit television shall be computed in

the same manner that such allowance is computed under subsection

(e) of this section for an independent study program.

(g)(1) Subject to the provisions of paragraph (2) of this

subsection, the amount of the educational assistance allowance paid

to an eligible veteran who is pursuing a program of education under

this chapter while incarcerated in a Federal, State, or local penal

institution for conviction of a felony may not exceed such amount

as the Secretary determines, in accordance with regulations which

the Secretary shall prescribe, is necessary to cover the cost of

established charges for tuition and fees required of similarly

circumstanced nonveterans enrolled in the same program and to cover

the cost of necessary supplies, books, and equipment, or the

applicable monthly educational assistance allowance prescribed for

a veteran with no dependents in subsection (a)(1) or (c)(2) of this

section or section 3687(b)(1) of this title, whichever is the

lesser. The amount of the educational assistance allowance payable

to a veteran while so incarcerated shall be reduced to the extent

that the tuition and fees of the veteran for any course are paid

under any Federal program (other than a program administered by the

Secretary) or under any State or local program.

(2) Paragraph (1) of this subsection shall not apply in the case

of any veteran who is pursuing a program of education under this

chapter while residing in a halfway house or participating in a

work-release program in connection with such veteran's conviction

of a felony.

(h)(1) Subject to paragraph (3), the amount of educational

assistance payable under this chapter for a licensing or

certification test described in section 3452(b) of this title is

the lesser of $2,000 or the fee charged for the test.

(2) The number of months of entitlement charged in the case of

any individual for such licensing or certification test is equal to

the number (including any fraction) determined by dividing the

total amount paid to such individual for such test by the full-time

monthly institutional rate of the educational assistance allowance

which, except for paragraph (1), such individual would otherwise be

paid under this chapter.

(3) In no event shall payment of educational assistance under

this subsection for such a test exceed the amount of the

individual's available entitlement under this chapter.

-SOURCE-

(Added Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 18, Sec.

1682; amended Pub. L. 90-77, title III, Secs. 301, 303(b), Aug. 31,

1967, 81 Stat. 184, 185; Pub. L. 90-631, Sec. 3, Oct. 23, 1968, 82

Stat. 1333; Pub. L. 91-219, title I, Sec. 103(a)-(d), title II,

Sec. 204(a)(3), Mar. 26, 1970, 84 Stat. 76, 77, 79; Pub. L. 91-584,

Sec. 9, Dec. 24, 1970, 84 Stat. 1577; Pub. L. 92-540, title I, Sec.

102(2)-(4), title III, Sec. 303, title IV, Sec. 401(4), (5), Oct.

24, 1972, 86 Stat. 1075, 1081, 1090; Pub. L. 93-508, title I, Sec.

102(2)-(4), title II, Sec. 204, Dec. 3, 1974, 88 Stat. 1579, 1582;

Pub. L. 93-602, title II, Sec. 203(b), Jan. 2, 1975, 88 Stat. 1958;

Pub. L. 94-502, title II, Secs. 201(1)-(3), 207, Oct. 15, 1976, 90

Stat. 2384, 2385, 2387; Pub. L. 95-202, title I, Sec. 102(2)-(4),

Nov. 23, 1977, 91 Stat. 1434; Pub. L. 96-466, title II, Secs.

201(2)-(4), 211(2)-(4), title III, Secs. 308-310, title VI, Sec.

602(a), Oct. 17, 1980, 94 Stat. 2187-2190, 2194, 2208; Pub. L.

97-35, title XX, Sec. 2003(b)(5), Aug. 13, 1981, 95 Stat. 782; Pub.

L. 97-306, title II, Secs. 204, 205(b), Oct. 14, 1982, 96 Stat.

1434; Pub. L. 98-160, title VII, Sec. 702(11), Nov. 21, 1983, 97

Stat. 1009; Pub. L. 98-543, title II, Sec. 202(1)-(3), Oct. 24,

1984, 98 Stat. 2741; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A),

Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3482 and amended

Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406;

Pub. L. 104-275, title I, Sec. 104(a), Oct. 9, 1996, 110 Stat.

3327; Pub. L. 106-419, title I, Sec. 122(b)(3), Nov. 1, 2000, 114

Stat. 1834.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising subsecs. (a), (b)(2),

(c)(1), and (c)(2) of this section were contained in Pub. L.

85-857, Sept. 2, 1958, 72 Stat. 1176, 1180, which was classified to

former sections 1632(a) and (b), (f), (e), and 1611(c) of this

title, respectively, prior to repeal by section 4(a) of Pub. L.

89-358.

AMENDMENTS

2000 - Subsec. (h). Pub. L. 106-419 added subsec. (h).

1996 - Subsec. (f). Pub. L. 104-275 struck out "in part" after

"pursuing a course".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1682 of this

title as this section.

Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "3687"

for "1787".

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3688" for

"1788" in last sentence.

Subsec. (d)(1), (3). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3471" for "1671" in par. (1) and "3461(a)" for "1661(a)" in par.

(3).

Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted "3688" for

"1788".

Subsec. (g)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3687(b)(1)" for "1787(b)(1)".

1989 - Subsecs. (c)(1), (e), (g)(1). Pub. L. 101-237 substituted

"Secretary" for "Administrator" wherever appearing.

1984 - Subsec. (a)(1). Pub. L. 98-543, Sec. 202(1), increased the

monthly educational assistance allowance for eligible veterans in

column II from $342, $257, $171, and $276 to $376, $283, $188 and

$304; in column III from $407, $305, $204 and $323 to $448, $336,

$224 and $355; in column IV from $464, $348, $232, and $367 to

$510, $383, $255, and $404; in column V from $29, $22, $15 and $21

to $32, $24, $17, and $23, respectively.

Subsec. (b). Pub. L. 98-543, Sec. 202(2), substituted "$376" for

"$342".

Subsec. (c)(2). Pub. L. 98-543, Sec. 202(3), increased the

monthly educational assistance allowance for eligible veterans

pursuing a farm cooperative program in column II from $276, $207,

and $138 to $304, $228 and $152; in column III from $323, $242 and

$162 to $355, $266 and $178; in column IV from $367, $275 and $184

to $404, $303 and $202; in column V from $21, $16 and $11 to $23,

$18 and $12, respectively.

1983 - Subsec. (c)(1)(C). Pub. L. 98-160 inserted a comma after

"hours per week)".

1982 - Subsec. (a)(1). Pub. L. 97-306, Sec. 204(1), substituted

"(c), or (g)" for "or (c)" after "subsection (b),".

Subsec. (e). Pub. L. 97-306, Sec. 204(2), substituted provision

that the amount of such veteran's entitlement to educational

assistance under this chapter shall be charged in accordance with

the rate at which the veteran is pursuing the independent study

program but at not more than the rate at which such entitlement is

charged for pursuit of such program on less than a half-time basis

for provision that the entitlement would be charged at one-half of

the full-time institutional rate.

Subsec. (g)(1). Pub. L. 97-306, Sec. 205(b)(1), inserted

provision that the amount of the educational assistance allowance

payable to a veteran while incarcerated shall be reduced to the

extent that the tuition and fees of the veteran for any course are

paid under any Federal program (other than a program administered

by the Administrator) or under any State or local program.

Subsec. (g)(2). Pub. L. 97-306, Sec. 205(b)(2), inserted "not"

after "shall", and struck out "if the Administrator determines that

all the veteran's living expenses are being defrayed by a Federal,

State, or local government" at the end.

1981 - Subsec. (a)(1). Pub. L. 97-35 struck out reference to

section 1677 of this title.

1980 - Subsec. (a)(1). Pub. L. 96-466, Sec. 211(2), increased the

monthly educational assistance allowance for eligible veterans in

column II from $327, $245, $164, and $264 to $342, $257, $171, and

$276; in column III from $389, $292, $195, and $309 to $407, $305,

$204, and $323; in column IV from $443, $332, $222, and $351 to

$464, $348, $232, and $367; in column V from $27, $20, and $14 to

$29, $22, and $15, respectively.

Pub. L. 96-466, Sec. 201(2), increased the monthly educational

assistance allowance for eligible veterans in column II from $311,

$233, $156, and $251 to $327, $245, $164, and $264; in column III

from $370, $277, $185, and $294 to $389, $292, $195, and $309; in

column IV from $422, $317, $211, and $334 to $443, $332, $222, and

$351; in column V from $26, $19, $13, and $19 to $27, $20, $14, and

$21, respectively.

Subsec. (b). Pub. L. 96-466, Sec. 211(3), substituted "$342" for

"$327".

Pub. L. 96-466, Sec. 201(3), substituted "$327" for "$311".

Pub. L. 96-466, Sec. 308, inserted provision that an individual's

entitlement be charged for institutional courses on the basis of

the applicable monthly training time rate as determined under

section 1788 of this title.

Subsec. (c)(2). Pub. L. 96-466, Sec. 211(4), increased the

monthly educational assistance allowance for eligible veterans

pursuing a farm cooperative program in column II from $264, $198,

and $132 to $276, $207, and $138; in column III from $309, $232,

and $155 to $323, $242, and $162; in column IV from $351, $263, and

$176 to $367, $275, and $184; in column V from $20, $15, and $10 to

$21, $16, and $11, respectively.

Pub. L. 96-466, Sec. 201(4), increased the monthly educational

assistance allowance for eligible veterans pursuing a farm

cooperative program in column II from $251, $188, and $126 to $264,

$198, and $132; in column III from $294, $221, and $147 to $309,

$232, and $155; in column IV from $334, $251, and $167 to $351,

$263, and $176; in column V from $19 to $20, respectively.

Subsec. (e). Pub. L. 96-466, Sec. 309, substituted reference to

the rate provided in subsec. (b) of this section for reference to

the rate provided in subsec. (b)(2) of this section, inserted

provision that if the entire training be pursued by independent

study, entitlement be charged at one-half of the full-time

institutional rate, substituted provisions relating to the payment

of the educational assistance allowance in any case in which

independent study is combined with resident training for provisions

relating to the maximum allowance in those cases where independent

study is combined with resident training and the resident training

constitutes the major portion of such training, and inserted

provision that a veteran's entitlement be charged for a combination

of independent study and resident training on the basis of the

applicable monthly training time rate as determined under section

1788 of this title.

Subsec. (f). Pub. L. 96-466, Sec. 310, added subsec. (f).

Subsec. (g). Pub. L. 96-466, Sec. 602(a), added subsec. (g).

1977 - Subsec. (a)(1). Pub. L. 95-202, Sec. 102(2), increased the

monthly educational assistance allowance for eligible veterans in

column II from $292, $219, $146, and $235 to $311, $233, $156, and

$251; in column III from $347, $260, $174, and $276 to $370, $277,

$185, and $294; in column IV from $396, $297, $198, and $313 to

$422, $317, $211, and $334; in column V from $24, $18, $12, and $18

to $26, $19, $13, and $19, respectively.

Subsec. (b). Pub. L. 95-202, Sec. 102(3), substituted "$311" for

"$292".

Subsec. (c)(2). Pub. L. 95-202, Sec. 102(4), increased the

monthly educational assistance allowance for eligible veterans

pursuing a farm cooperative program in column II from $235, $176,

and $118 to $251, $188, and $126; in column III from $276, $207,

and $138 to $294, $221, and $147; in column IV from $313, $235, and

$157 to $334, $251, and $167; in column V from $18, $14, and $9 to

$19, $15, and $10, respectively.

1976 - Subsec. (a)(1). Pub. L. 94-502, Sec. 201(1), increased the

monthly educational assistance allowance for eligible veterans in

column II from $270, $203, $135, and $217 to $292, $219, $146 and

$235; in column III from $321, $240, $160, and $255 to $347, $260,

$174, and $276; in column IV from $366, $275, $182, and $289 to

$396, $297, $198, and $313; in column V from $22, $17, $11, and $17

to $24, $18, $12, and $18, respectively.

Subsec. (b). Pub. L. 94-502, Sec. 201(2), substituted "$292" for

"$270".

Subsec. (c)(2). Pub. L. 94-502, Sec. 201(3), increased the

monthly educational assistance allowance for eligible veterans

pursuing a farm cooperative program in column II from $217, $163,

and $109 to $235, $176, and $118; in column III from $255, $191,

and $128 to $276, $207 and $138; in column IV from $289, $218, and

$145 to $313, $235, and $157; in column V from $17, and $13 to $18,

and $14, respectively.

Subsec. (e). Pub. L. 94-502, Sec. 207, added subsec. (e).

1975 - Subsec. (b). Pub. L. 93-602 substituted "$270" for "$260".

1974 - Subsec. (a)(1). Pub. L. 93-508, Sec. 102(2), increased the

monthly educational assistance allowance for eligible veterans in

column II from $220, $165, $110, and $177 to $270, $203, $135, and

$217; in column III from $261, $196, $131, and $208 to $321, $240,

$160, and $255; in column IV from $298, $224, $149, and $236 to

$366, $275, $182, and $289; and in column V from $18, $14, $9, and

$14 to $22, $17, $11, and $17, respectively.

Subsec. (b). Pub. L. 93-508, Sec. 102(3), substituted "$260" for

"$220".

Subsec. (c)(2). Pub. L. 93-508, Sec. 102(4), increased the

educational assistance allowance rates for eligible veterans

pursuing a farm cooperative program in column II from $177, $133,

and $89 to $217, $163, and $109; in column III from $208, $156, and

$104 to $255, $191, and $128; in column IV from $236, $177, and

$118 to $289, $218, and $145; and in column V from $14, $11, and $7

to $17, $13, and $9 respectively.

Subsec. (d). Pub. L. 93-508, Sec. 204, added subsec. (d).

1972 - Subsec. (a)(1), Pub. L. 92-540, Secs. 102(2), 401(4),

substituted references to subsec. (c) of this section and section

1787 of this title for references to subsec. (c)(1) or (d) of this

section and section 1683 of this title, respectively, and increased

the monthly educational assistance allowance for eligible veterans

in column II from $175, $128, $81, and $141 to $220, $165, $110,

and $177; in column III from $205, $152, $100, and $167 to $261,

$196, $131, and $208; in column IV from $230, $177, $114, and $192

to $298, $224, $149, and $236; and in column V from $13, $10, $7,

and $10 to $18, $14, $9, and $14, respectively.

Subsec. (b). Pub. L. 92-540, Secs. 102(3), 401(5), substituted

"$220" for "$175", and struck out provisions relating to payment of

the educational assistance allowance provided by this subsection

and the educational assistance allowance provided by section

1696(b) of this title.

Subsecs. (c), (d). Pub. L. 92-540, Secs. 102(4), 303, struck out

subsec. (c) which related to the computation of the educational

assistance allowance of an eligible veteran pursuing a program of

education exclusively by correspondence. Subsec. (d) redesignated

(c), and, as so redesignated, in par. (1)(A) generally amended

prerequisites for a full-time basis program, in par. (1)(B)

substituted "7" for "9", in par. (1)(C) substituted "5" for "6",

following par. (1)(C) inserted provision relating to the

computation of the clock hour requirements, and in par. (2)

increased the educational assistance allowance rates for eligible

veterans pursuing a farm cooperative program in column II from

$141, $101, and $67 to $177, $133, and $89; in column III from

$165, $119, and $79 to $208, $156, and $104; in column IV from

$190, $138, and $92 to $236, $177, and $118; and in column V from

$10, $7, and $4 to $14, $11, and $7, respectively.

1970 - Subsec. (a)(1). Pub. L. 91-219, Sec. 103(a), increased the

monthly educational assistance allowance for eligible veterans in

column II from $130, $95, $60, and $105 to $175, $128, $81, and

$141; in column III from $155, $115, $75, and $125 to $205, $152,

$100, and $167; in column IV from $175, $135, $85, and $145 to

$230, $177, $114, and $192; in column V from $10, $7, $5, and $7 to

$13, $10, $7, and $10, respectively.

Subsec. (b). Pub. L. 91-219, Secs. 103(b), 204(a)(3), substituted

"$175" for "$130" and inserted provision that educational

assistance allowance provided by this subsection and the

educational assistance allowance provided by section 1696(b) be

made in an amount computed for the entire quarter, semester, or

term during the month immediately following the month in which

certification is received.

Subsec. (c)(1). Pub. L. 91-584 inserted definition of

"established charge".

Subsec. (c)(2). Pub. L. 91-219, Sec. 103(c), substituted "$175"

for "$130".

Subsec. (d)(2). Pub. L. 91-219, Sec. 103(d), increased the

educational assistance allowance rates for eligible veterans

pursuing a farm cooperative program in column II from $105, $75,

and $50 to $141, $101, and $67; in column III from $125, $90, and

$60 to $165, $119 and $79; in column IV from $145, $105, and $70 to

$190, $138, and $92; in column V from $7, $5, and $3 to $10, $7,

and $4, respectively.

1968 - Subsec. (a)(2). Pub. L. 90-631, Sec. 3(b)(1), inserted ",

other than a 'farm cooperative' program," after "A 'cooperative'

program".

Subsec. (c)(2). Pub. L. 90-631, Sec. 3(a), substituted provisions

charging the period of entitlement of any eligible veteran with one

month for each $130 paid to such veteran as an educational

assistance allowance when such veteran is pursuing a program of

education exclusively by correspondence for provisions charging the

period of entitlement of any eligible veteran with one-fourth of

the elapsed time in following such program of education.

Subsec. (d). Pub. L. 90-631, Sec. 3(b)(2), inserted requirement

that the "farm cooperative" program consist of institutional

agricultural courses prescheduled to fall within 44 weeks of any

period of 12 consecutive months, inserted provisions making

veterans pursuing programs of 6 or 9 clock hours per week eligible

to receive an educational assistance allowance, and substituted

provisions that the appropriate rate for such allowance shall be as

provided in the table set out in subsec. (d)(2) of this section for

provisions that the appropriate rate shall be as provided in the

table set out in subsec. (a)(1) of this section opposite the word

"Cooperative" under Column I of such table.

1967 - Subsec. (a)(1). Pub. L. 90-77, Sec. 301(a), (b), included

in text preceding the table references to subsec. (d) of this

section, sections 1677 and 1683 of this title, and column V; and,

increased the monthly educational assistance allowance in column II

from $100, $75, $50, and $80 to $130, $95, $60, and $105; in column

III from $125, $95, $65, and $100 to $155, $115, $75, and $125; in

column IV from $150, $115, $75, and $120 to $175, $135, $85, and

$145 (restricting column IV to two dependents), and added column V

(formerly covered in former column IV), respectively.

Subsec. (b)(2)(B). Pub. L. 90-77, Sec. 301(c), substituted "$130"

for "$100".

Subsec. (d). Pub. L. 90-77, Sec. 303(b), added subsec. (d).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-419 effective Mar. 1, 2001, and

applicable with respect to licensing and certification tests

approved by the Secretary of Veterans Affairs on or after such

date, see section 122(d) of Pub. L. 106-419, set out as a note

under section 3032 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-543 effective Oct. 1, 1984, see section

205 of Pub. L. 98-543, set out as a note under section 3108 of this

title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as

otherwise provided, see section 2006 of Pub. L. 97-35, set out as a

note under section 3231 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 802(b) of Pub. L. 96-466 provided that:

"(1) The amendments made by part A of title II [sections 201 to

203 of Pub. L. 96-466, see Tables for classification] shall become

effective on October 1, 1980.

"(2) The amendments made by part B of title II [sections 211 to

213 of Pub. L. 96-466, see Tables for classification] shall become

effective on January 1, 1981."

Amendment by sections 308 to 310 of Pub. L. 96-466 [amending this

section] effective Oct. 1, 1980, except as otherwise specifically

provided, see section 802(c) of Pub. L. 96-466, set out as a note

under section 3452 of this title.

Amendment by section 602(a) of Pub. L. 96-466 [amending this

section] effective Oct. 1, 1980, except as otherwise specifically

provided, see section 802(f) of Pub. L. 96-466, set out as an

Effective Date note under section 5314 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-202 effective retroactively to Oct. 1,

1977, see section 501 of Pub. L. 95-202, set out as a note under

section 101 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 1, 1976, see section

703(a) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 206 of title II of Pub. L. 93-602 provided that: "The

provisions of this title [see Tables for classification] shall

become effective on January 1, 1975."

EFFECTIVE DATE OF 1974 AMENDMENT

Section 501 of Pub. L. 93-508 provided that: "Title I of this Act

[see Tables for classification] shall become effective on September

1, 1974."

Amendment by section 204 of Pub. L. 93-508 effective Dec. 3,

1974, see section 503 of Pub. L. 93-508, set out as a note under

section 3452 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 601(a) of Pub. L. 92-540 provided that: "The rate

increases provided in Title I of this Act [see Tables for

classification] and the rate increases provided by the provisions

of section 1787 [now 3687], title 38, United States Code (as added

by section 316 of this Act) shall become effective October 1, 1972;

except, for those veterans and eligible persons in training on the

date of enactment [Oct. 24, 1972], the effective date shall be the

date of the commencement of the current enrollment period, but not

earlier than September 1, 1972."

Amendment by section 303 of Pub. L. 92-540 not to effect any

enrollment agreement entered into by an eligible veteran prior to

Jan. 1, 1973, see section 602 of Pub. L. 92-540, set out as an

Effective Date note under section 3686 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Section 301 of Pub. L. 91-219 provided that: "Title I of this Act

[see Tables for classification] takes effect February 1, 1970."

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-631 effective first day of second

calendar month which begins after Oct. 23, 1968, see section 6(a)

of Pub. L. 90-631, set out as an Effective Date note under section

3500 of this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-77 effective first day of first month

which begins more than ten days after Aug. 31, 1967, see section

405 of Pub. L. 90-77, set out as a note under section 101 of this

title.

APPLICABILITY OF SUBSECTION (G)(1) TO APPORTIONMENTS MADE BEFORE

OCTOBER 17, 1980

Section 602(d) of Pub. L. 96-466 provided that: "The provisions

of section 1682(g)(1) [now 3482(g)(1)] of title 38, United States

Code, as added by subsection (a) shall not apply to an

apportionment made under section 3107(c) [now 5307(c)] of such

title before the date of the enactment of this Act [Oct. 17,

1980]."

[Section 802(f) of Pub. L. 96-466 provided in part that, except

as otherwise specifically provided, section 602(d) shall become

effective Oct. 1, 1980.]

OVERPAYMENTS TO VETERANS BY TANGIPAHOA PARISH SCHOOL BOARD, AMITE,

LOUISIANA

Pub. L. 90-493, Sec. 5, Aug. 19, 1968, 82 Stat. 809, provided

that any veteran determined by the Administrator of Veterans'

Affairs to have received overpayments of educational benefits under

former chapter 33 of title 38, United States Code in connection

with the institutional on-farm training program conducted by the

Tangipahoa Parish School Board, Amite, Louisiana, would be relieved

of all liability to the United States for the amount of such

overpayment, remaining due on Aug. 19, 1968, by making application

for relief within two years following Aug. 19, 1968.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3002, 3034, 3202, 3452,

3491, 3492, 3532, 3680 of this title; title 10 section 16136.

-End-

-CITE-

38 USC Sec. 3482A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT

SERVICES

-HEAD-

[Sec. 3482A. Vacant]

-COD-

CODIFICATION

Prior to renumbering of sections 1651 to 1693 of this chapter as

sections 3451 to 3493 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,

105 Stat. 406, section 1682A of this chapter, added Pub. L. 95-202,

title II, Sec. 201(a), Nov. 23, 1977, 91 Stat. 1436; amended Pub.

L. 97-295, Sec. 4(41), Oct. 12, 1982, 96 Stat. 1308, which related

to accelerated payment of educational assistance allowances, was

repealed by Pub. L. 100-689, title I, Sec. 124(a), Nov. 18, 1988,

102 Stat. 4174.

-End-

-CITE-

38 USC Sec. 3483 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT

SERVICES

-HEAD-

Sec. 3483. Approval of courses

-STATUTE-

An eligible veteran shall receive the benefits of this chapter

while enrolled in a course of education offered by an educational

institution only if such course is approved in accordance with the

provisions of subchapter I of chapter 36 of this title.

-SOURCE-

(Added Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 19, Sec.

1685; renumbered Sec. 1686, Pub. L. 90-77, title III, Sec. 304(a),

Aug. 31, 1967, 81 Stat. 186; renumbered Sec. 1683, Pub. L. 92-540,

title IV, Sec. 401(7), Oct. 24, 1972, 86 Stat. 1090; renumbered

Sec. 3483, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1683 of this title as

this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3034, 3241, 3670 of this

title; title 10 section 16136.

-End-

-CITE-

38 USC Sec. 3484 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT

SERVICES

-HEAD-

Sec. 3484. Apprenticeship or other on-job training; correspondence

courses

-STATUTE-

Any eligible veteran may pursue a program of apprenticeship or

other on-job training or a program of education exclusively by

correspondence and be paid an educational assistance allowance or

training assistance allowance, as applicable, under the provisions

of section 3687 or 3686 of this title.

-SOURCE-

(Added Pub. L. 92-540, title III, Sec. 304, Oct. 24, 1972, 86 Stat.

1081, Sec. 1684; renumbered Sec. 3484 and amended Pub. L. 102-83,

Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1684 of this title as

this section and substituted "3687 or 3686" for "1787 or 1786".

-End-

-CITE-

38 USC Sec. 3485 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT

SERVICES

-HEAD-

Sec. 3485. Work-study allowance

-STATUTE-

(a)(1) Individuals utilized under the authority of subsection (b)

shall be paid an additional educational assistance allowance

(hereinafter in this section referred to as "work-study

allowance"). Such allowance shall be paid in return for an

individual's entering into an agreement described in paragraph (3).

(2) Such work-study allowance shall be paid in an amount equal to

the product of -

(A) the applicable hourly minimum wage; and

(B) the number of hours worked during the applicable period.

(3) An agreement described in this paragraph is an agreement of

an individual to perform services, during or between periods of

enrollment, aggregating not more than a number of hours equal to 25

times the number of weeks in the semester or other applicable

enrollment period, required in connection with a qualifying

work-study activity.

(4) For the purposes of this section, the term "qualifying

work-study activity" means any of the following:

(A) The outreach services program under subchapter II of

chapter 77 of this title as carried out under the supervision of

a Department employee or, during the period preceding December

27, 2006, outreach services to servicemembers and veterans

furnished by employees of a State approving agency.

(B) The preparation and processing of necessary papers and

other documents at educational institutions or regional offices

or facilities of the Department.

(C) The provision of hospital and domiciliary care and medical

treatment under chapter 17 of this title, including, during the

period preceding December 27, 2006, the provision of such care to

veterans in a State home for which payment is made under section

1741 of this title.

(D) Any other activity of the Department as the Secretary

determines appropriate.

(E) In the case of an individual who is receiving educational

assistance under chapter 1606 of title 10, an activity relating

to the administration of that chapter at Department of Defense,

Coast Guard, or National Guard facilities.

(F) During the period preceding December 27, 2006, an activity

relating to the administration of a national cemetery or a State

veterans' cemetery.

(5) An individual may elect, in a manner prescribed by the

Secretary, to be paid in advance an amount equal to 40 percent of

the total amount of the work-study allowance agreed to be paid

under the agreement in return for the individual's agreement to

perform the number of hours of work specified in the agreement (but

not more than an amount equal to 50 times the applicable hourly

minimum wage).

(6) For the purposes of this subsection and subsection (e), the

term "applicable hourly minimum wages" means -

(A) the hourly minimum wage under section 6(a) of the Fair

Labor Standards Act of 1938 (29 U.S.C. 206(a)); or

(B) the hourly minimum wage under comparable law of the State

in which the services are to be performed, if such wage is higher

than the wage referred to in subparagraph (A) and the Secretary

has made a determination to pay such higher wage.

(b) Notwithstanding any other provision of law, the Secretary

shall, subject to the provisions of subsection (e) of this section,

utilize, in connection with the activities specified in subsection

(a)(1) of this section, the service of individuals who are pursuing

programs of rehabilitation, education, or training under chapter

30, 31, 32, or 34 of this title or chapter 106 of title 10, at a

rate equal to at least three-quarters of that required of a

full-time student. In carrying out this section, the Secretary,

wherever feasible, shall give priority to veterans with

disabilities rated at 30 percent or more for purposes of chapter 11

of this title. In the event an individual ceases to be at least a

three-quarter-time student before completing such agreement, the

individual may, with the approval of the Secretary, be permitted to

complete such agreement.

(c) The Secretary shall determine the number of individuals whose

services the Department of Veterans Affairs can effectively utilize

and the types of services that such individuals may be required to

perform, on the basis of a survey, which the Secretary shall

conduct annually, of each Department of Veterans Affairs regional

office in order to determine the numbers of individuals whose

services can effectively be utilized during an enrollment period in

each geographical area where Department of Veterans Affairs

activities are conducted, and shall determine which individuals

shall be offered agreements under this section in accordance with

regulations which the Secretary shall prescribe, including as

criteria (1) the need of the individual to augment the veteran's

educational assistance or subsistence allowance; (2) the

availability to the individual of transportation to the place where

the individual's services are to be performed; (3) the motivation

of the individual; and (4) in the case of a disabled veteran

pursuing a course of vocational rehabilitation under chapter 31 of

this title, the compatibility of the work assignment to the

veteran's physical condition.

(d) While performing the services authorized by this section,

individuals shall be deemed employees of the United States for the

purposes of the benefits of chapter 81 of title 5 but not for the

purposes of laws administrated by the Office of Personnel

Management.

(e)(1) Subject to paragraph (2) of this subsection, the Secretary

may, notwithstanding any other provision of law, enter into an

agreement with an individual under this section, or a modification

of such an agreement, whereby the individual agrees to perform

services of the kind described in clauses (A) through (E) of

subsection (a)(1) of this section and agrees that the Secretary

shall, in lieu of paying the work-study allowance payable for such

services, as provided in subsection (a) of this section, deduct the

amount of the allowance from the amount which the individual has

been determined to be indebted to the United States by virtue of

such individual's participation in a benefits program under this

chapter, chapter 30, 31, 32, 35, or 36 (other than an education

loan under subchapter III) of this title, or chapter 106 of title

10 (other than an indebtedness arising from a refund penalty

imposed under section 2135 (!1) of such title).

(2)(A) Subject to subparagraph (B) of this paragraph, the

provisions of this section (other than those provisions which are

determined by the Secretary to be inapplicable to an agreement

under this subsection) shall apply to any agreement authorized

under paragraph (1) of this subsection.

(B) For the purposes of this subsection, the Secretary may -

(i) waive, in whole or in part, the limitations in subsection

(a) of this section concerning the number of hours and periods

during which services can be performed by the individual and the

provisions of subsection (b) of this section requiring the

individual's pursuit of a program of rehabilitation, education,

or training;

(ii) in accordance with such terms and conditions as may be

specified in the agreement under this subsection, waive or defer

charging interest and administrative costs pursuant to section

5315 of this title on the indebtedness to be satisfied by

performance of the agreement; and

(iii) notwithstanding the indebtedness offset provisions of

section 5314 of this title, waive or defer until the termination

of an agreement under this subsection the deduction of all or any

portion of the amount of indebtedness covered by the agreement

from future payments to the individual as described in section

5314 of this title.

(3)(A) Subject to the provisions of subparagraphs (B) and (C) of

this paragraph, an agreement authorized under this subsection shall

terminate in accordance with the provisions of this section and the

terms and conditions of the agreement which are consistent with

this subsection.

(B) In no event shall an agreement under this subsection continue

in force after the total amount of the individual's indebtedness

described in paragraph (1) of this subsection has been recouped,

waived, or otherwise liquidated.

(C) Notwithstanding the provisions of subparagraphs (A) and (B)

of this paragraph, if the Secretary finds that an individual was

without fault and was allowed to perform services described in the

agreement after its termination, the Secretary shall, as reasonable

compensation therefor, pay the individual at the applicable hourly

minimum wage rate for such services as the Secretary determines

were satisfactorily performed.

(4) The Secretary shall promulgate regulations to carry out this

subsection.

-SOURCE-

(Added Pub. L. 92-540, title II, Sec. 203, Oct. 24, 1972, 86 Stat.

1079, Sec. 1685; amended Pub. L. 93-508, title II, Sec. 205, Dec.

3, 1974, 88 Stat. 1582; Pub. L. 94-502, title II, Secs. 208,

211(11), Oct. 15, 1976, 90 Stat. 2388, 2389; Pub. L. 95-202, title

I, Sec. 105, Nov. 23, 1977, 91 Stat. 1435; Pub. L. 96-466, title

VIII, Sec. 801(b), Oct. 17, 1980, 94 Stat. 2216; Pub. L. 97-295,

Sec. 4(42), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 99-576, title

III, Sec. 308(c), Oct. 28, 1986, 100 Stat. 3270; Pub. L. 101-237,

title IV, Secs. 405(a)-(d)(2), (4)(A), 423(b)(1), Dec. 18, 1989,

103 Stat. 2080, 2081, 2092; Pub. L. 102-16, Secs. 6(a)-(b)(2),

10(a)(5), Mar. 22, 1991, 105 Stat. 50, 51, 55; Pub. L. 102-40,

title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered

Sec. 3485 and amended Pub. L. 102-83, Secs. 2(c)(2), 5(a), Aug. 6,

1991, 105 Stat. 402, 406; Pub. L. 102-568, title III, Sec. 311,

Oct. 29, 1992, 106 Stat. 4330; Pub. L. 105-368, title II, Sec.

202(a), Nov. 11, 1998, 112 Stat. 3326; Pub. L. 107-14, Sec.

8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 107-103, title I,

Sec. 107(a), Dec. 27, 2001, 115 Stat. 983; Pub. L. 107-330, title

III, Sec. 308(g)(11), Dec. 6, 2002, 116 Stat. 2829.)

-REFTEXT-

REFERENCES IN TEXT

Section 2135 of title 10, referred to in subsec. (e)(1), was

renumbered section 16135 of Title 10, Armed Forces, by Pub. L.

103-337, div. A, title XVI, Sec. 1663(b)(2), Oct. 5, 1994, 108

Stat. 3006.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(4)(A), (C), (F). Pub. L. 107-330 substituted

"the period preceding December 27, 2006" for "the five-year period

beginning on the date of the enactment of the Veterans Education

and Benefits Expansion Act of 2001".

2001 - Subsec. (a). Pub. L. 107-103 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows:

"(a)(1) Individuals utilized under the authority of subsection

(b) of this section shall be paid an additional educational

assistance allowance (hereinafter referred to as 'work-study

allowance'). Such work-study allowance shall be paid in an amount

equal to the applicable hourly minimum wage times the number of

hours worked during the applicable period, in return for such

individual's agreement to perform services, during or between

periods of enrollment, aggregating not more than a number of hours

equal to 25 times the number of weeks in the semester or other

applicable enrollment period, required in connection with (A) the

out-reach services program under subchapter II of chapter 77 of

this title as carried out under the supervision of a Department of

Veterans Affairs employee, (B) the preparation and processing of

necessary papers and other documents at educational institutions or

regional offices or facilities of the Department of Veterans

Affairs, (C) the provision of hospital and domiciliary care and

medical treatment under chapter 17 of this title, (D) any other

activity of the Department of Veterans Affairs as the Secretary

shall determine appropriate, or (E) in the case of an individual

who is receiving educational assistance under chapter 106 of title

10, activities relating to the administration of such chapter at

Department of Defense, Coast Guard, or National Guard facilities.

An individual may elect, in a manner prescribed by the Secretary,

to be paid in advance an amount equal to 40 percent of the total

amount of the work-study allowance agreed to be paid under the

agreement in return for the individual's agreement to perform the

number of hours of work specified in the agreement (but not more

than an amount equal to 50 times the applicable hourly minimum

wage).

"(2) For the purposes of paragraph (1) of this subsection and

subsection (e) of this section, the term 'applicable hourly minimum

wage' means (A) the hourly minimum wage under section 6(a) of the

Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)), or (B) the

hourly minimum wage under comparable law of the State in which the

services are to be performed, if such wage is higher than the wage

referred to in clause (A) and the Secretary has made a

determination to pay such higher wage."

Subsec. (a)(1). Pub. L. 107-14 substituted "hereinafter" for

"hereafter".

1998 - Subsec. (a)(1). Pub. L. 105-368 substituted "An individual

may elect, in a manner prescribed by the Secretary, to be paid in

advance" for "An individual shall be paid in advance" in last

sentence.

1992 - Subsec. (a)(1). Pub. L. 102-568 substituted "40 percent"

for "40 per centum" and inserted before period at end "(but not

more than an amount equal to 50 times the applicable hourly minimum

wage)".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1685 of this

title as this section.

Subsec. (a)(1). Pub. L. 102-83, Sec. 2(c)(2), substituted

"subchapter II of chapter 77" for "subchapter IV of chapter 3".

Pub. L. 102-16, Sec. 10(a)(5), redesignated cls. (1) to (5) as

cls. (A) to (E), respectively, and inserted in cl. (E) ", Coast

Guard, or National Guard" after "Department of Defense".

Subsec. (a)(2). Pub. L. 102-16, Sec. 6(b)(1), inserted "and

subsection (e) of this section" after "subsection".

Subsec. (b). Pub. L. 102-16, Sec. 6(b)(2), inserted ", subject to

the provisions of subsection (e) of this section," after "shall" in

first sentence.

Subsec. (e). Pub. L. 102-40 substituted "5315" for "3115" in par.

(2)(B)(ii) and "5314" for "3114" in two places in par. (2)(B)(iii).

Pub. L. 102-16, Sec. 6(a), added subsec. (e).

1989 - Pub. L. 101-237, Sec. 405(d)(4)(A), substituted

"Work-study allowance" for "Veteran-student services" as section

catchline.

Subsec. (a). Pub. L. 101-237, Sec. 423(b)(1), substituted

"Secretary" and "Department of Veterans Affairs" for

"Administrator" and "Veterans' Administration", respectively,

wherever appearing.

Pub. L. 101-237, Sec. 405(a)(1), (b), (d)(2)(A), (C), (D),

designated existing provisions as par. (1), substituted "Such

work-study allowance shall be paid in an amount equal to the

applicable hourly minimum wage times the number of hours worked

during the applicable period, in return for such individual's

agreement to perform services, during or between periods of

enrollment, aggregating not more than a number of hours equal to 25

times the number of weeks in the semester or other applicable

enrollment period," for "Such work-study allowance shall be paid in

an amount equal to either the amount of the hourly minimum wage in

effect under section 6(a) of the Fair Labor Standards Act of 1938

(29 U.S.C. 206(a)) times two hundred and fifty or $625, whichever

is the higher, in return for such veteran-student's agreement to

perform services, during or between periods of enrollment,

aggregating two hundred and fifty hours during a semester or other

applicable enrollment period," in second sentence, added cl. (5),

substituted references to individuals for references to

veteran-students, struck out third and fourth sentences which read

as follows: "An agreement may be entered into for the performance

of services for periods of less than two hundred and fifty hours.

The amount of the work-study allowance to be paid under any such

agreement shall be determined by multiplying the number of hours of

work performed by the veteran-student under such agreement times

either the hourly minimum wage in effect under section 6(a) of the

Fair Labor Standards Act of 1938 during the period the work is to

be performed or $2.50, whichever is the higher.", and added par.

(2).

Subsec. (b). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator" wherever appearing.

Pub. L. 101-237, Sec. 405(a)(2), (c), (d)(1), substituted

"subsection (a)(1) of this section" for "subsection (a) of this

section", "individuals who are pursuing programs of rehabilitation,

education, or training under chapter 30, 31, 32, or 34 of this

title or chapter 106 of title 10, at a rate equal to at least

three-quarters of that required of a full-time student" for

"veteran-students who are pursuing full-time programs of

rehabilitation, education, or training under chapter 30, 31, 32, or

34 of this title", "30 percent" for "30 per centum", and "an

individual ceases to be at least a three-quarter-time student

before completing such agreement, the individual" for "the veteran

ceases to be a full-time student before completing such agreement,

the veteran".

Subsec. (c). Pub. L. 101-237, Sec. 423(b)(1), substituted

"Secretary" and "Department of Veterans Affairs" for

"Administrator" and "Veterans' Administration", respectively,

wherever appearing.

Pub. L. 101-237, Sec. 405(d)(2)(B), (E)-(G), substituted

"individuals" for "veterans" and for "veteran-students" wherever

appearing, substituted "individual's" for "veteran's" in cl. (2),

and substituted "individual" for "veteran" wherever appearing in

cls. (1) to (3).

Subsec. (d). Pub. L. 101-237, Sec. 405(d)(2)(B), substituted

"individuals" for "veteran-students".

1986 - Subsec. (b). Pub. L. 99-576 substituted "rehabilitation,

education, or training under chapter 30, 31, 32, or 34 of this

title" for "education or training under chapters 31 and 34 of this

title".

1982 - Subsec. (a). Pub. L. 97-295 inserted "(29 U.S.C. 206(a))"

after "Act of 1938" the first time it appeared.

1980 - Subsec. (d). Pub. L. 96-466 substituted "Office of

Personnel Management" for "Civil Service Commission".

1977 - Subsec. (a). Pub. L. 95-202 substituted "Such work-study

allowance shall be paid in an amount equal to either the amount of

the hourly minimum wage in effect under section 6(a) of the Fair

Labor Standards Act of 1938 times two hundred and fifty or $625,

whichever is the higher," for "Such work-study allowance shall be

paid in the amount of $625" and, in the provisions relating to

periods of service of less than two hundred and fifty hours,

substituted "amount of the work-study allowance to be paid under

any such agreement shall be determined by multiplying the number of

hours of work performed by the veteran-student under such agreement

times either the hourly minimum wage in effect under section 6(a)

of the Fair Labor Standards Act of 1938 during the period the work

is to be performed or $2.50, whichever is the higher" for "amount

of the work-study allowance to be paid shall bear the same ratio to

the number of hours of work agreed to be performed as $625 bears to

two hundred and fifty hours" and "A veteran-student shall be paid

in advance an amount equal to 40 per centum of the total amount of

the work-study allowance agreed to be paid under the agreement to

perform the number of hours of work specified in the agreement" for

provisions setting a flat amount of $250 in advance or a lesser

amount in the case of any agreement providing for periods of less

than one hundred hours.

1976 - Subsec. (b). Pub. L. 94-502, Sec. 208, inserted provision

permitting the veteran who ceases to be a full-time student to

complete the agreement, with the approval of the Administrator.

Subsec. (c). Pub. L. 94-502, Sec. 211(11), substituted "the

Administrator shall conduct" for "he shall conduct", "the

Administrator shall prescribe," for "he shall prescribe,", and "the

veteran's" for "his" in two places.

1974 - Subsec. (a). Pub. L. 93-508, Sec. 205(1), (2), substituted

"the amount of $625" for "in advance in the amount of $250", and

"aggregating two hundred and fifty hours" for "aggregating one

hundred hours", and substituted provisions that an agreement may be

entered into for the performance of services for periods of less

than two hundred and fifty hours, in which case the amount of the

work-study allowance to be paid shall bear the same ratio to the

number of hours of work agreed to be performed as $625 bears to two

hundred and fifty hours and that in the case of any agreement

providing for the performance of services for less than one hundred

hours, the amount of the advance payment shall bear the same ratio

to the number of hours of work agreed to be performed as $625 bears

to two hundred and fifty hours, for provisions that advances of

lesser amounts may be made in return for agreements to perform

services for periods of less than one hundred hours, and that the

amount of such advance shall bear the same ratio to the number of

hours of work agreed to be performed as $250 bears to one hundred

hours.

Subsec. (c). Pub. L. 93-508, Sec. 205(3), struck out

parenthetical provisions relating to a limit of eight-hundred

man-years or their equivalent during any fiscal year.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-103, title I, Sec. 107(b), Dec. 27, 2001, 115 Stat.

984, provided that: "The amendment made by this section [amending

this section] shall apply with respect to agreements entered into

under section 3485 of title 38, United States Code, on or after the

date of the enactment of this Act [Dec. 27, 2001]."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-368, title II, Sec. 202(b), Nov. 11, 1998, 112 Stat.

3326, provided that: "The amendment made by subsection (a)

[amending this section] shall apply with respect to agreements

entered into under section 3485 of title 38, United States Code, on

or after January 1, 1999."

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 405(a)-(d)(2), (4)(A) of Pub. L. 101-237

effective May 1, 1990, and applicable to services performed on or

after that date, see section 405(e) of Pub. L. 101-237, set out as

a note under section 16136 of Title 10, Armed Forces.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section

802(h) of Pub. L. 96-466, set out as a note under section 3452 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-202 effective retroactively to Oct. 1,

1977, see section 501 of Pub. L. 95-202, set out as a note under

section 101 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 15, 1976, see section

703(b) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section

503 of Pub. L. 93-508, set out as a note under section 3452 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1712A, 3034, 3104, 3241,

3537, 5314, 5315, 7722 of this title; title 10 section 16136.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

38 USC Secs. 3486, 3487 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT

SERVICES

-HEAD-

[Secs. 3486, 3487. Vacant]

-COD-

CODIFICATION

Prior to renumbering of sections 1651 to 1693 of this chapter as

sections 3451 to 3493 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,

105 Stat. 406, sections 1686 and 1687 of this chapter were

repealed.

Section 1686, added Pub. L. 93-508, title III, Sec. 302(a), Dec.

3, 1974, 88 Stat. 1591; amended Pub. L. 97-35, title XX, Sec.

2005(b), Aug. 13, 1981, 95 Stat. 783, which related to educational

loans to any eligible veteran to whom former section 1662(a)(2) of

this title applied, was repealed by Pub. L. 100-689, title I, Sec.

124(a), Nov. 18, 1988, 102 Stat. 4174.

Section 1687, added Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80

Stat. 19, Sec. 1686; renumbered Sec. 1687, Pub. L. 90-77, title

III, Sec. 304(a), Aug. 31, 1967, 81 Stat. 186, which related to

discontinuance of educational assistance allowance by

Administrator, was repealed by Pub. L. 92-540, title IV, Sec.

401(6), Oct. 24, 1972, 86 Stat. 1090.

-End-

-CITE-

38 USC SUBCHAPTER V - SPECIAL ASSISTANCE FOR THE

EDUCATIONALLY DISADVANTAGED 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER V - SPECIAL ASSISTANCE FOR THE EDUCATIONALLY

DISADVANTAGED

-HEAD-

SUBCHAPTER V - SPECIAL ASSISTANCE FOR THE EDUCATIONALLY

DISADVANTAGED

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3461 of this title.

-End-

-CITE-

38 USC Sec. 3490 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER V - SPECIAL ASSISTANCE FOR THE EDUCATIONALLY

DISADVANTAGED

-HEAD-

Sec. 3490. Purpose

-STATUTE-

It is the purpose of this subchapter (1) to encourage and assist

veterans who have academic deficiencies to attain a high school

education or its equivalent and to qualify for and pursue courses

of higher education, (2) to assist eligible veterans to pursue

postsecondary education through tutorial assistance where required,

and (3) to encourage educational institutions to develop programs

which provide special tutorial, remedial, preparatory, or other

educational or supplementary assistance to such veterans.

-SOURCE-

(Added Pub. L. 91-219, title II, Sec. 204(a)(4), Mar. 26, 1970, 84

Stat. 79, Sec. 1690; renumbered Sec. 3490, Pub. L. 102-83, Sec.

5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1690 of this title as

this section.

-End-

-CITE-

38 USC Sec. 3491 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER V - SPECIAL ASSISTANCE FOR THE EDUCATIONALLY

DISADVANTAGED

-HEAD-

Sec. 3491. Elementary and secondary education and preparatory

educational assistance

-STATUTE-

(a) In the case of any eligible veteran who -

(1) has not received a secondary school diploma (or an

equivalency certificate), or

(2) is not on active duty and who, in order to pursue a program

of education for which the veteran would otherwise be eligible,

needs refresher courses, deficiency courses, or other preparatory

or special educational assistance to qualify for admission to an

appropriate educational institution,

the Secretary may, without regard to so much of the provisions of

section 3471 of this title as prohibit the enrollment of an

eligible veteran in a program of education in which the veteran is

"already qualified", approve the enrollment of such veteran in an

appropriate course or courses or other special educational

assistance program.

(b)(1) The Secretary shall pay to an eligible veteran pursuing a

course or courses or program pursuant to subsection (a)(2) of this

section, an educational assistance allowance as provided in

sections 3481 and 3482(a) or (b) of this title.

(2) The Secretary shall pay to an eligible veteran described in

subsection (a)(1) of this section who is pursuing a course or

courses or program under this subchapter for the purpose of

attaining a secondary school diploma (or an equivalency

certificate) an educational assistance allowance (A) at the rate of

established charges for tuition and fees required of similarly

circumstanced nonveterans enrolled in the same course, courses, or

program, or (B) at the institutional full-time rate provided in

section 3482(a) of this title, whichever is the lesser.

(c) The provisions of section 3473(d)(1) (!1) of this title,

relating to the disapproval of enrollment in certain courses, shall

be applicable to the enrollment of an eligible veteran who, while

serving on active duty, enrolls in one or more courses under this

subchapter for the purpose of attaining a secondary school diploma

(or an equivalency certificate).

-SOURCE-

(Added Pub. L. 91-219, title II, Sec. 204(a)(4), Mar. 26, 1970, 84

Stat. 79, Sec. 1691; amended Pub. L. 92-540, title III, Sec. 305,

Oct. 24, 1972, 86 Stat. 1081; Pub. L. 94-502, title II, Sec.

211(12), Oct. 15, 1976, 90 Stat. 2389; Pub. L. 96-466, title III,

Sec. 311, Oct. 17, 1980, 94 Stat. 2194; Pub. L. 97-295, Sec. 4(43),

Oct. 12, 1982, 96 Stat. 1308; Pub. L. 97-306, title II, Sec.

203(b), Oct. 14, 1982, 96 Stat. 1434; Pub. L. 101-237, title IV,

Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec.

3491 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406.)

-REFTEXT-

REFERENCES IN TEXT

Section 3473(d)(1) of this title, referred to in subsec. (c), was

repealed by Pub. L. 102-568, title III, Sec. 313(a)(3)(A), Oct. 29,

1992, 106 Stat. 4332.

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1691 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3471" for

"1671" in concluding provisions.

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3481 and

3482(a)" for "1681 and 1682(a)" in par. (1) and "3482(a)" for

"1682(a)" in par. (2).

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3473(d)(1)" for "1673(d)(1)".

1989 - Subsecs. (a), (b). Pub. L. 101-237 substituted "Secretary"

for "Administrator" wherever appearing.

1982 - Subsec. (a). Pub. L. 97-295, Sec. 4(43)(A), inserted "of

this title" after "section 1671".

Subsec. (b)(2). Pub. L. 97-295, Sec. 4(43)(B), inserted "of this

title" after "section 1682(a)".

Subsec. (c). Pub. L. 97-306 substituted "section 1673(d)(1)" for

"section 1673(d)".

1980 - Subsec. (a). Pub. L. 96-466, Sec. 311(1), in provisions

preceding par. (1) struck out "not on active duty" after "eligible

veteran", in par. (1) struck out "at the time of the veteran's

discharge or release from active duty" after "(or an equivalency

certificate)", and in par. (2) inserted "is not on active duty and

who," before "in order to pursue".

Subsec. (b). Pub. L. 96-466, Sec. 311(2), designated existing

provisions as par. (1), substituted reference to subsec. (a)(2) of

this section for reference to subsec. (a) of this section, and

added par. (2).

Subsec. (c). Pub. L. 96-466, Sec. 311(3), added subsec. (c).

1976 - Subsec. (a). Pub. L. 94-502 substituted "the veteran's"

for "his" and "the veteran" for "he" wherever appearing.

1972 - Subsec. (b). Pub. L. 92-540 struck out provision relating

to the approval in excess of half-time training as defined pursuant

to section 1684 of this title of enrollment in adult evening

secondary school courses.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except that

subsec. (b)(2) of this section, as added by section 311(2)(C) of

Pub. L. 96-466, not applicable to any person receiving educational

assistance under this chapter on Oct. 1, 1980, for the pursuit of a

program of education in which such person is enrolled on that date,

for as long as such person continuously thereafter is so enrolled

and meets the requirements of eligibility for such assistance for

pursuit of such program, see section 802(c) of Pub. L. 96-466, set

out as a note under section 3452 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 15, 1976, see section

703(b) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3231, 3241, 3462, 3473,

3533, 3680 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

38 USC Sec. 3492 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER V - SPECIAL ASSISTANCE FOR THE EDUCATIONALLY

DISADVANTAGED

-HEAD-

Sec. 3492. Tutorial assistance

-STATUTE-

(a) In the case of any eligible veteran who -

(1) is enrolled in and pursuing a postsecondary course of

education on a half-time or more basis at an educational

institution; and

(2) has a deficiency in a subject required as a part of, or

which is prerequisite to, or which is indispensable to the

satisfactory pursuit of, an approved program of education,

the Secretary may approve individualized tutorial assistance for

such veteran if such assistance is necessary for the veteran to

complete such program successfully.

(b) The Secretary shall pay to an eligible veteran receiving

tutorial assistance pursuant to subsection (a) of this section, in

addition to the educational assistance allowance provided in

section 3482 of this title, the cost of such tutorial assistance in

an amount not to exceed $100 per month, for a maximum of twelve

months, or until a maximum of $1,200 is utilized, upon

certification by the educational institution that -

(1) the individualized tutorial assistance is essential to

correct a deficiency of the eligible veteran in a subject

required as a part of, or which is prerequisite to, or which is

indispensable to the satisfactory pursuit of, an approved program

of education;

(2) the tutor chosen to perform such assistance is qualified

and is not the eligible veteran's parent, spouse, child (whether

or not married or over eighteen years of age), brother, or

sister; and

(3) the charges for such assistance do not exceed the customary

charges for such tutorial assistance.

-SOURCE-

(Added Pub. L. 91-219, title II, Sec. 204(a)(4), Mar. 26, 1970, 84

Stat. 80, Sec. 1692; amended Pub. L. 92-540, title III, Sec. 306,

Oct. 24, 1972, 86 Stat. 1081; Pub. L. 93-508, title II, Sec. 206,

Dec. 3, 1974, 88 Stat. 1583; Pub. L. 94-502, title II, Sec. 209,

Oct. 15, 1976, 90 Stat. 2388; Pub. L. 95-202, title I, Sec. 102(5),

Nov. 23, 1977, 91 Stat. 1434; Pub. L. 96-466, title II, Secs.

201(5), 211(5), title III, Sec. 312, Oct. 17, 1980, 94 Stat. 2188,

2190, 2195; Pub. L. 98-543, title II, Sec. 202(4), Oct. 24, 1984,

98 Stat. 2742; Pub. L. 100-689, title I, Sec. 107(c)(1), (2)(A),

Nov. 18, 1988, 102 Stat. 4169; Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3492

and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1692 of this

title as this section.

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3482" for

"1682".

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

1988 - Pub. L. 100-689, Sec. 107(c)(2)(A), substituted "Tutorial

assistance" for "Special supplementary assistance" in section

catchline.

Subsec. (b). Pub. L. 100-689, Sec. 107(c)(1), substituted "$100"

and "$1,200" for "$84" and "$1,008", respectively.

1984 - Subsec. (b). Pub. L. 98-543 substituted "$84" and "$1,008"

for "$76" and "$911", respectively.

1980 - Subsec. (b). Pub. L. 96-466, Sec. 211(5), substituted

"$76" and "$911" for "$72" and "$869", respectively.

Pub. L. 96-466, Sec. 201(5), substituted "$72" and "$869" for

"$69" and "$828", respectively.

Subsec. (b)(2). Pub. L. 96-466, Sec. 312, inserted "and is not

the eligible veteran's parent, spouse, child (whether or not

married or over eighteen years of age), brother, or sister" after

"is qualified".

1977 - Subsec. (b). Pub. L. 95-202 substituted "$69" and "$828"

for "$65" and "$780", respectively.

1976 - Subsec. (b). Pub. L. 94-502 substituted "$65" for "$60"

and "$780" for "$720", respectively.

1974 - Subsec. (b). Pub. L. 93-508 substituted "$60 per month,

for a maximum of twelve months, or until a maximum of $720" for

"$50 per month, for a maximum of nine months, or until a maximum of

$450".

1972 - Subsec. (a)(2). Pub. L. 92-540, Sec. 306(1), struck out

"marked" before "deficiency".

Subsec. (b). Pub. L. 92-540, Sec. 306(2), inserted "or until a

maximum of $450 is utilized," after "nine months".

Subsec. (b)(1). Pub. L. 92-540, Sec. 306(1), struck out "marked"

before "deficiency".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-543 effective Oct. 1, 1984, see section

205 of Pub. L. 98-543, set out as a note under section 3108 of this

title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by sections 201(5) and 211(5) of Pub. L. 96-466

effective Oct. 1, 1980, and Jan. 1, 1981, respectively, see section

802(b) of Pub. L. 96-466, set out as a note under section 3482 of

this title.

Amendment by section 312 of Pub. L. 96-466 effective Oct. 1,

1980, except as otherwise specifically provided, see section 802(c)

of Pub. L. 96-466, set out as a note under section 3452 of this

title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-202 effective retroactively to Oct. 1,

1977, see section 501 of Pub. L. 95-202, set out as a note under

section 101 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 1, 1976, see section

703(a) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section

503 of Pub. L. 93-508, set out as a note under section 3452 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3019, 3234, 3533 of this

title.

-End-

-CITE-

38 USC Sec. 3493 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER V - SPECIAL ASSISTANCE FOR THE EDUCATIONALLY

DISADVANTAGED

-HEAD-

Sec. 3493. Effect on educational entitlement

-STATUTE-

The educational assistance allowance or cost of individualized

tutorial assistance authorized by this subchapter shall be paid

without charge to any period of entitlement the veteran may have

earned pursuant to section 3461(a) of this title.

-SOURCE-

(Added Pub. L. 91-219, title II, Sec. 204(a)(4), Mar. 26, 1970, 84

Stat. 80, Sec. 1693; renumbered Sec. 3493 and amended Pub. L.

102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1693 of this title as

this section and substituted "3461(a)" for "1661(a)".

-End-

-CITE-

38 USC Secs. 3495 to 3498 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER V - SPECIAL ASSISTANCE FOR THE EDUCATIONALLY

DISADVANTAGED

-HEAD-

[Secs. 3495 to 3498. Vacant]

-COD-

CODIFICATION

Prior to renumbering of sections 1651 to 1693 of this chapter as

sections 3451 to 3493 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,

105 Stat. 406, sections 1695 to 1698 of this chapter, which

comprised former subchapter VI of this chapter, were repealed by

Pub. L. 96-466, title VI, Sec. 601(a)(1), title VIII, Sec. 802(f),

Oct. 17, 1980, 94 Stat. 2208, 2218, effective Oct. 1, 1980.

Section 1695, added Pub. L. 91-219, title II, Sec. 204(a)(4),

Mar. 26, 1970, 84 Stat. 80, set forth purpose of former subchapter

VI relating to a predischarge education program and defined

"eligible person" for purposes of such subchapter.

Section 1696, added Pub. L. 91-219, title II, Sec. 204(a)(4),

Mar. 26, 1970, 84 Stat. 80; amended Pub. L. 92-540, title I, Sec.

102(5), title III, Sec. 307, Oct. 24, 1972, 86 Stat. 1075, 1081;

Pub. L. 93-508, title I, Sec. 102(5), Dec. 3, 1974, 88 Stat. 1580;

Pub. L. 93-602, title II, Sec. 203(c), Jan. 2, 1975, 88 Stat. 1958;

Pub. L. 94-502, title II, Secs. 201(4), 210(5), 211(13), Oct. 15,

1976, 90 Stat. 2385, 2388, 2389; Pub. L. 95-202, title I, Sec.

102(6), Nov. 23, 1977, 91 Stat. 1434, related to payment of an

educational assistance allowance.

Section 1697, added Pub. L. 91-219, title II, Sec. 204(a)(4),

Mar. 26, 1970, 84 Stat. 81, related to educational and vocational

guidance.

Section 1698, added Pub. L. 92-540, title III, Sec. 308, Oct. 24,

1972, 86 Stat. 1082, Sec. 1697A; renumbered Sec. 1698 and amended

Pub. L. 94-502, title II, Secs. 210(3), 211(14), Oct. 15, 1976, 90

Stat. 2388, 2389; Pub. L. 95-202, title III, Sec. 302(b), Nov. 23,

1977, 91 Stat. 1441, related to coordination with and participation

by Department of Defense in carrying out functions and duties of

Department of Defense under predischarge education program.

-End-