§ 3452. Definitions

Footnotes

1. 1 So in original. Probably should be “provide”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1966

   Veterans

   Pub. L. 89–358 § 2 · 80 Stat. 12

   Enacted · 38 U.S.C. § 3452

   Added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 13, § 1652

   Source evidence

   Code source credit
   Added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 13, § 1652

   Enacted provision · exact public law section
   Sec. 2. educational benefits Part III of title 38, United States Code, is amended by inserting immediately after chapter 31 thereof the following new chapter: “CHAPTER 34— VETERANS’ EDUCATIONAL ASSISTANCE “SUBCHAPTER I PURPOSE—DEFINITIONS “Sec. “1651. Purpose. “1652. Definitions. “SUBCHAPTER II ELIGIBILITY AND ENTITLEMENT “1661. Eligibility; entitlement; duration. “1662. Time limitations for completing a program of education. “1663. Educational and vocational counseling. “SUBCHAPTER III ENROLLMENT “1670. Selection of program. “1671. Applications; approval. “1672. Change of program. “1678. Disapproval of enrollment in certain courses. “1674. Discontinuance for unsatisfactory conduct or progress. “1675. Period of operation for approval. “1676. Education outside the United States. “SUBCHAPTER IV— PAYMENTS TO ELIDIBLE VETERANS “1681. Educational assistance allowance. “1682. Computation of educational assistance allowances. “1683. Measurement of courses. “1684. Overcharges by educational institutions. “1685. Approval of courses. “1686. Discontinuance of allowances. “Subchapter I— Purpose—Definitions “§1651. Purpose “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 tn 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. “§1652. Definitions “For the purposes of this chapter— “(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 who was discharged or released therefrom under conditions other than dishonorable or (B) was discharged or released from active duty after such date for a service-connected disability. “(2) The requirement of discharge or release, prescribed in paragraph (1)(A), shall be waived in the case of any individual who served at least two years in an active-duty status for so long as he continues on active duty without a break therein. “(3) For purposes of paragraph (1)(A) and section 1661(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 511 (d) of title 10 pursuant to an enlistment 76 Stat. 509. 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. “(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. “(c) The term ‘educational institution’ means any public or private secondary school, vocational school, correspondence school, business school, junior college, teachers’ college, college, normal school, professional school, university, or scientific or technical institution, or any other institution if it furnishes education at the secondary school level or above. “(d) The term‘dependent’means— “(1) a child of an eligible veteran; “(2) a dependent parent of an eligible veteran; and “(3) the wife of an eligible veteran. “Subchapter II— Eligibility and Entitlement “§1661. Eligibility; entitlement; duration “(a) ‘Entitlement Except as provided in subsection (b), each eligible veteran shall be entitled to educational assistance under this chapter for a period of one month (or to the equivalent thereof in part-time educational assistance) for each month or fraction thereof of his service on active duty after January 31, 1955. “(b) “Entitlement Limitations Except as provided in subsection (c), in no event shall an eligible veteran receive educational assistance under this chapter for a period which, when combined with education and training received under any or all of the laws listed below, will exceed thirty-six months— “(1) parts VII or VIII, Veterans Regulation Numbered 1(a), as amended; “(2) title II of the Veterans’ Readjustment Assistance Act 38 USC 1601 note. 70 Stat. 411. 38 USC 1701 et seq. of 1952; “(3) the War Orphans’ Educational Assistance Act of 1956; “(4) chapters 31, 33, and 35 of this title. “(c) 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. “(d) If an eligible veteran is entitled to educational assistance under this chapter and also to vocational rehabilitation under chapter 31 of this title, he must, if he wants either, elect whether he will receive educational assistance or vocational rehabilitation. If an eligible veteran is entitled to educational assistance under this chapter and is not entitled to such vocational rehabilitation, but after beginning his program of education becomes entitled (as determined by the Administrator) to such vocational rehabilitation, he must, if he wants either, elect whether to continue to receive educational assistance or whether to receive such vocational rehabilitation. If he elects to receive vocational rehabilitation, the program of education under this chapter shall be utilized to the fullest extent practicable in determining the character and duration of vocational rehabilitation to be furnished him. “§1662. Time limitations for completing a program of education “(a) “Delimiting Period for Completion No educational assistance shall be afforded an eligible veteran under this chapter beyond the date eight years after his last discharge or release from active duty after January 31, 1955. “(b) “Correction of Discharge In the case of any eligible veteran who has been prevented, as determined by the Administrator, from completing a program of education under this chapter within the period prescribed by subsection (a), because he had not met the nature of discharge requirements of this chapter before a change, correction, or modification of a discharge 76 Stat. 509. or dismissal made pursuant to section 1553 of title 10, the correction of the military records of the proper service department under section 70A Stat. 116. 1552 of title 10, or other corrective action by competent authority, then the 8-year delimiting period shall run from the date his discharge or dismissal was changed, corrected, or modified. “(c) “Savings Clause In the ease of any eligible veteran who was discharged or released from active duty before the date for which an educational assistance allowance is first payable under this chapter, the 8-year delimiting period shall run from such date, if it is later than the date which otherwise would be applicable. “§1663. Educational and vocational counseling “The Administrator may arrange for educational and vocational counseling for veterans eligible for educational assistance under this chapter. At such intervals as he deems necessary, he shall make available information respecting the need for general education and for trained personnel in the various crafts, trades, and professions. Facilities of other Federal agencies collecting such information shall be utilized to the extent he deems practicable. “Subchapter III— Enrollment “§1670. Selection of program “Subject to the provisions of this chapter, each eligible veteran may select a program of education to assist him in attaining an educational, professional, or vocational objective at any educational institution (approved in accordance with chapter 36 of this title) selected by him, Post, p. 20. which will accept and retain him as a student or trainee in any field or branch of knowledge which such institution finds him qualified to undertake or pursue. “§1671. Applications; approval “Any eligible veteran who desires to initiate a program of education under this chapter shall submit an application to the Administrator which shall be in such form, and contain such information, as the Administrator shall prescribe. The Administrator shall approve such application unless he finds that such veteran is not eligible for or entitled to the educational assistance applied for, or that his program of education fails to meet any of the requirements of this chapter, or that he is already qualified. The Administrator shall notify the eligible veteran of the approval or disapproval of his application. “§1672. Change of program “(a) Except as provided in subsection (b), each eligible veteran (except an eligible veteran whose program has been interrupted or discontinued due to his own misconduct, his own neglect, or his own lack of application) may make not more than one change of program of education. “(b) The Administrator may approve one additional change (or an initial change in the case of a veteran not eligible to make a change under subsection (a)) in program if he finds that— “(1) the program of education which the eligible veteran proposes to pursue is suitable to his aptitudes, interests, and abilities; and “(2) in any instance where the eligible veteran has interrupted, or failed to progress in, his program due to his own misconduct, his own neglect, or his own lack of application, there exists a reasonable likelihood with respect to the program which the eligible veteran proposes to pursue that there will not be a recurrence of such an interruption or failure to progress. “(c) As used in this section the term ‘change of program of education’ shall not be deemed to include a change from the pursuit of one program to pursuit of another where the first program is prerequisite to, or generally required for, entrance into pursuit of the second. “§1673. Disapproval of enrollment in certain courses “(a) The Administrator shall not approve the enrollment of an eligible veteran in any type of course which the Administrator finds to be avocational or recreational in character unless the eligible veteran submits justification showing that the course will be of bona fide use in the pursuit of his present or contemplated business or occupation. “(b) The Administrator shall not approve the enrollment of an eligible veteran in any course of flight training other than one given by an educational institution of higher learning for credit toward a standard college degree the eligible veteran is seeking. “(c) The Administrator shall not approve the enrollment of an eligible veteran in any. course of apprentice or other training on the job, any course of institutional on-farm training, or any course to be pursued by open circuit television (except as herein provided) or radio. The Administrator may approve the enrollment of an eligible veteran in a course, to be pursued in residence, leading to a standard college degree which includes, as an integral part thereof, subjects offered through the medium of open circuit television, if the major portion of the course requires conventional classroom or laboratory attendance. “(d) The Administrator shall not approve the enrollment of any eligible veteran, not already enrolled, in any nonaccredited course below the college level offered by a proprietary profit or proprietary nonprofit educational institution for any period during which the Administrator finds that more than 85 per centum of the students enrolled in the course are having all or part of their tuition, fees, or other charges paid to or for them by the educational institution or the Veterans’ Administration under this chapter or chapter 31 or 35 of this title. “§1674. Discontinuance for unsatisfactory conduct or progress “The Administrator shall discontinue the educational assistance allowance of an eligible veteran if, at any time, the Administrator finds that according to the regularly prescribed standards and practices of the educational institution, his conduct or progress is unsatisfactory. The Administrator may renew the payment of the educational assistance allowance only if he finds that— “(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 his aptitudes, interests, and abilities. “§1675. Period of operation for approval “(a) The Administrator shall not approve the enrollment of an eligible veteran in any course offered by an educational institution when such course has been in operation for less than two years. “(b) Subsection (a) shall not apply to— “(1) any course to be pursued in a public or other tax-supported educational institution; “(2) any course which is offered by an educational institution which has been in operation for more than two years, if such course is similar in character to the instruction previously given by such institution; “(3) any course which has been offered by an institution for a period of more than two years, notwithstanding the institution has moved to another location within the same general locality; or “(4) any course which is offered by a nonprofit educational institution of college level and which is recognized for credit toward a standard college degree. “§1676. Education outside the United States “An eligible veteran may not pursue a program of education at an educational institution which is not located in a State, unless such program is pursued at an approved educational institution of higher learning. The Administrator in his discretion may deny or discontinue the educational assistance under this chapter of any veteran in a foreign educational institution if he finds that such enrollment is not for the best interest of the veteran or the Government. “Subchapter IV— Payments to Eligible Veterans “§1681. Educational assistance allowance “(a) The Administrator shall 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 his subsistence, tuition, fees, supplies, books, equipment, and other educational costs. “(b) The educational assistance allowance of an eligible veteran shall be paid, as provided in section 1682 of this title, only for the period of his enrollment as approved by the Administrator, but no allowance shall be paid— “(1) to any veteran enrolled in a course which leads to a standard college degree for any period when such veteran is not pursuing his course in accordance with the regularly established policies and regulations of the educational institution and the requirements of this chapter, or of chapter 36; Post, p. 20. “(2) to any veteran enrolled in a course which does not lead to a standard college degree for any day of absence in excess of thirty days in a twelve-month period, not counting as absences weekends or legal holidays established by Federal or State law during which the institution is not regularly in session; or “(3) to any veteran pursuing his program exclusively by correspondence for any period during which no lessons were serviced by the institution. “(c) The Administrator may, pursuant to such regulations as he may prescribe, determine enrollment in, pursuit of, and attendance at, any program of education or course by an eligible veteran for any period for which he receives an educational assistance allowance under this chapter for pursuing such program or course. “(d) No educational assistance allowance shall be paid to an eligible veteran enrolled in a course in an educational institution which does not lead to a standard college degree for any period until the Administrator shall have received— “(1) from the eligible veteran a certification as to his actual attendance during such period or where the program is pursued by correspondence a certificate as to the number of lessons actually completed by the veteran and serviced by the institution; and . “(2) from the educational institution, a certification, or an endorsement on the veteran’s certificate, that such veteran was enrolled in and pursuing a course of education during such period and, in the case of an institution furnishing education to a veteran exclusively by correspondence, a certificate, or an endorsement on the veteran’s certificate, as to the number of lessons completed by the veteran and serviced by the institution. “(e) Educational assistance allowances shall be paid as soon as practicable after the Administrator is assured of the veteran’s enrollment in and pursuit of the program of education for the period for which such allowance is to be paid. “§1682. Computation of educational assistance allowances “(a) (1) Except as provided in subsection (b) or (c)(1), 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, or IV (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 II Column III Column IV Type of program No dependents One dependent Two or more dependents Institutional:       Full time $100  $125  $150 Three quarter time 75  95  115 Half time 50  65  75 Cooperative 80  100  120 “(2) A ‘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 non-veterans enrolled in the same program to pay, or (B) $100 per month for a full-time course, whichever is the lesser. “(c) (1) The educational assistance allowance of an eligible veteran pursuing a. program of education exclusively by correspondence shall be computed on the basis of the established charge which the institution requires nonveterans to pay for the course or courses pursued by the eligible veteran. Such allowance shall be paid quarterly on a pro rata basis for the lessons completed by the veteran and serviced by the institution, as certified by the institution. “(2) In the case of any eligible veteran who is pursuing any program of education exclusively by correspondence, one-fourth of the elapsed time in following such program of education shall be charged against the veteran’s period of entitlement, “§1683. Measurement of courses “(a) For the purposes of this chapter— “(1) an institutional trade or technical course offered on a clock-hour basis below the college level involving shop practice as an integral part thereof, shall be considered a full-time course when a minimum of thirty hours per week of attendance is required with no more than two and one-half hours of rest periods per week allowed; “(2) an institutional course offered on a clock-hour basis below the college level in which theoretical or classroom instruction predominates shall be considered a full-time course when a minimum of twenty-five hours per week net of instruction (which may include customary intervals not to exceed ten minutes between hours of instruction) is required; and “(3) an institutional undergraduate course offered by a college or university on a quarter- or semester-hour basis for which credit is granted toward a standard college degree shall be considered a full-time course when a minimum of fourteen semester hours or its equivalent is required. “(b) The Administrator shall define part-time training in the case of the types of courses referred to in subsection (a), and shall define full-time and part-time training in the case of all other types of courses pursued under this chapter. “§1684. Overcharges by educational institutions “(a) If the Administrator finds that an educational institution has charged or received from any eligible veteran pursuing a program of education under this chapter any amount for any course in excess of the charges for tuition and fees which such institution requires similarly circumstanced nonveteran students, who are enrolled in the same course to pay, he may disapprove such educational institution for the enrollment of any eligible veteran not already enrolled therein under this chapter and any eligible veteran or person not already enrolled therein under chapter 31 or 35 of this title. “(b) Any educational institution which has been disapproved under section 1734 of this title shall be deemed to be disapproved for the enrollment under this chapter of any eligible veteran not already enrolled therein. “§1685. Approval of courses “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. Post. p. 20. “§1686. Discontinuance of allowances “The Administrator may discontinue the educational assistance allowance of any eligible veteran if he finds that the program of education or any course in which the eligible veteran is enrolled fails to meet any of the requirements of this chapter or chapter 36, or if he finds that the educational institution offering such program or course has violated any provision of this chapter or chapter 36, or fails to meet any of their requirements.”

2. 1967

   Veterans’ Pension and Readjustment Assistance Act of 1967

   Pub. L. 90–77 title III § 304(c) · 81 Stat. 178

   Added · 38 U.S.C. § 3452(e)

   Pub. L. 90–77 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 90–77 added subsec. (e).

   Enacted provision · exact public law section
   (c) Section 1652 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: “(e) For the purposes of this chapter and chapter 36 of this title, 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 of vocational education, or any joint apprenticeship committee, or the Bureau of Apprenticeship and Training established pursuant to chapter 4C 50 Stat. 664 29 USC 50, 50a, 50b. of title 29, United States Code, or any agency of the Federal Government authorized to supervise such training.”

3. 1970

   Veterans Education and Training Amendments Act of 1970

   Pub. L. 91–219 § 201(a) · 84 Stat. 76

   Changed · 38 U.S.C. § 3452(b)

   Pub. L. 91–219, § 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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 91–219, § 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.

   Enacted provision · exact public law section
   (a) Subsection (b) of section 1652 of title 38, United States Code, is amended by adding at the end thereof a new sentence as follows: “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.”

4. 1970

   Veterans Education and Training Amendments Act of 1970

   Pub. L. 91–219 § 201(b) · 84 Stat. 76

   Substituted · 38 U.S.C. § 3452(c)

   Pub. L. 91–219, § 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”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 91–219, § 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”.

   Enacted provision · exact public law section
   (b) Subsection (c) of section 1652 of such title is amended to read as follows: “(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.”

5. 1970

   Pub. L. 91–584 § 10(1) · 84 Stat. 1575

   Substituted · 38 U.S.C. § 3452(a)(2)

   Pub. L. 91–584, § 10(1), substituted “more than one hundred eighty days” for “at least two years”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 91–584, § 10(1), substituted “more than one hundred eighty days” for “at least two years”.

   Enacted provision · exact public law section
   (1) striking out “at least two years” in subsection (a)(2) and inserting in lieu thereof “more than one hundred and eighty days”; and

6. 1970

   Pub. L. 91–584 § 10(2) · 84 Stat. 1575

   Changed · 38 U.S.C. § 3452(b)

   Pub. L. 91–584, § 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

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 91–584, § 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.

   Enacted provision · exact public law section
   (2) by adding at the end of subsection (b) a new sentence as follows: “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 402(a) of the Economic Opportunity Act of 1964 (42 U.S.C. 2902(a)).” 78 Stat. 526; 81 Stat. 710. Course measure merit. Ante, p. 81.

7. 1974

   Vietnam Era Veterans’ Readjustment Assistance Act of 1974

   Pub. L. 93–508 title II § 201 · 88 Stat. 1578

   Substituted · 38 U.S.C. § 3452(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 201. Section 1652(a)(3) of title 38, United States Code, is amended by striking out the period at the end of such section and inserting in lieu thereof “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).”.

8. 1976

   Post-Vietnam Era Veterans’ Educational Assistance Act of 1977

   Pub. L. 94–502 § 402(1) · 90 Stat. 2383

   Changed · 38 U.S.C. § 3452(a)(1)

   Pub. L. 94–502, § 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

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 94–502, § 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.

   Enacted provision · exact public law section
   (1) by amending paragraph (1) of subsection (a) to read as follows: “(1) The term ‘eligible veteran’ means any veteran who— “(A) served on active duty for a period of more than ISO 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; or “(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 clause (B) of this paragraph, because of a service-connected disability.”; and

9. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 title II · 90 Stat. 2383

   1. Substituted · 38 U.S.C. § 3452(a)(2)

      Pub. L. 94–502, §§ 211(1), 402(2), substituted “such individual” for “he”

   2. Inserted · 38 U.S.C. § 3452(a)(2)

      Pub. L. 94–502, §§ 211(1), 402(2), inserted “or (B)” after “paragraph (1)(A)”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 94–502, §§ 211(1), 402(2), substituted “such individual” for “he” and inserted “or (B)” after “paragraph (1)(A)”.

   Enacted provision · exact public law
   TITLE II— VETERANS’ EDUCATION RATE AND PROGRAM ADJUSTMENTS Sec. 201. Chapter 34 of title 38, United States Code, is amended— (1) by amending the table contained in paragraph (1) of section 1682(a) to read as follows: “Column I Column II Column III Column IV Column V Type of training No dependents One dependent Two dependents More than two dependents         The amount in column IV, plus the following for each dependent in excess of two: Institutional:         Full-time $292 $347 $396 $24 Three-quarter-time 219 260 297  18 Half-time 146 174 198  12 Cooperative 235 276 313  18”.           (2) by striking out in section 1682(b) “$270” and inserting in 38 USC. 1682. lieu thereof “$292” ; (3) by amending the table contained in paragraph (2) of section 1682 (c) to read as follows: “Column I Column II Column III Column IV Column V Type of training No dependents One dependent Two dependents More than two dependents         The amount in column IV, plus the following for each dependent in excess of two: Full-time $235 $276 $313 $18 Three-quarter-time 176 207 235  14 Half-time 118 138 157   9”;           and (4) by striking out in section 1696(b) “$270” and inserting in 38 USC. 1696. lieu thereof “$292”. Sec. 202. Section 1652 of title 38, United States Code, is amended by adding at the end thereof the following new subsections: “(f) For the purposes of this chapter and chapter 36 of this title, “Institution of higher learning.” 38 USC. 1770 et seq. 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. “(g) For the purposes of this chapter and chapter 36 of this title, 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 Commissioner of Education under the provisions of section 1775 of this title.”. Sec. 203. Section 1661 of title 38, United States Code, is amended— (1) by striking out in the second sentence of subsection {a) all after “period of” the second time it appears and inserting in lieu thereof “45 months (or the equivalent thereof in part-time educational assistance).”; and (2) by amending subsection (c) to read as follows: “(c) Except as provided in subsection (b) and in subchapters V and VI of this chapter, no eligible veteran shall receive educational assistance under this chapter in excess of 45 months.”. Sec. 204. (a) The Administrator shall carry out a study of the vocational objective programs approved for the enrollment of veterans and other eligible persons under chapters 31, 34, 35, and 36 of title 38, United States Code. The study shall include the extent to which such programs are in compliance with the applicable provisions of such chapters particularly the requirements of section 1673(a) (2) of that title. (b) The findings and report of such study with respect to the provisions of section 1673(a)(2) of such title shall include, but shall not be limited to— (1) the number of veterans and institutions submitting justification asserting compliance with the requirements of such section and the extent to which any courses were challenged or disqualified by a State approving agency or by the Veterans’ Administration; (2) the number of institutions and courses for which justification showing compliance with the requirements of such section was not submitted; (3) the number of courses for which justification showing compliance with the requirements of this section was submitted and actively reviewed by either the appropriate State approving agency or by the Veterans’ Administration; (4) the extent to which courses subject to the requirements of such section have not been identified or surveyed; (5) the extent to which vocational objective programs have been converted to degree programs following enactment of Public 38 USC 1501 note. Law 93–508; (6) information as to completion rates of those courses submitting placement reports pursuant to such section; (7) the extent to which justification submitted pursuant to such section disclosed invalid survey population; (8) the extent to which justification submitted pursuant to such section disclosed improper exclusion of students who completed the course but did not take or pass a licensing examination given by the State; (9) the extent to which justification submitted pursuant to such section disclosed improper exclusion of persons employed in other fields; (10) the extent to which justification submitted pursuant to such section disclosed improper exclusion of persons as being in closely related occupations, when in fact they were not; (11) the extent to which justification submitted pursuant to such section disclosed improper exclusion of some persons as not being available for employment; (12) the extent to which there are deficiencies in basic procedures, instructions, and forms issued pursuant to such section; and (13) the extent to which vocational objective programs are being pursued for avocational or recreational purposes. (c) The Administrator shall report the results of the study carried Report to President and Congress. out under this section to the Congress and the President not later than 180 days after the date of enactment of this Act and shall include in such report any recommendations for legislative or administrative action the Administrator deems appropriate. Sec. 205. Section 1673 of title 38, United States Code, is amended— (1) by striking out at the end of subsection (a) (2) “or”; (2) by striking out the period at the end of subsection (a) (3) and inserting in lieu thereof “; or”; (3) by adding at the end of subsection (a) a new clause (4) as follows: “(4) any independent study program except one leading to a standard college degree.”; and (4) by amending subsection (d) to read as follows: “(d) The Administrator shall not approve the enrollment of any eligible veteran, not already enrolled, in any course (other than one offered pursuant to subchapter V, any farm cooperative training course, or any course described in section 1789(b)(6) of this title) for any period during which the Administrator finds that more than 85 per centum of the students enrolled in the course arc having all or part of their tuition, fees, or other charges paid to or for them by the educational institution, by the Veterans’ Administration under this title and/or by grants from any Federal agency. The Administrator may waive the requirements of this subsection, in whole or in part, if the Administrator determines it to be in the interest of the eligible veteran and the Federal Government.”. Sec. 206. Section 1674 of title 38, United States Code, is amended by inserting immediately after the first sentence thereof the following: “Unless the Administrator finds there are mitigating circumstances, progress will be considered unsatisfactory at any time the eligible veteran is not progressing at a rate that will permit such veteran to graduate within the approved length of the course based on the training time as certified to the Veterans’ Administration.”, Sec. 207. Section 1682 of title 38, United States Code, is amended by adding a new subsection (e) at the end thereof as follows: “(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) (2) of this section. In those cases where independent study is combined with resident training and the resident training constitutes the major portion of such training, the maximum allowance may not exceed the full-time institutional allowance provided under subsection (a)(1) of this section.”. Sec. 208. Section 1685(b) of title 38, United States Code, is amended by adding at the end thereof the following: “In the event the veteran ceases to be a full-time student before completing such agreement, the veteran may, with the approval of the Administrator, be permitted to complete such agreement.”. Sec. 209. Section 1692 of title 38, United States Code, is amended, by striking out in subsection (b) “$60” and “$720” and inserting in lieu thereof “$65” and “$780”, respectively. Sec. 210. Chapter 34 of title 38, United States Code, is amended— (1) by striking out in section 1652(e) “United States Code,”; (2) by striking out in subsections (a) and (b) of section 1681 “section 1780” and inserting in lieu thereof “chapter 36”; (3) ) by redesignating section 1697A as section 1698 ; (4) by striking out in the table of sections at the beginning of such chapter “1697A” and inserting in lieu thereof “1698” ; and (5) by amending section 1696 by inserting at the end thereof the following new subsection: “(d) After October 31, 1976, no person other than a member of the Armed 38 USC 1631. Forces described in section 1631(b) of this title shall be permitted to enroll, or re-enroll, in any course provided under the authority of this subchapter.”. Sec. 211. Chapter 34 of title 38, United States Code, is amended— (1) by striking out in subsections (a) and (d) of section 1652 “he” and “wife” and inserting in lieu thereof “such individual” and “spouse”, respectively ; (2) by striking out in section 1661 (a) “his” and “he” each time they appear and inserting in lieu thereof “the veteran’s” and “the veteran”, respectively ; (3) by striking out in subsections (a), (b), and (d) of section 38 USC 1662. 1662 “his” and “he” each time they appear and inserting in lieu thereof “the veteran’s” and “the veteran”, respectively ; (4) by striking out in section 1663 “he” each time it appears and inserting in lieu thereof “the Administrator” ; (5) by striking out in section 1670 “him” each time it appears and inserting in lieu thereof “the veteran”; (6) by striking out in section 1671 “he” the first time it appears and inserting in lieu thereof “the Administrator”, by striking out “he” the second time it appeal's and inserting in lieu thereof “the veteran or person”, and by striking out “his” each time it appears and inserting in lieu thereof “the veteran’s or person’s”; (7) by striking out in section 1673(a) “he” and “his” and inserting in lieu thereof “the Administrator” and “the veteran’s”, respectively; (8) by striking out in section 1674 “his” and “he” each time they appear and inserting in lieu thereof “the veteran’s” and “the Administrator”, respectively; (9) by striking out in section 1676 “his” and “he” and inserting 38 USC 1676. in ¿en thereof “the Administrator’s” and “the Administrator”, respectively; (10) by striking out in section 1681(a) “his” and inserting 38 USC 1681. in lieu thereof “the veteran’s”; (11) by striking out in section 1685(c) “he” and “his” each 38 USC 1685. time they appear and inserting in lieu thereof “the Administrator” and “the veteran’s”, respectively; (12) by striking out in section 1691(a) “his” and “he” each 38 USC 1691. time they appear and inserting in lieu thereof “the veteran’s” and “the veteran”, respectively; (13) by striking out in section 1696(a) “he” and inserting in 38 USC 1696. lieu thereof “the Administrator”; and (14) by striking out in subsections (a) and (b) of section 1698 38 USC 1698. (as redesignated by section 211(3) of this Act) “he” and “his” and inserting in lieu thereof “the Administrator” and “such person’s”, respectively.

10. 1976

    Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 § 211(1) · 90 Stat. 2383

    Substituted · 38 U.S.C. § 3452(d)(3)

    Pub. L. 94–502, § 211(1), substituted “spouse” for “wife”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 94–502, § 211(1), substituted “spouse” for “wife”.

    Enacted provision · exact public law section
    (1) by striking out in subsections (a) and (d) of section 1652 “he” and “wife” and inserting in lieu thereof “such individual” and “spouse”, respectively ;

11. 1976

    Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 § 210(1) · 90 Stat. 2383

    Struck · 38 U.S.C. § 3452(e)

    Pub. L. 94–502, § 210(1), struck out “United States Code,” after “chapter 4C of title 29,”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 94–502, § 210(1), struck out “United States Code,” after “chapter 4C of title 29,”.

    Enacted provision · exact public law section
    (1) by striking out in section 1652(e) “United States Code,”;

12. 1976

    Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 § 202 · 90 Stat. 2383

    Added · 38 U.S.C. § 3452(f); 38 U.S.C. § 3452(g)

    Pub. L. 94–502, § 202, added subsecs. (f) and (g)

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 94–502, § 202, added subsecs. (f) and (g).

    Enacted provision · exact public law section
    Sec. 202. Section 1652 of title 38, United States Code, is amended by adding at the end thereof the following new subsections: “(f) For the purposes of this chapter and chapter 36 of this title, “Institution of higher learning.” 38 USC. 1770 et seq. 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. “(g) For the purposes of this chapter and chapter 36 of this title, 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 Commissioner of Education under the provisions of section 1775 of this title.”.

13. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 801(a)(1) · 94 Stat. 2171

    Inserted · 38 U.S.C. § 3452

    Pub. L. 96–466, § 801(a)(1), inserted “and chapter 36 of this title” after “chapter” in introductory text

    Source evidence

    Code amendment note
    Pub. L. 96–466, § 801(a)(1), inserted “and chapter 36 of this title” after “chapter” in introductory text.

    Enacted provision · exact public law section
    (1) inserting “and chapter 36 of this title” after “chapter” the first place it appears;

14. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 801(a)(2) · 94 Stat. 2171

    Substituted · 38 U.S.C. § 3452(e)

    Pub. L. 96–466, § 801(a)(2), substituted “The” for “For the purposes of this chapter and chapter 36 of this title, the”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 96–466, § 801(a)(2), substituted “The” for “For the purposes of this chapter and chapter 36 of this title, the”.

    Enacted provision · exact public law section
    (2) striking out “For the purposes of this chapter and chapter 36 of this title, the” in subsections (e), (f), and (g) and inserting in lieu thereof “The”; and

15. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 title III § 307(a) · 94 Stat. 2171

    1. Substituted · 38 U.S.C. § 3452(f)

       Pub. L. 96–466, §§ 307(a), 801(a)(2), substituted “The” for “For the purposes of this chapter and chapter 36 of this title, the”

    2. Inserted · 38 U.S.C. § 3452(f)

       Pub. L. 96–466, §§ 307(a), 801(a)(2), 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

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 96–466, §§ 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.

    Enacted provision · exact public law section
    (a) Section 1652(f) is amended by adding at the end the 38 USC 1652. following new sentence: “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.”.

16. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 801(a)(2) · 94 Stat. 2171

    1. Substituted · 38 U.S.C. § 3452(g)

       Pub. L. 96–466, § 801(a)(2), (3), substituted “The” for “For the purposes of this chapter and chapter 36 of this title, the”

    2. Substituted · 38 U.S.C. § 3452(g)

       Pub. L. 96–466, § 801(a)(2), (3), substituted “Secretary of Education” for “Commissioner of Education”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 96–466, § 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”.

    Enacted provision · exact public law section
    (2) striking out “For the purposes of this chapter and chapter 36 of this title, the” in subsections (e), (f), and (g) and inserting in lieu thereof “The”; and

17. 1982

    Pub. L. 97–295 § 4(38) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 3452(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))”

    Source evidence

    Code amendment note
    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))”.

    Enacted provision · exact public law section
    (38) Section 1652(b) is amended by striking out “402(a) of the 38 USC 1652. Economic Opportunity Act of 1964 (42 U.S.C. 2902(a))” and substituting “section 7(i)(1) of the Small Business Act (15 U.S.C. 636(i)(1))”.

18. 1991

    Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 3452

    Pub. L. 102–83, § 5(a), renumbered section 1652 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1652 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

19. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3452(a)(3)

    Pub. L. 102–83, § 5(c)(1), substituted “3461(a)” for “1661(a)”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 102–83, § 5(c)(1), substituted “3461(a)” for “1661(a)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

20. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3452(g)

    Pub. L. 102–83, § 5(c)(1), substituted “3675” for “1775”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 102–83, § 5(c)(1), substituted “3675” for “1775”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

21. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title VI § 603(a) · 108 Stat. 4645

    Inserted · 38 U.S.C. § 3452(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).”

    Source evidence

    Code amendment note
    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).”

    Enacted provision · exact public law section
    (a) In General.— Section 3452(c) is amended by adding at 38 USC 3102 note. 38 USC 3452. the end the following: “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).”.

22. 1996

    Veterans’ Benefits Improvements Act of 1996

    Pub. L. 104–275 title I § 102 · 110 Stat. 3322

    Substituted · 38 U.S.C. § 3452(c)

    Pub. L. 104–275 substituted “Such” for “For the period ending on September 30, 1996, such”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–275 substituted “Such” for “For the period ending on September 30, 1996, such”.

    Enacted provision · exact public law section
    SEC. 102. REFERENCES TO TITLE 38, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code.

23. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title I § 122(a) · 114 Stat. 1822

    Inserted · 38 U.S.C. § 3452(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (a) In General.— Sections 3452(b) and 3501(a)(5) (as amended by section 114(a)) are each amended by adding at the end the following new sentence: “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 section3689 of this title.”.

24. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(4)(A)(i) · 115 Stat. 25

    Struck · 38 U.S.C. § 3452(a)(1)(A)

    Pub. L. 107–14, § 8(a)(4)(A)(i), struck out “or” at end

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 107–14, § 8(a)(4)(A)(i), struck out “or” at end.

    Enacted provision · exact public law section
    (i) by striking “or” at the end of subparagraph (A); and

25. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(4)(A)(ii) · 115 Stat. 25

    Substituted · 38 U.S.C. § 3452(a)(1)(C)

    Pub. L. 107–14, § 8(a)(4)(A)(ii), substituted “subparagraph (B)” for “clause (B) of this paragraph”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 107–14, § 8(a)(4)(A)(ii), substituted “subparagraph (B)” for “clause (B) of this paragraph”.

    Enacted provision · exact public law section
    (ii) by striking “clause (B) of this paragraph” in subparagraph (C) and inserting “subparagraph (B)”;

26. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(4)(B) · 115 Stat. 25

    1. Substituted · 38 U.S.C. § 3452(a)(2)

       Pub. L. 107–14, § 8(a)(4)(B), substituted “subparagraph (A) or (B) of paragraph (1)” for “paragraph (1)(A) or (B)”

    2. Substituted · 38 U.S.C. § 3452(a)(2)

       Pub. L. 107–14, § 8(a)(4)(B), substituted “180 days” for “one hundred and eighty days”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 107–14, § 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”.

    Enacted provision · exact public law section
    (B) in subsection (a)(2)— (i) by striking “paragraph (1)(A) or (B)” and inserting “subparagraph (A) or (B) of paragraph (1)”; and (ii) by striking “one hundred and eighty days” and inserting “180 days”;

27. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(4)(C) · 115 Stat. 25

    Substituted · 38 U.S.C. § 3452(a)(3)

    Pub. L. 107–14, § 8(a)(4)(C), substituted “section 12103(d) of title 10” for “section 511(d) of title 10”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 107–14, § 8(a)(4)(C), substituted “section 12103(d) of title 10” for “section 511(d) of title 10”.

    Enacted provision · exact public law section
    (C) in subsection (a)(3), by striking “section 511(d) of title 10” and inserting “section 12103(d) of title 10”; and

28. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(4)(D) · 115 Stat. 25

    Substituted · 38 U.S.C. § 3452(e)

    Pub. L. 107–14, § 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,”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 107–14, § 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,”.

    Enacted provision · exact public law section
    (D) in subsection (e), by striking “chapter 4C of title 29,” and inserting “the Act of August 16, 1937, popularly known as the 'National Apprenticeship Act’ (29 U.S.C. 50 et seq.),”.

29. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 title I § 110(a) · 115 Stat. 976

    Inserted · 38 U.S.C. § 3452(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).”

    Source evidence

    Code amendment note
    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).”

    Enacted provision · exact public law section
    (a) In General.— Sections 3452(c) and 3501(a)(6) are each amended by adding at the end the following new sentence: “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).”.

30. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 305(c) · 117 Stat. 2651

    Inserted · 38 U.S.C. § 3452(b)

    Pub. L. 108–183, § 305(c), inserted at end “Such term also includes any course, or combination of courses, offered by a qualified provider of entrepreneurship courses.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–183, § 305(c), inserted at end “Such term also includes any course, or combination of courses, offered by a qualified provider of entrepreneurship courses.”

    Enacted provision · exact public law section
    (c) Inclusion of Entrepreneurship Courses in Definition of Program of Education.— Subsection (b) of section 3452 is amended by adding at the end the following: “Such term also includes any course, or combination of courses, offered by a qualified provider of entrepreneurship courses.”.

31. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 305(d) · 117 Stat. 2651

    Inserted · 38 U.S.C. § 3452(c)

    Pub. L. 108–183, § 305(d), inserted at end “Such term also includes any qualified provider of entrepreneurship courses.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–183, § 305(d), inserted at end “Such term also includes any qualified provider of entrepreneurship courses.”

    Enacted provision · exact public law section
    (d) Inclusion of Qualified Provider of Entrepreneurship Courses in Definition of Educational Institution.— Subsection (c) of section 3452 is amended by adding at the end the following: “Such term also includes any qualified provider of entrepreneurship courses.”.

32. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 301(a) · 117 Stat. 2651

    Substituted · 38 U.S.C. § 3452(e)

    Pub. L. 108–183, § 301(a), substituted “means any of the following:” and pars. (1) to (6) for “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.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 108–183, § 301(a), substituted “means any of the following:” and pars. (1) to (6) for “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.”

    Enacted provision · exact public law section
    (a) Definition of Training Establishment.— Section 3452(e) is amended by striking “means any” and all that follows and inserting “means any of the following: “(1) An establishment providing apprentice or other on-job training, including those under the supervision of a college or university or any State department of education. “(2) An establishment providing self-employment on-job training consisting of full-time training for a period of less than six months that is needed or accepted for purposes of obtaining licensure to engage in a self-employment occupation or required for ownership and operation of a franchise that is the objective of the training. “(3) A State board of vocational education. “(4) A Federal or State apprenticeship registration agency. “(5) A joint apprenticeship committee established pursuant to the Act of August 16, 1937, popularly known as the ‘National Apprenticeship Act’ (29 U.S.C. 50 et seq.). “(6) An agency of the Federal Government authorized to supervise such training.” .

33. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 305(e) · 117 Stat. 2651

    Added · 38 U.S.C. § 3452(h)

    Pub. L. 108–183, § 305(e), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 108–183, § 305(e), added subsec. (h).

    Enacted provision · exact public law section
    (e) Definition of Qualified Provider of Entrepreneurship Courses.— Section 3452 is further amended by adding at the end the following new subsection: “(h) The term ‘qualified provider of entrepreneurship courses’ means any of the following entities insofar as such entity offers, sponsors, or cosponsors an entrepreneurship course (as defined in section 3675(c)(2) of this title): “(1) Any small business development center described in section 21 of the Small Business Act (15 U.S.C. 648). “(2) The National Veterans Business Development Corporation (established under section 33 of the Small Business Act (15 U.S.C. 657c)).” .

34. 2004

    Veterans Earn and Learn Act of 2004

    Pub. L. 108–454 § 106(a) · 118 Stat. 3598

    Inserted · 38 U.S.C. § 3452(b)

    Pub. L. 108–454, § 106(a), inserted at end “Such term also includes national tests for admission to institutions of higher learning or graduate schools (such as the Scholastic Aptitude Test (SAT), Law School Admission Test (LSAT), Graduate Record Exam (GRE), and Graduate Management Admission Test (GMAT)) and national tests providing an opportunity for course credit at institutions of higher learning (such as the Advanced Placement (AP) exam and College-Level Examination Program (CLEP)).”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–454, § 106(a), inserted at end “Such term also includes national tests for admission to institutions of higher learning or graduate schools (such as the Scholastic Aptitude Test (SAT), Law School Admission Test (LSAT), Graduate Record Exam (GRE), and Graduate Management Admission Test (GMAT)) and national tests providing an opportunity for course credit at institutions of higher learning (such as the Advanced Placement (AP) exam and College-Level Examination Program (CLEP)).”

    Enacted provision · exact public law section
    (a) Covered Exams.— Sections 3452(b) and 3501(a)(5) are each amended by adding at the end the following new sentence: “Such term also includes national tests for admission to institutions of higher learning or graduate schools (such as the Scholastic Aptitude Test (SAT), Law School Admission Test (LSAT), Graduate Record Exam (GRE), and Graduate Management Admission Test (GMAT)) and national tests providing an opportunity for course credit at institutions of higher learning (such as the Advanced Placement (AP) exam and College-Level Examination Program (CLEP)).”.

35. 2004

    Veterans Earn and Learn Act of 2004

    Pub. L. 108–454 § 110(a) · 118 Stat. 3598

    Amended · 38 U.S.C. § 3452(e)(5)

    Pub. L. 108–454, § 110(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “A joint apprenticeship committee established pursuant to the Act of August 16, 1937, popularly known as the ‘National Apprenticeship Act’ (29 U.S.C. 50 et seq.).”

    Source evidence

    Code amendment note
    Subsec. (e)(5). Pub. L. 108–454, § 110(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “A joint apprenticeship committee established pursuant to the Act of August 16, 1937, popularly known as the ‘National Apprenticeship Act’ (29 U.S.C. 50 et seq.).”

    Enacted provision · exact public law section
    (a) Definition of Training Establishment.— Section 3452(e), as amended by section 301 of the Veterans Benefits Act of 2003 (Public Law 108–183; 117 Stat. 2658), is amended in paragraph (5) to read as follows: “(5) The sponsor of a program of apprenticeship.” .

36. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title V § 515(e)(4) · 119 Stat. 3136

    Substituted · 38 U.S.C. § 3452(a)(3)(C)

    Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(C). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

    Enacted provision · exact public law section
    (4) Section 3452(a)(3)(C).

37. 2013

    National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 div. A title XVI § 1699(c)(2) · 126 Stat. 1632

    Substituted · 38 U.S.C. § 3452(h)

    Pub. L. 112–239 substituted “any small business development center described in section 21 of the Small Business Act (15 U.S.C. 648), insofar as such center offers, sponsors, or cosponsors an entrepreneurship course, as that term is defined in section 3675(c)(2).” for “any of the following entities insofar as such entity offers, sponsors, or cosponsors an entrepreneurship course (as defined in section 3675(c)(2) of this title):

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 112–239 substituted “any small business development center described in section 21 of the Small Business Act (15 U.S.C. 648), insofar as such center offers, sponsors, or cosponsors an entrepreneurship course, as that term is defined in section 3675(c)(2).” for “any of the following entities insofar as such entity offers, sponsors, or cosponsors an entrepreneurship course (as defined in section 3675(c)(2) of this title):

    “(1) Any small business development center described in section 21 of the Small Business Act (15 U.S.C. 648). “(2) The National Veterans Business Development Corporation (established under section 33 of the Small Business Act (15 U.S.C. 657c)).”

    Enacted provision · exact public law section
    (2) Title 38.— Section 3452(h) of title 38, United States Code, is amended by striking “any of the” and all that follows and inserting “any small business development center described in section 21 of the Small Business Act (15 U.S.C. 648), insofar as such center offers, sponsors, or cosponsors an entrepreneurship course, as that term is defined in section 3675(c)(2).”.

38. 2017

    Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 title I § 108(c) · 131 Stat. 973

    1. Substituted · 38 U.S.C. § 3452(b)

       Pub. L. 115–48 substituted “, national tests providing” for “and national tests providing”

    2. Inserted · 38 U.S.C. § 3452(b)

       Pub. L. 115–48 inserted before period at end “, and national tests that evaluate prior learning and knowledge and provides an opportunity for course credit at an institution of higher learning”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–48 substituted “, national tests providing” for “and national tests providing” and inserted before period at end “, and national tests that evaluate prior learning and knowledge and provides an opportunity for course credit at an institution of higher learning”.

    Enacted provision · exact public law section
    (c) Tests Included.— Section 3452(b) is amended in the last sentence— (1) by striking “and national tests providing” and inserting “, national tests providing”; and (2) by inserting before the period at the end the following: “, and national tests that evaluate prior learning and knowledge and provides an opportunity for course credit at an institution of higher learning”.

    Effective date note
    Amendment by Pub. L. 115–48 applicable to a test taken on or after Aug. 1, 2018, see section 108(d) of Pub. L. 115–48, set out as a note under section 3315 of this title.

41 of 43 references resolved to an enrolled provision · 2 partial