§ 3462. Time limitations for completing a program of education

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. § 3462

   Added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 14, § 1662

   Source evidence

   Code source credit
   Added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 14, § 1662

   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 § 305 · 81 Stat. 178

   Inserted · 38 U.S.C. § 3462(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 305. delimiting period Subsection (c) of section 1662 of title 38, United States Code is amended by adding at the end thereof the following new sentence: “In the case of any eligible veteran who was discharged or released from active duty before the date of enactment of this sentence and who pursues a course of farm cooperative training, apprentice-ship or other training on the job, or flight training within the Ante, p. 185. provisions of section 1677 of this chapter, the eight-year delimiting period shall run from the date of enactment of this sentence, if it is later than the date which would otherwise be applicable.”

3. 1974

   Pub. L. 93–337 § 1(1) · 88 Stat. 292

   Substituted · 38 U.S.C. § 3462(a)

   Pub. L. 93–337, § 1(1), substituted “10” for “eight”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–337, § 1(1), substituted “10” for “eight”.

   Enacted provision · exact public law section
   (1) by deleting “eight” in subsection (a) and inserting in lieu thereof “10”;

4. 1974

   Pub. L. 93–337 § 1(2) · 88 Stat. 292

   Substituted · 38 U.S.C. § 3462(b)

   Pub. L. 93–337, § 1(2), substituted “10-year” for “8-year”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–337, § 1(2), substituted “10-year” for “8-year”.

   Enacted provision · exact public law section
   (1) by deleting “eight” in subsection (a) and inserting in lieu thereof “10”;

5. 1974

   Pub. L. 93–337 § 1(3) · 88 Stat. 292

   Substituted · 38 U.S.C. § 3462(c)

   Pub. L. 93–337, § 1(3), substituted “10-year” for “8-year” and “eight year,” respectively

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 93–337, § 1(3), substituted “10-year” for “8-year” and “eight year,” respectively.

   Enacted provision · exact public law section
   (1) by deleting “eight” in subsection (a) and inserting in lieu thereof “10”;

6. 1974

   Pub. L. 93–337 § 1(4) · 88 Stat. 292

   Added · 38 U.S.C. § 3462(d)

   Pub. L. 93–337, § 1(4), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 93–337, § 1(4), added subsec. (d).

   Enacted provision · exact public law section
   (1) by deleting “eight” in subsection (a) and inserting in lieu thereof “10”;

7. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 § 211(3) · 90 Stat. 2383

   Substituted · 38 U.S.C. § 3462(a)

   Pub. L. 94–502, § 211(3), substituted “the veteran’s” for “his”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–502, § 211(3), substituted “the veteran’s” for “his”.

   Enacted provision · exact public law section
   (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 ;

8. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 § 211(3) · 90 Stat. 2383

   1. Substituted · 38 U.S.C. § 3462(b); 38 U.S.C. § 3462(d)

      Pub. L. 94–502, § 211(3), substituted “the veteran’s” for “his” wherever appearing

   2. Substituted · 38 U.S.C. § 3462(b); 38 U.S.C. § 3462(d)

      Pub. L. 94–502, § 211(3), substituted “the veteran” for “he” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (b), (d). Pub. L. 94–502, § 211(3), substituted “the veteran’s” for “his” and “the veteran” for “he”, wherever appearing.

   Enacted provision · exact public law section
   (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 ;

9. 1976

   Post-Vietnam Era Veterans’ Educational Assistance Act of 1977

   Pub. L. 94–502 § 403(b) · 90 Stat. 2383

   Added · 38 U.S.C. § 3462(e)

   Pub. L. 94–502, § 403(b), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 94–502, § 403(b), added subsec. (e).

   Enacted provision · exact public law section
   (b) Section 1662 of title 38, United States Code, is amended by inserting at the end thereof the following new subsection: “(e) No educational assistance shall be afforded any eligible veteran under this chapter or chapter 36 of this title after December 31, 38 USC 1770el seq. 1989.”.

10. 1977

    GI Bill Improvement Act of 1977

    Pub. L. 95–202 title II § 203(a)(1) · 91 Stat. 1433

    1. Amended · 38 U.S.C. § 3462(a)

       Pub. L. 95–202 designated existing provisions as par. (1)

    2. Added · 38 U.S.C. § 3462(a)

       Pub. L. 95–202 added par. (2)

    3. Redesignated · 38 U.S.C. § 3462(a)

       Pub. L. 95–202 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) Section 1662 of title 38, United States Code, Eligibles with physical or mental disability. is amended by striking out the period at the end of subsection (a) and inserting in lieu thereof a semicolon and “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.”.

11. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 title III § 301 · 94 Stat. 2171

    1. Inserted · 38 U.S.C. § 3462(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”

    2. Inserted · 38 U.S.C. § 3462(a)(1)

       Pub. L. 96–466 inserted “so” after “that such veteran was”;

    3. Inserted · 38 U.S.C. § 3462(a)(1)

       Pub. L. 96–466 inserted provision relating to the running of the delimiting period when an extension of the applicable delimiting period is granted a veteran

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 301. period within which application for extension of delimiting period must be filed and measurement of extension Section 1662(a)(1) is amended by— 38 USC 1662. (1) inserting “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 Ante, p. 2171. “application”; (2) inserting “so” after “that such veteran was” in such paragraph; and (3) adding at the end the following new sentence: “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 Administrator shall prescribe, for such veteran to initiate or resume pursuit of a program of education with educational assistance under this chapter.”.

12. 1981

    Pub. L. 97–35 title XX § 2003(b)(1) · 95 Stat. 357

    Struck · 38 U.S.C. § 3462(c)

    Pub. L. 97–35 struck out provisions relating to applicability to flight training

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–35 struck out provisions relating to applicability to flight training.

    Enacted provision · exact public law section
    (1) Section 1662(c) of such title is amended by striking out “or flight training within the provisions of section 1677 of this chapter,”.

13. 1981

    Veterans’ Health Care, Training, and Small Business Loan Act of 1981

    Pub. L. 97–72 title II § 201(a) · 95 Stat. 1047

    Added · 38 U.S.C. § 3462(a)(3)

    Pub. L. 97–72 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 97–72 added par. (3).

    Enacted provision · exact public law section
    (a) Section 1662(a) is amended by adding at the end the following new paragraph: “(3) (A) Subject to subparagraph (C) of this paragraph and notwithstanding the provisions of paragraph (1) of this subsection, an eligible veteran who served on active duty during the Vietnam era shall be permitted to use any of such veteran’s unused entitlement under section 1661 of this title for the purpose of pursuing— “(i) a program of apprenticeship or other on job training; “(ii) a course with an approved vocational objective; or “(iii) a program of secondary education, if the veteran does not have a secondary school diploma (or an equivalency certificate). “(B) Upon completion of a program or course pursued by virtue of eligibility provided by this paragraph, the Administrator shall provide the veteran with such employment counseling as may be necessary to assist the veteran in obtaining employment consistent with the veteran’s abilities, aptitudes, and interests. “(C) (i) Educational assistance may be provided a veteran for pursuit of a program or course described in clause (i) or (ii) of subparagraph (A) of this paragraph using eligibility provided by this paragraph 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. Any such determination shall be made in accordance with regulations which the Administrator shall prescribe. “(ii) Educational assistance provided a veteran for pursuit of a program described in clause (iii) of subparagraph (A) of this paragraph using eligibility provided by this paragraph shall be provided at the rate determined under section 1691(b)(2) of this title. “(D) Educational assistance may not be provided by virtue of this paragraph after December 31, 1983.”.

14. 1982

    Pub. L. 97–295 § 4(39)(A) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 3462(a)(2)(B)

    Pub. L. 97–295, § 4(39)(A), substituted “November 23, 1977,” for “the date of enactment of this paragraph”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 97–295, § 4(39)(A), substituted “November 23, 1977,” for “the date of enactment of this paragraph”.

    Enacted provision · exact public law section
    (A) in subsection (a)(2)(B), by striking out “the date of enactment of this paragraph” and substituting “November 23, 1977,”; and

15. 1982

    Pub. L. 97–295 § 4(39)(B) · 96 Stat. 1287

    1. Substituted · 38 U.S.C. § 3462(c)

       Pub. L. 97–295, § 4(39)(B), substituted “June 1, 1966” for “the date for which an educational assistance allowance is first payable under this chapter” after “shall run from”

    2. Substituted · 38 U.S.C. § 3462(c)

       Pub. L. 97–295, § 4(39)(B), substituted “August 31, 1967,” for “the date of enactment of this sentence” after “shall run from”

    3. Substituted · 38 U.S.C. § 3462(c)

       Pub. L. 97–295, § 4(39)(B), substituted “August 31, 1967” for “the date of enactment of this sentence” after “shall run from”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–295, § 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”.

    Enacted provision · exact public law section
    (B) in subsection (c)— (i) by striking out “the date for which an educational assistance allowance is first payable under this chapter” and substituting “June 1, 1966”; and (ii) by striking out “the date of enactment of this sentence” wherever it appears and substituting “August 31, 1967,” and “August 31, 1967”, respectively.

16. 1982

    Veterans’ Compensation, Education, and Employment Amendments of 1982

    Pub. L. 97–306 § 206(a)(1) · 96 Stat. 1429

    1. Substituted · 38 U.S.C. § 3462(a)(3)(C)(i)

       Pub. L. 97–306, § 206(a)(1), substituted “shall” for “may” after “Educational assistance”

    2. Substituted · 38 U.S.C. § 3462(a)(3)(C)(i)

       Pub. L. 97–306, § 206(a)(1), 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”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(C)(i). Pub. L. 97–306, § 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”.

    Enacted provision · exact public law section
    (1) in the first sentence of subparagraph (C)(i)— (A) by striking out “may” and inserting in lieu thereof “shall”; and (B) by striking out “only if” and all that follows in such sentence and inserting in lieu thereof “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.”; and

17. 1982

    Veterans’ Compensation, Education, and Employment Amendments of 1982

    Pub. L. 97–306 § 206(a)(2) · 96 Stat. 1429

    Substituted · 38 U.S.C. § 3462(a)(3)(D)

    Pub. L. 97–306, § 206(a)(2), substituted “December 31, 1984” for “December 31, 1983”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(D). Pub. L. 97–306, § 206(a)(2), substituted “December 31, 1984” for “December 31, 1983”.

    Enacted provision · exact public law section
    (2) by striking out “December 31, 1983” in subparagraph (D) and inserting in lieu thereof “December 31, 1984”.

18. 1983

    Veterans’ Health Care Amendments of 1983

    Pub. L. 98–160 title VII § 702(10) · 97 Stat. 993

    Substituted · 38 U.S.C. § 3462(a)(1)(C)

    Pub. L. 98–160 substituted “October 1, 1980” for “the effective date of the Veterans’ Rehabilitation and Education Amendments of 1980”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (10) Section 1662(a)(1)(C) is amended by striking out “the effective date of the Veterans’ Rehabilitation and Education Amendments of 1980” and inserting in lieu thereof “October 1, 1980”.

19. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 423(b)(1)(A) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3462(a)(1)

    Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and

20. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 420(a)(3)(B) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3462(a)(1)

    Pub. L. 101–237, § 420(a)(3)(B), substituted “Subject to paragraph (4) of this subsection, no” for “No”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–237, § 420(a)(3)(B), substituted “Subject to paragraph (4) of this subsection, no” for “No”.

    Enacted provision · exact public law section
    (B) in paragraph (1), by striking out “No” and inserting in lieu thereof “Subject to paragraph (4) of this subsection, no”.

21. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 423(b)(1)(A) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3462(a)(3)(B); 38 U.S.C. § 3462(a)(C)(i)

    Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B), (C)(i). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and

22. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 420(a)(3)(A) · 103 Stat. 2062

    Added · 38 U.S.C. § 3462(a)(4)

    Pub. L. 101–237, § 420(a)(3)(A), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 101–237, § 420(a)(3)(A), added par. (4).

    Enacted provision · exact public law section
    (A) by adding at the end the following new paragraph: “(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 141 1(a)(1)(A)(ii)(III) of this title.”; and

23. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 423(b)(1)(A) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3462(b)

    Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and

24. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 423(b)(1)(B) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3462(d)

    Pub. L. 101–237, § 423(b)(1)(B), substituted “Department of Veterans Affairs” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–237, § 423(b)(1)(B), substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (B) by striking out “Veterans’ Administration” each place it appears and inserting in lieu thereof “Department of Veterans Affairs”.

25. 1991

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

    Changed · 38 U.S.C. § 3462

    Pub. L. 102–83, § 5(a), renumbered section 1662 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1662 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.

26. 1991

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

    Substituted · 38 U.S.C. § 3462(a)(2)(A); 38 U.S.C. § 3462(a)(3)(A)

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

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A), (3)(A). Pub. L. 102–83, § 5(c)(1), substituted “3461” for “1661”.

    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.

27. 1991

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

    Substituted · 38 U.S.C. § 3462(a)(3)(C)(ii)

    Pub. L. 102–83, § 5(c)(1), substituted “3491(b)(2)” for “1691(b)(2)”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(C)(ii). Pub. L. 102–83, § 5(c)(1), substituted “3491(b)(2)” for “1691(b)(2)”.

    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.

28. 1991

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

    Substituted · 38 U.S.C. § 3462(a)(4)

    Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)(A)(ii)(III)” for “1411(a)(1)(A)(ii)(III)”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)(A)(ii)(III)” for “1411(a)(1)(A)(ii)(III)”.

    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.

29. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(5) · 115 Stat. 25

    Struck · 38 U.S.C. § 3462(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (5) Section 3462(a) is amended by striking paragraph (3).

30. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 title III § 306(d) · 117 Stat. 2651

    Struck · 38 U.S.C. § 3462(a)(2)

    Pub. L. 108–183 struck out par. (2) which related to loans under subchapter III of chapter 36 of this title

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 108–183 struck out par. (2) which related to loans under subchapter III of chapter 36 of this title.

    Enacted provision · exact public law section
    (d) Use of Entitlement to Veterans Educational Assistance for Education Loan Program.— Section 3462(a) is amended by striking paragraph (2).

    Effective date note
    Pub. L. 108–183, title III, § 306(h)(1), Dec. 16, 2003, 117 Stat. 2661, provided that: “The amendments made by subsection (d) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 16, 2003].”

31. 2006

    Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 § 503(8)(A) · 120 Stat. 397

    Changed · 38 U.S.C. § 3462(a)(c)

    Pub. L. 109–233, § 503(8)(A), revised style of headings

    Source evidence

    Code amendment note
    Subsecs. (a) to (c). Pub. L. 109–233, § 503(8)(A), revised style of headings.

    Enacted provision · exact public law section
    (A) Sections 3461, 3462, 3481, 3565, 3680, and 3690 are each amended by revising each subsection heading for a subsection therein (appearing as a centered heading immediately before the text of the subsection) so that such heading appears immediately after the subsection designation and is set forth in capitals-and-small-capitals typeface, followed by a period and a one-em dash.

32. 2006

    Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 § 503(8)(C) · 120 Stat. 397

    Inserted · 38 U.S.C. § 3462(d); 38 U.S.C. § 3462(e)

    Pub. L. 109–233, § 503(8)(C), inserted headings

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 109–233, § 503(8)(C), inserted headings.

    Enacted provision · exact public law section
    (C) Section 3462 is amended— (i) in subsection (d), by inserting after the subsection designation the following: “Prisoners of War.—”; and (ii) in subsection (e), by inserting after the subsection designation the following: “Termination of Assistance.—”.

40 of 40 references resolved to an enrolled provision