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Title 38 — Veterans’ Benefits

Part III · Chapter 34 — Veterans’ Educational Assistance

§ 3474. Discontinuance for unsatisfactory conduct or progress

Statutory text

The Secretary shall discontinue the educational assistance allowance of an eligible veteran if, at any time, the Secretary finds that according to the regularly prescribed standards and practices of the educational institution, the veteran’s attendance, conduct, or progress is unsatisfactory. The Secretary may renew the payment of the educational assistance allowance only if the Secretary finds that—

(1)

the veteran will be resuming enrollment at the same educational institution in the same program of education and the educational institution has both approved such veteran’s reenrollment and certified it to the Department of Veterans Affairs; or

(2)

in the case of a proposed change of either educational institution or program of education by the veteran—

(A)

the cause of the unsatisfactory attendance, conduct, or progress has been removed;

(B)

the program proposed to be pursued is suitable to the veteran’s aptitudes, interests, and abilities; and

(C)

if a proposed change of program is involved, the change meets the requirements for approval under section 3691 of this title.

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. Veterans

    Pub. L. 89–358 § 2 · 80 Stat. 12

    Enacted · 38 U.S.C. § 3474

    Added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 16, § 1674

    Source evidence

    Code source credit
    Added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 16, § 1674

    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. Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 § 211(8) · 90 Stat. 2383

    Inserted · 38 U.S.C. § 3474

    Pub. L. 94–502, § 211(8), inserted provision specifying progress as unsatisfactory when the veteran will not be able to graduate within the approved length of the course

    Source evidence

    Code amendment note
    Pub. L. 94–502, § 211(8), inserted provision specifying progress as unsatisfactory when the veteran will not be able to graduate within the approved length of the course.

    Enacted provision · exact public law section
    (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;

  3. Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 § 206 · 90 Stat. 2383

    1. Substituted · 38 U.S.C. § 3474

      Pub. L. 94–502, § 206, substituted “the veteran’s” for “his”

    2. Substituted · 38 U.S.C. § 3474

      Pub. L. 94–502, § 206, substituted “if the Administrator finds” for “if he finds”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 94–502, § 206, substituted “the veteran’s” for “his” in two places and “if the Administrator finds” for “if he finds”.

    Enacted provision · exact public law section
    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.”,

  4. GI Bill Improvement Act of 1977

    Pub. L. 95–202 title III § 305(b)(1) · 91 Stat. 1433

    Inserted · 38 U.S.C. § 3474

    Pub. L. 95–202 inserted provisions authorizing the Administrator to determine the veteran’s progress to be satisfactory even though the veteran will graduate within a length of time exceeding the approved length if the additional length of time is reasonable in accordance with regulations

    Source evidence

    Code amendment note
    Pub. L. 95–202 inserted provisions authorizing the Administrator to determine the veteran’s progress to be satisfactory even though the veteran will graduate within a length of time exceeding the approved length if the additional length of time is reasonable in accordance with regulations.

    Enacted provision · exact public law section
    (1) Sections 1674 and 1724 of title 38, United States Code, are amended by inserting a comma and “or within such other length of time (exceeding such approved length) as the Administrator determines to be reasonable in accordance with regulations” before the period at the end of the second sentence in each section.

  5. Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 title III § 306 · 94 Stat. 2171

    Struck · 38 U.S.C. § 3474

    Pub. L. 96–466 struck out provisions relating to the conditions upon which a veteran’s progress would be considered unsatisfactory

    Source evidence

    Code amendment note
    Pub. L. 96–466 struck out provisions relating to the conditions upon which a veteran’s progress would be considered unsatisfactory.

    Enacted provision · exact public law section
    Sec. 306. standards for determining satisfactory progress Section 1674 is amended by striking out the second 38 USC 1674. sentence.

    Effective date note
    Amendment by Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(c) of Pub. L. 96–466, set out as a note under section 3452 of this title.

  6. Veterans Education and Employment Amendments of 1989

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

    Substituted · 38 U.S.C. § 3474

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

    Source evidence

    Code amendment note
    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

  7. Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 412(b) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3474

    Pub. L. 101–237, § 412(b), substituted “attendance, conduct,” for “conduct”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–237, § 412(b), substituted “attendance, conduct,” for “conduct”.

    Enacted provision · exact public law section
    (b) Conforming Amendments.— Section 1674 and section 1724 are each amended by striking out “conduct” in the first sentence and inserting in lieu thereof “attendance, conduct,”.

  8. Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 411(a) · 103 Stat. 2062

    1. Added · 38 U.S.C. § 3474(1); 38 U.S.C. § 3474(2)

      Pub. L. 101–237, § 411(a), added pars. (1) and (2)

    2. Struck · 38 U.S.C. § 3474(1); 38 U.S.C. § 3474(2)

      Pub. L. 101–237, § 411(a), struck out former pars. (1) and (2) which read as follows:

    Source evidence

    Code amendment note
    Pars. (1), (2). Pub. L. 101–237, § 411(a), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

    “(1) the cause of the unsatisfactory conduct or progress of the eligible veteran has been removed; and “(2) the program which the eligible veteran now proposes to pursue (whether the same or revised) is suitable to the veteran’s aptitudes, interests, and abilities.”

    Enacted provision · exact public law section
    (a) Veterans’ Educational Assistance.— Section 1674 is amended by striking out clauses (1) and (2) and inserting in lieu thereof the following: “(1) the veteran will be resuming enrollment at the same educational institution in the same program of education and the educational institution has both approved such veteran’s reenrollment and certified it to the Department of Veterans Affairs; or “(2) in the case of a proposed change of either educational institution or program of education by the veteran— “(A) the cause of the unsatisfactory attendance, conduct, or progress has been removed; “(B) the program proposed to be pursued is suitable to the veteran’s aptitudes, interests, and abilities; and “(C) if a proposed change of program is involved, the change meets the requirements for approval under section 1791 of this title.”.

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

    Changed · 38 U.S.C. § 3474

    Pub. L. 102–83, § 5(a), renumbered section 1674 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1674 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.

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

    Substituted · 38 U.S.C. § 3474(2)(C)

    Pub. L. 102–83, § 5(c)(1), substituted “3691” for “1791”

    Source evidence

    Code amendment note
    Par. (2)(C). Pub. L. 102–83, § 5(c)(1), substituted “3691” for “1791”.

    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.

12 of 12 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

Provisions similar to those comprising the first sentence of this section were contained in Pub. L. 85–857, , 72 Stat. 1178, which was classified to former section 1624 of this title, prior to repeal by section 4(a) of Pub. L. 89–358.

Amendments1976–1991 · 5 rounds

1991

Pub. L. 102–83, § 5(a), renumbered section 1674 of this title as this section.

Par. (2)(C). Pub. L. 102–83, § 5(c)(1), substituted “3691” for “1791”.

1989

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

Pub. L. 101–237, § 412(b), substituted “attendance, conduct,” for “conduct”.

Pars. (1), (2). Pub. L. 101–237, § 411(a), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

“(1) the cause of the unsatisfactory conduct or progress of the eligible veteran has been removed; and

“(2) the program which the eligible veteran now proposes to pursue (whether the same or revised) is suitable to the veteran’s aptitudes, interests, and abilities.”

1980

Pub. L. 96–466 struck out provisions relating to the conditions upon which a veteran’s progress would be considered unsatisfactory.

1977

Pub. L. 95–202 inserted provisions authorizing the Administrator to determine the veteran’s progress to be satisfactory even though the veteran will graduate within a length of time exceeding the approved length if the additional length of time is reasonable in accordance with regulations.

1976

Pub. L. 94–502, § 211(8), inserted provision specifying progress as unsatisfactory when the veteran will not be able to graduate within the approved length of the course.

Pub. L. 94–502, § 206, substituted “the veteran’s” for “his” in two places and “if the Administrator finds” for “if he finds”.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–466 effective , except as otherwise specifically provided, see section 802(c) of Pub. L. 96–466, set out as a note under section 3452 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–202 effective first day of first month beginning 60 days after , see section 501 of Pub. L. 95–202, set out as a note under section 101 of this title.

Effective Date of 1976 Amendment

Amendment by sections 206 and 211(8) of Pub. L. 94–502 effective , and , respectively, see section 703(b), (c) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Study of Methods To Improve Process Under Which Postsecondary Educational Institutions and Courses Are Approved; Report by September 30, 1979; Suspension of Implementation of 1976 Amendment

Section 305(b)(2)–(4) of Pub. L. 95–202, as amended by Pub. L. 96–466, title VIII, § 801(m)(2), , 94 Stat. 2217, directed Administrator of Veterans’ Affairs to study specific methods for improving process by which postsecondary educational institutions and courses at such institutions are approved for purposes of chapters 32, 34, 35, and 36 of this title, and need for legislative and administrative action regarding discontinuing educational assistance allowances to eligible veterans whose conduct or progress is unsatisfactory, required submission of a report on the study to President and Congress not later than , and directed Administrator to suspend implementation of certain amendments by Pub. L. 94–502 until submission of report.

Credits

1966–1991 · 6 acts
  1. 1966Added Pub. L. 89–358, § 2, , 80 Stat. 16, § 1674
  2. 1976amended Pub. L. 94–502, title II, §§ 206, 211(8), , 90 Stat. 2387, 2388
  3. 1977Pub. L. 95–202, title III, § 305(b)(1), , 91 Stat. 1443
  4. 1980Pub. L. 96–466, title III, § 306, , 94 Stat. 2193
  5. 1989Pub. L. 101–237, title IV, §§ 411(a), 412(b), 423(b)(1)(A), , 103 Stat. 2084, 2085, 2092
  6. 1991renumbered § 3474 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406.
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(Added Pub. L. 89–358, § 2, , 80 Stat. 16, § 1674; amended Pub. L. 94–502, title II, §§ 206, 211(8), , 90 Stat. 2387, 2388; Pub. L. 95–202, title III, § 305(b)(1), , 91 Stat. 1443; Pub. L. 96–466, title III, § 306, , 94 Stat. 2193; Pub. L. 101–237, title IV, §§ 411(a), 412(b), 423(b)(1)(A), , 103 Stat. 2084, 2085, 2092; renumbered § 3474 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406.)

Parsed from the official OLRC USLM XML in data/usc_all/usc38.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t38/s3474