Title 38 — Veterans’ Benefits
Part III · Chapter 35 — Survivors’ and Dependents’ Educational Assistance
§ 3501. Definitions
Statutory text
For the purposes of this chapter and chapter 36 of this title—
The term “eligible person” means any of the following:
A child of a person who, as a result of qualifying service—
died of a service-connected disability; or
has a total disability permanent in nature resulting from a service-connected disability, or who died while a disability so evaluated was in existence.
The surviving spouse of any person who died of a service-connected disability sustained during a period of qualifying service.
The spouse or child of any member of the Armed Forces serving on active duty who, at the time of application for benefits under this chapter is listed, pursuant to section 556 of title 37 and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power.
The spouse of any person who has a total disability permanent in nature resulting from a service-connected disability sustained during a period of qualifying service, or (ii) the surviving spouse of a veteran who died while a disability so evaluated was in existence.
The spouse or child of a person who—
at the time of the Secretary’s determination under clause (ii), is a member of the Armed Forces who is hospitalized or receiving outpatient medical care, services, or treatment;
the Secretary determines has a total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, air, or space service; and
is likely to be discharged or released from such service for such disability.
The term “child” includes individuals who are married and individuals who are above the age of twenty-three years.
The term “duty with the Armed Forces” as used in section 3512 of this title means (A) active duty, (B) active duty for training for a period of six or more consecutive months, or (C) active duty for training required by section 12103(d) of title 10.
The term “guardian” includes a fiduciary legally appointed by a court of competent jurisdiction, or any other person who has been appointed by the Secretary under section 5502 of this title to receive payment of benefits for the use and benefit of the eligible person.
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 the requirements for the attainment of a predetermined and identified educational, professional, or vocational objective. Such term also includes any preparatory course described in section 3002(3)(B) of this title. 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. 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)).
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. 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).
The term “special restorative training” means training furnished under subchapter V of this chapter.
The term “total disability permanent in nature” means any disability rated total for the purposes of disability compensation which is based upon an impairment reasonably certain to continue throughout the life of the disabled person.
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 the Act of , 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.
The term “institution of higher learning” means a college, university, or similar institution, including a technical or business school, offering postsecondary level academic instruction that leads to an associate or higher degree if the school is empowered by the appropriate State education authority under State law to grant an associate or higher degree. When there is no State law to authorize the granting of a degree, the school may be recognized as an institution of higher learning if it is accredited for degree programs by a recognized accrediting agency. Such term shall also include a hospital offering educational programs at the postsecondary level without regard to whether the hospital grants a postsecondary degree. Such term shall also include an educational institution which is not located in a State, which offers a course leading to a standard college degree, or the equivalent, and which is recognized by the secretary of education (or comparable official) of the country or other jurisdiction in which the institution is located.
The term “standard college degree” means an associate or higher degree awarded by (A) an institution of higher learning that is accredited as a collegiate institution by a recognized regional or national accrediting agency; or (B) an institution of higher learning that is a “candidate” for accreditation as that term is used by the regional or national accrediting agencies; or (C) an institution of higher learning upon completion of a course which is accredited by an agency recognized to accredit specialized degree-level programs. For the purpose of this section, the accrediting agency must be one recognized by the Secretary of Education under the provisions of section 3675 of this title.
The term “qualifying service” means service in the active military, naval, air, or space service after the beginning of the Spanish-American War that did not terminate under dishonorable conditions.
If an eligible person has attained the person’s majority and is under no known legal disability, all references in this chapter to “parent or guardian” shall refer to the eligible person.
Any provision of this chapter which requires any action to be taken by or with respect to the parent or guardian of an eligible person who has not attained such person’s majority, or who, having attained such person’s majority, is under a legal disability, shall not apply when the Secretary determines that its application would not be in the best interest of the eligible person, would result in undue delay, or would not be administratively feasible. In such a case the Secretary, where necessary to protect the interest of the eligible person, may designate some other person (who may be the eligible person) as the person by or with respect to whom the action so required should be taken.
No eligible person may be afforded educational assistance under this chapter unless such person was discharged or released after each period such person was on duty with the Armed Forces under conditions other than dishonorable, or while such person is on duty with the Armed Forces.
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.
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 3501
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1193, § 1701
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1193, § 1701Pub. L. 86–236 § 1 · 73 Stat. 471
Inserted · 38 U.S.C. § 3501(a)(1); 38 U.S.C. § 3501(a)(d)
Pub. L. 86–236 inserted reference to Spanish-American War
Source evidence
Code amendment note
Subsecs. (a)(1), (d). Pub. L. 86–236 inserted reference to Spanish-American War.Pub. L. 86–785 § 1 · 74 Stat. 1023
Substituted · 38 U.S.C. § 3501(a)(1)
Pub. L. 86–785, § 1, substituted “the Korean conflict, or the induction period” for “or the Korean conflict”
Inserted · 38 U.S.C. § 3501(a)(1)
Pub. L. 86–785, § 1, inserted “arising out of service during the Spanish-American War, World War I, World War II, or the Korean conflict” after “whether or not a disability”
Inserted · 38 U.S.C. § 3501(a)(1)
Pub. L. 86–785, § 1, inserted the sentence relating to the criteria for determining whether a disability arising out of service during the induction period is service connected
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 86–785, § 1, substituted “the Korean conflict, or the induction period” for “or the Korean conflict”, inserted “arising out of service during the Spanish-American War, World War I, World War II, or the Korean conflict” after “whether or not a disability”, and inserted the sentence relating to the criteria for determining whether a disability arising out of service during the induction period is service connected.Enacted provision · exact public law section
(1) by striking out in the first sentence of such paragraph “or the Korean conflict” and inserting in lieu thereof “the Korean conflict, or the induction period”;Pub. L. 86–785 § 2 · 74 Stat. 1023
Added · 38 U.S.C. § 3501(a)(9)
Pub. L. 86–785, § 2, added par. (9)
Source evidence
Code amendment note
Subsec. (a)(9). Pub. L. 86–785, § 2, added par. (9).Enacted provision · exact public law section
Sec. 2. Subsection (a) of section 1701 of such title is amended by adding at the end thereof a new paragraph as follows: “(9) The term ‘induction period’ means (A) the period beginning “Induction period.” September 16, 1940, and ending December 6, 1941, and the period beginning January 1, 1947, and ending June 26, 1950, and (B) the period beginning on February 1, 1955, and ending on the day before the first day thereafter on which individuals (other than individuals liable for induction by reason of a prior deferment) are no longer liable for induction for training and service into the Armed Forces under the Universal Military Training and Service Act.” 62 Stat. 604. 50 USC App. 451.Pub. L. 86–785 § 3 · 74 Stat. 1023
Substituted · 38 U.S.C. § 3501(d)
Pub. L. 86–785, § 3, substituted “the Korean conflict, or the induction period” for “or the Korean conflict”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 86–785, § 3, substituted “the Korean conflict, or the induction period” for “or the Korean conflict”.Enacted provision · exact public law section
Sec. 3. Subsection (d) of section 1701 of such title is amended by striking out “or the Korean conflict” and inserting in lieu thereof the following: “the Korean conflict, or the induction period”.Pub. L. 88–361 § 1(a) · 78 Stat. 297
Changed · 38 U.S.C. § 3501(a)(1)
Pub. L. 88–361, § 1(a), included the child of a person who has a service-connected disability, or who died while such disability existed
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 88–361, § 1(a), included the child of a person who has a service-connected disability, or who died while such disability existed.Pub. L. 88–361 § 1(b) · 78 Stat. 297
Added · 38 U.S.C. § 3501(a)(10)
Pub. L. 88–361, § 1(b), added par. (10)
Source evidence
Code amendment note
Subsec. (a)(10). Pub. L. 88–361, § 1(b), added par. (10).Pub. L. 88–361 § 1(c) · 78 Stat. 297
Inserted · 38 U.S.C. § 3501(d)
Pub. L. 88–361, § 1(c), inserted “disability or” before “death” wherever appearing
Source evidence
Code amendment note
Subsec. (d). Pub. L. 88–361, § 1(c), inserted “disability or” before “death” wherever appearing.Pub. L. 89–222 § 3 · 79 Stat. 896
Substituted · 38 U.S.C. § 3501(a)(1)
Pub. L. 89–222 substituted “such service” the second time it appears for “service during the Spanish-American War, World War I, World War II, or the Korean conflict”
Struck · 38 U.S.C. § 3501(a)(1)
Pub. L. 89–222 struck out provisions which prescribed the applicable standards and criteria for determining whether or not a disability arising out of service during the induction period is service-connected
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 89–222 substituted “such service” the second time it appears for “service during the Spanish-American War, World War I, World War II, or the Korean conflict” and struck out provisions which prescribed the applicable standards and criteria for determining whether or not a disability arising out of service during the induction period is service-connected.Enacted provision · exact public law section
Sec. 3. Paragraph (1) of subsection (a) of section 1701 of title 38, United States Code, is amended by striking out the third and fourth sentences and inserting in lieu thereof the following: “The standards and criteria for determining whether or not a disability arising out of such service is service connected shall be those applicable under 38 USC 301–360. Effective date. chapter 11 of this title.”Pub. L. 89–349 § 1(a) · 79 Stat. 1313
Amended · 38 U.S.C. § 3501(a)(1)
Pub. L. 89–349, § 1(a), (b), generally amended par. (1) and, among other changes
Substituted · 38 U.S.C. § 3501(a)(1)
Pub. L. 89–349, § 1(a), (b), generally substituted “after the beginning of the Spanish-American War and prior to the end of the induction period” for “during the Spanish-American War, World War I, World War II, the Korean conflict, or the induction period” in first sentence
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 89–349, § 1(a), (b), generally amended par. (1) and, among other changes, substituted “after the beginning of the Spanish-American War and prior to the end of the induction period” for “during the Spanish-American War, World War I, World War II, the Korean conflict, or the induction period” in first sentence.Pub. L. 89–349 § 1(c) · 79 Stat. 1313
Struck · 38 U.S.C. § 3501(a)(9)
Pub. L. 89–349, § 1(c), struck out provisions which included the period beginning Sept. 16, 1940, and ending Dec. 6, 1941, and the period beginning Jan. 1, 1947, and ending June 26, 1950, within the term “induction period”
Source evidence
Code amendment note
Subsec. (a)(9). Pub. L. 89–349, § 1(c), struck out provisions which included the period beginning Sept. 16, 1940, and ending Dec. 6, 1941, and the period beginning Jan. 1, 1947, and ending June 26, 1950, within the term “induction period”.Pub. L. 89–349 § 1(d) · 79 Stat. 1313
Substituted · 38 U.S.C. § 3501(d)
Pub. L. 89–349, § 1(d), substituted “after the beginning of the Spanish-American War and prior to the end of the induction period” for “during the Spanish-American War, World War I, World War II, the Korean conflict, or the induction period”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 89–349, § 1(d), substituted “after the beginning of the Spanish-American War and prior to the end of the induction period” for “during the Spanish-American War, World War I, World War II, the Korean conflict, or the induction period”.Veterans
Pub. L. 89–358 § 4(j)(3) · 80 Stat. 12
Struck · 38 U.S.C. § 3501(a)(1)
Pub. L. 89–358, § 4(j)(3), struck out “and prior to the end of the induction period” after “Spanish-American War”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 89–358, § 4(j)(3), struck out “and prior to the end of the induction period” after “Spanish-American War”.Enacted provision · exact public law section
(j) Section 1701 of such title 38 is amended (1) by striking out “1013(c)(1) of title 50” in subsection (a)(3)(C) and inserting in lieu thereof “511(d) of title 10” (2) by striking out paragraphs (8) and (9) in subsection (a) thereof and redesignating paragraph (10) of such subsection as paragraph (8) and (3) by striking out “and prior to the end of the induction period” in subsections (a)(1) and (d) thereof.Veterans
Pub. L. 89–358 § 4(j)(1) · 80 Stat. 12
Substituted · 38 U.S.C. § 3501(a)(3)(C)
Pub. L. 89–358, § 4(j)(1), substituted “section 511(d) of title 10” for “section 1013(c)(1) of title 50”
Source evidence
Code amendment note
Subsec. (a)(3)(C). Pub. L. 89–358, § 4(j)(1), substituted “section 511(d) of title 10” for “section 1013(c)(1) of title 50”.Enacted provision · exact public law section
(j) Section 1701 of such title 38 is amended (1) by striking out “1013(c)(1) of title 50” in subsection (a)(3)(C) and inserting in lieu thereof “511(d) of title 10” (2) by striking out paragraphs (8) and (9) in subsection (a) thereof and redesignating paragraph (10) of such subsection as paragraph (8) and (3) by striking out “and prior to the end of the induction period” in subsections (a)(1) and (d) thereof.Veterans
Pub. L. 89–358 § 4(j)(2) · 80 Stat. 12
Struck · 38 U.S.C. § 3501(a)(8)(10)
Pub. L. 89–358, § 4(j)(2), struck out par. (8) including the Canal Zone in the term “State” (now incorporated in section 101(20) of this title) and par. (9) defining “induction period”
Redesignated · 38 U.S.C. § 3501(a)(8)(10)
Pub. L. 89–358, § 4(j)(2), redesignated par. (10) as (8)
Source evidence
Code amendment note
Subsec. (a)(8) to (10). Pub. L. 89–358, § 4(j)(2), struck out par. (8) including the Canal Zone in the term “State” (now incorporated in section 101(20) of this title) and par. (9) defining “induction period” and redesignated par. (10) as (8).Enacted provision · exact public law section
(j) Section 1701 of such title 38 is amended (1) by striking out “1013(c)(1) of title 50” in subsection (a)(3)(C) and inserting in lieu thereof “511(d) of title 10” (2) by striking out paragraphs (8) and (9) in subsection (a) thereof and redesignating paragraph (10) of such subsection as paragraph (8) and (3) by striking out “and prior to the end of the induction period” in subsections (a)(1) and (d) thereof.Veterans
Pub. L. 89–358 § 4(j)(3) · 80 Stat. 12
Struck · 38 U.S.C. § 3501(d)
Pub. L. 89–358, § 4(j)(3), struck out “and prior to the end of the induction period” after “Spanish-American War”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 89–358, § 4(j)(3), struck out “and prior to the end of the induction period” after “Spanish-American War”.Enacted provision · exact public law section
(j) Section 1701 of such title 38 is amended (1) by striking out “1013(c)(1) of title 50” in subsection (a)(3)(C) and inserting in lieu thereof “511(d) of title 10” (2) by striking out paragraphs (8) and (9) in subsection (a) thereof and redesignating paragraph (10) of such subsection as paragraph (8) and (3) by striking out “and prior to the end of the induction period” in subsections (a)(1) and (d) thereof.Pub. L. 90–631 § 2(b) · 82 Stat. 1331
Changed · 38 U.S.C. § 3501(a)(1)
Pub. L. 90–631, § 2(b), extended the definition of “eligible person” to include the widow of any person who died of a service-connected disability, or the wife of any person who has a total disability permanent in nature resulting from a service-connected disability, or the widow of a veteran who died while a disability so evaluated was in existence
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 90–631, § 2(b), extended the definition of “eligible person” to include the widow of any person who died of a service-connected disability, or the wife of any person who has a total disability permanent in nature resulting from a service-connected disability, or the widow of a veteran who died while a disability so evaluated was in existence.Enacted provision · exact public law section
(b) Paragraph (1) of section 1701(a) of title 38, United States Code, is amended to read as follows: “(1) The term ‘eligible person’ means— “(A) a child of a person who— “(i) died of a service-connected disability, or “(ii) has a total disability permanent in nature resulting from a service-connected disability, or who died while a disability so evaluated was in existence, “(B) the widow of any person who died of a service-connected disability, or “(C) the wife of any person who has a total disability permanent in nature resulting from a service-connected disability, or the widow of a veteran who died while a disability so evaluated was in existence, arising out of active military, naval, or air service after the beginning of the Spanish-American War, but only if such service did not terminate under dishonorable conditions. The standards and criteria for determining whether or not a disability arising out of such service is service connected shall be those applicable under chapter 11 of this title.”Pub. L. 90–631 § 2(c) · 82 Stat. 1331
Substituted · 38 U.S.C. § 3501(d)
Pub. L. 90–631, § 2(c), substituted provisions requiring that any eligible person seeking educational assistance under this chapter to have been discharged or released after each period he was on duty with the armed forces under conditions other than dishonorable, or while he is on duty with the armed forces, for provisions setting forth the purposes of educational assistance programs established under this chapter
Source evidence
Code amendment note
Subsec. (d). Pub. L. 90–631, § 2(c), substituted provisions requiring that any eligible person seeking educational assistance under this chapter to have been discharged or released after each period he was on duty with the armed forces under conditions other than dishonorable, or while he is on duty with the armed forces, for provisions setting forth the purposes of educational assistance programs established under this chapter.Enacted provision · exact public law section
(c) Subsection (d) of section 17(11 of title 38, United States Code, is amended to read as follows: “(d) No eligible person may be afforded educational assistance under this chapter unless he was discharged or released after each period he was on duty with the Armed Forces under conditions other than dishonorable, or while he is on duty with the Armed Forces.”Pub. L. 91–24 § 9(a) · 83 Stat. 33
Substituted · 38 U.S.C. § 3501(a)(2)
Pub. L. 91–24 substituted “the age of twenty-three years” for “the age of twenty-one years”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 91–24 substituted “the age of twenty-three years” for “the age of twenty-one years”.Enacted provision · exact public law section
(a) by deleting in section 1701(a) (2) “twenty-one” and inserting in lieu thereof “twenty-three”;Pub. L. 91–584 § 1(3) · 84 Stat. 1575
Added · 38 U.S.C. § 3501(a)(1)(A)
Pub. L. 91–584, § 1(3), added cl. (iii)
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 91–584, § 1(3), added cl. (iii).Enacted provision · exact public law section
(1) striking out the word “or” at the end of subclause (i) of clause (A);Pub. L. 91–584 § 1(5) · 84 Stat. 1575
Added · 38 U.S.C. § 3501(a)(1)(C); 38 U.S.C. § 3501(a)(1)(D)
Pub. L. 91–584, § 1(5), (6), added subpar. (C)
Redesignated · 38 U.S.C. § 3501(a)(1)(C); 38 U.S.C. § 3501(a)(1)(D)
Pub. L. 91–584, § 1(5), (6), redesignated former subpar. (C) as (D)
Source evidence
Code amendment note
Subsec. (a)(1)(C), (D). Pub. L. 91–584, § 1(5), (6), added subpar. (C) and redesignated former subpar. (C) as (D).Enacted provision · exact public law section
(1) striking out the word “or” at the end of subclause (i) of clause (A);Vietnam Era Veterans’ Readjustment Assistance Act of 1972
Pub. L. 92–540 § 309(1) · 86 Stat. 1074
Inserted · 38 U.S.C. § 3501(a)(6)
Pub. L. 92–540, § 309(1), inserted reference to correspondence school within the definition of “educational institution”
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 92–540, § 309(1), inserted reference to correspondence school within the definition of “educational institution”.Enacted provision · exact public law section
(1) by amending paragraph (6) to read as follows: 72 Stat. 1193. “(6) 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.”; andVietnam Era Veterans’ Readjustment Assistance Act of 1972
Pub. L. 92–540 § 309(2) · 86 Stat. 1074
Added · 38 U.S.C. § 3501(a)(9)
Pub. L. 92–540, § 309(2), added par. (9)
Source evidence
Code amendment note
Subsec. (a)(9). Pub. L. 92–540, § 309(2), added par. (9).Enacted provision · exact public law section
(2) by adding at the end thereof the following new paragraph: “(9) for the purposes of this chapter and chapter 36 of this title, 80 Stat. 20; 82 Stat. 1331. 38 USC 1770. 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 of title 29, or any agency of the Federal 50 Stat. 664. 29 USC 50. Government authorized to supervise such training.”Pub. L. 93–295 title III § 302 · 88 Stat. 180
Substituted · 38 U.S.C. § 3501(a)(4)
Pub. L. 93–295 substituted “any other person who has been appointed by the Administrator under section 3202 of this title to receive payment of benefits for the use and benefit of the eligible person” for “any person who is determined by the Administrator in accordance with section 3202 of this title to be otherwise legally vested with the care of the eligible person”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 93–295 substituted “any other person who has been appointed by the Administrator under section 3202 of this title to receive payment of benefits for the use and benefit of the eligible person” for “any person who is determined by the Administrator in accordance with section 3202 of this title to be otherwise legally vested with the care of the eligible person”.Enacted provision · exact public law section
Sec. 302. Subsection (a)(4) of section 1701 of title 38, United States Code, is amended to read as follows: “(4) The term ‘guardian’ includes a fiduciary legally appointed by a court of competent jurisdiction, or any other person who has been appointed by the Administrator under section 3202 of this title to 38 USC 3202. receive payment of benefits for the use and benefit of the eligible person.”.Veterans’ Education and Employment Assistance Act of 1976
Pub. L. 94–502 § 310(2) · 90 Stat. 2383
Substituted · 38 U.S.C. § 3501(a)(1)
Pub. L. 94–502, § 310(2), substituted “surviving spouse” for “widow” in two places
Substituted · 38 U.S.C. § 3501(a)(1)
Pub. L. 94–502, § 310(2), substituted “spouse” for “wife” in two places
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 94–502, § 310(2), substituted “surviving spouse” for “widow” and “spouse” for “wife” in two places.Enacted provision · exact public law section
(2) by striking out in section 1701(a) “widow” and “wife” 38 USC 1701. each time they appear and inserting in lieu thereof “surviving spouse” and “spouse”, respectively;Veterans’ Education and Employment Assistance Act of 1976
Pub. L. 94–502 § 302 · 90 Stat. 2383
Added · 38 U.S.C. § 3501(a)(10); 38 U.S.C. § 3501(a)(11)
Pub. L. 94–502, § 302, added pars. (10), (11)
Source evidence
Code amendment note
Subsec. (a)(10), (11). Pub. L. 94–502, § 302, added pars. (10), (11).Enacted provision · exact public law section
Sec. 302. Section 1701 (a) of title 38, United States Code, is amended 38 USC 1701. by adding at the end thereof the following new paragraphs: “(10) For the purposes of this chapter and chapter 36 of this title, “Institution of higher learning.” 38 USC 1770.« 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 post secondary degree. “(11) For the purposes of this chapter and chapter 36 of this title, “Standard college degree.” 38 USC 1770.et seq. the term ‘standard college degree’ means an associate or higher degree awarded by (A) an institution of higher learning that is accredited as a collegiate institution by a recognized regional or national accrediting agency; or (B) an institution of higher learning that is a ‘candidate’ for accreditation as that term is used by the regional or national accrediting agencies; or (C) 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 38 USC 1775. title.”.Veterans’ Education and Employment Assistance Act of 1976
Pub. L. 94–502 § 310(3) · 90 Stat. 2383
Substituted · 38 U.S.C. § 3501(b)
Pub. L. 94–502, § 310(3), substituted “the person’s” for “his”
Substituted · 38 U.S.C. § 3501(b)
Pub. L. 94–502, § 310(3), substituted “the eligible person” for “the eligible person himself”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 94–502, § 310(3), substituted “the person’s” for “his” and “the eligible person” for “the eligible person himself”.Enacted provision · exact public law section
(3) by striking out in section 1701(b) “his” and inserting in lieu thereof “the person’s” and by striking out “himself”;Veterans’ Education and Employment Assistance Act of 1976
Pub. L. 94–502 § 310(4) · 90 Stat. 2383
Substituted · 38 U.S.C. § 3501(c)
Pub. L. 94–502, § 310(4), substituted “such person’s” for “his” in the parenthetical phrase
Substituted · 38 U.S.C. § 3501(c)
Pub. L. 94–502, § 310(4), substituted “be the eligible person” for “be the eligible person himself” in the parenthetical phrase
Source evidence
Code amendment note
Subsec. (c). Pub. L. 94–502, § 310(4), substituted “such person’s” for “his” and “be the eligible person” for “be the eligible person himself” in the parenthetical phrase.Enacted provision · exact public law section
(4) by striking out. in section 1701 (c) “his” each time it appears and inserting in lieu thereof “such person’s” and by striking out “himself”;Veterans’ Education and Employment Assistance Act of 1976
Pub. L. 94–502 § 310(5) · 90 Stat. 2383
Substituted · 38 U.S.C. § 3501(d)
Pub. L. 94–502, § 310(5), substituted “such person” for “he” in three places
Source evidence
Code amendment note
Subsec. (d). Pub. L. 94–502, § 310(5), substituted “such person” for “he” in three places.Enacted provision · exact public law section
(5) by striking out in section 1701(d) “he” each time it appears and inserting in lieu thereof “such person”;Veterans’ Rehabilitation and Education Amendments of 1980
Pub. L. 96–466 § 801(c)(1) · 94 Stat. 2171
Inserted · 38 U.S.C. § 3501(a)
Pub. L. 96–466, § 801(c)(1), inserted “and chapter 36 of this title” after “chapter” in introductory text
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–466, § 801(c)(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;Veterans’ Rehabilitation and Education Amendments of 1980
Pub. L. 96–466 § 801(c)(2) · 94 Stat. 2171
Substituted · 38 U.S.C. § 3501(a)(9)
Pub. L. 96–466, § 801(c)(2), substituted “The” for “For the purposes of this chapter and chapter 36 of this title, the”
Source evidence
Code amendment note
Subsec. (a)(9). Pub. L. 96–466, § 801(c)(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 paragraphs (9), (10), and (11) and inserting in lieu thereof “The”; andVeterans’ Rehabilitation and Education Amendments of 1980
Pub. L. 96–466 title III § 327(a) · 94 Stat. 2171
Substituted · 38 U.S.C. § 3501(a)(10)
Pub. L. 96–466, §§ 327(a), 801(c)(2), substituted “The” for “For the purposes of this chapter and chapter 36 of this title, the”
Inserted · 38 U.S.C. § 3501(a)(10)
Pub. L. 96–466, §§ 327(a), 801(c)(2), inserted provision including within the term “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. (a)(10). Pub. L. 96–466, §§ 327(a), 801(c)(2), substituted “The” for “For the purposes of this chapter and chapter 36 of this title, the” and inserted provision including within the term “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) Paragraph (10) of section 1701(a) is amended by adding 38 USC 1701. at the end the 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 by the secretary of education (or comparable official) of the country or other jurisdiction in which the institution is located.”.Veterans’ Rehabilitation and Education Amendments of 1980
Pub. L. 96–466 § 801(c)(2) · 94 Stat. 2171
Substituted · 38 U.S.C. § 3501(a)(11)
Pub. L. 96–466, § 801(c)(2), (3), substituted “The” for “For the purposes of this chapter and chapter 36 of this title, the”
Substituted · 38 U.S.C. § 3501(a)(11)
Pub. L. 96–466, § 801(c)(2), (3), substituted “Secretary of Education” for “Commissioner of Education”
Source evidence
Code amendment note
Subsec. (a)(11). Pub. L. 96–466, § 801(c)(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 paragraphs (9), (10), and (11) and inserting in lieu thereof “The”; andVeterans’ Health Care Amendments of 1983
Pub. L. 98–160 § 702(12)(A) · 97 Stat. 993
Struck and inserted · 38 U.S.C. § 3501(a)(1)(A)(iii); 38 U.S.C. § 3501(a)(1)(A)(C)
Pub. L. 98–160, § 702(12)(A), struck out “, United States Code,” after “title 37” and inserted a comma after “regulations issued thereunder”
Source evidence
Code amendment note
Subsec. (a)(1)(A)(iii), (C). Pub. L. 98–160, § 702(12)(A), struck out “, United States Code,” after “title 37” and inserted a comma after “regulations issued thereunder”.Enacted provision · exact public law section
(A) in paragraph (1)— (i) by striking out “title 37, United States Code,” in clauses (A)(iii) and (C) and inserting in lieu thereof “title 37”; and (ii) by inserting a comma after “thereunder” in clause (A)(iii); andVeterans’ Health Care Amendments of 1983
Pub. L. 98–160 § 702(12)(B) · 97 Stat. 993
Substituted · 38 U.S.C. § 3501(a)(9)
Pub. L. 98–160, § 702(12)(B), 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. (a)(9). Pub. L. 98–160, § 702(12)(B), 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
(B) in paragraph (9), by striking out “chapter 4C of title 29” and inserting in lieu thereof “the Act of August 16, 1937, popularly known as the ‘National Apprenticeship Act’ (29 U.S.C. 50 et seq.)”.Veterans Education and Employment Amendments of 1989
Pub. L. 101–237 title IV § 423(b)(1)(A) · 103 Stat. 2062
Substituted · 38 U.S.C. § 3501(a)(4); 38 U.S.C. § 3501(a)(c)
Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing
Source evidence
Code amendment note
Subsecs. (a)(4), (c). Pub. L. 101–237 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”; andDepartment of Veterans Affairs Health-Care Personnel Act of 1991
Pub. L. 102–40 title IV § 402(d)(1) · 105 Stat. 187
Substituted · 38 U.S.C. § 3501(a)(4)
Pub. L. 102–40 substituted “5502” for “3202”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 102–40 substituted “5502” for “3202”.Enacted provision · exact public law section
(1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 3501
Pub. L. 102–83, § 5(a), renumbered section 1701 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 1701 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.Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 3501(a)(3)
Pub. L. 102–83, § 5(c)(1), substituted “3512” for “1712”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 102–83, § 5(c)(1), substituted “3512” for “1712”.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.Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 3501(a)(11)
Pub. L. 102–83, § 5(c)(1), substituted “3675” for “1775”
Source evidence
Code amendment note
Subsec. (a)(11). 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.National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 div. A title XV § 1501(e)(2)(C) · 110 Stat. 186
Substituted · 38 U.S.C. § 3501(a)(3)(C)
Pub. L. 104–106 substituted “section 12103(d) of title 10” for “section 511(d) of title 10”
Source evidence
Code amendment note
Subsec. (a)(3)(C). Pub. L. 104–106 substituted “section 12103(d) of title 10” for “section 511(d) of title 10”.Enacted provision · exact public law section
(C) in section 3501(a)(3)(C), by striking out “section 511(d) of title 10” and inserting in lieu thereof “section 12103(d) of title 10”; andVeterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 122(a) · 114 Stat. 1822
Inserted · 38 U.S.C. § 3501(a)(5)
Pub. L. 106–419, § 122(a), 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. (a)(5). Pub. L. 106–419, § 122(a), 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.”.Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 114(a) · 114 Stat. 1822
Inserted · 38 U.S.C. § 3501(a)(5)
Pub. L. 106–419, § 114(a), inserted at end “Such term also includes any preparatory course described in section 3002(3)(B) of this title.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 106–419, § 114(a), inserted at end “Such term also includes any preparatory course described in section 3002(3)(B) of this title.”Enacted provision · exact public law section
(a) In General.— Section 3501(a)(5) is amended by adding at the end the following new sentence: “Such term also includes any preparatory course described in section 3002(3)(B) of this title.”.Veterans Education and Benefits Expansion Act of 2001
Pub. L. 107–103 § 108(a) · 115 Stat. 976
Inserted · 38 U.S.C. § 3501(a)(1)(D)
Pub. L. 107–103, § 108(a), inserted cl. (i) designation after “(D)” and cl. (ii) designation after “or”
Source evidence
Code amendment note
Subsec. (a)(1)(D). Pub. L. 107–103, § 108(a), inserted cl. (i) designation after “(D)” and cl. (ii) designation after “or”.Enacted provision · exact public law section
(a) Designation of Eligibility.— Section 3501(a)(1)(D) is amended— (1) by inserting “(i)” after “(D)”; and (2) by inserting “(ii)” after “or”.Veterans Education and Benefits Expansion Act of 2001
Pub. L. 107–103 § 110(a) · 115 Stat. 976
Inserted · 38 U.S.C. § 3501(a)(6)
Pub. L. 107–103, § 110(a), 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. (a)(6). Pub. L. 107–103, § 110(a), 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).”.Veterans Earn and Learn Act of 2004
Pub. L. 108–454 title I § 106(a) · 118 Stat. 3598
Inserted · 38 U.S.C. § 3501(a)(5)
Pub. L. 108–454 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. (a)(5). Pub. L. 108–454 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)).”.Pub. L. 109–444 § 3(a)(1) · 120 Stat. 3304
Substituted · 38 U.S.C. § 3501(a)(1)
Pub. L. 109–444, § 3(a)(1), (8), which substituted “means any of the following:” for “means—” in introductory provisions
Struck · 38 U.S.C. § 3501(a)(1)
Pub. L. 109–444, § 3(a)(1), (8), which struck out concluding provisions, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–444, § 3(a)(1), (8), which substituted “means any of the following:” for “means—” in introductory provisions and struck out concluding provisions, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.Enacted provision · exact public law section
(1) in the matter preceding subparagraph (A), by striking “means—” and inserting “means any of the following:”;Pub. L. 109–444 § 3(a)(2) · 120 Stat. 3304
Substituted · 38 U.S.C. § 3501(a)(1)(A)
Pub. L. 109–444, § 3(a)(2), (3), which substituted “A child of a person who, as a result of qualifying service” for “a child of a person who” in introductory provisions substituted “; or” for a comma in cl. (i) and a period for “, or” in cl. (ii)
Struck · 38 U.S.C. § 3501(a)(1)(A)
Pub. L. 109–444, § 3(a)(2), (3), which struck out cl. (iii), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–444, § 3(a)(2), (3), which substituted “A child of a person who, as a result of qualifying service” for “a child of a person who” in introductory provisions substituted “; or” for a comma in cl. (i) and a period for “, or” in cl. (ii), and struck out cl. (iii), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.Enacted provision · exact public law section
(2) in each of subparagraphs (A) through (D), by capitalizing the first letter of the first word;Pub. L. 109–444 § 3(a)(2) · 120 Stat. 3304
Substituted · 38 U.S.C. § 3501(a)(1)(B)
Pub. L. 109–444, § 3(a)(2), (4), which substituted “The surviving spouse of any person who died of a service-connected disability sustained during a period of qualifying service.” for “the surviving spouse of any person who died of a service-connected disability,”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–444, § 3(a)(2), (4), which substituted “The surviving spouse of any person who died of a service-connected disability sustained during a period of qualifying service.” for “the surviving spouse of any person who died of a service-connected disability,”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.Enacted provision · exact public law section
(2) in each of subparagraphs (A) through (D), by capitalizing the first letter of the first word;Pub. L. 109–444 § 3(a)(2) · 120 Stat. 3304
Substituted · 38 U.S.C. § 3501(a)(1)(C)
Pub. L. 109–444, § 3(a)(2), (5), which substituted “The spouse or child” for “the spouse” and a period at end for “, or”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–444, § 3(a)(2), (5), which substituted “The spouse or child” for “the spouse” and a period at end for “, or”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.Enacted provision · exact public law section
(2) in each of subparagraphs (A) through (D), by capitalizing the first letter of the first word;Pub. L. 109–444 § 3(a)(2) · 120 Stat. 3304
Substituted · 38 U.S.C. § 3501(a)(1)(D)
Pub. L. 109–444, § 3(a)(2), (6), which substituted “The spouse” for “the spouse”
Inserted · 38 U.S.C. § 3501(a)(1)(D)
Pub. L. 109–444, § 3(a)(2), (6), which inserted “sustained during a period of qualifying service” before comma in cl. (i)
Substituted · 38 U.S.C. § 3501(a)(1)(D)
Pub. L. 109–444, § 3(a)(2), (6), which substituted period for comma at end of cl. (ii), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–444, § 3(a)(2), (6), which substituted “The spouse” for “the spouse”, inserted “sustained during a period of qualifying service” before comma in cl. (i), and substituted period for comma at end of cl. (ii), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.Enacted provision · exact public law section
(2) in each of subparagraphs (A) through (D), by capitalizing the first letter of the first word;Pub. L. 109–444 § 3(a)(7) · 120 Stat. 3304
Added · 38 U.S.C. § 3501(a)(1)(E)
Pub. L. 109–444, § 3(a)(7), which added subpar. (E) identical to that added by Pub. L. 109–461, § 301(a)(7), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–444, § 3(a)(7), which added subpar. (E) identical to that added by Pub. L. 109–461, § 301(a)(7), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.Enacted provision · exact public law section
(7) by inserting after subparagraph (D) the following new subparagraph: “(E) The spouse or child of a person who— “(i) at the time of the Secretary’s determination under clause (ii), is a member of the Armed Forces who is hospitalized or receiving outpatient medical care, services, or treatment; “(ii) the Secretary determines has a total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service; and “(iii) is likely to be discharged or released from such service for such disability.” ; andPub. L. 109–444 § 3(b)(1) · 120 Stat. 3304
Added · 38 U.S.C. § 3501(a)(12)
Pub. L. 109–444, § 3(b)(1), which added par. (12) identical to that added by Pub. L. 109–461, § 301(b)(1), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–444, § 3(b)(1), which added par. (12) identical to that added by Pub. L. 109–461, § 301(b)(1), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.Enacted provision · exact public law section
(1) Section 3501(a) is amended by adding at the end the following new paragraph: “(12) The term ‘qualifying service’ means service in the active military, naval, or air service after the beginning of the Spanish-American War that did not terminate under dishonorable conditions.” .Veterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 § 1006(b) · 120 Stat. 3403
Changed · 38 U.S.C. § 3501
Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title
Source evidence
Code amendment note
Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.Enacted provision · exact public law section
(b) Earlier Enactment of Veterans Programs Extension Act of 2006.— If this Act is enacted after the enactment of the Veterans Programs Extension Act of 2006, then as of the date of the enactment of this Act, the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall be deemed for all purposes not to have taken effect and the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall cease to be in effect.Veterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 § 301(a)(1) · 120 Stat. 3403
Substituted · 38 U.S.C. § 3501(a)(1)
Pub. L. 109–461, § 301(a)(1), (8), substituted “means any of the following:” for “means—” in introductory provisions
Struck · 38 U.S.C. § 3501(a)(1)
Pub. L. 109–461, § 301(a)(1), (8), struck out concluding provisions, which read as follows: “arising out of active military, naval, or air service after the beginning of the Spanish-American War, but only if such service did not terminate under dishonorable conditions. The standards and criteria for determining whether or not a disability arising out of such service is service connected shall be those applicable under chapter 11 of this title.”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 109–461, § 301(a)(1), (8), substituted “means any of the following:” for “means—” in introductory provisions and struck out concluding provisions, which read as follows: “arising out of active military, naval, or air service after the beginning of the Spanish-American War, but only if such service did not terminate under dishonorable conditions. The standards and criteria for determining whether or not a disability arising out of such service is service connected shall be those applicable under chapter 11 of this title.”Enacted provision · exact public law section
(1) in the matter preceding subparagraph (A), by striking “means—” and inserting “means any of the following:”;Veterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 § 301(a)(2) · 120 Stat. 3403
Substituted · 38 U.S.C. § 3501(a)(1)(A)
Pub. L. 109–461, § 301(a)(2), (3), substituted “A child of a person who, as a result of qualifying service” for “a child of a person who” in introductory provisions substituted “; or” for a comma in cl. (i) and a period for “, or” in cl. (ii)
Struck · 38 U.S.C. § 3501(a)(1)(A)
Pub. L. 109–461, § 301(a)(2), (3), struck out cl. (iii) which read as follows: “at the time of application for benefits under this chapter is a member of the Armed Forces serving on active duty listed, pursuant to section 556 of title 37 and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (A) missing in action, (B) captured in line of duty by a hostile force, or (C) forcibly detained or interned in line of duty by a foreign government or power.”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 109–461, § 301(a)(2), (3), substituted “A child of a person who, as a result of qualifying service” for “a child of a person who” in introductory provisions substituted “; or” for a comma in cl. (i) and a period for “, or” in cl. (ii), and struck out cl. (iii) which read as follows: “at the time of application for benefits under this chapter is a member of the Armed Forces serving on active duty listed, pursuant to section 556 of title 37 and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (A) missing in action, (B) captured in line of duty by a hostile force, or (C) forcibly detained or interned in line of duty by a foreign government or power.”Enacted provision · exact public law section
(2) in each of subparagraphs (A) through (D), by capitalizing the first letter of the first word;Veterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 § 301(a)(2) · 120 Stat. 3403
Substituted · 38 U.S.C. § 3501(a)(1)(B)
Pub. L. 109–461, § 301(a)(2), (4), substituted “The surviving spouse of any person who died of a service-connected disability sustained during a period of qualifying service.” for “the surviving spouse of any person who died of a service-connected disability,”
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 109–461, § 301(a)(2), (4), substituted “The surviving spouse of any person who died of a service-connected disability sustained during a period of qualifying service.” for “the surviving spouse of any person who died of a service-connected disability,”.Enacted provision · exact public law section
(2) in each of subparagraphs (A) through (D), by capitalizing the first letter of the first word;Veterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 § 301(a)(2) · 120 Stat. 3403
Substituted · 38 U.S.C. § 3501(a)(1)(C)
Pub. L. 109–461, § 301(a)(2), (5), substituted “The spouse or child” for “the spouse” and a period at end for “, or”
Source evidence
Code amendment note
Subsec. (a)(1)(C). Pub. L. 109–461, § 301(a)(2), (5), substituted “The spouse or child” for “the spouse” and a period at end for “, or”.Enacted provision · exact public law section
(2) in each of subparagraphs (A) through (D), by capitalizing the first letter of the first word;Veterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 § 301(a)(2) · 120 Stat. 3403
Substituted · 38 U.S.C. § 3501(a)(1)(D)
Pub. L. 109–461, § 301(a)(2), (6), substituted “The spouse” for “the spouse”
Inserted · 38 U.S.C. § 3501(a)(1)(D)
Pub. L. 109–461, § 301(a)(2), (6), inserted “sustained during a period of qualifying service” before comma in cl. (i)
Substituted · 38 U.S.C. § 3501(a)(1)(D)
Pub. L. 109–461, § 301(a)(2), (6), substituted period for comma at end of cl. (ii)
Source evidence
Code amendment note
Subsec. (a)(1)(D). Pub. L. 109–461, § 301(a)(2), (6), substituted “The spouse” for “the spouse”, inserted “sustained during a period of qualifying service” before comma in cl. (i), and substituted period for comma at end of cl. (ii).Enacted provision · exact public law section
(2) in each of subparagraphs (A) through (D), by capitalizing the first letter of the first word;Veterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 § 301(a)(7) · 120 Stat. 3403
Added · 38 U.S.C. § 3501(a)(1)(E)
Pub. L. 109–461, § 301(a)(7), added subpar. (E)
Source evidence
Code amendment note
Subsec. (a)(1)(E). Pub. L. 109–461, § 301(a)(7), added subpar. (E).Enacted provision · exact public law section
(7) by inserting after subparagraph (D) the following new subparagraph: “(E) The spouse or child of a person who— “(i) at the time of the Secretary’s determination under clause (ii), is a member of the Armed Forces who is hospitalized or receiving outpatient medical care, services, or treatment; “(ii) the Secretary determines has a total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service; and “(iii) is likely to be discharged or released from such service for such disability.” ; andVeterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 § 301(b)(1) · 120 Stat. 3403
Added · 38 U.S.C. § 3501(a)(12)
Pub. L. 109–461, § 301(b)(1), added par. (12)
Source evidence
Code amendment note
Subsec. (a)(12). Pub. L. 109–461, § 301(b)(1), added par. (12).Enacted provision · exact public law section
(1) Section 3501(a) is amended by adding at the end the following new paragraph: “(12) The term ‘qualifying service’ means service in the active military, naval, or air service after the beginning of the Spanish-American War that did not terminate under dishonorable conditions.” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title IX § 926(a)(44) · 134 Stat. 3388
Substituted · 38 U.S.C. § 3501(a)(1)(E)(ii); 38 U.S.C. § 3501(a)(1)(E)(12)
Pub. L. 116–283 substituted “air, or space service” for “or air service”
Source evidence
Code amendment note
Subsec. (a)(1)(E)(ii), (12). Pub. L. 116–283 substituted “air, or space service” for “or air service”.Enacted provision · exact public law section
(44) Section 3501(a).Department of Justice Appropriations Act, 2023
Pub. L. 117–328 div. U title II § 215(a) · 136 Stat. 4459
Struck · 38 U.S.C. § 3501(a)(6)
Pub. L. 117–328 struck out “secondary school,” after “ private”
Substituted · 38 U.S.C. § 3501(a)(6)
Pub. L. 117–328 substituted “postsecondary school level” for “secondary school level”
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 117–328 struck out “secondary school,” after “ private” and substituted “postsecondary school level” for “secondary school level”.Enacted provision · exact public law section
Sec. 215. None of the funds made available under this Act, other than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times.Effective date note
Pub. L. 117–328, div. U, title II, § 215(b), Dec. 29, 2022, 136 Stat. 5455, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on August 1, 2026, and shall apply with respect to an academic period that begins on or after that date.”
74 of 83 references resolved to an enrolled provision · 9 partial
Notes
Amendment of Subsection (a)(6)
Pub. L. 117–328, div. U, title II, § 215, , 136 Stat. 5455, provided that effective on , subsection (a)(6) of this section is amended:
(1) by striking “secondary school,”; and
(2) by striking “secondary school level” and inserting “postsecondary school level”.
See 2022 Amendment note below.
Editorial Notes
References in Text
The National Apprenticeship Act, referred to in subsec. (a)(9), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, which is classified generally to chapter 4C (§ 50 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 50 of Title 29 and Tables.
Prior Provisions
Prior sections 3501 to 3505 were renumbered sections 6101 to 6105 of this title, respectively.
Amendments1959–2022 · 22 rounds
2022
Subsec. (a)(6). Pub. L. 117–328 struck out “secondary school,” after “ private” and substituted “postsecondary school level” for “secondary school level”.
2021
Subsec. (a)(1)(E)(ii), (12). Pub. L. 116–283 substituted “air, or space service” for “or air service”.
2006
Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.
Subsec. (a)(1). Pub. L. 109–461, § 301(a)(1), (8), substituted “means any of the following:” for “means—” in introductory provisions and struck out concluding provisions, which read as follows: “arising out of active military, naval, or air service after the beginning of the Spanish-American War, but only if such service did not terminate under dishonorable conditions. The standards and criteria for determining whether or not a disability arising out of such service is service connected shall be those applicable under chapter 11 of this title.”
Pub. L. 109–444, § 3(a)(1), (8), which substituted “means any of the following:” for “means—” in introductory provisions and struck out concluding provisions, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
Subsec. (a)(1)(A). Pub. L. 109–461, § 301(a)(2), (3), substituted “A child of a person who, as a result of qualifying service” for “a child of a person who” in introductory provisions substituted “; or” for a comma in cl. (i) and a period for “, or” in cl. (ii), and struck out cl. (iii) which read as follows: “at the time of application for benefits under this chapter is a member of the Armed Forces serving on active duty listed, pursuant to section 556 of title 37 and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (A) missing in action, (B) captured in line of duty by a hostile force, or (C) forcibly detained or interned in line of duty by a foreign government or power.”
Pub. L. 109–444, § 3(a)(2), (3), which substituted “A child of a person who, as a result of qualifying service” for “a child of a person who” in introductory provisions substituted “; or” for a comma in cl. (i) and a period for “, or” in cl. (ii), and struck out cl. (iii), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
Subsec. (a)(1)(B). Pub. L. 109–461, § 301(a)(2), (4), substituted “The surviving spouse of any person who died of a service-connected disability sustained during a period of qualifying service.” for “the surviving spouse of any person who died of a service-connected disability,”.
Pub. L. 109–444, § 3(a)(2), (4), which substituted “The surviving spouse of any person who died of a service-connected disability sustained during a period of qualifying service.” for “the surviving spouse of any person who died of a service-connected disability,”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
Subsec. (a)(1)(C). Pub. L. 109–461, § 301(a)(2), (5), substituted “The spouse or child” for “the spouse” and a period at end for “, or”.
Pub. L. 109–444, § 3(a)(2), (5), which substituted “The spouse or child” for “the spouse” and a period at end for “, or”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
Subsec. (a)(1)(D). Pub. L. 109–461, § 301(a)(2), (6), substituted “The spouse” for “the spouse”, inserted “sustained during a period of qualifying service” before comma in cl. (i), and substituted period for comma at end of cl. (ii).
Pub. L. 109–444, § 3(a)(2), (6), which substituted “The spouse” for “the spouse”, inserted “sustained during a period of qualifying service” before comma in cl. (i), and substituted period for comma at end of cl. (ii), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
Subsec. (a)(1)(E). Pub. L. 109–461, § 301(a)(7), added subpar. (E).
Pub. L. 109–444, § 3(a)(7), which added subpar. (E) identical to that added by Pub. L. 109–461, § 301(a)(7), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
Subsec. (a)(12). Pub. L. 109–461, § 301(b)(1), added par. (12).
Pub. L. 109–444, § 3(b)(1), which added par. (12) identical to that added by Pub. L. 109–461, § 301(b)(1), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
2004
Subsec. (a)(5). Pub. L. 108–454 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)).”
2001
Subsec. (a)(1)(D). Pub. L. 107–103, § 108(a), inserted cl. (i) designation after “(D)” and cl. (ii) designation after “or”.
Subsec. (a)(6). Pub. L. 107–103, § 110(a), 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).”
2000
Subsec. (a)(5). Pub. L. 106–419, § 122(a), 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.”
Pub. L. 106–419, § 114(a), inserted at end “Such term also includes any preparatory course described in section 3002(3)(B) of this title.”
1996
Subsec. (a)(3)(C). Pub. L. 104–106 substituted “section 12103(d) of title 10” for “section 511(d) of title 10”.
1991
Pub. L. 102–83, § 5(a), renumbered section 1701 of this title as this section.
Subsec. (a)(3). Pub. L. 102–83, § 5(c)(1), substituted “3512” for “1712”.
Subsec. (a)(4). Pub. L. 102–40 substituted “5502” for “3202”.
Subsec. (a)(11). Pub. L. 102–83, § 5(c)(1), substituted “3675” for “1775”.
1989
Subsecs. (a)(4), (c). Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.
1983
Subsec. (a)(1)(A)(iii), (C). Pub. L. 98–160, § 702(12)(A), struck out “, United States Code,” after “title 37” and inserted a comma after “regulations issued thereunder”.
Subsec. (a)(9). Pub. L. 98–160, § 702(12)(B), substituted “the Act of , popularly known as the ‘National Apprenticeship Act’ (29 U.S.C. 50 et seq.)” for “chapter 4C of title 29”.
1980
Subsec. (a). Pub. L. 96–466, § 801(c)(1), inserted “and chapter 36 of this title” after “chapter” in introductory text.
Subsec. (a)(9). Pub. L. 96–466, § 801(c)(2), substituted “The” for “For the purposes of this chapter and chapter 36 of this title, the”.
Subsec. (a)(10). Pub. L. 96–466, §§ 327(a), 801(c)(2), substituted “The” for “For the purposes of this chapter and chapter 36 of this title, the” and inserted provision including within the term “institution of higher learning” an educational institution which is not located in a State, which offers a course leading to a standard college degree, or the equivalent, and which is recognized as such by the secretary of education (or comparable official) of the country or other jurisdiction in which the institution is located.
Subsec. (a)(11). Pub. L. 96–466, § 801(c)(2), (3), substituted “The” for “For the purposes of this chapter and chapter 36 of this title, the” and “Secretary of Education” for “Commissioner of Education”.
1976
Subsec. (a)(1). Pub. L. 94–502, § 310(2), substituted “surviving spouse” for “widow” and “spouse” for “wife” in two places.
Subsec. (a)(10), (11). Pub. L. 94–502, § 302, added pars. (10), (11).
Subsec. (b). Pub. L. 94–502, § 310(3), substituted “the person’s” for “his” and “the eligible person” for “the eligible person himself”.
Subsec. (c). Pub. L. 94–502, § 310(4), substituted “such person’s” for “his” and “be the eligible person” for “be the eligible person himself” in the parenthetical phrase.
Subsec. (d). Pub. L. 94–502, § 310(5), substituted “such person” for “he” in three places.
1974
Subsec. (a)(4). Pub. L. 93–295 substituted “any other person who has been appointed by the Administrator under section 3202 of this title to receive payment of benefits for the use and benefit of the eligible person” for “any person who is determined by the Administrator in accordance with section 3202 of this title to be otherwise legally vested with the care of the eligible person”.
1972
Subsec. (a)(6). Pub. L. 92–540, § 309(1), inserted reference to correspondence school within the definition of “educational institution”.
Subsec. (a)(9). Pub. L. 92–540, § 309(2), added par. (9).
1970
Subsec. (a)(1)(A). Pub. L. 91–584, § 1(3), added cl. (iii).
Subsec. (a)(1)(C), (D). Pub. L. 91–584, § 1(5), (6), added subpar. (C) and redesignated former subpar. (C) as (D).
1969
Subsec. (a)(2). Pub. L. 91–24 substituted “the age of twenty-three years” for “the age of twenty-one years”.
1968
Subsec. (a)(1). Pub. L. 90–631, § 2(b), extended the definition of “eligible person” to include the widow of any person who died of a service-connected disability, or the wife of any person who has a total disability permanent in nature resulting from a service-connected disability, or the widow of a veteran who died while a disability so evaluated was in existence.
Subsec. (d). Pub. L. 90–631, § 2(c), substituted provisions requiring that any eligible person seeking educational assistance under this chapter to have been discharged or released after each period he was on duty with the armed forces under conditions other than dishonorable, or while he is on duty with the armed forces, for provisions setting forth the purposes of educational assistance programs established under this chapter.
1966
Subsec. (a)(1). Pub. L. 89–358, § 4(j)(3), struck out “and prior to the end of the induction period” after “Spanish-American War”.
Subsec. (a)(3)(C). Pub. L. 89–358, § 4(j)(1), substituted “section 511(d) of title 10” for “section 1013(c)(1) of title 50”.
Subsec. (a)(8) to (10). Pub. L. 89–358, § 4(j)(2), struck out par. (8) including the Canal Zone in the term “State” (now incorporated in section 101(20) of this title) and par. (9) defining “induction period” and redesignated par. (10) as (8).
Subsec. (d). Pub. L. 89–358, § 4(j)(3), struck out “and prior to the end of the induction period” after “Spanish-American War”.
1965
Subsec. (a)(1). Pub. L. 89–349, § 1(a), (b), generally amended par. (1) and, among other changes, substituted “after the beginning of the Spanish-American War and prior to the end of the induction period” for “during the Spanish-American War, World War I, World War II, the Korean conflict, or the induction period” in first sentence.
Pub. L. 89–222 substituted “such service” the second time it appears for “service during the Spanish-American War, World War I, World War II, or the Korean conflict” and struck out provisions which prescribed the applicable standards and criteria for determining whether or not a disability arising out of service during the induction period is service-connected.
Subsec. (a)(9). Pub. L. 89–349, § 1(c), struck out provisions which included the period beginning , and ending , and the period beginning , and ending , within the term “induction period”.
Subsec. (d). Pub. L. 89–349, § 1(d), substituted “after the beginning of the Spanish-American War and prior to the end of the induction period” for “during the Spanish-American War, World War I, World War II, the Korean conflict, or the induction period”.
1964
Subsec. (a)(1). Pub. L. 88–361, § 1(a), included the child of a person who has a service-connected disability, or who died while such disability existed.
Subsec. (a)(10). Pub. L. 88–361, § 1(b), added par. (10).
Subsec. (d). Pub. L. 88–361, § 1(c), inserted “disability or” before “death” wherever appearing.
1960
Subsec. (a)(1). Pub. L. 86–785, § 1, substituted “the Korean conflict, or the induction period” for “or the Korean conflict”, inserted “arising out of service during the Spanish-American War, World War I, World War II, or the Korean conflict” after “whether or not a disability”, and inserted the sentence relating to the criteria for determining whether a disability arising out of service during the induction period is service connected.
Subsec. (a)(9). Pub. L. 86–785, § 2, added par. (9).
Subsec. (d). Pub. L. 86–785, § 3, substituted “the Korean conflict, or the induction period” for “or the Korean conflict”.
1959
Subsecs. (a)(1), (d). Pub. L. 86–236 inserted reference to Spanish-American War.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–328, div. U, title II, § 215(b), , 136 Stat. 5455, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on , and shall apply with respect to an academic period that begins on or after that date.”
Effective Date of 2006 Amendment
Pub. L. 109–461, title III, § 301(d), , 120 Stat. 3427, provided that: “The amendments made by this section [amending this section and sections 3511, 3512, 3540, 3563, 3686, and 5113 of this title] shall apply with respect to a payment of educational assistance for a course of education pursued after the date of the enactment of this Act [].”
Pub. L. 109–444, § 3(d), , 120 Stat. 3307, which provided that amendments made by section 3 of Pub. L. 109–444 would apply with respect to a payment of educational assistance for a course of education pursued after , was repealed by Pub. L. 109–461, title X, § 1006(b), , 120 Stat. 3468, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.
Effective Date of 2001 Amendment
Amendment by section 110(a) of Pub. L. 107–103 applicable to enrollments in courses beginning on or after , see section 110(b) of Pub. L. 107–103, set out as a note under section 3452 of this title.
Effective Date of 2000 Amendment
Amendment by section 122(a) of Pub. L. 106–419 effective , and applicable with respect to licensing and certification tests approved by the Secretary of Veterans Affairs on or after such date, see section 122(d) of Pub. L. 106–419, set out as a note under section 3032 of this title.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on , see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of Title 10, Armed Forces.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–466 effective , see section 802(c), (h) of Pub. L. 96–466, set out as a note under section 3452 of this title.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–502 effective , see section 703(b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.
Effective Date of 1974 Amendment
Amendment by Pub. L. 93–295 effective first day of second calendar month following , see section 401 of Pub. L. 93–295, set out as a note under section 1114 of this title.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90–631 effective first day of second calendar month which begins after , see section 6(a) of Pub. L. 90–631, set out as an Effective Date note under section 3500 of this title.
Eligible Person
Pub. L. 86–785, § 5, , 74 Stat. 1024, as amended by Pub. L. 87–815, § 2(b), , 76 Stat. 927, which contained a savings clause which granted five years of educational training to certain children of veterans dying of disabilities incurred subsequent to the Korean War, was repealed by Pub. L. 91–24, § 14(c), , 83 Stat. 35, effective , except as to any indebtedness which may be due the Government as the result of any benefits granted thereunder.
Children of Spanish-American War Veterans
Period of eligibility for educational assistance of children of Spanish-American War Veterans, see section 2 of Pub. L. 86–236, set out as a note under section 3512 of this title.
Termination of Eligibility Period
Termination of eligibility period for a wife or widow, or an eligible person eight years from , see section 604 of Pub. L. 92–540, set out as a note under section 3512 of this title.
The period referred to in section 1712 [now 3512] of this title as ending five years from , in the case of any individual who is an “eligible person” within the meaning of subsec. (a)(1) of this section solely by virtue of the amendment made by section 1 of Pub. L. 89–349 to this section, and who is above the age of seventeen years and below the age of twenty-three years on , see section 2 of Pub. L. 89–349, set out as a note under section 3512 of this title.
Credits
1958–2022 · 26 acts
- 1958Pub. L. 85–857, , 72 Stat. 1193, § 1701
- 1959Pub. L. 86–236, § 1, , 73 Stat. 471
- 1960Pub. L. 86–785, §§ 1–3, , 74 Stat. 1023
- 1964Pub. L. 88–361, § 1, , 78 Stat. 297
- 1965Pub. L. 89–222, § 3, , 79 Stat. 896
- 1965Pub. L. 89–349, § 1, , 79 Stat. 1313
- 1966Pub. L. 89–358, § 4(j), , 80 Stat. 24
- 1968Pub. L. 90–631, § 2(b), (c), , 82 Stat. 1332
- 1969Pub. L. 91–24, § 9(a), , 83 Stat. 34
- 1970Pub. L. 91–584, § 1, , 84 Stat. 1575
- 1972Pub. L. 92–540, title III, § 309, , 86 Stat. 1083
- 1974Pub. L. 93–295, title III, § 302, , 88 Stat. 184
- 1976Pub. L. 94–502, title III, §§ 302, 310(2)–(5), , 90 Stat. 2389, 2391
- 1980Pub. L. 96–466, title III, § 327(a), title VIII, § 801(c), , 94 Stat. 2197, 2216
- 1983Pub. L. 98–160, title VII, § 702(12), , 97 Stat. 1009
- 1989Pub. L. 101–237, title IV, § 423(b)(1)(A), , 103 Stat. 2092
- 1991Pub. L. 102–40, title IV, § 402(d)(1), , 105 Stat. 239
- 1991renumbered § 3501 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406
- 1996Pub. L. 104–106, div. A, title XV, § 1501(e)(2)(C), , 110 Stat. 501
- 2000Pub. L. 106–419, title I, §§ 114(a), 122(a), , 114 Stat. 1833
- 2001Pub. L. 107–103, title I, §§ 108(a), 110(a), , 115 Stat. 985, 986
- 2004Pub. L. 108–454, title I, § 106(a), , 118 Stat. 3602
- 2006Pub. L. 109–444, § 3(a), (b)(1), , 120 Stat. 3305
- 2006Pub. L. 109–461, title III, § 301(a), (b)(1), title X, § 1006(b), , 120 Stat. 3425, 3468
- 2021Pub. L. 116–283, div. A, title IX, § 926(a)(44), , 134 Stat. 3830
- 2022Pub. L. 117–328, div. U, title II, § 215(a), , 136 Stat. 5455.
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(Pub. L. 85–857, , 72 Stat. 1193, § 1701; Pub. L. 86–236, § 1, , 73 Stat. 471; Pub. L. 86–785, §§ 1–3, , 74 Stat. 1023; Pub. L. 88–361, § 1, , 78 Stat. 297; Pub. L. 89–222, § 3, , 79 Stat. 896; Pub. L. 89–349, § 1, , 79 Stat. 1313; Pub. L. 89–358, § 4(j), , 80 Stat. 24; Pub. L. 90–631, § 2(b), (c), , 82 Stat. 1332; Pub. L. 91–24, § 9(a), , 83 Stat. 34; Pub. L. 91–584, § 1, , 84 Stat. 1575; Pub. L. 92–540, title III, § 309, , 86 Stat. 1083; Pub. L. 93–295, title III, § 302, , 88 Stat. 184; Pub. L. 94–502, title III, §§ 302, 310(2)–(5), , 90 Stat. 2389, 2391; Pub. L. 96–466, title III, § 327(a), title VIII, § 801(c), , 94 Stat. 2197, 2216; Pub. L. 98–160, title VII, § 702(12), , 97 Stat. 1009; Pub. L. 101–237, title IV, § 423(b)(1)(A), , 103 Stat. 2092; Pub. L. 102–40, title IV, § 402(d)(1), , 105 Stat. 239; renumbered § 3501 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406; Pub. L. 104–106, div. A, title XV, § 1501(e)(2)(C), , 110 Stat. 501; Pub. L. 106–419, title I, §§ 114(a), 122(a), , 114 Stat. 1833; Pub. L. 107–103, title I, §§ 108(a), 110(a), , 115 Stat. 985, 986; Pub. L. 108–454, title I, § 106(a), , 118 Stat. 3602; Pub. L. 109–444, § 3(a), (b)(1), , 120 Stat. 3305; Pub. L. 109–461, title III, § 301(a), (b)(1), title X, § 1006(b), , 120 Stat. 3425, 3468; Pub. L. 116–283, div. A, title IX, § 926(a)(44), , 134 Stat. 3830; Pub. L. 117–328, div. U, title II, § 215(a), , 136 Stat. 5455.)