§ 3511. Duration of educational assistance

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. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 3511

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1194, § 1711

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1194, § 1711

2. 1964

   Pub. L. 88–361 § 2 · 78 Stat. 297

   Added · 38 U.S.C. § 3511(d)

   Pub. L. 88–361 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 88–361 added subsec. (d).

   Enacted provision · exact public law section
   Sec. 2. Section 1711 of title 38, United States Code, is amended by adding a new subsection (d) as follows: “(d) If any child pursuing a program of education, or of specialized Loss of eligibility. restorative training, under this chapter ceases to be an ‘eligible person’ because the parent from whom eligibility is derived is found to no longer have a ‘total disability permanent in nature’, as defined in section 1701(a)(10) of this title, then such child (if he has sufficient, remaining entitlement) may, nevertheless, be afforded educational assistance under this chapter until the end of a quarter or semester for which enrolled if the educational institution in which he is enrolled is operated on a quarter or semester system, or if the educational institution is not so operated until the end of the course, or until nine weeks have expired, whichever first occurs.”

3. 1966

   Veterans

   Pub. L. 89–358 § 4(k) · 80 Stat. 12

   1. Substituted · 38 U.S.C. § 3511(b)

      Pub. L. 89–358 substituted “34” for “33”

   2. Inserted · 38 U.S.C. § 3511(b)

      Pub. L. 89–358 inserted “or under chapter 33 of this title as in effect before February 1, 1965”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–358 substituted “34” for “33” and inserted “or under chapter 33 of this title as in effect before February 1, 1965”.

   Enacted provision · exact public law section
   (k) Section 1711(b) of such title 38 is amended by striking out “33” and inserting in lieu thereof “34”, and by inserting immediately before the period at the end thereof the following: “or under chapter 33 of this title as in effect before February 1, 1965”.

4. 1968

   Pub. L. 90–631 · 82 Stat. 1331

   Redesignated · 38 U.S.C. § 3511(b)

   Pub. L. 90–631, §§ 1(c), 2(d), redesignated subsec. (d) as (b) and extended applicability of subsec. from any child pursuing a program of education or training to any eligible person pursuing such program, and expanded causes of persons ceasing to be “eligible persons” to include spouses no longer found to have a “total disability permanent in nature” as defined under section 1701(a)(10) of this title, and the individual, as an eligible person under section 1701(a)(1)(C) of this title, is divorced, without fault on her part, from the person upon whose disability her eligibility is based. Former subsec. (b), setting forth reductions in the period of entitlement of an eligible person, was struck out

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 90–631, §§ 1(c), 2(d), redesignated subsec. (d) as (b) and extended applicability of subsec. from any child pursuing a program of education or training to any eligible person pursuing such program, and expanded causes of persons ceasing to be “eligible persons” to include spouses no longer found to have a “total disability permanent in nature” as defined under section 1701(a)(10) of this title, and the individual, as an eligible person under section 1701(a)(1)(C) of this title, is divorced, without fault on her part, from the person upon whose disability her eligibility is based. Former subsec. (b), setting forth reductions in the period of entitlement of an eligible person, was struck out.

5. 1968

   Pub. L. 90–631 § 1(c) · 82 Stat. 1331

   Struck · 38 U.S.C. § 3511(c)

   Pub. L. 90–631, § 1(c), struck out subsec. (c) which required an eligible person to elect either educational assistance or vocational rehabilitation when such person is entitled to both, or becomes entitled to vocational rehabilitation after receiving educational assistance

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 90–631, § 1(c), struck out subsec. (c) which required an eligible person to elect either educational assistance or vocational rehabilitation when such person is entitled to both, or becomes entitled to vocational rehabilitation after receiving educational assistance.

   Enacted provision · exact public law section
   (1) by amending subsection (a) to read as follows: “(a) Except as provided in subsection (c) and in the second sentence of this subsection, each eligible veteran shall be entitled to educational assistance under this chapter for a period of one and one-half months (or the equivalent thereof in part-time educational assistance) for each month or fraction thereof of his service on active duty after January 31, 1955. If an eligible veteran has served a period of 18 months or more on active duty after January 31, 1955, and has been released from such service under conditions that would satisfy his active duty obligation, he shall be entitled to educational assistance under this chapter for a period of 36 months (or the equivalent thereof in part-time educational assistance).”,

6. 1968

   Pub. L. 90–631 § 1(c) · 82 Stat. 1331

   Redesignated · 38 U.S.C. § 3511(d)

   Pub. L. 90–631, § 1(c), redesignated subsec. (d) as (b)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 90–631, § 1(c), redesignated subsec. (d) as (b).

   Enacted provision · exact public law section
   (1) by amending subsection (a) to read as follows: “(a) Except as provided in subsection (c) and in the second sentence of this subsection, each eligible veteran shall be entitled to educational assistance under this chapter for a period of one and one-half months (or the equivalent thereof in part-time educational assistance) for each month or fraction thereof of his service on active duty after January 31, 1955. If an eligible veteran has served a period of 18 months or more on active duty after January 31, 1955, and has been released from such service under conditions that would satisfy his active duty obligation, he shall be entitled to educational assistance under this chapter for a period of 36 months (or the equivalent thereof in part-time educational assistance).”,

7. 1969

   Pub. L. 91–24 § 9(b) · 83 Stat. 33

   Substituted · 38 U.S.C. § 3511(b)(1)

   Pub. L. 91–24 substituted “section 1701(a)(8) of this title” for “section 1701(a)(10) of this title”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 91–24 substituted “section 1701(a)(8) of this title” for “section 1701(a)(10) of this title”.

   Enacted provision · exact public law section
   (b) by deleting in section 1711(b)(1) “section 1701(a) (10)” and inserting in lieu thereof “section 1701(a)(8)”; and

8. 1970

   Pub. L. 91–584 § 2 · 84 Stat. 1575

   1. Added · 38 U.S.C. § 3511(b)

      Pub. L. 91–584 added par. (2)

   2. Redesignated · 38 U.S.C. § 3511(b)

      Pub. L. 91–584 redesignated former par. (2) as (3)

   3. Substituted · 38 U.S.C. § 3511(b)

      Pub. L. 91–584 substituted “1701(a)(1)(D)” for “1701(a)(1)(C)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 91–584 added par. (2), redesignated former par. (2) as (3), and substituted “1701(a)(1)(D)” for “1701(a)(1)(C)”.

   Enacted provision · exact public law section
   Sec. 2. Section 1711(b) of title 38, United States Code, is 82 Stat. 1332. amended by— (1) striking out the word “or” at the end of paragraph (1); (2) redesignating paragraph “(2)” as paragraph “(3)”; and (3) inserting a new paragraph (2) to read as follows: “(2) the parent or spouse from whom eligibility is derived based upon the provisions of section 1701(a)(1)(A)(iii) or Supra. 1701(a)(1)(C) of this title is no longer listed in one of the categories specified therein, or”; and (4) striking out “1701(a)(1)(C)” in redesignated paragraph (3) and inserting in lieu thereof “1701(a)(1)(D)”.

9. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 § 303(1) · 90 Stat. 2383

   Substituted · 38 U.S.C. § 3511(a)

   Pub. L. 94–502, § 303(1), substituted “45 months” for “thirty-six months”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–502, § 303(1), substituted “45 months” for “thirty-six months”.

   Enacted provision · exact public law section
   (1) by striking out in subsection (a) “thirty-six” and inserting in lieu thereof “45”; and

10. 1976

    Veterans’ Education and Employment Assistance Act of 1976

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

    1. Substituted · 38 U.S.C. § 3511(b)

       Pub. L. 94–502, §§ 303(2), 310(6), substituted “the spouse” for “she”

    2. Substituted · 38 U.S.C. § 3511(b)

       Pub. L. 94–502, §§ 303(2), 310(6), substituted “such person’s” for “her”

    3. Substituted · 38 U.S.C. § 3511(b)

       Pub. L. 94–502, §§ 303(2), 310(6), substituted “such person” for “he or she”

    4. Substituted · 38 U.S.C. § 3511(b)

       Pub. L. 94–502, §§ 303(2), 310(6), substituted “12 weeks” for “nine weeks”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–502, §§ 303(2), 310(6), substituted “the spouse” for “she”, “such person’s” for “her” in two places, “such person” for “he or she” in two places, and “12 weeks” for “nine weeks”.

    Enacted provision · exact public law
    TITLE III— CHAPTER 35 SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE RATE AND PROGRAM ADJUSTMENTS Sec. 301. Chapter 35 of title 38, United States Code, is amended— (1) by striking out in section 1732(b) “$217” and inserting in 38 USC 1732. lieu thereof “$235”; and (2) by amending subsection (a) of section 1742 to read as 38 USC 1742. follows: “(a) While the eligible person is enrolled in and pursuing a full-time course of special restorative training, the parent or guardian shall be entitled to receive on behalf of such person a special training allowance computed at the basic rate of $292 per month. If the charges for tuition and fees applicable to any such course are more than $92 per calendar month, the basic monthly allowance may be increased by the amount that such charges exceed $92 a month, upon election by the parent or guardian of the eligible person to have such person’s period of entitlement reduced by one day for each $9.76 that the special training allowance paid exceeds the basic monthly allowance.”. 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.”. Sec. 303. Section 1711 of title 38, United States Code, as amended— (1) by striking out in subsection (a) “thirty-six” and inserting in lieu thereof “45”; and (2) by striking out in subsection (b) “nine” and inserting in lieu thereof “12”. Sec. 304. Section 1712 of title 38, United States Code, is amended— (1) by striking out in clauses (3) and (4) of subsection (a) “five” each time it appears and inserting in lieu thereof “8”; (2) by amending clause (5) of subsection (a) to read as follows: “(5) (A) if such person is enrolled in an educational institution regularly operated on the quarter or semester system and such period ends during a quarter or semester, such period shall be extended to the end of the quarter or semester; or “(B) if such person is enrolled in an educational institution operated on other than a quarter or semester system and such period ends after a major portion of the course is completed, such period shall be extended to the end of the course, or until 12 weeks have expired, whichever first occurs.”; and (3) by repealing subsection (d) and redesignating subsections (e), (f), and (g), as subsections (d), (o), and (f), respectively. Sec. 305. Section 1713 of title 38, United States Code, is amended to read as follows: “The parent or guardian of a person or the eligible person if such person has attained legal majority for whom educational assistance is sought 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. If the Administrator finds that the person on whose behalf the application is submitted is an eligible person, the Administrator shall approve the application provisionally. The Administrator shall notify the parent or guardian or eligible person (if the person has attained legal majority) of the provisional approval or of the disapproval of the application.”. Sec. 306. Section 1723(a) of title 38, United States Code, is amended— (1) by striking out at the end of clause (2) “or”; (2) by striking out at the end of clause (3) the period and inserting in lieu thereof “; or”; and (3) by adding at the end thereof a new clause (4) as follows: “(4) any independent study program except one leading to a Standard college degree.”. Sec. 307. Section 1724 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 an eligible person is not progressing at a rate that will permit such person to graduate within the approved length of the course based on the framing time as certified to the Veterans’ Administration.”. Sec. 308. Section 1732(c) of title 38, United States Code, is amended by adding a new paragraph (3) at the end thereof as follows: “(3) The, monthly educational assistance allowance to be paid on behalf of an eligible person pursuing an independent study program which leads to a standard college degree shall be computed at the rate prescribed in section 1682(e) of this title.”. Sec. 309. (a) The title of chapter 35 of title 38, United States Code, is amended by striking out “CHAPTER 35— WAR ORPHANS’ AND WIDOWS’ EDUCATIONAL ASSISTANCE” and inserting in lieu thereof “CHAPTER 35— SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE” (b) The table of chapters at the beginning of title 38, United States Code, and the table of chapters at the beginning of part III of such title are each amended by striking out “35. War Orphans’ and Widows’ Education Assistance and inserting in lieu thereof “35. Survivors’ and Dependents’ Educational Assistance (c) Section 1731(a) is amended by striking out “section 1780” and 38 USC 1731. inserting in lien thereof “chapter 36”. Sec. 310. Chapter 35 of title 38, United States Code, is amended— (1) by striking out in section 1700 “widows”, “wives”, and “his” 38 USC 1700. each time they appear and inserting in lieu thereof “surviving spouses”, “spouses”, and “the veteran’s”, respectively; (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; (3) by striking out in section 1701(b) “his” and inserting in lieu thereof “the person’s” and by striking out “himself”; (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”; (5) by striking out in section 1701(d) “he” each time it appears and inserting in lieu thereof “such person”; (6) by striking out in section 1711(b) “she” the first time it 38 USC 1711. appears and inserting in lieu thereof “the spouse”, by striking out “her” each time it appears and inserting in lieu thereof “such person’s”, and by striking out “he or she” each time it appears and inserting in lieu thereof “such person”; (7) by striking out in section 1712(a) “him”, “his”, and “he” 38 USC 1712. each time they appear and inserting in lieu thereof “the person”, “the person’s, and “the person”, respectively; (8) by striking out in section 1712(c) “him”, “he”, “his” each time they appear and inserting in lieu thereof “such person”, “such person”, and “such person’s”, respectively; (9) by striking out in subsections (c) and (i) of section 1712 (as redesignated by section 304(3) of this Act) “her” and “he” and inserting in lieu thereof “the” and “such person”, respectively; (10) by striking out in section 1720(a) “his” each time it 38 USC 1720. appears and inserting in lieu thereof “such person’s”; (11) by striking out in section 1721 “he” and inserting in lieu 38 USC 1721. thereof “the Administrator”; (12) by striking out in section 1723(a) “he” and “his” and inserting in lieu thereof “the Administrator” and “the person’s”, respectively; (13) by striking out in section 1723(c) “his” and “he” and inserting in lieu thereof “the Administrator’s” and “the Administrator”, respectively; (14) by striking out in section 1723(d) “his” each time it appears and insetting in lieu thereof “such person’s”; (15) by striking out in section 1724 “he” the first time it appears and inserting in lieu thereof “such person”, by striking out “his” each time it appears and inserting in lieu thereof “the person’s”, and by striking out “he” the second time it appears and inserting in lieu thereof “the Administrator”; (16) by striking out in section 1731(b) “his” and “he” and inserting in lieu thereof “the person’s” and “the person”, respectively; (17) by striking out in section 1733(a) “wife or widow” and “she” and inserting in lieu thereof “spouse or surviving spouse” and “such spouse”, respectively; (18) by striking out in section 1733(b) “he” and inserting in lieu thereof “such person”; (19) by striking out in section 1734(b) “wife or widow” and inserting in lieu thereof “spouse or surviving spouse”; (20) by striking out in section 1736 “he” and inserting in lieu thereof “the Administrator”; (21) by striking out in section 1741(b) “he” and inserting in lieu thereof “the Administrator”; (22) by striking out in subsections (a) and (b) of section 1743 “his” and “he” each time they appear and inserting in lieu thereof “the Administrator’s” and “the Administrator”, respectively; (23) by striking out in section 1761(a) “he” and inserting in lieu thereof “the Administrator”; and (24) by striking out in section 1763 “his” and inserting in lieu thereof “such person’s”.

11. 1991

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

    Changed · 38 U.S.C. § 3511

    Pub. L. 102–83, § 5(a), renumbered section 1711 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1711 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.

12. 1991

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

    1. Substituted · 38 U.S.C. § 3511(b)

       Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(8)” for “1701(a)(8)” in par. (3)

    2. Substituted · 38 U.S.C. § 3511(b)

       Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(1)(A)(iii) or 3501(a)(1)(C)” for “1701(a)(1)(A)(iii) or 1701(a)(1)(C)” in par. (3)

    3. Substituted · 38 U.S.C. § 3511(b)

       Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(1)(D)” for “1701(a)(1)(D)” in par. (3)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(8)” for “1701(a)(8)” in par. (1), “3501(a)(1)(A)(iii) or 3501(a)(1)(C)” for “1701(a)(1)(A)(iii) or 1701(a)(1)(C)” in par. (2), and “3501(a)(1)(D)” for “1701(a)(1)(D)” in par. (3).

    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.

13. 1991

    Veterans’ Educational Assistance Amendments of 1991

    Pub. L. 102–127 § 2(c) · 105 Stat. 619

    1. Amended · 38 U.S.C. § 3511(a)

       Pub. L. 102–127 designated existing provisions as par. (1)

    2. Added · 38 U.S.C. § 3511(a)

       Pub. L. 102–127 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–127 designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (c) Chapter 35 Program.— Section 3511(a) of such title is amended— (1) by striking out “Each” and inserting in lieu thereof “(1) Each”; and (2) by adding at the end the following new paragraph: “(2) (A) Notwithstanding any other provision of this chapter or chapter 86 of this title, any payment of an educational assistance allowance described in subparagraph (B) of this paragraph shall not— “(i) be charged against the entitlement of any individual under this chapter; or “(ii) be counted toward the aggregate period for which section 3695 of this title limits an individual’s receipt of assistance. “(B) The payment of the educational assistance allowance referred to in subparagraph (A) of this paragraph is the payment of such an allowance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual— “(i) had to discontinue such course pursuit as a result of being ordered, in connection with the Persian Gulf War, to serve on active duty under section 672 (a), (d), or (g), 673, 673b, or 688 of title 10; and “(ii) failed to receive credit or training time toward completion of the individual’s approved educational, professional, or vocational objective as a result of having to discontinue, as described in clause (i) of this subparagraph, his or her course pursuit. “(C) The period for which, by reason of this subsection, an educational assistance allowance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the portion of the period of enrollment in the course or courses for which the individual failed to receive credit or with respect to which the individual lost training time, as determined under subparagraph (B)(ii) of this paragraph.”.

14. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 § 108(c)(1) · 115 Stat. 976

    Inserted · 38 U.S.C. § 3511(a)(1)

    Pub. L. 107–103, § 108(c)(1), inserted at end “In no event may the aggregate educational assistance afforded to a spouse made eligible under both 3501(a)(1)(D)(i) and 3501(a)(1)(D)(ii) of this title exceed 45 months.”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 107–103, § 108(c)(1), inserted at end “In no event may the aggregate educational assistance afforded to a spouse made eligible under both 3501(a)(1)(D)(i) and 3501(a)(1)(D)(ii) of this title exceed 45 months.”

    Enacted provision · exact public law section
    (1) Section 3511(a)(1) is amended by adding at the end the following new sentence: “In no event may the aggregate educational assistance afforded to a spouse made eligible under both 3501(a)(1)(D)(i) and 3501(a)(1)(D)(ii) of this title exceed 45 months.”.

15. 2001

    Veterans Education and Benefits Expansion Act of 2001

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

    Substituted · 38 U.S.C. § 3511(a)(2)(B)(i)

    Pub. L. 107–103, § 103(a), substituted “to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10;” for “, in connection with the Persian Gulf War, to serve on active duty under section 672(a), (d), or (g), 673, 673b, or 688 of title 10;”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(i). Pub. L. 107–103, § 103(a), substituted “to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10;” for “, in connection with the Persian Gulf War, to serve on active duty under section 672(a), (d), or (g), 673, 673b, or 688 of title 10;”.

    Enacted provision · exact public law section
    (a) In General.— Sections 3013(f)(2)(A), 3231(a)(5)(B)(i), and 3511(a)(2)(B)(i) are each amended by striking “, in connection with the Persian Gulf War, to serve on active duty under section 672 (a), (d), or (g), 673, 673b, or 688 of title 10;” and inserting “to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10;”.

16. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 § 108(b)(1) · 115 Stat. 976

    Added · 38 U.S.C. § 3511(c)

    Pub. L. 107–103, § 108(b)(1), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–103, § 108(b)(1), added subsec. (c).

    Enacted provision · exact public law section
    (1) Section 3511 is amended by adding at the end the following new subsection: “(c) Any entitlement used by an eligible person as a result of eligibility under section 3501(a)(1)(A)(iii), 3501(a)(1)(C), or 3501(a)(1)(D)(i) of this title shall be deducted from any entitlement to which such person may subsequently be entitled under this chapter.”.

17. 2006

    Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 title V § 503(7) · 120 Stat. 397

    Inserted · 38 U.S.C. § 3511(a)(1)

    Pub. L. 109–233 inserted “sections” after “under both”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–233 inserted “sections” after “under both”.

    Enacted provision · exact public law section
    (7) Insertion of missing word.— Section 3511(a)(1) is amended by inserting “sections” after “under both”.

18. 2006

    Pub. L. 109–444 § 3(b)(2)(A) · 120 Stat. 3304

    1. Substituted · 38 U.S.C. § 3511(a)(1)

       Pub. L. 109–444, § 3(b)(2)(A), which substituted “Each eligible person, whether made eligible by one or more of the provisions of section 3501(a)(1) of this title,” for “Each eligible person” in first sentence

    2. Substituted · 38 U.S.C. § 3511(a)(1)

       Pub. L. 109–444, § 3(b)(2)(A), which substituted “an aggregate period” for “a period” in first sentence

    3. Struck · 38 U.S.C. § 3511(a)(1)

       Pub. L. 109–444, § 3(b)(2)(A), which struck out second sentence, 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)(2)(A), which substituted “Each eligible person, whether made eligible by one or more of the provisions of section 3501(a)(1) of this title,” for “Each eligible person” and “an aggregate period” for “a period” in first sentence and struck out second sentence, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (A) in subsection (a)(1)— (i) by striking “Each eligible person” and inserting the following: “Each eligible person, whether made eligible by one or more of the provisions of section 3501(a)(1) of this title,”; (ii) by striking “a period” and inserting “an aggregate period”; and (iii) by striking the second sentence;

19. 2006

    Pub. L. 109–444 § 3(b)(2)(B)(i) · 120 Stat. 3304

    1. Substituted · 38 U.S.C. § 3511(b)(2)

       Pub. L. 109–444, § 3(b)(2)(B)(i), which substituted “section” for “the provisions of section 3501(a)(1)(A)(iii) or”

    2. Struck · 38 U.S.C. § 3511(b)(2)

       Pub. L. 109–444, § 3(b)(2)(B)(i), which struck out “or” at end, 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)(2)(B)(i), which substituted “section” for “the provisions of section 3501(a)(1)(A)(iii) or” and struck out “or” at end, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (i) in paragraph (2)— (I) by striking “the provisions of section 3501(a)(1)(A)(iii) or” and inserting “section”; and (II) by striking “or” at the end;

20. 2006

    Pub. L. 109–444 § 3(b)(2)(B)(ii) · 120 Stat. 3304

    1. Substituted · 38 U.S.C. § 3511(b)(3)

       Pub. L. 109–444, § 3(b)(2)(B)(ii), which substituted “subparagraph (D) or (E) of section 3501(a)(1)” for “section 3501(a)(1)(D)”

    2. Inserted · 38 U.S.C. § 3511(b)(3)

       Pub. L. 109–444, § 3(b)(2)(B)(ii), which inserted “or” after comma at end, 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)(2)(B)(ii), which substituted “subparagraph (D) or (E) of section 3501(a)(1)” for “section 3501(a)(1)(D)” and inserted “or” after comma at end, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (ii) in paragraph (3)— (I) by striking “section 3501(a)(1)(D)” and inserting “subparagraph (D) or (E) of section 3501(a)(1)”; and (II) by inserting “or” after the comma at the end; and

21. 2006

    Pub. L. 109–444 § 3(b)(2)(B)(iii) · 120 Stat. 3304

    Added · 38 U.S.C. § 3511(b)(4)

    Pub. L. 109–444, § 3(b)(2)(B)(iii), which added par. (4) identical to that added by Pub. L. 109–461, § 301(b)(2)(B)(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(b)(2)(B)(iii), which added par. (4) identical to that added by Pub. L. 109–461, § 301(b)(2)(B)(iii), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (iii) by inserting after paragraph (3) the following new paragraph: “(4) the parent or spouse from whom such eligibility is derived based upon subparagraph (E) of section 3501(a)(1) of this title no longer meets a requirement under clause (i), (ii), or (iii) of that subparagraph,” ; and

22. 2006

    Pub. L. 109–444 § 3(b)(2)(C) · 120 Stat. 3304

    Struck · 38 U.S.C. § 3511(c)

    Pub. L. 109–444, § 3(b)(2)(C), which struck out subsec. (c), 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)(2)(C), which struck out subsec. (c), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (C) by striking subsection (c).

23. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 1006(b) · 120 Stat. 3403

    Changed · 38 U.S.C. § 3511

    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.

    Effective date note
    Amendment by section 301(b)(2) of Pub. L. 109–461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title. Pub. L. 109–461, title III, § 302(b), Dec. 22, 2006, 120 Stat. 3428, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to a payment of educational assistance allowance made after September 11, 2001.”

24. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 301(b)(2)(A) · 120 Stat. 3403

    1. Substituted · 38 U.S.C. § 3511(a)(1)

       Pub. L. 109–461, § 301(b)(2)(A), substituted “Each eligible person, whether made eligible by one or more of the provisions of section 3501(a)(1) of this title,” for “Each eligible person” in first sentence

    2. Substituted · 38 U.S.C. § 3511(a)(1)

       Pub. L. 109–461, § 301(b)(2)(A), substituted “an aggregate period” for “a period” in first sentence

    3. Struck · 38 U.S.C. § 3511(a)(1)

       Pub. L. 109–461, § 301(b)(2)(A), struck out second sentence, which read as follows: “In no event may the aggregate educational assistance afforded to a spouse made eligible under both sections 3501(a)(1)(D)(i) and 3501(a)(1)(D)(ii) of this title exceed 45 months.”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 109–461, § 301(b)(2)(A), substituted “Each eligible person, whether made eligible by one or more of the provisions of section 3501(a)(1) of this title,” for “Each eligible person” and “an aggregate period” for “a period” in first sentence and struck out second sentence, which read as follows: “In no event may the aggregate educational assistance afforded to a spouse made eligible under both sections 3501(a)(1)(D)(i) and 3501(a)(1)(D)(ii) of this title exceed 45 months.”

    Enacted provision · exact public law section
    (A) in subsection (a)(1)— (i) by striking “Each eligible person” and inserting the following: “Each eligible person, whether made eligible by one or more of the provisions of section 3501(a)(1) of this title,”; (ii) by striking “a period” and inserting “an aggregate period”; and (iii) by striking the second sentence;

    Effective date note
    Amendment by section 301(b)(2) of Pub. L. 109–461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title. Pub. L. 109–461, title III, § 302(b), Dec. 22, 2006, 120 Stat. 3428, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to a payment of educational assistance allowance made after September 11, 2001.”

25. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 302(a) · 120 Stat. 3403

    Inserted · 38 U.S.C. § 3511(a)(2)(B)(i)

    Pub. L. 109–461, § 302(a), inserted “or of being involuntarily ordered to full-time National Guard duty under section 502(f) of title 32” after “title 10”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(i). Pub. L. 109–461, § 302(a), inserted “or of being involuntarily ordered to full-time National Guard duty under section 502(f) of title 32” after “title 10”.

    Enacted provision · exact public law section
    (a) Restoration of Entitlement.— Section 3511(a)(2)(B)(i) 38 USC 3511. is amended by inserting after “title 10” the following: “or of being involuntarily ordered to full-time National Guard duty under section 502(f) of title 32”.

    Effective date note
    Amendment by section 301(b)(2) of Pub. L. 109–461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title. Pub. L. 109–461, title III, § 302(b), Dec. 22, 2006, 120 Stat. 3428, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to a payment of educational assistance allowance made after September 11, 2001.”

26. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 301(b)(2)(B)(i) · 120 Stat. 3403

    1. Substituted · 38 U.S.C. § 3511(b)(2)

       Pub. L. 109–461, § 301(b)(2)(B)(i), substituted “section” for “the provisions of section 3501(a)(1)(A)(iii) or”

    2. Struck · 38 U.S.C. § 3511(b)(2)

       Pub. L. 109–461, § 301(b)(2)(B)(i), struck out “or” at end

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 109–461, § 301(b)(2)(B)(i), substituted “section” for “the provisions of section 3501(a)(1)(A)(iii) or” and struck out “or” at end.

    Enacted provision · exact public law section
    (i) in paragraph (2)— (I) by striking “the provisions of section 3501(a)(1)(A)(iii) or” and inserting “section”; and (II) by striking “or” at the end;

    Effective date note
    Amendment by section 301(b)(2) of Pub. L. 109–461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title. Pub. L. 109–461, title III, § 302(b), Dec. 22, 2006, 120 Stat. 3428, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to a payment of educational assistance allowance made after September 11, 2001.”

27. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 301(b)(2)(B)(ii) · 120 Stat. 3403

    1. Substituted · 38 U.S.C. § 3511(b)(3)

       Pub. L. 109–461, § 301(b)(2)(B)(ii), substituted “subparagraph (D) or (E) of section 3501(a)(1)” for “section 3501(a)(1)(D)”

    2. Inserted · 38 U.S.C. § 3511(b)(3)

       Pub. L. 109–461, § 301(b)(2)(B)(ii), inserted “or” after comma at end

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 109–461, § 301(b)(2)(B)(ii), substituted “subparagraph (D) or (E) of section 3501(a)(1)” for “section 3501(a)(1)(D)” and inserted “or” after comma at end.

    Enacted provision · exact public law section
    (ii) in paragraph (3)— (I) by striking “section 3501(a)(1)(D)” and inserting “subparagraph (D) or (E) of section 3501(a)(1)”; and (II) by inserting “or” after the comma at the end; and

    Effective date note
    Amendment by section 301(b)(2) of Pub. L. 109–461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title. Pub. L. 109–461, title III, § 302(b), Dec. 22, 2006, 120 Stat. 3428, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to a payment of educational assistance allowance made after September 11, 2001.”

28. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 301(b)(2)(B)(iii) · 120 Stat. 3403

    Added · 38 U.S.C. § 3511(b)(4)

    Pub. L. 109–461, § 301(b)(2)(B)(iii), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 109–461, § 301(b)(2)(B)(iii), added par. (4).

    Enacted provision · exact public law section
    (iii) by inserting after paragraph (3) the following new paragraph: “(4) the parent or spouse from whom such eligibility is derived based upon subparagraph (E) of section 3501(a)(1) of this title no longer meets a requirement under clause (i), (ii), or (iii) of that subparagraph,” ; and

    Effective date note
    Amendment by section 301(b)(2) of Pub. L. 109–461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title. Pub. L. 109–461, title III, § 302(b), Dec. 22, 2006, 120 Stat. 3428, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to a payment of educational assistance allowance made after September 11, 2001.”

29. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 301(b)(2)(C) · 120 Stat. 3403

    Struck · 38 U.S.C. § 3511(c)

    Pub. L. 109–461, § 301(b)(2)(C), struck out subsec. (c), which read as follows: “Any entitlement used by an eligible person as a result of eligibility under section 3501(a)(1)(A)(iii), 3501(a)(1)(C), or 3501(a)(1)(D)(i) of this title shall be deducted from any entitlement to which such person may subsequently be entitled under this chapter.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–461, § 301(b)(2)(C), struck out subsec. (c), which read as follows: “Any entitlement used by an eligible person as a result of eligibility under section 3501(a)(1)(A)(iii), 3501(a)(1)(C), or 3501(a)(1)(D)(i) of this title shall be deducted from any entitlement to which such person may subsequently be entitled under this chapter.”

    Enacted provision · exact public law section
    (C) by striking subsection (c).

    Effective date note
    Amendment by section 301(b)(2) of Pub. L. 109–461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title. Pub. L. 109–461, title III, § 302(b), Dec. 22, 2006, 120 Stat. 3428, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to a payment of educational assistance allowance made after September 11, 2001.”

30. 2017

    Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 title II § 202 · 131 Stat. 973

    1. Substituted · 38 U.S.C. § 3511(a)(1)

       Pub. L. 115–48 substituted “chapter—” for “chapter for an aggregate period not in excess of 45 months (or to the equivalent thereof in part-time training)”

    2. Added · 38 U.S.C. § 3511(a)(1)

       Pub. L. 115–48 added subpars. (A) and (B)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 115–48 substituted “chapter—” for “chapter for an aggregate period not in excess of 45 months (or to the equivalent thereof in part-time training)” and added subpars. (A) and (B).

    Enacted provision · exact public law section
    SEC. 202. DURATION OF EDUCATIONAL ASSISTANCE UNDER SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE PROGRAM.   Section 3511(a)(1) is amended— (1) by striking “chapter for” and all that follows through the period and inserting “chapter—”; and (2) by adding at the end the following new subparagraphs: “(A) in the case of a person who first enrolls in a program of education using such entitlement before August 1, 2018, for an aggregate period not in excess of 45 months (or to the equivalent thereof in part-time training); or “(B) in the case of a person who first enrolls in a program of education using such entitlement on or after August 1, 2018, for an aggregate period not in excess of 36 months (or to the equivalent thereof in part-time training).” .

42 of 48 references resolved to an enrolled provision · 6 partial