§ 3512. Periods of eligibility

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. § 3512

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1194, § 1712

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1194, § 1712

2. 1962

   Pub. L. 87–815 § 2(a) · 76 Stat. 926

   1. Struck · 38 U.S.C. § 3512(a)

      Pub. L. 87–815, among other changes, struck out from cl. (3), provisions which it incorporated into cl. (4)

   2. Added · 38 U.S.C. § 3512(a)

      Pub. L. 87–815, among other changes, added to such cl. (4) the exclusion from the computation of the five year period, of all periods during which the person served on active duty before Aug. 1, 1962, pursuant to a call as a Reserve after July 30, 1961, or an extension of duty pursuant to Pub. L. 87–117

   3. Redesignated · 38 U.S.C. § 3512(a)

      Pub. L. 87–815, among other changes, redesignated former cl. (4) as (5)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 87–815, among other changes, struck out from cl. (3), provisions which it incorporated into cl. (4), added to such cl. (4) the exclusion from the computation of the five year period, of all periods during which the person served on active duty before Aug. 1, 1962, pursuant to a call as a Reserve after July 30, 1961, or an extension of duty pursuant to Pub. L. 87–117, and redesignated former cl. (4) as (5).

   Enacted provision · exact public law section
   (a) Section 1712(a) of title 38, United States Code, is amended by redesignating paragraph (4) as paragraph (5), and by striking out paragraph (3) and inserting in lieu thereof the following: “(3) if the death or the parent from whom eligibility is derived occurs after the eligible person’s eighteenth birthday but before his twenty-third birthday, then (unless paragrah (4) applies) such period shall end five years after the death of such parent; “(4) if he serves on duty with the Armed Forces as an eligible person after his eighteenth birthday but before his twenty-third birthday, then such period shall end five years after his first discharge or release from such duty with the Armed Forces (excluding from such five years all periods during which the eligible person served on active duty before August 1, 1962, pursuant to (A) a call or order thereto issued to him as a Reserve after July 30, 1961, or (B) an extension of an enlistment, appointment, or period of duty with the Armed Forces pursuant to section 2 of Public Law 87–117); however, in no event shall such period be extended beyond his thirty-first birthday by reason of this paragraph; and”.

3. 1962

   Pub. L. 87–819 § 2 · 76 Stat. 935

   Added · 38 U.S.C. § 3512(c)

   Pub. L. 87–819 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 87–819 added subsec. (c).

   Enacted provision · exact public law section
   Sec. 2. Section 1712 of title 38, United States Code, is amended Educational assistance beyond age limitation. 72 Stat. 1194. by adding at the end thereof a new subsection as follows: “(c) Notwithstanding the provisions of subsection (a) of this section, an eligible person may be afforded educational assistance beyond the age limitation applicable to him under such subsection if (1) he suspends pursuit of his program of education after having enrolled in such program within the time period applicable to him under such subsection, (2) he is unable to complete such program after the period of suspension and before attaining the age limitation applicable to him under such subsection, and (3) the Administrator finds that the suspension was due to conditions beyond the control of such person; but in no event shall educational assistance be afforded such person by reason of this subsection beyond the age limitation applicable to him under subsection (a) of this section plus a period of time equal to the period he was required to suspend the pursuit of his program, or beyond his thirty-first birthday, whichever is earlier.”

4. 1964

   Pub. L. 88–361 § 3(a) · 78 Stat. 297

   Inserted · 38 U.S.C. § 3512(a)(3)

   Pub. L. 88–361, § 3(a), inserted provisions relating to parents with a service-connected total disability permanent in nature

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 88–361, § 3(a), inserted provisions relating to parents with a service-connected total disability permanent in nature.

   Enacted provision · exact public law section
   (a) Section 1712(a)(3) of title 38, United States Code is 76 Stat. 926. amended to read as follows: “(3) if the Administrator first finds that the parent from whom Children between ages of 18 to 23. eligibility is derived has a service-connected total disability permanent in nature, or if the death of the parent from whom eligibility is derived occurs, after the eligible person’s eighteenth birthday but before his twenty-third birthday, then (unless paragraph (4) applies) such period shall end five years after, whichever date first occurs (A) the date on which the Administrator first finds that the parent from whom eligibility is derived has a service-connected total disability permanent in nature, or (B) the date of death of the parent from whom eligibility is derived;”.

5. 1964

   Pub. L. 88–361 § 3(b) · 78 Stat. 297

   Added · 38 U.S.C. § 3512(d)

   Pub. L. 88–361, § 3(b), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 88–361, § 3(b), added subsec. (d).

   Enacted provision · exact public law section
   (b) Section 1712 of title 38, United States Code, is amended by adding at the end thereof a new subsection as follows: “(d) Notwithstanding the provisions of subsection (a) of this Assistance beyond age limitation. section, an eligible person may be afforded educational assistance beyond the age limitation applicable to him under such subsection by a period of time equivalent to any period of time which elapses between the eighteenth birthday of such eligible person or the date on which an application for benefits of this chapter is filed on behalf of such eligible person, whichever is later, and the date of final approval of such application by the Administrator; but in no event shall educational assistance under this chapter be afforded an eligible person beyond his thirty-first birthday by reason of this subsection.”

6. 1967

   Veterans’ Pension and Readjustment Assistance Act of 1967

   Pub. L. 90–77 title III § 307(a) · 81 Stat. 178

   Substituted · 38 U.S.C. § 3512(a)

   Pub. L. 90–77 substituted “twenty-sixth” for “twenty-third” birthday in text preceding cl. (1) and in cls. (3) and (4)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 90–77 substituted “twenty-sixth” for “twenty-third” birthday in text preceding cl. (1) and in cls. (3) and (4).

   Enacted provision · exact public law section
   (a) Section 1712(a) of title 38, United States Code, is 72 Stat. 1194. amended by striking out “twenty-third birthday” each place where it appears therein and inserting in lieu thereof “twenty-sixth birth-day”.

7. 1968

   Pub. L. 90–631 § 2(e)(1) · 82 Stat. 1331

   Inserted · 38 U.S.C. § 3512(a)

   Pub. L. 90–631, § 2(e)(1), inserted “(within the meaning of section 1701(a)(1)(A))” after “to which an eligible person”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 90–631, § 2(e)(1), inserted “(within the meaning of section 1701(a)(1)(A))” after “to which an eligible person”.

   Enacted provision · exact public law section
   (1) by inserting immediately after “eligible person” the first place where it appears hi subsection (a) thereof the following: “(within the meaning of section 1701 (a)(1)(A))”, and

8. 1968

   Pub. L. 90–631 § 2(e)(2) · 82 Stat. 1331

   Substituted · 38 U.S.C. § 3512(b)

   Pub. L. 90–631, § 2(e)(2), substituted provisions that no person made eligible by section 1701(a) (1)(B) or (C) may be afforded educational assistance under this chapter beyond 8 years after whichever of the specified events last occurs for provisions that 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

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 90–631, § 2(e)(2), substituted provisions that no person made eligible by section 1701(a) (1)(B) or (C) may be afforded educational assistance under this chapter beyond 8 years after whichever of the specified events last occurs for provisions that 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.

   Enacted provision · exact public law section
   (2) by amending subsection (b) thereof to read as follows: “(b) No person made eligible by section 1701(a)(1)(B) or (C) of this chapter may be afforded educational assistance under this chapter beyond eight years after whichever hist occurs: “(1) the date on which the Administrator first finds the spouse from whom eligibility is derived has a service-connected total disability permanent in nature, or “(2) the date of death of the spouse from whom eligibility is derived.”

9. 1970

   Veterans Education and Training Amendments Act of 1970

   Pub. L. 91–219 § 208(1) · 84 Stat. 76

   Substituted · 38 U.S.C. § 3512(a)(3)

   Pub. L. 91–219, § 208(1), substituted “last occurs” for “first occurs”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 91–219, § 208(1), substituted “last occurs” for “first occurs”.

   Enacted provision · exact public law section
   (1) deleting in subsection (a) (3) the words “first occurs” immediately preceding “(A)” and inserting in lieu thereof “last occurs”; and

10. 1970

    Veterans Education and Training Amendments Act of 1970

    Pub. L. 91–219 § 208(2) · 84 Stat. 76

    Added · 38 U.S.C. § 3512(e)

    Pub. L. 91–219, § 208(2), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 91–219, § 208(2), added subsec. (e).

    Enacted provision · exact public law section
    (2) adding at the end thereof a new subsection as follows: “(e) The term ‘first finds’ as used in this section means the effective date of the rating or date of notification to the veteran from whom eligibility is derived establishing a service-connected total disability permanent in nature whichever is more advantageous to the eligible person.”

11. 1970

    Pub. L. 91–584 § 3(1) · 84 Stat. 1575

    Substituted · 38 U.S.C. § 3512(b)

    Pub. L. 91–584, § 3(1), substituted “1701(a)(1)(B) or (D)” for “1701(a)(1)(B) or (C)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 91–584, § 3(1), substituted “1701(a)(1)(B) or (D)” for “1701(a)(1)(B) or (C)”.

    Enacted provision · exact public law section
    (1) striking out “1701(a)(1)(B) or (C)” in subsection (b) and inserting in lieu thereof “1701(a)(1)(B) or (D)”; and

12. 1970

    Pub. L. 91–584 § 3(2) · 84 Stat. 1575

    Added · 38 U.S.C. § 3512(f); 38 U.S.C. § 3512(g)

    Pub. L. 91–584, § 3(2), added subsecs. (f) and (g)

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 91–584, § 3(2), added subsecs. (f) and (g).

    Enacted provision · exact public law section
    (2) adding at the end thereof the following new subsections: “(f) No person made eligible by section 1701 (a)(1)(C) of this title Supra. may be afforded educational assistance under this chapter beyond eight years after the date on which her spouse was listed by the Secretary concerned in one of the categories referred to in such section or the date of enactment of this subsection, whichever last occurs. “(g) Any entitlement used by any eligible person as a result of eligibility under the provisions of section 1701(a)(1)(A)(iii) or 1701 Ante, p. 1575. (a)(1)(C) of this title shall be deducted from any entitlement to which he may subsequently become entitled under the provisions of this chapter.”

13. 1972

    Vietnam Era Veterans’ Readjustment Assistance Act of 1972

    Pub. L. 92–540 title IV § 402(1) · 86 Stat. 1074

    Substituted · 38 U.S.C. § 3512(a)(2)

    Pub. L. 92–540 substituted reference to section 1736 of this title for reference to section 1737 of this title

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 92–540 substituted reference to section 1736 of this title for reference to section 1737 of this title.

    Enacted provision · exact public law section
    (1) deleting “1737” and inserting “1736” in section 1712(a)(2);

14. 1974

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

    Substituted · 38 U.S.C. § 3512(b)

    Pub. L. 93–337, § 2(1), substituted “may be afforded educational assistance under this chapter beyond 10 years” for “may be afforded educational assistance under this chapter beyond eight years”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 93–337, § 2(1), substituted “may be afforded educational assistance under this chapter beyond 10 years” for “may be afforded educational assistance under this chapter beyond eight years”.

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

15. 1974

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

    Substituted · 38 U.S.C. § 3512(f)

    Pub. L. 93–337, § 2(2), substituted “may be afforded educational assistance under this chapter beyond 10 years” for “may be afforded educational assistance under this chapter beyond eight years”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 93–337, § 2(2), substituted “may be afforded educational assistance under this chapter beyond 10 years” for “may be afforded educational assistance under this chapter beyond eight years”.

    Enacted provision · exact public law section
    (2) by deleting “eight” in subsection (f) and inserting in lieu thereof “10”.

16. 1976

    Veterans’ Education and Employment Assistance Act of 1976

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

    1. Substituted · 38 U.S.C. § 3512(a)

       Pub. L. 94–502, §§ 304(1), (2), 310(7), substituted “the person” for “he”

    2. Substituted · 38 U.S.C. § 3512(a)

       Pub. L. 94–502, §§ 304(1), (2), 310(7), substituted “the person’s” for “his”

    3. Substituted · 38 U.S.C. § 3512(a)

       Pub. L. 94–502, §§ 304(1), (2), 310(7), substituted “8 years” for “five years”

    4. Substituted · 38 U.S.C. § 3512(a)

       Pub. L. 94–502, §§ 304(1), (2), 310(7), substituted “such person” for “he”

    5. Substituted · 38 U.S.C. § 3512(a)

       Pub. L. 94–502, §§ 304(1), (2), 310(7), substituted “a quarter or semester” for “the last half of a quarter or semester”

    6. Substituted · 38 U.S.C. § 3512(a)

       Pub. L. 94–502, §§ 304(1), (2), 310(7), substituted “period ends after a major portion of the course is completed” for “periods ends during the last half of the course”

    7. Substituted · 38 U.S.C. § 3512(a)

       Pub. L. 94–502, §§ 304(1), (2), 310(7), substituted “12 weeks” for “nine weeks”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–502, §§ 304(1), (2), 310(7), substituted “the person” for “he” and “him” and “the person’s” for “his”, respectively, in the provision preceding cl. (1), and in cls. (1), (2), (3), and (4), in cls. (3) and (4) “8 years” for “five years”, and cl. (5), “such person” for “he”, “a quarter or semester” for “the last half of a quarter or semester”, “period ends after a major portion of the course is completed” for “periods ends during the last half of the course”, 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”.

17. 1976

    Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 § 310(8) · 90 Stat. 2383

    1. Substituted · 38 U.S.C. § 3512(c)

       Pub. L. 94–502, § 310(8), substituted “such person” for “him” wherever appearing

    2. Substituted · 38 U.S.C. § 3512(c)

       Pub. L. 94–502, § 310(8), substituted “such person’s” for “his” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 94–502, § 310(8), substituted “such person” for “him” and “he” wherever appearing, and “such person’s” for “his” wherever appearing.

    Enacted provision · exact public law section
    (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;

18. 1976

    Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 § 304(3) · 90 Stat. 2383

    Redesignated · 38 U.S.C. § 3512(d)

    Pub. L. 94–502, § 304(3), struck out subsec. (d) which authorized educational assistance to an eligible person beyond the age limits applicable to him under subsec. (a) of this section by a period of time equivalent to the period of time between his eighteenth birthday or the date of his application, whichever was later, and the date of approval of his application, but in no event beyond his thirty-first birthday. Former subsec. (e) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 94–502, § 304(3), struck out subsec. (d) which authorized educational assistance to an eligible person beyond the age limits applicable to him under subsec. (a) of this section by a period of time equivalent to the period of time between his eighteenth birthday or the date of his application, whichever was later, and the date of approval of his application, but in no event beyond his thirty-first birthday. Former subsec. (e) redesignated (d).

    Enacted provision · exact public law section
    (3) by repealing subsection (d) and redesignating subsections (e), (f), and (g), as subsections (d), (o), and (f), respectively.

19. 1976

    Veterans’ Education and Employment Assistance Act of 1976

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

    1. Redesignated · 38 U.S.C. § 3512(e)

       Pub. L. 94–502, §§ 304(3), 310(9), redesignated subsec. (f) as (e)

    2. Redesignated · 38 U.S.C. § 3512(e)

       Pub. L. 94–502, §§ 304(3), 310(9), substituted “the spouse” for “her spouse”. Former subsec. (e) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 94–502, §§ 304(3), 310(9), redesignated subsec. (f) as (e) and substituted “the spouse” for “her spouse”. Former subsec. (e) redesignated (d).

    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”.

20. 1976

    Veterans’ Education and Employment Assistance Act of 1976

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

    1. Redesignated · 38 U.S.C. § 3512(f); 38 U.S.C. § 3512(g)

       Pub. L. 94–502, §§ 304(3), 310(9), redesignated subsec. (g) as (f)

    2. Redesignated · 38 U.S.C. § 3512(f); 38 U.S.C. § 3512(g)

       Pub. L. 94–502, §§ 304(3), 310(9), substituted “such person” for “he”. Former subsec. (f) redesignated (e)

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 94–502, §§ 304(3), 310(9), redesignated subsec. (g) as (f) and substituted “such person” for “he”. Former subsec. (f) redesignated (e).

    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”.

21. 1977

    GI Bill Improvement Act of 1977

    Pub. L. 95–202 § 203(a)(2) · 91 Stat. 1433

    1. Amended · 38 U.S.C. § 3512(b)

       Pub. L. 95–202, § 203(a)(2), designated existing provisions as par. (1) and former cls. (1) and (2) thereof as cls. (A) and (B)

    2. Added · 38 U.S.C. § 3512(b)

       Pub. L. 95–202, § 203(a)(2), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–202, § 203(a)(2), designated existing provisions as par. (1) and former cls. (1) and (2) thereof as cls. (A) and (B), and added par. (2).

    Enacted provision · exact public law section
    (2) Section 1712(b) of title 38, United States Code, is amended by— (A) inserting “(1)” after “(b)”, (B) redesignating clauses (1) and (2) as clauses (A) and (B), and (C) adding at the end thereof the following new paragraph: “(2) Notwithstanding the provisions of paragraph (1) of this subsection, in the case of any eligible person (as defined in section 1701(a)(1)(B), (C), or (D) of this chapter) who was prevented 38 USC 1701. from initiating or completing such person’s chosen program of education within such period because of a physical or mental disability which was not the result of such person’s own willfull misconduct, such person shall, upon application, be granted an extension of the applicable delimiting period for such length of time as the Administrator determines, from the evidence, that such person was prevented from initiating or completing such program of education.”.

22. 1977

    GI Bill Improvement Act of 1977

    Pub. L. 95–202 § 203(b)(2) · 91 Stat. 1433

    1. Added · 38 U.S.C. § 3512(f); 38 U.S.C. § 3512(g)

       Pub. L. 95–202, § 203(b)(2), added subsec. (f)

    2. Redesignated · 38 U.S.C. § 3512(f); 38 U.S.C. § 3512(g)

       Pub. L. 95–202, § 203(b)(2), redesignated former subsec. (f) as (g)

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 95–202, § 203(b)(2), added subsec. (f) and redesignated former subsec. (f) as (g).

    Enacted provision · exact public law section
    (2) Section 1712 of title 38, United States Code, is amended by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following new subsection: “(f) Any eligible person (as defined in section 1701(a)(1) (B), (C), or (D) of this chapter) shall be entitled to an additional period of eligibility for an education loan under subchapter III of chapter 36 of this title beyond the maximum period provided for in this section pursuant to the same terms and conditions set forth with respect to an Ante, p. 1439. eligible veteran in section 1662 (a)(2) of this title.”.

23. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 321 · 94 Stat. 2171

    1. Added · 38 U.S.C. § 3512(a)(5); 38 U.S.C. § 3512(a)(6)

       Pub. L. 96–466, § 321, added cl. (5)

    2. Redesignated · 38 U.S.C. § 3512(a)(5); 38 U.S.C. § 3512(a)(6)

       Pub. L. 96–466, § 321, redesignated former cl. (5) as (6)

    Source evidence

    Code amendment note
    Subsec. (a)(5), (6). Pub. L. 96–466, § 321, added cl. (5) and redesignated former cl. (5) as (6).

    Enacted provision · exact public law section
    Sec. 321. extension of dependents’ period of eligibility in certain cases Section 1712(a) is amended by— 38 USC 1712. (1) striking out “and” at the end of clause (4); (2) redesignating clause (5) as clause (6); and (3) inserting after clause (4) the following new clause (5): “(5) if the person becomes eligible by reason of the provisions of section 1701(a)(1)(A)(iii) of this title after the person’s eighteenth 38 USC 1701. birthday but before the person’s twenty-sixth birthday, then (unless clause (4) of this subsection applies) such period shall end eight years after the date on which the person becomes eligible by reason of such provisions, but in no event shall such period be extended beyond the person’s thirty-first birthday by reason of this clause; and”.

24. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 322 · 94 Stat. 2171

    1. Inserted · 38 U.S.C. § 3512(b)(2)

       Pub. L. 96–466, § 322, inserted “made within one year after (A) the last date of the delimiting period otherwise applicable under this section, (B) the termination of the period of mental or physical disability, or (C) the effective date of the Veterans’ Rehabilitation and Education Amendments of 1980, whichever is the latest” after “application”

    2. Inserted · 38 U.S.C. § 3512(b)(2)

       Pub. L. 96–466, § 322, inserted “so” after “that such veteran was”

    3. Inserted · 38 U.S.C. § 3512(b)(2)

       Pub. L. 96–466, § 322, inserted provision relating to the running of the delimiting period when an extension of the applicable delimiting period is granted an eligible person

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 96–466, § 322, inserted “made within one year after (A) the last date of the delimiting period otherwise applicable under this section, (B) the termination of the period of mental or physical disability, or (C) the effective date of the Veterans’ Rehabilitation and Education Amendments of 1980, whichever is the latest” after “application”, inserted “so” after “that such veteran was”, and inserted provision relating to the running of the delimiting period when an extension of the applicable delimiting period is granted an eligible person.

    Enacted provision · exact public law section
    Sec. 322. period within which application for extension of delimiting period must be filed and measurement of extension Section 1712(b)(2) is amended by— (1) inserting “made within one year after (A) the last date of the delimiting period otherwise applicable under this section, (B) the termination of the period of mental or physical disability, or (C) the effective date of the Veterans’ Rehabilitation and Education Amendments of 1980, whichever is the latest” after “application”; Ante, p. 2171. (2) inserting “so” after “that such person was” in such paragraph; and (3) adding at the end the following new sentence: “When an extension of the applicable delimiting period is granted under the exception in the preceding sentence, the delimiting period will again begin running on the first day following such eligible person’s recovery from such disability on which it is reasonably feasible, as determined in accordance with regulations which the Administrator shall prescribe, for such eligible person to initiate or resume pursuit of a program of education with educational assistance under this chapter.”.

25. 1981

    Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

    Pub. L. 97–66 title VI § 605(a) · 95 Stat. 1026

    1. Substituted · 38 U.S.C. § 3512(b)(1)

       Pub. L. 97–66 substituted “after whichever of the following last occurs” for “after whichever last occurs” in subpar. (B)

    2. Substituted · 38 U.S.C. § 3512(b)(1)

       Pub. L. 97–66 substituted “The date” for “the date” in subpar. (B)

    3. Substituted · 38 U.S.C. § 3512(b)(1)

       Pub. L. 97–66 substituted “permanent in nature.” for “permanent in nature, or;” in subpar. (B)

    4. Substituted · 38 U.S.C. § 3512(b)(1)

       Pub. L. 97–66 substituted “The date of death of the spouse from whom eligibility is derived who dies while a total disability evaluated as permanent in nature was in existence” for “the date of death of the spouse from whom eligibility is derived” in subpar. (B)

    5. Added · 38 U.S.C. § 3512(b)(1)

       Pub. L. 97–66 added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 97–66 substituted “after whichever of the following last occurs” for “after whichever last occurs” in the provisions preceding subpar. (A), “The date” for “the date” and “permanent in nature.” for “permanent in nature, or;” in subpar. (A), and “The date of death of the spouse from whom eligibility is derived who dies while a total disability evaluated as permanent in nature was in existence” for “the date of death of the spouse from whom eligibility is derived” in subpar. (B), and added subpar. (C).

    Enacted provision · exact public law section
    (a) Section 1712(b)(1) is amended— (1) by inserting “of the following” after “whichever”; (2) by striking out “the date” in clause (A) and inserting in lieu thereof “The date”; (3) by striking out the comma and “or” at the end of clause (A) and inserting in lieu thereof a period; and (4) by striking out clause (B) and inserting in lieu thereof the following: “(B) The date of death of the spouse from whom eligibility is derived who dies while a total disability evaluated as permanent in nature was in existence. “(C) The date on which the Administrator determines that the spouse from whom eligibility is derived died of a service-connected disability.”.

26. 1982

    Pub. L. 97–295 § 4(44)(A) · 96 Stat. 1287

    1. Inserted · 38 U.S.C. § 3512(a)

       Pub. L. 97–295, § 4(44)(A), inserted “of this title” after “section 1701(a)(1)(A)”

    2. Inserted · 38 U.S.C. § 3512(a)

       Pub. L. 97–295, § 4(44)(A), inserted a colon after “last occurs” in cl. (3)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–295, § 4(44)(A), inserted “of this title” after “section 1701(a)(1)(A)”, and inserted a colon after “last occurs” in cl. (3).

    Enacted provision · exact public law section
    (A) in subsection (a), by inserting “of this title” after “section 1701(a)(1)(A)” and by inserting “:” after “last occurs”;

27. 1982

    Pub. L. 97–295 § 4(44)(B) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 3512(b)

    Pub. L. 97–295, § 4(44)(B), substituted “of this title” for “of this chapter” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–295, § 4(44)(B), substituted “of this title” for “of this chapter” wherever appearing.

    Enacted provision · exact public law section
    (B) in subsection (b), by striking out “of this chapter” and substituting “of this title”; and

28. 1982

    Pub. L. 97–295 § 4(44)(C) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 3512(e)

    Pub. L. 97–295, § 4(44)(C), substituted “December 24, 1970” for “the date of enactment of this subsection”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 97–295, § 4(44)(C), substituted “December 24, 1970” for “the date of enactment of this subsection”.

    Enacted provision · exact public law section
    (C) in subsection (e), by striking out “the date of enactment of this subsection” and substituting “December 24, 1970”.

29. 1983

    Veterans’ Health Care Amendments of 1983

    Pub. L. 98–160 title VII § 702(13) · 97 Stat. 993

    Substituted · 38 U.S.C. § 3512(b)(2)(C)

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

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 98–160 substituted “October 1, 1980” for “the effective date of the Veterans’ Rehabilitation and Education Amendments of 1980”.

    Enacted provision · exact public law section
    (13) Section 1712(b)(2)(C) is amended by striking out “the effective date of the Veterans’ Rehabilitation and Education Amendments of 1980” and inserting in lieu thereof “October 1, 1980”.

30. 1986

    Pub. L. 99–576 title III § 313 · 100 Stat. 3248

    Added · 38 U.S.C. § 3512(b)(3)

    Pub. L. 99–576 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 99–576 added par. (3).

    Enacted provision · exact public law section
    SEC. 313. DELIMITING PERIOD UNDER THE SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE PROGRAM. Section 1712(b) is amended by adding at the end the following: “(3) (A) Notwithstanding the provisions of paragraph (1) of this subsection, any eligible person (as defined in clause (B) or (D) of section 1701(a)(1) of this title) may, subject to the approval of the Administrator, be permitted to elect a date referred to in subparagraph (B) of this paragraph to commence receiving educational assistance benefits under this chapter. The date so elected shall be the beginning date of the delimiting period applicable to such person under this section. “(B) The date which an eligible person may elect under subparagraph (A) of this paragraph is any date during the period beginning on the date the person became an eligible person within the meaning of clause (B) or (D) of section 1701(a)(1) of this title and ending on the date determined under subparagraph (A), (B), or (C) of paragraph (1) of this subsection to be applicable to such person.”.

31. 1989

    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. § 3512(a)(1)(3)(b)(1)(A)(C)(2)(3)(A)(c)

    Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a)(1) to (3), (b)(1)(A), (C), (2), (3)(A), (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”; and

32. 1991

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

    Changed · 38 U.S.C. § 3512

    Pub. L. 102–83, § 5(a), renumbered section 1712 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1712 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.

33. 1991

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

    1. Substituted · 38 U.S.C. § 3512(a)

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

    2. Substituted · 38 U.S.C. § 3512(a)

       Pub. L. 102–83, § 5(c)(1), substituted “3511” for “1711” in par. (5)

    3. Substituted · 38 U.S.C. § 3512(a)

       Pub. L. 102–83, § 5(c)(1), substituted “3536” for “1736” in par. (5)

    4. Substituted · 38 U.S.C. § 3512(a)

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

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(1)(A)” for “1701(a)(1)(A)” and “3511” for “1711” in introductory provisions, “3536” for “1736” in par. (2), and “3501(a)(1)(A)(iii)” for “1701(a)(1)(A)(iii)” in par. (5).

    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.

34. 1991

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

    1. Substituted · 38 U.S.C. § 3512(b)

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

    2. Substituted · 38 U.S.C. § 3512(b)

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

    Source evidence

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

    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.

35. 1991

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

    Substituted · 38 U.S.C. § 3512(e)

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

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(1)(C)” for “1701(a)(1)(C)”.

    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.

36. 1991

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

    1. Substituted · 38 U.S.C. § 3512(f)

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

    2. Substituted · 38 U.S.C. § 3512(f)

       Pub. L. 102–83, § 5(c)(1), substituted “3462(a)(2)” for “1662(a)(2)”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(1)(B)” for “1701(a)(1)(B)” and “3462(a)(2)” for “1662(a)(2)”.

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

37. 1991

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

    Substituted · 38 U.S.C. § 3512(g)

    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)”

    Source evidence

    Code amendment note
    Subsec. (g). 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)”.

    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.

38. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 § 112 · 114 Stat. 1822

    Substituted · 38 U.S.C. § 3512(a)(3)

    Pub. L. 106–419, § 112, substituted “8 years after the date that is elected by that person to be the beginning date of entitlement under section 3511 of this title or subchapter V of this chapter if—” and subpars. (A) to (C) for “8 years after, whichever date last occurs: (A) the date on which the Secretary first finds that the parent from whom eligibility is derived has a service-connected total disability permanent in nature, or (B) the date of death of the parent from whom eligibility is derived;”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 106–419, § 112, substituted “8 years after the date that is elected by that person to be the beginning date of entitlement under section 3511 of this title or subchapter V of this chapter if—” and subpars. (A) to (C) for “8 years after, whichever date last occurs: (A) the date on which the Secretary first finds that the parent from whom eligibility is derived has a service-connected total disability permanent in nature, or (B) the date of death of the parent from whom eligibility is derived;”.

    Enacted provision · exact public law section
    SEC. 112. ELECTION OF CERTAIN RECIPIENTS OF COMMENCEMENTOF PERIOD OF ELIGIBILITY FOR SURVIVORS' AND DEPENDENTS’ EDUCATIONAL ASSISTANCE. Section 3512(a)(3) is amended by striking “8 years after,” and all that follows through the end and inserting “8 years after the date that is elected by that person to be the beginning date of entitlement under section 3511 of this title or subchapter V of this chapter if— “(A) the Secretary approves that beginning date; “(B) the eligible person makes that election after the person’s eighteenth birthday but before the person’s twenty-sixth birthday; and “(C) that beginning date— “(i) in the case of a person whose eligibility is based on a parent who has a service-connected total disability permanent in nature, is between the dates described in subsection (d); and “(ii) in the case of a person whose eligibility is based on the death of a parent, is between— “(I) the date of the parent’s death; and “(II) the date of the Secretary’s decision that the death was service-connected;”.

39. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 § 114(b) · 114 Stat. 1822

    Added · 38 U.S.C. § 3512(a)(7)

    Pub. L. 106–419, § 114(b), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 106–419, § 114(b), added par. (7).

    Enacted provision · exact public law section
    (b) Scope of Availability.— Section 3512(a) is amended— (1) by striking “and” at the end of clause (5); (2) by striking the period at the end of clause (6) and inserting “; and”; and (3) by adding at the end the following: “(7) if the person is pursuing a preparatory course described in section 3002(3)(B) of this title, such period may begin on the date that is the first day of such course pursuit, notwithstanding that such date may be before the person’s eighteenth birthday, except that in no case may such person be afforded educational assistance under this chapter for pursuit of secondary schooling unless such course pursuit would otherwise be authorized under this subsection.”.

40. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 7(f)(1)(A) · 115 Stat. 25

    Amended · 38 U.S.C. § 3512(a)(3)(B)

    Pub. L. 107–14, § 7(f)(1)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “the eligible person makes that election after the person’s eighteenth birthday but before the person’s twenty-sixth birthday; and”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B). Pub. L. 107–14, § 7(f)(1)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “the eligible person makes that election after the person’s eighteenth birthday but before the person’s twenty-sixth birthday; and”.

    Enacted provision · exact public law section
    (A) Section 3512(a)(3)(B), as amended by section 112 of the Veterans Benefits and Health Care Improvement Act of 2000 (Public Law 106–419; 114 Stat. 1831), is amended to read as follows: “(B) the eligible person elects that beginning date by not later than the end of the 60-day period beginning on the date on which the Secretary provides written notice to that person of that person’s opportunity to make such election, such notice including a statement of the deadline for the election imposed under this subparagraph; and ” .

41. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 7(f)(1)(B) · 115 Stat. 25

    Substituted · 38 U.S.C. § 3512(a)(3)(C)(i)

    Pub. L. 107–14, § 7(f)(1)(B), substituted “the date determined pursuant to” for “between the dates described in”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(C)(i). Pub. L. 107–14, § 7(f)(1)(B), substituted “the date determined pursuant to” for “between the dates described in”.

    Enacted provision · exact public law section
    (B) Section 3512(a)(3)(C), as so amended, is amended by striking “between the dates described in” and inserting "the date determined pursuant to”.

42. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(6)(A) · 115 Stat. 25

    Substituted · 38 U.S.C. § 3512(a)(5)

    Pub. L. 107–14, § 8(a)(6)(A), substituted “paragraph (4)” for “clause (4) of this subsection”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 107–14, § 8(a)(6)(A), substituted “paragraph (4)” for “clause (4) of this subsection”.

    Enacted provision · exact public law section
    (A) in subsection (a)(5), by striking “clause (4) of this subsection” and inserting “paragraph (4)”; and

43. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(6)(B) · 115 Stat. 25

    Substituted · 38 U.S.C. § 3512(b)(2)

    Pub. L. 107–14, § 8(a)(6)(B), substituted “willful” for “willfull”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 107–14, § 8(a)(6)(B), substituted “willful” for “willfull”.

    Enacted provision · exact public law section
    (B) in subsection (b)(2), by striking “willfull” and inserting “willful”.

44. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 § 108(c)(2) · 115 Stat. 976

    Amended · 38 U.S.C. § 3512(b)(1)

    Pub. L. 107–103, § 108(c)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “No person made eligible by section 3501(a)(1)(B) or (D) of this title may be afforded educational assistance under this chapter beyond 10 years after whichever of the following last occurs:

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 107–103, § 108(c)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “No person made eligible by section 3501(a)(1)(B) or (D) of this title may be afforded educational assistance under this chapter beyond 10 years after whichever of the following last occurs:

    “(A) The date on which the Secretary first finds the spouse from whom eligibility is derived has a service-connected total disability permanent in nature. “(B) The date of death of the spouse from whom eligibility is derived who dies while a total disability evaluated as permanent in nature was in existence. “(C) The date on which the Secretary determines that the spouse from whom eligibility is derived died of a service-connected disability.”

    Enacted provision · exact public law section
    (2) Paragraph (1) of section 3512(b) is amended to read as follows: “(1) (A) Except as provided in subparagraph (B), a person made eligible by subparagraph (B) or (D) of section 3501(a)(1) of this title may be afforded educational assistance under this chapter during the 10-year period beginning on the date (as determined by the Secretary) the person becomes an eligible person within the meaning of section 3501(a)(1)(B), 3501(a)(1)(D)(i), or 3501(a)(1)(D)(ii) of this title. In the case of a surviving spouse made eligible by clause (ii) of section 3501(a)(1)(D) of this title, the 10-year period may not be reduced by any earlier period during which the person was eligible for educational assistance under this chapter as a spouse made eligible by clause (i) of that section. “(B) Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph may, subject to the Secretary’s approval, elect a later beginning date for the 10-year period than would otherwise be applicable to the person under that subparagraph. The beginning date so elected may be any date between the beginning date determined for the person under subparagraph (A) and whichever of the following dates applies: “(i) The date on which the Secretary notifies the veteran from whom eligibility is derived that the veteran has a service-connected total disability permanent in nature. “(ii) The date on which the Secretary determines that the veteran from whom eligibility is derived died of a service-connected disability.”.

45. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 § 108(c)(3) · 115 Stat. 976

    Struck · 38 U.S.C. § 3512(b)(3)

    Pub. L. 107–103, § 108(c)(3), struck out par. (3) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 107–103, § 108(c)(3), struck out par. (3) which read as follows:

    “(3)(A) Notwithstanding the provisions of paragraph (1) of this subsection, any eligible person (as defined in clause (B) or (D) of section 3501(a)(1) of this title) may, subject to the approval of the Secretary, be permitted to elect a date referred to in subparagraph (B) of this paragraph to commence receiving educational assistance benefits under this chapter. The date so elected shall be the beginning date of the delimiting period applicable to such person under this section. “(B) The date which an eligible person may elect under subparagraph (A) of this paragraph is any date during the period beginning on the date the person became an eligible person within the meaning of clause (B) or (D) of section 3501(a)(1) of this title and ending on the date determined under subparagraph (A), (B), or (C) of paragraph (1) of this subsection to be applicable to such person.”

    Enacted provision · exact public law section
    (3) Section 3512(b) is further amended by striking paragraph (3).

46. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 § 108(b)(2) · 115 Stat. 976

    Struck · 38 U.S.C. § 3512(g)

    Pub. L. 107–103, § 108(b)(2), struck out subsec. (g) which read as follows: “Any entitlement used by any eligible person as a result of eligibility under the provisions of section 3501(a)(1)(A)(iii) or 3501(a)(1)(C) of this title shall be deducted from any entitlement to which such person may subsequently become entitled under the provisions of this chapter.”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 107–103, § 108(b)(2), struck out subsec. (g) which read as follows: “Any entitlement used by any eligible person as a result of eligibility under the provisions of section 3501(a)(1)(A)(iii) or 3501(a)(1)(C) of this title shall be deducted from any entitlement to which such person may subsequently become entitled under the provisions of this chapter.”

    Enacted provision · exact public law section
    (2) Section 3512 is amended by striking subsection (g).

47. 2001

    Veterans Education and Benefits Expansion Act of 2001

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

    Added · 38 U.S.C. § 3512(h)

    Pub. L. 107–103, § 103(b), added subsec. (h)

    Source evidence

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

    Enacted provision · exact public law section
    (b) Increase in Chapter 35 Delimiting Period.— Section 3512 is amended by adding at the end the following new subsection: “(h) Notwithstanding any other provision of this section, if an eligible person, during the delimiting period otherwise applicable to such person under this section, serves on active duty pursuant to an order to active duty issued under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, such person shall be granted an extension of such delimiting period for the length of time equal to the period of such active duty plus four months.”.

48. 2002

    Pub. L. 107–330 § 308(e)(1)(A)(i) · 116 Stat. 2820

    Substituted · 38 U.S.C. § 3512(a)(3)

    Pub. L. 107–330, § 308(e)(1)(A)(i), substituted “paragraph (4) or (5)” for “paragraph (4)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 107–330, § 308(e)(1)(A)(i), substituted “paragraph (4) or (5)” for “paragraph (4)” in introductory provisions.

    Enacted provision · exact public law section
    (i) by striking “paragraph (4)” in the matter preceding subparagraph (A) and inserting “paragraph (4) or (5)”; and

49. 2002

    Pub. L. 107–330 § 308(e)(1)(A)(ii) · 116 Stat. 2820

    Substituted · 38 U.S.C. § 3512(a)(3)(C)(i)

    Pub. L. 107–330, § 308(e)(1)(A)(ii), substituted “subsection (d), or any date between the two dates described in subsection (d)” for “subsection (d)”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(C)(i). Pub. L. 107–330, § 308(e)(1)(A)(ii), substituted “subsection (d), or any date between the two dates described in subsection (d)” for “subsection (d)”.

    Enacted provision · exact public law section
    (ii) by striking “subsection (d)” in subparagraph (C)(i) and inserting “subsection (d), or any date between the two dates described in subsection (d)”;

50. 2002

    Pub. L. 107–330 § 308(e)(1)(B) · 116 Stat. 2820

    1. Added · 38 U.S.C. § 3512(a)(4)(8)

       Pub. L. 107–330, § 308(e)(1)(B)–(D), added par. (4)

    2. Redesignated · 38 U.S.C. § 3512(a)(4)(8)

       Pub. L. 107–330, § 308(e)(1)(B)–(D), redesignated former pars. (4) to (7) as (5) to (8), respectively

    3. Substituted · 38 U.S.C. § 3512(a)(4)(8)

       Pub. L. 107–330, § 308(e)(1)(B)–(D), substituted “paragraph (5)” for “paragraph (4)” in par. (6)

    Source evidence

    Code amendment note
    Subsec. (a)(4) to (8). Pub. L. 107–330, § 308(e)(1)(B)–(D), added par. (4), redesignated former pars. (4) to (7) as (5) to (8), respectively, and substituted “paragraph (5)” for “paragraph (4)” in par. (6).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively;

51. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 306(f)(2) · 117 Stat. 2651

    Struck · 38 U.S.C. § 3512(f)

    Pub. L. 108–183, § 306(f)(2), struck out subsec. (f) which related to period of eligibility for loans under subchapter III of chapter 36 of this title

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 108–183, § 306(f)(2), struck out subsec. (f) which related to period of eligibility for loans under subchapter III of chapter 36 of this title.

    Enacted provision · exact public law section
    (2) Section 3512 is amended by striking subsection (f).

52. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 303(a) · 117 Stat. 2651

    Inserted · 38 U.S.C. § 3512(h)

    Pub. L. 108–183, § 303(a), inserted “or is involuntarily ordered to full-time National Guard duty under section 502(f) of title 32,” after “title 10,”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 108–183, § 303(a), inserted “or is 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) Delimiting Date.— Section 3512(h) is amended by inserting “or is involuntarily ordered to full-time National Guard duty under section 502(f) of title 32,” after “title 10,”.

53. 2004

    Veterans Earn and Learn Act of 2004

    Pub. L. 108–454 § 105(1) · 118 Stat. 3598

    Substituted · 38 U.S.C. § 3512(b)(1)(A)

    Pub. L. 108–454, § 105(1), substituted “in subparagraph (B) or (C)” for “in subparagraph (B)”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 108–454, § 105(1), substituted “in subparagraph (B) or (C)” for “in subparagraph (B)”.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by striking “in subparagraph (B)” and inserting “in subparagraph (B) or (C)”; and

54. 2004

    Veterans Earn and Learn Act of 2004

    Pub. L. 108–454 § 105(2) · 118 Stat. 3598

    Added · 38 U.S.C. § 3512(b)(1)(C)

    Pub. L. 108–454, § 105(2), added subpar.(C)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 108–454, § 105(2), added subpar.(C).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subparagraph: “(C) Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph who is made eligible under section 3501(a)(1)(B) of this title by reason of the death of a person on active duty may be afforded educational assistance under this chapter during the 20-year period beginning on the date (as determined by the Secretary) such person becomes an eligible person within the meaning of such section.” .

55. 2006

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

    Substituted · 38 U.S.C. § 3512(a)

    Pub. L. 109–444, § 3(b)(3)(A)(i), which substituted “an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” for “an eligible person (within the meaning of section 3501(a)(1)(A) of this title)”, 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)(3)(A)(i), which substituted “an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” for “an eligible person (within the meaning of section 3501(a)(1)(A) of this title)”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (i) by striking “an eligible person (within the meaning of section 3501(a)(1)(A) of this title)” and inserting “an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title”; and

56. 2006

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

    Substituted · 38 U.S.C. § 3512(a)(6)

    Pub. L. 109–444, § 3(b)(3)(A)(ii), which substituted “a parent being listed in one of the categories referred to in section 3501(a)(1)(C)” for “the provisions of section 3501(a)(1)(A)(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)(3)(A)(ii), which substituted “a parent being listed in one of the categories referred to in section 3501(a)(1)(C)” for “the provisions of section 3501(a)(1)(A)(iii)”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (ii) in paragraph (6), by striking “the provisions of section 3501(a)(1)(A)(iii)” and inserting “a parent being listed in one of the categories referred to in section 3501(a)(1)(C)”;

57. 2006

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

    1. Inserted · 38 U.S.C. § 3512(b)(1)(A)

       Pub. L. 109–444, § 3(b)(3)(B)(i), which inserted “or a person made eligible by the disability of a spouse under section 3501(a)(1)(E) of this title” after “section 3501(a)(1) of this title”

    2. Substituted · 38 U.S.C. § 3512(b)(1)(A)

       Pub. L. 109–444, § 3(b)(3)(B)(i), which substituted “3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title” for “or 3501(a)(1)(D)(ii) of this title”, 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)(3)(B)(i), which inserted “or a person made eligible by the disability of a spouse under section 3501(a)(1)(E) of this title” after “section 3501(a)(1) of this title” and substituted “3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title” for “or 3501(a)(1)(D)(ii) of this title”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (i) in paragraph (1)(A)— (I) by inserting after “section 3501(a)(1) of this title” the following: “or a person made eligible by the disability of a spouse under section 3501(a)(1)(E) of this title”; and (II) by striking “or 3501(a)(1)(D)(ii) of this title” and inserting “3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title”;

58. 2006

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

    Added · 38 U.S.C. § 3512(b)(1)(B)(iii)

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

    Enacted provision · exact public law section
    (ii) in paragraph (1)(B), by adding at the end the following new clause: “(iii) The date on which the Secretary notifies the member of the Armed Forces from whom eligibility is derived that the member has a total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service.” ; and

59. 2006

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

    Substituted · 38 U.S.C. § 3512(b)(2)

    Pub. L. 109–444, § 3(b)(3)(B)(iii), which substituted “(D), or (E) of this title) whose eligibility is based on the death or disability of a spouse or on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” for “or (D) of this title)”, 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)(3)(B)(iii), which substituted “(D), or (E) of this title) whose eligibility is based on the death or disability of a spouse or on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” for “or (D) of this title)”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (iii) in paragraph (2)— (I) by striking “or (D) of this title” and inserting “(D), or (E) of this title”; and (II) by inserting “whose eligibility is based on the death or disability of a spouse or on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” after “of this title)”;

60. 2006

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

    Substituted · 38 U.S.C. § 3512(d)

    Pub. L. 109–444, § 3(b)(3)(C), which substituted “person from whom eligibility” for “veteran from whom eligibility”, 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)(3)(C), which substituted “person from whom eligibility” for “veteran from whom eligibility”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (C) in subsection (d), by striking “veteran” and inserting “person”; and

61. 2006

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

    1. Inserted · 38 U.S.C. § 3512(e)

       Pub. L. 109–444, § 3(b)(3)(D), which inserted “based on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” after “of this title” and “so” after “the spouse was”

    2. Struck · 38 U.S.C. § 3512(e)

       Pub. L. 109–444, § 3(b)(3)(D), which struck out “by the Secretary concerned in one of the categories referred to in such section or December 24, 1970, whichever last occurs” before period 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)(3)(D), which inserted “based on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” after “of this title” and “so” after “the spouse was” and struck out “by the Secretary concerned in one of the categories referred to in such section or December 24, 1970, whichever last occurs” before period at end, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (D) in subsection (e)— (i) by inserting “based on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” after “of this title”; (ii) by inserting “so” after “the spouse was”; and (iii) by striking “by the Secretary” and all that follows through “occurs”.

62. 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. § 3512

    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.

63. 2006

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

    Pub. L. 109–461 § 301(b)(3)(A)(i) · 120 Stat. 3403

    Substituted · 38 U.S.C. § 3512(a)

    Pub. L. 109–461, § 301(b)(3)(A)(i), substituted “an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” for “an eligible person (within the meaning of section 3501(a)(1)(A) of this title)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–461, § 301(b)(3)(A)(i), substituted “an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” for “an eligible person (within the meaning of section 3501(a)(1)(A) of this title)”.

    Enacted provision · exact public law section
    (i) by striking “an eligible person (within the meaning of section 3501(a)(1)(A) of this title)” and inserting “an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title”; and

64. 2006

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

    Pub. L. 109–461 § 301(b)(3)(A)(ii) · 120 Stat. 3403

    Substituted · 38 U.S.C. § 3512(a)(6)

    Pub. L. 109–461, § 301(b)(3)(A)(ii), substituted “a parent being listed in one of the categories referred to in section 3501(a)(1)(C)” for “the provisions of section 3501(a)(1)(A)(iii)”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 109–461, § 301(b)(3)(A)(ii), substituted “a parent being listed in one of the categories referred to in section 3501(a)(1)(C)” for “the provisions of section 3501(a)(1)(A)(iii)”.

    Enacted provision · exact public law section
    (ii) in paragraph (6), by striking “the provisions of section 3501(a)(1)(A)(iii)” and inserting “a parent being listed in one of the categories referred to in section 3501(a)(1)(C)”;

65. 2006

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

    Pub. L. 109–461 § 301(b)(3)(B)(i) · 120 Stat. 3403

    1. Inserted · 38 U.S.C. § 3512(b)(1)(A)

       Pub. L. 109–461, § 301(b)(3)(B)(i), inserted “or a person made eligible by the disability of a spouse under section 3501(a)(1)(E) of this title” after “section 3501(a)(1) of this title”

    2. Substituted · 38 U.S.C. § 3512(b)(1)(A)

       Pub. L. 109–461, § 301(b)(3)(B)(i), substituted “3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title” for “or 3501(a)(1)(D)(ii) of this title”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 109–461, § 301(b)(3)(B)(i), inserted “or a person made eligible by the disability of a spouse under section 3501(a)(1)(E) of this title” after “section 3501(a)(1) of this title” and substituted “3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title” for “or 3501(a)(1)(D)(ii) of this title”.

    Enacted provision · exact public law section
    (i) in paragraph (1)(A)— (I) by inserting after “section 3501(a)(1) of this title” the following: “or a person made eligible by the disability of a spouse under section 3501(a)(1)(E) of this title”; and (II) by striking “or 3501(a)(1)(D)(ii) of this title” and inserting “3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title”;

66. 2006

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

    Pub. L. 109–461 § 301(b)(3)(B)(ii) · 120 Stat. 3403

    Added · 38 U.S.C. § 3512(b)(1)(B)(iii)

    Pub. L. 109–461, § 301(b)(3)(B)(ii), added cl. (iii)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B)(iii). Pub. L. 109–461, § 301(b)(3)(B)(ii), added cl. (iii).

    Enacted provision · exact public law section
    (ii) in paragraph (1)(B), by adding at the end the following new clause: “(iii) Notification. The date on which the Secretary notifies the member of the Armed Forces from whom eligibility is derived that the member has a total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service.” ; and

67. 2006

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

    Pub. L. 109–461 § 301(b)(3)(B)(iii) · 120 Stat. 3403

    Substituted · 38 U.S.C. § 3512(b)(2)

    Pub. L. 109–461, § 301(b)(3)(B)(iii), substituted “(D), or (E) of this title) whose eligibility is based on the death or disability of a spouse or on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” for “or (D) of this title)”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 109–461, § 301(b)(3)(B)(iii), substituted “(D), or (E) of this title) whose eligibility is based on the death or disability of a spouse or on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” for “or (D) of this title)”.

    Enacted provision · exact public law section
    (iii) in paragraph (2)— (I) by striking “or (D) of this title” and inserting “(D), or (E) of this title”; and (II) by inserting “whose eligibility is based on the death or disability of a spouse or on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” after “of this title)”;

68. 2006

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

    Pub. L. 109–461 § 301(b)(3)(C) · 120 Stat. 3403

    Substituted · 38 U.S.C. § 3512(d)

    Pub. L. 109–461, § 301(b)(3)(C), substituted “person from whom eligibility” for “veteran from whom eligibility”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–461, § 301(b)(3)(C), substituted “person from whom eligibility” for “veteran from whom eligibility”.

    Enacted provision · exact public law section
    (C) in subsection (d), by striking “veteran” and inserting “person”; and

69. 2006

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

    Pub. L. 109–461 § 301(b)(3)(D) · 120 Stat. 3403

    1. Inserted · 38 U.S.C. § 3512(e)

       Pub. L. 109–461, § 301(b)(3)(D), inserted “based on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” after “of this title” and “so” after “the spouse was”

    2. Struck · 38 U.S.C. § 3512(e)

       Pub. L. 109–461, § 301(b)(3)(D), struck out “by the Secretary concerned in one of the categories referred to in such section or December 24, 1970, whichever last occurs” before period at end

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 109–461, § 301(b)(3)(D), inserted “based on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” after “of this title” and “so” after “the spouse was” and struck out “by the Secretary concerned in one of the categories referred to in such section or December 24, 1970, whichever last occurs” before period at end.

    Enacted provision · exact public law section
    (D) in subsection (e)— (i) by inserting “based on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” after “of this title”; (ii) by inserting “so” after “the spouse was”; and (iii) by striking “by the Secretary” and all that follows through “occurs”.

70. 2008

    Veterans’ Benefits Improvement Act of 2008

    Pub. L. 110–389 title III § 321 · 122 Stat. 4145

    1. Substituted · 38 U.S.C. § 3512(b)(1)

       Pub. L. 110–389 substituted “subparagraph (B), (C), or (D)” for “subparagraph (B) or (C)” in subpar. (A)

    2. Added · 38 U.S.C. § 3512(b)(1)

       Pub. L. 110–389 added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 110–389 substituted “subparagraph (B), (C), or (D)” for “subparagraph (B) or (C)” in subpar. (A) and added subpar. (D).

    Enacted provision · exact public law section
    SEC. 321. MODIFICATION OF PERIOD OF ELIGIBILITY FOR SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE OF CERTAIN SPOUSES OF INDIVIDUALS WITH SERVICE-CONNECTED DISABILITIES TOTAL AND PERMANENT IN NATURE.   Section 3512(b)(1) 38 USC 3512. is amended— (1) in subparagraph (A), by striking “subparagraph (B) or (C)” and inserting “subparagraph (B), (C), or (D)”; and (2) by adding at the end the following new subparagraph: “(D) Deadline. Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph who is made eligible under section 3501(a)(1)(D)(i) of this title by reason of a service-connected disability that was determined to be a total disability permanent in nature not later than three years after discharge from service may be afforded educational assistance under this chapter during the 20-year period beginning on the date the disability was so determined to be a total disability permanent in nature, but only if the eligible person remains the spouse of the disabled person throughout the period.” .

71. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 title X § 1001(h) · 124 Stat. 2864

    Substituted · 38 U.S.C. § 3512(a)(6)

    Pub. L. 111–275 substituted “this paragraph” for “this clause”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 111–275 substituted “this paragraph” for “this clause”.

    Enacted provision · exact public law section
    (h) Chapter 35.— Section 3512(a)(6) is amended by striking “this clause” and inserting “this paragraph”.

72. 2011

    Post-9/11 Veterans Educational Assistance Improvements Act of 2010

    Pub. L. 111–377 title II § 201(c) · 124 Stat. 4106

    Amended · 38 U.S.C. § 3512(c)

    Pub. L. 111–377 amended subsec. (c) generally. Prior to amendment, text read as follows: “Notwithstanding the provisions of subsection (a) of this section, an eligible person may be afforded educational assistance beyond the age limitation applicable to such person under such subsection if (1) such person suspends pursuit of such person’s program of education after having enrolled in such program within the time period applicable to such person under such subsection, (2) such person is unable to complete such program after the period of suspension and before attaining the age limitation applicable to such person under such subsection, and (3) the Secretary finds that the suspension was due to conditions beyond the control of such person; but in no event shall educational assistance be afforded such person by reason of this subsection beyond the age limitation applicable to such person under subsection (a) of this section plus a period of time equal to the period such person was required to suspend the pursuit of such person’s program, or beyond such person’s thirty-first birthday, whichever is earlier.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 111–377 amended subsec. (c) generally. Prior to amendment, text read as follows: “Notwithstanding the provisions of subsection (a) of this section, an eligible person may be afforded educational assistance beyond the age limitation applicable to such person under such subsection if (1) such person suspends pursuit of such person’s program of education after having enrolled in such program within the time period applicable to such person under such subsection, (2) such person is unable to complete such program after the period of suspension and before attaining the age limitation applicable to such person under such subsection, and (3) the Secretary finds that the suspension was due to conditions beyond the control of such person; but in no event shall educational assistance be afforded such person by reason of this subsection beyond the age limitation applicable to such person under subsection (a) of this section plus a period of time equal to the period such person was required to suspend the pursuit of such person’s program, or beyond such person’s thirty-first birthday, whichever is earlier.”

    Enacted provision · exact public law section
    (c) Survivors’ and Dependents’ Educational Assistance.— Subsection (c) of section 3512 is amended to read as follows: “(c) (1) Notwithstanding subsection (a) and subject to paragraph (2), an eligible person may be afforded educational assistance beyond the age limitation applicable to the person under such subsection if— “(A) the person suspends pursuit of such person’s program of education after having enrolled in such program within the time period applicable to such person under such subsection; “(B) the person is unable to complete such program after the period of suspension and before attaining the age limitation applicable to the person under such subsection; and “(C) the Secretary finds that the suspension was due to either of the following: “(i) The actions of the person as the primary provider of personal care services for a veteran or member of the Armed Forces under section 1720G(a) of this title. “(ii) Conditions otherwise beyond the control of the person. “(2) Paragraph (1) shall not apply with respect to the period of an individual as a primary provider of personal care services if the period concludes with the revocation of the individual’s designation as such a primary provider under section 1720G(a)(7)(D) of this title. “(3) Educational assistance may not be afforded a person under paragraph (1) after the earlier of— “(A) the age limitation applicable to the person under subsection (a), plus a period of time equal to the period the person was required to suspend pursuit of the person’s program of education as described in paragraph (1); or “(B) the date of the person’s thirty-first birthday.” .

    Effective date note
    Amendment by Pub. L. 111–377 effective Aug. 1, 2011, and applicable with respect to preventions and suspension of pursuit of programs of education that commence on or after that date, see section 201(d) of Pub. L. 111–377, set out as a note under section 3031 of this title.

73. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 926(a)(45) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 3512(b)(1)(B)(iii)

    Pub. L. 116–283 substituted “air, or space service” for “or air service”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B)(iii). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

    Enacted provision · exact public law section
    (45) Section 3512(b)(1)(B)(iii).

74. 2022

    Department of Homeland Security Appropriations Act, 2023

    Pub. L. 117–328 § 234(b)(1) · 136 Stat. 4459

    Substituted · 38 U.S.C. § 3512(a)

    Pub. L. 117–328, § 234(b)(1), substituted “Except as provided in subsection (g), the educational” for “The educational” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 117–328, § 234(b)(1), substituted “Except as provided in subsection (g), the educational” for “The educational” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 234. For purposes of section 503(a)(3) of this Act, up to $15,000,000 may be reprogrammed within “United States Secret Service—Operations and Support”.

75. 2022

    Department of Homeland Security Appropriations Act, 2023

    Pub. L. 117–328 § 234(b)(2)(A) · 136 Stat. 4459

    Inserted · 38 U.S.C. § 3512(b)(1)(A)

    Pub. L. 117–328, § 234(b)(2)(A), inserted “subsection (g) or” after “provided in”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 117–328, § 234(b)(2)(A), inserted “subsection (g) or” after “provided in”.

    Enacted provision · exact public law section
    Sec. 234. For purposes of section 503(a)(3) of this Act, up to $15,000,000 may be reprogrammed within “United States Secret Service—Operations and Support”.

76. 2022

    Department of Homeland Security Appropriations Act, 2023

    Pub. L. 117–328 § 234(b)(2)(B) · 136 Stat. 4459

    Substituted · 38 U.S.C. § 3512(b)(2)

    Pub. L. 117–328, § 234(b)(2)(B), substituted “Except as provided in subsection (g), notwithstanding” for “Notwithstanding”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 117–328, § 234(b)(2)(B), substituted “Except as provided in subsection (g), notwithstanding” for “Notwithstanding”.

    Enacted provision · exact public law section
    Sec. 234. For purposes of section 503(a)(3) of this Act, up to $15,000,000 may be reprogrammed within “United States Secret Service—Operations and Support”.

77. 2022

    Department of Homeland Security Appropriations Act, 2023

    Pub. L. 117–328 § 234(b)(3) · 136 Stat. 4459

    Substituted · 38 U.S.C. § 3512(e)

    Pub. L. 117–328, § 234(b)(3), substituted “Except as provided in subsection (g), no person” for “No person”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 117–328, § 234(b)(3), substituted “Except as provided in subsection (g), no person” for “No person”.

    Enacted provision · exact public law section
    Sec. 234. For purposes of section 503(a)(3) of this Act, up to $15,000,000 may be reprogrammed within “United States Secret Service—Operations and Support”.

78. 2022

    Department of Homeland Security Appropriations Act, 2023

    Pub. L. 117–328 § 234(a) · 136 Stat. 4459

    1. Redesignated · 38 U.S.C. § 3512(f)(h)

       Pub. L. 117–328, § 234(a), redesignated subsec. (h) as (f)

    2. Added · 38 U.S.C. § 3512(f)(h)

       Pub. L. 117–328, § 234(a), added subsec. (g)

    Source evidence

    Code amendment note
    Subsecs. (f) to (h). Pub. L. 117–328, § 234(a), redesignated subsec. (h) as (f) and added subsec. (g).

    Enacted provision · exact public law section
    Sec. 234. For purposes of section 503(a)(3) of this Act, up to $15,000,000 may be reprogrammed within “United States Secret Service—Operations and Support”.

100 of 112 references resolved to an enrolled provision · 12 partial