§ 3680. Payment of educational assistance or subsistence allowances

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. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 title II § 201 · 86 Stat. 1074

   Enacted · 38 U.S.C. § 3680

   Added Pub. L. 92–540, title II, § 201, Oct. 24, 1972, 86 Stat. 1076, § 1780

   Source evidence

   Code source credit
   Added Pub. L. 92–540, title II, § 201, Oct. 24, 1972, 86 Stat. 1076, § 1780

   Enacted provision · exact public law section
   Sec. 201. Subchapter II of chapter 36 of title 38, United States Code, is amended by inserting immediately before section 1781 the following new section: “§ 1780. Payment of educational assistance or subsistence allowances “(a) “Period for Which Payment May Be Made Payment of educational assistance or subsistence allowances to eligible veterans or eligible persons pursuing a program of education or training, other than a program by correspondence or a program of flight training, in an educational institution under chapter 31, 34, or 35 of this title shall be paid as provided in this section and, as applicable,38 USC 1501, 1651, 1700. Ante, pp. 1074, 1075; Post, p. 1081. in section 1504, 1682, 1691, or 1732 of this title. Such payments shall be paid only for the period of such veterans’ or persons’ enrollment, but no amount shall be paid— “(1) to any eligible veteran or eligible person enrolled in a course which leads to a standard college degree for any period when such veteran or person is not pursuing his course in accordance with the regularly established policies and regulations of the educational institution and the requirements of this chapter or of chapter 34 or 35 of this title; or “(2) to any eligible veteran or eligible person enrolled in a course which does not lead to a standard college degree (excluding programs of apprenticeship and programs of other on-job training Post, p. 1085. authorized by section 1787 of this title) for any day of absence in excess of thirty days in a twelve-month period, not counting as absences weekends or legal holidays established by Federal or State law (or in the case of the Republic of the Philippines, Philippine law) during which the institution is not regularly in session. “(b) “Correspondence Training Certifications No educational assistance allowance shall be paid to an eligible veteran or wife or widow enrolled in and pursuing a program of education exclusively by correspondence until the Administrator shall have received— “(1) from the eligible veteran or wife or widow a certificate as to the number of lessons actually completed by the veteran or wife or widow and serviced by the educational institution; and “(2) from the training establishment a certification or an endorsement on the veteran’s or wife’s or widow’s certificate, as to the number of lessons completed by the veteran or wife or widow and serviced by the institution. “(c) “Apprenticeship and Other On-Job Training No training assistance allowance shall be paid to an eligible veteran or eligible person enrolled in and pursuing a program of apprenticeship or other on-job training until the Administrator shall have received— “(1) from such veteran or person a certification as to his actual attendance during such period; and “(2) from the training establishment a certification, or an endorsement on the veteran’s or person’s certificate, that such veteran or person was enrolled in and pursuing a program of apprenticeship or other on-job training during such period. “(d) “Advance Payment of Initial Educational Assistance or Subsistence Allowance (1) The educational assistance or subsistence allowance advance payment provided for in this subsection is based upon a finding by the Congress that eligible veterans and eligible persons need additional funds at the beginning of a school term to meet the expenses of books, travel, deposits, and payment for living quarters, the initial installment of tuition, and the other special expenses which are concentrated at the beginning of a school term. “(2) Subject to the provisions of this subsection, and under regulations which the Administrator shall prescribe, an eligible veteran or eligible person shall be paid an educational assistance allowance or subsistence allowance, as appropriate, advance payment. Such advance payment shall be made in an amount equivalent to the allowance for the month or fraction thereof in which pursuit of the program will commence, plus the allowance for the succeeding month. In the case of a serviceman on active duty, who is pursuing a program of education (other than under subchapter VI of chapter 34), the advance payment Post, p. 1082. shall be in a lump sum based upon the amount payable for the entire quarter, semester, or term, as applicable. In no event shall an advance, payment be made under this subsection to a veteran or person intending to pursue a program of education on less than a half-time basis. The application for advance payment, to be made on a form prescribed by the Administrator, shall— “(A) in the case of an initial enrollment of a veteran or person in an educational institution, contain information showing that the veteran or person (i) is eligible for educational benefits, (ii) has been accepted by the institution, and (iii) has notified the institution of his intention to attend that institution; and “(B) in the case of a re-enrollment of a veteran or person, contain information showing that the veteran or person (i) is eligible to continue his program of education or training and (ii) intends to re-enroll in the same institution, and, in either case, shall also state the number of semester or clock-hours to be pursued by such veteran or person. “(3) Subject to the provisions of this subsection, and under regulations which the Administrator shall prescribe, a person eligible for education or training under the provisions of subchapter VI of Post, p. 1082. chapter 34 of this title shall be entitled to a lump-sum educational assistance allowance advance payment. Such advance payment shall in no event be made earlier than thirty days prior to the date on which pursuit of the person’s program of education or training is to commence. The application for the advance payment, to be made on a form prescribed by the Administrator, shall, in addition to the information prescribed in paragraph (2)(A), specify— “(A) that the program to be pursued has been approved; “(B) the anticipated cost and the number of Carnegie, clock, or semester hours to be pursued; and “(C) where the program to be pursued is other than a high school credit course, the need of the person to pursue the course or courses to lie taken. “(4) For purposes of the Administrator’s determination whether any veteran or person is eligible for an advance payment under this section, the information submitted by the institution, the veteran or person, shall establish his eligibility unless there is evidence in his file in the processing office establishing that he is not eligible for such advance payment. “(5) The advance payment authorized by paragraphs (2) and (3) of this subsection shall, in the case of an eligible veteran or eligible person, be (A) drawn in favor of the veteran or person; (B) mailed to the educational institution listed on the application form for temporary care and delivery to the veteran or person by such institution; and (C) delivered to the veteran or person upon his registration at such institution, but in no event shall such delivery be made earlier than thirty days before the program of education is to commence. “(6) Upon delivery of the advance payment pursuant to paragraph (5) of this subsection, the institution shall submit to the Administrator a certification of such delivery. If such delivery is not effected within thirty days after commencement of the program of education in question, such institution shall return such payment to the Administrator forthwith. “(e) “Prepayment of Subsequent Educational Assistance or Subsistence Allowance Except as provided in subsection (g) of this section, subsequent payments of educational assistance or subsistence allowance to an eligible veteran or eligible person shall be prepaid each month, subject to such reports and proof of enrollment in and satisfactory pursuit of such programs as the Administrator may require. The Administrator may withhold the final payment for a period of enrollment until such proof is received and the amount of the final payment appropriately adjusted. “(f) “Recovery of Erroneous Payments If an eligible veteran or eligible person fails to enroll in or pursue a course for which an educational assistance or subsistence allowance advance payment is made, the amount of such payment and any amount of subsequent payments which, in whole or in part, are due to erroneous information required to be furnished under subsection (d)(2) and (3) of this section, shall become an overpayment and shall constitute a liability of such veteran or person to the United States and may be recovered, unless waived pursuant to section 3102 of this title, Ante, p. 396. from any benefit otherwise due him under any law administered by the Veterans’ Administration or may be recovered in the same manner as any other debt due the United States. “(g) “Payments for Less Than Half-Time Training Payment of educational assistance allowance in the case of any eligible veteran or eligible person pursuing a program of education on less than a half-time basis (except as provided by subsection (d) (3) of this section) shall be made in an amount computed for the entire quarter, semester, or term during the month immediately following the month in which certification is received from the educational institution that such veteran or person has enrolled in and is pursuing a program at such institution. Such lump sum payment shall be computed at the rate provided in section 1682(b) or 1732(a)(2) of this title, as applicable. Ante, pp. 1075 1076. “(h) “Determination of Enrollment, Pursuit, and Attendance The Administrator may, pursuant to regulations which he shall prescribe, determine enrollment in, pursuit of, and attendance at, any program of education or training or course, by an eligible veteran or eligible person for any period for which he receives an educational assistance or subsistence allowance under this chapter for pursuing such program or course.”

2. 1973

   Pub. L. 93–208 · 87 Stat. 907

   Inserted · 38 U.S.C. § 3680(a)

   Pub. L. 93–208 inserted provisions that the Administrator may continue to pay allowances to eligible veterans and eligible persons enrolled in courses set forth in cl. (1) or (2) of this subsection during periods when the schools are temporarily closed under an established policy based upon an Executive Order of the President or due to an emergency situation, and that such periods shall not be counted as absences for the purposes of cl. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–208 inserted provisions that the Administrator may continue to pay allowances to eligible veterans and eligible persons enrolled in courses set forth in cl. (1) or (2) of this subsection during periods when the schools are temporarily closed under an established policy based upon an Executive Order of the President or due to an emergency situation, and that such periods shall not be counted as absences for the purposes of cl. (2).

3. 1974

   Vietnam Era Veterans’ Readjustment Assistance Act of 1974

   Pub. L. 93–508 title II § 209 · 88 Stat. 1578

   Substituted · 38 U.S.C. § 3680(a)(2)

   Pub. L. 93–508 substituted “legal holidays (or customary vacation periods connected therewith)” for “legal holidays”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 93–508 substituted “legal holidays (or customary vacation periods connected therewith)” for “legal holidays”.

   Enacted provision · exact public law section
   Sec. 209. Section 1780(a) (2) is amended by inserting “(or customary vacation periods connected therewith)” after “holidays”.

4. 1976

   Veterans’ Education and Employment Assistance Act of 1976

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

   1. Substituted · 38 U.S.C. § 3680(a)

      Pub. L. 94–502, §§ 505, 506, 513(a)(5), authorized the Administrator to continue allowances to eligible veterans and persons during periods between consecutive school terms where the veteran or person transfers from one approved school to another approved school, provided the period not exceed 30 days, and during periods between a semester, term, or quarter where the educational institution certifies the enrollment of the veteran or person on an individual semester, term, or quarter basis, provided that the period not exceed 1 full calendar month, substituted “such veteran’s or person’s” for “his”

   2. Added · 38 U.S.C. § 3680(a)

      Pub. L. 94–502, §§ 505, 506, 513(a)(5), authorized the Administrator to continue allowances to eligible veterans and persons during periods between consecutive school terms where the veteran or person transfers from one approved school to another approved school, provided the period not exceed 30 days, and during periods between a semester, term, or quarter where the educational institution certifies the enrollment of the veteran or person on an individual semester, term, or quarter basis, provided that the period not exceed 1 full calendar month, added cls. (3) to (5)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–502, §§ 505, 506, 513(a)(5), authorized the Administrator to continue allowances to eligible veterans and persons during periods between consecutive school terms where the veteran or person transfers from one approved school to another approved school, provided the period not exceed 30 days, and during periods between a semester, term, or quarter where the educational institution certifies the enrollment of the veteran or person on an individual semester, term, or quarter basis, provided that the period not exceed 1 full calendar month, substituted “such veteran’s or person’s” for “his”, and added cls. (3) to (5).

   Enacted provision · exact public law
   TITLE V— CHAPTER 36 EDUCATION LOAN AND PROGRAM ADMINISTRATION AMENDMENTS Sec. 501. Chapter 36 of title 38, United States Code, is amended— (1) by striking out in section 1786(a) (2) “$270” and inserting in lieu thereof “$292”; and (2) by amending the table contained in paragraph (1) of section 1787(b) to read as follows: “Column I Column II Column III Column IV Column V Periods of training No dependents One dependent Two dependents More than two dependents         The amount in column IV, plus the following for each dependent in excess of two: First 6 months $212 $238 $260 $11 Second 6 months 159 185 207  11 Third 6 months 106 132 154  11 Fourth and any succeeding 6-month periods  53  79 101  11”.           Sec. 502. (a) Section 1798 of title 38, United States Code, is amended— (1) by striking out in subsection (b)(3) “$270” and “$600” and inserting in lieu thereof “$292” and “$1,500”, respectively; and (2) by amending clause (3) of subsection (d) to read as follows: (3) shall provide that the loan shall bear interest, on the unpaid balance of the loan, at a rate prescribed by the Administrator, at the time the loan is contracted for which rate shall be comparable to the rate of interest charged students at such time on loans insured by the Commissioner of Education, Department of Health, Education, and Welfare, under part B of title IV of the Higher Education Act of 1965, but in no event shall the rate 20 USC 1071. so prescribed by the Administrator exceed the rate charged students on such insured loans, and shall provide that no interest shall accrue prior to the beginning date of repayment; and”. (b) The amendments made by subsection (a) shall be effective with 38 USC 1798 note. respect to loans made under section 1798 of title 38, United States Code, on and after October 1, 1976. Sec 503. Section 1774 of title 38, United States Code, is amended— (1) by adding at the end of subsection (a) thereof the following new sentence: “The Administrator may also reimburse such agencies for work performed by their subcontractors where such work has a direct relationship to the requirements of chapter 32, 34, 35, or 36 of this title, and has had the prior approval of the Ante, p. 2393. 38 USC 1651, 1700, 1770. Administrator.”; and (2) by amending subsection (b) to read as follows: “(b) The allowance for administrative expenses incurred pursuant to subsection (a) of this section shall be paid in accordance with the following formula: “Total salary cost reimbursable under this section Allowable for administrative expense $5,000 or less $600. Over $5,000 but not exceeding $10,000 $1,080. Over $10,000 but not exceeding $35,000 $1,080 for the first $10,000 plus $1,000 for each additional $5,000 or fraction thereof. Over $35,000 but not exceeding $40,000 $6,535. Over $40,000 but not exceeding $75,000 $6,535 for the first $40,000 plus $865 for each additional $5,000 or fraction thereof. Over $75,000 but not exceeding $80,000 $12,960. Over $80,000 $12,960 for the first $40,000 plus $755 for each additional $5,000 or fraction thereof. Sec. 504. Section 1775 of title 38, United States Code, is amended— (1) by striking out the period at the end of subsection (a) and inserting in lieu thereof “which must be certified as true and correct in content and policy by an authorized representative of the school. The catalog or bulletin must specifically state its progress requirements for graduation and must include as a minimum the information required by sections 1776(b) (6) and (7) of this title.”; and , (2) by inserting before the period in the first sentence of subsection (b) the following: “and must include as a minimum (except for attendance) the requirements set forth in section 1776(c) (7) of this title”. Sec. 505. Section 1780(a) of title 38, United States Code, is amended— (1) by striking out at the end of clause (1) “or”; (2) by striking out the period at the end of clause (2) and inserting in lieu thereof a semicolon; and (3) by inserting immediately after clause (2) the following new clauses: (3) to any eligible veteran or person for auditing a course; (4) to any eligible veteran or person for a course for which the grade assigned is not used in computing the requirements for graduation including a course from which the student withdraws unless the Administrator finds there are mitigating circumstances; or (5) to any eligible veteran or person for pursuit of a program of education exclusively by correspondence as authorized under section 1786 of this title or for the pursuit of a correspondence portion of a combination correspondence-residence course leading to a vocational objective where the normal period of time required to complete such correspondence course or portion is less the 6 months. A certification as to the normal period of time required to complete the course must be made to the Administrator by the educational institution.”. Sec. 506. The last sentence of section 1780(a) of title 38, United States Code, is amended to read as follows: “Notwithstanding the foregoing, the Administrator may, subject to such regulations as the Administrator shall prescribe, continue to pay allowances to eligible veterans and eligible persons enrolled in courses set forth in clause (1) or (2) of this subsection— (A) during periods when the schools are temporarily closed under an established policy based upon an Executive order of the President or due to an emergency situation, and such periods shall not be counted as absences for the purposes of clause (2); “(B) during periods between consecutive school terms where such veterans or persons transfer from one approved educational institution to another approved educational institution for the purpose of enrolling in and pursuing a similar course at the second institution if the period between such consecutive terms does not exceed 30 days, but such periods shall be counted as absences for the purposes of clause (2); or (C) during periods between a semester, term, or quarter where the educational institution certifies the enrollment of the eligible veteran or eligible person on an individual semester, term, or quarter basis if the interval between such periods does not exceed 1 full calendar month, but such periods shall be counted as absences for the purposes of clause (2).”. Sec. 507. Section 1784(a) of title 38, United States Code, is amended by adding at the end thereof the following: “The date of interruption or termination will be the last date of pursuit or, in the case of correspondence training, the last date a lesson was serviced by the school.”. Sec. 508. Section 1784(b) of title 38, United States Code, is amended by striking out “$3” and “$4” and inserting in lieu thereof “$5” and “$6” respectively. Sec. 509. (a) Section 1788(a) of title 38, United States Code, is amended— (1) by striking out the semicolon at the, end of clause 1 and inserting in lieu thereof a comma and the following: “but if such course is approved pursuant to section 1775 of this title, then 27 38 USC 1775. hours per week of attendance, with no more than 2½ hours of rest period per week allowed and excluding supervised study, shall be considered full time;”; and (2) by striking out the semicolon at the end of clause 2 and inserting in lieu thereof a comma and the following: “but if such course is approved pursuant to section 1775 of this title, then 22 hours per week net of instruction (excluding supervised study), which may include customary intervals not to exceed ten minutes between hours of instruction, shall be considered full time;” (b) Section 1789 of title 38, United States Code, is amended— (1) by striking out “or” at the end of clause (4) in subsection (2) by striking out the period at the end of clause (5) in subsection (b) and inserting in lieu thereof “; or”; (3) by adding at the end of subsection (b) a new clause (6) to read as follows: “(6) any course offered by an educational institution under a contract with the Department of Defense that (A) is given on, or immediately adjacent to, a military base; (B) is available only to active duty military personnel and/or their dependents and (C) has been approved by the State approving agency of the State in which the base is located.”; and (4) by adding at the end thereof a new subsection (e) as follows: “(c) Notwithstanding the provisions of subsection (b) (1), (2), (3), or (4) of this section, the provisions of subsection (a) shall apply to any course offered by a branch or extension of— (1) a public or other tax-supported institution where the branch or extension is located outside of the area of the taxing jurisdiction providing support to such institution; or (2) a proprietary profit or proprietary nonprofit educational institution where the branch or extension is located beyond the normal commuting distance of such institution.”. Sec. 510. Section 1790(c) of title 38, United States Code, is amended to read as follows: “(c) Notwithstanding any other provision of law, the records and accounts of educational institutions pertaining to eligible veterans or eligible persons who received educational assistance under this chapter or chapter 31. 32, 34, or 35 of this title, as well as the records of other 38 USC 1501. Ante, p. 2393. 38 USC 1651, 1700. students which the Administrator determines necessary to ascertain institutional compliance with the requirements of such chapters, shall be available for examination by duly authorized representatives of the Government.”. Sec. 511. Subchapter II of chapter 36, United States Code, is amended— (1) by striking out section 1793 and inserting in lieu thereof the following: “§ 1793. Compliance surveys “The Administrator shall conduct an annual compliance survey of each institution offering one or more courses approved for the enrollment of eligible veterans or persons where at least 300 veterans or persons are enrolled under provisions of this title or where the course does not lead to a standard college degree. Such compliance survey shall assure that the institution and approved courses are in compliance with all applicable provisions of chapters 31, 34, 35, and 36 of this title. The Administrator shall assign at least one education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section.”; and (2) by striking out in the table of sections at the beginning of chapter 36 of such title “1703. Institutions listed by Attorney General.” and inserting in lieu thereof “1793. Compliance surveys.”. Sec. 512. Section 1796 of title 38, United States Code, is amended— (1) by redesignating subsections (b) and (c) as (c) and (d), respectively; and (2) by inserting after subsection (a) a new subsection (b) as follows: “(b) To ensure compliance with this section, any institution offering courses approved for the enrollment of eligible persons or veterans shall maintain a complete record of all advertising, sales, or enrollment materials (and copies thereof) utilized by or on behalf of the institution during the preceding 12-month period. Such record shall be available for inspection by the State approving agency or the Administrator. Such materials shall include but are not limited to any direct mail pieces, brochures, printed literature used by sales persons, films, video tapes, and audio tapes disseminated through broadcast media, material disseminated through print media, tear sheets, leaflets, handbills, fliers, and any sales or recruitment manuals used to instruct sales personnel, agents, or representatives of such institution.”. Sec. 513. (a) Chapter 36 of title 38, United States Code, is amended— (1) by striking out in section 1771(a) “his” and inserting in lieu thereof “such”; (2) by striking out in section 1775(a) “he” and inserting in lieu thereof “the Commissioner”; (3) by striking out in subsections (b) and (c) of section 1777 “he”, “Kim”, “his” each time they appear and inserting in lieu thereof “the veteran or person”, “the veteran or person”, and “such veteran’s or person’s”, respectively; (4) by striking out in section 1779(b) “his” and inserting in lieu thereof “the Administrator’s”; (5) by striking out in subsections (a) and (b) of section 1780 “his”, “wife or widow”, and “wife’s or widow’s” each time they appear and inserting in lieu thereof “such veteran’s or person’s”, “spouse or surviving spouse”, and “spouse’s or surviving spouse’s”, respectively; (6) by striking out in subsections (c) and (d) of section 1780 “his” and “he” each time they appear and inserting in lieu thereof “such veteran’s or person’s” and “the veteran or person”, respectively; (7) by inserting “may” immediately before “need” in section 1780(d)(1); (8) by inserting immediately after the fourth sentence in section 1780(d) (2) the following new sentence: “An advance pay-ment may not be made under this subsection to any veteran or person unless the veteran or person requests such payment and the Administrator finds that the educational institution at which such veteran or person is accepted or enrolled has agreed to, and can satisfactorily, carry out the provisions of paragraphs 5(B) and (C) and (6) of this subsection.” (9) by striking out section 1780(e) and the heading thereto ; 38 USC 1780. (10) by redesignating subsections (f), (g), and (h) of section 1780 as subsections (e), (f), and (g), respectively, and by adding at the end of such subsection (g) (as so redesignated) the following : “Subject to such reports and proof as the Administrator may require to show an eligible veteran’s or eligible person’s enrollment in and satisfactory pursuit of such person’s program, the Administrator is authorized to withhold the final payment of benefits to such person until the required proof is received and the amount of the final payment is appropriately adjusted.”; (11) by striking out in section 1780(f) “him” and inserting in lieu thereof “such veteran or person”; (12) by striking out in section 1780(h) “he” the first time it appears and inserting in lieu thereof “the Administrator” and by striking out “he” the second time it appears and inserting in lieu thereof “the veteran or person” ; (13) by striking out in section 1781 “him” and inserting in lieu 38 USC 1781. thereof “such person”; (14) by striking out in section 1783(a) “his” and inserting in 38 USC 1783. lieu thereof “such officer’s or employee’s”; (15) by striking out in section 1783(b) “he” the first time it appears and inserting in lieu thereof “such person” and by striking out “he” the second time it appears and inserting in lieu thereof “the Administrator”; (16) by striking out in section 1783(d) “he” and inserting in lieu thereof “the Administrator”: (17) by striking out in subsections (a) and (b) of section 1784 38 USC 1784. “him” and inserting in lieu thereof “the Administrator”; (18) by striking put in subsections (a), (b), and (c) of section 1786 “wife and widow” and “his” each time they appear and inserting in lieu thereof “spouse or surviving spouse” and “such veteran’s or spouse’s”, respectively ; (19) by striking out in subsections (a), (b),and (d) of section 1790 “he” each time it appears and inserting in lieu thereof “the Administrator”; (20) by striking out in subsections (a), (b). and (c) of section 1791 “his” and “he” each time they appear and inserting in lieu thereof “the veteran’s or person’s” and “the Administrator”, respectively; (21) by striking out in section 1794 “his” and inserting in lieu 38 USC 1794. thereof “the Administrator’s”; (22) by striking out in section 1796(c) (as redesignated by 38 USC 1796. section 513(1) of this Act) “his” and inserting in lieu thereof “the Administrator’s”; (23) by striking out in section 1798(b) (1) “he” and inserting 38 USC 1798. in lieu thereof “the veteran or person” and by striking out in section 1798(e)(1) “he” and inserting in lieu thereof “the Administrator” ; and (24) by striking out in section 1799(d) “his” and inserting in lieu thereof “the Administrator’s”. (b) The amendments made by paragraphs (7), (8), (9), and (10) of subsection (a) shall take effect June 1, 1977, and shall apply with respect to educational assistance allowances and subsistence allowances paid under title 38, United States Code, for months after May 1977.

5. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 § 513(a)(5) · 90 Stat. 2383

   1. Substituted · 38 U.S.C. § 3680(b)

      Pub. L. 94–502, § 513(a)(5), substituted “spouse or surviving spouse” for “wife or widow”

   2. Substituted · 38 U.S.C. § 3680(b)

      Pub. L. 94–502, § 513(a)(5), substituted “spouse’s or surviving spouse’s” for “wife’s or widow’s”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–502, § 513(a)(5), substituted “spouse or surviving spouse” for “wife or widow” wherever appearing, and “spouse’s or surviving spouse’s” for “wife’s or widow’s”.

   Enacted provision · exact public law section
   (5) by striking out in subsections (a) and (b) of section 1780 “his”, “wife or widow”, and “wife’s or widow’s” each time they appear and inserting in lieu thereof “such veteran’s or person’s”, “spouse or surviving spouse”, and “spouse’s or surviving spouse’s”, respectively;

6. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 § 513(a)(6) · 90 Stat. 2383

   Substituted · 38 U.S.C. § 3680(c)

   Pub. L. 94–502, § 513(a)(6), substituted “such veteran’s or person’s” for “his”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–502, § 513(a)(6), substituted “such veteran’s or person’s” for “his”.

   Enacted provision · exact public law section
   (6) by striking out in subsections (c) and (d) of section 1780 “his” and “he” each time they appear and inserting in lieu thereof “such veteran’s or person’s” and “the veteran or person”, respectively;

7. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 § 513(a)(6) · 90 Stat. 2383

   1. Substituted · 38 U.S.C. § 3680(d)

      Pub. L. 94–502, § 513(a)(6)–(8), substituted “persons may need” for “persons need” in two places

   2. Substituted · 38 U.S.C. § 3680(d)

      Pub. L. 94–502, § 513(a)(6)–(8), substituted “such veteran’s or person’s” for “his” in two places

   3. Inserted · 38 U.S.C. § 3680(d)

      Pub. L. 94–502, § 513(a)(6)–(8), inserted provision prohibiting advance payments unless the veteran request them and the Administrator finds that the educational institution has agreed to and can carry out the requirements of cls. (5) (B), (C) and (6) of this subsection in cl. (2)

   4. Substituted · 38 U.S.C. § 3680(d)

      Pub. L. 94–502, § 513(a)(6)–(8), substituted “such veteran’s or person’s” for “his” in cl. (5)

   5. Substituted · 38 U.S.C. § 3680(d)

      Pub. L. 94–502, § 513(a)(6)–(8), substituted “the veteran or person” for “he” in cl. (5)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 94–502, § 513(a)(6)–(8), substituted “persons may need” for “persons need” in cl. (1), “such veteran’s or person’s” for “his” in two places and inserted provision prohibiting advance payments unless the veteran request them and the Administrator finds that the educational institution has agreed to and can carry out the requirements of cls. (5) (B), (C) and (6) of this subsection in cl. (2), substituted “such veteran’s or person’s” for “his” in two places and “the veteran or person” for “he” in cl. (4), and “such veteran’s or person’s” for “his” in cl. (5).

   Enacted provision · exact public law section
   (6) by striking out in subsections (c) and (d) of section 1780 “his” and “he” each time they appear and inserting in lieu thereof “such veteran’s or person’s” and “the veteran or person”, respectively;

8. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 § 513(a)(9) · 90 Stat. 2383

   1. Struck · 38 U.S.C. § 3680(e)

      Pub. L. 94–502, § 513(a)(9)–(11), struck out subsec. (e) which provided for prepayment of subsequent educational assistance or subsistence allowances

   2. Redesignated · 38 U.S.C. § 3680(e)

      Pub. L. 94–502, § 513(a)(9)–(11), redesignated subsec. (f) as (e)

   3. Substituted · 38 U.S.C. § 3680(e)

      Pub. L. 94–502, § 513(a)(9)–(11), substituted “such veteran or person” for “him”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 94–502, § 513(a)(9)–(11), struck out subsec. (e) which provided for prepayment of subsequent educational assistance or subsistence allowances, redesignated subsec. (f) as (e) and substituted “such veteran or person” for “him”.

   Enacted provision · exact public law section
   (9) by striking out section 1780(e) and the heading thereto ; 38 USC 1780.

9. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 § 513(a)(10) · 90 Stat. 2383

   Redesignated · 38 U.S.C. § 3680(f)

   Pub. L. 94–502, § 513(a)(10), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 94–502, § 513(a)(10), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

   Enacted provision · exact public law section
   (10) by redesignating subsections (f), (g), and (h) of section 1780 as subsections (e), (f), and (g), respectively, and by adding at the end of such subsection (g) (as so redesignated) the following : “Subject to such reports and proof as the Administrator may require to show an eligible veteran’s or eligible person’s enrollment in and satisfactory pursuit of such person’s program, the Administrator is authorized to withhold the final payment of benefits to such person until the required proof is received and the amount of the final payment is appropriately adjusted.”;

10. 1976

    Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 § 513(a)(10) · 90 Stat. 2383

    1. Redesignated · 38 U.S.C. § 3680(g); 38 U.S.C. § 3680(h)

       Pub. L. 94–502, § 513(a)(10), (12), redesignated subsec. (h) as (g)

    2. Redesignated · 38 U.S.C. § 3680(g); 38 U.S.C. § 3680(h)

       Pub. L. 94–502, § 513(a)(10), (12), substituted “which the Administrator shall” for “which he shall”, “the veteran or person” for “he”, and authorized the Administrator to withhold final payment of benefits to the veteran or person until proof of the veteran’s or person’s enrollment in and satisfactory pursuit of the educational program is received. Former subsec. (g) redesignated (f)

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 94–502, § 513(a)(10), (12), redesignated subsec. (h) as (g), substituted “which the Administrator shall” for “which he shall”, “the veteran or person” for “he”, and authorized the Administrator to withhold final payment of benefits to the veteran or person until proof of the veteran’s or person’s enrollment in and satisfactory pursuit of the educational program is received. Former subsec. (g) redesignated (f).

    Enacted provision · exact public law section
    (10) by redesignating subsections (f), (g), and (h) of section 1780 as subsections (e), (f), and (g), respectively, and by adding at the end of such subsection (g) (as so redesignated) the following : “Subject to such reports and proof as the Administrator may require to show an eligible veteran’s or eligible person’s enrollment in and satisfactory pursuit of such person’s program, the Administrator is authorized to withhold the final payment of benefits to such person until the required proof is received and the amount of the final payment is appropriately adjusted.”;

11. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

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

    1. Inserted · 38 U.S.C. § 3680(a)

       Pub. L. 96–466, §§ 341(a), 342, 602(c), in provisions preceding cl. (1) inserted “in, and pursuit of, such program” after “enrollment”, in cl. (1) inserted reference to not pursuing a course in accordance with provisions of regulations prescribed by the Administrator pursuant to subsec. (g) of this section and reference to payment for an actual period of pursuit of one or more unit subjects pursued for a period of time shorter than the enrollment period at the educational institution, in cl. (2) inserted reference to periods when the institution is not in session because of teacher conferences or teacher training sessions

    2. Added · 38 U.S.C. § 3680(a)

       Pub. L. 96–466, §§ 341(a), 342, 602(c), in provisions preceding cl. (1) added cl. (6)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–466, §§ 341(a), 342, 602(c), in provisions preceding cl. (1) inserted “in, and pursuit of, such program” after “enrollment”, in cl. (1) inserted reference to not pursuing a course in accordance with provisions of regulations prescribed by the Administrator pursuant to subsec. (g) of this section and reference to payment for an actual period of pursuit of one or more unit subjects pursued for a period of time shorter than the enrollment period at the educational institution, in cl. (2) inserted reference to periods when the institution is not in session because of teacher conferences or teacher training sessions, and added cl. (6).

12. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 601(c)(1) · 94 Stat. 2171

    1. Struck · 38 U.S.C. § 3680(d)(2)

       Pub. L. 96–466, § 601(c)(1), struck out “(other than under subchapter VI of chapter 34)” after “who is pursuing a program of education”

    2. Substituted · 38 U.S.C. § 3680(d)(2)

       Pub. L. 96–466, § 601(c)(1), substituted “paragraphs (4)(B) and (C) and (5)” for “paragraphs 5(B) and (C) and (6)”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 96–466, § 601(c)(1), struck out “(other than under subchapter VI of chapter 34)” after “who is pursuing a program of education” and substituted “paragraphs (4)(B) and (C) and (5)” for “paragraphs 5(B) and (C) and (6)”.

    Enacted provision · exact public law section
    (1) in paragraph (2)— (A) striking out “(other than under subchapter VI of chapter 34)”; and (B) striking out “paragraphs 5 (B) and (C) and (6)” and inserting in lieu thereof “paragraphs (4) (B) and (C) and (5)”;

13. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 601(c)(2) · 94 Stat. 2171

    Redesignated · 38 U.S.C. § 3680(d)(3)

    Pub. L. 96–466, § 601(c)(2), (3), redesignated par. (4) as (3). Former par. (3), which related to the entitlement of a person eligible for education or training under the provisions of subchapter VI of chapter 34 of this title to a lump-sum educational assistance allowance advance payment, was struck out

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 96–466, § 601(c)(2), (3), redesignated par. (4) as (3). Former par. (3), which related to the entitlement of a person eligible for education or training under the provisions of subchapter VI of chapter 34 of this title to a lump-sum educational assistance allowance advance payment, was struck out.

    Enacted provision · exact public law section
    (2) striking out paragraph (3);

14. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 601(c)(3) · 94 Stat. 2171

    1. Redesignated · 38 U.S.C. § 3680(d)(4)

       Pub. L. 96–466, § 601(c)(3), (4), redesignated par. (5) as (4)

    2. Redesignated · 38 U.S.C. § 3680(d)(4)

       Pub. L. 96–466, § 601(c)(3), (4), substituted “paragraph (2)” for “paragraphs (2) and (3)”. Former par. (4) redesignated (3)

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 96–466, § 601(c)(3), (4), redesignated par. (5) as (4) and substituted “paragraph (2)” for “paragraphs (2) and (3)”. Former par. (4) redesignated (3).

    Enacted provision · exact public law section
    (3) redesignating paragraph (4) as paragraph (3);

15. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 601(c)(4) · 94 Stat. 2171

    1. Redesignated · 38 U.S.C. § 3680(d)(5); 38 U.S.C. § 3680(d)(6)

       Pub. L. 96–466, § 601(c)(4), (5), redesignated par. (6) as (5)

    2. Redesignated · 38 U.S.C. § 3680(d)(5); 38 U.S.C. § 3680(d)(6)

       Pub. L. 96–466, § 601(c)(4), (5), substituted “paragraph (4)” for “paragraph (5)”. Former par. (5) redesignated (4)

    Source evidence

    Code amendment note
    Subsec. (d)(5), (6). Pub. L. 96–466, § 601(c)(4), (5), redesignated par. (6) as (5) and substituted “paragraph (4)” for “paragraph (5)”. Former par. (5) redesignated (4).

    Enacted provision · exact public law section
    (4) redesignating paragraph (5) as paragraph (4) and striking out “paragraphs (2) and (3)” in such paragraph and inserting in lieu thereof “paragraph (2)”; and

16. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 601(d)(1) · 94 Stat. 2171

    Substituted · 38 U.S.C. § 3680(e)

    Pub. L. 96–466, § 601(d)(1), substituted “under subsection (d)(2) of this section” for “under subsection (d)(2) and (3) of this section”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 96–466, § 601(d)(1), substituted “under subsection (d)(2) of this section” for “under subsection (d)(2) and (3) of this section”.

    Enacted provision · exact public law section
    (1) striking out “and (3)” in subsection (e); and

17. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 601(d)(2) · 94 Stat. 2171

    Struck · 38 U.S.C. § 3680(f)

    Pub. L. 96–466, § 601(d)(2), struck out “(except as provided by subsection (d)(3) of this section)” after “half-time basis”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 96–466, § 601(d)(2), struck out “(except as provided by subsection (d)(3) of this section)” after “half-time basis”.

    Enacted provision · exact public law section
    (2) striking out “(except as provided by subsection (d)(3) of this section)” in subsection (f).

18. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 341(b) · 94 Stat. 2171

    Inserted · 38 U.S.C. § 3680(g)

    Pub. L. 96–466, § 341(b), inserted “and define” after “determine”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 96–466, § 341(b), inserted “and define” after “determine”.

    Enacted provision · exact public law section
    (b) Subsection (g) of such section is amended by inserting “and define” after “determine” in the first sentence.

19. 1981

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

    Struck · 38 U.S.C. § 3680(a)

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

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–35 struck out applicability to flight training program.

    Enacted provision · exact public law section
    (c) Section 1780(a) of such title is amended by striking out “or a program of flight training”.

20. 1982

    Pub. L. 97–295 § 4(52)(A) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 3680(a)

    Pub. L. 97–295, § 4(52)(A), and Pub. L. 97–306, § 205(c)(1), made identical amendments by substituting “section 1508” for “section 1504”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–295, § 4(52)(A), and Pub. L. 97–306, § 205(c)(1), made identical amendments by substituting “section 1508” for “section 1504”.

    Enacted provision · exact public law section
    (A) in subsection (a), by striking out “1504” and substituting “1508”;

21. 1982

    Pub. L. 97–295 § 4(52)(B) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 3680(a)(5)

    Pub. L. 97–295, § 4(52)(B), substituted “than 6 months” for “the 6 months” after “portion is less”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 97–295, § 4(52)(B), substituted “than 6 months” for “the 6 months” after “portion is less”.

    Enacted provision · exact public law section
    (B) in subsection (a)(5), by striking out “the 6 months” and substituting “than 6 months”; and

22. 1982

    Pub. L. 97–295 § 4(52)(C) · 96 Stat. 1287

    Inserted · 38 U.S.C. § 3680(a)(A)(C)

    Pub. L. 97–295, § 4(52)(C), inserted “of this subsection” after “clause (2)” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(A) to (C). Pub. L. 97–295, § 4(52)(C), inserted “of this subsection” after “clause (2)” wherever appearing.

    Enacted provision · exact public law section
    (C) in subsection (a)(A)–(C), by inserting “of this subsection” after “clause (2)” wherever it appears.

23. 1982

    Veterans’ Compensation, Education, and Employment Amendments of 1982

    Pub. L. 97–306 § 205(c)(2) · 96 Stat. 1429

    Struck · 38 U.S.C. § 3680(a)(6)

    Pub. L. 97–306, § 205(c)(2)–(4), struck out cl. (6) which provided that no amount would be paid to any eligible veteran or person incarcerated in a Federal, State, or local prison or jail for any course to the extent the tuition and fees of the veteran or person were paid under any Federal program (other than a program administered by the Administrator) or under any State or local program, or for which there were no tuition and fees

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 97–306, § 205(c)(2)–(4), struck out cl. (6) which provided that no amount would be paid to any eligible veteran or person incarcerated in a Federal, State, or local prison or jail for any course to the extent the tuition and fees of the veteran or person were paid under any Federal program (other than a program administered by the Administrator) or under any State or local program, or for which there were no tuition and fees.

    Enacted provision · exact public law section
    (2) by inserting “or” at the end of clause (4);

24. 1986

    Pub. L. 99–576 § 315(a)(1)(A) · 100 Stat. 3248

    Inserted · 38 U.S.C. § 3680(a)(1)

    Pub. L. 99–576, § 315(a)(1)(A), inserted “or a course that meets the requirements of section 1788(a)(7) of this title” after “degree”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 99–576, § 315(a)(1)(A), inserted “or a course that meets the requirements of section 1788(a)(7) of this title” after “degree”.

    Enacted provision · exact public law section
    (A) in clause (1), by inserting “, or a course that meets the requirements of section 1788(a)(7) of this title,” after “degree”; and

25. 1986

    Pub. L. 99–576 § 315(a)(1)(B) · 100 Stat. 3248

    Inserted · 38 U.S.C. § 3680(a)(2)

    Pub. L. 99–576, § 315(a)(1)(B), inserted “courses that meet the requirements of section 1788(a)(7) of this title and” after “excluding”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 99–576, § 315(a)(1)(B), inserted “courses that meet the requirements of section 1788(a)(7) of this title and” after “excluding”.

    Enacted provision · exact public law section
    (B) in clause (2), by inserting “courses that meet the requirements of section 1788(a)(7) of this title and” after “excluding”.

26. 1986

    Pub. L. 99–576 § 701(59) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 3680(d)(2)

    Pub. L. 99–576, § 701(59), substituted “person” for “serviceman” after “In the case of a”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 99–576, § 701(59), substituted “person” for “serviceman” after “In the case of a”.

    Enacted provision · exact public law section
    (59) The third sentence of section 1780(d)(2) is amended by striking out “serviceman” and inserting in lieu thereof “person”.

27. 1986

    Pub. L. 99–576 § 316 · 100 Stat. 3248

    Substituted · 38 U.S.C. § 3680(f)

    Pub. L. 99–576, § 316, substituted “not later than the last day of” for “during”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 99–576, § 316, substituted “not later than the last day of” for “during”.

    Enacted provision · exact public law section
    SEC. 316. PAYMENT OF EDUCATIONAL ASSISTANCE FOR CERTAIN LESS-THAN-HALF-TIME TRAINING. The first sentence of section 1780(f) is amended by striking out “during” and inserting in lieu thereof “not later than the last day of”.

28. 1988

    Veterans’ Benefits and Programs Improvement Act of 1988

    Pub. L. 100–689 title I § 121(a) · 102 Stat. 4161

    Inserted · 38 U.S.C. § 3680(a)(4)

    Pub. L. 100–689 inserted “, except that, in the first instance of withdrawal by an eligible veteran or person from a course or courses with respect to which such veteran or person has been paid assistance under this title, mitigating circumstances shall be considered to exist with respect to courses totaling not more than six semester hours or the equivalent thereof” after “circumstances”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 100–689 inserted “, except that, in the first instance of withdrawal by an eligible veteran or person from a course or courses with respect to which such veteran or person has been paid assistance under this title, mitigating circumstances shall be considered to exist with respect to courses totaling not more than six semester hours or the equivalent thereof” after “circumstances”.

    Enacted provision · exact public law section
    (a) In General.— Section 1780(a)(4) is amended by inserting after “circumstances” the following: “, except that, in the first instance of withdrawal by an eligible veteran or person from a course or courses with respect to which such veteran or person has been paid assistance under this title, mitigating circumstances shall be considered to exist with respect to courses totaling not more than six semester hours or the equivalent thereof”.

29. 1989

    Veterans Education and Employment Amendments of 1989

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

    Substituted · 38 U.S.C. § 3680(a)

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

    Source evidence

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

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

30. 1989

    Veterans Education and Employment Amendments of 1989

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

    1. Struck · 38 U.S.C. § 3680(a)

       Pub. L. 101–237, § 412(a), struck out “enrolled in a course which leads to a standard college degree, or a course that meets the requirements of section 1788(a)(7) of this title,” after “or eligible person” in cl. (1) of second sentence

    2. Redesignated · 38 U.S.C. § 3680(a)

       Pub. L. 101–237, § 412(a), redesignated cls. (3) to (5) as (2) to (4), respectively

    3. Struck · 38 U.S.C. § 3680(a)

       Pub. L. 101–237, § 412(a), struck out former cl. (2) which read as follows: “to any eligible veteran or eligible person enrolled in a course which does not lead to a standard college degree (excluding courses that meet the requirements of section 1788(a)(7) of this title and programs of apprenticeship and programs of other on-job training authorized by section 1787 of this title) for any day of absence in excess of thirty days in a twelve-month period, not counting as absences weekends or legal holidays (or customary vacation periods connected therewith) established by Federal or State law (or in the case of the Republic of the Philippines, Philippine law) during which the institution is not regularly in session and periods (not to exceed five days in any twelve-month period) when the institution is not in session because of teacher conferences or teacher training sessions;”

    4. Substituted · 38 U.S.C. § 3680(a)

       Pub. L. 101–237, § 412(a), substituted “set forth in clause (1)” for “set forth in clause (1) or (2)” in third sentence

    5. Struck · 38 U.S.C. § 3680(a)

       Pub. L. 101–237, § 412(a), struck out “, and such periods shall not be counted as absences for the purposes of clause (2) of this subsection” before semicolon at end of subcl. (A)

    6. Struck · 38 U.S.C. § 3680(a)

       Pub. L. 101–237, § 412(a), struck out “, but such periods shall be counted as absences for the purposes of clause (2) of this subsection” before punctuation at end of subcls. (B) and (C)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–237, § 412(a), struck out “enrolled in a course which leads to a standard college degree, or a course that meets the requirements of section 1788(a)(7) of this title,” after “or eligible person” in cl. (1) of second sentence, redesignated cls. (3) to (5) as (2) to (4), respectively, and struck out former cl. (2) which read as follows: “to any eligible veteran or eligible person enrolled in a course which does not lead to a standard college degree (excluding courses that meet the requirements of section 1788(a)(7) of this title and programs of apprenticeship and programs of other on-job training authorized by section 1787 of this title) for any day of absence in excess of thirty days in a twelve-month period, not counting as absences weekends or legal holidays (or customary vacation periods connected therewith) established by Federal or State law (or in the case of the Republic of the Philippines, Philippine law) during which the institution is not regularly in session and periods (not to exceed five days in any twelve-month period) when the institution is not in session because of teacher conferences or teacher training sessions;”, substituted “set forth in clause (1)” for “set forth in clause (1) or (2)” in third sentence, struck out “, and such periods shall not be counted as absences for the purposes of clause (2) of this subsection” before semicolon at end of subcl. (A), and struck out “, but such periods shall be counted as absences for the purposes of clause (2) of this subsection” before punctuation at end of subcls. (B) and (C).

    Enacted provision · exact public law section
    (a) In General.— Section 1780(a) is amended— (1) in clause (1) of the second sentence, by striking out “enrolled in a course” through “1788(a)(7) of this title,”; (2) by striking out clause (2) of the second sentence; (3) by redesignating clauses (3), (4), and (5) of the second sentence as clauses (2), (3), and (4), respectively; (4) in the third sentence, by striking out “set forth in clause (1) or (2)” and inserting in lieu thereof “set forth in clause (1)”; (5) in subclause (A) of the third sentence, by striking out “, and such periods” through “subsection”; and (6) in subclauses (B) and (C) of the third sentence by striking out“, but such periods” through “subsection”.

31. 1989

    Veterans Education and Employment Amendments of 1989

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

    Substituted · 38 U.S.C. § 3680(b); 38 U.S.C. § 3680(c); 38 U.S.C. § 3680(d)(2)

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

    Source evidence

    Code amendment note
    Subsecs. (b), (c), (d)(2). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing.

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

32. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 423(b)(2) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3680(d)(3)

    Pub. L. 101–237, § 423(b)(2), substituted “Secretary’s” for “Administrator’s”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 101–237, § 423(b)(2), substituted “Secretary’s” for “Administrator’s”.

    Enacted provision · exact public law section
    (2) Sections 1723(e), 1743(a), 1779(b), 1780(d)(3), 1790(b)(3)(B)(i)(III), 1794, 1796(c), and 1799(d) are amended by striking out “Administrator’s” and inserting in lieu thereof “Secretary’s”.

33. 1989

    Veterans Education and Employment Amendments of 1989

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

    Substituted · 38 U.S.C. § 3680(d)(5)

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

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing.

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

34. 1989

    Veterans Education and Employment Amendments of 1989

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

    Substituted · 38 U.S.C. § 3680(e)

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

    Source evidence

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

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

35. 1989

    Veterans Education and Employment Amendments of 1989

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

    Substituted · 38 U.S.C. § 3680(g)

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

    Source evidence

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

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

36. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 415(a) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3680(g)

    Pub. L. 101–237, § 415(a), substituted “the Secretary may withhold payment of benefits to such eligible veteran or eligible person until the required proof is received and the amount of the payment is appropriately adjusted. The Secretary may accept such veteran’s or person’s monthly certification of enrollment in and satisfactory pursuit of such veteran’s or person’s program as sufficient proof of the certified matters.” for “the Administrator is authorized to withhold the final payment of benefits to such person until the required proof is received and the amount of the final payment is appropriately adjusted.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–237, § 415(a), substituted “the Secretary may withhold payment of benefits to such eligible veteran or eligible person until the required proof is received and the amount of the payment is appropriately adjusted. The Secretary may accept such veteran’s or person’s monthly certification of enrollment in and satisfactory pursuit of such veteran’s or person’s program as sufficient proof of the certified matters.” for “the Administrator is authorized to withhold the final payment of benefits to such person until the required proof is received and the amount of the final payment is appropriately adjusted.”

    Enacted provision · exact public law section
    (a) Withholding of Benefits; Form of Proof.— Section 1780(g) is amended by striking out “the Administrator is authorized” in the second sentence and all that follows through the period at the end of that sentence and inserting in lieu thereof “the Secretary may withhold payment of benefits to such eligible veteran or eligible person until the required proof is received and the amount of the payment is appropriately adjusted. The Secretary may accept such veteran’s or person’s monthly certification of enrollment in and satisfactory pursuit of such veteran’s or person’s program as sufficient proof of the certified matters.”.

37. 1991

    Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 title IV § 402(d)(1) · 105 Stat. 187

    Substituted · 38 U.S.C. § 3680(e)

    Pub. L. 102–40 substituted “5302” for “3102”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–40 substituted “5302” for “3102”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

38. 1991

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

    Changed · 38 U.S.C. § 3680

    Pub. L. 102–83, § 5(a), renumbered section 1780 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1780 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.

39. 1991

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

    Substituted · 38 U.S.C. § 3680(a)

    Pub. L. 102–83, § 5(c)(1), substituted “3108, 3482, 3491, or 3532” for “1508, 1682, 1691, or 1732” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3108, 3482, 3491, or 3532” for “1508, 1682, 1691, or 1732” in introductory provisions.

    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.

40. 1991

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

    Substituted · 38 U.S.C. § 3680(a)(4)

    Pub. L. 102–83, § 5(c)(1), substituted “3686” for “1786”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 102–83, § 5(c)(1), substituted “3686” for “1786”.

    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.

41. 1991

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

    Substituted · 38 U.S.C. § 3680(f)

    Pub. L. 102–83, § 5(c)(1), substituted “3482(b) or 3532(a)(2)” for “1682(b) or 1732(a)(2)”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 102–83, § 5(c)(1), substituted “3482(b) or 3532(a)(2)” for “1682(b) or 1732(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.

42. 1991

    Veterans’ Educational Assistance Amendments of 1991

    Pub. L. 102–127 § 6(a) · 105 Stat. 619

    Amended · 38 U.S.C. § 3680(a)(3)

    Pub. L. 102–127 amended cl. (3) generally. Prior to amendment, cl. (3) read as follows: “to any eligible veteran or person for a course for which the grade assigned is not used in computing the requirements for graduation including a course from which the student withdraws unless the Secretary finds there are mitigating circumstances, except that, in the first instance of withdrawal by an eligible veteran or person from a course or courses with respect to which such veteran or person has been paid assistance under this title, mitigating circumstances shall be considered to exist with respect to courses totaling not more than six semester hours or the equivalent thereof; or”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 102–127 amended cl. (3) generally. Prior to amendment, cl. (3) read as follows: “to any eligible veteran or person for a course for which the grade assigned is not used in computing the requirements for graduation including a course from which the student withdraws unless the Secretary finds there are mitigating circumstances, except that, in the first instance of withdrawal by an eligible veteran or person from a course or courses with respect to which such veteran or person has been paid assistance under this title, mitigating circumstances shall be considered to exist with respect to courses totaling not more than six semester hours or the equivalent thereof; or”.

    Enacted provision · exact public law section
    (a) In General.— Clause (3) of section 3680(a) of title 38, United States Code, is amended to read as follows— “(3) to any eligible veteran or person for a course for which the grade assigned is not used in computing the requirements for graduation including a course from which the student withdraws unless— “(A) the eligible veteran or person withdraws because he or she is ordered to active duty; or “(B) the Secretary finds there are mitigating circumstances, except that, in the first instance of withdrawal (without regard to withdrawals described in subclause (A) of this clause) by the eligible veteran or person from a course or courses with respect to which the veteran or person has been paid assistance under this title, mitigating circumstances shall be considered to exist with respect to courses totaling not more than six semester hours or the equivalent thereof; or”.

43. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 title III § 314 · 106 Stat. 4320

    1. Amended · 38 U.S.C. § 3680(e)

       Pub. L. 102–568 designated existing provisions as par. (1)

    2. Substituted · 38 U.S.C. § 3680(e)

       Pub. L. 102–568 substituted “Subject to paragraph (2), if” for “If”

    3. Struck · 38 U.S.C. § 3680(e)

       Pub. L. 102–568 struck out comma after “eligible person”

    4. Added · 38 U.S.C. § 3680(e)

       Pub. L. 102–568 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–568 designated existing provisions as par. (1), substituted “Subject to paragraph (2), if” for “If”, struck out comma after “eligible person”, and added par. (2).

    Enacted provision · exact public law section
    SEC. 314. TREATMENT OF ADVANCE PAYMENTS OF CERTAIN ASSISTANCE TO VETERANS WHO DIE. (a) Treatment.— Section 3680(e) is amended— (1) by striking out “(e) If” and inserting in lieu thereof “(e)(i) Subject to paragraph (2), if”; and (2) by adding at the end the following new paragraph: “(2) Paragraph (1) shall not apply to the recovery of an overpayment of an educational allowance or subsistence allowance advance payment to an eligible veteran or eligible person who fails to enroll in or pursue a course of education for which the payment is made if such failure is due to the death of the veteran or person.”. (b) Technical Amendment.— Section 368(e)(1) (as amended by subsection (a)) is further amended by striking out “eligible person,” and inserting in lieu thereof “eligible person”.

44. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 § 605(a)(2)(B) · 108 Stat. 4645

    1. Inserted · 38 U.S.C. § 3680(a)(2)(4)

       Pub. L. 103–446, § 605(a)(2)(B), inserted “or” at end of par. (2)

    2. Substituted · 38 U.S.C. § 3680(a)(2)(4)

       Pub. L. 103–446, § 605(a)(2)(B), substituted period for “; or” at end of par. (3)

    3. Struck · 38 U.S.C. § 3680(a)(2)(4)

       Pub. L. 103–446, § 605(a)(2)(B), struck out par. (4) which read as follows: “to any eligible veteran or person for pursuit of a program of education exclusively by correspondence as authorized under section 3686 of this title or for the pursuit of a correspondence portion of a combination correspondence-residence course leading to a vocational objective where the normal period of time required to complete such correspondence course or portion is less than 6 months. A certification as to the normal period of time required to complete the course must be made to the Secretary by the educational institution.”

    Source evidence

    Code amendment note
    Subsec. (a)(2) to (4). Pub. L. 103–446, § 605(a)(2)(B), inserted “or” at end of par. (2), substituted period for “; or” at end of par. (3), and struck out par. (4) which read as follows: “to any eligible veteran or person for pursuit of a program of education exclusively by correspondence as authorized under section 3686 of this title or for the pursuit of a correspondence portion of a combination correspondence-residence course leading to a vocational objective where the normal period of time required to complete such correspondence course or portion is less than 6 months. A certification as to the normal period of time required to complete the course must be made to the Secretary by the educational institution.”

    Enacted provision · exact public law section
    (B) Section 3680(a) is amended— (i) by inserting “or” at the end of paragraph (2); (ii) by striking out “; or” at the end of paragraph (3) and inserting in lieu thereof a period; and (iii) by striking out paragraph (4).

45. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 § 1201(i)(6) · 108 Stat. 4645

    Substituted · 38 U.S.C. § 3680(a)(C)

    Pub. L. 103–446, § 1201(i)(6), substituted “one full” for “1 full”

    Source evidence

    Code amendment note
    Subsec. (a)(C). Pub. L. 103–446, § 1201(i)(6), substituted “one full” for “1 full”.

    Enacted provision · exact public law section
    (6) Section 3680(a)(C) is amended by striking out “1 full” and inserting in lieu thereof “one full”.

46. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title I § 121(a) · 114 Stat. 1822

    Amended · 38 U.S.C. § 3680(a)(C)

    Pub. L. 106–419 amended subcl. (C) generally. Prior to amendment, subcl. (C) read as follows: “during periods between a semester, term, or quarter where the educational institution certifies the enrollment of the eligible veteran or eligible person on an individual semester, term, or quarter basis if the interval between such periods does not exceed one full calendar month.”

    Source evidence

    Code amendment note
    Subsec. (a)(C). Pub. L. 106–419 amended subcl. (C) generally. Prior to amendment, subcl. (C) read as follows: “during periods between a semester, term, or quarter where the educational institution certifies the enrollment of the eligible veteran or eligible person on an individual semester, term, or quarter basis if the interval between such periods does not exceed one full calendar month.”

    Enacted provision · exact public law section
    (a) In General.— Subclause (C) of the third sentence of section3680(a) is amended to read as follows: “(C) during periods between school terms where the educational institution certifies the enrollment of the eligible veteran or eligible person on an individual term basis if (i) the period between those terms does not exceed eight weeks, and (ii) both the terms preceding and following the period are not shorter in length than the period.”.

47. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 title I § 104(b) · 115 Stat. 976

    Amended · 38 U.S.C. § 3680(g)

    Pub. L. 107–103 amended heading and text of subsec. (g) generally. Prior to amendment, text read as follows: “The Secretary may, pursuant to regulations which the Secretary shall prescribe, determine and define enrollment in, pursuit of, and attendance at, any program of education or training or course by an eligible veteran or eligible person for any period for which the veteran or person receives an educational assistance or subsistence allowance under this chapter for pursuing such program or course. Subject to such reports and proof as the Secretary may require to show an eligible veteran’s or eligible person’s enrollment in and satisfactory pursuit of such person’s program, the Secretary may withhold payment of benefits to such eligible veteran or eligible person until the required proof is received and the amount of the payment is appropriately adjusted. The Secretary may accept such veteran’s or person’s monthly certification of enrollment in and satisfactory pursuit of such veteran’s or person’s program as sufficient proof of the certified matters.”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 107–103 amended heading and text of subsec. (g) generally. Prior to amendment, text read as follows: “The Secretary may, pursuant to regulations which the Secretary shall prescribe, determine and define enrollment in, pursuit of, and attendance at, any program of education or training or course by an eligible veteran or eligible person for any period for which the veteran or person receives an educational assistance or subsistence allowance under this chapter for pursuing such program or course. Subject to such reports and proof as the Secretary may require to show an eligible veteran’s or eligible person’s enrollment in and satisfactory pursuit of such person’s program, the Secretary may withhold payment of benefits to such eligible veteran or eligible person until the required proof is received and the amount of the payment is appropriately adjusted. The Secretary may accept such veteran’s or person’s monthly certification of enrollment in and satisfactory pursuit of such veteran’s or person’s program as sufficient proof of the certified matters.”

    Enacted provision · exact public law section
    (b) Restatement and Enhancement of Certain Administrative authorities.— Subsection (g) of section 3680 is amended to read as follows: “(g) “Determination of Enrollment, Pursuit, and Attendance (1) The Secretary may, pursuant to regulations which the Regulations. Secretary shall prescribe, determine and define with respect to an eligible veteran and eligible person the following: “(A) Enrollment in a course or program of education or training. “(B) Pursuit of a course or program of education or training. “(C) Attendance at a course or program of education or training. “(2) The Secretary may withhold payment of benefits to an eligible veteran or eligible person until the Secretary receives such proof as the Secretary may require of enrollment in and satisfactory pursuit of a program of education by the eligible veteran or eligible person. The Secretary shall adjust the payment withheld, when necessary, on the basis of the proof the Secretary receives. “(3) In the case of an individual other than an individual described in paragraph (4), the Secretary may accept the individual’s monthly certification of enrollment in and satisfactory pursuit of a program of education as sufficient proof of the certified matters. “(4) In the case of an individual who has received an accelerated payment of basic educational assistance under section 3014A of this title during an enrollment period for a program of education, the Secretary may accept the individual’s certification of enrollment in and satisfactory pursuit of the program of education as sufficient proof of the certified matters if the certification is submitted after the enrollment period has ended.”.

48. 2006

    Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

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

    Changed · 38 U.S.C. § 3680

    Pub. L. 109–233 revised style of subsec. headings

    Source evidence

    Code amendment note
    Pub. L. 109–233 revised style of subsec. headings.

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

49. 2011

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

    Pub. L. 111–377 title II § 206(a) · 124 Stat. 4106

    Substituted · 38 U.S.C. § 3680(a)

    Pub. L. 111–377, in concluding provisions, substituted “of this subsection during periods when schools are temporarily closed under an established policy based on an Executive order of the President or due to an emergency situation. However, the total number of weeks for which allowances may continue to be so payable in any 12-month period may not exceed 4 weeks.” for “of this subsection—” and subcls. (A) to (C) which related to periods when schools are temporarily closed, periods of 30 days or less between consecutive school terms during which veterans or persons transfer to another approved educational institution, and periods of certified term-basis enrollment between school terms, respectively

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–377, in concluding provisions, substituted “of this subsection during periods when schools are temporarily closed under an established policy based on an Executive order of the President or due to an emergency situation. However, the total number of weeks for which allowances may continue to be so payable in any 12-month period may not exceed 4 weeks.” for “of this subsection—” and subcls. (A) to (C) which related to periods when schools are temporarily closed, periods of 30 days or less between consecutive school terms during which veterans or persons transfer to another approved educational institution, and periods of certified term-basis enrollment between school terms, respectively.

    Enacted provision · exact public law section
    (a) In General.— The flush matter following clause (3)(B) of section 3680(a) is amended by striking “of this subsection—” and all that follows and inserting “of this subsection during periods when schools are temporarily closed under an established policy based on an Executive order of the President or due to an emergency situation. However, the total number of weeks for which allowances may continue to be so payable in any 12-month period may not exceed 4 weeks.”.

50. 2017

    Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 title I § 109(b) · 131 Stat. 973

    1. Amended · 38 U.S.C. § 3680(a)

       Pub. L. 115–48 designated existing provisions as par. (1)

    2. Redesignated · 38 U.S.C. § 3680(a)

       Pub. L. 115–48 redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1) and former subpars. (A) and (B) of par. (3) as cls. (i) and (ii), respectively, of subpar. (C)

    3. Substituted · 38 U.S.C. § 3680(a)

       Pub. L. 115–48 substituted “Except as provided in paragraph (2), payment of” for “Payment of” in cl. (ii) of par. (1)(C)

    4. Substituted · 38 U.S.C. § 3680(a)

       Pub. L. 115–48 substituted “described in clause (i)” for “described in subclause (A) of this clause” in cl. (ii) of par. (1)(C)

    5. Added · 38 U.S.C. § 3680(a)

       Pub. L. 115–48 added par. (2)

    6. Struck · 38 U.S.C. § 3680(a)

       Pub. L. 115–48 struck out concluding provisions which read as follows: “Notwithstanding the foregoing, the Secretary may, subject to such regulations as the Secretary shall prescribe, continue to pay allowances to eligible veterans and eligible persons enrolled in courses set forth in clause (1) of this subsection during periods when schools are temporarily closed under an established policy based on an Executive order of the President or due to an emergency situation. However, the total number of weeks for which allowances may continue to be so payable in any 12-month period may not exceed 4 weeks.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–48 designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1) and former subpars. (A) and (B) of par. (3) as cls. (i) and (ii), respectively, of subpar. (C), substituted “Except as provided in paragraph (2), payment of” for “Payment of” in introductory provisions of par. (1) and “described in clause (i)” for “described in subclause (A) of this clause” in cl. (ii) of par. (1)(C), added par. (2), and struck out concluding provisions which read as follows: “Notwithstanding the foregoing, the Secretary may, subject to such regulations as the Secretary shall prescribe, continue to pay allowances to eligible veterans and eligible persons enrolled in courses set forth in clause (1) of this subsection during periods when schools are temporarily closed under an established policy based on an Executive order of the President or due to an emergency situation. However, the total number of weeks for which allowances may continue to be so payable in any 12-month period may not exceed 4 weeks.”

    Enacted provision · exact public law section
    (b) Monthly Housing Stipend.— (1) In general.— Subsection (a) section 3680 is amended— (A) by striking the matter after paragraph (3)(B); (B) in paragraph (3), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (C) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (D) in the matter preceding subparagraph (A), as redesignated, in the first sentence, by striking “Payment of” and inserting “(1) Except as provided in paragraph (2), payment of”; and (E) by adding at the end the following new paragraph (2): “(2) Notwithstanding paragraph (1), the Secretary may, pursuant to such regulations as the Secretary shall prescribe, continue to pay allowances to eligible veterans and eligible persons enrolled in courses set forth in paragraph (1)(A)— “(A) during periods when educational institutions are temporarily closed under an established policy based on an Executive order of the President or due to an emergency situation, except that the total number of weeks for which allowances may continue to be so payable in any 12-month period may not exceed 4 weeks; or “(B) solely for the purpose of awarding a monthly housing stipend described in section 3313 of this title, during periods following a permanent closure of an educational institution, or following the disapproval of a course of study described in section 3699(b)(1)(B) of this title, except that payment of such a stipend may only be continued until the earlier of— “(i) the date of the end of the term, quarter, or semester during which the closure or disapproval occurred; and “(ii) the date that is 120 days after the date of the closure or disapproval.” . (2) Conforming amendment.— Paragraph (1)(C)(ii) of such subsection, as redesignated, is amended by striking “described in subclause (A) of this clause” and inserting “described in clause (i)”.

51. 2017

    Veterans Apprenticeship and Labor Opportunity Reform Act

    Pub. L. 115–89 § 3 · 131 Stat. 1279

    Substituted · 38 U.S.C. § 3680(c)

    Pub. L. 115–89 substituted “receives from the training establishment a certification” for “shall have received—

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–89 substituted “receives from the training establishment a certification” for “shall have received—

    “(1) from such veteran or person a certification as to such veteran’s or person’s actual attendance during such period; and “(2) from the training establishment a certification, or an endorsement on the veteran’s or person’s certificate,”.

    Enacted provision · exact public law section
    SEC. 3. ELIMINATION OF CERTAIN CERTIFICATION REQUIREMENT FOR ASSISTANCE FOR APPRENTICESHIP AND OTHER ON-JOB TRAINING.   Section 3680(c) of title 38, United States Code, is amended by striking “shall have received—” and all that follows through “person’s certificate,” and inserting “receives from the training establishment a certification”.

52. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 title I § 1007(b) · 134 Stat. 4932

    Inserted · 38 U.S.C. § 3680(a)(2)(B)

    Pub. L. 116–315 inserted “or a subsistence allowance described in section 3108” before “, during” and “or allowance” after “such a stipend”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 116–315 inserted “or a subsistence allowance described in section 3108” before “, during” and “or allowance” after “such a stipend”.

    Enacted provision · exact public law section
    (b) Payment of Subsistence Allowances.— Section 3680(a)(2)(B) of title 38, United States Code, is amended— (1) by inserting “or a subsistence allowance described in section 3108” before “, during”; and (2) by inserting “or allowance” after “such a stipend”.

53. 2021

    Responsible Education Mitigating Options and Technical Extensions Act

    Pub. L. 117–76 § 4(a)(1) · 135 Stat. 1517

    Substituted · 38 U.S.C. § 3680(a)(1)

    Pub. L. 117–76, § 4(a)(1), substituted “in paragraphs (2) and (3)” for “in paragraph (2)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 117–76, § 4(a)(1), substituted “in paragraphs (2) and (3)” for “in paragraph (2)” in introductory provisions.

    Enacted provision · exact public law section
    (1) in paragraph (1), in the matter before subparagraph (A), by striking “in paragraph (2)” and inserting “in paragraphs (2) and (3)”; and

54. 2021

    Responsible Education Mitigating Options and Technical Extensions Act

    Pub. L. 117–76 § 4(a)(2) · 135 Stat. 1517

    Added · 38 U.S.C. § 3680(a)(3)

    Pub. L. 117–76, § 4(a)(2), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 117–76, § 4(a)(2), added par. (3).

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph: “(3) Notwithstanding paragraph (1), in the case of an eligible veteran or eligible person who is pursuing a program of education on less than a half-time basis during a period that is the last semester, term, or academic period the veteran or person will be enrolled in the program of education because the veteran or person will complete the program of education at the end of that semester, term, or academic period, the Secretary may, pursuant to such regulations as the Secretary shall prescribe, provide to the veteran or person educational assistance under chapter 30, 31, 32, 33, 34, or 35 of this title or under chapter 1606 of title 10, including a monthly housing stipend described in section 3313(c) of this title, on the basis of the total number of credits or courses in which the veteran or person is enrolled, if— “(A) the number of credits the veteran or person needs to complete the program of education is less than the number of credits that would constitute enrollment on a more than half-time basis for that last semester, term, or academic period; and “(B) the veteran or person— “(i) is enrolled in, or has completed, every course offered by the program of education during the last semester, term, or academic period in which the veteran or person is enrolled in the program of education; and “(ii) enrolls in an additional course that is not required for the completion of such program of education and the enrollment in the non-required course in addition to the required course or courses in which the veteran or person is enrolled constitutes enrollment on more than a half-time basis.” .

55. 2023

    Veterans Auto and Education Improvement Act of 2022

    Pub. L. 117–333 § 6(a) · 136 Stat. 6121

    Added · 38 U.S.C. § 3680(h)

    Pub. L. 117–333 added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 117–333 added subsec. (h).

    Enacted provision · exact public law section
    (a) In General.— Section 3680 of title 38, United States Code, is amended by adding at the end the following new subsection: “(h) Payments During Emergency Situations.— (1) The Secretary may pay allowances to an eligible veteran or eligible person under subsection (a)(2)(A), if the veteran or person is enrolled in a program or course of education that— “(A) is provided by an educational institution or training establishment that is closed by reason of an emergency situation; or “(B) is suspended by reason of an emergency situation. “(2) The total number of weeks for which allowances may be paid by reason of this subsection may not exceed four weeks. “(3) Any amount paid under this subsection shall not be counted for purposes of the limitation on allowances under subsection (a)(2)(A).” .

56. 2025

    Pub. L. 118–210 title II § 208(a) · 138 Stat. 2765

    1. Amended · 38 U.S.C. § 3680(a)(3)

       Pub. L. 118–210 designated existing provisions as subpar. (A)

    2. Struck · 38 U.S.C. § 3680(a)(3)

       Pub. L. 118–210 struck out “, including a monthly housing stipend described in section 3313(c) of this title,” after “chapter 1606 of title 10”

    3. Redesignated · 38 U.S.C. § 3680(a)(3)

       Pub. L. 118–210 redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively

    4. Redesignated · 38 U.S.C. § 3680(a)(3)

       Pub. L. 118–210 redesignated cls. (i) and (ii) of former subpar. (B) as subcls. (I) and (II), respectively, of cl. (ii)

    5. Added · 38 U.S.C. § 3680(a)(3)

       Pub. L. 118–210 added subpar. (B)

    Unresolved: Pub. L. 118–210 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 118–210 designated existing provisions as subpar. (A), struck out “, including a monthly housing stipend described in section 3313(c) of this title,” after “chapter 1606 of title 10”, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, redesignated cls. (i) and (ii) of former subpar. (B) as subcls. (I) and (II), respectively, of cl. (ii), and added subpar. (B).

    Effective date note
    Pub. L. 118–210, title II, § 208(b), Jan. 2, 2025, 138 Stat. 2765, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Jan 2, 2025] and apply with respect to a quarter, semester, or term, as applicable, commencing on or after January 1, 2025.”

78 of 88 references resolved to an enrolled provision · 5 partial · 5 unresolved