Title 38 — Veterans’ Benefits
Part III · Chapter 36 — Administration of Educational Benefits
§ 3686. Correspondence courses
Statutory text
Each eligible veteran (as defined in section 3452(a)(1) and (2) of this title) and each eligible spouse or surviving spouse (as defined in section 3501(a)(1)(B), (C), (D), or (E) of this title) who enters into an enrollment agreement to pursue a program of education exclusively by correspondence shall be paid an educational assistance allowance computed at the rate of 55 percent of the established charge which the institution requires nonveterans to pay for the course or courses pursued by the eligible veteran or spouse or surviving spouse. The term “established charge” as used herein means the charge for the course or courses determined on the basis of the lowest extended time payment plan offered by the institution and approved by the appropriate State approving agency or the actual cost to the veteran or spouse or surviving spouse, whichever is the lesser. Such allowance shall be paid quarterly on a pro rata basis for the lessons completed by the veteran or spouse or surviving spouse and serviced by the institution.
The period of entitlement of any veteran or spouse or surviving spouse who is pursuing any program of education exclusively by correspondence shall be charged with one month for each $376 which is paid to the veteran or spouse or surviving spouse as an educational assistance allowance for such course.
Notwithstanding any other provision of law unless enacted in express limitation of this paragraph, funds in the Department of Veterans Affairs readjustment benefits account shall be available for payments under paragraph (1) of this subsection for pursuit of a program of education exclusively by correspondence in which the veteran or spouse or surviving spouse enrolls after .
The enrollment agreement shall fully disclose the obligation of both the institution and the veteran or spouse or surviving spouse and shall prominently display the provisions for affirmance, termination, refunds, and the conditions under which payment of the allowance is made by the Secretary to the veteran or spouse or surviving spouse. A copy of the enrollment agreement shall be furnished to each such veteran or spouse or surviving spouse at the time such veteran or spouse or surviving spouse signs such agreement. No such agreement shall be effective unless such veteran or spouse or surviving spouse shall, after the expiration of five days after the enrollment agreement is signed, have signed and submitted to the Secretary a written statement, with a signed copy to the institution, specifically affirming the enrollment agreement. In the event the veteran or spouse or surviving spouse at any time notifies the institution of such veteran’s or spouse’s intention not to affirm the agreement in accordance with the preceding sentence, the institution, without imposing any penalty or charging any fee shall promptly make a full refund of all amounts paid.
In the event a veteran or spouse or surviving spouse elects to terminate such veteran’s or spouse’s enrollment under an affirmed enrollment agreement, the institution may charge the veteran or spouse or surviving spouse a registration or similar fee not in excess of 10 percent of the tuition for the course, or $50, whichever is less. Where the veteran or spouse or surviving spouse elects to terminate the agreement after completion of one or more but less than 25 percent of the total number of lessons comprising the course, the institution may retain such registration or similar fee plus 25 percent of the tuition for the course. Where the veteran or spouse or surviving spouse elects to terminate the agreement after completion of 25 percent but less than 50 percent of the lessons comprising the course, the institution may retain the full registration or similar fee plus 50 percent of the course tuition. If 50 percent or more of the lessons are completed, no refund of tuition is required.
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.
Vietnam Era Veterans’ Readjustment Assistance Act of 1972
Pub. L. 92–540 title III § 316(1) · 86 Stat. 1074
Enacted · 38 U.S.C. § 3686
Added Pub. L. 92–540, title III, § 316(1), Oct. 24, 1972, 86 Stat. 1084, § 1786
Source evidence
Code source credit
Added Pub. L. 92–540, title III, § 316(1), Oct. 24, 1972, 86 Stat. 1084, § 1786Enacted provision · exact public law section
(1) striking out sections 1786 and 1787 and inserting in lieu thereof the following: “§ 1786. Correspondence courses “(a) (1) Each eligible veteran (as defined in section 1652(a) (1) 80 Stat. 13. 82 Stat. 1332; 84 Stat. 1575. and (2) of this title) and each eligible wife or widow (as defined in section 1701(a) (1) (B), (C), or (D) of this title) who enters into an enrollment agreement to pursue a program of education exclusively by correspondence shall be paid an educational assistance allowance computed at the rate of 90 per centum of the established charge which the institution requires non veterans to pay for the course or courses “Established charge.” pursued by the eligible veteran or wife or widow. The term ‘established charge’ as used herein means the charge for the course or courses determined on the basis of the lowest extended time payment plan offered by the institution and approved by the appropriate State approving agency or the actual cost to the veteran or wife or widow, whichever is the lesser. Such allowance shall be paid quarterly on a pro rata basis for the lessons completed by the veteran or wife or widow and serviced by the institution. “(2) The period of entitlement of any veteran or wife or widow who is pursuing any program of education exclusively by correspondence shall be charged with one month for each $220 which is paid to the veteran or wife or widow as an educational assistance allowance for such course. “(b) The enrollment agreement shall fully disclose the obligation of both the institution and the veteran or wife or widow and shall prominently display the provisions for affirmance, termination, refunds, and the conditions under which payment of the allowance is made by the Administrator to the veteran or wife or widow, A copy of the enrollment agreement shall be furnished to each such veteran or wife or widow at the time such veteran or wife or widow signs such agreement. No such agreement shall be effective unless such veteran or wife or widow shall, after the expiration of ten days after the enrollment agreement is signed, have signed and submitted to the Administrator a written statement, with a signed copy to the institution, specifically affirming the enrollment agreement. In the event the veteran or wife or widow at any time notifies the institution of his intention not to affirm the agreement in accordance with the preceding sentence, the institution, without imposing any penalty or charging any fee shall promptly make a full refund of all amounts paid. “(c) In the event, a veteran or wife or widow elects to terminate his enrollment under an affirmed enrollment agreement, the institution (other than one subject to the provisions of section 1776 of this title) 77 Stat. 159. 38 USC 1776. may charge the veteran or wife or widow a registration or similar fee not in excess of 10 per centum of the tuition for the course, or $50, whichever is less. Where the veteran or wife or widow elects to terminate the agreement after completion of one or more but less than 25 per centum of the total number of lessons comprising the course, the institution may retain such registration or similar fee plus 25 per centum of the tuition for the course. Where the veteran or wife or widow elects to terminate the agreement after completion of 25 per centum but less than 50 per centum of the lessons comprising the course, the institution may retain the full registration or similar fee plus 50 per centum of the course tuition. If 50 per centum or more of the lessons are completed, no refund of tuition is required. “§ 1787. Apprenticeship or other on-job training “(a) An eligible veteran (as defined in section 1652(a)(1) of this title) or an eligible person (as defined in section 1701(a) of this title) 80 Stat. 13; 84 Stat. 1577. 82 Stat. 1332; 84 Stat. 1575. shall be paid a training assistance allowance as prescribed by subsection (b) of this section while pursuing a full-time— “(1) program of apprenticeship approved by a State app roving agency as meeting the standards of apprenticeship published by the Secretary of Labor pursuant to section 50a of title 29, or 50 Stat. 665. “(2) program of other on-job training approved under provisions of section 1777 of this title, 81 Stat. 186; 84 Stat. 83. 38 USC 1651, 1700. subject to the conditions and limitations of chapters 34 and 35 with respect to educational assistance. “(b) (1) The monthly training assistance allowance of an eligible veteran pursuing a program described under subsection (a) shall be as follows: “Column I Column II Column III Column IV Column V Period 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 $160 $179 $196 $8. Second 6 months 120 139 156 8. Third 6 months 80 99 116 8. Fourth and any succeeding 6-month periods 40 59 76 8. 8. “(2) The monthly training assistance allowance of an eligible per-son pursuing a program described under subsection (a) shall be (A) $160 during the first six-month period, (B) $120 during the second six-month period, (C) $80 during the third six-month period, and (D) $40 during the fourth and any succeeding six-month period. “(3) In any month in which an eligible veteran or person pursuing a program of apprenticeship or a program of other on-job training fails to complete one hundred and twenty hours of training in such month, the monthly training assistance allowance set forth in subsection (b) (1) or (2) of this section, as applicable, shall be reduced proportionately in the proportion that the number of hours worked bears to one hundred and twenty hours rounded off to the nearest eight hours. “(c) For the purpose of this chapter, the terms ‘program of apprenticeship’ and ‘program of other on-job training’ shall have the same meaning as ‘program of education’; and the term ‘training assistance allowance’ shall have the same meaning as ‘educational assistance 80 Stat. 12; 72 Stat. 1193. 38 USC 1651, 1700. 80 Stat. 23; 82 Stat. 1331. allowance’ as set forth in chapters 34 and 35 of this title.”;Vietnam Era Veterans’ Readjustment Assistance Act of 1974
Pub. L. 93–508 title I § 104(1) · 88 Stat. 1578
Substituted · 38 U.S.C. § 3686(a)(2)
Pub. L. 93–508 substituted “$260” for “220”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 93–508 substituted “$260” for “220”.Enacted provision · exact public law section
(1) by striking out in section 1786(a) (2) “$220” and inserting in lieu thereof “$260”;Veterans’ Education and Rehabilitation Equalization Amendments Act of 1974
Pub. L. 93–602 title II § 205(a) · 88 Stat. 1957
Substituted · 38 U.S.C. § 3686(a)(2)
Pub. L. 93–602 substituted “$270” for “$260”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 93–602 substituted “$270” for “$260”.Enacted provision · exact public law section
Ante, p. 1580.(a) by striking out, in section 1786(a) (2) “$260” and inserting in lieu thereof “$270”; andVeterans’ Education and Employment Assistance Act of 1976
Pub. L. 94–502 § 513(a)(18) · 90 Stat. 2383
Substituted · 38 U.S.C. § 3686(a)(1)
Pub. L. 94–502, § 513(a)(18), substituted “spouse or surviving spouse” for “wife or widow” wherever appearing
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 94–502, § 513(a)(18), substituted “spouse or surviving spouse” for “wife or widow” wherever appearing.Enacted provision · exact public law section
(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 ;Veterans’ Education and Employment Assistance Act of 1976
Pub. L. 94–502 title V · 90 Stat. 2383
Substituted · 38 U.S.C. § 3686(a)(2)
Pub. L. 94–502, §§ 501(1), 513(a)(18), substituted “spouse or surviving spouse” for “wife or widow”
Substituted · 38 U.S.C. § 3686(a)(2)
Pub. L. 94–502, §§ 501(1), 513(a)(18), substituted “$292” for “$270”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 94–502, §§ 501(1), 513(a)(18), substituted “spouse or surviving spouse” for “wife or widow” in two places and “$292” for “$270”.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.Veterans’ Education and Employment Assistance Act of 1976
Pub. L. 94–502 § 513(a)(18) · 90 Stat. 2383
Substituted · 38 U.S.C. § 3686(b); 38 U.S.C. § 3686(c)
Pub. L. 94–502, § 513(a)(18), substituted “spouse or surviving spouse” for “wife or widow”
Substituted · 38 U.S.C. § 3686(b); 38 U.S.C. § 3686(c)
Pub. L. 94–502, § 513(a)(18), substituted “such veteran’s or spouse’s” for “his”
Source evidence
Code amendment note
Subsecs. (b), (c). Pub. L. 94–502, § 513(a)(18), substituted “spouse or surviving spouse” for “wife or widow” wherever appearing and “such veteran’s or spouse’s” for “his”.Enacted provision · exact public law section
(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 ;GI Bill Improvement Act of 1977
Pub. L. 95–202 title I § 104(1) · 91 Stat. 1433
Substituted · 38 U.S.C. § 3686(a)(2)
Pub. L. 95–202 substituted “$311” for “$292”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 95–202 substituted “$311” for “$292”.Enacted provision · exact public law section
(1) striking out in section 1786(a) (2) “$292” and inserting in 38 USC 1786. lieu thereof “$311”;Veterans’ Rehabilitation and Education Amendments of 1980
Pub. L. 96–466 § 604 · 94 Stat. 2171
Substituted · 38 U.S.C. § 3686(a)(1)
Pub. L. 96–466, § 604, substituted “70 percent” for “90 per centum”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 96–466, § 604, substituted “70 percent” for “90 per centum”.Enacted provision · exact public law section
Sec. 604. reduction in educational assistance for correspondence courses Section 1786(a)(1) is amended by striking out “90 per 38 USC 1786. centum” and inserting in lieu thereof “70 percent”.Veterans’ Rehabilitation and Education Amendments of 1980
Pub. L. 96–466 § 213(2) · 94 Stat. 2171
Substituted · 38 U.S.C. § 3686(a)(2)
Pub. L. 96–466, § 213(2), substituted “$342” for “$327”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 96–466, § 213(2), substituted “$342” for “$327”.Enacted provision · exact public law section
(2) striking out “$327” in section 1786(a)(2) and inserting in lieu 38 USC 1786. thereof “$342”;Veterans’ Rehabilitation and Education Amendments of 1980
Pub. L. 96–466 § 203(2) · 94 Stat. 2171
Substituted · 38 U.S.C. § 3686(a)(2)
Pub. L. 96–466, § 203(2), substituted “$327” for “$311”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 96–466, § 203(2), substituted “$327” for “$311”.Enacted provision · exact public law section
(2) striking out “$311” in section 1786(a)(2) and inserting in lieu 338 USC 1786. thereof “$327”;Pub. L. 97–35 title XX § 2004(a) · 95 Stat. 357
Substituted · 38 U.S.C. § 3686(a)(1)
Pub. L. 97–35 substituted “55” for “70”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 97–35 substituted “55” for “70”.Enacted provision · exact public law section
(a) Section 1786(a)(1) of title 38, United States Code, is amended by striking out “70 percent” and inserting in lieu thereof “55 percent”.Veterans’ Administration and Department of Defense Health Resources Sharing and Emergency Operations Act
Pub. L. 97–174 § 5(a) · 96 Stat. 70
Added · 38 U.S.C. § 3686(a)(3)
Pub. L. 97–174 added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 97–174 added par. (3).Enacted provision · exact public law section
(a) Section 1786(a) of title 38, United States Code, is amended by adding at the end the following new paragraph: “(3) Notwithstanding any other provision of law unless enacted in express limitation of this paragraph, funds in the Veterans’ Administration readjustment benefits account shall be available for payments under paragraph (1) of this subsection for pursuit of a program of education exclusively by correspondence in which the veteran or spouse or surviving spouse enrolls after September 30,Pub. L. 97–295 § 4(56) · 96 Stat. 1287
Substituted · 38 U.S.C. § 3686(c)
Pub. L. 97–295 substituted “percent” for “per centum” wherever appearing
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–295 substituted “percent” for “per centum” wherever appearing.Enacted provision · exact public law section
(56) Section 1786(c) is amended by striking out “per centum” 38 USC 1786. wherever it appears and substituting “percent”.Veterans’ Benefits Improvement Act of 1984
Pub. L. 98–543 title II § 204(1) · 98 Stat. 2735
Substituted · 38 U.S.C. § 3686(a)(2)
Pub. L. 98–543 substituted “$376” for “$342”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 98–543 substituted “$376” for “$342”.Enacted provision · exact public law section
(1) Section 1786(a)(2) is amended by striking out “$342” and inserting in lieu thereof “$376”.Veterans Education and Employment Amendments of 1989
Pub. L. 101–237 title IV § 423(b)(1) · 103 Stat. 2062
Substituted · 38 U.S.C. § 3686(a)(3); 38 U.S.C. § 3686(a)(b)
Pub. L. 101–237 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing
Source evidence
Code amendment note
Subsecs. (a)(3), (b). Pub. L. 101–237 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing.Enacted provision · exact public law section
(1) Chapters 30, 31, 32, 34, 35, and 36 are amended— (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and (B) by striking out “Veterans’ Administration” each place it appears and inserting in lieu thereof “Department of Veterans Affairs”.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 3686
Pub. L. 102–83, § 5(a), renumbered section 1786 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 1786 of this title as this section.Enacted provision · exact public law section
(a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 3686(a)(1)
Pub. L. 102–83, § 5(c)(1), substituted “3452(a)(1)” for “1652(a)(1)”
Substituted · 38 U.S.C. § 3686(a)(1)
Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(1)(B)” for “1701(a)(1)(B)”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 102–83, § 5(c)(1), substituted “3452(a)(1)” for “1652(a)(1)” and “3501(a)(1)(B)” for “1701(a)(1)(B)”.Enacted provision · exact public law section
(1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 3686(c)
Pub. L. 102–83, § 5(c)(1), substituted “3676” for “1776”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3676” for “1776”.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.Veterans’ Benefits Improvements Act of 1994
Pub. L. 103–446 title VI § 605(a)(2)(C) · 108 Stat. 4645
Struck · 38 U.S.C. § 3686(c)
Pub. L. 103–446 struck out “(other than one subject to the provisions of section 3676 of this title)” before “may charge”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–446 struck out “(other than one subject to the provisions of section 3676 of this title)” before “may charge”.Enacted provision · exact public law section
(C) Section 3686(c) is amended by striking out “(other than one subject to the provisions of section 3676 of this title)”.Pub. L. 109–444 § 3(c)(1) · 120 Stat. 3304
Substituted · 38 U.S.C. § 3686(a)(1)
Pub. L. 109–444, which substituted “(D), or (E)” for “or (D)”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–444, which substituted “(D), or (E)” for “or (D)”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.Enacted provision · exact public law section
(1) Sections 3686(a)(1) is amended by striking “or (D)” and inserting “(D), or (E)”.Veterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 § 1006(b) · 120 Stat. 3403
Changed · 38 U.S.C. § 3686(a)(1)
Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.Enacted provision · exact public law section
(b) Earlier Enactment of Veterans Programs Extension Act of 2006.— If this Act is enacted after the enactment of the Veterans Programs Extension Act of 2006, then as of the date of the enactment of this Act, the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall be deemed for all purposes not to have taken effect and the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall cease to be in effect.Effective date note
Amendment by section 301(c)(1) of Pub. L. 109–461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title.Veterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 § 301(c)(1) · 120 Stat. 3403
Substituted · 38 U.S.C. § 3686(a)(1)
Pub. L. 109–461, § 301(c)(1), substituted “(D), or (E)” for “or (D)”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–461, § 301(c)(1), substituted “(D), or (E)” for “or (D)”.Enacted provision · exact public law section
(1) Section 3686(a)(1) is amended by striking “or (D)” and inserting “(D), or (E)”.Effective date note
Amendment by section 301(c)(1) of Pub. L. 109–461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title.Veterans’ Benefits Improvement Act of 2008
Pub. L. 110–389 title III § 323 · 122 Stat. 4145
Substituted · 38 U.S.C. § 3686(b)
Pub. L. 110–389 substituted “five” for “ten”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 110–389 substituted “five” for “ten”.Enacted provision · exact public law section
SEC. 323. MODIFICATION OF WAITING PERIOD BEFORE AFFIRMATION OF ENROLLMENT IN A CORRESPONDENCE COURSE. Section 3686(b) is amended by striking “ten” and inserting “five”.
24 of 26 references resolved to an enrolled provision · 2 partial
Editorial Notes
Amendments1974–2008 · 13 rounds
2008
Subsec. (b). Pub. L. 110–389 substituted “five” for “ten”.
2006
Subsec. (a)(1). Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.
Pub. L. 109–461, § 301(c)(1), substituted “(D), or (E)” for “or (D)”.
Pub. L. 109–444, which substituted “(D), or (E)” for “or (D)”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
1994
Subsec. (c). Pub. L. 103–446 struck out “(other than one subject to the provisions of section 3676 of this title)” before “may charge”.
1991
Pub. L. 102–83, § 5(a), renumbered section 1786 of this title as this section.
Subsec. (a)(1). Pub. L. 102–83, § 5(c)(1), substituted “3452(a)(1)” for “1652(a)(1)” and “3501(a)(1)(B)” for “1701(a)(1)(B)”.
Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3676” for “1776”.
1989
Subsecs. (a)(3), (b). Pub. L. 101–237 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing.
1984
Subsec. (a)(2). Pub. L. 98–543 substituted “$376” for “$342”.
1982
Subsec. (a)(3). Pub. L. 97–174 added par. (3).
Subsec. (c). Pub. L. 97–295 substituted “percent” for “per centum” wherever appearing.
1981
Subsec. (a)(1). Pub. L. 97–35 substituted “55” for “70”.
1980
Subsec. (a)(1). Pub. L. 96–466, § 604, substituted “70 percent” for “90 per centum”.
Subsec. (a)(2). Pub. L. 96–466, § 213(2), substituted “$342” for “$327”.
Pub. L. 96–466, § 203(2), substituted “$327” for “$311”.
1977
Subsec. (a)(2). Pub. L. 95–202 substituted “$311” for “$292”.
1976
Subsec. (a)(1). Pub. L. 94–502, § 513(a)(18), substituted “spouse or surviving spouse” for “wife or widow” wherever appearing.
Subsec. (a)(2). Pub. L. 94–502, §§ 501(1), 513(a)(18), substituted “spouse or surviving spouse” for “wife or widow” in two places and “$292” for “$270”.
Subsecs. (b), (c). Pub. L. 94–502, § 513(a)(18), substituted “spouse or surviving spouse” for “wife or widow” wherever appearing and “such veteran’s or spouse’s” for “his”.
1975
Subsec. (a)(2). Pub. L. 93–602 substituted “$270” for “$260”.
1974
Subsec. (a)(2). Pub. L. 93–508 substituted “$260” for “220”.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by section 301(c)(1) of Pub. L. 109–461 applicable with respect to a payment of educational assistance for a course of education pursued after , see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–446 applicable with respect to programs of education exclusively by correspondence and to correspondence-residence courses commencing more than 90 days after , see section 605(b) of Pub. L. 103–446, set out as a note under section 3672 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–543 effective , see section 205 of Pub. L. 98–543, set out as a note under section 3108 of this title.
Effective Date of 1982 Amendment
Pub. L. 97–174, § 5(b), , 96 Stat. 76, provided that: “The amendment made by subsection (a) of this section [amending this section] shall take effect as of .”
Effective Date of 1981 Amendment
Pub. L. 97–35, title XX, § 2004(b), , 95 Stat. 782, provided that: “The amendment made by subsection (a) [amending this section] shall not apply to correspondence lessons completed and submitted to the educational institution concerned before .”
Effective Date of 1980 Amendment
Amendment by sections 203(2) and 213(2) of Pub. L. 96–466 effective , and , respectively, see section 802(b) of Pub. L. 96–466, set out as a note under section 3482 of this title.
Amendment by section 604 of Pub. L. 96–466 effective , except that such amendment not applicable to any person receiving educational assistance under chapter 34 or 35 of this title on , for the pursuit of a program of education in which such person is enrolled on that date, for as long as such person continuously thereafter is so enrolled and meets the requirements of eligibility for such assistance for the pursuit of such program under the provisions of such chapter and chapter 36 of this title as in effect on that date, see section 802(f) of Pub. L. 96–466, set out as an Effective Date note under section 5314 of this title.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95–202 effective retroactively to , see section 501 of Pub. L. 95–202, set out as a note under section 101 of this title.
Effective Date of 1976 Amendment
Amendment by sections 501(1) and 513(a)(18) of Pub. L. 94–502 effective , and , respectively, see section 703(a), (b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.
Effective Date of 1975 Amendment
Amendment by Pub. L. 93–602 effective , see section 206 of Pub. L. 93–602, set out as a note under section 3482 of this title.
Effective Date of 1974 Amendment
Amendment by Pub. L. 93–508 effective , see section 501 of Pub. L. 93–508, set out as a note under section 3482 of this title.
Effective Date
Pub. L. 92–540, title VI, § 602, , 86 Stat. 1099, provided that:
“(a) The provisions of section 1786 [now 3686] of title 38, United States Code (as added by section 316 of this Act), which apply to programs of education exclusively by correspondence, shall, as to those wives and widows made eligible for such training by that section, become effective , and, as to eligible veterans, shall apply only to those enrollment agreements which are entered into on or after .
“(b) Notwithstanding the provisions of subsection (a) of this section, any enrollment agreement entered into by an eligible veteran prior to , shall continue to be subject to the provisions of section 1682(c) of title 38, United States Code, prior to its repeal by section 303 of this Act.”
Termination of Eligibility Period
Termination of eligibility period for a wife or widow, or an eligible person eight years from , see section 604 of Pub. L. 92–540, set out as a note under section 3512 of this title.
Credits
1972–2008 · 16 acts
- 1972Added Pub. L. 92–540, title III, § 316(1), , 86 Stat. 1084, § 1786
- 1974amended Pub. L. 93–508, title I, § 104(1), , 88 Stat. 1580
- 1975Pub. L. 93–602, title II, § 205(a), , 88 Stat. 1958
- 1976Pub. L. 94–502, title V, §§ 501(1), 513(a)(18), , 90 Stat. 2398, 2403
- 1977Pub. L. 95–202, title I, § 104(1), , 91 Stat. 1435
- 1980Pub. L. 96–466, title II, §§ 203(2), 213(2), title VI, § 604, , 94 Stat. 2189, 2191, 2209
- 1981Pub. L. 97–35, title XX, § 2004(a), , 95 Stat. 782
- 1982Pub. L. 97–174, § 5(a), , 96 Stat. 75
- 1982Pub. L. 97–295, § 4(56), , 96 Stat. 1309
- 1984Pub. L. 98–543, title II, § 204(1), , 98 Stat. 2742
- 1989Pub. L. 101–237, title IV, § 423(b)(1), , 103 Stat. 2092
- 1991renumbered § 3686 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406
- 1994Pub. L. 103–446, title VI, § 605(a)(2)(C), , 108 Stat. 4672
- 2006Pub. L. 109–444, § 3(c)(1), , 120 Stat. 3307
- 2006Pub. L. 109–461, title III, § 301(c)(1), title X, § 1006(b), , 120 Stat. 3427, 3468
- 2008Pub. L. 110–389, title III, § 323, , 122 Stat. 4168.
Show as published
(Added Pub. L. 92–540, title III, § 316(1), , 86 Stat. 1084, § 1786; amended Pub. L. 93–508, title I, § 104(1), , 88 Stat. 1580; Pub. L. 93–602, title II, § 205(a), , 88 Stat. 1958; Pub. L. 94–502, title V, §§ 501(1), 513(a)(18), , 90 Stat. 2398, 2403; Pub. L. 95–202, title I, § 104(1), , 91 Stat. 1435; Pub. L. 96–466, title II, §§ 203(2), 213(2), title VI, § 604, , 94 Stat. 2189, 2191, 2209; Pub. L. 97–35, title XX, § 2004(a), , 95 Stat. 782; Pub. L. 97–174, § 5(a), , 96 Stat. 75; Pub. L. 97–295, § 4(56), , 96 Stat. 1309; Pub. L. 98–543, title II, § 204(1), , 98 Stat. 2742; Pub. L. 101–237, title IV, § 423(b)(1), , 103 Stat. 2092; renumbered § 3686 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406; Pub. L. 103–446, title VI, § 605(a)(2)(C), , 108 Stat. 4672; Pub. L. 109–444, § 3(c)(1), , 120 Stat. 3307; Pub. L. 109–461, title III, § 301(c)(1), title X, § 1006(b), , 120 Stat. 3427, 3468; Pub. L. 110–389, title III, § 323, , 122 Stat. 4168.)