38-U.S.C.-3511
§3511 – Duration of Educational Assistance
Pathway
Title 38 > Part III > Chapter 35 > Subchapter II > Section 3511
Details
- Reference: Section 3511
- Legend: §3511 – Duration of Educational Assistance
- USCode Year: 2013
Provision Content
(a)(1) Each eligible person, whether made eligible by one or more of the provisions of section 3501(a)(1) of this title, shall be entitled to educational assistance under this chapter for an aggregate period not in excess of 45 months (or to the equivalent thereof in part-time training).
(2)(A) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of an educational assistance allowance described in subparagraph (B) of this paragraph shall not—
(i) be charged against the entitlement of any individual under this chapter; or
(ii) be counted toward the aggregate period for which section 3695 of this title limits an individuals receipt of assistance.
(B) The payment of the educational assistance allowance referred to in subparagraph (A) of this paragraph is the payment of such an allowance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual—
(i) had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 or of being involuntarily ordered to full-time National Guard duty under section 502(f) of title 32; and
(ii) failed to receive credit or training time toward completion of the individuals approved educational, professional, or vocational objective as a result of having to discontinue, as described in clause (i) of this subparagraph, his or her course pursuit.
(C) The period for which, by reason of this subsection, an educational assistance allowance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the portion of the period of enrollment in the course or courses for which the individual failed to receive credit or with respect to which the individual lost training time, as determined under subparagraph (B)(ii) of this paragraph.
(b) If any eligible person pursuing a program of education, or of special restorative training, under this chapter ceases to be an eligible person because—
(1) the parent or spouse from whom eligibility is derived is found no longer to have a total disability permanent in nature, as defined in section 3501(a)(8) of this title,
(2) the parent or spouse from whom eligibility is derived based upon section 3501(a)(1)(C) of this title is no longer listed in one of the categories specified therein,
(3) the spouse, as an eligible person under subparagraph (D) or (E) of section 3501(a)(1) of this title, is divorced, without fault on such persons part, from the person upon whose disability such persons eligibility is based, or
(4) the parent or spouse from whom such eligibility is derived based upon subparagraph (E) of section 3501(a)(1) of this title no longer meets a requirement under clause (i), (ii), or (iii) of that subparagraph,
then such eligible person (if such person has sufficient remaining entitlement) may, nevertheless, be afforded educational assistance under this chapter until the end of the quarter or semester for which enrolled if the educational institution in which such person is enrolled is operated on a quarter or semester system, or if the educational institution is not so operated until the end of the course, or until 12 weeks have expired, whichever first occurs.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1194, §1711; Pub. L. 88–361, §2, July 7, 1964, 78 Stat. 297; Pub. L. 89–358, §4(k), Mar. 3, 1966, 80 Stat. 24; Pub. L. 90–631, §§1(c), 2(d), Oct. 23, 1968, 82 Stat. 1331, 1332; Pub. L. 91–24, §9(b), June 11, 1969, 83 Stat. 34; Pub. L. 91–584, §2, Dec. 24, 1970, 84 Stat. 1575; Pub. L. 94–502, title III, §§303, 310(6), Oct. 15, 1976, 90 Stat. 2390, 2391; renumbered §3511 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–127, §2(c), Oct. 10, 1991, 105 Stat. 620; Pub. L. 107–103, title I, §§103(a), 108(b)(1), (c)(1), Dec. 27, 2001, 115 Stat. 979, 985; Pub. L. 109–233, title V, §503(7), June 15, 2006, 120 Stat. 416; Pub. L. 109–444, §3(b)(2), Dec. 21, 2006, 120 Stat. 3306; Pub. L. 109–461, title III, §§301(b)(2), 302(a), title X, §1006(b), Dec. 22, 2006, 120 Stat. 3425, 3428, 3468.)
Amendments
2006—Pub. L. 109–461, §1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.
Subsec. (a)(1). Pub. L. 109–461, §301(b)(2)(A), substituted Each eligible person, whether made eligible by one or more of the provisions of section 3501(a)(1) of this title, for Each eligible person and an aggregate period for a period in first sentence and struck out second sentence, which read as follows: In no event may the aggregate educational assistance afforded to a spouse made eligible under both sections 3501(a)(1)(D)(i) and 3501(a)(1)(D)(ii) of this title exceed 45 months.
Pub. L. 109–444, §3(b)(2)(A), which substituted Each eligible person, whether made eligible by one or more of the provisions of section 3501(a)(1) of this title, for Each eligible person and an aggregate period for a period in first sentence and struck out second sentence, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.
Pub. L. 109–233 inserted sections after under both.
Subsec. (a)(2)(B)(i). Pub. L. 109–461, §302(a), inserted or of being involuntarily ordered to full-time National Guard duty under section 502(f) of title 32 after title 10.
Subsec. (b)(2). Pub. L. 109–461, §301(b)(2)(B)(i), substituted section for the provisions of section 3501(a)(1)(A)(iii) or and struck out or at end.
Pub. L. 109–444, §3(b)(2)(B)(i), which substituted section for the provisions of section 3501(a)(1)(A)(iii) or and struck out or at end, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.
Subsec. (b)(3). Pub. L. 109–461, §301(b)(2)(B)(ii), substituted subparagraph (D) or (E) of section 3501(a)(1) for section 3501(a)(1)(D) and inserted or after comma at end.
Pub. L. 109–444, §3(b)(2)(B)(ii), which substituted subparagraph (D) or (E) of section 3501(a)(1) for section 3501(a)(1)(D) and inserted or after comma at end, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.
Subsec. (b)(4). Pub. L. 109–461, §301(b)(2)(B)(iii), added par. (4).
Pub. L. 109–444, §3(b)(2)(B)(iii), which added par. (4) identical to that added by Pub. L. 109–461, §301(b)(2)(B)(iii), was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.
Subsec. (c). Pub. L. 109–461, §301(b)(2)(C), struck out subsec. (c), which read as follows: Any entitlement used by an eligible person as a result of eligibility under section 3501(a)(1)(A)(iii), 3501(a)(1)(C), or 3501(a)(1)(D)(i) of this title shall be deducted from any entitlement to which such person may subsequently be entitled under this chapter.
Pub. L. 109–444, §3(b)(2)(C), which struck out subsec. (c), was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.
2001—Subsec. (a)(1). Pub. L. 107–103, §108(c)(1), inserted at end In no event may the aggregate educational assistance afforded to a spouse made eligible under both 3501(a)(1)(D)(i) and 3501(a)(1)(D)(ii) of this title exceed 45 months.
Subsec. (a)(2)(B)(i). Pub. L. 107–103, §103(a), substituted to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; for , in connection with the Persian Gulf War, to serve on active duty under section 672(a), (d), or (g), 673, 673b, or 688 of title 10;.
Subsec. (c). Pub. L. 107–103, §108(b)(1), added subsec. (c).
1991—Pub. L. 102–83, §5(a), renumbered section 1711 of this title as this section.
Subsec. (a). Pub. L. 102–127 designated existing provisions as par. (1) and added par. (2).
Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted 3501(a)(8) for 1701(a)(8) in par. (1), 3501(a)(1)(A)(iii) or 3501(a)(1)(C) for 1701(a)(1)(A)(iii) or 1701(a)(1)(C) in par. (2), and 3501(a)(1)(D) for 1701(a)(1)(D) in par. (3).
1976—Subsec. (a). Pub. L. 94–502, §303(1), substituted 45 months for thirty-six months.
Subsec. (b). Pub. L. 94–502, §§303(2), 310(6), substituted the spouse for she, such persons for her in two places, such person for he or she in two places, and 12 weeks for nine weeks.
1970—Subsec. (b). Pub. L. 91–584 added par. (2), redesignated former par. (2) as (3), and substituted 1701(a)(1)(D) for 1701(a)(1)(C).
1969—Subsec. (b)(1). Pub. L. 91–24 substituted section 1701(a)(8) of this title for section 1701(a)(10) of this title.
1968—Subsec. (b). Pub. L. 90–631, §§1(c), 2(d), redesignated subsec. (d) as (b) and extended applicability of subsec. from any child pursuing a program of education or training to any eligible person pursuing such program, and expanded causes of persons ceasing to be eligible persons to include spouses no longer found to have a total disability permanent in nature as defined under section 1701(a)(10) of this title, and the individual, as an eligible person under section 1701(a)(1)(C) of this title, is divorced, without fault on her part, from the person upon whose disability her eligibility is based. Former subsec. (b), setting forth reductions in the period of entitlement of an eligible person, was struck out.
Subsec. (c). Pub. L. 90–631, §1(c), struck out subsec. (c) which required an eligible person to elect either educational assistance or vocational rehabilitation when such person is entitled to both, or becomes entitled to vocational rehabilitation after receiving educational assistance.
Subsec. (d). Pub. L. 90–631, §1(c), redesignated subsec. (d) as (b).
1966—Subsec. (b). Pub. L. 89–358 substituted 34 for 33 and inserted or under chapter 33 of this title as in effect before February 1, 1965.
1964—Subsec. (d). Pub. L. 88–361 added subsec. (d).
Effective Date of 2006 Amendment
Amendment by section 301(b)(2) of Pub. L. 109–461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title.
Pub. L. 109–461, title III, §302(b), Dec. 22, 2006, 120 Stat. 3428, provided that: The amendment made by subsection (a) [amending this section] shall apply with respect to a payment of educational assistance allowance made after September 11, 2001.
Effective Date of 2001 Amendment
Amendment by section 103(a) of Pub. L. 107–103 effective Sept. 11, 2001, see section 103(e) of Pub. L. 107–103, set out as a note under section 3013 of this title.
Pub. L. 107–103, title I, §108(c)(4), Dec. 27, 2001, 115 Stat. 985, provided that: The amendments made by this subsection [amending this section and section 3512 of this title] shall apply with respect to any determination (whether administrative or judicial) of the eligibility of a spouse or surviving spouse for educational assistance under chapter 35 of title 38, United States Code, made on or after the date of the enactment of this Act [Dec. 27, 2001], whether pursuant to an original claim for such assistance or pursuant to a reapplication or attempt to reopen or readjudicate a claim for such assistance.
Effective Date of 1976 Amendment
Amendment by sections 303 and 310(6) of Pub. L. 94–502 effective Oct. 1, 1976, and Oct. 15, 1976, 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 1968 Amendment
Amendment by Pub. L. 90–631 effective first day of second calendar month which begins after Oct. 23, 1968, see section 6(a) of Pub. L. 90–631, set out as an Effective Date note under section 3500 of this title.
U.S. Encyclopedia of Law Coverage
38-U.S.C.-3481 in the Legal Encyclopedia: Veterans
In this entry about 38-U.S.C.-3481, find legal reference material, bibliographies and premiere content related to veterans in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans-specific issues, written by authorities in the field.
Title 38 – Veterans' Benefits in the Legal Encyclopedia: Survivors
In this entry about Title 38 – Veterans' Benefits, find legal reference material, bibliographies and premiere content related to survivors in the American Encyclopedia of Law, presenting a comprehensive view of the United States survivors-specific issues, written by authorities in the field.
38-U.S.C.-3511 in the Legal Encyclopedia: Readjustment
In this entry about 38-U.S.C.-3511, find legal reference material, bibliographies and premiere content related to readjustment in the American Encyclopedia of Law, presenting a comprehensive view of the United States readjustment-specific issues, written by authorities in the field.
Title 38 – Veterans' Benefits in the Legal Encyclopedia: Dependents
In this entry about Title 38 – Veterans' Benefits, find legal reference material, bibliographies and premiere content related to dependents in the American Encyclopedia of Law, presenting a comprehensive view of the United States dependents-specific issues, written by authorities in the field.
38-U.S.C.-3491 in the Legal Encyclopedia: Benefits
In this entry about 38-U.S.C.-3491, find legal reference material, bibliographies and premiere content related to benefits in the American Encyclopedia of Law, presenting a comprehensive view of the United States benefits-specific issues, written by authorities in the field.
Leave a Reply