
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3474]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
              CHAPTER 34--VETERANS' EDUCATIONAL ASSISTANCE
 
                       SUBCHAPTER III--ENROLLMENT
 
Sec. 3474. Discontinuance for unsatisfactory conduct or progress

    The Secretary shall discontinue the educational assistance allowance 
of an eligible veteran if, at any time, the Secretary finds that 
according to the regularly prescribed standards and practices of the 
educational institution, the veteran's attendance, conduct, or progress 
is unsatisfactory. The Secretary may renew the payment of the 
educational assistance allowance only if the Secretary finds that--
        (1) the veteran will be resuming enrollment at the same 
    educational institution in the same program of education and the 
    educational institution has both approved such veteran's 
    reenrollment and certified it to the Department of Veterans Affairs; 
    or
        (2) in the case of a proposed change of either educational 
    institution or program of education by the veteran--
            (A) the cause of the unsatisfactory attendance, conduct, or 
        progress has been removed;
            (B) the program proposed to be pursued is suitable to the 
        veteran's aptitudes, interests, and abilities; and
            (C) if a proposed change of program is involved, the change 
        meets the requirements for approval under section 3691 of this 
        title.

(Added Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 16, Sec. 1674; 
amended Pub. L. 94-502, title II, Secs. 206, 211(8), Oct. 15, 1976, 90 
Stat. 2387, 2388; Pub. L. 95-202, title III, Sec. 305(b)(1), Nov. 23, 
1977, 91 Stat. 1443; Pub. L. 96-466, title III, Sec. 306, Oct. 17, 1980, 
94 Stat. 2193; Pub. L. 101-237, title IV, Secs. 411(a), 412(b), 
423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2085, 2092; renumbered 
Sec. 3474 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 
105 Stat. 406.)


                            Prior Provisions

    Provisions similar to those comprising the first sentence of this 
section were contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1178, 
which was classified to former section 1624 of this title, prior to 
repeal by section 4(a) of Pub. L. 89-358.


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1674 of this 
title as this section.
    Par. (2)(C). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3691'' for 
``1791''.
    1989--Pub. L. 101-237, Sec. 423(b)(1)(A), substituted ``Secretary'' 
for ``Administrator'' wherever appearing.
    Pub. L. 101-237, Sec. 412(b), substituted ``attendance, conduct,'' 
for ``conduct''.
    Pars. (1), (2). Pub. L. 101-237, Sec. 411(a), added pars. (1) and 
(2) and struck out former pars. (1) and (2) which read as follows:
    ``(1) the cause of the unsatisfactory conduct or progress of the 
eligible veteran has been removed; and
    ``(2) the program which the eligible veteran now proposes to pursue 
(whether the same or revised) is suitable to the veteran's aptitudes, 
interests, and abilities.''
    1980--Pub. L. 96-466 struck out provisions relating to the 
conditions upon which a veteran's progress would be considered 
unsatisfactory.
    1977--Pub. L. 95-202 inserted provisions authorizing the 
Administrator to determine the veteran's progress to be satisfactory 
even though the veteran will graduate within a length of time exceeding 
the approved length if the additional length of time is reasonable in 
accordance with regulations.
    1976--Pub. L. 94-502, Sec. 211(8), inserted provision specifying 
progress as unsatisfactory when the veteran will not be able to graduate 
within the approved length of the course.
    Pub. L. 94-502, Sec. 206, substituted ``the veteran's'' for ``his'' 
in two places and ``if the Administrator finds'' for ``if he finds''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as 
otherwise specifically provided, see section 802(c) of Pub. L. 96-466, 
set out as a note under section 3452 of this title.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-202 effective first day of first month 
beginning 60 days after Nov. 23, 1977, 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 206 and 211(8) of Pub. L. 94-502 effective 
Dec. 1, 1976, and Oct. 15, 1976, respectively, see section 703(b), (c) 
of Pub. L. 94-502, set out as an Effective Date note under section 3693 
of this title.


     Study of Methods To Improve Process Under Which Postsecondary 
 Educational Institutions and Courses Are Approved; Report by September 
        30, 1979; Suspension of Implementation of 1976 Amendment

    Section 305(b)(2)-(4) of Pub. L. 95-202, as amended by Pub. L. 96-
466, title VIII, Sec. 801(m)(2), Oct. 17, 1980, 94 Stat. 2217, directed 
Administrator of Veterans' Affairs to study specific methods for 
improving process by which postsecondary educational institutions and 
courses at such institutions are approved for purposes of chapters 32, 
34, 35, and 36 of this title, and need for legislative and 
administrative action regarding discontinuing educational assistance 
allowances to eligible veterans whose conduct or progress is 
unsatisfactory, required submission of a report on the study to 
President and Congress not later than Sept. 30, 1979, and directed 
Administrator to suspend implementation of certain amendments by Pub. L. 
94-502 until submission of report.

                  Section Referred to in Other Sections

    This section is referred to in sections 3034, 3241 of this title; 
title 10 section 16136.
