
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 114(a)]
[Document affected by Public Law 106-419 Section 122(a)]
[Document affected by Public Law 107-103 Section 108(a)]
[Document affected by Public Law 107-103 Section 110(a)]
[CITE: 38USC3501]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
      CHAPTER 35--SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE
 
                        SUBCHAPTER I--DEFINITIONS
 
Sec. 3501. Definitions

    (a) For the purposes of this chapter and chapter 36 of this title--
        (1) The term ``eligible person'' means--
            (A) a child of a person who--
                (i) died of a service-connected disability,
                (ii) has a total disability permanent in nature 
            resulting from a service-connected disability, or who died 
            while a disability so evaluated was in existence, or
                (iii) at the time of application for benefits under this 
            chapter is a member of the Armed Forces serving on active 
            duty listed, pursuant to section 556 of title 37 and 
            regulations issued thereunder, by the Secretary concerned in 
            one or more of the following categories and has been so 
            listed for a total of more than ninety days: (A) missing in 
            action, (B) captured in line of duty by a hostile force, or 
            (C) forcibly detained or interned in line of duty by a 
            foreign government or power.

            (B) the surviving spouse of any person who died of a 
        service-connected disability,
            (C) the spouse of any member of the Armed Forces serving on 
        active duty who, at the time of application for benefits under 
        this chapter is listed, pursuant to section 556 of title 37 and 
        regulations issued thereunder, by the Secretary concerned in one 
        or more of the following categories and has been so listed for a 
        total of more than ninety days: (i) missing in action, (ii) 
        captured in line of duty by a hostile force, or (iii) forcibly 
        detained or interned in line of duty by a foreign government or 
        power, or
            (D) the spouse of any person who has a total disability 
        permanent in nature resulting from a service-connected 
        disability, or the surviving spouse of a veteran who died while 
        a disability so evaluated was in existence,

    arising out of active military, naval, or air service after the 
    beginning of the Spanish-American War, but only if such service did 
    not terminate under dishonorable conditions. The standards and 
    criteria for determining whether or not a disability arising out of 
    such service is service connected shall be those applicable under 
    chapter 11 of this title.
        (2) The term ``child'' includes individuals who are married and 
    individuals who are above the age of twenty-three years.
        (3) The term ``duty with the Armed Forces'' as used in section 
    3512 of this title means (A) active duty, (B) active duty for 
    training for a period of six or more consecutive months, or (C) 
    active duty for training required by section 12103(d) of title 10.
        (4) The term ``guardian'' includes a fiduciary legally appointed 
    by a court of competent jurisdiction, or any other person who has 
    been appointed by the Secretary under section 5502 of this title to 
    receive payment of benefits for the use and benefit of the eligible 
    person.
        (5) The term ``program of education'' means any curriculum or 
    any combination of unit courses or subjects pursued at an 
    educational institution which is generally accepted as necessary to 
    fulfill the requirements for the attainment of a predetermined and 
    identified educational, professional, or vocational objective.
        (6) The term ``educational institution'' means any public or 
    private secondary school, vocational school, correspondence school, 
    business school, junior college, teachers' college, college, normal 
    school, professional school, university, or scientific or technical 
    institution, or any other institution if it furnishes education at 
    the secondary school level or above.
        (7) The term ``special restorative training'' means training 
    furnished under subchapter V of this chapter.
        (8) The term ``total disability permanent in nature'' means any 
    disability rated total for the purposes of disability compensation 
    which is based upon an impairment reasonably certain to continue 
    throughout the life of the disabled person.
        (9) The term ``training establishment'' means any establishment 
    providing apprentice or other training on the job, including those 
    under the supervision of a college or university or any State 
    department of education, or any State apprenticeship agency, or any 
    State board of vocational education, or any joint apprenticeship 
    committee, or the Bureau of Apprenticeship and Training established 
    pursuant to the Act of August 16, 1937, popularly known as the 
    ``National Apprenticeship Act'' (29 U.S.C. 50 et seq.), or any 
    agency of the Federal Government authorized to supervise such 
    training.
        (10) The term ``institution of higher learning'' means a 
    college, university, or similar institution, including a technical 
    or business school, offering postsecondary level academic 
    instruction that leads to an associate or higher degree if the 
    school is empowered by the appropriate State education authority 
    under State law to grant an associate or higher degree. When there 
    is no State law to authorize the granting of a degree, the school 
    may be recognized as an institution of higher learning if it is 
    accredited for degree programs by a recognized accrediting agency. 
    Such term shall also include a hospital offering educational 
    programs at the postsecondary level without regard to whether the 
    hospital grants a postsecondary degree. Such term shall also include 
    an educational institution which is not located in a State, which 
    offers a course leading to a standard college degree, or the 
    equivalent, and which is recognized by the secretary of education 
    (or comparable official) of the country or other jurisdiction in 
    which the institution is located.
        (11) The term ``standard college degree'' means an associate or 
    higher degree awarded by (A) an institution of higher learning that 
    is accredited as a collegiate institution by a recognized regional 
    or national accrediting agency; or (B) an institution of higher 
    learning that is a ``candidate'' for accreditation as that term is 
    used by the regional or national accrediting agencies; or (C) an 
    institution of higher learning upon completion of a course which is 
    accredited by an agency recognized to accredit specialized degree-
    level programs. For the purpose of this section, the accrediting 
    agency must be one recognized by the Secretary of Education under 
    the provisions of section 3675 of this title.

    (b) If an eligible person has attained the person's majority and is 
under no known legal disability, all references in this chapter to 
``parent or guardian'' shall refer to the eligible person.
    (c) Any provision of this chapter which requires any action to be 
taken by or with respect to the parent or guardian of an eligible person 
who has not attained such person's majority, or who, having attained 
such person's majority, is under a legal disability, shall not apply 
when the Secretary determines that its application would not be in the 
best interest of the eligible person, would result in undue delay, or 
would not be administratively feasible. In such a case the Secretary, 
where necessary to protect the interest of the eligible person, may 
designate some other person (who may be the eligible person) as the 
person by or with respect to whom the action so required should be 
taken.
    (d) No eligible person may be afforded educational assistance under 
this chapter unless such person was discharged or released after each 
period such person was on duty with the Armed Forces under conditions 
other than dishonorable, or while such person is on duty with the Armed 
Forces.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1193, Sec. 1701; Pub. L. 86-
236, Sec. 1, Sept. 8, 1959, 73 Stat. 471; Pub. L. 86-785, Secs. 1-3, 
Sept. 14, 1960, 74 Stat. 1023; Pub. L. 88-361, Sec. 1, July 7, 1964, 78 
Stat. 297; Pub. L. 89-222, Sec. 3, Sept. 30, 1965, 79 Stat. 896; Pub. L. 
89-349, Sec. 1, Nov. 8, 1965, 79 Stat. 1313; Pub. L. 89-358, Sec. 4(j), 
Mar. 3, 1966, 80 Stat. 24; Pub. L. 90-631, Sec. 2(b), (c), Oct. 23, 
1968, 82 Stat. 1332; Pub. L. 91-24, Sec. 9(a), June 11, 1969, 83 Stat. 
34; Pub. L. 91-584, Sec. 1, Dec. 24, 1970, 84 Stat. 1575; Pub. L. 92-
540, title III, Sec. 309, Oct. 24, 1972, 86 Stat. 1083; Pub. L. 93-295, 
title III, Sec. 302, May 31, 1974, 88 Stat. 184; Pub. L. 94-502, title 
III, Secs. 302, 310(2)-(5), Oct. 15, 1976, 90 Stat. 2389, 2391; Pub. L. 
96-466, title III, Sec. 327(a), title VIII, Sec. 801(c), Oct. 17, 1980, 
94 Stat. 2197, 2216; Pub. L. 98-160, title VII, Sec. 702(12), Nov. 21, 
1983, 97 Stat. 1009; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), Dec. 
18, 1989, 103 Stat. 2092; Pub. L. 102-40, title IV, Sec. 402(d)(1), May 
7, 1991, 105 Stat. 239; renumbered Sec. 3501 and amended Pub. L. 102-83, 
Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104-106, div. A, 
title XV, Sec. 1501(e)(2)(C), Feb. 10, 1996, 110 Stat. 501.)

                       References in Text

    The National Apprenticeship Act, referred to in subsec. (a)(9), is 
act Aug. 16, 1937, ch. 663, 50 Stat. 664, as amended which is classified 
generally to chapter 4C (Sec. 50 et seq.) of Title 29, Labor. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 50 of Title 29 and Tables.


                            Prior Provisions

    Prior sections 3501 to 3505 were renumbered sections 6101 to 6105 of 
this title, respectively.


                               Amendments

    1996--Subsec. (a)(3)(C). Pub. L. 104-106 substituted ``section 
12103(d) of title 10'' for ``section 511(d) of title 10''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1701 of this 
title as this section.
    Subsec. (a)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3512'' 
for ``1712''.
    Subsec. (a)(4). Pub. L. 102-40 substituted ``5502'' for ``3202''.
    Subsec. (a)(11). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3675'' 
for ``1775''.
    1989--Subsecs. (a)(4), (c). Pub. L. 101-237 substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    1983--Subsec. (a)(1)(A)(iii), (C). Pub. L. 98-160, Sec. 702(12)(A), 
struck out ``, United States Code,'' after ``title 37'' and inserted a 
comma after ``regulations issued thereunder''.
    Subsec. (a)(9). Pub. L. 98-160, Sec. 702(12)(B), substituted ``the 
Act of August 16, 1937, popularly known as the `National Apprenticeship 
Act' (29 U.S.C. 50 et seq.)'' for ``chapter 4C of title 29''.
    1980--Subsec. (a). Pub. L. 96-466, Sec. 801(c)(1), inserted ``and 
chapter 36 of this title'' after ``chapter'' in introductory text.
    Subsec. (a)(9). Pub. L. 96-466, Sec. 801(c)(2), substituted ``The'' 
for ``For the purposes of this chapter and chapter 36 of this title, 
the''.
    Subsec. (a)(10). Pub. L. 96-466, Secs. 327(a), 801(c)(2), 
substituted ``The'' for ``For the purposes of this chapter and chapter 
36 of this title, the'' and inserted provision including within the term 
``institution of higher learning'' an educational institution which is 
not located in a State, which offers a course leading to a standard 
college degree, or the equivalent, and which is recognized as such by 
the secretary of education (or comparable official) of the country or 
other jurisdiction in which the institution is located.
    Subsec. (a)(11). Pub. L. 96-466, Sec. 801(c)(2), (3), substituted 
``The'' for ``For the purposes of this chapter and chapter 36 of this 
title, the'' and ``Secretary of Education'' for ``Commissioner of 
Education''.
    1976--Subsec. (a)(1). Pub. L. 94-502, Sec. 310(2), substituted 
``surviving spouse'' for ``widow'' and ``spouse'' for ``wife'' in two 
places.
    Subsec. (a)(10), (11). Pub. L. 94-502, Sec. 302, added pars. (10), 
(11).
    Subsec. (b). Pub. L. 94-502, Sec. 310(3), substituted ``the 
person's'' for ``his'' and ``the eligible person'' for ``the eligible 
person himself''.
    Subsec. (c). Pub. L. 94-502, Sec. 310(4), substituted ``such 
person's'' for ``his'' and ``be the eligible person'' for ``be the 
eligible person himself'' in the parenthetical phrase.
    Subsec. (d). Pub. L. 94-502, Sec. 310(5), substituted ``such 
person'' for ``he'' in three places.
    1974--Subsec. (a)(4). Pub. L. 93-295 substituted ``any other person 
who has been appointed by the Administrator under section 3202 of this 
title to receive payment of benefits for the use and benefit of the 
eligible person'' for ``any person who is determined by the 
Administrator in accordance with section 3202 of this title to be 
otherwise legally vested with the care of the eligible person''.
    1972--Subsec. (a)(6). Pub. L. 92-540, Sec. 309(1), inserted 
reference to correspondence school within the definition of 
``educational institution''.
    Subsec. (a)(9). Pub. L. 92-540, Sec. 309(2), added par. (9).
    1970--Subsec. (a)(1)(A). Pub. L. 91-584, Sec. 1(3), added cl. (iii).
    Subsec. (a)(1)(C), (D). Pub. L. 91-584, Sec. 1(5), (6), added 
subpar. (C) and redesignated former subpar. (C) as (D).
    1969--Subsec. (a)(2). Pub. L. 91-24 substituted ``the age of twenty-
three years'' for ``the age of twenty-one years''.
    1968--Subsec. (a)(1). Pub. L. 90-631, Sec. 2(b), extended the 
definition of ``eligible person'' to include the widow of any person who 
died of a service-connected disability, or the wife of any person who 
has a total disability permanent in nature resulting from a service-
connected disability, or the widow of a veteran who died while a 
disability so evaluated was in existence.
    Subsec. (d). Pub. L. 90-631, Sec. 2(c), substituted provisions 
requiring that any eligible person seeking educational assistance under 
this chapter to have been discharged or released after each period he 
was on duty with the armed forces under conditions other than 
dishonorable, or while he is on duty with the armed forces, for 
provisions setting forth the purposes of educational assistance programs 
established under this chapter.
    1966--Subsec. (a)(1). Pub. L. 89-358, Sec. 4(j)(3), struck out ``and 
prior to the end of the induction period'' after ``Spanish-American 
War''.
    Subsec. (a)(3)(C). Pub. L. 89-358, Sec. 4(j)(1), substituted 
``section 511(d) of title 10'' for ``section 1013(c)(1) of title 50''.
    Subsec. (a)(8) to (10). Pub. L. 89-358, Sec. 4(j)(2), struck out 
par. (8) including the Canal Zone in the term ``State'' (now 
incorporated in section 101(20) of this title) and par. (9) defining 
``induction period'' and redesignated par. (10) as (8).
    Subsec. (d). Pub. L. 89-358, Sec. 4(j)(3), struck out ``and prior to 
the end of the induction period'' after ``Spanish-American War''.
    1965--Subsec. (a)(1). Pub. L. 89-349, Sec. 1(a), (b), generally 
amended par. (1) and, among other changes, substituted ``after the 
beginning of the Spanish-American War and prior to the end of the 
induction period'' for ``during the Spanish-American War, World War I, 
World War II, the Korean conflict, or the induction period'' in first 
sentence.
    Pub. L. 89-222 substituted ``such service'' the second time it 
appears for ``service during the Spanish-American War, World War I, 
World War II, or the Korean conflict'' and struck out provisions which 
prescribed the applicable standards and criteria for determining whether 
or not a disability arising out of service during the induction period 
is service-connected.
    Subsec. (a)(9). Pub. L. 89-349, Sec. 1(c), struck out provisions 
which included the period beginning Sept. 16, 1940, and ending Dec. 6, 
1941, and the period beginning Jan. 1, 1947, and ending June 26, 1950, 
within the term ``induction period''.
    Subsec. (d). Pub. L. 89-349, Sec. 1(d), substituted ``after the 
beginning of the Spanish-American War and prior to the end of the 
induction period'' for ``during the Spanish-American War, World War I, 
World War II, the Korean conflict, or the induction period''.
    1964--Subsec. (a)(1). Pub. L. 88-361, Sec. 1(a), included the child 
of a person who has a service-connected disability, or who died while 
such disability existed.
    Subsec. (a)(10). Pub. L. 88-361, Sec. 1(b), added par. (10).
    Subsec. (d). Pub. L. 88-361, Sec. 1(c), inserted ``disability or'' 
before ``death'' wherever appearing.
    1960--Subsec. (a)(1). Pub. L. 86-785, Sec. 1, substituted ``the 
Korean conflict, or the induction period'' for ``or the Korean 
conflict'', inserted ``arising out of service during the Spanish-
American War, World War I, World War II, or the Korean conflict'' after 
``whether or not a disability'', and inserted the sentence relating to 
the criteria for determining whether a disability arising out of service 
during the induction period is service connected.
    Subsec. (a)(9). Pub. L. 86-785, Sec. 2, added par. (9).
    Subsec. (d). Pub. L. 86-785, Sec. 3, substituted ``the Korean 
conflict, or the induction period'' for ``or the Korean conflict''.
    1959--Subsecs. (a)(1), (d). Pub. L. 86-236 inserted reference to 
Spanish-American War.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective as if included in the Reserve 
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as 
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set 
out as a note under section 113 of Title 10, Armed Forces.


                    Effective Date of 1980 Amendment

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


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-502 effective Oct. 15, 1976, see section 
703(b) of Pub. L. 94-502, set out as an Effective Date note under 
section 3693 of this title.


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-295 effective first day of second calendar 
month following May 31, 1974, see section 401 of Pub. L. 93-295, set out 
as a note under section 1114 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.


                             Eligible Person

    Pub. L. 86-785, Sec. 5, Sept. 14, 1960, 74 Stat. 1024, as amended by 
Pub. L. 87-815, Sec. 2(b), Oct. 15, 1962, 76 Stat. 927, which contained 
a savings clause which granted five years of educational training to 
certain children of veterans dying of disabilities incurred subsequent 
to the Korean War, was repealed by Pub. L. 91-24, Sec. 14(c), June 11, 
1969, 83 Stat. 35, effective June 11, 1969, except as to any 
indebtedness which may be due the Government as the result of any 
benefits granted thereunder.


                Children of Spanish-American War Veterans

    Period of eligibility for educational assistance of children of 
Spanish-American War Veterans, see section 2 of Pub. L. 86-236, set out 
as a note under section 3512 of this title.


                    Termination of Eligibility Period

    Termination of eligibility period for a wife or widow, or an 
eligible person eight years from Oct. 24, 1972, see section 604 of Pub. 
L. 92-540, set out as a note under section 3512 of this title.
    The period referred to in section 1712 [now 3512] of this title as 
ending five years from Nov. 8, 1965, in the case of any individual who 
is an ``eligible person'' within the meaning of subsec. (a)(1) of this 
section solely by virtue of the amendment made by section 1 of Pub. L. 
89-349 to this section, and who is above the age of seventeen years and 
below the age of twenty-three years on Nov. 8, 1965, see section 2 of 
Pub. L. 89-349, set out as a note under section 3512 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3511, 3512, 3540, 3563, 
3565, 3686, 3687, 7721 of this title; title 5 section 5924.
