
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-103 Section 103(a)]
[Document affected by Public Law 107-103 Section 108(b)(1)]
[Document affected by Public Law 107-103 Section 108(c)(1)]
[Document affected by Public Law 107-103 Section 108(c)(4)]
[CITE: 38USC3511]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
      CHAPTER 35--SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE
 
               SUBCHAPTER II--ELIGIBILITY AND ENTITLEMENT
 
Sec. 3511. Duration of educational assistance

    (a)(1) Each eligible person shall be entitled to educational 
assistance under this chapter for a 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 individual's 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, in connection with the Persian Gulf War, to serve on active 
    duty under section 672(a), (d), or (g), 673, 673b,\1\ or 688 of 
    title 10; and
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
        (ii) failed to receive credit or training time toward completion 
    of the individual's 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 the provisions of section 3501(a)(1)(A)(iii) or 3501(a)(1)(C) 
    of this title is no longer listed in one of the categories specified 
    therein, or
        (3) the spouse, as an eligible person under section 
    3501(a)(1)(D) of this title, is divorced, without fault on such 
    person's part, from the person upon whose disability such person's 
    eligibility is based,

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, Sec. 1711; Pub. L. 88-
361, Sec. 2, July 7, 1964, 78 Stat. 297; Pub. L. 89-358, Sec. 4(k), Mar. 
3, 1966, 80 Stat. 24; Pub. L. 90-631, Secs. 1(c), 2(d), Oct. 23, 1968, 
82 Stat. 1331, 1332; Pub. L. 91-24, Sec. 9(b), June 11, 1969, 83 Stat. 
34; Pub. L. 91-584, Sec. 2, Dec. 24, 1970, 84 Stat. 1575; Pub. L. 94-
502, title III, Secs. 303, 310(6), Oct. 15, 1976, 90 Stat. 2390, 2391; 
renumbered Sec. 3511 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 406; Pub. L. 102-127, Sec. 2(c), Oct. 10, 1991, 105 
Stat. 620.)

                       References in Text

    Sections 672, 673, and 673b of title 10, referred to in subsec. 
(a)(2)(B)(i), were renumbered sections 12301, 12302, and 12304, 
respectively, of Title 10, Armed Forces, by Pub. L. 103-337, div. A, 
title XVI, Sec. 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992. A new section 
672 of Title 10 was enacted by section 1662(e)(4) of Pub. L. 103-337.


                               Amendments

    1991--Pub. L. 102-83, Sec. 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, Sec. 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, Sec. 303(1), substituted ``45 
months'' for ``thirty-six months''.
    Subsec. (b). Pub. L. 94-502, Secs. 303(2), 310(6), substituted ``the 
spouse'' for ``she'', ``such person's'' 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, Secs. 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, Sec. 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, Sec. 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 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3512, 3533, 3541 of this 
title.
