
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 121(a)]
[Document affected by Public Law 107-103 Section 104(b)]
[Document affected by Public Law 106-419 Section 121(b)]
[CITE: 38USC3680]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
           CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
 
                 SUBCHAPTER II--MISCELLANEOUS PROVISIONS
 
Sec. 3680. Payment of educational assistance or subsistence 
        allowances
        

                  Period for Which Payment May Be Made

    (a) Payment of educational assistance or subsistence allowances to 
eligible veterans or eligible persons pursuing a program of education or 
training, other than a program by correspondence, in an educational 
institution under chapter 31, 34, or 35 of this title shall be paid as 
provided in this section and, as applicable, in section 3108, 3482, 
3491, or 3532 of this title. Such payments shall be paid only for the 
period of such veterans' or persons' enrollment in, and pursuit of, such 
program, but no amount shall be paid--
        (1) to any eligible veteran or eligible person for any period 
    when such veteran or person is not pursuing such veteran's or 
    person's course in accordance with the regularly established 
    policies and regulations of the educational institution, with the 
    provisions of such regulations as may be prescribed by the Secretary 
    pursuant to subsection (g) of this section, and with the 
    requirements of this chapter or of chapter 34 or 35 of this title, 
    but payment may be made for an actual period of pursuit of one or 
    more unit subjects pursued for a period of time shorter than the 
    enrollment period at the educational institution;
        (2) to any eligible veteran or person for auditing a course; or
        (3) 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--
            (A) the eligible veteran or person withdraws because he or 
        she is ordered to active duty; or
            (B) the Secretary finds there are mitigating circumstances, 
        except that, in the first instance of withdrawal (without regard 
        to withdrawals described in subclause (A) of this clause) by the 
        eligible veteran or person from a course or courses with respect 
        to which the veteran or person has been paid assistance under 
        this title, mitigating circumstances shall be considered to 
        exist with respect to courses totaling not more than six 
        semester hours or the equivalent thereof.

Notwithstanding the foregoing, the Secretary may, subject to such 
regulations as the Secretary shall prescribe, continue to pay allowances 
to eligible veterans and eligible persons enrolled in courses set forth 
in clause (1) 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;
        (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; 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 
    one full calendar month.

                 Correspondence Training Certifications

    (b) No educational assistance allowance shall be paid to an eligible 
veteran or spouse or surviving spouse enrolled in and pursuing a program 
of education exclusively by correspondence until the Secretary shall 
have received--
        (1) from the eligible veteran or spouse or surviving spouse a 
    certificate as to the number of lessons actually completed by the 
    veteran or spouse or surviving spouse and serviced by the 
    educational institution; and
        (2) from the training establishment a certification or an 
    endorsement on the veteran's or spouse's or surviving spouse's 
    certificate, as to the number of lessons completed by the veteran or 
    spouse or surviving spouse and serviced by the institution.

                Apprenticeship and Other On-Job Training

    (c) No training assistance allowance shall be paid to an eligible 
veteran or eligible person enrolled in and pursuing a program of 
apprenticeship or other on-job training until the Secretary shall have 
received--
        (1) from such veteran or person a certification as to such 
    veteran's or person's actual attendance during such period; and
        (2) from the training establishment a certification, or an 
    endorsement on the veteran's or person's certificate, that such 
    veteran or person was enrolled in and pursuing a program of 
    apprenticeship or other on-job training during such period.

    Advance Payment of Initial Educational Assistance or Subsistence 
                                Allowance

    (d)(1) The educational assistance or subsistence allowance advance 
payment provided for in this subsection is based upon a finding by the 
Congress that eligible veterans and eligible persons may need additional 
funds at the beginning of a school term to meet the expenses of books, 
travel, deposits, and payment for living quarters, the initial 
installment of tuition, and the other special expenses which are 
concentrated at the beginning of a school term.
    (2) Subject to the provisions of this subsection, and under 
regulations which the Secretary shall prescribe, an eligible veteran or 
eligible person shall be paid an educational assistance allowance or 
subsistence allowance, as appropriate, advance payment. Such advance 
payment shall be made in an amount equivalent to the allowance for the 
month or fraction thereof in which pursuit of the program will commence, 
plus the allowance for the succeeding month. In the case of a person on 
active duty, who is pursuing a program of education, the advance payment 
shall be in a lump sum based upon the amount payable for the entire 
quarter, semester, or term, as applicable. In no event shall an advance 
payment be made under this subsection to a veteran or person intending 
to pursue a program of education on less than a half-time basis. An 
advance payment may not be made under this subsection to any veteran or 
person unless the veteran or person requests such payment and the 
Secretary 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 (4)(B) and (C) and (5) of this 
subsection. The application for advance payment, to be made on a form 
prescribed by the Secretary, shall--
        (A) in the case of an initial enrollment of a veteran or person 
    in an educational institution, contain information showing that the 
    veteran or person (i) is eligible for educational benefits, (ii) has 
    been accepted by the institution, and (iii) has notified the 
    institution of such veteran's or person's intention to attend that 
    institution; and
        (B) in the case of a re-enrollment of a veteran or person, 
    contain information showing that the veteran or person (i) is 
    eligible to continue such veteran's or person's program of education 
    or training and (ii) intends to re-enroll in the same institution,

and, in either case, shall also state the number of semester or clock-
hours to be pursued by such veteran or person.
    (3) For purposes of the Secretary's determination whether any 
veteran or person is eligible for an advance payment under this section, 
the information submitted by the institution, the veteran or person, 
shall establish such veteran's or person's eligibility unless there is 
evidence in such veteran's or person's file in the processing office 
establishing that the veteran or person is not eligible for such advance 
payment.
    (4) The advance payment authorized by paragraph (2) of this 
subsection shall, in the case of an eligible veteran or eligible person, 
be (A) drawn in favor of the veteran or person; (B) mailed to the 
educational institution listed on the application form for temporary 
care and delivery to the veteran or person by such institution; and (C) 
delivered to the veteran or person upon such veteran's or person's 
registration at such institution, but in no event shall such delivery be 
made earlier than thirty days before the program of education is to 
commence.
    (5) Upon delivery of the advance payment pursuant to paragraph (4) 
of this subsection, the institution shall submit to the Secretary a 
certification of such delivery. If such delivery is not effected within 
thirty days after commencement of the program of education in question, 
such institution shall return such payment to the Secretary forthwith.

                     Recovery of Erroneous Payments

    (e)(1) Subject to paragraph (2), if an eligible veteran or eligible 
person fails to enroll in or pursue a course for which an educational 
assistance or subsistence allowance advance payment is made, the amount 
of such payment and any amount of subsequent payments which, in whole or 
in part, are due to erroneous information required to be furnished under 
subsection (d)(2) of this section, shall become an overpayment and shall 
constitute a liability of such veteran or person to the United States 
and may be recovered, unless waived pursuant to section 5302 of this 
title, from any benefit otherwise due such veteran or person under any 
law administered by the Department of Veterans Affairs or may be 
recovered in the same manner as any other debt due the United States.
    (2) Paragraph (1) shall not apply to the recovery of an overpayment 
of an educational allowance or subsistence allowance advance payment to 
an eligible veteran or eligible person who fails to enroll in or pursue 
a course of education for which the payment is made if such failure is 
due to the death of the veteran or person.

                Payments for Less Than Half-Time Training

    (f) Payment of educational assistance allowance in the case of any 
eligible veteran or eligible person pursuing a program of education on 
less than a half-time basis shall be made in an amount computed for the 
entire quarter, semester, or term not later than the last day of the 
month immediately following the month in which certification is received 
from the educational institution that such veteran or person has 
enrolled in and is pursuing a program at such institution. Such lump sum 
payment shall be computed at the rate provided in section 3482(b) or 
3532(a)(2) of this title, as applicable.

          Determination of Enrollment, Pursuit, and Attendance

    (g) The Secretary may, pursuant to regulations which the Secretary 
shall prescribe, determine and define enrollment in, pursuit of, and 
attendance at, any program of education or training or course by an 
eligible veteran or eligible person for any period for which the veteran 
or person receives an educational assistance or subsistence allowance 
under this chapter for pursuing such program or course. Subject to such 
reports and proof as the Secretary may require to show an eligible 
veteran's or eligible person's enrollment in and satisfactory pursuit of 
such person's program, the Secretary may withhold payment of benefits to 
such eligible veteran or eligible person until the required proof is 
received and the amount of the payment is appropriately adjusted. The 
Secretary may accept such veteran's or person's monthly certification of 
enrollment in and satisfactory pursuit of such veteran's or person's 
program as sufficient proof of the certified matters.

(Added Pub. L. 92-540, title II, Sec. 201, Oct. 24, 1972, 86 Stat. 1076, 
Sec. 1780; amended Pub. L. 93-208, Dec. 28, 1973, 87 Stat. 907; Pub. L. 
93-508, title II, Sec. 209, Dec. 3, 1974, 88 Stat. 1584; Pub. L. 94-502, 
title V, Secs. 505, 506, 513(a)(5)-(12), Oct. 15, 1976, 90 Stat. 2400, 
2402, 2403; Pub. L. 96-466, title III, Secs. 341, 342, title VI, 
Secs. 601(c), (d), 602(c), Oct. 17, 1980, 94 Stat. 2198, 2208, 2209; 
Pub. L. 97-35, title XX, Sec. 2003(c), Aug. 13, 1981, 95 Stat. 782; Pub. 
L. 97-295, Sec. 4(52), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 97-306, 
title II, Sec. 205(c), Oct. 14, 1982, 96 Stat. 1434; Pub. L. 99-576, 
title III, Secs. 315(a)(1), 316, title VII, Sec. 701(59), Oct. 28, 1986, 
100 Stat. 3274, 3296; Pub. L. 100-689, title I, Sec. 121(a), Nov. 18, 
1988, 102 Stat. 4173; Pub. L. 101-237, title IV, Secs. 412(a), 415(a), 
423(b)(1), (2), Dec. 18, 1989, 103 Stat. 2085, 2086, 2092; Pub. L. 102-
40, title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered 
Sec. 3680 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 
105 Stat. 406; Pub. L. 102-127, Sec. 6(a), Oct. 10, 1991, 105 Stat. 622; 
Pub. L. 102-568, title III, Sec. 314, Oct. 29, 1992, 106 Stat. 4333; 
Pub. L. 103-446, title VI, Sec. 605(a)(2)(B), title XII, 
Sec. 1201(i)(6), Nov. 2, 1994, 108 Stat. 4672, 4688.)


                               Amendments

    1994--Subsec. (a)(2) to (4). Pub. L. 103-446, Sec. 605(a)(2)(B), 
inserted ``or'' at end of par. (2), substituted period for ``; or'' at 
end of par. (3), and struck out par. (4) which read as follows: ``to any 
eligible veteran or person for pursuit of a program of education 
exclusively by correspondence as authorized under section 3686 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 than 6 months. A certification as to the 
normal period of time required to complete the course must be made to 
the Secretary by the educational institution.''
    Subsec. (a)(C). Pub. L. 103-446, Sec. 1201(i)(6), substituted ``one 
full'' for ``1 full''.
    1992--Subsec. (e). Pub. L. 102-568 designated existing provisions as 
par. (1), substituted ``Subject to paragraph (2), if'' for ``If'', 
struck out comma after ``eligible person'', and added par. (2).
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1780 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3108, 3482, 
3491, or 3532'' for ``1508, 1682, 1691, or 1732'' in introductory 
provisions.
    Subsec. (a)(3). Pub. L. 102-127 amended cl. (3) generally. Prior to 
amendment, cl. (3) read as follows: ``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 Secretary finds there are mitigating circumstances, 
except that, in the first instance of withdrawal by an eligible veteran 
or person from a course or courses with respect to which such veteran or 
person has been paid assistance under this title, mitigating 
circumstances shall be considered to exist with respect to courses 
totaling not more than six semester hours or the equivalent thereof; 
or''.
    Subsec. (a)(4). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3686'' 
for ``1786''.
    Subsec. (e). Pub. L. 102-40 substituted ``5302'' for ``3102''.
    Subsec. (f). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3482(b) or 
3532(a)(2)'' for ``1682(b) or 1732(a)(2)''.
    1989--Subsec. (a). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Pub. L. 101-237, Sec. 412(a), struck out ``enrolled in a course 
which leads to a standard college degree, or a course that meets the 
requirements of section 1788(a)(7) of this title,'' after ``or eligible 
person'' in cl. (1) of second sentence, redesignated cls. (3) to (5) as 
(2) to (4), respectively, and struck out former cl. (2) which read as 
follows: ``to any eligible veteran or eligible person enrolled in a 
course which does not lead to a standard college degree (excluding 
courses that meet the requirements of section 1788(a)(7) of this title 
and programs of apprenticeship and programs of other on-job training 
authorized by section 1787 of this title) for any day of absence in 
excess of thirty days in a twelve-month period, not counting as absences 
weekends or legal holidays (or customary vacation periods connected 
therewith) established by Federal or State law (or in the case of the 
Republic of the Philippines, Philippine law) during which the 
institution is not regularly in session and periods (not to exceed five 
days in any twelve-month period) when the institution is not in session 
because of teacher conferences or teacher training sessions;'', 
substituted ``set forth in clause (1)'' for ``set forth in clause (1) or 
(2)'' in third sentence, struck out ``, and such periods shall not be 
counted as absences for the purposes of clause (2) of this subsection'' 
before semicolon at end of subcl. (A), and struck out ``, but such 
periods shall be counted as absences for the purposes of clause (2) of 
this subsection'' before punctuation at end of subcls. (B) and (C).
    Subsecs. (b), (c), (d)(2). Pub. L. 101-237, Sec. 423(b)(1)(A), 
substituted ``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (d)(3). Pub. L. 101-237, Sec. 423(b)(2), substituted 
``Secretary's'' for ``Administrator's''.
    Subsec. (d)(5). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (e). Pub. L. 101-237, Sec. 423(b)(1)(B), substituted 
``Department of Veterans Affairs'' for ``Veterans' Administration''.
    Subsec. (g). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Pub. L. 101-237, Sec. 415(a), substituted ``the Secretary may 
withhold payment of benefits to such eligible veteran or eligible person 
until the required proof is received and the amount of the payment is 
appropriately adjusted. The Secretary may accept such veteran's or 
person's monthly certification of enrollment in and satisfactory pursuit 
of such veteran's or person's program as sufficient proof of the 
certified matters.'' for ``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.''
    1988--Subsec. (a)(4). Pub. L. 100-689 inserted ``, except that, in 
the first instance of withdrawal by an eligible veteran or person from a 
course or courses with respect to which such veteran or person has been 
paid assistance under this title, mitigating circumstances shall be 
considered to exist with respect to courses totaling not more than six 
semester hours or the equivalent thereof'' after ``circumstances''.
    1986--Subsec. (a)(1). Pub. L. 99-576, Sec. 315(a)(1)(A), inserted 
``or a course that meets the requirements of section 1788(a)(7) of this 
title'' after ``degree''.
    Subsec. (a)(2). Pub. L. 99-576, Sec. 315(a)(1)(B), inserted 
``courses that meet the requirements of section 1788(a)(7) of this title 
and'' after ``excluding''.
    Subsec. (d)(2). Pub. L. 99-576, Sec. 701(59), substituted ``person'' 
for ``serviceman'' after ``In the case of a''.
    Subsec. (f). Pub. L. 99-576, Sec. 316, substituted ``not later than 
the last day of'' for ``during''.
    1982--Subsec. (a). Pub. L. 97-295, Sec. 4(52)(A), and Pub. L. 97-
306, Sec. 205(c)(1), made identical amendments by substituting ``section 
1508'' for ``section 1504''.
    Subsec. (a)(5). Pub. L. 97-295, Sec. 4(52)(B), substituted ``than 6 
months'' for ``the 6 months'' after ``portion is less''.
    Subsec. (a)(6). Pub. L. 97-306, Sec. 205(c)(2)-(4), struck out cl. 
(6) which provided that no amount would be paid to any eligible veteran 
or person incarcerated in a Federal, State, or local prison or jail for 
any course to the extent the tuition and fees of the veteran or person 
were paid under any Federal program (other than a program administered 
by the Administrator) or under any State or local program, or for which 
there were no tuition and fees.
    Subsec. (a)(A) to (C). Pub. L. 97-295, Sec. 4(52)(C), inserted ``of 
this subsection'' after ``clause (2)'' wherever appearing.
    1981--Subsec. (a). Pub. L. 97-35 struck out applicability to flight 
training program.
    1980--Subsec. (a). Pub. L. 96-466, Secs. 341(a), 342, 602(c), in 
provisions preceding cl. (1) inserted ``in, and pursuit of, such 
program'' after ``enrollment'', in cl. (1) inserted reference to not 
pursuing a course in accordance with provisions of regulations 
prescribed by the Administrator pursuant to subsec. (g) of this section 
and reference to payment for an actual period of pursuit of one or more 
unit subjects pursued for a period of time shorter than the enrollment 
period at the educational institution, in cl. (2) inserted reference to 
periods when the institution is not in session because of teacher 
conferences or teacher training sessions, and added cl. (6).
    Subsec. (d)(2). Pub. L. 96-466, Sec. 601(c)(1), struck out ``(other 
than under subchapter VI of chapter 34)'' after ``who is pursuing a 
program of education'' and substituted ``paragraphs (4)(B) and (C) and 
(5)'' for ``paragraphs 5(B) and (C) and (6)''.
    Subsec. (d)(3). Pub. L. 96-466, Sec. 601(c)(2), (3), redesignated 
par. (4) as (3). Former par. (3), which related to the entitlement of a 
person eligible for education or training under the provisions of 
subchapter VI of chapter 34 of this title to a lump-sum educational 
assistance allowance advance payment, was struck out.
    Subsec. (d)(4). Pub. L. 96-466, Sec. 601(c)(3), (4), redesignated 
par. (5) as (4) and substituted ``paragraph (2)'' for ``paragraphs (2) 
and (3)''. Former par. (4) redesignated (3).
    Subsec. (d)(5), (6). Pub. L. 96-466, Sec. 601(c)(4), (5), 
redesignated par. (6) as (5) and substituted ``paragraph (4)'' for 
``paragraph (5)''. Former par. (5) redesignated (4).
    Subsec. (e). Pub. L. 96-466, Sec. 601(d)(1), substituted ``under 
subsection (d)(2) of this section'' for ``under subsection (d)(2) and 
(3) of this section''.
    Subsec. (f). Pub. L. 96-466, Sec. 601(d)(2), struck out ``(except as 
provided by subsection (d)(3) of this section)'' after ``half-time 
basis''.
    Subsec. (g). Pub. L. 96-466, Sec. 341(b), inserted ``and define'' 
after ``determine''.
    1976--Subsec. (a). Pub. L. 94-502, Secs. 505, 506, 513(a)(5), 
authorized the Administrator to continue allowances to eligible veterans 
and persons during periods between consecutive school terms where the 
veteran or person transfers from one approved school to another approved 
school, provided the period not exceed 30 days, and during periods 
between a semester, term, or quarter where the educational institution 
certifies the enrollment of the veteran or person on an individual 
semester, term, or quarter basis, provided that the period not exceed 1 
full calendar month, substituted ``such veteran's or person's'' for 
``his'', and added cls. (3) to (5).
    Subsec. (b). Pub. L. 94-502, Sec. 513(a)(5), substituted ``spouse or 
surviving spouse'' for ``wife or widow'' wherever appearing, and 
``spouse's or surviving spouse's'' for ``wife's or widow's''.
    Subsec. (c). Pub. L. 94-502, Sec. 513(a)(6), substituted ``such 
veteran's or person's'' for ``his''.
    Subsec. (d). Pub. L. 94-502, Sec. 513(a)(6)-(8), substituted 
``persons may need'' for ``persons need'' in cl. (1), ``such veteran's 
or person's'' for ``his'' in two places and inserted provision 
prohibiting advance payments unless the veteran request them and the 
Administrator finds that the educational institution has agreed to and 
can carry out the requirements of cls. (5) (B), (C) and (6) of this 
subsection in cl. (2), substituted ``such veteran's or person's'' for 
``his'' in two places and ``the veteran or person'' for ``he'' in cl. 
(4), and ``such veteran's or person's'' for ``his'' in cl. (5).
    Subsec. (e). Pub. L. 94-502, Sec. 513(a)(9)-(11), struck out subsec. 
(e) which provided for prepayment of subsequent educational assistance 
or subsistence allowances, redesignated subsec. (f) as (e) and 
substituted ``such veteran or person'' for ``him''.
    Subsec. (f). Pub. L. 94-502, Sec. 513(a)(10), redesignated subsec. 
(g) as (f). Former subsec. (f) redesignated (e).
    Subsecs. (g), (h). Pub. L. 94-502, Sec. 513(a)(10), (12), 
redesignated subsec. (h) as (g), substituted ``which the Administrator 
shall'' for ``which he shall'', ``the veteran or person'' for ``he'', 
and authorized the Administrator to withhold final payment of benefits 
to the veteran or person until proof of the veteran's or person's 
enrollment in and satisfactory pursuit of the educational program is 
received. Former subsec. (g) redesignated (f).
    1974--Subsec. (a)(2). Pub. L. 93-508 substituted ``legal holidays 
(or customary vacation periods connected therewith)'' for ``legal 
holidays''.
    1973--Subsec. (a). Pub. L. 93-208 inserted provisions that the 
Administrator may continue to pay allowances to eligible veterans and 
eligible persons enrolled in courses set forth in cl. (1) or (2) of this 
subsection 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 that such periods shall not be 
counted as absences for the purposes of cl. (2).


                    Effective Date of 1994 Amendment

    Amendment by section 605(a)(2)(B) of 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 Nov. 
2, 1994, see section 605(b) of Pub. L. 103-446, set out as a note under 
section 3672 of this title.


                    Effective Date of 1991 Amendment

    Section 6(b) of Pub. L. 102-127 provided that: ``The amendments made 
by subsection (a) [amending this section] shall take effect as of August 
1, 1990.''


                    Effective Date of 1988 Amendment

    Section 121(b) of Pub. L. 100-689 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply so as to 
require that mitigating circumstances be considered to exist only with 
respect to withdrawals from a course or courses being pursued with 
assistance under title 38, United States Code, that occur on or after 
June 1, 1989.''


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as 
otherwise provided, see section 2006 of Pub. L. 97-35, set out as a note 
under section 3231 of this title.


                    Effective Date of 1980 Amendment

    Amendment by sections 341 and 342 of 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.
    Amendment by sections 601(c), (d) and 602(c) of Pub. L. 96-466 
effective Oct. 1, 1980, except as otherwise specifically provided, 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 1976 Amendment

    Amendment by section 505 of Pub. L. 94-502 effective Dec. 1, 1976, 
and amendment by sections 506 and 513(a)(5), (6), (11), (12) of Pub. L. 
94-502 effective Oct. 15, 1976, see section 703(b), (c) of Pub. L. 94-
502, set out as an Effective Date note under section 3693 of this title.
    Section 513(b) of Pub. L. 94-502 provided that: ``The amendments 
made by paragraphs (7), (8), (9), and (10) of subsection (a) [amending 
this section] 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.''


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section 503 
of Pub. L. 93-508, set out as a note under section 3452 of this title.


                             Effective Date

    Section 603 of Pub. L. 92-540 provided that:
    ``(a) The prepayment provisions of subsection (e) of section 1780 
[now 3680] of title 38, United States Code (as added by section 201 of 
this Act), shall become effective on November 1, 1972.
    ``(b) The advance payment provisions of section 1780 [now 3680] of 
title 38, United States Code (as added by section 201 of this Act), 
shall become effective on August 1, 1973, or at such time prior thereto 
as the Administrator of Veterans' Affairs shall specify in a 
certification filed with the Committees on Veterans' Affairs of the 
Congress.''


          Study of Tuition Assistance Allowance Program Abuses

    Section 105 of Pub. L. 93-508 authorized the Administrator to study 
the potential administrative difficulties and abuses that would arise if 
some form of variable tuition assistance allowance program were enacted 
after consideration of past difficulties and abuses which arose after 
the Second World War and such difficulties and abuses as were being 
experienced by the Veterans' Administration in managing certain current 
programs, and to report to the Congress and the President his findings 
and recommendations for legislative and administrative action no later 
than one year after Dec. 3, 1974.

  Ex. Ord. No. 12020. Payment of Benefits When Schools Are Temporarily 
                        Closed To Conserve Energy

    Ex. Ord. No. 12020, Nov. 8, 1977, 42 F.R. 58509, provided:
    By virtue of the authority vested in me by clause (A) of Section 
1780(a) [now 3680(a)] of Title 38 of the United States Code, and as 
President of the United States of America, in order to establish a 
national policy in regard to payment of educational benefits to veterans 
and their dependents during periods in which schools are closed to 
conserve energy, it is hereby ordered as follows:
    Section 1. Whenever an educational institution submits evidence 
which satisfies the Administrator of Veterans' Affairs that energy 
consumption will be abnormally high during the winter months or that 
available energy supplies will be inadequate to meet the needs of the 
school, and that, in the interest of energy conservation, the 
institution plans to close between semesters or terms for a period not 
to exceed 45 days, the Administrator may continue to pay monthly 
educational assistance benefits to veterans and eligible persons 
enrolled in such schools. Such authority may be exercised only once 
during any 12-month period with respect to any educational institution.
    Sec. 2. The Administrator shall advise veterans and other eligible 
persons of the effect of accepting educational assistance benefits under 
the provisions of Section 1 of this Order on their period of 
entitlement.

                                                           Jimmy Carter.

                  Section Referred to in Other Sections

    This section is referred to in sections 3034, 3108, 3684, 3698, 5113 
of this title.
