
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: 38USC3688]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
           CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
 
                 SUBCHAPTER II--MISCELLANEOUS PROVISIONS
 
Sec. 3688. Measurement of courses

    (a) For the purposes of this chapter and chapters 34 and 35 of this 
title--
        (1) an institutional trade or technical course offered on a 
    clock-hour basis, not leading to a standard college degree, 
    involving shop practice as an integral part thereof, shall be 
    considered a full-time course when a minimum of 22 hours per week of 
    attendance (excluding supervised study) is required, with no more 
    than 2\1/2\ hours of rest periods per week allowed;
        (2) an institutional course offered on a clock-hour basis, not 
    leading to a standard college degree, in which theoretical or 
    classroom instruction predominates shall be considered a full-time 
    course when a minimum of 18 hours per week net of instruction 
    (excluding supervised study but which may include customary 
    intervals not to exceed 10 minutes between hours of instruction) is 
    required;
        (3) an academic high school course requiring sixteen units for a 
    full course shall be considered a full-time course when (A) a 
    minimum of four units per year is required or (B) an individual is 
    pursuing a program of education leading to an accredited high school 
    diploma at a rate which, if continued, would result in receipt of 
    such a diploma in four ordinary school years. For the purpose of 
    subclause (A) of this clause, a unit is defined to be not less than 
    one hundred and twenty sixty-minute hours or their equivalent of 
    study in any subject in one academic year;
        (4) an institutional undergraduate course offered by a college 
    or university on a standard quarter- or semester-hour basis, other 
    than a course pursued as part of a program of education beyond the 
    baccalaureate level, shall be considered a full-time course when a 
    minimum of fourteen semester hours per semester or the equivalent 
    thereof (including such hours for which no credit is granted but 
    which are required to be taken to correct an educational deficiency 
    and which the educational institution considers to be quarter or 
    semester hours for other administrative purposes), for which credit 
    is granted toward a standard college degree, is required, except 
    that where such college or university certifies, upon the request of 
    the Secretary, that (A) full-time tuition is charged to all 
    undergraduate students carrying a minimum of less than fourteen such 
    semester hours or the equivalent thereof, or (B) all undergraduate 
    students carrying a minimum of less than fourteen such semester 
    hours or the equivalent thereof, are considered to be pursuing a 
    full-time course for other administrative purposes, then such an 
    institutional undergraduate course offered by such college or 
    university with such minimum number of such semester hours shall be 
    considered a full-time course, but in the event such minimum number 
    of semester hours is less than twelve semester hours or the 
    equivalent thereof, then twelve semester hours or the equivalent 
    thereof shall be considered a full-time course;
        (5) a program of apprenticeship or a program of other on-job 
    training shall be considered a full-time program when the eligible 
    veteran or person is required to work the number of hours 
    constituting the standard workweek of the training establishment, 
    but a workweek of less than thirty hours shall not be considered to 
    constitute full-time training unless a lesser number of hours has 
    been established as the standard workweek for the particular 
    establishment through bona fide collective bargaining;
        (6) an institutional course offered as part of a program of 
    education, not leading to a standard college degree, under section 
    3034(a)(3), 3241(a)(2), or 3533(a) of this title shall be considered 
    a full-time course on the basis of measurement criteria provided in 
    clause (2), (3), or (4) of this subsection as determined by the 
    educational institution; and
        (7) an institutional course not leading to a standard college 
    degree offered by an educational institution on a standard quarter- 
    or semester-hour basis shall be measured as full time on the same 
    basis as provided in paragraph (4) of this subsection, but if the 
    educational institution offering the course is not an institution of 
    higher learning, then in no event shall such course be considered 
    full time when it requires less than the minimum weekly hours of 
    attendance required for full time by paragraph (1) or (2) of this 
    subsection, as appropriate.

    (b) The Secretary shall define part-time training in the case of the 
types of courses referred to in subsection (a), and shall define full-
time and part-time training in the case of all other types of courses 
pursued under this chapter, chapter 30, 32, or 35 of this title, or 
chapter 106 of title 10.

(Added Pub. L. 92-540, title III, Sec. 316(2), Oct. 24, 1972, 86 Stat. 
1086, Sec. 1788; amended Pub. L. 93-508, title II, Sec. 211, Dec. 3, 
1974, 88 Stat. 1585; Pub. L. 94-502, title V, Sec. 509(a), Oct. 15, 
1976, 90 Stat. 2400; Pub. L. 95-202, title III, Sec. 304(a)(3), Nov. 23, 
1977, 91 Stat. 1442; Pub. L. 96-466, title III, Sec. 345, title VI, 
Sec. 601(f), Oct. 17, 1980, 94 Stat. 2199, 2208; Pub. L. 97-295, 
Sec. 4(58), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 99-576, title III, 
Sec. 315(a)(2), (b), Oct. 28, 1986, 100 Stat. 3274; Pub. L. 100-322, 
title III, Sec. 321(a), May 20, 1988, 102 Stat. 535; Pub. L. 101-237, 
title IV, Secs. 413(a), 417, 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 
2085, 2086, 2092; renumbered Sec. 3688 and amended Pub. L. 102-83, 
Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568, title 
III, Sec. 316(a), Oct. 29, 1992, 106 Stat. 4333; Pub. L. 103-446, title 
VI, Sec. 607, title XII, Sec. 1201(e)(12), Nov. 2, 1994, 108 Stat. 4672, 
4685.)


                            Prior Provisions

    Provisions similar to those comprising this section were contained 
in former section 1684, as added by Pub. L. 89-358, Sec. 2, Mar. 3, 
1966, 80 Stat. 18, Sec. 1683; renumbered Pub. L. 90-77, title III, 
Sec. 304(a), Aug. 31, 1967, 81 Stat. 186; amended Pub. L. 91-219, title 
II, Sec. 206(a), Mar. 26, 1970, 84 Stat. 81; Pub. L. 91-584, Secs. 8, 
11, Dec. 24, 1970, 84 Stat. 1577; and former section 1733, Pub. L. 85-
857, Sept. 2, 1958, 72 Stat. 1198; Pub. L. 91-219, title II, 
Sec. 206(b), Mar. 26, 1970, 84 Stat. 82; Pub. L. 91-584, Sec. 12, Dec. 
24, 1970, 84 Stat. 1577, prior to the general revision by Pub. L. 92-
540.


                               Amendments

    1994--Subsec. (a)(6). Pub. L. 103-446, Sec. 1201(e)(12), inserted 
comma after ``3241(a)(2)''.
    Subsec. (b). Pub. L. 103-446, Sec. 607, substituted ``this 
chapter,'' for ``this chapter or'' and inserted ``, or chapter 106 of 
title 10'' after ``this title''.
    1992--Subsec. (a). Pub. L. 102-568, Sec. 316(a)(1)(E), struck out 
concluding provisions which read as follows: ``Notwithstanding the 
provisions of clause (1) or (2) of this subsection, an educational 
institution offering courses not leading to a standard college degree 
may measure such courses on a quarter- or semester-hour basis (with full 
time measured on the same basis as provided by clause (4) of this 
subsection); but (A) the academic portions of such courses must require 
outside preparation and be measured on not less than one quarter or one 
semester hour for each fifty minutes net of instruction per week or 
quarter or semester; (B) the laboratory portions of such courses must be 
measured on not less than one quarter or one semester hour for each two 
hours (or two 50-minute periods) of attendance per week per quarter or 
semester; and (C) the shop portions of such courses must be measured on 
not less than one quarter or one semester hour for each three hours (or 
three 50-minute periods) of attendance per week per quarter or semester. 
In no event shall such course be considered a full-time course when less 
than twenty-two hours per week of attendance is required.''
    Subsec. (a)(1). Pub. L. 102-568, Sec. 316(a)(1)(A), substituted ``22 
hours per week of attendance (excluding supervised study) is required, 
with no more than 2\1/2\ hours of rest periods per week allowed'' for 
``thirty hours per week of attendance is required with no more than two 
and one-half hours of rest periods and not more than 5 hours of 
supervised study per week allowed, but if such course is approved 
pursuant to section 3675(a)(1) of this title, then 22 hours per week of 
attendance, with no more than 2\1/2\ hours of rest period per week 
allowed and excluding supervised study, shall be considered full time''.
    Subsec. (a)(2). Pub. L. 102-568, Sec. 316(a)(1)(B), substituted ``18 
hours per week net of instruction (excluding supervised study but which 
may include customary intervals not to exceed 10 minutes between hours 
of instruction) is required'' for ``twenty-five hours per week net of 
instruction and not more than 5 hours of supervised study (which may 
include customary intervals not to exceed ten minutes between hours of 
instruction) is required, but if such course is approved pursuant to 
section 3675(a)(1) of this title, then 18 hours per week net of 
instruction (excluding supervised study), which may include customary 
intervals not to exceed ten minutes between hours of instruction, shall 
be considered full time''.
    Subsec. (a)(4). Pub. L. 102-568, Sec. 316(a)(1)(C), inserted ``, 
other than a course pursued as part of a program of education beyond the 
baccalaureate level,'' after ``semester-hour basis'' and struck out ``in 
residence'' after ``by a college or university''.
    Subsec. (a)(6). Pub. L. 102-568, Sec. 316(a)(1)(D), substituted 
``3034(a)(3), 3241(a)(2) or 3533(a)'' for ``3491(a)(2)''.
    Subsec. (a)(7). Pub. L. 102-568, Sec. 316(a)(1)(E), added par. (7) 
and struck out former par. (7) which read as follows: ``an institutional 
course not leading to a standard college degree, offered by a fully 
accredited institution of higher learning in residence on a standard 
quarter- or semester-hour basis, shall be measured as full time on the 
same basis as provided in clause (4) of this subsection if (A) such 
course is approved pursuant to section 3675 of this title, and (B) a 
majority of the total credits required for the course is derived from 
unit courses or subjects offered by the institution as part of a course, 
so approved, leading to a standard college degree.''
    Subsec. (b). Pub. L. 102-568, Sec. 316(a)(2), substituted ``30, 
32,'' for ``34''.
    Subsecs. (c) to (e). Pub. L. 102-568, Sec. 316(a)(3), struck out 
subsec. (c) which defined ``in residence on a standard quarter- or 
semester-hour basis'' for purposes of subsec. (a), subsec. (d) which 
specified which institutional undergraduate courses were to be 
considered full-time courses, and subsec. (e) which provided method for 
determining clock hours of enrollment.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1788 of this 
title as this section.
    Subsec. (a)(1), (2), (6), (7). Pub. L. 102-83, Sec. 5(c)(1), 
substituted ``3675(a)(1)'' for ``1775(a)(1)'' in pars. (1) and (2), 
``3491(a)(2)'' for ``1691(a)(2)'' in par. (6), and ``3675'' for ``1775'' 
in par. (7).
    1989--Subsec. (a). Pub. L. 101-237, Sec. 413(a)(1), inserted ``(or 
three 50-minute periods)'' after ``three hours'' in cl. (C) of 
penultimate sentence.
    Subsecs. (a)(4), (b). Pub. L. 101-237, Sec. 423(b)(1)(A), 
substituted ``Secretary'' for ``Administrator''.
    Subsec. (c). Pub. L. 101-237, Sec. 413(a)(2), inserted ``(or three 
50-minute periods)'' after ``three hours'' in last sentence.
    Subsec. (e). Pub. L. 101-237, Sec. 417, amended subsec. (e) 
generally. Prior to amendment, subsec. (e) read as follows: ``For the 
purpose of determining whether a course--
        ``(1) which is offered by an institution of higher learning, and
        ``(2) for which such institution requires one or more unit 
    courses or subjects for which credit is granted toward a standard 
    college degree
will, during the semester (or quarter or other applicable portion of the 
academic year) when such unit course or subject is being pursued, be 
considered full time under clause (1) or (2) of subsection (a) of this 
section, each of the numbers of hours specified in such clause shall be 
deemed to be reduced, during such semester (or other portion of the 
academic year), by the percentage described in the following sentence 
and rounded as the Administrator may prescribe. Such percentage is the 
percentage that the number of semester hours (or the equivalent thereof) 
represented by such unit course or subject is of the number of semester 
hours (or the equivalent thereof) which, under clause (4) of such 
subsection, constitutes a full-time institutional undergraduate course 
at such institution.''
    1988--Subsec. (a). Pub. L. 100-322, Sec. 321(a)(1), inserted ``(or 
two 50-minute periods)'' after ``two hours'' in cl. (B) of penultimate 
sentence.
    Subsec. (c). Pub. L. 100-322, Sec. 321(a)(2), inserted ``(or two 50-
minute periods)'' after ``two hours''.
    1986--Subsec. (a)(7). Pub. L. 99-576, Sec. 315(a)(2)(A), added par. 
(7).
    Subsec. (c). Pub. L. 99-576, Sec. 315(a)(2)(B), struck out ``(4)'' 
after ``(a)''.
    Subsec. (e). Pub. L. 99-576, Sec. 315(b), added subsec. (e).
    1982--Subsec. (a)(6). Pub. L. 97-295 inserted ``of this subsection'' 
after ``or (4)''.
    1980--Subsec. (a)(1), (2). Pub. L. 96-466, Sec. 345(a)(1), 
substituted ``section 1775(a)(1) of this title'' for ``section 1775 of 
this title''.
    Subsec. (a)(4). Pub. L. 96-466, Sec. 345(a)(2), (3), substituted 
``in residence on a standard quarter- or semester-hour basis'' for ``on 
a quarter- or semester-hour basis'', and inserted ``per semester'' after 
``minimum of fourteen semester hours''.
    Subsec. (a)(6). Pub. L. 96-466, Sec. 601(f), substituted ``under 
section 1691(a)(2) of this title'' for ``under section 1691(a)(2) or 
1696(a)(2) of this title''.
    Subsecs. (c), (d). Pub. L. 96-466, Sec. 345(b), added subsecs. (c) 
and (d).
    1977--Subsec. (a)(1). Pub. L. 95-202, Sec. 304(a)(3)(A), (B), 
substituted ``two and one-half hours of rest periods and not more than 5 
hours of supervised study per week allowed, but if such course is 
approved pursuant to section 1775 of this title, then 22 hours per week 
of attendance'' for ``two and one-half hours of rest periods per week 
allowed, but if such course is approved pursuant to section 1775 of this 
title, then 27 hours per week of attendance''.
    Subsec. (a)(2). Pub. L. 95-202, Sec. 304(a)(3)(C), (D), substituted 
``minimum of twenty-five hours per week net of instruction and not more 
than 5 hours of supervised study'' for ``minimum of twenty-five hours 
per week net of instruction'' and ``18 hours per week'' for ``22 hours 
per week''.
    1976--Subsec. (a)(1). Pub. L. 94-502, Sec. 509(a)(1), provided that, 
if a course was approved pursuant to section 1775 of this title, then 27 
hours of attendance per week with no more than 2\1/2\ hours of rest 
period per week would be considered full time.
    Subsec. (a)(2). Pub. L. 94-502, Sec. 509(a)(2), provided that, if a 
course was approved pursuant to section 1775 of this title, then 22 
hours of instruction per week with a ten minute interval between hours 
would be considered full time.
    1974--Subsec. (a). Pub. L. 93-508 in cl. (1) substituted ``basis, 
not leading to a standard college degree involving'' for ``basis below 
the college level involving''; in cl. (2) substituted ``basis, not 
leading to a standard college degree, in which'' for ``basis below the 
college level in which''; in cl. (6) substituted ``not leading to a 
standard college degree'' for ``below the college level''; and following 
cl. (6), inserted provisions that notwithstanding cls. (1) and (2) of 
this subsection, an educational institution offering courses not leading 
to a standard college degree may measure such courses on a quarter- or 
semester-hour basis with special requirements for the academic, 
laboratory, and shop portions of such courses, and that in no event such 
course be considered a full-time course unless twenty-two hours per week 
of attendance is required.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-568 applicable to enrollments in courses 
beginning on or after July 1, 1993, see section 316(c) of Pub. L. 102-
568, set out as a note under section 3532 of this title.


                    Effective Date of 1988 Amendment

    Section 321(b) of Pub. L. 100-322 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply to any 
enrollment or reenrollment commencing on or after the date of enactment 
of this Act [May 20, 1988].''


                    Effective Date of 1980 Amendment

    Amendment by section 345 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 section 601(f) 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 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 Pub. L. 94-502 effective Dec. 1, 1976, see section 
703(c) 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. 93-508 effective Dec. 3, 1974, see section 503 
of Pub. L. 93-508, set out as a note under section 3452 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 3482 of this title.
