
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3691]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
           CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
 
                 SUBCHAPTER II--MISCELLANEOUS PROVISIONS
 
Sec. 3691. Change of program

    (a) Except as provided in subsections (b) and (c) of this section, 
each eligible veteran and eligible person may make not more than one 
change of program of education, but an eligible veteran or eligible 
person whose program has been interrupted or discontinued due to the 
veteran's or person's own misconduct, the veteran's or person's own 
neglect, or the veteran's or person's own lack of application shall not 
be entitled to any such change.
    (b) The Secretary, in accordance with procedures that the Secretary 
may establish, may approve a change other than a change under subsection 
(a) of this section (or an initial change in the case of a veteran or 
person not eligible to make a change under subsection (a)) in program if 
the Secretary finds that--
        (1) the program of education which the eligible veteran or 
    eligible person proposes to pursue is suitable to the veteran's or 
    person's aptitudes, interests, and abilities; and
        (2) in any instance where the eligible veteran or eligible 
    person has interrupted, or failed to progress in, the veteran's or 
    person's program due to the veteran's or person's own misconduct, 
    the veteran's or person's own neglect, or the veteran's or person's 
    own lack of application, there exists a reasonable likelihood with 
    respect to the program which the eligible veteran or eligible person 
    proposes to pursue that there will not be a recurrence of such an 
    interruption or failure to progress.

    (c) The Secretary may also approve additional changes in program if 
the Secretary finds such changes are necessitated by circumstances 
beyond the control of the eligible veteran or eligible person.
    (d) For the purposes of this section, the term ``change of program 
of education'' shall not be deemed to include a change by a veteran or 
eligible person from the pursuit of one program to the pursuit of 
another program if--
        (1) the veteran or eligible person has successfully completed 
    the former program;
        (2) the program leads to a vocational, educational, or 
    professional objective in the same general field as the former 
    program;
        (3) the former program is a prerequisite to, or generally 
    required for, pursuit of the subsequent program; or
        (4) in the case of a change from the pursuit of a subsequent 
    program to the pursuit of a former program, the veteran or eligible 
    person resumes pursuit of the former program without loss of credit 
    or standing in the former program.

(Added Pub. L. 92-540, title III, Sec. 316(2), Oct. 24, 1972, 86 Stat. 
1089, Sec. 1791; amended Pub. L. 94-502, title V, Sec. 513(a)(20), Oct. 
15, 1976, 90 Stat. 2403; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), 
Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101-366, title II, Sec. 208(a), 
Aug. 15, 1990, 104 Stat. 443; renumbered Sec. 3691, Pub. L. 102-83, 
Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568, title III, 
Sec. 317, Oct. 29, 1992, 106 Stat. 4334.)


                            Prior Provisions

    Provisions similar to those comprising this section were contained 
in former section 1672, as added by Pub. L. 89-358, Sec. 2, Mar. 3, 
1966, 80 Stat. 15; and former section 1722, Pub. L. 85-857, Sept. 2, 
1958, 72 Stat. 1196, prior to repeal by sections 401(6) and 402(2) of 
Pub. L. 92-540, respectively.


                               Amendments

    1992--Subsec. (d). Pub. L. 102-568 amended subsec. (d) generally. 
Prior to amendment, subsec. (d) read as follows: ``As used in this 
section the term `change of program of education' shall not be deemed to 
include a change from the pursuit of one program to pursuit of another 
where the first program is prerequisite to, or generally required for, 
entrance into pursuit of the second.''
    1991--Pub. L. 102-83 renumbered section 1791 of this title as this 
section.
    1990--Subsec. (b). Pub. L. 101-366 substituted ``The Secretary, in 
accordance with procedures that the Secretary may establish, may approve 
a change other than a change under subsection (a) of this section'' for 
``The Secretary may approve one additional change''.
    1989--Subsecs. (b), (c). Pub. L. 101-237 substituted ``Secretary'' 
for ``Administrator'' wherever appearing.
    1976--Subsec. (a). Pub. L. 94-502 substituted ``the veteran's or 
person's'' for ``his'' in three places.
    Subsec. (b). Pub. L. 94-502 substituted ``if the Administrator 
finds'' for ``if he finds'' and ``the veteran's or person's'' for 
``his'' wherever appearing.
    Subsec. (c). Pub. L. 94-502 substituted ``if the Administrator 
finds'' for ``if he finds''.


                    Effective Date of 1990 Amendment

    Section 208(b) of Pub. L. 101-366 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect on June 
1, 1991.''


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3474, 3524 of this title.
