Public Law 119-73 (01/23/2026)

38 U.S.C. § 3474

Discontinuance for unsatisfactory conduct or progress

The Secretary shall discontinue the educational assistance allowance of an eligible veteran if, at any time, the Secretary finds that according to the regularly prescribed standards and practices of the educational institution, the veteran’s attendance, conduct, or progress is unsatisfactory. The Secretary may renew the payment of the educational assistance allowance only if the Secretary finds that—
(1)
the veteran will be resuming enrollment at the same educational institution in the same program of education and the educational institution has both approved such veteran’s reenrollment and certified it to the Department of Veterans Affairs; or
(2)
in the case of a proposed change of either educational institution or program of education by the veteran—
(A)
the cause of the unsatisfactory attendance, conduct, or progress has been removed;
(B)
the program proposed to be pursued is suitable to the veteran’s aptitudes, interests, and abilities; and
(C)
section 3691 of this title if a proposed change of program is involved, the change meets the requirements for approval under .

Pub. L. 89–358, § 280 Stat. 16Pub. L. 94–502, title II90 Stat. 2387Pub. L. 95–202, title III, § 305(b)(1)91 Stat. 1443Pub. L. 96–466, title III, § 30694 Stat. 2193Pub. L. 101–237, title IV103 Stat. 2084Pub. L. 102–83, § 5(a)105 Stat. 406(Added , , , § 1674; amended , §§ 206, 211(8), , , 2388; , , ; , , ; , §§ 411(a), 412(b), 423(b)(1)(A), , , 2085, 2092; renumbered § 3474 and amended , (c)(1), , .)

Editorial Notes

Prior Provisions

Pub. L. 85–85772 Stat. 1178section 1624 of this titlesection 4(a) of Pub. L. 89–358Provisions similar to those comprising the first sentence of this section were contained in , , , which was classified to former , prior to repeal by .

Amendments

Pub. L. 102–83, § 5(a)section 1674 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Par. (2)(C). , substituted “3691” for “1791”.

Pub. L. 101–237, § 423(b)(1)(A)1989—, substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 101–237, § 412(b), substituted “attendance, conduct,” for “conduct”.

Pub. L. 101–237, § 411(a)Pars. (1), (2). , added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

“(1) the cause of the unsatisfactory conduct or progress of the eligible veteran has been removed; and

“(2) the program which the eligible veteran now proposes to pursue (whether the same or revised) is suitable to the veteran’s aptitudes, interests, and abilities.”

Pub. L. 96–4661980— struck out provisions relating to the conditions upon which a veteran’s progress would be considered unsatisfactory.

Pub. L. 95–2021977— inserted provisions authorizing the Administrator to determine the veteran’s progress to be satisfactory even though the veteran will graduate within a length of time exceeding the approved length if the additional length of time is reasonable in accordance with regulations.

Pub. L. 94–502, § 211(8)1976—, inserted provision specifying progress as unsatisfactory when the veteran will not be able to graduate within the approved length of the course.

Pub. L. 94–502, § 206, substituted “the veteran’s” for “his” in two places and “if the Administrator finds” for “if he finds”.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Pub. L. 96–466section 802(c) of Pub. L. 96–466section 3452 of this titleAmendment by effective , except as otherwise specifically provided, see , set out as a note under .

Effective Date of 1977 Amendment

Pub. L. 95–202section 501 of Pub. L. 95–202section 101 of this titleAmendment by effective first day of first month beginning 60 days after , see , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–502Pub. L. 94–502section 3693 of this titleAmendment by sections 206 and 211(8) of effective , and , respectively, see section 703(b), (c) of , set out as an Effective Date note under .

Study of Methods To Improve Process Under Which Postsecondary Educational Institutions and Courses Are Approved; Report by ; Suspension of Implementation of 1976 Amendment

Pub. L. 95–202Pub. L. 96–466, title VIII, § 801(m)(2)94 Stat. 2217Pub. L. 94–502Section 305(b)(2)–(4) of , as amended by , , , directed Administrator of Veterans’ Affairs to study specific methods for improving process by which postsecondary educational institutions and courses at such institutions are approved for purposes of chapters 32, 34, 35, and 36 of this title, and need for legislative and administrative action regarding discontinuing educational assistance allowances to eligible veterans whose conduct or progress is unsatisfactory, required submission of a report on the study to President and Congress not later than , and directed Administrator to suspend implementation of certain amendments by until submission of report.