US Code

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

38 U.S.C. § 3511

Duration of educational assistance

(a)
(1)
section 3501(a)(1) of this title Each eligible person, whether made eligible by one or more of the provisions of , shall be entitled to educational assistance under this chapter—
(A)
in the case of a person who first enrolls in a program of education using such entitlement before , for an aggregate period not in excess of 45 months (or to the equivalent thereof in part-time training); or
(B)
in the case of a person who first enrolls in a program of education using such entitlement on or after , for an aggregate period not in excess of 36 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)
section 3695 of this title be counted toward the aggregate period for which 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)
section 502(f) of title 32 had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 or of being involuntarily ordered to full-time National Guard duty under ; and
(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)
section 3695 of this title 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 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)
section 3501(a)(8) of this title the parent or spouse from whom eligibility is derived is found no longer to have a “total disability permanent in nature”, as defined in ,
(2)
section 3501(a)(1)(C) of this title the parent or spouse from whom eligibility is derived based upon is no longer listed in one of the categories specified therein,
(3)
section 3501(a)(1) of this title the spouse, as an eligible person under subparagraph (D) or (E) of , is divorced, without fault on such person’s part, from the person upon whose disability such person’s eligibility is based, or
(4)
section 3501(a)(1) of this title the parent or spouse from whom such eligibility is derived based upon subparagraph (E) of no longer meets a requirement under clause (i), (ii), or (iii) of that subparagraph,
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. 85–85772 Stat. 1194Pub. L. 88–361, § 278 Stat. 297Pub. L. 89–358, § 4(k)80 Stat. 24Pub. L. 90–63182 Stat. 1331Pub. L. 91–24, § 9(b)83 Stat. 34Pub. L. 91–584, § 284 Stat. 1575Pub. L. 94–502, title III90 Stat. 2390Pub. L. 102–83, § 5(a)105 Stat. 406Pub. L. 102–127, § 2(c)105 Stat. 620Pub. L. 107–103, title I115 Stat. 979Pub. L. 109–233, title V, § 503(7)120 Stat. 416Pub. L. 109–444, § 3(b)(2)120 Stat. 3306Pub. L. 109–461, title III120 Stat. 3425Pub. L. 115–48, title II, § 202131 Stat. 989(, , , § 1711; , , ; , , ; , §§ 1(c), 2(d), , , 1332; , , ; , , ; , §§ 303, 310(6), , , 2391; renumbered § 3511 and amended , (c)(1), , ; , , ; , §§ 103(a), 108(b)(1), (c)(1), , , 985; , , ; , , ; , §§ 301(b)(2), 302(a), title X, § 1006(b), , , 3428, 3468; , , .)

Editorial Notes

Amendments

Pub. L. 115–482017—Subsec. (a)(1). substituted “chapter—” for “chapter for an aggregate period not in excess of 45 months (or to the equivalent thereof in part-time training)” and added subpars. (A) and (B).

Pub. L. 109–461, § 1006(b)Pub. L. 109–461Pub. L. 109–444Pub. L. 109–444section 1006(b) of Pub. L. 109–461Pub. L. 109–444section 101 of this title2006—, provided that as of the enactment of , the amendments made by were deemed for all purposes not to have taken effect and that ceased to be in effect. See Amendment notes below and , set out as a Coordination of Provisions With note under .

Pub. L. 109–461, § 301(b)(2)(A)section 3501(a)(1) of this titleSubsec. (a)(1). , substituted “Each eligible person, whether made eligible by one or more of the provisions of ,” for “Each eligible person” and “an aggregate period” for “a period” in first sentence and struck out second sentence, which read as follows: “In no event may the aggregate educational assistance afforded to a spouse made eligible under both sections 3501(a)(1)(D)(i) and 3501(a)(1)(D)(ii) of this title exceed 45 months.”

Pub. L. 109–444, § 3(b)(2)(A)section 3501(a)(1) of this titlePub. L. 109–461, § 1006(b), which substituted “Each eligible person, whether made eligible by one or more of the provisions of ,” for “Each eligible person” and “an aggregate period” for “a period” in first sentence and struck out second sentence, was terminated by . See Amendment notes above.

Pub. L. 109–233 inserted “sections” after “under both”.

Pub. L. 109–461, § 302(a)section 502(f) of title 32Subsec. (a)(2)(B)(i). , inserted “or of being involuntarily ordered to full-time National Guard duty under ” after “title 10”.

Pub. L. 109–461, § 301(b)(2)(B)(i)Subsec. (b)(2). , substituted “section” for “the provisions of section 3501(a)(1)(A)(iii) or” and struck out “or” at end.

Pub. L. 109–444, § 3(b)(2)(B)(i)Pub. L. 109–461, § 1006(b), which substituted “section” for “the provisions of section 3501(a)(1)(A)(iii) or” and struck out “or” at end, was terminated by . See Amendment notes above.

Pub. L. 109–461, § 301(b)(2)(B)(ii)Subsec. (b)(3). , substituted “subparagraph (D) or (E) of section 3501(a)(1)” for “section 3501(a)(1)(D)” and inserted “or” after comma at end.

Pub. L. 109–444, § 3(b)(2)(B)(ii)Pub. L. 109–461, § 1006(b), which substituted “subparagraph (D) or (E) of section 3501(a)(1)” for “section 3501(a)(1)(D)” and inserted “or” after comma at end, was terminated by . See Amendment notes above.

Pub. L. 109–461, § 301(b)(2)(B)(iii)Subsec. (b)(4). , added par. (4).

Pub. L. 109–444, § 3(b)(2)(B)(iii)Pub. L. 109–461, § 301(b)(2)(B)(iii)Pub. L. 109–461, § 1006(b), which added par. (4) identical to that added by , was terminated by . See Amendment notes above.

Pub. L. 109–461, § 301(b)(2)(C)Subsec. (c). , struck out subsec. (c), which read as follows: “Any entitlement used by an eligible person as a result of eligibility under section 3501(a)(1)(A)(iii), 3501(a)(1)(C), or 3501(a)(1)(D)(i) of this title shall be deducted from any entitlement to which such person may subsequently be entitled under this chapter.”

Pub. L. 109–444, § 3(b)(2)(C)Pub. L. 109–461, § 1006(b), which struck out subsec. (c), was terminated by . See Amendment notes above.

Pub. L. 107–103, § 108(c)(1)2001—Subsec. (a)(1). , inserted at end “In no event may the aggregate educational assistance afforded to a spouse made eligible under both 3501(a)(1)(D)(i) and 3501(a)(1)(D)(ii) of this title exceed 45 months.”

Pub. L. 107–103, § 103(a)Subsec. (a)(2)(B)(i). , substituted “to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10;” for “, in connection with the Persian Gulf War, to serve on active duty under section 672(a), (d), or (g), 673, 673b, or 688 of title 10;”.

Pub. L. 107–103, § 108(b)(1)Subsec. (c). , added subsec. (c).

Pub. L. 102–83, § 5(a)section 1711 of this title1991—, renumbered as this section.

Pub. L. 102–127Subsec. (a). designated existing provisions as par. (1) and added par. (2).

Pub. L. 102–83, § 5(c)(1)Subsec. (b). , 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).

Pub. L. 94–502, § 303(1)1976—Subsec. (a). , substituted “45 months” for “thirty-six months”.

Pub. L. 94–502Subsec. (b). , §§ 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”.

Pub. L. 91–5841970—Subsec. (b). added par. (2), redesignated former par. (2) as (3), and substituted “1701(a)(1)(D)” for “1701(a)(1)(C)”.

Pub. L. 91–24section 1701(a)(8) of this titlesection 1701(a)(10) of this title1969—Subsec. (b)(1). substituted “” for “”.

Pub. L. 90–631section 1701(a)(10) of this titlesection 1701(a)(1)(C) of this title1968—Subsec. (b). , §§ 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 , and the individual, as an eligible person under , 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.

Pub. L. 90–631, § 1(c)Subsec. (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.

Pub. L. 90–631, § 1(c)Subsec. (d). , redesignated subsec. (d) as (b).

Pub. L. 89–3581966—Subsec. (b). substituted “34” for “33” and inserted “or under chapter 33 of this title as in effect before ”.

Pub. L. 88–3611964—Subsec. (d). added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

section 301(b)(2) of Pub. L. 109–461section 301(d) of Pub. L. 109–461section 3501 of this titleAmendment by applicable with respect to a payment of educational assistance for a course of education pursued after , see , set out as a note under .

Pub. L. 109–461, title III, § 302(b)120 Stat. 3428

“The amendment made by subsection (a) [amending this section] shall apply with respect to a payment of educational assistance allowance made after .”
, , , provided that:

Effective Date of 2001 Amendment

section 103(a) of Pub. L. 107–103section 103(e) of Pub. L. 107–103section 3013 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 107–103, title I, § 108(c)(4)115 Stat. 985

section 3512 of this title“The amendments made by this subsection [amending this section and ] shall apply with respect to any determination (whether administrative or judicial) of the eligibility of a spouse or surviving spouse for educational assistance under chapter 35 of title 38, United States Code, made on or after the date of the enactment of this Act [], whether pursuant to an original claim for such assistance or pursuant to a reapplication or attempt to reopen or readjudicate a claim for such assistance.”
, , , provided that:

Effective Date of 1976 Amendment

Pub. L. 94–502Pub. L. 94–502section 3693 of this titleAmendment by sections 303 and 310(6) of effective , and , respectively, see section 703(a), (b) of , set out as an Effective Date note under .

Effective Date of 1968 Amendment

Pub. L. 90–631section 6(a) of Pub. L. 90–631section 3500 of this titleAmendment by effective first day of second calendar month which begins after , see , set out as an Effective Date note under .