38 U.S.C. § 3680

Editorial Notes

Amendments

Pub. L. 118–210section 3313(c) of this title2025—Subsec. (a)(3). designated existing provisions as subpar. (A), struck out “, including a monthly housing stipend described in ,” after “chapter 1606 of title 10”, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, redesignated cls. (i) and (ii) of former subpar. (B) as subcls. (I) and (II), respectively, of cl. (ii), and added subpar. (B).

Pub. L. 117–3332023—Subsec. (h). added subsec. (h).

Pub. L. 117–76, § 4(a)(1)2021—Subsec. (a)(1). , substituted “in paragraphs (2) and (3)” for “in paragraph (2)” in introductory provisions.

Pub. L. 116–315Subsec. (a)(2)(B). inserted “or a subsistence allowance described in section 3108” before “, during” and “or allowance” after “such a stipend”.

Pub. L. 117–76, § 4(a)(2)Subsec. (a)(3). , added par. (3).

Pub. L. 115–482017—Subsec. (a). designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1) and former subpars. (A) and (B) of par. (3) as cls. (i) and (ii), respectively, of subpar. (C), substituted “Except as provided in paragraph (2), payment of” for “Payment of” in introductory provisions of par. (1) and “described in clause (i)” for “described in subclause (A) of this clause” in cl. (ii) of par. (1)(C), added par. (2), and struck out concluding provisions which read as follows: “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 during periods when schools are temporarily closed under an established policy based on an Executive order of the President or due to an emergency situation. However, the total number of weeks for which allowances may continue to be so payable in any 12-month period may not exceed 4 weeks.”

Pub. L. 115–89Subsec. (c). substituted “receives from the training establishment a certification” for “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,”.

Pub. L. 111–3772011—Subsec. (a). , in concluding provisions, substituted “of this subsection during periods when schools are temporarily closed under an established policy based on an Executive order of the President or due to an emergency situation. However, the total number of weeks for which allowances may continue to be so payable in any 12-month period may not exceed 4 weeks.” for “of this subsection—” and subcls. (A) to (C) which related to periods when schools are temporarily closed, periods of 30 days or less between consecutive school terms during which veterans or persons transfer to another approved educational institution, and periods of certified term-basis enrollment between school terms, respectively.

Pub. L. 109–2332006— revised style of subsec. headings.

Pub. L. 107–1032001—Subsec. (g). amended heading and text of subsec. (g) generally. Prior to amendment, text read as follows: “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.”

Pub. L. 106–4192000—Subsec. (a)(C). amended subcl. (C) generally. Prior to amendment, subcl. (C) read as follows: “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.”

Pub. L. 103–446, § 605(a)(2)(B)section 3686 of this title1994—Subsec. (a)(2) to (4). , 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 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.”

Pub. L. 103–446, § 1201(i)(6)Subsec. (a)(C). , substituted “one full” for “1 full”.

Pub. L. 102–5681992—Subsec. (e). designated existing provisions as par. (1), substituted “Subject to paragraph (2), if” for “If”, struck out comma after “eligible person”, and added par. (2).

Pub. L. 102–83, § 5(a)section 1780 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (a). , substituted “3108, 3482, 3491, or 3532” for “1508, 1682, 1691, or 1732” in introductory provisions.

Pub. L. 102–127Subsec. (a)(3). 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”.

Pub. L. 102–83, § 5(c)(1)Subsec. (a)(4). , substituted “3686” for “1786”.

Pub. L. 102–40Subsec. (e). substituted “5302” for “3102”.

Pub. L. 102–83, § 5(c)(1)Subsec. (f). , substituted “3482(b) or 3532(a)(2)” for “1682(b) or 1732(a)(2)”.

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

Pub. L. 101–237, § 412(a)section 1788(a)(7) of this titlesection 1788(a)(7) of this titlesection 1787 of this title, struck out “enrolled in a course which leads to a standard college degree, or a course that meets the requirements of ,” 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 and programs of apprenticeship and programs of other on-job training authorized by ) 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).

Pub. L. 101–237, § 423(b)(1)(A)Subsecs. (b), (c), (d)(2). , substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 101–237, § 423(b)(2)Subsec. (d)(3). , substituted “Secretary’s” for “Administrator’s”.

Pub. L. 101–237, § 423(b)(1)(A)Subsec. (d)(5). , substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 101–237, § 423(b)(1)(B)Subsec. (e). , substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

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

Pub. L. 101–237, § 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.”

Pub. L. 100–6891988—Subsec. (a)(4). 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”.

Pub. L. 99–576, § 315(a)(1)(A)section 1788(a)(7) of this title1986—Subsec. (a)(1). , inserted “or a course that meets the requirements of ” after “degree”.

Pub. L. 99–576, § 315(a)(1)(B)section 1788(a)(7) of this titleSubsec. (a)(2). , inserted “courses that meet the requirements of and” after “excluding”.

Pub. L. 99–576, § 701(59)Subsec. (d)(2). , substituted “person” for “serviceman” after “In the case of a”.

Pub. L. 99–576, § 316Subsec. (f). , substituted “not later than the last day of” for “during”.

Pub. L. 97–295, § 4(52)(A)Pub. L. 97–306, § 205(c)(1)1982—Subsec. (a). , and , made identical amendments by substituting “section 1508” for “section 1504”.

Pub. L. 97–295, § 4(52)(B)Subsec. (a)(5). , substituted “than 6 months” for “the 6 months” after “portion is less”.

Pub. L. 97–306, § 205(c)(2)Subsec. (a)(6). –(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.

Pub. L. 97–295, § 4(52)(C)Subsec. (a)(A) to (C). , inserted “of this subsection” after “clause (2)” wherever appearing.

Pub. L. 97–351981—Subsec. (a). struck out applicability to flight training program.

Pub. L. 96–4661980—Subsec. (a). , §§ 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).

Pub. L. 96–466, § 601(c)(1)Subsec. (d)(2). , 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)”.

Pub. L. 96–466, § 601(c)(2)Subsec. (d)(3). , (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.

Pub. L. 96–466, § 601(c)(3)Subsec. (d)(4). , (4), redesignated par. (5) as (4) and substituted “paragraph (2)” for “paragraphs (2) and (3)”. Former par. (4) redesignated (3).

Pub. L. 96–466, § 601(c)(4)Subsec. (d)(5), (6). , (5), redesignated par. (6) as (5) and substituted “paragraph (4)” for “paragraph (5)”. Former par. (5) redesignated (4).

Pub. L. 96–466, § 601(d)(1)Subsec. (e). , substituted “under subsection (d)(2) of this section” for “under subsection (d)(2) and (3) of this section”.

Pub. L. 96–466, § 601(d)(2)Subsec. (f). , struck out “(except as provided by subsection (d)(3) of this section)” after “half-time basis”.

Pub. L. 96–466, § 341(b)Subsec. (g). , inserted “and define” after “determine”.

Pub. L. 94–5021976—Subsec. (a). , §§ 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).

Pub. L. 94–502, § 513(a)(5)Subsec. (b). , substituted “spouse or surviving spouse” for “wife or widow” wherever appearing, and “spouse’s or surviving spouse’s” for “wife’s or widow’s”.

Pub. L. 94–502, § 513(a)(6)Subsec. (c). , substituted “such veteran’s or person’s” for “his”.

Pub. L. 94–502, § 513(a)(6)Subsec. (d). –(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).

Pub. L. 94–502, § 513(a)(9)Subsec. (e). –(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”.

Pub. L. 94–502, § 513(a)(10)Subsec. (f). , redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

Pub. L. 94–502, § 513(a)(10)Subsecs. (g), (h). , (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).

Pub. L. 93–5081974—Subsec. (a)(2). substituted “legal holidays (or customary vacation periods connected therewith)” for “legal holidays”.

Pub. L. 93–2081973—Subsec. (a). 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).

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Pub. L. 118–210, title II, § 208(b)Jan. 2, 2025138 Stat. 2765

Effective Date of 2021 Amendment

Pub. L. 117–76, § 4(b)Dec. 21, 2021135 Stat. 1519

Pub. L. 116–315, title I, § 1007(d)Jan. 5, 2021134 Stat. 4940

Effective Date of 2017 Amendment

Pub. L. 115–48, title I, § 109(c)(2)Aug. 16, 2017131 Stat. 981

Effective Date of 2011 Amendment

Pub. L. 111–377, title II, § 206(b)Jan. 4, 2011124 Stat. 4127

Effective Date of 2001 Amendment

Pub. L. 107–103Oct. 1, 2002section 104(c) of Pub. L. 107–103section 3014A of this titleAmendment by effective , and applicable with respect to enrollments in courses or programs of education or training beginning on or after that date, see , set out as an Effective Date note under .

Effective Date of 2000 Amendment

Pub. L. 106–419, title I, § 121(b)Nov. 1, 2000114 Stat. 1833

Effective Date of 1994 Amendment

section 605(a)(2)(B) of Pub. L. 103–446Nov. 2, 1994section 605(b) of Pub. L. 103–446section 3672 of this titleAmendment by applicable with respect to programs of education exclusively by correspondence and to correspondence-residence courses commencing more than 90 days after , see , set out as a note under .

Effective Date of 1991 Amendment

Pub. L. 102–127, § 6(b)Oct. 10, 1991105 Stat. 623

Effective Date of 1988 Amendment

Pub. L. 100–689, title I, § 121(b)Nov. 18, 1988102 Stat. 4174

Effective Date of 1981 Amendment

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

Effective Date of 1980 Amendment

Pub. L. 96–466Oct. 1, 1980section 802(c) of Pub. L. 96–466section 3452 of this titleAmendment by sections 341 and 342 of effective , except as otherwise specifically provided, see , set out as a note under .

Pub. L. 96–466Oct. 1, 1980section 802(f) of Pub. L. 96–466section 5314 of this titleAmendment by sections 601(c), (d) and 602(c) of effective , except as otherwise specifically provided, see , set out as an Effective Date note under .

Effective Date of 1976 Amendment

section 505 of Pub. L. 94–502Dec. 1, 1976Pub. L. 94–502Oct. 15, 1976Pub. L. 94–502section 3693 of this titleAmendment by effective , and amendment by sections 506 and 513(a)(5), (6), (11), (12) of effective , see section 703(b), (c) of , set out as an Effective Date note under .

Pub. L. 94–502, title V, § 513(b)Oct. 15, 197690 Stat. 2404

Effective Date of 1974 Amendment

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

Effective Date

Pub. L. 92–540, title VI, § 603Oct. 24, 197286 Stat. 1099

Payment of VA Educational Assistance via Electronic Fund Transfer to a Foreign Institution of Higher Education

Pub. L. 118–210, title II, § 214Jan. 2, 2025138 Stat. 2774

Payment of Allowances to Veterans Enrolled in Educational Institutions Closed for Emergency Situations

Pub. L. 116–140, § 4Apr. 28, 2020134 Stat. 632 Pub. L. 116–315, title IJan. 5, 2021134 Stat. 4966 Pub. L. 117–333, § 6(b)Jan. 5, 2023136 Stat. 6129 , , , as amended by , §§ 1107(b), 1108, , , which temporarily authorized payment of allowances to eligible veterans or persons enrolled in educational institutions or training establishments that were closed or suspended due to emergency situations, was repealed by , , . See subsec. (h) of this section.

Restoration of Entitlement: Payment of Subsistence Allowances

Pub. L. 116–140, § 7(b)Apr. 28, 2020134 Stat. 634 Pub. L. 116–315, title I, § 1007(c)Jan. 5, 2021134 Stat. 4940 , , , which provided that the Secretary of Veterans Affairs was to apply subsec. (a)(2)(B) of this section as if certain amendments had been made, was repealed by , , . See 2021 Amendment note above.

Prompt Payments

Pub. L. 115–407, title I, § 103(b)Dec. 31, 2018132 Stat. 5370

Study of Tuition Assistance Allowance Program Abuses

Pub. L. 93–508, title I, § 105Dec. 3, 197488 Stat. 1581 Dec. 3, 1974, , , 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 .

Executive Documents

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

Nov. 8, 1977Ex. Ord. No. 12020, , 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.