Section 2 of Public Law 87–117 [75 Stat. 242], referred to in subsec. (a)(5), was set out as a note under former section 263 of Title 10, Armed Forces.

2006—Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

Subsec. (a). Pub. L. 109–461, § 301(b)(3)(A)(i), substituted “an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501 (a)(1)(C) of this title” for “an eligible person (within the meaning of section 3501 (a)(1)(A) of this title)”.

Pub. L. 109–444, § 3(b)(3)(A)(i), which substituted “an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501 (a)(1)(C) of this title” for “an eligible person (within the meaning of section 3501 (a)(1)(A) of this title)”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (a)(6). Pub. L. 109–461, § 301(b)(3)(A)(ii), substituted “a parent being listed in one of the categories referred to in section 3501 (a)(1)(C)” for “the provisions of section 3501 (a)(1)(A)(iii)”.

Pub. L. 109–444, § 3(b)(3)(A)(ii), which substituted “a parent being listed in one of the categories referred to in section 3501 (a)(1)(C)” for “the provisions of section 3501 (a)(1)(A)(iii)”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (b)(1)(A). Pub. L. 109–461, § 301(b)(3)(B)(i), inserted “or a person made eligible by the disability of a spouse under section 3501 (a)(1)(E) of this title” after “section 3501 (a)(1) of this title” and substituted “3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title” for “or 3501(a)(1)(D)(ii) of this title”.

Pub. L. 109–444, § 3(b)(3)(B)(i), which inserted “or a person made eligible by the disability of a spouse under section 3501 (a)(1)(E) of this title” after “section 3501 (a)(1) of this title” and substituted “3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title” for “or 3501(a)(1)(D)(ii) of this title”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (b)(1)(B)(iii). Pub. L. 109–461, § 301(b)(3)(B)(ii), added cl. (iii).

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

Subsec. (b)(2). Pub. L. 109–461, § 301(b)(3)(B)(iii), substituted “(D), or (E) of this title) whose eligibility is based on the death or disability of a spouse or on a spouse being listed in one of the categories referred to in section 3501 (a)(1)(C) of this title” for “or (D) of this title)”.

Pub. L. 109–444, § 3(b)(3)(B)(iii), which substituted “(D), or (E) of this title) whose eligibility is based on the death or disability of a spouse or on a spouse being listed in one of the categories referred to in section 3501 (a)(1)(C) of this title” for “or (D) of this title)”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (d). Pub. L. 109–461, § 301(b)(3)(C), substituted “person from whom eligibility” for “veteran from whom eligibility”.

Pub. L. 109–444, § 3(b)(3)(C), which substituted “person from whom eligibility” for “veteran from whom eligibility”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (e). Pub. L. 109–461, § 301(b)(3)(D), inserted “based on a spouse being listed in one of the categories referred to in section 3501 (a)(1)(C) of this title” after “of this title” and “so” after “the spouse was” and struck out “by the Secretary concerned in one of the categories referred to in such section or December 24, 1970, whichever last occurs” before period at end.

Pub. L. 109–444, § 3(b)(3)(D), which inserted “based on a spouse being listed in one of the categories referred to in section 3501 (a)(1)(C) of this title” after “of this title” and “so” after “the spouse was” and struck out “by the Secretary concerned in one of the categories referred to in such section or December 24, 1970, whichever last occurs” before period at end, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

2004—Subsec. (b)(1)(A). Pub. L. 108–454, § 105(1), substituted “in subparagraph (B) or (C)” for “in subparagraph (B)”.

Subsec. (b)(1)(C). Pub. L. 108–454, § 105(2), added subpar.(C).

2003—Subsec. (f). Pub. L. 108–183, § 306(f)(2), struck out subsec. (f) which related to period of eligibility for loans under subchapter III of chapter 36 of this title.

Subsec. (h). Pub. L. 108–183, § 303(a), inserted “or is involuntarily ordered to full-time National Guard duty under section 502 (f) of title 32,” after “title 10,”.

2002—Subsec. (a)(3). Pub. L. 107–330, § 308(e)(1)(A)(i), substituted “paragraph (4) or (5)” for “paragraph (4)” in introductory provisions.

Subsec. (a)(3)(C)(i). Pub. L. 107–330, § 308(e)(1)(A)(ii), substituted “subsection (d), or any date between the two dates described in subsection (d)” for “subsection (d)”.

Subsec. (a)(4) to (8). Pub. L. 107–330, § 308(e)(1)(B)–(D), added par. (4), redesignated former pars. (4) to (7) as (5) to (8), respectively, and substituted “paragraph (5)” for “paragraph (4)” in par. (6).

2001—Subsec. (a)(3)(B). Pub. L. 107–14, § 7(f)(1)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “the eligible person makes that election after the person’s eighteenth birthday but before the person’s twenty-sixth birthday; and”.

Subsec. (a)(3)(C)(i). Pub. L. 107–14, § 7(f)(1)(B), substituted “the date determined pursuant to” for “between the dates described in”.

Subsec. (a)(5). Pub. L. 107–14, § 8(a)(6)(A), substituted “paragraph (4)” for “clause (4) of this subsection”.

Subsec. (b)(1). Pub. L. 107–103, § 108(c)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “No person made eligible by section 3501 (a)(1)(B) or (D) of this title may be afforded educational assistance under this chapter beyond 10 years after whichever of the following last occurs:

“(A) The date on which the Secretary first finds the spouse from whom eligibility is derived has a service-connected total disability permanent in nature.

“(B) The date of death of the spouse from whom eligibility is derived who dies while a total disability evaluated as permanent in nature was in existence.

“(C) The date on which the Secretary determines that the spouse from whom eligibility is derived died of a service-connected disability.”

Subsec. (b)(2). Pub. L. 107–14, § 8(a)(6)(B), substituted “willful” for “willfull”.

Subsec. (b)(3). Pub. L. 107–103, § 108(c)(3), struck out par. (3) which read as follows:

“(3)(A) Notwithstanding the provisions of paragraph (1) of this subsection, any eligible person (as defined in clause (B) or (D) of section 3501 (a)(1) of this title) may, subject to the approval of the Secretary, be permitted to elect a date referred to in subparagraph (B) of this paragraph to commence receiving educational assistance benefits under this chapter. The date so elected shall be the beginning date of the delimiting period applicable to such person under this section.

“(B) The date which an eligible person may elect under subparagraph (A) of this paragraph is any date during the period beginning on the date the person became an eligible person within the meaning of clause (B) or (D) of section 3501 (a)(1) of this title and ending on the date determined under subparagraph (A), (B), or (C) of paragraph (1) of this subsection to be applicable to such person.”

Subsec. (g). Pub. L. 107–103, § 108(b)(2), struck out subsec. (g) which read as follows: “Any entitlement used by any eligible person as a result of eligibility under the provisions of section 3501 (a)(1)(A)(iii) or 3501 (a)(1)(C) of this title shall be deducted from any entitlement to which such person may subsequently become entitled under the provisions of this chapter.”

Subsec. (h). Pub. L. 107–103, § 103(b), added subsec. (h).

2000—Subsec. (a)(3). Pub. L. 106–419, § 112, substituted “8 years after the date that is elected by that person to be the beginning date of entitlement under section 3511 of this title or subchapter V of this chapter if—” and subpars. (A) to (C) for “8 years after, whichever date last occurs: (A) the date on which the Secretary first finds that the parent from whom eligibility is derived has a service-connected total disability permanent in nature, or (B) the date of death of the parent from whom eligibility is derived;”.

Subsec. (a)(7). Pub. L. 106–419, § 114(b), added par. (7).

1991—Pub. L. 102–83, § 5(a), renumbered section 1712 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(1)(A)” for “1701(a)(1)(A)” and “3511” for “1711” in introductory provisions, “3536” for “1736” in par. (2), and “3501(a)(1)(A)(iii)” for “1701(a)(1)(A)(iii)” in par. (5).

Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(1)(B)” for “1701(a)(1)(B)” in pars. (1) and (2) and “3501(a)(1)” for “1701(a)(1)” in par. (3)(A) and (B).

Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(1)(C)” for “1701(a)(1)(C)”.

Subsec. (f). Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(1)(B)” for “1701(a)(1)(B)” and “3462(a)(2)” for “1662(a)(2)”.

Subsec. (g). Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(1)(A)(iii) or 3501(a)(1)(C)” for “1701(a)(1)(A)(iii) or 1701(a)(1)(C)”.

1989—Subsecs. (a)(1) to (3), (b)(1)(A), (C), (2), (3)(A), (c). Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

1986—Subsec. (b)(3). Pub. L. 99–576 added par. (3).

1983—Subsec. (b)(2)(C). Pub. L. 98–160 substituted “October 1, 1980” for “the effective date of the Veterans’ Rehabilitation and Education Amendments of 1980”.

1982—Subsec. (a). Pub. L. 97–295, § 4(44)(A), inserted “of this title” after “section 1701 (a)(1)(A)”, and inserted a colon after “last occurs” in cl. (3).

Subsec. (b). Pub. L. 97–295, § 4(44)(B), substituted “of this title” for “of this chapter” wherever appearing.

Subsec. (e). Pub. L. 97–295, § 4(44)(C), substituted “December 24, 1970” for “the date of enactment of this subsection”.

1981—Subsec. (b)(1). Pub. L. 97–66 substituted “after whichever of the following last occurs” for “after whichever last occurs” in the provisions preceding subpar. (A), “The date” for “the date” and “permanent in nature.” for “permanent in nature, or;” in subpar. (A), and “The date of death of the spouse from whom eligibility is derived who dies while a total disability evaluated as permanent in nature was in existence” for “the date of death of the spouse from whom eligibility is derived” in subpar. (B), and added subpar. (C).

1980—Subsec. (a)(5), (6). Pub. L. 96–466, § 321, added cl. (5) and redesignated former cl. (5) as (6).

Subsec. (b)(2). Pub. L. 96–466, § 322, inserted “made within one year after (A) the last date of the delimiting period otherwise applicable under this section, (B) the termination of the period of mental or physical disability, or (C) the effective date of the Veterans’ Rehabilitation and Education Amendments of 1980, whichever is the latest” after “application”, inserted “so” after “that such veteran was”, and inserted provision relating to the running of the delimiting period when an extension of the applicable delimiting period is granted an eligible person.

1977—Subsec. (b). Pub. L. 95–202, § 203(a)(2), designated existing provisions as par. (1) and former cls. (1) and (2) thereof as cls. (A) and (B), and added par. (2).

Subsecs. (f), (g). Pub. L. 95–202, § 203(b)(2), added subsec. (f) and redesignated former subsec. (f) as (g).

1976—Subsec. (a). Pub. L. 94–502, §§ 304(1), (2), 310 (7), substituted “the person” for “he” and “him” and “the person’s” for “his” respectively, in the provision preceding cl. (1), and in cls. (1), (2), (3), and (4), in cls. (3) and (4) “8 years” for “five years”, and cl. (5), “such person” for “he”, “a quarter or semester” for “the last half of a quarter or semester”, “period ends after a major portion of the course is completed” for “periods ends during the last half of the course”, and “12 weeks” for “nine weeks”.

Subsec. (c). Pub. L. 94–502, § 310(8), substituted “such person” for “him” and “he” wherever appearing, and “such person’s” for “his” wherever appearing.

Subsec. (d). Pub. L. 94–502, § 304(3), struck out subsec. (d) which authorized educational assistance to an eligible person beyond the age limits applicable to him under subsec. (a) of this section by a period of time equivalent to the period of time between his eighteenth birthday or the date of his application, whichever was later, and the date of approval of his application, but in no event beyond his thirty-first birthday. Former subsec. (e) redesignated (d).

Subsec. (e). Pub. L. 94–502, §§ 304(3), 310 (9), redesignated subsec. (f) as (e) and substituted “the spouse” for “her spouse”. Former subsec. (e) redesignated (d).

Subsecs. (f), (g). Pub. L. 94–502, §§ 304(3), 310 (9), redesignated subsec. (g) as (f) and substituted “such person” for “he”. Former subsec. (f) redesignated (e).

1974—Subsec. (b). Pub. L. 93–337, § 2(1), substituted “may be afforded educational assistance under this chapter beyond 10 years” for “may be afforded educational assistance under this chapter beyond eight years”.

Subsec. (f). Pub. L. 93–337, § 2(2), substituted “may be afforded educational assistance under this chapter beyond 10 years” for “may be afforded educational assistance under this chapter beyond eight years”.

1972—Subsec. (a)(2). Pub. L. 92–540 substituted reference to section 1736 of this title for reference to section 1737 of this title.

1970—Subsec. (a)(3). Pub. L. 91–219, § 208(1), substituted “last occurs” for “first occurs”.

Subsec. (b). Pub. L. 91–584, § 3(1), substituted “1701(a)(1)(B) or (D)” for “1701(a)(1)(B) or (C)”.

Subsec. (e). Pub. L. 91–219, § 208(2), added subsec. (e).

Subsecs. (f), (g). Pub. L. 91–584, § 3(2), added subsecs. (f) and (g).

1968—Subsec. (a). Pub. L. 90–631, § 2(e)(1), inserted “(within the meaning of section 1701 (a)(1)(A))” after “to which an eligible person”.

Subsec. (b). Pub. L. 90–631, § 2(e)(2), substituted provisions that no person made eligible by section 1701 (a) (1)(B) or (C) may be afforded educational assistance under this chapter beyond 8 years after whichever of the specified events last occurs for provisions that no eligible person may be afforded educational assistance under this chapter unless he was discharged or released after each period he was on duty with the armed forces under conditions other than dishonorable, or while he is on duty with the armed forces.

1967—Subsec. (a). Pub. L. 90–77 substituted “twenty-sixth” for “twenty-third” birthday in text preceding cl. (1) and in cls. (3) and (4).

1964—Subsec. (a)(3). Pub. L. 88–361, § 3(a), inserted provisions relating to parents with a service-connected total disability permanent in nature.

Subsec. (d). Pub. L. 88–361, § 3(b), added subsec. (d).

1962—Subsec. (a). Pub. L. 87–815, among other changes, struck out from cl. (3), provisions which it incorporated into cl. (4), added to such cl. (4) the exclusion from the computation of the five year period, of all periods during which the person served on active duty before Aug. 1, 1962, pursuant to a call as a Reserve after July 30, 1961, or an extension of duty pursuant to Pub. L. 87–117, and redesignated former cl. (4) as (5).

Subsec. (c). Pub. L. 87–819 added subsec. (c).

Amendment by section 301(b)(3) of Pub. L. 109–461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title.

Pub. L. 108–183, title III, § 303(b), Dec. 16, 2003, 117 Stat. 2659, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as of September 11, 2001.”

Amendment by section 306(f)(2) of Pub. L. 108–183 effective 90 days after Dec. 16, 2003, see section 306(h)(2) of Pub. L. 108–183, set out as a note under section 3485 of this title.

Pub. L. 107–330, title III, § 308(e)(2), Dec. 6, 2002, 116 Stat. 2828, provided that: “The amendments made by this subsection [amending this section] shall take effect November 1, 2000.”

Amendment by section 103(b) of Pub. L. 107–103 effective Sept. 11, 2001, see section 103(e) of Pub. L. 107–103, set out as a note under section 3013 of this title.

Amendment by section 108(c)(2), (3) of Pub. L. 107–103 applicable with respect to any determination, whether administrative or judicial, of the eligibility of a spouse or surviving spouse for educational assistance under this chapter made on or after Dec. 27, 2001, 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, see section 108(c)(4) of Pub. L. 107–103, set out as a note under section 3511 of this title.

Pub. L. 107–14, § 7(f)(2), June 5, 2001, 115 Stat. 34, provided that: “The amendments made by paragraph (1) [amending this section] shall take effect as if enacted on November 1, 2000, immediately after the enactment of the Veterans Benefits and Health Care Improvement Act of 2000 [Public Law 106–419].”

Amendment by Pub. L. 97–66 effective Oct. 17, 1981, see section 701(b)(1) of Pub. L. 97–66, set out as a note under section 1114 of this title.

Amendment by 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 Pub. L. 95–202 effective retroactively to May 31, 1976, see section 501 of Pub. L. 95–202, set out as a note under section 101 of this title.

Amendment by sections 304 and 310 (7)–(9) of Pub. L. 94–502 effective Oct. 1, 1976, and Oct. 15, 1976, respectively, see section 703(a), (b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Amendment by Pub. L. 90–631 effective first day of second calendar month which begins after Oct. 23, 1968, see section 6(a) of Pub. L. 90–631, set out as an Effective Date note under section 3500 of this title.

Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.

Section 604 of Pub. L. 92–540, as amended by Pub. L. 93–337, § 3, July 10, 1974, 88 Stat. 292, provided that a wife or widow who was eligible to pursue a program of education exclusively by correspondence under section 1786 [now 3686] of this title or entitled to the benefits of section 1733 (a) [now 3533(a)] of this title, had 10 years from Oct. 24, 1972, to complete such program of education or receive such benefits and provided that an eligible person, as defined in section 1701 (a)(1) [now 3501(a)(1)] of this title, who was entitled to pursue a program of apprenticeship or other on-job training under section 1787 [now 3687] of this title had 10 years from Oct. 24, 1972, to complete such program or training.

Section 2(f) of Pub. L. 90–631, as amended Pub. L. 97–66, title VI, § 605(b), Oct. 17, 1981, 95 Stat. 1036, provided that in the case of any person who was an eligible person by reason of section 1701 (a)(1)(B) or (D) [now 3501(a)(1)(B) or (D)] of this title, if the date of death or the date of the determination of service-connected total disability permanent in nature of the person from whom eligibility was derived occurred before Dec. 1, 1968, the 10-year delimiting period referred to in subsec. (b)(1) of this section was to run from such date and provided that if the death of the person from whom such eligibility was derived occurred before Dec. 1, 1968, and the date on which the Administrator of Veterans’ Affairs determined that such person died of a service-connected disability was later than Dec. 1, 1968, the delimiting period referred to in subsec. (b)(1) of this section was to run from the date on which the Administrator made such determination.

Section 307(b) of Pub. L. 90–77 provided that anyone made eligible for educational assistance under this chapter by Pub. L. 90–77, and who, on the effective date of Pub. L. 90–77, was below the age of twenty-six, was to remain eligible for said assistance until the expiration of the five year period beginning on the effective date of Pub. L. 90–77 as set out in the Effective Date of 1967 Amendment note under section 101 of this title, excluding from such period any time which elapsed between applying for the assistance and the determination of eligibility by the Administrator of Veterans’ Affairs, and also provided that the period of eligibility was to terminate regardless of the five year period when the eligible person reached the age of thirty-one.

Pub. L. 89–349, § 2, Nov. 8, 1965, 79 Stat. 1313, provided that anyone made eligible for educational assistance under section 1701 [now 3501] of this title by reason of the amendment of that section by Pub. L. 89–349, and who was between the ages of seventeen and twenty-three on Nov. 8, 1965, was to remain eligible for said assistance until the expiration of the five year period beginning on Nov. 8, 1965.

Section 5 of Pub. L. 88–361 provided that anyone made eligible for educational assistance under section 1701 [now 3501] of this title by reason of the amendment of that section by Pub. L. 88–361, and who was between the ages of seventeen and twenty-three on July 7, 1964, was to remain eligible for said assistance until the expiration of the five year period beginning on July 7, 1964, excluding from such period any time which elapsed between applying for the assistance and the determination of eligibility by the Administrator of Veterans’ Affairs, and also provided that the period of eligibility was to terminate regardless of the five year period when the eligible person reached the age of thirty-one.

Pub. L. 87–377, § 2, Oct. 4, 1961, 75 Stat. 806, which contained a savings clause which granted five years of educational training to certain children in the Philippines, was repealed by Pub. L. 91–24, § 14(d), June 11, 1969, 83 Stat. 35, effective June 11, 1969, except as to any indebtedness which may be due the Government as the result of any benefits granted thereunder.

Pub. L. 86–236, § 2, Sept. 8, 1959, 73 Stat. 471, as amended by Pub. L. 87–815, § 2(b), Oct. 15, 1962, 76 Stat. 927, which contained a savings clause which granted five years of educational training to certain children of Spanish-American War veterans, was repealed by Pub. L. 91–24, § 14(b), June 11, 1969, 83 Stat. 35, effective June 11, 1969, except as to any indebtedness which may be due the Government as the result of any benefits granted thereunder.