2021 US Code
Title 38 - Veterans' Benefits
Part III - Readjustment and Related Benefits
Front Matter
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EDITORIAL NOTES
AMENDMENTS
2008—Pub. L. 110–252, title V, §5003(a)(2), June 30, 2008, 122 Stat. 2375, added item for chapter 33. 1994—Pub. L. 103–446, title XII, §1201(h)(1), Nov. 2, 1994, 108 Stat. 4688, struck out item for chapter 42 and added identical new item for chapter 42. Pub. L. 103–353, §2(b)(1), Oct. 13, 1994, 108 Stat. 3169, substituted "Employment and Reemployment Rights of Members of the Uniformed Services" and "4301" for "Veterans' Reemployment Rights" and "2021" in item for chapter 43. 1991—Pub. L. 102–83, §5(b)(2), Aug. 6, 1991, 105 Stat. 406, substituted "3001" for "1401" in item for chapter 30, "3100" for "1500" in item for chapter 31, "3201" for "1601" in item for chapter 32, "3451" for "1651" in item for chapter 34, "3500" for "1700" in item for chapter 35, "3670" for "1770" in item for chapter 36, "3701" for "1801" in item for chapter 37, "3901" for "1901" in item for chapter 39, "4100" for "2000" in item for chapter 41, and "4211" for "2011" in item for chapter 42. Pub. L. 102–16, §9(c)(2), Mar. 22, 1991, 105 Stat. 55, struck out "Disabled and Vietnam Era" after "Employment and Training of" in item for chapter 42. 1984—Pub. L. 98–525, title VII, §702(a)(2), Oct. 19, 1984, 98 Stat. 2563, added item for chapter 30. 1982—Pub. L. 97–306, title III, §301(b)(2), Oct. 14, 1982, 96 Stat. 1437, substituted "2000" for "2001" in item for chapter 41. Pub. L. 97–295, §4(35)(A), Oct. 12, 1982, 96 Stat. 1307, substituted "1500" for "1,500" in item for chapter 31. Pub. L. 97–295, §4(35)(B), Oct. 12, 1982, 96 Stat. 1307, substituted "1651" for "1650" in item for chapter 34. 1981—Pub. L. 97–72, title III, §302(b)(2), Nov. 3, 1981, 95 Stat. 1059, substituted "Housing and Small Business Loans" for "Home, Condominium, and Mobile Home Loans" in item for chapter 37. 1980—Pub. L. 96–466, title I, §101(b), Oct. 17, 1980, 94 Stat. 2186, substituted "Training and Rehabilitation for Veterans with Service-Connected Disabilities . . . 1,500" for "Vocational Rehabilitation . . . 1501" in item for chapter 31. 1976—Pub. L. 94–502, title III, §309(b), title IV, §405, Oct. 15, 1976, 90 Stat. 2391, 2397, added item for chapter 32 and substituted "Survivors' and Dependents' Educational Assistance" for "War Orphans' and Widows' Education Assistance" in item for chapter 35. 1974—Pub. L. 93–569, §7(d), Dec. 31, 1974, 88 Stat. 1866, substituted "Home, Condominium, and Mobile Home Loans" for "Home, Farm, and Business Loans" in item for chapter 37. Pub. L. 93–508, title IV, §404(b), Dec. 3, 1974, 88 Stat. 1600, added item for chapter 43. 1972—Pub. L. 92–540, title V, §§502(b), 503(b), Oct. 24, 1972, 86 Stat. 1097, 1098, substituted ", Training and" for "and Employment" in item for chapter 41 and added item for chapter 42. 1971—Pub. L. 91–666, §2(b), Jan. 11, 1971, 84 Stat. 2000, substituted "Automobiles and Adaptive Equipment for Certain Disabled Veterans and Members of the Armed Forces" for "Automobiles for Disabled Veterans" in item for chapter 39. 1968—Pub. L. 90–631, §2(h)(2), Oct. 23, 1968, 82 Stat. 1333, substituted "War Orphans' and Widows' Educational Assistance . . . 1700" for "War Orphan's Educational Assistance . . . 1701" in item for chapter 35. 1966—Pub. L. 89–358, §§4(c), 6(b), Mar. 3, 1966, 80 Stat. 23, 27, added item for chapter "34. Veterans' Educational Assistance . . . 1650", struck out item for chapter "33. Education of Korean Conflict Veterans . . . 1601" and added item for chapter 36; and substituted "Job Counseling and Employment Placement Service for Veterans" for "Unemployment Benefits for Veterans" in item for chapter 41. 1965—Pub. L. 89–50, §1(b), June 24, 1965, 79 Stat. 173, struck out item for chapter 43 "Mustering-Out Payments". STATUTORY NOTES AND RELATED SUBSIDIARIES CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE BENEFITS FOR CERTAIN PROGRAMS OF EDUCATION DURING COVID–19 EMERGENCY Pub. L. 116–315, title I, subtitle B, §§1101–1104, Jan. 5, 2021, 134 Stat. 4960, as amended by Pub. L. 117–76, §5(b)–(d), Dec. 21, 2021, 135 Stat. 1520, provided that: "SEC. 1101. DEFINITIONS."In this subtitle: "(1) Covered program of education.—The term 'covered program of education' means a program of education (as defined in section 3002 of title 38, United States Code) approved by a State approving agency, or the Secretary of Veterans Affairs when acting in the role of a State approving agency. "(2) COVID–19 emergency.—The term 'COVID–19 emergency' means the public health emergency declared pursuant to section 319 of the Public Health Service Act [42 U.S.C. 247d] on January 31, 2020, entitled 'Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus'. "(3) Educational institution.—The term 'educational institution' has the meaning given that term in section 3452(c) of title 38, United States Code, and includes an institution of higher learning (as defined in such section). "(4) State approving agency.—The term 'State approving agency' has the meaning given that term in section 3671 of title 38, United States Code. "(5) Training establishment.—The term 'training establishment' has the meaning given that term in section 3452(e) of title 38, United States Code. "(6) Training.—The term 'training' includes on-job training and apprenticeship programs and vocational rehabilitation programs. "(a) Authority.—If the Secretary of Veterans Affairs determines under subsection (c) that an individual is negatively affected by the COVID–19 emergency, the Secretary may provide educational assistance to that individual under the laws administered by the Secretary as if such negative effects did not occur. The authority under this section is in addition to the authority provided under section 1 of Public Law 116–128 (38 U.S.C. 3001 note prec.) [set out below], but in no case may the Secretary provide more than a total of four weeks of additional educational assistance by reason of section 4 of the Student Veteran Coronavirus Response Act of 2020 (Public Law 116–140; 38 U.S.C. 3680 note) and this section. "(b) Housing and Allowances.—In providing educational assistance to an individual pursuant to subsection (a), the Secretary may— "(1) continue to pay a monthly housing stipend under chapter 33 of title 38, United States Code, during a month the individual would have been enrolled in a program of education or training but for the COVID–19 emergency at the same rate such stipend would have been payable if the individual had not been negatively affected by the COVID–19 emergency, except that the total number of weeks for which stipends may continue to be so payable may not exceed four weeks; and "(2) continue to pay payments or subsistence allowances under chapters 30, 31, 32, 33, and 35 of such title and chapter 1606 of title 10, United States Code, during a month for a period of time that the individual would have been enrolled in a program of education or training but for the COVID–19 emergency, except that the total number of weeks for which payments or allowances may continue to be so payable may not exceed four weeks. "(c) Determination of Negative Effects.—The Secretary shall determine that an individual was negatively affected by the COVID–19 emergency if— "(1) the individual is enrolled in a covered program of education of an educational institution or enrolled in training at a training establishment and is pursuing such program or training using educational assistance under the laws administered by the Secretary; "(2) the educational institution or training establishment certifies to the Secretary that such program or training is truncated, delayed, relocated, canceled, partially canceled, converted from being on-site to being offered by distance learning, or otherwise modified or made unavailable by reason of the COVID–19 emergency; and "(3) the Secretary determines that the modification to such program or training specified under paragraph (2) would reduce the amount of educational assistance (including with respect to monthly housing stipends, payments, or subsistence allowances) that would be payable to the individual but for the COVID–19 emergency. "(d) Effect on Entitlement Period.—If the Secretary determines that an individual who received assistance under this section did not make progress toward the completion of the program of education in which the individual is enrolled during the period for which the individual received such assistance, any assistance provided pursuant to this section shall not be counted for purposes of determining the total amount of an individual's entitlement to educational assistance, housing stipends, or payments or subsistence allowances under chapters 30, 31, 32, and 35 of such title and chapter 1606 of title 10, United States Code. "(e) Applicability Period.—This section shall apply during the period beginning on March 1, 2020, and ending on June 1, 2022. "SEC. 1103. EFFECTS OF CLOSURE OF EDUCATIONAL INSTITUTION AND MODIFICATION OF COURSES BY REASON OF COVID–19 EMERGENCY."(a) Closure or Disapproval.—Any payment of educational assistance described in subsection (b) shall not— "(1) be charged against any entitlement to educational assistance of the individual concerned; or "(2) be counted against the aggregate period for which section 3695 of title 38, United States Code, limits the receipt of educational assistance by such individual. "(b) Educational Assistance Described.—Subject to subsection (d), the payment of educational assistance described in this subsection is the payment of such assistance to an individual for pursuit of a course or program of education at an educational institution under chapter 30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 of title 10, United States Code, if the Secretary determines that the individual— "(1) was unable to complete such course or program as a result of— "(A) the closure of the educational institution, or the full or partial cancellation of a course or program of education, by reason of the COVID–19 emergency; or "(B) the disapproval of the course or a course that is a necessary part of that program under chapter 36 of title 38, United States Code, because the course was modified by reason of such emergency; and "(2) did not receive credit or lost training time, toward completion of the program of education being so pursued. "(c) Housing Assistance.—In this section, educational assistance includes, as applicable— "(1) monthly housing stipends payable under chapter 33 of title 38, United States Code, for any month the individual would have been enrolled in a course or program of education; and "(2) payments or subsistence allowances under chapters 30, 31, 32, and 35 of such title and chapter 1606 of title 10, United States Code, during a month the individual would have been enrolled in a course or program of education. "(d) Period Not Charged.—The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of title 38, United States Code, shall not exceed the aggregate of— "(1) the portion of the period of enrollment in the course from which the individual did not receive credit or with respect to which the individual lost training time, as determined under subsection (b)(2); and "(2) the period by which a monthly stipend is extended under section 3680(a)(2)(B) of title 38, United States Code. "(e) Continuing Pursuit of Disapproved Courses.— "(1) In general.—The Secretary may treat a course of education that is disapproved under chapter 36 of title 38, United States Code, as being approved under such chapter with respect to an individual described in paragraph (2) if the Secretary determines, on a programmatic basis, that— "(A) such disapproval is the result of an action described in subsection (b)(1)(B); and "(B) continuing pursuing such course is in the best interest of the individual. "(2) Individual described.—An individual described in this paragraph is an individual who is pursuing a course of education at an educational institution under chapter 30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 of title 10, United States Code, as of the date on which the course is disapproved as described in subsection (b)(1)(B). "(f) Status as Full-Time Student for Purposes of Housing Stipend Calculation.—In the case of an individual who, as of the first day of the COVID–19 emergency was enrolled on a full-time basis in a program of education and was receiving educational assistance under chapter 33 of title 38, United States Code, or subsistence allowance under chapter 31 of such title, and for whom the Secretary makes a determination under subsection (b), the individual shall be treated as an individual enrolled in a program of education on a full-time basis for the purpose of calculating monthly housing stipends payable under chapter 33 of title 38, United States Code, or subsistence allowance payable under chapter 31 of such title, for any month the individual is enrolled in the program of education on a part-time basis to complete any course of education that was partially or fully canceled by reason of the COVID–19 emergency. "(g) Notice of Closures.—Not later than 5 business days after the date on which the Secretary receives notice that an educational institution will close or is closed by reason of the COVID–19 emergency, the Secretary shall provide to each individual who is enrolled in a course or program of education at such educational institution using entitlement to educational assistance under chapter 30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 of title 10, United States Code, notice of— "(1) such closure and the date of such closure; and "(2) the effect of such closure on the individual's entitlement to educational assistance pursuant to this section. "(h) Applicability.—This section shall apply with respect to the closure of an educational institution, or the cancellation or modification of a course or program of education, that occurs during the period beginning on March 1, 2020, and ending on June 1, 2022. "SEC. 1104. PAYMENT OF EDUCATIONAL ASSISTANCE IN CASES OF WITHDRAWAL."(a) In General.—In the case of any individual who withdraws from a program of education or training, other than a program by correspondence, in an educational institution under chapter 31, 34, or 35 of title 38, United States Code, for a covered reason during the period beginning on March 1, 2020, and ending on June 1, 2022, the Secretary of Veterans Affairs shall find mitigating circumstances for purposes of section 3680(a)(1)(C)(ii) of title 38, United States Code. "(b) Covered Reason.—In this section, the term 'covered reason' means any reason related to the COVID–19 emergency, including— "(1) illness, quarantine, or social distancing requirements; "(2) issues associated with COVID–19 testing accessibility; "(3) access or availability of childcare; "(4) providing care for a family member or cohabitants; "(5) change of location or residence due to COVID–19 or associated school closures; "(6) employment changes or financial hardship; and "(7) issues associated with changes in format or medium of instruction." Pub. L. 116–315, title V, §5105, Jan. 5, 2021, 134 Stat. 5028, provided that: "(a) Agreement Required.—The Secretary of Veterans Affairs shall enter into one or more agreements with public or private entities to provide legal services to women veterans. "(b) Focus.—The focus of an agreement entered into under subsection (a) shall be to address the following unmet needs of women veterans as set forth in the most recently completed Community Homelessness Assessment, Local Education and Networking Groups for Veterans (CHALENG for Veterans) survey: "(1) Child support. "(2) Prevention of eviction and foreclosure. "(3) Discharge upgrades. "(4) Financial guardianship. "(5) Credit counseling. "(6) Family reconciliation assistance." Pub. L. 116–128, §1, Mar. 21, 2020, 134 Stat. 221, as amended by Pub. L. 116–159, div. E, title II, §5202(b), Oct. 1, 2020, 134 Stat. 750; Pub. L. 116–315, title I, §1107(a), Jan. 5, 2021, 134 Stat. 4966; Pub. L. 117–76, §2(b), Dec. 21, 2021, 135 Stat. 1517, provided that: "(a) In General.—In the case of a program of education approved by a State approving agency, or the Secretary of Veterans Affairs when acting in the role of a State approving agency, that is converted from being offered on-site at an educational institution or a training establishment to being offered by distance learning by reason of an emergency or health-related situation, as determined by the Secretary, the Secretary may continue to provide educational assistance under the laws administered by the Secretary without regard to such conversion, including with respect to paying any— "(1) monthly housing stipends under chapter 33 of title 38, United States Code; or "(2) payments or subsistence allowances under chapters 30, 31, 32, and 35 of such title and chapters 1606 and 1607 of title 10, United States Code. "(b) Applicability Period.—Subsection (a) shall apply during the period beginning on March 1, 2020, and ending on June 1, 2022. "(c) Definitions.—In this section: "(1) Educational institution.—The term 'educational institution' has the meaning given that term in section 3452 of title 38, United States Code, and includes an institution of higher learning (as defined in such section). "(2) Program of education.—The term 'program of education' has the meaning given that term in section 3002 of title 38, United States Code. "(3) State approving agency.—The term 'State approving agency' has the meaning given that term in section 3671 of title 38, United States Code. "(4) Training establishment.—The term 'training establishment' has the meaning given such term in section 3452(e) of title 38, United States Code." |
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1 So in original. The period probably should not appear. |
| United States Code, 2018 Edition, Supplement 3, Title 38 - VETERANS' BENEFITS |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 38 - VETERANS' BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS - Front Matter |
| 2021 |
| January 3, 2022 |
| Yes |
| standard |
| 79 Stat. 173 80 Stat. 23 82 Stat. 1333 84 Stat. 2000 86 Stat. 1097 88 Stat. 1600, 1866 90 Stat. 2391 94 Stat. 2186 95 Stat. 1059 96 Stat. 1307, 1437 98 Stat. 2563 105 Stat. 55, 406 108 Stat. 3169, 4688 122 Stat. 2375 134 Stat. 221, 750, 4960, 4966, 5028 135 Stat. 1517, 1520 |
| Public Law 89-50, Public Law 89-358, Public Law 90-631, Public Law 91-666, Public Law 92-540, Public Law 93-508, Public Law 93-569, Public Law 94-502, Public Law 96-466, Public Law 97-72, Public Law 97-295, Public Law 97-306, Public Law 98-525, Public Law 102-16, Public Law 102-83, Public Law 103-353, Public Law 103-446, Public Law 110-252, Public Law 116-128, Public Law 116-140, Public Law 116-159, Public Law 116-315, Public Law 117-76 |
