38 U.S.C. § 3680
Payment of educational assistance or subsistence allowances
United States · Title 38 — VETERANS’ BENEFITS · Status: effective
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- Citation
- 38 U.S.C. § 3680, Payment of educational assistance or subsistence allowances, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/473256
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Full text
Except as provided in paragraphs (2) and (3), payment of educational assistance or subsistence allowances to eligible veterans or eligible persons pursuing a program of education or training, other than a program by correspondence, in an educational institution under chapter 31, 34, or 35 of this title shall be paid as provided in this section and, as applicable, in section 3108, 3482, 3491, or 3532 of this title. Such payments shall be paid only for the period of such veterans’ or persons’ enrollment in, and pursuit of, such program, but no amount shall be paid—
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—
Notwithstanding paragraph (1), the Secretary may, pursuant to such regulations as the Secretary shall prescribe, continue to pay allowances to eligible veterans and eligible persons enrolled in courses set forth in paragraph (1)(A)—
solely for the purpose of awarding a monthly housing stipend described in section 3313 of this title or a subsistence allowance described in section 3108, during periods following a permanent closure of an educational institution, or following the disapproval of a course of study described in section 3699(b)(1)(B) of this title, except that payment of such a stipend or allowance may only be continued until the earlier of—
Notwithstanding paragraph (1), in the case of an eligible veteran or eligible person who is pursuing a program of education on less than a half-time basis during a period that is the last semester, term, or academic period the veteran or person will be enrolled in the program of education because the veteran or person will complete the program of education at the end of that semester, term, or academic period, the Secretary may, pursuant to such regulations as the Secretary shall prescribe, provide to the veteran or person educational assistance under chapter 30, 31, 32, 33, 34, or 35 of this title or under chapter 1606 of title 10 on the basis of the total number of credits or courses in which the veteran or person is enrolled, if—
the veteran or person—
No educational assistance allowance shall be paid to an eligible veteran or spouse or surviving spouse enrolled in and pursuing a program of education exclusively by correspondence until the Secretary shall have received—
Subject to the provisions of this subsection, and under regulations which the Secretary shall prescribe, an eligible veteran or eligible person shall be paid an educational assistance allowance or subsistence allowance, as appropriate, advance payment. Such advance payment shall be made in an amount equivalent to the allowance for the month or fraction thereof in which pursuit of the program will commence, plus the allowance for the succeeding month. In the case of a person on active duty, who is pursuing a program of education, the advance payment shall be in a lump sum based upon the amount payable for the entire quarter, semester, or term, as applicable. In no event shall an advance payment be made under this subsection to a veteran or person intending to pursue a program of education on less than a half-time basis. An advance payment may not be made under this subsection to any veteran or person unless the veteran or person requests such payment and the Secretary finds that the educational institution at which such veteran or person is accepted or enrolled has agreed to, and can satisfactorily, carry out the provisions of paragraphs (4)(B) and (C) and (5) of this subsection. The application for advance payment, to be made on a form prescribed by the Secretary, shall—
The Secretary may, pursuant to regulations which the Secretary shall prescribe, determine and define with respect to an eligible veteran and eligible person the following:
The Secretary may pay allowances to an eligible veteran or eligible person under subsection (a)(2)(A), if the veteran or person is enrolled in a program or course of education that—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.
- A bill to amend chapter 36 of title 38, United States Code, to authorize the Administrator of Veterans' Affairs to continue making educational assistance and subsistence allowance payments to eligible veterans and eligible persons during periods when the educational institutions in which they are enrolled are temporarily closed pursuant to a policy proclaimed by the President or because of emergency conditions.House: no recorded tallySenate: no recorded tally
- An Act to amend title 38, United States Code, to increase vocational rehabilitation subsistence allowances, educational and training assistance allowances, and special allowances paid to eligible veterans and persons under chapters 31, 34, and 35 of such title; to improve and expand the special programs for educationally disadvantaged veterans and servicemen under chapter 34 of such title; to improve and expand the veteran student services program; to establish an education loan program for veterans and persons eligible for benefits under chapter 34 or 35 of such title; to make other improvements in the educational assistance program and in the administration of educational benefits; to promote the employment of veterans and the wives and widows of certain veterans by improving and expanding the provisions governing the operation of the Veterans Employment Service, by increasing the employment of veterans by Federal contractors and subcontractors, and by providing for an action plan for the employment of disabled and Vietnam era veterans within the Federal Government; to codify and expand veterans reemployment rights; and for other purposes.House: no recorded tallySenate: no recorded tally
- Veterans' Education and Employment Assistance Act of 1976House: no recorded tallySenate: no recorded tally
- Veterans Rehabilitation and Education Amendments of 1980House: no recorded tallySenate: no recorded tally
- Omnibus Budget Reconciliation Act of 1981House: no recorded tallySenate: no recorded tally
- A bill to amend titles 10, 14, 37, and 38, United States Code, to codify recent law and to improve the Code.House: no recorded tallySenate: no recorded tally
- Veterans' Compensation, Education, and Employment Amendments of 1982House: no recorded tallySenate: no recorded tally
- Veterans' Benefits Improvement and Health Care Authorization Act of 1986House: no recorded tallySenate: no recorded tally
- Veterans' Benefits and Programs Improvement Act of 1988House: no recorded tallySenate: no recorded tally
- Veterans' Benefits Amendments of 1989House: no recorded tallySenate: no recorded tally
- Department of Veterans Affairs Health-Care Personnel Act of 1991House: 399–0Senate: no recorded tally
- Department of Veterans Affairs Codification ActHouse: no recorded tallySenate: no recorded tally
- Veterans' Educational Assistance Amendments of 1991House: no recorded tallySenate: no recorded tally
- Veterans' Benefits Act of 1992House: no recorded tallySenate: no recorded tally
- Veterans' Benefits Improvements Act of 1994House: no recorded tallySenate: no recorded tally
- Veterans Benefits and Health Care Improvement Act of 2000House: 417–0Senate: no recorded tally
- Veterans Education and Benefits Expansion Act of 2001House: 416–0Senate: no recorded tally
- Veterans' Housing Opportunity and Benefits Improvement Act of 2006House: 372–0Senate: no recorded tally
- Post-9/11 Veterans Educational Assistance Improvements Act of 2010House: 409–3Senate: no recorded tally
- Harry W. Colmery Veterans Educational Assistance Act of 2017House: 405–0Senate: no recorded tally
- VALOR ActHouse: no recorded tallySenate: no recorded tally
- Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020House: no recorded tallySenate: no recorded tally
- REMOTE ActHouse: no recorded tallySenate: no recorded tally
- Veterans Auto and Education Improvement Act of 2022House: 380–35Senate: no recorded tally
- Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement ActHouse: 382–12Senate: no recorded tally