38 U.S.C. § 3511
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.
38 U.S.C. § 3511
EDITORIAL NOTES
AMENDMENTS2017-Subsec. (a)(1). Pub. L. 115-48 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).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)(1). Pub. L. 109-461, §301(b)(2)(A), substituted "Each eligible person, whether made eligible by one or more of the provisions of section 3501(a)(1) of this title," 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), which substituted "Each eligible person, whether made eligible by one or more of the provisions of section 3501(a)(1) of this title," for "Each eligible person" and "an aggregate period" for "a period" in first sentence and struck out second sentence, was terminated by Pub. L. 109-461, §1006(b). See Amendment notes above. Pub. L. 109-233 inserted "sections" after "under both".Subsec. (a)(2)(B)(i). Pub. L. 109-461, §302(a), inserted "or of being involuntarily ordered to full-time National Guard duty under section 502(f) of title 32" after "title 10".Subsec. (b)(2). Pub. L. 109-461, §301(b)(2)(B)(i), 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), which substituted "section" for "the provisions of section 3501(a)(1)(A)(iii) or" and struck out "or" at end, was terminated by Pub. L. 109-461, §1006(b). See Amendment notes above.Subsec. (b)(3). Pub. L. 109-461, §301(b)(2)(B)(ii), 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), 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 Pub. L. 109-461, §1006(b). See Amendment notes above.Subsec. (b)(4). Pub. L. 109-461, §301(b)(2)(B)(iii), added par. (4). Pub. L. 109-444, §3(b)(2)(B)(iii), which added par. (4) identical to that added by Pub. L. 109-461, §301(b)(2)(B)(iii), was terminated by Pub. L. 109-461, §1006(b). See Amendment notes above. Subsec. (c). Pub. L. 109-461, §301(b)(2)(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), which struck out subsec. (c), was terminated by Pub. L. 109-461, §1006(b). See Amendment notes above.2001-Subsec. (a)(1). Pub. L. 107-103, §108(c)(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."Subsec. (a)(2)(B)(i). Pub. L. 107-103, §103(a), 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;". Subsec. (c). Pub. L. 107-103, §108(b)(1), added subsec. (c). 1991- Pub. L. 102-83, §5(a), renumbered section 1711 of this title as this section. Subsec. (a). Pub. L. 102-127 designated existing provisions as par. (1) and added par. (2). Subsec. (b). Pub. L. 102-83, §5(c)(1), 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). 1976-Subsec. (a). Pub. L. 94-502, §303(1), substituted "45 months" for "thirty-six months".Subsec. (b). Pub. L. 94-502, §§303(2), 310, 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". 1970-Subsec. (b). Pub. L. 91-584 added par. (2), redesignated former par. (2) as (3), and substituted "1701(a)(1)(D)" for "1701(a)(1)(C)".1969-Subsec. (b)(1). Pub. L. 91-24 substituted "section 1701(a)(8) of this title" for "section 1701(a)(10) of this title".1968-Subsec. (b). Pub. L. 90-631, §§1(c), 2, 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 section 1701(a)(10) of this title, and the individual, as an eligible person under section 1701(a)(1)(C) of this title, 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.Subsec. (c). Pub. L. 90-631, §1(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.Subsec. (d). Pub. L. 90-631, §1(c), redesignated subsec. (d) as (b). 1966-Subsec. (b). Pub. L. 89-358 substituted "34" for "33" and inserted "or under chapter 33 of this title as in effect before February 1, 1965".1964-Subsec. (d). Pub. L. 88-361 added subsec. (d).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2006 AMENDMENT Amendment by section 301(b)(2) 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. 109-461, title III, §302(b), Dec. 22, 2006, 120 Stat. 3428, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to a payment of educational assistance allowance made after September 11, 2001."
EFFECTIVE DATE OF 2001 AMENDMENT Amendment by section 103(a) 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. Pub. L. 107-103, title I, §108(c)(4), Dec. 27, 2001, 115 Stat. 985, provided that: "The amendments made by this subsection [amending this section and section 3512 of this title] 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 [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."
EFFECTIVE DATE OF 1976 AMENDMENT Amendment by sections 303 and 310(6) 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.
EFFECTIVE DATE OF 1968 AMENDMENT 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.