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38 U.S.C. § 3319 — Authority to transfer unused education benefits to family members
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) Subject to the provisions of this section, the Secretary concerned may permit an individual described in subsection (b) who is entitled to educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual’s entitlement to such assistance, subject to the limitation under subsection (d).
(2) The purpose of the authority in paragraph (1) is to promote recruitment and retention in the uniformed services. The Secretary concerned may exercise the authority for that purpose when authorized by the Secretary of Defense in the national security interests of the United States.
**(b) Eligible Individuals.—** An individual referred to in subsection (a) is any member of the uniformed services who, at the time of the approval of the individual’s request to transfer entitlement to educational assistance under this section, has completed at least—
(1) six years of service in the Armed Forces and enters into an agreement to serve at least four more years as a member of the uniformed services; or
(2) the years of service as determined in regulations pursuant to subsection (j).
**(c) Eligible Dependents.—**
(1) **Transfer.—** — An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual’s entitlement to an eligible dependent or a combination of eligible dependents.
(2) **Definition of eligible dependent.—** — For purposes of this subsection, the term “eligible dependent” has the meaning given the term “dependent” under subparagraphs (A), (I), and (D) of [section 1072(2) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/2&num=0&edition=prelim).
**(d) Limitation on Mo
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Source location: Title 38, Chapter 33, § 3319; chapter-033-post-9-11-educational-assistance.md
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**(a) In General.—**
(1) Subject to the provisions of this section, the Secretary concerned may permit an individual described in subsection (b) who is entitled to educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual’s entitlement to such assistance, subject to the limitation under subsection (d).
(2) The purpose of the authority in paragraph (1) is to promote recruitment and retention in the uniformed services. The Secretary concerned may exercise the authority for that purpose when authorized by the Secretary of Defense in the national security interests of the United States.
**(b) Eligible Individuals.—** An individual referred to in subsection (a) is any member of the uniformed services who, at the time of the approval of the individual’s request to transfer entitlement to educational assistance under this section, has completed at least—
(1) six years of service in the Armed Forces and enters into an agreement to serve at least four more years as a member of the uniformed services; or
(2) the years of service as determined in regulations pursuant to subsection (j).
**(c) Eligible Dependents.—**
(1) **Transfer.—** — An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual’s entitlement to an eligible dependent or a combination of eligible dependents.
(2) **Definition of eligible dependent.—** — For purposes of this subsection, the term “eligible dependent” has the meaning given the term “dependent” under subparagraphs (A), (I), and (D) of [section 1072(2) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/2&num=0&edition=prelim).
**(d) Limitation on Months of Transfer.—** The total number of months of entitlement transferred by a individual under this section may not exceed 36 months. The Secretary of Defense may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than 18 months.
**(e) Designation of Transferee.—** An individual transferring an entitlement to educational assistance under this section shall—
(1) designate the dependent or dependents to whom such entitlement is being transferred; and
(2) designate the number of months of such entitlement to be transferred to each such dependent.
**(f) Time for Transfer; Revocation and Modification.—**
(1) **Time for transfer.—** — Subject to the time limitation for use of entitlement under section 3321, and except as provided in subsection (k) or (l), an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed.
(2) **Modification or revocation.—**
(A) *In general.—* — An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred.
(B) *Notice.—* — The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs.
(3) **Prohibition on treatment of transferred entitlement as marital property.—** — Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding.
**(g) Commencement of Use.—** A dependent to whom entitlement to educational assistance is transferred under this section may not commence the use of the transferred entitlement until—
(1) in the case of entitlement transferred to a spouse, the completion by the individual making the transfer of at least—
(A) six years of service in the Armed Forces; or
(B) the years of service as determined in regulations pursuant to subsection (j); or
(2) in the case of entitlement transferred to a child, both—
(A) the completion by the individual making the transfer of at least—
(i) ten years of service in the Armed Forces; or
(ii) the years of service as determined in regulations pursuant to subsection (j); and
(B) either—
(i) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or
(ii) the attainment by the child of 18 years of age.
**(h) Additional Administrative Matters.—**
(1) **Use.—** — The use of any entitlement to educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used.
(2) **Nature of transferred entitlement.—** — Except as provided under subsection (e)(2) and subject to paragraphs (5) and (6)—
(A) in the case of entitlement transferred to a spouse under this section, the spouse is entitled to educational assistance under this chapter in the same manner as the individual from whom the entitlement was transferred; or
(B) in the case of entitlement transferred to a child under this section, the child is entitled to educational assistance under this chapter in the same manner as the individual from whom the entitlement was transferred as if the individual were not on active duty.
(3) **Rate of payment.—** — The monthly rate of educational assistance payable to a dependent to whom entitlement referred to in paragraph (2) is transferred under this section shall be payable—
(A) in the case of a spouse, at the same rate as such entitlement would otherwise be payable under this chapter to the individual making the transfer; or
(B) in the case of a child, at the same rate as such entitlement would otherwise be payable under this chapter to the individual making the transfer as if the individual were not on active duty.
(4) **Death of transferor.—**
(A) *In general.—* — The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred.
(B) *Death prior to transfer to designated transferees.—*
(i) In the case of an eligible individual whom the Secretary has approved to transfer the individual’s entitlement under this section who, at the time of death, is entitled to educational assistance under this chapter and has designated a transferee or transferees under subsection (e) but has not transferred all of such entitlement to such transferee or transferees, the Secretary shall transfer the entitlement of the individual under this section by evenly distributing the amount of such entitlement between all such transferees who would not be precluded from using some or all of the transferred benefits due to the expiration of time limitations found in paragraph (5) of this subsection or [section 3321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3321&num=0&edition=prelim), notwithstanding the limitations under subsection (f).
(ii) If a transferee cannot use all of the transferred benefits under clause (i) because of expiration of a time limitation, the unused benefits will be distributed among the other designated transferees who would not be precluded from using some or all of the transferred benefits due to expiration of time limitations found in paragraph (5) of this subsection or [section 3321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3321&num=0&edition=prelim), unless or until there are no transferees who would not be precluded from using the transferred benefits because of expiration of a time limitation.
(5) **Limitation on age of use by child transferees.—**
(A) *In general.—* — A child to whom entitlement is transferred under this section may use the benefits transferred without regard to the 15-year delimiting date specified in section 3321, but may not, except as provided in subparagraph (B) or (C), use any benefits so transferred after attaining the age of 26 years.
(B) *Primary caregivers of seriously injured members of the armed forces and veterans.—*
(i) *In general.—* — Subject to clause (ii), in the case of a child who, before attaining the age of 26 years, is prevented from pursuing a chosen program of education by reason of acting as the primary provider of personal care services for a veteran or member of the Armed Forces under section 1720G(a), the child may use the benefits beginning on the date specified in clause (iii) for a period whose length is specified in clause (iv).
(ii) *Inapplicability for revocation.—* — Clause (i) shall not apply with respect to the period of an individual as a primary provider of personal care services if the period concludes with the revocation of the individual’s designation as such a primary provider under section 1720G(a)(7)(D).
(iii) *Date for commencement of use.—* — The date specified in this clause for the beginning of the use of benefits by a child under clause (i) is the later of—
(I) the date on which the child ceases acting as the primary provider of personal care services for the veteran or member concerned as described in clause (i);
(II) the date on which it is reasonably feasible, as determined under regulations prescribed by the Secretary, for the child to initiate or resume the use of benefits; or
(III) the date on which the child attains the age of 26 years.
(iv) *Length of use.—* — The length of the period specified in this clause for the use of benefits by a child under clause (i) is the length equal to the length of the period that—
(I) begins on the date on which the child begins acting as the primary provider of personal care services for the veteran or member concerned as described in clause (i); and
(II) ends on the later of—
(aa) the date on which the child ceases acting as the primary provider of personal care services for the veteran or member as described in clause (i); or
(bb) the date on which it is reasonably feasible, as so determined, for the child to initiate or resume the use of benefits.
(C) *Emergency situations.—* — In any case in which the Secretary determines that an individual to whom entitlement is transferred under this section has been prevented from pursuing the individual’s chosen program of education before the individual attains the age of 26 years because the educational institution or training establishment closed (temporarily or permanently) under an established policy based on an Executive order of the President or due to an emergency situation, the Secretary shall extend the period during which the individual may use such entitlement for a period equal to the number of months that the individual was so prevented from pursuing the program of education, as determined by the Secretary.
(6) **Scope of use by transferees.—** — The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate).
(7) **Additional administrative provisions.—** — The administrative provisions of this chapter shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible individual for purposes of such provisions.
**(i) Overpayment.—**
(1) **Joint and several liability.—** — Subject to paragraph (2), in the event of an overpayment of educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of [section 3685 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3685&num=0&edition=prelim).
(2) **Failure to complete service agreement.—**
(A) *Sole liability.—* — Except as provided in subparagraph (B), if an individual transferring entitlement under this section fails to complete the service agreed to by the individual under subsection (b)(1) in accordance with the terms of the agreement of the individual under that subsection, the amount of any transferred entitlement under this section that is used by a dependent of the individual as of the date of such failure shall be treated as an overpayment of educational assistance for which the individual shall be solely liable to the United States for the amount of the overpayment for purposes of [section 3685 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3685&num=0&edition=prelim).
(B) *Exception.—* — Neither the individual nor the dependent shall be liable to the United States for the amount of the overpayment for purposes of [section 3685 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3685&num=0&edition=prelim) in the case of an individual who fails to complete service agreed to by the individual—
(i) by reason of the death of the individual; or
(ii) for a reason referred to in [section 3311(c)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3311/c/4&num=0&edition=prelim).
**(j) Regulations.—**
(1) The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall prescribe regulations for purposes of this section.
(2) Such regulations shall specify—
(A) the manner of authorizing the transfer of entitlements under this section;
(B) the eligibility criteria in accordance with subsection (b); and
(C) the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2).
(3) The Secretary of Defense may not prescribe any regulation that would provide for a limitation on eligibility to transfer unused education benefits to family members based on a maximum number of years of service in the Armed Forces.
**(k) Additional Transfer Upon Death of Dependent.—** In the case of a dependent to whom entitlement to educational assistance is transferred under this section who dies before using all of such entitlement, the individual who transferred the entitlement to the dependent may transfer any remaining entitlement to a different eligible dependent, notwithstanding whether the individual is serving as a member of the Armed Forces when such transfer is executed.
**(l) Transfer by Dependent.—** In the case of an individual who transfers entitlement to educational assistance under this section who dies before the dependent to whom entitlement to educational assistance is so transferred has used all of such entitlement, such dependent may transfer such entitlement to another eligible dependent in accordance with the provisions of this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsections (b) through (g) and subsection (i), and subject to subsection (h), of this section, the period during which an individual entitled to educational assistance under this chapter may use such individual’s entitlement expires at the end of the 10-year period beginning on the date of such individual’s last discharge or release from active duty, except that such 10-year period shall begin—
(1) in the case of an individual who becomes entitled to such assistance under clause (A) or (B) of [section 3012(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3012/a/1&num=0&edition=prelim), on the later of the date of such individual’s last discharge or release from active duty or the date on which the four-year requirement described in clause (A)(ii) or (B)(ii), respectively, of such section 3012(a)(1) is met;
(2) in the case of an individual who becomes entitled to such assistance under section 3011(a)(1)(B), on the later of the date of such individual’s last discharge or release from active duty or January 1, 1990; and
(3) in the case of an individual who becomes entitled to such assistance under section 3011(a)(1)(C) or 3012(a)(1)(C) of this title, on December 27, 2001.
**(b)** In the case of any eligible individual who has been prevented, as determined by the Secretary, from pursuing a program of education under this chapter within the 10-year period prescribed by subsection (a) of this section because such individual had not met the nature of discharge requirement of this chapter before the nature of such individual’s discharge or release was changed by appropriate authority, such 10-year period shall not run during the period of time that such individual was so prevented from pursuing s
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility.—** On or after September 11, 2001, a member of a reserve component is entitled to educational assistance under this chapter if the member—
(1) served on active duty in support of a contingency operation for 90 consecutive days or more; or
(2) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performed full time National Guard duty under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) for 90 consecutive days or more when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.
**(b) Disabled Members.—** Notwithstanding the eligibility requirements in subsection (a), a member who was ordered to active service as prescribed under subsection (a)(1) or (a)(2) but is released from duty before completing 90 consecutive days because of an injury, illness or disease incurred or aggravated in the line of duty shall be entitled to educational assistance under this chapter at the rate prescribed in [section 16162(c)(4)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16162/c/4/A&num=0&edition=prelim).
**(c) Written Notification.—**
(1) Each member who becomes entitled to educational assistance under subsection (a) shall be given a statement in writing prior to release from active service that summarizes the provisions of this chapter and stating clearly and prominently the substance of [section 16165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16165&num=0&edition=prelim) as such section may apply to the member.
(2
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in this section, the period during which an individual entitled to educational assistance under this chapter may use such individual’s entitlement—
(1) in the case of an individual whose last discharge or release from active duty is before January 1, 2013, expires at the end of the 15-year period beginning on the date of such discharge or release; or
(2) in the case of an individual whose last discharge or release from active duty is on or after January 1, 2013, shall not expire.
**(b) Exceptions.—**
(1) **Applicability of section 3031 to running of period.—**
(A) Subsections (b), (c), (d), and (i) of section 3031 shall apply with respect to the running of the 15-year period described in subsection (a) of this section in the same manner as such subsections apply under section 3031 with respect to the running of the 10-year period described in section 3031(a).
(B) Subsection (i) of section 3031 shall apply with respect to the running of the 15-year period described in paragraphs (4)(A) and (5)(A) of this subsection in the same manner as such subsection applies under [section 3031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3031&num=0&edition=prelim) with respect to the running of the 10-year period described in [section 3031(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3031/a&num=0&edition=prelim).
(2) **Applicability of section 3031 to termination.—** — Section 3031(f) shall apply with respect to the termination of an individual’s entitlement to educational assistance under this chapter in the same manner as such section applies to the termination of an individual’s entitlement to educational assistance under chapter 30, exce
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the Secretary finds that an overpayment has been made to a veteran or eligible person relating to educational assistance under a law administered by the Secretary, the amount of such overpayment shall constitute a liability of such veteran or eligible person to the United States.
**(b)** Any overpayment to a veteran or eligible person with respect to pursuit by the veteran or eligible person of a program of education at an educational institution shall constitute a liability of the educational institution to the United States if—
(1) the Secretary finds that the overpayment has been made as the result of—
(A) the willful or negligent failure of an educational institution to report, as required under this chapter or chapter 34 or 35 of this title, to the Department of Veterans Affairs excessive absences from a course, or discontinuance or interruption of a course by the veteran or eligible person; or
(B) the willful or negligent false certification by an educational institution; or
(2) the benefit payment sent to an educational institution on behalf of an eligible veteran or person is made pursuant to—
(A) [section 3313(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3313/h&num=0&edition=prelim);
(B) [section 3317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3317&num=0&edition=prelim); or
(C) [section 3680(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3680/d&num=0&edition=prelim); or
(D) [section 3320(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3320/d&num=0&edition=prelim).
**(c)** Any overpayment referred to in subsection (a) or (b) of this sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3685
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to the limitation under subsection (f), the Secretary shall provide additional benefits to eligible individuals selected by the Secretary under this section. Such benefits shall be known as the “Edith Nourse Rogers STEM Scholarship”.
**(b) Eligibility.—** For purposes of this section, an eligible individual is an individual—
(1) who is or was entitled to educational assistance under [section 3311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3311&num=0&edition=prelim);
(2) who has used all of the educational assistance to which the individual is entitled under this chapter or will, based on the individual’s rate of usage, use all of such assistance within 180 days of applying for benefits under this section;
(3) who applies for assistance under this section; and
(4) who—
(A) is an individual who—
(i) is enrolled in a program of education leading to a post-secondary degree that, in accordance with the guidelines of the applicable regional or national accrediting agency, requires at least the standard 120 semester (or 180 quarter) credit hours for completion in a standard, undergraduate college degree, or a dual degree program that includes such an undergraduate college degree, in—
(I) biological or biomedical science;
(II) physical science;
(III) science technologies or technicians;
(IV) computer and information science and support services;
(V) mathematics or statistics;
(VI) engineering;
(VII) engineering technologies or an engineering-related field;
(VIII) a health profession or related program;
(IX) an agriculture science program or a natural resources science program; or
(X) other subjects and fields identified
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3320
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided by paragraph (2), any course approved for the purposes of this chapter which fails to meet any of the requirements of this chapter (including failure to comply with a risk-based survey under this chapter or secure an affirmation of approval by the appropriate State approving agency following the survey) shall be immediately disapproved by the Secretary or the appropriate State approving agency. An educational institution which has its courses disapproved by the Secretary or a State approving agency will be notified of such disapproval by a certified or registered letter of notification and a return receipt secured.
(2) In the case of a course of education that would be subject to disapproval under paragraph (1) solely for the reason that the Secretary of Education withdraws the recognition of the accrediting agency that accredited the course, the Secretary of Veterans Affairs, in consultation with the Secretary of Education, and notwithstanding the withdrawal, may continue to treat the course as an approved course of education under this chapter for a period not to exceed 18 months from the date of the withdrawal of recognition of the accrediting agency, unless the Secretary of Veterans Affairs or the appropriate State approving agency determines that there is evidence to support the disapproval of the course under this chapter. The Secretary shall provide to any veteran enrolled in such a course of education notice of the status of the course of education.
(3) In this section, the term “risk-based survey” means a risk-based survey developed under [section 3673A(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3673A/a&num=0&edition=prelim).
**(b)** Each State approving agency shall notify th
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3679
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Federal law — U.S. Code and appendices · legal_authorities
Page 739
TITLE 38—VETERANS’ BENEFITS
§ 3319
section 105 of Pub. L. 115–48 [amendments effective Aug.
1, 2020] and applicable with respect to a quarter, semes-
ter, or term, commencing on or after Aug. 1, 2021, see
section 1002(c) of Pub. L. 116–315, set out as a note under
section 3311 of this title.
EFFECTIVE DATE OF 2017 AMENDMENT
Pub. L. 115–48, title I, § 103(b), Aug. 16, 2017, 131 Stat.
975, provided that: ‘‘The amendment made by sub-
section (a) [amending this section] shall take effect on
August 1, 2018.’’
Pub. L. 115–48, title I, § 104(b), Aug. 16, 2017, 131 Stat.
975, provided that: ‘‘The amendment made by sub-
section (a) [amending this section] shall take effect on
August 1, 2022.’’
Amendment by section 105(c)(4) of Pub. L. 115–48 ef-
fective Aug. 1, 2020, see section 105(d) of Pub. L. 115–48,
set out as a note under section 3311 of this title.
EFFECTIVE DATE
Section effective Aug. 1, 2009, see section 5003(d) of
Pub. L. 110–252, set out as an Effective Date of 2008
Amendment note under section 16163 of Title 10, Armed
Forces.
PAT TILLMAN VETERANS’ SCHOLARSHIP INITIATIVE
Pub. L. 111–275, title I, § 107, Oct. 13, 2010, 124 Stat.
2872, provided that:
‘‘(a) AVAILABILITY OF SCHOLARSHIP INFORMATION.—By
not later than June 1, 2011, the Secretary of Veterans
Affairs shall include on the Internet website of the De-
partment of Veterans Affairs a list of organizations
that provide scholarships to veterans and their sur-
vivors and, for each such organization, a link to the
Internet website of the organization.
‘‘(b) MAINTENANCE
OF SCHOLARSHIP INFORMATION.—
The Secretary of Veterans Affairs shall make reason-
able efforts to notify schools and other appropriate en-
tities of the opportunity to be included on the Internet
website of the Departme
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3319
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