Browse Arkansas Code titles and sections

38 U.S.C. § 3312 — Educational assistance: duration

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3312 — Educational assistance: duration

**(a) In General.—** Subject to section 3695 and except as provided in subsections (b) and (c), an individual entitled to educational assistance under this chapter is entitled to a number of months of educational assistance under section 3313 equal to 36 months. **(b) Continuing Receipt.—** The receipt of educational assistance under section 3313 by an individual entitled to educational assistance under this chapter is subject to the provisions of section 3321(b)(2). **(c) Discontinuation of Education for Active Duty.—** (1) **In general.—** — Any payment of educational assistance described in paragraph (2) shall not— (A) be charged against any entitlement to educational assistance of the individual concerned under this chapter; or (B) be counted against the aggregate period for which section 3695 limits the individual’s receipt of educational assistance under this chapter. (2) **Description of payment of educational assistance.—** — Subject to paragraph (3), the payment of educational assistance described in this paragraph is the payment of such assistance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual— (A) (i) in the case of an individual not serving on active duty, had to discontinue such course pursuit as a result of being called or ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; or (ii) in the case of an individual serving on active duty, had to discontinue such course pursuit as a result of being ordered to a new duty location or assignment or to perform an increased amount of work; and (B) failed to receive credit or lost training time toward completion of the individual’s approved education, professional, or v

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3312

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: d58e43dd10bf194ccae5cdab53c876c5cc82492fb29a02ff4f908813125ef0fd. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_f7fa0af433775105393db894
Source file: Laws/federal/codes/united-states-code/title-38/section-3312-educational-assistance-duration--a2ef7bb6f1.md
Pages: Not recorded – Not recorded
Passage SHA-256: 23652dbe78b03aad21ef6304c1d9e2653bf079b40955280070aafffe933053d1

Source location: Title 38, Chapter 33, § 3312; chapter-033-post-9-11-educational-assistance.md

Stored source content

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16163 — Eligibility for educational assistance

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 16163

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3695 — Limitation on period of assistance under two or more programs

**(a)** The aggregate period for which any person may receive assistance under two or more of the provisions of law listed below may not exceed 48 months (or the part-time equivalent thereof): (1) Parts VII or VIII, Veterans Regulation numbered 1(a), as amended. (2) Title II of the Veterans’ Readjustment Assistance Act of 1952. (3) The War Orphans’ Educational Assistance Act of 1956. (4) Chapters 30, 32, 33, 34, and 36. (5) Chapters 107, 1606, 1607, and 1611 of title 10. (6) Section 903 of the Department of Defense Authorization Act, 1981 (Public Law 96–342, [10 U.S.C. 2141](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2141&num=0&edition=prelim) note). (7) The Hostage Relief Act of 1980 (Public Law 96–449, [5 U.S.C. 5561](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561&num=0&edition=prelim) note). (8) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99–399). **(b)** No person may receive assistance under chapter 31 of this title in combination with assistance under any of the provisions of law cited in subsection (a) of this section in excess of 48 months (or the part-time equivalent thereof) unless the Secretary determines that additional months of benefits under chapter 31 of this title are necessary to accomplish the purposes of a rehabilitation program (as defined in [section 3101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3101&num=0&edition=prelim)) in the individual case. **(c)** The aggregate period for which any person may receive assistance under chapter 35 of this title, on the one hand, and any of the provisions of law referred to in subsection (a), on the other hand, may not exceed 81 months (or the part-time equiv

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3695

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3313 — Educational assistance: amount; payment

**(a) Payment.—** The Secretary shall pay to each individual entitled to educational assistance under this chapter who is pursuing an approved program of education (other than a program covered by subsections (e) and (f)) the amounts specified in subsection (c) to meet the expenses of such individual’s subsistence, tuition, fees, and other educational costs for pursuit of such program of education. **(b) Approved Programs of Education.—** A program of education is an approved program of education for purposes of this chapter if the program of education is approved for purposes of chapter 30 (including approval by the State approving agency concerned). **(c) Programs of Education Leading to a Degree Pursued at Institutions of Higher Learning on More Than Half-time Basis.—** The amounts payable under this subsection for pursuit of an approved program of education leading to a degree at an institution of higher learning (as that term is defined in section 3452(f)) are amounts as follows: (1) In the case of an individual entitled to educational assistance under this chapter by reason of paragraph (1), (2), (8), (9), (10), or (11) of section 3311(b), amounts as follows: (A) An amount equal to the following: (i) In the case of a program of education pursued at a public institution of higher learning, the actual net cost for in-State tuition and fees assessed by the institution for the program of education after the application of— (I) any waiver of, or reduction in, tuition and fees; and (II) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 ([20 U.S.C. 1070a(b)](https://uscode.house.gov/view.xhtml?req=granuleid:

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3313

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3321 — Time limitation for use of and eligibility for entitlement

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3321

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5712 — Validity of affidavits

Any such oath, affirmation, affidavit, or examination, when certified under the hand of any such employee by whom it was administered or taken and authenticated by the seal of the Department, may be offered or used in any court of the United States and without further proof of the identity or authority of such employee shall have like force and effect as if administered or taken before a clerk of such court.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5712

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3312 — Educational assistance: duration

Page 726 TITLE 38—VETERANS’ BENEFITS § 3312 special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–48, title I, § 102(c), Aug. 16, 2017, 131 Stat. 975, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 3313 of this title] shall take effect on August 1, 2018.’’ Pub. L. 115–48, title I, § 105(d), Aug. 16, 2017, 131 Stat. 977, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 3313, 3316, 3317, 3321, 3322, and 3679 of this title] shall take effect on Au- gust 1, 2020.’’ EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–146, title VII, § 701(d), Aug. 7, 2014, 128 Stat. 1796, as amended by Pub. L. 114–315, title IV, § 401(a), Dec. 16, 2016, 130 Stat. 1553, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending this section and section 3321 of this title] shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after January 1, 2015. ‘‘(2) DEATHS THAT OCCURRED BETWEEN SEPTEMBER 11, 2001, AND DECEMBER 31, 2005.—For purposes of section 3311(f)(2) of title 38, United States Code, any member of the Armed Forces who died during the period beginning on September 11, 2001, and ending on December 31, 2005, is deemed to have died on January 1, 2006.’’ EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–377, title I, § 101(d)(4), (5), Jan. 4, 2011, 124 Stat. 4108, provided that: ‘‘(4) HONORABLE SERVICE REQUIREMENT.—The amend- ment made by subsection (b) [amending this section] shall take effect on the date of the enactment of this Act [Jan. 4, 2011], and shall apply with respect to dis- charges and rele

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3312

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.