38 U.S.C. § 3601 — Definition of emergency situation

Page 804 TITLE 38—VETERANS’ BENEFITS § 3601 items 3673A, 3696, and 3699B and struck out former item 3696 ‘‘Limitation on certain advertising, sales, and en- rollment practices’’. 2017—Pub. L. 115–48, title I, § 109(a)(2), title III, §§ 307(b), 308(b), Aug. 16, 2017, 131 Stat. 980, 993, 994, added items 3697B, 3699, and 3699A. 2013—Pub. L. 112–249, § 1(a)(2), Jan. 10, 2013, 126 Stat. 2400, added item 3698. 2008—Pub. L. 110–389, title III, § 326(a)(2)(B), Oct. 10, 2008, 122 Stat. 4169, substituted ‘‘Approval activities: co- operation and coordination of activities’’ for ‘‘Coopera- tion’’ in item 3673. Pub. L. 110–387, title IX, § 901(a)(3), Oct. 10, 2008, 122 Stat. 4142, substituted ‘‘Procedures relating to com- puter matching program’’ for ‘‘Procedures relating to computer matching programs’’ in item 3684A. 2003—Pub. L. 108–183, title III, § 306(g), Dec. 16, 2003, 117 Stat. 2661, struck out subchapter III heading ‘‘EDU- CATION LOANS’’ and items 3698 ‘‘Eligibility for loans; amount and conditions of loans; interest rate on loans’’ and 3699 ‘‘Revolving fund; insurance’’. 2000—Pub. L. 106–419, title I, § 122(c)(2), Nov. 1, 2000, 114 Stat. 1837, added item 3689. 1996—Pub. L. 104–275, title I, § 103(a)(1)(B), Oct. 9, 1996, 110 Stat. 3326, struck out item 3689 ‘‘Period of operation for approval’’. 1992—Pub. L. 102–568, title III, § 313(a)(8), Oct. 29, 1992, 106 Stat. 4333, added item 3680A. 1991—Pub. L. 102–83, § 5(b)(1), Aug. 6, 1991, 105 Stat. 406, renumbered items 1770 to 1799 as 3670 to 3699, respec- tively. Pub. L. 102–16, § 2(b)(4), Mar. 22, 1991, 105 Stat. 49, added item 1797A. 1990—Pub. L. 101–366, title II, § 206(c), Aug. 15, 1990, 104 Stat. 442, added item 1784A. 1988—Pub. L. 100–689, title I, § 124(c)(3), Nov. 18, 1988, 102 Stat. 4175, substituted in heading for subchapter III ‘‘EDUCATION LOANS’’ for ‘‘EDUCATION LOANS TO ELIGIBLE VETERANS AND ELIGIBLE PERSONS’’. Pub. L. 100–687, div. B, title XIII, § 1302(b), Nov. 18, 1988, 102 Stat. 4128, added item 1797. Pub. L. 100–323, § 13(b)(1)(B), May 20, 1988, 102 Stat. 573, added item 1774A. 1982—Pub. L. 97–295, § 4(48), Oct. 12, 1982, 96 Stat. 1308, substituted ‘‘Payment of educational assistance or sub- sistence allowances’’ for ‘‘Payment of educational or subsistence assistance allowances’’ in item 1780. 1980—Pub. L. 96–466, title III, § 343(b)(2), Oct. 17, 1980, 94 Stat. 2199, substituted ‘‘Reports by veterans, eligible persons, and institutions’’ for ‘‘Reports by institu- tions’’ in item 1784. 1976—Pub. L. 94–502, title V, § 511(2), Oct. 15, 1976, 90 Stat. 2402, substituted ‘‘Compliance surveys’’ for ‘‘In- stitutions listed by Attorney General’’ in item 1793. 1974—Pub. L. 93–508, title II, § 212(b), title III, § 301(b), Dec. 3, 1974, 88 Stat. 1586, 1591, added subchapter III heading and items 1796, 1798, and 1799. 1972—Pub. L. 92–540, title IV, § 406, Oct. 24, 1972, 86 Stat. 1091, redesignated items 1788 to 1791 as 1792 to 1795, added items 1780 and 1788 to 1791, and substituted in item 1786 ‘‘Correspondence courses’’ for ‘‘Examina- tion of records’’ and in item 1787 ‘‘Apprenticeship or other on-job training’’ for ‘‘False or misleading state- ments’’. 1970—Pub. L. 91–219, title II, § 213(2), Mar. 26, 1970, 84 Stat. 84, substituted ‘‘Limitations on educational as- sistance’’ for ‘‘Nonduplication of benefits’’ as item 1781. 1968—Pub. L. 90–631, § 1(d)(2), Oct. 23, 1968, 82 Stat. 1331, added item 1791. 1967—Pub. L. 90–77, title III, §§ 304(e), 308(b), Aug. 31, 1967, 81 Stat. 188, 189, added item 1777 and renumbered former items 1777 and 1778 as 1778 and 1779, respectively, and provided for the reporting fee in item 1784. 1966—Pub. L. 89–358, § 3(a)(4), Mar. 3, 1966, 80 Stat. 20, substituted ‘‘CHAPTER 36—ADMINISTRATION OF EDUCATIONAL BENEFITS’’ heading, including Sub- chapter I and II analyses, preceding section 1770 of this title for ‘‘SUBCHAPTER VII—STATE APPROVING AGENCIES’’ heading preceding section 1771 of this title, Subchapter VII heading being redesignated Sub- chapter I. SUBCHAPTER I—EMERGENCY SITUATIONS Editorial Notes PRIOR PROVISIONS A prior subchapter I of this chapter was redesignated as subchapter II of this chapter by Pub. L. 117–333, § 2(a)(1), Jan. 5, 2023, 136 Stat. 6122. § 3601. Definition of emergency situation In this chapter, the term ‘‘emergency situa- tion’’ means a situation that— (1) the President declares is an emergency; and (2) the Secretary determines is an emer- gency for purposes of the laws administered by the Secretary. (Added Pub. L. 117–333, § 2(a)(2), Jan. 5, 2023, 136 Stat. 6122.) § 3602. Continuation of educational assistance benefits during emergency situations (a) AUTHORITY.—(1) If the Secretary deter- mines under subsection (c) that an individual is negatively affected by an emergency situation, the Secretary may provide educational assist- ance to that individual under the laws adminis- tered by the Secretary as if such negative ef- fects did not occur. (2) The authority under this section is in addi- tion to the other authorities of the Secretary to provide benefits in emergency situations, but in no case may the Secretary provide more than a total of four weeks of additional educational as- sistance by reason of any other such authority 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 sti- pend under chapter 33 of this title, during a month the individual would have been enrolled in a program of education or training but for the emergency situation at the same rate such stipend would have been payable if the indi- vidual had not been negatively affected by the emergency situation, except that the total number of weeks for which stipends may con- tinue 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 this title and chapter 1606 of title 10 during a month for a period of time that the indi- vidual would have been enrolled in a program of education or training but for the emergency situation, 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 indi- vidual was negatively affected by an emergency situation if— (1) the individual is enrolled in a covered program of education of an educational insti- tution or enrolled in training at a training es- tablishment and is pursuing such program or training using educational assistance under the laws administered by the Secretary;