38 U.S. Code § 3501 - Definitions

Pub. L. 117–328, div. U, title II, § 215, Dec. 29, 2022, 136 Stat. 5455, provided that effective on August 1, 2026, subsection (a)(6) of this section is amended:

(1) by striking “secondary school,”; and

(2) by striking “secondary school level” and inserting “postsecondary school level”.

See 2022 Amendment note below.

The National Apprenticeship Act, referred to in subsec. (a)(9), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, which is classified generally to chapter 4C (§ 50 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 50 of Title 29 and Tables.

Prior sections 3501 to 3505 were renumbered sections 6101 to 6105 of this title, respectively.

2022—Subsec. (a)(6). Pub. L. 117–328 struck out “secondary school,” after “ private” and substituted “postsecondary school level” for “secondary school level”.

2021—Subsec. (a)(1)(E)(ii), (12). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

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(a)(1), (8), substituted “means any of the following:” for “means—” in introductory provisions and struck out concluding provisions, which read as follows: “arising out of active military, naval, or air service after the beginning of the Spanish-American War, but only if such service did not terminate under dishonorable conditions. The standards and criteria for determining whether or not a disability arising out of such service is service connected shall be those applicable under chapter 11 of this title.”

Pub. L. 109–444, § 3(a)(1), (8), which substituted “means any of the following:” for “means—” in introductory provisions and struck out concluding provisions, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (a)(1)(A). Pub. L. 109–461, § 301(a)(2), (3), substituted “A child of a person who, as a result of qualifying service” for “a child of a person who” in introductory provisions substituted “; or” for a comma in cl. (i) and a period for “, or” in cl. (ii), and struck out cl. (iii) which read as follows: “at the time of application for benefits under this chapter is a member of the Armed Forces serving on active duty listed, pursuant to section 556 of title 37 and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (A) missing in action, (B) captured in line of duty by a hostile force, or (C) forcibly detained or interned in line of duty by a foreign government or power.”

Pub. L. 109–444, § 3(a)(2), (3), which substituted “A child of a person who, as a result of qualifying service” for “a child of a person who” in introductory provisions substituted “; or” for a comma in cl. (i) and a period for “, or” in cl. (ii), and struck out cl. (iii), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (a)(1)(B). Pub. L. 109–461, § 301(a)(2), (4), substituted “The surviving spouse of any person who died of a service-connected disability sustained during a period of qualifying service.” for “the surviving spouse of any person who died of a service-connected disability,”.

Pub. L. 109–444, § 3(a)(2), (4), which substituted “The surviving spouse of any person who died of a service-connected disability sustained during a period of qualifying service.” for “the surviving spouse of any person who died of a service-connected disability,”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (a)(1)(C). Pub. L. 109–461, § 301(a)(2), (5), substituted “The spouse or child” for “the spouse” and a period at end for “, or”.

Pub. L. 109–444, § 3(a)(2), (5), which substituted “The spouse or child” for “the spouse” and a period at end for “, or”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (a)(1)(D). Pub. L. 109–461, § 301(a)(2), (6), substituted “The spouse” for “the spouse”, inserted “sustained during a period of qualifying service” before comma in cl. (i), and substituted period for comma at end of cl. (ii).

Pub. L. 109–444, § 3(a)(2), (6), which substituted “The spouse” for “the spouse”, inserted “sustained during a period of qualifying service” before comma in cl. (i), and substituted period for comma at end of cl. (ii), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (a)(1)(E). Pub. L. 109–461, § 301(a)(7), added subpar. (E).

Pub. L. 109–444, § 3(a)(7), which added subpar. (E) identical to that added by Pub. L. 109–461, § 301(a)(7), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (a)(12). Pub. L. 109–461, § 301(b)(1), added par. (12).

Pub. L. 109–444, § 3(b)(1), which added par. (12) identical to that added by Pub. L. 109–461, § 301(b)(1), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

2004—Subsec. (a)(5). Pub. L. 108–454 inserted at end “Such term also includes national tests for admission to institutions of higher learning or graduate schools (such as the Scholastic Aptitude Test (SAT), Law School Admission Test (LSAT), Graduate Record Exam (GRE), and Graduate Management Admission Test (GMAT)) and national tests providing an opportunity for course credit at institutions of higher learning (such as the Advanced Placement (AP) exam and College-Level Examination Program (CLEP)).”

2001—Subsec. (a)(1)(D). Pub. L. 107–103, § 108(a), inserted cl. (i) designation after “(D)” and cl. (ii) designation after “or”.

Subsec. (a)(6). Pub. L. 107–103, § 110(a), inserted at end “Such term also includes any private entity (that meets such requirements as the Secretary may establish) that offers, either directly or under an agreement with another entity (that meets such requirements), a course or courses to fulfill requirements for the attainment of a license or certificate generally recognized as necessary to obtain, maintain, or advance in employment in a profession or vocation in a high technology occupation (as determined by the Secretary).”

2000—Subsec. (a)(5). Pub. L. 106–419, § 122(a), inserted at end “Such term also includes licensing or certification tests, the successful completion of which demonstrates an individual’s possession of the knowledge or skill required to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession, provided such tests and the licensing or credentialing organizations or entities that offer such tests are approved by the Secretary in accordance with section 3689 of this title.”

Pub. L. 106–419, § 114(a), inserted at end “Such term also includes any preparatory course described in section 3002(3)(B) of this title.”

1996—Subsec. (a)(3)(C). Pub. L. 104–106 substituted “section 12103(d) of title 10” for “section 511(d) of title 10”.

1991—Pub. L. 102–83, § 5(a), renumbered section 1701 of this title as this section.

Subsec. (a)(3). Pub. L. 102–83, § 5(c)(1), substituted “3512” for “1712”.

Subsec. (a)(4). Pub. L. 102–40 substituted “5502” for “3202”.

Subsec. (a)(11). Pub. L. 102–83, § 5(c)(1), substituted “3675” for “1775”.

1989—Subsecs. (a)(4), (c). Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

1983—Subsec. (a)(1)(A)(iii), (C). Pub. L. 98–160, § 702(12)(A), struck out “, United States Code,” after “title 37” and inserted a comma after “regulations issued thereunder”.

Subsec. (a)(9). Pub. L. 98–160, § 702(12)(B), substituted “the Act of August 16, 1937, popularly known as the ‘National Apprenticeship Act’ (29 U.S.C. 50 et seq.)” for “chapter 4C of title 29”.

1980—Subsec. (a). Pub. L. 96–466, § 801(c)(1), inserted “and chapter 36 of this title” after “chapter” in introductory text.

Subsec. (a)(9). Pub. L. 96–466, § 801(c)(2), substituted “The” for “For the purposes of this chapter and chapter 36 of this title, the”.

Subsec. (a)(10). Pub. L. 96–466, §§ 327(a), 801(c)(2), substituted “The” for “For the purposes of this chapter and chapter 36 of this title, the” and inserted provision including within the term “institution of higher learning” an educational institution which is not located in a State, which offers a course leading to a standard college degree, or the equivalent, and which is recognized as such by the secretary of education (or comparable official) of the country or other jurisdiction in which the institution is located.

Subsec. (a)(11). Pub. L. 96–466, § 801(c)(2), (3), substituted “The” for “For the purposes of this chapter and chapter 36 of this title, the” and “Secretary of Education” for “Commissioner of Education”.

1976—Subsec. (a)(1). Pub. L. 94–502, § 310(2), substituted “surviving spouse” for “widow” and “spouse” for “wife” in two places.

Subsec. (a)(10), (11). Pub. L. 94–502, § 302, added pars. (10), (11).

Subsec. (b). Pub. L. 94–502, § 310(3), substituted “the person’s” for “his” and “the eligible person” for “the eligible person himself”.

Subsec. (c). Pub. L. 94–502, § 310(4), substituted “such person’s” for “his” and “be the eligible person” for “be the eligible person himself” in the parenthetical phrase.

Subsec. (d). Pub. L. 94–502, § 310(5), substituted “such person” for “he” in three places.

1974—Subsec. (a)(4). Pub. L. 93–295 substituted “any other person who has been appointed by the Administrator under section 3202 of this title to receive payment of benefits for the use and benefit of the eligible person” for “any person who is determined by the Administrator in accordance with section 3202 of this title to be otherwise legally vested with the care of the eligible person”.

1972—Subsec. (a)(6). Pub. L. 92–540, § 309(1), inserted reference to correspondence school within the definition of “educational institution”.

Subsec. (a)(9). Pub. L. 92–540, § 309(2), added par. (9).

1970—Subsec. (a)(1)(A). Pub. L. 91–584, § 1(3), added cl. (iii).

Subsec. (a)(1)(C), (D). Pub. L. 91–584, § 1(5), (6), added subpar. (C) and redesignated former subpar. (C) as (D).

1969—Subsec. (a)(2). Pub. L. 91–24 substituted “the age of twenty-three years” for “the age of twenty-one years”.

1968—Subsec. (a)(1). Pub. L. 90–631, § 2(b), extended the definition of “eligible person” to include the widow of any person who died of a service-connected disability, or the wife of any person who has a total disability permanent in nature resulting from a service-connected disability, or the widow of a veteran who died while a disability so evaluated was in existence.

Subsec. (d). Pub. L. 90–631, § 2(c), substituted provisions requiring that any eligible person seeking educational assistance under this chapter to have been discharged or released after each period he was on duty with the armed forces under conditions other than dishonorable, or while he is on duty with the armed forces, for provisions setting forth the purposes of educational assistance programs established under this chapter.

1966—Subsec. (a)(1). Pub. L. 89–358, § 4(j)(3), struck out “and prior to the end of the induction period” after “Spanish-American War”.

Subsec. (a)(3)(C). Pub. L. 89–358, § 4(j)(1), substituted “section 511(d) of title 10” for “section 1013(c)(1) of title 50”.

Subsec. (a)(8) to (10). Pub. L. 89–358, § 4(j)(2), struck out par. (8) including the Canal Zone in the term “State” (now incorporated in section 101(20) of this title) and par. (9) defining “induction period” and redesignated par. (10) as (8).

Subsec. (d). Pub. L. 89–358, § 4(j)(3), struck out “and prior to the end of the induction period” after “Spanish-American War”.

1965—Subsec. (a)(1). Pub. L. 89–349, § 1(a), (b), generally amended par. (1) and, among other changes, substituted “after the beginning of the Spanish-American War and prior to the end of the induction period” for “during the Spanish-American War, World War I, World War II, the Korean conflict, or the induction period” in first sentence.

Pub. L. 89–222 substituted “such service” the second time it appears for “service during the Spanish-American War, World War I, World War II, or the Korean conflict” and struck out provisions which prescribed the applicable standards and criteria for determining whether or not a disability arising out of service during the induction period is service-connected.

Subsec. (a)(9). Pub. L. 89–349, § 1(c), struck out provisions which included the period beginning Sept. 16, 1940, and ending Dec. 6, 1941, and the period beginning Jan. 1, 1947, and ending June 26, 1950, within the term “induction period”.

Subsec. (d). Pub. L. 89–349, § 1(d), substituted “after the beginning of the Spanish-American War and prior to the end of the induction period” for “during the Spanish-American War, World War I, World War II, the Korean conflict, or the induction period”.

1964—Subsec. (a)(1). Pub. L. 88–361, § 1(a), included the child of a person who has a service-connected disability, or who died while such disability existed.

Subsec. (a)(10). Pub. L. 88–361, § 1(b), added par. (10).

Subsec. (d). Pub. L. 88–361, § 1(c), inserted “disability or” before “death” wherever appearing.

1960—Subsec. (a)(1). Pub. L. 86–785, § 1, substituted “the Korean conflict, or the induction period” for “or the Korean conflict”, inserted “arising out of service during the Spanish-American War, World War I, World War II, or the Korean conflict” after “whether or not a disability”, and inserted the sentence relating to the criteria for determining whether a disability arising out of service during the induction period is service connected.

Subsec. (a)(9). Pub. L. 86–785, § 2, added par. (9).

Subsec. (d). Pub. L. 86–785, § 3, substituted “the Korean conflict, or the induction period” for “or the Korean conflict”.

1959—Subsecs. (a)(1), (d). Pub. L. 86–236 inserted reference to Spanish-American War.

Pub. L. 117–328, div. U, title II, § 215(b), Dec. 29, 2022, 136 Stat. 5455, provided that:

Pub. L. 109–461, title III, § 301(d), Dec. 22, 2006, 120 Stat. 3427, provided that:

Pub. L. 109–444, § 3(d), Dec. 21, 2006, 120 Stat. 3307, which provided that amendments made by section 3 of Pub. L. 109–444 would apply with respect to a payment of educational assistance for a course of education pursued after Dec. 21, 2006, was repealed by Pub. L. 109–461, title X, § 1006(b), Dec. 22, 2006, 120 Stat. 3468, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

Amendment by section 110(a) of Pub. L. 107–103 applicable to enrollments in courses beginning on or after Dec. 27, 2001, see section 110(b) of Pub. L. 107–103, set out as a note under section 3452 of this title.

Amendment by section 122(a) of Pub. L. 106–419 effective Mar. 1, 2001, and applicable with respect to licensing and certification tests approved by the Secretary of Veterans Affairs on or after such date, see section 122(d) of Pub. L. 106–419, set out as a note under section 3032 of this title.

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of Title 10, Armed Forces.

Amendment by Pub. L. 96–466 effective Oct. 1, 1980, see section 802(c), (h) of Pub. L. 96–466, set out as a note under section 3452 of this title.

Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Amendment by Pub. L. 93–295 effective first day of second calendar month following May 31, 1974, see section 401 of Pub. L. 93–295, set out as a note under section 1114 of this title.

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.

Pub. L. 86–785, § 5, Sept. 14, 1960, 74 Stat. 1024, as amended by Pub. L. 87–815, § 2(b), Oct. 15, 1962, 76 Stat. 927, which contained a savings clause which granted five years of educational training to certain children of veterans dying of disabilities incurred subsequent to the Korean War, was repealed by Pub. L. 91–24, § 14(c), June 11, 1969, 83 Stat. 35, effective June 11, 1969, except as to any indebtedness which may be due the Government as the result of any benefits granted thereunder.

Period of eligibility for educational assistance of children of Spanish-American War Veterans, see section 2 of Pub. L. 86–236, set out as a note under section 3512 of this title.

Termination of eligibility period for a wife or widow, or an eligible person eight years from Oct. 24, 1972, see section 604 of Pub. L. 92–540, set out as a note under section 3512 of this title.

The period referred to in section 1712 [now 3512] of this title as ending five years from Nov. 8, 1965, in the case of any individual who is an “eligible person” within the meaning of subsec. (a)(1) of this section solely by virtue of the amendment made by section 1 of Pub. L. 89–349 to this section, and who is above the age of seventeen years and below the age of twenty-three years on Nov. 8, 1965, see section 2 of Pub. L. 89–349, set out as a note under section 3512 of this title.