The law › Title 38, Veterans' Benefits › Chapter 35
38 U.S.C. 3512: Periods of eligibility
Created in 1958 by Public Law 85-857. Changed by 31 later laws. No bill we track in this Congress changes it.
2 other sections of the Code cite this one, including 38 U.S.C. 3501, 38 U.S.C. 3565.
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2022
- Pub. L. 117–328, §234(b)(1), substituted "Except as provided in subsection (g), the educational" for "The educational" in introductory provisions. (Consolidated Appropriations Act, 2023) Law text · (a)
- Pub. L. 117–328, §234(b)(2)(A), inserted "subsection (g) or" after "provided in". (Consolidated Appropriations Act, 2023) Law text · (b)
- Pub. L. 117–328, §234(b)(2)(B), substituted "Except as provided in subsection (g), notwithstanding" for "Notwithstanding". (Consolidated Appropriations Act, 2023) Law text · (b)
- Pub. L. 117–328, §234(b)(3), substituted "Except as provided in subsection (g), no person" for "No person". (Consolidated Appropriations Act, 2023) Law text · (e)
- Pub. L. 117–328, §234(a), redesignated subsec. (h) as (f) and added subsec. (g). (Consolidated Appropriations Act, 2023) Law text · (f), (g), (h)
2021
- Pub. L. 116–283 substituted "air, or space service" for "or air service". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (b)
2011
- Pub. L. 111–377 amended subsec. (c) generally. Prior to amendment, text read as follows: "Notwithstanding the provisions of subsection (a) of this section, an eligible person may be afforded educational assistance beyond the age limitation applicable to such person under such subsectio… (Post-9/11 Veterans Educational Assistance Improvements Act of 2010) Law text · (c)
2010
- Pub. L. 111–275 substituted "this paragraph" for "this clause". (Veterans' Benefits Act of 2010) Law text · (a)
2008
- Pub. L. 110–389 substituted "subparagraph (B), (C), or (D)" for "subparagraph (B) or (C)" in subpar. (A) and added subpar. (D). (Veterans' Benefits Improvement Act of 2008) Law text · (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… (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text
- Pub. L. 109–461, §301(b)(3)(A)(i), substituted "an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title" for "an eligible person (within the meaning of s… (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (a)
- Pub. L. 109–444, §3(b)(3)(A)(i), which substituted "an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title" for "an eligible person (within the meaning of section 35… Law text · (a)
- Pub. L. 109–461, §301(b)(3)(A)(ii), substituted "a parent being listed in one of the categories referred to in section 3501(a)(1)(C)" for "the provisions of section 3501(a)(1)(A)(iii)". (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (a)
- Pub. L. 109–444, §3(b)(3)(A)(ii), which substituted "a parent being listed in one of the categories referred to in section 3501(a)(1)(C)" for "the provisions of section 3501(a)(1)(A)(iii)", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above. Law text · (a)
- Pub. L. 109–461, §301(b)(3)(B)(i), inserted "or a person made eligible by the disability of a spouse under section 3501(a)(1)(E) of this title" after "section 3501(a)(1) of this title" and substituted "3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title" for "or 3501(a)(1)(D)(ii) o… (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (b)
- Pub. L. 109–444, §3(b)(3)(B)(i), which inserted "or a person made eligible by the disability of a spouse under section 3501(a)(1)(E) of this title" after "section 3501(a)(1) of this title" and substituted "3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title" for "or 3501(a)(1)(D)(ii) of this title", … Law text · (b)
- Pub. L. 109–461, §301(b)(3)(B)(ii), added cl. (iii). (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (b)
- Pub. L. 109–444, §3(b)(3)(B)(ii), which added cl. (iii) identical to that added by Pub. L. 109–461, §301(b)(3)(B)(ii), was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above. Law text · (b)
- Pub. L. 109–461, §301(b)(3)(B)(iii), substituted "(D), or (E) of this title) whose eligibility is based on the death or disability of a spouse or on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title" for "or (D) of this title)". (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (b)
- Pub. L. 109–444, §3(b)(3)(B)(iii), which substituted "(D), or (E) of this title) whose eligibility is based on the death or disability of a spouse or on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title" for "or (D) of this title)", was terminated by … Law text · (b)
- Pub. L. 109–461, §301(b)(3)(C), substituted "person from whom eligibility" for "veteran from whom eligibility". (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (d)
- Pub. L. 109–444, §3(b)(3)(C), which substituted "person from whom eligibility" for "veteran from whom eligibility", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above. Law text · (d)
- Pub. L. 109–461, §301(b)(3)(D), inserted "based on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title" after "of this title" and "so" after "the spouse was" and struck out "by the Secretary concerned in one of the categories referred to in… (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (e)
- Pub. L. 109–444, §3(b)(3)(D), which inserted "based on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title" after "of this title" and "so" after "the spouse was" and struck out "by the Secretary concerned in one of the categories referred to in such sec… Law text · (e)
2004
2003
- Pub. L. 108–183, §306(f)(2), struck out subsec. (f) which related to period of eligibility for loans under subchapter III of chapter 36 of this title. (Veterans Benefits Act of 2003) Law text · (f)
- Pub. L. 108–183, §303(a), inserted "or is involuntarily ordered to full-time National Guard duty under section 502(f) of title 32," after "title 10,". (Veterans Benefits Act of 2003) Law text · (h)
2002
- Pub. L. 107–330, §308(e)(1)(A)(i), substituted "paragraph (4) or (5)" for "paragraph (4)" in introductory provisions. (Veterans Benefits Act of 2002) Law text · (a)
- Pub. L. 107–330, §308(e)(1)(A)(ii), substituted "subsection (d), or any date between the two dates described in subsection (d)" for "subsection (d)". (Veterans Benefits Act of 2002) Law text · (a)
- Pub. L. 107–330, §308(e)(1)(B)–(D), added par. (4), redesignated former pars. (4) to (7) as (5) to (8), respectively, and substituted "paragraph (5)" for "paragraph (4)" in par. (6). (Veterans Benefits Act of 2002) Law text · (a)
2001
- Pub. L. 107–14, §7(f)(1)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "the eligible person makes that election after the person's eighteenth birthday but before the person's twenty-sixth birthday; and". (Veterans' Survivor Benefits Improvements Act of 2001) Law text · (a)
- Pub. L. 107–14, §7(f)(1)(B), substituted "the date determined pursuant to" for "between the dates described in". (Veterans' Survivor Benefits Improvements Act of 2001) Law text · (a)
- Pub. L. 107–14, §8(a)(6)(A), substituted "paragraph (4)" for "clause (4) of this subsection". (Veterans' Survivor Benefits Improvements Act of 2001) Law text · (a)
- Pub. L. 107–103, §108(c)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "No person made eligible by section 3501(a)(1)(B) or (D) of this title may be afforded educational assistance under this chapter beyond 10 years after whichever of the following la… (Veterans Education and Benefits Expansion Act of 2001) Law text · (b)
- Pub. L. 107–14, §8(a)(6)(B), substituted "willful" for "willfull". (Veterans' Survivor Benefits Improvements Act of 2001) Law text · (b)
- Pub. L. 107–103, §108(c)(3), struck out par. (3) which read as follows: (Veterans Education and Benefits Expansion Act of 2001) Law text · (b)
- Pub. L. 107–103, §108(b)(2), struck out subsec. (g) which read as follows: "Any entitlement used by any eligible person as a result of eligibility under the provisions of section 3501(a)(1)(A)(iii) or 3501(a)(1)(C) of this title shall be deducted from any entitlement to which such pers… (Veterans Education and Benefits Expansion Act of 2001) Law text · (g)
- Pub. L. 107–103, §103(b), added subsec. (h). (Veterans Education and Benefits Expansion Act of 2001) Law text · (h)
2000
- Pub. L. 106–419, §112, substituted "8 years after the date that is elected by that person to be the beginning date of entitlement under section 3511 of this title or subchapter V of this chapter if—" and subpars. (A) to (C) for "8 years after, whichever date last occurs: (A) the dat… (Veterans Benefits and Health Care Improvement Act of 2000) Law text · (a)
- Pub. L. 106–419, §114(b), added par. (7). (Veterans Benefits and Health Care Improvement Act of 2000) Law text · (a)
1991
- Pub. L. 102–83, §5(a), renumbered section 1712 of this title as this section.
- Pub. L. 102–83, §5(c)(1), substituted "3501(a)(1)(A)" for "1701(a)(1)(A)" and "3511" for "1711" in introductory provisions, "3536" for "1736" in par. (2), and "3501(a)(1)(A)(iii)" for "1701(a)(1)(A)(iii)" in par. (5). · (a)
- Pub. L. 102–83, §5(c)(1), substituted "3501(a)(1)(B)" for "1701(a)(1)(B)" in pars. (1) and (2) and "3501(a)(1)" for "1701(a)(1)" in par. (3)(A) and (B). · (b)
- Pub. L. 102–83, §5(c)(1), substituted "3501(a)(1)(C)" for "1701(a)(1)(C)". · (e)
- Pub. L. 102–83, §5(c)(1), substituted "3501(a)(1)(B)" for "1701(a)(1)(B)" and "3462(a)(2)" for "1662(a)(2)". · (f)
- Pub. L. 102–83, §5(c)(1), substituted "3501(a)(1)(A)(iii) or 3501(a)(1)(C)" for "1701(a)(1)(A)(iii) or 1701(a)(1)(C)". · (g)
1989
- Pub. L. 101–237 substituted "Secretary" for "Administrator" wherever appearing. · (a), (b), (C), (2), (3), (c)
1986
- Pub. L. 99–576 added par. (3). · (b)
1983
- Pub. L. 98–160 substituted "October 1, 1980" for "the effective date of the Veterans' Rehabilitation and Education Amendments of 1980". · (b)
1982
- Pub. L. 97–295, §4(44)(A), inserted "of this title" after "section 1701(a)(1)(A)", and inserted a colon after "last occurs" in cl. (3). · (a)
- Pub. L. 97–295, §4(44)(B), substituted "of this title" for "of this chapter" wherever appearing. · (b)
- Pub. L. 97–295, §4(44)(C), substituted "December 24, 1970" for "the date of enactment of this subsection". · (e)
1981
- Pub. L. 97–66 substituted "after whichever of the following last occurs" for "after whichever last occurs" in the provisions preceding subpar. (A), "The date" for "the date" and "permanent in nature." for "permanent in nature, or;" in subpar. (A), and "The date of death of the spous… · (b)
1980
- Pub. L. 96–466, §321, added cl. (5) and redesignated former cl. (5) as (6). · (a), (6)
- Pub. L. 96–466, §322, inserted "made within one year after (A) the last date of the delimiting period otherwise applicable under this section, (B) the termination of the period of mental or physical disability, or (C) the effective date of the Veterans' Rehabilitation and Education … · (b)
1977
- Pub. L. 95–202, §203(a)(2), designated existing provisions as par. (1) and former cls. (1) and (2) thereof as cls. (A) and (B), and added par. (2). · (b)
- Pub. L. 95–202, §203(b)(2), added subsec. (f) and redesignated former subsec. (f) as (g). · (f), (g)
1976
- Pub. L. 94–502, §§304(1), (2), 310(7), substituted "the person" for "he" and "him" and "the person's" for "his", respectively, in the provision preceding cl. (1), and in cls. (1), (2), (3), and (4), in cls. (3) and (4) "8 years" for "five years", and cl. (5), "such person" for "he", "a… · (a)
- Pub. L. 94–502, §310(8), substituted "such person" for "him" and "he" wherever appearing, and "such person's" for "his" wherever appearing. · (c)
- Pub. L. 94–502, §304(3), struck out subsec. (d) which authorized educational assistance to an eligible person beyond the age limits applicable to him under subsec. (a) of this section by a period of time equivalent to the period of time between his eighteenth birthday or the date of hi… · (d)
- Pub. L. 94–502, §§304(3), 310(9), redesignated subsec. (f) as (e) and substituted "the spouse" for "her spouse". Former subsec. (e) redesignated (d). · (e)
- Pub. L. 94–502, §§304(3), 310(9), redesignated subsec. (g) as (f) and substituted "such person" for "he". Former subsec. (f) redesignated (e). · (f), (g)
1974
- Pub. L. 93–337, §2(1), substituted "may be afforded educational assistance under this chapter beyond 10 years" for "may be afforded educational assistance under this chapter beyond eight years". · (b)
- Pub. L. 93–337, §2(2), substituted "may be afforded educational assistance under this chapter beyond 10 years" for "may be afforded educational assistance under this chapter beyond eight years". · (f)
1972
- Pub. L. 92–540 substituted reference to section 1736 of this title for reference to section 1737 of this title. · (a)
1970
- Pub. L. 91–219, §208(1), substituted "last occurs" for "first occurs". · (a)
- Pub. L. 91–584, §3(1), substituted "1701(a)(1)(B) or (D)" for "1701(a)(1)(B) or (C)". · (b)
- Pub. L. 91–219, §208(2), added subsec. (e). · (e)
- Pub. L. 91–584, §3(2), added subsecs. (f) and (g). · (f), (g)
1968
- Pub. L. 90–631, §2(e)(1), inserted "(within the meaning of section 1701(a)(1)(A))" after "to which an eligible person". · (a)
- Pub. L. 90–631, §2(e)(2), substituted provisions that no person made eligible by section 1701(a) (1)(B) or (C) may be afforded educational assistance under this chapter beyond 8 years after whichever of the specified events last occurs for provisions that no eligible person may be affo… · (b)
1967
- Pub. L. 90–77 substituted "twenty-sixth" for "twenty-third" birthday in text preceding cl. (1) and in cls. (3) and (4). · (a)
1964
- Pub. L. 88–361, §3(a), inserted provisions relating to parents with a service-connected total disability permanent in nature. · (a)
- Pub. L. 88–361, §3(b), added subsec. (d). · (d)
1962
- Pub. L. 87–815, among other changes, struck out from cl. (3), provisions which it incorporated into cl. (4), added to such cl. (4) the exclusion from the computation of the five year period, of all periods during which the person served on active duty before Aug. 1, 1962, pursuant to a… · (a)
- Pub. L. 87–819 added subsec. (c). · (c)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.