Title 38Veterans' BenefitsRelease 119-73

§3474 Discontinuance for unsatisfactory conduct or progress

Title 38 › Part PART III— - READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 34— - VETERANS’ EDUCATIONAL ASSISTANCE › Subchapter SUBCHAPTER III— - ENROLLMENT › § 3474

Last updated Apr 6, 2026|Official source

Summary

The Secretary must stop a veteran’s education payments if the school, using its normal rules, says the veteran’s attendance, behavior, or academic progress is not acceptable. Payments can start again only if one of two things happens. Either the veteran will return to the same school and the school approves and tells the Department of Veterans Affairs, or the veteran plans to change school or program and the original problem is fixed, the new program fits the veteran’s skills and interests, and the change follows the approval rules in section 3691 of this title.

Full Legal Text

Title 38, §3474

Veterans' Benefits — Source: USLM XML via OLRC

The Secretary shall discontinue the educational assistance allowance of an eligible veteran if, at any time, the Secretary finds that according to the regularly prescribed standards and practices of the educational institution, the veteran’s attendance, conduct, or progress is unsatisfactory. The Secretary may renew the payment of the educational assistance allowance only if the Secretary finds that—
(1)the veteran will be resuming enrollment at the same educational institution in the same program of education and the educational institution has both approved such veteran’s reenrollment and certified it to the Department of Veterans Affairs; or
(2)in the case of a proposed change of either educational institution or program of education by the veteran—
(A)the cause of the unsatisfactory attendance, conduct, or progress has been removed;
(B)the program proposed to be pursued is suitable to the veteran’s aptitudes, interests, and abilities; and
(C)if a proposed change of program is involved, the change meets the requirements for approval under section 3691 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those comprising the first sentence of this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1178, which was classified to former section 1624 of this title, prior to repeal by section 4(a) of Pub. L. 89–358.

Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 1674 of this title as this section. Par. (2)(C). Pub. L. 102–83, § 5(c)(1), substituted “3691” for “1791”. 1989—Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing. Pub. L. 101–237, § 412(b), substituted “attendance, conduct,” for “conduct”. Pars. (1), (2). Pub. L. 101–237, § 411(a), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: “(1) the cause of the unsatisfactory conduct or progress of the eligible veteran has been removed; and “(2) the program which the eligible veteran now proposes to pursue (whether the same or revised) is suitable to the veteran’s aptitudes, interests, and abilities.” 1980—Pub. L. 96–466 struck out provisions relating to the conditions upon which a veteran’s progress would be considered unsatisfactory. 1977—Pub. L. 95–202 inserted provisions authorizing the Administrator to determine the veteran’s progress to be satisfactory even though the veteran will graduate within a length of time exceeding the approved length if the additional length of time is reasonable in accordance with

Regulations

. 1976—Pub. L. 94–502, § 211(8), inserted provision specifying progress as unsatisfactory when the veteran will not be able to graduate within the approved length of the course. Pub. L. 94–502, § 206, substituted “the veteran’s” for “his” in two places and “if the Administrator finds” for “if he finds”.

Statutory Notes and Related Subsidiaries

Effective Date

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

Effective Date

of 1977 AmendmentAmendment by Pub. L. 95–202 effective first day of first month beginning 60 days after Nov. 23, 1977, see section 501 of Pub. L. 95–202, set out as a note under section 101 of this title.

Effective Date

of 1976 AmendmentAmendment by section 206 and 211(8) of Pub. L. 94–502 effective Dec. 1, 1976, and Oct. 15, 1976, respectively, see section 703(b), (c) of Pub. L. 94–502, set out as an

Effective Date

note under section 3693 of this title. Study of Methods To Improve Process Under Which Postsecondary Educational Institutions and Courses Are Approved; Report by September 30, 1979; Suspension of Implementation of 1976 Amendment section 305(b)(2)–(4) of Pub. L. 95–202, as amended by Pub. L. 96–466, title VIII, § 801(m)(2), Oct. 17, 1980, 94 Stat. 2217, directed Administrator of Veterans’ Affairs to study specific methods for improving process by which postsecondary educational institutions and courses at such institutions are approved for purposes of chapters 32, 34, 35, and 36 of this title, and need for legislative and administrative action regarding discontinuing educational assistance allowances to eligible veterans whose conduct or progress is unsatisfactory, required submission of a report on the study to President and Congress not later than Sept. 30, 1979, and directed Administrator to suspend implementation of certain

Amendments

by Pub. L. 94–502 until submission of report.

Reference

Citations & Metadata

Citation

38 U.S.C. § 3474

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73