--- kind: "section" citation: "38 U.S.C. § 3604" title: "38" title_heading: "Veterans’ Benefits" number: "3604" heading: "Effects of closure of educational institution and modification of courses by reason of emergency situation" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/38/3604" units: - "Part III — Readjustment and Related Benefits" - "Chapter 36 — Administration of Educational Benefits" - "Subchapter I — Emergency Situations" --- # §3604. Effects of closure of educational institution and modification of courses by reason of emergency situation - (a) **Closure or Disapproval.—** Any payment of educational assistance described in [subsection (b)](#b) shall not— - (1) be charged against any entitlement to educational assistance of the individual concerned; or - (2) be counted against the aggregate period for which [section 3695 of this title](/usc/38/3695.md) limits the receipt of educational assistance by such individual. - (b) **Educational Assistance Described.—** Subject to [subsection (d)](#d), the payment of educational assistance described in this subsection is the payment of such assistance to an individual for pursuit of a course or [program of education](/usc/38/3002.md?p=3) at an [educational institution](/usc/38/3002.md?p=8) under chapter [30](/usc/38/chptIII/ch30.md), [31](/usc/38/chptIII/ch31.md), [32](/usc/38/chptIII/ch32.md), [33](/usc/38/chptIII/ch33.md), or [35](/usc/38/chptIII/ch35.md) of this title or [chapter 1606](/usc/10/chstE/ptIV/ch1606.md) of title 10, if the [Secretary](/usc/38/4101.md?p=8) determines that the individual— - (1) was unable to complete such course or program as a result of— - (A) the closure of the [educational institution](/usc/38/3002.md?p=8), or the full or partial cancellation of a course or [program of education](/usc/38/3002.md?p=3), by reason of an [emergency situation](/usc/38/3002.md?p=9); or - (B) the disapproval of the course or a course that is a necessary part of that program under this chapter because the course was modified by reason of such emergency; and - (2) did not receive credit or lost training time, toward completion of the [program of education](/usc/38/3002.md?p=3) being so pursued. - (c) **Housing Assistance.—** In this section, educational assistance includes, as applicable— - (1) monthly housing stipends payable under [chapter 33](/usc/38/chptIII/ch33.md) of this title for any month the individual would have been enrolled in a course or [program of education](/usc/38/3002.md?p=3); and - (2) payments or subsistence allowances under chapters [30](/usc/38/chptIII/ch30.md), [31](/usc/38/chptIII/ch31.md), [32](/usc/38/chptIII/ch32.md), and [35](/usc/38/chptIII/ch35.md) of this title and [chapter 1606](/usc/10/chstE/ptIV/ch1606.md) of title 10 during a month the individual would have been enrolled in a course or [program of education](/usc/38/3002.md?p=3). - (d) **Period Not Charged.—** The period for which, by reason of this section, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under [section 3695 of this title](/usc/38/3695.md) shall not exceed the aggregate of— - (1) the portion of the period of enrollment in the course from which the individual did not receive credit or with respect to which the individual lost training time, as determined under [subsection (b)(2)](#b-2); and - (2) the period by which a monthly stipend is extended under [section 3680(a)(2)(B) of this title](/usc/38/3680.md?p=a-2-B). - (e) **Continuing Pursuit of Disapproved Courses.—** - (1) The [Secretary](/usc/38/4101.md?p=8) may treat a course of education that is disapproved under this chapter as being approved under this chapter with respect to an individual described in [paragraph (2)](#e-2) if the [Secretary](/usc/38/4101.md?p=8) determines, on a programmatic basis, that— - (A) such disapproval is the result of an action described in [subsection (b)(1)(B)](#b-1-B); and - (B) continuing pursuing such course is in the best interest of the individual. - (2) An individual described in this paragraph is an individual who is pursuing a course of education at an [educational institution](/usc/38/3002.md?p=8) under chapter [30](/usc/38/chptIII/ch30.md), [31](/usc/38/chptIII/ch31.md), [32](/usc/38/chptIII/ch32.md), [33](/usc/38/chptIII/ch33.md), or [35](/usc/38/chptIII/ch35.md) of this title or [chapter 1606](/usc/10/chstE/ptIV/ch1606.md) of title 10, as of the date on which the course is disapproved as described in [subsection (b)(1)(B)](#b-1-B). - (f) **Status as Full-time Student for Purposes of Housing Stipend Calculation.—** In the case of an individual who, as of the first day of an [emergency situation](/usc/38/3002.md?p=9) was enrolled on a full-time basis in a [program of education](/usc/38/3002.md?p=3) and was receiving educational assistance under [chapter 33](/usc/38/chptIII/ch33.md) of this title or subsistence allowance under [chapter 31](/usc/38/chptIII/ch31.md) of this title, and for whom the [Secretary](/usc/38/4101.md?p=8) makes a determination under [subsection (b)](#b), the individual shall be treated as an individual enrolled in a [program of education](/usc/38/3002.md?p=3) on a full-time basis for the purpose of calculating monthly housing stipends payable under [chapter 33](/usc/38/chptIII/ch33.md) of this title, or subsistence allowance payable under [chapter 31](/usc/38/chptIII/ch31.md) of this title, for any month the individual is enrolled in the [program of education](/usc/38/3002.md?p=3) on a part-time basis to complete any course of education that was partially or fully canceled by reason of the [emergency situation](/usc/38/3002.md?p=9). - (g) **Notice of Closures.—** Not later than five business days after the date on which the [Secretary](/usc/38/4101.md?p=8) receives [notice](/usc/38/4303.md?p=8) that an [educational institution](/usc/38/3002.md?p=8) will close or is closed by reason of an [emergency situation](/usc/38/3002.md?p=9), the [Secretary](/usc/38/4101.md?p=8) shall provide to each individual who is enrolled in a course or [program of education](/usc/38/3002.md?p=3) at such [educational institution](/usc/38/3002.md?p=8) using entitlement to educational assistance under chapter [30](/usc/38/chptIII/ch30.md), [31](/usc/38/chptIII/ch31.md), [32](/usc/38/chptIII/ch32.md), [33](/usc/38/chptIII/ch33.md), or [35](/usc/38/chptIII/ch35.md) of this title, or [chapter 1606](/usc/10/chstE/ptIV/ch1606.md) of title 10 [notice](/usc/38/4303.md?p=8) of— - (1) such closure and the date of such closure; and - (2) the effect of such closure on the individual’s entitlement to educational assistance pursuant to this section. ## Source credit (Added Pub. L. 117–333, § 2(a)(2), Jan. 5, 2023, 136 Stat. 6123.)