The Higher Education Act of 1965, referred to in subsec. (a)(5)(H), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Part T of title VIII of the Act is classified generally to part T (§ 1161t) of subchapter IX of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.

Section 2135 of title 10, referred to in subsec. (e)(1), was renumbered section 16135 of Title 10, Armed Forces, by Pub. L. 103–337, div. A, title XVI, § 1663(b)(2), Oct. 5, 1994, 108 Stat. 3006.

2023—Subsec. (f). Pub. L. 117–333 added subsec. (f).

2021—Subsec. (a)(5)(K). Pub. L. 116–315, § 1006(a), which directed amendment of par. (4) by adding subpar. (K) at the end, was executed by adding subpar. (K) at the end of par. (5), to reflect the probable intent of Congress and the redesignation of former par. (4) as (5) by Pub. L. 116–154, § 6(a)(2). See 2020 Amendment note below.

2020—Subsec. (a)(1). Pub. L. 116–154, § 6(a)(1), substituted “In accordance with paragraph (4), individuals” for “Individuals”.

Subsec. (a)(4) to (7). Pub. L. 116–154, § 6(a)(2), (3), added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively.

Subsec. (e)(1). Pub. L. 116–154, § 6(b), substituted “subsection (a)(5)” for “subsection (a)(4)”.

2017—Subsec. (a)(4)(A), (C), (F). Pub. L. 115–48, § 201, substituted “any time on or after June 30, 2017,” for “the period beginning on June 30, 2017, and ending on June 30, 2022,”.

2016—Subsec. (a)(4)(A), (C), (F). Pub. L. 114–315 substituted “June 30, 2013, or the period beginning on June 30, 2017, and ending on June 30, 2022” for “June 30, 2013”.

2010—Subsec. (a)(4)(A), (C), (F). Pub. L. 111–275, § 101(a), substituted “June 30, 2013” for “June 30, 2010”.

Subsec. (a)(4)(G) to (J). Pub. L. 111–275, § 101(b), added subpars. (G) to (J).

2008—Subsecs. (b), (e)(1). Pub. L. 110–252 inserted “33,” after “32,”.

2007—Subsec. (a)(4)(A), (C), (F). Pub. L. 110–157 substituted “June 30, 2010” for “June 30, 2007”.

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)(4)(A). Pub. L. 109–461, § 304, substituted “June 30, 2007” for “December 27, 2006”.

Pub. L. 109–444, which substituted “June 30, 2007” for “December 27, 2006”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Pub. L. 109–233 substituted “chapter 63” for “subchapter II of chapter 77”.

Subsec. (a)(4)(C). Pub. L. 109–461, § 304, substituted “June 30, 2007” for “December 27, 2006”.

Pub. L. 109–444, which substituted “June 30, 2007” for “December 27, 2006”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (a)(4)(E). Pub. L. 109–461, § 307(1), inserted “or 1607” after “chapter 1606”.

Subsec. (a)(4)(F). Pub. L. 109–461, § 304, substituted “June 30, 2007” for “December 27, 2006”.

Pub. L. 109–444, which substituted “June 30, 2007” for “December 27, 2006”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (b). Pub. L. 109–461, § 307(2), substituted “chapter 1606 or 1607” for “chapter 106”.

Subsec. (e)(1). Pub. L. 109–461, § 307(3), substituted “a qualifying work-study activity described in subsection (a)(4)” for “services of the kind described in clauses (A) through (E) of subsection (a)(1) of this section” and “chapter 1606 or 1607” for “chapter 106”.

2003—Subsec. (e)(1). Pub. L. 108–183 struck out “(other than an education loan under subchapter III)” after “chapter 30, 31, 32, 35, or 36”.

2002—Subsec. (a)(4)(A), (C), (F). Pub. L. 107–330 substituted “the period preceding December 27, 2006” for “the five-year period beginning on the date of the enactment of the Veterans Education and Benefits Expansion Act of 2001”.

2001—Subsec. (a). Pub. L. 107–103 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

“(a)(1) Individuals utilized under the authority of subsection (b) of this section shall be paid an additional educational assistance allowance (hereinafter referred to as ‘work-study allowance’). Such work-study allowance shall be paid in an amount equal to the applicable hourly minimum wage times the number of hours worked during the applicable period, in return for such individual’s agreement to perform services, during or between periods of enrollment, aggregating not more than a number of hours equal to 25 times the number of weeks in the semester or other applicable enrollment period, required in connection with (A) the out-reach services program under subchapter II of chapter 77 of this title as carried out under the supervision of a Department of Veterans Affairs employee, (B) the preparation and processing of necessary papers and other documents at educational institutions or regional offices or facilities of the Department of Veterans Affairs, (C) the provision of hospital and domiciliary care and medical treatment under chapter 17 of this title, (D) any other activity of the Department of Veterans Affairs as the Secretary shall determine appropriate, or (E) in the case of an individual who is receiving educational assistance under chapter 106 of title 10, activities relating to the administration of such chapter at Department of Defense, Coast Guard, or National Guard facilities. An individual may elect, in a manner prescribed by the Secretary, to be paid in advance an amount equal to 40 percent of the total amount of the work-study allowance agreed to be paid under the agreement in return for the individual’s agreement to perform the number of hours of work specified in the agreement (but not more than an amount equal to 50 times the applicable hourly minimum wage).

“(2) For the purposes of paragraph (1) of this subsection and subsection (e) of this section, the term ‘applicable hourly minimum wage’ means (A) the hourly minimum wage under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)), or (B) the hourly minimum wage under comparable law of the State in which the services are to be performed, if such wage is higher than the wage referred to in clause (A) and the Secretary has made a determination to pay such higher wage.”

Subsec. (a)(1). Pub. L. 107–14 substituted “hereinafter” for “hereafter”.

1998—Subsec. (a)(1). Pub. L. 105–368 substituted “An individual may elect, in a manner prescribed by the Secretary, to be paid in advance” for “An individual shall be paid in advance” in last sentence.

1992—Subsec. (a)(1). Pub. L. 102–568 substituted “40 percent” for “40 per centum” and inserted before period at end “(but not more than an amount equal to 50 times the applicable hourly minimum wage)”.

1991—Pub. L. 102–83, § 5(a), renumbered section 1685 of this title as this section.

Subsec. (a)(1). Pub. L. 102–83, § 2(c)(2), substituted “subchapter II of chapter 77” for “subchapter IV of chapter 3”.

Pub. L. 102–16, § 10(a)(5), redesignated cls. (1) to (5) as cls. (A) to (E), respectively, and inserted in cl. (E) “, Coast Guard, or National Guard” after “Department of Defense”.

Subsec. (a)(2). Pub. L. 102–16, § 6(b)(1), inserted “and subsection (e) of this section” after “subsection”.

Subsec. (b). Pub. L. 102–16, § 6(b)(2), inserted “, subject to the provisions of subsection (e) of this section,” after “shall” in first sentence.

Subsec. (e). Pub. L. 102–40 substituted “5315” for “3115” in par. (2)(B)(ii) and “5314” for “3114” in two places in par. (2)(B)(iii).

Pub. L. 102–16, § 6(a), added subsec. (e).

1989—Pub. L. 101–237, § 405(d)(4)(A), substituted “Work-study allowance” for “Veteran-student services” as section catchline.

Subsec. (a). Pub. L. 101–237, § 423(b)(1), substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing.

Pub. L. 101–237, § 405(a)(1), (b), (d)(2)(A), (C), (D), designated existing provisions as par. (1), substituted “Such work-study allowance shall be paid in an amount equal to the applicable hourly minimum wage times the number of hours worked during the applicable period, in return for such individual’s agreement to perform services, during or between periods of enrollment, aggregating not more than a number of hours equal to 25 times the number of weeks in the semester or other applicable enrollment period,” for “Such work-study allowance shall be paid in an amount equal to either the amount of the hourly minimum wage in effect under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) times two hundred and fifty or $625, whichever is the higher, in return for such veteran-student’s agreement to perform services, during or between periods of enrollment, aggregating two hundred and fifty hours during a semester or other applicable enrollment period,” in second sentence, added cl. (5), substituted references to individuals for references to veteran-students, struck out third and fourth sentences which read as follows: “An agreement may be entered into for the performance of services for periods of less than two hundred and fifty hours. The amount of the work-study allowance to be paid under any such agreement shall be determined by multiplying the number of hours of work performed by the veteran-student under such agreement times either the hourly minimum wage in effect under section 6(a) of the Fair Labor Standards Act of 1938 during the period the work is to be performed or $2.50, whichever is the higher.”, and added par. (2).

Subsec. (b). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 101–237, § 405(a)(2), (c), (d)(1), substituted “subsection (a)(1) of this section” for “subsection (a) of this section”, “individuals who are pursuing programs of rehabilitation, education, or training under chapter 30, 31, 32, or 34 of this title or chapter 106 of title 10, at a rate equal to at least three-quarters of that required of a full-time student” for “veteran-students who are pursuing full-time programs of rehabilitation, education, or training under chapter 30, 31, 32, or 34 of this title”, “30 percent” for “30 per centum”, and “an individual ceases to be at least a three-quarter-time student before completing such agreement, the individual” for “the veteran ceases to be a full-time student before completing such agreement, the veteran”.

Subsec. (c). Pub. L. 101–237, § 423(b)(1), substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing.

Pub. L. 101–237, § 405(d)(2)(B), (E)–(G), substituted “individuals” for “veterans” and for “veteran-students” wherever appearing, substituted “individual’s” for “veteran’s” in cl. (2), and substituted “individual” for “veteran” wherever appearing in cls. (1) to (3).

Subsec. (d). Pub. L. 101–237, § 405(d)(2)(B), substituted “individuals” for “veteran-students”.

1986—Subsec. (b). Pub. L. 99–576 substituted “rehabilitation, education, or training under chapter 30, 31, 32, or 34 of this title” for “education or training under chapters 31 and 34 of this title”.

1982—Subsec. (a). Pub. L. 97–295 inserted “(29 U.S.C. 206(a))” after “Act of 1938” the first time it appeared.

1980—Subsec. (d). Pub. L. 96–466 substituted “Office of Personnel Management” for “Civil Service Commission”.

1977—Subsec. (a). Pub. L. 95–202 substituted “Such work-study allowance shall be paid in an amount equal to either the amount of the hourly minimum wage in effect under section 6(a) of the Fair Labor Standards Act of 1938 times two hundred and fifty or $625, whichever is the higher,” for “Such work-study allowance shall be paid in the amount of $625” and, in the provisions relating to periods of service of less than two hundred and fifty hours, substituted “amount of the work-study allowance to be paid under any such agreement shall be determined by multiplying the number of hours of work performed by the veteran-student under such agreement times either the hourly minimum wage in effect under section 6(a) of the Fair Labor Standards Act of 1938 during the period the work is to be performed or $2.50, whichever is the higher” for “amount of the work-study allowance to be paid shall bear the same ratio to the number of hours of work agreed to be performed as $625 bears to two hundred and fifty hours” and “A veteran-student shall be paid in advance an amount equal to 40 per centum of the total amount of the work-study allowance agreed to be paid under the agreement to perform the number of hours of work specified in the agreement” for provisions setting a flat amount of $250 in advance or a lesser amount in the case of any agreement providing for periods of less than one hundred hours.

1976—Subsec. (b). Pub. L. 94–502, § 208, inserted provision permitting the veteran who ceases to be a full-time student to complete the agreement, with the approval of the Administrator.

Subsec. (c). Pub. L. 94–502, § 211(11), substituted “the Administrator shall conduct” for “he shall conduct”, “the Administrator shall prescribe,” for “he shall prescribe,”, and “the veteran’s” for “his” in two places.

1974—Subsec. (a). Pub. L. 93–508, § 205(1), (2), substituted “the amount of $625” for “in advance in the amount of $250”, and “aggregating two hundred and fifty hours” for “aggregating one hundred hours”, and substituted provisions that an agreement may be entered into for the performance of services for periods of less than two hundred and fifty hours, in which case the amount of the work-study allowance to be paid shall bear the same ratio to the number of hours of work agreed to be performed as $625 bears to two hundred and fifty hours and that in the case of any agreement providing for the performance of services for less than one hundred hours, the amount of the advance payment shall bear the same ratio to the number of hours of work agreed to be performed as $625 bears to two hundred and fifty hours, for provisions that advances of lesser amounts may be made in return for agreements to perform services for periods of less than one hundred hours, and that the amount of such advance shall bear the same ratio to the number of hours of work agreed to be performed as $250 bears to one hundred hours.

Subsec. (c). Pub. L. 93–508, § 205(3), struck out parenthetical provisions relating to a limit of eight-hundred man-years or their equivalent during any fiscal year.

Pub. L. 116–315, title I, § 1006(b), Jan. 5, 2021, 134 Stat. 4940, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on August 1, 2021.”

Pub. L. 116–154, § 6(c), Aug. 8, 2020, 134 Stat. 694, provided that: “The amendments made by this section [amending this section] shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2021.”

Pub. L. 111–275, title I, § 101(c), Oct. 13, 2010, 124 Stat. 2866, provided that: “The amendment made by subsection (b) [amending this section] shall take effect on October 1, 2011.”

Amendment by Pub. L. 110–252 effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as a note under section 16163 of Title 10, Armed Forces.

Pub. L. 108–183, title III, § 306(h)(2), Dec. 16, 2003, 117 Stat. 2661, provided that: “The amendments made by subsections (e), (f), and (g) [amending this section and section 3512 of this title and repealing subchapter III of chapter 36 of this title] shall take effect 90 days after the date of the enactment of this Act [Dec. 16, 2003].”

Pub. L. 107–103, title I, § 107(b), Dec. 27, 2001, 115 Stat. 984, provided that: “The amendment made by this section [amending this section] shall apply with respect to agreements entered into under section 3485 of title 38, United States Code, on or after the date of the enactment of this Act [Dec. 27, 2001].”

Pub. L. 105–368, title II, § 202(b), Nov. 11, 1998, 112 Stat. 3326, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to agreements entered into under section 3485 of title 38, United States Code, on or after January 1, 1999.”

Amendment by section 405(a)–(d)(2), (4)(A) of Pub. L. 101–237 effective May 1, 1990, and applicable to services performed on or after that date, see section 405(e) of Pub. L. 101–237, set out as a note under section 16136 of Title 10, Armed Forces.

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

Amendment by Pub. L. 95–202 effective retroactively to Oct. 1, 1977, see section 501 of Pub. L. 95–202, set out as a note under section 101 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. 93–508 effective Dec. 3, 1974, see section 503 of Pub. L. 93–508, set out as a note under section 3452 of this title.

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Pub. L. 116–140, § 3, Apr. 28, 2020, 134 Stat. 631, as amended by Pub. L. 117–76, § 5(f), Dec. 21, 2021, 135 Stat. 1520, which temporarily allowed for payment of work-study allowances during emergency situations, was repealed by Pub. L. 117–333, § 5(b), Jan. 5, 2023, 136 Stat. 6129. See subsec. (f) of this section.