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38 U.S.C. § 3451

Section 3451 · Purpose

Amended 2 times on record

Applied in 5 court decisions — leading case Zelman Superintendent of Public Instruction of Ohio et al. v. Simmons-Harris et al. (2002)

Most recently applied in Davenport v. Principi (December 2002)

How often courts cite this section

19661970198019902000201020222089-358enacted · 1966 · 89-358102-83amended · 1991 · 102-83Zelman Superintendent of Public Instruction of Ohio et al. v. Simmons-Harris et al.leading · 2002 · Zelman Superintendent of Public Instruction of Ohio et al. v. Simmons-Harris et al.
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The Congress of the United States hereby declares that the education program created by this chapter is for the purpose of (1) enhancing and making more attractive service in the Armed Forces of the United States, (2) extending the benefits of a higher education to qualified and deserving young persons who might not otherwise be able to afford such an education, (3) providing vocational readjustment and restoring lost educational opportunities to those service men and women whose careers have been interrupted or impeded by reason of active duty after January 31, 1955, and (4) aiding such persons in attaining the vocational and educational status which they might normally have aspired to and obtained had they not served their country.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Prior Provisions

Provisions similar to those comprising clauses (3) and (4) of this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1175, which was classified to former section 1601(c) of this title, prior to repeal by section 4(a) of Pub. L. 89–358.

Amendments

1991—Pub. L. 102–83 renumbered section 1651 of this title as this section.

Effective Date

Section 12(a) of Pub. L. 89–358 provided that: “Except as otherwise specifically provided, the provisions of this Act [see Tables for classification] shall take effect on the date of its enactment [Mar. 3, 1966], but no educational assistance allowance shall be payable under chapter 34 of title 38, United States Code, as added by section 2 of this Act, for any period before June 1, 1966, nor for the month of June 1966, unless (1) the eligible veteran commenced the pursuit of the course of education on or after June 1, 1966, or (2) the pursuit of such course continued through June 30, 1966.”

Savings Provision

Section 4(b) of Pub. L. 89–358 provided that: “Nothing in this Act or any amendment or repeal made by it [see Tables for classification], shall affect any right or liability (civil or criminal) which matured under chapter 33 of this title 38 before the date of enactment of this Act [Mar. 3, 1966]: and all offenses committed, and all penalties and forfeitures incurred, under any provision of law amended or repealed by this Act, may be punished or recovered, as the case may be, in the same manner and with the same effect as if such amendments or repeals had not been made.”

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