US (United States) Code. Title 38. Chapter 35: Survivors and dependents educational assistance

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Veterans Benefits. Readjustment and related benefits

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 97 páginas
publicidad
publicidad

-CITE-

38 USC CHAPTER 35 - SURVIVORS' AND DEPENDENTS'

EDUCATIONAL ASSISTANCE 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

-HEAD-

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

-MISC1-

SUBCHAPTER I - DEFINITIONS

Sec.

3500. Purpose.

3501. Definitions.

SUBCHAPTER II - ELIGIBILITY AND ENTITLEMENT

3510. Eligibility and entitlement generally.

3511. Duration of educational assistance.

3512. Periods of eligibility.

3513. Application.

3514. Processing of applications.

SUBCHAPTER III - PROGRAM OF EDUCATION

3520. Educational and vocational counseling.

3521. Approval of application.

3523. Disapproval of enrollment in certain courses.

3524. Discontinuance for unsatisfactory progress.

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE PERSONS

3531. Educational assistance allowance.

3532. Computation of educational assistance allowance.

3533. Special assistance for the educationally

disadvantaged.

3534. Apprenticeship or other on-job training;

correspondence courses.

3535. Approval of courses.

3536. Specialized vocational training courses.

3537. Work-study allowance.

SUBCHAPTER V - SPECIAL RESTORATIVE TRAINING

3540. Purpose.

3541. Entitlement to special restorative training.

3542. Special training allowance.

3543. Special administrative provisions.

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

3561. Authority and duties of Secretary.

3562. Nonduplication of benefits.

3563. Notification of eligibility.

3564. Annual adjustment of amounts of educational

assistance.

SUBCHAPTER VII - PHILIPPINE COMMONWEALTH ARMY AND PHILIPPINE SCOUTS

3565. Children of certain Philippine veterans.

3566. Definitions.

AMENDMENTS

2000 - Pub. L. 106-419, title I, Sec. 111(f)(1)(B), Nov. 1, 2000,

114 Stat. 1831, added item 3564.

1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406,

renumbered items 1700 to 1766 as 3500 to 3566, respectively.

1989 - Pub. L. 101-237, title IV, Secs. 406(a)(2), 423(b)(1)(A),

Dec. 18, 1989, 103 Stat. 2082, 2092, added item 1737 and

substituted "Secretary" for "Administrator" in item 1761.

1988 - Pub. L. 100-689, title I, Sec. 124(c)(2), Nov. 18, 1988,

102 Stat. 4175, struck out items 1737 "Education loans" and 1738

"Accelerated payment of educational assistance allowances".

1986 - Pub. L. 99-576, title III, Sec. 314(b)(3), Oct. 28, 1986,

100 Stat. 3274, amended items 1720 and 1721 generally.

1977 - Pub. L. 95-202, title II, Sec. 201(c)(2), Nov. 23, 1977,

91 Stat. 1438, added item 1738.

1976 - Pub. L. 94-502, title III, Sec. 309(a), Oct. 15, 1976, 90

Stat. 2391, substituted "SURVIVORS' AND DEPENDENTS' EDUCATIONAL

ASSISTANCE" for "WAR ORPHANS' AND WIDOWS' EDUCATION ASSISTANCE" in

chapter heading.

1974 - Pub. L. 93-508, title III, Sec. 303(b), Dec. 3, 1974, 88

Stat. 1592, added item 1737.

1972 - Pub. L. 92-540, title IV, Sec. 405, Oct. 24, 1972, 86

Stat. 1091, substituted in item 1733 "Special assistance for the

educationally disadvantaged" for "Measurement of courses", in item

1734 "Apprenticeship or other on-job training; correspondence

courses" for "Overcharges by educational institutions", and in item

1736 "Specialized vocational training courses" for "Discontinuance

of allowances", and struck out item 1722 "Change of program", item

1725 "Period of operation for approval", and item 1737 "Specialized

vocational training courses".

1970 - Pub. L. 91-219, title II, Sec. 207(b), Mar. 26, 1970, 84

Stat. 82, inserted item 1763.

1968 - Pub. L. 90-631, Sec. 2(a)(2), (h)(1), Oct. 23, 1968, 82

Stat. 1332, 1333, inserted "AND WIDOWS' " after "WAR ORPHANS' " in

chapter heading, and added item 1700.

1966 - Pub. L. 89-613, Sec. 2, Sept. 30, 1966, 80 Stat. 862,

added heading of Subchapter VII "PHILIPPINE COMMONWEALTH ARMY AND

PHILIPPINE SCOUTS" and items 1765 and 1766.

Pub. L. 89-358, Sec. 3(a)(10), Mar. 3, 1966, 80 Stat. 21, struck

out items 1726, 1763 to 1768, and subchapter VII heading and items

1771 to 1778 thereunder.

1963 - Pub. L. 88-126, Sec. 5, Sept. 23, 1963, 77 Stat. 163,

added heading of Subchapter VII "STATE APPROVING AGENCIES" and

items 1771 to 1778.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 101, 103, 104, 111, 113,

1718, 1804, 3033, 3485, 3670, 3671, 3672, 3673, 3674, 3680, 3680A,

3681, 3682, 3683, 3684, 3685, 3687, 3688, 3689, 3690, 3692, 3693,

3694, 3695, 3696, 3697, 4213, 5113, 5313B of this title; title 2

section 905; title 5 sections 5569, 8525; title 10 sections 2182,

2185; title 20 section 1087vv; title 26 sections 25A, 135, 6334.

-End-

-CITE-

38 USC SUBCHAPTER I - DEFINITIONS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER I - DEFINITIONS

-HEAD-

SUBCHAPTER I - DEFINITIONS

-End-

-CITE-

38 USC Sec. 3500 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER I - DEFINITIONS

-HEAD-

Sec. 3500. Purpose

-STATUTE-

The Congress hereby declares that the educational program

established by this chapter is for the purpose of providing

opportunities for education to children whose education would

otherwise be impeded or interrupted by reason of the disability or

death of a parent from a disease or injury incurred or aggravated

in the Armed Forces after the beginning of the Spanish-American

War, and for the purpose of aiding such children in attaining the

educational status which they might normally have aspired to and

obtained but for the disability or death of such parent. The

Congress further declares that the educational program extended to

the surviving spouses of veterans who died of service-connected

disabilities and to spouses of veterans with a service-connected

total disability permanent in nature is for the purpose of

assisting them in preparing to support themselves and their

families at a standard of living level which the veteran, but for

the veteran's death or service disability, could have expected to

provide for the veteran's family.

-SOURCE-

(Added Pub. L. 90-631, Sec. 2(a)(1), Oct. 23, 1968, 82 Stat. 1331,

Sec. 1700; amended Pub. L. 94-502, title III, Sec. 310(1), Oct. 15,

1976, 90 Stat. 2391; renumbered Sec. 3500, Pub. L. 102-83, Sec.

5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1700 of this title as

this section.

1976 - Pub. L. 94-502 substituted "surviving spouses" for

"widows", "spouses" for "wives", and "the veteran's" for "his" in

two places.

EFFECTIVE DATE OF 1976 AMENDMENT

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.

EFFECTIVE DATE

Section 6(a) of Pub. L. 90-631 provided that: "The amendments

made by the first section and sections 2, 3, and 5 of this Act [see

Tables for classification] shall take effect on the first day of

the second calendar month which begins after the date of the

enactment of this Act [Oct. 23, 1968]."

-End-

-CITE-

38 USC Sec. 3501 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER I - DEFINITIONS

-HEAD-

Sec. 3501. Definitions

-STATUTE-

(a) For the purposes of this chapter and chapter 36 of this title

-

(1) The term "eligible person" means -

(A) a child of a person who -

(i) died of a service-connected disability,

(ii) has a total disability permanent in nature resulting

from a service-connected disability, or who died while a

disability so evaluated was in existence, or

(iii) at the time of application for benefits under this

chapter is a member of the Armed Forces serving on active

duty listed, pursuant to section 556 of title 37 and

regulations issued thereunder, by the Secretary concerned in

one or more of the following categories and has been so

listed for a total of more than ninety days: (A) missing in

action, (B) captured in line of duty by a hostile force, or

(C) forcibly detained or interned in line of duty by a

foreign government or power.

(B) the surviving spouse of any person who died of a

service-connected disability,

(C) the spouse of any member of the Armed Forces serving on

active duty who, at the time of application for benefits under

this chapter is listed, pursuant to section 556 of title 37 and

regulations issued thereunder, by the Secretary concerned in

one or more of the following categories and has been so listed

for a total of more than ninety days: (i) missing in action,

(ii) captured in line of duty by a hostile force, or (iii)

forcibly detained or interned in line of duty by a foreign

government or power, or

(D)(i) the spouse of any person who has a total disability

permanent in nature resulting from a service-connected

disability, or (ii) the surviving spouse of a veteran who died

while a disability so evaluated was in existence,

arising out of active military, naval, or air service after the

beginning of the Spanish-American War, but only if such service

did not terminate under dishonorable conditions. The standards

and criteria for determining whether or not a disability arising

out of such service is service connected shall be those

applicable under chapter 11 of this title.

(2) The term "child" includes individuals who are married and

individuals who are above the age of twenty-three years.

(3) The term "duty with the Armed Forces" as used in section

3512 of this title means (A) active duty, (B) active duty for

training for a period of six or more consecutive months, or (C)

active duty for training required by section 12103(d) of title

10.

(4) The term "guardian" includes a fiduciary legally appointed

by a court of competent jurisdiction, or any other person who has

been appointed by the Secretary under section 5502 of this title

to receive payment of benefits for the use and benefit of the

eligible person.

(5) The term "program of education" means any curriculum or any

combination of unit courses or subjects pursued at an educational

institution which is generally accepted as necessary to fulfill

the requirements for the attainment of a predetermined and

identified educational, professional, or vocational objective.

Such term also includes any preparatory course described in

section 3002(3)(B) of this title. Such term also includes

licensing or certification tests, the successful completion of

which demonstrates an individual's possession of the knowledge or

skill required to enter into, maintain, or advance in employment

in a predetermined and identified vocation or profession,

provided such tests and the licensing or credentialing

organizations or entities that offer such tests are approved by

the Secretary in accordance with section 3689 of this title.

(6) The term "educational institution" means any public or

private secondary school, vocational school, correspondence

school, business school, junior college, teachers' college,

college, normal school, professional school, university, or

scientific or technical institution, or any other institution if

it furnishes education at the secondary school level or above.

Such term also includes any private entity (that meets such

requirements as the Secretary may establish) that offers, either

directly or under an agreement with another entity (that meets

such requirements), a course or courses to fulfill requirements

for the attainment of a license or certificate generally

recognized as necessary to obtain, maintain, or advance in

employment in a profession or vocation in a high technology

occupation (as determined by the Secretary).

(7) The term "special restorative training" means training

furnished under subchapter V of this chapter.

(8) The term "total disability permanent in nature" means any

disability rated total for the purposes of disability

compensation which is based upon an impairment reasonably certain

to continue throughout the life of the disabled person.

(9) The term "training establishment" means any establishment

providing apprentice or other training on the job, including

those under the supervision of a college or university or any

State department of education, or any State apprenticeship

agency, or any State board of vocational education, or any joint

apprenticeship committee, or the Bureau of Apprenticeship and

Training established pursuant to the Act of August 16, 1937,

popularly known as the "National Apprenticeship Act" (29 U.S.C.

50 et seq.), or any agency of the Federal Government authorized

to supervise such training.

(10) The term "institution of higher learning" means a college,

university, or similar institution, including a technical or

business school, offering postsecondary level academic

instruction that leads to an associate or higher degree if the

school is empowered by the appropriate State education authority

under State law to grant an associate or higher degree. When

there is no State law to authorize the granting of a degree, the

school may be recognized as an institution of higher learning if

it is accredited for degree programs by a recognized accrediting

agency. Such term shall also include a hospital offering

educational programs at the postsecondary level without regard to

whether the hospital grants a postsecondary degree. Such term

shall also include an educational institution which is not

located in a State, which offers a course leading to a standard

college degree, or the equivalent, and which is recognized by the

secretary of education (or comparable official) of the country or

other jurisdiction in which the institution is located.

(11) The term "standard college degree" means an associate or

higher degree awarded by (A) an institution of higher learning

that is accredited as a collegiate institution by a recognized

regional or national accrediting agency; or (B) an institution of

higher learning that is a "candidate" for accreditation as that

term is used by the regional or national accrediting agencies; or

(C) an institution of higher learning upon completion of a course

which is accredited by an agency recognized to accredit

specialized degree-level programs. For the purpose of this

section, the accrediting agency must be one recognized by the

Secretary of Education under the provisions of section 3675 of

this title.

(b) If an eligible person has attained the person's majority and

is under no known legal disability, all references in this chapter

to "parent or guardian" shall refer to the eligible person.

(c) Any provision of this chapter which requires any action to be

taken by or with respect to the parent or guardian of an eligible

person who has not attained such person's majority, or who, having

attained such person's majority, is under a legal disability, shall

not apply when the Secretary determines that its application would

not be in the best interest of the eligible person, would result in

undue delay, or would not be administratively feasible. In such a

case the Secretary, where necessary to protect the interest of the

eligible person, may designate some other person (who may be the

eligible person) as the person by or with respect to whom the

action so required should be taken.

(d) No eligible person may be afforded educational assistance

under this chapter unless such person was discharged or released

after each period such person was on duty with the Armed Forces

under conditions other than dishonorable, or while such person is

on duty with the Armed Forces.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1193, Sec. 1701; Pub. L.

86-236, Sec. 1, Sept. 8, 1959, 73 Stat. 471; Pub. L. 86-785, Secs.

1-3, Sept. 14, 1960, 74 Stat. 1023; Pub. L. 88-361, Sec. 1, July 7,

1964, 78 Stat. 297; Pub. L. 89-222, Sec. 3, Sept. 30, 1965, 79

Stat. 896; Pub. L. 89-349, Sec. 1, Nov. 8, 1965, 79 Stat. 1313;

Pub. L. 89-358, Sec. 4(j), Mar. 3, 1966, 80 Stat. 24; Pub. L.

90-631, Sec. 2(b), (c), Oct. 23, 1968, 82 Stat. 1332; Pub. L.

91-24, Sec. 9(a), June 11, 1969, 83 Stat. 34; Pub. L. 91-584, Sec.

1, Dec. 24, 1970, 84 Stat. 1575; Pub. L. 92-540, title III, Sec.

309, Oct. 24, 1972, 86 Stat. 1083; Pub. L. 93-295, title III, Sec.

302, May 31, 1974, 88 Stat. 184; Pub. L. 94-502, title III, Secs.

302, 310(2)-(5), Oct. 15, 1976, 90 Stat. 2389, 2391; Pub. L.

96-466, title III, Sec. 327(a), title VIII, Sec. 801(c), Oct. 17,

1980, 94 Stat. 2197, 2216; Pub. L. 98-160, title VII, Sec. 702(12),

Nov. 21, 1983, 97 Stat. 1009; Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102-40, title

IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec.

3501 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406; Pub. L. 104-106, div. A, title XV, Sec.

1501(e)(2)(C), Feb. 10, 1996, 110 Stat. 501; Pub. L. 106-419, title

I, Secs. 114(a), 122(a), Nov. 1, 2000, 114 Stat. 1833; Pub. L.

107-103, title I, Secs. 108(a), 110(a), Dec. 27, 2001, 115 Stat.

985, 986.)

-REFTEXT-

REFERENCES IN TEXT

The National Apprenticeship Act, referred to in subsec. (a)(9),

is act Aug. 16, 1937, ch. 663, 50 Stat. 664, as amended which is

classified generally to chapter 4C (Sec. 50 et seq.) of Title 29,

Labor. For complete classification of this Act to the Code, see

Short Title note set out under section 50 of Title 29 and Tables.

-MISC1-

PRIOR PROVISIONS

Prior sections 3501 to 3505 were renumbered sections 6101 to 6105

of this title, respectively.

AMENDMENTS

2001 - Subsec. (a)(1)(D). Pub. L. 107-103, Sec. 108(a), inserted

cl. (i) designation after "(D)" and cl. (ii) designation after

"or".

Subsec. (a)(6). Pub. L. 107-103, Sec. 110(a), inserted at end

"Such term also includes any private entity (that meets such

requirements as the Secretary may establish) that offers, either

directly or under an agreement with another entity (that meets such

requirements), a course or courses to fulfill requirements for the

attainment of a license or certificate generally recognized as

necessary to obtain, maintain, or advance in employment in a

profession or vocation in a high technology occupation (as

determined by the Secretary)."

2000 - Subsec. (a)(5). Pub. L. 106-419, Sec. 122(a), inserted at

end "Such term also includes licensing or certification tests, the

successful completion of which demonstrates an individual's

possession of the knowledge or skill required to enter into,

maintain, or advance in employment in a predetermined and

identified vocation or profession, provided such tests and the

licensing or credentialing organizations or entities that offer

such tests are approved by the Secretary in accordance with section

3689 of this title."

Pub. L. 106-419, Sec. 114(a), inserted at end "Such term also

includes any preparatory course described in section 3002(3)(B) of

this title."

1996 - Subsec. (a)(3)(C). Pub. L. 104-106 substituted "section

12103(d) of title 10" for "section 511(d) of title 10".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1701 of this

title as this section.

Subsec. (a)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted "3512"

for "1712".

Subsec. (a)(4). Pub. L. 102-40 substituted "5502" for "3202".

Subsec. (a)(11). Pub. L. 102-83, Sec. 5(c)(1), substituted "3675"

for "1775".

1989 - Subsecs. (a)(4), (c). Pub. L. 101-237 substituted

"Secretary" for "Administrator" wherever appearing.

1983 - Subsec. (a)(1)(A)(iii), (C). Pub. L. 98-160, Sec.

702(12)(A), struck out ", United States Code," after "title 37" and

inserted a comma after "regulations issued thereunder".

Subsec. (a)(9). Pub. L. 98-160, Sec. 702(12)(B), substituted "the

Act of August 16, 1937, popularly known as the 'National

Apprenticeship Act' (29 U.S.C. 50 et seq.)" for "chapter 4C of

title 29".

1980 - Subsec. (a). Pub. L. 96-466, Sec. 801(c)(1), inserted "and

chapter 36 of this title" after "chapter" in introductory text.

Subsec. (a)(9). Pub. L. 96-466, Sec. 801(c)(2), substituted "The"

for "For the purposes of this chapter and chapter 36 of this title,

the".

Subsec. (a)(10). Pub. L. 96-466, Secs. 327(a), 801(c)(2),

substituted "The" for "For the purposes of this chapter and chapter

36 of this title, the" and inserted provision including within the

term "institution of higher learning" an educational institution

which is not located in a State, which offers a course leading to a

standard college degree, or the equivalent, and which is recognized

as such by the secretary of education (or comparable official) of

the country or other jurisdiction in which the institution is

located.

Subsec. (a)(11). Pub. L. 96-466, Sec. 801(c)(2), (3), substituted

"The" for "For the purposes of this chapter and chapter 36 of this

title, the" and "Secretary of Education" for "Commissioner of

Education".

1976 - Subsec. (a)(1). Pub. L. 94-502, Sec. 310(2), substituted

"surviving spouse" for "widow" and "spouse" for "wife" in two

places.

Subsec. (a)(10), (11). Pub. L. 94-502, Sec. 302, added pars.

(10), (11).

Subsec. (b). Pub. L. 94-502, Sec. 310(3), substituted "the

person's" for "his" and "the eligible person" for "the eligible

person himself".

Subsec. (c). Pub. L. 94-502, Sec. 310(4), substituted "such

person's" for "his" and "be the eligible person" for "be the

eligible person himself" in the parenthetical phrase.

Subsec. (d). Pub. L. 94-502, Sec. 310(5), substituted "such

person" for "he" in three places.

1974 - Subsec. (a)(4). Pub. L. 93-295 substituted "any other

person who has been appointed by the Administrator under section

3202 of this title to receive payment of benefits for the use and

benefit of the eligible person" for "any person who is determined

by the Administrator in accordance with section 3202 of this title

to be otherwise legally vested with the care of the eligible

person".

1972 - Subsec. (a)(6). Pub. L. 92-540, Sec. 309(1), inserted

reference to correspondence school within the definition of

"educational institution".

Subsec. (a)(9). Pub. L. 92-540, Sec. 309(2), added par. (9).

1970 - Subsec. (a)(1)(A). Pub. L. 91-584, Sec. 1(3), added cl.

(iii).

Subsec. (a)(1)(C), (D). Pub. L. 91-584, Sec. 1(5), (6), added

subpar. (C) and redesignated former subpar. (C) as (D).

1969 - Subsec. (a)(2). Pub. L. 91-24 substituted "the age of

twenty-three years" for "the age of twenty-one years".

1968 - Subsec. (a)(1). Pub. L. 90-631, Sec. 2(b), extended the

definition of "eligible person" to include the widow of any person

who died of a service-connected disability, or the wife of any

person who has a total disability permanent in nature resulting

from a service-connected disability, or the widow of a veteran who

died while a disability so evaluated was in existence.

Subsec. (d). Pub. L. 90-631, Sec. 2(c), substituted provisions

requiring that any eligible person seeking educational assistance

under this chapter to have been discharged or released after each

period he was on duty with the armed forces under conditions other

than dishonorable, or while he is on duty with the armed forces,

for provisions setting forth the purposes of educational assistance

programs established under this chapter.

1966 - Subsec. (a)(1). Pub. L. 89-358, Sec. 4(j)(3), struck out

"and prior to the end of the induction period" after

"Spanish-American War".

Subsec. (a)(3)(C). Pub. L. 89-358, Sec. 4(j)(1), substituted

"section 511(d) of title 10" for "section 1013(c)(1) of title 50".

Subsec. (a)(8) to (10). Pub. L. 89-358, Sec. 4(j)(2), struck out

par. (8) including the Canal Zone in the term "State" (now

incorporated in section 101(20) of this title) and par. (9)

defining "induction period" and redesignated par. (10) as (8).

Subsec. (d). Pub. L. 89-358, Sec. 4(j)(3), struck out "and prior

to the end of the induction period" after "Spanish-American War".

1965 - Subsec. (a)(1). Pub. L. 89-349, Sec. 1(a), (b), generally

amended par. (1) and, among other changes, substituted "after the

beginning of the Spanish-American War and prior to the end of the

induction period" for "during the Spanish-American War, World War

I, World War II, the Korean conflict, or the induction period" in

first sentence.

Pub. L. 89-222 substituted "such service" the second time it

appears for "service during the Spanish-American War, World War I,

World War II, or the Korean conflict" and struck out provisions

which prescribed the applicable standards and criteria for

determining whether or not a disability arising out of service

during the induction period is service-connected.

Subsec. (a)(9). Pub. L. 89-349, Sec. 1(c), struck out provisions

which included the period beginning Sept. 16, 1940, and ending Dec.

6, 1941, and the period beginning Jan. 1, 1947, and ending June 26,

1950, within the term "induction period".

Subsec. (d). Pub. L. 89-349, Sec. 1(d), substituted "after the

beginning of the Spanish-American War and prior to the end of the

induction period" for "during the Spanish-American War, World War

I, World War II, the Korean conflict, or the induction period".

1964 - Subsec. (a)(1). Pub. L. 88-361, Sec. 1(a), included the

child of a person who has a service-connected disability, or who

died while such disability existed.

Subsec. (a)(10). Pub. L. 88-361, Sec. 1(b), added par. (10).

Subsec. (d). Pub. L. 88-361, Sec. 1(c), inserted "disability or"

before "death" wherever appearing.

1960 - Subsec. (a)(1). Pub. L. 86-785, Sec. 1, substituted "the

Korean conflict, or the induction period" for "or the Korean

conflict", inserted "arising out of service during the

Spanish-American War, World War I, World War II, or the Korean

conflict" after "whether or not a disability", and inserted the

sentence relating to the criteria for determining whether a

disability arising out of service during the induction period is

service connected.

Subsec. (a)(9). Pub. L. 86-785, Sec. 2, added par. (9).

Subsec. (d). Pub. L. 86-785, Sec. 3, substituted "the Korean

conflict, or the induction period" for "or the Korean conflict".

1959 - Subsecs. (a)(1), (d). Pub. L. 86-236 inserted reference to

Spanish-American War.

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by section 110(a) of Pub. L. 107-103 applicable to

enrollments in courses beginning on or after Dec. 27, 2001, see

section 110(b) of Pub. L. 107-103, set out as a note under section

3452 of this title.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by section 122(a) of Pub. L. 106-419 effective Mar. 1,

2001, and applicable with respect to licensing and certification

tests approved by the Secretary of Veterans Affairs on or after

such date, see section 122(d) of Pub. L. 106-419, set out as a note

under section 3032 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section

802(c), (h) of Pub. L. 96-466, set out as a note under section 3452

of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

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.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-295 effective first day of second

calendar month following May 31, 1974, see section 401 of Pub. L.

93-295, set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-631 effective first day of second

calendar month which begins after Oct. 23, 1968, see section 6(a)

of Pub. L. 90-631, set out as an Effective Date note under section

3500 of this title.

ELIGIBLE PERSON

Pub. L. 86-785, Sec. 5, Sept. 14, 1960, 74 Stat. 1024, as amended

by Pub. L. 87-815, Sec. 2(b), Oct. 15, 1962, 76 Stat. 927, which

contained a savings clause which granted five years of educational

training to certain children of veterans dying of disabilities

incurred subsequent to the Korean War, was repealed by Pub. L.

91-24, Sec. 14(c), June 11, 1969, 83 Stat. 35, effective June 11,

1969, except as to any indebtedness which may be due the Government

as the result of any benefits granted thereunder.

CHILDREN OF SPANISH-AMERICAN WAR VETERANS

Period of eligibility for educational assistance of children of

Spanish-American War Veterans, see section 2 of Pub. L. 86-236, set

out as a note under section 3512 of this title.

TERMINATION OF ELIGIBILITY PERIOD

Termination of eligibility period for a wife or widow, or an

eligible person eight years from Oct. 24, 1972, see section 604 of

Pub. L. 92-540, set out as a note under section 3512 of this title.

The period referred to in section 1712 [now 3512] of this title

as ending five years from Nov. 8, 1965, in the case of any

individual who is an "eligible person" within the meaning of

subsec. (a)(1) of this section solely by virtue of the amendment

made by section 1 of Pub. L. 89-349 to this section, and who is

above the age of seventeen years and below the age of twenty-three

years on Nov. 8, 1965, see section 2 of Pub. L. 89-349, set out as

a note under section 3512 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3511, 3512, 3532, 3540,

3563, 3565, 3686, 3687, 3689, 5113 of this title; title 5 section

5924.

-End-

-CITE-

38 USC SUBCHAPTER II - ELIGIBILITY AND ENTITLEMENT 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER II - ELIGIBILITY AND ENTITLEMENT

-HEAD-

SUBCHAPTER II - ELIGIBILITY AND ENTITLEMENT

-End-

-CITE-

38 USC Sec. 3510 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER II - ELIGIBILITY AND ENTITLEMENT

-HEAD-

Sec. 3510. Eligibility and entitlement generally

-STATUTE-

Each eligible person shall, subject to the provisions of this

chapter, be entitled to receive educational assistance.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1194, Sec. 1710;

renumbered Sec. 3510, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105

Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1710 of this title as

this section.

-End-

-CITE-

38 USC Sec. 3511 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER II - ELIGIBILITY AND ENTITLEMENT

-HEAD-

Sec. 3511. Duration of educational assistance

-STATUTE-

(a)(1) Each eligible person shall be entitled to educational

assistance under this chapter for a period not in excess of 45

months (or to the equivalent thereof in part-time training). In no

event may the aggregate educational assistance afforded to a spouse

made eligible under both 3501(a)(1)(D)(i) (!1) and

3501(a)(1)(D)(ii) of this title exceed 45 months.

(2)(A) Notwithstanding any other provision of this chapter or

chapter 36 of this title, any payment of an educational assistance

allowance described in subparagraph (B) of this paragraph shall not

-

(i) be charged against the entitlement of any individual under

this chapter; or

(ii) be counted toward the aggregate period for which section

3695 of this title limits an individual's receipt of assistance.

(B) The payment of the educational assistance allowance referred

to in subparagraph (A) of this paragraph is the payment of such an

allowance to an individual for pursuit of a course or courses under

this chapter if the Secretary finds that the individual -

(i) had to discontinue such course pursuit as a result of being

ordered to serve on active duty under section 688, 12301(a),

12301(d), 12301(g), 12302, or 12304 of title 10; and

(ii) failed to receive credit or training time toward

completion of the individual's approved educational,

professional, or vocational objective as a result of having to

discontinue, as described in clause (i) of this subparagraph, his

or her course pursuit.

(C) The period for which, by reason of this subsection, an

educational assistance allowance is not charged against entitlement

or counted toward the applicable aggregate period under section

3695 of this title shall not exceed the portion of the period of

enrollment in the course or courses for which the individual failed

to receive credit or with respect to which the individual lost

training time, as determined under subparagraph (B)(ii) of this

paragraph.

(b) If any eligible person pursuing a program of education, or of

special restorative training, under this chapter ceases to be an

"eligible person" because -

(1) the parent or spouse from whom eligibility is derived is

found no longer to have a "total disability permanent in nature",

as defined in section 3501(a)(8) of this title,

(2) the parent or spouse from whom eligibility is derived based

upon the provisions of section 3501(a)(1)(A)(iii) or

3501(a)(1)(C) of this title is no longer listed in one of the

categories specified therein, or

(3) the spouse, as an eligible person under section

3501(a)(1)(D) of this title, is divorced, without fault on such

person's part, from the person upon whose disability such

person's eligibility is based,

then such eligible person (if such person has sufficient remaining

entitlement) may, nevertheless, be afforded educational assistance

under this chapter until the end of the quarter or semester for

which enrolled if the educational institution in which such person

is enrolled is operated on a quarter or semester system, or if the

educational institution is not so operated until the end of the

course, or until 12 weeks have expired, whichever first occurs.

(c) Any entitlement used by an eligible person as a result of

eligibility under section 3501(a)(1)(A)(iii), 3501(a)(1)(C), or

3501(a)(1)(D)(i) of this title shall be deducted from any

entitlement to which such person may subsequently be entitled under

this chapter.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1194, Sec. 1711; Pub. L.

88-361, Sec. 2, July 7, 1964, 78 Stat. 297; Pub. L. 89-358, Sec.

4(k), Mar. 3, 1966, 80 Stat. 24; Pub. L. 90-631, Secs. 1(c), 2(d),

Oct. 23, 1968, 82 Stat. 1331, 1332; Pub. L. 91-24, Sec. 9(b), June

11, 1969, 83 Stat. 34; Pub. L. 91-584, Sec. 2, Dec. 24, 1970, 84

Stat. 1575; Pub. L. 94-502, title III, Secs. 303, 310(6), Oct. 15,

1976, 90 Stat. 2390, 2391; renumbered Sec. 3511 and amended Pub. L.

102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L.

102-127, Sec. 2(c), Oct. 10, 1991, 105 Stat. 620; Pub. L. 107-103,

title I, Secs. 103(a), 108(b)(1), (c)(1), Dec. 27, 2001, 115 Stat.

979, 985.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-103, Sec. 108(c)(1), inserted

at end "In no event may the aggregate educational assistance

afforded to a spouse made eligible under both 3501(a)(1)(D)(i) and

3501(a)(1)(D)(ii) of this title exceed 45 months."

Subsec. (a)(2)(B)(i). Pub. L. 107-103, Sec. 103(a), substituted

"to serve on active duty under section 688, 12301(a), 12301(d),

12301(g), 12302, or 12304 of title 10;" for ", in connection with

the Persian Gulf War, to serve on active duty under section 672(a),

(d), or (g), 673, 673b, or 688 of title 10;".

Subsec. (c). Pub. L. 107-103, Sec. 108(b)(1), added subsec. (c).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1711 of this

title as this section.

Subsec. (a). Pub. L. 102-127 designated existing provisions as

par. (1) and added par. (2).

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3501(a)(8)" for "1701(a)(8)" in par. (1), "3501(a)(1)(A)(iii) or

3501(a)(1)(C)" for "1701(a)(1)(A)(iii) or 1701(a)(1)(C)" in par.

(2), and "3501(a)(1)(D)" for "1701(a)(1)(D)" in par. (3).

1976 - Subsec. (a). Pub. L. 94-502, Sec. 303(1), substituted "45

months" for "thirty-six months".

Subsec. (b). Pub. L. 94-502, Secs. 303(2), 310(6), substituted

"the spouse" for "she", "such person's" for "her" in two places,

"such person" for "he or she" in two places, and "12 weeks" for

"nine weeks".

1970 - Subsec. (b). Pub. L. 91-584 added par. (2), redesignated

former par. (2) as (3), and substituted "1701(a)(1)(D)" for

"1701(a)(1)(C)".

1969 - Subsec. (b)(1). Pub. L. 91-24 substituted "section

1701(a)(8) of this title" for "section 1701(a)(10) of this title".

1968 - Subsec. (b). Pub. L. 90-631, Secs. 1(c), 2(d),

redesignated subsec. (d) as (b) and extended applicability of

subsec. from any child pursuing a program of education or training

to any eligible person pursuing such program, and expanded causes

of persons ceasing to be "eligible persons" to include spouses no

longer found to have a "total disability permanent in nature" as

defined under section 1701(a)(10) of this title, and the

individual, as an eligible person under section 1701(a)(1)(C) of

this title, is divorced, without fault on her part, from the person

upon whose disability her eligibility is based. Former subsec. (b),

setting forth reductions in the period of entitlement of an

eligible person, was struck out.

Subsec. (c). Pub. L. 90-631, Sec. 1(c), struck out subsec. (c)

which required an eligible person to elect either educational

assistance or vocational rehabilitation when such person is

entitled to both, or becomes entitled to vocational rehabilitation

after receiving educational assistance.

Subsec. (d). Pub. L. 90-631, Sec. 1(c), redesignated subsec. (d)

as (b).

1966 - Subsec. (b). Pub. L. 89-358 substituted "34" for "33" and

inserted "or under chapter 33 of this title as in effect before

February 1, 1965".

1964 - Subsec. (d). Pub. L. 88-361 added subsec. (d).

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by section 103(a) of Pub. L. 107-103 effective Sept.

11, 2001, see section 103(e) of Pub. L. 107-103, set out as a note

under section 3013 of this title.

Pub. L. 107-103, title I, Sec. 108(c)(4), Dec. 27, 2001, 115

Stat. 985, provided that: "The amendments made by this subsection

[amending this section and section 3512 of this title] shall apply

with respect to any determination (whether administrative or

judicial) of the eligibility of a spouse or surviving spouse for

educational assistance under chapter 35 of title 38, United States

Code, made on or after the date of the enactment of this Act [Dec.

27, 2001], whether pursuant to an original claim for such

assistance or pursuant to a reapplication or attempt to reopen or

readjudicate a claim for such assistance."

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by sections 303 and 310(6) of Pub. L. 94-502 effective

Oct. 1, 1976, and Oct. 15, 1976, respectively, see section 703(a),

(b) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-631 effective first day of second

calendar month which begins after Oct. 23, 1968, see section 6(a)

of Pub. L. 90-631, set out as an Effective Date note under section

3500 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3512, 3533, 3541 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be preceded by "sections".

-End-

-CITE-

38 USC Sec. 3512 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER II - ELIGIBILITY AND ENTITLEMENT

-HEAD-

Sec. 3512. Periods of eligibility

-STATUTE-

(a) The educational assistance to which an eligible person

(within the meaning of section 3501(a)(1)(A) of this title) is

entitled under section 3511 of this title or subchapter V of this

chapter may be afforded the person during the period beginning on

the person's eighteenth birthday, or on the successful completion

of the person's secondary schooling, whichever first occurs, and

ending on the person's twenty-sixth birthday, except that -

(1) if the person is above the age of compulsory school

attendance under applicable State law, and the Secretary

determines that the person's best interests will be served

thereby, such period may begin before the person's eighteenth

birthday;

(2) if the person has a mental or physical handicap, and the

Secretary determines that the person's best interests will be

served by pursuing a program of special restorative training or a

specialized course of vocational training approved under section

3536 of this title, such period may begin before the person's

eighteenth birthday, but not before the person's fourteenth

birthday;

(3) if the Secretary first finds that the parent from whom

eligibility is derived has a service-connected total disability

permanent in nature, or if the death of the parent from whom

eligibility is derived occurs, after the eligible person's

eighteenth birthday but before the person's twenty-sixth

birthday, then (unless paragraph (4) or (5) applies) such period

shall end 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 -

(A) the Secretary approves that beginning date;

(B) the eligible person elects that beginning date by not

later than the end of the 60-day period beginning on the date

on which the Secretary provides written notice to that person

of that person's opportunity to make such election, such notice

including a statement of the deadline for the election imposed

under this subparagraph; and

(C) that beginning date -

(i) in the case of a person whose eligibility is based on a

parent who has a service-connected total disability permanent

in nature, is the date determined pursuant to subsection (d),

or any date between the two dates described in subsection

(d); and

(ii) in the case of a person whose eligibility is based on

the death of a parent, is between -

(I) the date of the parent's death; and

(II) the date of the Secretary's decision that the death

was service-connected;

(4) if the person otherwise eligible under paragraph (3) fails

to elect a beginning date of entitlement in accordance with that

paragraph, the beginning date of the person's entitlement shall

be the date of the Secretary's decision that the parent has a

service-connected total disability permanent in nature, or that

the parent's death was service-connected, whichever is

applicable;

(5) if the person serves on duty with the Armed Forces as an

eligible person after the person's eighteenth birthday but before

the person's twenty-sixth birthday, then such period shall end 8

years after the person's first discharge or release from such

duty with the Armed Forces (excluding from such 8 years all

periods during which the eligible person served on active duty

before August 1, 1962, pursuant to (A) a call or order thereto

issued to the person as a Reserve after July 30, 1961, or (B) an

extension of enlistment, appointment, or period of duty with the

Armed Forces pursuant to section 2 of Public Law 87-117);

however, in no event shall such period be extended beyond the

person's thirty-first birthday by reason of this paragraph;

(6) if the person becomes eligible by reason of the provisions

of section 3501(a)(1)(A)(iii) of this title after the person's

eighteenth birthday but before the person's twenty-sixth

birthday, then (unless paragraph (5) applies) such period shall

end eight years after the date on which the person becomes

eligible by reason of such provisions, but in no event shall such

period be extended beyond the person's thirty-first birthday by

reason of this clause;

(7)(A) if such person is enrolled in an educational institution

regularly operated on the quarter or semester system and such

period ends during a quarter or semester, such period shall be

extended to the end of the quarter or semester; or

(B) if such person is enrolled in an educational institution

operated on other than a quarter or semester system and such

period ends after a major portion of the course is completed,

such period shall be extended to the end of the course, or until

12 weeks have expired, whichever first occurs; and

(8) if the person is pursuing a preparatory course described in

section 3002(3)(B) of this title, such period may begin on the

date that is the first day of such course pursuit,

notwithstanding that such date may be before the person's

eighteenth birthday, except that in no case may such person be

afforded educational assistance under this chapter for pursuit of

secondary schooling unless such course pursuit would otherwise be

authorized under this subsection.

(b)(1)(A) Except as provided in subparagraph (B), a person made

eligible by subparagraph (B) or (D) of section 3501(a)(1) of this

title may be afforded educational assistance under this chapter

during the 10-year period beginning on the date (as determined by

the Secretary) the person becomes an eligible person within the

meaning of section 3501(a)(1)(B), 3501(a)(1)(D)(i), or

3501(a)(1)(D)(ii) of this title. In the case of a surviving spouse

made eligible by clause (ii) of section 3501(a)(1)(D) of this

title, the 10-year period may not be reduced by any earlier period

during which the person was eligible for educational assistance

under this chapter as a spouse made eligible by clause (i) of that

section.

(B) Notwithstanding subparagraph (A), an eligible person referred

to in that subparagraph may, subject to the Secretary's approval,

elect a later beginning date for the 10-year period than would

otherwise be applicable to the person under that subparagraph. The

beginning date so elected may be any date between the beginning

date determined for the person under subparagraph (A) and whichever

of the following dates applies:

(i) The date on which the Secretary notifies the veteran from

whom eligibility is derived that the veteran has a

service-connected total disability permanent in nature.

(ii) The date on which the Secretary determines that the

veteran from whom eligibility is derived died of a

service-connected disability.

(2) Notwithstanding the provisions of paragraph (1) of this

subsection, in the case of any eligible person (as defined in

section 3501(a)(1)(B), (C), or (D) of this title) who was prevented

from initiating or completing such person's chosen program of

education within such period because of a physical or mental

disability which was not the result of such person's own willful

misconduct, such person shall, upon application 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) October 1, 1980, whichever is

the latest, be granted an extension of the applicable delimiting

period for such length of time as the Secretary determines, from

the evidence, that such person was so prevented from initiating or

completing such program of education. When an extension of the

applicable delimiting period is granted under the exception in the

preceding sentence, the delimiting period will again begin running

on the first day following such eligible person's recovery from

such disability on which it is reasonably feasible, as determined

in accordance with regulations which the Secretary shall prescribe,

for such eligible person to initiate or resume pursuit of a program

of education with educational assistance under this chapter.

(c) 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

subsection if (1) such person suspends pursuit of such person's

program of education after having enrolled in such program within

the time period applicable to such person under such subsection,

(2) such person is unable to complete such program after the period

of suspension and before attaining the age limitation applicable to

such person under such subsection, and (3) the Secretary finds that

the suspension was due to conditions beyond the control of such

person; but in no event shall educational assistance be afforded

such person by reason of this subsection beyond the age limitation

applicable to such person under subsection (a) of this section plus

a period of time equal to the period such person was required to

suspend the pursuit of such person's program, or beyond such

person's thirty-first birthday, whichever is earlier.

(d) The term "first finds" as used in this section means the

effective date of the rating or date of notification to the veteran

from whom eligibility is derived establishing a service-connected

total disability permanent in nature whichever is more advantageous

to the eligible person.

(e) No person made eligible by section 3501(a)(1)(C) of this

title may be afforded educational assistance under this chapter

beyond 10 years after the date on which the spouse was listed by

the Secretary concerned in one of the categories referred to in

such section or December 24, 1970, whichever last occurs.

(f) Any eligible person (as defined in section 3501(a)(1)(B),

(C), or (D) of this chapter) shall be entitled to an additional

period of eligibility for an education loan under subchapter III of

chapter 36 of this title beyond the maximum period provided for in

this section pursuant to the same terms and conditions set forth

with respect to an eligible veteran in section 3462(a)(2) of this

title.

[(g) Repealed. Pub. L. 107-103, title I, Sec. 108(b)(2), Dec. 27,

2001, 115 Stat. 985.]

(h) Notwithstanding any other provision of this section, if an

eligible person, during the delimiting period otherwise applicable

to such person under this section, serves on active duty pursuant

to an order to active duty issued under section 688, 12301(a),

12301(d), 12301(g), 12302, or 12304 of title 10, such person shall

be granted an extension of such delimiting period for the length of

time equal to the period of such active duty plus four months.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1194, Sec. 1712; Pub. L.

87-815, Sec. 2(a), Oct. 15, 1962, 76 Stat. 926; Pub. L. 87-819,

Sec. 2, Oct. 15, 1962, 76 Stat. 935; Pub. L. 88-361, Sec. 3, July

7, 1964, 78 Stat. 297; Pub. L. 90-77, title III, Sec. 307(a), Aug.

31, 1967, 81 Stat. 189; Pub. L. 90-631, Sec. 2(e), Oct. 23, 1968,

82 Stat. 1333; Pub. L. 91-219, title II, Sec. 208, Mar. 26, 1970,

84 Stat. 83; Pub. L. 91-584, Sec. 3, Dec. 24, 1970, 84 Stat. 1575;

Pub. L. 92-540, title IV, Sec. 402(1), Oct. 24, 1972, 86 Stat.

1090; Pub. L. 93-337, Sec. 2, July 10, 1974, 88 Stat. 292; Pub. L.

94-502, title III, Secs. 304, 310(7)-(9), Oct. 15, 1976, 90 Stat.

2390, 2391; Pub. L. 95-202, title II, Sec. 203(a)(2), (b)(2), Nov.

23, 1977, 91 Stat. 1439, 1440; Pub. L. 96-466, title III, Secs.

321, 322, Oct. 17, 1980, 94 Stat. 2195; Pub. L. 97-66, title VI,

Sec. 605(a), Oct. 17, 1981, 95 Stat. 1036; Pub. L. 97-295, Sec.

4(44), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 98-160, title VII,

Sec. 702(13), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 99-576, title

III, Sec. 313, Oct. 28, 1986, 100 Stat. 3273; Pub. L. 101-237,

title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092;

renumbered Sec. 3512 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406; Pub. L. 106-419, title I, Secs. 112,

114(b), Nov. 1, 2000, 114 Stat. 1831, 1833; Pub. L. 107-14, Secs.

7(f)(1), 8(a)(6), June 5, 2001, 115 Stat. 33, 34; Pub. L. 107-103,

title I, Secs. 103(b), 108(b)(2), (c)(2), (3), Dec. 27, 2001, 115

Stat. 979, 985; Pub. L. 107-330, title III, Sec. 308(e)(1), Dec. 6,

2002, 116 Stat. 2828.)

-REFTEXT-

REFERENCES IN TEXT

Section 2 of Public Law 87-117 [75 Stat. 242], referred to in

subsec. (a)(5), was set out as a note under former section 263 of

Title 10, Armed Forces.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-330, Sec. 308(e)(1)(A)(i),

substituted "paragraph (4) or (5)" for "paragraph (4)" in

introductory provisions.

Subsec. (a)(3)(C)(i). Pub. L. 107-330, Sec. 308(e)(1)(A)(ii),

substituted "subsection (d), or any date between the two dates

described in subsection (d)" for "subsection (d)".

Subsec. (a)(4) to (8). Pub. L. 107-330, Sec. 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).

2001 - Subsec. (a)(3)(B). Pub. L. 107-14, Sec. 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".

Subsec. (a)(3)(C)(i). Pub. L. 107-14, Sec. 7(f)(1)(B),

substituted "the date determined pursuant to" for "between the

dates described in".

Subsec. (a)(5). Pub. L. 107-14, Sec. 8(a)(6)(A), substituted

"paragraph (4)" for "clause (4) of this subsection".

Subsec. (b)(1). Pub. L. 107-103, Sec. 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 last occurs:

"(A) The date on which the Secretary first finds the spouse

from whom eligibility is derived has a service-connected total

disability permanent in nature.

"(B) The date of death of the spouse from whom eligibility is

derived who dies while a total disability evaluated as permanent

in nature was in existence.

"(C) The date on which the Secretary determines that the spouse

from whom eligibility is derived died of a service-connected

disability."

Subsec. (b)(2). Pub. L. 107-14, Sec. 8(a)(6)(B), substituted

"willful" for "willfull".

Subsec. (b)(3). Pub. L. 107-103, Sec. 108(c)(3), struck out par.

(3) which read as follows:

"(3)(A) Notwithstanding the provisions of paragraph (1) of this

subsection, any eligible person (as defined in clause (B) or (D) of

section 3501(a)(1) of this title) may, subject to the approval of

the Secretary, be permitted to elect a date referred to in

subparagraph (B) of this paragraph to commence receiving

educational assistance benefits under this chapter. The date so

elected shall be the beginning date of the delimiting period

applicable to such person under this section.

"(B) The date which an eligible person may elect under

subparagraph (A) of this paragraph is any date during the period

beginning on the date the person became an eligible person within

the meaning of clause (B) or (D) of section 3501(a)(1) of this

title and ending on the date determined under subparagraph (A),

(B), or (C) of paragraph (1) of this subsection to be applicable to

such person."

Subsec. (g). Pub. L. 107-103, Sec. 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 person may subsequently become

entitled under the provisions of this chapter."

Subsec. (h). Pub. L. 107-103, Sec. 103(b), added subsec. (h).

2000 - Subsec. (a)(3). Pub. L. 106-419, Sec. 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 date on which the

Secretary first finds that the parent from whom eligibility is

derived has a service-connected total disability permanent in

nature, or (B) the date of death of the parent from whom

eligibility is derived;".

Subsec. (a)(7). Pub. L. 106-419, Sec. 114(b), added par. (7).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1712 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 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).

Subsec. (b). Pub. L. 102-83, Sec. 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).

Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3501(a)(1)(C)" for "1701(a)(1)(C)".

Subsec. (f). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3501(a)(1)(B)" for "1701(a)(1)(B)" and "3462(a)(2)" for

"1662(a)(2)".

Subsec. (g). Pub. L. 102-83, Sec. 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)".

1989 - Subsecs. (a)(1) to (3), (b)(1)(A), (C), (2), (3)(A), (c).

Pub. L. 101-237 substituted "Secretary" for "Administrator"

wherever appearing.

1986 - Subsec. (b)(3). Pub. L. 99-576 added par. (3).

1983 - Subsec. (b)(2)(C). Pub. L. 98-160 substituted "October 1,

1980" for "the effective date of the Veterans' Rehabilitation and

Education Amendments of 1980".

1982 - Subsec. (a). Pub. L. 97-295, Sec. 4(44)(A), inserted "of

this title" after "section 1701(a)(1)(A)", and inserted a colon

after "last occurs" in cl. (3).

Subsec. (b). Pub. L. 97-295, Sec. 4(44)(B), substituted "of this

title" for "of this chapter" wherever appearing.

Subsec. (e). Pub. L. 97-295, Sec. 4(44)(C), substituted "December

24, 1970" for "the date of enactment of this subsection".

1981 - Subsec. (b)(1). 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 spouse from whom eligibility is

derived who dies while a total disability evaluated as permanent in

nature was in existence" for "the date of death of the spouse from

whom eligibility is derived" in subpar. (B), and added subpar. (C).

1980 - Subsec. (a)(5), (6). Pub. L. 96-466, Sec. 321, added cl.

(5) and redesignated former cl. (5) as (6).

Subsec. (b)(2). Pub. L. 96-466, Sec. 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 Amendments of 1980,

whichever is the latest" after "application", inserted "so" after

"that such veteran was", and inserted provision relating to the

running of the delimiting period when an extension of the

applicable delimiting period is granted an eligible person.

1977 - Subsec. (b). Pub. L. 95-202, Sec. 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).

Subsecs. (f), (g). Pub. L. 95-202, Sec. 203(b)(2), added subsec.

(f) and redesignated former subsec. (f) as (g).

1976 - Subsec. (a). Pub. L. 94-502, Secs. 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 quarter or

semester" for "the last half of a quarter or semester", "period

ends after a major portion of the course is completed" for "periods

ends during the last half of the course", and "12 weeks" for "nine

weeks".

Subsec. (c). Pub. L. 94-502, Sec. 310(8), substituted "such

person" for "him" and "he" wherever appearing, and "such person's"

for "his" wherever appearing.

Subsec. (d). Pub. L. 94-502, Sec. 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 his application,

whichever was later, and the date of approval of his application,

but in no event beyond his thirty-first birthday. Former subsec.

(e) redesignated (d).

Subsec. (e). Pub. L. 94-502, Secs. 304(3), 310(9), redesignated

subsec. (f) as (e) and substituted "the spouse" for "her spouse".

Former subsec. (e) redesignated (d).

Subsecs. (f), (g). Pub. L. 94-502, Secs. 304(3), 310(9),

redesignated subsec. (g) as (f) and substituted "such person" for

"he". Former subsec. (f) redesignated (e).

1974 - Subsec. (b). Pub. L. 93-337, Sec. 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".

Subsec. (f). Pub. L. 93-337, Sec. 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".

1972 - Subsec. (a)(2). Pub. L. 92-540 substituted reference to

section 1736 of this title for reference to section 1737 of this

title.

1970 - Subsec. (a)(3). Pub. L. 91-219, Sec. 208(1), substituted

"last occurs" for "first occurs".

Subsec. (b). Pub. L. 91-584, Sec. 3(1), substituted

"1701(a)(1)(B) or (D)" for "1701(a)(1)(B) or (C)".

Subsec. (e). Pub. L. 91-219, Sec. 208(2), added subsec. (e).

Subsecs. (f), (g). Pub. L. 91-584, Sec. 3(2), added subsecs. (f)

and (g).

1968 - Subsec. (a). Pub. L. 90-631, Sec. 2(e)(1), inserted

"(within the meaning of section 1701(a)(1)(A))" after "to which an

eligible person".

Subsec. (b). Pub. L. 90-631, Sec. 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 afforded educational

assistance under this chapter unless he was discharged or released

after each period he was on duty with the armed forces under

conditions other than dishonorable, or while he is on duty with the

armed forces.

1967 - Subsec. (a). Pub. L. 90-77 substituted "twenty-sixth" for

"twenty-third" birthday in text preceding cl. (1) and in cls. (3)

and (4).

1964 - Subsec. (a)(3). Pub. L. 88-361, Sec. 3(a), inserted

provisions relating to parents with a service-connected total

disability permanent in nature.

Subsec. (d). Pub. L. 88-361, Sec. 3(b), added subsec. (d).

1962 - Subsec. (a). 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 call as a Reserve

after July 30, 1961, or an extension of duty pursuant to Pub. L.

87-117, and redesignated former cl. (4) as (5).

Subsec. (c). Pub. L. 87-819 added subsec. (c).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-330, title III, Sec. 308(e)(2), Dec. 6, 2002, 116

Stat. 2828, provided that: "The amendments made by this subsection

[amending this section] shall take effect November 1, 2000."

EFFECTIVE DATE OF 2001 AMENDMENTS

Amendment by section 103(b) of Pub. L. 107-103 effective Sept.

11, 2001, see section 103(e) of Pub. L. 107-103, set out as a note

under section 3013 of this title.

Amendment by section 108(c)(2), (3) of Pub. L. 107-103 applicable

with respect to any determination, whether administrative or

judicial, of the eligibility of a spouse or surviving spouse for

educational assistance under this chapter made on or after Dec. 27,

2001, whether pursuant to an original claim for such assistance or

pursuant to a reapplication or attempt to reopen or readjudicate a

claim for such assistance, see section 108(c)(4) of Pub. L.

107-103, set out as a note under section 3511 of this title.

Pub. L. 107-14, Sec. 7(f)(2), June 5, 2001, 115 Stat. 34,

provided that: "The amendments made by paragraph (1) [amending this

section] shall take effect as if enacted on November 1, 2000,

immediately after the enactment of the Veterans Benefits and Health

Care Improvement Act of 2000 [Public Law 106-419]."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-66 effective Oct. 17, 1981, see section

701(b)(1) of Pub. L. 97-66, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment 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 AMENDMENT

Amendment by Pub. L. 95-202 effective retroactively to May 31,

1976, see section 501 of Pub. L. 95-202, set out as a note under

section 101 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by sections 304 and 310(7)-(9) of Pub. L. 94-502

effective Oct. 1, 1976, and Oct. 15, 1976, respectively, see

section 703(a), (b) of Pub. L. 94-502, set out as an Effective Date

note under section 3693 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-631 effective first day of second

calendar month which begins after Oct. 23, 1968, see section 6(a)

of Pub. L. 90-631, set out as an Effective Date note under section

3500 of this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-77 effective first day of first calendar

month which begins more than ten days after Aug. 31, 1967, see

section 405 of Pub. L. 90-77, set out as a note under section 101

of this title.

TERMINATION OF ELIGIBILITY PERIOD FOR A WIFE, WIDOW, OR ELIGIBLE

PERSON

Section 604 of Pub. L. 92-540, as amended by Pub. L. 93-337, Sec.

3, July 10, 1974, 88 Stat. 292, provided that a wife or widow who

was eligible to pursue a program of education exclusively by

correspondence under section 1786 [now 3686] of this title or

entitled to the benefits of section 1733(a) [now 3533(a)] of this

title, had 10 years from Oct. 24, 1972, to complete such program of

education or receive such benefits and provided that an eligible

person, as defined in section 1701(a)(1) [now 3501(a)(1)] of this

title, who was entitled to pursue a program of apprenticeship or

other on-job training under section 1787 [now 3687] of this title

had 10 years from Oct. 24, 1972, to complete such program or

training.

COMMENCEMENT OF DELIMITING PERIOD IN CASES OF DEATH OR OF

SERVICE-CONNECTED TOTAL DISABILITY PERMANENT IN NATURE OCCURRING

BEFORE DECEMBER 1, 1968

Section 2(f) of Pub. L. 90-631, as amended Pub. L. 97-66, title

VI, Sec. 605(b), Oct. 17, 1981, 95 Stat. 1036, provided that in the

case of any person who was an eligible person by reason of section

1701(a)(1)(B) or (D) [now 3501(a)(1)(B) or (D)] of this title, if

the date of death or the date of the determination of

service-connected total disability permanent in nature of the

person from whom eligibility was derived occurred before Dec. 1,

1968, the 10-year delimiting period referred to in subsec. (b)(1)

of this section was to run from such date and provided that if the

death of the person from whom such eligibility was derived occurred

before Dec. 1, 1968, and the date on which the Administrator of

Veterans' Affairs determined that such person died of a

service-connected disability was later than Dec. 1, 1968, the

delimiting period referred to in subsec. (b)(1) of this section was

to run from the date on which the Administrator made such

determination.

TERMINATION OF ELIGIBILITY PERIODS

Section 307(b) of Pub. L. 90-77 provided that anyone made

eligible for educational assistance under this chapter by Pub. L.

90-77, and who, on the effective date of Pub. L. 90-77, was below

the age of twenty-six, was to remain eligible for said assistance

until the expiration of the five year period beginning on the

effective date of Pub. L. 90-77 as set out in the Effective Date of

1967 Amendment note under section 101 of this title, excluding from

such period any time which elapsed between applying for the

assistance and the determination of eligibility by the

Administrator of Veterans' Affairs, and also provided that the

period of eligibility was to terminate regardless of the five year

period when the eligible person reached the age of thirty-one.

Pub. L. 89-349, Sec. 2, Nov. 8, 1965, 79 Stat. 1313, provided

that anyone made eligible for educational assistance under section

1701 [now 3501] of this title by reason of the amendment of that

section by Pub. L. 89-349, and who was between the ages of

seventeen and twenty-three on Nov. 8, 1965, was to remain eligible

for said assistance until the expiration of the five year period

beginning on Nov. 8, 1965.

Section 5 of Pub. L. 88-361 provided that anyone made eligible

for educational assistance under section 1701 [now 3501] of this

title by reason of the amendment of that section by Pub. L. 88-361,

and who was between the ages of seventeen and twenty-three on July

7, 1964, was to remain eligible for said assistance until the

expiration of the five year period beginning on July 7, 1964,

excluding from such period any time which elapsed between applying

for the assistance and the determination of eligibility by the

Administrator of Veterans' Affairs, and also provided that the

period of eligibility was to terminate regardless of the five year

period when the eligible person reached the age of thirty-one.

EXTENSION OF PERIOD FOR COMPLETION OF EDUCATION

Pub. L. 87-377, Sec. 2, Oct. 4, 1961, 75 Stat. 806, which

contained a savings clause which granted five years of educational

training to certain children in the Philippines, was repealed by

Pub. L. 91-24, Sec. 14(d), June 11, 1969, 83 Stat. 35, effective

June 11, 1969, except as to any indebtedness which may be due the

Government as the result of any benefits granted thereunder.

CHILDREN OF SPANISH-AMERICAN WAR VETERANS

Pub. L. 86-236, Sec. 2, Sept. 8, 1959, 73 Stat. 471, as amended

by Pub. L. 87-815, Sec. 2(b), Oct. 15, 1962, 76 Stat. 927, which

contained a savings clause which granted five years of educational

training to certain children of Spanish-American War veterans, was

repealed by Pub. L. 91-24, Sec. 14(b), June 11, 1969, 83 Stat. 35,

effective June 11, 1969, except as to any indebtedness which may be

due the Government as the result of any benefits granted

thereunder.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3501, 3565 of this title.

-End-

-CITE-

38 USC Sec. 3513 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER II - ELIGIBILITY AND ENTITLEMENT

-HEAD-

Sec. 3513. Application

-STATUTE-

The parent or guardian of a person or the eligible person if such

person has attained legal majority for whom educational assistance

is sought under this chapter shall submit an application to the

Secretary which shall be in such form and contain such information

as the Secretary shall prescribe. If the Secretary finds that the

person on whose behalf the application is submitted is an eligible

person, the Secretary shall approve the application provisionally.

The Secretary shall notify the parent or guardian or eligible

person (if the person has attained legal majority) of the

provisional approval or of the disapproval of the application.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1195, Sec. 1713; Pub. L.

94-502, title III, Sec. 305, Oct. 15, 1976, 90 Stat. 2390; Pub. L.

101-237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat.

2092; renumbered Sec. 3513, Pub. L. 102-83, Sec. 5(a), Aug. 6,

1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1713 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

1976 - Pub. L. 94-502 inserted reference to eligible person who

have attained legal majority and substituted "the Administrator

shall approve" for "he shall approve".

EFFECTIVE DATE OF 1976 AMENDMENT

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.

-End-

-CITE-

38 USC Sec. 3514 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER II - ELIGIBILITY AND ENTITLEMENT

-HEAD-

Sec. 3514. Processing of applications

-STATUTE-

(a) Further processing of an application for educational

assistance and the award of such assistance shall be pursuant to

the requirements of subchapters III and IV of this chapter unless

the parent or guardian requests special restorative training for

the eligible person, in which case the application will be

processed under subchapter V of this chapter.

(b) If the request for special restorative training is approved,

educational assistance will be afforded pursuant to the terms of

subchapter V of this chapter. If the request for special

restorative training is disapproved, or if approved the restorative

training is completed or discontinued, any educational assistance

subsequently afforded will be in accordance with subchapters III

and IV of this chapter.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1195, Sec. 1714;

renumbered Sec. 3514, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105

Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1714 of this title as

this section.

-End-

-CITE-

38 USC SUBCHAPTER III - PROGRAM OF EDUCATION 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - PROGRAM OF EDUCATION

-HEAD-

SUBCHAPTER III - PROGRAM OF EDUCATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3514 of this title.

-End-

-CITE-

38 USC Sec. 3520 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - PROGRAM OF EDUCATION

-HEAD-

Sec. 3520. Educational and vocational counseling

-STATUTE-

The Secretary may, upon request, arrange for educational or

vocational counseling for persons eligible for benefits under this

chapter to assist such persons in selecting their educational,

vocational, or professional objectives and in developing their

programs of education.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1195, Sec. 1720; Pub. L.

90-631, Sec. 2(g), Oct. 23, 1968, 82 Stat. 1333; Pub. L. 91-584,

Sec. 4, Dec. 24, 1970, 84 Stat. 1576; Pub. L. 92-540, title III,

Sec. 310, Oct. 24, 1972, 86 Stat. 1083; Pub. L. 94-502, title III,

Sec. 310(10), Oct. 15, 1976, 90 Stat. 2391; Pub. L. 96-466, title

III, Sec. 323(a), Oct. 17, 1980, 94 Stat. 2196; Pub. L. 97-295,

Sec. 4(45), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 99-576, title

III, Sec. 314(a), Oct. 28, 1986, 100 Stat. 3273; Pub. L. 101-237,

title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092;

renumbered Sec. 3520, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105

Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1720 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator".

1986 - Pub. L. 99-576 substituted "Educational and vocational

counseling" for "Development of educational plan" in section

catchline and amended text generally. Prior to amendment, text read

as follows:

"(a) Upon provisional approval of an application for educational

assistance for a person eligible within the meaning of section

1701(a)(1)(A) of this title, the Administrator may, upon request,

arrange for educational or vocational counseling to assist the

parent or guardian and the eligible person in selecting such

person's educational, vocational, or professional objective and in

developing such person's program of education. During, or after,

such counseling, the parent or guardian shall prepare for the

eligible person an educational plan which shall set forth the

selected objective, the proposed program of education, a list of

the educational institutions at which such program would be

pursued, an estimate of the sum which would be required for tuition

and fees in completion of such program, and such other information

as the Administrator shall require. This educational plan shall be

signed by the parent or guardian and shall become an integral part

of the application for educational assistance under this chapter.

"(b) The Administrator may, on request, arrange for educational

counseling for persons eligible for educational assistance under

section 1701(a)(1)(B), (C), or (D) of this title."

1982 - Subsec. (a). Pub. L. 97-295, Sec. 4(45)(A), inserted "of

this title" after "section 1701(a)(1)(A)".

Subsec. (b). Pub. L. 97-295, Sec. 4(45)(B), substituted "of this

title" for "of this chapter".

1980 - Subsec. (a). Pub. L. 96-466 substituted "the Administrator

may, upon request, arrange for" for "the Administrator shall

arrange for, and the eligible person shall take advantage of," and

struck out provision that educational or vocational counseling not

be required where the eligible person has been accepted for, or is

pursuing, courses which lead to a standard college degree, at an

approved institution.

1976 - Subsec. (a). Pub. L. 94-502 substituted "such person's"

for "his" in two places.

1972 - Subsec. (a). Pub. L. 92-540 inserted provisions exempting

the eligible person from counseling where such person has been

accepted for, or is pursuing, courses which lead to a standard

college degree at an approved institution.

1970 - Subsec. (b). Pub. L. 91-584 substituted "section

1701(a)(1)(B), (C), or (D)" for "section 1701(a)(1) (B) or (C)".

1968 - Subsec. (a). Pub. L. 90-631, Sec. 2(g)(1), (2), designated

existing provisions as subsec. (a) and inserted "for a person

eligible within the meaning of section 1701(a)(1)(A)" after "for

educational assistance".

Subsec. (b). Pub. L. 90-631, Sec. 2(g)(3), added subsec. (b).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment 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 1976 AMENDMENT

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.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-631 effective first day of second

calendar month which begins after Oct. 23, 1968, see section 6(a)

of Pub. L. 90-631, set out as an Effective Date note under section

3500 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3561 of this title.

-End-

-CITE-

38 USC Sec. 3521 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - PROGRAM OF EDUCATION

-HEAD-

Sec. 3521. Approval of application

-STATUTE-

The Secretary shall approve an application if the Secretary finds

that -

(1) the proposed program of education constitutes a "program of

education" as that term is defined in this chapter;

(2) the eligible person is not already qualified, by reason of

previous education or training, for the educational,

professional, or vocational objective for which the program of

education is offered;

(3) the eligible person's proposed educational institution or

training establishment is in compliance with all the requirements

of this chapter and chapter 36 of this title; and

(4) it does not appear that the enrollment in or pursuit of

such person's program of education would violate any provisions

of this chapter or chapter 36 of this title.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1196, Sec. 1721; Pub. L.

94-502, title III, Sec. 310(11), Oct. 15, 1976, 90 Stat. 2391; Pub.

L. 96-466, title III, Sec. 324, Oct. 17, 1980, 94 Stat. 2196; Pub.

L. 99-576, title III, Sec. 314(b)(1), (2), Oct. 28, 1986, 100 Stat.

3273; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989,

103 Stat. 2092; renumbered Sec. 3521, Pub. L. 102-83, Sec. 5(a),

Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1721 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

1986 - Pub. L. 99-576 substituted "Approval of application" for

"Final approval of application" in section catchline, struck out

"finally" before "approve an application" in introductory

provisions, struck out former cl. (1) which read "section 1720 of

this title has been complied with;", and redesignated cls. (2) to

(5) as cls. (1) to (4), respectively.

1980 - Pub. L. 96-466, among other changes, inserted provision

conditioning approval of an application upon the educational

institution's or training establishment's compliance with all the

requirements of this chapter and chapter 36 of this title and

substituted reference to the enrollment in or pursuit of such

person's program of education violating any provisions of this

chapter or chapter 36 of this title for reference to the pursuit of

such program violating any provision of this chapter.

1976 - Pub. L. 94-502 substituted "if the Administrator finds"

for "if he finds".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment 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 1976 AMENDMENT

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.

-End-

-CITE-

38 USC Sec. 3522 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - PROGRAM OF EDUCATION

-HEAD-

[Sec. 3522. Vacant]

-COD-

CODIFICATION

Prior to renumbering of sections 1700 to 1766 of this chapter as

sections 3500 to 3566 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,

105 Stat. 406, section 1722 of this chapter, Pub. L. 85-857, Sept.

2, 1958, 72 Stat. 1196, which related to change of program by

eligible person, was repealed by Pub. L. 92-540, title IV, Sec.

402(2), Oct. 24, 1972, 86 Stat. 1090.

-End-

-CITE-

38 USC Sec. 3523 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - PROGRAM OF EDUCATION

-HEAD-

Sec. 3523. Disapproval of enrollment in certain courses

-STATUTE-

(a) The Secretary shall not approve the enrollment of an eligible

person in -

(1) any bartending course or personality development course;

(2) any sales or sales management course which does not provide

specialized training within a specific vocational field;

(3) any type of course which the Secretary finds to be

avocational or recreational in character (or the advertising for

which the Secretary finds contains significant avocational or

recreational themes) unless the eligible person submits

justification showing that the course will be a bona fide use in

the pursuit of the person's present or contemplated business or

occupation; or

(4) any independent study program except an accredited

independent study program (including open circuit television)

leading to a standard college degree.

(b) The Secretary shall not approve the enrollment of an eligible

person in any course of flight training other than one given by an

educational institution of higher learning for credit toward a

standard college degree the eligible person is seeking.

(c) The Secretary shall not approve the enrollment of an eligible

person in any course to be pursued by radio.

(d) The Secretary shall not approve the enrollment of an eligible

person in any course which is to be pursued as a part of such

person's regular secondary school education (except as provided in

section 3533 of this title), but this subsection shall not prevent

the enrollment of an eligible person in a course not leading to a

standard college degree if the Secretary finds that such person has

ended such person's secondary school education (by completion or

otherwise) and that such course is a specialized vocational course

pursued for the purpose of qualifying in a bona fide vocational

objective.

(e) An eligible person may not enroll in any course at an

educational institution which is not located in a State or in the

Republic of the Philippines, unless such course is pursued at an

approved institution of higher learning and the course is approved

by the Secretary. The Secretary, in the Secretary's discretion, may

deny or discontinue educational assistance under this chapter in

the case of any eligible person in such an institution if the

Secretary determines that such enrollment is not in the best

interest of the eligible person or the Federal Government.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1196, Sec. 1723; Pub. L.

86-785, Sec. 4, Sept. 14, 1960, 74 Stat. 1024; Pub. L. 87-546, July

25, 1962, 76 Stat. 216; Pub. L. 91-219, title II, Sec. 209, Mar.

26, 1970, 84 Stat. 83; Pub. L. 92-540, title III, Sec. 311, Oct.

24, 1972, 86 Stat. 1083; Pub. L. 93-508, title II, Sec. 207, Dec.

3, 1974, 88 Stat. 1583; Pub. L. 94-502, title III, Secs. 306,

310(12)-(14), Oct. 15, 1976, 90 Stat. 2390, 2392; Pub. L. 96-466,

title III, Secs. 325, 326, 327(b), Oct. 17, 1980, 94 Stat. 2196,

2197; Pub. L. 97-306, title II, Sec. 202(b), Oct. 14, 1982, 96

Stat. 1433; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), (2), Dec.

18, 1989, 103 Stat. 2092; renumbered Sec. 3523 and amended Pub. L.

102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L.

102-568, title III, Sec. 313(a)(7), Oct. 29, 1992, 106 Stat. 4333;

Pub. L. 104-275, title I, Sec. 104(b), Oct. 9, 1996, 110 Stat.

3327.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(4). Pub. L. 104-275, Sec. 104(b)(1), inserted

"(including open circuit television)" after "accredited independent

study program".

Subsec. (c). Pub. L. 104-275, Sec. 104(b)(2), substituted

"radio." for "radio or by open circuit television, except that the

Secretary may approve the enrollment of an eligible person in a

course, to be pursued in residence, leading to a standard college

degree which includes, as an integral part thereof, subjects

offered through open circuit television."

1992 - Subsec. (a)(4). Pub. L. 102-568 substituted "an accredited

independent study program" for "one".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1723 of this

title as this section.

Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "3533" for

"1733".

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing in subsecs. (a) to (e) and

substituted "Secretary's" for "Administrator's" in subsec. (e).

1982 - Subsec. (a). Pub. L. 97-306, Sec. 202(b), struck out

designation "(1)" before "The Administrator", redesignated cls. (A)

to (D) as (1) to (4), respectively, in cl. (2) as so redesignated,

substituted "any sales or sales management course which does not

provide specialized training within a specific vocational field;"

for "any course with a vocational objective, unless the eligible

person or the institution offering such course presents evidence

satisfactory to the Administrator showing that at least one-half of

the persons who completed such course over such period, and who are

not unavailable for employment, attained employment for an average

of ten hours a week in an occupational category for which the

course was designed to provide training;", and struck out par. (2)

which had provided exceptions to the provisions of par. (1)(B) for

persons pursuing the course while serving on active duty,

institutions with an enrollment not exceeding 35 percent of

eligible veterans and eligible persons, and instances of

administrative hardship to the institution.

1980 - Subsec. (a). Pub. L. 96-466, Sec. 325, designated existing

provisions as par. (1), redesignated cls. (1), (2), (3), and (4) as

(A), (B), (C), and (D), respectively, and in cl. (B) as so

redesignated, struck out reference to any sales or management

course which does not provide specialized training within a

specific vocational field and substituted reference to presenting

evidence showing that at least one-half of the persons who

completed such course over such period attained employment for an

average of ten hours a week in an occupational category for which

the course was designed to provide training for reference to

submitting justification showing that at least one-half of the

persons who completed such course over the preceding two-year

period (but excluding persons who completed such course with

assistance under this title while serving on active duty) have been

employed in the occupational category for which the course was

designed to provide training, and added par. (2).

Subsec. (c). Pub. L. 96-466, Sec. 326, struck out provisions

relating to the approval of the enrollment of an eligible person in

any course to be pursued by correspondence or any course to be

pursued at an educational institution not located in a State or in

the Republic of the Philippines, substituted reference to subjects

offered through open circuit television for reference to subjects

offered through the medium of open circuit televised instruction,

if the major portion of the course requires conventional classroom

or laboratory attendance, and struck out provisions permitting the

Administrator to deny or discontinue the educational assistance of

any eligible person in a foreign educational institution upon a

finding that such enrollment is not in the best interest of the

eligible person or the Government.

Subsec. (e). Pub. L. 96-466, Sec. 327(b), added subsec. (e).

1976 - Subsec. (a). Pub. L. 94-502, Secs. 306, 310(12),

substituted "the Administrator finds contains" for "he finds

contains" and added cl. (4).

Subsec. (c). Pub. L. 94-502, Sec. 310(13), substituted "the

Administrator's" for "his" and "if the Administrator finds" for "if

he finds".

Subsec. (d). Pub. L. 94-502, Sec. 310(14), substituted "such

person's" for "his" in two places.

1974 - Subsec. (a)(2). Pub. L. 93-508, Sec. 207(1), substituted

"or in any other course with a vocational objective, unless the"

for "unless the", "who completed" for "completing", and ", and who

are not unavailable for employment, have been employed in the

occupational category for which the course was designed to provide

training" for "have been employed in the sales or sales management

field", and inserted parenthetical provisions relating to the

exclusion of persons who completed the course with assistance under

this title in the computation of the number of people who completed

the course.

Subsec. (a)(3). Pub. L. 93-508, Sec. 207(2), substituted "in

character (or the advertising for which he finds contains

significant avocational or recreational themes) unless the" for "in

character unless the".

Subsec. (c). Pub. L. 93-508, Sec. 207(3), substituted "an

eligible person in any course to be" for "an eligible person in any

course of institutional on-farm training, any course to be".

Subsec. (d). Pub. L. 93-508, Sec. 207(4), substituted "course not

leading to a standard college degree if the" for "course to be

pursued below the college level if the".

1972 - Subsec. (c). Pub. L. 92-540, Sec. 311(1), struck out

prohibition on approval by the Administrator of the enrollment of

an eligible person in any course of apprentice or other training on

the job, inserted provision authorizing approval of correspondence

courses as provided in section 1786 of this title, and substituted

provision relating to approval by the Administrator of enrollment

at an educational institution not located in a State or the

Republic of the Philippines and provision authorizing the

Administrator to deny or discontinue assistance, for provisions

setting forth the criteria for approval by the Administrator of

enrollment in a foreign educational institution in the case of any

eligible person.

Subsec. (d). Pub. L. 92-540, Sec. 311(2), inserted "(except as

provided in section 1733 of this title)" after "regular secondary

school education".

1970 - Subsec. (a). Pub. L. 91-219 struck out "dancing course"

from the enumeration of non-approved courses, inserted provisions

directing the Administrator not to approve any enrollment in any

sales or sales management course with some exceptions, and struck

out reference to photography, entertainment, music, and enumerated

sports or athletic course.

1962 - Subsec. (c). Pub. L. 87-546 authorized the Administrator

to approve enrollment in foreign educational institutions if the

subjects to be taken are part of and creditable towards completion

of an approved course in a "principal institution", the tuition and

fees of the foreign institution are paid by the "principal

institution", and such institution agrees to submit enrollment

certificates and monthly certifications as to attendance, conduct,

and progress to the Veterans' Administration.

1960 - Subsec. (c). Pub. L. 86-785 substituted "open circuit

television (except as herein provided)" for "television", and

authorized the Administrator to approve enrollment in a course

pursued in residence, leading to a standard college degree, which

utilizes open circuit televised instruction, if the major portion

of the course requires conventional classroom or laboratory

attendance.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 202(c) of Pub. L. 97-306 provided that: "The amendments

made by this section [amending this section and section 1673

[renumbered 3473] of this title] shall take effect on October 1,

1982."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment 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 1976 AMENDMENT

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.

EFFECTIVE DATE OF 1974 AMENDMENT

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.

-End-

-CITE-

38 USC Sec. 3524 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - PROGRAM OF EDUCATION

-HEAD-

Sec. 3524. Discontinuance for unsatisfactory progress

-STATUTE-

The Secretary shall discontinue the educational assistance

allowance on behalf of an eligible person if, at any time, the

Secretary finds that according to the regularly prescribed

standards and practices of the educational institution such person

is attending, the person'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 eligible person will be resuming enrollment at the same

educational institution in the same program of education and the

educational institution has both approved such eligible person'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 eligible person -

(A) the cause of the unsatisfactory attendance, conduct, or

progress has been removed;

(B) the program proposed to be pursued is suitable to the

eligible person'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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1197, Sec. 1724; Pub. L.

94-502, title III, Secs. 307, 310(15), Oct. 15, 1976, 90 Stat.

2390, 2392; Pub. L. 95-202, title III, Sec. 305(b)(1), Nov. 23,

1977, 91 Stat. 1443; Pub. L. 96-466, title III, Sec. 328, Oct. 17,

1980, 94 Stat. 2197; Pub. L. 101-237, title IV, Secs. 411(b),

412(b), 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2085, 2092;

renumbered Sec. 3524 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1724 of this

title as this section.

Par. (2)(C). Pub. L. 102-83, Sec. 5(c)(1), substituted "3691" for

"1791".

1989 - Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator" wherever appearing.

Pub. L. 101-237, Sec. 412(b), substituted "attendance, conduct,"

for "conduct".

Pars. (1), (2). Pub. L. 101-237, Sec. 411(b), 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 person has been removed; and

"(2) the program which the eligible person now proposes to pursue

(whether the same or revised) is suitable to the person's

aptitudes, interests, and abilities."

1980 - Pub. L. 96-466 struck out provisions relating to the

conditions upon which an eligible person'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, Sec. 310(15), substituted "such person is

attending" for "he is attending", "the Administrator finds that"

for "he finds that", and "the person's" for "his" in two places.

Pub. L. 94-502, Sec. 307, inserted provision specifying progress

as unsatisfactory when the veteran will not be able to graduate

within the approved length of the course.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment 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 AMENDMENT

Amendment 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 AMENDMENT

Amendment by sections 307 and 310(15) 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.

SUSPENSION OF IMPLEMENTATION OF 1976 AMENDMENT

For provisions directing the Administrator to suspend the

implementation of the amendment to this section by section 307 of

Pub. L. 94-502 in the case of any accredited educational

institution which submits to the Administrator its course catalog

or bulletin and a certification that the policies and regulations

described in cls. (6) and (7) of section 1776(b) [now 3676(b)(6)

and (7)] of this title are being enforced by such institution,

unless the Administrator finds that the catalog or bulletin fails

to state fully and clearly the policies and regulations, and for

that suspension to continue until the Administrator submits the

report required under section 305(b)(2) of Pub. L. 95-202, see

section 305(b)(4)(A) of Pub. L. 95-202, set out as a note under

section 3474 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5569; title 10

section 2184.

-End-

-CITE-

38 USC Secs. 3525, 3526 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - PROGRAM OF EDUCATION

-HEAD-

[Secs. 3525, 3526. Vacant]

-COD-

CODIFICATION

Prior to renumbering of sections 1700 to 1766 of this chapter as

sections 3500 to 3566 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,

105 Stat. 406, sections 1725 and 1726 of this chapter were

repealed.

Section 1725, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1197, which

related to period of operation for approval by Administrator, was

repealed by Pub. L. 92-540, title IV, Sec. 402(2), Oct. 24, 1972,

86 Stat. 1090.

Section 1726, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1197, which

provided for control by agencies of United States, was repealed by

Pub. L. 89-358, Sec. 3(a)(3), Mar. 3, 1966, 80 Stat. 20.

-End-

-CITE-

38 USC SUBCHAPTER IV - PAYMENTS TO ELIGIBLE PERSONS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE PERSONS

-HEAD-

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE PERSONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3514 of this title.

-End-

-CITE-

38 USC Sec. 3531 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE PERSONS

-HEAD-

Sec. 3531. Educational assistance allowance

-STATUTE-

(a) The Secretary shall, in accordance with the provisions of

chapter 36 of this title, pay to the parent or guardian of each

eligible person who is pursuing a program of education under this

chapter, and who applies therefor on behalf of such eligible

person, an educational assistance allowance to meet, in part, the

expenses of the eligible person's subsistence, tuition, fees,

supplies, books, equipment, and other educational costs.

(b) The educational assistance allowance of an eligible person

pursuing a program of education at an educational institution shall

be paid as provided in chapter 36 of this title.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1197, Sec. 1731; Pub. L.

89-358, Sec. 4(l), Mar. 3, 1966, 80 Stat. 24; Pub. L. 92-540, title

III, Sec. 312, Oct. 24, 1972, 86 Stat. 1083; Pub. L. 94-502, title

III, Secs. 309(c), 310(16), Oct. 15, 1976, 90 Stat. 2391, 2392;

Pub. L. 96-466, title III, Sec. 329, Oct. 17, 1980, 94 Stat. 2197;

Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103

Stat. 2092; renumbered Sec. 3531, Pub. L. 102-83, Sec. 5(a), Aug.

6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1731 of this title as

this section.

1989 - Subsec. (a). Pub. L. 101-237 substituted "Secretary" for

"Administrator".

1980 - Subsec. (b). Pub. L. 96-466 substituted provisions that

the educational assistance allowance of an eligible person pursuing

a program of education at an educational institution be paid as

provided in chapter 36 of this title for provisions that no

educational assistance allowance be paid on behalf of an eligible

person enrolled in a course in an educational institution which

does not lead to a standard college degree for any period until the

Administrator received from the eligible person a certification as

to the person's actual attendance during such period and from the

educational institution a certification, or an endorsement on the

eligible person's certificate, that the person was enrolled in and

pursuing a course of education during such period.

1976 - Subsec. (a). Pub. L. 94-502, Sec. 309(c), substituted

"chapter 36" for "section 1780".

Subsec. (b). Pub. L. 94-502, Sec. 310(16), substituted "the

person's" for "his" and "the person" for "he".

1972 - Subsec. (a). Pub. L. 92-540, Sec. 312(1), inserted

provision requiring the Administrator to pay in accordance with the

provisions of section 1780 of this title.

Subsec. (b). Pub. L. 92-540, Sec. 312(2), (3), redesignated

subsec. (d) as (b). Former subsec. (b), which provided for the

payment of the educational assistance allowance, pursuant to

section 1732 of this title, to the eligible person only for a

period of his enrollment as approved by the Administrator subject

to certain limitations, was struck out.

Subsec. (c). Pub. L. 92-540, Sec. 312(2), struck out subsec. (c)

which authorized the Administrator, pursuant to regulations, to

determine enrollment in, pursuit of, and attendance at, any program

of education or course by an eligible person.

Subsec. (d). Pub. L. 92-540, Sec. 312(3), redesignated subsec.

(d) as (b).

Subsec. (e). Pub. L. 92-540, Sec. 312(2), struck out subsec. (e)

which related to the prompt payment by the Administrator of the

allowance to the eligible person.

1966 - Subsec. (c). Pub. L. 89-358 added subsec. (c) and struck

out former subsec. (c) which conditioned payment of allowance to

eligible person taking college degree course on receipt from such

person of certification of enrollment and pursuit of such course

and from educational institution certification or indorsement on

student's certification of enrollment and pursuit of such course,

prescribed such conditions for eligible person taking a course not

leading to college degree as are now incorporated in subsec. (d) of

this section, and required payments to be made within twenty days

after receipt of requisite certifications, now incorporated in

subsec. (e) of this section.

Subsec. (d). Pub. L. 89-358 redesignated provisions of former

subsec. (c)(1)(B), (2) as subsec. (d).

Subsec. (e). Pub. L. 89-358 added subsec. (e). Concluding

sentence of former subsec. (c), struck out by Pub. L. 89-358,

provided for payment of such allowances within twenty days after

receipt by the Administrator of requisite certifications.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment 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 1976 AMENDMENT

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.

-End-

-CITE-

38 USC Sec. 3532 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE PERSONS

-HEAD-

Sec. 3532. Computation of educational assistance allowance

-STATUTE-

(a)(1) The educational assistance allowance on behalf of an

eligible person who is pursuing a program of education consisting

of institutional courses shall be paid at the monthly rate of $670

for full-time, $503 for three-quarter-time, or $335 for half-time

pursuit.

(2) The educational assistance allowance on behalf of an eligible

person pursuing a program of education on less than a half-time

basis shall be paid at the rate of (A) the established charges for

tuition and fees that the educational institution involved requires

similarly circumstanced nonveterans enrolled in the same program to

pay, or (B) $670 per month for a full-time course, whichever is the

lesser.

(b) The educational assistance allowance to be paid on behalf of

an eligible person who is pursuing a full-time program of education

which consists of institutional courses and alternate phases of

training in a business or industrial establishment with the

training in the business or industrial establishment being strictly

supplemental to the institutional portion, shall be computed at the

rate of $670 per month.

(c)(1) An eligible person who is enrolled in an educational

institution for a "farm cooperative" program consisting of

institutional agricultural courses prescheduled to fall within

forty-four weeks of any period of twelve consecutive months and who

pursues such program on -

(A) a full-time basis (a minimum of ten clock hours per week or

four hundred and forty clock hours in such year prescheduled to

provide not less than eighty clock hours in any three-month

period),

(B) a three-quarter-time basis (a minimum of seven clock hours

per week), or

(C) a half-time basis (a minimum of five clock hours per week),

shall be eligible to receive an educational assistance allowance at

the appropriate rate provided in paragraph (2) of this subsection,

if such eligible person is concurrently engaged in agricultural

employment which is relevant to such institutional agricultural

courses as determined under standards prescribed by the Secretary.

In computing the foregoing clock hour requirements there shall be

included the time involved in field trips and individual and group

instruction sponsored and conducted by the educational institution

through a duly authorized instructor of such institution in which

the person is enrolled.

(2) The monthly educational assistance allowance to be paid on

behalf of an eligible person pursuing a farm cooperative program

under this chapter shall be $541 for full-time, $406 for

three-quarter-time, and $271 for half-time pursuit.

(d) If a program of education is pursued by an eligible person at

an institution located in the Republic of the Philippines, the

educational assistance allowance computed for such person under

this section shall be paid at the rate of $0.50 for each dollar.

(e) In the case of an eligible person who is pursuing a program

of education under this chapter while incarcerated in a Federal,

State, or local penal institution for conviction of a felony, the

educational assistance allowance shall be paid in the same manner

prescribed in section 3482(g) of this title for incarcerated

veterans, except that the references therein to the monthly

educational assistance allowance prescribed for a veteran with no

dependents shall be deemed to refer to the applicable allowance

payable to an eligible person under corresponding provisions of

this chapter or chapter 36 of this title, as determined by the

Secretary.

(f)(1) Subject to paragraph (3), the amount of educational

assistance payable under this chapter for a licensing or

certification test described in section 3501(a)(5) of this title is

the lesser of $2,000 or the fee charged for the test.

(2) The number of months of entitlement charged in the case of

any individual for such licensing or certification test is equal to

the number (including any fraction) determined by dividing the

total amount paid to such individual for such test by the full-time

monthly institutional rate of the educational assistance allowance

which, except for paragraph (1), such individual would otherwise be

paid under this chapter.

(3) In no event shall payment of educational assistance under

this subsection for such a test exceed the amount of the

individual's available entitlement under this chapter.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1198, Sec. 1732; Pub. L.

89-222, Sec. 1, Sept. 30, 1965, 79 Stat. 896; Pub. L. 91-219, title

I, Sec. 104(a), (b), title II, Sec. 210, Mar. 25, 1970, 84 Stat.

77, 78, 83; Pub. L. 92-540, title I, Sec. 103(1)-(3), Oct. 24,

1972, 86 Stat. 1075, 1076; Pub. L. 93-508, title I, Sec.

103(1)-(3), title II, Sec. 208, Dec. 3, 1974, 88 Stat. 1580, 1584;

Pub. L. 93-602, title II, Sec. 204(a), Jan. 2, 1975, 88 Stat. 1958;

Pub. L. 94-502, title III, Secs. 301(1), 308, Oct. 15, 1976, 90

Stat. 2389, 2390; Pub. L. 95-202, title I, Sec. 103(1), Nov. 23,

1977, 91 Stat. 1434; Pub. L. 96-466, title II, Secs. 202(1),

212(1), title III, Sec. 330, title VI, Sec. 602(b), Oct. 17, 1980,

94 Stat. 2188, 2190, 2198, 2209; Pub. L. 98-543, title II, Sec.

203(1), Oct. 24, 1984, 98 Stat. 2742; Pub. L. 101-237, title IV,

Secs. 403(a)(1)-(7), 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2078,

2079, 2092; Pub. L. 102-16, Sec. 10(a)(6), Mar. 22, 1991, 105 Stat.

56; renumbered Sec. 3532 and amended Pub. L. 102-83, Sec. 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568, title III,

Sec. 316(b), Oct. 29, 1992, 106 Stat. 4334; Pub. L. 103-446, title

V, Sec. 507(b), Nov. 2, 1994, 108 Stat. 4664; Pub. L. 104-275,

title I, Sec. 105(c), Oct. 9, 1996, 110 Stat. 3327; Pub. L.

105-178, title VIII, Sec. 8210(a), as added Pub. L. 105-206, title

IX, Sec. 9014(b), July 22, 1998, 112 Stat. 866; Pub. L. 106-419,

title I, Secs. 111(a), 122(b)(4), Nov. 1, 2000, 114 Stat. 1830,

1834; Pub. L. 107-103, title I, Sec. 102(a), Dec. 27, 2001, 115

Stat. 978.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-103, Sec. 102(a)(1),

substituted "$670" for "$588", "$503" for "$441", and "$335" for

"$294".

Subsec. (a)(2). Pub. L. 107-103, Sec. 102(a)(2), substituted

"$670" for "$588".

Subsec. (b). Pub. L. 107-103, Sec. 102(a)(3), substituted "$670"

for "$588".

Subsec. (c)(2). Pub. L. 107-103, Sec. 102(a)(4), substituted

"$541" for "$475", "$406" for "$356", and "$271" for "$238".

2000 - Subsec. (a)(1). Pub. L. 106-419, Sec. 111(a)(1),

substituted "$588" for "$485", "$441" for "$365", and "$294" for

"$242".

Subsec. (a)(2). Pub. L. 106-419, Sec. 111(a)(2), substituted

"$588" for "$485".

Subsec. (b). Pub. L. 106-419, Sec. 111(a)(3), substituted "$588"

for "$485".

Subsec. (c)(2). Pub. L. 106-419, Sec. 111(a)(4), substituted

"$475" for "$392", "$356" for "$294", and "$238" for "$196".

Subsec. (f). Pub. L. 106-419, Sec. 122(b)(4), added subsec. (f).

1998 - Subsec. (a)(1). Pub. L. 105-178, Sec. 8210(a)(1), as added

by Pub. L. 105-206, Sec. 9014(b), substituted "$485" for "$404",

"$365" for "$304", and "$242" for "$202".

Subsecs. (a)(2), (b). Pub. L. 105-178, Sec. 8210(a)(2), (3), as

added by Pub. L. 105-206, Sec. 9014(b), substituted "$485" for

"$404".

Subsec. (c)(2). Pub. L. 105-178, Sec. 8210(a)(4), as added by

Pub. L. 105-206, Sec. 9014(b), substituted "$392" for "$327",

"$294" for "$245", and "$196" for "$163".

1996 - Subsec. (b). Pub. L. 104-275 substituted "$404" for

"$327".

1994 - Subsec. (d). Pub. L. 103-446 substituted "the rate of" for

"a rate in Philippine pesos equivalent to".

1992 - Subsec. (c)(3), (4). Pub. L. 102-568 struck out pars. (3)

and (4) which related to the monthly educational assistance

allowance to be paid for persons pursuing an independent study

program and for persons pursuing a course in part by open circuit

television.

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1732 of this

title as this section.

Subsec. (c)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted "3688"

for "1788".

Pub. L. 102-16 substituted "Secretary" for "Secretary of Veterans

Affairs".

Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted "3482(g)"

for "1682(g)".

Pub. L. 102-16 substituted "Secretary" for "Secretary of Veterans

Affairs".

1989 - Subsec. (a)(1). Pub. L. 101-237, Sec. 403(a)(1),

substituted "paid at the monthly rate of $404 for full-time, $304

for three-quarter-time, or $202 for half-time pursuit." for

"computed at the rate prescribed in section 1682(a)(1) of this

title for full-time, three-quarter-time, or half-time pursuit, as

appropriate, of an institutional program by an eligible veteran

with no dependents."

Subsec. (a)(2). Pub. L. 101-237, Sec. 403(a)(2), substituted

"paid at the rate of (A) the established charges for tuition and

fees that the educational institution involved requires similarly

circumstanced nonveterans enrolled in the same program to pay, or

(B) $404 per month for a full-time course, whichever is the

lesser." for "computed at the rate prescribed in section 1682(b)(2)

of this title for less-than-half-time pursuit of an institutional

program by an eligible veteran."

Subsec. (b). Pub. L. 101-237, Sec. 403(a)(3), substituted "$327"

for "$304".

Subsec. (c)(1). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator".

Subsec. (c)(2). Pub. L. 101-237, Sec. 403(a)(4), substituted

"$327 for full-time, $245 for three-quarter-time, and $163 for

half-time pursuit." for "computed at the rate prescribed in section

1682(c)(2) of this title for full-time, three-quarter-time, or

half-time pursuit, as appropriate, of a farm cooperative program by

an eligible veteran with no dependents."

Subsec. (c)(3). Pub. L. 101-237, Sec. 403(a)(5), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "The

monthly educational assistance allowance to be paid on behalf of an

eligible person pursuing an independent study program which leads

to a standard college degree shall be computed at the rate

prescribed in section 1682(e) of this title."

Subsec. (c)(4). Pub. L. 101-237, Sec. 403(a)(6), substituted

"paragraph (3) of this subsection" for "section 1682(e) of this

title".

Subsec. (e). Pub. L. 101-237, Sec. 403(a)(7), inserted before

period at end ", except that the references therein to the monthly

educational assistance allowance prescribed for a veteran with no

dependents shall be deemed to refer to the applicable allowance

payable to an eligible person under corresponding provisions of

this chapter or chapter 36 of this title, as determined by the

Secretary of Veterans Affairs".

1984 - Subsec. (b). Pub. L. 98-304 substituted "$304" for "$276".

1980 - Subsec. (b). Pub. L. 96-466, Sec. 212(1), substituted

"$276" for "$264".

Pub. L. 96-466, Sec. 202(1), substituted "$264" for "$251".

Subsec. (c)(4). Pub. L. 96-466, Sec. 330, added par. (4).

Subsec. (e). Pub. L. 96-466, Sec. 602(b), added subsec. (e).

1977 - Subsec. (b). Pub. L. 95-202 substituted "$251" for "$235".

1976 - Subsec. (b). Pub. L. 94-502, Sec. 301(1), substituted

"$235" for "$217".

Subsec. (c)(3). Pub. L. 94-502, Sec. 308, added par. (3).

1975 - Subsec. (b). Pub. L. 93-602 substituted "$217" for "$209".

1974 - Subsec. (a)(1). Pub. L. 93-508, Sec. 103(1), substituted

"prescribed in section 1682(a)(1) of this title for full-time,

three-quarter-time, or half-time pursuit, as appropriate, of an

institutional program by an eligible veteran with no dependents"

for "of (A) $220 per month if pursued on a full-time basis, (B)

$165 per month if pursued on a three-quarter-time basis, and (C)

$110 per month if pursued on a half-time basis".

Subsec. (a)(2). Pub. L. 93-508, Sec. 103(2), substituted

"prescribed in section 1682(b)(2) of this title for

less-than-half-time pursuit of an institutional program by an

eligible veteran" for "of (A) the established charges for tuition

and fees which the institution requires other individuals enrolled

in the same program to pay, or (B) $220 per month for a full-time

course whichever is the lesser".

Subsec. (b). Pub. L. 93-508, Sec. 103(3), substituted "$209" for

"$177".

Subsecs. (c), (d). Pub. L. 93-508, Sec. 208, added subsec. (c)

and redesignated former subsec. (c) as (d).

1972 - Subsec. (a)(1). Pub. L. 92-540 Sec. 103(1), substituted

"$220" for "$175" in cl. (A), "$165" for "$128" in cl. (B), and

"$110" for "$81" in cl. (C).

Subsec. (a)(2). Pub. L. 92-540, Sec. 103(2), substituted "$220"

for "$175".

Subsec. (b). Pub. L. 92-540, Sec. 103(3), substituted "$177" for

"$141".

1970 - Subsec. (a). Pub. L. 91-219, Sec. 104(a), designated

existing provision as par. (1), substituted "(A) $175" for "(1)

$130", "(B) $128" for "(2) $95", and "(C) $81" for "(3) $60",

respectively in par. (1) as so designated, and added par. (2).

Subsec. (b). Pub. L. 91-219, Sec. 104(b), substituted "$141" for

"$105".

Subsec. (c). Pub. L. 91-219, Sec. 210, substituted provision that

if a program of education is pursued by an eligible person at an

institution located in the Republic of the Philippines, the

educational assistance allowance computed for such person should be

paid at a specified rate in Philippine pesos, for provision

forbidding educational assistance allowance to a person who is

pursuing an institutional course on a less than prescribed basis.

1965 - Subsec. (a). Pub. L. 89-222, Sec. 1(a), substituted

"$130", "$95", and "$60" for "$110", "$80", and "$50",

respectively.

Subsec. (b). Pub. L. 89-222, Sec. 1(b), substituted "$105" for

"$90".

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-103, title I, Sec. 102(e), Dec. 27, 2001, 115 Stat.

978, provided that: "The amendments made by this section [amending

this section and sections 3534, 3542, and 3687 of this title] shall

take effect as of January 1, 2002, and shall apply with respect to

educational assistance allowances payable under chapter 35 and

section 3687(b)(2) of title 38, United States Code, for months

beginning on or after that date."

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-419, title I, Sec. 111(e), Nov. 1, 2000, 114 Stat.

1830, provided that: "The amendments made by subsections (a)

through (d) [amending this section and sections 3534, 3542, and

3687 of this title] shall take effect on November 1, 2000, and

shall apply with respect to educational assistance allowances paid

under chapter 35 of title 38, United States Code, for months after

October 2000."

Amendment by section 122(b)(4) of Pub. L. 106-419 effective Mar.

1, 2001, and applicable with respect to licensing and certification

tests approved by the Secretary of Veterans Affairs on or after

such date, see section 122(d) of Pub. L. 106-419, set out as a note

under section 3032 of this title.

EFFECTIVE DATE OF 1998 AMENDMENTS

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, see section 9016 of Pub. L.

105-206, set out as a note under section 101 of Title 23, Highways.

Pub. L. 105-178, title VIII, Sec. 8210(e), as added by Pub. L.

105-206, title IX, Sec. 9014(b), July 22, 1998, 112 Stat. 866,

provided that: "The amendments made by this section [amending this

section and sections 3534, 3542, and 3687 of this title] shall take

effect on October 1, 1998, and shall apply with respect to

educational assistance allowances paid for months after September

1998."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-446 applicable with respect to payments

made after Dec. 31, 1994, see section 507(c) of Pub. L. 103-446,

set out as a note under section 107 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 316(c) of Pub. L. 102-568 provided that: "The amendments

made by this section [amending this section and section 3688 of

this title] apply to enrollments in courses beginning on or after

July 1, 1993."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 403(c) of Pub. L. 101-237 provided that: "The amendments

made by this section [amending this section and sections 1733,

1734, 1742, and 1787 [now 3533, 3534, 3542, and 3687] of this

title] shall take effect on January 1, 1990."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-543 effective Oct. 1, 1984, see section

205 of Pub. L. 98-543, set out as a note under section 3108 of this

title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by sections 202(1) and 212(1) of Pub. L. 96-466

effective Oct. 1, 1980, and Jan. 1, 1981, respectively, see section

802(b) of Pub. L. 96-466, set out as a note under section 3482 of

this title.

Amendment by section 330 of 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.

Amendment by section 602(b) of Pub. L. 96-466 effective Oct. 1,

1980, except as otherwise specifically provided, see section 802(f)

of Pub. L. 96-466, set out as an Effective Date note under section

5314 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

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.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 1, 1976, see section

703(a) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-602 effective Jan. 1, 1975, see section

206 of Pub. L. 93-602, set out as a note under section 3482 of this

title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by section 103(1)-(3) of Pub. L. 93-508 effective Sept.

1, 1974, see section 501 of Pub. L. 93-508, set out as a note under

section 3482 of this title.

Amendment by section 208 of 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.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-540 effective Oct. 1, 1972, except for

those veterans and eligible persons in training on Oct. 24, 1972,

see section 601(a) of Pub. L. 92-540, set out as a note under

section 3482 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by section 104(a), (b) of Pub. L. 91-219 effective Feb.

1, 1970, see section 301 of Pub. L. 91-219, set out as a note under

section 3482 of this title.

EFFECTIVE DATE OF 1965 AMENDMENT

Section 4 of Pub. L. 89-222 provided that: "The amendments made

by the first and second sections of this Act [amending this section

and section 1742 [now 3542] of this title] shall take effect on the

first day of the second calendar month following the date of

enactment of this Act [Sept. 30, 1965]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3564, 3565, 3680 of this

title; title 42 section 3796d-1.

-End-

-CITE-

38 USC Sec. 3533 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE PERSONS

-HEAD-

Sec. 3533. Special assistance for the educationally disadvantaged

-STATUTE-

(a)(1) Any eligible person shall be entitled to the assistance

provided an eligible veteran under section 3491(a) (if pursued in a

State) of this title and be paid an educational assistance

allowance therefor in the manner prescribed by section 3491(b) of

this title, except that the corresponding rate provisions of this

chapter shall apply, as determined by the Secretary, to such

pursuit by an eligible person.

(2) Educational assistance under this chapter for the first five

months of full-time pursuit of a program (or the equivalent thereof

in part-time educational assistance) consisting of such course or

courses shall be provided without charge to entitlement.

(b) Any eligible person shall, without charge to any entitlement

such person may have under section 3511 of this title, be entitled

to the benefits provided an eligible veteran under section 3492 of

this title.

-SOURCE-

(Added Pub. L. 92-540, title III, Sec. 313, Oct. 24, 1972, 86 Stat.

1084, Sec. 1733; amended Pub. L. 94-502, title III, Sec. 310(17),

(18), Oct. 15, 1976, 90 Stat. 2392; Pub. L. 98-223, title II, Sec.

203(b), Mar. 2, 1984, 98 Stat. 41; Pub. L. 100-689, title I, Sec.

106(c), Nov. 18, 1988, 102 Stat. 4167; Pub. L. 101-237, title IV,

Sec. 403(a)(8), Dec. 18, 1989, 103 Stat. 2079; Pub. L. 102-16, Sec.

10(a)(6), Mar. 22, 1991, 105 Stat. 56; renumbered Sec. 3533 and

amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1733 of this

title as this section.

Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3491(a)" for "1691(a)" and "3491(b)" for "1691(b)".

Pub. L. 102-16 substituted "Secretary" for "Secretary of Veterans

Affairs".

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3511" for

"1711" and "3492" for "1692".

1989 - Subsec. (a)(1). Pub. L. 101-237 substituted "assistance

provided an eligible veteran under section 1691(a) (if pursued in a

State) of this title and be paid an educational assistance

allowance therefor in the manner prescribed by section 1691(b) of

this title, except that the corresponding rate provisions of this

chapter shall apply, as determined by the Secretary of Veterans

Affairs, to such pursuit by an eligible person." for "benefits

provided an eligible veteran (with no dependents) under section

1691 (if pursued in a State) of this title."

1988 - Subsec. (a). Pub. L. 100-689 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "Any

eligible spouse or surviving spouse shall, without charge to any

entitlement such spouse may have under section 1711 of this title,

be entitled to the benefits provided an eligible veteran (with no

dependents) under section 1691 (if pursued in a State) of this

title."

1984 - Subsec. (a). Pub. L. 98-223 inserted "(with no

dependents)" after "an eligible veteran" and struck out "and be

paid an educational assistance allowance under the provisions of

section 1732(a) of this title".

1976 - Subsec. (a). Pub. L. 94-502, Sec. 310(17), substituted

"spouse or surviving spouse" for "wife or widow" and "such spouse"

for "she".

Subsec. (b). Pub. L. 94-502, Sec. 310(18), substituted "such

person" for "he".

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-237 effective Jan. 1, 1990, see section

403(c) of Pub. L. 101-237, set out as a note under section 3532 of

this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-689 effective Aug. 15, 1989, see section

106(d) of Pub. L. 100-689, set out as a note under section 3034 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

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.

TERMINATION OF ELIGIBILITY PERIOD

Termination of eligibility period for a wife or widow, or an

eligible person eight years from Oct. 24, 1972, see section 604 of

Pub. L. 92-540, set out as a note under section 3512 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3523, 3688 of this title.

-End-

-CITE-

38 USC Sec. 3534 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE PERSONS

-HEAD-

Sec. 3534. Apprenticeship or other on-job training; correspondence

courses

-STATUTE-

(a) Any eligible person shall be entitled to pursue, in a State,

a program of apprenticeship or other on-job training and be paid a

training assistance allowance as provided in section 3687 of this

title.

(b) Any eligible spouse or surviving spouse shall be entitled to

pursue a program of education exclusively by correspondence and be

paid an educational assistance allowance as provided in section

3686 (other than subsection (a)(2)) of this title and the period of

such spouse's entitlement shall be charged with one month for each

$670 which is paid to the spouse as an educational assistance

allowance for such course.

-SOURCE-

(Added Pub. L. 92-540, title III, Sec. 313, Oct. 24, 1972, 86 Stat.

1084, Sec. 1734; amended Pub. L. 94-502, title III, Sec. 310(19),

Oct. 15, 1976, 90 Stat. 2392; Pub. L. 101-237, title IV, Sec.

403(a)(9), Dec. 18, 1989, 103 Stat. 2079; renumbered Sec. 3534 and

amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

406; Pub. L. 105-178, title VIII, Sec. 8210(b), as added Pub. L.

105-206, title IX, Sec. 9014(b), July 22, 1998, 112 Stat. 866; Pub.

L. 106-419, title I, Sec. 111(b), Nov. 1, 2000, 114 Stat. 1830;

Pub. L. 107-103, title I, Sec. 102(b), Dec. 27, 2001, 115 Stat.

978.)

-MISC1-

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-103 substituted "$670" for

"$588".

2000 - Subsec. (b). Pub. L. 106-419 substituted "$588" for

"$485".

1998 - Subsec. (b). Pub. L. 105-178, Sec. 8210(b), as added by

Pub. L. 105-206, Sec. 9014(b), substituted "$485" for "$404".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1734 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3687" for

"1787".

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3686" for

"1786".

1989 - Subsec. (b). Pub. L. 101-237 substituted "1786 (other than

subsection (a)(2)) of this title and the period of such spouse's

entitlement shall be charged with one month for each $404 which is

paid to the spouse as an educational assistance allowance for such

course" for "1786 of this title".

1976 - Subsec. (b). Pub. L. 94-502 substituted "spouse or

surviving spouse" for "wife or widow".

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-103 effective Jan. 1, 2002, and

applicable with respect to educational assistance allowances

payable under this chapter and section 3687(b)(2) of this title for

months beginning on or after that date, see section 102(e) of Pub.

L. 107-103, set out as a note under section 3532 of this title.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-419 effective Nov. 1, 2000, and

applicable with respect to educational assistance allowances paid

under this chapter for months after October 2000, see section

111(e) of Pub. L. 106-419, set out as a note under section 3532 of

this title.

EFFECTIVE DATE OF 1998 AMENDMENTS

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, see section 9016 of Pub. L.

105-206, set out as a note under section 101 of Title 23, Highways.

Amendment by Pub. L. 105-178 effective Oct. 1, 1998, and

applicable with respect to educational assistance allowances paid

for months after Sept. 1998, see section 8210(e) of Pub. L.

105-178, set out as a note under section 3532 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-237 effective Jan. 1, 1990, see section

403(c) of Pub. L. 101-237, set out as a note under section 3532 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3564 of this title.

-End-

-CITE-

38 USC Sec. 3535 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE PERSONS

-HEAD-

Sec. 3535. Approval of courses

-STATUTE-

An eligible person shall receive the benefits of this chapter

while enrolled in a course of education offered by an educational

institution only if such course (1) is approved in accordance with

the provisions of subchapter I of chapter 36 of this title, or (2)

is approved for the enrollment of the particular individual under

the provisions of section 3536 of this title.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1199, Sec. 1735; Pub. L.

88-126, Sec. 2, Sept. 23, 1963, 77 Stat. 162; Pub. L. 89-358, Sec.

4(n), Mar. 3, 1966, 80 Stat. 25; Pub. L. 92-540, title IV, Sec.

402(4), Oct. 24, 1972, 86 Stat. 1090; renumbered Sec. 3535 and

amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1735 of this title as

this section and substituted "3536" for "1736".

1972 - Pub. L. 92-540 substituted reference to section 1736 of

this title for reference to section 1737 of this title.

1966 - Pub. L. 89-358 redesignated former subsec. (a) as the

entire section, struck out therefrom the introductory phrase "Until

the date for the expiration of all education and training under

chapter 33 of this title,", substituted "An eligible person" for

"and eligible person", "chapter" for "subchapter", and "subchapter

I of chapter 36 of this title" for "this section or subchapter VII

of this chapter", and struck out former subsec. (b) which provided

for scope of approval and is now incorporated in section 1770(b) of

this title.

1963 - Subsec. (a). Pub. L. 88-126, Sec. 2(1), (2), inserted

"Until the date for the expiration of all education and training

under chapter 33 of this title, and" before "eligible person", and

"or subchapter VII of this chapter" after "this section".

Subsec. (b). Pub. L. 88-126, Sec. 2(3), inserted "or section

1778."

Subsec. (c). Pub. L. 88-126, Sec. 2(4), repealed subsec. (c)

which related to the responsibility of the Administrator, after the

expiration date of all education and training under chapter 33 of

this title, for the approval of any additional courses.

-End-

-CITE-

38 USC Sec. 3536 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE PERSONS

-HEAD-

Sec. 3536. Specialized vocational training courses

-STATUTE-

The Secretary may approve a specialized course of vocational

training leading to a predetermined vocational objective for the

enrollment of an eligible person under this subchapter if the

Secretary finds that such course, either alone or when combined

with other courses, constitutes a program of education which is

suitable for that person and is required because of a mental or

physical handicap.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1199, Sec. 1737; Pub. L.

88-126, Sec. 4, Sept. 23, 1963, 77 Stat. 162; renumbered Sec. 1736,

Pub. L. 92-540, title IV, Sec. 402(3), Oct. 24, 1972, 86 Stat.

1090; Pub. L. 94-502, title III, Sec. 310(20), Oct. 15, 1976, 90

Stat. 2392; amended Pub. L. 101-237, title IV, Sec. 423(b)(1)(A),

Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3536, Pub. L.

102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1736 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

1976 - Pub. L. 94-502 substituted "if the Administrator finds"

for "if he finds".

1963 - Pub. L. 88-126 substituted "The" for "Notwithstanding the

provisions of subsections (b) and (c) of section 1735 of this

title, the".

EFFECTIVE DATE OF 1976 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3512, 3535, 3672 of this

title.

-End-

-CITE-

38 USC Sec. 3537 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE PERSONS

-HEAD-

Sec. 3537. Work-study allowance

-STATUTE-

(a) Subject to subsection (b) of this section, the Secretary

shall utilize, in connection with the activities described in

section 3485(a) of this title, the services of any eligible person

who is pursuing, in a State, at least a three-quarter-time program

of education (other than a course of special restorative training)

and shall pay to such person an additional educational assistance

allowance (hereinafter in this section referred to as "work-study

allowance") in return for such eligible person's agreement to

perform such services. The amount of the work-study allowance shall

be determined in accordance with section 3485(a) of this title.

(b) The Secretary's utilization of, and payment of a work-study

allowance for, the services of an eligible person pursuant to

subsection (a) of this section shall be subject to the same

requirements, terms, and conditions as are set out in section 3485

of this title with regard to individuals pursuing at least

three-quarter-time programs of education referred to in subsection

(b) of such section.

-SOURCE-

(Added Pub. L. 101-237, title IV, Sec. 406(a)(1), Dec. 18, 1989,

103 Stat. 2082, Sec. 1737; renumbered Sec. 3537 and amended Pub. L.

102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L.

107-14, Sec. 8(a)(16), June 5, 2001, 115 Stat. 35.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-14 substituted "hereinafter" for

"hereafter".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1737 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3485(a)"

for "1685(a)" in two places.

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3485" for

"1685".

EFFECTIVE DATE

Section 406(b) of Pub. L. 101-237 provided that: "The amendments

made by this section [enacting this section] shall take effect on

May 1, 1990."

-End-

-CITE-

38 USC Sec. 3538 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - PAYMENTS TO ELIGIBLE PERSONS

-HEAD-

[Sec. 3538. Vacant]

-COD-

CODIFICATION

Prior to renumbering of sections 1700 to 1766 of this chapter as

sections 3500 to 3566 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,

105 Stat. 406, section 1738 of this chapter, added Pub. L. 95-202,

title II, Sec. 201(b), Nov. 23, 1977, 91 Stat. 1437, which related

to accelerated payment of educational assistance allowances, was

repealed by Pub. L. 100-689, title I, Sec. 124(a), Nov. 18, 1988,

102 Stat. 4174.

-End-

-CITE-

38 USC SUBCHAPTER V - SPECIAL RESTORATIVE TRAINING 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER V - SPECIAL RESTORATIVE TRAINING

-HEAD-

SUBCHAPTER V - SPECIAL RESTORATIVE TRAINING

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3501, 3512, 3514, 3672

of this title.

-End-

-CITE-

38 USC Sec. 3540 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER V - SPECIAL RESTORATIVE TRAINING

-HEAD-

Sec. 3540. Purpose

-STATUTE-

The purpose of special restorative training is to overcome, or

lessen, the effects of a manifest physical or mental disability

which would handicap an eligible person (as defined in

subparagraphs (A), (B), and (D) of section 3501(a)(1) of this

title) in the pursuit of a program of education.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1200, Sec. 1740; Pub. L.

96-466, title III, Sec. 331, Oct. 17, 1980, 94 Stat. 2198;

renumbered Sec. 3540 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406; Pub. L. 107-103, title I, Sec. 109(a),

Dec. 27, 2001, 115 Stat. 986.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-103 substituted "subparagraphs (A), (B), and

(D) of section 3501(a)(1) of this title" for "section 3501(a)(1)(A)

of this title".

1991 - Pub. L. 102-83 renumbered section 1740 of this title as

this section and substituted "3501(a)(1)(A)" for "1701(a)(1)(A)".

1980 - Pub. L. 96-466 inserted "(as defined in section

1701(a)(1)(A) of this title)" after "person".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment 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.

-End-

-CITE-

38 USC Sec. 3541 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER V - SPECIAL RESTORATIVE TRAINING

-HEAD-

Sec. 3541. Entitlement to special restorative training

-STATUTE-

(a) The Secretary at the request of an eligible person is

authorized -

(1) to determine whether such person is in need of special

restorative training; and

(2) where need is found to exist, to prescribe a course which

is suitable to accomplish the purposes of this chapter.

Such a course, at the discretion of the Secretary, may contain

elements that would contribute toward an ultimate objective of a

program of education.

(b) The total period of educational assistance under this

subchapter and other subchapters of this chapter may not exceed the

amount of entitlement as established in section 3511 of this title,

except that the Secretary may extend such period in the case of any

person if the Secretary finds that additional assistance is

necessary to accomplish the purpose of special restorative training

as stated in subsection (a) of this section.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1200, Sec. 1741; Pub. L.

88-361, Sec. 6, July 7, 1964, 78 Stat. 298; Pub. L. 94-502, title

III, Sec. 310(21), Oct. 15, 1976, 90 Stat. 2392; Pub. L. 101-237,

title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092;

renumbered Sec. 3541 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406; Pub. L. 107-103, title I, Sec.

109(b)(1), Dec. 27, 2001, 115 Stat. 986.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-103 struck out "of the parent or

guardian" after "request" in introductory provisions.

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1741 of this

title as this section.

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3511" for

"1711".

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

1976 - Subsec. (b). Pub. L. 94-502 substituted "if the

Administrator finds" for "if he finds".

1964 - Subsec. (b). Pub. L. 88-361 authorized the Administrator

to extend the period if he finds additional assistance necessary to

accomplish the purpose of special restorative training.

EFFECTIVE DATE OF 1976 AMENDMENT

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.

EFFECTIVE DATE OF 1964 AMENDMENT

Pub. L. 88-433, Sec. 2, Aug. 14, 1964, 78 Stat. 442, provided

that: "The amendments made by section 6 of the Act of July 7, 1964

(Public Law 88-361, 78 Stat. 297) [amending this section], shall

take effect as of January 1, 1964."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3543 of this title.

-End-

-CITE-

38 USC Sec. 3542 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER V - SPECIAL RESTORATIVE TRAINING

-HEAD-

Sec. 3542. Special training allowance

-STATUTE-

(a) While the eligible person is enrolled in and pursuing a

full-time course of special restorative training, the eligible

person shall be entitled to receive a special training allowance

computed at the basic rate of $670 per month. If the charges for

tuition and fees applicable to any such course are more than $210

per calendar month, the basic monthly allowance may be increased by

the amount that such charges exceed $210 a month, upon election by

the eligible person to have such person's period of entitlement

reduced by one day for each such increased amount of allowance that

is equal to one-thirtieth of the full-time basic monthly rate of

special training allowance.

(b) No payments of a special training allowance shall be made for

the same period for which the payment of an educational assistance

allowance is made or for any period during which the training is

pursued on less than a full-time basis.

(c) Full-time training for the purpose of this section shall be

determined by the Secretary with respect to the capacities of the

individual trainee.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1200, Sec. 1742; Pub. L.

89-222, Sec. 2, Sept. 30, 1965, 79 Stat. 896; Pub. L. 91-219, title

I, Sec. 104(c), Mar. 26, 1970, 84 Stat. 78; Pub. L. 92-540, title

I, Sec. 103(4), Oct. 24, 1972, 86 Stat. 1076; Pub. L. 93-508, title

I, Sec. 103(4), Dec. 3, 1974, 88 Stat. 1580; Pub. L. 93-602, title

II, Sec. 204(b), Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94-502, title

III, Sec. 301(2), Oct. 15, 1976, 90 Stat. 2389; Pub. L. 95-202,

title I, Sec. 103(2), Nov. 23, 1977, 91 Stat. 1435; Pub. L. 96-466,

title II, Secs. 202(2), 212(2), Oct. 17, 1980, 94 Stat. 2188, 2190;

Pub. L. 98-543, title II, Sec. 203(2), Oct. 24, 1984, 98 Stat.

2742; Pub. L. 101-237, title IV, Secs. 403(a)(10), 423(b)(1)(A),

Dec. 18, 1989, 103 Stat. 2080, 2092; renumbered Sec. 3542, Pub. L.

102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105-178,

title VIII, Sec. 8210(c), as added Pub. L. 105-206, title IX, Sec.

9014(b), July 22, 1998, 112 Stat. 866; Pub. L. 106-419, title I,

Sec. 111(c), Nov. 1, 2000, 114 Stat. 1830; Pub. L. 107-103, title

I, Secs. 102(c), 109(b)(2), Dec. 27, 2001, 115 Stat. 978, 986.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-103, Sec. 109(b)(2), substituted

"the eligible person shall be entitled to receive" for "the parent

or guardian shall be entitled to receive on behalf of such person"

and "upon election by the eligible person" for "upon election by

the parent or guardian of the eligible person".

Pub. L. 107-103, Sec. 102(c), substituted "$670" for "$588" and

substituted "$210" for "$184" in two places.

2000 - Subsec. (a). Pub. L. 106-419 substituted "$588" for

"$485", "$184" for "$152" in two places, and "such increased amount

of allowance that is equal to one-thirtieth of the full-time basic

monthly rate of special training allowance" for "$16.16 that the

special training allowance paid exceeds the basic monthly

allowance".

1998 - Subsec. (a). Pub. L. 105-178, Sec. 8210(c), as added by

Pub. L. 105-206, Sec. 9014(b), substituted "$485" for "$404" and

"$16.16" for "$13.46" and substituted "$152" for "$127" in two

places.

1991 - Pub. L. 102-83 renumbered section 1742 of this title as

this section.

1989 - Subsec. (a). Pub. L. 101-237, Sec. 403(a)(10), substituted

"$404" for "$376", "$127" for "$119" in two places, and "$13.46"

for "$12.58".

Subsec. (c). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator".

1984 - Subsec. (a). Pub. L. 98-543 substituted "$376" for "$342",

"$119" for "$108" in two places, and "$12.58" for "$11.44".

1980 - Subsec. (a). Pub. L. 96-466, Sec. 212(2), substituted

"$342" for "$327", "$108" for "$103" in two places, and "$11.44"

for "$10.92".

Pub. L. 96-466, Sec. 202(2), substituted "$327" for "$311",

"$103" for "$98" in two places, and "$10.92" for "$10.40".

1977 - Subsec. (a). Pub. L. 95-202 substituted "$311" for "$292",

"$98" for "$92" in two places, and "$10.40" for "$9.76".

1976 - Subsec. (a). Pub. L. 94-502 substituted "$292" for "$270",

"$92" for "$85" in two places, and "$9.76" for "$9.02".

1975 - Subsec. (a). Pub. L. 93-602 substituted "$270", "$85",

"$85", and "$9.02" for "$260", "$82", "$82", and "$8.69"

respectively.

1974 - Subsec. (a). Pub. L. 93-508 substituted "behalf of such

person", "$260", "$82", "$82", and "$8.69" for "his behalf a",

"$220", "$69", "$69", and "$7.35" respectively.

1972 - Subsec. (a). Pub. L. 92-540 substituted "$220" for "$175",

"$69" for "$55", and "$7.35" for "$6.80", respectively.

1970 - Subsec. (a). Pub. L. 91-219 substituted "$175" for "$130",

"$55" for "$41", and "$6.80" for "$4.25" respectively.

1965 - Subsec. (a). Pub. L. 89-222 substituted "$130", "$41",

"$41" and "$4.25" for "$110", "$35", "$35" and "$3.60",

respectively.

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by section 102(c) of Pub. L. 107-103 effective Jan. 1,

2002, and applicable with respect to educational assistance

allowances payable under this chapter and section 3687(b)(2) of

this title for months beginning on or after that date, see section

102(e) of Pub. L. 107-103, set out as a note under section 3532 of

this title.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-419 effective Nov. 1, 2000, and

applicable with respect to educational assistance allowances paid

under this chapter for months after October 2000, see section

111(e) of Pub. L. 106-419, set out as a note under section 3532 of

this title.

EFFECTIVE DATE OF 1998 AMENDMENTS

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, see section 9016 of Pub. L.

105-206, set out as a note under section 101 of Title 23, Highways.

Amendment by Pub. L. 105-178 effective Oct. 1, 1998, and

applicable with respect to educational assistance allowances paid

for months after September 1998, see section 8210(e) of Pub. L.

105-178, set out as a note under section 3532 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 403(a)(10) of Pub. L. 101-237 effective Jan.

1, 1990, see section 403(c) of Pub. L. 101-237, set out as a note

under section 3532 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-543 effective Oct. 1, 1984, see section

205 of Pub. L. 98-543, set out as a note under section 3108 of this

title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by sections 202(2) and 212(c) of Pub. L. 96-466

effective Oct. 1, 1980, and Jan. 1, 1981, respectively, see section

802(b) of Pub. L. 96-466, set out as a note under section 3482 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

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.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 1, 1976, see section

703(a) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-602 effective Jan. 1, 1975, see section

206 of Pub. L. 93-602, set out as a note under section 3482 of this

title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-508 effective Sept. 1, 1974, see section

501 of Pub. L. 93-508, set out as a note under section 3482 of this

title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-540 effective Oct. 1, 1972, except for

those veterans and eligible persons in training on Oct. 24, 1972,

see section 601(a) of Pub. L. 92-540, set out as a note under

section 3482 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-219 effective Feb. 1, 1970, see section

301 of Pub. L. 91-219, set out as a note under section 3482 of this

title.

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-222 effective first day of second

calendar month following September 30, 1965, see section 4 of Pub.

L. 89-222, set out as a note under section 3532 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3543, 3564, 3565 of this

title.

-End-

-CITE-

38 USC Sec. 3543 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER V - SPECIAL RESTORATIVE TRAINING

-HEAD-

Sec. 3543. Special administrative provisions

-STATUTE-

(a) In carrying out the Secretary's responsibilities under this

chapter the Secretary may by agreement arrange with public or

private educational institutions or others to provide training

arrangements as may be suitable and necessary to accomplish the

purposes of this subchapter. In any instance where the Secretary

finds that a customary tuition charge is not applicable, the

Secretary may agree on the fair and reasonable amounts which may be

charged for the training provided to the eligible person.

(b) The Secretary shall make such rules and regulations as the

Secretary may deem necessary in order to promote good conduct on

the part of the persons who are following courses of special

restorative training and otherwise to carry out the purposes of

this chapter.

(c) In a case in which the Secretary authorizes training under

section 3541(a) of this title on behalf of an eligible person, the

parent or guardian shall be entitled -

(1) to receive on behalf of the eligible person the special

training allowance provided for under section 3542(a) of this

title;

(2) to elect an increase in the basic monthly allowance

provided for under such section; and

(3) to agree with the Secretary on the fair and reasonable

amounts which may be charged under subsection (a).

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1200, Sec. 1743; Pub. L.

94-502, title III, Sec. 310(22), Oct. 15, 1976, 90 Stat. 2392; Pub.

L. 101-237, title IV, Sec. 423(b)(1)(A), (2), Dec. 18, 1989, 103

Stat. 2092; renumbered Sec. 3543, Pub. L. 102-83, Sec. 5(a), Aug.

6, 1991, 105 Stat. 406; amended Pub. L. 107-103, title I, Sec.

109(b)(3), (4), Dec. 27, 2001, 115 Stat. 986.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-103, Sec. 109(b)(3), substituted

"for the training provided to the eligible person" for "the parent

or guardian for the training provided to an eligible person" in

last sentence.

Subsec. (c). Pub. L. 107-103, Sec. 109(b)(4), added subsec. (c).

1991 - Pub. L. 102-83 renumbered section 1743 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary's" for

"Administrator's" in subsec. (a) and "Secretary" for

"Administrator" wherever appearing in subsecs. (a) and (b).

1976 - Subsec. (a). Pub. L. 94-502 substituted "the

Administrator's" for "his" and "the Administrator may agree" for

"he may agree".

Subsec. (b). Pub. L. 94-502 substituted "the Administrator may

deem" for "he may deem".

EFFECTIVE DATE OF 1976 AMENDMENT

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.

-End-

-CITE-

38 USC SUBCHAPTER VI - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-End-

-CITE-

38 USC Sec. 3561 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3561. Authority and duties of Secretary

-STATUTE-

(a) The Secretary may provide the educational and vocational

counseling authorized under section 3520 of this title, and may

provide additional counseling if the Secretary deems it to be

necessary to accomplish the purposes of this chapter.

(b) Where any provision of this chapter authorizes or requires

any function, power, or duty to be exercised by a State, or by any

officer or agency thereof, such function, power, or duty shall,

with respect to the Republic of the Philippines, be exercised by

the Secretary.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1200, Sec. 1761; Pub. L.

89-358, Sec. 3(a)(1), Mar. 3, 1966, 80 Stat. 19; Pub. L. 94-502,

title III, Sec. 310(23), Oct. 15, 1976, 90 Stat. 2392; Pub. L.

96-466, title III, Sec. 323(b), Oct. 17, 1980, 94 Stat. 2196; Pub.

L. 101-237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat.

2092; renumbered Sec. 3561 and amended Pub. L. 102-83, Sec. 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1761 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3520" for

"1720".

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

1980 - Subsec. (a). Pub. L. 96-466 substituted "authorized" for

"required" and "may provide additional counseling" for "may provide

or require additional counseling".

1976 - Subsec. (a). Pub. L. 94-502 substituted "if the

Administrator deems" for "if he deems".

1966 - Subsec. (a). Pub. L. 89-358 redesignated subsec. (b) as

(a) and struck out provisions of former subsec. (a) for audit and

review of payments by the GAO as provided by Budget and Accounting

Act of 1921 and Budget and Accounting Procedures Act of 1950.

Subsec. (b). Pub. L. 89-358 redesignated subsec. (d) as (b).

Former subsec. (b) redesignated (a).

Subsec. (c). Pub. L. 89-358 struck out subsec. (c) which provided

for use of other Federal agencies. See now, section 1790 of this

title.

Subsec. (d). Pub. L. 89-358 redesignated subsec. (d) as (b).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment 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 1976 AMENDMENT

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.

-End-

-CITE-

38 USC Sec. 3562 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3562. Nonduplication of benefits

-STATUTE-

The commencement of a program of education or special restorative

training under this chapter shall be a bar (1) to subsequent

payments of compensation, dependency and indemnity compensation, or

pension based on the death of a parent to an eligible person over

the age of eighteen by reason of pursuing a course in an

educational institution, or (2) to increased rates, or additional

amounts, of compensation, dependency and indemnity compensation, or

pension because of such a person whether eligibility is based upon

the death or upon the total permanent disability of the parent.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1201, Sec. 1762; Pub. L.

88-361, Sec. 4, July 7, 1964, 78 Stat. 298; Pub. L. 89-358, Sec.

3(a)(2), Mar. 3, 1966, 80 Stat. 20; renumbered Sec. 3562, Pub. L.

102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1762 of this title as

this section.

1966 - Pub. L. 89-358 redesignated former subsec. (a) as the

entire section and deleted former subsec. (b) which prohibited

payment of educational assistance allowance or special training

allowance on behalf of any eligible person for any period paid for

under other provision of law where the payment would constitute a

duplication of benefits and which is now incorporated in section

1781 of this title.

1964 - Subsec. (a). Pub. L. 88-361 inserted "whether eligibility

is based upon the death or upon the total permanent disability of

the parent".

-End-

-CITE-

38 USC Sec. 3563 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3563. Notification of eligibility

-STATUTE-

The Secretary shall notify the parent or guardian of each

eligible person defined in section 3501(a)(1)(A) of this title of

the educational assistance available to such person under this

chapter. Such notification shall be provided not later than the

month in which such eligible person attains such person's

thirteenth birthday or as soon thereafter as feasible.

-SOURCE-

(Added Pub. L. 91-219, title II, Sec. 207(a), Mar. 26, 1970, 84

Stat. 82, Sec. 1763; amended Pub. L. 94-502, title III, Sec.

310(24), Oct. 15, 1976, 90 Stat. 2392; Pub. L. 97-295, Sec. 4(46),

Oct. 12, 1982, 96 Stat. 1308; Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3563

and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1763 of this title as

this section and substituted "3501(a)(1)(A)" for "1701(a)(1)(A)".

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator".

1982 - Pub. L. 97-295 substituted "of this title" for "of this

chapter".

1976 - Pub. L. 94-502 substituted "such person's" for "his".

EFFECTIVE DATE OF 1976 AMENDMENT

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.

-End-

-CITE-

38 USC Sec. 3564 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3564. Annual adjustment of amounts of educational assistance

-STATUTE-

With respect to any fiscal year, the Secretary shall provide a

percentage increase (rounded to the nearest dollar) in the rates

payable under sections 3532, 3534(b), and 3542(a) of this title

equal to the percentage by which -

(1) the Consumer Price Index (all items, United States city

average) for the 12-month period ending on the June 30 preceding

the beginning of the fiscal year for which the increase is made,

exceeds

(2) such Consumer Price Index for the 12-month period preceding

the 12-month period described in paragraph (1).

-SOURCE-

(Added Pub. L. 106-419, title I, Sec. 111(f)(1)(A), Nov. 1, 2000,

114 Stat. 1831.)

-MISC1-

EFFECTIVE DATE

Pub. L. 106-419, title I, Sec. 111(f)(3), Nov. 1, 2000, 114 Stat.

1831, as amended by Pub. L. 107-14, Sec. 8(b)(1), June 5, 2001, 115

Stat. 36, provided that: "Sections 3564 and 3687(d) of title 38,

United States Code, as added by this subsection, shall take effect

on October 1, 2001."

-End-

-CITE-

38 USC SUBCHAPTER VII - PHILIPPINE COMMONWEALTH ARMY AND

PHILIPPINE SCOUTS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER VII - PHILIPPINE COMMONWEALTH ARMY AND PHILIPPINE SCOUTS

-HEAD-

SUBCHAPTER VII - PHILIPPINE COMMONWEALTH ARMY AND PHILIPPINE SCOUTS

-End-

-CITE-

38 USC Sec. 3565 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER VII - PHILIPPINE COMMONWEALTH ARMY AND PHILIPPINE SCOUTS

-HEAD-

Sec. 3565. Children of certain Philippine veterans

-STATUTE-

-HEAD-

BASIC ELIGIBILITY

(a) The term "eligible person" as used in section 3501(a)(1) of

this title includes the children of those Commonwealth Army

veterans and "New" Philippine Scouts who meet the requirements of

service-connected disability or death, based on service as defined

in section 3566 of this title.

ADMINISTRATIVE PROVISIONS

(b) The provisions of this chapter and chapter 36 shall apply to

the educational assistance for children of Commonwealth Army

veterans and "New" Philippine Scouts, except that -

(1) educational assistance allowances authorized by section

3532 of this title and the special training allowance authorized

by section 3542 of this title shall be paid at the rate of $0.50

for each dollar, and

(2) any reference to a State approving agency shall be deemed

to refer to the Secretary.

DELIMITING DATES

(c) In the case of any individual who is an eligible person

solely by virtue of subsection (a) of this section, and who is

above the age of seventeen years and below the age of twenty-three

years on September 30, 1966, the period referred to in section 3512

of this title shall not end until the expiration of the five-year

period which begins on September 30, 1966.

-SOURCE-

(Added Pub. L. 89-613, Sec. 1, Sept. 30, 1966, 80 Stat. 861, Sec.

1765; amended Pub. L. 91-24, Sec. 9(c), June 11, 1969, 83 Stat. 34;

Pub. L. 97-295, Sec. 4(47), Oct. 12, 1982, 96 Stat. 1308; Pub. L.

101-237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat.

2092; renumbered Sec. 3565 and amended Pub. L. 102-83, Sec. 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446, title V, Sec.

507(b), Nov. 2, 1994, 108 Stat. 4664.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(1). Pub. L. 103-446 substituted "the rate of"

for "a rate in Philippine pesos equivalent to".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1765 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3501(a)(1)" for "1701(a)(1)" and "3566" for "1766".

Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "3532"

for "1732" and "3542" for "1742".

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "3512" for

"1712".

1989 - Subsec. (b)(2). Pub. L. 101-237 substituted "Secretary"

for "Administrator".

1982 - Subsec. (a). Pub. L. 97-295 inserted "of this title" after

"section 1766".

1969 - Subsec. (c). Pub. L. 91-24 substituted "September 30,

1966" for "the date of enactment of this section" and "September

30, 1966" for "the date of enactment of such section".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-446 applicable with respect to payments

made after Dec. 31, 1994, see section 507(c) of Pub. L. 103-446,

set out as a note under section 107 of this title.

SAVINGS PROVISION

Pub. L. 89-358, Sec. 12(b), Mar. 3, 1966, 80 Stat. 28, provided

that the provisions of subsec. (b) of this section, relating to

payment of reporting allowance at rate of $1 per month, as in

effect before Mar. 3, 1966, were to remain in effect through May

31, 1966.

-End-

-CITE-

38 USC Sec. 3566 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 35 - SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER VII - PHILIPPINE COMMONWEALTH ARMY AND PHILIPPINE SCOUTS

-HEAD-

Sec. 3566. Definitions

-STATUTE-

(a) The term "Commonwealth Army veterans" means persons who

served before July 1, 1946, in the organized military forces of the

Government of the Philippines, while such forces were in the

service of the Armed Forces pursuant to the military order of the

President dated July 26, 1941, including among such military forces

organized guerrilla forces under commanders appointed, designated,

or subsequently recognized by the Commander-in-Chief, Southwest

Pacific Area, or other competent authority in the Army of the

United States, and who were discharged or released from such

service under conditions other than dishonorable.

(b) The term " 'New' Philippine Scouts" means Philippine Scouts

who served under section 14 of the Armed Forces Voluntary

Recruitment Act of 1945, and who were discharged or released from

such service under conditions other than dishonorable.

-SOURCE-

(Added Pub. L. 89-613, Sec. 1, Sept. 30, 1966, 80 Stat. 861, Sec.

1766; renumbered Sec. 3566, Pub. L. 102-83, Sec. 5(a), Aug. 6,

1991, 105 Stat. 406.)

-REFTEXT-

REFERENCES IN TEXT

Section 14 of the Armed Forces Voluntary Recruitment Act of 1945,

referred to in subsec. (b), means section 14 of act Oct. 6, 1945,

ch. 393, 59 Stat. 543, which enacted section 637 of former Title

10, Army and Air Force, and was omitted from the Code in the

revision and reenactment of Title 10, Armed Forces, by act Aug. 10,

1956, ch. 1041, 70A Stat. 1.

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1766 of this title as

this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 3565 of this title.

-End-