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38 U.S.C. § 3533 — Special assistance for the educationally disadvantaged

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3533 — Special assistance for the educationally disadvantaged

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3491/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3511&num=0&edition=prelim), be entitled to the benefits provided an eligible veteran under [section 3492 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3492&num=0&edition=prelim).

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Source location: Title 38, Chapter 35, § 3533; chapter-035-survivors-and-dependents-educational-assistance.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1733 — Supervision of program by the President

The President, or any officer of the United States to whom the President may delegate authority under this section, may from time to time prescribe such rules and regulations and impose such conditions on the receipt of financial aid as may be necessary to carry out this subchapter.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3512 — Periods of eligibility

**(a)** Except as provided in subsection (g), the educational assistance to which an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in [section 3501(a)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3501/a/1/C&num=0&edition=prelim) is entitled under [section 3511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3511&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3536&num=0&edition=prelim), 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 eightee

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3492 — Tutorial assistance

**(a)** In the case of any eligible veteran who— (1) is enrolled in and pursuing a postsecondary course of education on a half-time or more basis at an educational institution; and (2) has a deficiency in a subject required as a part of, or which is prerequisite to, or which is indispensable to the satisfactory pursuit of, an approved program of education, the Secretary may approve individualized tutorial assistance for such veteran if such assistance is necessary for the veteran to complete such program successfully. **(b)** The Secretary shall pay to an eligible veteran receiving tutorial assistance pursuant to subsection (a) of this section, in addition to the educational assistance allowance provided in [section 3482 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3482&num=0&edition=prelim), the cost of such tutorial assistance in an amount not to exceed $100 per month, for a maximum of twelve months, or until a maximum of $1,200 is utilized, upon certification by the educational institution that— (1) the individualized tutorial assistance is essential to correct a deficiency of the eligible veteran in a subject required as a part of, or which is prerequisite to, or which is indispensable to the satisfactory pursuit of, an approved program of education; (2) the tutor chosen to perform such assistance is qualified and is not the eligible veteran’s parent, spouse, child (whether or not married or over eighteen years of age), brother, or sister; and (3) the charges for such assistance do not exceed the customary charges for such tutorial assistance.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1711 — Care during examinations and in emergencies

**(a)** The Secretary may furnish hospital care incident to physical examinations where such examinations are necessary in carrying out the provisions of other laws administered by the Secretary. **(b)** Repealed. Pub. L. 107–135, title II, § 208(d), Jan. 23, 2002, 115 Stat. 2463.] **(c)** (1) The Secretary may contract with any organization named in, or approved by the Secretary under, [section 5902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5902&num=0&edition=prelim) to provide for the furnishing by the Secretary, on a reimbursable basis (as prescribed by the Secretary), of emergency medical services to individuals attending any national convention of such organization, except that reimbursement shall not be required for services furnished under this subsection to the extent that the individual receiving such services would otherwise be eligible under this chapter for medical services. (2) The authority of the Secretary to enter into contracts under this subsection shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3511 — Duration of educational assistance

**(a)** (1) Each eligible person, whether made eligible by one or more of the provisions of [section 3501(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3501/a/1&num=0&edition=prelim), shall be entitled to educational assistance under this chapter— (A) in the case of a person who first enrolls in a program of education using such entitlement before August 1, 2018, for an aggregate period not in excess of 45 months (or to the equivalent thereof in part-time training); or (B) in the case of a person who first enrolls in a program of education using such entitlement on or after August 1, 2018, for an aggregate period not in excess of 36 months (or to the equivalent thereof in part-time training). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) 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 or of being involuntarily ordered to full-time National Guard duty under [sec

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3034 — Program administration

**(a)** (1) Except as otherwise provided in this chapter, the provisions of sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of this title and the provisions of subchapters I and II of chapter 36 of this title (with the exception of sections 3680(c), 3680(f), 3686(a), and 3687) shall be applicable to the provision of educational assistance under this chapter. (2) The term “eligible veteran”, as used in the provisions of the sections enumerated in paragraph (1) of this subsection, shall be deemed to include an individual who is eligible for educational assistance under this chapter. (3) The Secretary may, without regard to the application to this chapter of so much of the provisions of [section 3471 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3471&num=0&edition=prelim) as prohibit the enrollment of an eligible veteran in a program of education in which the veteran is “already qualified”, and pursuant to such regulations as the Secretary shall prescribe, approve the enrollment of such individual in refresher courses (including courses which will permit such individual to update knowledge and skills or be instructed in the technological advances which have occurred in the individual’s field of employment during and since the period of such veteran’s active military service), deficiency courses, or other preparatory or special education or training courses necessary to enable the individual to pursue an approved program of education. **(b)** Regulations prescribed by the Secretary of Defense under this chapter shall be uniform for the Armed Forces under the jurisdiction of the Secretary of a military department. **(c)** Payment of educational assistance allowance in the case of an eligible individual pursuing a pro

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3693 — Compliance surveys

**(a)** (1) Except as provided in subsection (b), the Secretary shall conduct an annual compliance survey of educational institutions and training establishments offering one or more courses approved for the enrollment of eligible veterans or persons if at least 20 such veterans or persons are enrolled in any such course. The Secretary shall— (A) design the compliance surveys to ensure that such institutions or establishments, as the case may be, and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title; (B) survey each such educational institution and training establishment not less than once during every 2-year period; and (C) assign not fewer than 1 education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year. (2) The Secretary, in consultation with the State approving agencies, shall— (A) annually determine the parameters of the surveys required under paragraph (1); and (B) not later than September 1 of each year, make available to the State approving agencies a list of the educational institutions and training establishments that will be surveyed during the fiscal year following the date of making such list available. **(b)** The Secretary may waive the requirement in subsection (a)(1) for a compliance survey with respect to an educational institution or training establishment if the Secretary determines, based on the record of compliance of such institution or establishment with all the applicable provisions of chapters 30 through 36 of this title, that the waiver would be appropriate and in the best interest of the United States Government. **(c)** To the maximum extent feasible, the Secretary, or

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3532 — Computation of educational assistance allowance

**(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 $1,224 for full-time, $967 for three-quarter-time, or $710 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 the lesser 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) $1,224 per month for a full-time course. **(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 $1,224 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 allowa

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3523 — Disapproval of enrollment in certain courses

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3533&num=0&edition=prelim)), 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 voc

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3533 — Special assistance for the educationally

Page 795 TITLE 38—VETERANS’ BENEFITS § 3533 Subsec. (c). Pub. L. 91–219, § 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 com- puted for such person should be paid at a specified rate in Philippine pesos, for provision forbidding edu- cational assistance allowance to a person who is pur- suing an institutional course on a less than prescribed basis. 1965—Subsec. (a). Pub. L. 89–222, § 1(a), substituted ‘‘$130’’, ‘‘$95’’, and ‘‘$60’’ for ‘‘$110’’, ‘‘$80’’, and ‘‘$50’’, re- spectively. Subsec. (b). Pub. L. 89–222, § 1(b), substituted ‘‘$105’’ for ‘‘$90’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–48, title II, § 203(b), Aug. 16, 2017, 131 Stat. 989, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply with re- spect to a month that begins on or after October 1, 2018.’’ EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–183, title III, § 302(e), Dec. 16, 2003, 117 Stat. 2659, provided that: ‘‘The amendments made by this section [amending this section and sections 3534, 3542, and 3687 of this title] shall take effect on July 1, 2004, and shall apply with respect to educational assist- ance allowances payable under chapter 35 and section 3687(b)(2) of title 38, United States Code, for months be- ginning on or after that date.’’ EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–103, title I, § 102(e), Dec. 27, 2001, 115 Stat. 978, provided that: ‘‘The amendments made by this sec- tion [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 as

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