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38 U.S.C. § 3565 — Children of certain Philippine veterans

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

38 U.S.C. § 3565 — Children of certain Philippine veterans

**(a) Basic Eligibility.—** The term “eligible person” as used in [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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3566&num=0&edition=prelim). **(b) Administrative Provisions.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3532&num=0&edition=prelim) and the special training allowance authorized by [section 3542 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3542&num=0&edition=prelim) 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. **(c) Delimiting Dates.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3512&num=0&edition=prelim) shall not end until the expiration of the five-year period which begins on September 30, 1966.

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Source location: Title 38, Chapter 35, § 3565; 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. § 3566 — Definitions

**(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: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3566

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

38 U.S.C. § 107 — Certain service deemed not to be active service

**(a)** Service before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States 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, shall not be deemed to have been active military, naval, or air service for the purposes of any law of the United States conferring rights, privileges, or benefits upon any person by reason of the service of such person or the service of any other person in the Armed Forces, except benefits under— (1) contracts of National Service Life Insurance entered into before February 18, 1946; (2) chapter 10 of title 37; and (3) chapters 11, 13 (except section 1312(a)), 23, and 24 (to the extent provided for in section 2402(a)(8)) of this title. Except as provided in subsection (c) or (d), payments under such chapters shall be made at a rate of $0.50 for each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying such annual income shall apply at a rate of $0.50 for each dollar. Any payments made before February 18, 1946, to any such member under such laws conferring rights, benefits, or privileges shall not be deemed to have been invalid by reason of the circumstance that such member’s service was not service in the Armed Forces or any component thereof within the meaning of any such law. **(b)** Service in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act o

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 107

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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. § 3542 — Special training allowance

**(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 $788 per month. If the charges for tuition and fees applicable to any such course are more than $247 per calendar month, the basic monthly allowance may be increased by the amount that such charges exceed $247 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: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3542

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3532

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

38 U.S.C. § 1761 to 1764 — Repealed. Pub. L. 102–585, title V, § 514(a), Nov. 4, 1992, 106 Stat. 4958]

### Statutory Notes Section 1761, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 661; amended Pub. L. 98–160, title I, § 106(b), Nov. 21, 1983, 97 Stat. 998; renumbered § 1761, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, related to purpose of this subchapter, which established a preventive health-care services pilot program. Prior section 1761 was renumbered [section 3561 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3561&num=0&edition=prelim). Section 1762, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 662; renumbered § 1762 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–585, title V, § 513(a), Nov. 4, 1992, 106 Stat. 4958, defined the term “preventive health-care services” for purposes of this subchapter. [Section 1762 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1762&num=0&edition=prelim) was transferred to [section 1701(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1701/9&num=0&edition=prelim) by Pub. L. 102–585. Prior section 1762 was renumbered [section 3562 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3562&num=0&edition=prelim). Section 1763, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 663; amended Pub. L. 96–128, title V, § 501(d), Nov. 28, 1979, 93 Stat. 987; Pub. L. 98–160, title I, § 106(c), Nov. 21, 1983, 97 Stat. 998; Pub. L. 99–272, title XIX, § 19011(d)(6), Apr. 7, 1986, 100 Stat. 379; renumbered § 1763 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406, related to provision of prev

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

38 U.S.C. § 3565 — Children of certain Philippine veterans

Page 802 TITLE 38—VETERANS’ BENEFITS § 3564 ability 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’’ for ‘‘each eligible person defined in section 3501(a)(1)(A) of this title’’. Pub. L. 109–444, which substituted ‘‘each eligible per- son whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the cat- egories referred to in section 3501(a)(1)(C) of this title’’ for ‘‘each eligible person defined in section 3501(a)(1)(A) of this title’’, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above. 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 ‘‘Ad- ministrator’’. 1982—Pub. L. 97–295 substituted ‘‘of this title’’ for ‘‘of this chapter’’. 1976—Pub. L. 94–502 substituted ‘‘such person’s’’ for ‘‘his’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by section 301(b)(5) of Pub. L. 109–461 ap- plicable with respect to a payment of educational as- sistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 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 Effec- tive Date note under section 3693 of this title. § 3564. Annual adjustment of amounts of edu- cational assistance (a) With respect to any fiscal year, the Sec- retary shall provide a percentage increase in the rates payable under sections 3532, 3534(b), and 3542(a) of this title equal to the percentage by which— (1)

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