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 assistance 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 2000 AMENDMENT Pub. L. 106–419, title I, § 111(e), Nov. 1, 2000, 114 Stat. 1830, provided that: ‘‘The amendments made by sub- sections (a) through (d) [amending this section and sec- tions 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 Oc- tober 2000.’’ Amendment by section 122(b)(4) of Pub. L. 106–419 ef- fective Mar. 1, 2001, and applicable with respect to li- censing and certification tests approved by the Sec- retary 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, § 8210(e), as added by Pub. L. 105–206, title IX, § 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 al- lowances paid for months after September 1998.’’ EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–446 applicable with re- spect 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 Pub. L. 102–568, title III, § 316(c), Oct. 29, 1992, 106 Stat. 4334, 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 Pub. L. 101–237, title IV, § 403(c), Dec. 18, 1989, 103 Stat. 2080, 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, respec- tively, 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 effec- tive Oct. 1, 1980, except as otherwise specifically pro- vided, 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 Effec- tive 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 ef- fective 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 train- ing 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 ef- fective 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 Pub. L. 89–222, § 4, Sept. 30, 1965, 79 Stat. 896, 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].’’ § 3533. Special assistance for the educationally disadvantaged (a)(1) Any eligible person shall be entitled to the assistance provided an eligible veteran Page 796 TITLE 38—VETERANS’ BENEFITS § 3534 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 cor- responding 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 bene- fits provided an eligible veteran under section 3492 of this title. (Added Pub. L. 92–540, title III, § 313, Oct. 24, 1972, 86 Stat. 1084, § 1733; amended Pub. L. 94–502, title III, § 310(17), (18), Oct. 15, 1976, 90 Stat. 2392; Pub. L. 98–223, title II, § 203(b), Mar. 2, 1984, 98 Stat. 41; Pub. L. 100–689, title I, § 106(c), Nov. 18, 1988, 102 Stat. 4167; Pub. L. 101–237, title IV, § 403(a)(8), Dec. 18, 1989, 103 Stat. 2079; Pub. L. 102–16, § 10(a)(6), Mar. 22, 1991, 105 Stat. 56; renumbered § 3533 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 1733 of this title as this section. Subsec. (a)(1). Pub. L. 102–83, § 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, § 5(c)(1), substituted ‘‘3511’’ for ‘‘1711’’ and ‘‘3492’’ for ‘‘1692’’. 1989—Subsec. (a)(1). Pub. L. 101–237 substituted ‘‘as- sistance 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, ex- cept that the corresponding rate provisions of this chapter shall apply, as determined by the Secretary of Veterans Affairs, to such pursuit by an eligible per- son.’’ 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 fol- lows: ‘‘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 depend- ents) under section 1691 (if pursued in a State) of this title.’’ 1984—Subsec. (a). Pub. L. 98–223 inserted ‘‘(with no de- pendents)’’ 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, § 310(17), substituted ‘‘spouse or surviving spouse’’ for ‘‘wife or widow’’ and ‘‘such spouse’’ for ‘‘she’’. Subsec. (b). Pub. L. 94–502, § 310(18), substituted ‘‘such person’’ for ‘‘he’’. Statutory Notes and Related Subsidiaries 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 Effec- tive 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 sec- tion 3512 of this title. § 3534. Apprenticeship or other on-job training; correspondence courses (a) Any eligible person shall be entitled to pur- sue, in a State, a program of apprenticeship or other on-job training and be paid a training as- sistance allowance as provided in section 3687 of this title. (b) Any eligible spouse or surviving spouse shall be entitled to pursue a program of edu- cation exclusively by correspondence and be paid an educational assistance allowance as pro- vided 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 $788 which is paid to the spouse as an educational assistance allowance for such course. (Added Pub. L. 92–540, title III, § 313, Oct. 24, 1972, 86 Stat. 1084, § 1734; amended Pub. L. 94–502, title III, § 310(19), Oct. 15, 1976, 90 Stat. 2392; Pub. L. 101–237, title IV, § 403(a)(9), Dec. 18, 1989, 103 Stat. 2079; renumbered § 3534 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105–178, title VIII, § 8210(b), as added Pub. L. 105–206, title IX, § 9014(b), July 22, 1998, 112 Stat. 866; Pub. L. 106–419, title I, § 111(b), Nov. 1, 2000, 114 Stat. 1830; Pub. L. 107–103, title I, § 102(b), Dec. 27, 2001, 115 Stat. 978; Pub. L. 108–183, title III, § 302(b), Dec. 16, 2003, 117 Stat. 2659.) Editorial Notes AMENDMENTS 2003—Subsec. (b). Pub. L. 108–183 substituted ‘‘$788’’ for ‘‘$670’’. 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, § 8210(b), as added by Pub. L. 105–206, § 9014(b), substituted ‘‘$485’’ for ‘‘$404’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1734 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3687’’ for ‘‘1787’’. Subsec. (b). Pub. L. 102–83, § 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 pe- riod 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’’.