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Title 38 — Veterans’ Benefits

Part III · Chapter 35 — Survivors’ and Dependents’ Educational Assistance

§ 3533. Special assistance for the educationally disadvantaged

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Vietnam Era Veterans’ Readjustment Assistance Act of 1972

    Pub. L. 92–540 title III § 313 · 86 Stat. 1074

    Enacted · 38 U.S.C. § 3533

    Added Pub. L. 92–540, title III, § 313, Oct. 24, 1972, 86 Stat. 1084, § 1733

    Source evidence

    Code source credit
    Added Pub. L. 92–540, title III, § 313, Oct. 24, 1972, 86 Stat. 1084, § 1733

    Enacted provision · exact public law section
    Sec. 313. Sections 1733 and 1734 of title 38, United States Code, are amended to read as follows: “§ 1733. Special assistance for the educationally disadvantaged “(a) Any eligible wife or widow shall, without charge to any entitlement. she may have under section 1711 of this title, be entitled to the benefits provided an eligible veteran under section 1691 (if pursued Ante, p. 1081. Ante, p. 1075. in a State) of this title and be paid an educational assistance allowance under the provisions of section 1732(a) of this title. “(b) Any eligible person shall, without charge to any entitlement he may have under section 1711 of this title, be entitled to the benefits 84 Stat. 80. provided an eligible veteran under section 1692 of this title. “§ 1734. Apprenticeship or other on-job training; correspondence courses “(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 Post, p. 1085. training assistance allowance as provided in section 1787 of this title. “(b) Any eligible wife or widow shall be entitled to pursue a program of education exclusively by correspondence and be paid an educational Infra. 81 Stat. 186; 84 Stat. 83. assistance allowance as provided in section 1786 of this title.”

  2. Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 § 310(17) · 90 Stat. 2383

    1. Substituted · 38 U.S.C. § 3533(a)

      Pub. L. 94–502, § 310(17), substituted “spouse or surviving spouse” for “wife or widow”

    2. Substituted · 38 U.S.C. § 3533(a)

      Pub. L. 94–502, § 310(17), substituted “such spouse” for “she”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–502, § 310(17), substituted “spouse or surviving spouse” for “wife or widow” and “such spouse” for “she”.

    Enacted provision · exact public law section
    (17) by striking out in section 1733(a) “wife or widow” and “she” and inserting in lieu thereof “spouse or surviving spouse” and “such spouse”, respectively;

  3. Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 § 310(18) · 90 Stat. 2383

    Substituted · 38 U.S.C. § 3533(b)

    Pub. L. 94–502, § 310(18), substituted “such person” for “he”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–502, § 310(18), substituted “such person” for “he”.

    Enacted provision · exact public law section
    (18) by striking out in section 1733(b) “he” and inserting in lieu thereof “such person”;

  4. Veterans’ Compensation and Program Improvements Amendments of 1984

    Pub. L. 98–223 title II § 203(b) · 98 Stat. 37

    1. Inserted · 38 U.S.C. § 3533(a)

      Pub. L. 98–223 inserted “(with no dependents)” after “an eligible veteran”

    2. Struck · 38 U.S.C. § 3533(a)

      Pub. L. 98–223 struck out “and be paid an educational assistance allowance under the provisions of section 1732(a) of this title”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (b) Section 1733(a) is amended— 38 USC 1733. (1) by inserting “(with no dependents)” after “an eligible veteran”; and (2) by striking out all after “of this title” the second place it appears and inserting in lieu thereof a period.

  5. Veterans’ Benefits and Programs Improvement Act of 1988

    Pub. L. 100–689 title I § 106(c) · 102 Stat. 4161

    Amended · 38 U.S.C. § 3533(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (c) Survivors’ and Dependents’ Educational Assistance Program.— Subsection (a) of section 1733 is amended to read as follows: “(a) (1) Any eligible person shall be entitled to the benefits provided an eligible veteran (with no dependents) under section 1691 (if pursued in a State) of this title. “(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.”.

  6. Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 title IV § 403(a)(8) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3533(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (8) in section 1733(a)(1), by striking out “benefits” and all that follows through the end of the paragraph and inserting in lieu thereof “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.”;

    Effective date note
    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.

  7. Pub. L. 102–16 § 10(a)(6) · 105 Stat. 48

    Substituted · 38 U.S.C. § 3533(a)(1)

    Pub. L. 102–16 substituted “Secretary” for “Secretary of Veterans Affairs”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–16 substituted “Secretary” for “Secretary of Veterans Affairs”.

    Enacted provision · exact public law section
    (6) Sections 1732(c)(3), 1732(e), and 1733(a)(1) are amended by striking out “Secretary of Veterans Affairs” and inserting in lieu thereof “Secretary”.

  8. Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 3533

    Pub. L. 102–83, § 5(a), renumbered section 1733 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1733 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  9. Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 3533(a)(1)

      Pub. L. 102–83, § 5(c)(1), substituted “3491(a)” for “1691(a)”

    2. Substituted · 38 U.S.C. § 3533(a)(1)

      Pub. L. 102–83, § 5(c)(1), substituted “3491(b)” for “1691(b)”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–83, § 5(c)(1), substituted “3491(a)” for “1691(a)” and “3491(b)” for “1691(b)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

  10. Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 3533(b)

      Pub. L. 102–83, § 5(c)(1), substituted “3511” for “1711”

    2. Substituted · 38 U.S.C. § 3533(b)

      Pub. L. 102–83, § 5(c)(1), substituted “3492” for “1692”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3511” for “1711” and “3492” for “1692”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

14 of 14 references resolved to an enrolled provision

Editorial Notes

Amendments1976–1991 · 5 rounds

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 “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, § 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 , 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 , 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 , 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 , see section 604 of Pub. L. 92–540, set out as a note under section 3512 of this title.

Credits

1972–1991 · 7 acts
  1. 1972Added Pub. L. 92–540, title III, § 313, , 86 Stat. 1084, § 1733
  2. 1976amended Pub. L. 94–502, title III, § 310(17), (18), , 90 Stat. 2392
  3. 1984Pub. L. 98–223, title II, § 203(b), , 98 Stat. 41
  4. 1988Pub. L. 100–689, title I, § 106(c), , 102 Stat. 4167
  5. 1989Pub. L. 101–237, title IV, § 403(a)(8), , 103 Stat. 2079
  6. 1991Pub. L. 102–16, § 10(a)(6), , 105 Stat. 56
  7. 1991renumbered § 3533 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406.
Show as published

(Added Pub. L. 92–540, title III, § 313, , 86 Stat. 1084, § 1733; amended Pub. L. 94–502, title III, § 310(17), (18), , 90 Stat. 2392; Pub. L. 98–223, title II, § 203(b), , 98 Stat. 41; Pub. L. 100–689, title I, § 106(c), , 102 Stat. 4167; Pub. L. 101–237, title IV, § 403(a)(8), , 103 Stat. 2079; Pub. L. 102–16, § 10(a)(6), , 105 Stat. 56; renumbered § 3533 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406.)

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