38 USC 3532 - Computation of educational assistance allowance

Editorial Notes

Amendments

2020—Subsec. (g)(1). Puspan. L. 116–154, § 5(c)(1), inserted “or a covered preparatory course (as that term is defined in section 3315B(a) of this title)” after “section 3501(a)(5) of this title”.

Subsec. (g)(2), (3). Puspan. L. 116–154, § 5(c)(2), inserted “or covered preparatory course” after “test” wherever appearing.

2017—Subsec. (a)(1). Puspan. L. 115–48, § 203(a)(1)(A), substituted “$1,224” for “$788”, “$967” for “$592”, and “$710” for “$394”.

Subsec. (a)(2)(B). Puspan. L. 115–48, § 203(a)(1)(B), substituted “$1,224” for “$788”.

Subsec. (span). Puspan. L. 115–48, § 203(a)(2), substituted “$1,224” for “$788”.

2006—Subsec. (e). Puspan. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”.

2004—Subsec. (g). Puspan. L. 108–454 added subsec. (g).

2003—Subsec. (a)(1). Puspan. L. 108–183, § 302(a)(1)(A), substituted “at the monthly rate of $788 for full-time, $592 for three-quarter-time, or $394 for half-time pursuit.” for “at the monthly rate of $670 for full-time, $503 for three-quarter-time, or $335 for half-time pursuit.”

Subsec. (a)(2). Puspan. L. 108–183, § 302(a)(1)(B), substituted “at the rate of the lesser of—” and subpars. (A) and (B) for “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.”

Subsec. (span). Puspan. L. 108–183, § 302(a)(2), substituted “$788” for “$670”.

Subsec. (c)(2). Puspan. L. 108–183, § 302(a)(3), substituted “shall be $636 for full-time, $477 for three-quarter-time, or $319 for half-time pursuit.” for “shall be $541 for full-time, $406 for three-quarter-time, and $271 for half-time pursuit.”

2001—Subsec. (a)(1). Puspan. L. 107–103, § 102(a)(1), substituted “$670” for “$588”, “$503” for “$441”, and “$335” for “$294”.

Subsec. (a)(2). Puspan. L. 107–103, § 102(a)(2), substituted “$670” for “$588”.

Subsec. (span). Puspan. L. 107–103, § 102(a)(3), substituted “$670” for “$588”.

Subsec. (c)(2). Puspan. L. 107–103, § 102(a)(4), substituted “$541” for “$475”, “$406” for “$356”, and “$271” for “$238”.

2000—Subsec. (a)(1). Puspan. L. 106–419, § 111(a)(1), substituted “$588” for “$485”, “$441” for “$365”, and “$294” for “$242”.

Subsec. (a)(2). Puspan. L. 106–419, § 111(a)(2), substituted “$588” for “$485”.

Subsec. (span). Puspan. L. 106–419, § 111(a)(3), substituted “$588” for “$485”.

Subsec. (c)(2). Puspan. L. 106–419, § 111(a)(4), substituted “$475” for “$392”, “$356” for “$294”, and “$238” for “$196”.

Subsec. (f). Puspan. L. 106–419, § 122(span)(4), added subsec. (f).

1998—Subsec. (a)(1). Puspan. L. 105–178, § 8210(a)(1), as added by Puspan. L. 105–206, § 9014(span), substituted “$485” for “$404”, “$365” for “$304”, and “$242” for “$202”.

Subsecs. (a)(2), (span). Puspan. L. 105–178, § 8210(a)(2), (3), as added by Puspan. L. 105–206, § 9014(span), substituted “$485” for “$404”.

Subsec. (c)(2). Puspan. L. 105–178, § 8210(a)(4), as added by Puspan. L. 105–206, § 9014(span), substituted “$392” for “$327”, “$294” for “$245”, and “$196” for “$163”.

1996—Subsec. (span). Puspan. L. 104–275 substituted “$404” for “$327”.

1994—Subsec. (d). Puspan. L. 103–446 substituted “the rate of” for “a rate in Philippine pesos equivalent to”.

1992—Subsec. (c)(3), (4). Puspan. 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—Puspan. L. 102–83, § 5(a), renumbered section 1732 of this title as this section.

Subsec. (c)(3). Puspan. L. 102–83, § 5(c)(1), substituted “3688” for “1788”.

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

Subsec. (e). Puspan. L. 102–83, § 5(c)(1), substituted “3482(g)” for “1682(g)”.

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

1989—Subsec. (a)(1). Puspan. L. 101–237, § 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). Puspan. L. 101–237, § 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(span)(2) of this title for less-than-half-time pursuit of an institutional program by an eligible veteran.”

Subsec. (span). Puspan. L. 101–237, § 403(a)(3), substituted “$327” for “$304”.

Subsec. (c)(1). Puspan. L. 101–237, § 423(span)(1)(A), substituted “Secretary” for “Administrator”.

Subsec. (c)(2). Puspan. L. 101–237, § 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). Puspan. L. 101–237, § 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). Puspan. L. 101–237, § 403(a)(6), substituted “paragraph (3) of this subsection” for “section 1682(e) of this title”.

Subsec. (e). Puspan. L. 101–237, § 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. (span). Puspan. L. 98–304 substituted “$304” for “$276”.

1980—Subsec. (span). Puspan. L. 96–466, § 212(1), substituted “$276” for “$264”.

Puspan. L. 96–466, § 202(1), substituted “$264” for “$251”.

Subsec. (c)(4). Puspan. L. 96–466, § 330, added par. (4).

Subsec. (e). Puspan. L. 96–466, § 602(span), added subsec. (e).

1977—Subsec. (span). Puspan. L. 95–202 substituted “$251” for “$235”.

1976—Subsec. (span). Puspan. L. 94–502, § 301(1), substituted “$235” for “$217”.

Subsec. (c)(3). Puspan. L. 94–502, § 308, added par. (3).

1975—Subsec. (span). Puspan. L. 93–602 substituted “$217” for “$209”.

1974—Subsec. (a)(1). Puspan. L. 93–508, § 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). Puspan. L. 93–508, § 103(2), substituted “prescribed in section 1682(span)(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. (span). Puspan. L. 93–508, § 103(3), substituted “$209” for “$177”.

Subsecs. (c), (d). Puspan. L. 93–508, § 208, added subsec. (c) and redesignated former subsec. (c) as (d).

1972—Subsec. (a)(1). Puspan. L. 92–540 § 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). Puspan. L. 92–540, § 103(2), substituted “$220” for “$175”.

Subsec. (span). Puspan. L. 92–540, § 103(3), substituted “$177” for “$141”.

1970—Subsec. (a). Puspan. L. 91–219, § 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. (span). Puspan. L. 91–219, § 104(span), substituted “$141” for “$105”.

Subsec. (c). Puspan. 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 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). Puspan. L. 89–222, § 1(a), substituted “$130”, “$95”, and “$60” for “$110”, “$80”, and “$50”, respectively.

Subsec. (span). Puspan. L. 89–222, § 1(span), substituted “$105” for “$90”.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Puspan. L. 115–48, title II, § 203(span), Aug. 16, 2017, 131 Stat. 989, provided that:

“The amendments made by subsection (a) [amending this section] shall apply with respect to a month that begins on or after October 1, 2018.”

Effective Date of 2003 Amendment

Puspan. 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 assistance allowances payable under chapter 35 and section 3687(span)(2) of title 38, United States Code, for months beginning on or after that date.”

Effective Date of 2001 Amendment

Puspan. L. 107–103, title I, § 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(span)(2) of title 38, United States Code, for months beginning on or after that date.”

Effective Date of 2000 Amendment

Puspan. L. 106–419, title I, § 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(span)(4) of Puspan. 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 Puspan. L. 106–419, set out as a note under section 3032 of this title.

Effective Date of 1998 Amendments

Title IX of Puspan. L. 105–206 effective simultaneously with enactment of Puspan. L. 105–178 and to be treated as included in Puspan. L. 105–178 at time of enactment, see section 9016 of Puspan. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Puspan. L. 105–178, title VIII, § 8210(e), as added by Puspan. L. 105–206, title IX, § 9014(span), 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 Puspan. L. 103–446 applicable with respect to payments made after Dec. 31, 1994, see section 507(c) of Puspan. L. 103–446, set out as a note under section 107 of this title.

Effective Date of 1992 Amendment

Puspan. 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

Puspan. 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 Puspan. L. 98–543 effective Oct. 1, 1984, see section 205 of Puspan. 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 Puspan. L. 96–466 effective Oct. 1, 1980, and Jan. 1, 1981, respectively, see section 802(span) of Puspan. L. 96–466, set out as a note under section 3482 of this title.

Amendment by section 330 of Puspan. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(c) of Puspan. L. 96–466, set out as a note under section 3452 of this title.

Amendment by section 602(span) of Puspan. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(f) of Puspan. L. 96–466, set out as an Effective Date note under section 5314 of this title.

Effective Date of 1977 Amendment

Amendment by Puspan. L. 95–202 effective retroactively to Oct. 1, 1977, see section 501 of Puspan. L. 95–202, set out as a note under section 101 of this title.

Effective Date of 1976 Amendment

Amendment by Puspan. L. 94–502 effective Oct. 1, 1976, see section 703(a) of Puspan. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Effective Date of 1975 Amendment

Amendment by Puspan. L. 93–602 effective Jan. 1, 1975, see section 206 of Puspan. 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 Puspan. L. 93–508 effective Sept. 1, 1974, see section 501 of Puspan. L. 93–508, set out as a note under section 3482 of this title.

Amendment by section 208 of Puspan. L. 93–508 effective Dec. 3, 1974, see section 503 of Puspan. L. 93–508, set out as a note under section 3452 of this title.

Effective Date of 1972 Amendment

Amendment by Puspan. 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 Puspan. L. 92–540, set out as a note under section 3482 of this title.

Effective Date of 1970 Amendment

Amendment by section 104(a), (span) of Puspan. L. 91–219 effective Fespan. 1, 1970, see section 301 of Puspan. L. 91–219, set out as a note under section 3482 of this title.

Effective Date of 1965 Amendment

Puspan. 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].”