Source
(Added Pub. L. 89–358, § 2,Mar. 3, 1966, 80 Stat. 18, § 1682; amended Pub. L. 90–77, title III, §§ 301,
303
(b),Aug. 31, 1967, 81 Stat. 184, 185; Pub. L. 90–631, § 3,Oct. 23, 1968, 82 Stat. 1333; Pub. L. 91–219, title I, § 103(a)–(d), title II, § 204(a)(3),Mar. 26, 1970, 84 Stat. 76, 77, 79; Pub. L. 91–584, § 9,Dec. 24, 1970, 84 Stat. 1577; Pub. L. 92–540, title I, § 102(2)–(4), title III, § 303, title IV, § 401(4), (5),Oct. 24, 1972, 86 Stat. 1075, 1081, 1090; Pub. L. 93–508, title I, § 102(2)–(4), title II, § 204,Dec. 3, 1974, 88 Stat. 1579, 1582; Pub. L. 93–602, title II, § 203(b),Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94–502, title II, §§ 201(1)–(3), 207, Oct. 15, 1976, 90 Stat. 2384, 2385, 2387; Pub. L. 95–202, title I, § 102(2)–(4), Nov. 23, 1977, 91 Stat. 1434; Pub. L. 96–466, title II, §§ 201(2)–(4), 211(2)–(4), title III, §§ 308–310, title VI, § 602(a),Oct. 17, 1980, 94 Stat. 2187–2190, 2194, 2208; Pub. L. 97–35, title XX, § 2003(b)(5),Aug. 13, 1981, 95 Stat. 782; Pub. L. 97–306, title II, §§ 204,
205(b),Oct. 14, 1982, 96 Stat. 1434; Pub. L. 98–160, title VII, § 702(11),Nov. 21, 1983, 97 Stat. 1009; Pub. L. 98–543, title II, § 202(1)–(3), Oct. 24, 1984, 98 Stat. 2741; Pub. L. 101–237, title IV, § 423(b)(1)(A),Dec. 18, 1989, 103 Stat. 2092; renumbered § 3482 and amended Pub. L. 102–83, § 5(a), (c)(1),Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, § 104(a),Oct. 9, 1996, 110 Stat. 3327; Pub. L. 106–419, title I, § 122(b)(3),Nov. 1, 2000, 114 Stat. 1834; Pub. L. 109–461, title X, § 1002(d),Dec. 22, 2006, 120 Stat. 3465.)
Prior Provisions
Provisions similar to those comprising subsecs. (a), (b)(2), (c)(1), and (c)(2) of this section were contained in
Pub. L. 85–857, Sept. 2, 1958,
72 Stat. 1176, 1180, which was classified to former sections
1632(a) and (b), (f), (e), and
1611(c) of this title, respectively, prior to repeal by section 4(a) of
Pub. L. 89–358.
Amendments
2006—Subsec. (g)(1).
Pub. L. 109–461substituted “local, or other penal institution or correctional facility” for “or local penal institution”.
2000—Subsec. (h).
Pub. L. 106–419added subsec. (h).
1996—Subsec. (f).
Pub. L. 104–275struck out “in part” after “pursuing a course”.
1991—
Pub. L. 102–83, § 5(a), renumbered section
1682 of this title as this section.
Subsec. (a)(1).
Pub. L. 102–83, § 5(c)(1), substituted “3687” for “1787”.
Subsec. (b).
Pub. L. 102–83, § 5(c)(1), substituted “3688” for “1788” in last sentence.
Subsec. (d)(1), (3).
Pub. L. 102–83, § 5(c)(1), substituted “3471” for “1671” in par. (1) and “3461(a)” for “1661(a)” in par. (3).
Subsec. (e).
Pub. L. 102–83, § 5(c)(1), substituted “3688” for “1788”.
Subsec. (g)(1).
Pub. L. 102–83, § 5(c)(1), substituted “3687(b)(1)” for “1787(b)(1)”.
1989—Subsecs. (c)(1), (e), (g)(1).
Pub. L. 101–237substituted “Secretary” for “Administrator” wherever appearing.
1984—Subsec. (a)(1).
Pub. L. 98–543, § 202(1), increased the monthly educational assistance allowance for eligible veterans in column II from $342, $257, $171, and $276 to $376, $283, $188 and $304; in column III from $407, $305, $204 and $323 to $448, $336, $224 and $355; in column IV from $464, $348, $232, and $367 to $510, $383, $255, and $404; in column V from $29, $22, $15 and $21 to $32, $24, $17, and $23, respectively.
Subsec. (b).
Pub. L. 98–543, § 202(2), substituted “$376” for “$342”.
Subsec. (c)(2).
Pub. L. 98–543, § 202(3), increased the monthly educational assistance allowance for eligible veterans pursuing a farm cooperative program in column II from $276, $207, and $138 to $304, $228 and $152; in column III from $323, $242 and $162 to $355, $266 and $178; in column IV from $367, $275 and $184 to $404, $303 and $202; in column V from $21, $16 and $11 to $23, $18 and $12, respectively.
1983—Subsec. (c)(1)(C).
Pub. L. 98–160inserted a comma after “hours per week)”.
1982—Subsec. (a)(1).
Pub. L. 97–306, § 204(1), substituted “(c), or (g)” for “or (c)” after “subsection (b),”.
Subsec. (e).
Pub. L. 97–306, § 204(2), substituted provision that the amount of such veteran’s entitlement to educational assistance under this chapter shall be charged in accordance with the rate at which the veteran is pursuing the independent study program but at not more than the rate at which such entitlement is charged for pursuit of such program on less than a half-time basis for provision that the entitlement would be charged at one-half of the full-time institutional rate.
Subsec. (g)(1).
Pub. L. 97–306, § 205(b)(1), inserted provision that the amount of the educational assistance allowance payable to a veteran while incarcerated shall be reduced to the extent that the tuition and fees of the veteran for any course are paid under any Federal program (other than a program administered by the Administrator) or under any State or local program.
Subsec. (g)(2).
Pub. L. 97–306, § 205(b)(2), inserted “not” after “shall”, and struck out “if the Administrator determines that all the veteran’s living expenses are being defrayed by a Federal, State, or local government” at the end.
1981—Subsec. (a)(1).
Pub. L. 97–35struck out reference to section
1677 of this title.
1980—Subsec. (a)(1).
Pub. L. 96–466, § 211(2), increased the monthly educational assistance allowance for eligible veterans in column II from $327, $245, $164, and $264 to $342, $257, $171, and $276; in column III from $389, $292, $195, and $309 to $407, $305, $204, and $323; in column IV from $443, $332, $222, and $351 to $464, $348, $232, and $367; in column V from $27, $20, and $14 to $29, $22, and $15, respectively.
Pub. L. 96–466, § 201(2), increased the monthly educational assistance allowance for eligible veterans in column II from $311, $233, $156, and $251 to $327, $245, $164, and $264; in column III from $370, $277, $185, and $294 to $389, $292, $195, and $309; in column IV from $422, $317, $211, and $334 to $443, $332, $222, and $351; in column V from $26, $19, $13, and $19 to $27, $20, $14, and $21, respectively.
Subsec. (b).
Pub. L. 96–466, § 211(3), substituted “$342” for “$327”.
Pub. L. 96–466, § 201(3), substituted “$327” for “$311”.
Pub. L. 96–466, § 308, inserted provision that an individual’s entitlement be charged for institutional courses on the basis of the applicable monthly training time rate as determined under section
1788 of this title.
Subsec. (c)(2).
Pub. L. 96–466, § 211(4), increased the monthly educational assistance allowance for eligible veterans pursuing a farm cooperative program in column II from $264, $198, and $132 to $276, $207, and $138; in column III from $309, $232, and $155 to $323, $242, and $162; in column IV from $351, $263, and $176 to $367, $275, and $184; in column V from $20, $15, and $10 to $21, $16, and $11, respectively.
Pub. L. 96–466, § 201(4), increased the monthly educational assistance allowance for eligible veterans pursuing a farm cooperative program in column II from $251, $188, and $126 to $264, $198, and $132; in column III from $294, $221, and $147 to $309, $232, and $155; in column IV from $334, $251, and $167 to $351, $263, and $176; in column V from $19 to $20, respectively.
Subsec. (e).
Pub. L. 96–466, § 309, substituted reference to the rate provided in subsec. (b) of this section for reference to the rate provided in subsec. (b)(2) of this section, inserted provision that if the entire training be pursued by independent study, entitlement be charged at one-half of the full-time institutional rate, substituted provisions relating to the payment of the educational assistance allowance in any case in which independent study is combined with resident training for provisions relating to the maximum allowance in those cases where independent study is combined with resident training and the resident training constitutes the major portion of such training, and inserted provision that a veteran’s entitlement be charged for a combination of independent study and resident training on the basis of the applicable monthly training time rate as determined under section
1788 of this title.
Subsec. (f).
Pub. L. 96–466, § 310, added subsec. (f).
Subsec. (g).
Pub. L. 96–466, § 602(a), added subsec. (g).
1977—Subsec. (a)(1).
Pub. L. 95–202, § 102(2), increased the monthly educational assistance allowance for eligible veterans in column II from $292, $219, $146, and $235 to $311, $233, $156, and $251; in column III from $347, $260, $174, and $276 to $370, $277, $185, and $294; in column IV from $396, $297, $198, and $313 to $422, $317, $211, and $334; in column V from $24, $18, $12, and $18 to $26, $19, $13, and $19, respectively.
Subsec. (b).
Pub. L. 95–202, § 102(3), substituted “$311” for “$292”.
Subsec. (c)(2).
Pub. L. 95–202, § 102(4), increased the monthly educational assistance allowance for eligible veterans pursuing a farm cooperative program in column II from $235, $176, and $118 to $251, $188, and $126; in column III from $276, $207, and $138 to $294, $221, and $147; in column IV from $313, $235, and $157 to $334, $251, and $167; in column V from $18, $14, and $9 to $19, $15, and $10, respectively.
1976—Subsec. (a)(1).
Pub. L. 94–502, § 201(1), increased the monthly educational assistance allowance for eligible veterans in column II from $270, $203, $135, and $217 to $292, $219, $146 and $235; in column III from $321, $240, $160, and $255 to $347, $260, $174, and $276; in column IV from $366, $275, $182, and $289 to $396, $297, $198, and $313; in column V from $22, $17, $11, and $17 to $24, $18, $12, and $18, respectively.
Subsec. (b).
Pub. L. 94–502, § 201(2), substituted “$292” for “$270”.
Subsec. (c)(2).
Pub. L. 94–502, § 201(3), increased the monthly educational assistance allowance for eligible veterans pursuing a farm cooperative program in column II from $217, $163, and $109 to $235, $176, and $118; in column III from $255, $191, and $128 to $276, $207 and $138; in column IV from $289, $218, and $145 to $313, $235, and $157; in column V from $17, and $13 to $18, and $14, respectively.
Subsec. (e).
Pub. L. 94–502, § 207, added subsec. (e).
1975—Subsec. (b).
Pub. L. 93–602substituted “$270” for “$260”.
1974—Subsec. (a)(1).
Pub. L. 93–508, § 102(2), increased the monthly educational assistance allowance for eligible veterans in column II from $220, $165, $110, and $177 to $270, $203, $135, and $217; in column III from $261, $196, $131, and $208 to $321, $240, $160, and $255; in column IV from $298, $224, $149, and $236 to $366, $275, $182, and $289; and in column V from $18, $14, $9, and $14 to $22, $17, $11, and $17, respectively.
Subsec. (b).
Pub. L. 93–508, § 102(3), substituted “$260” for “$220”.
Subsec. (c)(2).
Pub. L. 93–508, § 102(4), increased the educational assistance allowance rates for eligible veterans pursuing a farm cooperative program in column II from $177, $133, and $89 to $217, $163, and $109; in column III from $208, $156, and $104 to $255, $191, and $128; in column IV from $236, $177, and $118 to $289, $218, and $145; and in column V from $14, $11, and $7 to $17, $13, and $9 respectively.
Subsec. (d).
Pub. L. 93–508, § 204, added subsec. (d).
1972—Subsec. (a)(1),
Pub. L. 92–540, §§ 102(2),
401(4), substituted references to subsec. (c) of this section and section
1787 of this title for references to subsec. (c)(1) or (d) of this section and section
1683 of this title, respectively, and increased the monthly educational assistance allowance for eligible veterans in column II from $175, $128, $81, and $141 to $220, $165, $110, and $177; in column III from $205, $152, $100, and $167 to $261, $196, $131, and $208; in column IV from $230, $177, $114, and $192 to $298, $224, $149, and $236; and in column V from $13, $10, $7, and $10 to $18, $14, $9, and $14, respectively.
Subsec. (b).
Pub. L. 92–540, §§ 102(3),
401(5), substituted “$220” for “$175”, and struck out provisions relating to payment of the educational assistance allowance provided by this subsection and the educational assistance allowance provided by section
1696(b) of this title.
Subsecs. (c), (d).
Pub. L. 92–540, §§ 102(4),
303, struck out subsec. (c) which related to the computation of the educational assistance allowance of an eligible veteran pursuing a program of education exclusively by correspondence. Subsec. (d) redesignated (c), and, as so redesignated, in par. (1)(A) generally amended prerequisites for a full-time basis program, in par. (1)(B) substituted “7” for “9”, in par. (1)(C) substituted “5” for “6”, following par. (1)(C) inserted provision relating to the computation of the clock hour requirements, and in par. (2) increased the educational assistance allowance rates for eligible veterans pursuing a farm cooperative program in column II from $141, $101, and $67 to $177, $133, and $89; in column III from $165, $119, and $79 to $208, $156, and $104; in column IV from $190, $138, and $92 to $236, $177, and $118; and in column V from $10, $7, and $4 to $14, $11, and $7, respectively.
1970—Subsec. (a)(1).
Pub. L. 91–219, § 103(a), increased the monthly educational assistance allowance for eligible veterans in column II from $130, $95, $60, and $105 to $175, $128, $81, and $141; in column III from $155, $115, $75, and $125 to $205, $152, $100, and $167; in column IV from $175, $135, $85, and $145 to $230, $177, $114, and $192; in column V from $10, $7, $5, and $7 to $13, $10, $7, and $10, respectively.
Subsec. (b).
Pub. L. 91–219, §§ 103(b),
204(a)(3), substituted “$175” for “$130” and inserted provision that educational assistance allowance provided by this subsection and the educational assistance allowance provided by section
1696(b) be made in an amount computed for the entire quarter, semester, or term during the month immediately following the month in which certification is received.
Subsec. (c)(1).
Pub. L. 91–584inserted definition of “established charge”.
Subsec. (c)(2).
Pub. L. 91–219, § 103(c), substituted “$175” for “$130”.
Subsec. (d)(2).
Pub. L. 91–219, § 103(d), increased the educational assistance allowance rates for eligible veterans pursuing a farm cooperative program in column II from $105, $75, and $50 to $141, $101, and $67; in column III from $125, $90, and $60 to $165, $119 and $79; in column IV from $145, $105, and $70 to $190, $138, and $92; in column V from $7, $5, and $3 to $10, $7, and $4, respectively.
1968—Subsec. (a)(2).
Pub. L. 90–631, § 3(b)(1), inserted “, other than a ‘farm cooperative’ program,” after “A ‘cooperative’ program”.
Subsec. (c)(2).
Pub. L. 90–631, § 3(a), substituted provisions charging the period of entitlement of any eligible veteran with one month for each $130 paid to such veteran as an educational assistance allowance when such veteran is pursuing a program of education exclusively by correspondence for provisions charging the period of entitlement of any eligible veteran with one-fourth of the elapsed time in following such program of education.
Subsec. (d).
Pub. L. 90–631, § 3(b)(2), inserted requirement that the “farm cooperative” program consist of institutional agricultural courses prescheduled to fall within 44 weeks of any period of 12 consecutive months, inserted provisions making veterans pursuing programs of 6 or 9 clock hours per week eligible to receive an educational assistance allowance, and substituted provisions that the appropriate rate for such allowance shall be as provided in the table set out in subsec. (d)(2) of this section for provisions that the appropriate rate shall be as provided in the table set out in subsec. (a)(1) of this section opposite the word “Cooperative” under Column I of such table.
1967—Subsec. (a)(1).
Pub. L. 90–77, § 301(a), (b), included in text preceding the table references to subsec. (d) of this section, sections
1677 and
1683 of this title, and column V; and, increased the monthly educational assistance allowance in column II from $100, $75, $50, and $80 to $130, $95, $60, and $105; in column III from $125, $95, $65, and $100 to $155, $115, $75, and $125; in column IV from $150, $115, $75, and $120 to $175, $135, $85, and $145 (restricting column IV to two dependents), and added column V (formerly covered in former column IV), respectively.
Subsec. (b)(2)(B).
Pub. L. 90–77, § 301(c), substituted “$130” for “$100”.
Subsec. (d).
Pub. L. 90–77, § 303(b), added subsec. (d).
Effective Date of 2000 Amendment
Amendment by
Pub. L. 106–419effective 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
Pub. L. 106–419, set out as a note under section
3032 of this title.
Effective Date of 1984 Amendment
Amendment by
Pub. L. 98–543effective 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 1981 Amendment
Amendment by
Pub. L. 97–35effective Oct. 1, 1981, except as otherwise provided, see section 2006 of
Pub. L. 97–35, set out as a note under section
3231 of this title.
Effective Date of 1980 Amendment
Section 802(b) of
Pub. L. 96–466provided that:
“(1) The amendments made by part A of title II [sections 201 to 203 of
Pub. L. 96–466, see Tables for classification] shall become effective on October 1, 1980.
“(2) The amendments made by part B of title II [sections 211 to 213 of
Pub. L. 96–466, see Tables for classification] shall become effective on January 1, 1981.”
Amendment by sections 308 to 310 of
Pub. L. 96–466[amending this section] 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(a) of
Pub. L. 96–466[amending this section] effective Oct. 1, 1980, except as otherwise specifically provided, 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. 95–202effective 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. 94–502effective Oct. 1, 1976, see section 703(a) of
Pub. L. 94–502, set out as an Effective Date note under section
3693 of this title.
Effective Date of 1975 Amendment
Section 206 of title II of
Pub. L. 93–602provided that: “The provisions of this title [see Tables for classification] shall become effective on January 1, 1975.”
Effective Date of 1974 Amendment
Section 501 of
Pub. L. 93–508provided that: “Title I of this Act [see Tables for classification] shall become effective on September 1, 1974.”
Amendment by section 204 of
Pub. L. 93–508effective 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
Section 601(a) of
Pub. L. 92–540provided that: “The rate increases provided in Title I of this Act [see Tables for classification] and the rate increases provided by the provisions of section
1787 [now 3687], title 38, United States Code (as added by section 316 of this Act) shall become effective October 1, 1972; except, for those veterans and eligible persons in training on the date of enactment [Oct. 24, 1972], the effective date shall be the date of the commencement of the current enrollment period, but not earlier than September 1, 1972.”
Amendment by section 303 of
Pub. L. 92–540not to effect any enrollment agreement entered into by an eligible veteran prior to Jan. 1, 1973, see section 602 of
Pub. L. 92–540, set out as an Effective Date note under section
3686 of this title.
Effective Date of 1970 Amendment
Section 301 of
Pub. L. 91–219provided that: “Title I of this Act [see Tables for classification] takes effect February 1, 1970.”
Effective Date of 1968 Amendment
Amendment by
Pub. L. 90–631effective first day of second calendar month which begins after Oct. 23, 1968, see section 6(a) of
Pub. L. 90–631, set out as an Effective Date note under section
3500 of this title.
Effective Date of 1967 Amendment
Amendment by
Pub. L. 90–77effective first day of first month which begins more than ten days after Aug. 31, 1967, see section 405 of
Pub. L. 90–77, set out as a note under section
101 of this title.
Applicability of Subsection (g)(1) to Apportionments Made Before October 17, 1980
Section 602(d) of
Pub. L. 96–466provided that: “The provisions of section
1682(g)(1) [now 3482(g)(1)] of title 38, United States Code, as added by subsection (a) shall not apply to an apportionment made under section
3107
(c) [now 5307(c)] of such title before the date of the enactment of this Act [Oct. 17, 1980].”
[Section 802(f) of
Pub. L. 96–466provided in part that, except as otherwise specifically provided, section
602(d) shall become effective Oct. 1, 1980.]
Overpayments to Veterans by Tangipahoa Parish School Board, Amite, Louisiana
Pub. L. 90–493, § 5,Aug. 19, 1968,
82 Stat. 809, provided that any veteran determined by the Administrator of Veterans’ Affairs to have received overpayments of educational benefits under former chapter
33 of title
38, United States Code in connection with the institutional on-farm training program conducted by the Tangipahoa Parish School Board, Amite, Louisiana, would be relieved of all liability to the United States for the amount of such overpayment, remaining due on Aug. 19, 1968, by making application for relief within two years following Aug. 19, 1968.