38 USC § 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 $788 for full-time, $592 for three-quarter-time, or $394 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) $788 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 $788 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 allowance at the appropriate rate provided in paragraph (2) of this subsection, if such eligible person is concurrently engaged in agricultural employment which is relevant to such institutional agricultural courses as determined under standards prescribed by the Secretary. In computing the foregoing clock hour requirements there shall be included the time involved in field trips and individual and group instruction sponsored and conducted by the educational institution through a duly authorized instructor of such institution in which the person is enrolled.

(2) The monthly educational assistance allowance to be paid on behalf of an eligible person pursuing a farm cooperative program under this chapter shall be $636 for full-time, $477 for three-quarter-time, or $319 for half-time pursuit.

(d) 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 under this section shall be paid at the rate of $0.50 for each dollar.

(e) In the case of an eligible person who is pursuing a program of education under this chapter while incarcerated in a Federal, State, local, or other penal institution or correctional facility for conviction of a felony, the educational assistance allowance shall be paid in the same manner prescribed in section 3482 (g) of this title for incarcerated veterans, 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.

(f)

(1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a licensing or certification test described in section 3501 (a)(5) of this title is the lesser of $2,000 or the fee charged for the test.

(2) The number of months of entitlement charged in the case of any individual for such licensing or certification test is equal to the number (including any fraction) determined by dividing the total amount paid to such individual for such test by the full-time monthly institutional rate of the educational assistance allowance which, except for paragraph (1), such individual would otherwise be paid under this chapter.

(3) In no event shall payment of educational assistance under this subsection for such a test exceed the amount of the individual’s available entitlement under this chapter.

(g)

(1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3501 (a)(5) of this title is the amount of the fee charged for the test.

(2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under this chapter.

(3) In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual’s available entitlement under this chapter.

Source

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1198, § 1732; Pub. L. 89–222, § 1,Sept. 30, 1965, 79 Stat. 896; Pub. L. 91–219, title I, § 104(a), (b), title II, § 210,Mar. 25, 1970, 84 Stat. 77, 78, 83; Pub. L. 92–540, title I, § 103(1)–(3), Oct. 24, 1972, 86 Stat. 1075, 1076; Pub. L. 93–508, title I, § 103(1)–(3), title II, § 208,Dec. 3, 1974, 88 Stat. 1580, 1584; Pub. L. 93–602, title II, § 204(a),Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94–502, title III, §§ 301(1), 308,Oct. 15, 1976, 90 Stat. 2389, 2390; Pub. L. 95–202, title I, § 103(1),Nov. 23, 1977, 91 Stat. 1434; Pub. L. 96–466, title II, §§ 202(1), 212(1), title III, § 330, title VI, § 602(b),Oct. 17, 1980, 94 Stat. 2188, 2190, 2198, 2209; Pub. L. 98–543, title II, § 203(1),Oct. 24, 1984, 98 Stat. 2742; Pub. L. 101–237, title IV, §§ 403(a)(1)–(7), 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2078, 2079, 2092; Pub. L. 102–16, § 10(a)(6),Mar. 22, 1991, 105 Stat. 56; renumbered § 3532 and amended Pub. L. 102–83, § 5(a), (c)(1),Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title III, § 316(b),Oct. 29, 1992, 106 Stat. 4334; Pub. L. 103–446, title V, § 507(b),Nov. 2, 1994, 108 Stat. 4664; Pub. L. 104–275, title I, § 105(c),Oct. 9, 1996, 110 Stat. 3327; Pub. L. 105–178, title VIII, § 8210(a), as added Pub. L. 105–206, title IX, § 9014(b),July 22, 1998, 112 Stat. 866; Pub. L. 106–419, title I, §§ 111(a), 122(b)(4),Nov. 1, 2000, 114 Stat. 1830, 1834; Pub. L. 107–103, title I, § 102(a),Dec. 27, 2001, 115 Stat. 978; Pub. L. 108–183, title III, § 302(a),Dec. 16, 2003, 117 Stat. 2658; Pub. L. 108–454, title I, § 106(b)(3),Dec. 10, 2004, 118 Stat. 3603; Pub. L. 109–461, title X, § 1002(e),Dec. 22, 2006, 120 Stat. 3465.)

Amendments

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

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

2003—Subsec. (a)(1). Pub. 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). Pub. 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. (b). Pub. L. 108–183, § 302(a)(2), substituted “$788” for “$670”.

Subsec. (c)(2). Pub. 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). Pub. L. 107–103, § 102(a)(1), substituted “$670” for “$588”, “$503” for “$441”, and “$335” for “$294”.

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

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

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

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

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

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

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

Subsec. (f). Pub. L. 106–419, § 122(b)(4), added subsec. (f).

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

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

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

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

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

1992—Subsec. (c)(3), (4). Pub. L. 102–568struck 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—Pub. L. 102–83, § 5(a), renumbered section 1732 of this title as this section.

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

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

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

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

1989—Subsec. (a)(1). Pub. 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). Pub. 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(b)(2) of this title for less-than-half-time pursuit of an institutional program by an eligible veteran.”

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

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

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

Subsec. (e). Pub. 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. (b). Pub. L. 98–304substituted “$304” for “$276”.

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

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

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

Subsec. (e). Pub. L. 96–466, § 602(b), added subsec. (e).

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

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

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

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

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

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

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

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

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

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

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

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 assistance allowances payable under chapter 35 and section 3687 (b)(2) of title 38, United States Code, for months beginning 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 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 (b)(2) of title 38, United States Code, for months beginning 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 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(b)(4) ofPub. 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) ofPub. L. 106–419, set out as a note under section 3032 of this title.

Effective Date of 1998 Amendments

Title IX of Pub. L. 105–206effective simultaneously with enactment of Pub. L. 105–178and to be treated as included in Pub. L. 105–178at time of enactment, see section 9016 ofPub. 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 allowances paid for months after September 1998.”

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–446applicable with respect to payments made after Dec. 31, 1994, see section 507(c) ofPub. L. 103–446, set out as a note under section 107 of this title.

Effective Date of 1992 Amendment

Section 316(c) ofPub. L. 102–568provided 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

Section 403(c) ofPub. L. 101–237provided 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. 98–543effective Oct. 1, 1984, see section 205 ofPub. 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) ofPub. L. 96–466effective Oct. 1, 1980, and Jan. 1, 1981, respectively, see section 802(b) ofPub. L. 96–466, set out as a note under section 3482 of this title.

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

Amendment by section 602(b) ofPub. L. 96–466effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(f) ofPub. 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 ofPub. 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) ofPub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Effective Date of 1975 Amendment

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

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

Effective Date of 1972 Amendment

Amendment by Pub. L. 92–540effective Oct. 1, 1972, except for those veterans and eligible persons in training on Oct. 24, 1972, see section 601(a) ofPub. 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) ofPub. L. 91–219effective Feb. 1, 1970, see section 301 ofPub. L. 91–219, set out as a note under section 3482 of this title.

Effective Date of 1965 Amendment

Section 4 ofPub. L. 89–222provided 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].”