38 U.S. Code § 7631 - Periodic adjustments in amount of assistance

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(a)
(1) Whenever there is a general Federal pay increase, the Secretary shall increase the maximum monthly stipend amount, the maximum tuition reimbursement amount, the maximum Selected Reserve member stipend amount, the maximum employee incentive scholarship amount, and the maximum education debt reduction payments amount. Any such increase shall take effect with respect to any school year that ends in the fiscal year in which the pay increase takes effect.
(2) The amount of any increase under paragraph (1) of this subsection is the previous maximum amount under that paragraph multiplied by the overall percentage of the adjustment in the rates of pay under the General Schedule made under the general Federal pay increase. Such amount shall be rounded to the next lower multiple of $1.
(b) For purposes of this section:
(1) The term “maximum monthly stipend amount” means the maximum monthly stipend that may be paid to a participant in the Scholarship Program specified in section 7613 (b) of this title and as previously adjusted (if at all) in accordance with this section.
(2) The term “maximum tuition reimbursement amount” means the maximum amount of tuition reimbursement provided to a participant in the Tuition Reimbursement Program specified in section 7622 (e) of this title and as previously adjusted (if at all) in accordance with this section.
(3) The term “maximum Selected Reserve member stipend amount” means the maximum amount of assistance provided to a person receiving assistance under subchapter V of this chapter, as specified in section 7653 of this title and as previously adjusted (if at all) in accordance with this section.
(4) The term “maximum employee incentive scholarship amount” means the maximum amount of the scholarship payable to a participant in the Department of Veterans Affairs Employee Incentive Scholarship Program under subchapter VI of this chapter, as specified in section 7673 (b)(1) of this title and as previously adjusted (if at all) in accordance with this section.
(5) The term “maximum education debt reduction payments amount” means the maximum amount of education debt reduction payments payable to a participant in the Department of Veterans Affairs Education Debt Reduction Program under subchapter VII of this chapter, as specified in section 7683 (d)(1) of this title and as previously adjusted (if at all) in accordance with this section.
(6) The term “general Federal pay increase” means an adjustment (if an increase) in the rates of pay under the General Schedule under subchapter III of chapter 53 of title 5.

Source

(Added Pub. L. 100–322, title II, § 216(b),May 20, 1988, 102 Stat. 528, § 4331; amended Pub. L. 101–366, title II, § 205(b),Aug. 15, 1990, 104 Stat. 441; renumbered § 7631 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1),May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, § 14(e)(10),June 13, 1991, 105 Stat. 287; Pub. L. 102–83, § 4(b)(1), (2)(E),Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 107–135, title I, §§ 101(f), (g), 102 (d)(1),Jan. 23, 2002, 115 Stat. 2448, 2449.)
Amendments

2002—Subsec. (a)(1). Pub. L. 107–135, §§ 101(f)(1), 102 (d)(1)(A), substituted “the maximum Selected Reserve member stipend amount, the maximum employee incentive scholarship amount, and the maximum education debt reduction payments amount” for “and the maximum Selected Reserve member stipend amount”.
Subsec. (b)(1) to (3). Pub. L. 107–135, § 101(g), substituted “this section” for “this subsection” in pars. (1) to (3).
Subsec. (b)(4). Pub. L. 107–135, § 101(f)(2)(B), added par. (4). Former par. (4) redesignated (6).
Subsec. (b)(5). Pub. L. 107–135, § 102(d)(1)(B), added par. (5).
Subsec. (b)(6). Pub. L. 107–135, § 101(f)(2)(A), redesignated par. (4) as (6).
1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4331 of this title as this section.
Subsec. (a)(1). Pub. L. 102–83substituted “Secretary” for “Administrator”.
Subsec. (b)(1). Pub. L. 102–40, § 402(d)(1), substituted “7613(b)” for “4313(b)”.
Subsec. (b)(2). Pub. L. 102–40, § 402(d)(1), substituted “7622(e)” for “4322(e)”.
Subsec. (b)(3). Pub. L. 102–40, § 402(d)(1), substituted “7653” for “4353”.
Subsec. (b)(4). Pub. L. 102–54amended subsec. (b)(4) as in effect immediately before the enactment of Pub. L. 102–40by substituting “chapter 53” for “chapter 51”.
1990—Subsec. (a)(1). Pub. L. 101–366, § 205(b)(1), substituted “stipend amount,” for “stipend amount and” and “reimbursement amount, and the maximum Selected Reserve member stipend amount” for “reimbursement amount”.
Subsec. (b)(3), (4). Pub. L. 101–366, § 205(b)(2), added par. (3) and redesignated former par. (3) as (4).
Adjustment of Maximum Education Debt Reduction Payments Amount

Pub. L. 107–135, title I, § 102(d)(2),Jan. 23, 2002, 115 Stat. 2449, prohibited an increase of the maximum education debt reduction payments amount in calendar year 2002.
Transition

Pub. L. 100–322, title II, § 216(d),May 20, 1988, 102 Stat. 530, provided that: “Section 4331 [now 7631] of title 38, United States Code, as added by subsection (b), shall not apply with respect to a school year ending during fiscal year 1988.”

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38 USCDescription of ChangeSession YearPublic LawStatutes at Large

 

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