38 U.S.C. § 3481 — Educational assistance allowance

Page 761 TITLE 38—VETERANS’ BENEFITS § 3482 Pub. L. 96–466, title II, §§ 201(1), 211(1), title VI, § 603(a), Oct. 17, 1980, 94 Stat. 2187, 2189, 2209, which set forth provisions respecting eligibility, approval, etc., for flight training, was repealed by Pub. L. 97–35, title XX, §§ 2003(b)(3)(A), 2006, Aug. 13, 1981, 95 Stat. 782, 783, effec- tive Oct. 1, 1981, except as otherwise provided for per- sons receiving educational assistance. Section 1678, added Pub. L. 90–77, title III, § 306(a), Aug. 31, 1967, 81 Stat. 188, which related to special training for educationally disadvantaged, was repealed by Pub. L. 91–219, title II, § 204(a)(2), Mar. 26, 1970, 84 Stat. 79. SUBCHAPTER IV—PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT SERVICES Editorial Notes AMENDMENTS 1972—Pub. L. 92–540, title IV, § 404(b), Oct. 24, 1972, 86 Stat. 1091, inserted ‘‘; VETERAN-STUDENT SERV- ICES’’. § 3481. Educational assistance allowance (a) GENERAL.—The Secretary shall, in accord- ance with the applicable provisions of this sec- tion and chapter 36 of this title, pay to each eli- gible veteran who is pursuing a program of edu- cation under this chapter an educational assist- ance allowance to meet, in part, the expenses of the veteran’s subsistence, tuition, fees, supplies, books, equipment, and other educational costs. (b) INSTITUTIONAL TRAINING.—The educational assistance allowance of an eligible veteran pur- suing a program of education, other than a pro- gram exclusively by correspondence, at an edu- cational institution shall be paid as provided in chapter 36 of this title. (Added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 17, § 1681; amended Pub. L. 91–219, title II, § 205, Mar. 26, 1970, 84 Stat. 81; Pub. L. 91–584, § 6, Dec. 24, 1970, 84 Stat. 1576; Pub. L. 92–540, title II, § 202, Oct. 24, 1972, 86 Stat. 1079; Pub. L. 94–502, title II, §§ 210(2), 211(10), Oct. 15, 1976, 90 Stat. 2388, 2389; Pub. L. 97–35, title XX, § 2003(b)(4), Aug. 13, 1981, 95 Stat. 782; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renum- bered § 3481, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 109–233, title V, § 503(8)(A), June 15, 2006, 120 Stat. 416.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising subsecs. (a), (b), (d), and (e) of this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1179, which was classi- fied to former section 1631 of this title, prior to repeal by section 4(a) of Pub. L. 89–358. AMENDMENTS 2006—Pub. L. 109–233 revised style of subsec. headings. 1991—Pub. L. 102–83 renumbered section 1681 of this title as this section. 1989—Subsec. (a). Pub. L. 101–237 substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. 1981—Subsec. (b). Pub. L. 97–35, § 2003(b)(4)(A), struck out applicability to flight training program. Subsec. (c). Pub. L. 97–35, § 2003(b)(4)(B), struck out subsec. (c) which related to flight training. 1976—Subsec. (a). Pub. L. 94–502, §§ 210(2), 211(10), sub- stituted ‘‘chapter 36’’ for ‘‘section 1780’’ and ‘‘the vet- eran’s’’ for ‘‘his’’. Subsec. (b). Pub. L. 94–502, § 210(2), substituted ‘‘chap- ter 36’’ for ‘‘section 1780’’. 1972—Subsec. (a). Pub. L. 92–540 inserted heading and provisions requiring allowances to be paid in accord- ance with the applicable provisions of this section and section 1780 of this title. Subsec. (b). Pub. L. 92–540 inserted heading and sub- stituted provisions requiring allowances of an eligible veteran pursuing a program of education, other than a program exclusively by correspondence or a program of flight training, at an educational institution to be paid as provided in section 1780 of this title, for provisions requiring allowances of an eligible veteran to be paid, as provided in section 1682 of this title, only for the pe- riod of his enrollment as approved by the Adminis- trator, but limiting such payments to veterans meeting certain specified requirements while pursuing standard college degrees. Subsec. (c). Pub. L. 92–540 inserted heading and sub- stituted provisions relating to the payment of allow- ances to eligible veterans pursuing a program of edu- cation consisting exclusively of flight training, for pro- visions authorizing the Administrator to prescribe reg- ulations to determine enrollment in, pursuit of, and at- tendance at, any program of education or course by an eligible veteran. Subsec. (d). Pub. L. 92–540 struck out subsec. (d) which related to certification to the Administrator from the eligible veteran as to his actual attendance or completion of lessons by correspondence, and from the educational institution that such veteran was enrolled in and pursuing a course of education during such pe- riod or completion of lessons by correspondence by the veteran and serviced by the institution. Subsec. (e). Pub. L. 92–540 struck out subsec. (e) which related to the prompt payment of the edu- cational assistance allowance to the veteran. 1970—Subsec. (b)(2). Pub. L. 91–584 excluded programs of apprenticeship and programs of other on-job training authorized by section 1683 of this title for educational assistance to veterans. Subsec. (d). Pub. L. 91–219 inserted provision that the Administrator may pay an educational assistance al- lowance representing the initial payment of an enroll- ment period, not exceeding one full month, upon re- ceipt of a certificate of enrollment. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, ex- cept 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 1976 AMENDMENT Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effec- tive Date note under section 3693 of this title. § 3482. Computation of educational assistance al- lowances (a)(1) Except as provided in subsection (b), (c), or (g) of this section, or section 3687 of this title, while pursuing a program of education under this chapter of half-time or more, each eligible veteran shall be paid the monthly educational assistance allowance set forth in column II, III, IV, or V (whichever is applicable as determined by the veteran’s dependency status) opposite the applicable type of program as shown in column I: