38 U.S.C. § 3531 — Educational assistance allowance

Page 792 TITLE 38—VETERANS’ BENEFITS § 3531 Section 1726, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1197, which provided for control by agencies of United States, was repealed by Pub. L. 89–358, § 3(a)(3), Mar. 3, 1966, 80 Stat. 20. SUBCHAPTER IV—PAYMENTS TO ELIGIBLE PERSONS § 3531. Educational assistance allowance (a) The Secretary shall, in accordance with the provisions of chapter 36 of this title, pay to the parent or guardian of each eligible person who is pursuing a program of education under this chapter, and who applies therefor on behalf of such eligible person, an educational assist- ance allowance to meet, in part, the expenses of the eligible person’s subsistence, tuition, fees, supplies, books, equipment, and other edu- cational costs. (b) The educational assistance allowance of an eligible person pursuing a program of education at an educational institution shall be paid as provided in chapter 36 of this title. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1197, § 1731; Pub. L. 89–358, § 4(l), Mar. 3, 1966, 80 Stat. 24; Pub. L. 92–540, title III, § 312, Oct. 24, 1972, 86 Stat. 1083; Pub. L. 94–502, title III, §§ 309(c), 310(16), Oct. 15, 1976, 90 Stat. 2391, 2392; Pub. L. 96–466, title III, § 329, Oct. 17, 1980, 94 Stat. 2197; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3531, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1731 of this title as this section. 1989—Subsec. (a). Pub. L. 101–237 substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. 1980—Subsec. (b). Pub. L. 96–466 substituted provi- sions that the educational assistance allowance of an eligible person pursuing a program of education at an educational institution be paid as provided in chapter 36 of this title for provisions that no educational assist- ance allowance be paid on behalf of an eligible person enrolled in a course in an educational institution which does not lead to a standard college degree for any pe- riod until the Administrator received from the eligible person a certification as to the person’s actual attend- ance during such period and from the educational insti- tution a certification, or an endorsement on the eligi- ble person’s certificate, that the person was enrolled in and pursuing a course of education during such period. 1976—Subsec. (a). Pub. L. 94–502, § 309(c), substituted ‘‘chapter 36’’ for ‘‘section 1780’’. Subsec. (b). Pub. L. 94–502, § 310(16), substituted ‘‘the person’s’’ for ‘‘his’’ and ‘‘the person’’ for ‘‘he’’. 1972—Subsec. (a). Pub. L. 92–540, § 312(1), inserted pro- vision requiring the Administrator to pay in accord- ance with the provisions of section 1780 of this title. Subsec. (b). Pub. L. 92–540, § 312(2), (3), redesignated subsec. (d) as (b). Former subsec. (b), which provided for the payment of the educational assistance allowance, pursuant to section 1732 of this title, to the eligible per- son only for a period of his enrollment as approved by the Administrator subject to certain limitations, was struck out. Subsec. (c). Pub. L. 92–540, § 312(2), struck out subsec. (c) which authorized the Administrator, pursuant to regulations, to determine enrollment in, pursuit of, and attendance at, any program of education or course by an eligible person. Subsec. (d). Pub. L. 92–540, § 312(3), redesignated sub- sec. (d) as (b). Subsec. (e). Pub. L. 92–540, § 312(2), struck out subsec. (e) which related to the prompt payment by the Admin- istrator of the allowance to the eligible person. 1966—Subsec. (c). Pub. L. 89–358 added subsec. (c) and struck out former subsec. (c) which conditioned pay- ment of allowance to eligible person taking college de- gree course on receipt from such person of certification of enrollment and pursuit of such course and from edu- cational institution certification or indorsement on student’s certification of enrollment and pursuit of such course, prescribed such conditions for eligible per- son taking a course not leading to college degree as are now incorporated in subsec. (d) of this section, and re- quired payments to be made within twenty days after receipt of requisite certifications, now incorporated in subsec. (e) of this section. Subsec. (d). Pub. L. 89–358 redesignated provisions of former subsec. (c)(1)(B), (2) as subsec. (d). Subsec. (e). Pub. L. 89–358 added subsec. (e). Con- cluding sentence of former subsec. (c), struck out by Pub. L. 89–358, provided for payment of such allowances within twenty days after receipt by the Administrator of requisite certifications. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–466 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. 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. § 3532. Computation of educational assistance al- lowance (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 $1,224 for full-time, $967 for three-quarter-time, or $710 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) $1,224 per month for a full-time course. (b) The educational assistance allowance to be paid on behalf of an eligible person who is pur- suing a full-time program of education which consists of institutional courses and alternate phases of training in a business or industrial es- tablishment with the training in the business or industrial establishment being strictly supple- mental to the institutional portion, shall be computed at the rate of $1,224 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),