
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 111(a)]
[Document affected by Public Law 106-419 Section 122(b)(4)]
[Document affected by Public Law 107-103 Section 102(a)]
[Document affected by Public Law 106-419 Section 111(e)]
[Document affected by Public Law 107-103 Section 102(e)]
[CITE: 38USC3532]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
      CHAPTER 35--SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE
 
               SUBCHAPTER IV--PAYMENTS TO ELIGIBLE PERSONS
 
Sec. 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 $485 for 
full-time, $365 for three-quarter-time, or $242 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 (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) 
$485 per month for a full-time course, whichever is the lesser.
    (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 $485 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 $392 for full-time, $294 for three-quarter-time, 
and $196 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, or 
local penal institution 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.

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


                               Amendments

    1998--Subsec. (a)(1). Pub. L. 105-178, Sec. 8210(a)(1), as added by 
Pub. L. 105-206, Sec. 9014(b), substituted ``$485'' for ``$404'', 
``$365'' for ``$304'', and ``$242'' for ``$202''.
    Subsecs. (a)(2), (b). Pub. L. 105-178, Sec. 8210(a)(2), (3), as 
added by Pub. L. 105-206, Sec. 9014(b), substituted ``$485'' for 
``$404''.
    Subsec. (c)(2). Pub. L. 105-178, Sec. 8210(a)(4), as added by Pub. 
L. 105-206, Sec. 9014(b), substituted ``$392'' for ``$327'', ``$294'' 
for ``$245'', and ``$196'' for ``$163''.
    1996--Subsec. (b). Pub. L. 104-275 substituted ``$404'' for 
``$327''.
    1994--Subsec. (d). Pub. L. 103-446 substituted ``the rate of'' for 
``a rate in Philippine pesos equivalent to''.
    1992--Subsec. (c)(3), (4). Pub. L. 102-568 struck 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, Sec. 5(a), renumbered section 1732 of this 
title as this section.
    Subsec. (c)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3688'' 
for ``1788''.
    Pub. L. 102-16 substituted ``Secretary'' for ``Secretary of Veterans 
Affairs''.
    Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3482(g)'' 
for ``1682(g)''.
    Pub. L. 102-16 substituted ``Secretary'' for ``Secretary of Veterans 
Affairs''.
    1989--Subsec. (a)(1). Pub. L. 101-237, Sec. 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, Sec. 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, Sec. 403(a)(3), substituted ``$327'' 
for ``$304''.
    Subsec. (c)(1). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted 
``Secretary'' for ``Administrator''.
    Subsec. (c)(2). Pub. L. 101-237, Sec. 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, Sec. 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, Sec. 403(a)(6), substituted 
``paragraph (3) of this subsection'' for ``section 1682(e) of this 
title''.
    Subsec. (e). Pub. L. 101-237, Sec. 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. 98-304 substituted ``$304'' for ``$276''.
    1980--Subsec. (b). Pub. L. 96-466, Sec. 212(1), substituted ``$276'' 
for ``$264''.
    Pub. L. 96-466, Sec. 202(1), substituted ``$264'' for ``$251''.
    Subsec. (c)(4). Pub. L. 96-466, Sec. 330, added par. (4).
    Subsec. (e). Pub. L. 96-466, Sec. 602(b), added subsec. (e).
    1977--Subsec. (b). Pub. L. 95-202 substituted ``$251'' for ``$235''.
    1976--Subsec. (b). Pub. L. 94-502, Sec. 301(1), substituted ``$235'' 
for ``$217''.
    Subsec. (c)(3). Pub. L. 94-502, Sec. 308, added par. (3).
    1975--Subsec. (b). Pub. L. 93-602 substituted ``$217'' for ``$209''.
    1974--Subsec. (a)(1). Pub. L. 93-508, Sec. 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, Sec. 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, Sec. 103(3), substituted ``$209'' for 
``$177''.
    Subsecs. (c), (d). Pub. L. 93-508, Sec. 208, added subsec. (c) and 
redesignated former subsec. (c) as (d).
    1972--Subsec. (a)(1). Pub. L. 92-540 Sec. 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, Sec. 103(2), substituted ``$220'' 
for ``$175''.
    Subsec. (b). Pub. L. 92-540, Sec. 103(3), substituted ``$177'' for 
``$141''.
    1970--Subsec. (a). Pub. L. 91-219, Sec. 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, Sec. 104(b), substituted ``$141'' for 
``$105''.
    Subsec. (c). Pub. L. 91-219, Sec. 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, Sec. 1(a), substituted ``$130'', 
``$95'', and ``$60'' for ``$110'', ``$80'', and ``$50'', respectively.
    Subsec. (b). Pub. L. 89-222, Sec. 1(b), substituted ``$105'' for 
``$90''.


                    Effective Date of 1998 Amendments

    Title IX of Pub. L. 105-206 effective simultaneously with enactment 
of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at 
time of enactment, see section 9016 of Pub. L. 105-206, set out as a 
note under section 101 of Title 23, Highways.
    Pub. L. 105-178, title VIII, Sec. 8210(e), as added by Pub. L. 105-
206, title IX, Sec. 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. 103-446 applicable with respect to payments 
made after Dec. 31, 1994, see section 507(c) of Pub. L. 103-446, set out 
as a note under section 107 of this title.


                    Effective Date of 1992 Amendment

    Section 316(c) of Pub. L. 102-568 provided 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) of Pub. L. 101-237 provided 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. 98-543 effective 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 1980 Amendment

    Amendment by sections 202(1) and 212(1) of Pub. L. 96-466 effective 
Oct. 1, 1980, and Jan. 1, 1981, respectively, see section 802(b) of Pub. 
L. 96-466, set out as a note under section 3482 of this title.
    Amendment by section 330 of 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.
    Amendment by section 602(b) of Pub. L. 96-466 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. 95-202 effective 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. 94-502 effective 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

    Amendment by Pub. L. 93-602 effective Jan. 1, 1975, see section 206 
of Pub. 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. 93-508 effective Sept. 1, 
1974, see section 501 of Pub. L. 93-508, set out as a note under section 
3482 of this title.
    Amendment by section 208 of Pub. L. 93-508 effective 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

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


                    Effective Date of 1965 Amendment

    Section 4 of Pub. L. 89-222 provided 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].''

                  Section Referred to in Other Sections

    This section is referred to in sections 3565, 3680 of this title; 
title 42 section 3796d-1.
