§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 , §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 .)

Amendments

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. 104–275 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, §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. 102–16 substituted "Secretary" for "Secretary of Veterans Affairs".

Subsec. (e). Pub. L. 102–83, §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, §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. 98–304 substituted "$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. 95–202 substituted "$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. 93–602 substituted "$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 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, §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. 103–446 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.