§ 3531. Educational assistance allowance

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 3531

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1197, § 1731

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1197, § 1731

2. 1966

   Veterans

   Pub. L. 89–358 § 4 · 80 Stat. 12

   1. Added · 38 U.S.C. § 3531(c)

      Pub. L. 89–358 added subsec. (c)

   2. Struck · 38 U.S.C. § 3531(c)

      Pub. L. 89–358 struck out former subsec. (c) which conditioned payment of allowance to eligible person taking college degree course on receipt from such person of certification of enrollment and pursuit of such course and from educational institution certification or indorsement on student’s certification of enrollment and pursuit of such course, prescribed such conditions for eligible person taking a course not leading to college degree as are now incorporated in subsec. (d) of this section, and required payments to be made within twenty days after receipt of requisite certifications, now incorporated in subsec. (e) of this section

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 89–358 added subsec. (c) and struck out former subsec. (c) which conditioned payment of allowance to eligible person taking college degree course on receipt from such person of certification of enrollment and pursuit of such course and from educational institution certification or indorsement on student’s certification of enrollment and pursuit of such course, prescribed such conditions for eligible person taking a course not leading to college degree as are now incorporated in subsec. (d) of this section, and required payments to be made within twenty days after receipt of requisite certifications, now incorporated in subsec. (e) of this section.

   Enacted provision · exact public law section
   Sec. 4. (a) Chapter 33 of title 38, United States Code, is hereby Korean conflict. Repeal of certain provisions. 38 USC 1601–1669. repealed. (b) Nothing in this Act or any amendment or repeal made by it, shall affect any right or liability (civil or criminal) which matured under chapter 33 of title 38 before the date of enactment of this Act; and all offenses committed, and all penalties and forfeitures incurred, under any provision of law amended or repealed by this Act, may be punished or recovered, as the case may be, in the same manner and with the same effect as if such amendments or repeals had not been made. (c) The analyses of title 38, United States Code, and of part III thereof, are both amended by (1) striking out “33. Education of Korean Conflict Veterans (2) inserting in lieu thereof, “34. Veterans’ Educational Assistance and (3) inserting immediately after “35. War Orphans’ Educational Assistance the following: “36. Administration of Educational Benefits (d) Section 101 of such title 38, United States Code, is amended by adding the following sentence to paragraph (20) thereof: “For the purpose of section 903 and chapters 34 and 35 of this title, such term also includes the Canal Zone.” (e) Section 102(a)(2) of such title 38 is amended by striking out “Except for the purposes of chapter 33 of this title, dependency” and inserting in lieu thereof “Dependency”. (f) Section 102(b) of such title 38 is amended by striking out “(except chapters 19 and 33)”, and inserting in lieu thereof, “(except chapter 19)”. (g) Section 111(a) of such title 38 is amended by striking out “33” and inserting in lieu thereof “34”. (h) Section 211(a) of such title 38 is amended by striking out “775, 784, 1661, 1761” and inserting in lieu thereof “775, 784”. (i) Section 903(b) of such title 38 is amended by deleting the last sentence thereof. (j) Section 1701 of such title 38 is amended (1) by striking out “1013(c)(1) of title 50” in subsection (a)(3)(C) and inserting in lieu thereof “511(d) of title 10” (2) by striking out paragraphs (8) and (9) in subsection (a) thereof and redesignating paragraph (10) of such subsection as paragraph (8) and (3) by striking out “and prior to the end of the induction period” in subsections (a)(1) and (d) thereof. (k) Section 1711(b) of such title 38 is amended by striking out “33” and inserting in lieu thereof “34”, and by inserting immediately before the period at the end thereof the following: “or under chapter 33 of this title as in effect before February 1, 1965”. (l) Section 1731 of title 38, United States Code, is amended by striking out subsection (c) thereof and inserting immediately after subsection (b) the following new subsections: “(c) The Administrator may, pursuant to such regulations as he may prescribe, determine enrollment in, pursuit of, and attendance at, any program of education or course by an eligible person for any period for which an educational assistance allowance is paid on behalf of such eligible person under this chapter for pursuing such program or course. “(d) No educational assistance allowance shall 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 period until the Administrator shall have received— “(1) from the eligible person a certification as to his actual attendance during such period; and “(2) from the educational institution, a certification, or an endorsement on the eligible person’s certificate, that he was enrolled in and pursuing a course of education during such period. “(e) Educational assistance allowances shall be paid as soon as practicable after the Administrator is assured of the eligible person’s enrollment in and pursuit of the program of education for the period for which such allowance is to be paid.” (m) Section 1734 of such title 38 is amended by (1) striking out 72 Stat. 1199. “33” in subsection (a) and inserting in lieu thereof “34”, and (2) striking out “1634” in subsection (b) and inserting in lieu thereof “1684”. (n) Section 1735 of such title 38 is amended to read as follows: “An eligible person shall receive the benefits of this chapter while enrolled in a course of education offered by an educational institution only if such course (1) is approved in accordance with the provisions of subchapter I of chapter 36 of this title, or (2) is approved for the enrollment Ante, p. 20 of the particular individual under the provisions of section 1737 of this title.” (o) Section 1736 of such title 38 is amended by (1) striking out “(a)”, (2) striking out all of subsection (b) thereof, and (3) inserting after the phrase “this chapter”, both times it appears, the following: “, or of chapter 36 of this title,”. (p) Section 3013 of this title 38 is amended by striking out “33” and inserting in lieu thereof “34”.

3. 1966

   Veterans

   Pub. L. 89–358 § 4 · 80 Stat. 12

   Redesignated · 38 U.S.C. § 3531(d)

   Pub. L. 89–358 redesignated provisions of former subsec. (c)(1)(B), (2) as subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 89–358 redesignated provisions of former subsec. (c)(1)(B), (2) as subsec. (d).

   Enacted provision · exact public law section
   Sec. 4. (a) Chapter 33 of title 38, United States Code, is hereby Korean conflict. Repeal of certain provisions. 38 USC 1601–1669. repealed. (b) Nothing in this Act or any amendment or repeal made by it, shall affect any right or liability (civil or criminal) which matured under chapter 33 of title 38 before the date of enactment of this Act; and all offenses committed, and all penalties and forfeitures incurred, under any provision of law amended or repealed by this Act, may be punished or recovered, as the case may be, in the same manner and with the same effect as if such amendments or repeals had not been made. (c) The analyses of title 38, United States Code, and of part III thereof, are both amended by (1) striking out “33. Education of Korean Conflict Veterans (2) inserting in lieu thereof, “34. Veterans’ Educational Assistance and (3) inserting immediately after “35. War Orphans’ Educational Assistance the following: “36. Administration of Educational Benefits (d) Section 101 of such title 38, United States Code, is amended by adding the following sentence to paragraph (20) thereof: “For the purpose of section 903 and chapters 34 and 35 of this title, such term also includes the Canal Zone.” (e) Section 102(a)(2) of such title 38 is amended by striking out “Except for the purposes of chapter 33 of this title, dependency” and inserting in lieu thereof “Dependency”. (f) Section 102(b) of such title 38 is amended by striking out “(except chapters 19 and 33)”, and inserting in lieu thereof, “(except chapter 19)”. (g) Section 111(a) of such title 38 is amended by striking out “33” and inserting in lieu thereof “34”. (h) Section 211(a) of such title 38 is amended by striking out “775, 784, 1661, 1761” and inserting in lieu thereof “775, 784”. (i) Section 903(b) of such title 38 is amended by deleting the last sentence thereof. (j) Section 1701 of such title 38 is amended (1) by striking out “1013(c)(1) of title 50” in subsection (a)(3)(C) and inserting in lieu thereof “511(d) of title 10” (2) by striking out paragraphs (8) and (9) in subsection (a) thereof and redesignating paragraph (10) of such subsection as paragraph (8) and (3) by striking out “and prior to the end of the induction period” in subsections (a)(1) and (d) thereof. (k) Section 1711(b) of such title 38 is amended by striking out “33” and inserting in lieu thereof “34”, and by inserting immediately before the period at the end thereof the following: “or under chapter 33 of this title as in effect before February 1, 1965”. (l) Section 1731 of title 38, United States Code, is amended by striking out subsection (c) thereof and inserting immediately after subsection (b) the following new subsections: “(c) The Administrator may, pursuant to such regulations as he may prescribe, determine enrollment in, pursuit of, and attendance at, any program of education or course by an eligible person for any period for which an educational assistance allowance is paid on behalf of such eligible person under this chapter for pursuing such program or course. “(d) No educational assistance allowance shall 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 period until the Administrator shall have received— “(1) from the eligible person a certification as to his actual attendance during such period; and “(2) from the educational institution, a certification, or an endorsement on the eligible person’s certificate, that he was enrolled in and pursuing a course of education during such period. “(e) Educational assistance allowances shall be paid as soon as practicable after the Administrator is assured of the eligible person’s enrollment in and pursuit of the program of education for the period for which such allowance is to be paid.” (m) Section 1734 of such title 38 is amended by (1) striking out 72 Stat. 1199. “33” in subsection (a) and inserting in lieu thereof “34”, and (2) striking out “1634” in subsection (b) and inserting in lieu thereof “1684”. (n) Section 1735 of such title 38 is amended to read as follows: “An eligible person shall receive the benefits of this chapter while enrolled in a course of education offered by an educational institution only if such course (1) is approved in accordance with the provisions of subchapter I of chapter 36 of this title, or (2) is approved for the enrollment Ante, p. 20 of the particular individual under the provisions of section 1737 of this title.” (o) Section 1736 of such title 38 is amended by (1) striking out “(a)”, (2) striking out all of subsection (b) thereof, and (3) inserting after the phrase “this chapter”, both times it appears, the following: “, or of chapter 36 of this title,”. (p) Section 3013 of this title 38 is amended by striking out “33” and inserting in lieu thereof “34”.

4. 1966

   Veterans

   Pub. L. 89–358 § 4 · 80 Stat. 12

   1. Added · 38 U.S.C. § 3531(e)

      Pub. L. 89–358 added subsec. (e). Concluding sentence of former subsec. (c)

   2. Struck · 38 U.S.C. § 3531(e)

      Pub. L. 89–358 struck out by Pub. L. 89–358, provided for payment of such allowances within twenty days after receipt by the Administrator of requisite certifications

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 89–358 added subsec. (e). Concluding 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.

   Enacted provision · exact public law section
   Sec. 4. (a) Chapter 33 of title 38, United States Code, is hereby Korean conflict. Repeal of certain provisions. 38 USC 1601–1669. repealed. (b) Nothing in this Act or any amendment or repeal made by it, shall affect any right or liability (civil or criminal) which matured under chapter 33 of title 38 before the date of enactment of this Act; and all offenses committed, and all penalties and forfeitures incurred, under any provision of law amended or repealed by this Act, may be punished or recovered, as the case may be, in the same manner and with the same effect as if such amendments or repeals had not been made. (c) The analyses of title 38, United States Code, and of part III thereof, are both amended by (1) striking out “33. Education of Korean Conflict Veterans (2) inserting in lieu thereof, “34. Veterans’ Educational Assistance and (3) inserting immediately after “35. War Orphans’ Educational Assistance the following: “36. Administration of Educational Benefits (d) Section 101 of such title 38, United States Code, is amended by adding the following sentence to paragraph (20) thereof: “For the purpose of section 903 and chapters 34 and 35 of this title, such term also includes the Canal Zone.” (e) Section 102(a)(2) of such title 38 is amended by striking out “Except for the purposes of chapter 33 of this title, dependency” and inserting in lieu thereof “Dependency”. (f) Section 102(b) of such title 38 is amended by striking out “(except chapters 19 and 33)”, and inserting in lieu thereof, “(except chapter 19)”. (g) Section 111(a) of such title 38 is amended by striking out “33” and inserting in lieu thereof “34”. (h) Section 211(a) of such title 38 is amended by striking out “775, 784, 1661, 1761” and inserting in lieu thereof “775, 784”. (i) Section 903(b) of such title 38 is amended by deleting the last sentence thereof. (j) Section 1701 of such title 38 is amended (1) by striking out “1013(c)(1) of title 50” in subsection (a)(3)(C) and inserting in lieu thereof “511(d) of title 10” (2) by striking out paragraphs (8) and (9) in subsection (a) thereof and redesignating paragraph (10) of such subsection as paragraph (8) and (3) by striking out “and prior to the end of the induction period” in subsections (a)(1) and (d) thereof. (k) Section 1711(b) of such title 38 is amended by striking out “33” and inserting in lieu thereof “34”, and by inserting immediately before the period at the end thereof the following: “or under chapter 33 of this title as in effect before February 1, 1965”. (l) Section 1731 of title 38, United States Code, is amended by striking out subsection (c) thereof and inserting immediately after subsection (b) the following new subsections: “(c) The Administrator may, pursuant to such regulations as he may prescribe, determine enrollment in, pursuit of, and attendance at, any program of education or course by an eligible person for any period for which an educational assistance allowance is paid on behalf of such eligible person under this chapter for pursuing such program or course. “(d) No educational assistance allowance shall 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 period until the Administrator shall have received— “(1) from the eligible person a certification as to his actual attendance during such period; and “(2) from the educational institution, a certification, or an endorsement on the eligible person’s certificate, that he was enrolled in and pursuing a course of education during such period. “(e) Educational assistance allowances shall be paid as soon as practicable after the Administrator is assured of the eligible person’s enrollment in and pursuit of the program of education for the period for which such allowance is to be paid.” (m) Section 1734 of such title 38 is amended by (1) striking out 72 Stat. 1199. “33” in subsection (a) and inserting in lieu thereof “34”, and (2) striking out “1634” in subsection (b) and inserting in lieu thereof “1684”. (n) Section 1735 of such title 38 is amended to read as follows: “An eligible person shall receive the benefits of this chapter while enrolled in a course of education offered by an educational institution only if such course (1) is approved in accordance with the provisions of subchapter I of chapter 36 of this title, or (2) is approved for the enrollment Ante, p. 20 of the particular individual under the provisions of section 1737 of this title.” (o) Section 1736 of such title 38 is amended by (1) striking out “(a)”, (2) striking out all of subsection (b) thereof, and (3) inserting after the phrase “this chapter”, both times it appears, the following: “, or of chapter 36 of this title,”. (p) Section 3013 of this title 38 is amended by striking out “33” and inserting in lieu thereof “34”.

5. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 § 312(1) · 86 Stat. 1074

   Inserted · 38 U.S.C. § 3531(a)

   Pub. L. 92–540, § 312(1), inserted provision requiring the Administrator to pay in accordance with the provisions of section 1780 of this title

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 92–540, § 312(1), inserted provision requiring the Administrator to pay in accordance with the provisions of section 1780 of this title.

   Enacted provision · exact public law section
   (1) inserting in subsection (a) immediately after the word 72 Stat. 1197. “shall” a comma and the following: “in accordance with the provisions of section 1780 of this title,”; Ante, p. 1076.

6. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 § 312(2) · 86 Stat. 1074

   Redesignated · 38 U.S.C. § 3531(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 person only for a period of his enrollment as approved by the Administrator subject to certain limitations, was struck out

   Source evidence

   Code amendment note
   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 person only for a period of his enrollment as approved by the Administrator subject to certain limitations, was struck out.

   Enacted provision · exact public law section
   (2) striking out subsections (b), (c), and (e) in their entirety; and

7. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 § 312(2) · 86 Stat. 1074

   Struck · 38 U.S.C. § 3531(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) striking out subsections (b), (c), and (e) in their entirety; and

8. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 § 312(3) · 86 Stat. 1074

   Redesignated · 38 U.S.C. § 3531(d)

   Pub. L. 92–540, § 312(3), redesignated subsec. (d) as (b)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 92–540, § 312(3), redesignated subsec. (d) as (b).

   Enacted provision · exact public law section
   (3) redesignating subsection (d) as subsection (b).

9. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 § 312(2) · 86 Stat. 1074

   Struck · 38 U.S.C. § 3531(e)

   Pub. L. 92–540, § 312(2), struck out subsec. (e) which related to the prompt payment by the Administrator of the allowance to the eligible person

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 92–540, § 312(2), struck out subsec. (e) which related to the prompt payment by the Administrator of the allowance to the eligible person.

   Enacted provision · exact public law section
   (2) striking out subsections (b), (c), and (e) in their entirety; and

10. 1976

    Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 § 309(c) · 90 Stat. 2383

    Substituted · 38 U.S.C. § 3531(a)

    Pub. L. 94–502, § 309(c), substituted “chapter 36” for “section 1780”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–502, § 309(c), substituted “chapter 36” for “section 1780”.

    Enacted provision · exact public law section
    (c) Section 1731(a) is amended by striking out “section 1780” and 38 USC 1731. inserting in lien thereof “chapter 36”.

11. 1976

    Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 § 310(16) · 90 Stat. 2383

    1. Substituted · 38 U.S.C. § 3531(b)

       Pub. L. 94–502, § 310(16), substituted “the person’s” for “his”

    2. Substituted · 38 U.S.C. § 3531(b)

       Pub. L. 94–502, § 310(16), substituted “the person” for “he”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–502, § 310(16), substituted “the person’s” for “his” and “the person” for “he”.

    Enacted provision · exact public law section
    (16) by striking out in section 1731(b) “his” and “he” and inserting in lieu thereof “the person’s” and “the person”, respectively;

12. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 title III § 329 · 94 Stat. 2171

    Substituted · 38 U.S.C. § 3531(b)

    Pub. L. 96–466 substituted provisions 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 assistance 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 period until the Administrator received from the eligible person a certification as to the person’s actual attendance during such period and from the educational institution a certification, or an endorsement on the eligible person’s certificate, that the person was enrolled in and pursuing a course of education during such period

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–466 substituted provisions 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 assistance 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 period until the Administrator received from the eligible person a certification as to the person’s actual attendance during such period and from the educational institution a certification, or an endorsement on the eligible person’s certificate, that the person was enrolled in and pursuing a course of education during such period.

    Enacted provision · exact public law section
    Sec. 329. payment of educational assistance allowance on behalf of eligible persons Subsection (b) of section 1731 is amended to read as 38 USC 1731. follows: “(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.”. 38 USC 1770 et seq.

    Effective date note
    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.

13. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 title IV § 423(b)(1)(A) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3531(a)

    Pub. L. 101–237 substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–237 substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and

14. 1991

    Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 3531

    Pub. L. 102–83 renumbered section 1731 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83 renumbered section 1731 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

16 of 17 references resolved to an enrolled provision · 1 partial