"1944. Use of Office of Education and other Federal agencies. "1945. Reimbursement of expenses. "SUBCHAPTER VI-APPROVAL OF COURSES OF EDUCATION AND TRAINING "1951. Apprentice or other training on the job. "1952. Institutional on-farm training. "1953. Approval of accredited courses. "1954. Approval of nonaccredited courses. "1955. Notice of approval of courses. "1956. Disapproval of courses and discontinuance of allowances. "SUBCHAPTER VII-MISCELLANEOUS PROVISIONS "1961. Authority and duties of Administrator. "1962. Educational and vocational counseling. "1965. Reports by institutions. "1966. Overpayments to veterans. "1967. Examination of records. "1968. False or misleading statements. "1969. Information furnished by Federal Trade Commission. "1970. Effective date of chapter. "SUBCHAPTER I-DEFINITIONS "§ 1908. Definitions "(a) For the purpose of this chapter "(1) The term 'eligible veteran' means any veteran who is not on active du y and who- "(A) served on active duty at any time between January 31, 1955, ad July 1, 1963; "(B) was discharged or released therefrom under conditions other than dishonorable; and "(C) served on active duty for ninety days or more (exclusive of any period he was assigned by the Armed Forces to a civilian institution for a course of education or training which was substantially the same as established courses offered to civilians, or as cadet or midshipman at one of the service academies), or was discharged or released from a period of active duty, any part of which occurred between Januay 31, 1955, and July 1, 1963, for an actual service-connected disability. "(2) The term 'program of education or training' means any single unit course or subject, any curriculum, or any combination of unit courses or subjects, which is generally accepted as necessary to fulfill requirements for the attainment of a predetermined and identified educataional, professional, or vocational objective. "(3) The term 'course' means an organized unit of subject matter in which instruction is offered within a given period of time or which covers a specific amount of related subject matter for which credit toward graduation or certification is usually given. "(4) The term 'dependent' means— "(A) a child of an eligible veteran; "(B) a parent of an eligible veteran, if the parent is in fact dependent upon the veteran; and "(C) the wife of an eligible veteran, or, in the case of an eligible veteran who is a woman, her husband if he is in fact dependent upon her. "(5) The term 'educational institution' means any public or private elementary school, secondary school, vocational school, correspondence school, business school, junior college, teachers college, college, normal school, professional school, university, scientific or technical institution, or other institution furnishing education for adults. "(6) The term 'training establishment' means any business or other establishment providing apprentice or other training on the job, including those under the supervision of a college or university or any State department of education, or any State apprenticeship agency, or any State board of vocational education, or any joint apprentice committee, or the Bureau of Apprenticeship established in accordance with chapter 4C of title 29, or any agency of the Federal Government authorized to supervise such training. "(7) The term 'State' includes the Canal Zone. "(8) The term 'Commissioner' means the United States Commissioner of Education. "(b) Benefits shall not be afforded under this chapter to any individual on account of service as a commissioned officer of the Coast and Geodetic Survey, or of the Regular or Reserve Corps of the Public Health Service. "(c) The Congress of the United States hereby declares that the veterans' education and training program created by this chapter is for the purpose of providing vocational readjustment and restoring lost educational opportunities to those service men and women whose educational or vocational ambitions have been interrupted or impeded by reason of active duty between January 31, 1955, and July 1, 1963, and for the purpose of aiding such persons in attaining the educational and training status which they might normally have aspired to and obtained had they not served their country. "SUBCHAPTER II-ELIGIBILITY "g 1910. Entitlement to education or training generally “Each eligible veteran shall, subject to the provisions of this chapter, be entitled to the education or training provided under this chapter. "§ 1911. Duration of veteran's education or training "(a) Each eligible veteran shall be entitled to education or training under this chapter for a period equal to one and a half times the duration of his service on active duty between January 31, 1955, and July 1, 1963, and, with respect to an eligible veteran on active duty on June 30, 1963, service on active duty after such date until his first discharge or release from such active duty after such date (or to the equivalent thereof in part-time training), except that "(1) in computing the duration of such service, there shall be excluded (A) any period of active duty which is creditable to an eligible veteran in determining entitlement to education or training under chapter 33, and (B) a period equal to any period he was assigned by the Armed Forces to a civilian institution for a course of education or training which was substantially the same as established courses offered to civilians or served as a cadet or midshipman at one of the service academies; "(2) the period of education or training to which an eligible veteran shall be entitled under this chapter shall not, except as provided in subsection (b), exceed thirty-six months reduced by a period equivalent to any period of educational assistance afforded him under chapters 33 and 35 of this title; and "(3) the period of education or training to which an eligible veteran shall be entitled under this chapter together with vocational rehabilitation training received under chapter 31 of this title, and educational training received under part VIII of Veterans Regulation Numbered 1(a), and section 12(a) of the Act enacting this title shall not, except as provided in subsection (b), exceed thirty-six months in the aggregate. "(b) Whenever the period of entitlement to education or training under this chapter of an eligible veteran who is enrolled in an educational institution regularly operated on the quarter or semester system ends during a quarter or semester and after a major part of such semester or quarter has expired, such period shall be extended to the termination of such unexpired quarter or semester. In all other courses offered by educational institutions, whenever the period of eligibility ends after a major portion of the course is completed such period may be extended to the end of the course or for nine weeks, whichever is the lesser period. "(c) In the case of any eligible veteran who is pursuing any program of education or training exclusively by correspondence one-fourth of the elapsed time in following such program of education or training shall be charged against the veteran's period of entitlement. "§ 1912. Commencement; time limitations "(a) No eligible veteran shall be entitled to initiate a program of education or training under this chapter after three years after his discharge or release from active duty or after three years after the date of enactment of this chapter, whichever is later. Notwithstanding the preceding sentence, any otherwise eligible veteran whom the Administrator determines to have been prevented from initiating a program of education or training under this chapter within the period prescribed by this subsection because he had not met the nature of discharge requirements of section 1908(a)(1) (B) of this title before a change, correction, or modification of a discharge or dismissal made pursuant to section 1553 of title 10, the correction of the military records of the proper service department under section 1552 of title 10, or other corrective action by competent authority, shall be permitted to initiate a program of education or training under this chapter within three years after the date his discharge or dismissal was so changed, corrected, or modified, or within three years after the date of enactment. of this chapter, whichever is later. "(b) The program of education and training of an eligible veteran under this chapter shall, on and after the delimiting date for the veteran to initiate his program, be pursued continuously until completion, except that an eligible veteran may suspend the pursuit of his program for periods of not more than 12′ consecutive months, and may suspend the pursuit of such program for longer periods if the Administrator finds that the suspension for each such period was. due to conditions beyond the control of the eligible veteran. "(c) If an eligible veteran returned to active duty before July 1, 1963, his dateof discharge or release shall, for the purposes of this section and section 1913 of this title, be the date of his discharge or release from his last period of activeduty which began before July 1, 1963. "§ 1913. Expiration of all education and training "No education or training shall be afforded an eligible veteran under this chapter beyond eight years after his discharge or release from active duty or eight years after the enactment of the Veterans' Readjustment Assistance Act of 1959, whichever is later, except that any veteran who is eligible to initiate a program of education or training by reason of the second sentence of section 1912 (a) of this title shall be permitted to pursue, subject to the other provisions of this chapter, such program for a period of not more than five years after the date of initiation thereof; but in no event shall education or training be afforded under this chapter after June 30, 1973. "SUBCHAPTER III-ENROLLMENT "§ 1920. Selection of program "Subject to the provisions of this chapter, each eligible veteran may select a program of education or training to assist him in attaining an educational, professional, or vocational objective at any educational institution or training establishment selected by him, whether or not located in the State in which he resides, which will accept and retain him as a student or trainee in any field or branch of knowledge which such institution or establishment finds him qualified to undertake or pursue. Notwithstanding the foregoing provisions of this section, an eligible veteran may not pursue a program of education or training at an educational institution or training establishment which is not located in a State, unless such program is pursued as an approved educational institution of higher learning. The Administrator in his discretion may deny or discontinue the enrollment under this chapter of any veteran in a foreign educational institution if he finds that such enrollment is not for the best interest of the veteran or the Government. "§ 1921. Applications; approval "Any eligible veteran who desires to initiate a program of education or training under this chapter shall submit an application to the Administrator which shall be in such form, and contain such information, as the Administrator shall prescribe. The Administrator shall approve such application unless he finds that such veteran is not eligible for or entitled to the education or training applied for or that his program of education or training fails to meet any of the requirements of this chapter, or that the eligible veteran is already qualified, by reason of previous education and training, for the educational, professional, or vocational objective for which the courses of the program of education or training are offered. The Administrator shall notify the eligible veteran of the approval or disapproval of his application. "§ 1922. Change of program "(a) Subject to the provisions of section 1921 of this title, each eligible veteran (except an eligible veteran whose program has been interrupted or discontinued due to his own misconduct, his own neglect, or his own lack of application) may, at any time before the end of the period during which he is entitled to initiate a program of education or training under this chapter, make not more than one change of program of education or training. "(b) Each eligible veteran, who has not made a change of program of education or training before the expiration of the period during which he is entitled to initiate a program of education or training under this chapter, may make not more than one change of program of education or training with the approval of the Administrator. The Administrator shall approve such a change if he finds that "(1) the eligible veteran is not making satisfactory progress in his present program and that the failure is not due to his own misconduct, his own neglect, or his own lack of application, and if the program to which the eligible veteran desires to change is more in keeping with his aptitude or previous education and training; or "(2) the program to which the eligible veteran desires to change, while not a part of the program currently pursued by him, is a normal progression from such program. "(c) As used in this section the term 'change of program of education or training' shall not be deemed to include a change from the pursuit of one program to pursuit of another where the first program is prerequisite to, or generally required for, entrance into pursuit of the second. "§ 1923. Disapproval of enrollment in certain courses "(a) The Administrator shall not approve the enrollment of an eligible veteran in any bartending course, dancing course, or personality development course. (b) The Administrator shall not approve the enrollment of an eligible veteran "(1) in any photography course or entertainment course; or “(2) in any music course-instrumental or vocal-public speaking course, or course in sports or athletics such as horseback riding, swimming, fishing, skiing, golf, baseball, tennis, bowling, sports officiating, or other sport or athletic courses, except courses of applied music, physical education, or public speaking which are offered by institutions of higher learning for credit as an integral part of a program leading to an educational objective; or "(3) in any other type of course which the Administrator finds to be avocational or recreational in character: unless the eligible veteran submits justification showing that the course will be of bona fide use in the pursuit of his present or contemplated business or occupation. (c) The Administrator shall not approve the enrollment of any eligible veteran, not already enrolled, in any nonaccredited course below the college level offered by a proprietary profit or proprietary nonprofit educational institution for any period during which the Administrator finds that more than eighty-five per centum of the students enrolled in the course are having all or any part of their tuition, fees, or other charges paid to or for them by the educational institution or the Veterans' Administration under this chapter, chapter 31 or 33 of this title, or section 12 (a) of the Act enacting this title. "§ 1924. Discontinuance for unsatisfactory progress "The Administrator shall discontinue the education and training allowance of an eligible veteran if, at any time, he finds that, according to the regularly prescribed standards and practices of the educational institution or training establishment, the conduct or progress of such veteran is unsatisfactory. "§ 1925. Period of operation for approval "(a) The Administrator shall not approve the enrollment of an eligible veteran in any course offered by an educational institution when such course has been in operation for less than two years. "(b) Subsection (a) shall not apply to "(1) any course to be pursued in public or other tax-supported educational institution; "(2) any course which is offered by an educational institution which has been in operation for more than two years, if such course is similar in character to the instruction previously given by such institution; "(3) any course which has been offered by an institution for a period of more than two years, notwithstanding the institution has moved to another location within the same general locality; or "(4) any course which is offered by a nonprofit educational institution of college level and which is recognized for credit toward a standard college degree. "§ 1926. Institutions listed by Attorney General "The Administrator shall not approve the enrollment of, or payment of an education and training allowance to, any eligible veteran in any course in an educational institution or training establishment while it is listed by the Attorney General under section 3 of part III of Executive Order 9835, as amended. "SUBCHAPTER IV-PAYMENTS TO VETERANS § 1931. Education and training allowance "(a) The Administrator shall pay to each eligible veteran who is pursuing a program of education or training under this chapter, and who applies therefor, an education and training allowance to meet, in part, the expenses of his subsistence, tuition, fees, supplies, books, and equipment. "(b) The education and training allowance for an eligible veteran shall be paid, as provided in section 1932 of this title, only for the period of the veterans' enrollment as approved by the Administrator, but no allowance shall be paid— "(1) to any veteran enrolled in an institutional course which leads to a standard college degree or a course of institutional on-farm training for any period when the veteran is not pursuing his course in accordance with the regularly established policies and regulations of the institution and the requirements of this chapter; "(2) to any veteran enrolled in an institutional course which does not lead to a standard college degree or in a course of apprentice or other training on the job for any day of absence in excess of thirty days in a twelvemonth period, not counting as absences weekends or legal holidays established by Federal or State law during which the institution or establishment is not regularly in session or operation; or “(3) to any veteran pursuing his program of education exclusively by correspondence for any period during which no lessons were serviced by the institution. "(c) No education and training allowance shall be paid to an eligible veteran for any period until the Administrator shall have received "(1) from the eligible veteran (A) in the case of an eligible veteran enrolled in an institutional course which leads to a standard college degree or a course of institutional on-farm training, a certification that he was actually enrolled in and pursuing the course as approved by the Administrator, or (B) in the case of an eligible veteran enrolled in an institutional course which does not lead to a standard college degree or a course of apprentice or other training on the job, a certification as to actual attendance during such period, or (C) in the case of an eligible veteran enrolled in a program of education or training by correspondence, a certification as to the number of lessons actually completed by the veteran and serviced by the institution; and "(2) from the educational institution or training establishment, a certification, or an endorsement on the veteran's certificate, that such veteran was enrolled in and pursuing a course of education or training during such period, and, in the case of an institution furnishing education or training to a veteran exclusively by correspondence, a certification, or an endorsement on the veteran's certificate, as to the number of lessons completed by the veteran and serviced by the institution. |