(4) Payment of benefits under this chapter may be made after a participant has completed his or her first obligated period of active duty (which began after December 31, 1976), or 6 years of active duty (which began after December 31, 1976), whichever period is less. (Added P.L. 94-502, § 404.) (b) Any enlisted member of the Armed Forces participating in the program shall be eligible to participate in the Predischarge Education Program (PREP), authorized by subchapter VI of chapter 34 of this title, during the last 6 months of such member's first enlistment. (Added P.L. 94-502. § 404.) (c) When an eligible veteran is pursuing either a program of education under this chapter by correspondence or a program of flight training, such eligible veteran's entitlement shall be charged at the rate of 1 month's entitlement for each month of benefits paid to the eligible veteran (computed on the basis of the formula provided in subsection (a) (2) of this section). (Added P.L. 94-502, § 404.) (d) Eligible veterans participating in the program shall be eligible for education loans authorized by subchapter III of chapter 36 of this title in such amounts and on the same terms and conditions as provided in such subchapter, except that the term "eligible veteran" as used in such subchapter shall be deemed to include "eligible veteran" as defined in this chapter. (Added P.L. 94–502, § 404.) § 1632. Duration; limitations No educational assistance benefits shall be afforded an eligible veteran under this chapter bevond the date of 10 years after such veteran's last discharge or release from active duty. In the event an eligible veteran has not utilized any or all of such veteran's entitlement by the end of the 10-year period, such eligible veteran is automatically disenrolled and any contributions made by such veteran remaining in the fund shall be refunded to the veteran following notice to the veteran and an application by the veteran for such refund. If no application is received within 1 year from date of notice, it will be presumed for the purposes of subsection (a) of section 725s of title 31. that the individual's whereabouts is unknown and the funds shall be transferred as directed in the last proviso of that subsection. (Added P.L. 94-502, § 404.) Subchapter IV-Administration § 1641. Requirements The provisions of sections 1670, 1671, 1673, 1674, 1676, 1677, 1681 (c), 1683, 1696, and 1698 of this title and the provisions of chapter 36 of this title, with the exception of sections 1777, 1780 (c), and 1787 shall be applicable to the program. (Added P.L. 94-502, § 404.) § 1642. Reporting requirements The Administrator and the Secretary shall, within 90 days after the date of enactment of this chapter, submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a joint report containing their respective plans for implementation of the program provided for in this chapter. The Administrator and the Secretary shall submit to such committees a report each year detailing the operations of the program during the preceding year. The first such annual report shall be submitted 15 months after the date of enactment of this section. (Added P.L. 94-502, § 404.) § 1643. Deposits; reports Deductions made by the Department of Defense from the military pay of any participant shall be promptly transferred to the Administrator for deposit in the fund. The Secretary shall also submit to the Administrator a report each month showing the name, service number, and the amount of the deduction made from the military pay of each initial enrollee, any contribution made by the Secretary pursuant to section 1622 (c), as well as any changes in each participant's enrollment and/or contribution. The report shall also include any additional information the Administrator and the Secretary deem necessary to administer this program. The Administrator shall maintain accounts showing contributions made to the fund by individual participants and by the Secretary as well as disbursements made from the fund in the form of benefits. (Added P.L. 94-502, § 404.) CHAPTER 34-VETERANS' EDUCATIONAL ASSISTANCE SUBCHAPTER I-PURPOSE-DEFINITIONS Sec. 1651. Purpose. 1652. Definitions. SUBCHAPTER II-ELIGIBILITY AND ENTITLEMENT 1661. Eligibility; entitlement; duration. 1662. Time limitations for completing a program of education. 1663. Educational and vocational counseling. 1670. Selection of program. SUBCHAPTER III-ENROLLMENT 1671. Applications; approval. 1673. Disapproval of enrollment in certain courses. 1674. Discontinuance for unsatisfactory conduct or progress. 1676. Education outside the United States. 1677. Flight training. SUBCHAPTER IV-PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT SERVICES 1681. Educational assistance allowance. 1682. Computation of educational assistance allowances. 1682A. Accelerated payment of educational assistance allowances. Apprenticeship or other on-job training; correspondence courses. 1683. Approval of courses. 1684. 1685. 1686. Education loans. SUBCHAPTER V-SPECIAL ASSISTANCE FOR THE EDUCATIONALLY DISADVANTAGED 1690. Purpose. 1691. Elementary and secondary education and preparatory educational assistance. 1692. Special supplementary assistance. 1693. Effect on educational entitlement. SUBCHAPTER VI-PREDISCHARGE EDUCATION PROGRAM 1695. Purpose; definition. 1696. Payment of educational assistance allowance. 1697. Educational and vocational guidance. 1698. Coordination with and participation by Department of Defense. Subchapter I-Purpose-Definitions § 1651. Purpose The Congress of the United States hereby declares that the education program created by this chapter is for the purpose of (1) enhancing and making more attractive service in the Armed Forces of the United States, (2) extending the benefits of a higher education to qualified and deserving young persons who might not otherwise be able to afford such an education, (3) providing vocational readjustment and restoring lost educational opportunities to those service men and women whose careers have been interrupted or impeded by reason of active duty after January 31, 1955, and (4) aiding such persons in attaining the vocational and educational status which they might normally have aspired to and obtained had they not served their country. (Added P.L. 89-358, § 2.) § 1652. Definitions For the purposes of this chapter (a) (1) The term "eligible veteran" means any veteran who (A) served on active duty for a period of more than 180 days, any part of which occurred after January 31, 1955, and before January 1, 1977, and was discharged or released therefrom under conditions other than dishonorable; or (B) contracted with the Armed Forces and was enlisted in or assigned to a reserve component prior to January 1, 1977, and as a result of such enlistment or assignment served on active duty for a period of more than 180 days, any part of which commenced within 12 months after January 1, 1977, and was discharged or released from such active duty under conditions other than dishonorable; or (C) was discharged or released from active duty, any part of which was performed after January 31, 1955, and before January 1, 1977, or following entrance into active service from an enlistment provided for under clause (B) of this paragraph, because of a service-connected disability. (2) The requirement of discharge or release, prescribed in paragraph (1)(A) or (B), shall be waived in the case of any individual who served more than one hundred and eighty days in an active-duty status for so long as such individual continues on active duty without a break therein. (3) For purposes of paragraph (1)(A) and section 1661 (a), the term "active duty" does not include any period during which an individual (A) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (B) served as a cadet or midshipman at one of the service academies, or (C) served under the provisions of section 511(d) of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard or as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve unless at some time subsequent to the completion of such period of active duty for training such individual served on active duty for a consecutive period of one year or more (not including any service as a cadet or midshipman at one of the service academies). (Added P.L. 89-358, § 2; amended P.L. 91-584, § 10(1); P.L. 93–508, § 201; P.L. 94–502, §§ 211(1), 402.) (b) The term "program of education" means any curriculum or any combination of unit courses or subjects pursued at an educational institution which is generally accepted as necessary to fulfill requirements for the attainment of a predetermined and identified educational, professional, or vocational objective. Such term also means any curriculum of unit courses or subjects pursued at an educational institution which fulfill requirements for the attainment of more than one predetermined and identified educational, professional, or vocational objective if all the objectives pursued are generally recognized as being reasonably related to a single career field. Such term also means any unit course or subject, or combination of courses or subjects, pursued by an eligible veteran at an educational institution, required by the Administrator of the Small Business Administration as a condition to obtaining financial assistance under the provisions of 402 (a) of the Economic Opportunity Act of 1964 (42 U.S.C. 2902 (a)). (Added by P.L. 89-358, § 2; amended P.L. 91-219, § 201(a); P.L. 91-584, § 10 (2).) (c) 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, or scientific or technical institution, or other institution furnishing education for adults. (Added P.L. 89-358, § 2; amended P.L. 91-219, § 201 (b).) (d) The term "dependent" means (1) a child of an eligible veteran; (2) a dependent parent of an eligible veteran; and (3) the spouse of an eligible veteran. (Added P.L. 89–358, § 2; amended P.L. 94-502, § 211(1).) (e) For the purposes of this chapter and chapter 36 of this title, the term "training establishment" means any 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 apprenticeship committee, or the Bureau of Apprenticeship and Training established pursuant to chapter 4C of title 29, or any agency of the Federal Government authorized to supervise such training. (Added P.L. 90-77, § 304 (c); amended P.L. 94-502, § 210(1).) (f) For the purposes of this chapter and chapter 36 of this title, the term "institution of higher learning" means a college, university, or similar institution, including a technical or business school, offering postsecondary level academic instruction that leads to an associate or higher degree if the school is empowered by the appropriate State education authority under State law to grant an associate or higher degree. When there is no State law to authorize the granting of a degree, the school may be recognized as an institution of higher learning if it is accredited for degree programs by a recognized accrediting agency. Such term shall also include a hospital offering educational programs at the postsecondary level without regard to whether the hospital grants a postsecondary degree. (Added P.L. 94-502, § 202.) (g) For the purposes of this chapter and chapter 36 of this title, the term "standard college degree" means an associate or higher degree awarded by (1) an institution of higher learning that is accredited as a collegiate institution by a recognized regional or national accrediting agency; or (2) an institution of higher learning that is a "candidate" for accreditation as that term is used by the regional or national accrediting agencies; or (3) an institution of higher learning upon completion of a course which is accredited by an agency recognized to accredit specialized degree-level programs. For the purpose of this section, the accrediting agency must be one recognized by the Commissioner of Education under the provisions of section 1775 of this title. (Added P.L. 94-502, § 202.) Subchapter II-Eligibility and Entitlement § 1661. Eligibility; entitlement; duration Entitlement (a) Except as provided in subsection (c) and in the second sentence of this subsection, each eligible veteran shall be entitled to educational assistance under this chapter or chapter 36 for a period of one and one-half months (or the equivalent thereof in part-time educational assistance) for each month or fraction thereof of the veteran's service on active duty after January 31, 1955. If an eligible veteran has served a period of 18 months or more on active duty after January 31, 1955, and has been released from such service under conditions that would satisfy the veteran's active duty obligation, the veteran shall be entitled to educational assistance under this chapter for a period of 45 months (or the equivalent thereof in part-time educational assistance). In the case of any person serving on active duty on December 31, 1976, or a person whose eligibility is based on section 1652 (a) (1) (B) of this chapter, the ending date for computing such person's entitlement shall be the date of such person's first discharge or release from active duty after December 31, 1976. (Added P.L. 89-358, § 2; amended P.L. 90-631, § 1(b); P.L. 92-540, § 401(1); P.L. 93-508, § 202 (1); P.L. 94-502, §§ 203 (1), 211 (2), 403 (a).) Entitlement Limitations (b) Whenever the period of entitlement under this section 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, such period shall be extended to the termination of such unexpired quarter or semester. In educational institutions not operated on the quarter or semester system, whenever the period of eligibility ends after a major portion of the course is completed such period shall be extended to the end of the course or for twelve weeks, whichever is the lesser period. (Added P.L. 89-358, § 2.) (c) Except as provided in subsection (b) and in subchapters V and VI of this chapter, no eligible veteran shall receive educational assistance under this chapter in excess of 45 months. (Added P.L. 90-631, 1(b) (4): amended P.L. 91-219, § 204 (a) (1); P.L. 93-508, § 202 (2); P.L. 94-502, § 203 (2).) |