of education or training prior to their discharge or release from active duty with the Armed Forces. The program provided for under this subchapter shall be known as the Predischarge Education Program (PREP). (Added P.L. 91-219, § 204 (a) (4).) (b) For the purposes of this subchapter, the term "eligible person" means any person serving on active duty with the Armed Forces who has completed more than 180 consecutive days of such active duty service as certified to the Administrator by the Secretary concerned. (Added P.L. 91-219, § 204 (a) (4).) § 1696. Payment of educational assistance allowance (a) The Administrator shall, under such regulations as the Administrator shall prescribe after consultation with the Secretary of Defense, pay the educational assistance allowance as computed in subsection (b) of this section to an eligible person enrolled in and pursuing (1) a course or courses offered by an educational institution (other than by correspondence) and required to receive a secondary school diploma, or (2) any deficiency, remedial, or refresher course or courses offered by an educational institution and required for or preparatory to the pursuit of an appropriate course or training program in an approved educational institution or training establishment. (Added P.L. 91-219, § 204 (a) (4); amended P.L. 94-502, § 211(13).) (b) The educational assistance allowance of an eligible person pursuing education or training under this subchapter shall be computed at the rate of (1) the established charges for tuition and fees which the educational institution requires similarly circumstanced nonveterans enrolled in the same or a similar program to pay, and the cost of books and supplies peculiar to the course which such educational institution requires similarly circumstanced nonveterans enrolled in the same or a similar program to have, or (2) $311 per month for a full-time course, whichever is the lesser. Where it is determined that there is no same program, the Administrator shall establish appropriate rates for tuition and fees designed to allow reimbursement for reasonable costs for the education or training institution. (Added P.L. 91-219, § 204 (a) (4); amended P.L. 92-540, §§ 102(5), 307; P.L. 93-508, § 102(5); P.L. 93-602, § 203 (c); P.L. 94-502, § 201 (4); P.L. 95-202, § 102 (6).) (c) The educational assistance allowance authorized by this section shall be paid without charge to any period of entitlement earned pursuant to section 1661 (a) of this title. (Added P.L. 91-219, § 204 (a) (4).) (d) After October 31, 1976, no person other than a member of the Armed Forces described in section 1631 (b) of this title shall be permitted to enroll, or re-enroll, in any course provided under the authority of this subchapter. (Added P.L. 94–502, § 210(5).) § 1697. Educational and vocational guidance The Administrator shall, to the extent that professional counselors are available, provide, by contract or otherwise, educational and vocational guidance to persons eligible for educational assistance under this subchapter. (Added P.L. 91-219, § 204 (a) (4).) § 1698. Coordination with and participation by Department of Defense (a) The Administrator shall designate an appropriate official of the Veterans' Administration who shall cooperate with and assist the Secretary of Defense and the official the Administrator designates as administratively responsible for such matters, in carrying out functions and duties of the Department of Defense under the PREP program authorized by this subchapter. It shall be the duty of such official to assist the Secretary of Defense in all matters entailing cooperation or coordination between the Department of Defense and the Veterans' Administration in providing training facilities and released time from duty necessary to carry out the purposes of the program. (Added P.L. 92-540, § 308; amended P.L. 94-502, §211(14).) (b) Educational institutions and training establishments administered by or under contract to the Department of Defense providing education and training to persons serving on active duty with the Armed Forces shall, in accordance with regulations jointly prescribed by the Administrator and the Secretary of Defense, be approved for the enrollment of eligible persons only at such time as the Secretary submits to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing such Department's plan for implementation of the program established under this subchapter (except that on-going programs of education and training at such institutions or establishments may be continued for ninety days after the date of enactment of this section and prior to the submission of such report), which plan shall include provision for (1) each Secretary concerned to undertake an information and outreach program designed to advise, counsel, and encourage each eligible person within each branch of the Armed Forces with respect to enrollment in a program under this subchapter, with particular emphasis upon programs under sections 1691 (a) (2) and 1696 (a) (2) of this title, and in all other programs for which such person, prior to or following discharge or release from active duty, may be eligible under chapters 31 and 34 of this title; (2) each Secretary concerned to undertake, in coordination with representatives of the Veterans' Administration, to arrange and carry out meetings with each approved educational institution located in the vicinity of an Armed Forces installation (or, in the case of installations overseas, which have the capacity to carry out such programs at such overseas installations) to encourage the establishment of a program by such institution under this subchapter and subchapter V of this chapter in connection with persons stationed at such installation, with particular emphasis upon programs under sections 1691 (a) (2) and 1696 (a) (2) of this title; (3) the release from duty assignment of any such eligible person for at least one-half of the hours required for such person to enroll in a full-time program of education or training under this subchapter during such person's military service, unless, pursuant to regulations prescribed by the Secretary concerned, it is determined that such release of time is inconsistent with the interests of the national defense; and (4) establishment of an Inter-Service and Agency Coordinating Committee, under the co-chairmanship of an Assistant Secre tary of Defense and the Chief Benefits Director of the Veterans' Administration, to promote and coordinate the establishment and conduct of programs under this subchapter and other provisions of this title and the implementation of the plan submitted pursu ant to this section. (Added P.L. 92-540, § 308; amended P.L. 94-502, § 211(14); P.L. 95-202, § 302 (b).) CHAPTER 35-SURVIVORS' AND DEPENDENTS' SUBCHAPTER I-DEFINITIONS Sec. 1700. Purpose. 1701. Definitions. SUBCHAPTER II-ELIGIBILITY AND ENTITLEMENT 1710. Eligibility and entitlement generally. 1711. Duration of educational assistance. 1712. Periods of eligibility. 1713. Application. 1714. Processing of applications. SUBCHAPTER III-PROGRAM OF EDUCATION 1720. Development of educational plan. 1721. Final approval of application. 1723. Disapproval of enrollment in certain courses. 1724. Discontinuance for unsatisfactory progress. SUBCHAPTER IV-PAYMENTS TO ELIGIBLE PERSONS 1731. Educational assistance allowance. 1732. Computation of educational assistance allowance. 1733. Special assistance for the educationally disadvantaged. 1734. Apprenticeship or other on-job training; correspondence courses. 1735. Approval of courses. 1736. Specialized vocational training courses. 1737. Education loans. The Congress hereby declares that the educational program estab lished by this chapter is for the purpose of providing opportunities for education to children whose education would otherwise be impeded or interrupted by reason of the disability or death of a parent from a disease or injury incurred or aggravated in the Armed Forces after the beginning of the Spanish-American War, and for the purpose of aiding such children in attaining the educational status which they might normally have aspired to and obtained but for the disability or death of such parent. The Congress further declares that the educational program extended to the surviving spouses of veterans who died of service-connected disabilities and to spouses of veterans with a serviceconnected total disability permanent in nature is for the purpose of assisting them in preparing to support themselves and their families EX at a standard of living level which the veteran, but for the veteran's death or service disability, could have expected to provide for the veteran's family. (Added P.L. 90-631, § 2(a) (1); amended P.L. 94502, § 310(1).) § 1701. Definitions (a) For the purpose of this chapter- (A) a child of a person who (i) died of a service-connected disability, (ii) has a total disability permanent in nature resulting from a service-connected disability, or who died while a disability so evaluated was in existence, or (iii) at the time of application for benefits under this chapter is a member of the Armed Forces serving on active duty listed, pursuant to section 556 of title 37, United States Code, and regulations issued thereunder by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (A) missing in action, (B) captured in line of duty by a hostile force, or (C) forcibly detained or interned in line of duty by a foreign government or power, (B) the surviving spouse of any person who died of a serviceconnected disability, (C) the spouse of any member of the Armed Forces serving on active duty who, at the time of application for benefits under this chapter is listed, pursuant to section 556 of title 37, United States Code, and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power, or (D) the spouse of any person who has a total disability permanent in nature resulting from a service-connected disability, or the surviving spouse of a veteran who died while a disability so evaluated was in existence, arising out of active military, naval, or air service after the beginning of the Spanish-American War, but only if such service did not terminate under dishonorable conditions. The standards and criteria for determining whether or not a disability arising out of such service is service connected shall be those applicable under chapter 11 of this title. (Amended P.L. 86-236, § 1; P.L. 86-785, § 1; P.L. 88-361, § 1(a); P.L. 89-222, § 3; P.L. 89-349, § 1(a), (b); P.L. 89-358, § 4(j) (3): P.L. 90-631, § 2(b); P.L. 91-584, § 1; P.L. 94-502, § 310 (2).) (2) The term "child" includes individuals who are married and individuals who are above the age of twenty-three years. (Amended P.L. 91-24, 89(a).) (3) The term "duty with the Armed Forces" as used in section 1712 of this title means (A) active duty, (B) active duty for training for a period of six or more consecutive months, or (C) active duty for training required by section 511(d) of title 10. (Amended P.L. 89–358, $4 (j) (1).) (4) The term "guardian" includes a fiduciary legally appointed by a court of competent jurisdiction, or any other person who has been appointed by the Administrator under section 3202 of this title to receive payment of benefits for the use and benefit of the eligible person. (Amended P.L. 93-295, § 302.) (5) 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 the requirements for the attainment of a predetermined and identified educational, professional, or vocational objective. (6) The term "educational institution" means any public or private secondary school, vocational school, correspondence school, business school, junior college, teachers' college, college, normal school, professional school, university, or scientific or technical institution, or any other institution if it furnishes education at the secondary school level or above. (Amended P.L. 92-540, § 309 (1).) (7) The term "special restorative training" means training furnished under subchapter V of this chapter. (8) The term "total disability permanent in nature" means any disability rated total for the purposes of disability compensation which is based upon an impairment reasonably certain to continue throughout the life of the disabled person. (Added P.L. 88–361. § 1(b).) (9) For the purposes of this chapter and chapter 36 of this title. the term "training establishment" means any establishment provid ing 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. 92-540, § 309 (2).) (10) 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 |