ing a secondary school diploma (or an equivalency certificate) an educational assistance allowance (A) at the rate of established charges for tuition and fees required of similarly circumstanced nonveterans enrolled in the same course, courses, or program, or (B) at the institutional full-time rate provided in section 1682(a) of this title, whichever is the lesser.

(Added P.L. 91-219, § 204(a)(4); amended P.L. 92-540, § 305; P.L. 96466, § 311(2); P.L. 97-295, § 4(43)(B).)

(c) The provisions of section 1673(d)(1) of this title, relating to the disapproval of enrollment in certain courses, shall be applicable to the enrollment of an eligible veteran who, while serving on active duty, enrolls in one or more courses under this subchapter for the purpose of attaining a secondary school diploma (or an equivalency certificate).

(Added P.L. 96-466, § 311(3); amended P.L. 97-306, § 203(b).)

§ 1692. Special supplementary assistance

(a) In the case of any eligible veteran who

(1) is enrolled in and pursuing a postsecondary course of education on a half-time or more basis at an educational institution; and

(2) has a deficiency in a subject required as a part of, or which is prerequisite to, or which is indispensable to the satisfactory pursuit of, an approved program of education,

the Administrator may approve individualized tutorial assistance for such veteran if such assistance is necessary for the veteran to complete such program successfully.

(Added P.L. 91-219, § 204(a)(4); amended P.L. 92-540, § 306(1).)

(b) The Administrator shall pay to an eligible veteran receiving tutorial assistance pursuant to subsection (a) of this section, in addition to the educational assistance allowance provided in section 1682 of this title, the cost of such tutorial assistance in an amount not to exceed $84 per month, for a maximum of twelve months, or until a maximum of $1,008 is utilized, upon certification by the educational institution that

(1) the individualized tutorial assistance is essential to correct a deficiency of the eligible veteran in a subject required as a part of, or which is prerequisite to, or which is indispensable to the satisfactory pursuit of, an approved program of education;

(2) the tutor chosen to perform such assistance is qualified and is not the eligible veteran's parent, spouse, child (whether or not married or over eighteen years of age), brother, or sister; and

(3) the charges for such assistance do not exceed the customary charges for such tutorial assistance.

(Added P.L. 91-219, § 204(a)(4); amended P.L. 92-540, § 306; P.L. 93508, § 206; P.L. 94-502, § 209; P.L. 95-202, § 102(5); P.L. 96-466, §§ 201(5), 211(5); P.L. 98-543, § 202(4).)

§ 1693. Effect on educational entitlement

The educational assistance allowance or cost of individualized tutorial assistance authorized by this subchapter shall be paid without charge to any period of entitlement the veteran may have earned pursuant to section 1661(a) of this title.

(Added P.L. 91-219, § 204(a)(4).)

[SUBCHAPTER VI-REPEALED]

[§§ 1695 to 1698. Repealed. P.L. 96-466, § 601(a)(1).]

CHAPTER 35-SURVIVORS' AND DEPENDENTS'
EDUCATIONAL ASSISTANCE

1710.

1711.

SUBCHAPTER II-ELIGIBILITY AND ENTITLEMENT

Eligibility and entitlement generally.

Duration of educational assistance.

SUBCHAPTER IV-PAYMENTS TO ELIGIBLE PERSONS

Educational assistance allowance.

Computation of educational assistance allowance.

Special assistance for the educationally disadvantaged.

1731.

1732.

1733.

1734.

1735.

1736.

1737.

Education loans.

1738.

Apprenticeship or other on-job training; correspondence courses.
Approval of courses.

Specialized vocational training courses.

Accelerated payment of educational assistance allowances.

SUBCHAPTER V-SPECIAL RESTORATIVE TRAINING

1765. 1766.

[REPEALED.]

SUBCHAPTER VII-PHILIPPINE COMMONWEALTH ARMY AND PHILIPPINE SCOUTS

Children of certain Philippine veterans.

Definitions.

§ 1700. Purpose

SUBCHAPTER I-DEFINITIONS

The Congress hereby declares that the educational program established by this chapter is for the purpose of providing opportuni

ties 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 service-connected total disability permanent in nature is for the purpose of assisting them in preparing to support themselves and their families 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. 94-502, § 310(1).)

§ 1701. Definitions

(a) For the purposes of this chapter and chapter 36 of this title(1) The term "eligible person" means

(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, 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 service-connected 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, 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.

(2) The term "child" includes individuals who are married and individuals who are above the age of twenty-three years. (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.

(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.

(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.

(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.

(9) 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 the Act of August 16, 1937, popularly known as the "National Apprenticeship Act" (29 U.S.C. 50 et seq.), or any agency of the Federal Government authorized to supervise such training.

(10) 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. Such term