Veterans Benefits Administration
Department of Veterans Affairs
Washington, D.C.  20420
M22-4, Part I

November 20, 2007





Part I, "General," of Veterans Benefits Administration Manual M22-4, "Education Procedures," is changed as follows: 

This change transmits a complete revision of chapter 3.   However, only a few paragraphs have substantive changes from the previous version.  These are as follows:

Paragraph 3.01 provides a revised introductory paragraph. 

Paragraph 3.02 provides links to summaries of the education benefit programs.   The chapter 1607 and the National Call to Service programs are included in the list of programs assigned to the Education Service.  The chapter 18 program is included in the list of education programs assigned to other VBA services. 

Paragraph 3.08 is added to differentiate the Persian Gulf Era legislation from the Post-Vietnam Era legislation.   Paragraph 3.08 includes summaries of Public Laws 108-375, 108-454, 109-163 and 109-461.

RESCISSIONS:  M22-4, part I, changes 14, 19, 22, 25, and 26

             

By Direction of the Under Secretary for Benefits

Keith M. Wilson
              Director, Education Service



Distribution:  Printed Distribution: NONE
                   (Electronic Distribution only)



 

 

Part 1: Chapter 3 - Overview and History of Education Programs
Part I: Chapter 3 - Overview and History of Education Programs
Subchapter 1 - Overview of Education Benefits
3.01  Introduction
3.02  Summaries of Current VA Education Programs
3.03  Summaries of Former VA Education Programs

Subchapter 2 - Summary of Public Laws
3.04 Educational Assistance Laws - World War II
3.05 Educational Assistance Laws - Korean Conflict
3.06 Educational Assistance Laws - Vietnam Era
3.07 Educational Assistance Laws - Post-Vietnam Era
3.08 Educational Assistance Laws - Persian Gulf War Era

Appendix A. Historical Benefit Rates
3.01  Serviceman's Readjustment Act of 1944 (Public Law 78-346 and Amendments)
3.02  Veterans Readjustment Act of 1952 (Public Law 82-550)
3.03  Chapter 34 Rates (Public Laws 89-358 & 90-77)
3.04  Chapter 34 Rates (Public Laws 90-631 & 91-219)
3.05  Chapter 34 Rates (Public Laws 92-540 & 93-508)
3.06  Chapter 34 Rates (Public Laws 93-602 & 94-502)
3.07  Chapter 34 Rates (Public Laws 95-202 & 96-466)
3.08  Chapter 34 Rates (Public Laws 96-466 & 98-543)



SUBCHAPTER I.   OVERVIEW OF EDUCATION BENEFITS

3.01  INTRODUCTION
(Change Date:  November 20, 2007)


           a.  Education Programs.  The Education Service of the Veterans Benefits Administration (VBA) currently administers nine education benefit programs. See paragraph 3.02a for summaries of these programs. See part I, paragraph 1.05 for the full claims processing instructions for these programs.  See paragraph 3.02b for programs not administered by Education Service and see paragraph 3.03 for expired education programs.

           b.  Administration of Education Programs.  The following is a brief overview of how education programs are administered. 

           (1)  Beneficiary Responsibilities.  Individuals must file applications for education benefits before VA may determine eligibility or pay benefits. After establishing eligibility, VA may require individuals to inform VA of their continued pursuit or other information.

           (2)  Eligibility Determinations and Claims ProcessingThe eligibility criteria vary widely from program to program. Eligibility usually depends upon the period served on active duty. VA determines eligibility for the title 38 U.S. Code programs.  VA relies on the Department of Defense (DoD) or the Department of Homeland Security (DOH) to determine eligibility for the title 10 U.S. Code programs. Four Regional Processing Offices (RPOs) (Atlanta, Buffalo, St. Louis, and Muskogee) process education claims.          

           (3)  Course Approval.  Except for the section 901 program, an individual can only receive benefits for courses (programs) that are approved by the State approving agency (SAA), or in some cases the Director, Education Service.  Education Liaison Representatives (ELRs) at the regional offices (ROs) review approval actions submitted by SAAs to ensure they are in compliance with the law. VA reimburses the SAAs for their services.

           (4)  Educational Institutions and Job Training Establishments.  Educational institutions and job training establishments are required to make periodic reports to VA regarding the enrollment of VA beneficiaries and changes in their enrollment.   

           (5)  Benefit Payments.  Education benefits are usually paid on a monthly basis rather than as a lump sum at the beginning of a term.  The monthly rate depends on the number of credit hours or clock hours the student is taking.  If a student fails to complete a course, he or she may be required to repay the benefits received for that course in some cases.   (The chapter 30 program described in paragraph 3.02 below provides for accelerated payment of benefits in limited situations.  The chapters 30, 35, 1607, and section 903 programs described in paragraph 3.02 below provide for lump sum payments at the beginning of the term in limited situations.)      

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3.02 SUMMARIES OF CURRENT VA EDUCATION PROGRAMS
(Change Date:  November 20, 2007)


NOTE:  This paragraph provides links to summaries of the education programs.  For links to the full text of the benefit legislation, go to part I, paragraph 1.01.  For references to full implementing instructions, go to part I, paragraph 1.05.     

           a.  Programs assigned to Education Service

           (1)  Summary of Chapter 30, title 38, U.S.Code, All Volunteer Force Educational Assistance Program (also referred to as the Montgomery G.I. Bill-Active Duty Educational Assistance Program (MGIB)). 

           (2)  Summary of Chapter 32, title 38, U.S.Code, Post-Vietnam Era Veterans' Educational Assistance Program (VEAP). 

           (3)  Summary of Chapter 35, title 38, U.S.Code, Survivors' and Dependents Educational Assistance (also referred to as Dependents' Educational Assistance (DEA)).        

           (4)  Summary of Chapter 1606, title 10, U.S. Code, Educational Assistance for Members of the Selected Reserve (also referred to as the Montgomery G. I. Bill - Selected Reserve (MGIB-SR)).

           (5)  Summary of Chapter 1607, title 10 U.S. Code, Educational Assistance for Reserve Component Members Supporting Contingency Operations and Certain Other Operations (also referred to as the Reserve Educational Assistance Program (REAP)).

           (6)  Summary of Section 901, Public Law 96-342, Educational Assistance Test Program

           (7)  Summary of Section 903, Public Law 96-342, Educational Assistance Pilot Program (also referred to as Non-contributory VEAP).

           (8)  The Antiterrorism Act of 1986, Educational Assistance for Members Held as Captives and their Dependents.  A summary is not available.  See part III, chapter 12 for information on this program. 

           (9)  Summary of National Call to Service (NCS), section 510, title 10, U.S. Code.

           b.  Programs Assigned to Other Services         

           (1)  Restored Entitlement Program for Survivors (REPS), Section 156, Public Law 97-377.  A summary is not available.  See M21-1 MR Part IX, Subpart I, chapter 6 for full instructions. This program is often referred to as REPS or the Quayle Amendment.  The program restores social security benefits that were reduced or terminated by Public Law 97-35, the Omnibus Budget Reconciliation Act of 1981.

           (2)  Additional Compensation and Pension (C&P) Benefits Based on School Attendance.  A summary is not available.  See M21-1, part IV, chapter 14 for full instructions about this benefit.  Additional C&P benefits are available based on the school attendance of children who are over age 18 and under age 23.

           (3)  Chapter 31, title 38, U.S. Code, Training and Rehabilitation for Veterans with Service-Connected Disabilities.  (See Chapter 31, title 38, U.S.Code, for the underlying legislation.)

           (4)  Chapter 18, title 38, U.S. Code, Benefits for Children of Vietnam Veterans. A summary is not available. See M21-1MR, Part VI for full instructions about this benefit. This program provides vocational training to veterans' children who are diagnosed with certain birth defects including spina bifida. (See Chapter 18, title 38, U.S. Code, for the underlying legislation.)

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3.03 DESCRIPTION OF FORMER VA EDUCATION BENEFITS
(Change Date:  November 20, 2007)


           a.  World War II GI Bill (Public Law 78-346).  To be eligible, an individual must have served on active duty between September 16, 1940, and October 6, 1946.  An individual was entitled to one year of full-time training plus periods equal to the time on active duty, up to a maximum of 48 months. The delimiting date was nine years after the end of the war, July 25, 1947, or nine years after release from World War II active duty, whichever was earlier.  Individuals must have entered training before July 25, 1951, and completed training by July 25, 1956, the final cutoff date.  An individual received monthly subsistence allowances with additional allowances for dependents. Training was limited to full time; there was no provision for part-time training.  There were limits on the combined VA subsistence allowance and earnings of single individuals. VA paid educational institutions a maximum of $500 a year for tuition, books, fees, and other training costs.  If an individual elected to have VA pay more than $500, the entitlement charge was one day for each additional $2.10 paid.

           b.  Korean Conflict GI Bill (Public Law 82-550).  To be eligible, an individual must have served on active duty between June 27, 1950, and January 31, 1955.  An individual was entitled to one and one-half times his or her period of active service, up to a maximum of 36 months.  The delimiting date was eight years after discharge or release from active duty.  An individual had to enter training within three years of his or her discharge or release from active duty.  The final cutoff date was January 31, 1965.  An individual received educational assistance with additional allowances for dependents.  There were limits on the combined VA subsistence allowance and earnings only for single veterans pursuing job training.

           c.  Vietnam Era GI Bill (38 U.S.C. Chapter 34, enacted by Public Law 89-358).  To be eligible, an individual must have entered active duty before January 1, 1977, or must have contracted for enlistment under a delayed entry program before January 1, 1977, been assigned to a reserve component at that time and entered active duty before January 2, 1978.  Only individuals with active duty after January 31, 1955, had potential eligibility for chapter 34.  An individual must have served on active duty for a minimum of 181 days unless discharged or released because of a service-connected disability or disabilities.  Discharges or releases from active duty must have been under conditions other than dishonorable. The program ended on December 31, 1989.  See part V, chapter 9 for a more detailed discussion of chapter 34.

           d.  Hostage Relief Act of 1980 (Public Law 96-449).  This program provided education benefits to American citizens held hostage before January 1, 1981.  This program provided some educational benefits to spouses and children of hostages.  Former hostages, their spouses, and children could receive up to the maximum amount payable under chapter 35 while attending educational institutions or job training establishments approved for veterans' training.  Former hostages could receive education benefits following their release from captivity.  They were entitled to a maximum of 45 months of benefits with a January 21, 1991, delimiting date.  Spouses and children could receive education benefits beginning after November 3, 1979.  The ending date for spouses or children was the date of the captive's release.  If the spouse or child was in training on that date, benefits could be extended to the end of a term, quarter, or semester, or for 12 weeks following the ending date.  Except for certain extensions, the program ended on January 20, 1991.  The program was codified in 5 U.S.C. 5569.

           e.  Veterans' Job Training Act (Public Law 98-77).  This program provided for payments to employers for training certain Korean Conflict and Vietnam Era veterans who had been unemployed for long periods of time.  To be eligible, a veteran must have been unemployed for 10 of 15 weeks immediately before applying.  A veteran could receive a maximum of 9 months of assistance.  A veteran rated 30 percent or more for service-connected disabilities, or 10 or 20 percent with serious employment handicaps could receive a maximum of 15 months of assistance.  The program was intended to help defray the costs of hiring and training veterans for stable and permanent positions involving significant training.  VA administered the program, while Department of Labor (DOL) was responsible for promoting the development of employment and job training opportunities.  The departments had joint responsibilities for public information and assisting veterans and employers in applying for the program.  Veterans had to file before September 30, 1989, and enter training before March 31, 1990. See Circular 22-90-5, Appendix B for full instructions for this program.

           f.  Section 207, Public Law 101-366. This law permitted certain 1977 and 1978 service academy (U.S. Air Force Academy, U.S. Coast Guard Academy, U.S. Military Academy, and U.S. Naval Academy) and 1978 Senior Reserve Office Training Corps (SROTC) graduates to receive an amount equal to what would have been received under 38 U.S.C. chapter 34 for training pursued before January 1, 1990.  A limited number of 1977 SROTC graduates were also eligible. To be eligible, an individual must have graduated from one of the service academies or completed SROTC programs, received a commission, served more than 180 consecutive days as a result of the commission, and been discharged or released under conditions other than dishonorable or continued on active duty.  Individuals had until January 1, 1992, to file applications. See Circular 22-90-5, Appendix B for full instructions.

           g.  SMOCTA (Public Law 102-484).  The Service Members Occupational Conversion and Training Act of 1992 (SMOCTA ) program assisted individuals leaving active duty to obtain employment through participation in significant training leading to employment in stable and permanent positions.  To be eligible, a veteran had to be discharged from active duty on or after August 2, 1990, and: (1) had a primary or secondary military occupational specialty that DoD determined was not readily transferable to the civilian work force; (2) was entitled to receive compensation for a service-connected disability or disabilities rated by VA at 30% or more; or (3) was unemployed at the time of his or her application and had been unemployed for at least 8 of the 15  weeks preceding his or her application.  An individual must have applied for a SMOCTA program by September 30, 1996, and begun a SMOCTA program by March 31, 1997.  However, because funding was never approved beyond September 30, 1995, no veteran could enter a SMOCTA program after that date.  A veteran had to enter a training program through his or her employer.  The employer received reimbursement of 50 percent of the veteran's starting wage rate. Employers had until January 31, 2000, to apply for final reimbursement for this training.

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SUBCHAPTER II. SUMMARY OF PUBLIC LAWS

This subchapter summarizes the public laws affecting education benefit programs.

3.04 EDUCATIONAL ASSISTANCE LAWS - WORLD WAR II
(Change Date:  November 20, 2007)


Public Law No.

Date Enacted

Digest

78-346

6-22-44

Servicemen's Readjustment Act of 1944. Also known as the G.I. Bill of Rights.

Provided for educational and training benefits to individuals who served on active duty after 9-15-40, and before the end of hostilities.

79-190

10-6-45

Liberalized conditions for enlistment and service. Extended eligibility periods for individuals who enlisted or reenlisted by providing that World War II would not be considered as ending before the end of enlistments or reenlistments contracted within 1 year after 10-6-45.

79-268

12-28-45

Substantially amended many provisions of Public Law 78-346. Clarified, liberalized, and strengthened various provisions.

79-679

8-8-46

Established approval criteria to be met before SAAs or VA could approve on-the-job training establishments. Imposed additional supervisory responsibilities on VA. Authorized VA to reimburse State and local agencies for expenses incurred involving training programs.

Set statutory ceilings for the combination of wages and subsistence allowance that trainees could receive.

80-239

7-25-47

Established 7-25-47 as ending date for most World War II education benefits. Required all education training under Public Law 78-346 to start by 7-25-51, and be completed by 7-25-56. Exempted individuals who enlisted or reenlisted under Public Law 79-190.

80-377

8-6-47

Effective 9-1-47, established institutional on-farm training. Set minimum approval requirements for educational institutions offering the programs.

80-411

2-14-48

Amended Public Law 78-346 and increased the subsistence allowance to trainees pursuing full-time institutional training.

80-512

5-4-48

Reenacted the provisions in Public Law 80-411. Included individuals pursuing part-time institutional training.

Increased the ceilings and combined total of wages and subsistence allowances that individuals could receive.

80-862

6-30-48

Supplemental Independent Offices Appropriations Act, 1949.

Amended Public Law 78-346. Prohibited payments for courses beginning 7-1-48, that VA determined to be avocational or recreational in character.  Exempted aviation and flying courses related to present or contemplated businesses or occupations.

81-266

8-24-49

Independent Offices Appropriations Act, 1950.

Continued the prohibitions in Public Law 80-862. Required a student in flight training to submit a personal affidavit supported by affidavits from two disinterested persons stating that flight training would be useful in connection with earning a livelihood.

Effective 8-24-49, prohibited payments for courses at educational institutions that had not operated for a period of 1 year immediately before individuals enrolled. Prohibited payments for courses in educational institutions without customary costs of tuition until the costs were determined.

Created the Veteran Tuition Appeals Board.

81-571

6-23-50

Amended VA regulations with respect to computing estimated costs of teaching personnel and supplies for instruction at land grant colleges, universities, and other nonprofit educational institutions. Removed requirements to deduct federal land grants and certain other contributions in computing adjusted tuition for individuals.

81-610

7-13-50

Veterans' Education and Training Amendments of 1950.

Incorporated, with significant modifications, certain provisions in administrative regulations and temporary limitations in appropriation laws. Provided that educational institutions could be liable for overpayments of allowances to individuals under certain conditions.

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3.05 EDUCATIONAL ASSISTANCE LAWS - KOREAN CONFLICT
(Change Date:  November 20, 2007)

Public Law No.

Date Enacted

Digest

82-550

7-16-52

Veterans Readjustment Assistance Act of 1952.

Provided for the vocational readjustment and restoration of lost educational opportunities to individuals serving in the Armed Forces after 6-26-50, and before such date as shall be determined by the President or Congress.

Prohibited payments for courses at educational institutions that had not operated for a period of 2 years immediately before individuals enrolled. 

Codified as 38 U.S.C. chapter 33.

83-610

8-20-54

Extended the period to begin training under Public Law 82-550 from 2 to 3 years after discharge or release from active duty and the final cutoff date from 7 to 8 years after discharge or release from active duty.

84-7

2-15-55

Amended Public Law 82-550.  Extended the basic period for individuals on active duty on 1-31-55, to earn entitlement to education and training benefits to the date of first discharge or release after 1-31-55.  Extended the ending date of the program to 1-31-65.

84-623

6-27-56

Independent Offices Appropriation Act, 1957.

Reduced the reporting allowance to educational institutions for reports and certifications of attendance to $1 per month for each individual enrolled in and attending the educational institutions.

84-634

6-29-56

War Orphans' Educational Assistance Act of 1956.

Subsequently codified in 38 U.S.C. chapter 35.

84-847

7-30-56

Exempted certain courses leading to standard college degrees offered by nonprofit Institutions of higher learning (IHLs) from the prohibition on enrollment in courses in operation for less than 2 years.

85-460

6-18-58

Extended chapter 35 to include the Panama Canal Zone and the Republic of the Philippines.

86-236

9-8-59

Extended chapter 35 to the children of Spanish-American War veterans who died of service-connected disabilities.

86-785

9-14-60

Extended chapter 35 to the children of veterans who died of disabilities incurred after 1-31-55, or, while Selective Service operated, as a direct result of the performance of duty or under conditions of extra hazardous service.  Covered periods 9-16-40 to 12-6-41, and 1-1-47 to 6-26-50. 

Authorized pursuit of an incidental part of college courses by open circuit television.

87-377

10-4-61

Extended the time that chapter 35 children had to complete their education.

87-546

7-25-62

Amended chapter 35 to permit children to attend foreign educational institutions under certain conditions.

87-815

10-15-62

Extended the period to start and complete programs of education for individuals called to active duty during the Berlin crisis.

87-819

10-15-62

Extended chapter 35 benefits in certain cases beyond the specified age limitations, but not beyond the child's 31st birthday.

88-126

9-23-63

Provided that SAAs would approve courses under chapter 35 following the end of the Korean Conflict program.

88-361

7-7-64

Extended chapter 35 to the children of individuals with permanent and total disabilities resulting from service- connected disabilities due to active service during periods of war or induction periods and the children of individuals who died while disabilities so evaluated existed.  Extended the time that handicapped children had to pursue special restorative training.

89-222

9-30-65

Increased the chapter 35 rates.  

Provided the same basis for determining service-connection for individuals during induction periods as applies to individuals who suffered disabilities during periods of war.

89-349

11-8-65

Extended chapter 35 to the children of certain individuals who served in the Armed Forces before 9-16-40.


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3.06 EDUCATIONAL ASSISTANCE LAWS - VIETNAM ERA
(Change Date:  November 20, 2007)


Public Law No.

Date Enacted

Digest

89-358

3-3-66

Veterans' Readjustment Benefits Act of 1966.

Provided an educational assistance program to individuals serving after 1-31-55.  Required that individuals entitled to benefits under both chapter 31 and chapter 34 must elect which benefits to receive.

Subsequently codified in 38 U.S.C. chapter 34.

89-613

9-30-66

Extended chapter 35 to the children of Philippine Commonwealth Army veterans who died or became permanently and totally disabled due to World War II service.  Authorized payment of benefits in Philippine pesos equivalent to 50 cents for each dollar of allowance.

90-77

8-31-67

Veterans' Pension and Readjustment Assistance Act of 1967.

Increased chapter 34 and 35 rates and provided additional benefits for individuals with more than two dependents.

Authorized apprenticeship, farm cooperative, flight, and other on-the-job training.

Allowed individuals to pursue elementary and high school training with no charge to their chapter 34 entitlement.

Authorized yearly reporting fees to educational institutions with chapter 34 and 35 trainees. Extended age limit for chapter 35 children to age 26.

90-631

10-23-68

Provided one and a half months of chapter 34 entitlement for each month of active duty with 36 months of entitlement for 18 or more months of active duty.  Limited the maximum amount of entitlement under two or more educational programs to 48 months. 

Provided farm cooperative training on a 3/4 and 1/2 time basis and allowed required institutional courses to occur during 44 weeks of the year.

Extended chapter 35 to spouses of individuals who died of service-connected disabilities and spouses of individuals with permanent and total disabilities.

Changed payments to individuals in flight training from quarterly to monthly. 

Charged individuals taking correspondence training 1 month of entitlement for each $130 paid.

91-24

6-11-69

Extended the definition of chapter 35 children to include children over age 23.  Provided that the ending date for children of Philippines Commonwealth Army veterans and Philippine Scouts would not expire for 5 years beginning on 9-30-66.

91-219

3-26-70

Veterans' Education and Training Amendments Act of 1970.

Increased the chapter 34 and 35 rates.

Allowed VA to use the effective date of the rating or the notice of eligibility, whichever was to the advantage of the child or spouse, when establishing chapter 35 eligibility.  Required VA to notify the parents or guardians when children eligible for chapter 35 reach age 13.  Permitted chapter 35 training at less than 1/2 time. 

Reduced the number of semester hours required for full-time benefits.  Permitted VA to count noncredit deficiency hours when determining training time.  Permitted elementary and high school full-time measurement to be 4 units per year.

Provided that VA would act as the State Approving Agency (SAA) for apprenticeship programs offered by training establishments that were carriers directly engaged in interstate commerce and provided training in more than one State.

Required that an individual entering flight training have a private pilot's license.  Authorized flight training ancillary to the pursuit of another vocational endeavor.

Required VA to make initial payments to individuals upon receipt of enrollment certifications.  Required lump-sum payments to individuals in less than 1/2 time training.

Applied an education benefits duplication bar to individuals on active duty in the military or Public Health Service and federal employees receiving full salaries while training.

Created Predischarge Education Program (PREP) and special assistance programs for the educationally disadvantaged.  Expanded outreach services.

Prohibited payments to individuals enrolled in sales and sales management courses unless VA received certain justification.

91-584

12-24-70

Extended chapter 35 to the spouses and children of members of the Armed Forces, who are now and for a period of 90 days were listed by the Service Departments concerned as POWs, MIAs, or otherwise forcibly detained by foreign governments or powers.

Redefined "established charge."  Provided for reduction of apprenticeship and other on-the-job benefits to individuals who work less than 120 hours a month.

Provided that the effective date of increased benefits due to marriage or the birth or adoption of a child, would be the actual date if VA received proof within 1 year of the event. 

Recognized educational courses required by the Small Business Administration as programs of education.  

Permitted any portion of noncredit deficiency courses to be included when determining training time.

92-540

10-24-72

Vietnam Era Veterans' Readjustment Assistance Act of 1972.

Permitted alternative measurement of high school courses.  Allowed flexible scheduling of the institutional portion of farm cooperative programs.  Allowed payments for courses offered by an educational institution for more than 2 years, when the educational institution moved to a new location.  Required pro rata refund policies for accredited courses.  Restricted correspondence training. 

Authorized chapter 35 apprenticeship, foreign training, on-the-job training, and tutorial assistance.  Eliminated required counseling for children.  Eliminated entitlement charges for spouses in programs for the educationally disadvantaged.  Required lump-sum payments to chapter 35 recipients training on a less than 1/2 time basis. 

Removed dependency requirement for male spouses of female veterans.  Authorized apportionment of chapter 34 benefits and additional changes of program.  Provided for advance payments and prepayment of benefits.

Removed the "marked deficiency" requirement previously needed to be eligible for tutorial assistance.  Increased tutorial assistance to 9 months or $450, whichever was less.

Increased the work-study allowance and reporting fees.

93-208

12-28-73

Authorized VA to extend payments during the "energy crisis."

93-293

5-31-74

Provided a temporary 30-day delimiting date extension to individuals whose benefits ended on 6-1-74.

93-295

5-31-74

Authorized VA to appoint fiduciaries to receive chapter 35 benefits for children.

93-337

7-10-74

Extended the delimiting period from 8 to 10 years for Vietnam Era veterans and chapter 35 spouses. 

Provided for extending delimiting periods for Vietnam Era veterans who were captured or held as POWs by foreign governments or powers after their discharge or release from active duty.  Delimiting period was extended by the length of time the veteran was detained and any period following release during which the veteran was hospitalized at a military, civilian, or VA medical facility.

93-508

12-3-74

Vietnam Era Veterans' Readjustment Assistance Act of 1974.

Increased chapter 34 and 35 rates, tutorial assistance and the maximum amount payable, and work-study allowances.

Required educational institutions to show that 50 percent of the students graduating from vocational courses within the preceding 2 years were employed in the occupations for which students were trained.  Provided an alternative basis for measuring vocational training.

Permitted some active duty for training to qualify for purposes of earning entitlement.  Allowed up to 6 months of refresher training.  Provided up to 9 months of additional entitlement to undergraduates to complete their degrees.

Created an education loan program of up to $600 per academic year for individuals training at 1/2 time or greater.

Authorized VA to bar enrollments in courses with avocational advertising, sales, or recruiting practices.

Extended annual reporting fees to joint apprenticeship committees acting as training establishments.

Applied the 85-15 percent requirement to accredited educational institutions.

Authorized chapter 35 farm cooperative training.

93-602

1-1-75

Veterans' Education and Rehabilitation Equalization Amendments Act of 1974.

Increased chapter 34 and 35 rates so all categories received comparable increases.  Public Law 93-508 had different percent increases for some categories.


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3.07 EDUCATIONAL ASSISTANCE LAWS - POST VIETNAM ERA
(Change Date:  November 20, 2007)


Public Law No.

Date Enacted

Digest

94-502

10-15-76

Veterans' Education and Employment Assistance Act of 1976.

Increased rates effective 10-1-76.  Rates increased were the following: chapter 34 and 35 rates, tutorial assistance and the maximum amounts payable, SAA administrative allowances, and school reporting fees.  Did not change the monthly rate used to compute the entitlement charge for flight training.

Increased the maximum entitlement under chapters 34 and 35 from 36 to 45 months.

Allowed SAAs to be reimbursed for work by subcontractors.

Extended the period of eligibility for children from 5 to 8 years.  Permitted VA to extend chapter 35 ending dates by 12 weeks or to the end of the course, whichever was less, for educational institutions not operating on a term, quarter, or semester basis.  Eliminated ending date extensions due to processing time delays.

Allowed, effective 10-15-76, continuous payment for intervals between consecutive terms, quarters, or semesters when the educational institution certifies each term, quarter, or semester, provided that the interval periods are less than 1 full calendar month.  Allowed continuous payment of benefits for intervals between consecutive terms, quarters, or semesters when individuals transfer from one educational institution to another to pursue similar courses.

Increased the education loan amount to $292 times the months of remaining entitlement.  Increased the maximum education loan amount to $1,500.  Made interest charges comparable to loans under the Higher Education Act of 1965.

Defined "institution of higher learning" and "standard college degree."  Required educational institutions to make all student records and accounts available to government representatives.  Repealed the Attorney General's list of educational institutions.

Required VA to conduct a study of vocational courses with special attention given to the 50 percent employment report.  Study was due to Congress within 6 months of enactment.

Changed the title of chapter 35 from War Orphans' Educational Assistance to Survivors' and Dependents' Educational Assistance.

Permitted work-study recipients to complete work agreements after they ceased to be enrolled full time.

Allowed chapter 35 children beyond the legal age to submit applications on their own behalf.

Established standards and manpower requirements for annual compliance surveys.

Effective 11-1-76, terminated chapter 34 PREP.

Prohibited individuals, effective 12-1-76, from using the address of an attorney-in-fact as their address for the purpose of receiving VA benefit checks.

Established policy that VA would consider progress to be unsatisfactory if an individual was not progressing at a rate so as to graduate within the approved length of the course, unless there were mitigating circumstances.  Set the date of termination of benefits as the last date of pursuit.

Applied the 2-year rule of continuous operation to courses offered at branches or extensions of public and proprietary educational institutions.  Exempted courses given on or adjacent to military bases if restricted to individuals on active duty and their dependents.

Extended the 85-15 percent requirement to all courses except certain courses offered on or adjacent to military bases, courses for the educationally disadvantaged, and farm cooperative courses.  Authorized VA to waive the requirement.

Prohibited payments for auditing courses, for courses when the assigned grades are not used to meet graduation requirements, and for correspondence courses if the normal completion time is less than 6 months.

Reduced the number of clock hours required for full-time training for vocational courses.  Established additional conditions for approval of accredited courses.

Required educational institutions to maintain copies of all advertising, enrollment, and sales materials used during the preceding 12-month period.

Ended chapter 34, effective 1-1-77, for individuals entering active duty after 12-31-76, except under delayed enlistment programs.  Established 12-31-89 as the final cutoff date for individuals to use chapter 34 benefits.

Established 38 U.S.C. chapter 32, the Post-Vietnam Era Veterans' Educational Assistance Program (VEAP).  To be eligible, individuals must initially enter active duty after 12-31-76, and enroll and contribute from $50 to $75 a month up to a maximum of $2,700. Required individuals to serve continuously for more than 180 days and complete either 24 continuous months or the full period for which they were called or ordered to active duty, whichever was less.  Allowed individuals to disenroll at any time and receive full refunds of their contributions.  Required the government to match contributions on a 2-for-1 basis.  Allowed DoD to make additional contributions, or "kickers," to individuals in critical military fields and to encourage individuals to enlist or reenlist in the Armed Forces.

To receive benefits while on active duty, individuals must enter active duty after 12-31-76, contribute to chapter 32, and have at least 3 months of contributions available.  In addition, individuals must serve continuously for more than 180 days and complete the first obligated period of active duty or 6 years, whichever is less.

Required that individuals be discharged or released from active duty under other than dishonorable conditions.  Provided individuals with 10 years from the date of their last discharge or release from active duty to use their benefits.  Authorized VA to extend delimiting dates for physical and mental disabilities and subsequent periods of active duty.  Required VA to disenroll and refund any unused contributions to individuals who do not use their benefits during their eligibility periods.

Made individuals entitled to full-time monthly benefits or the equivalent in part-time training for the number of months they contributed, or for 36 months, whichever is less.

Modified advance payment provisions, effective 6-1-77.  Required individuals to specifically request advance payments.  Required VA to determine that educational institutions can satisfactorily carry out the advance payment provisions, and educational institutions to agree to receive advance payments.

Ended the prepayment of benefits.  Effective 6-1-77, regular monthly checks were payments for the preceding month rather than the current month.

94-584

10-21-76

Prohibited the payment of travel expenses for counseling required under chapter 34 or 35, except for veterans with service-connected disabilities.

95-126

10-8-77

Required DoD to establish uniform procedures and standards for use by Discharge Review Boards.

Specified that individuals must have their discharges reconsidered by the Discharge Review Board of jurisdiction in order to be eligible for VA benefits based on special upgraded discharges.  Required the Board to determine that the upgrades were authorized under the new uniform standards.

Revised definition of "discharge or release" in 38 U.S.C. 101(18) to ensure eligibility for individuals who satisfactorily completed the period of active service for which they were obligated at the time of entry.

Created a new statutory bar to benefits for individuals who were absent without authority for a continuous period of 180 days or more, and released with "other than honorable" discharges.

95-202

11-23-77

GI Bill Improvement Act of 1977.

Permitted 2-year rule waivers when they are in the best interests of individuals and the federal government.  Provided statutory authority to waive the 85-15 percent requirement for educational institutions when less than 35 percent of their students receive VA benefits.  Directed VA to send accrediting or licensing bodies evidence that educational institutions were not meeting the standards of these bodies.  Permitted VA to determine the reasonable alternative length of time for graduation in excess of the approved length of the course.

Specified that IHLs do not have to keep daily attendance records for any courses.  Reduced the number of clock hours of attendance required for full time for vocational courses offered by accredited educational institutions.  Limited the number of hours of supervised study that nonaccredited educational institutions could include in courses measured in clock hours.  Prohibited VA from offsetting reporting fees against the liability of educational institutions.

Made the work-study allowance equal to the minimum hourly wage.  Authorized work-study advance payments of 40 percent of allowance.  

Required written notification of discontinuance of benefits.

Raised the maximum education loan to $2,500.  Permitted  individuals to use their remaining entitlement after their delimiting dates to qualify for education loans under certain circumstances.  Authorized VA to waive the length restrictions for education loans to individuals pursuing Non-College Degree (NCD) courses requiring less than 6 months to complete.

Increased chapters 34 and 35 rates, tutorial assistance and the maximum amount payable, SAA administrative allowances, and reporting fees.

Established an accelerated program for individuals pursuing training in high cost educational institutions, under certain circumstances.

Permitted delimiting date extensions for individuals due to physical and mental disabilities.

Codified 5-7-75 as the ending date of the Vietnam Era. Provided more extensive VA counseling services.

95-476

10-18-78

Veterans' Housing Benefits Act of 1978.

Allowed VA to set education loan criteria for individuals attending high cost educational institutions.  Permitted shorter repayment periods for certain education loans.  Allowed VA to require minimum tuition and fees that individuals must pay to be eligible for loans.

96-342

9-8-80

Department of Defense Authorization Act, 1981.

Contained several education incentive programs to encourage individuals to enlist or reenlist in the Armed Forces.  VA administers two programs, sections 901 and 903, through an Interagency Agreement with DoD.  See paragraphs 3.02a (6) and (7).

96-449

10-14-80

Hostage Relief Act of 1980.  Provided education benefits to American citizens held hostage before January 1, 1981.  See paragraph 3.03d.

96-466

10-17-80

Veterans' Rehabilitation and Education Amendments of 1980.

Increased chapter 34 and 35 rates. 

Increased tutorial assistance and the maximum amount payable.

Eliminated the counseling requirement for children selecting other than standard college degree programs.  Limited Special Restorative Training to children eligible for chapter 35.

Allowed individuals with earlier periods of service who were ineligible for chapter 34 benefits to participate in chapter 32.  Limited the maximum amount of entitlement when combined with other VA education programs to 48 months.  Ended chapter 32 PREP and allowed enlisted individuals to pursue secondary level courses during the last 6 months of their first enlistment.

Simplified the 85-15 percent requirement by eliminating students receiving federal grants such as Basic Education Opportunity Grants and Supplemental Education Opportunity Grants from the computation.  Eliminated the completion rate as a standard of progress.

Required both students and educational institutions to promptly report unscheduled interruptions.  Limited payments to the actual period of pursuit.  Allowed monthly averaging of standard class sessions.  Clarified educational institution liability.

Simplified the chapter 32 death refund procedure.  Changed the minimum monthly contribution from $50 to $25 and the maximum monthly contribution from $75 to $100.  Allowed individuals on active duty to make lump-sum contributions, and the military may pay all or part of the contributions.

Revised the 50 percent employment report for vocational courses.  Required graduates working in occupations related to training to work an average of 10 hours per week in order to be considered employed in related occupations.  Allowed waiver of this requirement when certain conditions were met.

Removed the entitlement charge for individuals on active duty pursuing high school diploma or equivalency programs.  Limited payment to the single individual's institutional rate or the cost of tuition and fees, whichever was less.

Increased the maximum education loans to $342 times the number of months of remaining entitlement.

Reduced the reimbursement rate for correspondence training from 90 to 70 percent and the reimbursement rate for flight training from 90 to 60 percent.

Changed method of computing training time when combining resident training and independent study.

Limited the amount of benefit payable to incarcerated individuals.

97-35

8-13-81

Omnibus Budget Reconciliation Act of 1981.

Suspended new enrollments in flight training effective 9-30-81.  Allowed students continuously enrolled since 9-1-80, to continue to be reimbursed at the 90 percent rate.  Allowed students enrolled on 8-31-81, to receive benefits after 9-30-81, if they remained continuously enrolled.  Limited reimbursement to students enrolling after 8-31-81, to training completed before 10-1-81.

Reduced chapter 34 and 35 correspondence reimbursement rate to 55 percent effective 10-1-81.  Authorized VA to reimburse lessons completed and sent to correspondence schools before 10-1-81, at the 70 percent rate.  Allowed students in training on 9-1-80, to continue to be reimbursed at the 90 percent rate if they remained continuously enrolled.

Terminated education loans for periods after 9-30-81, except flight training loans (to students receiving 60 percent reimbursement) and post-delimiting date loans.

97-51

10-1-81

Continuing Appropriations for Fiscal Year 1982.

Eliminated payment for correspondence training to students who enrolled after 9-30-81.

97-66

10-17-81

Veterans' Disability Compensation, Housing, and Memorial Benefits Amendments of 1981.

Barred VA benefits to individuals who fail to complete at least 2 continuous years of active duty after 9-7-80, or the full period of their obligation, whichever is less.  Did not bar VA benefits to individuals who previously completed less than 2 years of active duty.  Did not apply to individuals who were discharged or released for service- connected disabilities, convenience of the government, hardship, disabilities incurred in or aggravated in line of duty, or were otherwise eligible for benefits due to service-connected disabilities or death.  Did not apply this provision to benefits provided before date of enactment.

Allowed the delimiting period to begin with the date of the VA finding if the veteran died before 12-12-68, and VA made the chapter 35 eligibility determination after 12-1-68.

Allowed waivers of the pro rata refund requirement if certain conditions were met and VA determined that the pro rata refund was an undue hardship.

97-72

11-3-81

Veterans' Health Care, Training, and Small Business Loan Act of 1981.

Allowed certain individuals eligible for chapter 34 with remaining entitlement after their delimiting dates to pursue apprenticeships, other on-job training, secondary education programs (for those without high school diplomas), or vocational courses from 1-1-82 to 12-31-83.

Required VA to determine that the individuals needed the programs to help obtain suitable employment.  Required VA to provide employment counseling to assist the individuals in getting suitable employment after completing training.

97-85

11-23-81

Continued to prohibit payments for correspondence training for individuals enrolling after 9-30-81.

97-101

12-23-81

Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1982.

Continued to prohibit payments for correspondence training for individuals eligible for chapter 34.  Lifted prohibition on payments for correspondence training for individuals eligible for chapter 32.

97-174

5-4-82

Veterans' Administration and Department of Defense Health Resources Sharing and Emergency Operations Act.

Removed prohibitions on payments for correspondence training effective 10-1-81.

97-253

9-8-82

Omnibus Budget Reconciliation Act of 1982.

Discontinued the "end-of-year" rule for reductions in compensation, DIC, education, and pension benefits due to a decrease in the number of dependents due to marriage, annulment, divorce, or death which occurred after 9-3-82.

Established the last day of the month in which the event occurred as the effective date of reduction.

97-258

9-13-82

Made technical changes to 38 U.S.C. chapter 32.

97-295

10-12-82

Made technical amendments to 38 U.S.C.  Set January 15th of each year as the due date for the joint report to Congress on chapter 32.

97-306

10-14-82

Veterans' Compensation, Education, and Employment Amendments of 1982.

Liberalized the targeted delimiting date extensions established by Public Law 97-72.  Required VA to approve claims unless VA determined that the individuals did not need the requested programs to reach reasonably stable employment situations.  Increased the maximum period for targeted extensions from 2 to 3 years.  Advanced the ending date of the program from 12-31-83 to 12-31-84.

Required VA to consider chapter 32 lump-sum contributions to be at the rate of $100 a month, rather than the former rate of $75 a month.

Required VA to charge entitlement for programs consisting entirely of independent study according to the rate of pursuit, but not to exceed less than 1/2 time.

Removed the payment restrictions for individuals incarcerated for other than felony convictions.

Repealed the 50 percent employment report for vocational courses.

Expanded VA authority to suspend benefits in certain cases.

Reduced the time limits to request waivers of indebtedness.

97-365

10-25-82

Required interest payments on all debts owed to the federal government (except those debts protected by statute) and imposed penalties on delinquent debtors.

Amended the Privacy Act of 1974.  Authorized the disclosure of the agency's records to consumer reporting agencies.

97-377

12-21-82

Section 156, also known as Restored Entitlement Program for Survivors (REPS) or the "Quayle Amendment."  Restored lost social security benefits to certain spouses and children.  See paragraph 3.02b(1).

98-45

7-12-83

Deleted $150 million to fund the job training program, due to the failure to enact the legislation.

98-77

8-15-83

Emergency Veterans' Job Training Act of 1983.

Created a new job program to assist unemployed veterans of the Korean Conflict (6-27-50 through 1-31-55) and Vietnam Era (8-5-64 through 5-7-75). 

Provided eligibility criteria of being unemployed for 15 of 20 weeks immediately before applying.  Provided eligible individuals with a maximum of 9 months of assistance.  Provided eligible individuals, rated 10 or 20 percent with serious employment handicaps or 30 percent or more for service-connected disabilities, with a maximum of 15 months of assistance.

Paid the employers an amount equal to 50 percent of the individual's wages, up to a maximum of $10,000 per trainee.  Paid employers quarterly except for small businesses and those requesting monthly payments.

Required that training programs be a minimum of 6 months long.  Allowed VA to approve programs between 3 and 6 months under certain circumstances.  Required programs to offer training in occupations in growth industries, industries where the demand for labor exceeds the supply, or those requiring the use of new technological skills.

Permitted VA to extend delimiting dates for individuals pursuing associate degrees that were predominantly vocational in content.

98-151

11-14-83

Appropriated $75 million for the first fiscal year of the Emergency Veterans' Job Training Act (EVJTA ).  Provided that remaining funds would be contained in a fiscal year 1984 supplemental appropriation.

Limited to $25 million the amount that may be transferred for payments authorized for delimiting date extensions.

98-160

11-21-83

Veterans' Health Care Amendments of 1983.

Contained technical amendments to 38 U.S.C. chapters 32, 34 and 35, and EVJTA.

98-181

11-30-83

Appropriated $75 million in supplemental funds to implement EVJTA.  Directed VA to verify employment and training of participants to ensure compliance with the administrative provisions of the program.  Authorized VA to use $1 million of it's General Operating Expenses to evaluate the job training program.  Required the study to compare employment and training data with other VA benefit statistics.

98-223

3-2-84

The Veterans' Compensation and Program Improvements Amendments of 1984.

Limited individuals eligible for section 901 and 903 of Public Law 96-342 to a maximum of 48 months of entitlement if they are eligible for the Hostage Relief Act of 1980 or other programs administered by VA.

Prohibited individuals from receiving benefits concurrently under two or more education benefit programs for the same program of education.  Did not prohibit individuals from receiving benefits concurrently under two or more education benefit programs for different programs of education.

Limited payments of educational assistance to chapter 35 students pursuing high school training to the full-time institutional rate or the cost of tuition and fees, whichever was less.

Authorized certain individuals to make irrevocable elections between chapters 32 and 34.

98-525

10-19-84

Department of Defense Authorization Act, 1985.

Established 38 U.S.C. chapter 30, the All-Volunteer Force Educational Assistance Program.  Required eligibility criteria of entering active duty between 7-1-85, and 6-30-88.  Reduced their basic pay by $100 a month for 12 consecutive months, unless they elected not to participate.

Required individuals to receive honorable discharges to be eligible.  Provided individuals with 10 years from the date of their last discharge or release from active duty to use their benefits.  Made delimiting dates based upon upgraded discharges 10 years from the date of the decision.  Authorized individuals discharged for convenience of the government after serving 20 months of 2-year enlistments and 30 months of 3-year enlistments to receive 36 months of basic assistance.  Authorized individuals discharged or released for service-connected disabilities or hardship to receive 1 day of basic assistance for each day served on active duty after 7-1-85.  Allowed VA to extend delimiting dates for former MIAs or POWs by the amount of time they were detained.  Allowed delimiting date extensions for physical and mental disabilities.

Limited the maximum amount of entitlement for individuals entitled under two or more education programs to 48 months.

Limited benefits to IHL and NCD programs.  Authorized DoD to permit leaves of absence to pursue training.

Authorized payment of a full-time monthly benefit of $300 for 36 months to individuals completing 3 or more years of active duty or 2 years of active duty and 4 years in the Selected Reserve.  Authorized payment of a full-time monthly benefits of $250 to individuals completing 2 years of active duty.  Limited individuals on active duty to the amount of basic assistance otherwise payable based upon the training time or the charges for tuition and fees, whichever is less.

Extended eligibility to individuals eligible for chapter 34 on 12-31-89.  Required continuous service from 12-31-76 to 6-30-85.  Did not reduce their basic pay.  Authorized these individuals to receive the basic assistance plus 1/2 of the amount they would have received under chapter 34, including an additional amount for dependents.

Authorized "kickers" for individuals with critical military skills.  Limited "kickers" to $400 a month for basic assistance or $300 monthly for supplemental assistance. Authorized supplemental benefits up to $300 a month for 5 or more years of continuous active duty.

Barred service academy and ROTC scholarship program (10 U.S.C. 2107) graduates who were commissioned as officers after 12-31-76.

Revised the existing 10 U.S.C. chapter 106, Educational Assistance for Members of the Selected Reserve program.

Transferred program administration responsibility to VA.  Provided educational benefits to members of the Selected Reserve.

Required members to enlist, reenlist, or extend their enlistments for 6 years between 7-1-85 and 6-30-88, be high school graduates, and complete their initial periods of active duty training and 180 days of service.  Barred members who fail to satisfactorily participate in the Selected Reserve, those who completed the requirements for a bachelors degree or its equivalent, and those receiving financial assistance under ROTC scholarship programs (10 U.S.C. 2107).

Ended eligibility 10 years after the date eligibility began or the date of separation from the Selected Reserve, whichever was earlier.  Authorized VA to extend delimiting dates for physical or mental disabilities

Limited benefits to standard college degrees programs and NCD programs at IHLs.  Set full-time rate of $140 per month for 36 months.   Prohibited less than 1/2 time training.

Limited the maximum entitlement to 48 months for members entitled to chapter 106 and other VA programs. Prohibited dual eligibility if chapter 30 eligibility is based upon active duty and duty in the Selected Reserve.  Permitted dual eligibility if the chapter 30 eligibility is based solely on active duty. Prohibited members from receiving concurrent benefits for pursuit of the same program.

Terminated new enrollments in chapter 32 from 7-1-85 to 6-30-88.  Required individuals to enroll in and contribute to chapter 32 before 7-1-85.

98-543

10-24-84

The Veterans' Benefits Improvement Act of 1984.

Extended, effective 10-25-84, the expiration dates of EVJTA Certificates of Eligibility from 60 to 90 days after issuance.  Required individuals to initially apply before 2-28-85.  Allowed employers to be reimbursed for training programs beginning before 9-1-85.  Made all amounts committed to employers available for reimbursement until 9-30-87.

Increased chapters 34 and 35 rates, tutorial assistance and the maximum amount payable, and the monthly rate used to determine eligibility for education loans, but did not change the monthly rate used to compute entitlement charges for flight training.

Repealed the report to Congress on deceptive advertising practices.

99-108

9-30-85

Amended EVJTA by extending the last date to begin training from 9-1-85 to 7-1-86.

99-145

11-8-85

Provided that individuals eligible for chapter 34 would be eligible for chapter 30 if they served on active duty after 6-30-85, for at least 3 continuous years.

99-177

12-12-85

The Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm/Rudman/Hollings).

Required an increase in the public debt ceiling and a balanced federal budget by fiscal year 1991.  Required budget goals for each fiscal year to reduce deficit from the fiscal year 1985 level to zero by fiscal year 1991.

(Sequestered funds by executive order to meet specified reductions.  Reduced nonexempt nondefense programs by 4.3 percent.  Ordered fiscal year 1986 funds restricted effective 3-1-86.  Reduced chapters 34 and 35 benefits by 8.7 percent for payments obligated from 3-1-86 to 9-30-86.)

99-238

1-13-86

Veterans' Compensation Rate Increase and Job Training Amendments of 1985.

Changed name of the Emergency Veterans' Job Training Act of 1983 to the Veterans' Job Training Act (VJTA).  Reduced, effective 2-1-86, the period of unemployment from 15 of 20 weeks to 10 of 15 weeks immediately before applying.  Required individuals to initially apply before 1-31-87, and to enter training before 7-31-87. Authorized $65 million for fiscal year 1986.  Made the money available through fiscal year 1988.  Continued participation for 18 months after funds became available. 

Authorized assistance to be paid within 1 year of date funds appropriated.  Required legislation to fund program.  Required DOL to periodically contact individuals in training to avoid unnecessary terminations of employment, and to refer them to appropriate counseling.  Required VA to maximize benefits to individuals eligible for chapter 31 and job training.

99-349

7-2-86

The Urgent Supplemental Appropriations Act, 1986.

Provided $35 million for VJTA.  Released funds on 7-3-86.  Resulted in revised ending dates.  Required individuals to apply before 7-2-87, and to enter training before 1-2-88.

99-399

8-27-86

Omnibus Diplomatic Security and Antiterrorism Act of 1986.

Provided benefits to certain former captives who were employees of the U.S. government.  See paragraph 3.02a(8).

99-576

10-28-86

The Veterans' Benefits Improvement and Health-Care Authorization Act of 1986.

Required individuals eligible for chapter 34 on 12-31-89, who did not have continuous service from 12-31-76 to 6-30-85, to reenter active duty before 10-19-84, and continue without a break in active duty through 6-30-85 to be eligible for chapter 30.  Required individuals to serve the required period of active duty after 6-30-85 unless discharged or released for convenience of the government, hardship, or service-connected disabilities.  Reduced the 10-year delimiting periods of these individuals by the time they were not on active duty between 1-1-77 and 10-18-84.

Barred individuals on active duty from receiving chapter 30 benefits for training before 1-1-90.

Required continuous active duty to be eligible for chapter 30 based on discharges for convenience of the government.  For individuals discharged for convenience of the government or hardship, the period for computing entitlement begins on the date they entered active duty, or for those eligible for chapter 34, on 7-1-85.

Authorized VA to extend the 10-year period of eligibility for individuals eligible for chapter 32 who suffered disabilities that were not the result of their own willful misconduct. Required automatic disenrollment if entitlement was not exhausted within the delimiting period as extended.

Prohibited concurrent receipt of benefits under 38 U.S.C. chapters 30, 31, 32, or 35, 10 U.S.C. chapters 106 or 107, or the Hostage Relief Act of 1980.

Prohibited members of the Selected Reserve from receiving credit for such service under both chapters 30 and 106.

Established ending date for chapter 32.  To be eligible, individuals must enter active duty before 7-1-85, and begin making contributions before 4-1-87.  Allowed individuals who received refunds or suspended contributions to reopen their accounts or resume contributions at any time.

Required NCD programs offered by fully accredited IHLs to be measured on a credit-hour basis if a majority of the total credits required for the programs are derived from unit courses offered by the educational institutions as part of programs leading to standard college degrees.

Removed the requirement for chapter 35 children to have education plans.  Permitted chapter 35 spouses to elect the most favorable beginning date of eligibility, either the date of eligibility or the date of notification.

Precluded VA from requiring term-by-term certifications of enrollment.  Allowed educational institutions to delay certifying enrollments until the end of the term, quarter, or semester for independent study courses pursued on a less than 1/2 time basis.

Required that individuals rated incompetent by VA must be provided with counseling before selecting programs of education or training.

Authorized chapters 30 and 32 and section 903 benefits to permit apprenticeship and other on-job training.

Provided that after 12-31-85, the amount that when an individual's basic pay is reduced for chapter 30 is not under the control of the individual.  Permitted chapter 30 advance payments.

Authorized VA, by regulation, to determine and define enrollment in, pursuit of, and attendance at, any chapter 30 program of education.  Allowed VA to withhold payments pending receipt of required certifications.

Exempted, for fiscal year 1987, chapter 35 from sequestration under Public Law 99-177, the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm/Rudman/ Hollings).

Required VA to make payments to individuals in training less than 1/2 time not later than the last day of the month following the month in which certifications are received.

Authorized DoD to require individuals to serve additional periods of active duty or serve in the Selected Reserve to be eligible for chapter 30 supplemental assistance.

Established a Commission on Veterans' Education Policy to report to the Administrator and Congress on education programs. Authorized chapter 30 correspondence training at 55 percent reimbursement.

Included chapter 30 within the purview of the Administrator's Advisory Committee.

Authorized work-study for chapters 30 and 32.

100-48

6-1-87

The New G.I. Bill Continuation Act.

Changed the name of the New G.I. Bill to the Montgomery G.I. Bill - Active Duty Educational Assistance Program.

Made chapter 30 and 106 programs permanent by removing the ending dates by which individuals had to enter active duty for chapter 30 or enlist, reenlist, or extend their enlistments for 6 years in the Selected Reserve for chapter 106.

Restated the purpose of chapter 30 to include extending the benefits of higher education to those who might not otherwise be able to afford it, to provide for vocational readjustment, and to restore lost educational opportunities to those who served on active duty after 6-30-85, and to  enhance the Nation's competitiveness through the development of a more highly educated and productive work force.

100-71

7-11-87

The Supplemental Appropriations Act, 1987.

Included an additional $30 million for VJTA.