§ 3034. Program administration

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Veterans’ Educational Assistance Act of 1984

   Pub. L. 98–525 title VII § 702(a)(1) · 98 Stat. 2492

   Enacted · 38 U.S.C. § 3034

   Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2562, § 1434

   Source evidence

   Code source credit
   Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2562, § 1434

   Enacted provision · exact public law section
   (1) Title 38, United States Code, is amended by inserting before chapter 31 the following new chapter: “CHAPTER 30— ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM “SUBCHAPTER I— PURPOSES; DEFINITIONS “Sec. “1401. Purposes. ‘1402. Definitions. “SUBCHAPTER II— BAS1C EDUCATIONAL ASSISTANCE “1411. Basic educational assistance entitlement for service on active duty. “1412. Basic educational assistance entitlement for service in the Selected Reserve. “1413. Duration of basic educational assistance. “1414. Payment of basic educational assistance. “1415. Amount of basic educational assistance. “1416. Inservice enrollment in a program of education. “SUBCHAPTER III— SUPPLEMENTAL EDUCATIONAL ASSISTANCE “1421. Supplemental educational assistance for additional service. “1422. Amount of supplemental educational assistance. “1423. Payment of supplemental educational assistance under this chapter. “SUBCHAPTER IV— TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; GENERAL AND ADMINISTRATIVE PROVISIONS “1431. Time limitation for use of eligibility and entitlement. “1432. Limitation on educational assistance for certain individuals. “1433. Bar to duplication of educational assistance benefits. “1434. Program administration. “1435. Allocation of administration and of program costs. “1436. Reporting requirement. “Subchapter I— Purposes; Definitions “§ 1401. Purposes “The purposes of this chapter are— “(1) to provide a new educational assistance program to assist in the readjustment of members of the Armed Forces to civilian life after their separation from military service; “(2) to promote and assist the All-Volunteer Force program and the Total Force Concept of the Armed Forces by establishing a new program of educational assistance based upon service on active duty or a combination of service on active duty and in the Selected Reserve (including the National Guard) to aid in the recruitment and retention of highly qualified personnel for both the active and reserve components of the Armed Forces; and “(3) to give special emphasis to providing educational assistance benefits to aid in the retention of personnel in the Armed Forces. “§ 1402. Definitions “For the purposes of this chapter— “(1) The term ‘basic educational assistance’ means educational assistance provided under subchapter II of this chapter. “(2) The term ‘supplemental educational assistance’ means educational assistance provided under subchapter III of this chapter. “(3) The term ‘program of education’ has the meaning given such term in section 1652(b) of this title. “(4) The term ‘Selected Reserve’ means the Selected Reserve of the Ready Reserve of any of the reserve components (including the Army National Guard of the United States and the Air National Guard of the United States) of the Armed Forces, as required to be maintained under section 268(b) of title 10. “(5) The term ‘Secretary’ means the Secretary of Defense with respect to members of the Armed Forces under the jurisdiction of the Secretary of a military department and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy. “(6) 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) 10 USC 511. 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. “Subchapter II— Basic Educational Assistance “§ 1411. Basic educational assistance entitlement for service on active duty “(a) Except as provided in subsection (c) of this section each individual— “(1) who— “(A) during the period beginning on July 1, 1985, and ending on June 30, 1988, first becomes a member of the Armed Forces or first enters on active duty as a member of the Armed Forces and— “(i) who (I) serves at least three years of continuous active duty in the Armed Forces, or (ID in the case of an individual whose initial period of active duty is less than three years, serves at least two years of continuous active duty in the Armed Forces; or “(ii) who serves in the Armed Forces and is discharged or released from active duty (I) for a service-connected disability or for hardship, or (II) for the convenience of the Government, in the case of an indi-vidual who completed not less than 20 months of active duty, if the initial obligated period of active duty of the individual was less than three years, or in the case of an individual who completed not less than 30 months of active duty if the initial obligated period of active duty of the individual was at least three years; or “(B) as of December 31, 1989, is eligible for educational assistance benefits under chapter 34 of this title and without 38 USC 1651 et seq. a break in service on active duty since December 31, 1976, and— “(i) after June 30, 1985, serves at least three years of continuous active duty in the Armed Forces; or “(ii) after June 30, 1985, is discharged or released from active duty (I) for a service-connected disability or for hardship, or (II) for the convenience of the Government, if the individual completed not less than 30 months of active duty after that date; “(2) who, before completion of the service described in clause (1) of this subsection, has received a secondary school diploma (or an equivalency certificate); and “(3) who, after completion of the service described in clause (1) of this subsection— “(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; “(B) continues on active duty; or “(C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service; is entitled to basic educational assistance under this chapter. “(b) The basic pay of any individual described in subsection (a)(1)(A) of this section who does not make an election under subsection (c)(1) of this section shall be reduced by $100 for each of the first 12 months that such individual is entitled to such pay. Amounts withheld from basic pay under this subsection shall revert to the Treasury. “(c) (1) An individual described in subsection (a)(1)(A) of this section may make an election not to receive educational assistance under this chapter. Any such election shall be made at the time the individual initially enters on active duty as a member of the Armed Forces. Any individual who makes such an election is not entitled to educational assistance under this chapter. “(2) An individual who after December 31, 1976, receives a commission as an officer in the Armed Forces upon graduation from the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the Coast Guard Academy or upon completion of a program of educational assistance under section 2107 of title 10 is not eligible for educational assistance under 10 USC 2107. this section. “§ 1412. Basic educational assistance entitlement for service in the Selected Reserve “(a) Except as provided in subsection (c) of this section, each individual— “(1) who— “(A) during the period beginning on July 1, 1985, and ending on June 30, 1988, first becomes a member of the Armed Forces or first enters on active duty as a member of the Armed Forces and— “(i) serves at least two years of continuous active duty in the Armed Forces characterized by the Secretary concerned as honorable service; and “(ii) subject to subsection (b) of this section and after completion of the service on active duty described in subclause (i) of this clause, serves at least four years of continuous duty in the Selected Reserve during which the individual participates satisfactorily in training as required by the Secretary concerned; or “(B) as of December 31, 1989, is eligible for educational 38 USC 1651 et seq. assistance under chapter 34 of this title and without a break in service on active duty since December 31, 1976, and— “(i) after June 30, 1985, serves at least two years of continuous active duty in the Armed Forces characterized by the Secretary concerned as honorable service; and “(ii) after June 30, 1985, subject to subsection (b) of this section and after completion of such two years of service, serves at least four continuous years in the Selected Reserve during which the individual participates satisfactorily in training as prescribed by the Secretary concerned; “(2) who, before completion of the service described in clause (1) of this subsection, has received a secondary school diploma (or an equivalency certificate); and “(3) who, after completion of the service described in clause (1) of this subsection— “(A) is discharged from service with an honorable discharge, is placed on the retired list, or is transferred to the Standby Reserve or an element of the Ready Reserve other than the Selected Reserve after service in the Selected Reserve characterized by the Secretary concerned as honorable service; or “(B) continues on active duty or in the Selected Reserve; is entitled to basic educational assistance under this chapter. “(b) (1) The requirement of four years of service under clauses (1)(A)(ii) and (1)(B)9ii) of subsection (a) of this section is not applicable to an individual who is discharged or released from service in the Selected Reserve for a service-connected disability, for hardship, or (in the case of an individual discharged or released after three and one-half years of service) for the convenience of the Government. “(2) Continuity of service of a member in the Selected Reserve for purposes of such clauses shall not be considered to be broken— “(A) by any period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not able to locate a unit of the Selected Reserve of the member’s Armed Force that the member is eligible to join or that has a vacancy; or “(B) by any other period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not attached to a unit of the Selected Reserve that the Secretary concerned, pursuant to regulations, considers to be inappropriate to consider for such purpose. “(c) The basic pay of any individual described in subsection (a)(1)(A) of this section who does not make an election under subsection (d)(1) of this section shall be reduced by $100 for each of the first 12 months that such individual is entitled to such pay. Amounts withheld from basic pay under this paragraph shall revert to the Treasury. “(d) (1) An individual described in subsection (a)(1)(A) of this section may make an election not to receive educational assistance under this chapter. Any such election shall be made at the time the individual initially enters on active duty as a member of the Armed Forces. Any individual who makes such an election is not entitled to educational assistance under this chapter. “(2) An individual who after December 31, 1976, receives a commission as an officer in the Armed Forces upon graduation from the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the Coast Guard Academy or upon completion of a program of educational assistance under section 2107 of title 10 is not eligible for educational assistance under 10 USC 2107. this section. “§ 1413. Duration of basic educational assistance “(a) (1) Subject to section 1795 of this title and except as provided in paragraph (2) of this subsection, each individual entitled to basic educational assistance under section 1411 of this title is entitled to Ante, p. 2554. 36 months of educational assistance benefits under this chapter (or the equivalent thereof in part-time educational assistance). “(2) In the case of an individual described in section 1411(a)(1)(A)(ii)(I) of this title who is not also described in section 141 l(a)(1)(A)(i) of this title or an individual described in section 141 l(a)(1)(B)(ii)(I) of this title who is not also described in section 141 l(a)(1)(B)(i) of this title, the individual is entitled to one month of educational assistance benefits under this chapter for each month of active duty served by such individual. “(b) Subject to section 1795 of this title and subsection (c) of this section, each individual entitled to basic educational assistance under section 1412 of this title is entitled to (1) one month of educational assistance benefits under this chapter for each month of Ante, p. 2555. active duty served by such individual, and (2) one month of educational assistance benefits under this chapter for each four months served by such individual in the Selected Reserve (other than any month in which the individual served on active duty). “(c) No individual may receive basic educational assistance benefits under this chapter for a period in excess of 36 months (or the equivalent thereof in part-time educational assistance). “§ 1414. Payment of basic educational assistance “The Administrator shall pay to each individual entitled to basic educational assistance who is pursuing an approved program of education a basic educational assistance allowance to help meet, in part, the expenses of such individual’s subsistence, tuition, fees, supplies, books, equipment, and other educational costs. “§ 1415. Amount of basic educational assistance “(a) Subject to section 1432 of this title and except as otherwise Post, p. 2561. provided in subsections (b) and (c) of this section, a basic educational assistance allowance under this subchapter shall be paid— “(1) at the monthly rate of $300 for an approved program of education pursued on a full-time basis; or “(2) at an appropriately reduced rate, as determined under regulations which the Administrator shall prescribe, for an approved program of education pursued on less than a full-time basis. “(b) In the case of an individual entitled to an educational assistance allowance under section 1411 of this title and whose initial obligated period of active duty is two years, a basic educational assistance allowance under this chapter shall be paid— “(1) at the monthly rate of $250 for an approved program of education pursued on a full-time basis; or “(2) at an appropriately reduced rate, as determined under regulations which the Administrator shall prescribe, for an approved program of education pursued on less than a full-time basis. “(c) In the case of an individual who has a skill or specialty designated by the Secretary concerned as a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit, the Secretary concerned, pursuant to regulations to be prescribed by the Secretary, may increase the rate of the basic educational assistance allowance applicable to such individual to such rate in excess of the rate prescribed under subsections (a) and (b) of this section as the Secretary considers appropriate, but the amount of any such increase may not exceed $400 per month. “(d) (1) Subject to paragraph (2) of this subsection, in the case of an individual who on December 31, 1989, was entitled to educational 38 USC 1651 et seq. assistance under chapter 34 of this title, the rate of the basic educational assistance allowance applicable to such individual under this chapter shall be increased by the amount equal to one-half of the educational assistance allowance that would be applicable to such individual under such chapter 34 (as of the time the assistance under this chapter is provided and based on the rates in effect on December 31, 1989) if such chapter were in effect. “(2) The number of months for which the rate of the basic educational assistance allowance applicable to an individual is increased under paragraph (1) of this subsection may not exceed the number of months of entitlement to educational assistance under chapter 34 of this title that the individual had remaining on December 31, 1989. “§ 1416. Inservice enrollment in a program of education “A member of the Armed Forces who has completed at least two years of service on active duty after June 30, 1985, has continued on active duty or in the Selected Reserve without a break in Ante, p. 2555. Ante, p. 2554. service (except as described in section 1412(b)(2) of this title), and who but for section 1411(a)(1) or 1412(a)(1) of this title would be eligible for basic educational assistance may receive educational assistance under this chapter for enrollment in an approved program of education while continuing to perform the duty described in section 1411(a)(1) or 1412(a)(1) of this title. “Subchapter III— Supplemental Educational Assistance “§ 1421. Supplemental educational assistance for additional service “(a) The Secretary concerned, pursuant to regulations to be prescribed by the Secretary, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 1411 of this title who— “(1) serves five or more consecutive years of active duty in the Armed Forces in addition to the years of active duty counted under section 1411(a)(1) of this title without a break in such service; and “(2) after completion of the service described in clause (1) of this subsection— “(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; “(B) continues on active duty without a break in service; or “(C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service. “(b) The Secretary concerned, pursuant to regulations to be Regulations. prescribed by the Secretary, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 1412 of this title who— Ante, p. 2555. “(1) serves two or more consecutive years of active duty in the Armed Forces in addition to the years of active duty counted under section 1412(a)(1) of this title and four or more consecutive years of duty in the Selected Reserve in addition to the years of duty in the Selected Reserve counted under such section without a break in service; and “(2) after completion of the service described in clause (1) of this subsection— “(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; or “(B) continues on active duty or in the Selected Reserve. “(c) Continuity of service of a member in the Selected Reserve for purposes of subsection (b)(1) of this section shall not be considered to be broken— “(1) by any period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not able to locate a unit of the Selected Reserve of his Armed Force that the member is eligible to join or that has a vacancy; or “(2) by any other period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not attached to a unit of the Selected Reserve that the Secretary concerned, pursuant to regulations, considers to be inappropriate to consider for such purpose. “(d) A period of active duty or duty in the Selected Reserve that occurs before the period of duty by which the individual concerned qualifies for basic educational assistance may not be counted for purposes of this section. “§ 1422. Amount of supplemental educational assistance “(a) Subject to section 1432 of this title and except as otherwise Post, p. 2561. provided under subsection (b) of this section, supplemental educational assistance under section 1421 of this title shall be paid— Ante, p. 2558. “(1) at a monthly rate of $300 for an approved program of education pursued on a full-time basis; or “(2) at an appropriately reduced rate, as determined under regulations which the Administrator shall prescribe, for an approved program of education pursued on less than a full-time basis. “(b) In the case of a member of the Armed Forces for whom the Regulations. Secretary concerned has provided for the payment of supplemental educational assistance who has a skill or specialty designated by the Secretary concerned, pursuant to regulations to be prescribed by the Secretary, as a skill or specialty in which there is a critical shortage of personnel, the Secretary concerned, pursuant to such regulations, may increase the rate of the supplemental educational assistance allowance applicable to such individual to such rate in excess of the rate prescribed under subsection (a) of this section as the Secretary concerned considers appropriate, but the amount of any such increase may not exceed $300 per month. “§ 1423. Payment of supplemental educational assistance under this subchapter “The Administrator shall increase the monthly basic educational assistance allowance paid to an individual who is entitled to supplemental educational assistance under this subchapter by the monthly amount of the supplemental educational assistance to which the individual is entitled. “Subchapter IV— Time Limitation for Use of Eligibility and Entitlement; General and Administrative Provisions “§ 1431. Time limitation for use of eligibility and entitlement “(a) Except as provided in subsections (b) through (d) of this section, the period during which an individual entitled to educational assistance under this chapter may use such individual’s entitlement expires at the end of the 10-year period beginning on (1) the date of such individual’s last discharge or release from active duty, or (2) the last day on which such individual becomes entitled to such assistance, whichever is later. “(b) In the case of any eligible individual who has been prevented, as determined by the Administrator, from pursuing a program of education under subchapter II or III of this chapter within the 10-year period prescribed by subsection (a) of this section because such individual had not met the nature of discharge requirement of such subchapter before (1) the nature of such individual’s discharge or release was changed by appropriate authority, or (2) with respect to educational assistance under subchapter II of this chapter, the Administrator determined, under regulations prescribed by the Administrator, that such discharge or release was under conditions Ante, pp. 2554, 2555. described in section 141 l(a)(3) or 1412(a)(3) of this title, such 10-year period shall not run during the period of time that such individual was so prevented from pursuing such program of education. “(c) In the case of an individual eligible for educational assistance under the provisions of this chapter who, after such individual’s last discharge or release from active duty, was detained by a foreign government or power, the 10-year period described in subsection (a) of this section shall not run (1) while such individual is so detained, or (2) during any period immediately following such individual’s release from such detention during which such individual is hospitalized at a military, civilian, or Veterans’ Administration medical facility. “(d) In the case of an individual eligible for educational assistance under this chapter— “(1) who was prevented from pursuing such individual’s chosen program of education before the expiration of the 10-year period for use of entitlement under this chapter otherwise applicable under this section because of a physical or mental disability which was not the result of the individual’s own willful misconduct, and “(2) who applies for an extension of such 10-year period within one year after (A) the last day of such period, or (B) the last day on which such individual was so prevented from pursuing such program, whichever is later, such 10-year period shall not run with respect to such individual during the period of time that such individual was so prevented from pursuing such program and such 10-year period will again begin running on the first day following such individual’s recovery from such disability on which it is reasonably feasible, as determined under regulations which the Administrator shall prescribe, for such individual to initiate or resume pursuit of a program of education with educational assistance under this chapter. “(e) (1) If an individual eligible for educational assistance under this chapter is enrolled under this chapter in an educational institution regularly operated on the quarter or semester system and the period of such individual’s entitlement under this chapter would, under this section, expire during a quarter or semester, such period shall be extended to the end of such quarter or semester. “(2) If an individual eligible for educational assistance under this chapter is enrolled under this chapter in an educational institution regularly operated on the quarter or semester system and the period of such individual’s entitlement under this chapter would, under this section, expire after a major portion of the course is completed, such period shall be extended to the end of the course or for 12 weeks, whichever is the lesser period of extension. “1432. Limitation on educational assistance for certain individuals “(a) In the case of an individual entitled to educational assistance under this chapter who is pursuing a program of education— “(1) while on active duty; or “(2) on less than a half-time basis, the amount of the monthly educational assistance allowance payable to such individual under this chapter is the amount determined under subsection (b) of this section. “(b) The amount of the educational assistance allowance payable to an individual described in subsection (a) of this section is the lesser of (1) the amount of the educational assistance allowance otherwise payable to such individual under this chapter, or (2) the established charges for tuition and fees that the educational institution involved requires similarly circumstanced nonveterans enrolled in the same program to pay. “§ 1433. Bar to duplication of educational assistance benefits “(a) (1) An individual entitled to educational assistance under a program established by this chapter who is also eligible for educational assistance under a program under chapter 31, 34, or 35 of this title or under chapter 106 or 107 of title 10 may not receive 38 USC 1500 et seq.; 1651 et seq.; 1700 et seq.: post, p. 2564; 10 USC 2141 et seq. assistance under both programs concurrently but shall elect (in such form and manner as the Administrator may prescribe) under which program to receive educational assistance. “(2) An individual entitled to educational assistance under chapter 34 of this title may not receive assistance under this chapter 38 USC 1651 et seq. before January 1, 1990. “(b) A period of service counted for purposes of repayment under section 902 of the Department of Defense Authorization Act, 1981 (10 U.S.C. 2141 note), of an education loan may not also be counted for purposes of entitlement to educational assistance under this chapter. “(c) An individual who is entitled to educational assistance under Post, p. 2564. Ante, p. 2555. chapter 106 of title 10 may not also receive educational assistance under this chapter based on entitlement under section 1412 of this title. “§ 1434. Program administration “(a) Except as otherwise provided in this chapter, the provisions of sections 1663, 1670, 1671, 1673, 1674, 1676, 1682(g), and 1683 of this title and the provisions of subchapters I and II of chapter 36 of this 38 USC 1770, 1780. title (with the exception of sections 1777, 1780(a)(5), 1780(b), 1786, 1787, and 1792 of such chapter) shall be applicable to the provision of educational assistance under this chapter. The term ‘eligible veteran’, as used in those provisions, shall be deemed to include an individual who is eligible for educational assistance under this chapter. “(b) An educational assistance allowance for any period may not be paid to an individual enrolled in or pursuing a program of education under this chapter until the Administrator has received— “(1) from such individual a certification as to such individual’s actual attendance during such period; and “(2) from the educational institution a certification, or an endorsement of the individual’s certificate, that such individual was enrolled in and pursuing a program of education during such period. “(c) Regulations prescribed by the Secretary of Defense under this chapter shall be uniform for the Armed Forces under the jurisdiction of the Secretary of a military department. “§ 1435. Allocation of administration and of program costs “(a) Except to the extent otherwise specifically provided in this chapter, the educational assistance programs established by Ante, p. 2554. this chapter shall be administered by the Veterans’ Administration. “(b) (1) Except to the extent provided in paragraph (2) of this subsection, payments for entitlement earned under subchapter II of this chapter shall be made from funds appropriated to, or otherwise available to, the Veterans’ Administration for the payment of readjustment benefits. “(2) Payments for entitlement earned under subchapter II of this chapter that is established under section 1415(c) of this title at a rate in excess of the rate prescribed under section 1415(a) of this title shall, to the extent of that excess, be made from the Department of Defense Education Benefits Fund established under section Post, p. 2568. 2006 of title 10 or from appropriations made to the Department of Transportation, as appropriate. “(c) Payments for educational assistance provided under subchapter III of this chapter shall be made from the Department of Defense Education Benefits Fund established under section 2006 of title 10 or from appropriations made to the Department of Transportation, as appropriate. “(d) Funds for the payment by the Administrator of benefits under this chapter that are to be paid from the Department of Defense Education Benefits Fund shall be transferred to the Veterans’ Administration from such Fund as necessary and in accordance with agreements entered into under section 2006 of title 10 by the Administrator, the Secretary of Defense, and the Secretary of the Treasury. Funds for the payment by the Administrator of benefits under this chapter that are to be paid from appropriations made to the Department of Transportation shall be transferred to the Veterans’ Administration as necessary. The Administrator and the Secretary of Transportation shall enter into an agreement for the manner in which such transfers are to be made. “§ 1436. Reporting requirement “(a) The Secretary of Defense and the Administrator shall submit to the Congress at least once every two years separate reports on the operation of the program provided for in this chapter. “(b) The Secretary shall include in each report submitted under this section— “(1) information indicating (A) the extent to which the benefit levels provided under this chapter are adequate to achieve the purposes of inducing individuals to enter and remain in the Armed Forces and of providing an adequate level of financial assistance to help meet the cost of pursuing a program of education, and (B) whether it is necessary for the purposes of maintaining adequate levels of well-qualified active-duty personnel in the Armed Forces to continue to offer the opportunity for educational assistance under this chapter to individuals who have not yet entered active-duty service; and “(2) such recommendations for administrative and legislative changes regarding the provision of educational assistance to members of the Armed Forces and veterans, and their dependents, as the Secretary considers appropriate. “(c) The Administrator shall include in each report submitted under this section— “(1) information concerning the level of utilization of educational assistance and of expenditures under this chapter; and “(2) such recommendations for administrative and legislative changes regarding the provision of educational assistance to members of the Armed Forces and veterans, and their dependents, as the Administrator considers appropriate. “(d) (1) The first report by the Secretary of Defense under this section shall be submitted not later than January 1, 1986. “(2) The first report by the Administrator under this section shall be submitted not later than January 1, 1988.”.

2. 1986

   Pub. L. 99–576 title III · 100 Stat. 3248

   1. Substituted · 38 U.S.C. § 3034(a)

      Pub. L. 99–576, §§ 301(c), 308(a), substituted “1683, and 1685” for “and 1683”

   2. Substituted · 38 U.S.C. § 3034(a)

      Pub. L. 99–576, §§ 301(c), 308(a), substituted “(with the exception of sections 1780(c), 1780(g), and 1787)” for “(with the exception of sections 1777, 1780(a)(5), 1780(b), 1786, 1787, and 1792 of such chapter)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–576, §§ 301(c), 308(a), substituted “1683, and 1685” for “and 1683” and “(with the exception of sections 1780(c), 1780(g), and 1787)” for “(with the exception of sections 1777, 1780(a)(5), 1780(b), 1786, 1787, and 1792 of such chapter)”.

   Enacted provision · exact public law
   TITLE III— EDUCATION AND EMPLOYMENT Part A— Education SEC. 301. APPRENTICESHIP OR OTHER ON-JOB TRAINING UNDER THE NEW GI BILL. (a) In General.— Section 1402(3) is amended to read as follows: “(3) The term ‘program of education’— “(A) has the meaning given such term in section 1652(b) of this title, and “(B) includes a full-time program of apprenticeship or of other on-job training approved as provided in clause (1) or (2), as appropriate, of section 1787(a) of this title.”. (b) Amount of Assistance.— Section 1432 is amended by adding at the end the following new subsection: “(c) (1) Except as provided in paragraph (2) of this subsection, the amount of the monthly educational assistance allowance payable to an individual pursuing a full-time program of apprenticeship or other on-job training under this chapter is— “(A) for each of the first six months of the individual’s pursuit of such program, 75 percent of the monthly educational assistance allowance otherwise payable to such individual under this chapter; “(B) for each of the second six months of the individual’s pursuit of such program, 55 percent of such monthly educational assistance allowance; and “(C) for each of the months following the first 12 months of the individual’s pursuit of such program, 35 percent of such monthly educational assistance allowance. “(2) In any month in which an individual pursuing a program of education consisting of a program of apprenticeship or other on-job training fails to complete 120 hours of training, the amount of monthly educational assistance allowance payable under this chapter to the individual shall be limited to the same proportion of the applicable rate determined under paragraph (1) of this subsection as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours. “(3) For each month that an individual is paid a monthly educational assistance allowance under this chapter, the individual’s entitlement under this chapter shall be charged at the rate of— “(A) 75 percent of a month in the case of payments made in accordance with paragraph (1)(A) of this subsection; “(B) 55 percent of a month in the case of payments made in accordance with paragraph (1)(B) of this subsection; and “(C) 35 percent of a month in the case of payments made in accordance with paragraph (1)(C) of this subsection.”. (c) 38 USC 1434. Conforming Amendment.— Section 1434(a) is amended by striking out the parenthetical matter in the first sentence and inserting in lieu thereof “(with the exception of sections 1780(c), 1780(g), and 1787)”. (d) Clerical Amendments.— (1) The heading of section 1432 is amended to read as follows: “§ 1432. Limitations on educational assistance for certain individuals”. (2) The item relating to such section in the table of sections at the beginning of chapter 30 of such title is amended to read as follows: “1432. Limitations on educational assistance for certain individuals.”. SEC. 302. EDUCATIONAL ASSISTANCE FOR CORRESPONDENCE COURSES UNDER THE NEW GI BILL. Section 1434 is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): “(c) When an eligible individual is pursuing a program of education under this chapter by correspondence, the individual’s entitlement under this chapter shall be charged at the rate of one month’s entitlement for each month of benefits paid to the individual.”. SEC. 303. PROVISIONS RELATING TO REDUCTION OF PAY IN THE NEW GI BILL. (a) In General.— (1) Section 1411(b) is amended by striking out the second sentence and inserting in lieu thereof the following: “Any amount by which the basic pay of an individual is reduced under this subsection shall revert to the Treasury and shall not, for purposes of any Federal law, be considered to have been received by or to be within the control of such individual.” (2) Section 1412(c) is amended by striking out the second sentence 38 USC 1412. and inserting in lieu thereof the following: “Any amount by which the basic pay of an individual is reduced under this subsection shall revert to the Treasury and shall not, for purposes of any Federal law, be considered to have been received by or to be within the control of such individual.”. (b) Effective Date.— The amendments made by subsection (a) 38 USC 1411 note. shall apply to any reduction in basic pay made under section 1411(b) or 1412(c) of title 38, United States Code, after December 31, 1985. SEC. 304. ADVISORY COMMITTEE AMENDMENTS. Section 1792 is amended— (1) in the first sentence of subsection (a)— (A) by striking out “an advisory committee” and inserting in lieu thereof “a Veterans’ Advisory Committee on Education”; and (B) by inserting “30,” after “chapter”; and (2) in the first sentence of subsection (b), by inserting “30,” after “chapterss”. SEC. 305. CERTIFICATION UNDER NEW GI BILL. Section 1434(b) is amended to read as follows: “(b) The Administrator may, pursuant to regulations which the Regulations. Administrator shall prescribe, determine and define enrollment in, pursuit of, and attendance at, any program of education by an individual enrolled in or pursuing a program of education under this chapter for any period for which the individual receives educational assistance under this chapter. Subject to such reports and proof as the Administrator may require to show an individual’s enrollment in and satisfactory pursuit of such individual’s program, the Administrator may withhold payment of benefits to such individual until the required proof is received and the amount of the payment is appropriately adjusted.”. SEC. 306. BAR TO DUPLICATION OF BENEFITS. (a) In General.— Section 1433(a)(1) is amended by striking out “chapter 31” and all that follows through “both programs” and inserting in lieu thereof “chapter 31, 32, or 35 of this title, under chapter 106 or 107 of title 10, or under the Hostage Relief Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not receive assistance under two or more of such programs”. (b) Selected Reserve Service.— Section 1433(c) is amended to read as follows: “(c) An individual who serves in the Selected Reserve may not receive credit for such service under both the program established by this chapter and the program established by chapter 106 of title 10 but shall elect (in such form and manner as the Administrator may prescribe) the program to which such service is to be credited.”. 10 USC 2131 et seq. SEC. 307. ADJUSTMENT OF DELIMITING PERIOD FOR INDIVIDUALS ENTITLED TO CERTAIN COMBINED BENEFITS. (a) In General.— (1) Section 1411(a)(1)(B) is amended by inserting “and was on active duty on October 19, 1984, and without a break in service since October 19, 1984,” after “title”. (2) Section 1412(a)(1)(B) is amended by inserting “and was on active duty on October 19, 1984, and without a break in service since October 19, 1984,” after “title”. (b) Conforming Amendment.— Section 1431 is amended— (1) by striking out “(d)” in subsection (a) and inserting in lieu thereof “(e)”; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following new subsection; “(e) In the case of an individual described in section 1411(a)(1)(B) 38 USC 1411, 1412. or 1412(a)(1)(B) of this title who is entitled to basic educational assistance under this chapter, the 10-year period prescribed in subsection (a) of this section shall be reduced by an amount of time equal to the amount of time that such individual was not serving on active duty during the period beginning on January 1, 1977, and ending on October 18, 1984.”. SEC. 308. WORK-STUDY ALLOWANCE UNDER THE NEW GI BILL AND THE POSTVIETNAM ERA VETERANS’ EDUCATIONAL ASSISTANCE PROGRAM (a) New GI Bill.— The first sentence of section 1434(a) is amended by striking out “and 1683” and inserting in lieu thereof “1683, and 1685”. (b) Post-Vietnam Era Veterans’ Educational Assistance Program.—Section 1641 is amended by inserting “1685,” after “1683,”. (c) Conforming Amendment.— The first sentence of section 1685(b) is amended by striking out “education or training under chapters 31 and 34” and inserting in lieu thereof “rehabilitation, education, or training under chapter 30, 31, 32, or 34”. SEC. 309. TERMINATION OF ENROLLMENTS IN POSTVIETNAM ERA VETERANS’ EDUCATIONAL ASSISTANCE PROGRAM. (a) In General.— (1) Section 1601(1) is amended by inserting “and before July 1, 1985,” after “December 31, 1976,”. (2) Section 1602(1)(A) is amended— (1) by inserting “and before July 1, 1985,” after “January 1, 1977,” both places it appears; and (2) by striking out “such date” both places it appears and inserting in lieu thereof “January 1, 1977”. (3) Section 1621(a) is amended— (A) by inserting “and before July 1, 1985,” after “January 1, 1977,”; and , (B) by inserting “before July 1, 1985” before the period at the end of the first sentence. (b) 38 USC 1621 note. Conforming Repeal.— Section 704 of the Veterans’ Educational Assistance Act of 1984 (title VII of Public Law 98–525; 98 Stat. 2564) is repealed. (c) 38 USC 1601 note. Exception.— Notwithstanding the amendments made by subsection (a), any individual on active duty in the Armed Forces who was eligible on June 30, 1985, to enroll in the program established 38 USC 1601 et seq. by chapter 32 of title 38, United States Code, may enroll, before April 1, 1987, in such program. (d) Uniformed services. Notice Requirement.— The Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, shall carry out activities for the purpose of notifying, to the maximum extent feasible, individuals described in subsection (c) of the opportunity provided by such subsection. SEC. 310. ON-JOB TRAINING UNDER THE POSTVIETNAM ERA VETERANS’ EDUCATIONAL ASSISTANCE PROGRAM. (a) In General.— Section 1602 is amended— 38 USC 1602. (1) by striking out paragraph (2) and inserting in lieu thereof the following: “(2) The term ‘program of education’— “(A) has the meaning given such term in section 1652(b) of this title, and “(B) includes a full-time program of apprenticeship or other on-job training approved as provided in clause (1) or (2), as appropriate, of section 1787(a) of this title.”; and (2) by adding at the end the following new paragraphs: “(4) The term ‘educational institution’ has the meaning given such term in section 1652(c) of this title. “(5) The term ‘training establishment’ has the meaning given such term in section 1652(e) of this title.”. (b) Amount of Payment.— (1) Section 1631(a)(2) is amended by striking out “The” and inserting in lieu thereof “Except as provided in section 1633 of this title and subject to section 1641 of this title, the”. (2) Subchapter III of chapter 32 is amended by adding at the end the following new section: “§ 1633. Apprenticeship or other on-job training “(a) Except as provided in subsection (b) of this section, the amount of the monthly benefit payment to an individual pursuing a full-time program of apprenticeship or other on-job training under this chapter is— “(1) for each of the first six months of the individual’s pursuit of such program, 75 percent of the monthly benefit payment otherwise payable to such individual under this chapter; “(2) for each of the second six months of the individual’s pursuit of such program, 55 percent of such monthly benefit payment; and “(3) for each of the months following the first 12 months of the individual’s pursuit of such program, 35 percent of such monthly benefit payment. “(b) In any month in which an individual pursuing a program of education consisting of a program of apprenticeship or other on-job training fails to complete 120 hours of training, the amount of the monthly benefit payment payable under this chapter to the individual shall be limited to the same proportion of the applicable rate determined under subsection (a) of this section as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours. “(c) For each month that an individual is paid a monthly benefit payment under this chapter, the individual’s entitlement under this chapter shall be charged at the rate of— “(1) 75 percent of a month in the case of payments made in accordance with subsection (a)(1) of this section; “(2) 55 percent of a month in the case of payments made in accordance with subsection (a)(2) of this section; and “(3) 35 percent of a month in the case of payments made in accordance with subsection (a)(3) of this section.”. (3) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1632 the following new item: “1633. Apprenticeship or other on-job training.”. (c) 38 USC 1641. Administration.— Section 1641 is amended— (1) by inserting “(a)” before “The”; (2) by striking out “sections 1777, 1780(c), and 1787) shall be applicable to the program.” and inserting in lieu thereof “section 1787) shall be applicable with respect to individuals who are pursuing programs of education while serving on active duty.”; and (3) by adding at the end the following new subsection: “(b) The provisions of sections 1663, 1670, 1671, 1673, 1674, 1676, 1683, and 1691(a)(1) of 38 USC 1770. this title and the provisions of chapter 36 of this title (with the exception of section 1787) shall be applicable with respect to individuals who are pursuing programs of education following discharge or release from active duty.”. SEC. 311. DURATION OF AND LIMITATIONS ON ENTITLEMENT TO POSTVIETNAM ERA VETERANS’ EDUCATIONAL ASSISTANCE. The text of section 1632 is amended to read as follows: “(a) (1) Except as provided in paragraphs (2) and (3) of this subsection, educational assistance benefits shall not be afforded an eligible veteran under this chapter more than 10 years after the date of such veteran’s last discharge or release from active duty. “(2) (A) If any eligible veteran was prevented from initiating or completing such veteran’s chosen program of education during the delimiting period determined under paragraph (1) of this subsection because of a physical or mental disability which was not the result of such veteran’s own willful misconduct, such veteran shall, upon application made in accordance with subparagraph (B) of this paragraph, be granted an extension of the applicable delimiting period for such length of time as the Administrator determines, from the evidence, that such veteran was so prevented from initiating or completing such program of education. “(B) An extension of the delimiting period applicable to an eligible veteran may be granted under subparagraph (A) of this paragraph by reason of the veteran’s mental or physical disability only if the veteran submits an application for such extension to the Administrator within one year after (i) the last date of the delimiting period otherwise applicable to the veteran under paragraph (1) of this subsection, or (ii) the termination date of the period of the veteran’s mental or physical disability, whichever is later. “(3) When an extension of the applicable delimiting period is granted an eligible veteran under paragraph (2) of this subsection, the delimiting period with respect to such veteran shall again begin to run on the first day after such veteran’s recovery from such disability on which it is reasonably feasible, as determined in accordance with regulations prescribed by the Administrator, for such veteran to initiate or resume pursuit of a program of education with educational assistance under this chapter. “(b) (1) In the event that an eligible veteran has not utilized any or all of such veteran’s entitlement by the end of the delimiting period applicable to the veteran under subsection (a) of this section, such eligible veteran is automatically disenrolled. “(2) (A) Any contributions which were made by a veteran disenrolled under paragraph (1) of this subsection and remain in the fund shall be refunded to the veteran after notice of disenrollment is transmitted to the veteran and the veteran applies for such refund. “(B) If no application for refund of contributions under subparagraph (A) of this paragraph is received from a disenrolled veteran within one year after the date the notice referred to in such subparagraph is transmitted to the veteran, it shall be presumed, for the purposes of section 1322(a) of title 31, that the veteran’s whereabouts is unknown and the funds shall be transferred as provided in such section.”. SEC. 312. EDUCATIONAL AND VOCATIONAL COUNSELING. Section 1663 is amended by inserting after the first sentence the 38 USC 1663. following: “In any case in which the Administrator has rated the veteran as being incompetent, such counseling shall be required to be provided to the veteran prior to the selection of a program of education or training.”. SEC. 313. DELIMITING PERIOD UNDER THE SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE PROGRAM. Section 1712(b) is amended by adding at the end the following: “(3) (A) Notwithstanding the provisions of paragraph (1) of this subsection, any eligible person (as defined in clause (B) or (D) of section 1701(a)(1) of this title) may, subject to the approval of the Administrator, be permitted to elect a date referred to in subparagraph (B) of this paragraph to commence receiving educational assistance benefits under this chapter. The date so elected shall be the beginning date of the delimiting period applicable to such person under this section. “(B) The date which an eligible person may elect under subparagraph (A) of this paragraph is any date during the period beginning on the date the person became an eligible person within the meaning of clause (B) or (D) of section 1701(a)(1) of this title and ending on the date determined under subparagraph (A), (B), or (C) of paragraph (1) of this subsection to be applicable to such person.”. SEC. 314. ELIMINATION OF THE REQUIREMENT FOR AN EDUCATION PLAN FOR SURVIVORS AND DEPENDENTS. (a) In General.— Section 1720 is amended to read as follows: “§ 1720. Educational and vocational counseling “The Administrator may, upon request, arrange for educational or vocational counseling for persons eligible for benefits under this chapter to assist such persons in selecting their educational, vocational, or professional objectives and in developing their programs of education.”. (b) Conforming Amendments.— (1) Section 1721 is amended— (A) by striking out “finally”; (B) by striking out clause (1); and (C) by redesignating clauses (2), (3), (4), and (5) as clauses (1), (2), (3), and (4), respectively. (2) The heading of such section is amended to read as follows: “§ 1721. Approval of application”. (3) The items relating to sections 1720 and 1721 in the table of sections at the beginning of chapter 35 are amended to read as follows: “1720. Educational and vocational counseling. “1721. Approval of application.”. SEC. 315. MEASUREMENT OF CERTAIN NONCOLLEGE DEGREE COURSES. (a) 38 USC 1780. In General.— (1) Section 1780(a) is amended— (A) in clause (1), by inserting “, or a course that meets the requirements of section 1788(a)(7) of this title,” after “degree”; and (B) in clause (2), by inserting “courses that meet the requirements of section 1788(a)(7) of this title and” after “excluding”. (2) Section 1788 is amended— (A) in subsection (a)— (i) by striking out “and” at the end of clause (5); (ii) by striking out the period at the end of clause (6) and inserting in lieu thereof and”; and (iii) by inserting after clause (6) the following new clause: “(7) an institutional course not leading to a standard college degree, offered by a fully accredited institution of higher learning in residence on a standard quarter- or semester-hour basis, shall be measured as full time on the same basis as provided in clause (4) of this subsection if (A) such course is approved pursuant to section 1775 of this title, and (B) a majority of the total credits required for the course is derived from unit courses or subjects offered by the institution as part of a course, so approved, leading to a standard college degree.”; and (B) in subsection (c), by striking out “(4)”. (b) Determination in Certain Cases.— Section 1788 is amended by inserting at the end the following new subsection: “(e) For the purpose of determining whether a course— “(1) which is offered by an institution of higher learning, and “(2) for which such institution requires one or more unit courses or subjects for which credit is granted toward a standard college degree will, during the semester (or quarter or other applicable portion of the academic year) when such unit course or subject is being pursued, be considered full time under clause (1) or (2) of subsection (a) of this section, each of the numbers of hours specified in such clause shall be deemed to be reduced, during such semester (or other portion of the academic year), by the percentage described in the following sentence and rounded as the Administrator may prescribe. Such percentage is the percentage that the number of semester hours (or the equivalent thereof) represented by such unit course or subject is of the number of semester hours (or the equivalent thereof) which, under clause (4) of such subsection, constitutes a full-time institutional undergraduate course at such institution.”. SEC. 316. PAYMENT OF EDUCATIONAL ASSISTANCE FOR CERTAIN LESS-THAN-HALF-TIME TRAINING. The first sentence of section 1780(f) is amended by striking out “during” and inserting in lieu thereof “not later than the last day of”. SEC. 317. PROHIBITION ON BENEFITS UNDER MORE THAN ONE EDUCATIONAL ASSISTANCE PROGRAM. Section 1781(b) is amended by striking out “for the pursuit of the 38 USC 1781. same program of education”. SEC. 318. REPORTING REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS. Section 1784(a) is amended— (1) by striking out “(a) The” and inserting in lieu thereof “(a)(1) Except as provided in paragraph (2) of this subsection, the”; and (2) by adding at the end the following new paragraph: “(2) (A) In the case of a program of independent study pursued on less than a half-time basis in an educational institution, the Administrator may approve a delay by the educational institution in reporting the enrollment or reenrollment of an eligible veteran or eligible person until the end of the term, quarter, or semester if the educational institution requests the delay and the Administrator determines that it is not feasible for the educational institution to monitor interruption or termination of the veteran’s or eligible person’s pursuit of such program. “(B) An educational institution which, pursuant to subparagraph (A) of this paragraph, is delaying the reporting of the enrollment or reenrollment of a veteran shall provide the veteran with notice of the delay at the time that the veteran enrolls or reenrolls.”. SEC. 319. PROHIBITION OF A TERM-BY-TERM CERTIFICATION REQUIREMENT. Section 1784(a), as amended by section 318 of this Act, is further amended by adding at the end the following new paragraph: “(3) (A) Subject to subparagraph (B) of this paragraph, an educational institution offering courses on a term, quarter, or semester basis may certify the enrollment of a veteran who is not on active duty, or of an eligible person, in such courses for more than one term, quarter, or semester at a time, but not for a period extending beyond the end of a school year (including the summer enrollment period). “(B) Subparagraph (A) of this paragraph shall not apply with respect to any term, quarter, or semester for which the veteran or eligible person is enrolled on a less than half-time basis and shall not be construed as restricting the Administrator from requiring that an educational institution, in reporting an enrollment for more than one term, quarter, or semester, specify the dates of any intervals within or between any such terms, quarters, or semesters.”. SEC. 320. COMMISSION TO ASSESS VETERANS’ EDUCATION POLICY. (a) Establishment and Members.— (1) There is established a Commission on Veterans’ Education Policy (hereafter in this section referred to as the “Commission”). (2) (A) The Commission shall consist of 11 members, 10 of whom shall be appointed, not later than March 1, 1987, by the Administrator of Veterans’ Affairs in consultation with the chairmen and the ranking minority members of the Committees on Veterans’ Affairs of the Senate and of the House of Representatives (hereafter in this section referred to as “the Committees”), and one of whom shall be the chairman of the Advisory Committee on Education established under section 1792 of title 38, United States Code (as amended by section 304). (B) The members of the Commission— (i) shall be broadly representative of entities engaged in providing education and training and of veterans’ service organizations; and (ii) shall be selected on the basis of their knowledge of and experience in education and training policy and the implementation of such policy with respect to programs of assistance administered by the Veterans’ Administration. (3) The Administrator of Veterans’ Affairs, the ex officio members of the Advisory Committee on Education referred to in paragraph (2)(A), and the chairmen and ranking minority members of the Committees (or, in the case of any such individual, a designee of any such individual) shall be ex officio, nonvoting members of the Commission. (4) (A) The Administrator shall designate a member from among the voting members of the Commission to chair the Commission. (B) The chairman of the Commission, with the concurrence of the Commission, shall appoint an executive director, who shall be the chief executive officer of the Commission and shall perform such duties as are prescribed by the Commission. (C) The Administrator shall furnish the Commission with such professional, technical, and clerical staff and services and administrative support as the Commission determines necessary for the Commission to carry out the provisions of this section effectively. (b) First Report.— (1) Not later than 18 months after the date on which at least 8 members of the Commission have been appointed, the Commission shall submit a report on the Commission’s findings and recommendations on the matters described in paragraph (2) of this subsection to the Administrator and the Committees. (2) The report required by paragraph (1) shall include the Commission’s findings, views, and recommendations on the following matters: (A) The need for distinctions between certificate-granting courses and degree-granting courses. (B) The measurement of courses for the purposes of payment of educational assistance benefits. (C) The vocational value of courses offered through home study. (D) The role of innovative and nontraditional programs of education and the manner in which such programs should be treated for purposes of payment of educational assistance benefits by the Veterans’ Administration, including courses that result in the achievement of continuing education units. (E) Such other matters relating to administration of chapters 38 USC 1401 et seq., 1500 et seq., 1601 et seq., 1651 et. seq., 1700 et seq., 1770 et seq. 30, 31, 32, 34, 35, and 36 of title 38, United States Code, by the Veterans’ Administration as (i) the Commission considers appropriate or necessary, or (ii) are suggested by the Administrator or, concurrently, by the chairmen and ranking minority members of the Committees. (c) Interim and Final Reports.— (1) Not later than 6 months after the date on which the report is submitted under subsection (b), the Administrator shall submit an interim report to the Committees. The interim report shall contain— (A) the Administrator’s views on the desirability, feasibility, and cost of implementing each of the Commission’s recommendations, and the actions taken or planned with respect to the implementation of such recommendations; (B) (i) the Administrator’s views on any legislation or regulations proposed by the Commission, (ii) the Administrator’s views on the need for any alternative or additional legislation or regulations to implement the Commission’s recommendations, (iii) the Administrator’s recommendations for any such alternative or additional legislation, (iv) the proposed text of any regulations referred to in subclause (i) or (ii) which the Administrator considers necessary and the proposed text of any legislation referred to in such subclause which is recommended by the Administrator, and (v) a cost estimate for the implementation of any regulations and legislation referred to in such subclause; and (C) any other proposals that the Administrator considers appropriate in light of the Commission’s report. (2) Not later than 90 days after the date on which the Administrator’s interim report is submitted under paragraph (1), the Commission shall submit a report to the Administrator and the Committees containing the Commission’s views on the Administrator’s interim report. (3) Not later than two years after the date on which the Commission’s report is submitted under subsection (b), the Administrator shall submit a final report to the Committees. The final report shall include the actions taken with respect to the recommendations of the Commission and any further recommendations the Administrator considers appropriate. (d) Termination.— The Commission shall terminate 90 days after the date on which the Administrator submits the final report required by subsection (c)(3). SEC. 321. TECHNICAL AND CLERICAL AMENDMENTS. Title 38 is amended as follows: (1) Section 1411(a) is amended— (A) in clause (1)(A)(ii)(II), by inserting “continuous” after “months of” both places it appears; and (B) in clause (1)(B)(ii)(II), by inserting “continuous” after “months of”. (2) Section 1412 is amended— (A) in subsection (a), by striking out “subsection (c)” and inserting in lieu thereof “subsection (d)”; and (B) in subsection (b)(1), by inserting “such” after “three and one-half years of’. (3) Section 1413 is amended— (A) in subsection (a)(2), by inserting the following before the period at the end: “after the date of the beginning of the period for which the individual’s basic pay is reduced under section 1411(b) of this title, in the case of an individual described in section 1411(a)(1)(A)(ii)(I) of this title, or after June 30, 1985, in the case of an individual described in section 1411(a)(1)(B)(ii)(I) of this title”; and (B) in subsection (b)— (i) by inserting in clause (1) after “individual” the following: “after the date of the beginning of the period for which such individual’s basic pay is reduced under section 1412(c) of this title, in the case of an individual described in section 1412(a)(1)(A), or after June 30, 1985, in the case of an individual described in section 1412(a)(1)(B) of this title”; and (ii) by inserting “after the applicable date specified in clause (1) of this subsection” after “Selected Reserve” in clause (2). (4) 38 USC 1416. The text of section 1416 is amended to read as follows: “(a) A member of the Armed Forces who— “(1) first becomes a member or first enters on active duty as a member of the Armed Forces after June 30, 1985, and does not make an election under section 1411(c)(1) or section 1412(d)(1); “(2) completes at least two years of service on active duty after such date; “(3) after such service, continues on active duty or in the Selected Reserve without a break in service (except as described in section 1412(b)(2) of this title); and “(4) but for section 1411(a)(1)(A)(i)(I) or 1412(a)(1)(A)(ii) of this title would be eligible for basic educational assistance, may receive educational assistance under this chapter for enrollment in an approved program of education while continuing to perform the duty described in section 1411(a)(1)(A)(i)(I) or 1412(a)(1)(A)(ii) of this title. “(b) A member of the Armed Forces who— “(1) as of December 31, 1989, is eligible for educational assistance 38 USC 1651 et seq. benefits under chapter 34 of this title; “(2) after June 30, 1985, has served the two years required by section 1412(a)(1)(B)(i); and “(3) but for section 1412(a)(1)(B)(ii) of this title would be eligible for basic educational assistance, may, after December 31, 1989, receive educational assistance under this chapter for enrollment in an approved program of education while continuing to perform the duty described in section 1412(a)(1)(B)(ii) of this title.”. (5) Section 1421 is amended by striking out “in addition to” each place it appears in subsections (a)(1) and (b)(1) and inserting in lieu thereof “after”. (6) Section 1421(c)(1) is amended by striking out “his” and inserting in lieu thereof “the member’s”. (7) (A) Subsection (a) of section 1431 is amended by striking out “(d)” and inserting in lieu thereof “(e)”. (B) Subsection (b) of such section is amended— (i) by striking out “subchapter II or III of”; (ii) by striking out “of such subchapter” and inserting in lieu thereof “of this chapter”; (iii) by striking out “(1)” after “before”; and (iv) by striking out “or (2)” and all that follows through “1412(a)(3) of this title,”. (C) Subsection (e)(2) of such section is amended by inserting “not” after “educational institution”. (8) Section 1435(b)(2) is amended by striking out “section 1415(a)” and inserting in lieu thereof “subsection (a) or (b) of section 1415”. (9) Section 1781(b) is amended by striking out “Chapter 107” in clause (2) and inserting in lieu thereof “Chapters 106 and 107”. (10) Section 3013 is amended by inserting “30,” after “chapters”. (11) Section 3103A(b)(3) is amended— (A) by striking out “or” at the end of clause (D); (B) by striking out the period at the end of clause (E) and inserting in lieu thereof “; or”; and (C) by adding at the end the following new clause: “(F) to benefits under chapter 30 of this title in the case of 38 USC 1401 et seq. a person entitled to benefits under such chapter by reason of section 1411(a)(1)(A)(ii)(II) of this title.”. Part B— Employment and Other Programs SEC. 331. EMPLOYMENT RIGHTS OF CERTAIN INDIVIDUALS. Section 2021(b)(3) is amended— (1) by inserting “seeks or” after “who”; (2) by inserting “hiring,” after “shall not be denied”; and (3) by inserting a comma after “employment” the first place it appears. SEC. 332. VETERANS’ READJUSTMENT APPOINTMENTS. Section 2014(b)(2) is amended by striking out “September 30, 1986” and inserting in lieu thereof “December 31, 1989”. SEC. 333. EXTENSION OF PROGRAM OF INDEPENDENT LIVING SERVICES AND ASSISTANCE. (a) Extension of Authority and Clarifying Amendment.— (1) Section 1520(a) is amended— (A) in paragraphs (1), (5), and (6), by striking out “1985” each place it appears and inserting in lieu thereof “1989”; and (B) in paragraph (2), by inserting “currently” after “goal”. (b) Conforming Amendments.— (1) Paragraphs (6)(B) and (9)(A)(i) of section 1501 are amended by inserting “currently” after “be”. (2) Section 1503(d) is amended by inserting “currently” after “goal”. (3) Section 1505 is amended— (A) in subsection (a), by inserting “currently” after “whether it”; (B) in subsection (b), by inserting “current” after “of the”; and (C) in subsection (d), by inserting “currently” after “goal”. (4) Section 1506 is amended— (A) in subsection (a)(2)(B), by inserting “currently” after “goal”; (B) in subsection (b), by inserting “currently” after “goal”; (C) in subsection (c), by inserting “currently” after “goal” the first place it appears; and (D) in subsection (d)— (i) in the first sentence, by inserting “currently” after “veteran”; and (ii) in the third sentence, by inserting “currently” after “goal” and after “achievement” the second place it appears. (5) Section 1509 is amended by inserting “currently” after “veteran” the first place it appears. (6) The heading for section 1520 is amended by striking out “Pilot Program” and inserting in lieu thereof “Program”. (7) The item relating to section 1520 in the table of sections at the beginning of chapter 31 is amended by striking out “Pilot program” and inserting in lieu thereof “Program”. (c) Report.— Section 1520(b) is amended to read as follows: “(b) Not later than February 1, 1989, the Administrator shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives statistical data regarding veterans’ participation in the program conducted under subsection (a) of this section during fiscal years 1987 and 1988 and any recommendations of the Administrator for administrative or legislative action or both regarding the program.”.

3. 1986

   Pub. L. 99–576 § 305 · 100 Stat. 3248

   Amended · 38 U.S.C. § 3034(b)

   Pub. L. 99–576, § 305, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “An educational assistance allowance for any period may not be paid to an individual enrolled in or pursuing a program of education under this chapter until the Administrator has received—

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–576, § 305, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “An educational assistance allowance for any period may not be paid to an individual enrolled in or pursuing a program of education under this chapter until the Administrator has received—

   “(1) from such individual a certification as to such individual’s actual attendance during such period; and “(2) from the educational institution a certification, or an endorsement of the individual’s certificate, that such individual was enrolled in and pursuing a program of education during such period.”

   Enacted provision · exact public law section
   SEC. 305. CERTIFICATION UNDER NEW GI BILL. Section 1434(b) is amended to read as follows: “(b) The Administrator may, pursuant to regulations which the Regulations. Administrator shall prescribe, determine and define enrollment in, pursuit of, and attendance at, any program of education by an individual enrolled in or pursuing a program of education under this chapter for any period for which the individual receives educational assistance under this chapter. Subject to such reports and proof as the Administrator may require to show an individual’s enrollment in and satisfactory pursuit of such individual’s program, the Administrator may withhold payment of benefits to such individual until the required proof is received and the amount of the payment is appropriately adjusted.”.

4. 1986

   Pub. L. 99–576 § 302 · 100 Stat. 3248

   1. Added · 38 U.S.C. § 3034(c); 38 U.S.C. § 3034(d)

      Pub. L. 99–576, § 302, added subsec. (c)

   2. Redesignated · 38 U.S.C. § 3034(c); 38 U.S.C. § 3034(d)

      Pub. L. 99–576, § 302, redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 99–576, § 302, added subsec. (c) and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   SEC. 302. EDUCATIONAL ASSISTANCE FOR CORRESPONDENCE COURSES UNDER THE NEW GI BILL. Section 1434 is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): “(c) When an eligible individual is pursuing a program of education under this chapter by correspondence, the individual’s entitlement under this chapter shall be charged at the rate of one month’s entitlement for each month of benefits paid to the individual.”.

5. 1988

   Veterans’ Benefits and Programs Improvement Act of 1988

   Pub. L. 100–689 title I · 102 Stat. 4161

   1. Amended · 38 U.S.C. § 3034(a)(1)

      Pub. L. 100–689, §§ 106(a)(1), 111(a)(7)(B)(i), designated existing first sentence as par. (1)

   2. Inserted · 38 U.S.C. § 3034(a)(1)

      Pub. L. 100–689, §§ 106(a)(1), 111(a)(7)(B)(i), inserted “1786(a),” after “1780(g),”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 100–689, §§ 106(a)(1), 111(a)(7)(B)(i), designated existing first sentence as par. (1) and inserted “1786(a),” after “1780(g),”.

   Enacted provision · exact public law
   TITLE I— EDUCATION PROGRAMS Part A— Provisions Relating to Montgomery GI Bill and Certain Other Education Programs SEC. 101. MONTGOMERY GI BILL DEATH BENEFIT. (a) In General.— Subchapter II of chapter 30 is amended by adding at the end the following new section: “§ 1417. Death benefit “(a) (1) In the event of the service-connected death of any individual— “(A) who— “(i) is entitled to basic educational assistance under this chapter; or “(ii) is on active duty in the Armed Forces and but for section 1411(a)(1)(A)(i) or division (i) or (ii) of section 1412(a)(1)(A) of this title would be eligible for such basic educational assistance; and “(B) who dies while on active duty, the Administrator shall make a payment, subject to paragraph (2)(B) of this subsection, in the amount described in subsection (b) of this section to the person or persons described in paragraph (2)(A) of this subsection. “(2) (A) The payment referred to in paragraph (1) of this subsection shall be made to the person or persons first listed below who is surviving on the date of such individual’s death: “(i) The beneficiary or beneficiaries designated by such individual under the individual’s Servicemen’s Group Life Insurance policy. “(ii) The surviving spouse of the individual. “(iii) The surviving child or children of the individual, in equal shares. “(iv) The surviving parent or parents of the individual, in equal shares. “(B) If no such person survives such individual, no payment shall be made under this section. “(b) The amount of any pa3mient made under this section shall be equal to— “(1) the amount reduced from the individual’s pay under section 1411(b), 1412(c), or 1418(c) of this title, less “(2) the total of— “(A) the amount of educational assistance that has been paid to the individual under this chapter before the payment is made under this section; and “(B) the amount of accrued benefits paid or payable with respect to such individual in connection with this chapter. “(c) A payment under this section shall be considered to be a benefit under this title and, for purposes of section 1435(b)(1), it shall be considered to be an entitlement earned under this subchapter.’. (b) Clerical Amendment.— The table of sections for subchapter II of chapter 30 is amended by adding at the end the following new item: “1417. Death benefit”. (c) Effective Date.— The amendments made by this section shall take effect as of July 1, 1985. SEC. 102. MONTGOMERY GI BILL ELIGIBILITY FOR INDIVIDUALS DISCHARGED FOR PRESERVICE MEDICAL CONDITIONS OR DUE TO REDUCTIONS IN FORCE. (a) In General.— Section 1411(a)(1) is amended— (1) in clauses (A)(ii)(I) and (B)(ii)(I), by inserting after “disability” the following: “, for a medical condition which preexisted such service on active duty and which the Administrator determines is not service connected,”; (2) in clauses (A)(ii) and (B)(ii), by striking out “, or (II)” and inserting in lieu thereof “; (II)”; and (3) by inserting before “; or” at the end of clause (A)(ii) and before the semicolon at the end of clause (B)(ii) the following: “; or (III) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy”. (b) Conforming and Technical Amendments.— (1) (A) Section 1412(b)(1) is amended to read as follows: “(b) (1) (A) The requirement of two years of service under clauses (1)(A)(i) and (1)(B)(i) of subsection (a) of this section is not applicable to an individual who is discharged or released, during such two years, from active duty in the Armed Forces (i) for a service-connected disability, (ii) for a medical condition which preexisted such service on active duty and which the Administrator determines is not service connected, (iii) for hardship, (iv) in the case of an individual discharged or released after 20 months of such service, for the convenience of the Government, or (v) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy. “(B) The requirement of four years of service under clauses (1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section is not applicable to an individual— “(i) who, during the two years of service described in clauses (1)(A)(i) and (1)(B)(i) of subsection (a) of this section, was discharged or released from active duty in the Armed Forces for a service-connected disability or for a medical condition which preexisted such service on active duty and which the Administrator determines is not service connected, if the individual was obligated, at the beginning of such two years of service, to serve such four years of service; or “(ii) who, during the four years of service described in clauses (1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section, is discharged or released from service in the Selected Reserve (I) for a service-connected disability, (II) for a medical condition which preexisted the individual’s becoming a member of the Selected Reserve and which the Administrator determines is not service connected, (III) for hardship, (IV) in the case of an individual discharged or released after 30 months of such service, for the convenience of the Government, or (V) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy.”. (B) Paragraphs (1)(A)(i) and (1)(B)(i) of section 1412(a) are each amended by inserting “, subject to subsection (b) of this section,” after “Forces”. (2) Section 1413(a)(2) is amended by inserting “or (III)” after “section 1411(a)(1)(A)(ii)(I)” and after “section 1411(a)(1)(B)(ii)(I)” the first place each appears. (3) Clause (F) of section 3103A(b)(3) is amended to read as follows: “(F) to benefits under chapter 30 of this title by reason of— “(i) a discharge or release from active duty for the convenience of the Government, as described in sections 1411(a)(1)(A)(ii)(II) and 1412(b)(1)(A)(iv) of this title; “(i) a discharge or release from active duty for a medical condition which preexisted service on active duty and which the Administrator determines is not service connected, as described in clauses (A)(ii)(I) and (B)(ii)(I) of section 1411(a)(1) of this title and in section 1412(b)(1)(A)(ii) of this title; or “(iii) an involuntary discharge or release from active duty for the convenience of the Government as a result of a reduction in force, as described in clauses (A)(ii)(III) and (B)(ii)(III) of section 1411(a)(1) of this title and in section 1412(b)(1)(A)(v) of this title.”, (c) Effective Date.— The amendments made by this section shall 38 USC 1411 note. take effect— (1) as of July 1, 1985, with respect to individuals discharged or released for a medical condition which preexisted service on active duty or in the Selected Reserve and which the Administrator determines is not service connected; and (2) as of October 1, 1987, with respect to individuals involuntarily discharged or released for the convenience of the Government as a result of a reduction in force. SEC. 103. OPPORTUNITY FOR MONTGOMERY GI BILL ENROLLMENT FOR CERTAIN ACTIVE-DUTY NONPARTICIPANTS. (a) In General.— Subchapter II of chapter 30 is amended by adding at the end the following new section (after the section added by section 101(a) of this Act): “§ 1418. Opportunity for certain active-duty personnel to withdraw election not to enroll “(a) Notwithstanding any other provision of this chapter, during the period beginning December 1, 1988, and ending June 30, 1989 (hereinafter in this section referred to as the ‘open period’), an individual who— “(1) first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces during the period beginning July 1, 1985, and ending June 30, 1988; “(2) has continuously served on active duty without a break in service since the date the individual first became such a member or first entered on active duty as such a member; and “(3) is serving on active duty during the open period, shall have the opportunity, in accordance with this section and on such form as the Secretary shall prescribe, to withdraw an election made under section 1411(c)(1) or 1412(d)(1) of this title not to receive educational assistance under this chapter. “(b) An individual described in clauses (1) through (3) of subsection (a) of this section who made an election under section 1411(c)(1) or 1412(d)(1) of this title and who— “(1) while serving on active duty during the open period, makes a withdrawal of such an election; “(2) continues to serve the period of service which, at the beginning of the open period, such individual was obligated to serve; “(3) (A) serves the obligated period of service described in clause (2) of this subsection; “(B) before completing such obligated period of service, is discharged or released from active duty for (i) a service-connected disability, (ii) a medical condition which preexisted such service and which the Administrator determines is not service connected, or (iii) hardship; or “(C) before completing such obligated period of service, is (i) discharged or released from active duty for the convenience of the Government after completing not less than 20 months of such period of service, if such period was less than three years, or 30 months, if such period was at least three years, or (ii) involuntarily discharged or released from active duty for the convenience of the Government as a result of a reduction in force, as determined by the Secretary concerned in accordance with regulations prescribed by the Secretary of Defense; “(4) before completing such obligated period of service, has completed the requirements of a secondary school diploma (or an equivalency certificate); and “(5) upon completion of such obligated period of service— “(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; “(B) continues on active duty; or “(C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service, is entitled to basic educational assistance under this chapter. “(c) The basic pay of an individual withdrawing, under subsection (b)(1) of this section, an election under section 1411(c)(1) or 1412(d)(1) of this title shall be reduced by— “(1) $1,200; or “(2) in the case of an individual described in clause (B) or (C) of subsection (b)(3) of this section whose discharge or release from active duty prevents the reduction of the basic pay of such individual by $1,200, an amount less than $1,200. “(d) A withdrawal under subsection (b)(1) of this section is irrevocable.”. (b) Conforming Amendments.— (1) The second sentence of section 1411(b) and of section 1412(c) are each amended by striking out “subsection” and inserting in lieu thereof “chapter”. (2) Section 1413 is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following new subsection: “(c) (1) Subject to section 1795 of this title and except as provided in paragraph (2) of this subsection, each individual entitled to basic educational assistance under section 1418 of this title is entitled to 36 months of educational assistance under this chapter (or the equivalent thereof in part-time educational assistance). “(2) Subject to section 1795 of this title, an individual described in clause (B) or (C) of section 1418(b)(3) of this title whose discharge or release from active duty prevents the reduction of the basic pay of such individual by $1,200 is entitled to the number of months of assistance under this chapter that is equal to the lesser of— “(A) 36 multiplied by a fraction the numerator of which is the amount by which the basic pay of the individual has been reduced under section 1418(c) and the denominator of which is $1,200; or “(B) the number of months the individual has served on continuous active duty after June 30, 1985.”. (3) Section 1415(b) is amended by inserting “or 1418” after “section 1411”. (4) Section 1416 is amended by adding at the end the following new subsection: “(c) A member of the Armed Forces who— “(1) completes at least two years of service on active duty after June 30, 1985; “(2) after such service continues on active duty without a break in service; and “(3) but for section 1418(b)(3)(A) of this title would be entitled to basic educational assistance under this chapter, may receive such assistance for enrollment in an approved program of education while continuing to perform the service described in section 1418(b)(2) of this title.”. (5) Section 1421 is amended— (A) in subsection (a) in the matter preceding clause (1), by inserting “or 1418” after “section 1411”; and (B) in subsection (b) in the matter preceding clause (1), by inserting “or 1418” after “section 1412”. (c) Clerical Amendment.— The table of sections for subchapter II of chapter 30 is amended by adding the following new item (after the item added by section 101(b) of this Act): “1418. Opportunity for certain active-duty personnel to withdraw election not to enroll.”. SEC. 104. MONTGOMERY GI BILL SECONDARY SCHOOL DIPLOMA REQUIREMENTS. (a) Active Duty Participants.— Clause (2) of section 1411(a) is amended to read as follows: “(2) who completed the requirements of a secondary school diploma (or equivalency certificate) not later than— “(A) the original ending date of the individual’s initial obligated period of active duty in the case of an individual described in clause (1)(A) of this subsection, regardless of whether the individual is discharged or released from active duty on such date; or “(B) December 31, 1989, in the case of an individual described in clause (1)(B) of this subsection; except that an individual described in clause (1)(B) of this subsection may meet the requirement of this clause by having successfully completed the equivalent of 12 semester hours in a program of education leading to a standard college degree; and”. (b) Selected Reserve Participants.— Section 1412(a)(2) is amended— (1) by striking out “received” and inserting in lieu thereof “completed the requirements of”; and (2) by inserting the following before the semicolon: “, except that an individual described in clause (1)(B) of this subsection may meet the requirement of this clause by having successfully completed the equivalent of 12 semester hours in a program of education leading to a standard college degree”. SEC. 105. CHOICE OF MONTGOMERY GI BILL BENEFITS FOR CERTAIN RESERVISTS. Section 1412 is amended by adding at the end the following new subsection: “(e) (1) An individual described in subclause (I) or (III) of subsection (b)(1)(B)(ii) of this section may elect entitlement to basic educational assistance under section 1411 of this title, based on an initial obligated period of active duty of two years, in lieu of entitlement to assistance under this section. “(2) An individual who makes the election described in paragraph (1) of this subsection shall, for all purposes of this chapter, be considered entitled to educational assistance under section 1411 of this title and not under this section. Such an election is irrevocable.”. SEC. 106. REFRESHER, REMEDIAL, AND DEFICIENCY COURSES. (a) Montgomery GI Bill Active Duty Program.— Subsection (a) of section 1434 is amended— (1) by inserting “(1)” before “Except”; (2) by designating the second sentence as paragraph (2) thereof; (3) in paragraph (2) (as so designated), by striking out “those provisions” and inserting in lieu thereof “the provisions of the sections enumerated in paragraph (1) of this subsection”; and (4) by adding at the end the following new paragraph: “(3) The Administrator may, without regard to the application to Regulations. this chapter of so much of the provisions of section 1671 of this title as prohibit the enrollment of an eligible veteran in a program of education in which the veteran is ‘already qualified’, and pursuant to such regulations as the Administrator shall prescribe, approve the enrollment of such individual in refresher courses (including courses which will permit such individual to update knowledge and skills or be instructed in the technological advances which have occurred in the individual’s field of employment), deficiency courses, or other preparatory or special education or training courses necessary to enable the individual to pursue an approved program of education.”. (b) Post-Vietnam Era Veterans’ Educational Assistance Program.— Section 1641 is amended— (1) in subsection (a), by— (A) by inserting “(1)” after “(a)”; and (B) by adding at the end the following new paragraph: “(2) The Administrator may, without regard to the application to Regulations. this chapter of so much of the provisions of section 1671 of this title as prohibit the enrollment of an eligible veteran in a program of education in which the veteran is ‘already qualified’, and pursuant to such regulations as the Administrator shall prescribe, approve the enrollment of such individual in refresher courses (including courses which will permit such individual to update knowledge and skills or be instructed in the technological advances which have occurred in the individual’s field of employment), deficiency courses, or other preparatory or special education or training courses necessary to enable the individual to pursue an approved program of education.”; and (2) in subsection (b), by striking out “1691(a)(1)” and inserting in lieu thereof “1691(a) (other than clause (1))”. (c) Survivors’ and Dependents’ Educational Assistance Program.— Subsection (a) of section 1733 is amended to read as follows: “(a) (1) Any eligible person shall be entitled to the benefits provided an eligible veteran (with no dependents) under section 1691 (if pursued in a State) of this title. “(2) Educational assistance under this chapter for the first five months of full-time pursuit of a program (or the equivalent thereof in part-time educational assistance) consisting of such course or courses shall be provided without charge to entitlement.”. (d) Effective Date.— The amendments made by this section shall 38 USC 1434 note. take effect on August 15, 1989. SEC. 107. TUTORIAL ASSISTANCE. (a) Assistance Under the Montgomery GI Bill for Active-Duty Participants.— (1) Subchapter II of chapter 30 is amended by adding at the end the following new section (after the section added by section 103(a) of this Act): “§ 1419. Tutorial assistance “(a) An individual entitled to an educational assistance allowance under this chapter shall also be entitled to benefits provided an eligible veteran under section 1692 of this title, subject to the conditions applicable to an eligible veteran under such section. “(b) The amount of such benefits payable under this section may not exceed $100 per month, for a maximum of twelve months, or until a maximum of $1,200 is utilized. This amount is in addition to the amount of educational assistance allowance payable to the individual under this chapter. “(c) (1) An individual’s period of entitlement to educational assistance under this chapter shall be charged only with respect to the amount of tutorial assistance paid to the individual under this section in excess of $600. “(2) An individual’s period of entitlement to educational assistance under this chapter shall be charged at the rate of one month for each amount of assistance paid to the individual under this section in excess of $600 that is equal to the amount of the monthly educational assistance allowance which the individual is otherwise eligible to receive for full-time pursuit of an institutional course under this chapter.”. (2) Section 1435 is amended by adding at the end the following: “(e) Payments for tutorial assistance benefits under section 1419 of this title shall be made— “(1) in the case of the first $600 of such benefits paid to an individual, from funds appropriated, or otherwise available, to the Veterans’ Administration for the payment of readjustment benefits; and “(2) in the case of payments to an individual for such benefits in excess of $600, from— “(A) funds appropriated, or otherwise available, to the Veterans’ Administration for the payment of readjustment benefits; “(B) the Department of Defense Education Benefits Fund established under section 2006 of title 10; and “(C) funds appropriated to the Department of Transportation, in the same proportion as the Fund described in subclause (B) of this clause and the funds described in subclause (A) or (C) of this clause are used to pay the educational assistance allowance to the individual under this chapter.”. (3) The table of sections for subchapter II of chapter 30 is amended by adding the following new item (after the item added by section 103(c) of this Act): “1419. Tutorial assistance.”. (b) Post-Vietnam Era Educational Assistance Program.— (1) Subchapter III of chapter 32 is amended by inserting after section 1633 the following new section: “§ 1634. Tutorial assistance “(a) An individual entitled to benefits under this chapter shall also be entitled to the benefits provided an eligible veteran under section 1692 of this title, subject to the conditions applicable to an eligible veteran under such section. Any amount paid to an individual under this section shall be in addition to the amount of other benefits paid under this chapter. “(b) An individual’s period of entitlement to educational assistance under this chapter shall be charged only with respect to the amount of educational assistance paid to the individual under this section in excess of $600. “(c) An individual’s period of entitlement to educational assistance under this chapter shall be charged at the rate of one month for each amount of assistance paid to the individual under this section in excess of $600 that is equal to the amount of monthly educational assistance the individual is otherwise eligible to receive for full-time pursuit of an institutional course under this chapter. “(d) Payments of benefits under this section shall be made— “(1) in the case of the first $600 of such benefits paid to an individual, from funds appropriated, or otherwise available, to the Veterans’ Administration for the payment of readjustment benefits; and “(2) in the case of payments to an individual for such benefits in excess of $600, from the fund from contributions made to the fund by the veteran and by the Secretary of Defense in the same proportion as these contributions are used to pay other educational assistance to the individual under this chapter.”. (2) The table of sections for subchapter III of chapter 32 is amended by inserting after the item relating to section 1633 the following new item: “1634. tutorial assistance.”. (c) Increase in Maximum Tutorial Assistance Payments.— (1) Section 1692(b) is amended by striking out “$84” and “$1,008” and inserting in lieu thereof “$100” and “$1,200”, respectively. (2) (A) The heading of section 1692 is amended to read as follows: “§1692. Tutorial assistance”. (B) The item relating to section 1692 in the table of sections at the beginning of chapter 34 is amended to read as follows: “1692. Tutorial assistance.”. SEC. 108. COOPERATIVE TRAINING. (a) Montgomery GI Bill.— (1) Section 1402(3)(B) is amended— (A) by inserting “(i)” before “a full-time”; and (B) by inserting before the period at the end “, and (ii) a cooperative program (as defined in section 1682(a)(2) of this title)”. (2) Section 1432 is amended by adding at the end the following new subsection: “(d) (1) The amount of the monthly educational assistance allowance payable to an individual pursuing a cooperative program under this chapter shall be 80 percent of the monthly allowance otherwise payable to such individual under section 1415 and section 1422, if applicable, of this title. “(2) For each month that an individual is paid a monthly educational assistance allowance for pursuit of a cooperative program under this chapter, the individual s entitlement under this chapter shall be charge at the rate of 80 percent of a month.”. (b) Post-Vietnam-Era Veterans’ Educational Assistance Program.— (1) Section 1602(2)(B) is amended— (A) by inserting “(i)” after “includes”; and (B) by inserting after “of this title” the following: “, and (ii) in the case of an individual who is not serving on active duty, a cooperative program (as defined in section 1682(a)(2) of this title)”. (2) Section 1631 is amended by adding at the end the following new subsection: “(d) (1) The amount of the monthly benefit payment to an individual pursuing a cooperative program under this chapter shall be 80 percent of the monthly benefit otherwise payable to such individual (computed on the basis of the formula provided in subsection (a)(2) of this section). “(2) For each month that an individual is paid a monthly benefit payment for pursuit of a cooperative program under this chapter, the individual’s entitlement under this chapter shall be charged at the rate 80 percent of a month.’. (c) Effective Date.— The amendments made by this section shall take effect on January 1, 1989. SEC. 109. EXTENSION OF DELIMITING PERIODS BY REASON OF ALCOHOL CONDITIONS. Section 105 is amended by adding at the end the following new subsection: “(c) For the purposes of any provision relating to the extension of a delimiting period under any education-benefit or rehabilitation program administered by the Veterans’ Administration, the disabling effects of chronic alcoholism shall not be considered to be the result of willful misconduct.”. SEC. 110. MONTGOMERY GI BILL SELECTED RESERVE PROGRAM. (a) Payment for Less Than Half-Time Pursuit of a Program of Education.— Section 2131(b) of title 10, United States Code, is amended— (1) by striking out “and” at the end of clause (2); (2) by striking out the period at the end of clause (3) and inserting in lieu thereof “; and”; and (3) by inserting at the end the following new clause: “(4) an appropriately reduced rate, as determined under regulations which the Administrator of Veterans’ Affairs shall prescribe, for each month of less than half-time pursuit of a program. of education, except that no payment may be made to a person for less than half-time pursuit if tuition assistance is otherwise available to the person for such pursuit from the military department concerned.”. (b) Time of Eligibility.— Section 2132(b) of such title is amended to read as follows: “(b) Educational assistance may not be provided to a member under this chapter until the member has completed the initial period of active duty for training required of the member.”. SEC. 111. TECHNICAL AMENDMENTS. (a) Title 38 Amendments.— Title 38 is amended as follows: (1) Section 1402(3)(B) is amended by striking out “includes” and inserting in lieu thereof “in the case of an individual who is not serving on active duty, includes”. (2) (A) Section 1411(a)(1)(A)(i)(I) is amended by inserting “, as the individual’s initial obligated period of active duty,” after “serves”. (B) Section 1412(a)(1)(A)(i) is amended by inserting “, as the individual’s initial obligated period of active duty,” after “serves”. (3) Section 1411 is amended by adding the following new subsection at the end: “(d) (1) For purposes of this chapter, any period of service described in paragraph (2) of this subsection shall not be considered a part of an individual’s initial obligated period of active duty. “(2) The period of service referred to in paragraph (1) is any period terminated because of a defective enlistment and induction based on— “(A) the individual’s being a minor for purposes of service in the Armed Forces; “(B) an erroneous enlistment or induction; or “(C) a defective enlistment agreement.”. (4) Section 1413 is amended— (A) in subsection (a)(2)— (i) by striking out “In” and inserting in lieu thereof “Subject to section 1795 of this title and subsection (c) of this section, in”; and (ii) by striking out “active duty” and all that follows through the period and inserting in lieu thereof “continuous active duty served by such individual after June 30, 1985, as part of the individual’s initial obligated period of active duty in the case of an individual described in section 1411(a)(1)(B)(ii) (I) or (III) of this title, or in the case of an individual described in section 1411(a)(1)(B)(ii) (I) or (III) of this title, after June 30, 1985.”; and (B) in subsection (b)(1), by striking out “active duty” and all that follows through “title, and” and inserting in lieu thereof “continuous active duty served by such individual after June 30, 1985, as part of the individual’s initial obligated period of active duty in the case of an individual described in section 1412(a)(1)(A) of this title, or in the case of an individual described in section 1412(a)(1)(B) of this title, after June 30, 1985, and”. (5) (A) Section 1415(a) is amended by striking out “Subject” and all that follows through “except” and inserting in lieu thereof “The amount of payment of educational assistance under this chapter is subject to section 1432 of this title. Except”. (B) Section 1422(a) is amended by striking out “Subject” and all that follows through “except” and inserting in lieu thereof “The amount of payment of educational assistance under this chapter is subject to section 1432 of this title. Except”. (6) Section 1431(a) is amended by striking out “beginning on” and all that follows through the period and inserting in lieu thereof the following: “beginning on the date of such individual’s last discharge or release from active duty, except that such 10-year period shall begin— “(1) in the case of an individual who becomes entitled to such assistance under clause (A) or (B) of section 1412(a)(1) of this title, on the later of the date of such individual’s last discharge or release from active duty or the date on which the four-year requirement described in clause (A)(ii) or (B)(ii), respectively, of such section 1412(a)(1) is met; and “(2) in the case of an individual who becomes entitled to such assistance under section 1411(a)(1)(B), on the later of the date of such individual’s last discharge or release from active duty or January 1, 1990.’. (7) (A) Section 1432 is amended by adding at the end the following new subsection (after the subsection added by section 108(a)(2) of this Act): “(e) (1) (A) The amount of the educational assistance allowance payable under this chapter to an individual who enters into an agreement to pursue, and is pursuing, a program of education exclusively by correspondence is an amount equal to 55 percent of the established charge which the institution requires nonveterans to pay for the course or courses pursued by such individual. “(B) For purposes of this paragraph, the term ‘established charge’ means the lesser of— “(i) the chaise for the course or courses determined on the basis of the lowest extended time payment plan offered by the institution and approved by the appropriate State approving agency; or “(ii) the actual charge to the individual for such course or courses. “(2) Such allowance shall be paid quarterly on a pro rata basis for the lessons completed by the individual and serviced by the institution. “(3) In each case in which the rate of payment to an individual is determined under paragraph (1) of this subsection, the period of entitlement of such individual under this chapter shall be charged at the rate of one month for each payment of educational assistance to the individual that is equal to the amount of monthly educational assistance the individual would otherwise be eligible to receive for full-time pursuit of an institutional course under this chapter.”. (B) Section 1434 (as amended by section 106(a) of this Act) is amended— (i) in subsection (a)(1), by inserting “1786(a),” after “1780(g),”; (ii) by striking out subsection (c); and (iii) by redesignating subsection (d) as subsection (c). (8) Section 1432(c)(3) is amended— (A) by striking out “for” and inserting in lieu thereof “(A) Except as provided in subparagraph (B) of this paragraph, for”; (B) by redesignating clauses (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; and (C) by adding at the end the following new subparagraph: “(B) Any such charge to the individual’s entitlement shall be reduced proportionately in accordance with the reduction in payment under paragraph (2) of this subsection.”. (9) Section 1673(d) is amended— (A) by inserting “or under chapter 106 of title 10” before the period at the end of the first sentence; and (B) by inserting “or under chapter 106 of title 10” after “of this title” in the third sentence. (b) Chapter 106 Amendments.— Chapter 106 of title 10, United States Code, is amended as follows: (1) Section 2131(c)(2) is amended by inserting before the period at the end the following: “(or the equivalent thereof in part-time educational assistance)”. (2) Section 2132(a)(2) is amended— (A) by striking out “received” and inserting in lieu thereof “completed the requirements of”; and (B) by inserting before the semicolon the following: “, or in the case of an individual who reenlists or extends an enlistment as described in paragraph (1)(A) of this subsection, has completed such requirements at any time before such reenlistment or extension”. (3) Section 2132(c) is amended by adding the following sentence at the end: “At the request of the Administrator of Veterans’ Affairs, the Secretary of Defense shall transmit a notice of entitlement for each such person to the Administrator.”. (4) Section 2132(d) is amended to read as follows: “(d) An individual who serves in the Selected Reserve may not receive credit for such service under both the program established by chapter 30 of title 38 and the program established by this chapter but shall elect (in such form and manner as the Administrator of Veterans’ Affairs may prescribe) the program to which such service is to be credited.”. (5) Section 2133 is amended— (A) in subsection (a), by striking out “section” and inserting in lieu thereof “chapter”; (B) in subsection (b), by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, and by adding as paragraph (1) the following new paragraph: “(b) (1) In the case of a person separated from the Selected Reserve because of a disability which was not the result of the individual’s own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter, the period for using entitlement prescribed by subsection (a) shall be determined without regard to clause (2) of such subsection.”; and (C) in paragraph (2) of subsection (b), as redesignated by subparagraph (B) of this paragraph, strike out “1431(e)” and insert in lieu thereof “1431(f)”. (6) Section 2135 is amended— (A) in subsection (a)(1), by inserting “, and during which the member has received such assistance,” after “chapter”; and (B) by striking out clause (A) of subsection (b)(1) and inserting in lieu thereof the following: “(A) the number of months of obligated service the person has remaining under the agreement entered into under section 2131(a) of this title divided by the original number of months of such obligation; and”. Part B— Administrative and Miscellaneous Provisions SEC. 121. COURSE WITHDRAWALS. (a) In General.— Section 1780(a)(4) is amended by inserting after “circumstances” the following: “, except that, in the first instance of withdrawal by an eligible veteran or person from a course or courses with respect to which such veteran or person has been paid assistance under this title, mitigating circumstances shall be considered to exist with respect to courses totaling not more than six semester hours or the equivalent thereof”. (b) Effective Date.— The amendment made by subsection (a) shall apply so as to require that mitigating circumstances be considered to exist only with respect to withdrawals from a course or courses being pursued with assistance under title 38, United States Code, that occur on or after June 1, 1989. SEC. 122. EDUCATIONAL ASSISTANCE FOR CERTAIN INCARCERATED VETERANS UNDER THE POST-VIETNAM ERA VETERANS’ EDUCATIONAL ASSISTANCE PROGRAM. Section 1631 is amended by adding at the end the following new subsection (after the subsection added by section 108(b)(2) of this Act): “(a) (1) Subject to the provisions of paragraph (2) of this subsection, the amount of the educational assistance benefits paid to an eligible veteran who is pursuing a program of education under this chapter while incarcerated in a Federal, State, or local penal institution for conviction of a felony may not exceed the lesser of (A) such amount as the Administrator determines, in accordance with regulations which the Administrator shall prescribe, is necessary to cover the cost of established charges for tuition and fees required of similarly circumstanced nonveterans enrolled in the same program and the cost of necessary supplies, books, and equipment, or (B) the applicable monthly benefit payment otherwise prescribed in this section or section 1633 of this title. The amount of the educational assistance benefits payable to a veteran while so incarcerated shall be reduced to the extent that the tuition and fees of the veteran for any course are paid under any Federal program (other than a program administered by the Administrator) or under any State or local program. “(2) Paragraph (1) of this subsection shall not apply in the case of any veteran who is pursuing a program of education under this Chapter while residing in a halfway house or participating in a work-release program in connection with such veteran’s conviction of a felony.”. SEC. 123. VETERANS’ ADVISORY COMMITTEE ON EDUCATION. Section 1792(c) is amended by striking out “December 31, 1989” and inserting in lieu thereof “December 31, 1993”. SEC. 124. REPEAL OF EXPIRED PROGRAM OF ACCELERATED-PAYMENT LOANS. (a) Repeal.— Sections 1682A, 1686, 1737, and 1738 are repealed. (b) Conforming Amendments.— Section 1798 is amended— (1) by striking out “or person” each place it appears; (2) in subsection (a)(1)— (A) by striking out “and eligible person”; and (B) by inserting “(if the program of education is pursued in a State)” after “subchapter”; (3) in subsection (b)— (A) in paragraph (1), by striking out “or eligible person”; and (B) in paragraph (3), by striking out “or subchapter 11 of chapter 35, respectively,”; (4) in subsection (e)— (A) in paragraph (2), by striking out “or person’s”; and (B) by amending paragraph (3)(B) to read as follows: “(B) data regarding the default experience and default rate with respect to loans made under this section.”; (5) in subsection (f)— (A) by striking out paragraphs (1) and (3); and (B) by striking out “(2)”; and (6) in subsection (g)(2)(A)— (A) in the first sentence, by striking out “and eligible persons”; and (B) in the second sentence, by striking out “or eligible person”. (c) Clerical Amendments.— (1) The table of sections at the beginning of chapter 34 is amended by striking out the items relating to sections 1682A and 1686. (2) The table of sections at the beginning of chapter 35 is amended by striking out the items relating to sections 1737 and 1738. (3) The table of sections at the beginning of chapter 36 is amended by striking out the heading relating to subchapter III and inserting in lieu thereof the following: ”SUBCHAPTER III— EDUCATION LOANS”. (4) Chapter 36 is amended by striking out the heading for subchapter III and inserting in lieu thereof the following: ”SUBCHAPTER III— EDUCATION LOANS”.

6. 1988

   Veterans’ Benefits and Programs Improvement Act of 1988

   Pub. L. 100–689 § 106(a)(2) · 102 Stat. 4161

   1. Amended · 38 U.S.C. § 3034(a)(2)

      Pub. L. 100–689, § 106(a)(2), (3), designated existing second sentence, defining “eligible veteran”, as par. (2)

   2. Substituted · 38 U.S.C. § 3034(a)(2)

      Pub. L. 100–689, § 106(a)(2), (3), substituted “the provisions of the sections enumerated in paragraph (1) of this subsection” for “those provisions”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 100–689, § 106(a)(2), (3), designated existing second sentence, defining “eligible veteran”, as par. (2) and substituted “the provisions of the sections enumerated in paragraph (1) of this subsection” for “those provisions”.

   Enacted provision · exact public law section
   (2) by designating the second sentence as paragraph (2) thereof;

7. 1988

   Veterans’ Benefits and Programs Improvement Act of 1988

   Pub. L. 100–689 § 106(a)(4) · 102 Stat. 4161

   Added · 38 U.S.C. § 3034(a)(3)

   Pub. L. 100–689, § 106(a)(4), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 100–689, § 106(a)(4), added par. (3).

   Enacted provision · exact public law section
   (4) by adding at the end the following new paragraph: “(3) The Administrator may, without regard to the application to Regulations. this chapter of so much of the provisions of section 1671 of this title as prohibit the enrollment of an eligible veteran in a program of education in which the veteran is ‘already qualified’, and pursuant to such regulations as the Administrator shall prescribe, approve the enrollment of such individual in refresher courses (including courses which will permit such individual to update knowledge and skills or be instructed in the technological advances which have occurred in the individual’s field of employment), deficiency courses, or other preparatory or special education or training courses necessary to enable the individual to pursue an approved program of education.”.

8. 1988

   Veterans’ Benefits and Programs Improvement Act of 1988

   Pub. L. 100–689 § 111(a)(7)(B)(ii) · 102 Stat. 4161

   1. Redesignated · 38 U.S.C. § 3034(c); 38 U.S.C. § 3034(d)

      Pub. L. 100–689, § 111(a)(7)(B)(ii), (iii), redesignated subsec. (d) as (c)

   2. Struck · 38 U.S.C. § 3034(c); 38 U.S.C. § 3034(d)

      Pub. L. 100–689, § 111(a)(7)(B)(ii), (iii), struck out former subsec. (c) which read as follows: “When an eligible individual is pursuing a program of education under this chapter by correspondence, the individual’s entitlement under this chapter shall be charged at the rate of one month’s entitlement for each month of benefits paid to the individual.”

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 100–689, § 111(a)(7)(B)(ii), (iii), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “When an eligible individual is pursuing a program of education under this chapter by correspondence, the individual’s entitlement under this chapter shall be charged at the rate of one month’s entitlement for each month of benefits paid to the individual.”

   Enacted provision · exact public law section
   (ii) by striking out subsection (c); and

9. 1989

   Veterans Education and Employment Amendments of 1989

   Pub. L. 101–237 § 423(a)(6)(A) · 103 Stat. 2062

   Inserted · 38 U.S.C. § 3034(a)(1)

   Pub. L. 101–237, § 423(a)(6)(A), inserted “1780(f),” after “1780(c),”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 101–237, § 423(a)(6)(A), inserted “1780(f),” after “1780(c),”.

   Enacted provision · exact public law section
   (A) in subsection (a)(1), by inserting “1780(f),” after “1780(c),”; and

10. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 415(b)(1) · 103 Stat. 2062

    Struck · 38 U.S.C. § 3034(a)(1)

    Pub. L. 101–237, § 415(b)(1), struck out “1780(g),” after “1780(c),”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–237, § 415(b)(1), struck out “1780(g),” after “1780(c),”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1), by striking out “1780(g),”;

11. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 423(b)(1)(A) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3034(a)(3)

    Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and

12. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 423(a)(5)(A) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3034(a)(3)

    Pub. L. 101–237, § 423(a)(5)(A), substituted “employment during and since the period of such veteran’s active military service)” for “employment)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–237, § 423(a)(5)(A), substituted “employment during and since the period of such veteran’s active military service)” for “employment)”.

    Enacted provision · exact public law section
    (A) Section 1434(a)(3) is amended by striking out “employment)” and inserting in lieu thereof “employment during and since the period of such veteran’s active military service)”.

13. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 415(b)(2) · 103 Stat. 2062

    1. Redesignated · 38 U.S.C. § 3034(b)

       Pub. L. 101–237, § 415(b)(2), (3), redesignated subsec. (c) as (b)

    2. Struck · 38 U.S.C. § 3034(b)

       Pub. L. 101–237, § 415(b)(2), (3), struck out former subsec. (b) which read as follows: “The Administrator may, pursuant to regulations which the Administrator shall prescribe, determine and define enrollment in, pursuit of, and attendance at, any program of education by an individual enrolled in or pursuing a program of education under this chapter for any period for which the individual receives educational assistance under this chapter. Subject to such reports and proof as the Administrator may require to show an individual’s enrollment in and satisfactory pursuit of such individual’s program, the Administrator may withhold payment of benefits to such individual until the required proof is received and the amount of the payment is appropriately adjusted.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–237, § 415(b)(2), (3), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “The Administrator may, pursuant to regulations which the Administrator shall prescribe, determine and define enrollment in, pursuit of, and attendance at, any program of education by an individual enrolled in or pursuing a program of education under this chapter for any period for which the individual receives educational assistance under this chapter. Subject to such reports and proof as the Administrator may require to show an individual’s enrollment in and satisfactory pursuit of such individual’s program, the Administrator may withhold payment of benefits to such individual until the required proof is received and the amount of the payment is appropriately adjusted.”

    Enacted provision · exact public law section
    (2) by striking out subsection (b); and

14. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 423(a)(6)(B) · 103 Stat. 2062

    Added · 38 U.S.C. § 3034(c)

    Pub. L. 101–237, § 423(a)(6)(B), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–237, § 423(a)(6)(B), added subsec. (c).

    Enacted provision · exact public law section
    (B) by inserting after subsection (b), as redesignated by section 415(b)(3), the following new subsection: “(c) Payment of educational assistance allowance in the case of an eligible individual pursuing a program of education under this chapter on less than a half-time basis shall be made in a lump-sum amount for the entire quarter, semester, or term not later than the last day of the month immediately following the month in which certification is received from the educational institution that such individual has enrolled in and is pursuing a program at such institution. Such lump-sum payment shall be computed at the rate determined under section 1432(b) of this title.”.

15. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 415(b)(3) · 103 Stat. 2062

    Redesignated · 38 U.S.C. § 3034(c)

    Pub. L. 101–237, § 415(b)(3), redesignated subsec. (c) as (b)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–237, § 415(b)(3), redesignated subsec. (c) as (b).

    Enacted provision · exact public law section
    (3) by redesignating subsection (c) as subsection (b).

16. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 422(a)(1) · 103 Stat. 2062

    Added · 38 U.S.C. § 3034(d)

    Pub. L. 101–237, § 422(a)(1), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–237, § 422(a)(1), added subsec. (d).

    Enacted provision · exact public law section
    (1) Section 1434 is amended by inserting after subsection (c), as added by section 423(a)(6)(B), the following new subsection: “(d) (1) The Secretary may approve the pursuit of flight training (in addition to a course of flight training that may be approved under section 1673(b) of this title) by an individual entitled to basic educational assistance under this chapter if— “(A) such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation; “(B) the individual possesses a valid private pilot’s license and meets the medical requirements necessary for a commercial pilot’s license; and “(C) the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the Federal Aviation Administration and the State approving agency. “(2) This subsection shall not apply to a course of flight training that commences on or after October 1, 1994.”.

17. 1991

    Pub. L. 102–16 § 2(b)(2) · 105 Stat. 48

    Struck · 38 U.S.C. § 3034(a)(1)

    Pub. L. 102–16 struck out “1663,” before “1670,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–16 struck out “1663,” before “1670,”.

    Enacted provision · exact public law section
    (2) Sections 1434(a)(1) and 1641(a)(1) of such title are amended by striking out “1663,”.

18. 1991

    Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 3034

    Pub. L. 102–83, § 5(a), renumbered section 1434 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1434 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

19. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 3034(a)(1)

       Pub. L. 102–83, § 5(c)(1), substituted “3470, 3471, 3473, 3474, 3476, 3482(g), 3483, and 3485” for “1670, 1671, 1673, 1674, 1676, 1682(g), 1683, and 1685”

    2. Substituted · 38 U.S.C. § 3034(a)(1)

       Pub. L. 102–83, § 5(c)(1), substituted “3680(c), 3680(f), 3686(a), and 3687” for “1780(c), 1780(f), 1786(a), and 1787”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–83, § 5(c)(1), substituted “3470, 3471, 3473, 3474, 3476, 3482(g), 3483, and 3485” for “1670, 1671, 1673, 1674, 1676, 1682(g), 1683, and 1685” and “3680(c), 3680(f), 3686(a), and 3687” for “1780(c), 1780(f), 1786(a), and 1787”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

20. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3034(a)(3)

    Pub. L. 102–83, § 5(c)(1), substituted “3471” for “1671”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 102–83, § 5(c)(1), substituted “3471” for “1671”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

21. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3034(c)

    Pub. L. 102–83, § 5(c)(1), substituted “3032(b)” for “1432(b)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3032(b)” for “1432(b)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

22. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3034(d)(1)

    Pub. L. 102–83, § 5(c)(1), substituted “3473(b)” for “1673(b)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 102–83, § 5(c)(1), substituted “3473(b)” for “1673(b)” in introductory provisions.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

23. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 313(a)(4)(A) · 106 Stat. 4320

    Struck · 38 U.S.C. § 3034(a)(1)

    Pub. L. 102–568, § 313(a)(4)(A), struck out “3473,” after “3471,”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–568, § 313(a)(4)(A), struck out “3473,” after “3471,”.

    Enacted provision · exact public law section
    (A) in subsection (a)(1), by striking out “3473,”; and

24. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 313(a)(4)(B) · 106 Stat. 4320

    Substituted · 38 U.S.C. § 3034(d)(1)

    Pub. L. 102–568, § 313(a)(4)(B), substituted “3680A(b)” for “3473(b)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 102–568, § 313(a)(4)(B), substituted “3680A(b)” for “3473(b)” in introductory provisions.

    Enacted provision · exact public law section
    (B) in subsection (d)(1), by striking out “3473(b)” and inserting in lieu thereof “3680A(b)”.

25. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title VI § 601(a) · 108 Stat. 4645

    1. Struck · 38 U.S.C. § 3034(d)

       Pub. L. 103–446 struck out “(1)” before “The Secretary may approve”

    2. Redesignated · 38 U.S.C. § 3034(d)

       Pub. L. 103–446 redesignated subpars. (A) to (C) as pars. (1) to (3), respectively

    3. Struck · 38 U.S.C. § 3034(d)

       Pub. L. 103–446 struck out former par. (2) which read as follows: “This subsection shall not apply to a course of flight training that commences on or after October 1, 1994.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 103–446 struck out “(1)” before “The Secretary may approve”, redesignated subpars. (A) to (C) as pars. (1) to (3), respectively, and struck out former par. (2) which read as follows: “This subsection shall not apply to a course of flight training that commences on or after October 1, 1994.”

    Enacted provision · exact public law section
    (a) Active Duty Program.— Section 3034(d) is amended— (1) by striking out paragraph (2); (2) by striking out “(1)” after “(d)”; and (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively.

26. 1998

    Pub. L. 105–368 § 204(a) · 112 Stat. 3315

    1. Substituted · 38 U.S.C. § 3034(d)(2)

       Pub. L. 105–368, § 204(a), substituted “pilot certificate” for “pilot’s license” in two places

    2. Inserted · 38 U.S.C. § 3034(d)(2)

       Pub. L. 105–368, § 204(a), inserted “, on the day the individual begins a course of flight training,” after “meets”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 105–368, § 204(a), substituted “pilot certificate” for “pilot’s license” in two places and inserted “, on the day the individual begins a course of flight training,” after “meets”.

    Enacted provision · exact public law section
    (a) Title 38, United States Code.— Sections 3034(d)(2) and 3241(b)(2) are each amended— (1) by striking “pilot’s license” each place it appears and inserting “pilot certificate”; and (2) by inserting “, on the day the individual begins a course of flight training,” after “meets”.

27. 1998

    Pub. L. 105–368 § 206(a) · 112 Stat. 3315

    Added · 38 U.S.C. § 3034(e)

    Pub. L. 105–368, § 206(a), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–368, § 206(a), added subsec. (e).

    Enacted provision · exact public law section
    (a) Expansion of Education Outreach Services to Members of the Armed Forces.— Section 3034 is amended by adding at the end the following new subsection: “(e) (1) In the case of a member of the Armed Forces who participates in basic educational assistance under this chapter, the Secretary shall furnish the information described in paragraph (2) to each such member. The Secretary shall furnish such information as soon as practicable after the basic pay of the member has been reduced by $1,200 in accordance with section 3011(b) or 3012(c) of this title and at such additional times as the Secretary determines appropriate. “(2) The information referred to in paragraph (1) is information with respect to the benefits, limitations, procedures, eligibility requirements (including time-in-service requirements), and other important aspects of the basic educational assistance program under this chapter, including application forms for such basic educational assistance under section 5102 of this title. “(3) The Secretary shall furnish the forms described in paragraph (2) and other educational materials to educational institutions, training establishments, and military education personnel, as the Secretary determines appropriate. “(4) The Secretary shall use amounts appropriated for readjustment benefits to carry out this subsection and section 5102 of this title with respect to application forms under that section for basic educational assistance under this chapter.”.

28. 2011

    Post-9/11 Veterans Educational Assistance Improvements Act of 2010

    Pub. L. 111–377 title II § 203(a)(2)(A) · 124 Stat. 4106

    Amended · 38 U.S.C. § 3034(d)(3)

    Pub. L. 111–377 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the Federal Aviation Administration and the State approving agency.”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 111–377 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the Federal Aviation Administration and the State approving agency.”

    Enacted provision · exact public law section
    (A) Paragraph (3) of section 3034(d) is amended to read as follows: “(3) the flight school courses are approved by the Federal Aviation Administration and are offered by a certified pilot school that possesses a valid Federal Aviation Administration pilot school certificate.” .

    Effective date note
    Pub. L. 111–377, title II, § 203(e), Jan. 4, 2011, 124 Stat. 4126, provided that: “The amendments made by this section [amending this section and sections 3671 to 3673, 3675, 3679, and 3689 of this title] shall take effect on August 1, 2011.”

34 of 38 references resolved to an enrolled provision · 4 partial