§ 3681. Limitations on educational assistance

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. 1966

   Veterans

   Pub. L. 89–358 § 3(b) · 80 Stat. 12

   Enacted · 38 U.S.C. § 3681

   Added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 21, § 1781

   Source evidence

   Code source credit
   Added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 21, § 1781

   Enacted provision · exact public law section
   (b) Title 38 of the United States Code is further amended by adding immediately following section 1778, the following new subchapter: “Subchapter II— Miscellaneous Provisions “§1781. Nonduplication of benefits “No educational assistance allowance or special training allowance shall be paid on behalf of any eligible person or veteran under chapter 34 or 35 of this title for any period during which such person or Ante, p. 12. veteran is enrolled in and pursuing a program of education or course paid for by the United States under any provision of law other than such chapters, where the payment of an allowance would constitute a duplication of benefits paid from the Federal Treasury to the eligible person or veteran or to his parent or guardian in his behalf. “§1782. Control by agencies of the United States “No department, agency, or officer of the United States, in carrying out this chapter, shall exercise any supervision or control, whatsoever, over any State approving agency, or State educational agency, or any educational institution. Nothing in this section shall be deemed to prevent any department, agency, or officer of the United States from exercising any supervision or control which such department, agency., or officer is authorized by law to exercise over any Federal educational institution or to prevent the furnishing of education Ante, p. 12. under chapter 34 or 35 of this title in any institution over which supervision or control is exercised by such other department, agency, or officer under authority of law. “§1783. Conflicting interests “(a) Every officer or employee of the Veterans’ Administration who has, while such an officer or employee, owned any interest in, or received any wages, salary, dividends, profits, gratuities, or services from, any educational institution operated for profit in which an eligible person or veteran was pursuing a program of education or course under chapter 34 or 35 shall be immediately dismissed from his office or employment. “(b) If the Administrator finds that any person who is an officer or employee of a State approving agency has, while he was such an officer or employee, owned any interest in, or received any wages, salary, dividends, profits, gratuities, or services from, an educational institution operated for profit in which an eligible person or veteran was pursuing a program of education or course under chapter 34 or 35 of this title, he shall discontinue making payments under section 1774 of this title to such State approving agency unless such agency shall, without delay, take such steps as may be necessary to terminate the employment of such person and such payments shall not be resumed while such person is an officer or employee of the State approving agency, or State department of veterans’ affairs or State department of education. “(c) A State approving agency shall not approve any course offered by an educational institution operated for profit, and, if any such course has been approved, shall disapprove each such course, if it finds that any officer or employee of the Veterans’ Administration or the State approving agency owns an interest in, or receives any wages, salary, dividends, profits, gratuities, or services from, such institution. “(d) The Administrator may, after reasonable notice and public hearings, waive in writing the application of this section in the case of any officer or employee of the Veterans’ Administration or of a State approving agency, if he finds that no detriment will result to the United States or to eligible persons or veterans by reasons of such interest or connection of such officer or employee. “§1784. Reports by institutions “Educational institutions shall, without delay, report to the Administrator in the form prescribed by him, the enrollment, interruption, and termination of the education of each eligible person or veteran enrolled therein under chapter 34 or 35. “§1785. Overpayments to eligible persons or veterans “Whenever the Administrator finds that an overpayment has been made to an eligible person or veteran as the result of (1) the willful or negligent failure of an educational institution to report, as required by chapter 34 or 35 of this title and applicable regulations, to the Veterans’ Administration excessive absences from a course, or discontinuance or interruption of a course by the eligible person or veteran, or (2) false certification by an educational institution, the amount of such overpayment shall constitute a liability of such institution, and may be recovered in the same manner as any other debt due the United States. Any amount so collected shall be reimbursed if the overpayment is recovered from the eligible person or veteran. This section shall not preclude the imposition or any civil or criminal liability under this or any other law. “§1786. Examination of records “The records and accounts of educational institutions pertaining to eligible persons or veterans who received education under chapter 34 or 35 of this title shall be available for examination by duly authorized Ante, p 12. representatives of the Government. “§1787. False or misleading statements “Whenever the Administrator finds that an educational institution has willfully submitted a false or misleading claim, or that a person or veteran, with the complicity of an educational institution, has submitted such a claim, he shall make a complete report of the facts of the case to the appropriate State approving agency and, where deemed advisable, to the Attorney General of the United States for appropriate action. “§1788. Advisory committee “There shall be an advisory committee formed by the Administrator which shall be composed of persons who are eminent in their respective fields of education, labor, and management, and of representatives of the various types of institutions and establishments furnishing vocational rehabilitation under chapter 31 of this title or education 38 USC 1501 et seq. to eligible persons or veterans enrolled under chapter 34 or 35 of this title. The Commissioner of Education and the Administrator, Manpower Administration, Department of Labor, shall be ex officio members of the advisory committee. The Administrator shall advise and consult with the committee from time to time with respect to the administration of this chapter and chapters 31, 34, and 35 of this title, and the committee may make such reports and recommendations as it deems desirable to the Administrator and to the Congress. “§1789. Institutions listed by Attorney General “The Administrator shall not approve the enrollment of, or payment of an additional assistance allowance to, any eligible veteran or eligible person under chapter 34 or 35 of this title in any course in an educational institution while it is listed by the Attorney General under section 12 of Executive Order 10450. 18 F.R. 2489. 5 USC 631 note. “§1790. Use of other Federal agencies “In carrying out his functions under this chapter or chapter 34 or 35 of this title, the Administrator may utilize the facilities and services of any other Federal department or agency. Any such utilization shall be pursuant to proper agreement with the Federal department or agency concerned; and payment to cover the cost thereof shall be made either in advance or by way of reimbursement, as may be provided in such agreement.”

2. 1970

   Veterans Education and Training Amendments Act of 1970

   Pub. L. 91–219 title II § 213(1) · 84 Stat. 76

   Substituted · 38 U.S.C. § 3681

   Pub. L. 91–219 substituted “Limitations on educational assistance” for “Nonduplication of benefits” as section catchline and limited duplication of benefits bar to cases of persons on active duty with Armed Forces or Public Health Service whose education or training costs are being paid by Federal Government and persons receiving education or training under Government Employees’ Training Act being paid their full salary during that period

   Source evidence

   Code amendment note
   Pub. L. 91–219 substituted “Limitations on educational assistance” for “Nonduplication of benefits” as section catchline and limited duplication of benefits bar to cases of persons on active duty with Armed Forces or Public Health Service whose education or training costs are being paid by Federal Government and persons receiving education or training under Government Employees’ Training Act being paid their full salary during that period.

   Enacted provision · exact public law section
   (1) by deleting section 1781 of subchapter II in its entirety and inserting in lieu thereof the following: “§ 1781. Limitations on educational assistance “No educational assistance allowance or special training allowance granted under chapter 34 or 35 of this title shall be paid to any eligible person (1) who is on active duty and is pursuing a course of education which is being paid for by the Armed Forces (or by the Department of Health, Education, and Welfare in the case of the Public Health Service); or (2) who is attending a course of education or 80 Stat. 432. 5 USC 4101–4118. training paid for under the Government Employees’ Training Act and whose full salary is being paid to him while so training.”; and

3. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 title IV § 403(8) · 86 Stat. 1074

   Substituted · 38 U.S.C. § 3681

   Pub. L. 92–540 substituted “granted under chapter 34, 35, or 36” for “or special training allowance granted under chapter 34 or 35”

   Source evidence

   Code amendment note
   Pub. L. 92–540 substituted “granted under chapter 34, 35, or 36” for “or special training allowance granted under chapter 34 or 35”.

   Enacted provision · exact public law section
   (8) striking out “or special training allowance granted under chapter 34 or 35” and inserting in lieu thereof “granted under chapter 34, 35, or 36” in section 1781;

4. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 title V § 513(a)(13) · 90 Stat. 2383

   Substituted · 38 U.S.C. § 3681

   Pub. L. 94–502 substituted “such person” for “him”

   Source evidence

   Code amendment note
   Pub. L. 94–502 substituted “such person” for “him”.

   Enacted provision · exact public law section
   (13) by striking out in section 1781 “him” and inserting in lieu 38 USC 1781. thereof “such person”;

5. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 title I § 102 · 94 Stat. 2171

   1. Inserted · 38 U.S.C. § 3681

      Pub. L. 96–466 inserted “, or subsistence allowance granted under chapter 31,” after “chapter 34, 35, or 36”

   2. Substituted · 38 U.S.C. § 3681

      Pub. L. 96–466 substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”

   Source evidence

   Code amendment note
   Pub. L. 96–466 inserted “, or subsistence allowance granted under chapter 31,” after “chapter 34, 35, or 36” and substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”.

   Enacted provision · exact public law section
   Sec. 102. limitation on payment of subsistence allowance Section 1781 is amended by inserting a comma and “or 38 USC 1781. subsistence allowance granted under chapter 31,” after “36”.

6. 1982

   Pub. L. 97–295 § 4(53) · 96 Stat. 1287

   Substituted · 38 U.S.C. § 3681

   Pub. L. 97–295 substituted “chapter 41 of title 5” for “the Government Employees’ Training Act”

   Source evidence

   Code amendment note
   Pub. L. 97–295 substituted “chapter 41 of title 5” for “the Government Employees’ Training Act”.

   Enacted provision · exact public law section
   (53) Section 1781 is amended by striking out “the Government 38 USC 1781. Employees’ Training Act” and substituting “chapter 41 of title 5”.

7. 1984

   Veterans’ Compensation and Program Improvements Amendments of 1984

   Pub. L. 98–223 § 203(c)(1)(A) · 98 Stat. 37

   Amended · 38 U.S.C. § 3681(a)

   Pub. L. 98–223, § 203(c)(1)(A), designated existing provisions as subsec. (a)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–223, § 203(c)(1)(A), designated existing provisions as subsec. (a).

   Enacted provision · exact public law section
   (A) by inserting “(a)” before “No educational”; and

8. 1984

   Veterans’ Compensation and Program Improvements Amendments of 1984

   Pub. L. 98–223 § 203(c)(1)(B) · 98 Stat. 37

   Added · 38 U.S.C. § 3681(b)

   Pub. L. 98–223, § 203(c)(1)(B), added subsec. (b)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–223, § 203(c)(1)(B), added subsec. (b).

   Enacted provision · exact public law section
   (B) by adding at the end the following new subsection: “(b) No person may receive benefits concurrently under two or more of the provisions of law listed below for the pursuit of the same program of education: “(1) Chapters 31, 32, 34,35, and 36 of this title. 38 USC 1501 et seq., 1601 et seq., 1651 et seq., 1700 et seq., 1770 et seq. 10 USC 2141 et seq. “(2) Chapter 107 of title 10. “(3) Section 903 of the Department of Defense Authorization Act, 1981 (Public Law 96–342, 10 U.S.C. 2141 note). “(4) The Hostage Relief Act of 1980 (Public Law 96–449, 5 U.S.C. 5561 note).”.

9. 1984

   Veterans’ Educational Assistance Act of 1984

   Pub. L. 98–525 § 703(c)(1)(A) · 98 Stat. 2492

   1. Inserted · 38 U.S.C. § 3681(a)

      Pub. L. 98–525, § 703(c)(1)(A)–(C), inserted initial reference to chapter 30 of this title

   2. Inserted · 38 U.S.C. § 3681(a)

      Pub. L. 98–525, § 703(c)(1)(A)–(C), inserted references to chapters 106 and 107 of title 10

   3. Struck · 38 U.S.C. § 3681(a)

      Pub. L. 98–525, § 703(c)(1)(A)–(C), struck out comma after “chapter 31”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–525, § 703(c)(1)(A)–(C), inserted initial reference to chapter 30 of this title, inserted references to chapters 106 and 107 of title 10, and struck out comma after “chapter 31”.

   Enacted provision · exact public law section
   (A) by inserting “30,” after “chapter” the first place it appears;

10. 1984

    Veterans’ Educational Assistance Act of 1984

    Pub. L. 98–525 § 703(c)(2) · 98 Stat. 2492

    Inserted · 38 U.S.C. § 3681(b)

    Pub. L. 98–525, § 703(c)(2), inserted reference to chapter 30 of this title in par. (1)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–525, § 703(c)(2), inserted reference to chapter 30 of this title in par. (1).

    Enacted provision · exact public law section
    (2) by inserting “30,” in subsection (b)(1) after “Chapters”.

11. 1986

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

    1. Struck · 38 U.S.C. § 3681(b)

       Pub. L. 99–576 struck out “for the pursuit of the same program of education” after “provisions of law listed below” in introductory text

    2. Substituted · 38 U.S.C. § 3681(b)

       Pub. L. 99–576 substituted “Chapters 106 and 107” for “Chapter 107” in par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–576 struck out “for the pursuit of the same program of education” after “provisions of law listed below” in introductory text and substituted “Chapters 106 and 107” for “Chapter 107” in par. (2).

    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.”.

12. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 title IV § 423(a)(8)(A) · 103 Stat. 2062

    Added · 38 U.S.C. § 3681(b)(5)

    Pub. L. 101–237 added par. (5)

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 101–237 added par. (5).

    Enacted provision · exact public law section
    (A) Section 1781(b) is amended by adding at the end the following: “(5) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99–399).”.

13. 1991

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

    Changed · 38 U.S.C. § 3681

    Pub. L. 102–83 renumbered section 1781 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83 renumbered section 1781 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.

14. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 title III § 315 · 106 Stat. 4320

    Struck · 38 U.S.C. § 3681(a)(2)

    Pub. L. 102–568 struck out before period at end “and whose full salary is being paid to such person while so training”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 102–568 struck out before period at end “and whose full salary is being paid to such person while so training”.

    Enacted provision · exact public law section
    SEC. 315. BAR OF ASSISTANCE FOR PERSONS WHOSE EDUCATION IS PAID FOR AS FEDERAL EMPLOYEE TRAINING. Section 3681(a) is amended by striking out “and whose full salary is being paid to such person while so training”.

15. 2011

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

    Pub. L. 111–377 title II § 202(b) · 124 Stat. 4106

    Inserted · 38 U.S.C. § 3681(b)(2)

    Pub. L. 111–377 inserted “and section 510” after “and 107”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 111–377 inserted “and section 510” after “and 107”.

    Enacted provision · exact public law section
    (b) Limitation on Concurrent Receipt of Educational Assistance.— Section 3681(b)(2) is amended by inserting “and section 510” after “and 107”.

    Effective date note
    Amendment by Pub. L. 111–377 effective Aug. 1, 2011, see section 202(c) of Pub. L. 111–377, set out as a note under section 3322 of this title.

17 of 19 references resolved to an enrolled provision · 2 partial