Imágenes de páginas
PDF
EPUB

SUBCHAPTER I.-PURPOSE-DEFINITIONS

§ 1652. Definitions.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1786, 1787 of this title.

SUBCHAPTER II.-ELIGIBILITY AND

ENTITLEMENT

§ 1661. Eligibility; entitlement; duration.

(a) Except as provided in subsection (c) and in the second sentence of this subsection, each eligible veteran shall be entitled to educational assistance under this chapter or chapter 36 for a period of one and one-half months (or the equivalent thereof in part-time educational assistance) for each month or fraction thereof of his service on active duty after January 31, 1955. If an eligible veteran has served a period of 18 months or more on active duty after January 31, 1955, and has been released from such service under conditions that would satisfy his active duty obligations, he shall be entitled to educational assistance under this chapter for a period of 36 months (or the equivalent thereof in part-time educational assistance).

(As amended Pub. L. 92-540, title IV, § 401(1), Oct. 24, 1972, 86 Stat. 1089.)

AMENDMENTS

1962 Subsec. (a). Pub. L. 92-540 added reference to chapter 36.

SUBCHAPTER III.-ENROLLMENT

§ 1671. Applications; approval.

Any eligible veteran, or any person on active duty (after consultation with the appropriate service education officer), who desires to initiate a program of education under this chapter shall submit an application to the Administrator which shall be in such form, and contain such information, as the Administrator shall prescribe. The Administrator shall approve such application unless he finds that such veteran or person is not eligible for or entitled to the educational assistance applied for, or that his program of education fails to meet any of the requirements of this chapter, or that he is already qualified. The Administrator shall notify the veteran or person of the approval or disapproval of his application. (As amended Pub. L. 92-540, title III, § 302, Oct. 24, 1972, 86 Stat. 1080.)

AMENDMENTS

1972-Pub. L. 92-540 added provision authorizing any person on active duty, after consultation with the appropriate service education officer, to submit an application to the Administrator.

§ 1672. Repealed. Pub. L. 92-540, title IV, § 401 (6), Oct. 24, 1972, 86 Stat. 1090.

Section, Pub. L. 89-358, § 2, Mar. 3, 1966, 80 Stat. 15, related to change of program by the veteran. See section 1791 of this title.

§ 1673. Disapproval of enrollment in certain courses.

(d) The Administrator shall not approve the enrollment of any eligible veteran, not already enrolled, in any nonaccredited course below the college level

offered by a proprietary profit or proprietary nonprofit educational institution for any period during which the Administrator finds that more than 85 per centum of the students enrolled in the course are having all or part of their tuitions, fees, or other charges paid to or for them by the educational institution or the Veterans' Administration under this chapter or chapter 31, 34,1 or 36 of this title. (As amended Pub. L. 92-540, title IV, § 401(2), Oct. 24, 1972, 86 Stat. 1090.)

[blocks in formation]

(b) Each eligible veteran who is pursuing a program of education consisting exclusively of flight training approved as meeting the requirements of subsection (a) hereof, shall be paid an educational assistance allowance to be computed at the rate of 90 per centum of the established charges for tuition and fees which similarly circumstanced non-veterans enrolled in the same flight course are required to pay. Such allowance shall be paid monthly upon receipt of a certification as required by section 1681 (c) of this title. In each such case the eligible veteran's period of entitlement shall be charged with one month for each $220 which is paid to the veteran as an educational assistance allowance for such course. (As amended Pub. L. 92-540, title I, § 102(1), title IV, § 401(3), Oct. 24, 1972, 86 Stat. 1075, 1090.)

AMENDMENTS

1972-Subsec. (b). Pub. L. 92-540 substituted provisions relating to certification as required by section 1681 (c) of this title, for provisions relating to certification from the eligible veteran and the institution as to actual flight training received by the veteran during such month and the cost thereof, and "$220" for "$175".

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by section 102(1) of Pub. L. 92-540 effective Oct. 1, 1972, except for those veterans and eligible persons in training on Oct. 24, 1972, see section 601 (a) of Pub. L. 92-540, set out as a note under section 1502 of this title.

SUBCHAPTER IV.-PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT SERVICES

AMENDMENTS

1972-Pub. L. 92-540, title IV, § 404 (b), Oct. 24, 1972, 86 Stat. 1091, added in Subchapter IV heading "; VeteranStudent Services".

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 1780 of this title.

§ 1681. Educational assistance allowance.

General

(a) The Administrator shall, in accordance with the applicable provisions of this section and section

1 So in original. Probably should read 35.

1780 of this title, pay to each eligible veteran who is pursuing a program of education under this chapter an educational assistance allowance to meet, in part, the expenses of his subsistence, tuition, fees, supplies, books, equipment, and other educational costs.

Institutional Training

(b) The educational assistance allowance of an eligible veteran pursuing a program of education, other than a program exclusively by correspondence or a program of flight training, at an educational institution shall be paid as provided in section 1780 of this title.

Flight Training

(c) No educational assistance allowance for any month shall be paid to an eligible veteran who is pursuing a program of education consisting exclusively of flight training until the Administrator shall have received a certification from the eligible veteran and the institution as to actual flight training received by, and the cost thereof to, the veteran during that month. (As amended Pub. L. 92-540, title II, § 202, Oct. 24, 1972, 86 Stat. 1079.)

AMENDMENTS

1972-Subsec. (a). Pub. L. 92-540 added subsec. catchline "General" and provisions requiring allowances to be paid in accordance with the applicable provisions of this section and section 1780 of this title.

Subsec. (b). Pub. L. 92-540 added subsec. catchline "Institutional Training", and substituted provisions requiring allowances of an eligible veteran pursuing a program of education, other than a program exclusively by correspondence or a program of flight training, at an educational institution to be paid as provided in section 1780 of this title, for provisions requiring allowances of an eligible veteran to be paid, as provided in section 1682 of this title, only for the period of his enrollment as approved by the Administrator, but limiting such payments to veterans meeting certain specified requirements while pursuing standard college degrees.

Subsec. (c). Pub. L. 92-540 added subsec. catchline "Flight Training", and substituted provisions relating to the payment of allowances to eligible veterans pursuing a program of education consisting exclusively of flight training, for provisions authorizing the Administrator to prescribe regulations to determine enrollment in, pursuit of, and attendance at, any program of education or course by an eligible veteran.

Subsec. (d). Pub. L. 92-540 struck out subsec. (d), which related to certification to the Administrator from the eligible veteran as to his actual attendance or completion of lessons by correspondence, and from the educational institution that such veteran was enrolled in and pursuing a course of education during such period or completion of lessons by correspondence by the veteran and serviced by the institution.

Subsec. (e). Pub. L. 92-540 struck out subsec. (e), which related to the prompt payment of the educational assistance allowance to the veteran.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1677, 1691 of this title.

§ 1682. Computation of educational assistance allow

ances.

(a) (1) Except as provided in subsection (b), or (c) of this section, or section 1677 or 1683 of this title, while pursuing a program of education under this chapter of half-time or more, each eligible vet

[blocks in formation]

(b) The educational assistance allowance of an individual pursuing a program of education—

(1) while on active duty, or

(2) on less than a half-time basis,

shall be computed at the rate of (A) the established charges for tuition and fees which the institution requires similarly circumstanced nonveterans enrolled in the same program to pay, or (B) $220 per month for a full-time course, whichever is the lesser. (c) (1) An eligible veteran who is enrolled in an educational institution for a "farm cooperative" program consisting of institutional agricultural courses prescheduled to fall within 44 weeks of any period of 12 consecutive months and who pursues such program on

(A) a full-time basis (a minimum of ten clock hours per week or four hundred and forty clock hours in such year prescheduled to provide not less than eighty clock hours in any three-month period),

(B) a three-quarter-time basis (a minimum of 7 clock hours per week), or

(C) a half-time basis (a minimum of 5 clock hours per week)

shall be eligible to receive an educational assistance allowance at the appropriate rate provided in the table in paragraph (2) of this subsection, if such eligible veteran is concurrently engaged in agricultural employment which is relevant to such institutional agricultural courses as determined under standards prescribed by the Administrator. In computing the foregoing clock hour requirements there shall be included the time involved in field trips and individual and group instruction sponsored and conducted by the educational institution through a duly authorized instructor of such institution in which the veteran is enrolled.

(2) The monthly educational assistance allowance of an eligible veteran pursuing a farm cooperative program under this chapter shall be paid as set forth in column II, III, IV, or V (whichever is applicable as determined by the veteran's dependency status) opposite the basis shown in column I:

[blocks in formation]

1972-Subsec. (a) (1), Pub. L. 92-540, §§ 102(2), 401 (4), substituted references to subsec. (c) of this section and section 1787 of this title for references to subsec. (c) (1) or (d) of this section and section 1683 of this title, respectively, and increased the monthly educational assistance allowance for eligible veterans in column II from $175, $128, $81, and $141 to $220, $165, $110, and $177; in column III from $205, $152, $100, and $167 to $261, $196, $131, and $208; in column IV from $230, $177, $114, and $192 to $298, $224, $149, and $236; and in column V from $13, $10, $7, and $10 to $18, $14, $9, and $14, respectively.

Subsec. (b). Pub. L. 92-540, §§ 102(3), 401(5), substituted "$220" for "$175", and struck out provisions relating to payment of the educational assistance allowance provided by this subsection and the educational assistance allowance provided by section 1696 (b) of this title.

Subsec. (c). Pub. L. 92-540, §§ 102(4), 303, struck out former subsec. (c), which related to the computation of the educational assistance allowance of an eligible veteran pursuing a program of education exclusively by correspondence. Former subsec. (d) was redesignated as subsec. (c), and, as so redesignated, in par. (1) (A) generally amended prerequisites for a full-time basis program, in par. (1) (B) substituted "7" for "9", in par. (1) (C) substituted "5" for "6", following par. (1) (C) added provision relating to the computation of the clock hour requirements, and in par. (2) increased the educational assistance allowance rates for eligible veterans pursuing a farm cooperative program in column II from $141, $101, and $67 to $177, $133, and $89; in column III from $165, $119, and $79 to $208, $156, and $104; in column IV from $190, $138, and $92 to $236, $177, and $118; and in column V from $10, $7, and $4 to $14, $11, and $7, respectively. Subsec. (d). Pub. L. 92-5401, § 303, redesignated former subsec. (d) as (c).

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by sections 102(2), (3), (4), of Pub. L. 92-540 effective Oct. 1, 1972, except for those veterans and eligible persons in training on Oct. 24, 1972, see section 601 (a) of Pub. L. 92-540, set out as a note under section 1502 of this title.

Amendment of former subsec. (c) by Pub. L. 92-540 not to effect any enrollment agreement entered into by an eligible veterans prior to Jan. 1, 1973, see section 602 of Pub. L. 92-540, set out as a note under section 1786 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1691, 1780 of this title.

[blocks in formation]

§ 1685

formerly § 1685, renumbered 1686, Pub. L. 90-77, title III, § 304(a), Aug. 31, 1967, 81 Stat. 186, renumbered § 1683, Pub. L. 92-540, title IV, § 401(7), Oct. 24, 1972, 86 Stat. 1090.)

CODIFICATION

A prior section 1683, added Pub. L. 90-77, title III, § 304 (a), Aug. 31, 1967, 81 Stat. 186, and amended Pub. L. 91-219, title I, § 103 (e), Mar. 26, 1970, 84 Stat. 77; Pub. L. 91-584, § 7, Dec. 24, 1970, 84 Stat. 1576, which related to apprenticeship or other on-job training, was repealed by Pub. L. 92-540, title IV, § 401 (6), Oct. 24, 1972, 84 Stat. 1090. See section 1787 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1770 of this title. § 1684. Apprenticeship or other on-job training; correspondence courses.

Any eligible veteran may pursue a program of apprenticeship or other on-job training or a program of education exclusively by correspondence and be paid an educational assistance allowance or training assistance allowance, as applicable, under the provisions of section 1787 or 1786 of this title. (Added Pub. L. 92-540, title III, § 304, Oct. 24, 1972, 86 Stat. 1081.)

CODIFICATION

A prior section 1684, added Pub. L. 89-358, § 2, Mar. 3, 1966, 80 Stat. 18, § 1683, renumbered Pub. L. 90-77, title III, § 304 (a), Aug. 31, 1967, 81 Stat. 186, and amended Pub. L. 91-219, title II, § 206 (a), Mar. 26, 1970, 84 Stat. 81; Pub. L. 91-584, §§ 8, 11, Dec. 24, 1970, 84 Stat. 1577, related to the measurement of courses. See section 1788 of this title.

§ 1685. Veteran-student services.

(a) Veteran-students utilized under the authority of subsection (b) of this section shall be paid an additional educational assistance allowance (hereafter referred to as "work-study allowance"). Such workstudy allowance shall be paid in advance in the amount of $250 in return for such veteran-student's agreement to perform services, during or between periods of enrollment, aggregating one hundred hours during a semester or other applicable enrollment period, required in connection with (1) the outreach services program under subchapter IV of chapter 3 of this title as carried out under the supervision of a Veterans' Administration employee, (2) the preparation and processing of necessary papers and other documents at educational institutions or regional offices or facilities of the Veterans' Administration, (3) the provision of hospital and domiciliary care and medical treatment under chapter 17 of this title, or (4) any other activity of the Veterans' Administration as the Administrator shall determine appropriate. Advances of lesser amounts may be made in return for agreements to perform services for periods of less than one hundreds hours, the amount of such advance to bear the same ratio to the number of hours of work agreed to be performed as $250 bears to one hundred hours.

(b) Notwithstanding any other provision of law, the Administrator shall utilize, in connection with the activities specified in subsection (a) of this section, the service of veteran-students who are pursuing full-time programs of education or training under chapters 31 and 34 of this title. In carrying out this section, the Administrator, wherever feasible, shall give priority to veterans with disabilities rated

at 30 per centum or more for purposes of chapter 11 of this title.

(c) The Administrator shall determine the number of veterans whose services the Veterans' Administration can effectively utilize (not to exceed eight hundred man-years or their equivalent in man-hours during any fiscal year) and the types of services that such veterans may be required to perform, on the basis of a survey, which he shall conduct annually, of each Veterans' Administration regional office in order to determine the numbers of veteran-students whose services can effectively be utilized during an enrollment period in each geographical area where Veterans' Administration activities are conducted, and shall determine which veteran-students shall be offered agreements under this section in accordance with regulations which he shall prescribe, including as criteria (1) the need of the veteran to augment his educational assistance or subsistence allowance; (2) the availability to the veteran of transportation to the place where his services are to be performed; (3) the motivation of the veteran; and (4) in the case of a disabled veteran pursuing a course of vocational rehabilitation under chapter 31 of this title, the compatibility of the work assignment to the veteran's physical condition.

(d) While performing the services authorized by this section, veteran-students shall be deemed employees of the United States for the purposes of the benefits of chapter 81 of title 5 but not for the purposes of laws administrated by the Civil Service Commission. (Added Pub. L. 92-540, title II, § 203, Oct. 24, 1972, 86 Stat. 1079.)

CODIFICATION

A prior section 1685, added Pub. L. 89-358, § 2, Mar. 3, 1966, 80 Stat. 1684, and renumbered Pub. L. 90-77, title III, § 304 (a), Aug. 31, 1967, 81 Stat. 186, related to the overcharging of eligible veterans by educational institutions. See section 1790 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 241, 1502 of this title.

§ 1686. Approval of courses.

Section redesignated section 1683 by Pub. L. 92-540, title IV, § 401(7), Oct. 24, 1972, 86 Stat. 1090.

§ 1687. Repealed. Pub. L. 92-540, title IV, § 401 (6), Oct. 24, 1972, 86 Stat. 1090.

Section, added Pub. L. 89-358, § 2, Mar. 3, 1966, 80 Stat. 19, § 1686, and renumbered Pub L. 90-77, title III, § 304 8 (a), Aug. 31, 1967, 81 Stat. 186, related to discontinuance of educational assistance allowance by the Administrator. See section 1790 (b) of this title.

SUBCHAPTER V.-SPECIAL ASSISTANCE FOR THE EDUCATIONALLY DISADVANTAGED

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 1697A, 1789 of this title; title 20 section 1070e-1.

§ 1691. Elementary and secondary education and preparatory educational assistance.

(b) The Administrator shall pay to an eligible veteran pursuing a course or courses or program pursuant to subsection (a) of this section, an educational assistance allowance as provided in sections

1681 and 1682 (a) or (b) of this title. (As amended Pub. L. 92-540, title III, § 305, Oct. 24, 1972, 86 Stat. 1081.)

AMENDMENTS

1972-Subsec. (b). Pub. L. 92-540 struck out provision relating to the approval in excess of half-time training as defined pursuant to section 1684 of this title of enrollment in adult evening secondary school courses.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1697A, 1733, 1780, 1788 of this title.

§ 1692. Special supplementary assistance.

(a) In the case of any eligible veteran who

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

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

(b) The Administrator shall pay to an eligible veteran receiving tutorial assistance pursuant to subsection (a) of this section, in addition to the educational assistance allowance provided in section 1682 of this title, the cost of such tutorial assistance in an amount not to exceed $50 per month, for a maximum of nine months, or until a maximum of $450 is utilized, upon certification by the educational institution that

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

(As amended Pub. L. 92-540, title III, § 306, Oct. 24, 1972, 86 Stat. 1081.)

AMENDMENTS

1972 Subsec. (a) (2). Pub. L. 92-540, § 306(1), struck out "marked" preceding "deficiency".

Subsec. (b). Pub. L. 92-540, § 306 (2), added “or until a maximum of $450 is utilized," following "nine months". Subsec. (b) (1). Pub. L. 92-540, § 306 (1), struck out "marked" preceding "deficiency".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1733 of this title; title 20 section 1070e-1.

SUBCHAPTER VI.-PREDISCHARGED
EDUCATION PROGRAM

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1780, 1789 of this title; title 20 section 1070e-1.

§ 1696. Payment of educational assistance allowance.

(b) The educational assistance allowance of an eligible person pursuing education or training under this subchapter shall be computed at the rate of (1) the established charges for tuition and fees which the educational institution requires similarly circumstanced nonveterans enrolled in the same or a similar program to pay, and the cost of books and supplies peculiar to the course which such educa

tional institution requires similarly circumstanced nonveterans enrolled in the same or a similar program to have, or (2) $220 per month for a full-time course, whichever is the lesser. Where it is determined that there is no same program, the Administrator shall establish appropriate rates for tuition and fees designed to allow reimbursement for reasonable costs for the education or training institution.

(As amended Pub. L. 92-540, title I, § 102(5), title III, § 307, Oct. 24, 1972, 86 Stat. 1075, 1081.)

AMENDMENTS

1972 Subsec. (b). Pub. L. 92-540 substituted "$220" for "$175", and added provisions authorizing the Administrator to establish appropriate rates for tuition and fees designed to allow reimbursement for reasonable costs for the education or training institution where determined there is no same program.

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by section 102(5) of Pub. L. 92-540 effective Oct. 1, 1972, except for those veterans and eligible persons in training on Oct. 24, 1972, see section 601(a) of Pub. L. 92-540, set out as a note under section 1502 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1697A, 1788 of this title.

§ 1697A. Coordination with and participation by Department of Defense.

(a) The Administrator shall designate an appropriate official of the Veterans' Administration who shall cooperate with and assist the Secretary of Defense and the official he designates as administratively responsible for such matters, in carrying out functions and duties of the Department of Defense under the PREP program authorized by this subchapter. It shall be the duty of such official to assist the Secretary of Defense in all matters entailing cooperation or coordination between the Department of Defense and the Veterans' Administration in providing training facilities and released time from duty necessary to carry out the purposes of the program.

(b) Educational institutions and training establishments administered by or under contract to the Department of Defense providing education and training to persons serving on active duty with the Armed Forces shall, in accordance with regulations jointly prescribed by the Administrator and the Secretary of Defense, be approved for the enrollment of eligible persons only at such time as the Secretary submits to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing such Department's plan for implementation of the program established under this subchapter (except that on-going programs of education and training at such institutions or establishments may be continued for ninety days after the date of enactment of this section and prior to the submission of such report), and periodically thereafter submits progress reports with respect to the implementation of such plan, which plan shall include provision for

(1) each Secretary concerned to undertake an information and outreach program designed to advise, counsel, and encourage each eligible person within each branch of the Armed Forces with respect to enrollment in a program under this sub

chapter, with particular emphasis upon programs under sections 1691 (a) (2) and 1696(a)(2) of this title, and in all other programs for which such person, prior to or following discharge or release from active duty, may be eligible under chapters 31 and 34 of this title;

(2) each Secretary concerned to undertake, in coordination with representatives of the Veterans' Administration, to arrange and carry out meetings with each approved educational institution located in the vicinity of an Armed Forces installation (or, in the case of installations overseas, which have the capacity to carry out such programs at such overseas installations) to encourage the establishment of a program by such institution under this subchapter and subchapter V of this chapter in connection with persons stationed at such installation, with particular emphasis upon programs under sections 1691(a) (2) and 1696(a)(2) of this title;

(3) the release from duty assignment of any such eligible person for at least one-half of the hours required for such person to enroll in a fulltime program of education or training under this subchapter during his military service, unless, pursuant to regulations prescribed by the Secretary concerned, it is determined that such release of time is inconsistent with the interests of the national defense; and

(4) establishment of an Inter-Service and Agency Coordinating Committee, under the cochairmanship of an Assistant Secretary of Defense and the Chief Benefits Director of the Veterans' Administration, to promote and coordinate the establishment and conduct of programs under this subchapter and other provisions of this title and the implementation of the plan submitted pursuant to this section.

(Added Pub. L. 92-540, title III, § 308, Oct. 24, 1972, 86 Stat. 1082.)

[blocks in formation]
« AnteriorContinuar »