Veterans Benefits Administration
Department of Veterans Affairs
Washington, D.C. 20420

M22-4, Part I

November 20, 2007

Part 1: Chapter 3 - Overview of Education Programs

Subchapter 1 - Overview of Education Benefits
3.01  Introduction
3.02  Summaries of Current VA Education Programs
3.03  Summaries of Former VA Education Programs

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

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

SUBCHAPTER I.   OVERVIEW OF EDUCATION BENEFITS

3.01  INTRODUCTION

(Change Date:  November 20, 2007)


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

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

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

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

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

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

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

Go to Top

3.02 SUMMARIES OF CURRENT VA EDUCATION PROGRAMS

(Change Date:  November 20, 2007)


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

a.  Programs assigned to Education Service

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

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

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

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

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

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

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

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

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

b.  Programs Assigned to Other Services         

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

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

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

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

Go to Top

3.03 DESCRIPTION OF FORMER VA EDUCATION BENEFITS

(Change Date:  November 20, 2007)


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

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

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

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

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

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

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

Go to Top

SUBCHAPTER II. SUMMARY OF PUBLIC LAWS

This subchapter summarizes the public laws affecting education benefit programs.

3.04 EDUCATIONAL ASSISTANCE LAWS - WORLD WAR II

(Change Date:  November 20, 2007)


Public Law No. Date Enacted Digest

78-346

6-22-44

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

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

79-190

10-6-45

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

79-268

12-28-45

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

79-679

8-8-46

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

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

80-239

7-25-47

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

80-377

8-6-47

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

80-411

2-14-48

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

80-512

5-4-48

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

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

80-862

6-30-48

Supplemental Independent Offices Appropriations Act, 1949.

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

81-266

8-24-49

Independent Offices Appropriations Act, 1950.

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

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

Created the Veteran Tuition Appeals Board.

81-571

6-23-50

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

81-610

7-13-50

Veterans' Education and Training Amendments of 1950.

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

Go to Top

3.05 EDUCATIONAL ASSISTANCE LAWS - KOREAN CONFLICT

(Change Date:  November 20, 2007)


Public Law No. Date Enacted Digest

82-550

7-16-52

Veterans Readjustment Assistance Act of 1952.

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

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

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

83-610

8-20-54

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

84-7

2-15-55

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

84-623

6-27-56

Independent Offices Appropriation Act, 1957.

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

84-634

6-29-56

War Orphans' Educational Assistance Act of 1956.

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

84-847

7-30-56

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

85-460

6-18-58

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

86-236

9-8-59

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

86-785

9-14-60

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

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

87-377

10-4-61

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

87-546

7-25-62

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

87-815

10-15-62

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

87-819

10-15-62

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

88-126

9-23-63

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

88-361

7-7-64

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

89-222

9-30-65

Increased the chapter 35 rates.  

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

89-349

11-8-65

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

Go to Top

3.06 EDUCATIONAL ASSISTANCE LAWS - VIETNAM ERA

(Change Date:  November 20, 2007)

Public Law No. Date Enacted Digest

89-358

3-3-66

Veterans' Readjustment Benefits Act of 1966.

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

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

89-613

9-30-66

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

90-77

8-31-67

Veterans' Pension and Readjustment Assistance Act of 1967.

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

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

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

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

90-631

10-23-68

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

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

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

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

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

91-24

6-11-69

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

91-219

3-26-70

Veterans' Education and Training Amendments Act of 1970.

Increased the chapter 34 and 35 rates.

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

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

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

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

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

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

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

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

91-584

12-24-70

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

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

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

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

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

92-540

10-24-72

Vietnam Era Veterans' Readjustment Assistance Act of 1972.

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

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

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

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

Increased the work-study allowance and reporting fees.

93-208

12-28-73

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

93-293

5-31-74

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

93-295

5-31-74

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

93-337

7-10-74

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

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

93-508

12-3-74

Vietnam Era Veterans' Readjustment Assistance Act of 1974.

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

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

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

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

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

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

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

Authorized chapter 35 farm cooperative training.

93-602

1-1-75

Veterans' Education and Rehabilitation Equalization Amendments Act of 1974.

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

Go to Top

3.07 EDUCATIONAL ASSISTANCE LAWS - POST VIETNAM ERA

(Change Date:  November 20, 2007)


Public Law No.

Date Enacted

Digest

94-502

10-15-76

Veterans' Education and Employment Assistance Act of 1976.

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

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

Allowed SAAs to be reimbursed for work by subcontractors.

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

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

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

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

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

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

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

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

Established standards and manpower requirements for annual compliance surveys.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

94-584

10-21-76

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

95-126

10-8-77

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

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

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

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

95-202

11-23-77

GI Bill Improvement Act of 1977.

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

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

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

Required written notification of discontinuance of benefits.

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

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

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

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

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

95-476

10-18-78

Veterans' Housing Benefits Act of 1978.

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

96-342

9-8-80

Department of Defense Authorization Act, 1981.

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

96-449

10-14-80

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

96-466

10-17-80

Veterans' Rehabilitation and Education Amendments of 1980.

Increased chapter 34 and 35 rates. 

Increased tutorial assistance and the maximum amount payable.

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

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

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

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

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

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

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

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

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

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

Limited the amount of benefit payable to incarcerated individuals.

97-35

8-13-81

Omnibus Budget Reconciliation Act of 1981.

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

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

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

97-51

10-1-81

Continuing Appropriations for Fiscal Year 1982.

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

97-66

10-17-81

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

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

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

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

97-72

11-3-81

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

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

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

97-85

11-23-81

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

97-101

12-23-81

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

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

97-174

5-4-82

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

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

97-253

9-8-82

Omnibus Budget Reconciliation Act of 1982.

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

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

97-258

9-13-82

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

97-295

10-12-82

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

97-306

10-14-82

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

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

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

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

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

Repealed the 50 percent employment report for vocational courses.

Expanded VA authority to suspend benefits in certain cases.

Reduced the time limits to request waivers of indebtedness.

97-365

10-25-82

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

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

97-377

12-21-82

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

98-45

7-12-83

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

98-77

8-15-83

Emergency Veterans' Job Training Act of 1983.

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

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

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

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

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

98-151

11-14-83

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

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

98-160

11-21-83

Veterans' Health Care Amendments of 1983.

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

98-181

11-30-83

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

98-223

3-2-84

The Veterans' Compensation and Program Improvements Amendments of 1984.

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

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

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

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

98-525

10-19-84

Department of Defense Authorization Act, 1985.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

98-543

10-24-84

The Veterans' Benefits Improvement Act of 1984.

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

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

Repealed the report to Congress on deceptive advertising practices.

99-108

9-30-85

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

99-145

11-8-85

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

99-177

12-12-85

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

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

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

99-238

1-13-86

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

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

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

99-349

7-2-86

The Urgent Supplemental Appropriations Act, 1986.

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

99-399

8-27-86

Omnibus Diplomatic Security and Antiterrorism Act of 1986.

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

99-576

10-28-86

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Authorized work-study for chapters 30 and 32.

100-48

6-1-87

The New G.I. Bill Continuation Act.

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

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

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

100-71

7-11-87

The Supplemental Appropriations Act, 1987.

Included an additional $30 million for VJTA.

100-77

7-22-87

Stewart B. McKinney Homeless Assistance Act.

Extended VJTA cutoff dates by approximately 6 months.  Required individuals to apply before 12-31-87, and to enter training before 6-30-88.  Authorized funding for the job training program.

100-198

12-21-87

Veterans' Home Loan Program Improvements and Property Rehabilitation Act of 1987.

Required that the effective date of sequestration of chapter 35 benefits, under Public Law 99-177, the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm/ Rudman/Hollings), conform to other chapters subject to the provisions of this law.

100-227

12-31-87

Veterans' Compensation Cost-of-Living Adjustment Act of 1987.

Extended the last date to apply for VJTA to 6-30-88.

100-322

5-20-88

Veterans' Benefits and Services Act of 1988.

Provided that effective dates of chapter 32 awards would correspond with other education programs.

Permitted VA to waive annual compliance surveys at large educational institutions.

Changed measurement of laboratory courses from a requirement of 2 hours per credit per week to 2, 50-minute sessions.

Exempted permanently chapter 35 benefits from sequestration.

100-323

5-20-88

Veterans' Employment, Training, and Counseling Amendments of 1988.

Amended VJTA.  Required individuals to initially apply before 10-1-89, and to enter training before 4-1-90.  Provided $60 million a year for fiscal years 1988 and 1989.  Made remaining money available until the end of fiscal year 1991.  Allowed VA to immediately obligate any deobligated funds.  Assigned Disabled Veterans Outreach Program representatives as individuals' case managers, except in specific circumstances.  Required employers to certify that individuals were provided with the opportunity for personal interviews with case managers.  Required VA to provide counseling to individuals who encountered difficulties during their training, and to design programs of job readiness skills to assist individuals in need of the services.  Authorized VA to contract for training and counseling.  Required VA and DOL to jointly provide counseling and other services to resolve any individual's job training difficulties.  Authorized VA to disapprove training of new applicants if VA determined that low participation was due to program quality deficiencies. Required VA to inform individuals and employers of supportive services and resources available under VA and DOL programs.  Required DOL to compile data on the failure to complete job training.

Authorized VA to pay SAAs from readjustment benefits effective fiscal year 1988.  Required VA to submit quarterly reports to Congress summarizing VA payments to SAAs.

Required VA to either conduct or provide for a study to evaluate VJTA.  Required VA to submit the study to the Congress within 1 year of the date of enactment.

Required VA to provide evaluations of SAAs.  Required VA, in conjunction with SAAs, to develop a training curriculum and prototype qualification and performance standards.

Authorized VA to assume the approval function if a state does not enter into the required reimbursement contract.

Added a DoD representative as an ex officio member of the Commission of Veterans' Education Policy.

100-689

11-18-88

Veterans' Benefits and Programs Improvement Act of 1988.

Extended, effective 7-1-85, chapter 30 eligibility to individuals discharged or released for preexisting medical conditions that were not service-connected.  Made the months of entitlement equal to the months served.

Authorized chapter 30 death benefit if death occurred while on active duty and was service-connected.  Required that individuals must have been eligible for chapter 30 at the time of death, except for the length of service requirement.

Effective 10-1-87, extended chapter 30 eligibility to individuals who were involuntarily separated due to a reduction in force as determined by the Secretary of the military department concerned.  Made the months of entitlement equal to the months served.

Revised, effective 11-18-88, chapter 30 eligibility based upon 2 years of active duty and 4 years in the Selected Reserve.  Did not require individuals to complete 2 full years of active duty if discharged or released for convenience of the government, hardship, preexisting medical conditions, reductions in force, or service-connected disabilities.  Allowed individuals discharged or released from active duty for preexisting medical conditions or service-connected disabilities to not have to meet the obligation of serving 4 years in the Selected Reserves.

Allowed individuals to not have to complete 4 full years in the Selected Reserve if discharged or released for convenience of the government, hardship, preexisting medical conditions, reductions in force, or service-connected disabilities.  Allowed individuals discharged or released from the Selected Reserve due to hardship or service- connected disabilities to elect to have their chapter 30 eligibility based on their active duty only.

Liberalized the chapter 30 education requirement effective 11-18-88.  Allowed individuals to establish eligibility for chapter 30 by completing a high school diploma, its equivalency, or the equivalent of 12 semester hours leading to a standard college degree.

Restricted chapter 32 benefits to trainees incarcerated in federal, state, or local penal institutions for convictions for felonies to the monthly rate or a rate equal to the amount of tuition, fees, books, and supplies charged to similarly circumstanced non-veterans, whichever was less.

Allowed VA to pay chapter 106 benefits at a less than 1/2 time rate.  Liberalized the chapter 106 high school requirement to require that individuals must meet the requirements for their high school diplomas or equivalency certificates, rather than actually receive them.

Granted individuals separated from the Selected Reserve due to disabilities 10 years from the date of their separation to use their benefits.  Stated that disabilities did not have to be service connected or incurred while on duty.

Removed requirement that members of the Selected Reserve serve 180 days in the Selected Reserve to be eligible for chapter 106.  Extended the 85-15 percent requirement to include chapter 106.

Authorized VA to extend delimiting dates under chapters 30, 32, 34, 35, and 106, and section 903, based upon the disabling effects of chronic alcoholism.

Barred individuals in the Selected Reserve from using the same period of service to establish eligibility under both chapter 30 and chapter 106.

Increased tutorial assistance and the maximum amount payable.  Charged entitlement to chapters 30 and 32 recipients for amounts over $600.

Created an "open period" from 12-1-88 to 6-30-89 for individuals on active duty who initially did not elect to participate in chapter 30.  Required eligibility criteria of initially entering active duty between 7-1-85 and 6-30-88, serving continuously on active duty, and being on active duty on the date they elect chapter 30.  Required individuals to complete their obligated period of active duty unless discharged or released for convenience of the government, hardship, preexisting medical conditions, reductions in force, or service-connected disabilities.

Authorized individuals eligible for chapters 30 and 32 to receive benefits for cooperative training effective 1-1-89.

Removed the requirement, effective 6-1-89, that individuals receiving benefits under chapters 30, 32, 34, 35, and 106, and section 903, must submit mitigating circumstances in "the first instance of withdrawal" from "courses totaling not more than 6 semester hours or the equivalency thereof."

Allowed chapter 35 children, effective 8-15-89, to receive benefits for high school, remedial, deficiency, and refresher training, without any entitlement charge for the first 5 months.

Allowed chapters 30 and 32 participants to receive benefits for remedial, deficiency, and refresher training, with an entitlement charge.

Extended the Veterans Advisory Committee on Education through 12-31-93.

Repealed the accelerated-payment loan program.

101-189

11-29-89

National Defense Authorization Act for Fiscal Years 1990 and 1991.

Authorized chapter 106 benefits, effective 10-1-90, for all programs of education approved for chapter 30 except for pursuit of courses of instruction beyond the baccalaureate degree level.  Included apprenticeship, cooperative, correspondence, independent study (without concurrent enrollment in resident training), NCD programs at educational institutions other than IHLs, other on-the-job training, and remedial, deficiency, and refresher courses.

Allowed members previously barred from training after attaining a bachelors degree to receive benefits for a second bachelor's degree or for other training programs.  Required members to enlist, reenlist, or extend their enlistments for 6 years after 9-30-90.

Prohibited members of the Selected Reserve entering active duty after 11-29-89, from using that period of active duty to establish eligibility to chapter 106.

Increased maximum "kickers" from $400 to $700 a month.

Required DoD to prepare a report to Congress on the feasibility of making chapter 1606 a contributory program.  Made the report due by 3-15-90.

101-237

12-18-89

Veterans' Benefits Amendments of 1989.

Liberalized the chapter 30 education requirement effective 12-18-89.  Permitted individuals to meet the requirement by completing the equivalent of 12 semester hours in programs leading to standard college degrees.  Required that individuals complete the 12 hours by the end of their initial obligated periods of active duty.

Required individuals eligible for chapter 30 to enter the Selected Reserve within 1 year of their discharge or release from active duty to be eligible for additional benefits. 

Liberalized the chapter 30 death benefit by removing the requirement that individuals must have completed the requirements for a high school diploma, its equivalency, or the equivalent of 12 semester hours leading to a standard college degree.

Eliminated extensions of chapters 30, 32, and 34 delimiting dates for subsequent periods of active duty of less than 90 days, unless individuals were released or discharged for convenience of the government, hardship, preexisting medical conditions that were not service connected, reductions in force, or service-connected disabilities.

Restricted chapter 30 and 32 refresher training for courses involving technological advances.  Required that the technical advance must have occurred in the individual's field of employment while the individual was on active duty or after his or her release from active duty.

Changed measurement for NCD programs offered by fully accredited IHLs that include courses measured in clock hours and credit hours.  Required VA to determine the ratio of full-time clock hours to full-time credit hours and convert credit hours to "equivalent clock hours."

Changed shop course measurement from a requirement of 3 hours per credit per week to 3, 50-minute class sessions. Eliminated absence reporting for programs measured in clock hours.

Eliminated reductions of delimiting periods of individuals eligible for chapter 30 who entered active duty during 1977 under delayed enlistment contracts.

Restricted chapter 30 and 32 refresher training to technological advances which occurred while individuals were on active duty.

Prohibited earning entitlement under both chapters 32 and 106 for the same period of Selected Reserve duty classified for DoD and VA purposes as active duty.

Relaxed restrictions on reentrances into training following termination for unsatisfactory progress.

Increased chapter 35 rates effective 1-1-90.

Required VA, effective 2-1-90, to provide notice to individuals and their representatives of every decision affecting their eligibility or entitlement to benefits.  Provided that notices of denials, reductions, and terminations include the reason(s) for the action and summarize the evidence considered.

Changed the name, effective 5-1-90, from Veteran-Student Services to Work-Study Allowance.  Reduced minimum training time to 3/4 time.  Increased the number of hours individuals may work under contracts.  Made the allowance equal to the federal or state minimum wage, whichever is higher.  Made chapter 35 children and chapter 1606 individuals eligible for work-study.  Allowed chapter 106 individuals to perform work-study services relating to the administration of the chapter 106 program at DoD facilities.

Required VA, effective 7-1-90. to periodically provide information packages to individuals applying for and receiving benefits, educational institutions, job training establishments, and other interested parties.

Permitted students under chapters 30 and 106 to pursue vocational fight training from 9-30-90 to 9-30-94.  Excluded payment for solo flying hours.  Established reimbursement rate of 60 percent of established charges.

Authorized VA to require monthly verifications of pursuit from students enrolled in standard college degrees under education programs besides chapter 30.  Changed the effective date of reductions in training time from the end of the month to the date of the change if monthly verifications of pursuit are required.  Authorized VA to withhold payments pending receipt of verifications.

101-366

8-15-90

Department of Veterans Affairs Nurses Pay Act of 1990.

Made certain 1977 and 1978 service academy and Senior ROTC graduates eligible for amounts equal to what would have been payable under chapter 34 for training pursued before 12-31-89 (Section 207).

Established a monthly stipend program for members of the Selected Reserve who are eligible for chapter 106 and enrolled full time in health care programs administered by Veterans Health Administration.

Reduced the due process period from 30 to 10 days for cases involving Public Law 100-503, the Computer Matching and Privacy Protection Act of 1988.

Allowed, effective 6-1-91, unlimited changes of program in all benefit programs.  Required that programs be suitable to the individual's interests, aptitudes, and abilities.

101-508

11-5-90

Omnibus Budget Reconciliation Act of 1990.

Barred VA, effective 11-1-90, from restoring chapter 35 eligibility to spouses following the end of their remarriages or relationships.

101-510

11-5-90

National Defense Authorization Act for Fiscal Year 1991.

Expanded chapter 30 eligibility, effective 10-19-84, to participants discharged or released for physical or mental conditions that are not characterized as disabilities.  Required that the condition must have interfered with the participant's performance of duty and not have been the result of willful misconduct.

Barred individuals on active duty for less than 2 years under 10 U.S.C. 672, 673, 673b, 674, and 675, from using that service as part of their initial obligated period to qualify for chapter 30.

Allowed, effective 11-29-89, members of the Selected Reserve entering active duty under 32 U.S.C. to use that service to qualify for chapter 30.  Restricted this provision to members who have never served on active duty as defined in 38 U.S.C. 101(21).

Expanded, effective 2-3-91, the eligibility criteria for chapter 30.  Granted eligibility to individuals on active duty on 9-30-90, who were involuntarily separated from active duty after 2-3-91, and completed the requirements for a high school diploma, its equivalency, or 12 semester hours leading to a standard college degree before applying for benefits.  Allowed individuals who declined to participate or who were not otherwise eligible for chapter 30 to elect to receive such benefits under this provision before being involuntarily separated from active duty.

102-16

3-22-91

Veterans' Education, Employment, and Training Amendments of 1991.

Required individuals placed on the retired list, transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or placed on the temporary disability retired list, have their service characterized as honorable by the appropriate Secretary to be eligible for chapter 30.

Expanded counseling for individuals eligible for benefits under chapters 30, 32, 106, or sections 901 or 903.  Extended entitlement to counseling to: (1) individuals on active duty within 180 days of their discharge or release under other than dishonorable conditions; and (2) individuals within 1 year following their discharge or release from active duty under other than dishonorable conditions.  Individuals do not have to be eligible for benefits.

Required VA to provide counseling to individuals VA has rated as incompetent who apply for education benefits.

Allowed individuals with chapters 30, 32, 35, 106, or section 903 overpayments to participate in the work-study program in order to reduce or eliminate their overpayments. Expanded chapter 106 work-study to include Coast Guard and National Guard facilities.

Clarified chapter 30.  Allowed individuals eligible under the "open period" from 12-1-88 to 6-30-89, to meet the education requirement by completing 12 credit hours leading to a standard college degree.

Authorized individuals eligible for chapter 32 and section 903 to pursue vocational flight training from 4-1-91 to 9-30-94.  Limited reimbursement to 60 percent.  Excluded payments for solo training.

Extended the chapter 32 automatic disenrollment of individuals who have not used all of their entitlement to 1 year following the end of their period of eligibility.

Eliminated the annual chapter 32 and the education loan default reports to Congress.

3.08 PERSIAN GULF WAR ERA

(Change Date:  November 20, 2007)


Public Law NO.
Date
Enacted
Digest

102-25

4-6-91

Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991.

Defined the term "Persian Gulf War" to mean the period beginning on 8-2-90, and ending on such date as shall be determined by the President or Congress.

Increased, from 10-1-91 to 9-30-93, the chapter 106 (later known as chapter 1606) full-time monthly rate from $140 to $170.

Authorized, effective 10-1-93, the Secretary of Defense to continue the increased chapter 106 rates, return to the chapter 106 rates before the increase, or further increase the chapter 106 rates in proportion to the percentage increase in the Consumer Price Index.

Increased, from 10-1-91 to 9-30-93, the chapter 30 basic full-time monthly rate to individuals obligated for 3 or more years of active duty, or 2 years of active duty and 4 years in the Selected Reserve, to $350. Increased the chapter 30 basic full-time monthly rate to individuals obligated for less than 3 years of active duty to $275.

Required that Persian Gulf War veterans be represented on the Secretary's Educational Benefits Advisory Committee.

102-86

8-14-91

Veterans' Benefits Programs Improvement Act of 1991.

Changed the restriction on restoring chapter 35 eligibility to spouses imposed by Public Law 101-508.  Made the date of the remarriage the effective date of this provision rather than the date of claim.  Barred VA from restoring chapter 35 eligibility to spouses who remarried after 10-31-90.

102-127

10-10-91

Veterans' Educational Assistance Amendments of 1991.

Allowed individuals, effective 8-1-90, ordered to active duty who withdraw from training and received grades that did not count toward graduation to not have to submit mitigating circumstances.

Applied this provision even if it was the first instance of withdrawal and the 6-credit hour exclusion would otherwise apply.

Authorized VA to restore entitlement to individuals entitled to chapter 30, chapter 32, chapter 35, and chapter 106 (later known as chapter 1606) who withdrew from training due to the Persian Gulf War.  Restricted eligibility to individuals who did not receive credit or lost training time toward the completion of an approved educational, professional, or vocational objective.  Restricted this provision to individuals withdrawing from training after 8-1-90, due to being ordered to active duty under 10 U.S.C. 672(a), (d), or (g), 673, 673b, or 688, during the Persian Gulf War.

Allowed individuals receiving benefits while on active duty to also be entitled to entitlement restoration if they were ordered to new duty locations or assignments, or to perform increased amounts of work during the Persian Gulf War, and had to discontinue training as a result.

Authorized VA to extend the ending dates of the period of chapter 106 eligibility for members of the Selected Reserve ordered to active duty under 10 U.S.C. 672(a), (d), or (g), 673, 673b, or 688, during the Persian Gulf War.  Restricted the extension to the amount of time served on active duty plus 4 months.

102-484

10-23-92

National Defense Authorization Act for Fiscal Year 1993.

Afforded, effective 10-23-92, certain individuals the opportunity to participate under chapter 30 if they are voluntarily separated from active duty with an honorable discharge under specified sections of title 10, U.S.C.  Required participants in the chapter 32 program to make an irrevocable election to participate under chapter 30. 

Required the services to collect $1,200 from the participants' military pay for those who separate on or after 10-23-92.  Charged VA with collecting the $1,200 from those individuals who separated before 10-23-92. Allowed refunding unused contributions in the case of former chapter 32 participants to the individual.

Allowed reserve members to continue to receive educational assistance under chapter 106 (later known as chapter 1606) if a reserve unit is inactivated from 10-1-91 to 9-30-95.  Stated that this provision would also apply to certain reserve members who are involuntarily separated from the Selected Reserve during the same interval. 

Allowed chapter 30 veterans to retain their benefits if they have completed their obligated 2 years on active duty and entered into their 4-year reserve commitment in a reserve unit which is inactivated during the period 10-1-91 through 9-30-95.  Allowed this same provision to apply to certain reserve members who are involuntarily separated from the Selected Reserve during the same interval.

Authorized DoD, to begin, by 12-22-92, a program titled Service Members Occupational Conversion and Training Act of 1992 (SMOCTA) to assist individuals leaving active duty to obtain employment through participation in significant training leading to employment in stable and permanent positions. Appropriates $75 million to initiate the program.  Stated that a veteran discharged on or after 8-2-90 is eligible under SMOCTA if he or she:  (1) has a primary or secondary military occupational specialty that DoD has determined is not readily transferable to the civilian work force; (2) is entitled to receive compensation for a service-connected disability or disabilities rated by VA at 30% or more; or (3) is unemployed and has been unemployed for at least 8 of the 15 weeks preceding his or her application.  Required the job training not to be less than 6 months or more than 18 months in a field providing a reasonable probability of stable, long-term employment.  Required VA to reimburse an employer up to $10,000 for one-half of a veteran's wages during training

Required VA to reimburse the employer up to $12,000 if the veteran has a service-connected disability or disabilities evaluated by VA at 30% or more. Required a veteran to apply by 9-30-95, and begin training by 3-31-96.  Required funds to be obligated by 9-30-94.  Stated that payments to the employer depend on the availability of funding.

102-568

10-29-92

Veterans Benefits Act of 1992.

Revised chapter 30 eligibility effective 10-19-84.  Stated that a period when a chapter 30 participant was assigned full time by the Armed Forces to a civilian institution for a course of education would not be considered a break in the continuity of the individual's active duty service for chapter 30.
Required this provision to take effect as if enacted on 6-30-85, and apply to the payment of educational assistance for training pursued on or after 10-1-93. 

Allowed chapter 30 participants who leave active duty to enroll in a service academy or preparatory school during their initial period of service, and who subsequently drop out and reenter on to active duty, to merge their second active duty period with the initial period so that the aggregate length of the two periods will be considered a continuous period of service.

Allowed revised chapter 30 eligibility criteria, effective 10-28-86, to persons who may be eligible under chapter 30 who were not on active duty on 10-19-84, but who had active duty sometime during the period beginning on 10-19-84 and ending on 7-1-85, and continued on active duty without a break.  Required those persons to have been eligible for benefits under 38 U.S.C. chapter 34 on 12-31-89.

Allowed revised chapter 30 eligibility criteria, effective 12-1-88, to individuals who enrolled under chapter 30 during the open period between 12-1-88 and 6-30-89, and who separated from the service early due to a physical or mental condition that was not characterized as a disability and did not result from the individuals' willful misconduct.

Allowed, effective 10-1-92, individuals under chapter 30, chapter 106 (later known as chapter 1606), and chapter 32 to receive educational assistance benefits for solo flying hours up to the minimum required for the rating or certification being pursued.

Allowed, effective 10-29-92, individuals who were on active duty on 8-2-90, without a secondary school diploma before leaving the military service, and who completed the requirements of a secondary school diploma (or equivalency certificate) before the end of the 24-month period beginning on the date of enactment, to be considered to have completed such requirements within the participants' initial obligated period of active duty for chapter 30 purposes.

Extended eligibility for the chapter 30 death benefit to the survivors of participants who died of service-connected causes within 1 year of discharge from active duty.

Limited advance payment to work-study participants to the amount they would be paid for the first 50 hours of each work-study contract or 40% of the amount of the total contract whichever is the lesser.

Repealed the requirement that an elementary or secondary school furnish a copy of a catalog when applying for approval of an accredited course.

Required schools that enforce standards of attendance to submit the standards for approval by the SAA.  Allowed nurses' aide courses to be approved for VA educational assistance purposes if approved by the SAA.

Restricted individuals from receiving education benefits for non-accredited programs of independent study.  Stated that this provision did not apply to persons receiving benefits for pursuit of such a course if the person was enrolled on the date of enactment and continued to remain enrolled.

Stated that the termination of an educational assistance allowance advance payment due to the death of the payee would be effective as of the end of the period for which the advance payment was made.

Barred payment of VA educational assistance for a course paid under the Government Employees Training Act.

Changed the limitations on changes of program. Stated those limitations do not apply to (1) a student beginning a new program of education after successfully completing another program, (2) a student enrolling in a program leading to a vocational, educational, or professional objective in the same general field as the former program, and (3) a student transferring back to a former program without loss of credit for that program.

Permitted chapter 106 (later known as chapter 1607) reservists to receive tutorial assistance.

Provided VA with authority to withhold the training assistance allowance of a reservist under chapter 106 pursuing a program of apprenticeship or other on-job training until VA has received a certification of attendance from the person and their training establishment.

Increased, effective 4-1-93, the basic chapter 30 full-time monthly rate for participants with an obligated period of active duty of 3 or more years, or 2 years on active duty followed by 4 years in the Selected Reserve from $300 to $400.  Increased the full-time rate for participants with an obligated period of less than 3 years from $250 to $325. 

Increased the full-time educational allowance rate under chapter 106 from $140 to $190.  Increased rates for part-time attendance proportionally.  Retained the rate increases provided by Public Law 102-25 until 4-1-93.

Stated that future chapter 30 and chapter 106 increases would be indexed to the Consumer Price Index.

Replaced, effective 7-1-93, the current statutory measurement system used in evaluating courses at an educational institution for payment of VA educational benefits with a simplified measurement system.

Granted eligibility to chapter 30, effective 9-1-93, to individuals who were initially obligated to serve only 2 years of active duty but actually serve continuous periods of 3 or more years on active duty to the same level of chapter 30 benefits as those who perform 3-year initial obligated periods of active duty.

Stated, effective 10-1-93, individuals who are discharged on 7-1-85, or thereafter, due to disability, hardship, or reduction-in-force after less than 12 months of continuous active duty and later reenter on active duty are deemed to have served a continuous period of active duty equal to the total of the two periods of active duty.

Allows SAAs to use the list published by the Secretary of Education of nationally recognized accrediting agencies and associations to determine accredited courses.

103-66

8-10-93

Omnibus Budget Reconciliation Act of 1993.

Eliminated the proposed rate increase for chapter 30 and chapter 106 that was to go into effect on 10-1-93.  Restricted the rate increase for chapter 30 and chapter 106 (later known as chapter 1606) that will go into effect on 10-1-94, to one-half of the percentage of the increase in the cost-of-living.

103-139

11-11-93

Department of Defense Appropriation Act for Fiscal Year 1994.

Appropriated an additional $6.25 million in Fiscal Year 1994 for SMOCTA to supplement the initial $75 million appropriated under Public Law 102-484.

NOTE:  The $6.25 million was never transferred to VA by DoD.

103-160

11-30-93

National Defense Authorization Act for Fiscal Year 1994.

Expanded the definition of veterans who are eligible to elect chapter 30 benefits based on involuntary separation from the Armed Forces. 

Allowed veterans who were on active duty on 9-30-90 and were involuntarily separated after 2-2-91 or who were on active duty on or after 11-30-93 and were involuntarily separated, to elect to receive chapter 30 benefits. 

Required DoD to collect the $1,200 pay reduction required for participation. Allowed, effective 11-30-93, members of the Selected Reserve to receive chapter 106 benefits for graduate training subject to the availability of funds.

Extended SMOCTA eligibility dates by 1 year subject to the availability of funds. Required a veteran to apply by 9-30-96 and begin training by 3-31-97.

103-335

9-30-94

Department of Defense Appropriation Act for Fiscal Year 1995.

Allowed the remaining funds from the original SMOCTA appropriation to be used during FY 1995.  Provided no additional funding beyond the $75 million allocated in the initial legislation.

103-337

10-5-94

National Defense Authorization Act for Fiscal Year 1995.

Recodified title 10, U. S. Code chapter 106 as chapter 1606.  Redesignated sections 2131 through 2137 as sections 16131 through 16137.

103-446

10-8-94

Veterans' Benefits Improvement Act of 1994.

Provided, effective 10-1-94, flight training as a permanent program for chapter 30, chapter 1606, and chapter 32.

Established, effective 10-1-94, a 2-year pilot program for alternative teacher certification.  Changed the definition of "educational institution" to include any entity offering training required for completion of a state approved teacher certificate program.  Required this 2-year provision end on 9-30-96.

Permitted, effective 10-8-94, VA to approve courses leading to a standard college degree offered by foreign colleges and universities which include non-traditional training away from the school.

Extended chapter 30 category IIIa eligibility to members of the Coast Guard who served on active duty before 9-30-94 and were involuntarily separated during the five-year period beginning on 10-1-94.  Extended category IIIb [  ] eligibility to Coast Guard members who served on active duty before 9-30-94 and were voluntarily separated on or after 10-1-94.

Required that correspondence courses and the correspondence portion of correspondence-residence courses to be approved only if the educational institution offering the course is accredited by an agency recognized by the Secretary of Education.  Required at least 50% of those pursuing the course to need at least 6 months to complete the course.  Provided to be effective for courses approved on or after 1-6-95.

Increased, effective 10-1-94, from $12 million to $13 million the maximum amount payable each fiscal year to SAAs for services provided.  Eliminated the requirement for VA to provide functional supervision of SAA performance of course approval services.

Provided that if the training time of courses pursued under chapter 1606 is not defined by law, VA will define full-time and part-time training for all such courses.

Extended the expiration date of the Veterans' Advisory Committee on Education to 12-31-03.  Also, omitted reference to enrollments under chapter 34 and added reference to chapter 1606. 

Clarified that SMOCTA allows approval of a job training program that exceeds 18 months.  Limited actual reimbursement to an employer to 18 months (i.e., the hours equivalent to 18 months of training).  Required that wages paid to a veteran training under SMOCTA would not be less than wages paid to other employees participating in similar training programs within the community.

Clarified the employer payment provisions for SMOCTA when the veteran trains in two or more programs with the same employer.  Restricted payment for all training to $10,000, or $12,000 if the veteran has a service-connected disability or disabilities evaluated by VA at 30% or more. 
Provided that payment of the 25% reimbursement withheld from the employer may be made at the end of the 4-month period following the completion of training or the completion of 18 months of training, whichever is earlier.

Clarified that SMOCTA allows an employer to hire an eligible person for a job training program on the same day the employer transmits a notice of hiring to the SMOCTA implementing official.  Provided that the employer will not receive reimbursement if he or she disapproves the veteran's entry into training within 2 weeks of transmittal of the notice.

Increased, effective 10/1/04, from $5 million to $6 million, the amount VA can spend per year on educational or vocational counseling.

104-106

2-10-96

National Defense Appropriation Act for Fiscal Year 1996.

Permitted DoD, effective 2-10-96, to provide additional payment ("kickers") of chapter 1606 benefits to reservists who have a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit or retain qualified personnel in critical units.  Allowed the chapter 1606 benefit to be increased by an amount not to exceed $350 monthly.  (Required DoD to determine the actual amounts of the "kickers" and the date that the reservist is entitled to such "kicker.")

Permitted DoD, effective 2-10-96, to provide additional payment ("kickers") of chapter 30 benefits to participants who serve at least 3 years on active duty and agree to serve at least 6 years in the Selected Reserve and who have a skill or specialty in which there is a critical shortage or for which it is difficult to recruit or retain qualified personnel in critical reserve units.  Allowed the chapter 30 benefit to be increased by an amount not to exceed $350 monthly.  (Required DoD to determine the actual amounts of the "kickers" and the date that the participant is entitled to such "kicker.")

104-188

8-20-96

Small Business Job Protection Act of 1996.

Provided for an increase in the Federal minimum wage to $4.75 hourly effective October 1, 1996, and for a further increase to $5.15 hourly effective September 1, 1997.  (This affected the Work-Study Program.)

104-201

9-23-96

National Defense Appropriation Act for Fiscal Year 1997.

Extended chapter 30 eligibility, effective 10-1-96, to ROTC graduates who went on active duty as commissioned officers after 10-30-96, and who received $2,000 or less in any one year under the ROTC program.

104-275

10-9-96

Veterans' Benefits Improvement Act of 1996.

Eliminated, effective 10-9-96, the requirement that open circuit TV courses be taken concurrently with at least one resident course.  Stated that open circuit TV courses are just another type of independent study.  (Required these courses to be accredited.)

Eliminated, effective 10-9-96, the 80 percent rate for cooperative training.  Required cooperative training to be paid at 100% of the institutional rate for full-time training.  (Did not adjust the chapter 30 category II cooperative rate to 100 % of the institutional full-time rate as the chapter 34 component of the cooperative rate is still at 80%.)

Modified, effective 10-9-96, the requirement that courses may not be approved if they have been in operation for less than two-years (the "two-year" rule).  Provided that the new "two year rule" applied only to courses that do not lead to a standard college degree, are offered by private (as opposed to public) institutions.  (Applied equally to private institutions run for profit as well as non-profit institutions.)

Modified, effective 10-9-96, the criteria for approval of accredited courses.  Provided for making permanent the "alternative teacher certification" pilot programs that allowed students to receive benefits for teacher certification programs that are not offered by an institution of higher learning.

Allowed additional chapter 32 (and section 903) participants to elect chapter 30 during a one-year open season ending on October 8, 1997.  Individuals had to meet specific requirements, including that he or she must have:  been serving on active duty on October 9, 1996; made a specific election to receive chapter 30 benefits; met the chapter 30 education requirements set by law; had contributions available on October 9, 1996; and had his or her basic pay reduced by $1,200.

Allowed additional persons to elect chapter 30 who first performed full-time National Guard duty under title 32 U.S.C. between July 1, 1985 through November 28, 1989.  Provided the individuals with a 9-month open season which ended on July 8, 1997.  Required a $1,200 pay reduction from individuals making an election. 

105-114

11-21-97

Veterans Benefits Act of 1997.

Provided, effective retroactively to 10-9-96, an increased rate of payment for chapter 30, category II benefits for veterans pursuing cooperative training.  The increased rate is equal to one-half of the educational assistance allowance that would be applicable for pursuit of full-time institutional training under chapter 34.

Required that individuals who, during the one-year period beginning on 10-9-96, made the election from chapter 32 to chapter 30 must have an honorable discharge.

105-178

6-9-98

Transportation Equity Act for the 21st Century. (Subtitle B—Veterans’ Benefits.)

Canceled the automatic increase due 10-1-98, and substituted a 20% rate increase.  Also provided that in future cost of living increases, the full-time rate has to be rounded up to the nearest dollar.

Increased, effective 10-1-98, the basic chapter 30 full-time monthly rate for participants with an obligated period of active duty of 3 or more years, or 2 years on active duty followed by 4 years in the Selected Reserve from $439.85 to $528.  Increased the full-time rate for participants with an obligated period of less than 3 years from $357.38 to $429.  Increased the full-time educational allowance rate under chapter 1606 from $208.93 to $251.  Increased rates for part-time attendance proportionally. 

105-206

7-21-98

Internal Revenue Service Restructuring Act of 1998.

Increased, effective 10-1-98, the basic chapter 35 full-time monthly rate from $404 to $485.  Increased rates for part-time attendance proportionally. 

105-261

10-17-98

Strom Thurmond National Defense Authorization Act for Fiscal Year 1999.

Permitted DoD, effective 10-1-98, to increase the additional payment ("kicker") of chapter 30 benefits to $950.  This is payable to participants who first enter the Armed Forces with a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit.

Permitted individuals, retroactive to 10-7-97, who receive an enlistment bonus to also be eligible for a "kicker".

105-368

11-11-98

Veterans Programs Enhancement Act of 1999.

Changed reporting fees to educational institutions from yearly based on the number of veterans enrolled on October 31 of the year or an alternate date selected by individual schools to the number of veterans who enroll in a school during the entire calendar year.

Changed the work-study program to make optional, rather than mandatory, an advance payment of work-study allowance.

Changed the high school requirement under chapter 30 to allow servicemembers to use college granted credits for life experiences as a means of meeting the high school requirement.

Required an individual to meet the medical requirements on the day he or she began a course of flight training.

Provided a waiver of some of the wage requirements when the United States or a State or local government operates the training program.

Required VA and military service branches to expand outreach services concerning VA education program requirements to members of the armed forces.

Required the military service branches to ensure separating servicemembers are well informed of the eligibility requirements for VA education benefits.

106-117

11-30-99

Veterans Millennium Health Care and Benefits Act.

Restored chapter 35 eligibility to remarried surviving spouses of veterans who terminate their remarriage on or after 11-30-99.  The termination can be by death, divorce or ceasing to live with another person and holding out to the public as the person's spouse.

Allows VA to authorize chapter 30 benefits to persons pursuing courses that prepare them to take college or graduate school entrance examinations.

Requires VA, effective retroactively to 7-1-85, for an enlisted member or warrant officer who serves continuously on active duty and successfully completes officer training school, is discharged to accept a commission as an officer on active duty, to consider the individual to have served without a break in service, provided the break does not exceed 90 days.

Requires VA to submit a one-time report to Congress on education benefits offered by States to veterans, reservists, their dependents, and survivors and vocational training offered to disabled veterans.

Requires VA to carry out a quality assurance program to perform and oversee quality reviews of the principal organizational elements of the Veterans Benefits Administration.  The annual report to Congress must include a section on quality.

106-398

10-30-00

Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001. 

Allows the military services to pay up to 100% of the tuition and expenses charged by the school.  If a service department pays less than 100%, a service member eligible for chapter 30 can elect to receive benefits for all or a portion of the remaining expenses.  The service member's entitlement is not charged for these payments.  However, his or her future monthly rate will be proportionately reduced.

106-419

11-01-00

Veterans Benefits and Health Improvement Act of 2000.

Increased, effective 11-1-00, the basic chapter 30 full-time monthly rate for participants with an obligated period of active duty of 3 or more years, or 2 years on active duty followed by 4 years in the Selected Reserve from $552 to $650.  Increased the full-time rate for participants with an obligated period of less than 3 years from $449 to $528.  Increased rates for part-time attendance proportionally.

Amends and makes uniform the requirement for a high school diploma or equivalency certificate for eligibility under chapters 30 and 1606.  (The high school diploma requirement can now be met before the individual applies for benefits.)

Allows chapter 30 claimants to use any period of active duty to establish eligibility for chapter 30 benefits.  The rule that a claimant must complete 3 years of service with certain exceptions is replaced by a rule that the claimant must complete an obligated period of service subject to the same exceptions.

Allows chapter 32 (and section 903) participants to make an irrevocable election to chapter 30 during a one-year open season ending October 31, 2001 if they were an active participant on or before October 9, 1996 and they served continuously on active duty through April 1, 2000.  The individual must have a pay reduction of $2,700 to elect chapter 30 and meet other chapter 30 requirements.

Allows chapter 30 active duty participants to contribute an additional sum up to $600 to increase their basic chapter 30 benefit.

Increased the chapter 35 full-time rate to $588.00, effective 11-1-00.  Affords chapter 35 claimants an annual rate adjustment based on increases in the Consumer Price Index effective October 1, 2001.

Permits chapter 35 children to elect the most favorable beginning date of eligibility, either the effective date of the rating (or date of death), the date of notice to the veteran, or any date between these two dates.

Requires VA to consider a chapter 35 claim filed by an eligible person as having been filed on the effective date of the person's chapter 35 entitlement, effective November 1, 2001.  (This is limited to eligible persons who submit an original chapter 35 claim within one year after the date of the rating decision first establishing the basis for the person's entitlement.)

Allows VA to authorize chapter 35 benefits to persons pursuing courses that prepare them to take college or graduate school entrance examinations.

Revised the interval payment requirements.  VA may continue payment of monthly educational assistance benefits to claimants enrolled at educational institutions during the period between terms, semesters, or quarters if the interval does not exceed eight weeks and the terms before or after the period are not shorter in length than the break between them.

Allows payment of education benefits for licensing or certification tests, effective March 1, 2001.  Veterans and eligible persons may receive up to $2,000 in fees required for civilian occupational licensing and certification examinations needed to enter, maintain, or advance in employment in a vocation or profession. (A seven member Professional Certification and Licensing Advisory Committee was established to advise on matters related to this provision. This Committee will remain in existence until December 31, 2006.)

Increases the amount available for funding services provided by State Approving Agencies from $13 million to $14 million for Fiscal Years 2001 and 2002.

107-14

6-5-01

Veterans' Survivor Benefits Improvement Act of 2001.

Reduces the length of the obligated period of active duty a service member must serve in order to establish eligibility for chapter 30 benefits. Effective November 1, 2000, the rules are restored to what they had always been throughout chapter 30. Individuals who have an obligated period of active duty of three years or more must serve at least three continuous years with certain exceptions.

Clarifies entitlement charged under chapter 30 for Tuition Assistance Top-up recipients: The entitlement charged to an individual who received Top-up will be determined by dividing the amount of assistance received by the full-time applicable basic rate.

Clarifies how additional contributions may be made for increased benefits under chapter 30: Active duty participants may contribute funds monthly in multiples of $20 to their military branch and will receive $5 per month in benefits for each $20 contributed. This provision is effective May 1, 2001, for active duty service members.

Clarifies the date of election for children eligible for chapter 35. When VA first finds chapter 35 eligibility, the eligible child may elect the beginning date of eligibility within 60 days after receiving written notice from VA of the opportunity to make the election. This provision does not say what to do if the child fails to respond within 60 days.

Enlarges the number of categories of deceased individuals for which the chapter 30 death benefit may be paid to their surviving beneficiaries. The death benefit may be paid for the service-connected death of individuals who were involuntarily separated and enrolled or were voluntarily separated and enrolled. The benefit may also be paid for the service-connected death of former VEAP participants who enrolled and their pay was reduced or the funds were taken from their retirement pay.

107-103

12-27-01

Veterans Education and Benefits Expansion Act of 2001.

Increases the rates for chapters 30 and 35 effective January 1, 2002. Makes additional increases in chapter 30 effective October 1, 2002 and October 1, 2003.

Restores entitlement used under chapters 30, 32, and 35 if a reservist or guard member is called to active duty under title 10 on or after September 11, 2001 and is forced to withdraw from school and failed to receive credit for the courses in which he/she was enrolled. It also restores entitlement used under chapters 30 and 32 to service members ordered to a new assignment or given an increased workload on or after September 11, 2001 and who are forced to withdraw from school and failed to receive credit for the courses which he/she was enrolled.

Extends the chapter 35 delimiting date of a reservist or guard member called to active duty by the time spent on active duty plus four months. This provision is effective September 11, 2001.

Establishes a new provision for paying additional chapter 30 benefits (accelerated payment) to persons enrolled in high cost programs leading to employment in a high technology industry. This provision permits acceleration of benefits by providing a lump sum payment of 60% of tuition and fees.

Establishes two new chapter 30 eligibility categories – IIC and IID. The categories affect certain Vietnam era veterans who weren't previously eligible for chapter 30.

Increases the ROTC scholarship assistance amount to $3,400 that a student under the ROTC program may receive in a school year and still retain eligibility for chapter 30.

As a pilot, expands work-study by increasing the number of places where a student can work and receive VA work-study benefits. There are now three new places that can employ work-study students. These include working where outreach services are furnished by SAA employees, at a State home where medical treatment is given and at a national cemetery or a State veterans' cemetery assisting with activities relating to the administration of these facilities (cemeteries). The pilot will end on December 27, 2006.

Invalidates the Ozer decision by setting a delimiting date for spouses eligible under chapter 35. The Ozer decision had determined that chapter 35 did not provide any delimiting date for spouses. Following December 27, 2001, new chapter 35 spouses get a ten-year delimiting date.

Extends Special Restorative Training (SRT) benefits to certain spouses and surviving spouses.

Allows new types of organizations to be considered "educational institutions." Educational institutions now include any private entity that offers, either directly or under an agreement with another entity, a course or courses to fulfill requirements for attainment or a license or certificate generally recognized as necessary to obtain, maintain, or advance employment in a vocation or profession in a high technology occupation, as determined by VA.

Expands the types of distance education courses that may be approved. Now, independent study courses can also be part of a certificate program. The entire certificate program can be offered by independent study as well. The program must lead to a certificate that reflects education attainment offered by an Institution of Higher Learning.

Expands outreach by requiring that SAAs, in addition to VA, actively promote the development of VA programs of training on the job (including apprenticeship programs). SAAs are also required to conduct outreach programs and provide outreach services to eligible persons and veterans about education and training benefits.

Specifies that a veteran who is eligible for education benefits under the provisions of chapters 30 or 32 may not be paid any education benefits for any period during which that veteran is a fugitive felon. A veteran's spouse or child who is eligible for education benefits under the provisions of chapter 35 or the chapter 30 transferred entitlement provision may not be paid any education benefits for any period during which the spouse, surviving spouse, child, or veteran is a fugitive felon. Persons receiving benefits under the provisions of chapter 1606 of title 10, or Sections 901 and 903 of Public Law 96-346 are not subject to this provision of law.

107-107

12-28-01

National Defense Authorization Act for Fiscal Year 2002.

Offers transferability as a reenlistment incentive to individuals in the chapter 30 program with specific skills or in specific specialties. The total number of months of entitlement that may be transferred to all dependents may not exceed 18 months. It’s up to the individual service to decide if they will use this incentive program.

107-314

12-2-02

Bob Stump National Defense Authorization Act for Fiscal Year 2003.

Changes the delimiting date for certain Selected Reservists training under chapter 1606 of title 10 from 10 years to 14 years. This change is effective October 1, 2002, and applies only to persons whose eligibility to chapter 1606 began on or after October 1, 1992.

Provides that dependents who receive transferred entitlement will be paid at the veteran's rate of pay and not the service member’s rate. This change amends the transferability provision of Public Law 107-107. VA will pay a dependent under this program at the veteran's rate, even though the person transferring entitlement is on active duty.

Clarifies the source of funding for the transfer of entitlement provision. Funding for this program is to be made from the Department of Defense Education Benefits Fund or from Department of Transportation appropriations as appropriate.

Amends title 10, United States Code, to provide enlistment incentives to facilitate national service. This new law establishes a National Call to Service Incentive program under which a participant agrees to perform a period of national service. Two of the 4 possible enlistment incentives are education benefits that VA will administer.

107-330

12-6-02

Veterans Benefits Improvement Act of 2002.

Changes the requirement for "employment in a high technology industry” to "employment in a high technology occupation in a high technology industry." This change in wording is retroactive to the beginning of the accelerated payment provision.

Makes a technical correction to the legislation which created eligibility categories IIC (PL 107-103). The law clarifies that category IIC individuals must have reenlisted or reentered a period of active duty after October 19, 1984.

Before, the title 38 wording was ”on or after" October 19, 1984, which created a contradiction in the rules regarding persons who reenter active duty on that one particular day. The statutory language governing category IID continues to have this wording problem.

Specifies that payments under the transfer of entitlement provision will be made from the DoD Education Benefits Fund or from appropriations made to the Department of Transportation, as appropriate.

Changes the two-year approval requirement for licensing and certification tests so that a non-governmental organization's test may be approved if the organization has offered "such test, or a test to certify or license in a similar or related occupation." This new wording is significantly more lenient than the previous wording. This is retroactively effective on November 1, 2000.

Clarifies how a child's period of eligibility is to be determined if VA "first finds" that the parent's eligibility occurred between the child's 18th and 26th birthdays. The law specifies what happens when a child fails to make an election within the required 60-day period. These changes apply to claims received on or after November 1, 2000.

Provides funding for the State approving agencies as follows: $14 million for fiscal year 2003; $18 million for fiscal years 2004 and 2005; and $19 million for fiscal years 2006 and 2007.

108-183

12-16-03

Veterans Benefits Act of 2003.

Allows surviving spouses who remarry after their 57th birthday and on or after January 1, 2004, to retain their eligibility for chapter 35 benefits. Surviving spouses who remarried after turning 57 and before the enactment of this provision have until December 16, 2004, to apply in writing for reinstatement of benefits. If they do not apply timely, they are not entitled to reinstatement of benefits at all.

Allows a beneficiary’s survivor to receive the full amount of accrued benefits in all cases. The two-year time limitation is eliminated.

Amends 38 U.S.C. 3452(e) to allow on the-job training of less than six months for certain self-employment training programs. This provision is effective June 16, 2004 and applies to veterans and members of the Selected Reserve only.

Increases the chapter 35 rates effective July 1, 2004.

Expands the PL 107-103 provision regarding the extension of delimiting dates. This new provision now includes persons eligible for chapter 35 who are involuntarily ordered to full-time National Guard duty under section 502(f) of title 32. The delimiting date for such persons is extended by an amount equal to the period of active duty plus 4 months (not subject to the age 31 limitation).

Establishes a temporary change in the computation of certain cost-of-living increases. VA is required to round down the cost-of-living increases for basic educational assistance under chapter 30 and for chapter 35 (except for apprenticeship and on-the-job training under chapter 35) from October 1, 2004 to October 1, 2013.

Allows State approving agencies to approve non-degree, non-credit entrepreneurship courses offered by a Small Business Development Center (SBDC) or the National Veterans Business Development Corporation.

Terminates VA’s education loan program effective December 16, 2003. RPOs can no longer make VA education loans.

Extends the Veterans’ Advisory Committee on Education’s existence until December 31, 2009.

Allows the Secretary to decide a claim in less than a full year if the claimant fails to prosecute his or her claim. Claimants may still submit evidence for up to one full year and retain their original date of claim. This provision is effective retroactively to November 9, 2000.

Expands the list of crimes and activities, which result in forfeiture of all VA benefits, including education benefits. The list now includes: commission of prohibited activities involving biological and chemical weapons, weapons of mass destruction, and nuclear materials, genocide, false certification by a Consular Officer, and specified acts of terrorism.

108-375

10-28-04

Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005.

Section 527 provides benefits to certain National Guard and Reserve members called or ordered to active service in response to a war or national emergency.

A member of a reserve component who serves on active duty on or after September 11, 2001 under title 10, U.S.C., for a contingency operation and who serves at least 90 consecutive days or more is eligible for chapter 1607.

National Guard members are eligible if their active duty service is 90 consecutive days and their service is authorized under section 502(f), title  32, U.S.C., or authorized by the President or Secretary of Defense for a national emergency and supported by federal funds. 

The number of months of entitlement under chapter 1607 is 36 months. A person could earn 36 months of entitlement after serving the minimum 90 days. The 48-month limitation when combining two or more education programs applies to chapter 1607. The restoration of entitlement provision applies to members under chapter 1607 who after they become eligible for chapter 1607 have to discontinue their education and fail to receive credit for coursework due to call-up. Full-time National Guard members called to active service under title 32 U.S.C. will not receive restoration of entitlement.

VA will administer the program with eligibility being determined by DoD. 

108-454

12-10-04

The Veterans Benefits Improvement Act of 2004.

Section 102, effective September 30, 2005, charges entitlement for on-job training programs under chapter 30, category II and chapter 35 at a percentage rate equal to the ratio of the training assistance allowed for the month involved to the monthly educational assistance allowance otherwise payable for full-time enrollment.

Section 103 increases benefits for chapters 30, 32, of title 38 and chapters 1606 and 1607 of title 10 for persons pursuing apprenticeship or on-job training for the period October 1, 2005 through January 1, 2008, as follows: 

75% to 85% for Step 1

55% to 65% for Step 2

35% to 45% for Step 3.

This legislation provides similar rate increases under chapter 35 of title 38 for apprenticeship and on-the-job training programs over the same time period. 

Section 104 grants authority for competency-based apprenticeship programs, and sets aside $3,000,000 for the implementation of sections 102, 103 and 104.

Section 105 grants a ten-year extension of delimiting period for chapter 35, title 38, for spouses of members who die on active duty, making the delimiting date twenty years from the date of eligibility. 

Section 106 provides education benefits for the payment of national admissions exams and national exams for credit at institutions of higher learning under chapters 30, 32, and 35.

Section 107 requires the coordination of data between the Department of Veterans Affairs and the Departments of Defense and Labor regarding registered apprenticeship programs the individual took while on active duty. 

Section 108 permits the Department of Veterans to conduct a pilot program of training of on-job training for qualified adjudicators of claims for compensation, dependency and indemnity compensation, and pension.  

Section 109 provides for the collection of payment for educational benefits under Montgomery GI Bill from members of the Selected Reserve called to active duty.  The Secretary may reduce basic pay to collect the contribution, or use any other means the Secretary determines appropriate.

Section 110 removes from the definition of a training establishment, "a joint apprenticeship committee" and adds in its place "the sponsor of a program of apprenticeship."  It also adds recordkeeping requirements for qualified providers of entrepreneurship courses. 

 
109-163
1-6-06

National Defense Authorization Act for Fiscal Year 2006.

Section 539 provides that licensing and certification tests are now payable under chapters 1606 and 1607 of title 10, U.S. Code.  Entitlement for licensing and certification tests taken under chapters 1606 and 1607 will be charged by dividing the amount paid for the test by the individual's full-time rate, less any kicker the individual would receive.

Section 540 provides that an individual can have a break in Selected Reserve service of up to 90 days and still receive chapter 1607 benefits as long as the individual remains in the Ready Reserve during and after the break. The Department of Defense and the Department of Homeland Security (for Coast Guard cases) determine eligibility under chapter 1607 and will administer this provision.

Section 545 amends title 10 to clearly state that VA is to administer the two education incentive benefits provided by the National Call to Service (NCS) program.  (These two incentive programs are an education allowance payable of (1) up to 12 months equal to the chapter 30 3-year rate or (2) up to 36 months equal to the one-half the chapter 30 2‑year rate.  Section 545 also amends title 10 to delete the Peace Corps as an option for satisfying the Phase 3 obligation of the NCS.   This section also clarifies what sections of title 38 apply to the NCS program.

109-461
12-22-06

Veterans Benefits, Health Care, and Information Technology Act of 2006.

Section 101 expands the requirements and rules of conduct for attorneys involved in the appeal process. A critical change is that this section also allows for the payment of attorney fees much earlier in the appeal process.  With this provision, attorney fees are payable with the submission of a Notice of Disagreement. In the past, VA could not pay attorney fees until after BVA made a decision.

Section 301 adds a new category to the definition of “eligible person” under chapter 35. The new category includes the spouse or child of a person who

  • VA determines has a service-connected permanent and total disability; and

  • at the time of VA's determination is a member of the Armed Forces who is hospitalized or receiving outpatient medical care, services, or treatment; and

  • is likely to be discharged or released from service for this service-connected disability.

Section 302 authorizes the restoration of entitlement benefit for chapter 35 students who are ordered to full-time National Guard duty under 32 U.S.C. 502(f).

Section 303 provides that the refund policy for non-accredited public institutions must be substantially the same as the refund policy required for accredited public educational institutions that are located within the same state.

Section 304allows VA to continue paying work-study allowance until June 30, 2007, to students performing the three work-study activities provided by Public Law 107-103. The previous authority for these provisions expired on December 26, 2006.

Section 305requires VA and DoD to submit separate biennial reports to Congress on education benefits beginning 180 days after December 22, 2006 (date of enactment of this Act) and ending on January 1, 2011.  

Section 306 requires that not later than 180 days after December 22, 2006, the date of enactment of this Act, VA shall submit to Congress a report on the administration of education benefits, including benefits under chapters 30, 31, 32, 34, 35, 36 of title 38 United States Code and chapters 1606 and 1607 of title 10, United States Code.  Such report shall propose methods to streamline the processes and procedures of administrating such benefits.

Section 307 broadens the scope of the law that allows work-study programs at Department of Defense, Coast Guard, and National Guard facilities.  The law now permits these facilities to use chapter 1607 students as well as chapter 1606 students.  These students must assist with the administration of either the chapter 1606 or the chapter 1607 program.  They cannot be used for any other purpose.

Section 1002 requires the reduction of benefits (to payment of tuition, fees, supplies and books) while a claimant is incarcerated for conviction of a felony to include incarceration in “other” penal institutions or correctional facilities. 

Before the passage of PL 109-461, an incarcerated claimant’s benefits were reduced only if incarcerated in a Federal, State, or local penal institution or correctional facility.  The addition of "other" to the existing wording requires the reduction of benefits if the claimant is incarcerated in a foreign institution. The new language also removes any doubt regarding courses taken by claimants convicted of a felony who are incarcerated at private prison facilities operating under contract with a government agency.  VA must reduce payment for these courses as well. 

Go to Top

HISTORICAL EDUCATION BENEFIT RATES

Table 3.01  Serviceman's Readjustment Act of 1944 (Public Law 78-346 and Amendments)

(Change Date:  November 20, 2007)

TYPE

DEPENDENCY
STATUS

PUBLIC LAW
 78-346

Eff. 6-22-44

PUBLIC LAW
 79-2681

Eff. 1-1-46

 PUBLIC LAW
 80-5122

Eff. 4-1-48

         

INSTITUTIONAL

NONE

$50

$65

$ 75

 

ONE

$75

$90

$105

 

TWO

$75

$90

$120

 

EACH ADDITIONAL

None

None

None

         

JOB

NONE

$50

$653

$653

 

ONE

$75

$90

$90

 

TWO

$75

$90

$90

 

EACH ADDITIONAL

None

None

None

         

COOPERATIVE

NONE

     
 

ONE

Job rates plus pro rata portion of additional for institutional training.

 

TWO

 

EACH ADDITIONAL

     
         

FARM4

NONE

$655

$67.50

 
 

ONE

$90

$93.75

 
 

TWO

$90

$97.50

 
 

EACH ADDITIONAL

None

None

 

FLIGHT  Established charges with accelerated entitlement charge of 1 day for each $2.10 paid.

CORRESPONDENCE  Established charges not to exceed $500.

1. Effective 8-8-46, statutory ceiling of $175 of allowance plus earnings if no dependents and $200 for dependents.
2.  Statutory ceiling increased to $210 for no dependents, $270 for one dependent, and $290 for two or more dependents.
3.  Subject to reduction based on statutory ceiling and wage differential (difference between trainee and journeyman wage).
4. Institutional on-farm training.
5. Added effective 9-1-47.

This was the educational assistance program for World War II veterans.  It was enacted on June 22, 1944.

The rates do not include up to $500 per academic year for tuition, fees, books, and supplies paid to educational institutions.  If veterans elected to have VA pay more than $500, the entitlement charge was one day for each additional $2.10 paid.

Go to Top

Table 3.02  Veterans Readjustment Act of 1952 (Public Law 82-550)

(Change Date:  November 20, 2007)

TYPE OF TRAINING

NO DEPENDENTS

ONE DEPENDENT

MORE THAN ONE
DEPENDENT

     

INSTITUTIONAL

     

FULL TIME

$110

$135

$160

3/4 TIME

$ 80

$100

$120

1/2 TIME

$ 50

$ 60

$ 80

LESS THAN 1/2 TIME1

     
       

INSTITUTIONAL WITH

     

ON-THE-JOB TRAINING

$90

$110

$130

       
       

COOPERATIVE

$90

$110

$130

       

APPRENTICE AND OTHER

     

ON-THE-JOB TRAINING

$702

$852

$1052

       

INSTITUTIONAL ON-FARM

$953

$1103

$1303

FLIGHT  75 percent of the charges.  Entitlement was charged at the rate of 1 day for each $1.25 paid.

CORRESPONDENCE  The cost of the lessons was paid in full based on quarterly certification.

1.  The upper limit for the less than 1/2 time rate was determined by multiplying $110 by a fraction whose numerator was the number of credit hours in which the veteran was enrolled and whose denominator was 14.  For example, if the veteran was pursing 5 hours, the upper limit was determined by multiplying $110 times 5/14, which yields $39.29.
2.  Benefits were reduced each 4 months to coincide with wage increases.
3. Benefits were reduced each 4 months.

This was the educational assistance program for veterans of the Korean Conflict. 
Public Law 82-550 was enacted on July 16, 1952.

Go to Top

Table 3.03  Chapter 34 Rates (Public Laws 89-358 & 90-77)

(Change Date:  November 20, 2007)

 

PUBLIC LAW 89-358
(Effective 6-1-66)

PUBLIC LAW 90-77
(Effective 10-1-67)

TYPE OF TRAINING

DEPENDENTS

DEPENDENTS

 

NONE

1

2

ADD

NONE

1

2

ADD

INSTITUTIONAL

               

FULL TIME

$100

$125

$150

 0

$130

$155

$175

$10

3/4 TIME

$ 75

$ 95

$115

 0

$ 95

$115

$135

$ 7

1/2 TIME

$ 50

$ 65

$ 75

 0

$ 60

$ 75

$ 85

$ 5

LESS THAN 1/2 TIME

$ 501

     

$ 601

     

1/4 TIME

$ 251

     

$ 301

     

COOPERATIVE

               

FULL TIME ONLY

$ 80

$100

$120

 0

$105

$125

$145

$7

FARM COOPERATIVE2

               

FULL TIME

       

$105

$125

$145

$7

3/4 TIME

               

1/2 TIME

               

ON-THE-JOB/ APPRENTICESHIP2

               

FIRST 6 MONTHS

               
   

$80

$90

$100

0

     

SECOND 6 MONTHS

       

$60

$70

$ 80

 0

THIRD 6 MONTHS

       

$40

$50

$ 60

 0

FOURTH AND  SUCCEEDING  6 MOS.

       

$20

$30

$ 40

 0

FLIGHT2 3 The allowance payable was 90 percent of established charges.

CORRESPONDENCE4 Established charge for number of lessons completed by student and serviced by educational institution - allowance paid quarterly.

1.  Monthly rate for these courses could not exceed the monthly pro rata cost of the course or the rate listed here, whichever was less. 
2.  Pursuit of these courses was not permitted under Public Law 89-358.
3. Entitlement was charged at the rate of 1 month for each $130 paid under Public Law 90-77.
4. Entitlement was charged at the rate of 1/4 month of the elapsed time used for courses started and completed before 12-1-68. 

NOTE:  Individuals on active duty were not eligible for apprenticeship, cooperative, farm cooperative, and other on-the-job training programs.  For resident training, the monthly rate paid to individuals on active duty was the monthly pro rata cost of the course or the rate for a veteran without any dependents, whichever was the lesser.  For flight and correspondence training, reimbursement was the same as stated for veterans.

Tables 3.03 through 3.08 give the rates for the educational assistance program for veterans of the Vietnam Era.

Go to Top

Table 3.04  Chapter 34 Rates (Public Laws 90-631 & 91-219)

(Change Date:  November 20, 2007)

 

PUBLIC LAW 90-631
(Effective 12-1-68)

PUBLIC LAW 91-219
(Effective 2-1-70)

TYPE OF TRAINING

DEPENDENTS

DEPENDENTS

 

NONE

1

2

ADD

NONE

1

2

ADD

INSTITUTIONAL

               

FULL TIME

$130

$155

$175

$10

$175

$205

$230

$13

3/4 TIME

$ 95

$115

$135

$ 7

$128

$152

$177

$10

1/2 TIME

$ 60

$ 75

$ 85

$ 5

$ 81

$100

$114

$ 7

LESS THAN 1/2 TIME

$ 601

     

$ 811

     

1/4 TIME

$ 301

     

$ 411

     

COOPERATIVE

               

FULL TIME ONLY

$105

$125

$145

$7

$141

$167

$192

$10

FARM COOPERATIVE

               

FULL TIME

$105

$125

$145

$7

$141

$165

$190

$10

3/4 TIME

$ 75

$ 90

$105

$5

$101

$119

$138

$ 7

1/2 TIME

$ 50

$ 60

$ 70

$3

$ 67

$ 79

$ 92

$ 4

ON-THE-JOB/ APPRENTICESHIP2

               

FIRST 6 MONTHS

$80

$90

$100

 0

$108

$120

$133

 0

SECOND 6 MONTHS

$60

$70

$ 80

 0

$ 81

$ 92

$105

 0

THIRD 6 MONTHS

$40

$50

$ 60

 0

$ 54

$ 66

$ 79

 0

FOURTH AND  SUCCEEDING  6 MOS.

$20

$30

$ 40

 0

$ 27

$ 39

$ 52

 0

FLIGHT2 The allowance payable was 90 percent of established charges.

CORRESPONDENCE Established charge for number of lessons completed by student and serviced by educational institution - allowance paid quarterly. 

1.  Monthly rate for these courses could not exceed the monthly pro rata cost of the course or the rate listed here, whichever was less. 
2. Entitlement was charged at the rate of 1 month for each $130 paid under Public Law 90-631 and each $175 paid under Public Law 91-219.
3. Entitlement was charged at the rate of 1 month for each $130 paid under Public Law 90-631 and each $175 paid under Public Law 91-219. (For courses started and completed before 12-1-68, entitlement was charged at 1/4 of the elapsed time used.)

NOTE: Individuals on active duty were not eligible for apprenticeship, cooperative, farm cooperative, and other on-the-job training programs.  For resident training, the monthly rate paid to individuals on active duty was the monthly pro rata cost of the course or the rate for a veteran without any dependents, whichever was the lesser.  For flight and correspondence training, reimbursement was the same as stated for veterans. 

Go to Top

Table 3.05  Chapter 34 Rates (Public Laws 92-540 & 93-508)

(Change Date:  November 20, 2007)

 

PUBLIC LAW 92-540
(Effective 10-1-72) 4

PUBLIC LAW 93-508
(Effective 9-1-74)

TYPE OF TRAINING

DEPENDENTS

DEPENDENTS

 

NONE

1

2

ADD

NONE

1

2

ADD

INSTITUTIONAL

               

FULL TIME

$220

$261

$298

$18

$270

$321

$366

$22

3/4 TIME

$165

$196

$224

$14

$203

$240

$275

$17

1/2 TIME

$110

$131

$149

$ 9

$135

$160

$182

$11

LESS THAN 1/2 TIME

$1101

     

$1301

     

1/4 TIME

$ 551

     

$ 651

     

COOPERATIVE

               

FULL TIME ONLY

$177

$208

$236

$14

$217

$255

$289

$17

FARM COOPERATIVE

               

FULL TIME

$177

$208

$236

$14

$217

$255

$289

$17

3/4 TIME

$133

$156

$177

$11

$163

$191

$218

$13

1/2 TIME

$ 89

$104

$118

$ 7

$109

$128

$145

$ 9

ON-THE-JOB/ APPRENTICESHIP

               

FIRST 6 MONTHS

$160

$179

$196

$8

$189

$212

$232

$9

SECOND 6 MONTHS

$120

$139

$156

$8

$142

$164

$184

$9

THIRD 6 MONTHS

$ 80

$ 99

$116

$8

$ 95

$117

$137

$9

FOURTH AND  SUCCEEDING  6 MOS.

$ 40

$ 59

$ 76

$8

$ 47

$ 70

$ 90

$9

FLIGHTThe allowance payable was 90 percent of established charges.

CORRESPONDENCE  Established charge for number of lessons completed by student and serviced by educational institution - allowance paid quarterly. Enrollment agreements entered into before 1-1-73, received 100 percent of the established charge. Those entered into after 12-31-72, received 90 percent of the established charge.

1. Monthly rate for these courses could not exceed the monthly pro rata cost of the course or the rate listed here, whichever was less. 
2.  Entitlement was charged at the rate of 1 month for each $220 paid under Public Law 92-540, and $270 paid under Public Law 93-508.
3. Entitlement was charged. at the rate of 1 month for each $220 paid under Public Law 92-540, and $270 paid under Public Law 93-508.
4. For veterans in training on 10-24-72, date of enactment, the effective date of the increase was commencement of the current enrollment, but not before 9-1-72.

NOTE: Individuals on active duty were not eligible for apprenticeship, cooperative, farm cooperative, and other on-the-job training programs.  For resident training, the monthly rate paid to individuals on active duty was the monthly pro rata cost of the course or the rate for a veteran without any dependents, whichever was the lesser.  For flight and correspondence training, reimbursement was the same as stated for veterans. 

Go to Top

Table 3.06  Chapter (Public Laws 93-602 & 94-502)

(Change Date:  November 20, 2007)

 

PUBLIC LAW 93-602
(Effective 1-1-75)

PUBLIC LAW 94-502
(Effective 10-1-76)

TYPE OF TRAINING

DEPENDENTS

DEPENDENTS

 

NONE

1

2

ADD

NONE

1

2

ADD

INSTITUTIONAL

               

FULL TIME

$270

$321

$366

$22

$292

$347

$396

$24

3/4 TIME

$203

$240

$275

$17

$219

$260

$297

$18

1/2 TIME

$135

$160

$182

$11

$146

$174

$198

$12

LESS THAN 1/2 TIME

$1351

     

$1461

     

1/4 TIME

$ 681

     

$ 731

     

COOPERATIVE

               

FULL TIME ONLY

$217

$255

$289

$17

$235

$276

$313

$18

FARM COOPERATIVE

               

FULL TIME

$217

$255

$289

$17

$235

$276

$313

$18

3/4 TIME

$163

$191

$218

$13

$176

$207

$235

$14

1/2 TIME

$109

$128

$145

$ 9

$118

$138

$157

$ 9

ON-THE-JOB/ APPRENTICESHIP

               

FIRST 6 MONTHS

$196

$220

$240

$10

$212

$238

$260

$11

SECOND 6 MONTHS

$147

$171

$191

$10

$159

$185

$207

$11

THIRD 6 MONTHS

$ 98

$122

$142

$10

$106

$132

$154

$11

FOURTH AND  SUCCEEDING  6 MOS.

$ 49

$ 73

$ 93

$10

$ 53

$ 79

$101

$11

FLIGHT2 The allowance payable was 90 percent of established charges.

CORRESPONDENCE  Established charge for number of lessons completed by student and serviced by educational institution - allowance paid quarterly.  Enrollment agreements entered into after 12-31-72 received 90 percent of the established charges.

1. Monthly rate for these courses could not exceed the monthly pro rata cost of the course or the rate listed here, whichever was less. 
2.  Entitlement was charged at the rate of 1 month for each $270 paid under Public Laws 93-602 and 94-502.
3.   Entitlement was charged at the rate of 1 month for each $270 paid under Public Law 93-602 and $292 paid under Public Law 94-502.

NOTE:  Individuals on active duty were not eligible for apprenticeship, cooperative, farm cooperative, and other on-the-job training programs.  For resident training, the monthly rate paid to individuals on active duty was the monthly pro rata cost of the course or the rate for a veteran without any dependents, whichever was the lesser.  For flight and correspondence training, reimbursement was the same as stated for veterans. 

Go to Top

Table 3.07  Chapter 34 Rates (Public Laws 95-202 & 96-466)

(Change Date:  November 20, 2007)

 

PUBLIC LAW 95-202
(Effective 10-1-77)

PUBLIC LAW 96-466
(Effective 10-1-80)

TYPE OF TRAINING

DEPENDENTS

DEPENDENTS

 

NONE

1

2

ADD

NONE

1

2

ADD

INSTITUTIONAL

               

FULL TIME

$311

$370

$422

$26

$327

$389

$443

$27

3/4 TIME

$233

$277

$317

$19

$245

$292

$332

$20

1/2 TIME

$156

$185

$211

$13

$164

$195

$222

$14

LESS THAN 1/2 TIME

$1561

     

$1641

     

1/4 TIME

$ 781

     

$ 821

     

COOPERATIVE

               

FULL TIME ONLY

$251

$294

$334

$19

$ 264

$309

$351

$21

FARM COOPERATIVE

               

FULL TIME

$251

$294

$334

$19

$264

$309

$351

$20

3/4 TIME

$188

$221

$251

$15

$198

$232

$263

$15

1/2 TIME

$126

$147

$167

$10

$132

$155

$176

$10

ON-THE-JOB/ APPRENTICESHIP

               

FIRST 6 MONTHS

$226

$254

$277

$12

$237

$267

$291

$13

SECOND 6 MONTHS

$169

$197

$221

$12

$177

$207

$232

$13

THIRD 6 MONTHS

$113

$141

$164

$12

$119

$148

$172

$13

FOURTH AND  SUCCEEDING  6 MOS.

$ 56

$ 84

$108

$12

$ 59

$ 88

$113

$13

FLIGHT2 The allowance payable for flight training begun after 9-1-80, was 90 percent of the established charges for training completed before 10-1-80, and 60 percent of established charges for training completed on or after 10-1-80.  No new enrollments were allowed after 9-30-81.

CORRESPONDENCE  Established charge for number of lessons completed by student and serviced by educational institution - allowance paid quarterly.  Enrollment agreements entered into after 9-1-80, received 90 percent of the established charges for lessons completed before 10-1-80, and 70 percent of the established charges for lessons completed after 9-30-80.

1.  Monthly rate for these courses could not exceed the monthly pro rata cost of the course or the rate listed here, whichever was less. 
2.  Entitlement was charged at the rate of 1 month for each $288 paid under Public Law 95-202 and $302 paid under Public Law 96-466.
3.  Entitlement was charged at the rate of 1 month for each $311 paid under Public Law 95-202 and $327 paid under Public Law 96-466.

NOTE:  Individuals on active duty were not eligible for apprenticeship, cooperative, farm cooperative, and other on-the-job training programs.  For resident training, the monthly rate paid to individuals on active duty was the monthly pro rata cost of the course or the rate for a veteran without any dependents, whichever was the lesser.  For flight and correspondence training, reimbursement was the same as stated for veterans. 

Go to Top

Table 3.08  Chapter 34 Rates (Public Laws 96-466 & 98-543)

(Change Date:  November 20, 2007)

 

PUBLIC LAW 96-466
(Effective 1-1-81)

PUBLIC LAW 98-543
(Effective 10-1-84)

TYPE OF TRAINING

DEPENDENTS

DEPENDENTS

 

NONE

1

2

ADD

NONE

1

2

ADD

INSTITUTIONAL

               

FULL TIME

$342

$407

$464

$29

$376

$448

$510

$32

3/4 TIME

$257

$305

$348

$22

$283

$336

$383

$24

1/2 TIME

$171

$204

$232

$15

$188

$224

$255

$17

LESS THAN 1/2 TIME

$1711

     

$1881

     

1/4 TIME

$ 861

     

$ 941

     

COOPERATIVE

               

FULL TIME ONLY

$276

$323

$367

$21

$304

$355

$404

$23

FARM COOPERATIVE

               

FULL TIME

$276

$323

$367

$21

$304

$355

$404

$23

3/4 TIME

$207

$242

$275

$16

$228

$266

$303

$18

1/2 TIME

$138

$162

$184

$11

$152

$178

$202

$12

ON-THE-JOB/ APPRENTICESHIP

               

FIRST 6 MONTHS

$249

$279

$305

$13

$274

$307

$336

$14

SECOND 6 MONTHS

$186

$217

$243

$13

$205

$239

$267

$14

THIRD 6 MONTHS

$124

$155

$180

$13

$136

$171

$198

$14

FOURTH AND  SUCCEEDING  6 MOS.

$ 62

$ 92

$119

$13

$ 68

$101

$131

$14

FLIGHT2 The allowance payable for flight training begun after 9-1-80, was 90 percent of the established charges for training completed before 10-1-80, and 60 percent of established charges for training completed on or after 10-1-80.  No new enrollments were allowed after 9-30-81.

CORRESPONDENCE  Established charge for number of lessons completed by student and serviced by educational institution - allowance paid quarterly.  Enrollment agreements entered into after 9-1-80, received 90 percent of the established charges for lessons completed before 10-1-80, and 70 percent of the established charges for lessons completed after 9-30-80.  Those entered into after 9-30-81, received 55 percent of the established charges.

1.  Monthly rate for these courses could not exceed the monthly pro rata cost of the course or the rate listed here, whichever was less. 
2. Entitlement was charged at the rate of 1 month charged for each $317 paid under Public Laws 96-466 and 98-543.
3.  Entitlement was charged at the rate of 1 month for each $342 paid under Public Law 96-466 and $376 paid under Public Law 98-543.

NOTE:  Individuals on active duty were not eligible for apprenticeship, cooperative, farm cooperative, and other on-the-job training programs.  For resident training, the monthly rate paid to individuals on active duty was the monthly pro rata cost of the course or the rate for a veteran without any dependents, whichever was the lesser.  For flight and correspondence training, reimbursement was the same as stated for veterans.