15. VETERANS' READJUSTMENT BENEFITS ACT OF 1966, AS AMENDED THROUGH THE 90TH CONGRESS, FIRST SESSION Enacted on March 3, 1966 as P.L. 89-358 (80 Stat. 12). Amended on August 31, 1967 by P.L. 90-77 (81 Stat. 178). AN ACT To Provide readjustment assistance to veterans who serve in the Armed Forces during the induction period. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "Veterans' Readjustment Benefits Act of 1966". EDUCATIONAL BENEFITS SEC. 2. Part III of title 38, United States Code, is amended by inserting immediately after chapter 31 thereof the following new chapter: CHAPTER 34-VETERANS' EDUCATIONAL ASSISTANCE Sec. 1651. Purpose. 1652. Definitions. SUBCHAPTER I-PURPOSE-DEFINITIONS SUBCHAPTER II-ELIGIBILITY AND ENTITLEMENT 1661. Eligibility; entitlement; duration. 1662. Time limitations for completing a program of education. 1663. Educational and vocational counseling. SUBCHAPTER III-ENROLLMENT 1670. Selection of program. 1671. Applications; approval. 1672. Change of program. 1673. Disapproval of enrollment in certain courses. 1674. Discontinuance for unsatisfactory conduct or progress. 1675. Period of operation for approval. 1676. Education outside the United States. 1677. Flight training. 1678. Special training for the educationally disadvantaged. SUBCHAPTER IV-PAYMENTS TO ELIGIBLE VETERANS 1681. Educational assistance allowance. 1682. Computation of educational assistance allowances. 1683. Apprenticeship or other on-job training. 1684. Measurement of courses. 1685. Overcharges by educational institutions. 1686. Approval of courses. 1687. Discontinuance of allowances. 91-165 0-68-pt. 2- -20 SUBCHAPTER I-PURPOSE-DEFINITIONS § 1651. Purpose The Congress of the United States hereby declares that the education program created by this chapter is for the purpose of (1) enhancing and making more attractive service in the Armed Forces of the United States, (2) extending the benefits of a higher education to qualified and deserving young persons who might not otherwise be able to afford such an education, (3) providing vocational readjustment and restoring lost educational opportunities to those service men and women whose careers have been interrupted or impeded by reason of active duty after January 31, 1955, and (4) aiding such persons in attaining the vocational and educational status which they might normally have aspired to and obtained had they not served their country. § 1652. Definitions For the purposes of this chapter (a) (1) The term "eligible veteran" means any veteran who (A) served on active duty for a period of more than 180 days any part of which occurred after January 31, 1955, and who was discharged or released therefrom under conditions other than dishonorable or (B) was discharged or released from active duty after such date for a service-connected disability. (2) The requirement of discharge or release, prescribed in paragraph (1)(A), shall be waived in the case of any individual who served at least two years in an active-duty status for so long as he continues on active duty without a break therein. (3) For purposes of paragraph (1)(A) and section 1661 (a), the term "active duty" does not include any period during which an individual (A) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians. (B) served as a cadet or midshipman at one of the service academies, or (C) served under the provisions of section 511(d of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard or as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve. Marine Corps Reserve, or Coast Guard Reserve. (b) The term "program of education" means any curriculum or any combination of unit courses or subjects pursued at an educational institution which is generally accepted as necessary to fulfill requirements for the attainment of a predetermined and identified educational, professional, or vocational objective (c) The term "educational institution" means any public or private secondary school, vocational school, correspondence school, business school, junior college, teachers' college, college, normal school, professional school, university, or scientific or technical institution, or any other institution if it furnishes education at the secondary school level or above. (d) The term "dependent" means (1) a child of an eligible veteran; (2) a dependent parent of an eligible veteran; and (e) For the purposes of this chapter and chapter 36 of this title, the term "training establishment" means any establish- 81 Stat. 186. ment providing apprentice or other training on the job, including those under the supervision of a college or university or any State department of education, or any State apprenticeship agency, or any State board of vocational education, or any joint apprenticeship committee, or the Bureau of Apprenticeship and Training established pursuant to chapter 4C of title 29, United States Code, or any agency of the Federal Government authorized to supervise such training. SUBCHAPTER II—ELIGIBILITY AND ENTITLEMENT § 1661. Eligibility; entitlement; duration Entitlement (a) Except as provided in subsection (b), each eligible veteran shall be entitled to educational assistance under this chapter for a period of one month (or to the equivalent thereof in part-time educational assistance) for each month or fraction thereof of his service on active duty after January 31, 1955. Entitlement Limitations 29 U.S.C. 50, 50a, 50b. (b) Except as provided in subsection (c) and in section 1678 81 Stat. 188. of this chapter, in no event shall an eligible veteran receive educational assistance under this chapter for a period which, when combined with education and training received under any or all of the laws listed below, will exceed thirty-six months (1) parts VII or VIII, Veterans Regulation Numbered 38 U.S.C., 1952 1(a), as amended; (2) title II of the Veterans' Readjustment Assistance Act of 1952; Ed., ch. 12A. 38 U.S.C. 1601 note. (3) the War Orphans' Educational Assistance Act of 38 U.S.C. 1701 et seq. 1956; (4) chapters 31, 33, and 35 of this title. (c) Whenever the period of entitlement under this section of an eligible veteran who is enrolled in an educational institution regularly operated on the quarter or semester system ends during a quarter or semester, such period shall be extended to the termination of such unexpired quarter or semester. In educational institutions not operated on the quarter or semester system, whenever the period of eligibility ends after a major portion of the course is completed such period shall be extended to the end of the course or for twelve weeks, whichever is the lesser period. (d) If an eligible veteran is entitled to educational assistance under this chapter and also to vocational rehabilitation under chapter 31 of this title, he must, if he wants either, elect whether he will receive educational assistance or vocational rehabilitation. If an eligible veteran is entitled to educational assistance under this chapter and is not entitled to such vocational rehabilitation, but after beginning his program of education 81 Stat. 188. becomes entitled (as determined by the Administrator) to such vocational rehabilitation, he must, if he wants either, elect whether to continue to receive educational assistance or whether to receive such vocational rehabilitation. If he elects to receive vocational rehabilitation, the program of education under this chapter shall be utilized to the fullest extent practicable in determining the character and duration of vocational rehabilitation to be furnished him. § 1662. Time limitations for completing a program of education Delimiting Period for Completion (a) No educational assistance shall be afforded an eligible veteran under this chapter beyond the date eight years after his last discharge or release from active duty after January 31, 1955. Correction of Discharge (b) In the case of any eligible veteran who has been prevented, as determined by the Administrator, from completing a program of education under this chapter within the period prescribed by subsection (a), because he had not met the nature of discharge requirements of this chapter before a change, correction, or modification of a discharge or dismissal made pursuant to section 1553 of title 10, the correction of the military records of the proper service department under section 1552 of title 10, or other corrective action by competent authority, then the 8-year delimiting period shall run from the date his discharge or dismissal was changed, corrected, or modified. Saving Clause (c) In the case of any eligible veteran who was discharged or released from active duty before the date for which an educational assistance allowance is first payable under this chapter, the 8-year delimiting period shall run from such date, if it is later than the date which otherwise would be applicable. In the case of any eligible veteran who was discharged or released from active duty before the date of enactment of this sentence and who pursues a course of farm cooperative training, apprenticeship or other training on the job, or flight training within the provisions of section 1677 of this chapter, the eight-year delimiting period shall run from the date of enactment of this sentence, if it is later than the date which would otherwise be applicable. § 1663. Educational and vocational counseling The Administrator may arrange for educational and vocational counseling for veterans eligible for educational assistance under this chapter. At such intervals as he deems necessary, he shall make available information respecting the need for general education and for trained personnel in the various crafts, trades, and professions. Facilities of other Federal agencies collecting such information shall be utilized to the extent he deems practicable. SUBCHAPTER III-ENROLLMENT § 1670. Selection of program Subject to the provisions of this chapter, each eligible veteran may select a program of education to assist him in attaining an educational, professional, or vocational objective at any educational institution (approved in accordance with chapter 36 of this title) selected by him, which will accept and retain him as a student or trainee in any field or branch of knowledge which such insititution finds him qualified to undertake or pursue. § 1671. Applications; approval Any eligible veteran who desires to intiate a program of education under this chapter shall submit an application to the Administrator which shall be in such form, and contain such information, as the Administrator shall prescribe. The administrator shall approve such application unless he finds that such veteran is not eligible for or entitled to the educational assistance applied for, or that his program of education fails to meet any of the requirements of this chapter, or that he is already qualified. The Administrator shall notify the eligible veteran of the approval or disapproval of his application. § 1672. Change of program (a) Except as provided in subsection (b), each eligible veteran (except an eligible veteran whose program has been interrupted or discontinued due to his own misconduct, his own neglect, or his own lack of application) may make not more than one change of program of education. (b) The Administrator may approve one additional change (or an initial change in the case of a veteran not eligible to make a change under subsection (a)) in program if he finds that (1) the program of education which the eligible veteran proposes to pursue is suitable to his attitudes, interests, and abilities; and (2) in any instance where the eligible veteran has interrupted, or failed to progress in, his program due to his own misconduct, his own neglect, or his own lack of application, there exists a reasonable likelihood with respect to the program which the eligible veteran proposes to pursue that there will not be a recurrence of such an interruption or failure to progress. (c) As used in this section the term "change of program of education" shall not be deemed to include a change from the pursuit of one program to pursuit of another where the first program is prerequisite to, or generally required for, entrance into pursuit of the second. § 1673. Disapproval of enrollment in certain courses (a) The Administrator shall not appove the enrollment of an eligible veteran in any type of course which the Administrator finds to be avocational or recreational in character unless the eligible veteran submits justification showing that the course will be of bona fide use in the pursuit of his present or contemplated business or occupation. |