Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
289844202
label
National Service – Volume 2 – F. Publications, Long Articles, & Book Chapters – Final Report on Veterans’ Education Policy [binder] [2]
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
289844202
contentType
document
title
National Service – Volume 2 – F. Publications, Long Articles, & Book Chapters – Final Report on Veterans’ Education Policy [binder] [2]
citationUrl
collections
Records of the Office of National Service (Clinton Administration)
Richard C. (Rick) Allen's Files
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
289844202
levelOfDescription
fileUnit
otherTitles
287276765-20130661F-Seg2-006-024-2023
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
8ab87a61b469c26f
ocrText
FOIA Number: 2013-0661-F (2)
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
National Service
Series/Staff Member:
Rick Allen
Subseries:
OA/ID Number:
1292
FolderID:
Folder Title:
National Service - Volume 2 - F. Publications, Long Articles, & Book Chapters - Final Report on
Veterans' Education Policy [binder] [2]
Stack:
Row:
Section:
Shelf:
Position:
S
66
2
6
3
Mitigating Circumstances
COMMISSION RECOMMENDATION:
Modify the "mitigating circumstances" policy to permit
students to withdraw without penalty from a course or
courses up to a specified limit with a non-punitive grade
without producing mitigating circumstances for the
withdrawal.
VA INTERIM RESPONSE:
VA concurs with Commission's position and notes that
legislation along these lines was enacted in Public Law
100-689.
VA RESPONSE:
This provision of Public Law 100-689 has been implemented.
In its final report, the Commission noted a question regarding
interpretation of this provision of Public Law 100-689;
specifically, whether forgiveness applies to the first instance of
withdrawal by any veteran (regardless of prior withdrawals) after
the June 1, 1989, effective date, or whether beginning June 1, 1989,
VA will "forgive" a veteran's first instance of withdrawal. The
Commission asked for clarification of the provision.
The implementing instructions we have issued for this provision of
law forgive a veteran's first instance of withdrawal after June 1,
1989, regardless of any withdrawals prior to that date.
- 45 -
COMMISSION RECOMMENDATION:
Specify that "mitigating circumstances" may include child
care difficulties.
VA INTERIM RESPONSE:
VA is in agreement and will propose a change in regulations.
VA RESPONSE:
A change to the regulations has been proposed for each of
the various education chapters.
A change to the regulations to specify that mitigating circumstances
may include child care difficulties was not required, but the change
was made for clarification of the regulatory provisions. The
Department also has notified all regional offices to immediately
implement this policy.
- 46 -
Publications
COMMISSION RECOMMENDATION:
Make available on a regular basis up-to-date publications
such as newsletters and manuals designed to assist
institutions in administering benefits.
VA INTERIM RESPONSE:
VA agrees.
VA RESPONSE:
VA continues to make every effort to keep institutions as
informed as possible about the administration of the
various education programs.
Since our interim report was submitted last year, the Department has
already published and distributed one update to the manual,
"Certification of Students Under Veterans' Laws," published jointly
by the Department and the American Association of Collegiate
Registrars and Admissions Officers (AACRAO). A second update is in
process at this time and should be printed in the near future to
incorporate changes made by Public Laws 100-689 and 101-237. The
new loose-leaf format agreed upon between VA and AACRAO is working
out well, much to everyone's satisfaction. The Department has
received praise for these efforts.
Discussion is included, earlier in this report, in the section
"Counseling and Support Services to Veterans," of the recent
4?
legislation (Public Law 101-237) requiring VA to prepare and update
a document providing information on education benefits.
Distribution of this document on a regular basis to educational
institutions and others involved with the administration of
education programs is also required. Also discussed in the same
section is the cooperative effort between VA and DANTES to publish
articles in the DANTES newsletter sent to Education Service Officers
stationed at education centers around the world.
The Department continues to examine alternatives of producing and
distributing information to the public. The subscription approach
suggested by the Commission is one such possibility. Of course, any
effort in this regard must take into account the availability of
resources.
Another means of distributing information which has also proven
beneficial is VA participation in major meetings of educational
associations. The Department has contributed to such meetings of
the National Association of Veterans' Program Administrators,
AACRAO, the National Home Study Council, the National Association of
State Approving Agencies, and many others. All those concerned have
expressed the opinion that they have benefited greatly from this
direct participation. As resources permit, we will continue to
maintain such participation.
- 48 -
COMMISSION RECOMMENDATION:
Rewrite the chapters of title 38, USC, pertaining to
educational assistance programs (and, as necessary, other
provisions of law) to provide for better organization,
clarity, readability, and understanding (particularly in
view of the termination of the chapter 34 program on
December 31, 1989.)
VA INTERIM RESPONSE:
VA agrees that provisions could be rewritten to be more
understandable to the layman; however, we believe that our
limited resources could be put to more effective use.
VA RESPONSE:
We continue in our belief that a rewriting of title 38
could serve to provide greater clarity and we look forward
to working with the Committees.
- 49 -
Remedial, Deficiency, and Refresher Training
COMMISSION RECOMMENDATION:
Make available G.I. Bill benefits for remedial, deficiency,
and refresher training under all of the various educational
assistance programs, including the programs established by
the Hostage Relief Act (HRA) and the Omnibus Diplomatic
Security and Antiterrorism Act, as well as the chapters 30
and 106 and section 901 and 903 programs.
VA INTERIM RESPONSE:
VA agrees in principle with these recommendations except
that it supports charging entitlement for benefits paid for
pursuit of remedial, deficiency, and refresher courses as
provided in current law. We note that the recently enacted
legislation addressing the issue of remedial, deficiency,
and refresher training under chapters 30 and 32 did not
resolve the consistency issue with respect to chapter 106
and sections 901 and 903. VA supports the Commission's
position.
VA RESPONSE:
VA continues to support the Commission in this regard. We
note that, although there continues to be legislation on
this issue, there is no standardization of the
administration of these programs.
The Department reiterates the position taken by the Commission in
its final report. Although Public Law 100-689 addressed this issue,
as did Public Law 101-237, we continue to recommend standardization
and consistency among the various educational assistance programs.
As an example, Public Law 100-689 permitted refresher training for
chapter 30 and chapter 32. It permitted deficiency and remedial
training in chapter 30, chapter 32, and chapter 35. Public Law
101-189 allowed refresher, remedial and deficiency training,
effective October 1, 1990, for chapter 106. Refresher training is
defined in the regulations as either training at the secondary level
- 50 -
or as training to update knowledge and skills in the individual's
field of employment above the elementary or secondary education
level. This latter type of training, to update knowledge and
skills, was not made available to chapter 35. Subsequently, Public
Law 101-237 redefined refresher training for chapter 30 and chapter
32 to specify that the technological advances 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. No
similar provision was made for chapter 35.
It is the Department's position to give full support to the
principle of standardization wherever possible. As the Commission
continually stressed, there is a tremendous need for standardization
and consistency among the various educational assistance programs.
COMMISSION RECOMMENDATION:
Resolve the issue of the charge to entitlement for this
type of training in a consistent manner. Based on the
precedent established by the chapter 34 program, the
Commission believes that there should be no charge to
entitlement for benefits paid for this pursuit.
VA INTERIM RESPONSE:
VA is in agreement with resolving the charge to entitlement
for this type of training in a consistent manner, but
differs in that it advocates that entitlement charges be
made for the pursuit of all courses.
- 51 -
VA RESPONSE:
VA continues to support the position taken in our interim
response. The Commission urged the Congress to resolve the
issue of the charge to entitlement in a consistent manner.
The Department concurs. We have submitted a legislative
proposal to this effect. (See Exhibit A, Legislative
Proposals, #10.)
- 52 -
Reporting Fees
COMMISSION RECOMMENDATION:
Increase the amount of reporting fees paid on an annual
basis.
VA INTERIM RESPONSE:
VA opposes. While the activities required by the
institutions are significant, they are decreasing as the
overall number of students receiving VA benefits
decreases. In addition, institutions receive tuition from
all of these students, a part of which is attributable to
administration. Given the added enrollments provided by VA
education programs, there is no need to increase the
reporting fee for activities that are best characterized as
a cost of doing business.
VA RESPONSE:
Due to budgetary constraints VA cannot support an increase
in reporting fees at this time.
COMMISSION RECOMMENDATION:
Provide that the amount of the fee be based on a scale,
rather than a head count. For example, schools which have
5 or fewer eligibles enrolled would be paid "X", schools
with 6 to 25 eligibles enrolled would be paid "Y", and so
forth.
VA INTERIM RESPONSE:
VA agrees that the reporting fees should be a reflection of
the total number of veterans who train at an institution
during a calendar year. We support in concept the scale
approach, but believe that the data for determining
placement on the scale should be extracted from VA's own
computer system. We further assert that any scale should
pay less per student as the number of students increases,
recognizing the economies of scale for administering
activities.
- 53 - -
VA RESPONSE:
The Department believes the present reporting fee provision
is workable, but would have no objection to the scale
approach, as set forth in our interim response.
COMMISSION RECOMMENDATION:
Include chapter 31 trainees in the count of those on whose
behalf the fee is paid.
VA INTERIM RESPONSE:
VA would like to study this issue and will examine the need
for the fee in the context of the book handling charge
already being paid to institutions.
VA RESPONSE:
Public Law 101-237 included chapter 31 trainees in the
annual reporting fee count.
- 54 - -
Restoration of Pay Reductions Under Certain Circumstances
COMMISSION RECOMMENDATION:
Permit the restoration of pay reductions as a death benefit
and in certain other limited circumstances; i.e., in cases
of individuals found eligible for chapter 31, and of those
who do not complete their required period of service
because of a preexisting medical condition.
VA INTERIM RESPONSE:
VA agrees with the recommendations with respect to death
benefits and notes that subsequent to the Commission
deliberations on this topic, legislative action was taken
to provide a death benefit.
VA RESPONSE:
Additional amendatory legislation, which the Department
supported, addressed the concern expressed by the
Commission in its final report, that the death benefit
should be extended to those who died on active duty but had
not established eligibility for chapter 30 because they had
not received their high school diplomas.
We agree with the recommendation to extend the death
benefit to survivors of veterans who die of service
connected causes following their discharge from active
duty. We do not support the recommendations concerning
veterans eligible for the Vocational Rehabilitation program
or those discharged from active duty because of a medical
condition which preexisted service.
Public Law 100-689 provided for a death benefit for survivors of
chapter 30 participants who die on active duty. One of the concerns
expressed by the Commission in its final report was that in order to
establish eligibility for this benefit, the deceased serviceperson
must have received a high school diploma or its equivalency by the
time of death.
- 55 - -
Public Law 101-237 extended eligibility for the death benefit to
chapter 30 participants who die on active duty prior to establishing
Montgomery G.I. Bill eligibility through the attainment of a high
school diploma or the equivalent. The Department is pleased that
this inequity has been corrected by the Congress.
The Commission also recommended that pay restoration be provided for
survivors of those honorably discharged veterans who die of service
connected causes. The Department supports a death benefit in such
cases, with the stipulation that death must have occurred within one
year of discharge from active duty. We will propose the appropriate
legislation. (Exhibit A, Legislative Proposals, #11).
We do not support the Commission recommendation that individuals who
are found eligible for chapter 31 be entitled to pay restoration
under the Montgomery G.I. Bill. This provision would have the
effect of denying some persons the chance to use their chapter 30
benefits. With recent legislative changes, permitting the military
services to authorize "kickers" of up to $700 monthly, chapter 30
claimants may qualify for monthly benefits of up to $1,000. In such
cases, the exclusion of eligibility under chapter 30 in favor of
chapter 31 may represent a significant loss of benefits.
- 56 -
We do not believe there is sufficient basis to justify pay
restoration to individuals who do not complete their obligated
periods of active duty because of a medical condition which
preexisted their active military service. Although such claimants
do not earn the maximum entitlement of 36 months, they do retain
eligibility for chapter 30 benefits, with entitlement equaling one
month for each month served.
- 57 -
Role of Continuing Education
COMMISSION RECOMMENDATION:
Make approvals of continuing education courses consistent
with the stated principle of the G.I. Bill that programs of
education must lead to an educational, vocational, or
professional goal.
VA INTERIM RESPONSE:
VA concurs with recommendation.
COMMISSION FINAL REPLY:
The Commission has no additional comment.
VA FINAL REPLY:
VA has no further comment.
58 -
Standardization
COMMISSION RECOMMENDATION:
Standardize the different features of the various education
programs to the maximum extent possible consistent with
their design and purpose.
VA INTERIM RESPONSE:
VA supports this recommendation and is in agreement with
the Commission's suggestion that a task force of
adjudicators and education liaison representatives be
charged with compiling an accurate and reasonably complete
listing of the differences in current law.
VA RESPONSE:
The Department continues to support standardization of the
various programs to the maximum extent possible.
An interesting proposal put forth by the Task Force is the idea of
having only one G.I. Bill governing all our education programs, with
the exception of the Vocational Rehabilitation Program (chapter
31). The basic eligibility criteria for each program would remain.
Because of the unique design and purpose of the Vocational
Rehabilitation program, it should be excluded from the G.I. Bill
umbrella. For the same reason, the Special Restorative Training and
Specialized Vocational Training programs, which are currently
administered under chapter 35, would be placed under the
Vocational-Rehabilitation umbrella.
- 59 -
The Task Force identified certain areas in which they believe
standardization is needed. They are to be commended for their
efforts in this regard.
The Department looks forward to working with the Committees in
providing technical assistance to effect the necessary modifications
to title 38. It should be noted that any such standardization will
require incorporation of a savings clause for any individual
currently receiving benefits who will be negatively affected by any
of these proposals.
- 60 -
Training and Associated Administrative Resources
COMMISSION RECOMMENDATION:
Sufficient resources be made available to carry out regular
training sessions of all those involved in the
administration of G.I. Bill benefits.
VA INTERIM RESPONSE:
VA supports in concept within the constraints of available
resources. The Department's response noted that our FY
1990 budget requested funding for the creation of an
Adjudication Training Academy, which would be designed to
provide a national training program for Veterans' Claims
Examiners.
VA RESPONSE:
VA reaffirms its support for training within the
constraints of available resources.
Since our interim response was written, the Adjudication Training
Academy has become a reality, and the first classes have already
been held. The Academy is providing a national training curriculum
for employees in the adjudication divisions of the Veterans Benefits
Administration. As resources permit, it is anticipated that the
curriculum will be expanded to encompass other areas within the
Veterans Benefits Administration on a nationwide basis.
We also note that many training seminars are conducted periodically
by regional offices for school officials and others involved with
the administration of education benefits.
- 61 -
Public Law 100-323 amended section 1774, title 38, U.S.C., to
provide that VA shall cooperate with State approving agencies (SAAs)
in developing and implementing a uniform national training
curriculum for SAA employees. Public Law 101-237 further amended
section 1774 to provide that effective October 1, 1989 the funds
authorized for the reimbursement of expenses incurred by SAAs in the
performance of their contractual responsibilities may be used for
the development and implementation of the training curriculum. In
this connection, the National Association of State Approving
Agencies (NASAA) is in the process of negotiating a contract with
the University of West Florida to develop a National Training
Curriculum.
COMMISSION RECOMMENDATION:
Enhanced computer capabilities (with emphasis on an on-line
facilities file) be made a priority within the Department.
VA INTERIM RESPONSE:
VA supports in concept within the constraints of available
resources. Enhanced computer capabilities remain a
priority within VA. An on-line facilities file is under
active consideration with an evaluation currently being
prepared.
VA RESPONSE:
VA continues to strive for enhanced computer capabilities
and technological modernization within the constraints of
available resources. An on-line facilities file is now
operating.
- 62 -
As noted earlier in this report, we are studying initiatives for
enhancing computer capabilities and modernization. Many
possibilities, for example, are being evaluated within the context
of our benefit delivery system for handling monthly certifications.
We will continue to make every effort to serve the veteran in the
best manner possible with available resources.
We now have in operation an on-line facilities file. The On-Line
Approval File (OLAF) uses our Wang computer system to maintain
approval information for educational institutions and job training
establishments. The ELR at each field station is responsible for
maintaining and updating the information as revisions are received
from the SAA (State approving agency), educational institutions, and
job training establishments. OLAF enables our regional processing
offices to immediately access approval information for schools
located in any of the states for which they process claims.
COMMISSION RECOMMENDATION:
Staffing and other resource allocation decisions take into
account the reality of an increasing educational assistance
caseload.
VA INTERIM RESPONSE:
Consideration is being given to implementation of a
consolidated region approach as an effective means of
addressing the increasing caseload. This proposal is
discussed under the section on benefit delivery system
structure.
- 63 - -
VA RESPONSE:
A consolidated region approach could simplify the staffing
and other resource allocation decisions needed to be made
as the educational assistance caseload increases. This is
being taken into consideration as the benefit delivery
system continues to be evaluated.
The discussion earlier in this report demonstrates the concern the
Department has for the projected increase in education benefits
caseload among the regional offices and existing regional processing
centers. This is an ongoing evaluation process of all aspects of
education claims processing.
COMMISSION RECOMMENDATION:
The work-measurement criteria for the Department of
Veterans Affairs reflect the non-paper aspect of the
administration of benefits, the need to enhance morale, and
the provision of personal attention.
VA INTERIM RESPONSE:
Studies are currently being conducted to evaluate VA's
work-measurement criteria and performance standards and the
Commission's concern that the current criteria may weigh
too heavily on the "paper-pushing" aspects of
administration is noted.
VA RESPONSE:
This study has been completed and resulted in only a slight
change to work-measurement criteria, which will require
minor alterations in performance standards.
- 64 -
We share the concern of the Commission with respect to the
need to enhance employee morale and improve the non-paper
aspects of claims administration to the maximum extent
possible. We are hopeful that other changes to the benefit
delivery system, which are discussed in that section of
this report, will address these concerns.
Our study of work-measurement criteria and performance standards
resulted in a slight overall increase in the base rate for credit
given to claims examiners handling education claims.
The consolidation of education claims processing within a few
regions should contribute to the enhancement of morale of the
employees processing education claims. The increased education
claims workload which will result from regionalization will require
a degree of specialization which does not now exist due to the
relatively small number of education claims which adjudicators
currently handle in addition to compensation and pension claims.
Specialization will allow adjudicators to increase their expertise,
which may have a positive effect on morale.
Additionally, the creation of the education ombudsman position,
which is being considered in conjunction with the consolidated
delivery system, should help to provide recognition of the non-paper
aspect of claims processing. These employees who will, in large
part, administer the education program for each regional office,
- 65 - -
will have opportunities that do not presently exist for employees at
that level. They will be largely concerned with problem solving and
trouble shooting, which will require emphasis on the provision of
personal attention to problem claims. They must also effectively
communicate with education officials and others involved in the
administration of VA education benefits, duties which will rely on
skills not always utilized in the paper-pushing aspect of claims
processing.
- 66 -
Two-Year Rule, Standards of Progress and the 85-15 Rule
COMMISSION RECOMMENDATION:
Reaffirm the provisions of title 38 that have been
effective in encouraging appropriate use of G.I. Bill
benefits, such as the two-year rule, standards of progress
criteria, and the 85-15 Rule.
VA INTERIM RESPONSE:
VA agrees with the Commission's position.
VA RESPONSE:
The Department continues to support these provisions.
The Commission, in its final report, continued to express concern
that the administration of the law governing the two-year period of
operation requirement is complex and unwieldly. The Commission also
observed that the law presumes that public and tax-supported
institutions will always offer quality programs while private and
proprietary schools may not.
Although the present regulations for the two-year period of
operation are complicated, VA recognizes the historical context
within which they have their foundation. We believe that the
safeguards presently in place, although complex, have proven their
worth over the years, as the Commission has affirmed.
- 67 -
COMMISSION RECOMMENDATION:
Apply these provisions across the board to all the programs
of educational assistance administered by VA.
VA INTERIM RESPONSE:
This is an issue that should be studied as part of the
Commission's standardization recommendations, consistent
with the design and purpose of the programs.
VA RESPONSE:
The Department reaffirms its position taken in the interim
report.
COMMISSION RECOMMENDATION:
Incorporate into the criteria for determining waiver or
applicability of both the two-year rule and the 85-15 rule
those individuals training under the chapter 106 program.
VA INTERIM RESPONSE:
VA favored this recommendation and initiated discussions
with DOD as to whether the Commission recommendation was
acceptable.
VA RESPONSE:
The Department continues to support this recommendation.
As indicated in our interim report, the Department has proposed
regulations to include chapter 106 reservists and reserve units,
including National Guard and Coast Guard facilities, in the count
for the 85-15 rule. We will propose as a regulatory change the
inclusion of 106 reservists in the exceptions to the two-year rule.
(See Exhibit B, Regulatory Changes, #3).
- 68 -
Value of Home Study Courses; Educational Assessment
COMMISSION RECOMMENDATION:
No finding was made by the Commission on this issue.
VA INTERIM RESPONSE:
VA has no comment to make or add.
VA RESPONSE:
The Commission offered no further comment in its final
report. VA notes the Commission's observation that the
issue of quality assessment within the education community
is not confined to any one particular mode of study.
- 69 -
Work-Study Program
COMMISSION RECOMMENDATION:
Overhaul VA's work-study program to provide for a flexible
progressive payment scale that could be used to attract and
retain quality work-study students, especially in high-cost
areas.
VA INTERIM RESPONSE:
VA does not support the recommendation of the Commission
for a progressive payment scale, noting that the proposal
to establish a payment schedule for high-cost areas merits
further study. In the case of a State where the State
minimum wage is higher than the Federal minimum wage, VA
proposes that the higher wage be paid.
VA RESPONSE:
The Department continues to disagree with the Commission
regarding a payment scale and opposes such an approach to
the work-study benefit program.
Adopting the Department's proposal, Public Law 101-237 amended the
work-study program to permit payment of work-study allowance on the
basis of the higher of the Federal minimum wage or the minimum wage
of the State in which the work is performed.
The Commission, however, remains concerned that this change does not
help the work-study student, at a VA office or other off-campus
position, who incurs additional work-related expenses, including the
costs of commuting. In its final report the Commission suggested
- 70 -
that some consideration be given to paying a transportation
allowance under certain circumstances.
The Department does not support adding a commuting allowance to the
work-study program. The program is designed to assist the veteran
student by providing an additional source of income while attending
school.
COMMISSION RECOMMENDATION:
Expand eligibility for VA's work-study program to
individuals training under the chapters 35 and 106 programs.
VA INTERIM RESPONSE:
VA opposes. Its position is that chapter 35 recipients may
utilize many government-wide opportunities for educational
assistance; it takes no position insofar as inclusion of
chapter 106 trainees.
VA RESPONSE:
Public Law 101-237 provided for the inclusion of chapter 35
and chapter 106 trainees in the work-study program.
Public Law 101-237 extended work-study benefits to eligible students
under chapter 35 and to Selected Reserve members under chapter 106.
The law also permits individuals who are receiving educational
assistance under chapter 106 to perform work-study activities
relating to the administration of the chapter 106 program at
Department of Defense facilities. The Department notes, however,
- 71 -
that this legislation, by referring only to DOD facilities, does not
address the concerns of reservists at National Guard armories or
Coast Guard stations. We have incorporated this as Legislative
Proposal #12, Exhibit A.
- 72 -
EXHIBIT A
LEGISLATIVE PROPOSALS
Exhibit A
LEGISLATIVE PROPOSALS
Item 1: ADVANCE PAYMENT OF BENEFITS IN DEATH CASES
(a) Section 1780(e) is amended by striking out "If" and
inserting in lieu thereof "Except in the case of an individual
described in section 3013 (c) of this title, if".
(b) Section 3013 is amended--
-
(1) in subsection (a), by inserting "or (c)" after "(b)";
and
(2) by adding at the end the following new subsection:
"(c) The effective date of termination of educational
assistance or subsistence allowance by reason of death of
the payee of an advance payment of such allowance, delivered
as certified pursuant to section 1780(e)(5) of this title,
shall be the last date of the period for which the advance
payment was made if the payee died on or before that date.".
Items 2 and 3: CHANGE OF PROGRAM.
Section 1791(d) is amended by inserting "(1) has been
successfully completed; (2) leads to a vocational, educational
or professional objective in the same general field as the
second program; or (3)" after "first program".
Item 4: ELIMINATION OF BENEFIT DIFFERENTIAL FOR INDEPENDENT
STUDY COURSES.
Section 1732(c) is amended by striking out paragraphs (3) and
(4).
Item 5: DISAPPROVAL OF NONACCREDITED INDEPENDENT STUDY.
(a)(1) Section 1776(a) is amended by adding at the end the
following new subsection:
"(e) Notwithstanding any other provision of this title, a
course of education shall not be approved under this section
if it is to be pursued in whole or in part by independent
study.".
-1-
(2) Chapter 36 of this title is amended by inserting
before section 1781 the following new section:
"§ 1780A. Disapproval of enrollment in certain courses
"(a) The Secretary shall not approve the enrollment of an
eligible veteran in--
"(1) any bartending course or personality development
course;
"(2) any sales or sales management course which does
not provide specialized training within a specific
vocational field;
"(3) any type of course which the Secretary finds to
be avocational or recreational in character (or the
advertising for which the Secretary finds contains
significant avocational or recreational themes) unless
the veteran submits justification showing that the course
will be of bona fide use in the pursuit of the veteran's
presentor contemplated business or occupation; or
"(4) any independent study program except one leading
to an accredited standard college degree.
"(b) Except to the extent otherwise specifically provided
in this title or chapter 106 of title 10, United States Code,
the Secretary shall not approve the enrollment of an eligible
veteran in any course of flight training other than one given
by an educational institution of higher learning for credit
toward a standard college degree the eligible veteran is
seeking.
"(c) The Secretary shall not approve the enrollment of
an eligible veteran in any course to be pursued by radio or
by open circuit television, except that the Secretary
may approve the enrollment of an eligible veteran in a
course, to be pursued in residence, leading to a standard
college degree which includes, as an integral part thereof,
subjects offered through open circuit television.
"(d) (1) Except as provided in paragraph (2) of this
subsection, the Secretary shall not approve the
enrollment of any eligible veteran, not already enrolled,
in any course for any period during which the Secretary
finds that more than 85 percent of the students enrolled in
the course are having all or part of their tuition, fees,
or other charges paid to or for them by the educational
institution or by the Department of Veterans Affairs under
this title or under chapter 106 of title 10. The Secretary
-2-
may waive the requirements of this subsection, in whole or
in part, if the Secretary determines, pursuant to
regulations which the Secretary shall prescribe, it to be
in the interest of the eligible veteran and the Federal
Government. The provisions of this subsection shall not
apply to any course offered by an educational institution
if the total number of veterans and persons receiving
assistance under this chapter or chapter 30, 31, 32, or 35
of this title or under chapter 106 of title 10 who are
enrolled in such institution equals 35 percent or less, or
such other per centum as the Secretary prescribes in
regulations, of the total student enrollment at such
institution (computed separately for the main campus and
any branch or extension of such institution), except that
the Secretary may apply the provisions of this subsection
with respect to any course in which the Secretary has
reason to believe that the enrollment of such veterans and
persons may be in excess of 85 percent of the total student
enrollment in such course.
"(2) Paragraph (1) of this subsection does not apply
with respect to the enrollment of a veteran--
"(A) in a course offered pursuant to section
1419, 1434(a)(3), 1634, or 1641(a)(2);
"(B) in a farm cooperative training course; or
"(C) in a course described in section 1789(b)(6)
of this title.".
(3) Chapter 34 is amended by repealing section 1673.
(4) Section 1434 is amended--
(A) in subsection (a)(1), by striking out "1673,"; and
(B) in subsection (d)(1), by striking out "1673(b)" and
inserting in lieu thereof "1780A".
(5) Section 1641 is amended by striking out "1673," both
places it appears.
(6) Section 2136 (c)(1) of title 10, United States Code, is
amended by striking out "1673(b)" and inserting in lieu thereof
"1780A".
(7) Section 1723(a)(4) is amended by striking out "a" and
inserting in lieu thereof "an accredited".
(8) The table of sections at the beginning of chapter 36 is
amended by inserting before the item relating to section 1781
the following new item:
"1780A. Disapproval of enrollment in certain courses.".
(b) SAVINGS PROVISION--The amendments made by paragraphs (2)
through (6) of subsection (a) of this section shall not apply
to any person receiving educational assistance for pursuit of
an independent study program in which the person was enrolled
on the date of enactment of this section, for as long as such
person is continuously thereafter so enrolled and meets the
requirements of eligibility for such assistance for the pursuit
of such program under this title in effect on that date.
-3-
Items 6, 7, 8 and 9
Item 6: ELIMINATION OF STANDARD CLASS SESSION REQUIREMENT;
Item 7: ELIMINATION OF DIFFERENTIAL FOR GRADUATE COURSES
PURSUED CONCURRENTLY WITH UNDERGRADUATE COURSES; ITEM 8:
ELIMINATION OF MIXED MEASUREMENT IN NCD COURSES; ITEM 9:
REMOVAL OF DISTINCTION BASED ON ACCREDITATION IN NCD COURSES:
Section 1788 is amended--
(a) in subsection (a), by--
(1) striking out, in clause (1), "thirty hours" and all
that follows through "full time" and inserting in lieu
thereof "22 hours per week of attendance (excluding
supervised study) is required, with no more than 2 1/2
hours of rest periods per week allowed";
(2) striking out, in clause (2), "twenty-five hours" and
all that follows through "full time" and inserting in lieu
thereof "18 hours per week net of instruction (excluding
supervised study but which may include customary intervals
not to exceed ten minutes between hours of instruction) is
required";
(3) in clause (4), by--
(A) striking out "in residence"; and
(B) inserting "other than a course pursued as part
of a program of education beyond the baccalaureate
level," after "semester-hour basis";
(4) in clause (6), by striking out "1691(a)(2)" and
inserting in lieu thereof "1434(a)(3), 1641(a)(2) or
1733(a)"; and
(5) by striking out clause (7) and all that follows to
the end of the subsection and inserting in lieu thereof
the following:
"(7) an institutional course not leading to a
standard college degree offered by an educational
institution on a standard quarter- or semester-hour basis
shall be measured as full time on the same basis as
provided in clause (4) of this subsection, but if the
educational institution offering the course is not an
institution of higher learning, then in no event shall
such course be considered full time when it requires less
than the minimum weekly hours of attendance required for
full time by clause (1) or (2) of this subsection, as
appropriate."; (b) in subsection (b), by striking out "34" and inserting in
lieu thereof "30, 32, 34"; and
(c) by striking out subsections (c), (d) and (e).
-4-
Item 10: ENTITLEMENT CHARGE FOR REFRESHER, REMEDIAL, OR
DEFICIENCY TRAINING.
Section 1733(a) is amended by--
(a) striking out "(1)"; and
(b) striking out paragraph (2).
Item 11: DEATH BENEFIT.
Section 1417(a)(1) is amended, in clause (B), by inserting
before the comma "or within one year after discharge or release
from active duty".
Item 12: WORK-STUDY ALLOWANCE
Section 1685(a)(5) is amended by inserting "or facilities of
the Selected Reserve of the Ready Reserve if the Secretary, in
consultation with the Secretary of Defense, determines that
such activities and facilities are appropriate" after
"Department of Defense facilities".
- 5 - -
EXHIBIT B
REGULATORY CHANGES
Exhibit B
Regulatory Changes
Item 1:. Beginning date of award
for IHL and NCD students
$21.4131(b)
(b) Certification by school
(1) Except as provided
-resident course
in subparagraphs (2) or (3) of
this paragraph when a student
enrolls in a resident course or
subject, the commencing date of
the award or increased award of
educational assistance allowance
will be the first scheduled date
of classes for the term, quarter
or semester in which the student
is enrolled.
(2) When a student enrolls
in a resident course or subject
the commencing date of the award
will be the date of reporting
provided that-
(i) The published standards
of the school require the student
to register before reporting, and
(ii) The published standards
of the school require the student
to report no more than 14 days
before the first scheduled date
of classes for the term, quarter
or semester for which the student
has registered.
(3) When a student enrolls
in a resident course or subject
the commencing date of the award
or increased award of educational
assistance allowance will be the
first date of the student's
classes when the first day of
classes does not occur before the
end of the first regularly
scheduled calendar week of
classes during the term, quarter
or semester in which the student
is enrolled.
-1-
$21.4131(c)
(c) Certification by school
(1) Residence school:
or establishment - course does
See paragraph (b) of this section.
not lead to a standard college
degree.
(2) Correspondence school:
Date first lesson sent or date
of affirmance whichever is later.
(3) Job training: First
date of employment in training
position.educational assistance
allowance will the first
scheduled date of classes for the
term, quarter or semester in
which the student is enrolled.
$21.7131(b)
(b) Certification by school-resident course
(1) Except as provided in subparagraphs (2) or (3) of this
paragraph when a student enrolls in a resident course or subject,
the commencing date of the award or increased award of educational
assistance allowance will the first scheduled date of classes for
the term, quarter or semester in which the student is enrolled.
(2) When a student enrolls in a resident course or subject,
the commencing date of the award will be the date of reporting
provided that-
(i) The published standards of the school require the student
to register before reporting, and
(ii) The published standards of the school require the
student to report no more than 14 days before the first scheduled
date of classes for the term, quarter or semester for which the
student has registered.
(3) When a student enrolls in a resident course or subject
leading to a standard college degree, the commencing date of the
award or increased award of educational assistance allowance will
be the first date of the student's classes when the first day of
classes does not occur before the end of the first regularly
scheduled calendar week of classes during the term, quarter or
semester in which the student is enrolled.
-2-
$21.7131(c)
(c) Certification by educational institution or training
establishment course does not lead to a standard college degree.
(1) When a veteran or servicemember enrolls in a course which
does not lead to a standard college degree and which is offered in
residence, the commencing date of the award of educational
assistance allowance will be as stated in paragraph (b) of this
section.
(2) When a veteran or servicemember enrolls in a course which
is offered by correspondence, the commencing date of the award of
educational assistance shall be the later of-
(i) The date the first lesson was sent, or
(ii) The date of affirmance.
(3) When a veteran enrolls in a program of apprenticeship or
other on-job training, the commencing date of the award of
educational assistance shall be the first date of employment in
the training position.
(Authority: 38 U.S.C. 1414, 1423; Pub. L. 98-525, Pub. L. 99-576)
$21.7631(b)
(b) Certification by school-course leads to standard college
degree
(1) Except as provided in subparagraphs (2) or (3) of this
paragraph when a student enrolls in a resident course or subject,
the commencing date of the award or increased award of educational
assistance allowance will the first scheduled date of classes for
the term, quarter or semester in which the student is enrolled.
(2) When a student enrolls in a resident course or subject,
the commencing date of the award will be the date of reporting
provided that-
(i) The published standards of the school require the student
to register before reporting, and
(ii) The published standards of the school require the student
to report no more than 14 days before the first scheduled date of
classes for the term, quarter or semester for which the student
has registered.
-3-
(3) When a student enrolls in a resident course or subject,
the commencing date of the award or increased award of educational
assistance allowance will be the-first date of the student's
classes when the first day of classes does not occur before the
end of the first regularly' scheduled calendar week of classes
during the term, quarter or semester in which the student is
enrolled.
$21.7136(c)
(c) Certification by educational institution or training
establishment - course does not lead to a standard college degree.
(1) When a reservist enrolls in a course which does not lead
to a standard college degree and which is offered in residence,
the commencing date of the award of educational assistance
allowance will be as stated in paragraph (b) of this section.
(2) When a reservist enrolls in a course which is offered by
correspondence, the commencing date of the award of educational
assistance shall be the later of-
(i) The date the first lesson was sent, or
(ii) The date of affirmance.
(3) When a reservist enrolls in a program of apprenticeship or
other on-job training, the commencing date of the award of
educational assistance shall be the first date of employment in
the training position.
(Authority: 10 U.S.C. 2136(b), Pub. L. 98-525, Pub. L. 101-189)
Item 2: Change of Program
$21.4234(a)
(a) Change of program.
(1) Except as provided in subparagraph (2) of this paragraph a
change of program consists of a change in the educational,
professional or vocational objective for which the veteran or
eligible person entered training.
(2) VA does not consider any of the following to be changes of
program.
(i) A change in the type of courses needed to attain a
vocational objective,
-4-
(ii) A change in the veteran's or eligible person's
educational, professional or vocational objective following the
successful completion of. the immediately preceding program of
education, or
(iii) A return to the veteran's or eligible person's prior
educational, professional or vocational objective following a
change in program.
(Authority: 38 U.S.C. 1791)
$21.5232
$21.5232 Change of program.
The provisions of $21.4234 apply to the administration of
benefits under Chapter 32, Title 38, United States Code. VA shall
consider references in $21.4234(c) to a veteran eligible to
receive educational assistance under chapter 34 to refer to a
veteran or servicemember eligible to receive educational
assistance under chapter 32.
(Authority: 38 U.S.C. 1641, 1791)
$21.7114
$21.7114 Change of program.
(a) Provisions of $21.4234 are applicable. The provisions of
$21.4234 apply to the administration of benefits under 38 U.S.C.
ch. 30. VA will consider references in $21.4234(c) to a veteran
eligible to receive educational assistance under chapter 34 to
refer to a veteran or servicemember eligible to receive
educational assistance under 38 U.S.C. ch. 30.
(Authority: 38 U.S.C. 1434, 1791)
(b) Prior programs under other chapters. VA will not consider
programs of education a veteran or servicemember may have pursued
under 38 U.S.C. ch. 34 or 36 before January 1, 1990, if he or she
wishes to change programs of education under 38 U.S.C. ch. 30.
(Authority 38 U.S.C. 1434, 1791)
-5-
$21.7614
$21.7614 Change of program.
The provisions of $21.4234 apply to the administration of
benefits under 10 U.S.C. ch. 106. VA shall consider references in
$21.4234(c) to a veteran eligible to receive educational
assistance under chapter 34 to refer to a reservist eligible to
receive educational assistance under chapter 106.
(Authority: 10 U.S.C. 2136(b), 1791)
Item 3
$21.4251(g)(1)
(1) The Director of the VA field station of jurisdiction may
exercise the waiver authority found in paragraph (a)(6) of this
section to exempt from the 2-year operation requirement certain
courses given pursuant to a contract with the Department of
Defense or the Department of Transportation on or immediately
adjacent to a military base, Coast Guard station, National Guard
facility, or facility of the Selected Reserve located within a
State. He or she may grant such a waiver only when he or she
finds that:
(i) The school on an application sent through the State
approving agency certifies that the course is available only to-
(A) Military personnel, or
(B) Coast Guard personnel,
(C) Members of the Selected Reserve,
(D) Members of the National Guard,
(E) Dependents of active duty military personnel,
(F) Dependents of active duty Coast Guard personnel,
(G) Civilian employees of the base or station,
(H) Persons who began the course while on active duty and who
were discharged while remaining continuously enrolled in it, or
(1) Any combination of these classes of people.
(ii) The State approving agency of the State in which the
course is offered certifies that the course meets all other
approval requirements. (38 U.S.C. 1789(b))
-6-
EXHIBIT C
COSTING ESTIMATES
COST ESTIMATE
FOR VA PROPOSAL
Monthly self-certification verifying pursuit of training extended
to all education benefit programs.
The additional benefit savings to the Department of Veterans
Affairs resulting from this proposal is estimated to be minimal
(i.e. less than $1 million in any year) because of the relatively
low overpayments for Chapter 35 participants and the termination of
Chapter 34.
Preliminary findings by the Vocational Rehabilitation and
Education Service in its evaluation of monthly self certification in
the chapter 30 program reveal that for every $1 of cost, $5 in debt
is prevented.
Actual cost savings will largely depend on the system utilized
to handle the increasing numbers of certifications which will need
to be processed in the chapter 30 program.
-1-
Similar reductions in overpayments can be anticipated with
application of month self-certification to the Selected Reserve
program (chapter 106). All such savings will revert to the
Department of Defense as this is a title 10 program.
The following chart is the preliminary cost estimate for the
legislative proposals:
-2-
Final Report on Veterans' Education Policy
Legislative Proposals
Costs (+) or
1993
1994
1995
1996
1997
Savings (-)
Item 1:
Advance Payment of Benefits In Death Cases
$380
$380
$380
$380
$380
$1,900
Items 2 & 3:
Change of Program
...
***
...
...
...
...
(VA does not concur)
Item 4:
Elimination of Benefit Differential for
Independent Study Courses
$1,287,682
$1,402,014
$1,568,742
$1,710,540
$1,847,386
$7,816,364
Item 5:
Disapproval of Nonaccredited Independent Study
***
...
OR
...
...
...
This proprosal would be cost neural because of the
assumption that trainees would switch to an accredited
school that offers an independent study course.
Item 6:
Elimination of Standard Class Session Requirement *
$2,019,474
$2,336,016
$2,644,102
$2,928,348
$3,185,102
$13,113,042
Item 7:
Elimination of Differential for Graduate Courses Pursued
-3-
Concurrently with Undergraduate Courses
There are no know cases affected by this proposal.
Item 8:
Elimination of Mixed Measurement In NCD Courses *
$143,100
$155,300
$167,100
$177,800
$187,300
$830,600
Item 9:
Removal of Distinction Based on Accreditation In
NCD Courses
$715,500
$776,600
$835,300
$888,900
$936,500
$4,152,800
Item 10:
Entitlement Charge for Refresher, Remedial, or Deficiency
Training
($1,233,000)
($1,218,400)
($1,204,100)
($1,190,200)
($1,176,500)
($6,022,200)
Item 11:
Death Benefit
$1,800
$1,800
$1,800
$1,800
$1,800
$9,000
* Chapter 106 would have an impact, however, we defer to DOD for those estimates.