Veterans Rehabilitation and Education Amendments of 1980

Summary

Veterans' Rehabilitation and Education Amendments of 1979 - Title I: Revision of Vocational Rehabilitation Program - Revises veterans' vocational rehabilitation provisions to declare the purpose of this Act to be to provide all services necessary to enable veterans with service- connected disabilities to attain maximum independence, to become employable, and to obtain and maintain suitable employment. Redefines "vocational rehabilitation" to include the provision of all services required to achieve the purpose of this Act, including discharge, medical, social, psychological, economic, and vocational services (presently defined in terms of educational and vocational training to restore employability). Defines "employment handicap" as a disability impairing a veteran's ability to prepare for, obtain, or retain employment consistent with his or her abilities, aptitudes, and interests. Revises entitlement provisions to: (1) make eligibility run as of September 16, 1940, (rather than World II as at present); (2) require a handicap to be an employment handicap as defined by this Act; and (3) provide for follow up vocational services to a rehabilitated veteran in order for such veteran to enter new employment more suitable to his or her current capacity or condition. Eliminates the language extending eligibility for specified veterans to October 15, 1971. Sets forth the scope of services, including: (1) evaluation of rehabilitation potential; (2) educational, vocational, and personal counseling; (3) a vocational rehabilitation plan; (4) vocational and related services including tutorial services, tuition, books, and other training materials; (5) treatment for mental and emotional disorders; (6) medical care; (7) prosthetic and other corrective devices; (8) placement and postplacement services; (9) services to a veteran's family; (10) special rehabilitation services, including services for the blind and the deaf; (11) subsistence allowances; (12) essential employment equipment and supplies for severely disabled veterans requiring homebound training and or self-employment; (13) transportation costs, including pre- and post-training services; and (14) work study allowance, loans, and other incidental goods and services. Revises duration of services provisions to: (1) provide basic vocational rehabilitation services for 48 months; (2) remove the nine year (from discharge) eligibility limitation; and (3) provide a 12 month rehabilitation evaluation period. Revises subsistence allowances provisions to: (1) provide for payments during the evaluation of vocational rehabilitation period; (2) provide payments for unpaid on-job training or work experience in a Federal agency or during such evaluation period; (3) pay room and board expenses for individuals pursuing a program on a residential basis in a specialized rehabilitation facility; (4) provide that vocational payments be paid on a full-time basis for two months following a determination of employability; (5) set forth the rate of payment for individuals in unpaid Federal training or work experience; (6) prohibit payments to incarcerated individuals; and (7) provide for advance payment of subsistence allowances. Authorizes personal adjustment counseling and counseling during the evaluation of rehabilitation feasibility period. Sets forth basic requirements of a vocational rehabilitation program, which shall include: (1) participation by the veteran in formulation of a written plan; and (2) a statement of objectives and goals, services and a time schedule for providing such services, and a projected completion date. Revises leave of absence provisions to remove the 30 day per year limitation on such leave. Revises the regulation of conduct provisions to remove the three-month forfeiture of subsistence allowance penalty for unsatisfactory conduct and to replace the permanent disqualification for further vocational rehabilitation penalty with a provision allowing the Administrator of Veterans' Affairs to reinstate such benefits upon satisfactory conduct. Increases the maximum amount of loans available to a veteran from $200 to $400. Authorizes vocational rehabilitation to veterans hospitalized (not pending final discharge) in VA or non-VA medical facilities. Authorizes vocational training outside the United States (presently prohibited for post-World War II veterans who were not citizens at the time of their United States military service). Provides that any Federal agency's facilities may be used to provide unpaid training or work experience as part of a veteran's vocational rehabilitation program. States that such a veteran shall be deemed a Federal employee for workmens' compensation purposes but not for the purposes of laws administered by the Office of Personnel Management. Authorizes the Administrator of Veterans' Affairs to use the facilities, staff, and other resources of any Federal agency to provide services under this Act. Directs the Administrator to assist in the development of employment and on-job training opportunities, including payments to employers for providing on-job training to certain veterans. Directs the Veterans Administration (VA) to: (1) provide employment assistance, including direct employment placement, utilization of Federal, State, and nonprofit private employment services and securing loans and paying business license fees; (2) provide vocational rehabilitation staff training and development; and (3) carry out an ongoing program of rehabilitation research and special projects, including grants and contracts with public and nonprofit agencies. Directs the Administrator to appoint a Veterans' Advisory Committee on Rehabilitation. Revises provisions concerning the limitation on periods of assistance under two or more veterans' educational assistance programs to include post-Vietnam era benefits within such limitation, and to provide a 48 month aggregate eligibility period for vocational rehabilitation and other educational assistance. Title II: GI Bill Educational Assistance Program Amendments: Part A - Educational Assistance for Veterans - Authorizes the Administrator to disapprove a veteran's or serviceperson's application for educational assistance if enrollment would be prohibited by any of the appropriate administrative provisions. Eliminates the 50 percent employment reporting requirement for courses if: (1) veteran and eligible dependent or survivor enrollment does not exceed 35 percent of total enrollment (for the two-year reporting period); and (2) the course had met the employment requirements for two consecutive reporting periods. Eliminates the requirement that a major portion of an open circuit television course must require conventional classroom or laboratory attendance in order to be approved by the Administrator for assistance. Eliminates computing persons receiving Federal educational assistance from the "85-15" enrollment eligibility requirement. Eliminates the course completion time provision as a requirement for satisfactory educational progress with regard to discontinuance of educational assistance. Revises foreign study provisions to authorize such study if: (1) the course is part of a standard college degree program (or its equivalent) at an institution of higher learning so recognized by the foreign country; and (2) the Administrator approves. Provides that an incarcerated veteran pursuing a program of education shall be paid at the same rate as half-time and active duty recipients. Authorizes assistance for continuing education or training required by Federal, State, or local law for professional or vocational relicensure or continued employment. Provides that such continuing education shall be paid at the same rate as refresher training. Stipulates that educational assistance for a veteran pursuing an eligible (as revised by this Act) open circuit television course shall be paid in the same manner as an independent study program. Part B - Educational Assistance for Dependents and Survivors of Veterans - Authorizes the Administrator to disapprove an eligible survivor's or dependent's application for educational assistance if enrollment would be prohibited by any of the appropriate administrative provisions. Prohibits such individuals from enrolling in an educational institution not located in a State or in the Republic of the Philippines unless: (1) the course is part of a standard college degree (or its equivalent) at an institution of higher learning so recognized by the foreign country; and (2) the Administrator approves. Revises provisions concerning advance educational assistance payments to such individuals to: (1) authorize direct payments to an eligible individual (presently payments must be made to a parent or guardian); (2) eliminate certain certification requirements; (3) provide that payments for an eligible (as revised by this Act) open circuit television course shall be paid in the same manner as an independent study program; and (4) provide that an incarcerated individual pursuing a program of education shall be paid at the same rate as half-time and active duty recipients. Part C - Amendments Relating to Administration of Educational Benefits - Revises provisions concerning the period for which educational or subsistence allowances will be paid for eligible veterans or persons to provide that: (1) the individual must be pursuing a course of study (presently required to be enrolled); (2) the Administrator shall determine regulations regarding eligibility; and (3) payment shall be for the stated period of enrollment, or the actual period of enrollment, whichever is shorter. Requires veterans and other individuals to report any changes in their educational status to the Administrator. Requires educational institutions to report any facts that they know or should have known concerning their compliance with, or eligibility for, such educational assistance. Revises overpayment provisions to: (1) make individual recipients liable (presently only the educational institution is liable); and (2) provide that a waiver of individual liability shall not release such institution from liability. Includes "residence" in the definition of a full-time undergraduate course. Defines "in residence on a standard quarter- or semester-hour basis" to require pursuit of regularly scheduled weekly class instruction on campus at the rate of one standard class session per week throughout the semester for one semester hour of credit. Provides for payments to veterans and eligible persons attending non-degree courses during periods between terms which do not exceed 15 calendar days and periods when the school is not in session because of teacher conferences or teacher training sessions (not to exceed five days in any 12-month period). Terminates the (veterans') education advisory committee as of December 31, 1989. Includes post-Vietnam era veterans' educational assistance, and deletes vocational rehabilitation, within such committee's responsibility. Title III: Repeal of Authority to Pursue Predischarge Education Training (PREP) Under Chapter 32 - Repeals specified provisions authorizing servicepersons to participate in the predischarge education training program (PREP). Title IV: Miscellaneous Provisions - Authorizes the Administrator to release information to a consumer credit agency concerning veterans' benefits debts to: (1) obtain current addresses of debtors; (2) obtain credit reports in order to assess a debtor's ability to repay; and (3) give notice of the outstanding obligation. Prohibits the VA from making such disclosure until 30 days have elapsed after reasonable efforts have been made to notify the individual of the VA's intention to disclose debt information. Prohibits disclosure of such information by the VA in a case of a disputed claim until the accuracy of the information is determined or until the Administrator reviews such claim. Provides that records disclosed to a consumer reporting agency may be used only for the purpose provided for by this Act, and that the Privacy Act does not apply to such disclosure. Authorizes the disclosure by the Administrator of names and addresses from use in a collection proceeding for debts owed for any Veterans' Administration benefits program. Includes required drills and field exercises within the category of National Guard activities which are considered active duty for training for purposes of veterans' reemployment rights. Defines "person" for purposes of veterans' survivors and dependents special restorative training to mean children of veterans. Title V: Effective Date - Provides that the provisions of this Act shall take effect on the first day of the second month after the date of enactment of this Act.

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Documents

6 official files

• Public Law (PDF)

  Public Law · EN · 18 October 1980

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• House agreed to Senate amendment with amendment

  summary · EN · 25 September 1980

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• Passed Senate amended

  summary · EN · 24 January 1980

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• Passed House amended

  summary · EN · 16 October 1979

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• Reported to House with amendment(s)

  summary · EN · 4 October 1979

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• Introduced in House

  summary · EN · 14 September 1979

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