Veterans' Educational Assistance Act of 1982

(Reported to House from the Committee on Armed Service with amendment, H. Rept. 97-80 (Part II))

Veterans' Education Assistance Act of 1982 - Establishes a new educational assistance program for the all-volunteer force. Excludes graduates of service academies from eligibility for such assistance. Entitles veterans who are graduates of a secondary school and who have served in the armed forces on continuous active duty for at least three years to basic educational assistance. Entitles veterans of the Selected Reserve who are graduates of secondary school and who have served at least two years of continuous active duty in the armed forces and at least four years of continuous duty in the Selected Reserve to basic educational assistance. Sets forth the formula for determining the length of such assistance based on the length of time served. Entitles such veterans to a monthly assistance allowance of $200 for a full-time approved program of education. Permits the Secretary concerned to establish a higher rate of assistance, but not more than $400 a month, for individuals possessing a skill or specialty designated as being in critical shortage.

Permits enrollment, if eligible, in a program of education while an individual continues to perform his duties.

Permits a member of the armed forces who is eligible for such assistance and who reenlists or, if an officer, agrees to remain on active duty for a specified period to elect to receive a lump-sum amount in lieu of such assistance. Limits such amount to not more than 25 percent of the value of the educational assistance to which the member would otherwise be entitled.

Entitles veterans who have served five or more consecutive years of active duty in addition to those required for basic educational assistance to supplemental educational assistance. Entitles veterans of the Selected Reserve who have served two or more consecutive years of active duty and four or more consecutive years of duty in the reserves in addition to that required for basic educational assistance to supplemental educational assistance.

Entitles such veterans to a monthly supplemental assistance allowance of $100 a month. Permits the provision of assistance at a higher rate, but not more than $300 monthly, to any individual entitled to basic educational assistance who has a skill or specialty in which there is a critical shortage of personnel. Permits the Secretary of Defense to authorize specified individuals to transfer to a dependent part or all of such individuals' entitlement to educational assistance. Sets forth the conditions under which transferred benefits may be provided.

Establishes a ten year delimiting period for educational assistance. Excludes time spent as a prisoner of war subsequent to discharge and time spent physically or mentally disabled. Limits educational assistance to individuals being furnished subsistence to the amount an institution would charge similarly circumstanced nonveterans. Prohibits participation in more than one program of educational assistance.

Allocates the administration and costs of such programs to the Veterans' Administration, the Department of Defense, and the Department of Defense Education Benefits Fund.

Requires the Secretary of Defense and the Administrator to submit to Congress a biennial report on the operations of such programs.

Amends the Post-Vietnam Era Veterans' Educational Assistance Act of 1977 to terminate the right to enroll in the Post-Vietnam Era Veterans' Educational Assistance Program after December 31, 1981.

Directs (rather than permits) the Secretary of each military department to establish a program to provide educational assistance to members of the Selected Reserve who agree to remain in such Reserve for at least six years. Sets forth the amount of such assistance. Requires that such assistance be given for pre-degree work at an institution of higher learning. Sets forth further eligibility requirements for such assistance. Establishes a delimiting period of ten years or at separation from service, whichever comes first. Prohibits the provision of assistance to any member already receiving assistance as a member of the Senior Reserve Officers' Training Corps program or a member who fails to perform satisfactorily in training. Expands the penalties for failure to participate satisfactorily in such program to include orders to active duty.

Designates the Veterans' Administration to administer such program. Directs the Secretary of Defense to report to Congress annually rather than quarterly on its operation.

Establishes in the Treasury a Department of Defense Education Benefits Fund to be administered by the Secretary of the Treasury for the accumulation of funds to finance Department education liabilities on an actuarially sound basis.

Directs the Secretary of the Treasury to transfer amounts from the Fund to the Administrator of Veterans' Affairs and to the Secretary of Defense as necessary to make required payments.

Establishes in the Department of Defense a Department of Defense Education Benefits Board of Actuaries to: (1) report annually to the Secretary on the actuarial status of the Fund; (2) report not less than every four years to Congress and the President on the valuations and status of the fund; and (3) determine the present value of future benefits payable from the Fund.

Directs the Secretary to: (1) make periodic actuarial valuations of the educational programs; (2) determine an amortization methodology and schedule for the liquidation of gains or losses to the Fund; and (3) determine the amount necessary to be appropriated for the Fund for each fiscal year.

Sets forth other terms and conditions for administering such Fund.

Permits the Secretary concerned to grant an eligible member a leave of absence of not more than two years for such member to pursue a program of education. Sets forth the terms and conditions for such leave.

Requires the Secretary concerned to provide individual predischarge counseling which includes a discussion of educational benefit entitlements.