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(2) where need is found to exist, to prescribe a course which is suitable to accomplish the purposes of this chapter.

Such a course, at the discretion of the Administrator, may contain elements that would contribute toward an ultimate objective of a program of education.

(b) The total period of educational assistance under this subchapter and other subchapters of this chapter may not exceed the amount of entitlement as established in section 1711 of this title, except that the Administrator may extend such period in the case of any person if the Administrator finds that additional assistance is necessary to accomplish the purpose of special restorative training as stated in subsection (a) of this section. (Amended P.L. 88-361, § 6; P.L. 94-502, $310(21).)

§1742. Special training allowance

(a) While the eligible person is enrolled in and pursuing a fulltime course of special restorative training, the parent or guardian shall be entitled to receive on behalf of such person a special training allowance computed at the basic rate of $311 per month. If the charges for tuition and fees applicable to any such course are more than $98 per calendar month, the basic monthly allowance may be increased by the amount that such charges exceed $98 a month, upon election by the parent or guardian of the eligible person to have such person's period of entitlement reduced by one day for each $10.40 that the special training allowance paid exceeds the basic monthly allowance. (Amended P.L. 89-222, §2; P.L. 91-219, § 104 (c); P.L. 92-540, $103 (4); P.L. 93-508, § 103 (4); P.L. 93-602, § 204 (b); P.L. 94–502, $301(2); P.L. 95-202, § 103 (2).)

(b) No payments of a special training allowance shall be made for the same period for which the payment of an educational assistance allowance is made or for any period during which the training is pursued on less than a full-time basis.

(c) Full-time training for the purpose of this section shall be determined by the Administrator with respect to the capacities of the individual trainee.

§ 1743. Special administrative provisions

(a) In carrying out the Administrator's responsibilities under this chapter the Administrator may by agreement arrange with public or private educational institutions or others to provide training arrangements as may be suitable and necessary to accomplish the purposes of this subchapter. In any instance where the Administrator finds that a customary tuition charge is not applicable, the Administrator may agree on the fair and reasonable amounts which may be charged the parent or guardian for the training provided to an eligible person. (Amended P.L. 94-502, § 310 (22).)

(b) The Administrator shall make such rules and regulations as the Administrator may deem necessary in order to promote good conduct on the part of the persons who are following courses of special restorative training and otherwise to carry out the purposes of this chapter. (Amended P.L. 94-502, § 310 (22).)

Subchapter VI-Miscellaneous Provisions

§ 1761. Authority and duties of Administrator

(a) The Administrator may provide the educational and vocational counseling required under section 1720 of this title, and may provide or require additional counseling if the Administrator deems it to be necessary to accomplish the purposes of this chapter. (Amended P.L. 89-358, § 3(a) (1); P.L. 94–502, § 310 (23).)

(b) Where any provision of this chapter authorizes or requires any function, power, or duty to be exercised by a State, or by any officer or agency thereof, such function, power, or duty shall, with respect to the Republic of the Philippines, be exercised by the Administrator. (Amended P.L. 89-358, § 3 (a) (1).)

§ 1762. Nonduplication of benefits

The commencement of a program of education or special restorative training under this chapter shall be a bar (1) to subsequent payments of compensation, dependency and indemnity compensation. or pension based on the death of a parent to a eligible person over the age of eighteen by reason of pursuing a course in an educational institution, or (2) to increased rates, or additional amounts, of compensation, dependency and indemnity compensation, or pension because of such a person whether eligibility is based upon the death or upon the total permanent disability of the parent. (Amended P.L. 88– 361, § 4.)

§ 1763. Notification of eligibility

The Administrator shall notify the parent or guardian of each eligible person defined in section 1701 (a) (1) (A) of this chapter of the educational assistance available to such person under this chapter. Such notification shall be provided not later than the month in which such eligible person attains such person's thirteenth birthday or as soon thereafter as feasible. (Added P.L. 91-219, § 207(a); amended P.L. 94-502, § 310 (24).)

Subchapter VII-Philippine Commonwealth Army and
Philippine Scouts

§ 1765. Children of certain Philippine veterans

BASIC ELIGIBILITY

(a) The term "eligible person" as used in section 1701(a)(1) of this title includes the children of those Commonwealth Army veterans and "New" Philippine Scouts who meet the requirements of service-connected disability or death, based on service as defined in section 1766. (Added P.L. 89-613, § 1.)

ADMINISTRATIVE PROVISIONS

(b) The provisions of this chapter and chapter 36 shall apply to the educational assistance for children of Commonwealth Army veterans and "New" Philippine Scouts, except that

(1) educational assistance allowances authorized by section 1732 of this title and the special training allowance authorized by section 1742 of this title shall be paid at a rate in Philippine pesos equivalent to $0.50 for each dollar, and

(2) any reference to a State approving agency shall be deemed to refer to the Administrator. (Added P.L. 89-613, § 1.)

DELIMITING DATES

(c) In the case of any individual who is an eligible person solely by virtue of subsection (a) of this section, and who is above the age of seventeen years and below the age of twenty-three years on September 30, 1966, the period referred to in section 1712 of this title shall not end until the expiration of the five-year period which begins on September 30, 1966. (Added P.L. 89-613, § 1; amended P.L. 91-24, § 9 (c).) § 1766. Definitions

(a) The term "Commonwealth Army veterans" means persons who served before July 1, 1946, in the organized military forces of the Government of the Philippines, while such forces were in the service of the Armed Forces pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander-in-Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, and who were discharged or released from such service under conditions other than dishonorable. (Added P.L. 89-613, § 1.)

(b) The term "New' Philippine Scouts" means Philippine Scouts who served under section 14 of the Armed Forces Voluntary Recruitment Act of 1945, and who were discharged or released from such service under conditions other than dishonorable. (Added P.L. 89-613, 1.)

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Sec.

CHAPTER 36-Continued

SUBCHAPTER II-MISCELLANEOUS PROVISIONS-Continued

1787. Apprenticeship or other on-job training.

1788. Measurement of courses.

1789. Period of operation for approval.

1790. Overcharges by educational institutions; discontinuance of allowances; examination of records; false or misleading statements.

1791. Change of program.

1792. Advisory committee. 1793. Compliance surveys.

1794. Use of other Federal agencies.

1795. Limitation on period of assistance under two or more programs.

1796. Limitation on certain advertising, sales, and enrollment practices.

SUBCHAPTER III-EDUCATION LOANS TO ELIGIBLE VETERANS AND ELIGIBLE PERSONS 1798. Eligibility for loans; amount and conditions of loans; interest rate on loans.

1799. Revolving fund; insurance.

Subchapter I-State Approving Agencies

§ 1770. Scope of approval

(a) A course approved under and for the purposes of this chapter shall be deemed approved for the purposes of chapters 34 and 35 of this title. (Added P.L. 89-358, § 3 (a) (5).)

(b) Any course approved under chapter 33 of this title, prior to February 1, 1965, under subchapter VII of chapter 35 of this title, prior to the date of enactment of this chapter, and not disapproved under section 1683, section 1656 (as in effect prior to February 1, 1965), or section 1778 of this title, shall be deemed approved for the purposes of this chapter. (Added P.L. 89-358, § 3(a) (5); amended P.L. 92-540, § 403 (1).)

§ 1771. Designation

(a) Unless otherwise established by the law of the State concerned, the chief executive of each State is requested to create or designate a State department or agency, as the "State approving agency" for such State for the purposes of this chapter and chapters 34 and 35 of this title. (Added P.L. 88-126, § 1; amended P.L. 89-358, § 3(a) (6); P.L. 92-540, $ 403 (2); P.L. 94-502, § 513(a) (1).)

(b) (1) If any State fails or declines to create or designate a State approving agency, the provisions of this chapter which refer to the State approving agency shall, with respect to such State, be deemed to refer to the Administrator.

(2) In the case of courses subject to approval by the Administrator under section 1772 of this title, the provisions of this chapter which refer to a State approving agency shall be deemed to refer to the Administrator. (Added P.L. 88-126, § 1.)

§ 1772. Approval of courses

(a) An eligible person or veteran shall receive the benefits of this chapter and chapters 34 and 35 while enrolled in a course of education offered by an educational institution only if (1) such course is approved as provided in this chapter and chapters 34 and 35 by the State approving agency for the State where such educational institution is located, or by the Administrator, or (2) such course is approved (A)

for the enrollment of the particular individual under the provisions of section 1736 of this title or (B) for special restorative training under subchapter V of chapter 35 of this title. Approval of courses by State approving agencies shall be in accordance with the provisions of this chapter and chapters 34 and 35 and such other regulations and policies as the State approving agency may adopt. Each State approving agency shall furnish the Administrator with a current list of educational institutions specifying courses which it has approved, and, in addition to such list, it shall furnish such other information to the Administrator as it and the Administrator may determine to be necessary to carry out the purposes of this chapter and chapters 34 and 35. Each State approving agency shall notify the Administrator of the disapproval of any course previously approved and shall set forth the reasons for such disapproval. (Added P.L. 88-126, § 1; amended P.L. 89-358, 83(a) (7), (8); P.L. 92-540, § 403 (3), (4).)

(b) The Administrator shall be responsible for the approval of courses of education offered by any agency of the Federal Government authorized under other laws to supervise such education. The Administrator may approve any course in any other educational institution in accordance with the provisions of this chapter and chapters 34 and 35. (Added P.L. 88-126, § 1; amended P.L. 89-358, § 3 (a) (7); P.L. 92-540, § 403 (3).)

(c) In the case of programs of apprenticeship where

(1) the standards have been approved by the Secretary of Labor pursuant to section 50a of title 29 as a national apprenticeship program for operation in more than one State, and

(2) the training establishment is a carrier directly engaged in interstate commerce which provides such training in more than one State,

the Administrator shall act as a "State approving agency" as such term is used in section 1787 (a) (1) of this title and shall be responsible for the approval of all such programs. (Added P.L. 91-219, § 211; amended P.L. 92-540, § 403 (5).)

§1773. Cooperation

(a) The Administrator and each State approving agency shall take cognizance of the fact that definite duties, functions, and responsibilities are conferred upon the Administrator and each State approving agency under the educational programs established under this chapter and chapters 34 and 35. To assure that such programs are effectively and efficiently administered, the cooperation of the Administrator and the State approving agencies is essential. It is necessary to establish an exchange of information pertaining to activities of educational institutions, and particular attention should be given to the enforcement of approval standards, enforcement of enrollment restrictions, and fraudulent and other criminal activities on the part of persons connected with educational institutions in which eligible persons or veterans are enrolled under this chapter and chapters 34 and 35. (Added P.L. 88-126, § 1; amended P.L. 89-358, § 3(a) (7), (11); P.L. 92-540, § 403 (6).).

(b) The Administrator will furnish the State approving agencies with copies of such Veterans' Administration informational material as may aid them in carrying out chapters 34 and 35. (Added P.L. 88– 126, § 1; amended P.L. 89-358, § 3 (a) (7), (11).)

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