90TH CONGRESS 2D SESSION

H. R. 16025

IN THE SENATE OF THE UNITED STATES

MAY 22 (legislative day, MAY 20), 1968

Read twice and referred to the Committee on Labor and Public Welfare

AN ACT

To amend title 38 of the United States Code with respect to eligibility for, and the period of limitation on, educational assistance available under part III of such title, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That (a) section 1502 (b) of title 38, United States Code, is 4 amended by adding at the end thereof the following new sen5 tence: "If the veteran has pursued an educational or training 6 program under chapters 33 (prior to its repeal), 34 or 35 7 of this title, such program shall be utilized to the fullest extent 8 practical in determining the character and duration of the

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1 vocational rehabilitation to be furnished him under this

2 chapter."

3 (b) Section 1661 of title 38, United States Code, is 4 amended-·

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(1) by striking out "subsection (b)" in subsection (a) thereof and inserting in lieu thereof "subsection

(c)",

(2) by striking out subsections (b) and (d), (3) by redesignating subsection (c) as subsection (b), and

(4) by adding at the end thereof the following new subsection:

"(c) Except as provided in subsection (b) and in sec

14 tion 1678 of this title, no eligible veteran shall receive edu15 cational assistance under this chapter in excess of thirty-six 16 months."

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(c) Section 1711 of title 38, United States Code, is 18 amended by striking out subsections (b) and (c), and by 19 redesignating subsection (d) as subsection (b).

20 (d) (1) Subchapter II of chapter 36 of title 38, United 21 States Code, is amended by adding at the end thereof the 22 following new section:

23 "§ 1791. Limitation on period of assistance under two or

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more programs

"The aggregate period for which any person may re

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1 ceive assistance under two or more of the laws listed below

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"(1) parts VII or VIII, Veterans Regulation numbered 1 (a), as amended;

"(2) title II of the Veterans' Readjustment Assist

ance Act of 1952;

"(3) the War Orphans' Educational Assistance Act of 1956;

"(4) Chapters 31, 34, and 35 of this title, and the former chapter 33

10 may not exceed forty-eight months (or the part-time equiva11 lent thereof), but this section shall not be deemed to limit 12 the period for which assistance may be received under chap13 ter 31 alone."

14 (2) The table of sections of chapter 36 of title 38, 15 United States Code, is amended by adding at the end thereof 16 the following:

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"1791. Limitation on period of assistance under two or more programs."

SEC. 2. (a) (1) Subchapter I of chapter 35 of title 38, 18 United States Code, is amended by inserting immediately

19 before section 1701 the following new section:

20 " 1700. Purpose

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"The Congress hereby declares that the educational pro

22 gram established by this chapter is for the purpose of provid23 ing opportunities for education to children whose education 24 would otherwise be impeded or interrupted by reason of the

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1 disability or death of a parent from a disease or injury 2 incurred or aggravated in the Armed Forces after the begin3 ning of the Spanish-American War, and for the purpose of 4 aiding such children in attaining the educational status which 5 they might normally have aspired to and obtained but for 6 the disability or death of such parent. The Congress further 7 declares that the educational program extended to the widows 8 of veterans who died of service-connected disabilities and to wives of veterans with a service-connected total disability 10 permanent in nature is for the purpose of assisting them in 11 preparing to support themselves and their families at a stand12 ard of living level which the veteran, but for his death or 13 service disability, could have expected to provide for his 14 family."

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(2) The table of sections of chapter 35 of title 38, 16 United States Code, is amended by adding immediately

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"1701. Definitions."

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"1700. Purpose."

(b) Paragraph (1) of section 1701 (a) of title 38,

20 United States Code, is amended to read as follows:

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"(1) The term 'eligible person' means—

"(A) a child of a person who

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"(i) died of a service-connected disability, or

"(ii) has a total disability permanent in nature resulting from a service-connected disability, or who died while a disability so evaluated was in existence,

"(B) the widow of any person who died of a service-connected disability, or

"(C) the wife of any person who has a total disability permanent in nature resulting from a service-con

nected disability, or the widow of a veteran who died while a disability so evaluated was in existence,

arising out of active military, naval, or air service after the 12 beginning of the Spanish-American War, but only if such 13 service did not terminate under dishonorable conditions. The 14 standards and criteria for determining whether or not a dis15 ability arising out of such service is service connected shall be 16 those applicable under chapter 11 of this title."

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(c) Subsection (d) of section 1701 of title 38, United

18 States Code, is amended to read as follows:

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"(d) No eligible person may be afforded educational 20 assistance under this chapter unless he was discharged or

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21 released after each period he was on duty with the Armed 22 Forces under conditions other than dishonorable, or while he 23 is on duty with the Armed Forces."