Public Law 92–540

by adding at the end of subsection 1502 a new subsection as follows:

“(d)“(d)

Veterans pursuing a program of vocational rehabilitation training under the provisions of this chapter shall also be eligible, where feasible, to perform veteran-student services pursuant to section 1685 of this title and for advance subsistence allowance payments as

Post, p. 1076.

84 Stat. 76.

provided by section 1780 of this title.”;

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by amending section 1504 (b) to read as follows:

“(b)“(b)

The subsistence allowance of a veteran-trainee is to be determined in accordance with the following table, and shall be the monthly amount, shown in column II, III, IV, or V (whichever is applicable as determined by the veteran’s dependency status) opposite the appropriate typo of training as specified in column I:

“Column I	Column II	Column III	Column IV	Column V
Type of training	No dependents	One dependent	Two dependents	More than two dependents
				The amount in column IV, plus the following for each dependent in excess of two:
Institutional:
Full-time	$170	$211	$248	$18
Three-quartertime	128	159	187	14
Half-time	85	106	124	9
Farm cooperative, apprentice, or other on-job training:
Full-time	148	179	207	14”;

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by deleting in section 1507 “$100” and inserting in lieu thereof “$200”.

by deleting in the last sentence of section 1677(b) “$175”

Flight training.

84 Stat. 76.

and inserting in hen thereof “$220”;

by amending the table contained in paragraph (1) of section 1682 (a) to read as follows:

“Column I	Column II	Column III	Column IV	Column V
Type of training	No dependents	One dependent	Two dependents	More than two dependents
				The amount in column IV, plus the following for each dependent in excess of two:
Institutional:
Full-time	$220	$261	$298	$18
Three-quarter-time	165	196	224	14
Half-time	110	131	149	9
Cooperative	177	208	236	14”;

by deleting in section 1682(b) “;$175” and inserting in lieu thereof “$220”;

by amending the table contained in paragraph (2) of section

Post, p. 1081.

1682 (c), as redesignated by this Act, to read as follows:

“Column I	Column II	Column III	Column IV	Column V
Type of training	No dependents	One dependent	Two dependents	More than two dependents
				The amount in column IV, plus the following for each dependent in excess of two:
Full-time	$177	$208	$236	$14
Three-qauarter-time	133	156	177	11
Half-time	89	104	118	7”;

and

by deleting in section 1696(b) “$175” and inserting in lieu

84 Stat. 81.

thereof “$220”.

by amending section 1732(a) (1) to read as follows:

“(a)“(a)

(1)(1)

The educational assistance allowance on behalf of an eligible person who is pursuing a program of education consisting of institutional courses shall be computed at the rate of (A) $220 per month if pursued on a full-time basis, (B) $165 per month if pursued on a three-quarter-time basis, and (C) $110 per month if pursued on a half-time basis.”;

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by deleting in section 1732(a) (2) “$175” and inserting in lieu thereof “$220”;

by deleting in section 1732(b) “$141” and inserting in lieu thereof “$177”; and

by amending section 1742(a) to read as follows:

“(a)“(a)

While the eligible person is enrolled in and pursuing a full-time course of special restorative training, the parent or guardian shall be entitled to receive on his behalf a special training allowance computed at the basic rate of $220 per month. If the charges for tuition and fees applicable to any such course are more than $69 per calendar month, the basic monthly allowance may be increased by the amount that such charges exceed $69 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 $7.35 that the special training allowance paid exceeds the basic monthly allowance.”

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by striking out the parenthetical phrase in clause (A) and inserting in lieu thereof: “(a minimum of ten clock hours per week or four hundred and forty clock hours in such year prescheduled to provide not less than eighty clock hours in any three-month period)”;

by striking out “9” and “6” in clauses (B) and (C), respectively, and inserting in lieu thereof “7” and “5”, respectively; and

by adding the following sentence at the end thereof: “In computing the foregoing clock hour requirements there shall be included the time involved in field trips and individual and group instruction sponsored and conducted by the educational institution through a duly authorized instructor of such institution in which the veteran is enrolled.”

striking out “marked” wherever it appears; and

inserting a comma in subsection (b) immediately after “month” and by inserting immediately after “nine months,” in such subsection, the following; “or until a maximum of $450 is utilized,”.

by amending paragraph (6) to read as follows:

72 Stat. 1193.

“(6)“(6)

The term educational institution’ means any public or private secondary school, vocational school, correspondence school, business school, junior college, teachers’ college, college, normal school, professional school, university, or scientific or technical institution, or any other institution if it furnishes education at the secondary school level or above.”; and

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by adding at the end thereof the following new paragraph:

“(9)“(9)

for the purposes of this chapter and chapter 36 of this title,

80 Stat. 20; 82 Stat. 1331.

38 USC 1770.

the term ‘training establishment’ means any establishment providing apprentice or other training on the job, including those under the supervision of a college or university or any State department of education, or any State apprenticeship agency, or any State board of vocational education, or any joint apprenticeship committee, or the Bureau of Apprenticeship and Training established pursuant to chapter 4C of title 29, or any agency of the Federal

50 Stat. 664.

29 USC 50.

Government authorized to supervise such training.”

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amending subsection (c) to read as follows:

72 Stat. 1196; 76 Stat. 216.

“(c)“(c)

The Administrator shall not approve the enrollment of an eligible person in any course of institutional on-farm training, any course lo be pursued by correspondence (except as provided in section 1786 of this title), open circuit television (except as herein provided),

Post, p. 1084.

or a radio, or any course to be pursued at an educational institution not located in a State or in the Republic of the Philippines (except as herein provided). The Administrator may approve the enrollment of an eligible person in a course, to be pursued in residence, leading to a standard college degree which includes, as an integral part thereof, subjects offered through the medium of open circuit televised instruction, if the major portion of the course requires conventional classroom or laboratory attendance. The Administrator may approve the enrollment at an educational institution which is not located in a State or in the Republic of the Philippines if such program is pursued at an approved educational institution of higher learning. The Administrator in his discretion may deny or discontinue the educational assistance under this chapter of any eligible person in a foreign educational institution if he finds that such enrollment is not in the best interest of the eligible person or the Government.”; and

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inserting “(except as provided in section 1733 of this title)”

Post, p. 1084.

after “regular secondary school education” in subsection (d).

inserting in subsection (a) immediately after the word

72 Stat. 1197.

“shall” a comma and the following: “in accordance with the provisions of section 1780 of this title,”;

Ante, p. 1076.

striking out subsections (b), (c), and (e) in their entirety; and

redesignating subsection (d) as subsection (b).

striking out “34 or 35” and inserting in lieu thereof “34, 35, or 36” in subsection (a) and in the first sentence of subsection (b);

inserting “or eligible persons” after “veterans” in the second sentence of subsection (b);and

striking out “enrolled under chapter 34 of this title, plus the number or eligible persons enrolled under chapter 35 of this title” and inserting in lieu thereof “or eligible persons enrolled under chapters 34, 35, and 36 of this title, or $4 in the case of those eligible veterans and eligible persons whose educational assistance checks are directed in care of each institution for temporary custody and delivery and are delivered at the time of

Ante, p. 1076.

registration as provided under section 1780(d)(5) of this title” in subsection (b).

striking out sections 1786 and 1787 and inserting in lieu thereof the following:

Ҥ 1786. Correspondence courses

“(a)“(a)

(1)(1)

Each eligible veteran (as defined in section 1652(a) (1)

80 Stat. 13.

82 Stat. 1332; 84 Stat. 1575.

and (2) of this title) and each eligible wife or widow (as defined in section 1701(a) (1) (B), (C), or (D) of this title) who enters into an enrollment agreement to pursue a program of education exclusively by correspondence shall be paid an educational assistance allowance computed at the rate of 90 per centum of the established charge which the institution requires non veterans to pay for the course or courses

“Established charge.”

pursued by the eligible veteran or wife or widow. The term ‘established charge’ as used herein means the charge for the course or courses determined on the basis of the lowest extended time payment plan offered by the institution and approved by the appropriate State approving agency or the actual cost to the veteran or wife or widow, whichever is the lesser. Such allowance shall be paid quarterly on a pro rata basis for the lessons completed by the veteran or wife or widow and serviced by the institution.

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“(2)“(2)

The period of entitlement of any veteran or wife or widow who is pursuing any program of education exclusively by correspondence shall be charged with one month for each $220 which is paid to the veteran or wife or widow as an educational assistance allowance for such course.

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“(b)“(b)

The enrollment agreement shall fully disclose the obligation of both the institution and the veteran or wife or widow and shall prominently display the provisions for affirmance, termination, refunds, and the conditions under which payment of the allowance is made by the Administrator to the veteran or wife or widow, A copy of the enrollment agreement shall be furnished to each such veteran or wife or widow at the time such veteran or wife or widow signs such agreement. No such agreement shall be effective unless such veteran or wife or widow shall, after the expiration of ten days after the enrollment agreement is signed, have signed and submitted to the Administrator a written statement, with a signed copy to the institution, specifically affirming the enrollment agreement. In the event the veteran or wife or widow at any time notifies the institution of his intention not to affirm the agreement in accordance with the preceding sentence, the institution, without imposing any penalty or charging any fee shall promptly make a full refund of all amounts paid.

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“(c)“(c)

In the event, a veteran or wife or widow elects to terminate his enrollment under an affirmed enrollment agreement, the institution (other than one subject to the provisions of section 1776 of this title)

77 Stat. 159.

38 USC 1776.

may charge the veteran or wife or widow a registration or similar fee not in excess of 10 per centum of the tuition for the course, or $50, whichever is less. Where the veteran or wife or widow elects to terminate the agreement after completion of one or more but less than 25 per centum of the total number of lessons comprising the course, the institution may retain such registration or similar fee plus 25 per centum of the tuition for the course. Where the veteran or wife or widow elects to terminate the agreement after completion of 25 per centum but less than 50 per centum of the lessons comprising the course, the institution may retain the full registration or similar fee plus 50 per centum of the course tuition. If 50 per centum or more of the lessons are completed, no refund of tuition is required.

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Ҥ 1787. Apprenticeship or other on-job training

“(a)“(a)

An eligible veteran (as defined in section 1652(a)(1) of this title) or an eligible person (as defined in section 1701(a) of this title)

80 Stat. 13; 84 Stat. 1577.

82 Stat. 1332; 84 Stat. 1575.

shall be paid a training assistance allowance as prescribed by subsection (b) of this section while pursuing a full-time—

“(1)“(1)

program of apprenticeship approved by a State app roving agency as meeting the standards of apprenticeship published by the Secretary of Labor pursuant to section 50a of title 29, or

50 Stat. 665.

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“(2)“(2)

program of other on-job training approved under provisions of section 1777 of this title,

81 Stat. 186; 84 Stat. 83.

38 USC 1651, 1700.

#

subject to the conditions and limitations of chapters 34 and 35 with respect to educational assistance.

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“(b)“(b)

(1)(1)

The monthly training assistance allowance of an eligible veteran pursuing a program described under subsection (a) shall be as follows:

“Column I	Column II	Column III	Column IV	Column V
Period of training	No dependents	One dependent	Two dependents	More than two dependents
				The amount in column IV, plus the following for each dependent in excess of two:
First 6 months	$160	$179	$196	$8.
Second 6 months	120	139	156	8.
Third 6 months	80	99	116	8.
Fourth and any succeeding 6-month periods	40	59	76	8.

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8.

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“(2)“(2)

The monthly training assistance allowance of an eligible per-son pursuing a program described under subsection (a) shall be (A) $160 during the first six-month period, (B) $120 during the second six-month period, (C) $80 during the third six-month period, and (D) $40 during the fourth and any succeeding six-month period.

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“(3)“(3)

In any month in which an eligible veteran or person pursuing a program of apprenticeship or a program of other on-job training fails to complete one hundred and twenty hours of training in such month, the monthly training assistance allowance set forth in subsection (b) (1) or (2) of this section, as applicable, shall be reduced proportionately in the proportion that the number of hours worked bears to one hundred and twenty hours rounded off to the nearest eight hours.

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“(c)“(c)

For the purpose of this chapter, the terms ‘program of apprenticeship’ and ‘program of other on-job training’ shall have the same meaning as ‘program of education’; and the term ‘training assistance allowance’ shall have the same meaning as ‘educational assistance

80 Stat. 12; 72 Stat. 1193.

38 USC 1651, 1700.

80 Stat. 23; 82 Stat. 1331.

allowance’ as set forth in chapters 34 and 35 of this title.”;

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redesignating sections 1788, 1789, 1790, and 1791 as sections 1792, 1793, 1794, and 1795, respectively, and inserting after section 1787 the following new sections:

Ҥ 1788. Measurement of courses

“(a)“(a)

For the purposes of this chapter and chapters 34 and 35 of this title—

“(1)“(1)

an institutional trade or technical course offered on a clock-hour basis below the college level involving shop practice as an integral part thereof, shall be considered a full-time course when a minimum of thirty hours per week of attendance is required with no more than two and one-half hours of rest periods per week allowed;

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“(2)“(2)

an institutional course offered on a clock-hour basis below the college level in which theoretical or classroom instruction pre-dominates shall be considered a full-time course when a minimum of twenty-five hours per week net of instruction (which may include customary intervals not to exceed ten minutes between hours of instruction) is required;

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“(3)“(3)

an academic high school course requiring sixteen units for a full course shall be considered a full-time course when (A) a minimum of four units per year is required or (B) an individual is pursuing a program of education leading to an accredited high school diploma at a rate which, if continued, would result in receipt of such a diploma in four ordinary school years. For the purpose of subclause (A) of this clause, a unit is defined to be not less than one hundred and twenty sixty-minute hours or their equivalent of study in any subject in one academic year;

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“(4)“(4)

an institutional undergraduate course offered by a college or university on a quarter- or semester-hour basis shall be considered a full-time course when a minimum of fourteen semester hours or the equivalent thereof (including such hours for which no credit is granted but which are required to be taken to correct an educational deficiency and which the educational institution considers to be quarter or semester hours for other administrative purposes), for which credit is granted toward a standard college degree, is required, except that where such college or university certifies, upon the request of the Administrator, that (A) full-time tuition is charged to all undergraduate students carrying a minimum of less than fourteen such semester hours or the equivalent thereof, or (B) all undergraduate students carrying a minimum of less than fourteen such semester hours or the equivalent thereof, are considered to be pursuing a full-time course for other administrative purposes, then such an institutional undergraduate course offered by such college or university with such minimum number of such semester hours shall be considered a full-time course, but in the event such minimum number of semester hours is less than twelve semester hours or the equivalent thereof, then twelve semester hours or the equivalent thereof shall be considered a full-time course;

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“(5)“(5)

a program of apprenticeship or a program of other on-job training shall be considered a full-time program when the eligible veteran or person is required to work the number of hours constituting the standard workweek of the training establishment, but a workweek of less than thirty hours shall not be, considered to constitute full-time training unless a lesser number of hours has been established as the standard workweek for the particular establishment through bona fide collective bargaining: and

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“(6)“(6)

an institutional course offered as part of a program of education below the college level under section 1691(a)(2) or 1696(a) (2) of this title shall be considered a full-time course on

84 Stat. 79.

38 USC 1691, 1696.

the basis of measurement criteria provided in clause (2), (3), or (4) as determined by the educational institution.

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“(b)“(b)

The Administrator shall define part-time training in the case of the types of courses referred to in subsection (a), and shall define full-time and part-time training in the case of all other types of courses pursued under this chapter or chapter 34 or 35 of this title.

80 Stat. 12; 72 Stat. 1193.

38 USC 1651, 1700.

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Ҥ 1789. Period of operation for approval

“(a)“(a)

The Administrator shall not approve the enrollment of an eligible veteran or eligible person in any course offered by an educational institution when such course has been in operation for less than two years.

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“(b)“(b)

Subsection (a) shall not apply to—

“(1)“(1)

any course to be pursued in a public or other tax-supported educational institution;

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“(2)“(2)

any course which is offered by an educational institution which has been in operation for more than two years, if such course is similar in character to the instruction previously given by such institution;

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“(3)“(3)

any course which has been offered by an institution for a period of more than two years, notwithstanding the institution has moved to another location within the same general locality, or has made a complete move with substantially the same faculty, curricula, and students, without change in ownership;

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“(4)“(4)

any course which is offered by a nonprofit educational institution of college level and which is recognized for credit toward a standard college degree; or

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“(5)“(5)

any course offered by a proprietary nonprofit educational institution which qualifies to carry out an approved program of education under the provisions of subchapter V or VI of chapter

84 Stat. 79.

38 USC 1690.

Ante, p. 1082.

34 of this title (including those courses offered at other than the institution’s principal location) if the institution offering such course has been in operation for more than two years.

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

“(a)“(a)

“Overcharges by Educational Institutions

If the Administrator finds that an educational institution has—

“(1)“(1)

charged or received from any eligible veteran or elegible person pursuing a program of education under this chapter or chapter 34 or 35 of this title any amount for any course in excess of the charges for tuition and fees which such institution requires similarly circumstanced nonveterans not receiving assistance under such chapters who are enrolled in the same course to pay, or

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“(2)“(2)

instituted, after the effective date of section 1780 of this

Ante, p. 1076.

title, a policy or practice with respect to the payment of tuition, fees, or other charges in the case of eligible veterans and the Administrator finds that the effect of such policy or practice substantially denies to veterans the benefits of the advance and prepayment allowances under such section,

#

he may disapprove such educational institution for the enrollment of any eligible veteran or eligible person not already enrolled therein under this chapter or chapter 31, 34, or35,of this title,

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“(b)“(b)

“Discontinuance of Allowances

The Administrator may discontinue the educational assistance allowance of any eligible veteran or eligible person if he finds that the program of education or any course in which the veteran or person is enrolled fails to meet any of the requirements of this chapter or chapter 34 or 35 of this title, or if he finds that the educational institution offering such program or course has violated any provision of this chapter or chapter 34 or 35, or fails to meet any of the requirements of such chapters.

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“(c)“(c)

“Examination of Records

The records and accounts of educational institutions pertaining to eligible veterans or eligible persons who received educational assistance under this chapter or chapter 31, 34, or 35 of this title shall be

38 USC 1501, 1651, 1700.

available for examination by duly authorized representatives of the Government.

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“(d)“(d)

“False or Misleading Statements

Whenever the Administrator finds that an educational institution has willfully submitted a false or misleading claim, or that a veteran or person, with the complicity of an educational institution, has submitted such a claim, he shall make a complete report of the

Report.

facts of the case to the appropriate State approving agency and, where deemed advisable, to the Attorney General of the United States for appropriate action.

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Ҥ 1791. Change of program

“(a)“(a)

Except as provided in subsections (b) and (c) of this section, each eligible veteran and eligible person may make not more than one change of program of education, but an eligible veteran or eligible person whose program has been interrupted or discontinued due to his own misconduct, his own neglect, or his own lack of application shall not be entitled to any such change.

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“(b)“(b)

The Administrator may approve one additional change (or an initial change in the case of a veteran or person not eligible to make a change under subsection (a)) in program if he finds that—

“(1)“(1)

the program of education which the eligible veteran or eligible person proposes to pursue is suitable to his aptitudes, interests, and abilities; and

#

“(2)“(2)

in any instance where the eligible veteran or eligible person has interrupted, or failed to progress in, his program due to his own misconduct, his own neglect, or his own lack of application, there exists a reasonable likelihood with respect to the program which the eligible veteran or eligible person proposes to pursue that there will not be a recurrence of such an interruption or failure to progress.

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“(c)“(c)

The Administrator may also approve additional changes in program if he finds such changes are necessitated by circumstances beyond the control of the eligible veteran or eligible person.

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“(d)“(d)

As used in this section the term ‘change of program of education’ shall not lie deemed to include a change from the pursuit of one program to pursuit of another where the first program is prerequisite to, or generally required for, entrance into pursuit of the second.”; and

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Section 1792 of title 38, United States Code (as redesignated

Ante, p. 1086

by section 316(2) of this Act) is amended by inserting between the first and second sentences of such section the following: “The Committee shall also include veterans representative of World War II, the Korean conflict era, the post-Korean conflict era, and the Vietnam era.”

inserting after “this chapter” in subsection (a) of section 1661 “or chapter 36”;

80 Stat. 13; 84 Stat. 79.

deleting “31 or 35” and inserting “31, 34, or 36” in subsection (d) of section 1673;

striking out all after “certification” down to the period and inserting in lieu thereof “as required by section 1681(c) of this

82 Stat. 185.

title” in the second sentence of section 1677 (b);

striking out “(c) (1), or (d)” and inserting in lieu thereof “or (c)” and striking out “1683” and inserting in lieu thereof “1787” in subsection 1682(a) (1);

striking out the last sentence of section 1682(b);

striking out sections 1672, 1675, 1683, and 1687 in their entirety; and

redesignating section 1686 as section 1683.

deleting “1737” and inserting “1736” in section 1712(a)(2);

striking out sections 1722, 1725, and 1736 in their entirety;

redesignating section 1737 as section 1736; and

striking out “1737” and inserting “1736” in section 1735.

striking out “1686” and inserting “1683” in section 1770(b);

inserting “this chapter and” after “purposes of” in section 1771(a);

inserting “this chapter and” before “chapters 34 and 35” each place it appears in section 1772;

striking out “1737” and inserting in lieu thereof “1736” in section 1772(a);

striking out “1683(a)(1)” and inserting in lieu thereof “ 1787 (a) (1)” in section 1772 (c);

inserting “this chapter and” before “chapters 34 and 35” in subsection (a) of section 1773;

inserting “this chapter and” before “chapters 34 and 35” the first, time it appears in section 1774(a);

striking out “or special training allowance granted under chapter 34 or 35” and inserting in lieu thereof “granted under chapter 34, 35, or 36” in section 1781;

inserting “this chapter or” before “chapter 34 or 35” in section 1782;

inserting “this chapter or” before “chapter 34 or 35” each place it appears in section 1783;

inserting “this chapter or” before “chapter 34 or 35” in section 1785;

inserting “this chapter or” before “chapter 34 or 35” in section 1793 (as redesignated by section 316(2) of this Act); and

striking out “Chapters 31, 34, and 35” and inserting in lieu thereof “chapters 31, 34, 35, and 36” in section 1795 (as redesignated by section 316 (2) of this Act).

The table of sections at the beginning of chapter 34 of title 38, United States Code, is amended by—

The subchapter heading above section 1681 of such title is amended to read as follows:

“Subchapter IV— Payments to Eligible Veterans; Veteran-Student Services

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striking out:

and

striking out:

and inserting in lieu thereof:

inserting:

immediately above

and

striking out:

and inserting in lieu thereof:

Subsection (b) thereof is amended to read as follows:

“(b)“(b)

For the purposes of this title, (1) the term ‘wife’ includes the husband of any female veteran; and (2) the term ‘widow’ includes the widower of any female veteran.”; and

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The heading of such section is amended to read as follows:

“§ 102. Dependent parents; husbands”.

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The first sentence of section 240 of title 38, United States Code, is amended by inserting “and encourage” after “aid”.

Section 241 of such title is amended by striking out “give priority to so advising” and inserting in lieu thereof “insure, through the utilization of veteran-student services under section 1685 of this

Ante, p. 1080.

title, that contact, in person or by telephone, is made with” in clause

by inserting after “Veterans’ Administration” where it first appeals, the language: “and the names and addresses of present or former personnel of the armed services, and their dependents, in the possession of the Veterans’ Administration”; and

by adding at the end of such section the following new clause (9):

“(9)“(9)

the Administrator may, pursuant to regulations he shall prescribe, release the names and addresses of present or former personnel of the armed services, and/or dependents to any non-profit organization but only if the release is directly connected with the conduct of programs and the utilization of benefits under this title. Any such organization or member thereof which uses

Penalty.

such names and addresses for purposes other than those specified in this clause shall be fined not more than $500 in the case of a first offense, and not more than $5,000 in the case of subsequent offenses.”

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Chapter 41 of title 38, United States Code, is amended to read as follows:

“Chapter 41.— JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS

Ҥ2001. Definitions

“For the purposes of this chapter—

“(1)“(1)

The term ‘eligible veteran’ means a person who served in the active military, naval, or air service and who was discharged or released therefrom with other than a dishonorable discharge.

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“(2)“(2)

The term ‘State’ means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, and may include, to the extent determined necessary and feasible, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

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Ҥ2002. Purpose

“The Congress declares as its intent and purpose that there shall be an effective (1) job and job training counseling service program, (2) employment placement service program, and (3) job training placement service program for eligible veterans and that, to this end policies shall be promulgated and administered through a Veterans Employment Service within the Department of Labor, so as to provide such veterans the maximum of employment and training opportunities through existing programs, coordination and merger of programs and implementation of new programs.

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“§2003. Assignment of veterans’ employment representative

“The Secretary of Labor shall assign to each State a representative of the Veterans’ Employment Service to serve as the veterans’ employment representative, and shall further assign to each State one assist-ant veterans’ employment representative per each 250,000 veterans of the State veterans population, and such additional assistant veterans’ employment representatives as he shall determine, based on the data

Post, p. 1096.

collected pursuant to section 2007 of this title, to be necessary to assist the veterans’ employment representative to carry out effectively in that State the purposes of this chapter. Each veterans’ employment representative and assistant veterans’ employment representative shall be an eligible veteran who at the time of appointment shall have been a bona fide resident of the State for at least two years and who shall be appointed in accordance with the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 of subchapter III of chapter 53 of such title, relating to classification and

80 Stat. 443, 467.

5 USC 5101, 5331.

general schedule pay rates. Each such veterans’ employment representative and assistant veterans’ employment representative shall be attached to the staff of the public employment service in the State to which they have been assigned. They shall be administratively responsible to the Secretary of Labor for the execution of the Secretary’s veterans’ counseling and placement policies through the public employment service and in cooperation with manpower and training programs administered by the Secretary in the State. In cooperation with the public employment service staff and the staffs of each such other program in the State, the veterans’ employment representative and his assistants shall—

“(1)“(1)

be functionally responsible for the supervision of the registration of eligible veterans in local employment offices for suitable types of employment and training and for counseling and placement of eligible veterans in employment and job training programs;

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“(2)“(2)

engage in job development and job advancement activities for eligible veterans, including maximum coordination with appropriate officials of the Veterans’ Administration in that agency’s carrying out of its responsibilities under subchapter IV of chapter 3 of this title and in the conduct of job fairs, job marts,

84 Stat. 84.

38 USC 240.

and other special programs to match eligible veterans with appropriate job and job training opportunities;

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“(3)“(3)

assist in securing and maintaining current information as to the various types of available employment and training opportunities, including maximum use of electronic data processing and telecommunications systems and the matching of an eligible veteran’s particular qualifications with an available job or on-job training or apprenticeship opportunity which is commensurate with those qualifications;

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“(4)“(4)

promote the interest of employers and labor unions in employing eligible veterans and in conducting on-job training and apprenticeship programs for such veterans;

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“(5)“(5)

maintain regular contact with employers, labor unions, training programs and veterans’ organizations with a view to keeping them advised of eligible veterans available for employment and training and to keeping eligible veterans advised of opportunities for employment and training; and

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“(6)“(6)

assist in every possible way in improving working conditions and the advancement of employment of eligible veterans.

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Ҥ2004. Employees of local offices

“Except as may be determined by the Secretary of Labor based on a demonstrated lack of need for such services, there shall be assigned by the administrative head of the employment service in each State one or more employees, preferably eligible veterans, on the staffs of local employment service offices, whose services shall be fully devoted to discharging the duties prescribed for the veterans’ employment representative and his assistants.

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Ҥ2005. Cooperation of Federal agencies

“All Federal agencies shall furnish the Secretary of Labor such records, statistics, or information as he may deem necessary or appropriate in administering the provisions of this chapter, and shall otherwise cooperate with the Secretary in providing continuous employment and training opportunities for eligible veterans.

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Ҥ2006. Estimate of funds for administration; authorization of appropriations

“(a)“(a)

The Secretary of Labor shall estimate the funds necessary for the proper and efficient administration of this chapter. Such estimated sums shall include the annual amounts necessary for salaries, rents, printing and binding, travel, and communications. Sums thus estimated shall be included as a special item in the annual budget for the Department of Labor. Estimated funds necessary for proper counseling, placement, and training services to veterans provided by the various State public-employment service agencies shall be separately identified in the budgets of those agencies as approved by the Department of Labor.

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“(b)“(b)

There are authorized to be appropriated such sums as may be necessary for the proper and efficient administration of this chapter.

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“(c)“(c)

In the event that the regular appropriations Act making appropriations for administrative expenses for the Department of Labor with respect to any fiscal year does not specify an amount for the purposes specified in subsection (b) of this section for that fiscal year, then of the amounts appropriated in such Act there shall be available only for the purposes specified in subsection (b) of this section such amount as was set forth in the budget estimate submitted pursuant to subsection (a) of this section.

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“(d)“(d)

Any funds made available pursuant to subsections (b) and (c) of this section shall not be available for any purpose other than those specified in such subsections, except with the approval of the Secretary of Labor based on a demonstrated lack of need for such funds for such purposes.

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Ҥ2007. Administrative controls; annual report

“(a)“(a)

The Secretary of Labor shall establish administrative controls for the following purposes:

“(1)“(1)

To insure that each eligible veteran, especially those veterans who have been recently discharged or released from active duty, who requests assistance under this chapter shall promptly be placed in a satisfactory job or job training opportunity or receive some other specific form of assistance designed to enhance his employment prospects substantially, such as individual job development or employment counseling services.

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“(2)“(2)

To determine whether or not the employment service agencies in each State have committed the necessary staff to insure that the provisions of this chapter are. carried out; and to arrange for necessary corrective action where staff resources have been determined by the Secretary of Labor to be inadequate.

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“(b)“(b)

The Secretary of Labor shall report annually to the Congress on the success of the Department of Labor and its affiliated State employment service agencies in carrying out the provisions of this chapter. The report, shall include, by State, the number of recently discharged or released eligible veterans, veterans with service-connected disabilities, and other eligible veterans who requested assistance through the public employment service and, of these, the number placed in suitable employment or job training opportunities or who were otherwise assisted, with separate reference to occupational training under appropriate Federal law. The report shall also include any determination by the Secretary under section 2004 or 2006 of this title and a statement of the reasons for such determination.

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“§2008. Cooperation and coordination with the Veterans’ Administration

“In carrying out his responsibilities under this chapter, the Secretary of Labor shall from time to time consult with the Administrator’ and keep him fully advised of activities carried out and all data gathered pursuant to this chapter to insure maximum cooperation and coordination between the Department of Labor and the Veterans’ Administration.”

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The table of chapters at the beginning of title 38, United States Code, and the table of chapters at the beginning of part III of such title are each amended by striking out:

and inserting

Part III of title 38, United States Code, is amended

72 Stat. 1170; Ante, p. 1094.

38 USC 1501.

by adding at the end thereof a new chapter as follows:

“Chapter 42.— EMPLOYMENT AND TRAINING OF DISABLED AND VIETNAM ERA VETERANS

Ҥ 2011. Definitions

“As used in this chapter—

“(1)“(1)

The term ‘disabled veteran’ means a person entitled to dis-ability compensation under laws administered by the Veterans’ Administration for a disability rated at 30 per centum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty.

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“(2)“(2)

The term ‘veteran of the Vietnam era’ means a person (A) who (i) served on active duty for a period of more than 180 days, any part of which occurred during the Vietnam era, and was dis-charged or released therefrom with other than a dishonorable dis-charge, or (ii) was discharged or released from active duty for a service-connected disability if any part of such active duty was per-formed during the Vietnam era, and (B) who was so discharged or released within the 48 months preceding his application for employment covered under this chapter.

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“(3)“(3)

The term ‘department and agency’ means any department or agency of the Federal Government or any federally owned corporation.

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“§ 2012. Veterans’ employment emphasis under Federal contracts

“(a)“(a)

Any contract entered into by any department or agency for the procurement of personal property and non-personal services (including construction) for the United States, shall contain a pro-vision requiring that, in employing persons to carry out such contract, the party contracting with the United States shall give special emphasis to the employment of qualified disabled veterans and veterans of the Vietnam era. The provisions of this section shall apply to any subcontract entered into by a prime contractor in carrying out any contract for the procurement of personal property and non-personal services (including construction) for the United States. The President shall implement the provisions of this section by promulgating regulations within 60 days after the date of enactment of this section, which regulations shall require that (1) each such contractor undertake in such contract to list immediately with the appropriate local employment service office all of its suitable employment openings, and (2) each such local office shall give such veterans priority in referral to such employment openings.

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“(b)“(b)

If any disabled veteran or veteran of the Vietnam era believes any contractor has failed or refuses to comply with the provisions of his contract with the United States, relating to giving special emphasis in employment to veterans, such veteran may file a complaint with the Veterans’ Employment Service of the Department of Labor. Such complaint shall be promptly referred to the Secretary who shall promptly investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of such contract and the laws and regulations applicable thereto.

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Ҥ 2013. Eligibility requirements for veterans under certain Federal manpower training programs

“Any (1) amounts received as pay or allowances by any person while serving on active duty, (2) period of time during which such person served on such active duty, and (3) amounts received under chapters 3a USC 301, 401, 1501, 1651, 1700, 1770.

72 Stat. 1106.

11, 13, 31, 34, 35, and 36 of this title by a veteran (as defined in section 101(2) of this title) who served on active duty for a period of more than 180 days or was discharged or released from active duty for a service-connected disability, and any amounts received by an eligible person under chapters 13 and 35 of such title, shall be disregarded in determining the needs or qualifications of participants in any public service employment program, any emergency employment program, any job training program assisted under the Economic Opportunity

78 Stat. 508.

42 USC 2701 note.

76 Stat. 23.

42 USC 2571 note.

Act of 1964, any manpower training program assisted under the Manpower Development and Training Act of 1962, or any other manpower training (or related) program financed in whole or in part with Federal funds.”

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The table of chapters at the beginning of title 38, United States Code, and the table of chapters at the beginning of part III of such title are each amended by adding at the end thereof a new item as follows:

Section 101(1) (50 U.S.C. App. 511(1)) is amended by striking out “The term ‘persons in military service’” and inserting in lieu thereof “The term ‘person in the military service’, the term ‘persons in military service’,”.

The following new section is inserted after section 700:

“Sec. 701.

(a)(a)

Notwithstanding any other provision of law, a power of attorney which—

(1)(1)

was duly executed by a person in the military service who is in a missing status (as defined in section 551(2) of title

80 Stat. 625.

37, United States Code);

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(2)(2)

designates that person’s spouse, parent, or other named relative as his attorney in fact for certain specified, or all, purposes; and

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(3)(3)

expires by its terms after that person entered a missing status, and before or after the effective date of this section;

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shall be automatically extended for the period that the person is in a missing status.

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“(b)“(b)

No power of attorney executed after the effective date of this section by a person in the military service may be extended under subsection (a) if the document by its terms clearly indicates that the power granted expires on the date specified even though that person, after the date of execution of the document, enters a missing status.

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“(c)“(c)

This section applies only to persons in military service who executed powers of attorney during the Vietnam era (as defined in section 101(29) of title 38, United States Code).”

81 Stat. 181.

72 Stat. 1231.

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The rate increases provided in Title I of this Act and the rate increases provided by the provisions of section 1787, title 38, United States Code (as added by section 316 of this Act) shall become effective October 1, 1972; except, for those veterans and eligible persons in training on the date of enactment, the effective date shall be the date of the commencement of the current enrollment period, but not earlier than September 1, 1972.

The provisions of title V of this Act shall become effective 90 days after the date of enactment of this Act.

The provisions of section 1786 of title 38, United States Code (as added by section 316 of this Act), which apply to programs of education exclusively by correspondence, shall, as to those wives and widows made eligible for such training by that section, become effective January 1, 1973, and, as to eligible veterans, shall apply only to those enrollment agreements which are entered into on or after January 1, 1973.

Notwithstanding the provisions of subsection (a) of this section, any enrollment agreement entered into by an eligible veteran prior to January 1, 1973, shall continue to be subject to the provisions of section 1682(c) of title 38, United States Code, prior to its repeal by section 303 of this Act.

The prepayment provisions of subsection (e) of section 1780 of title 38, United States Code (as added by section 201 of this Act), shall become effective on November 1, 1972.

The advance payment provisions of section 1780 of title 38, United States Code (as added by section 201 of this Act), shall become effective on August 1, 1973, or at such time prior thereto as the Administrator of Veterans’ Affairs shall specify m a certification filed with the Committees on Veterans’ Affairs of the Congress.

Notwithstanding the provisions of section 1712(b) of title 38, United States Code, a wife or widow (1) eligible to pursue a

82 Stat. 1333.

program of education exclusively by correspondence by virtue of the provisions of section 1786 of such title (as added by section 316 of this Act) or (2) entitled to receive the benefits of subsection (a) of section 1733 of this title (as added by section 313 of this Act), shall have eight years from the date of the enactment of this Act in which to complete such a program of education or receive such benefits.

Notwithstanding the provisions of section 1712(a) or 1712(b) of title 38, United States Code, an eligible person, as defined in section

72 Stat. 1194; 82 Stat. 1333.

84 Stat. 1575.

1701(a)(1) of such title, who is entitled to pursue a program of apprenticeship or other on-job training by virtue of the provisions of section 1787 of such title (as added by section 316 of this Act) shall have eight years from the date of the enactment of this Act in which to complete such a program of training, except that an eligible person defined in section 1701(a)(1)(A) of such title may not be afforded educational assistance beyond his thirty-first birthday.