item 1725 "Period of operation for approval", and item 1737 "Specialized vocational training courses".

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1780, 1787, 1788, 1790, 1792, 1793, 1794, 1795, 2013 of this title; title 20 section 1070a.

SUBCHAPTER I.-DEFINITIONS

§ 1701. Definitions.

(a) For the purposes of this chapter

(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.

(9) For the purposes of this chapter and chapter 36 of this title, 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 Government authorized to supervise such training.

(As amended Pub. L. 92-540, title III, § 309, Oct. 24, 1972, 86 Stat. 1083.)

AMENDMENTS

1972 Subsec. (a)(6). Pub. L. 92-540, § 309(1), added reference to correspondence school within the definition of the term "educational institution".

Subsec. (a) (9). Pub. L. 92-540, § 309 (2), added subsec. (a) (9).

TERMINATION OF ELIGIBILITY PERIOD Termination of eligibility period for a wife or widow, or an eligible person eight years from Oct. 24, 1972, see section 604 of Pub. L. 92-540, set out as a note under section 1712 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1786, 1787 of this title.

SUBCHAPTER II.-ELIGIBILITY AND

ENTITLEMENT

§ 1711. Duration of educational assistance.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1733 of this title.

§ 1712. Periods of eligibility.

(a) The educational assistance to which an eligible person (within the meaning of section 1701(a) (1) (A)) is entitled under section 1711 of this title or subchapter V of this chapter may be afforded him during the period beginning on his eighteenth birthday, or on the successful completion of his secondary schooling, whichever first occurs, and ending on his twenty-sixth birthday, except that—

(2) if he has a mental or physical handicap, and the Administrator determines that his best interests will be served by pursuing a program of special restorative training or a specialized course of vocational training approved under section 1736 of this title, such period may begin before his eighteenth birthday, but not before his fourteenth birthday;

(As amended Pub. L. 92-540, title IV, § 402(1), Oct. 24, 1972, 86 Stat. 1090.)

AMENDMENTS

1972-Subsec. (a)(2). Pub. L. 92-540 substituted reference to section 1736 of this title for reference to section 1737 of this title. TERMINATION OF ELIGIBILITY PERIOD For a Wife or WIDOW, OR AN ELIGIBLE PERSON

Section 604 of Pub. L. 92-540 provided that: "(a) Notwithstanding the provisions of section 1712(b) of title 38, United States Code [subsec. (b) of this section], a wife or widow (1) eligible to pursue a 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 [Oct. 24, 1972] in which to complete such a program of education or receive such benefits.

"(b) Notwithstanding the provisions of section 1712 (a) or 1712(b) of title 38, United States Code [subsec. (a) or (b) of this section], an eligible person, as defined in section 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 [Oct. 24, 1972] 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."

SUBCHAPTER III.-PROGRAM OF EDUCATION

§ 1720. Development of educational plan.

(a) Upon provisional approval of an application for educational assistance for a person eligible within the meaning of section 1701(a) (1) (A), the Administrator shall arrange for, and the eligible person shall take advantage of, educational or vocational counseling to assist the parent or guardian and the eligible person in selecting his educational, vocational, or professional objective and in developing his program of education. Such counseling shall not be required where the eligible person has been accepted for, or is pursuing, courses which lead to a standard college degree, at an approved institution. During, or after, such counseling, the parent or guardian shall prepare for the eligible person an educational plan which shall set forth the selected objective, the proposed program of education, a list of the educational institutions at which such program would be pursued, an esimate of the sum which would be required for tuition and fees in completion of such program, and such other information as the Administrator shall require. This educational plan shall be signed by the parent or guardian and shall become an integral part of the application for educational assistance under this chapter.

(As amended Pub. L. 92-540, title III, § 310, Oct. 24, 1972, 86 Stat. 1083.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-540 added provision exempting the eligible person from counseling where such person has been accepted for, or is pursuing, courses which lead to a standard college degree at an approved institution.

§ 1722. Repealed. Pub. L. 92-540, title IV, § 402(2), Oct. 24, 1972, 86 Stat. 1090.

Section, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1196, related to change of program by the eligible person. See section 1791 of this title.

§ 1723. Disapproval of enrollment in certain courses.

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

(d) The Administrator shall not approve the enrollment of an eligible person in any course which is to be pursued as a part of his regular secondary school education (except as provided in section 1733 of this title), but this subsection shall not prevent the enrollment of an eligible person in a course to be pursued below the college level if the Administrator finds that such person has ended his secondary school education (by completion or otherwise) and that such course is a specialized vocational course pursued for the purpose of qualifying in a bona fide vocational objective. (As amended Pub. L. 92-540, title III, § 311, Oct. 24, 1972, 86 Stat. 1083.)

AMENDMENTS

1972 Subsec. (c). Pub. L. 92-540, § 311(1), struck out prohibition on approval by the Administrator of the enrollment of an eligible person in any course of apprentice or other training on the job, added provision authorizing approval of correspondence courses as provided in section 1786 of this title, and substituted provision relating to approval by the Administrator of enrollment at an educational institution not located in a State or the Republic of the Philippines and provision authorizing the Administrator to deny or discontinue assistance, for provisions setting forth the criteria for approval by the Administrator of enrollment in a foreign educational institution in the case of any eligible person.

Subsec. (d). Pub. L. 92-540, § 311(2), added "(except as provided in section 1733 of this title)" following "regular secondary school education".

§ 1725. Repealed. Pub. L. 92-540, title IV, § 402(2), Oct. 24, 1972, 86 Stat. 1090.

Section, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1197, related to the period of operation for approval by the Administrator. See section 1789 of this title.

SUBCHAPTER IV.-PAYMENTS TO ELIGIBLE PERSONS

§ 1731. Educational assistance allowance.

(a) The Administrator shall, in accordance with the provisions of section 1780 of this title, pay to the parent or guardian of each eligible person who is pursuing a program of education under this chapter, and who applies therefor on behalf of such eligible person, an educational assistance allowance to meet, in part, the expenses of the eligible person's subsistence, tuition, fees, supplies, books, equipment, and other educational costs

(b) No educational assistance allowance shall be paid on behalf of an eligible person enrolled in a course in an educational institution which does not lead to a standard college degree for any period until the Administrator shall have received

(1) from the eligible person a certification as to his actual attendance during such period; and (2) from the educational institution, a certification, or an endorsement on the eligible person's certificate, that he was enrolled in and pursuing a course of education during such period. (As amended Pub. L. 92-540, title III, § 312, Oct. 24, 1972, 86 Stat. 1083.)

AMENDMENTS

1972-Subsec. (a). Pub. L. 92–540, § 312(1), added provision requiring the Administrator to pay in accordance with the provisions of section 1780 of this title.

Subsec. (b). Pub. L. 92-540, § 312 (2), (3), redesignated former subsec. (d) as (b). Former subsec. (b), which provided for the payment of the educational assistance allowance, pursuant to section 1732 of this title, to the eligible person only for a period of his enrollment as approved by the Administrator subject to certain limitations, was struck out.

Subsec. (c). Pub. L. 92-540, § 312(2), struck out subsec. (c), which authorized the Administrator, pursuant to regulations, to determine enrollment in, pursuit of, and attendance at, any program of education or course by an eligible person.

Subsec. (d). Pub. L. 92-540, § 312(3), redesignated former subsec. (d) as (b).

Subsec. (e). Pub. L. 92-540, § 312(2), struck out subsec. (e), which related to the prompt payment by the Administrator of the allowance to the eligible person.

§ 1732. Computation of educational assistance allow

ance.

(a) (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.

(2) The educational assistance allowance on behalf of an eligible person pursuing a program of education on less than a half-time basis shall be computed at the rate of (A) the established charges for tuition and fees which the institution requires other

individuals enrolled in the same program to pay, or (B) $220 per month for a full-time course, whichever is the lesser.

(b) The educational assistance allowance to be paid on behalf of an eligible person who is pursuing a full-time program of education which consists of institutional courses and alternate phases of training in a business or industrial establishment with the training in the business or industrial establishment being strictly supplemental to the institutional portion, shall be computed at the rate of $177 per month.

(As amended Pub. L. 92-540, title I, § 103(1)–(3), Oct. 24, 1972, 86 Stat. 1075, 1076.)

AMENDMENTS

1972 Subsec. (a)(1). Pub. L. 92-540 § 103(1), substituted "$220" for "8175" in cl. (A), "$165" for "$128" in cl. (B), and "$110" for "$81” in cl. (C).

Subsec. (a) (2). Pub. L. 92-540, § 103(2), substituted "$220" for "8175".

Subsec. (b). Pub. L. 92-540, § 103(3), substituted "$177" for "8141".

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-540 effective Oct. 1, 1972, except for those veterans and eligible persons in training on Oct. 24, 1972, see section 601 (a) of Pub. L. 92-540, set out as a note under section 1502 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1733, 1780 of this title.

§ 1733. Special assistance for the educationally disadvantaged.

(a) Any eligible wife or widow shall, without charge to any entitlement she may have under section 1711 of this title, be entitled to the benefits provided an eligible veteran under section 1691 (if pursued in a State) of this title and be paid an educational assistance allowance under the provisions of section 1732 (a) of this title.

(b) Any eligible person shall, without charge to any entitlement he may have under section 1711 of this title, be entitled to the benefits provided an eligible veteran under section 1692 of this title. (Added Pub. L. 92-540, title III, § 313, Oct. 24, 1972, 86 Stat. 1084.)

CODIFICATION

A prior section 1733, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1198, as amended by Pub. L. 91-219, title II, § 206(b), Mar. 26, 1970, 84 Stat. 82; Pub. L. 91-584, § 12, Dec. 24, 1970, 84 Stat. 1577, related to the measurement of courses. See section 1788 of this title.

TERMINATION OF ELIGIBILITY PERIOD Termination of eligibility period for a wife or widow, or an eligible person eight years from Oct. 24, 1972, see section 604 of Pub. L. 92-540, set out as a note under section 1712 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1723 of this title.

§ 1734. Apprenticeship or other on-job training; correspondence courses.

(a) Any eligible person shall be entitled to pursue, in a State, a program of apprenticeship or other onjob training and be paid a training assistance allowance as provided in section 1787 of this title.

eligible wife or widow shall be entitled ogram of education exclusively by cornd be paid an educational assistance

allowance as provided in section 1786 of this title. (Added Pub. L. 92-540, title III, § 313, Oct. 24, 1972, 86 Stat. 1084.)

CODIFICATION

A prior section 1734, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1199, as amended by Pub. L. 89-358, § 4(m), Mar. 3, 1966, 80 Stat. 25, related to the overcharging of eligible persons by educational institutions. See section 1790 of this title.

§ 1735. Approval of courses.

An eligible person shall receive the benefits of this chapter while enrolled in a course of education offered by an educational institution only if such course (1) is approved in accordance with the provisions of subchapter I of chapter 36 of this title, or (2) is approved for enrollment of the particular individual under the provisions of section 1736 of this title. (As amended Pub. L. 92-540, title IV, § 402 (4), Oct. 24, 1972, 86 Stat. 1090.)

AMENDMENTS

1972-Pub. L. 92-540 substituted reference to section 1736 of this title for reference to section 1737 of this title. § 1736. Specialized vocational training courses.

The Administrator may approve a specialized course of vocational training leading to a predetermined vocational objective for the enrollment of an eligible person under this subchapter if he finds that such course, either alone or when combined with other courses, constitutes a program of education which is suitable for that person and is required because of a mental or physical handicap. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1199, § 1737, formerly § 1736, amended Pub. L. 88-126, § 4, Sept. 23, 1963, 77 Stat. 162, and renumbered Pub. L. 92-540, title IV, § 402(3), Oct. 24, 1972, 86 Stat. 1090.)

CODIFICATION

A prior section 1736, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1199; Pub. L. 88-126, § 3, Sept. 23, 1963, 77 Stat. 162; Pub. L. 89-358, § 4(o), Mar. 3, 1966, 80 Stat. 25, which related to discontinuance of the educational assistance allowance by the Administrator, was repealed by Pub. L. 92-540, title IV, § 402(2), Oct. 24, 1972, 86 Stat. 1090. See section 1790 (b) of this title.

AMENDMENTS

1963-Pub. L. 88-126 deleted "Notwithstanding the provisions of subsections (b) and (c) of section 1735 of this title" preceding "The Administrator may approve." SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1712, 1735, 1772 of this title.

1737. Specialized vocational training courses. Section redesignated section 1736 by Pub. L. 92-540, title IV, § 402 (3), Oct. 24, 1972, 86 Stat. 1090.

SUBCHAPTER V.-SPECIAL RESTORATIVE TRAINING

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 1772 of this title.

§ 1742. Special training allowance.

(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

1972-Pub. L. 92-540, title IV, § 406, Oct. 24, 1972, 86 Stat. 1091, redesignated former items 1788 to 1791 as items 1792 to 1795, added 1780 and 1788 to 1791, and substituted in item 1786 items "Correspondence courses" for "Examination of records" and in item 1787 "Apprenticeship or other on-job training" for "False or misleading statements".

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1502, 1661, 1673, 1683, 1701, 1781, 1784, 1795, 2013 of this title.

SUBCHAPTER I.-STATE APPROVING
AGENCIES

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1683, 1734 of this title.

§ 1770. Scope of approval.

(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. (As amended Pub. L. 92-540, title IV, § 403 (1). Oct. 24, 1972. 86 Stat. 1090.)

AMENDMENTS

1972 Subsec. (b). Pub. L. 92-540 substituted reference to section 1683 of this title for reference to section 1686 of this title.

§ 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 his State for the purposes of this chapter and chapters 34 and 35 of this title.

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(As amended Pub. L. 92-540, title IV, § 403(2), Oct. 24, 1972, 86 Stat. 1090.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-540 added reference to this chapter.

§ 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. (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.

(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. (As amended Pub. L. 92-540, title IV, § 403(3)-(5), Oct. 24, 1972, 86 Stat. 1090.) AMENDMENTS

1972 Subsec. (a). Pub. L. 92-540, § 403 (3), (4), added references to this chapter wherever appearing therein and substituted reference to section 1736 of this title for reference to section 1737 of this title.

Subsec. (b). Pub. L. 92-540, § 403 (3), added reference to this chapter.

Subsec. (c). Pub. L. 92-540, § 403(5), substituted reference to section 1787(a)(1) of this title for reference to section 1683 (a)(1) of this title.

§ 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.

§ 1774. Reimbursement of expenses.

(a) The Administrator is authorized to enter into contracts or agreements with State and local agencies to pay such State and local agencies for reasonable and necessary expenses of salary and travel incurred by employees of such agencies and an allowance for administrative expenses in accordance with the formula contained in subsection (b) of this section in (1) rendering necessary services in ascertaining the qualifications of educational institutions for furnishing courses of education to eligible persons or veterans under this chapter and chapters 34 and 35, and in the supervision of such educational institutions, and (2) furnishing, at the request of the Administrator, any other services in connection with chapters 34 and 35. Each such contract or agreement shall be conditioned upon compliance with the standards and provisions of chapters 34 and 35.

(b) The allowance for administrative expenses incurred pursuant to subsection (a) of this section

(b) The training establishment offering training which is desired to be approved for the purposes of this chapter must submit to the appropriate State approving agency a written application for approval which, in addition to furnishing such information as is required by the State approving agency, contains a certification that—

(1) the wages to be paid the eligible veteran or person (A) upon entrance into training, are not less than wages paid nonveterans in the same training position and are at least 50 per centum of the wages paid for the job for which he is to be trained, and (B) such wages will be increased in regular periodic increments until, not later than the last full month of the training period, they will be at least 85 per centum of the wages paid for the job for which such eligible veteran or person is being trained; and

(2) there is reasonable certainty that the job for which the eligible veteran or person is to be trained will be available to him at the end of the training period.

(c) As a condition for approving a program of training on the job (other than a program of apprenticeship) the State approving agency must find upon investigation that the following criteria are met:

(1) The training content of the course is adequate to qualify the eligible veteran or person for appointment to the job for which he is to be trained.

(2) The job customarily requires full-time training for a period of not less than six months and not more than two years.