An Act to amend title 38, United States Code to increase the rates of vocational rehabilitation, educational assistance and special training allowance paid to eligible veterans and persons, to make improvements in the educational assistance programs, and for other purposes.
PL 95-202 (H.R.8701), enacted 11/23/1977

PUBLIC LAW 95-202—NOV. 23, 1977 
91 STAT. 1433 
Public Law 95-202 
95th Congress 
An Act 
To amend title 38, United States Code, to increase the rates of vocational re-
habilitation, educational assistance, and special training allowance paid to 
eligible veterans and persons, to make improvements in the educational assist-
ance programs, and for other purposes. 
Nov. 23, 1977 
[H.R. 8701] ' 
Be it enacted hy the Seimte and House of Representatives 
of the 
United States of America 
in Congress assembled, That this Act may 
GI Bill 
be cited as the "GI Bill Improvement Act of 1977". 
^'?P^°JL^™^'** ^'* 
TITLE I - G I BILL RATE INCREASES 
^^ ^^^ ^^^ °*'*'" 
VOCATION'AL REHABILITATION 
SEC. 101. The table contained in section 1504(b) of title 38, United 
States Code, is amended to read as follows: 
"Column I 
Type of training 
Institutional: 
Full-time. 
Three-quarter-
time 
Half-time _ 
Farm cooperative, 
apprentice, or 
other on-job 
training: 
Full-time 
Column 
II 
No de-
pend-
ents 
$241 
181 
120 
210 
Column 
III 
One de-
pend-
ent 
$298 
224 
149 
254 
Column 
IV 
Two de-
pend-
ents 
$351 
263 
176 
293 
Column V 
More than two 
dependents 
The amount in 
column IV, 
plus the fol-
lowing for 
each de-
pendent in 
excess of two: 
$26 
19 
13 
19". 
VETERANS EDUCATIONAL ASSISTANCE 
SEC. 102. Chapter 34 of title 38, United States Code, is amended by— 
Flight training. 
(1) striking out in the last sentence of section 1677(b) "$270" 
38 USC 1677. 
and inserting in lieu thereof "$288"; 
91 STAT. 1434 
PUBLIC LAW 95-202—NOV. 23, 1977 
Computation. 
(2) amending the table contained in paragraph (1) of section 
38 use 1682. 
1682(a) to read as follows: 
Educationally 
disadvantaged. 
38 use 1692. 
38 use 1696. 
38 use 1732. 
"Column I 
Type of Program 
Institutional: 
Full-time 
_ 
Three-quarter-
time 
Half-time 
Cooperative 
Column 
II 
No de-
pend-
ents 
•: 
€ ' 
• 
$311 
233 
156 
251 
Column 
III 
One de-
pend-
ent 
$370 
277 
185 
294 
Column 
IV 
Two de-
pend-
ents 
$422 
317 
211 
334 
Column V 
More than two 
dependents 
The amount in 
column IV, 
plus the fol-
lowing for 
each de-
pendent in 
excess of two: 
$26 
19 
13 
19"; 
(3) striking out in section 1682(b) "$292" and inserting in lieu 
thereof "$311"; 
(4) amending the table contained in paragraph (2) of sec-
tion 1682 (c) to read as follows: 
"Column I 
Basis 
Full-time 
Three-quarter-time 
Half-time 
Column 
II 
No de-
pend-
ents 
$251 
188 
126 
Column 
III 
One de-
pend-
ent 
$294 
221 
147 
Column 
IV 
Two de-
pend-
ents 
$334 
251 
167 
Column V 
More than two 
dependents 
The amount in 
column IV, 
plus the fol-
lowing for 
each de-
pendent in 
excess of two: 
$19 
15 
10"; 
by-
(5) striking out in section 1692(b) "$65" and "$780" and insert-
ing in lieu thereof "$69" and "$828", respectively; and 
(6) striking out in section 1696(b) "$292" and inserting in lieu 
thereof "$311". 
SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE 
SEC. 103. Chapter 35 of title 38, United States Code, is amended 
(1) striking out in section 1732(b) "$235" and inserting in lieu 
thereof "$251": and 
PUBLIC LAW 95-202—NOV. 23, 1977 
91 STAT. 1435 
(2) striking out in section 1742(a) "$292", "$92", "$92", and 38 USC 1742. 
"$9.76" and inserting in lieu thereof "$311", "$98", "$98", and 
"$10.40", respectively. 
CORRESPONDENCE COURSES, ON-JOB TRAINING, AND EDUCATION LOANS 
SEC. 104. Chapter 36 of title 38, United States Code, is amended 
by— 
(1) striking out in section 1786(a) (2) "$292" and inserting in 38 U
S
C 1786. 
lieu thereof "$311"; 
(2) amending the table contained in paragraph (1) of section 
1787 (b) to read as follows: 
38 U
S
C 1787. 
"Column I 
Periods of training 
First 6 months 
Second 6 months-
Third 6 months. 
_ _ 
Fourth and any suc-
ceeding 
6-month 
periods 
Column 
II 
No de-
pend-
ents 
$226 
169 
113 
56 
Column 
III 
One de-
pend-
ent 
$254 
197 
141 
84 
Column 
IV 
Two de-
pend-
ents 
$277 
221 
164 
108 
Column V 
More than two 
dependents 
The amount in 
column IV, 
plus the fol-
lowing for 
each de-
pendent in 
excess of two: 
$12 
12 
12 
12"; 
and 
(3) striking out in paragraph (3) of section 1798(b) 
and inserting in lieu thereof "$311". 
38 USC 1798. 
• 
VETERAN-STUDENT SERVICES 
SEC 105. Subsection (a) of section 1685 of title 38, United States 
Code, is amended by— 
(1) striking out in the second sentence "in the amount of $625" 
and inserting in lieu thereof "in an amount equal to either the 
amount of the hourly minimum wage in effect under section 6(a) 
of the Fair Labor Standards Act of 1938 times two hundred and Ante, p. 1245. 
fifty or $625, whichever is the higher,"; and 
(2) striking out the third and fourth sentences and inserting in 
lieu thereof the following: "An agreement may be entered into 
for the performance of services for periods of less than two hun-
dred and fifty hours. The amount of the work-study allowance 
to be paid under any such agreement shall be determined by 
multiplying the number of hours of work performed by the vet-
eran-student under such agreement times either the hourly mini-
mum wage in effect under section 6(a) of the Fair" Labor 
Standards Act of 1938 during the period the work is to be per-
formed or $2.50, whichever is the higher. A veteran-student shall 
be paid in advance an amount equal to 40 per centum of the total 
91 STAT. 1436 
PUBLIC LAW 95-202—NOV. 23, 1977 
amount of the work-study allowance agreed to be paid under the 
agreement in return for the veteran-student's agreement to per-
form the number of hours of work specified in the agreement.". 
T I T L E I I — A C C E L E R A T E D P A Y M E N T A N D 
D E L I M I T I N G P E R I O D E X T E N S I O N 
ACCELERATED PAYMENT 
SEC. 201. (a) Chapter 34 of title 38, United States Code, is amended 
by inserting after section 1682 the following new section: 
38 use 1682A. 
«§ 1682A. 
Accelerated payment of educational assistance allow-
ances 
"(a) The Administrator, in accordance with the provisions of this 
Post, p. 1438. 
section and section 1798(f) of this title and regulations which the 
Administrator shall prescribe under such sections, shall accelerate 
the payment of educational assistance allowances (hereinafter in this 
section referred to as 'accelerated payment') to an eligible veteran 
who makes application and is eligible therefor and proportionally 
reduce the educational entitlement of such veteran under section 1661 
38 use 1661. 
of this title. 
Eligibility 
"(b) An eligible veteran who makes application for accelerated 
requirements. 
payment shall be eligible for such payment in connection with each 
Application. 
school term for which such veteran applies for such accelerated pay-
ment only if— 
"(1) such veteran was enrolled as a full-time student during 
such school term; 
"(2) such veteran was entitled to an educational assistance 
38 use 1661. 
allowance under section 1661 during such school term; 
"(3) such veteran has received, after the date of enactment of 
this section, a loan for such school term pursuant to section 1798 
Post, p. 1437. 
of this title; 
" (4) the combined amount of tuition and fees of the educational 
. 
institution in which such veteran was enrolled was in excess of 
$700 for such school term; 
"(5) the educational institution in which such veteran was 
enrolled has certified to the Administrator that such veteran has 
satisfactorily completed the program of education and attained 
the predetermined and identified educational, professional, or 
vocational objective which such veteran has been pursuing and has 
on such basis been awarded by such institution the appropriate 
educational degree, diploma, or certificate signifying such com-
pletion and attainment; 
"(6) such application was filed with the Administrator within 
180 days after the date (A) on which the degree, diploma, or cer-
tificate described in clause (5) of this subsection has been 
awarded to such veteran, or (B) on which the appropriate State 
or local governmental unit establishes a program described in 
clause (8) of this subsection, whichever date is the later; 
"(7) the educational institution in which such veteran was 
enrolled has certified for such school term that 35 per centum or 
less (or such other per centum as the Administrator prescribes 
Post, p. 1443. 
, ; pursuant to section 1673(d) of this title) of the total number of 
i s students enrolled in such institution (computed separately for the 
fi main campus and any branch or extension of such institution 
pursuant to regulations prescribed by the Administrator under 
section 1673(d) of this title) were students receiving educational 
PUBLIC LAW 95-202—NOV. 23, 1977 
91 STAT. 1437 
assistance benefits under this chapter or chapter 31, 32, 35, or 
36 of this title; and 
"(8) the State (or local governmental unit with jurisdiction 
over the geographical area, or both such State and such unit) in 
which is located the educational institution in which such veteran 
was enrolled pays to the Veterans' Administration (for deposit in 
the Veterans' Administration Education Loan Fund established 
by section 1799 of this title) on such veteran's behalf an amount 
not more than the amount of accelerated payment which the 
Administrator is authorized to make on behalf of such veteran 
under this section, pursuant to a program established, within five 
years after the date of enactment of this section, by such State 
(or unit or both) to match the maximum or a lesser amount of the 
accelerated payment which the Administrator is authorized 
to make to any eligible veteran under this section, except that 
such State (or unit) may limit such program to veterans who are 
bona fide residents of such State (or unit). 
"(c) Accelerated payments made under this section by the Admin-
istrator and matching amounts paid to the Administrator by a State 
or local governmental unit, as described in subsection (b) (8) of this 
section, shall constitute a collection of principal on loans made under 
subchapter III of chapter 36 of this title and shall be deposited in the 
Veterans' Administration Education Loan Fund established by sec-
tion 1799 of this title. The Administrator shall promptly notify each 
veteran on whose behalf such a principal collection and deposit has 
been made of the amount by which such collection and deposit reduces 
the principal repayment obligation of such veteran. 
"(d) In no event may the amount of accelerated payment made by 
the Administrator in connection with any school term exceed (1) an 
amount equal to the educational assistance allowance to which such 
veteran was otherwise entitled under section 1682 of this title for such 
school term, (2) an amount equal to 33l^ per centum of the amount 
by which the expenses of tuition and fees are in excess of $700 for 
such school term, (3) an amount equal to 331/^ per centum of the 
amount by which the amount of the outstanding obligation of such 
veteran under any loan made pursuant to section 1798 of this title 
is in excess of $700, or (4) the amount which the State (or local gov-
ernmental unit or both) concerned pays to the Administrator to match 
the accelerated payment to be made by the Administrator on behalf 
of such veteran, whichever is the least amount. 
"(e) As used in this section, the term 'school term' means— 
"(1) in the case of an institution of higher learning operating 
on a quarter system, three such consecutive quarters; 
"(2) in the case of an institution of higher learning operating 
on a semester system, two such consecutive semesters; or 
"(3) in the case of an educational institution not an institution 
of higher learning, or, in the case of an institution of higher learn-
ing not operating on a quarter or semester system, any time divi-
sion, approved by the Administrator, of a program of education 
within which segments of the program are completed.", 
(b) Chapter 35 of title 38, United States Code, is amended by in-
serting after section 1737 the following new section: 
"§1738. Accelerated payment of educational assistance allow-
ances 
"An eligible person shall be entitled to an accelerated payment of 
educational assistance allowances pursuant to the provisions of section 
1682A of this title.". 
38 u s e 1501, 
1601, 1700, 
1770. 
State or local 
government 
payment. 
38 use 1799. 
Loan principal 
collection. 
Deposits, VA 
Educational Loan 
Fund. 
38 u s e 1798. 
Notice. 
Accelerated 
payments, 
limitation. 
Ante, p. 1434. 
Post, p. 1438. 
"School term. 
38 u s e 1738. 
Ante, p. 1436. 
91 STAT. 1438 
PUBLIC LAW 95-202—NOV. 23, 1977 
38 u s e prec. 
1651. 
38 u s e prec. 
1700. 
Notice. 
Publication in 
Federal Register. 
38 u s e 1682A 
note. 
eertain prorated 
payments, 1978. 
38 u s e 1682A 
note. 
Waiver. 
Ante, p. 1436. 
(c) (1) The table of sections at the beginning of chapter 34 of such 
title is amended by inserting 
"1682A, Accelerated payment of educational assistance allowances." 
below 
"1682. Computation of educational assistance allowances.". 
(2) The table of sections at the beginning of chapter 35 of such title 
is amended by inserting 
"1738. Accelerated payment of educational assistance allowances." 
below 
"1737. Education loans.". 
(d) The Administrator of Veterans' Affairs, not later than 60 
days after the date of enactment of this Act, shall notify each appro-
priate educational institution that accelerated payments (as provided 
for in subsection (a) of this section) may be available for certain 
students enrolled at such institutions, specifying the full conditions 
and procedures governing such payments, and, not later than 90 days 
after such date of enactment, shall publish in the Federal Register, 
and notify each State of, the rules and regulations governing the 
accelerated payment program. 
(e) Notwithstanding the provisions of section 1682A or section 1738 
of title 38, United States Code, as added by subsections (a) and (b) of 
this section, eligible veterans and eligible persons entitled thereunder 
shall, in connection with a semester or two consecutive quarters begin-
ning after January 1, 1978, and ending prior to August 1, 1978, be 
entitled to accelerated payment of educational assistance allowances 
upon application therefor, but the amounts of such accelerated pay-
ment which may be made in connection with any such semester or quar-
ters, the number of months by which such veteran's or person's 
entitleinent shall be reduced, and any quantifiable eligibility criteria 
shall be appropriately prorated by the Administrator of Veterans' 
Affairs. 
EDUCATION LOAN ELIGIBILITY 
by-
SEC. 202. Section 1798 of title 38, United States Code, is amended 
(1) striking out in subsection (b) (3) "$1,500" and inserting in 
lieu thereof "$2,500"; 
(2) amending subsection (c) by— 
(A) striking out the semicolon at the end of clause (1) and 
inserting in lieu thereof a comma and "except that the Admin-
istrator may waive the requirements of subclause (B) of this 
clause, in whole or in part, if the Administrator determines, 
pursuant to regulations which the Administrator shall pre-
scribe, it to be in the interest of the eligible veteran and the 
Federal Government; and"; and 
(B) striking out clause (2) and redesignating clause (3) 
as clause (2); 
(3) inserting in subsection (e) (3) a comma and "separately 
with respect to loans made under this section the repayment of 
which is accelerated under section 1682A of this title and 
loans made under this section the repayment of which is not so 
accelerated" after "institutions": and 
PUBLIC LAW 95-202—NOV. 23, 1977 
91 STAT. 1439 
(4) inserting at the end thereof the following new subsection: 
" (f) (1) At the time of application by any eligible veteran for a loan 
under this section, such veteran shall assign to the benefit of the Veter-
ans' Administration (for deposit in the Veterans' Administration Edu-
cation Loan Fund established under section 1799 of this title) the 
amount of any accelerated payment to which such eligible veteran may 
become entitled from the Administrator and any matching contribu-
tion by a State or local governmental unit pursuant to section 
1682A(b) (8) of this title in connection with the school term for which 
such veteran has applied. 
"(2) Payment of a loan made under this section shall be drawn in 
favor of the eligible veteran and mailed promptly to the educational 
institution in which such veteran is enrolled. Such institution shall 
deliver such payment to the eligible veteran as soon as practicable 
after receipt thereof. Upon delivery of such payment to the eligible 
veteran, such educational institution shall promptly submit to the 
Administrator a certification, on such form as the Administrator shall 
prescribe, of such delivery, and such delivery shall be deemed to be an 
advance payment under section 1780(d) (5) of this title for purposes 
of section 1784(b) of this title. 
"(3) For purposes of this subsection, the term 'eligible veteran' 
includes eligible person as such term is defined in section 1701(1) of 
this title.". 
DELIMITING PERIOD EXTENSION 
SEC. 203. (a)(1) Section 1662 of title 38, United States Code, 
is amended by striking out the period at the end of subsection (a) 
and inserting in lieu thereof a semicolon and "except that, in the case 
of any eligible veteran who was prevented from initiating or complet-
ing such veteran's chosen program of education within such time 
period because of a physical or mental disability which was not the 
result of such veteran's own willful misconduct, such veteran shall, 
upon application, be granted an extension of the applicable delimit-
ing period for such length of time as the Administrator determines, 
from the evidence, that such veteran was prevented from initiating or 
completing such program of education.". 
(2) Section 1712(b) of title 38, United States Code, is amended 
by— 
(A) inserting "(1)" after "(b)", 
(B) redesignating clauses (1) and (2) as clauses (A) and (B), 
and 
(C) adding at the end thereof the following new paragraph: 
"(2) Notwithstanding the provisions of paragraph (1) of this sub-
section, in the case of any eligible person (as defined in section 
1701(a)(1)(B), (C), or (D) of this chapter) who was prevented 
from initiating or completing such person's chosen program of educa-
tion within such period because of a physical or mental disability 
which was not the result of such person's own willfull misconduct, 
such person shall, upon application, be granted an extension of the 
applicable delimiting period for such length of time as the Adminis-
trator determines, from the evidence, that such person was prevented 
from initiating or completing such program of education.". 
(b) (1) Section 1662(a) of title 38, United States Code, is further 
amended by inserting "(1)" after "(a)" and inserting at the end 
thereof the following new paragraph: 
"(2) (A) Notwithstanding the provisions of paragraph (1) of this 
subsection, any veteran shall be permitted to use any of such veteran's 
Accelerated 
payments, 
assignment for 
benefit of VA, 
Ante, p. 1437. 
Loan payment 
delivery. 
Delivery 
certification. 
38 u s e 1780. 
Post, p. 1442. 
"Eligible veteran. 
38 u s e 1701. 
Eligibles with 
physical or 
mental disability. 
38 u s e 1701. 
eertain full-time 
students, 
completion 
period, extension. 
29-194 0 - 80 -
91 STAT. 1440 
PUBLIC LAW 95-202—NOV. 23, 1977 
38 
use 
1661. 
38 
use 
1798. 
Delimiting period 
extension, 
duration. 
38 u s e 1770 et 
seq. 
Ante, p. 1439. 
unused entitlement under section 1661 of this title for the purposes of 
eligibility for an education loan, pui-suant to the provisions of sub-
chapter III of chapter 36 of this title, after the delimiting date other-
wise applicable to such veteran under such paragraph (1), if such 
veteran was pursuing an approved program of education on a full-time 
basis at the time of the expiration of such veteran's eligibility. 
"(B) Notwithstanding any other provision of this chapter or chap-
ter 36 of this title, any veteran whose delimiting period is extended 
under subparagraph (A) of this paragraph may continue to use any 
unused loan entitlement imder this paragraph as long as the veteran 
continues to be enrolled on a full-time basis in pursuit of the approved 
program of education in which such veteran was enrolled at the time 
of expiration of such veteran's eligibility (i) until such entitlement is 
exhausted, (ii) until the expiration of two years after the date of 
enactment of this paragraph or the date of the expiration of the 
delimiting date otherwise applicable to such veteran under paragraph 
(1) of this subsection, whichever is later, or (iii) until such veteran 
has completed the approved program of education in which such 
veteran was enrolled at the end of the delimiting period referred 
to in paragraph (1) of this subsection, whichever occurs first.". 
(2) Section 1712 of title 38, United States Code, is amended by 
redesignating subsection (f) as subsection (g) and inserting after 
subsection (e) the following new subsection: 
"(f) Any eligible person (as defined in section 1701(a)(1) (B), 
(C), or (D) of this chapter) shall be entitled to an additional period 
of eligibility for an education loan under subchapter III of chapter 36 
of this title beyond the maximum period provided for in this section 
pursuant to the same terms and conditions set forth with respect to an 
eligible veteran in section 1662 (a)(2) of this title.". 
TITLE III—OTHER EDUCATION AND TRAINING 
AMENDMENTS 
Rules, 
regulations, 
guidelines, 
interpretations, 
or orders. 
CITATION o r AUTHORITY 
SEC. 301. Section 210(c)(1) of title 38, United States Code, is 
amended by inserting at the end thereof the following new sentence: 
"Any rules, regulations, guidelines, or other published interpreta-
tions or orders, or any amendment thereto, issued pursuant to the 
authority granted by this subsection or any other provision of this 
title shall contain, immediately following each substantive provision 
of such rules, regulations, guidelines, or other published interpreta-
tions or orders, or any amendment thereto, citations to the particular 
section or sections of statutory law or other legal authority upon which 
such rule, regulation, guideline, or other published interpretation or 
order is based or, in the case of any amendment thereto, upon which 
such amendment and the rule, regulation, guideline, interpretation or 
order being amended is based.". 
,,:.^:^ 
COUNSELING SERVICES AND PRE-DISCHARGE 
EDUCATION 
PROGRAM REPORT ELIMINATION 
SEC. 302. (a) Section 1663 of title 38, United States Code, is 
amended by— 
(1) striking out the first sentence and inserting in lieu thereof 
"The Administrator shall make available to any eligible veteran, 
upon such veteran's request, counseling services, including such 
educational and vocational counseling and guidance, testing, and 
PUBLIC LAW 95-202—NOV. 23, 1977 
91 STAT. 1441 
other assistance as the Administrator deems necessary to aid such 
veteran in selecting (1) an educational or training objective and 
an educational institution or training establishment appropriate 
for the attainment of such objective, or (2) an employment 
objective that would be likely to provide such veteran with 
satisfactory employment opportunities in light of such veteran's 
personal circumstances."; and 
(2) inserting at the end thereof the following new sentence: 
"The Administrator shall take appropriate steps (injchiding 
individual notification where feasible) to acquaint all eligible 
veterans with the availability and advantages of such counseling 
services.". 
(b) Section 1698(b) of title 38, United States Code, is amended by 
striking out "and periodically thereafter submits progress reports with 
respect to the implementation of such plan," after "report),". 
STATE APPROVING AGENCY REIMBURSEMENT AND REPORT 
SEC. 303. Section 1774 of title 38, United States Code, is amended 
by— 
(1) amending subsection (b) to read as follows: 
Administrative 
"(b) The allowance for administrative expenses incurred pursuant 
expenses. 
to subsection (a) of this section shall be paid in accordance with the 
following formula: 
"Total salary cost reimbursable 
Allowable for administrative expense 
under this section 
$5,000 or less 
$630. 
Over $5,000 but not exceeding 
$10,000 
$1,134. 
Over $10,000 but not exceeding 
$35,000 
$1,134 for the first $10,000 plus $1,050 
for each additional $5,000 or fraction 
thereof. 
Over $35,000 but not exceeding 
$40,000 
$6,862. 
Over $40,000 but not exceeding 
$75,000 
$6,862 for the first $40,000 plus $908 for 
each additional $5,000 or fraction 
thereof. 
Over $75,000 but not exceeding 
$80,000 
$13,608. 
Over $80,000 
$13,608 for the first $80,000 plus $793 
for each additional $5,000 or fraction 
thereof."; 
and 
(2) inserting at the end thereof the following new subsection: 
"(c) Each State and local agency with which the Administrator 
contracts or enters into an agreement under subsection (a) of this sec-
tion shall report to the Administrator on September 30,1978, and peri-
odically, but not less often than annually, thereafter, as determined by 
the Administrator, on the activities in the preceding twelve months (or 
the period which has elapsed since the last report under this subsection 
, _.. 
was submitted) carried out under such contract or agreement. Each 
such report shall describe, in such detail as the Administrator shall pre-
scribe, services performed and determinations made in connection with 
ascertaining the qualifications of educational institutions in connection 
with this chapter and chapters 32, 34, and 35 of this title and in 
38 USC 1601, 
supervising such institutions. 
1651, 1700. 
Contracts or 
agreements. 
Report to 
Administrator. 
91 STAT. 1442 
PUBLIC LAW 95-202—NOV. 23, 1977 
38 u s e 1784. 
Infra. 
38 u s e 1785. 
Supra. 
38 u s e 1788. 
Study. 
38 use 1792 
note. 
38 u s e 1651, 
1770. 
Report to 
President and 
eongress. 
Appropriation 
authorization. 
REPORTING FEES, INSTITUTIONAL ATTENDANCE REQUIREMENTS, 
AND VOCATIONAL COURSE MEASUREMENT 
SEC. 304. (a) Chapter 36 of title 38, United States Code, is amended 
b y -
(1) amending section 1784(b) by— 
(A) strildng out "$5" and "$6" in the second sentence and 
inserting in lieu thereof "$7" and "$11", respectively; and 
(B) inserting at the end thereof the following new sen-
tence: "No reporting fee payable to an educational institu-
tion under this subsection shall be subject to offset by the 
Administrator against any liability of such institution for 
any overpayment for which such institution may be admin-
istratively determined to be liable under section 1785 of this 
.; , 
title unless such liability is not contested by such institution 
or has been upheld by a final decree of a court of appropriate 
jurisdiction."; 
(2) amending section 1785 by— 
(A) inserting in the first sentence a comma and "except as 
• 
otherwise provided in section 1784(b) of this title," after 
"recovered"; and 
(B) inserting at the end thereof the following new sen-
tence : "Nothing in this section or any other provision of this 
title shall be construed as requiring any institution of higher 
learning to maintain daily attendance records for any course 
leading to a standard college degree."; and 
(3) amending section 1788(a) by— 
(A) inserting in clause (1) "and not more than 5 hours 
of supervised study" after "two and one-half hours of rest 
periods"; 
, .,, 
(B) striking out in clause (1) "27" and inserting in lieu 
;'',,. 
thereof "22"; 
(C) inserting in clause (2) "and not more than 5 hours 
of supervised study" after "net of instruction" the first time 
it appears: and 
(D) striking out in clause (2) "22" and inserting in lieu 
thereof "18". 
(b) (1) The Administrator of Veterans' Affairs, in consultation with 
the Advisory Committee formed pursuant to section 1792 of title 38, 
United States Code, shall provide for the conduct of an independent 
study of the operation of the programs of educational assistance car-
ried out under chapters 34 and 36 of title 38, United States Code. Such 
study shall include a detailed examination and analysis of the extent 
to which eligible veterans 
(A) 
have utilized their 
entitlements 
(broken down by State, type of program, and post-Korean-Conflict-
pre-Vietnam-era and Vietnam-era service periods), including the 
extent to which they have successfully completed their programs of 
education or attained their educational or vocational objectives; and 
(B) have readjusted successfully to civilian life in terms of employ-
ment achievement and satisfaction and family and other interpersonal 
relationships. A report of such study shall be submitted to the Presi-
dent and the Congress not later than September 30, 1979. 
(2) For the purposes of carrying out paragraph (1) of this sub-
section, there are authorized to be appropriated $2,000,000. 
OPERATION PERIOD WAIVER, EDUCATIONAL INSTITUTION AND 
ADMINISTRATIVE PROCEDURES 
SEC. 305. (a) (1) Section 1789 of title 38, United States Code, is 
amended by— 
PUBLIC LAW 95-202—NOV. 23, 1977 
91 STAT. 1443 
(A) insci-tiii^r at the end of subsection (b) iininediately below 
clause ((>) the following new sentence: 
"The Administrator may waive the requirements of clause (6) of this 
subsection, in whole or in part, if the Administrator determines, pur-
suant to regulations which the Administi-ator shall prescribe, it to be 
in the interest of tlie eligible veteran and the Federal Government"; 
and 
(B) adding at the end of subsection (c) the folloAving new 
sentence: "The Administrator may waive tlie requirements of 
this subsection, in whole or in part, if the Administrator deter-
mines, pursuant to regulations which the Administrator shall 
prescribe, it to be in the interest of the eligible veteran and the 
Federal Government.". 
(2) Section 1673(d) of title 38, United States Code, is amended 
b y -
(A) inserting in the second sentence a comma and "pursuant 
to regulations which the Administrator shall prescribe," after 
"determines"; and 
(B) inserting at the end thereof the following new sentences: 
"The provisions of this subsection shall not apply to any course 
offered by an educational institution if the total number of vet-
erans and persons receiving assistance under this chapter or 
chapter 31, 32, 35, or 36 of this title who are enrolled in such 
institution ecjuals 35 per centum or less, or such other per centum 
as the Administrator prescribes in regulations, of the total student 
enrollment at such institution (computed separately for the main 
campus and any branch or extension of such institution), except 
that the Administrator may apply the provisions of this subsec-
tion with respect to any course in which the Administrator has 
reason to believe that the enrollment of such veterans and per-
sons may be in excess of 85 per centum of the total student enroll-
ment in such course.". 
(3) The Administrator of Veterans' Affairs, in consultation with 
other appropriate departments and agencies, shall conduct a study to 
examine the need for computing, under section 1673(d) of title 38, 
United States Code, the percentage of those students enrolled in courses 
at educational institutions who are in receipt of grants from any Fed-
eral department or agency, and the problems of such institutions in 
making such latter computations, and shall, not later than Septem-
ber 30, 1978, submit a report to the Congress indicating whether such 
computations are needed and prescribing in detail an adequate system 
for making ^uch computations. Until the expiration of six months 
after the date of submission of such report and until such time as the 
Administrator shall determine, based on such report, that there is an 
adequate and feasible system for making such computations and that 
it is desirable and necessary to make such computations, the Admin-
istrator shall not apply the provisions contained in section 1673(d) of 
title 38, United States Code, requiring educational institutions in 
determining compliance with such subsection to compute the numbers 
of students in receipt of Federal grants other than from the Veterans' 
Administration. 
(b) (1) Sections 1674 and 1724 of title 38, United States Code, are 
amended by inserting a comma and "or within such other length of 
time (exceeding such approved length) as the Administrator deter-
mines to be reasonable in accordance with regulations" before the 
period at tlie end of the second sentence in each section. 
(2) The Administrator of Veterans' Affairs, in consultation with 
appropriate bodies, officials, persons, departments, and agencies, shall 
Waiver. 
38 use 1789. 
Waiver. 
Enrollment in 
certain courses, 
disapproval. 
Regulations. 
38 u s e 1501, 
1601, 1700, 
1770. 
Study. 
Report to 
eongress. 
38 use 1673 
note. 
Supra. 
Study. 
38 use 1674 
note. 
91 STAT. 1444 
PUBLIC LAW 95-202—NOV. 23, 1977 
38 u s e 1601, 
1651, 1700, 
1770. 
Report to 
President and 
Congress. 
Legislative 
recommenda-
tions. 
Appropriation 
authorization. 
Amendments, 
suspension of 
implementation. 
38 u s e 1776. 
Undue hardship, 
relief. 
38 use 3101 
note. 
38 use 1695. 
conduct a study to investigate (A) specific methods of improving the 
process by which postsecondary educational institutions and courses 
at such institutions are and continue to be approved for purposes of 
chapters 32, 34, 35, and 36 of title 38, United States Code; and (B) 
in recognition of the importance of assuring that Federal assistance 
is made available to those eligible veterans and persons seriously 
pursuing and making satisfactory progress toward an educational or 
vocational objective under such chapters, the need for legislative or 
administrative action in regard to sections 1674 and 1724 of title 38, 
United States Code, and the regulations prescribed thereunder. A 
report of such study, together with such specific recommendations for 
administrative or legislative action as the Administrator deems appro-
priate, shall be submitted to the President and the Congress not later 
than September 30, 1979, except that the portion of the report of such 
study described in clause (B) of the preceding sentence shall be sub-
mitted not later than September 30,1978. 
(3) For the purpose of carrying out paragraph (1) of this subsec-
tion, there are authorized to be appropriated $1,000,000. 
(4) (A) Until such time as the Administrator submits the report 
required under the second sentence of paragraph (2) of this subsec-
tion, the Administrator shall suspend implementation of the amend-
ments to sections 1674 and 1724 of title 38, United States Code, made 
by sections 206 and 307, respectively, of Public Law 94-502, in the 
case of any accredited educational institution which submits to the 
Administrator its course catalog or bulletin and a certification that 
the policies and regulations described in clauses (6) and (7) of section 
1776(b) are being enforced by such institution, unless the Admin-
istrator finds, pursuant to regulations which the Administrator shall 
prescribe, that such catalog or bulletin fails to state fully and clearly 
such policies and regulations. 
(B) The Administrator shall, where appropriate, bring to the atten-
tion of the Council on Postsecondary Accreditation and the appro-
priate accrediting and licensing bodies such catalogs, bulletins, and 
certifications submitted under subparagraph (A) of this paragraph 
which the Administrator believes may not be in compliance with the 
standards of such accrediting and licensing body. 
(c) (1) Where an educational institution— 
(A) has in its possession veterans' or eligible persons' benefit 
checks made payable to a veteran or eligible person and mailed to 
such educational institution for a course offered (i) under the 
provisions of subchapter VI of chapter 34 of title 38, United 
' 
States Code, or (ii) at a location not in a State under the provi-
' 
sions of section 1676 of title 38, United States Code, and which 
; course was commenced by such veteran or eligible person prior 
to December 1, 1976, and completed not later than June 30,1977; 
and 
(B) holds a power of attorney executed by the veteran or eligi-
ble person prior to December 1, 1976, authorizing the educational 
institution to negotiate such benefit check, 
the Administrator may, where the Administrator finds there is 
undue hardship on such educational institution, provide such relief 
as the Administrator determines equitable pursuant to regulations 
which the Administrator shall prescribe. 
(2) Where an accredited correspondence school— 
(A) has in its possession veterans' or eligible persons' benefit 
checks made payable to a veteran or eligible person and mailed to 
such school for lessons completed by the veteran or eligible person 
PUBLIC LAW 95-202—NOV. 23, 1977 
91 STAT. 1445 
under section 1786 of this title and serviced by the school prior to 
Ante, p. 1435. 
January 1,1977; and 
. . 
(B) holds a power of attorney executed by the veteran or eligi-
ble person prior to December 1, 1976, authorizing the school to 
negotiate such benefit check, 
the Administrator may, where the Administrator finds that there is 
undue hardship on such educational institution and the courses were 
taken by veterans or eligible persons residing in a State, provide such 
relief as the Administrator determines equitable pursuant to regula-
tions which the Administrator shall prescribe. 
TERMINATION OF ASSISTANCE 
REQUIREMENTS 
SEC. 306. Section 1790(b) of title 38, United States Code, is amended 
by inserting " ( 1 ) " after " ( b ) " , and inserting at the end thereof the 
following new paragraph: 
"(2) Any action by the Administrator under paragraph (1) of this 
subsection to discontinue (including to suspend) assistance provided 
to any eligible veteran or eligible person under this chapter or chapter 
31,32,34, or 35 of this title shall be based upon evidence that the veteran 
or eligible person is not or was not entitled to such assistance. When-
ever the Administrator so discontinues any such assistance, the Admin-
istrator shall concurrently provide written notice to such veteran or 
person of such discontinuance and that such veteran or person is 
entitled thereafter to a statement of the reasons therefor such action 
and an opportunity to be heard thereon.". 
38 u s e 1501, 
1651, 1700, 
1770. 
Notice. 
VOCATIONAL REHABILITATION 
STUDY 
SEC. 307. The Administrator of Veterans' Affairs, in consultation 
with the Commissioner of Rehabilitation Services, Department of 
Health, Education, and Welfare, shall conduct a study in regard to the 
provisions of chapter 31 of title 38, United States Code. The report of 
such study shall include (1) the Administrator's recommendations for 
legislative or administrative changes in such chapter, (2) the Admin-
istrator's recommendations with regard to the need for the services of 
vocational rehabilitation specialists to provide chapter 31 trainees with 
appropriate job development and job placement assistance, and (3) 
the Administrator's recommendations for utilizing the veterans edu-
cation programs provided by chapters 32, 34, 35, and 36 of such title 
to meet the needs of disabled veterans eligible for assistance under such 
chapter 31 and such other chapters. Such report shall also include a 
description and analysis of the scope and quality of vocational rehabil-
itation assistance provided under such chapter 31 in comparison with 
vocational rehabilitation services provided under the Rehabilitation 
Act of 1973 (29 U.S.C. 701 et seq.). The report of such study shall be 
submitted to the President and the Congress not later than March 1, 
1978. 
VETERANS READJUSTMENT APPOINTMENTS REPORT 
SEC. 308. Section 2014(b) of title 38, United States Code, is amended 
by inserting at the end thereof the following new sentence: "The 
Chairman of the Civil Service Commission shall submit to the Presi-
dent and the Congress, not later than six months after the date of 
enactment of the GI Bill Improvement Act of 1977, a report on the 
need for the continuation after June 30, 1978, of the authority for 
veterans readjustment appointments contained in this subsection.". 
Consultation. 
38 use 1501 
note. 
Report. 
Contents. 
38 use 1770. 
Report to 
President and 
Congress. 
Report to 
President and 
Congress. 
91 STAT. 1446 
PUBLIC LAW 95-202—NOV. 23, 1977 
* 
• ' 
TECHNICAL AMENDMENTS 
SEC. 309. (a) Section 101(29) of title 38, United States Code, is 
amended by striking out "such date as shall thereafter be determined 
by Presidential proclamation or concurrent resolution of the Con-
gress" and inserting in lieu thereof "May 7,1975". 
(b) Section 2007(c) of title 38, LTnited States Code, is amended by 
striking out "2001" and inserting in lieu thereof "2004". 
VETERANS COST-Or-INSTRUCTION TRANSFER AUTHORITY 
38use246note. 
SEC. 310. (a) Notwithstanding any other provision of law, (1) the 
Administrator of Veterans' Affairs is authorized to administer, pur-
suant to an interagency agreement, the programs carried out under 
20 use 
the provisions of section 420 of the Higher Education Act of 1965; 
1070e-l. 
^2) the Commissioner of Education, with the approval of the Secre-
tary of Health, Education, and Welfare, is authorized to enter into 
such interagency agreement to transfer to the Administrator the func-
tions, powers, and duties of the Commissioner under such section; and 
(3) pursuant to any such agreement, funds appropriated to such 
Department or the Office of Education in such Department for the 
purpose of carrying out such section shall be transferred from the 
' *' 
Department to the Veterans' Administration for use for the purposes 
for which such funds are authorized and appropriated. Ajiy such 
agreement shall provide, for such period of time as may be agreed 
upon by the Commissioner and the Administrator, for such appropri-
ate technical and support assistance by the Commissioner as the Com-
missioner and the Administrator agree are necessary to facilitate the 
implementation of this section. 
(b) Effective on the date on which the Commissioner of Education 
transfers to the Administrator of Veterans' Affairs, under authority of 
subsection (a) of this section, all functions, powers, and duties assigned 
to the Commissioner under section 420 of the Higher Education Act of 
1965 such section is superceded and chapter 3 of title 38, United States 
Code, is amended by— 
(1) inserting after section 245 the following new section: 
38 use 246. 
"§ 246. Veterans cost-of-instruction payments to institutions of 
higher learning 
,., . 
"(a) (1) During the period beginning on July 1, 1972, and ending 
' ' 
on September 30, 1979, each institution of higher learning shall be 
entitled to a payment under, and in accordance with, this section 
during any fiscal year if— 
"(A) the number of persons who are veterans receiving voca-
38 use 1501. 
tional rehabilitation under chapter 31 of this title or veterans 
38 use 1651. 
receiving educational assistance under chapter 34 of of this title, 
and who are in attendance as undergraduate students at such 
institution during any academic year, equals at least— 
"(i) 110 per centum of the number of such recipients who 
were in attendance at such institution during the preceding 
academic year, or 
"(ii) 10 per centum of the total number of undergraduate 
students in attendance at such institution during such aca-
demic year and if such number does not constitute a per 
centum of such undergraduate students which is less than 
such per centum for the preceding academic year; and 
"(B) the number of such persons is at least 25. 
"(2) During the period specified in paragraph (1) of this sub-
section, each institution which has qualified for a payment under 
PUBLIC LAW 95-202—NOV. 23, 1977 
91 STAT. 1447 
38 
use 
1501. 
38 
use 
1651. 
20 u s e 1070e. 
this section for any fiscal year shall be entitled during the suc-
ceeding year, notwithstanding such paragraph (1), to a payment 
under and in accordance with this section, if the number of per-
sons referred to in such paragraph (1) equals at least the number 
of such persons who were in attendance at such institution during the 
preceding academic year or equals at least the minimum number of 
such persons necessary to establish eligibility to entitlement under such 
paragraph (1) during the preceding academic year, whichever is the 
lesser. Each institution which is entitled to a payment for any fiscal 
year by reason of the preceding sentence shall be deemed, for the 
purposes of any such year succeeding the year for which it is so entitled, 
to have been entitled to a payment under such paragraph (1) during 
the preceding fiscal year. 
"(b) (1) The amount of the payment to which any institution shall 
be entitled under this section for any fiscal year shall be— 
"(A) $300 for each veteran receiving vocational rehabilitation 
under chapter 31 of this title, or educational assistance under 
chapter 34 of this title, who is in attendance at such institution 
as an undergraduate student during such year; and 
"(B) in addition, $150, except in the case of a veteran on 
behalf of whom the institution has received a payment in excess 
of $150 under section 419 of the Higher Education Act of 1965 
for each veteran who has been the recipient of educational assist-
ance under subchapter V or subchapter V I of chapter 34 of this 
title and who is in attendance at such institution as an under-
graduate student during such year. 
"(2) In any case where a veteran on behalf of whom a payment is 
made under this section is enrolled in an institution on less than a 
full-time basis, the amount of the payment on behalf of siich veteran 
shall be reduced in proportion to the degree to which such veteran is 
not enrolled on a full-time basis. 
"(c)(1) An institution of higher education shall be eligible to 
receive the payment to which it is entitled under this section only if 
it makes application therefor to the Administrator. An application 
under this section shall be submitted at such time or times, in such 
manner, in such form, and containing such information as the Admin-
istrator determines necessary to carry out the functions assigned to 
the Administrator under this section, and shall—• 
"(A) meet the requirements set foi'th in clauses (A) and (B) 
of section 419(c)(1) of the Higher Education Act of 1965; 
"(B) set forth such plans, policies, assurances, and procedures 
as will ensure that the applicant will make an adequate effort— 
"(i) to maintain a full-time office of veterans' affairs which 
has responsibility for veterans' outreach, recruitment, and 
special education programs, including the provisions of edu-
cational, vocational, and personal counseling for veterans, 
"(ii) to carry out programs designed to prepare educa-
tionally disadvantaged veterans for postsecondary educa-
tion (I) under subchapter V of chapter 34 of this title, and 
(II) in the case of any institution located near a military 
installation, under subchapter VI of such chapter 34, 
"(iii) to carry out active outreach (with special emphasis 
on educationally disadvantaged veterans), recruiting, and 
counseling activities through the use of funds available under 
federally-assisted work-study program (with special empha-
sis on the veteran-student services program under section 
; 
1685 of this title), and 
"(iv) to carry out an active tutorial assistance program 
Tutorial program 
Full-time office of 
veterans' affairs. 
38 
use 
1690. 
38 
use 
1695. 
91 STAT. 1448 
PUBLIC LAW 95-202—NOV. 23, 1977 
Consortium 
agreements. 
Consultation. 
Payments. 
Limitation. 
Waiver. 
(including dissemination of information regarding such pro-
gram ) in order to make maximum use of the benefits available 
under section 1692 of this title. 
Notwithstanding clause (B) of the preceding sentence, an institu-
tion with less than 2,500 students in attendance which the Administra-
tor determines, in accordance with regulations jointly prescribed by 
the Administrator and the Commissioner of Education, Department 
of Health, Education, and Welfare, cannot feasibly itself carry out 
any or all of the programs set forth in subclauses (i) through (iv) of 
clause (B) of the preceding sentence, may carry out such program or 
programs through a consortium agreement with one or more other 
institutions of higher education, and shall be required to carry out such 
programs only to the extent that the Administrator determines, in 
accordance with regulations jointly prescribed by the Administrator 
and the Commissioner of Education, is appropriate in terms of the 
number of veterans in attendance at such institution. The adequacy of 
efforts to meet the requirements of such clause (B) shall be determined 
by the Administrator, in consultation with the Commissioner of Edu-
cation, based upon criteria established in regulations jointly prescribed 
by them. 
"(2) The Administrator shall not approve an application under 
this subsection unless the Administrator determines that the applicant 
will implement the requirements of clause (B) of paragraph (1) of 
this subsection within the first academic year during which such 
institution receives a payment under this section. 
"(d) (1) The Administrator shall pay to each institution of higher 
learning which has had an application approved under subsection (c) 
of this section the amount to which it is entitled under this section. 
Payments under this subsection shall be made in not less than three 
installments during each academic year and shall be based on the 
actual number of veterans on behalf of whom such payments are made 
in attendance at the institution at the time of the iDayment. 
"' (2) The nuiximum amount of payments to any institution of higher 
learning, or any branch thereof which is located in a community which 
is different from that in which the parent institution thereof is located, 
in any fiscal year, shall be $135,000. In making payments under this 
section for any fiscal year, the Administrator shall apportion the 
appropriation for making such payments, from funds which become 
available as a result of the limitation on payments set forth in the 
preceding sentence, in such a manner as will result in the receipt by 
each institution which is eligible for a payment under this section of 
first $9,000 (or the amount of its entitlement for that fiscal year, 
whichever is the lesser) and then additional amounts up to the limi-
tation set forth in the preceding sentence. 
"(e) Not less than 75 per centum of the amounts paid to any insti-
tution under subsection (d) of this section in any fiscal year shall be 
used to implement the requirement of clause (B) (i) of paragraph (1) 
of subsection (c) of this section, and, to the extent that such funds 
remain after implementing such requirements, funds limited by such 
75 per centum requirement shall be used for implementing the 
requirements of clauses (B) (ii), (iii), and (iv) of such paragraph 
(1), except that the Administrator may, in accordance with criteria 
established in regulations jointly prescribed by the Administrator and 
the Commissioner of Education, waive the requirement of this subsec-
tion to the extent that the Administrator finds that such institution is 
adequately carrying out all such requirements without the necessity 
for such application of such amount of the payments received under 
this subsection. 
PUBLIC LAW 95-202—NOV. 23, 1977 
91 STAT. 1449 
"(f) The Administrator, in carryino^ out the provisions oi" this 
section, shall seek to assure the coordination of programs assisted 
under this section with programs carried out by the Commissioner of 
Education pursuant to the Higher Education Act of 1965, and the 
Commissioner shall provide all assistance, technical consultation, and 
information otherwise authorized by law as necessary to promote the 
maximum etfectiveness of the activities and programs assisted under 
this section. 
"(g) The program provided for in this section shall be administered 
by an identifiable administrative unit in the Veterans' Administra-
tion."; and 
(2) inserting in the table of sections at the beginning of such 
chapter 
"246. Veterans' cost-of-instruction payments to institutions of higher learning." 
below 
, 
"245. Report to Congress.". 
HOUSING SOLAR ENERGY AND WEATHERIZATION STUDY 
SEC. 311. In accordance with the national policy to conserve energy 
and promote the maximum utilization of solar energy, the Adminis-
trator of Veterans' Affairs, in consultation with the Secretary of 
Energy and tlie Secretary of Housing and Urban Development, shall 
conduct a study to determine the most effective specific methods of 
using the programs carried out under, or amending the provisions oi, 
chapter 37 of title 38, United States Code, in order to aid and encour-
age present and prospective veteran homeowners to install in their 
homes solar heating, solar heating and cooling, or combined solar heat-
ing and cooling, and to apply residential energy conservation measures. 
The report of such study shall include a description of plans for admin-
istrative action to carry out such national policy as well as such recom-
mendations for legislative action as the Administrator deems appro-
priate, and shall be submitted to the President and the Congress not 
later than March 1,1978. 
T I T L E IV—WOMEN'S AIK F O R C E S S E R V I C E P I L O T S 
20 use 1001 
note. 
Study. 
38 use 1820 
note. 
38 use 1801. 
Report to 
President and 
eongress. 
Legislative 
recommendations. 
Sec. 401. (a)(1) Notwithstanding any other provision of law, the 
Active duty 
service of any person as a member of the Women's Air Forces Service 
status. 
Pilots (a group of Federal civilian employees attached to the United 
38USe 106note. 
States Army Air Force during World War I I ) , or the service of any 
person in any other similarly situated group the members of which 
rendered service to the Armed Forces of the United States in a capacity 
considered civilis^n employment or contractual service at the time such 
service was rendered, shall be considered active duty for the purposes 
of all laws administered by the Veterans' Administration if the Secre-
tary of Defense, pursuant to regulations which the Secretary shall 
prescribe— 
(A) after a full review of the historical records and all other 
Record review, 
available evidence pertaining to the service of any such group, 
determines, on the basis of judicial and other appropriate prece-
dent, that the service of such group consituted active military 
service, and 
(B) in the case of any such group with respect to which such 
Discharge. 
Secretary has made an affirmative determination that the service 
of such group constituted active military service, issues to each 
member of such group a discharge from such service under honor-
91 STAT. 1450 
PUBLIC LAW 95-202—NOV. 23, 1977 
Benefits, 
payment 
limitation. 
38 u s e 101 note. 
and conditions where the nature and duration of the service of 
such member so warrants. 
Discharges issued pursuant to the provisions of the first sentence of 
this paragraph shall designate as the date of discharge that date, as 
determined by the Secretary of Defense, on which such service by the 
person concerned was terminated. 
(2) In making a determination under clause (A) of paragraph (1) 
of this subsection with respect to any group described in such para-
graph, the Secretary of Defense may take into consideration the extent 
to which— 
(A) such group received military training and acquired a mili-
tary capability or the service performed by such group was 
critical to the success of a military mission, 
(B) the members of such group were subject to military justice, 
discipline, and control; 
(C) the members of such group were permitted to resign, 
(D) the members of such group were susceptible to assignment 
for duty in a combat zone, and 
(E) the members of such group had reasonable expectations 
that their service would be considered to be active military service. 
(b) (1) No benefits shall be paid to any person for any period prior 
to the date of enactment of this title as a result of the enactment of 
subsection (a) of this section. 
(2) The provisions of section 106(a) (2) of title 38, United States 
Code, relating to election of benefits, shall be applicable to persons 
made eligible for benefits, under laws administered by the Veterans' 
Administration, as a result of implementation of the provisions of 
subsection (a) of this section. 
TITLE V—EFFECTIVE DATES 
SEC. 501. The provisions of this Act shall become effective on the first 
day of the first month beginning 60 days after the date of enactment 
of this Act, except that the provisions of title I and section 304(a) (1) 
(A) shall be effective retroactively to October 1, 1977, the provisions 
of sections 201 and 202 shall become effective on January 1, 1978, the 
provisions of section 203 shall be effective retroactively to May 31, 
1976, and the provisions of sections 301, 302(2), 304(a) (1) (B), 304 
(a)(2), 305(a)(3), 305(b)(2), 305(b)(3) 305(b)(4), 305(c), 306, 
307, 308,309, and 310 and of title IV shall be effective upon enactment. 
Approved November 23, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-586 (Comm. on Veterans' Affairs). 
SENATE REPORTS: No. 95-468 and No. 95-468, pt. II accompanying S. 457 (both 
from Comm. on Veterans' Affairs). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
Sept. 12, considered and passed House. 
Oct. 19, considered and passed Senate, amended, in lieu of S. 457. 
Nov. 3, House agreed to Senate amendment with an amendment. 
Nov. 4, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol 13, No. 48: 
Nov. 23, Presidential statement.