Veterans' Benefits Act of 1992
PL 102-568 (H.R.5008), enacted 10/29/1992

106 STAT. 4320 
PUBLIC LAW 102-568—OCT. 29, 1992 
Public Law 102-
102d Congress 
568 
An Act 
To amend title 38, United States Code, to reform the formula for payment of 
Oct. 29, 1992 
dependency and indemnity compensation to survivors of veterans dying from 
[H.R. 5008] 
service-connected causes, to increase the rate of pa3rments for benefits under 
the Montgomery GI bill, and for other purposes. 
Veterans' 
Benefits Act of 
1992. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
38USCioinote. 
(a) SHORT TiTLE.—This Act may be cited as the "Veterans' 
Benefits Act of 1992". 
(b) TABLE OF CONTENTS.—The table of contents of this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References to title 38, United States Code. 
TITLE I—REFORM OF THE DEPENDENCY AND INDEMNITY COMPENSATION 
PROGRAM 
Sec. 101. 
Sec. 102. 
Sec. 103. 
Sec. 104. 
Sec. 201. 
Sec. 202. 
Sec. 203. 
Sec. 204. 
Sec. 205. 
Sec. 301. 
Sec. 302. 
Sec. 303. 
Sec. 304. 
Sec. 305. 
Sec. 306. 
Sec. 307. 
Sec. 308. 
Sec. 309. 
Sec. 310. 
Sec. 31L 
Sec. 312. 
Sec. 313. 
Sec. 314. 
Sec. 315. 
Sec. 316. 
Short title. 
Reform in pajrment formula. 
Exception to operation of OBRA provision. 
GAO report relating to the provision of benefits to survivors of veterans 
and members of the Armed Forces. 
TITLE II—LIFE INSURANCE PROGRAMS 
Servicemen's Group Life Insurance. 
Veterans' Group Life Insurance. 
Supplemental Service Disabled Veterans' insurance for totally disabled 
veterans. 
Increase in amount of veterans' mortgage life insurance. 
Effective date. 
TITLE III—EDUCATIONAL ASSISTANCE PROGRAMS 
Increase in amount of Montgomery GI Bill basic educational assistance. 
Montgomery GI Bill entitlement dates. 
Extension of period for completing requirements for secondary school di-
ploma. 
Treatment of certain active-duty service toward eligibility for educational 
assistance. 
Treatment of certain assignments of individuals for purposes of eligibility 
imder Montgomery GI Bill program. 
Treatment of^pursuit of education at service academies and certain edu-
cational institutions for purposes of eligibility under Montgomery GI Bill 
program. 
Educational assistance for certain persons whose initial period of obli-
gated service was less than three years. 
Death benefit. 
Clarification of opportunity to withdraw election not to enroll in Mont-
gomery GI Bill program. 
Use of educational assistance for solo flight training. 
Limitation on amount of advance payment of work-study allowance. 
Revision of reauirements relating to approval of accredited courses. 
Disapproval or nonaccredited inoepenaent study. 
Treatment of advance pajrments of certain assistance to veterans who die. 
Bar of assistance for persons whose education is paid for as Federal em-
ployee training. 
Revision in measurement of courses. 
PUBLIC LAW 102-568—OCT. 29, 1992 
106 STAT. 4321 
Sec. 317. Clarification of permitted changes in programs of education. 
Sec. 318. Authority of members of Selected Reserve to receive tutorial assistance. 
Sec. 319. Requirement of attendance certification in apprenticeship program under 
the Montgomery GI Bill Selected Reserve program. 
Sec. 320. Technical amendments. 
TITLE IV—VOCATIONAL REHABILITATION AND PENSION PROGRAMS 
Sec. 401. Permanent authority for program of vocational rehabilitation for certain 
service-disabled veterans. 
Sec. 402. Extension of program of vocational training for certain pension recipients. 
Sec. 403. Permanent authority for protection of health-care eligibility for certain 
pension recipients. 
Sec. 404. Vocational rehabilitation for certain service-disabled veterans with seri-
ous employment handicaps. 
Sec. 405. Increase in subsistence allowance for veterans participating in a rehabili-
tation program. 
TITLE V—JOB COUNSEUNG, TRAINING, AND PLACEMENT SERVICES FOR 
VETERANS 
Sec. 501. Improvement of disabled veterans' outreach program. 
Sec. 502. Repeal of delimiting date relating to treatment of veterans of the Vietnam 
Era for disabled veterans' outreach program purposes. 
Sec. 503. Disabled veterans' outreach program priorities. 
Sec. 504. Repeal of requirement that to be represented on advisory committee on 
veterans employment and training a veterans organization must have a 
Federal charter. 
Sec. 505. Expansion and extension of veterans rea4justment appointments with the 
Federal Government. 
Sec. 506. Redesignation of sections of chapter 43. 
TITLE VI—OTHER VETERANS' PROGRAMS 
Sec. 601. Extension of limitation on pension for veterans receiving medicaid-cov-
ered nursing home care; applicability to surviving spouses; and facility 
expenses. 
Sec. 602. Extension of authority to carry out income verification. 
Sec. 603. Access to information necessary for the administration of certain veterans 
benefits laws. 
Sec. 604. Extension of expiring cost-recovery authority. 
Sec. 605. Exclusion for low-income veterans from medication copayment require-
ment. 
Sec. 606. Extension of copayment programs. 
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment 
to or repeal of a section or other provision, the reference shall 
be considered to be made to a section or other provision of title 
38, United States Code. 
TITLE I—REFORM OF THE DEPEND- gEnlt7^"'^ 
ENCY AND INDEMNITY COMPENSA- SrActTf 
TION PROGRAM 
1992. 
SEC. 101. SHORT TITLE. 
This title may be cited as the "Dependency and Indemnity 
Compensation Reform Act of 1992". 
SEC. 102. REFORM IN PAYMENT FORMULA. 
(a) SURVIVING SPOUSE BASIC RATE.—Subsection (a) of section 
1311 is amended by striking out the matter preceding the table 
and inserting in lieu thereof the following: 
"(aXD Dependency and indemnity compensation shall be paid 
to a surviving spouse at the monthly rate of $750. 
38 u s e 101 note. 
106 STAT. 4322 
PUBLIC LAW 102-568—OCT. 29, 1992 
"(2) The rate under paragraph (1) shall be increased Inr $165 
in the case of the death of a veteran who at the time of death 
was in receipt of or was entitled to receive (or but for the receipt 
of retired pay or retirement pay was entitled to receive) compensa-
tion for a service-connected disability that was rated totally dis-
abling for a continuous period of at least eight years immemately 
preceding death. In determining the period of a veteran's disability 
for purposes of the preceding sentence, only periods in which the 
veteran was married to the surviving spouse shall be considered. 
"(3) In the case of dependency and indemnity compensation 
paid to a surviving spouse that is predicated on the death of 
a veteran before January 1, 1993, the monthly rate of such com-
pensation shall be the amount based on the pay grade of such 
veteran, as set forth in the following table, if the amount is greater 
than the total amoimt determined! with respect to that veteran 
imder paragraphs (1) and (2):". 
(b) ADDITIONAL RATE FOR SURVIVING SPOUSE WITH MINOR CHIL-
DREN.—Subsection (b) of such section is amended by striking out 
"$71 for each such child" and inserting in lieu thereof "$100 for 
each such child during fiscal year 1993, $150 for each such child 
during fiscal year 1994, and $200 for each such child thereafter". 
38 use 1311 
(c) EFFECTIVE DATE.—^The amendments made by this section 
"°^ 
shall take effect on January 1, 1993. 
38 use 1311 
(d) PAYMENT FOR IMPLEMENTATION OF REVISIONS.—The costs 
"°*®- 
of implementing, during fiscal years 1993 and 1994, any revisions 
in the payment of dependency and indemnity compensation to 
surviving spouses under section 1311 of title 38, United States 
Code, that result from the amendments made by subsections (a) 
and (b) shall be paid from amounts available to the Department 
of Veterans Affairs for the pajonent of compensation and pension. 
38 use 103 note. SEC. 103. EXCEPTION TO OPERATION OF OBRA PROVISION. 
(a) EXCEPTION.—^The amendments made by section 8004 of 
the Omnibus Budget Reconciliation Act of 1990 (105 Stat. 424) 
shall not apply to any case in which a legal proceeding to terminate 
an existing marital relationship was commenced l^fore Novem-
ber 1, 1990, by an individual described in subsection (b) if that 
proceeding directly resulted in the termination of such marriage. 
(b) COVERED INDIVIDUALS.—An individual referred to in sub-
section (a) is an individual who, but for the marital relationship 
referred to in subsection (a), would be considered to be the surviving 
spouse of a veteran. 
38 use 1310 
SEC. 104. GAO REPORT RELATING TO THE PROVISION OF BENEFITS 
note. 
TO SURVIVORS OF VETERANS AND MEMBERS OF THE 
ARMED FORCES. 
(a) IN GENERAL.—^The Comptroller General of the United States 
shall submit to the Committees on Veterans' Affairs of the Senate 
and House of Representatives a report with respect to the most 
appropriate combmation of financial, health-care, educational, and 
other survivor benefits to meet the needs of survivors of veterans. 
(b) CONTENTS OF REPORT.—The report shall include the 
following: 
(1) A review and compilation of data on current and pro-
posed survivor benefits programs that will permit an assess-
ment of the adequacy of such benefits programs, including 
information on— 
PUBLIC LAW 102-568—OCT. 29, 1992 
106 STAT. 4323 
(A) in the case of each current and proposed alternative 
survivor benefits program— 
(i) each benefit provided; 
(ii) the survivors entitled to the benefit; 
(iii) the extent to which survivors are entitled to 
similar benefits under the program; and 
(iv) the costs of providing such benefits under the 
program; 
(B) the extent to which current and anticipated benefits 
under current survivor benefits programs meet the current 
and anticipated financial, health-care, educational, and 
other needs of survivors; and 
(C) the differences, if any, in the survivor benefits 
provided under current and proposed survivor benefits pro-
grams to survivors of various categories of veterans and 
members of the Armed Forces (including survivors of veter-
ans having service-connected disabilities, veterans without 
such disabilities, members of the Armed Forces who die 
during service in the Armed Forces, members of the Armed 
Forces retired under any provision of law other than chap-
ter 61 of title 10, United States Code, and members of 
the Armed Forces retired under chapter 61 of title 10, 
United States Code (relating to retirement or separation 
for physical disability)). 
(2) A review and compilation of existing studies on the 
adequacy of survivor benefits provided under current and pro-
posed survivor benefits programs to meet the financial, health-
care, educational, and other needs of survivors. 
(3) A comprehensive assessment and evaluation of the 
adequacy of current and proposed survivor benefits programs, 
including data and methods for an assessment and evaluation 
of— 
(A) the feasibility and desirability of limiting the period 
of entitlement of survivors to survivor benefits; 
(B) the feasibility and desirability of modifying the 
provision of monetary benefits to survivors by— 
(i) revising the term of pajmient of any such 
benefits; 
(ii) replacing the periodic payment of such benefits 
with a lump sum pajnnent; 
(iii) providing such benefits through insurance or 
other premium-based payment mechanisms; or 
(iv) carrying out any other revision or modification 
proposed before the date of the enactment of this Act 
by the Secretary of Veterans Affairs, the Secretary 
of Defense, the Secretary of Health and Human Serv-
ices, or organizations recognized by the Secretary of 
Veterans Affairs under section 5902(a)(1) of title 38, 
United States Code; 
(C) the feasibility and desirability of modifying the 
provision of health-care benefits to survivors; 
(D) the feasibility and desirability of modifying the 
provision of benefits to children survivors; and 
(E) the feasibility and desirability of consolidating, 
expanding, or otherwise modifying any program relating 
to the provision of survivor benefits. 
106 STAT. 4324 
PUBLIC LAW 102-568—OCT. 29, 1992 
(4) The recommendations of the Comptroller General 
(including a proposal for legislation) on the most appropriate 
combination of survivor benefits to meet the current and antici-
pated financial, health-care, educational, and other needs of 
survivors. 
(c) SUBMISSION OF REPORT.—The Comptroller General shall 
submit the report not later than April 1,1994. 
(d) DEFINITIONS.—^In this section: 
(1) The term "survivor**, in the case of a veteran or member 
of the Armed Forces who dies, means the surviving spouse 
or surviving dependent child of the veteran or member. 
(2) The term "survivor benefit** means any monetary, 
health-care, educational, or other benefit paid, payable, or 
otherwise provided to survivors of veterans and survivors of 
members of the Armed Forces under the following: 
(A) Laws administered by the Secretary of Veterans 
Affairs. 
(B) Laws administered by the Secretary of Defense. 
(C) The Social Security Act (42 U.S.C. 301 et seq.). 
(3) The term "veteran** has the meaning given such term 
in section 101(2) of title 38, United States Code. 
TITLE II—LIFE INSURANCE PROGRAMS 
SEC. 201. SERVICEMEN'S GROUP LIFE INSURANCE. 
Section 1967 is amended by adding at the end thereof the 
following: 
"(e) In addition to the amounts of insurance otherwise provided 
under this section, an eligible member may, upon application, obtain 
increased coverage beyond that provided under this section in the 
amoimt of $100,000, or any lesser amount evenly divisible by 
$10,000.**. 
SEC. 202. VETERANS'GROUP LIFE INSURANCE. 
Section 1977 is amended— 
(1) in subsection (a)— 
(A) by inserting "and (e)** afl»r "1967(a)** and after 
"1967(b)'*; 
(B) by striking out "$100,000** each place it appears 
and inserting in lieu thereof "$200,000**; 
(C) by striking out "sixty days** and inserting in lieu 
thereof "60 days'*; 
(D) by striking out "sixty-day period** and inserting 
in lieu thereof "60-day period**; and 
(E) by striking out "of this section** after "subsection 
(e)**; 
(2) in subsection (bX2), by striking out "nonrenewable** 
and inserting in lieu thereof "renewable**; and 
(3) in subsection (hX2), by striking out "Notwithstanding 
subsection (bX2) of this section** and inserting in lieu thereof 
"In accordance with subsection (b)**. 
SEC. 
203. 
SUPPLEMENTAL SERVICE DISABLED VETERANS' INSUR-
ANCE 
FOR 
TOTALLY 
DISABLED 
VETERANS. 
(a) IN GENERAL.—Subchapter I of chapter 19 is amended by 
inserting after section 1922 the following new section: 
PUBLIC LAW 102-568—OCT. 29, 1992 
106 STAT. 4325 
*'§ 1922A. Supplemental service disabled veterans* insurance 
for totally disabled veterans 
"(a) Any person insured under section 1922(a) of this title 
who qualifies for a waiver of premiums under section 1912 of 
this title is eligible, as provided in this section, for supplemental 
insiirance in an amount not to exceed $20,000. 
"(b) To qualify for supplemental insurance under this section 
a person must file with the Secretary an application for such 
insurance not later than the end of (1) the one-year period beginning 
on the first day of the first month following the month in which 
this section is enacted, or (2) the one-year period beginning on 
the date that the Department notifies the person that the person 
is entitled to a waiver of premiums imder section 1912 of this 
title, whichever is later. 
"(c) Supplemental insurance granted under this section shall 
be granted upon the same terms and conditions as insurance 
granted under section 1922(a) of this title, except that such insur-
ance may not be granted to a person under this section unless 
the application is made for such insurance before the person attains 
65 years of age. 
"(d) No waiver of premiums shall be made in the case of 
any person for supplemental insurance granted under this section.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of chapter 19 is amended by inserting after the item relating 
to section 1922 the foUowi ng new item: 
''1922A. Supplemental service disabled veterans' insurance for totally disabled 
veterans.". 
SEC. 204. INCREASE IN AMOUNT OF VETERANS' MORTGAGE UFE 
INSURANCE. 
(a) INCREASE.—Section 2106(b) is amended in the 
first 
sentence— 
(1) by striking out "initial"; and 
(2) by striking out "$40,000" and inserting in lieu thereof 
"$90,000". 
(b) TECHNICAL AMENDMENT.—^The item relating to section 2106 
in the table of sections at the beginning of chapter 21 is amended 
to read as follows: 
"2106. Veterans' mortgage life insurance.". 
SEC. 205. EFFECTIVE DATE. 
38 USC 1922A 
The amendments made by this title shall take effect on Decem-
ber 1,1992. 
TITLE III—EDUCATIONAL ASSISTANCE 
PROGRAMS 
SEC. 301. INCREASE IN AMOUNT OF MONTGOMERY GI BILL BASIC 
EDUCA'nONAL ASSISTANCE. 
(a) AMOUNT OF BENEFIT PAYMENTS UNDER CHAPTER 30.—Sec-
tion 3015 is amended— 
(1) in subsection (aXD, by striking out "$300" and inserting 
in lieu thereof "$400"; and 
(2) in subsection (bXD, by striking out "$250" and inserting 
in lieu thereof "$325". 
106 STAT. 4326 
PUBLIC LAW 102-568—OCT. 29, 1992 
(b) AMOUNT OF BENEFIT PAYMENTS UNDER SELECTED RESERVE 
PROGRAM.—Section 2131(b)(1) of title 10, United States Code, is 
amended— 
(1) in subparagraph (A), by striking out "$140" and insert-
ing in lieu thereof "$190"; 
(2) in subparagraph (B), by striking out "$105" and insert-
ing in lieu thereof "$143"; and 
(3) in subparagraph (C), by striking out "$70" and inserting 
in lieu thereof "$95". 
(c) CONFORMING AMENDMENTS TO CHAPTER 30.—Section 3015(f) 
is amended— 
(1) by striking out paragraph (1); 
(2) by redesignating paragraph (2) as paragraph (1) and 
in that paragraph striking out "may continue to pay" and 
all that follows through "such rates" and inserting in lieu 
thereof "shall provide a percentage increase in the monthly 
rates payable under subsections (a)(1) and (b)(1) of this section ; 
and 
(3) by redesignating paragraph (3) as paragraph (2) and 
in that paragraph striking out "may" both places it appears 
and inserting in lieu thereof "shall". 
(d) 
CONFORMING AMENDMENTS TO SELECTED RESERVE PRO-
GRAM.—Section 2131(b)(2) of title 10, United States Code, is 
amended— 
(1) by striking out subparagraph (A); 
(2) by redesignating subparagraph (B) as subparagraph 
(A) and in that subparagraph striking out "may continue to 
pay" and all that follows through "such rates" and inserting 
in lieu thereof "shall provide a percentage increase in the 
monthly rates payable under subparagraphs (A), (B), and (C) 
of paragraph (1)"; nd 
(3) by redesignating subparagraph (C) as subparagraph 
(B) and in that subparagraph striking out "may" both places 
it appears and inserting in lieu thereof "shall". 
10 use 2131 
(e) EFFECTIVE DATE AND RULE OF CONSTRUCTION.—(1) 
The 
"°*®- 
amendments made by this section shall take effect on April 1, 
1993. 
(2) The amendments made by this section shall not be construed 
to change the account from which payment is made for that portion 
of a payment under chapter 30 of title 38, United States Code, 
or chapter 106 of title 10, United States Code, which is a Montgom-
ery GI bill rate increase and a title III benefit is paid. For the 
purposes of this subsection, the terms "Montgomery GI bill rate 
increase" and "title III benefit" have the meanings provided in 
section 393 of the Persian Gulf Conflict Supplemental Authorization 
and Personnel Benefits Act of 1991 (105 Stat. 99). 
SEC. 302. MONTGOMERY GI BILL ENTITLEMENT DATES. 
(a) CHANGE IN DATES.—Chapter 30 is amended— 
(1) in section 3011(a)(lXB), by striking out "on Octo-
ber 19, 1984," and all that follows through "and—" and inserting 
in lieu thereof "at any time during the period beginning on 
October 19, 1984, and ending on July 1, 1985, continued on 
active duty without a break in service and—"; 
(2) in section 3012(a)(lXB), by striking out "on Octo-
ber 19,1984," and all that follows through "and—" and inserting 
in lieu thereof "at any time during the period beginning on 
PUBLIC LAW 102-568—OCT. 29, 1992 
106 STAT. 4327 
October 19, 1984, and ending on July 1, 1985, continued on 
active duty without a break in service and—"; and 
(3) in section 3031(e), by striking out "October 18, 1984" 
and inserting in lieu thereof "June 30,1985". 
(b) EFFECTIVE DATE.—^The amendments made by this section 38USC30ii 
shall take effect as of October 28,1986. 
"°^ 
SEC. 303. EXTENSION OF PERIOD FOR COMPLETING REQUIREMENTS 
FOR SECONDARY SCHOOL DIPLOMA. 
(a) IN GENERAL.—(1) Section 3011 is amended— 
(A) in subsection (aX2), by inserting ", except as provided 
in subsection (e) of this section," after "who"; and 
(B) by adding at the end thereof the following new sub-
section: 
"(e) For the purposes of subsection (a)(2) of this section, an 
individual who was on active duty on August 2, 1990, and who 
completes the requirements of a secondary school diploma (or 
equivalency certificate) before the end of the 24-month period begin-
ning on the date of the enactment of this subsection shall be 
considered to have completed such requirements within the individ-
ual's initial obligated period of active duty.". 
(2) Section 3012 is amended— 
(A) in subsection (aX2), bv inserting "except as provided 
in subsection (f) of this section, after "who,"; and 
(B) by adding at the end thereof the following new sub-
section: 
"(f) For the purposes of subsection (a)(2) of this section, an 
individual who was on active duty on August 2, 1990, and who 
completes the requirements of a secondary school diploma (or 
equivalency certificate) before the end of the 24-month period begin-
ning on the date of the enactment of this subsection shall be 
considered to have completed such requirements within the individ-
ual's initial obligated period of active auty.". 
(b) NOTIFICATION REQUIREMENT.—Not later than 60 days after 
^^ ^sc son 
the date of enactment of this Act, the Secretary of each of the 
military departments shall notify each individual who was on active 
duty in the Armed Forces on August 2, 1990, and who has not 
met the requirements of a secondary school diploma (or equivalency 
certificate), of the extension of the period for the completion of 
such requirements afforded by the amendments made by this 
section. 
SEC. 304. TREATMENT OF CERTAIN ACTIVE-DUTY SERVICE TOWARD 
EUGIBILITY FOR EDUCATIONAL ASSISTANCE. 
(a) TREATMENT OF SERVICE.—Section 3011 (as amended by 
section 303) is further amended by adding at the end the following 
new subsection: 
"(f)(1) For the purposes of this chapter, a member referred 
to in paragraph (2) of this subsection who serves the periods of 
active duty referred to in that paragraph shall be deemed to have 
served a continuous period of active duty whose length is the 
aggregate length of the periods of active duty referred to in that 
paragraph. 
(2) This subsection applies to a member who— 
"(A) after a period of continuous active duty of not more 
than 12 months, is discharged or released from active duty 
under subclause (I) or (III) of subsection (aXl)(AXii) of this 
section; and 
note. 
106 STAT. 4328 
PUBLIC LAW 102-568—OCT. 29, 1992 
"(B) after such discharge or release, reenUsts or re-enters 
on a period of active duty.". 
38 use 3011 
(b) EFFECTIVE DATE.—The amendments made by subsection 
^°^- 
(a) shall take effect as if enacted on June 30, 1985, and apply 
to the payment of educational assistance for education or traimng 
pursued on or after October 1,1993. 
SEC. 306. TREATMENT OF CERTAIN ASSIGNMENTS OF INDIVIDUALS 
FOR PURPOSES OF EUGmmTY UNDER MONTGOMERY GI 
BILL PROGRAM. 
(a) TREATMENT.—Section 3011 (as amended by sections 303 
and 304) is further amended by adding at the end the following 
new subsection: 
"(g) Notwithstanding section 3002(6XA) of this title, a period 
during which an individual is assigned full time by the Armed 
Forces to a civilian institution for a course of education as described 
in such section 3002(6)(A) shall not be considered a break in service 
or a bre£ik in a continuous period of active duty of the individual 
for the purposes of this chapter.". 
38 use 3011 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
"°*« 
shall take effect as if enacted on October 19,1984. 
SEC. 306. TREATMENT OF PURSUIT OF EDUCATION AT SERVICE ACAD-
EMIES AND CERTAIN EDUCATIONAL INSTITUTIONS FOR 
PURPOSES OF EUGmiUTY UNDER MONTGOMERY GI BILL 
PROGRAM. 
(a) ACTIVE DUTY.—Section 3011 (as amended by sections 303, 
304, and 305) is further amended by adding at the end the following 
new subsection* 
"(hXD Notwithstanding section 3002(6XB) of this title, a mem-
ber referred to in paragraph (2) of this subsection who serves 
the periods of active dutv referred to in subparagraphs (A) and 
(C) of that paragraph shall be deemed to have served a continuous 
period of active duty whose len^h is the aggregate length of the 
periods of active duty referred to m such subparagraphs. 
"(2) This subsection api)lies to a member who^ 
"(A) during an initial period of active duty, commences 
pursuitof a course of education— 
"(i) at a service academy; or 
"(ii) at a post-secondary school for the purpose of 
preparation for enrollment at a service academy; 
(B) fails to complete the course of education; and 
"(C) re-enters on a period of active duty.". 
38 use 3011 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
shall take effect as if enacted on June 30, 1985, and apply to 
the payment of educational assistance for education or training 
pursued on or after October 1,1993. 
SEC. 307. EDUCATIONAL ASSISTANCE FOR CERTAIN PERSONS WHOSE 
INITIAL PERIOD OF OBUGATED SERVICE WAS LESS THAN 
THREE YEARS. 
(a) EDUCATIONAL ASSISTANCE.—Section 3015 (as amended by 
section 301) is amended— 
(1) by redesignating subsections (c), (d), (e), and (f) as 
subsections (d), (e), (0, and (g), respectively; 
(2) in subsection (d) (as so redesignated), by striking out 
"(a) and (b)" and inserting in lieu thereof "(a), (b), and (c)"; 
and 
note. 
PUBLIC LAW 102-568—OCT. 29, 1992 
106 STAT. 4329 
(3) by inserting after subsection (b) the following new sub- 
/ 
section (c): 
"(cXD "Hie amount of basic educational allowance payable under 
this chapter to an individual referred to in paragraph (2) of this 
subsection is the amount determined under subsection (a) of this 
section. 
'^(2) Paragraph (1) of this subsection applies to an individual 
entitled to an educational, assistance allowance under section 3011 
of this title— 
''(A) whose initial obligated period of active duty is less 
than three years; 
"(B) who, beginning on the date of the commencement 
of the person's initial obligated period of such duty, serves 
a continuous period of active duty of not less than three years; 
and 
"(C) who, after the completion of that continuous period 
of active duty, meets one of the conditions set forth in subsection 
(aX3) of such section 3011.". 
(b) CONFORMING AMENDMENTS.—Such section 3015 (as so 
amended) is further amended— 
(1) in subsection (a), by striking out "and (f)" and inserting 
in lieu thereof "(f), and (g)"; and 
(2) in subsection (b), by striking out "and (f)" and inserting 
in lieu thereof "(f), and (g)". 
(c) EFFECTIVE DATE.—^The amendments made by subsections 38 use 3015 
(a) and (b) shall take effect as if enacted on June 30, 1985, and "°^-
appl3r to the payment of educational assistance for education or 
training pursued on or after September 1,1993. 
SEC. 308. DEATH BENEFIT. 
Section 3017(aXlXB) is amended by inserting before the comma 
"or within one year after discharge or release from active duty". 
SEC. 309. CLARIFICATION OF OPPORTUNITY TO WITHDRAW ELECTION 
NOT TO ENROLL IN MONTGOMERY GI BILL PROGRAM. 
(a) CLARIFICATION,—Section 3018(bX3XB) is amended— 
(1) by striking out "or (iii)" and inserting in lieu thereof 
"(iii)"; and 
(2) by adding before the semicolon at the end the following: Regulations. 
", or (iv) a physical or mental condition that was not character-
ized as a disability and did not result from the individual's 
own willful misconduct but did interfere with the individual's 
performsmce of duty, as determined by the Secretary of each 
military department in accordance witn regulations prescribed 
by the Secretary of Defense (or by the Secretary of Transpor-
tation with respect to the Coast Guard when it is not operating 
as a service of the Navy)". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 38 use 30i8 
shall take effect as if enacted on December 1,1988. 
"°^-
SEC. 310. USE OF EDUCATIONAL ASSISTANCE FOR SOLO FUGHT 
TRAINING. 
(a) A
C
T
I
V
E
-
D
U
T
Y PROGRAM.—Section 3032(f) is amended— 
(1) in paragraph (1), by striking out "(other than tuition 
and fees charged for or attributable to solo fl3dng hours)"; 
and 
(2) by adding at the end the following new paragraph 
(4): 
106 STAT. 4330 
PUBLIC LAW 102-568—OCT. 29, 1992 
"(4) The number of solo flying hours for which an individual 
may be paid an educational assistance allowance under this sub-
section may not exceed the minimum nimiber of solo flying hours 
required by the Federsil Aviation Administration for the flight rating 
or certification which is the goal of the individual's flight training. . 
(b) SELECTED RESERVE PROGRAM.—Section 2131(g) of title 10, 
United States Code, is amended— 
(1) in paragraph (1), by striking out "(other than tuition 
and fees cnarged for or attributable to solo flying hours)"; 
and 
(2) by adding at the end the following new paragraph 
(4): 
"(4) The number of solo flying hours for which an individual 
may be paid an educational assistance allowance imder this sub-
section may not exceed the minimxmi number of solo flying hours 
required by the Federal Aviation Administration for the flight rating 
or certification which is the goal of the individual's flight training.'^ 
(c) POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE 
PROGRAM.—Section 3231(f) is amended— 
(1) in paragraph (1), by striking out "(other than tuition 
and fees charged for or attributable to solo flying hours)"; 
" 
and 
(2) by adding at the end the following new paragraph 
" 
(4): 
. 
'i 
"(4) The number of solo flying hours for which an individual 
may be paid an educational assistance allowance under this sub-
section may not exceed the minimum number of solo fl3ring hours 
required by the Federal Aviation Administration for the flight rating 
or certification which is the goal of the individual's flight trainin^.'\ 
1
0 use 2131 
(d) EFFECTIVE DATE.—^The amendments made by this section 
^°^- 
shall apply to flight training received under chapters 30 and 32 
of title 38, United States Code, and chapter 106 of title 10, United 
States Code, aiter September 30,1992. 
SEC. 311. LIMITATION ON AMOUNT OF ADVANCE PAYMENT OF WORK-
STUDY ALLOWANCE. 
; 
Section 3485(a)(1) is amended in the third sentence— 
(1) by striking out "40 per centum" and inserting in lieu 
n -...;. « 
thereof "40 percent"; and 
(2) by inserting "(but not more than an amount equal 
to 50 times the applicable hoiirly minimum wage)" before the 
period at the end. 
SEC. 312. REVISION OF REQUIREMENTS RELATING TO APPROVAL OF 
ACCREDITED COURSES. 
(a) REVISION OF REQUIREMENTS.—Subsection (a) of section 3675 
is amended— 
(1) by striking out "(a)" and inserting in lieu thereof "(aXD"; 
(2) by redesignating paragraphs (1), (2), and (3) as subpara-
graphs (A), (B), and (C), respectively; and 
(3) by striking out the matter below subparagraph (C) 
(as so redesignated) and inserting in lieu thereof the following 
new paragraphs: 
Printing. 
"(2XA) For tne purposes of this chapter, the Secretary of Edu-
cation shall publish a list of nationally recognized accrediting agen-
cies and associations which that Secretary determines to be reliable 
authority as to the quality of training offered by an educational 
institution. 
PUBLIC LAW 102-568—OCT. 29, 1992 
106 STAT. 4331 
"(B) A State approving agency may utilize the accreditation 
of any accrediting association or agency listed pursuant to subpara-
graph (A) of this paragraph for approval of courses specifically 
accredited and approved by such accrediting association or agency. 
"(SKA) An educational institution shall submit an application 
for approval of courses to the appropriate State approving agency. 
In making application for approval, the institution (other than 
an elementary school or secondary school) shall transmit to the 
State approving agency copies of its catalog or bulletin which must 
be certified as true and correct in content and policy by an author-
ized representative of the institution. 
"(B) Each catalog or bulletin transmitted by an institution 
under subparagraph (A) of this paragraph shall— 
''(i) state with specificity the requirements of the institution 
with respect to graduation; 
"(ii) include the information required under paragraphs 
(6) and (7) of section 3676(b) of this title; and 
"(iii) include any attendance standards of the institution, 
if the institution has and enforces such standards.". 
(b) APPROVAL OF NURSES AIDE COURSES.—Subsection (aXD of 
such section (as amended by subsection (a)) is further amended— 
(1) in subparagraph (B), by striking out "sections 11-28 
of title 20; or" and inserting in lieu thereof "the Act of February 
23,1917 (20 U.S.C. 11 et seq.);"; 
(2) by striking out the period at the end of subparagraph 
(C) and inserting in lieu thereof"; or"; and 
(3) by adding at the end the following new subparagraph 
(D): 
"(D) such courses are approved by the State as meeting 
the requirement of regulations prescribed by the Secretary 
of Health and Human Services under sections 1819(fX2XAXi) 
and 1919(fX2XAXi) of the Social Security Act (42 U.S.C. 1395i-
3(fX2XAXi) and 1396r(0(2XAXi)).''. 
SEC. 313. DISAPPROVAL OF NONACCREDITED INDEPENDENT STUDY. 
(a) DISAPPROVAL.—(1) Section 3676 is amended by adding at 
the end the following new subsection: 
"(e) Notwithstanding any other provision of this title, a course 
of education shall not be approved under this section if it is to 
be pursued in whole or in part oy independent study.". 
(2) Subchapter I of chapter 36 is amended by inserting after 
section 3680 the following new section: 
*
*
§ 3680A. Disapproval of enrollment in certain courses 
"(a) The Secretary shall not approve the enrollment of an 
eligible veteran in— 
"(1) any bartending course or personality development 
course; 
"(2) any sales or sales management course which does 
not provide specialized training within a specific vocational 
field; 
"(3) any type of course which the Secretary finds to be 
avocational or recreational in character (or the advertising for 
which the Secretary finds contains significant avocational or 
recreational themes) unless the veteran submits justification 
showing that the course will be of bona fide use in the pursuit 
106 STAT. 4332 
PUBLIC LAW 102-568—OCT. 29, 1992 
of the veteran's present or contemplated business or occupation; 
or 
"(4) any independent study program except an accredited 
independent study program leading to a standard college 
degree. 
"(b) Except to the extent otherwise specifically provided in 
this title or chapter 106 of title 10, the Secretary shall not approve 
the enrollment of an eligible veteran in any course of flight training 
oUier than one given by an educational institution of higher learning 
for credit toward a standard college degree the eligible veteran 
is seeking. 
**(c) The Secretary shall not approve the enrollment of an 
eligible veteran in any course to be pursued by radio or by open 
circuit television, except that the Secretary may approve the enroll-
ment of an eligible veteran in a course, to be pursued in residence, 
leading to a standard college degree which includes, as sin integral 
part thereof, subjects offered through open circuit television. 
''(dXD Except as provided in paragraph (2) of this subsection, 
the Secretary shall not approve the enrollment of any eligible vet-
eran, not already enrolled, in any course for any period during 
which the Secretary finds that more than 85 percent of the students 
enrolled in the course are having all or part of their tuition, fees, 
or other charges paid to or for them by tne educational institution 
or by the Department of Veterans Affairs under this title or under 
chapter 106 of title 10. The Secretary may waive the requirements 
of tnis subsection, in whole or in part, if the Secretary determines, 
pursuant to regulations which the Secretary shall prescribe, it 
to be in the interest of the eligible veteran ana the Federal Govern-
ment. The provisions of this subsection shall not apply to any 
course ofTered by an educational institution if the total number 
of veterans and persons receiving assistance under this chapter 
or chapter 30, 31, 32, or 35 of this title or under chapter 106 
of title 10 who are enrolled in such institution equals 35 percent 
or less, or such other percent as the Secretary prescribes in regula-
tions, 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 Secretary may apply the provisions 
of this subsection with respect to any course in which the Secretary 
has reason to believe that the enrollment of such veterans and 
persons may be in excess of 85 percent of the total student enroll-
ment in such course. 
"(2) Paragraph (1) of this subsection does not apply with respect 
to the enrollment of a veteran— 
"(A) in a course offered pursuant to section 3019, 3034(a)(3), 
3234, or 3241(aX2) of this title; 
"(B) in a farm cooperative training course; or 
"(C) in a course described in section 3689(bX6) of this 
title.". 
(3XA) Chapter 34 is amended by repealing section 3473. 
(B) The table of sections at the beginning of chapter 34 is 
amended by striking out the item relating to section 3473. 
(4) Section 3034 is amended— 
(A) in subsection (aXl), by striking out "3473,"; and 
(B) in subsection (dXD, by striking out "3473(b)" and insert-
ing in lieu thereof "3680A(b)". 
(5) Section 3241 is amended— 
(A) by striking out "3473," both places it appears; and 
PUBLIC LAW 102-568—OCT. 29, 1992 
106 STAT. 4333 
(B) in subsection (bXD, by striking out ''3473(b)'' and insert-
ing in lieu thereof 
3680A(b)''. 
(6) Section 2136(cXl) of title 10, United States Code, is amended 
by striking out ''1673(b)'' and inserting in lieu thereof '*3680A(b)''. 
(7) Section 3523(a)(4) is amended by striking out "one" and 
all that follows and inserting in lieu thereof "an accredited 
independent study program leading to a st£uidard college degree.". 
(8) The table of sections at the beginning of chapter 36 is 
amended by inserting after the item relating to section 3680 the 
following new item: 
"SGSOA. Disapproval of enrollment in certain courses.". 
(b) SAVINGS PROVISION.—The amendments made by paragraphs lo use 2136 
(2) through (6) of subsection (a) of this section shall not apply "°^-
to any person receiving educational assistance for pursuit oi an 
independent study program in which the person was enrolled on 
the date of enactment of this section for as long as such person 
is continuoushr thereafter so enrolled and meets the requirements 
of eligibility for such assistance for the pursuit of such program 
imder title 38, United States Code, or title 10, United States Code, 
in effect on that date. 
SEC. 314. TREATMENT OF ADVANCE PAYMENTS OF CERTAIN ASSIST-
ANCE TO VETERANS WHO DIE. 
(a) TREATMENT.—Section 3680(e) is amended— 
(1) bv striking out "(e) If and inserting in lieu thereof 
"(eXl) SuDject to paragraph (2), iT; and 
(2) by adding at the end the following new paragraph: 
"(2) Paragraph (1) shall not apply to the recovery of an overpay-
ment of an educational allowance or subsistence allowance advance 
payment to an eligible veteran or eligible person who fails to enroll 
in or pursue a course of education for which the payment is made 
if such failure is due to the death of the veteran or person.". 
(b) TECHNICAL AMENDMENT.—Section 3680(eXl) (as amended 
by subsection (a)) is further amended by striking out "eligible per-
son," and inserting in lieu thereof "eligible person . 
SEC. 316. BAR OF ASSISTANCE FOR PERSONS WHOSE EDUCATION IS 
PAID FOR AS FEDERAL EMPLOYEE TRAINING. 
Section 3681(a) is amended by striking out "and whose full 
salary is being paid to such person while so training". 
SEC. 316. REVISION IN MEASUREMENT OF COURSES. 
(a) IN GENERAL.—Section 3688 is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking out "thirty hours" 
and all that follows through "full time" and inserting in 
lieu thereof "22 hours per week of attendance (excluding 
supervised study) is required, with no more than 2V2 hours 
of rest periods per week allowed"; 
(B) in paragraph (2), by striking out "twenty-five hours" 
and all that follows through "full time" and inserting in 
lieu thereof "18 hours per week net of instruction (excluding 
supervised study but which may include customary inter-
v£us not to exceed 10 minutes between hours of instruction) 
is required"; 
(C) in paragraph (4)— 
(i) by strilung out "in residence"; and 
note. 
106 STAT. 4334 
PUBLIC LAW 102-568—OCT. 29, 1992 
(ii) by inserting ", other than a course pursued 
as part of a program of education beyond the bacca-
laureate level, after "semester-hour basis"; 
(D) in paragraph (6), by striking out ''3491(aX2r and 
inserting in lieu thereof ''3034(aX3), 3241(aX2) or 3533(ar; 
and 
(E) by striking out paragraph (7) and all that follows 
to the end of the subsection and inserting in lieu thereof 
the following: 
"(7) an institutional course not leading to a standard college 
degree offered by an educational institution on a standard 
quarter- or semester-hour basis shall be measured as full time 
on the same basis as provided in paragraph (4) of this sub-
section, but if the educational institution offering the course 
is not an institution of higher learning, then in no event shall 
such course be considered full time when it requires less than 
the minimum weekly hours of attendance required for full 
time by paragraph (1) or (2) of this subsection, as appropriate."; 
(2) m subsection (b), by striking out "34" and inserting 
in lieu thereof "30, 32,"; and 
(3) by striking out subsections (c), (d), and (e). 
(b) INDEPENDENT STUDY.—Section 3532(c) is amended by strik-
ing out paragraphs (3) and (4). 
^
8 ysc 3532 
(c) E
F
F
E
C
T
I
V
E D
A
T
E
.
—
^
T
h
e amendments made by this section 
apply to enrollments in coiu'ses beginning on or after July 1, 1993. 
SEC. 317. CLARIFICATION OF PERMITTED CHANGES IN PROGRABfS OF 
EDUCATION. 
Subsection (d) of section 3691 is amended to read as follows: 
"(d) For the purposes of this section, the term 'change of pro-
gram of education' shall not be deemed to include a change by 
a veteran or eligible person from the pursuit of one program to 
the pursuit of another program if— 
"(1) the veteran or eligible person has successfully com-
pleted the former program; 
"(2) the pro-am leads to a vocational, educational, or 
professional objective in the same general field as the former 
program; 
"(3) the former program is a prerequisite to, or generally 
required for, pursuit of the subsequent program; or 
"(4) in the case of a change from the pursuit of a subsequent 
program to the pursuit of a former program, the veteran or 
eU^ble person resumes pursuit of the former program without 
loss of credit or standing m the former program.". 
SEC. 318. AUTHORITY OF MEMBERS OF SELECTED RESERVE TO 
RECEIVE TUTORIAL ASSISTANCE. 
Section 2131 of title 10, United Stetes Code, is amended by 
adding at the end the following new subsection: 
"(hXlXA) Subject to subparagraph (B), the Secretary of Veter-
ans Affairs shall approve inoividuahzed tutorial assistance for any 
person entitled to educational assistance under this chapter who— 
"(i) is enrolled in and pursuing a postsecondary course 
of education on a half-time or more basis at an educational 
institution; and 
"(ii) has a deficiency in a subject required as a part of, 
or which is prerequisite to, or which is indispensable to the 
satisfactory pursuit of, the program of education. 
PUBLIC LAW 102-568—OCT. 29, 1992 
106 STAT. 4335 
"(B) The Secretary of Veterans Affairs shall not approve individ-
ualized tutorial assistance for a person pursuing a program of 
education under this paragraph unless such assistance is necessary 
for the person to successfully complete the program of education. 
"(2XA) Subject to subparagraph (B), the Secretary concerned, 
through the Secretary of Veterans Affairs, shall pay to a person 
receiving individualized tutorial assistance pursuant to paragraph 
(1) a tutorial assistance allowance. The amount of the allowance 
payable under this paragraph may not exceed $100 for any month, 
nor aggregate more than $1,200. The amount of the allowemce 
paid imder this paragraph shall be in addition to the amount 
of educational assistance allowance payable to a person under this 
chapter. 
"(B) A tutorial assistance allowance may not be paid to a 
person under this p£u*agraph until the educational institution at 
which the person is enrolled certifies that— 
"(i) the individualized tutorial assistance is essential to 
correct a deficiency of the person in a subject required as 
a part of, or which is prerequisite to, or which is indispensable 
to the satisfactory pursuit of, an approved program of education; 
"(ii) the tutor chosen to perform such assistance is qualified 
to provide such assistance and is not the person's parent, 
spouse, child (whether or not married or over eighteen years 
of age), brother, or sister; and 
"(iii) the charges for such assistance do not exceed the 
customary charges for such tutorial assistance. 
"(3XA) A person's period of entitlement to educational assist-
ance under tnis chapter shall be charged only with respect to 
the amount of tutorial assistance paid to the person imder this 
subsection in excess of $600. 
"(B) A person's period of entitlement to educational assistance 
under this chapter shall be charged at the rate of one month 
for each amount of assistance paid to the individual under this 
section in excess of $600 that is equal to the amount of the monthly 
educational assistance allowance which the person is otherwise 
eligible to receive for full-time pursuit of an institutional course 
under this chapter.". 
SEC. 319. REQUIREMENT 
OF 
ATTENDANCE 
CERTIFICATION 
IN 
APPRENTICESHIP PROGRAM UNDER THE MONTGOMERY 
GI BILL SELECTED RESERVE PROGRAM. 
Section 2136(b) of title 10, United States Code, is amended 
by striking out "1780(c),''. 
SEC. 320. TECHNICAL AMENDMENTS. 
(a) TITLE 10.—Chapter 106 of title 10, United States Code, 
is amended— 
(1) in section 2131(c)— 
(A) by striking out "section 1795 of title 38" in para-
graph (2) and inserting in lieu thereof "section 3695 of 
title 38"; 
(B) by striking out "of this subparagraph, his or her" 
in paragraph (3XBXii) and inserting in lieu thereof ", the 
individual's"; and 
(C) by striking out "of this paragraph." in paragraph 
(3XC) £Uid inserting in lieu thereof a period; 
(2) in section 2133(b)— 
106 STAT. 4336 
PUBLIC LAW 102-568—OCT. 29, 1992 
(A) by striking out "section 1431(f) of title 38" in para-
graph (2) and inserting in lieu thereof "section 3031(f) 
of title 38"; and 
(B) by striking out "section 1431(d) of title 38" in 
paragraph (3) and inserting in lieu thereof "section 3031(d) 
of title 38"; and 
(3) in section 2136 (as amended by section 319 of this 
Act), by striking out "sections 1670" in subsection (b) and 
all that follows through "1792)" and inserting in lieu thereof 
"sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of 
title 38 and the provisions of subchapters I and II of chapter 
36 of such title (with the exception of sections 3686(a), 3687, 
and 3692)". 
TITLE IV—VOCATIONAL REHABILITA-
TION AND PENSION PROGRAMS 
SEC. 401. PERMANENT AUTHORITY FOR PROGRAM OF VOCATIONAL 
REHABILITATION FOR CERTAIN SERVICE-DISABLED VET-
ERANS. 
(a) PROGRAM MADE PERMANENT.—(1) Subsection (aXD of sec-
tion 1163 is amended by striking out "during the program period" 
and inserting in lieu thereof "after January 31,1985,". 
(2) Subsection (aX2) of such section is amended to read as 
follows: 
"(2) For purposes of this section, the term 'quaUfied veteran' 
means a veteran who has a service-connected disability, or service-
connected disabilities, not rated as total but who has been awarded 
a rating of total disability by reason of inability to secure or follow 
a substantially gainful occupation as a result of such disability 
or disabilities.". 
(b) COUNSELING SERVICES.—Subsection (b) of such section is 
amended by striking out "During the program period, the Secretary" 
and inserting in lieu thereof "The Secretsuy". 
(c) NOTICE.—Subsection (cXD of sucn section is amended by 
striking out "during the program period" and all that follows 
through "(aX2XA)" and inserting in lieu thereof "after January 
31, 1985, of a rating of total disability described in subsection 
(aX2)". 
(d) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
**% 1163. Trial work periods and vocational rehabilitation for 
certain veterans with total disability ratings". 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 11 is amended to read as follows: 
"1163. Trial work periods and vocational rehabilitation for certain veterans with 
total disability ratings.". 
PUBLIC LAW 102-568—CX?r. 29, 1992 
106 STAT. 4337 
SEC. « « . EXTENSION OF PROGRAM OF VOCATIONAL TRAINING FOR 
CERTAIN PENSION RECIPIENTS. 
(a) EXTENSION OF PROGRAM.—Subsection (aXD of section 1524 
is amended to read as follows: 
"(aXD In the case of a veteran under age 45 who is awarded 
a pension during the program period, the Secretaxy shall, based 
on information on file with tiie Department of Veterans Affairs, 
make a preliminary finding whether such veteran, with the assist-
ance of a vocational training program under this section, has a 
good potential for achieving employment. If such potential is found 
to exist, the Secretaiy shall sohcit 
fi:t)m 
the veteran an application 
for vocational training under this section. If the veteran thereafter 
applies for such training, the Secretary shall provide the veteran 
with an evaluation, which may include a personal interview, to 
determine whether the achievement of a vocational goal is reason-
ably feasible.". 
(b) 
PROGRAM 
EXTENSION.—Section 
1524(a) 
is fiu*ther 
amended— 
(1) by strikinjg out paragraph (3); and 
(2) by redesignating paragraph (4) as paragraph (3) and 
in that paragraph striking out "December 31, 1992" and insert-
ing in lieu thereof "December 31,1995". 
(c) C
O
N
F
O
R
M
I
N
G AMENDMENTS.—(1) Section 1524(bX4) is 
amended by striking out "January 31, 1992" and inserting in lieu 
thereof"December31,1995". 
(2XA) The heading of such section is amended to read as 
follows: 
*
*
§ 1524. Vocational training for certain pension recipients". 
<B) The item relating to such section in the table of sections 
at the beginning of chapter 15 is amended to read as follows: 
"1524. Vocational training for certain pension recipients.". 
SEC. 403. PERMANENT AUTHORITY FOR PROTECTION OF HEALTH-
CARE EUGIBILITY FOR CERTAIN PENSION RECIPIENTS. 
(a) PERMANENT PROTECTION.—Section 1525 is amended— 
(1) in subsection (a), by striking out "during the program 
period" and inserting in lieu thereof "afier January 31, 1985,"; 
and 
(2) by striking out subsection (b) and inserting in lieu 
thereof the following: 
"(b) For purposes ofthis section, the term'terminated by reason 
of income 
fin:>m 
work or training* means terminated as a result 
of the veteran's receipt of earnings firom activity performed for 
renumeration or with gain, but only if the veteran^ annual income 
firom sources other than such earnings would, taken alone, not 
result in the termination of the veteran's pension.". 
(b) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
106 STAT. 4338 
PUBLIC LAW 102-568—OCT. 29, 1992 
*
*
§ 1625. Protection of health-care eligibility^. 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 15 is amended to read as follows: 
"1525. Protection of health-care eligibility.". 
SEC. 404. VOCATIONAL REHABILITATION FOR CERTAIN SERVICE-DIS-
ABLED VETERANS WITH SERIOUS EMPLOYMENT HANDI-
CAPS. 
(a) VOCATIONAL REHABILITATION.—Section 3102 is amended to 
read as follows: 
^§3102. Basic entitlement 
"A person shall be entitled to a rehabilitation program imder 
the terms and conditions of this chapter i
f
— 
"(1) the person— 
**(A)is— 
"(i) a veteran who has a service-connected disabil-
ity which is, or but for the receipt of retired pay would 
be, compensable at a rate of 20 percent or more under 
chapter 11 of this title and which was incurred or 
aggravated in service on or after September 16, 1940; 
or 
"(ii) hospitalized or receiving outpatient medical 
care, services, or treatment for a service-connected 
disability pending discharge from the active military, 
naval, or air service, and the Secretary determines 
that^ 
' . , , . . 
"(I) the hospital (or other medical facility) 
providing the hospitalization, care, services, or 
treatment is doing so imder contract or agreement 
with the Secretary concerned, or is under the juris-
diction of the Secretary of Veterans Affairs or the 
Secretary concerned; and 
"(11) the person is suffering from a disability 
which will likely be compensable at a rate of 20 
percent or more under chapter 11 of this title; 
and 
"(B) is determined by the Secretary to be in need 
of rehabilitation because of an emplojonent handicap; 
or 
"(2) the person is a veteran who— 
< 
"(A) has a service-connected disability which is, or 
but for the receipt of retired pay would be, compensable 
at a rate of 10 percent under chapter 11 of tnis title 
and which was incurred or aggravated in service on or 
after September 16,1940; and 
"(B) has a serious employment handicap.". 
38 use 3102 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
note. 
ghall take effect on October 1,1993. 
SEC. 40S. INCREASE IN SUBSISTENCE ALLOWANCE FOR VETERANS 
PARTICIPATING IN A REHABILITATION PROGRAM. 
(a) INCREASE.—Section 3108(b) is amended by striking out the 
table at the end and inserting in Ueu thereof the following new 
table: 
'Alumni 
lype of program 
Institutional 
training: 
Full'time .. 
Three-
quarter-time 
Half-time .. 
Farm coopera-
tive, appren-
tice, or other 
on-job train-
ing: 
Full-time .. 
Extended eval-
uation: 
Full-time .. 
Independent 
living train-
ing: 
Full-time .. 
Three-
quarter-time 
Half-time .. 
PUBLIC LAW 102-568—OCT. 29, 1992 
106 STAT. 
Column n 
Node-
pendents 
$366 
275 
184 
320 
366 
366 
275 
184 
Column ni 
One de-
pendent 
$454 
341 
228 
387 
454 
454 
341 
228 
Column IV 
Two de-
pendents 
$535 
400 
268 
446 
535 
535 
400 
268 
Column V 
More than two dependents 
The amount in column IV, 
plus the following for each 
dependent in excess of two: 
$39 
30 
ao 
29 
39 
39 
30 
20". 
4339 
(b) CoST-OF-LiviNG INCREASE.—Such section is 
further 
amended— 
(1) by inserting "(l)" after "(b)"; and 
(2) by adding at the end the following new paragraphs: 
"(2) With respect to the fiscal year beginning on October 1, 
1994, the Secretary shall provide a percentage increase in the 
monthly rates payable under paragraph (1) of this subsection equal 
to the percentage by which the Consumer Price Index (all items. 
United States city average published by the Bureau of Labor Statis-
tics) for the 12-month period ending June 30, 1994, exceeds such 
Consumer Price Index for the 12-month period ending June 30, 
1993. 
"(3) With respect to any fiscal year beginning on or 
after October 1, 1995, the Secretary shall continue to pay, in 
Ueu of the rates payable under paragraph (1) of this subsection, 
the monthly rates payable under this subsection for the previous 
fiscal year and shall provide, for any such fiscal year, a percentage 
increase in such rates equal to the percentage by which— 
"(A) the Consumer Price Index (all items. United States 
city average) for the 12-month period ending on June 30 preced-
ing the beginning of the fiscal year for which the increase 
is made, exceeds 
"(B) such Consumer Price Index for the 12-month period 
preceding the 12-month period described in subparagraph (A).". 
(c) EFFECTIVE DATE.—The amendments made by subsections 
(a) and (b) shall take effect on October 1,1993. 
38 u s e 3108 
note. 
106 STAT. 4340 
PUBLIC LAW 102-568—OCT. 29, 1992 
TITLE V-^OB COUNSELING, TRAINING, 
AND PLACEMENT SERVICES FOR VET-
ERANS 
SEC. 501. BIPROVEMENT OF DISABLED VETERANS' OUTREACH PRO-
GRAM. 
Section 4103A(aXl) is amended in the first sentence by striking 
out "specialist for each 5,300 veterans" and all that follows through 
the end of the sentence and inserting in lieu thereof "specialist 
for each 6,900 veterans residing in such State who are either 
veterans of the Vietnam era, veterans who first entered on active 
duty as a member of the Armed Forces after May 7, 1975, or 
disabled veterans.". 
SEC. 502. REPEAL OF DELIMITING DATE RELATING TO TREATMENT 
OF VETERANS OF THE VIETNAM ERA FOR DISABLED VET-
ERANS'OUTREACH PROGRAM PURPOSES. 
Section 4211(2) is amended— 
(1) in subparagraph (A), by striking out "(A) Subject to 
subparagraph (B) of this paragraph, the term" and inserting 
in lieu thereof "The term"; and 
(2) by striking out subparagraph (B). 
SEC. 503. DISABLED VETERANS' OUTREACH PROGRAM PRIORITIES. 
Subparagraph (A) of section 4103A(bXl) is amended to read 
as follows: 
"(A) Services to special disabled veterans.". 
SEC. 504. REPEAL OF REQUIREMENT THAT TO BE REPRESENTED ON 
ADVISORY COMMITTEE ON VETERANS EMPLOYMENT AND 
TRAINING A VETERANS ORGANIZATION MUST HAVE A FED-
ERAL CHARTER. 
Section 4110(cXlXA) is amended by striking out "are chartered 
by Federal law and". 
SEC. 506. EXPANSION AND EXTENSION OF VETERANS READJUSTMENT 
APPOINTMENTS WITH THE FEDERAL GOVERNMENT. 
(a) EXPANSION TO INCLUDE ALL VIETNAM ERA VETERANS.— 
Section 4214(bX2XA) is amended to read as follows: 
"(A) a veteran of the Vietnam era; and". 
(b) 
EXTENSION 
WITH 
FEDERAL 
GOVERNMENT.—Section 
4214(bX3) of title 38, United States Code, is amended— 
(1) in subparagraph (AXii), by striking out "December 31, 
1993" and inserting in lieu thereof "December 31, 1995"; and 
(2) in subparagraph (BXii), by striking out "December 18" 
and inserting in lieu thereof "December 31". 
SEC. 506. REDESIGNATION OF SECTIONS OF CHAPTER 43. 
(a) REDESIGNATION OF SECTIONS TO CONFORM TO CHAPTER 
NUMBER.—Sections 2021, 2022, 2023, 2024, 2025, 2026, and 2027 
are redesignated as sections 4301, 4302, 4303, 4304, 4305, 4306, 
and 4307, respectively. 
(b) TABLES OF SECTIONS.—The table of sections at the beginning 
of chapter 43 is revised so as to conform the section reference 
in the table to the redesignations made by subsection (a). 
PUBLIC LAW 102-568—OCT. 29, 1992 
106 STAT. 4341 
(c) CROSS REFERENCES.—<1) Section 4322 (as redesignated by 
subsection (a)) is amended— 
(A) by striking out ''2021(a)'' and inserting in lieu thereof 
"4321(ar; and 
(B) by striking out "2024" and inserting in lieu thereof 
"4324". 
(2) Section 4323 (as redesignated b^ subsection (a)) is amended 
by striking out "2021(a)" each place it appears and inserting in 
Keu thereof "4321(a)". 
(3) Section 4324 (as redesignated b^ subsection (a)) is amended 
by striking out "2021(a)" each place it appears and inserting in 
lieu thereof "4321(a)". 
(4) Section 1204(aXl) of title 5, United States Code, is amended 
by striking out "2023" and inserting in lieu thereof "4323". 
(5) Section 706(c) of title 10, United States Code, is amended 
by striking out "2021" and inserting in lieu thereof "4321". 
(6) Any reference in a provision of law to a section redesignated ^
^ use 4301 
by subsection (a), other than a provision specified in paragraphs "°**-
(1) through (5) of this subsection, shall be deemed to refer to 
the section as so redesignated. 
(d) COORDINATION WITH OTHER ACT.—If the Uniformed Serv-
ices Employment and Reemployment Rights Act of 1992 is enacted 
before this Act, this section, including the amendments made by 
this section, shall not take effect. If the Uniformed Services Employ-
ment and Reemployment Rights Act of 1992 is enacted after this 
Act, this section, and the amendments made by this section, shall 
be treated for all purposes as not having been enacted, and the 
provisions of title 38, United States Code, shall read as if those 
amendments had not been made. 
TITLE VI—OTHER VETERANS' 
PROGRAMS 
SEC. 601. EXTENSION OF LIMITATION ON PENSION FOR VETERANS 
RECEIVING MEDICAID-COVERED NURSING HOME CARE; 
APPUCABILITY TO SURVIVING SPOUSES; AND FACILITY 
EXPENSES. 
(a) REDUCTION IN PENSION.—Section 5503(0 is amended— 
(1) by redesignating paragraphs (5) and (6) as paragraph 
(6) and (7), respectively; and 
(2) by inserting after paragraph (4) the following new para-
graph (5): 
"(5) The provisions of this subsection shall apply with respect 
to a surviving spouse having no child in the same manner as 
they apply.to a veteran having neither spouse nor child.". 
(b) EXTENSION.—Such section is further amended by striking 
out "September 30, 1992" in paragraph (7) (as redesignated by 
subsection (aXD) and inserting in lieu thereof "September 30, 1997 . 
(c) FACIUTY EXPENSES.—Section 5503(aXlXB) is amended by 
adding at the end thereof the following: "Effective through Septem-
ber 30, 1997, any amoimt in excess of $90 per month to which 
the veteran would be entitled but for the application of the preceding 
sentence shall be deposited in a revolving fund at the Department 
medical facility which furnished the veteran nursing care, and 
such amount shall be available for obligation without fiscal year 
Umitation to help defray operating expenses of that facility.". 
106 STAT. 4342 
PUBLIC LAW 102-568—OCT. 29, 1992 
38 use 5503 
(d) EFFECTIVE DATES.—^The amendments made by subsection 
note. 
(a) shall take effect on October 1, 1992, and shall apply with 
respect to months after September 1992. The amendment made 
by subsection (c) shall take effect on November 1, 1992, and shall 
apply with respect to months after October 1992. 
SEC. 602. EXTENSION OF AUTHORITY TO CARRY OUT INCOME VER-
IFICATION. 
(a) TITLE 38.—Section 5317(g) is amended by striking out 
"September 30, 1992" and insertmg in Ueu thereof "September 
30,1997". 
(b) INTERNAL REVENUE CODE OF 1986.—(1) Subparagraph (D) 
26 use 6103. 
of section 6103(1X7) of the Internal Revenue Code of 1986 is 
amended by striking out "September 30, 1992" in the last sentence 
and inserting in lieu thereof September 30,1997". 
(2) Clause (viii) of such subparagraph is amended— 
(A) in subclause (II), by striking out "section 415" and 
inserting in lieu thereof "section 1315"; and 
(B) m subclause (III), by striking out "section 61(KaXlXI), 
610(aX2), 610(b), and 612(aX2XB)" and inserting in lieu thereof 
"sections 1710(aXlXI), 1710(aX2), 1710(b), and 1712(aX2XB)". 
SEC. 603. ACCESS TO INFORMATION NECESSARY FOR THE ADMINIS-
TRATION OF CERTAIN VETERAN BENEFITS LAWS. 
(a) ACCESS.—Section 1113 of the Right to Financial Privacy 
Act of 1978 (12 U.S.C. 3413) is amended by adding at the end 
the following new subsection: 
"(pXD Nothing in this title shall apply to the disclosure by 
the financial institution of the name and address of any customer 
to the Department of Veterans Affairs where the disclosure of 
such information is necessary to, and such information is used 
solely for the purposes of, the proper administration of benefits 
programs imder laws administered by the Secretary. 
"(2) Notwithstanding any other provision of law, any request 
authorized by paragraph (1) (and the information contained therein) 
may be used by the financial institution or its agents solely for 
the purpose of providing the customer's name and address to the 
Department of^ Veterans Affairs and shall be barred from 
remsclosure by the financial institution or its agents.". 
(b) PRIVACY SAFEGUARDS.—(1) Chapter 53 is amended by adding 
at the end the following new section: 
*
*
§ 5319. Limitations on access to financial records 
"(a) The Secretary may make a request referred to in section 
1113(p) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 
3413(p)) only if the Secretary determines that the requested 
information— 
"(1) is necessary in order for the Secret£iry to administer 
the provisions of law referred to in that section; and 
"(2) cannot be secured by a reasonable search of records 
and information of the Department. 
"(b) The Secretary shall include a certification of the determina-
tions referred to in subsection (a) in each request presented to 
a financial institution. 
"(c) Information disclosed pursuant to a request referred to 
in subsection (a) may be used solely for the purpose of the adminis-
tration of benefits programs under laws administered by the Sec-
retary if, except for the exemption in subsection (a), the disclosure 
PUBLIC LAW 102-568—OCT. 29, 1992 
106 STAT. 4343 
of that information would otherwise be prohibited by any provision 
of the Rijrfit to Financial Privacy Act of 1978.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"5319. Limitations on access to financial records.". 
SEC. 604. EXTENSION OF EXPIRING COST-RECOVERY AUTHORITY. 
Section 1729(aX2XE) is amended by striking out "October 1, 
1993" and inserting in lieu thereof "August 1,1994^. 
SEC. 606. EXCLUSION FOR LOW-INCOME VETERANS FROM MEDICA-
TION COPAYMENT REQUIREMENT. 
(a) EXCLUSION.—Section 1722A(a) is amended— 
(1) by striking out "(other than" and all that follows through 
"or more"; and 
(2) by adding at the end the following: 
"(3) Paragraph (1) does not apply— 
"(A) to a veteran with a service-connected disability rated 
50 percent or more; or 
"(B) to a veteran whose annual income (as determined 
under section 1503 of this title) does not exceed the maximum 
annual rate of pension which would be payable to such veteran 
if such veteran were eligible for pension under section 1521 
of this title.". 
(b) EFFECTIVE DATE.—^The amendments made by subsection 
(a) shall apply with respect to medication furnished after the date 
of the enactment of this Act. 
SEC. 606. EXTENSION OF COPAYMENT PROGRAMS. 
(a) MEDICATION COPAYMENT REQUIREMENT.—Section 1722A(c) 
is amended by adding at the end the following new sentence: 
"Notwithstanding the preceding sentence, the provisions of sub-
section (a) shall he in effect through September 30,1997.". 
(b) 
HEALTH-CARE 
CATEGORIES AND COPAYMENTS.—Section 
8013(e) of the Omnibus Budget Reconciliation Act of 1990 (Public 
Law 101-508) is amended by adding at the end the following 
new sentence: "Notwithstanding the preceding sentence, the 
amendments made by this section shall be in effect through Septem-
ber 30,1997.". 
Approved October 29, 1992. 
38 u s e 1722A 
note. 
38 u s e 1710 
note. 
Termination 
date. 
L E G I S L A T I V E H I S T O R Y — H E . 5008: 
HOUSE REPORTS: No. 102-753, Pt. 1 (Comm. on Veterans' Affairs) and Pt. 2 
(Comm. on Ways and Means). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Aug. 10, considered and passed House. 
Sept. 22, considered and passed Senate, amended. 
Oct. 3, House concurred in Senate amendments with amendments. 
Oct. 7, Senate concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 29, Presidential statement. 
59-194 O—93 
23:QL3(Pt. 5)