An Act to provide additional readjustment assistance to veterans who served in the Armed Forces during the Vietnam era, and for other purposes
PL 90-77 (S.16), enacted 08/31/1967

178 
PUBLIC LAW 90-77-AUG. 31, 1967 
[81 STAT. 
August 31, 1967 
[S. 16] 
Veterans' Pen-
sion and Read-
justment Assist-
ance Act of 1967. 
72 Stat. 1119; 
73 Stat. 435. 
72 Stat. 1109. 
Public Law 90-77 
AN ACT 
To amend title 38 of the United States Code in order to increase the rates of 
pension payable to certain veterans and their widows, to provide additional 
readjustment assistance for veterans of service after January 31, 1955, and 
for other purposes. 
Be it enacted hy the Senate and House of Revresentatlves 
of the 
United, States of America in Congress assembled^ 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Veterans' Pension and 
Readjustment Assistance Act of 1967". 
TITLE I—PENSION BENEFITS 
ENLARGING WIDOWS' ELIGIBILITY FOR 
BENEFITS 
SEC. 101. (a) Paragraphs (2) and (3) of sections 302(a),404,532(d), 
534 (c), 536 (c), and 541 (e) of title 38, United States Code, are amended 
to read as follows: 
" (2) for one year or more; or 
" (3) for any period of time if a child was born of the marriage, 
or was born to them before the marriage." 
(b) Subsection 103(a) of title 38, United States Code, is amended 
by striking out "cohabitated with him for five or more years imme-
diately before his death," and inserting in lieu thereof "cohabited 
with him for one year or more immediately before his death, or 
for any period of time if a child was born of the purported marriage 
or was born to them before such marriage,". 
72 Stat. 1134. 
73 Stat. 432. 
78 Stat. 1094. 
PERMANENT AND TOTAL DISABILITY AT AGE SIXTY-FIVE; 
AID 
AND 
ATTENDANCE ALLOWANCE FOR PERSONS I N NURSING HOMES 
SEC. 102. (a) Subsection (a) of section 502 of title 38, United States 
Code, is amended by inserting immediately after "disabled if he is" 
the following: "sixty-five years of age or older or". 
(b) Subsection (b) of such section 502 is amended by inserting 
"(1) a patient in a nursing home or (2)" immediately after "if 
he is". 
EXCLUSIONS FROM A N N U A L 
INCOME 
SEC. 103. (a) Paragraph (7) of section 503 of title 38, United 
States Code, is amended by inserting immediately after "amounts 
paid by" the following: "a wife of a veteran for the expenses of his 
last illness, and by". 
(b) Paragraph (9) of such section 503 is amended by inserting 
" (A)" immediately after "amounts paid" and by inserting the follow-
ing immediately before the semicolon at the end thereof: "or (B) 
by a widow or a wife of a veteran for the last illness and burial of 
a child of such veteran". 
81 STAT.] 
PUBLIC LAW 90-77-AUG. 31, 1967 
179 
J'KNSIOX INCREASES FOR VETERANS OF WORLD WAR I. WORLD WAR 11, AND 
T H E KOREAN CONFLICT 
SEC. 104. (a) The table in subsection (b) of section 521 of title 88, ^ ^necte^disa 
I iiited States Code, is amended to appear as follows: 
bin"y.''^ 
78 Stat. 1094. 
"Column I 
Annual income 
Equal to or 
More than— 
but 
less than— 
$600 
1, 200 
$600 
1,200 
1, 800 
Column II 
$104 
79 
45". 
(b) The table in subsection (c) of such section .521 is amended to ^^^^^J^l' ""'^^^ 
^ 
' 
o 1^ 
dependents. 
appear as lollows: 
"Column I 
Annual income 
More 
Equal to or 
than— 
but less than— 
$1, 000 
2,000 
$1, 000 
2,000 
3,000 
Column II 
One 
dependent 
$109 
84 
50 
Column III 
Two 
dependents 
$114 
84 
50 
Column IV 
Three 
or more 
dependents 
$119 
84 
50". 
(c) Subsection (e) of such section 521 is amended by striking out 
•-$85" and inserting in lieu thereof "$40". 
Housebound 
veterans. 
78 Stat. 1095. 
TENSION INCREAS1<:S FOR WIDOWS OF VETERANS OF WARS BEFORE WORLD 
WAR I 
SEC. 105. Sections 531, .532(a) (2), 534(a) (2), and 536(a) of title 
.•')8, United States Code, are each amended by striking out "$65" and 
^2 stat. 1137. 
inserting in lieu thereof in each such section "$T0". 
TENSION INC^REASES FOR WIDOWS OF VETERANS OF WORLD WAR I , WORLD 
WAR I I , AND T H E KOREAN CONFLICT 
SEC. 106. (a) The table in subsection (b) of section 541 of title 38, 
United States Code, is amended to appear as follows: 
"Column I 
Annual income 
Equal to or 
More than— 
but 
less than— 
$600 
1,200 
$600 
1, 200 
1,800 
Column II 
$70 
51 
29". 
78 Stat. 1095. 
180 
78 Stat. 1095. 
PUBLIC LAW 90-77-AUG. 31, 1967 
[81 STAT. 
73 Stat. 435. 
78 Stat. 1095. 
38 u s e 531 et 
seq. 
73 Stat. 436. 
38 u s e 521 
note. 
78 Stat. 504. 
(b) The table in subsection (c) of such section 541 is amended to 
appear as follows: 
"Column I 
Annual income 
Equal to or 
More than— 
but 
less than— 
$1, 000 
2,000 
$1, 000 
2,000 
3,000 
Column II 
$86 
67 
45". 
(c) Subsection (d) of such section 541 is amended by striking out 
"$15" and inserting in lieu thereof "$16". 
PENSION INCREASES FOR CHILDREN OF DECEASED VETERANS OF WORLD WAR 
I, WORLD WAR I I , AND T H E KOREAN 
CONFLICT 
SEC. 107. Subsection (a) of section 542 of title 38, United States 
Code, is amended by striking out "$38" and "$15" and inserting in 
lieu thereof "$40" and "$16", respectively. 
AID AND ATTENDANCE ALLOWANCE 
FOR WIDOWS 
OF VETERANS 
OF ALL 
PERIODS OF WAR 
SEC 108. (a) Subchapter I I I of chapter 15 of title 38, United States 
Code, is amended by adding at the end thereof the following: 
"WIDOWS OF VETERANS OF ALL PERIODS OF WAR 
"§ 544. Aid and attendance allowance 
"If any widow is entitled to pension under this subchapter and is in 
need of regular aid and attendance, the monthly rate of pension pay-
able to her shall be increased by $50." 
(b) The analysis of such subchapter III, after the heading of such 
chapter, is amended by adding at the end thereof the following: 
"Widows of Veterans of All Periods of War 
"544. Aid and attendance allowance." 
(c) If any widow is entitled to pension under the first sentence of 
section 9(b) of the Veterans' Pension Act of 1959 and is in need ox 
regular aid and attendance, the monthly rate of pension payable to 
her shall be increased by $50. 
T H E R A P E U T I C A N D R E H A B I L I T A T I V E DEVICES FOR CERTAIN VETERANS 
SEC. 109. Subsection (b) of section 617 of title 38, United States 
Code, is amended by striking out "to any veteran" and all that fol-
lows through the end thereof and inserting in lieu thereof the follow-
ing : "to any veteran in receipt of pension under chapter 15 of this title 
based on need of regular aid and attendance." 
PENSION FOR " O L D L A W " VETERANS W H O ARE HOUSEBOUND 
SEC. 110. The Administrator of Veterans' Affairs shall pay to a 
veteran who is entitled to pension under the first sentence of section 9 
(b) of the Veterans' Pension Act of 1959 and who— 
72 Stat. 1136. 
81 STAT.] 
PUBLIC LAW 90-77-AUG. 31, 1967 
181 
(1) has, in addition to a disability rated as pennauent and total, 
additional disability or disabilities independently ratable at 60 per 
centum or more, or 
(2) by reason of his disability or disabilities, is permanently 
housebound but does not qualify for pension based on need of 
regular aid and attendance, 
in lieu of the pension otherwise j)ayable to him, a pension at the 
monthly rate of $100. 
AID 
AND 
ATTENDANCE 
ALLOWANCE 
INDIAN 
AND 
SPANISH 
AMERICAN 
WAR VETERANS 
SEC. 111. (a) Section 511(c) of title 38, United States Code, is 
74 stat. 545. 
amended by (1) inserting- "(1)'* immediately before "Any"; (2) in-
serting ", except as provided in paragraph (2)" immediately before 
the period at the end thereof; and (3) adding at the end thereof the 
following : 
" (2) The Administrator shall pay each month to each veteran of the 
Indian Wars who is receiving, or entitled to receive, pension based on 
a need of regular aid and attendance, whichever amount is greater 
(A) that provided by iJaragraph (2) of subsection (a) of this sec-
tion, or (B) that which is payable to the veteran under section 521 of 
this title if he has elected, or would be payable if he were to elect, to 
receive pension under such section pursuant to paragraph (1) of this 
subsection. P^ach change in the amount of pension payment required 
by this paragraph shall be eft'ective as of the hrst day of the month 
during which the facts of the particular case warrant such change, and 
shall be made without specific application therefor." 
(b) Section 512(a) (3) of title 38, United States Code, is amended by 
(1) inserting " ( A ) " immediately before "Any"; (2) inserting ", ex-
cept as provided in subparagraph (B)" immediately before the period 
at the end thereof; and (3) adding at the end thereof the following: 
"(B) The Administrator shall pay each month to each Spanish-
American War veteran who is receiving, or entitled to receive, pension 
based on a need of regular aid and attendance, whichever amount is 
greater (i) that provided by subparagraph (B) of subsection (a) (1) 
of this section, or (ii) that which is payable to the veteran under section 
521 of this title if he has elected, or would be payable if he were to elect, 
to receive pension under such section pursuant to subparagraph (A) of 
this paragraph. Each change in the amount of pension payment 
required by this subparagraph shall be effective as of the first day of 
the month during which the facts of the particular case warrant such 
change, and shall be made without specific application therefor." 
TITLE II—ADDITIONAL KEADJUSTMENT ASSISTANCE 
FOE VETERANS 
DEFINITIONS 
SEC. 201. (a) Paragraph (11) of section 101 of title 38, United 
States Code, is amended to read as follows: 
"(11) The term 'period of war' means the Spanish-American War, ^11^?^^°'^ °^ 
World War I, World War II, the Korean conflict, the Vietnam era, 
and the period beginning on the date of any future declaration of war 
by the Congress and ending on the date prescribed by Presidential 
proclamation or concurrent resolution of the Congress." 
(b) Such section is further amended by adding at the end thereof the 
the following new paragraph: 
74 Stat. 545. 
72 Stat. 1 107. 
182 
PUBLIC LAW 90-77-AUG. 31, 1967 
[81 STAT. 
"Vietnam era." 
«(29) The term 'Vietnam era' means the period beginning August 5, 
1964, and ending on such date as shall thereafter be determined by 
Presidential proclamation or concurrent resolution of the Congress." 
ELIGIBILITY FOR PENSION 
SEC, 202, (a) Subsection (a) of section 521 of title 38, United States 
72 Stat. 1136. 
Qode, is amended to read as follows: 
"(a) The Administrator shall pay to each veteran of World War I, 
World War II, the Korean conflict, or the Vietnam era, who meets the 
service requirements of this section, and who is permanently and totally 
disabled from non-service-connected disability not the result of the 
veteran's willful misconduct or vicious habits, pension at the rate pre-
scribed by this section," 
75^stat^*2it^-^' 
('^) Such section is further amended by amending subsection (g) to 
78 Stat! 1095. 
read as follows: 
''(g) A veteran meets the service requirements of this section if he 
served in the active military, naval, or air service— 
" (1) for ninety days or more during either World War I, World 
War II, the Korean conflict, or the Vietnam era; 
" (2) during World War I, World War II, the Korean conflict, 
or the Vietnam era, and was discharged or released from such 
service for a service-connected disability; 
"(3) for a period of ninety consecutive days or more and such 
period ended during World War I, or began or ended during 
World War II, the Korean conflict, or the Vietnam era; or 
"(4) for an aggregate of ninety days or more in two or more 
separate periods of service during more than one period of war." 
(c) The catchline of section 521 of title 38, United States Code, is 
amended to read as follows: 
"§ 521. Veterans of World War I, World War II, the Korean 
conflict, or the Vietnam era**. 
73 Stat. 434. 
((J) Subsectlou (a) of section 541 of title 38, United States Code, 
is amended to read as follows: 
"(a) The Administrator shall pay to the widow of each veteran of 
World War I, World War II, the Korean conflict, or the Vietnam era 
who met the service requirements of section 521 of this title, or who at 
the time of his death was receiving (or entitled to receive) compensa-
tion or retirement pay for a service-connected disability, pension at 
the rate prescribed by this section," 
(e) Paragraph (1) of subsection (e) of such section is amended to 
read as follows: 
"(1) before (A) December 14,1944, in the case of a widow of a 
World War I veteran, or (B) January 1, 1957, in the case of a 
widow of a World War I I veteran, or (C) February 1, 1965, in 
the case of a widow of a Korean conflict veteran, or (D) before the 
expiration of ten years following termination of the Vietnam era 
in the case of a widow of a Vietnam era veteran; or". 
(f) The catchline of section 541 of title 38, United States Code, is 
amended to read as follows: 
«§ 541. Widows of World War I, World War II, Korean conflict, 
or Vietnam era veterans". 
(g) Subsection (a) of section 542 of title 38, United States Code, is 
amended by striking out "or the Korean conflict" and inserting in lieu 
thereof "the Korean conflict, or the Vietnam era", 
(h) The catchline of section 542 of title 38, United States Code, is 
amended to read as follows: 
81 STAT.] 
PUBLIC LAW 90-77-AUG. 31, 1967 
183 
"§ 542. Children of World War I, World War II, Korean conflict, 
or Vietnam era veterans". 
(i) The table of sections at the beginning of chapter 15 of title 38, 
United States Code, is amended by striking out 
^^ ^^^ soi et 
"521. Veterans of World War I, World War II, or the Korean conflict." 
and substituting in lieu thereof 
"521. Veterans of World War I, World War II, the Korean conflict, or the Viet-
nam era."; 
by striking out the subheading 
"World War I, World War II and the Korean conflict" 
and substituting in lieu thereof 
"World War I, World War II, the Korean conflict, and the Vietnam era"; 
by striking out 
"541. Widows of World War I, World War II, or Korean conflict veterans." 
and substituting in lieu thereof 
"541. Widows of World War I, World War II, Korean conflict, or Vietnam era 
veterans."; 
and by striking out 
"542. Children of World War I, World War II, or Korean conflict veterans." 
and substituting in lieu thereof 
"542. Children of World War I, World War II, Korean conflict, or Vietnam era 
veterans." 
(j) Chapter 15 of title 38, United States Code, is amended by strik-
ing out the subheading "WORLD WAR I, WORLD WAR II, AND THE KOREAN 
CONFLICT" immediately preceding section 541 of such title, and sub-
stituting in lieu thereof "WORLD WAR I, WORLD WAR IT, THE KOREAN 
CONFLICT, A N D T H E VIETNAM E R A " . 
72 Stat. 1141. 
PRESUMPTION ; DRUGS AND MEDICINES 
SEC. 203. (a) Section 602 of title 38, United States Code, is amended 
to read as follows: 
"§ 602. Presumption relating to psychosis 
"For the purposes of this chapter, any veteran of World War II, the 
Korean conflict, or the Vietnam era who developed an active psychosis 
(1) within two yeai's after his discharge or release from the active 
military, naval, or air service, and (2) before July 26, 1949, in the 
case of a veteran of World War II, or February 1, 1957, in the case 
of a veteran of the Korean conflict, or before the expiration of two years 
following termination of the Vietnam era in the case of a Vietnam 
era veteran, shall be deemed to have incurred such disability in the 
active military, naval, or air service." 
(b) Subsection (h) of section 612 of title 38, United States Code, is 
78 stat. io96. 
amended to read as follows: 
"(h) The Administrator shall furnish to each veteran who is receiv-
ing additional compensation or allowance under chapter 11, or in- 
^s use soi et 
creased pension as a veteran of World War I, World War II, the 
Korean conflict, or the Vietnam era, by reason of being in need of 
regular aid and attendance, such drugs and medicines as may be 
ordered on prescription of a duly licensed physician as specific therapy 
in the treatment of any illness or injury suffered by such veteran." 
seq. 
184 
PUBLIC LAW 90-77-AUG. 31, 1967 
[81 STAT. 
72 Stat. 1215. 
SPEGIAIXY EQUIPPED AUTOMOBILES 
SEC. 204. (a) Section 1901 of title 38, United States Code, is amended 
by redesignating subsection (b) as subsection (c), and by adding after 
subsection (a) the following new subsection (b) : 
"(b) The benefits of this chapter shall also be made available to each 
veteran who is suffering from any disability described in subsection 
(a), if such disability is the result of an injury incurred or disease 
contracted in or aggravated by active military, naval, or air service 
after January 31,1955, and the injury was incurred or the disease was 
contracted in line of duty as a direct result of the performance of 
military duty." 
(b) Section 1905 of title 38, United States Code, is amended to read 
as follows: 
"§ 1905. Applications 
"The benefits of this chapter shall be made available to any veteran 
who meets the eligibility requirements of this chapter and who makes 
application for such benefits in accordance with regulations prescribed 
by the Administrator." 
TITLE III—EDUCATION AND TRAINING 
80 Stat. 18. 
Post, p. 185. 
Post, 
p. 186. 
EDUCATIONAL ASSISTANCE ALLOWANCES 
SEC. 301. (a) Paragraph (1) of section 1682(a) of title 38, United 
States Code, is amended by striking out "Except as provided in sub-
section (lb) or (c) (1)" and inserting in lieu thereof "Except as pro-
vided in subsection (b), (c) (1), or (d) of this section, or section 1677 
or 1683 of this title", and by striking out "column II, III, or IV" 
where it first appears therein and inserting in lieu thereof "column 
II, III, IV, or V". 
(b) The table contained in paragraph (1) of section 1682(a) of title 
38, United States Code, relating to educational assistance allowances, is 
amended to read as follows: 
"Column I 
Type of program 
Institutional: 
Full time.-
Three-quarter time__ 
Half time 
Cooperative 
Column 
II 
No de-
pend-
ents 
$130 
95 
60 
105 
Column 
III 
One de-
pend-
ent 
$155 
115 
75 
125 
Column 
IV 
Two de-
pend-
ents 
$175 
135 
85 
145 
Column V 
More than two 
dependents 
The amount in 
Column IV, 
plus the fol-
lowing for 
each depend-
ent in excess 
of two: 
$10 
7 
5 
7". 
(c) Section 1682(b) of such title is amended by striking out "$100" 
in clause (2) (B), and inserting in lieu thereof "$130". 
81 STAT.] 
PUBLIC LAW 90-77-AUG. 31, 1967 
185 
FLIGHT TRAINING 
SEC. 302. (a) Section 1673(b) of title 38, United States Code, is 
^o stat. le. 
amended to read as follows: 
"(b) Except as provided in section 1677 of this title, the Admin- 
^"''^• 
istrator shall not approve the enrollment of an eligible veteran in 
any course of flight training other than one given by an educational 
institution of higher learning for credit toward a standard college 
degree the eligible veteran is seeking." 
(b) Subchapter III of chapter 34, United States Code, is amended 
^^ s*^*- 12. 
by adding at the end thereof a new section as follows: 
1576. 
"§ 1677. Flight training 
"(a) The Administrator may approve the pursuit by an eligible 
veteran of flight training generally accepted as necessary for the attain-
ment of a recognized vocational objective in the field of aviation, subject 
to the following conditions: 
"(1) the eligible veteran must possess a valid private pilot's 
license or must have satisfactorily completed the number of hours 
of flight training instruction required for a private pilot's license, 
and meet the medical requirements necessary for a commercial 
pilot's license; and 
"(2) the flight school courses must meet the Federal Aviation 
Administration standards and be approved both by that Agency 
and the appropriate State approving agency. 
"(b) Each eligible veteran who is pursuing a program of education 
consisting exclusively of flight training approved as meeting the 
requirements of subsection (a) hereof, shall be paid an educational 
assistance allowance to be computed at the rate of 90 per centum of the 
established charges for tuition and fees which similarly circumstanced 
non-veterans enrolled in the same flight course are required to pay. 
Such allowance shall be paid quarterly upon receipt of a certification 
from the eligible veteran and the institution as to actual flight training 
received by, and the cost thereof to, the veteran during such quarter. 
In each such case the eligible veteran's period of entitlement shall be 
charged with one month for each $130 which is paid to the veteran as 
an educational assistance allowance for such course." 
(c) The analysis of subchapter I I I of chapter 34 is amended by 
inserting immediately after 
"1676. Education outside the United States." 
the following: 
"1677. Flight training." 
FARM COOPERATIVE TRAINING 
SEC. 303. (a) Section 1673(c) of title 38, United States Code, is 
amended by striking out "of apprentice or other training on the job, 
any course of institutional on-farm training, or any course". 
(b) Section 1682 of title 38, United States Code, is amended by 
8° stat. is. 
adding at the end thereof the following new subsection: 
"(d) An eligible veteran enrolled in an educational institution for a 
'farm cooperative' program consisting of institutional agricultural 
courses for a minimum of 12 clock hours per week, shall be eligible to 
receive an educational assistance allowance at the appropriate rate 
provided in the table in subsection (a) (1) of this section opposite 
^"^^' P ^
^
•
*
-
the word 'Cooperative' under Column I of such table, if such eligible 
veteran is concurrently engaged in agricultural employment which 
is relevant to such institutional agricultural courses as determined 
under standards prescribed by the Administrator." 
186 
PUBLIC LAW 90-77-AUG. 31, 1967 
[81 STAT. 
80 Stat. 12. 
38 u s e 1651 et 
seq. 
SO Stat. 665. 
Post, 
p. 187. 
APPRENTICESRIP OR OTHER ON-JOB 'GAINING 
SEC. 804. (a) Chapter 34 of title 38, United States Code, is amended 
by redesignating sections 1683, 1684, 1685, and 1686 as section 1684, 
1685, 1686, and 1687, respectively, and by inserting immediately after 
section 1682 thereof the following new section: 
"§ 1683. Apprenticeship or other on-job training 
"(a) Any eligible veteran may receive the benefits of this chapter 
while pursuing a full-time— 
" (1) program of apprenticeship approved by a State approving-
agency as meeting the standards of apprenticeship published by 
the Secretary of Labor pursuant to section 50a of title 29, United 
States Code, or 
"(2) program of other training on the job approved under the 
provisions of section 1777 of this title, 
subject to the conditions and limitations of this chapter with respect to 
educational assistance. 
"(b) The monthly training assistance allowance of an eligible vet-
eran pursuing a program described under subsection (a) shall be as 
follows: 
Definitions. 
80 Stat. 20. 
38 u s e 1770 
et seq-
80 Stat. 13. 
"Training 
establishment. 
50 Stat. 664. 
29 u s e 50, ; 
50b. 
77 Stat. 162. 
"Periods of training 
First 6 months. _ 
Second 6 months. _ 
Third 6 months 
Fourth and any succeeding 
6-month periods 
No 
dependents 
$80 
60 
40 
20 
One 
dependent 
$90 
70 
50 
30 
Two or more 
dependents 
$100 
80 
60 
40 
"(c) For purposes of this chapter and chapter 36 of this title, the 
terms 'program of apprenticeship' and 'program of other on-job train-
ing' shall have the same meaning as 'program of education'; and the 
term 'training assistance allowance' shall have the same meaning as 
'educational assistance allowance'." 
(b) The table of sections of chapter 34 of title 38, United States 
Code, is amended by striking out "1683" and all that follows and in-
serting in lieu thereof the following: 
"1683. Apprenticeship or other on-job training. 
"1684. Measurement of courses. 
"1685. Overcharges by educational institutions. 
"1686. Approval of courses. 
"1687. Discontinuance of allowances." 
(c) Section 1652 of title 38, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(e) For the purposes of this chapter and chapter 36 of this title, 
the term 'training establishment' means any establishment providing 
apprentice or other training on the job, including those under the 
suj)ervision of a college or university or any State department of edu-
cation, or any State apprenticeship agency, or any State board of voca-
tional education, or any joint apprenticeship committee, or the Bureau 
of Apprenticeship and Training established pursuant to chapter 4C 
of title 29, United States Code, or any agency of the Federal Govern-
ment authorized to supervise such training." 
(d) Chapter 36 of title 38, United States Code, is amended by 
redesignating sections 1777 and 1778 as sections 1778 and 1779, respec-
tively, and by inserting immediately after section 1776 the following 
new section: 
81 STAT.] 
PUBLIC LAW 90-77-AUG. 31, 1967 
187 
"§ 1777. Approval of training on the job 
"(a) Any State approving agency may approve a program of 
training on the job (other than a program of apprenticeship) only 
when it finds that the job which is the objective of the training is one in 
which progression and appointment to the next higher classification 
are based upon skills learned through organized training on the job 
and not on such factors as length of service and normal turnover, and 
that the provisions of subsections (b) and (c) of this section are met. 
"(b) The training establishment offering training which is de-
sired to be approved for the purposes of this chapter must submit to 
the appropriate State approvmg agency a written application for ap-
proval which, in addition to furnishing such information as is required 
by the State approving agency, contains a certification that— 
"(1) the wages to be paid the eligible veteran (A) upon entrance 
into training, are not less than w^ages paid nonveterans in the 
same training position and are at least 50 per centum of the w^ages 
paid for the ]ob for which he is to be trained, and (B) such wages 
will be increased in regular periodic increments until, not later 
than the last full month of the training period, they wdll be at 
least 85 per centum of the wages paid for the job for which such 
eligible veteran is being trained; and 
"(2) there is reasonable certainty that the job for which the 
eligible veteran is to be trained will be available to him at the 
end of the training period. 
"(c) As a condition for approving a program of training on the job sti'tl-a'^^^l\°" ^^ 
(other than a program of apprenticeship) the State approving agency agency. 
must find upon investigation that the following criteria are met: 
"(1) The training content of the course is adequate to qualify 
the eligible veteran for appointment to the job for which he is to 
be trained. 
"(2) The job customarily requires full-time training for a 
period of not less than six months and not more than two years. 
"(3) The length of the training period is not longer than that 
customarily required by the training establishments in the com-
munity to provide an eligible veteran with the required skills, 
arrange for the acquiring of job knowledge, technical informa-
tion, and other facts which the eligible veteran will need to learn 
in order to become competent on the job for which he is being 
trained, 
" (4) Provision is made for related instruction for the individual 
eligible veteran who may need it. 
"(5) There is in the training establishment adequate space, 
equipment, instructional material, and instructor personnel to 
provide satisfactory training on the job. 
"(6) Adequate records are kept to show the progress made by 
each eligible veteran toward his job objective. 
" (7) No course of training will be considered bona fide if given 
to an eligible veteran who is already qualified by training and 
experience for the job. 
" (8) A signed copy of the training agreement for each eligible 
veteran, including the training program and wage scale as ap-
proved by the State approving agency, is provided to the veteran 
and to the Administrator and the State approving agency by the 
employer. 
" (9) That the course meets such other criteria as may be estab-
lished by the State approving agency." 
188 
PUBLIC LAW 90-77-AUG. 31, 1967 
[81 STAT. 
38 us^c mo 
(^^ '^^^^ ^'^^^^ "* sections of chapter 36 of title 38, United States 
et seq. 
Code, is amended by striking out "1777" and all that follows through 
"Disapproval of courses." and inserting in lieu thereof the following: 
"1777. Approval of training on the job. 
'"1778. Notice of approval of courses. 
''1779. Disapproval of courses." 
DELIMITING PERIOD 
SEC. 805. Subsection (c) of section 1662 of title 38, United States 
Code is amended by adding at the end thereof the following new 
sentence: "In the case of any eligible veteran who was discharged or 
released from active duty before the date of enactment of this sentence 
and who pursues a course of farm cooperative training, apprentice-
ship or other training on the job, or flight training within the pro-
Ante, p. 185. 
visions of seotlou 1677 of this chapter, the eight-year delimiting period 
shall run from the date of enactment of this sentence, if it is later 
than the date which would otherwise be applicable," 
SPECIAL ASSISTANCE FOR T H E EDUCATIONALLY DISADVANTAGED 
SEC. 306. (a) Subchapter I I I of chapter 34 of title 38, United States 
Code, as amended by section 302(b) of this Act, is amended by adding 
at the end thereof the following new section: 
"§ 1678. Special training for the educationally disadvantaged 
"(a) In the case of any eligible veteran who— 
"(1) has not received a secondary school diploma (or an equiv-
alency certificate) at the time of his discharge from active duty, or 
"(2) in order to pursue a program of education for which he 
would otherwise be eligible, needs additional secondary school 
training, either refresher courses or deficiency courses, to qualify 
for admission to an appropriate educational institution, 
the Administrator may, without regard to so much of the provisions of 
section 1671 as prohibit the enrollment of an eligible veteran in a pro-
gram of education in which he is 'already qualified', approve the en-
rollment of such veteran in an appropriate course or courses; except 
that no enrollment in adult evening secondary school courses shall be 
approved in excess of half-time training as defined pursuant to section 
1684 of this title. 
"(b) The Administrator shall pay to an eligible veteran pursuing a 
course or courses pursuant to subsection (a) of this section, an educa-
tional assistance allowance as provided in sections 1681 and 1682 of this 
chapter. 
" (c) The educational assistance allowance authorized by this section 
shall be paid without charge to any period of entitlement the veteran 
may have earned pursuant to section 1661 (a) of this chapter." 
(b) (1) The analysis at the head of chapter 34, title 38, United States 
Code, as amended by section 302(c) of this Act, is amended by adding 
immediately after 
'•1677. Flight training." 
the following: 
'•1678. Special training for the educationally disadvantaged." 
(2) Section 1661(b) of title 38, United States Code, is amended by 
inserting immediately after "subsection (c)" the following: "and in 
^"P'^- 
section 1678 of this chapter". 
(c) Where the Administrator of Veterans' Affairs finds that an 
eligible veteran has since June 1, 1966, and prior to the enactment 
of this section, received educational assistance while pursuing a course 
81 STAT.] 
PUBLIC LAW 90-77-AUG. 31, 1967 
' 
189 
or courses of education to which he would have been entitled under 
section 1678 of title 38, United States Code, without charge to entitle-
ment, he may restore to the veteran any period of entitlement expend-
ed in the pursuit of such course or courses. 
PERIOD OF ELIGIBIUTY, WAR ORPHANS' EDUCATIONAL ASSISTANCE 
PROGRAM 
SEC. 307. (a) Section 1712(a) of title 38, United States Code, is 
amended by striking out "twenty-third birthday" each place where 
it appears therein and inserting in lieu thereof "twenty-sixth birth-
day". 
(b) In the case of any eligible person (within the meaning of sec-
tion 1701(a) (1) or 1765(a) of title 38, United States Code) who is 
made eligible for educational assistance under the provisions of 
chapter 35 of title 38, United States Code, solely by virtue of the 
amendments made by subsection (a) of this section, and who on the 
effective date of this Act is below the age of twenty-six years, the 
period referred to in section 1712 of such title shall not end with respect 
to such person until the expiration of the five-year period which begins 
on the effective date of this Act, excluding from such five-year period 
any period of time which may elapse between the date on which 
application for benefits of such chapter 35 is filed on behalf of such 
person and the date of final approval of such application by the 
Administrator of Veterans' Affairs; but in no event shall educational 
assistance under such chapter 35 be afforded to any eligible person 
beyond his thirty-first birthday by reason of this section. 
REPORTING FEE 
SEC. 308. (a) Section 1784 of title 38, United States Code, is 
amended by— 
(1) adding at the end of the catchline the following: "; 
reporting fee"; 
(2) striking out "Educational" at the beginning of such section 
and inserting in lieu thereof: "(a) Educational"; and 
(3) adding at the end thereof a new subsection (b) as follows: 
"(b) The Administrator may pay to any educational institution 
furnishing education under either chapter 34 or 35 of this title, a re-
porting fee which will be in lieu of any other compensation or reim-
bursement for reports or certifications which such educational institu-
tion is required to report to him by law or regulation. Such reporting 
fee shall be computed for each calendar year by multiplying $3 by the 
number of eligible veterans enrolled under chapter 34 of this title, 
plus the number of eligible persons enrolled under chapter 35 of this 
title, on October 31 of that year; except that the Administrator may, 
where it is established by the educational institution that eligible 
veteran plus eligible person enrollment on such date varies more than 
15 per centum from the peak eligible veteran plus eligible person 
enrollment in such institution during such calendar year, establish 
such other date as representative of the peak enrollment as may be 
justified for that institution. The reporting fee shall be paid to the 
educational institution as soon as feasible after the end of the calendar 
year for which it is applicable." 
(b) The table of sections at the head of chapter 36 of title 38, United 
States Code, is amended by striking out: 
"1784. Reports by institutions." 
and inserting in lieu thereof: 
"1784. Reports by institutions; reportinisr fee." 
Ante, p. 188. 
72 Stat. 1194. 
79 Stat. 1313; 
80 Stat. 861. 
38 use 
et seq. 
190 
* 
PUBLIC LAW 90-77-AUG. 31, 1967 
[81 STAT. 
TITLE IV—MISCELLANEOUS PROVISIONS 
STATUTORY AWARDS 
72 Stat. 1120. 
SEC. 401. Section 314(k) of title 38, United States Code, is amended 
to I'ead as follows: 
"(k) if the veteran, as the result of service-connected disability, has 
suffered the anatomical loss or loss of use of one or more creative 
organs, or one foot, or one hand, or both buttocks, or blindness of one 
eye, having only light perception, or has suffered complete organic 
aphonia with constant inability to communicate by speech, or deafness 
of both ears, having absence of air and bone conduction, the rate of 
compensation therefor shall be $47 per month for each such loss or loss 
of use independent of any other compensation provided in subsections 
(a) through (j) or subsection (s) of this section but in no event to 
exceed $400 per month; and in the event the veteran has suffered one 
or more of the disabilities heretofore specified in this subsection, in 
addition to the requirement for any of the rates specified in subsections 
(1) through (n) of this section, the rate of compensation shall be in-
creased by $47 per month for each such loss or loss of use, but in no 
event to exceed $600 per month;". 
BURIAL FLAGS TOR CERTAIN IN-SERVICE DEATHS 
75lt^t^\u.^^'' 
SEC. 402. Section 901 of title 38, United States Code, is amended by 
adding a new subsection " (d)" at the end thereof to read as follows: 
"(d) In the case of any person who died while in the active military, 
naval, or air service after May 27,1941, the Administrator shall furnish 
a flag to the next of kin, or to such other person as the Administrator 
deems most appropriate, if such next of kin or other person is not 
otherwise entitled to receive a flag under this section, or under section 
70A Stat. 113. 
1482(a) of title 10, United States Code." 
EXTENSION OF LOAN PROGRAM FOR CERTAIN WORLD WAR I I VETERANS 
SEC. 403. (a) The second sentence of section 1802(b) of title 38, 
75lt!S°2o\^°'*' 
United States Code, is amended by striking out "July 26, 1967" and 
inserting in lieu thereof "July 26,1970". 
(b) Clauses (i) and (ii) of section 1803(a)(3)(A) of such title 
are each amended by striking out "July 25, 1967" and inserting in 
lieu thereof "July 25,1970". 
(c) The World War II loan benefit entitlement of any veteran whose 
period of entitlement as computed under the provisions of section 
1803(a) (3) (A) of title 38, United States Code, as amended by this 
section, extended beyond July 25,1967, shall not be deemed to expire 
earlier than ninety days after the effective date of this section. 
INCREASE I N AMOUNT OF DIRECT LOANS 
gQ72^^tat.^i208; 
^EC. 404. (a) Sectiou 1811 (d) (2) of title 38, United States Code, is 
amended by inserting before the period at the end thereof the follow-
ing : "; except that the Administrator may increase the $17,500 limita-
tions specified in this paragraph to an amount not to exceed $25,000 
where he finds that cost levels so require". 
(b) Section 1811 (d) (3) of such title is amended by inserting before 
the period at the end thereof the following: "; except that the Admin-
istrator may increase such aggregate amount to an amount not to ex-
ceed $25,000 where he finds that cost levels so require". 
81 STAT.] 
PUBLIC LAW 90-78-AUG, 31, 1967 
191 
EFFECTIVE DATES 
SEC. 405. (a) Except as provided in subsections (b) and (c) of this 
section, this Act shall become effective on the first day of the first cal-
endar month which begins more than ten days after the date of en-
actment of this Act. 
(b) The amendments made by section 203 of this Act shall become 
effective upon enactment. 
(c) The amendments made by title II of this Act relating to the pay-
ment of burial benefits in the case of veterans of the Vietnam era shall 
become effective on the date of enactment of this Act. If the burial 
allowance authorized by section 902 of title 38, United States Code, is 8o^stat^*29^ '^^' 
[)ayable solely by virtue of the enactment of this Act, the two-year 
period for filing applications, referi-ed to in section 904 of such title 
38, shall not end, with respect to an individual whose death occurred 
^^ ^
*
^
*
- ^• 
prior to the enactment of this Act, before the expiration of the two-
year period which begins on the date of enactment of this Act, or, in 
any case involving the correction of a discharge after the date of 
enactment of this Act, before the expiration of two years from the 
date of such correction. 
Approved August 31, 1967. 
Public Law\90-78 
AN A C T 
August 31, 1967 
To amend the Internal Revenue Ck)de of 1954 to provide rules relating to the 
[H. R. 6O56] 
deduction for personal exemptions for children of parents who are divorced 
or separated. 
Income taxes. 
Exemptions for 
26 u s e 15 1. 
Be it enacted hy the Senate and House of Representatives 
of the 
Vnited States of America in Congress assembled^ That (a) section 
152 of the Internal Revenue Code of 1954 is amended by adding at the children ordl-
end thereof the following new subsection: 
''°68A^S^^'^ 4 3
^ 
"(e) 
SUPPORT TEST IN CASE or CHILD or DIVORCED PARENTS, ETC.— 
26 vsc isi.' 
" (1) GENERAL RULE.—If— 
"(A) a child (as defined in section 151(e)(3)) receives 
over half of his support, during the calendar year from his 
parents who are divorced or legally separated under a decree 
of divorce or separate maintenance, or who are separated 
under a written separation agreement, and 
"(B) such child is in the custody of one or both of his 
parents for more than one-half of the calendar year, 
such child shall be treated, for purposes of subsection (a), as 
receiving over half of his support during the calendar year from 
the parent having custody for a greater portion of the calendar 
year unless he is treated, under the provisions of paragraph (2), 
as having received over half of his support for such year from the 
other parent (referred to in this subsection as the parent not 
having custody). 
"(2) SPECIAL RULE.—The child of parents described in para-
graph (1) shall be treated as having received over half of his sup-
port during the calendar year from the parent not having cijstody 
if— 
"(A) (i) the decree of divorce or of separate maintenance, 
or a written agreement between the parents applicable to the 
taxable year beginning in such calendar year, provides that 
85-622 0-68—15