An Act to amend title 38 of the United States Code with respect to compensation and educational assistance for widows of veterans to make certain widows and children eligible for care in Veterans Administration hospitals, and to change the limitation of the periods of educational assistance available under part III of such title
PL 90-631 (H.R.16025), enacted 10/23/1968

82 STAT. ] 
PUBLIC LAW 90-631-OCT. 23, 1968 
1331 
Public Law 90-631 
A N A C T 
October 23, 1968 
To amend title 38 of the United States Code with respect to eligibility for, and 
[H.R. 1(5025] 
the period of limitation on, educational assisitanee available under part III 
of such title, and for other purposes. 
Veterans. 
Vocational re-
ii^<-v4%»,#f.»«..*5f 
4'n,#f-»*'<" 
Be it enacted hy the Senate and House of Representatives 
of t)he 
United States of America in Congress assembled, That (a) section 
1502(b) of title 38, United States Code, is amended by adding at the habmrati 
end thereof the following new sentence: "If the veteran has pursued 
^2 stat. U7i. 
an educational or training program under chapters 33 (prior to its 
repeal), 34 or 35 of this title, such program shall be utilized to the 
fullest extent practical in determining the character and duration of 
the vocational rehabilitation to be furnished him under this chapter." 
(b) Section 1661 of title 38, United States Code, is amended— 
sistlnce^e'u V"' 
(1) by amending subsection (a) to read as follows: 
biuty"'^'' " ^^^ 
Q^Ssi) Except as provided in subsection (c) and in the second sen-\ so stat. 13. 
tence of this subsection, each eligible veteran shall be entitled to \ 
educational assistance under this chapter for a period of one and 
one-half months (or the equivalent thereof in part-time educational 
assistance) for each month or fraction thereof of his service on active 
duty after January 31,1955Nlf an eligible veteran has served a period 
of 18 months or more on active duty after January 31, 1955, and has 
been released from such service under conditions that would satisfy 
his active duty obligation, he shall be entitled to educational assistance 
under this chapter tor a period of 36 months (or the equivalent thereof 
in part-time educational assistance).", 
(2) by striking out subsections (b) and (d), 
(3) by redesignating subsection (c) as subsection (b),and 
(4) by adding at the end thereof the following new subsection: 
"(c) Except as provided in subsection (b) and in section 1678 of 
this title, no eligible veteran shall receive educational assistance under 
this chapter in excess of thirty-six months." 
(c) Section 1711 of title 38, United States Code, is amended by ^g^^tf^^g^^^^*' 
striking out subsections (b) and (c), and by redesignating subsection 
**'' ^^' 
(d) as subsection (b). 
(d) (1) Subchapter I I of chapter 36 of title 38, United States Code, 
8° stat. 21-23. 
is amended by adding at the end thereof the following new section: 
^§1791^ Limitation on period of assistance under two or more 
programs 
"The aggregate period for which any person may receive assistance 
under two or more of the laws listed below— 
"(1) parts VII or VIII, Veterans Regulation numbered 1(a), ^l* usc^i952 
as amended; 
72 stat. 1272'. 
"(2) title I I of the Veterans' Readjustment Assistance Act ee stat. 663. 
of 1952; 
"(3) the War Orphans' Educational Assistance Act of 1956; 7o stat. 411. 
"(4) Chapters 31, 34, and 35 of this title, and the former ^gfj "f^^^^1501^^ 
chapter 33 
. 
. 
may not exceed forty-eight months (or the part-time equivalent 
thereof), but this section shall not be deemed to limit the period for 
which assistance may be received under chapter 31 alone." 
(2) The table of sections of chapter 36 of title 38, United States 
Code, is amended by adding at the end thereof the following: 
"1791. Limitation on period of assistance under two or more programs." 
SEC. 2. (a) (1) Subchapter I of chapter 35 of title 38, United States 
^2 stat. 1193. 
Code, is amended by inserting immedia/tely before section 1701 the fol- 
^* "^^ ^^°^' 
lowing new section: 
1332 
PUBLIC LAW 90-631-OCT. 23, 1968 
[82 STAT. 
"§1700. Purpose 
W
a
r orphans' 
a-j^j^^ Cougi'ess lierebv dec'hires thsit the eduoatioiial i>r()jrram estab-
sfsTan'ce"^ ^^' 
Hslied by this chapter is for the purpose of providing opix)rtunities 
for education to children whose education would otherwise be impeded 
•or interrupted by reason of the disability or death of a parent from 
a disease or injury incurred or aggravated in the Armed F'orces after 
the beginning of the Spanish-American War, and for the purpose of 
aiding such children in attaining the educational status which they 
might normally have aspired to and obtained but for the disability or 
death of such parent. The Congress further declares that the educa-
tional program extended to the widows of veterans who died of service-
connected disabilities and to wives of veterans with a service-connected 
total disability permanent in nature is for the purpose of assisting them 
in preparing to support themselves and their families at a standard 
of living level which the veteran, but for his death or service disability, 
could have expected to provide for his family." 
(2) The table of sections of chapter 85 of title 38, Ignited States 
Code, is amended by adding immediately before 
"1701. Definitions." 
the following: 
"1700. Purpose." 
72 Stat. 1193. 
(b) Paragraph (1) of section 1701(a) of title 38, Ignited States 
Code, is amended to read as follows: 
"(1) The term 'eligible person" means— 
"(A) a child of a person who— 
"(i) died of a service-connected disability, or 
"(ii) has a total disability permanent in nature resulting 
from a service-connected disability, or who died while a dis-
ability so evaluated was in existence, 
"(B) the widow of any person who died of a service-connected 
disability, or 
"(C) the wife of any person who has a total disability per-
manent in nature resulting from a service-connected disability, 
or the widow of a veteran who died while a disability so evaluated 
was in existence, 
arising out of active military, naval, or air service after the beginning 
of the Spanish-American War, but only if such service did not termi-
nate under dishonorable conditions. The standards and criteria for 
determining whether or not a disability arising out of such service 
is service connected shall be those applicable under chapter 11 of this 
title." 
78 Stat. 297. 
(c) Subsectiou (d) of section 1701 of title 38, United States Code, 
is amended to read as follows: 
"(d) No eligible person may be aiforded educational assistance 
under this chapter unless he was discharged or released after each 
period he was on duty with the Armed Forces under conditions other 
than dishonorable, or while he is on dutv with the Armed Forces." 
Ante. p. 1331. 
(d) Sujjsectiou (b) of sectiou 1711 of title 38, TTnited States Code 
(as redesignated by subsection (c) of the first section of this Act), 
is amended to read as follows: 
"(b) If any eligible jjerson pursuing a program of education, or of 
special restorative training, under this chapter ceases to be an 'eligible 
I>erson' because— 
"(1) the parent or spouse from whom eligibility is derived is 
found no longer to have a 'total disability permanent in nature*, 
as defined in section 1701 (a) (10) of this title, or 
"(2) she, as an eligible person under section 1701 (a)(1)(C) of 
this title, is divorced, without fault on her part, from the person 
upon whose disability her eligibility is based. 
82 STAT. ] 
PUBLIC LAW 90-631-OCT. 23, 1968 
. 
1333 
then such eligible person (if he or she has sufficient remaining entitle-
ment) may, nevertheless, be afforded educational assistance under this 
chapter until the end of the quarter or semester for which enrolled 
if the educational institution in which he or she is enrolled is operated 
on a quarter or semester system, or if the educational institution is not 
so operated until the end of the course, or until nine weeks have 
expired, whichever first oc<!urs." 
(e) Section 1712 of title 38, United States Code, is amended— 
72 stat. 1194. 
(1) by inserting immediately after "eligible person" the first 
place where it appears in subsection (a) thereof the following: 
"(within the meaning of section 1701(a) (1) (A))", and 
(2)by amending subsection (b) thereof to read as follows: 
'•(b) No person made eligible by section 1701(a)(1)(B) or (C) 
of this chapter may be afforded educational assistance under this 
chapter beyond eight years after whichever last occurs: 
" (1) the date on which the Administrator first finds the spouse 
from whom eligibility is derived has a service-connected total 
disability permanent in nature, or 
"(2) the date of death of the spouse from whom eligibility is 
derived." 
(f) In the case of any person who is an eligible person by reason of 
subparagraph (B) or (C) of section 1701(a)(1) of title 38, United 
States Code (as added by subsection (b) of this section), if the date 
of death or the date of the determination of service-connected total 
disability permanent in nature of the person from whom eligibility 
is derived occurred before the effective date of this section, the eight-
year delimiting period referred to in section 1712(b) of such title 
(as amended by subsection (e) (2) of this section) shall run from such 
effective date. 
(g) Section 1720 of title 38, United States Code, is amended— 
^2 stat. 1195. 
(1) by inserting " ( a ) " immediately before the first word there-
(2) by inserting in the first sentence thereof immediately after 
"assistance" and before the comma the following: "for a person 
eligible within the meaning of section 1701(a) (1) (A)"; and 
(3) by adding at the end thereof the following new subsection: 
"(b) The Administrator mav, on request, arrange for educational 
counseling for persons eligible for educational assistance under section 
1701(a)(1) (B) or (C) of this chapter." 
(h) (1) The heading of chapter 35 of title 38, United States Code, 
is amended by inserting "AND WIDOWS' " immediately after "WAR 
ORPHANS*". 
(2) The analysis of part I I I of title 38, United States Code, and the 
analysis of such title, are each amended by striking out: 
"
.
*
?
.
"
>
. War Orphan's Educationial Assistance 
1701" 
and inserting in lieu thereof: 
"35. War Orphans' and Widows' Educational Assistance 
1700". 
SEC. 3. (a) Paragraph (2) of section 1682(c) of title 38, United 
so stat. is. 
States Code, is amended to read as follows: 
"(2) The period of entitlement of any eligible veteran who is pur-
suing any program of education exclusively by correspondence shall be 
charged with one month for each $130 which is paid to the veteran as 
an educational assistance allowance for such course." 
(b) Section 1682 of title 38, United States Code, is amended— 
(1) by inserting after "program" where it first appears in sub-
section (a)(2) the following: ", other than a 'farm cooperative' 
program,"; and 
1334 
PUBLIC LAW 90-631-OCT. 23, 1968 
[82 STAT. 
(2) by amending subsection (d) to read as follows: 
''(d) (1) An eligible veteran who is enrolled in an educational insti-
tution for a 'fa.rm cooperative" program consisting of institutional 
agricultural courses prescheduled to fall within 44 weeks of any period 
of 12 consecutive months and who pvirsues such program on— 
" (A) a full-time basis (a minimum of 12 clock hours per week), 
"(B) a three-quarter-time basis (a minimum of 9 clock hours 
per week), or 
"(C) a half-time basis (a minimum of 6 clock hours per week) 
shall be eligible to receive an educational assistance allowance at the 
appropriate rate provided in the table in paragraph (2) of this sub-
section, 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. 
"(2) The monthly educational assistance allowance of an eligible 
veteran pursuing a farm cooperative program under this chapter shall 
be paid as set forth in column IT, III, IV, or V (whichever is appli-
cable as determined by the veteran's dependency status) opposite the 
])asis shown in column I : 
77 Stat. 159. 
" Column I 
Basis 
Full-time 
Three-quarter-time_. 
Half-time__ 
Column II 
Node-
pendents 
$105 
75 
50 
Column III 
One de-
pendent 
$125 
90 
60 
Column rv 
Two de-
pendents 
$145 
105 
70 
Column V 
More than two 
dependents 
The amount in Col-
umn rv, plus the 
following for each 
dependent in excess 
of two: 
$7 
5 
3". 
SEC. 4. Section 1774 of title 38, United States Code, is amended— 
(1) by inserting " ( a ) " inmiediately before the first word 
thereof, 
(2) by inserting immediately after "expenses of salary and 
travel incurred by employees of such agencies" in the first sentence 
thereof the following: "and an allowance for administrative 
expenses in accordance with the formula contained in subsection 
(b; of this section", and 
(3) by adding at the end thereof the following new subsection: 
"(b) The allowance for administrative expenses incurred pursuant 
to subsection (a) of this section shall be paid in accordance with the 
following formula: 
"Total salary cost reimbursable 
under this section 
Allowance for administrative expense 
$5,000 or less 
Over $5,000 but not exceeding $10,000— 
Over $10,000 but not exceeding $35,000. 
Over $3.'),00() but not exceeding $40,000-
Over $40,000 but not exceeding $75,000. 
Over $75,000 but not exceeding $80,000. 
Over $80,000 
$250. 
$450. 
$450 for the first $10,000 plus 
eacli additional $5,000 or 
thereof. 
$2,625. 
$2,625 for the first $40,000 plus 
each additional $5,000 or 
thereof. 
$5,225. 
$5,225 for the first $80,000 plus 
each additional $5,000 or 
thereof." 
$400 for 
fraction 
$350 for 
fraction 
$300 for 
fraction 
82 STAT. ] 
PUBLIC LAW 90-632-OCT. 24, 1968 
1335 
SEC, 5. The second sentence of section 1677(b) of title 38, United 
^^ ^'^'- ^^s-
States Code, is amended to read as follows: "Such allowance shall 
be paid monthly upon receipt of a certification from the eligible 
A'eteran and the institution as to the actual flight training received 
by, and the cost thereof to, the veteran during such month." 
SEC. 6. (a) The amendments made by the first section and sections 
Effective date. 
2, 3, and 5 of this Act shall take effect on the first day of the second 
^"'^' P- '33I, 
calendar month which begins after the date of the enactment of this ^^^^' ^^^^ 
Act. 
(b) The amendments made by section 4 of this Act shall apply 
^"^^' P- '334. 
with respect to contracts and agreements entered into under section 
1774 of title 38, United States Code, effective for periods beginning 
after June 30,1968. 
Approved October 23, 1968. 
Public Law 90-632 
AN A C T 
October 24, 1968 
To increase the participation of military judges and counsel on courts-martial, 
[H.R. I597I] ^ 
and for other purposes. 
"' 
Be It enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may be 
Military justice 
cited as the "Military Justice Act of 1968". 
"'°'' ^^^• 
SEC. 2. Chapter 47 (Uniform Code of Military Justice) of title 10, 
United States Code, is amended as follows: 
(1) Section 801 (10) (article 1 (10)) is amended to read as folloAVs: 
^OA stat. 37. 
"(10) 'Military judge' means an official of a general or special 
court-martial detailed in accordance with section 826 of this title 
(article 26).". 
(2) Section 806(c) is amended by striking out "law officer" and 
inserting in lieu thereof "military judge". 
(3) Section 816 (article 16) is amended to read as follows: 
"§ 816. Art. 16. Courts-martial classified 
"The three kinds of courts-martial in each of the armed forces are— 
"(1) general courts-martial, consisting of— 
" (A) a militar}^ judge and not less than five members; or 
"(B) only a military judge, if before the court is assem-
bled the accused, knowing the identity of the military judge 
and after consultation with defense counsel, requests in writ-
ing a court composed only of a military judge and the military 
judge approves; 
"(2) special courts-martial, consisting of— 
"(A) not less than three members; or 
"(B) a military judge and not less than three members; or 
"(C) only a military judge, if one has been detailed to the 
court, and the accused under the same conditions as those pre-
scribed in clause (1) (B) so requests; and 
"(3) summary courts-martial, consisting of one commissioned 
officer." 
(4) Section 818 (article 18) is amended by adding the following 
.sentence at the end thereof: "However, a general court-martial of the 
kind specified in section 816(1) (B) of this title (article 16(1) (B)) 
shall not have jurisdiction to try any person for any offense for which 
the death penalty may be adjudged unless the case has been previously 
referred to trial as a noncapital case." 
(5) Section 819 (article 19) is amended by striking out the last 
sentence and inserting the following sentence in place thereof: "A bad-
96-600 O - 69 - 87