An Act to amend chapter 35 of title 38, United States Code, to provide educational assistance to the children of veterans who are permanently and totally disabled from an injury or disease arising out of active military, naval, or air service during a period of war or the induction period
PL 88-361 (H.R.221), enacted 07/07/1964

78 STAT. ] 
PUBLIC LAW 88-361-JULY 7, 1964 
297 
Public Law 88-361 
AN ACT 
July 7. 1964 
To amend chapter 35 of title 38, United States Code, to provide educational 
[H. R. 221]— 
assistance to tlie children of veterans who are permanently and totally 
disabled from an injury or disease arising out of active military, naval, or 
air service during a period of war or the induction period. 
Veterans' chil-
dren. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhlea, That (a) section ^_ 
1701(a) (1) of title 88, United States Code, is amended by inserting "Educational as 
the following new sentence after the first sentence thereof: "Such ^^^'^g^^^' 
term also includes the child of a person who has a total disability per-
manent in nature resulting from a service-connected disability arising 
out of service as described in the first sentence hereof, or who died 
while a disability so evaluated was in existence." 
(b) Section 1701(a) of title 38, United States Code, is amended 
by adding at the end thereof the following: 
"(10) The term 'total disability permanent in nature' means any 
disability rated total for the purposes of disability compensation 
which is based upon an impairment reasonably certain to continue 
throughout the life of the disabled person." 
(c) Section 1701(d) of title 38, United States Code, is amended 
by striking out the word "death" both places it appears and inserting 
in lieu thereof "disability or death". 
SEC. 2. Section 1711 of title 38, United States Code, is amended by 
adding a new subsection (d) as follows: 
"(d) If any child pursuing a program of education, or of spe-^^^Jt"^^ °^ ^^'^'* 
cialized restorative training, under this chapter ceases to be an 
'eligible person' because the parent from whom eligibility is derived 
is found to no longer have a 'total disability permanent in nature', 
as defined in section 1701(a) (10) of this title, then such child (if 
he has sufficient remaining entitlement) may, nevertheless, be afforded 
educational assistance under this chapter until the end of a quarter 
or semester for which enrolled if the educational institution in which 
he 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 occurs." 
SEC. 3. (a) Section 1712(a) (3) of title 38, United States Code, is '^ ^tat. 926. 
amended to read as follows: 
"(3) if the Administrator first finds that the parent from ^^^^^^^^^^J^"^-jg 
whom eligibility is derived has a service-connected total dis- to 23. 
ability permanent in nature, or if the death of the parent from 
whom eligibility is derived occurs, after the eligible person's 
eighteenth birthday but before his twenty-third birthday, then 
(unless paragraph (4) applies) such period shall end five years 
after, whichever date first occurs (A) the date on which the 
Administrator first finds that the parent from whom eligibility 
is derived has a service-connected total disability permanent in 
nature, or (B) the date of death of the parent from whom 
eligibility is derived;", 
(b) Section 1712 of title 38, United States Code, is amended by 
adding at the end thereof a new subsection as follows: 
"(d) Notwithstanding the provisions of subsection (a) of this yond^igl^n^itir 
section, an eligible person may be afforded educational assistance tion. 
beyond the age limitation applicable to him under such subsection 
by a period of time equivalent to any period of time which elapses 
between the eighteenth birthday of such eligible person or the date on 
which an application for benents of this chapter is filed on behalf of 
such eligible person, whichever is later, and the date of final approval 
298 
PUBLIC LAW 88-362-JULY 7, 1964 
[78 STAT. 
Nonduplication 
of benefits. 
72 Stat. 1201. 
Eligibility 
proviso. 
38 u s e 1701-
1778. 
72 Stat. 1200. 
Special restora-
tive training. 
72 Stat. 1183. 
State coopera-
tion. 
of such application by the Administrator; but in no event shall educa-
tional assistance under this chapter be afforded an eligible person 
beyond his thirty-first birthday by reason of this subsection." 
SE(\ 4. Section 1762(a) of title 38, United States Code, is amended 
by adding the following clause before the period at the end thereof: 
"whether eligibility is based upon the death or upon the total perma-
nent disability of the parent". 
SEC. 5. In the case of any individual who is an "eligible person" 
within the meaning of section 1701(a) (1) of title 38, Tjnited States 
Code, solely by virtue of the amendments made by this Act, and who 
is above the age of seventeen years and below the a^e of twenty-three 
years on the date of enactment of this Act, the period referred to in 
section 1712 of title 38, United States Code, shall not end with respect 
to such individual until the expiration of the five-year period which 
begins on the date of enactment of this Act, excluding from such five-
year period any period of time which may elapse between the date on 
Avhich application for benefits of chapter 35, United States Code, 
is filed on behalf of an eligible person and the date of final approval 
of such application by the Administrator of Veterans' Affairs; but 
in no event shall educational assistance under chapter 35, title 38, 
Ignited States Code, be afforded to any eligible person beyond his 
thirty-first birthday by reason of this section. 
SEO. 6. Section 1741(b) of title 38, United States Code, is amended 
to read as follows: 
"(b) The total period of educational assistance under this sub-
chapter and other subchapters of this chapter may not exceed the 
amount of entitlement as established in section 1711 of this title, 
except that the Administrator may extend such period in the case of 
any person if he finds that additional assistance is necessary to accom-
plish the purpose of special restorative training as stated in subsection 
(a) of this section," 
SEC. 7. Section 1643 of title 38, United States Code, is amended by 
adding at the end thereof the following: 
"(c) In order that effective State control may be maintained over 
educational institutions participating in educational programs carried 
on under this title, the Administrator shall continue to utilize State 
approving agencies in the administration of such programs." 
Approved July 7, 1964. 
July 7, 1964 
[H. R. 9311] 
Public Law 88-362 
AN ACT 
To continue for two years the existing suspensions of duty on certain alumina 
and bauxite. 
Alumina and 
bauxite, duty. 
77A Stat. 432, 
433. 
19 u s e 1202. 
Be it enacted hy the Senate and House of Refresentaticea 
of the 
Vnited States of America 
in Congress assembled. That (a) items 
907.15, 909.30, and 911.05 of title I of the Tariff Act of 1930 (Tariff 
Schedules of the United States; 28 F.R., part II, pages 432 and 433, 
Aug. 17, 1963) are-each amended by striking out "On or before 
7/15/64" and inserting in lieu thereof "On or before 7/15/66". 
(b) The amendments made by subsection (a) shall apply with 
respect to articles entered, or withdrawn from warehouse, for con-
sumption after July 15,1964. 
Approved July 7, 1964.