Page:United States Statutes at Large Volume 91.djvu/1480

 91 STAT. 1446

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PUBLIC LAW 95-202—NOV. 23, 1977 TECHNICAL AMENDMENTS

SEC. 309. (a) Section 101(29) of title 38, United States Code, is amended by striking out "such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress" and inserting in lieu thereof "May 7, 1975". (b) Section 2007(c) of title 38, United States Code, is amended by striking out "2001" and inserting in lieu thereof "2004". VETERANS COST-Or-INSTRUCTION TRANSFER AUTHORITY

38use246note. 20 USC 1070e-l.

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38 USC 246. ,.,. ' '

38 USC 1501. 38 USC 1651.

SEC. 310. (a) Notwithstanding any other provision of law, (1) the Administrator of Veterans' Affairs is authorized to administer, pursuant to an interagency agreement, the programs carried out under the provisions of section 420 of the Higher Education Act of 1965; ^2) the Commissioner of Education, with the approval of the Secretary of Health, Education, and Welfare, is authorized to enter into such interagency agreement to transfer to the Administrator the functions, powers, and duties of the Commissioner under such section; and (3) pursuant to any such agreement, funds appropriated to such Department or the Office of Education in such Department for the purpose of carrying out such section shall be transferred from the Department to the Veterans' Administration for use for the purposes for which such funds are authorized and appropriated. Ajiy such agreement shall provide, for such period of time as may be agreed upon by the Commissioner and the Administrator, for such appropriate technical and support assistance by the Commissioner as the Commissioner and the Administrator agree are necessary to facilitate the implementation of this section. (b) Effective on the date on which the Commissioner of Education transfers to the Administrator of Veterans' Affairs, under authority of subsection (a) of this section, all functions, powers, and duties assigned to the Commissioner under section 420 of the Higher Education Act of 1965 such section is superceded and chapter 3 of title 38, United States Code, is amended by— (1) inserting after section 245 the following new section: "§ 246. Veterans cost-of-instruction payments to institutions of higher learning "(a)(1) During the period beginning on July 1, 1972, and ending on September 30, 1979, each institution of higher learning shall be entitled to a payment under, and in accordance with, this section during any fiscal year if— "(A) the number of persons who are veterans receiving vocational rehabilitation under chapter 31 of this title or veterans receiving educational assistance under chapter 34 of of this title, and who are in attendance as undergraduate students at such institution during any academic year, equals at least— "(i) 110 per centum of the number of such recipients who were in attendance at such institution during the preceding academic year, or "(ii) 10 per centum of the total number of undergraduate students in attendance at such institution during such academic year and if such number does not constitute a per centum of such undergraduate students which is less than such per centum for the preceding academic year; and "(B) the number of such persons is at least 25. "(2) During the period specified in paragraph (1) of this subsection, each institution which has qualified for a payment under

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