Page:United States Statutes at Large Volume 94 Part 2.djvu/918

 94 STAT. 2196

PUBLIC LAW 96-466—OCT. 17, 1980 REPEAL OF MANDATORY COUNSEUNG FOR DEPENDENTS

38 USC 1720.

38 USC 1761.

SEC. 323. (a) Section 1720(a) is amended by CD striking out "shall arrange for, and the eligible person shall take advantage of," and inserting in lieu thereof "may, upon request, arrange for"; and (2) striking out the second sentence. (b) Section 1761(a) is amended by— (1) striking out "required" and inserting in lieu thereof "authorized"; and (2) striking out "or require". CLARIFICATION OF AUTHORITY OF ADMINISTRATOR TO DISAPPROVE AN APPLICATION FOR BENEFITS

38 USC 1721. 38 USC 1720.

38 USC 1770 et
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SEC. 324. The text of section 1721 is amended to read as follows: "The Administrator shall finally approve an application if the Administrator finds that— "(1) section 1720 of this title has been complied with; "(2) the proposed program of education constitutes a 'program of education' as that term is defined in this chapter; "(3) the eligible person is not already qualified, by reason of previous education or training, for the educational, professional, or vocational objective for which the program of education is offered; "(4) the eligible person's proposed educational institution or training establishment is in compliance with all the requirements of this chapter and chapter 36 of this title; and "(5) it does not appear that the enrollment in or pursuit of such person's program of education would violate any provisions of this chapter or chapter 36 of this title.". MODIFICATION OF 50-PERCENT EMPLOYMENT RULE FOR VOCATIONAL COURSES

38 USC 1723.

38 USC 1652.

SEC. 325. Section 1723(a) is amended by— (1) inserting "(1)" before "The"; (2) redesignating clauses (1), (2), (3), and (4) as clauses (A), (B), (C), and (D), respectively; (3) amending clause (B) of paragraph (1), as redesignated by clause (2) of this section, to read as follows: "(B) any course with a vocational objective, unless the eligible person or the institution offering such course presents evidence satisfactory to the Administrator showing that at least one-half of the persons who completed such course over such period, and who are not unavailable for employment, attained employment for an average of ten hours a week in an occupational category for which the course was designed to provide training"; and (4) adding at the end the following new paragraph: "(2)(A) For the purposes of clause (B) of paragraph (1) of this subsection, in computing the number of persons who discontinued or completed a course over any two-year period, there shall not be included in such number those persons who received assistance under this title for pursuing such course while serving on active duty. "(B) The provisions of clause (B) of paragraph (1) of this subsection shall not apply in the case of a particular course offered by an educational institution in a particular year if the total number of eligible veterans (as defined in section 1652(a)(1) of this title) and

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