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86 STAT. 1015

(b) The provisions of the second and third sentences of such section 5(b)(1), as amended by section 201(1) of this title, which authorize Ante, p. 1012. a teacher to designate that portion of his life annuity which may be subject to reduction for purposes of providing a survivor annuity, shall apply only to teachers retiring after the date of enactment of this title.

(c) The amendment made by section 201(2) of this title shall apply to a retired teacher who was unmarried at the time of retirement, but who later married, only if the election is made within one year after the date of enactment of this title.

(d) The amendment made by section 201(3) (A) of this title shall apply only to teachers retiring after the date of enactment of this title. (e) The amendment made by section 201 (3) (B) of this title is effective only with respect to annuity accruing for full months beginning after the date of enactment of this title; but any part of a period of separation referred to in such amendment in which the employee or former employee was receiving benefits under subchapter I of chapter 81 of title 5, United States Code, or any earlier statute on which such subchapter is based shall be counted whether the employee returns to duty before, on, or after such date of enactment. With respect to any person retired before such date of enactment, any such part of a period of separation shall be counted only with application of the former employee.

(f) The amendments made by section 201(4) of this title shall not apply in the cases of teachers or annuitants who died before the date of enactment of this title. The right of such persons and their survivors shall continue in the same manner and to the same extent as if such amendments had not been enacted.

TITLE III-AMENDMENTS INCREASING CERTAIN TAXES

IN THE DISTRICT OF COLUMBIA

SEC. 301. (a) Subsection (j) of section 6 of the District of Colum- Motor vehicle bia Traffic Act, 1925 (D.C. Code, sec. 40-603 (j)), is amended by excise tax. striking out "4 per centum" and inserting in lieu thereof "5 per 63 Stat. 128; centum"

83 Stat. 172.

(b) The effective date of the amendment made by subsection (a) is Effective date. the first day of the first month which begins on or after the thirtieth day after the date of enactment of this Act.

SEC. 302. (a) Subsection (a) of section 603 of the District of Cigarette tax. Columbia Cigarette Tax Act (D.C. Code, sec. 47-2802 (a)) is amended 63 Stat. 137; by striking out "4 cents" and inserting in lieu thereof "6 cents".

83 Stat. 173.

(b) The effective date of the amendment made by subsection (a) Effective date. is the first day of the first month which begins on or after the thirtieth day after the date of enactment of this Act.

(c) (1) The amendment made by subsection (a) shall apply with respect to cigarette tax stamps purchased on or after the effective date of the amendment.

(2) In the case of cigarette tax stamps which have been purchased prior to the effective date of the amendment made by subsection (a) and which on such date are held (affixed to a cigarette package or otherwise) by a wholesaler, retailer, or vending machine operator, licensed under the District of Columbia Cigarette Tax Act, such licen- 63 Stat. 136. see shall pay to the Commissioner (in accordance with paragraph (3)) D. C. Code an amount equal to the difference between the amount of tax represented by such tax stamps on the date of their purchase and the amount of tax which an equal number of cigarette tax stamps would represent if purchased on the effective date of the amendment made by subsection (a).

47-2801.

86 STAT. 1016

Recordkeeping.

Penalty.

63 Stat. 139; 84 Stat. 581. Utilities, taxes.

(3) Within twenty days after the effective date of the amendment made by subsection (a), each such licensee (A) shall file with the Commissioner a sworn statement (on a form to be prescribed by the Commissioner) showing the number of such cigarette tax stamps held by him as of the beginning of the day on which the amendment made by subsection (a) becomes effective or, if such day is a Sunday, as of the beginning of the following day, and (B) shall pay to the Commissioner the amount specified in paragraph (2).

(4) Each such licensee shall keep and preserve for the twelve-month period immediately following the effective date of the amendment made by subsection (a) the inventories and other records made which form the basis for the information furnished to the Commissioner on the sworn statement required to be filed under this subsection.

(5) For purposes of this subsection, a tax stamp shall be considered as held by a wholesaler, retailer, or vending machine operator if title thereto has passed to such wholesaler, retailer, or operator (whether or not delivery to him has been made) and if title to such stamp has not at any time been transferred to any person other than such wholesaler, retailer, or operator.

(6) A violation of the provisions of paragraph (2), (3), or (4) of this subsection shall be punishable as provided in section 611 of the District of Columbia Cigarette Tax Act (D.C. Code, sec. 47-2810). SEC. 303. (a) Paragraph numbered 5 of section 6 of the Act entitled "An Act making appropriations to provide for expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes", 53 Stat. 1107; approved July 1, 1902 (D.C. Code, sec. 47-1701), is amended by striking out "4 per centum" and inserting in lieu thereof "5 per centum". (b) The amendment made by subsection (a) shall apply to the gross receipts of each gas company, electric lighting company, and telephone company for the year ending June 30, 1972, and for each succeeding year ending on the thirtieth day of June. Approved October 21, 1972.

70 Stat. 599.

Effective date.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 92-1501 (Comm. on the District of Columbia).
SENATE REPORT No. 92-1295 (Comm. on the District of Columbia).
CONGRESSIONAL RECORD, Vol. 118 (1972):

Oct. 11, considered and passed House.
Oct 14, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 8, No. 44:
Oct. 21, Presidential statement.

92nd Congress, H. R. 12828
October 24, 1972

An Act

To amend title 38, United States Code, to increase the rates of vocational rehabilitation, educational assistance, and special training allowances paid to eligible veterans and persons; to provide for advance educational assistance payments to certain veterans; to make improvements in the educational assistance programs; 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 cited as the "Vietnam Era Veterans' Readjustment Assistance Act of 1972".

TITLE I-VOCATIONAL REHABILITATION AND EDUCA-
TIONAL ASSISTANCE RATE ADJUSTMENTS

SEC. 101. Chapter 31 of title 38, United States Code, is amended as follows:

(1) by adding at the end of subsection 1502 a new subsection as follows:

"(d) Veterans pursuing a program of vocational rehabilitation training under the provisions of this chapter shall also be eligible, where feasible, to perform veteran-student services pursuant to section 1685 of this title and for advance subsistence allowance payments as provided by section 1780 of this title.";

(2) by amending section 1504 (b) to read as follows:

"(b) The subsistence allowance of a veteran-trainee is to be determined in accordance with the following table, and shall be the monthly amount shown in column II, III, IV, or V (whichever is applicable as determined by the veteran's dependency status) opposite the appropriate type of training as specified in column I:

86 STAT, 1074

Vietnam Era
Veterans!
Readjustment
Assistance Aot
of 1972.

72 Stat. 1171; 82 Stat. 1331.

84 Stat. 76.

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(3) by deleting in section 1507 "$100" and inserting in lieu 72 Stat. 1173. thereof "$200".

86 STAT. 1075

Flight training. 84 Stat. 76.

SEC. 102. Chapter 34 of title 38, United States Code, is amended as follows:

(1) by deleting in the last sentence of section 1677(b) "$175" and inserting in lieu thereof "$220";

(2) by amending the table contained in paragraph (1) of section 1682 (a) to read as follows:

Post, p. 1081.

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(3) by deleting in section 1682(b) "$175” and inserting in lieu thereof "$220";

(4) by amending the table contained in paragraph (2) of section 1682(c), as redesignated by this Act, to read as follows:

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84 Stat. 81.

Allowance computation. 84 Stat. 77.

(5) by deleting in section 1696 (b) "$175" and inserting in lieu thereof "$220".

SEC. 103. Chapter 35 of title 38, United States Code, is amended as follows:

(1) by amending section 1732 (a) (1) to read as follows: “(a)(1) The educational assistance allowance on behalf of an eligible person who is pursuing a program of education consisting of institutional courses shall be computed at the rate of (A) $220 per month

if pursued on a full-time basis, (B) $165 per month if pursued on a three-quarter-time basis, and (C) $110 per month if pursued on a halftime basis.";

(2) by deleting in section 1732 (a) (2) “$175” and inserting in lieu thereof "$220";

(3) by deleting in section 1732 (b) "$141" and inserting in lieu thereof "$177"; and

86 STAT 1076

Allowance

computation.

84 Stat. 77.

38 USC 1732. Special training

84 Stat. 78.

(4) by amending section 1742 (a) to read as follows: "(a) While the eligible person is enrolled in and pursuing a full- allowance. time course of special restorative training, the parent or guardian shall be entitled to receive on his behalf a special training allowance computed at the basic rate of $220 per month. If the charges for tuition and fees applicable to any such course are more than $69 per calendar month, the basic monthly allowance may be increased by the amount that such charges exceed $69 a month, upon election by the parent or guardian of the eligible person to have such person's period of entitlement reduced by one day for each $7.35 that the special training allowance paid exceeds the basic monthly allowance."

TITLE II-ADVANCE PAYMENT OF EDUCATIONAL AS-
SISTANCE OR SUBSISTENCE ALLOWANCES; VETERAN-
STUDENT SERVICES

SEC. 201. Subchapter II of chapter 36 of title 38, United States Code, is amended by inserting immediately before section 1781 the following new section:

"§ 1780. Payment of educational assistance or subsistence allowances

"Period for Which Payment May Be Made

"(a) Payment of educational assistance or subsistence allowances to eligible veterans or eligible persons pursuing a program of education or training, other than a program by correspondence or a program of flight training, in an educational institution under chapter 31, 34, or 35 of this title shall be paid as provided in this section and, as applicable, in section 1504, 1682, 1691, or 1732 of this title. Such payments shall be paid only for the period of such veterans' or persons' enrollment, but no amount shall be paid—

"(1) to any eligible veteran or eligible person enrolled in a course which leads to a standard college degree for any period when such veteran or person is not pursuing his course in accordance with the regularly established policies and regulations of the educational institution and the requirements of this chapter or of chapter 34 or 35 of this title; or

"12) to any eligible veteran or eligible person enrolled in a course which does not lead to a standard college degree (excluding programs of apprenticeship and programs of other on-job train

80 Stat. 21; 84 Stat. 83.

38 USC 1781.

38 USC 1501, 1651, 1700. Ante, pp. 1074,

1075; Post,

P. 1081.

ing authorized by section 1787 of this title) for any day of absence Post, p. 1085.
in excess of thirty days in a twelve-month period, not counting as
absences weekends or legal holidays established by Federal or
State law (or in the case of the Republic of the Philippines, Phil-
ippine law) during which the institution is not regularly in

session.

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