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G. Educational Assistance for Children of Permanently and

Totally Disabled Veterans

(Public Law 88-361, approved July 7, 1964)

1. LEGISLATIVE HISTORY

On January 9, 1959, Representative Olin Teague, of Texas, introduced H.R. 221, proposing 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. The bill was referred to the House Committee on Veterans Affairs.

On July 30, 1963, Senator Ralph Yarborough, of Texas, introduced a similar bill, S. 1959, which was referred to the Senate Committee on Labor and Public Welfare.

The House bill was reported in the House on August 14, 1963 (Rept. 677). On August 19, 1963, the bill was considered and passed by the House. 15 The bill was referred to the Senate Committee on Labor and Public Welfare.

On October 9, 1963, the Subcommittee on Veterans Affairs of the Labor and Public Welfare Committee held hearings on S. 1959 and H.R. 221. On December 9, 1963, H.R. 221 was reported in the Senate. On December 10, 1963, the bill was considered and passed the Senate with amendments. 16

On June 18, 1964, the House agreed to three Senate amendments, disagreed to two Senate amendments, and further amended one of the Senate amendments. On June 23, 1964, the Senate cleared the bill for signing after receding from certain Senate amendments and concurring in the House amendment to the Senate amendment.18 The bill was approved on July 7, 1964, and became Public Law 88–361.

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2. DIGEST OF THE ACT

This act extends the benefits of the war orphans educational assistance program to children of veterans who have a “total disability permanent in nature" resulting from a service-connected disability. Previously this assistance was available to the children of veterans with service-connected disabilities, but only after the death of the veteran.

The term “total disability permanent in nature” is defined as a disability rated total for the purpose of disability compensation which is based upon an impairment reasonably certain to continue throughout the life of the disabled person.

15 Congressional Record, Aug. 19, 1963, p. 15301. 16 Congressional Record (dally edition), Dec. 10, 1963, p. 21086. 17 Ibid., June 18, 1961, pp. 13845-13848. 14 Ibid., June 23, 1964, pp. 14237-14210.

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3. TEXT OF THE ACT

The following is the text of Public Law 88–361:

[Public Law 88–361, 88th Cong. (78 Stat. 297), July 7, 1964] 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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 1701 (a) (1) of title 33 United States Code, is amended by inserting the following new sentence after the first sentence thereof: “Such term also includes the child of a person who has a total disability permanent 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 specialized 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, whicherer first occurs."

SEC. 3. (a) Section 1712 (a) (3) of title 38, United States Code, is amended to read as follows:

“(3) if the Administrator first finds that the parent from whom eligibility is derived has a service-connected total disability 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 birtbday, 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) Nothwithstanding the provisions of subsection (a) of this section, an eligible person may be afforded educational assistance 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 benefits of this chapter is filed on behalf of such eligible person, whichever is later, and the date of final approval of such application by the Administrator; but in no event shall educational assistance under this chapter be afforded an eligible person beyond his thirty-first birthday by reason of this subsection.”

SEC. 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 permanent 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, United States Code, solely by virtue of the amendments made by this Act, and who is above the age of seventeen years

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and below the age 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 which 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, United States Code, be afforded to any eligible person beyond his thirty-first birthday by reason of this section.

SEC. 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 subchapter 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 accomplish 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.”

4. RELATED LEGISLATION

One of the Senate amendments which was incorporated into Public Law 88–361 contained substantially the content of S. 2636, which was introduced by Senator Lister Hill

on March 16, 1964, and referred to the Labor and Public Welfare Committee. This bill proposed an amendment to chapter 35 of title 38, United States Coule, relating to educational assistance for war orphans, to provide that the Administrator may afford special restorative training for an additional period of time when he finds such is necessary to overcome or lessen the effects of a physical or mental disability which handicaps the child in the pursuit of his educational program.

On May 28, 1964, the Subcommittee on Veterans Affairs of the Labor and Public Welfare Committee held hearings on S. 2636. Section (a) of the bill was incorporated in H.R. 221 (Public Law 88–361). Section (b) of the bill, which designated the effective date of this provision, was incorporated in H.R. 8611, which became Public Law 88– 433.

H. Outpatient Dental Care on Correction of Discharge

(Public Law 884430, approved Aug. 14, 1964)

1. LEGISLATIVE HISTORY

On August 27, 1963, Representative James Bromwell, of Iowa, introduced H.R. 8251, proposing the authorization of dental services and treatment in cases where discharges were corrected by competent authority from dishonorable to conditions other than dishonorable. The bill was referred to the House Veterans Affairs Committee.

On May 14, 1964, the bill was reported in the House (Rept. 1406), and it was considered and passed by the House on June 1, 1961.9 The bill was referred to the Senate Committee on Labor and Public Welfare.

19 Ibid., June 1, 1964, p. 11831.

On August 3, 1964, H.R. 8251 was reported in the Senate (Repe. 1296), and it was considered and passed in the Senate on August 4, 1964.26 The bill was approved on August 14, 1964, and became Public Law 88–430.

2. DIGEST OF THE ACT This act extends the statutory 1-year time limit for outpatient dental care in those cases where the veteran received a dishonorable discharge and the discharge is later corrected to a discharge under other than dishonorable conditions. The limit would be 1 year from the date of the correction of the discharge or from the date of enactment, whichever is later.

3. TEXT OF THE ACT

The following is the text of Public Law 88–430:

[Public Law 88-430, 88th Cong. (78 Stat. 438), Aug. 14, 1964) AN ACT To amend section 612, title 38, United States Code, to authorize dental services

and treatment in cases where discharges were corrected by competent authority from dishonorable to conditions other than dishonorable

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection 612(b) (2), title 38, United States Code, is amended by striking the semicolon at the end thereof and adding the following: “, except that if a disqualifying discharge or release has been corrected by competent authority application may be made within one year after the date of correction or the date of enactment of this exception, whichever is later;".

I. Indemnification of Research Contractors

(Public Law 88-433, approved Aug. 14, 1964)

1. BAJKGROUND

In recent years the Veterans Administration has encountered difficulty in obtaining the necessary materials and supplies due to a relnetance on the part of contractors and suppliers to become involved in research for the development of new projects without securing sonie guarantee of indemnification which would protect them in the event of liability resulting from claims made as a result of damages from experiments performed pursuant to a contract with the Veterans Administration.

Presently, no authority exists for inclusion of protection of this type to be placed in contracts negotiated by the Veterans' Administration. The cost of insurance, if such should be available, would be extremely high, if not prohibitive. Recently the problem has become acute, apparently stemming from several recent court decisions extending the legal doctrine of implied warranty of a manufactured product. The Department of Defense, as well as the National Institutes of Health, have authority which provides protection for contractors dealing with those two agencies of the Federal Government. The subject bill would provide identical protection for the Veterans' Administration and would permit the inclusion in future

20 Ibid., Aug. 4, 1964, p. 17396.

contracts of an indemnification clause to protect contractors who were found liable for a product manufactured or developed by them and from which injury resulted.

This bill, as amended, would authorize the United States to indemnify a contractor engaged in a medical research or development project for the Veterans Administration against certain risks of an unusually hazardous nature. It also provides that a party to an indemnification agreement shall maintain financial protection at least equal to the amount of private insurance available. However, discretionary authority is included whereby the Administrator may authorize a lesser amount whenever costs or terms of private insurance would make its purchase prohibitive.

2. LEGISLATIVE HISTORY

On September 26, 1963, Representative Olin Teague, of Texas, introduced H.R. 8611, proposing to facilitate the performance of medical research and development within the Veterans Administration by providing for the indemnification of contractors. The bill was referred to the House Committee on Veterans Affairs.

On October 1, 1963, the bill was reported in the House (Rept. 781). The bill was considered and passed in the House on October 7, 1963.21 The bill was referred to the Senate Committee on Labor and Public Welfare.

On May 28, 1964, the Subcommittee on Veterans Affairs of the Labor and Public Welfare Committee held hearings on H.R. 8611. The bill was reported in the Senate on August 3, 1964 (Rept. 1297). On August 5, 1964, the bill passed the Senate with an amendment.22

On August 8, 1964, the House concurred with the Senate amendment.23 The bill was approved on August 14, 1964, and became Public Law 88-433.

3. DIGEST OF THE ACT This act provides for the indemnification of contractors against liability and losses resulting from deaths or injuries to persons or property arising out of the direct performance of a medical research and development contract.

4. TEXT OF THE Act

The following is the text of Public Law 88-433:

(Public Law 88-433, 88th Cong. (78 Stat. 441), Aug. 14, 1964) AN ACT To facilitate the performance of medical research and development within the

Veterans' Administration, by providing for the indemnification of contractors Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 216 of title 38, United States Code, is amended by inserting “(1)” immediately after “(a)”, and changing “(b)” and “(c)” to “(2)” and “(3)”, respectively.

(b) Such section 216 is further amended by adding at the end thereof a new subsection (b), as follows:

"(b)(1) With the approval of the Administrator, any contract for research authorized by this section or for medical research or development authorized

21 Congressional Record, Oct. 7, 1963, p. 11873.

Congressional Record (dally edition), Aug. 3, 1964, p. 17509. » Ibid., Aug. 6, 1964, p. 17672.

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