CERTAIN EDUCATIONAL AND TRAINING BENEFITS

TO VETERANS

MONDAY, SEPTEMBER 17, 1951

UNITED STATES SENATE,

COMMITTEE ON LABOR AND PUBLIC WELFARE,

Washington, D. C.

The committee met at 10:05 a. m., pursuant to call, in the Old Supreme Court Room, the Capitol, Hon. James E. Murray (chairman) presiding.

Present: Senators Murray and Aiken.

Present also: Bill Coburn, chief clerk; Ray Rodgers, assistant committee clerk; William G. Reidy and Melvin W. Sneed, professional staff members.

The CHAIRMAN. The committee will come to order.

The subject of this hearing is S. 1940, a bill introduced by Senators Walter S. George and Robert S. Kerr. The purpose of S. 1940 is to provide certain educational and training benefits to veterans who served in the active military, naval, or Air Force on or after June 27, 1950.

The pending bill differs in certain important particulars from the present law governing educational and training benefits now available to veterans of World War II, and the committee is hopeful that the witnesses will give consideration to these differences during the course of their testimony. In this connection, the committee staff has prepared a comparative print which shows the differences between S. 1940 and the present law. I now submit both S. 1940 and the comparative print for inclusion in the record.

(S. 1940 and the comparative print are as follows:)

[S. 1940, 82d Cong., 1st sess.]

A BILL To provide certain educational and training benefits to veterans who served in the active military, naval, or air service on or after June 27, 1950

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1, title I, Public Law Numbered 2, Seventy-third Congress, as amended, is hereby amended by adding at the end thereof a new subsection known as subsection (h) and to read as follows:

"(h) Any person who served in the active military, naval, or air service on or after June 27, 1950, and prior to such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress, shall be entitled to education or training subject to the provisions and limitations of part X of Veterans Regulation Numbered 1 (a), as amended."

SEC. 2. Veterans Regulation Numbered 1 (a), as amended, is hereby amended by adding at the end thereof a new part to be known as part X and to read as follows:

"PART X

"1. Any person who served in the active military, naval, or air service on or after June 27, 1950, and prior to such a date as shall hereafter be determined

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by Presidential proclamation or concurrent resolution of the Congress (hereinafter referred to as the basic service period), and who shall have been discharged or released therefrom under conditions other than dishonorable, and whose education or training was interrupted by reason of his entrance into the service, or who desires a course of education or training for a period of not in excess of twelve months, and who either shall have served ninety days or more, exclusive of any period he was assigned to a civilian institution for a course of education or training under the Army, the Navy, or the Air Force which course was substantially the same as established courses offered to civilians, or as a cadet or midshipman at one of the service academies, or shall have been discharged or released from active service by reason of an actual service-incurred injury or disability, shall be eligible for and entitled to receive a course of education or training under this part: Provided, That such course shall be initiated not later than two years after the date of his discharge unless he shall, within the twoyear period and prior to termination of the basic service period, return to active duty in the Armed Forces, in which event his two-year period shall cease to run until his subsequent discharge: Provided further, That no such course of education or training shall be afforded beyond seven years after the termination of the basic service period: And provided further, That any such person who had not passed his twenty-third birthday on June 27, 1950, or the date he entered the service, whichever is later, shall be deemed to have had his education or training interrupted.

"2. Any such eligible person upon application to the Administrator, shall be entitled to a course of education or training to assist him in attaining an educational or vocational objective for a period not to exceed the time such person was in the active service on or after June 27, 1950, and before such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress (the basic service period), exclusive of any period he was assigned to a civilian institution for a course of education or training under the Army, the Navy or the Air Force which course was substantially the same as established courses offered to civilians or as a cadet or midshipman at one of the service academies, but an eligible person whose education or training was not interrupted by reason of his entrance into the service shall not be entitled to more than twelve months of education or training under this law: Provided, That in no event shall the total period of education or training under this part X, or under both this part and part VIII of Veterans Regulation Numbered 1 (a), as amended, exceed forty-eight months: Provided further, That his work continues to be satisfactory throughout the period, according to the regularly prescribed standards and practices of the institution: Provided further, That for veterans in schools regularly operated on the quarter or semester system, wherever the period of eligibility ends during a quarter or semester and after a major part of such quarter or semester has expired, such period shall be extended to the termination of such unexpired quarter or semester. In all other institutional courses, wherever the period of eligibility ends after a major portion of the course is completed, such period may be extended not more than nine weeks to completion.

"3. (a) Such person shall be eligible for and entitled to such course of education or training, in full-time (or the equivalent thereof in part-time) training, as he may elect, and at any approved educational or training institution at which he chooses to enroll, whether or not located in the State in which he resides, which will accept or retain him as a student or trainee in any field or branch of knowledge which such institution finds him qualified to undertake or pursue: Provided, That, prior to the applicable delimiting date for initiating his course and subject to the limitations of subparagraph (c) of this paragraph 3, such person shall be entitled to change his course of education or training once without approval from the Administrator: Provided further, That the Administrator is authorized to approve additional changes of course of education or training when he finds that

"A. The veteran is not making satisfactory progress in his present course and the failure is not due to his own misconduct, his own neglect, or his own lack of application; or

"B. The course to which the veteran desires to change is more in keeping with his aptitude, previous education, training, or other such pertinent facts; or

"C. A course to which the veteran desires to change, while not a part of the course currently pursued by him, is a normal progression from said

course and will enable him to attain his educational or vocational objective;

or

"D. There exist other most cogent reasons for the change:

And provided further, That any such course of education or training may be discontinued at any time, if it is found by the Administrator that, according to the regularly prescribed standards and practices of the institution, the conduct or progress of such person is unsatisfactory.

"(b) Any such eligible person may apply for a course of instruction by correspondence without any subsistence allowance: Provided, That one-fourth of the elapsed time in following such course shall be charged against the veteran's period of eligibility: Provided further, That the Administrator shall have authority to contract with approved institutions for such courses if he finds that the agreed cost is reasonable and fair: And provided further, That the provisions of paragraph 5 shall not prevent the payment of such agreed rates.

"(c) The Administrator shall refuse approval to any course elected or commenced by a veteran which is avocational or recreational in character. The following courses shall be presumed to be avocational or recreational in character: Dancing courses; photography courses; flight and glider courses; bartending courses; personality-development courses; entertainment courses; music courses, instrumental and vocal; public-speaking courses; and courses in sports and athletics such as horseback riding, swimming, fishing, skiing, golf, baseball, tennis, bowling, and sports officiating (except applied music, physical education, or public-speaking courses which are offered by institutions of higher learning for credit as an integral part of a course leading to an educational objective); but no such course shall be considered to be avocational or recreational in character if the veteran submits complete justification that such course will contribute to bona fide use in the veteran's present or contemplated business or occupation; and the Administrator may find any other course to be avocational or recreational in character.

"4. From time to time the Administrator shall secure from the appropriate agency of each State a list of the educational and training institutions (including industrial establishments), within such jurisdiction, which are qualified and equipped to furnish education or training, which institutions, together with such additional ones as may be recognized and approved by the Administrator, shall be deemed qualified and approved to furnish education or training to such persons as shall enroll under this part: Provided, That wherever there are established State apprenticeship agencies expressly charged by State laws to administer apprentice training, whenever possible, the Administrator shall utilize such existing facilities and services in training on the job when such training is of a year's duration or more: Provided further, That any school operated for profit shall not be deemed to be qualified and approved for the enrollment of veterans not already enrolled during any period in which the Administrator finds that it has fewer than twenty-five equivalent full-time students or one-third of the equivalent full-time students enrolled (whichever is larger), paying all of their own tuition without rebate or scholarships: Provided further, That no school or course shall be deemed qualified and approved unless the Administrator finds that it was in operation for a period of one year immediately prior to the date of approval, but this shall not require or permit the disapproval of (a) any course in a public school or other tax-supported school, (b) any course in an institution which has been in operation for a period of more than one year which does not completely depart from the whole character of the instruction previously given by such institution, or (c) any course in an institution which has been in operation for a period of more than one year, by reason of a change in the location of such institution from one point to another within the same general locality: Provided That upon the certification of any State approval agency, that a new or existing institution is essential to meet the requirements of veterans in such State, the Administrator in his discretion may approve such an institution notwithstanding the provisions of this paragraph.

"5. (a) The Administrator shall pay to the educational or training institution for each person enrolled in a course of education or training an amount not to exceed one-half of such tuition and fees as are charged regular nonveteran students of the same category, but in no event shall the total amount paid by the veteran and the Administrator exceed that charged to other students in similar category within the institution for the successful pursuit and completion of the course: Provided, That in no event shall such payments by the Administrator, with respect to any person, exceed $300 for a full-time course for an ordinary school year: Provided further, That no payments shall be made to insti

tutions, business or other establishments furnishing apprentice or other training on the job And provided further, That, subject to the first proviso hereof, where the enrollment in any course in a nonprofit school (including an institutional on-farm training course) consists of fewer than one-third of the students enrolled paying all of their own tuition, the Administrator shall determine a fair and reasonable rate to be paid for such course by the Administrator and the veteran: And provided further, That as to any veteran who pursues a course of education or training full time or part time without subsistence allowance, the Administrator shall pay to the approved institution the charges for tuition and fees required of other students for the successful pursuit and completion of the course by other students in the institution, or the fair and reasonable rate established in applicable cases pursuant to the third proviso hereof, but not in excess of the rate of $600 for a full-time course for an ordinary school year.

"(b) In any case where it is found that an overpayment to a veteran of subsistence allowance (which overpayment has not been recovered or waived) is proved in a hearing before the Committee on Waivers of the appropriate Veterans' Administration regional office to be the result of willful or negligent failure of the school to report, as required by applicable regulation or contract, to the Veterans' Administration unauthorized or excessive absences from a course, or discontinuance or interruption of a course by the veteran, the amount of such overpayment shall, at the discretion of the Administrator, constitute a liability of the school for such failure to report, and may be recovered by an offset from the amounts otherwise due the school or in other appropriate action: Provided, That any amount so collected shall be reimbursed if the overpayment is received from the veteran. This provision shall not preclude the imposition of any civil or criminal action under any other statute.

"6. (a) While enrolled in and pursuing a course under this part, such person, upon application to the Administrator and certification of actual attendance each month, shall be paid an allowance for subsistence, supplies, and equipment beginning with the first day of required attendance and ending with the last day of required attendance of a given academic year or other enrollment period, including not in excess of thirty days in a calendar year for absences authorized by the institution or establishment and days when the institution is not regularly in session, not counting as absences week ends or legal holidays established by Federal or State law during which the institution is not regularly in session : Provided, That (1) while so enrolled and pursuing a course of full-time institutional training, such person shall be paid an allowance for subsistence, supplies, and equipment of $80 per month if without a dependent or dependents, or $110 per month if he has one dependent, or $125 per month if he has more than one dependent, and (2) while so enrolled and pursuing a course of part-time institutional training, or a course of institutional on-farm training, or a course of apprenticeship training, or other training on the job, or combination course, such person shall be paid an allowance for subsistence, supplies, and equipment at the rate, for a full-time course, of $70 per month if without a dependent or dependents, or $95 per month if he has a dependent or dependents: Provided further, That while so enrolled and pursuing a course of institution on-farm training, or a course of apprenticeship training, or other training on the job, such allowance for subsistence, supplies, and equipment shall be reduced each four months as the course progresses in the ratio that such four months' period bears to the total length of the veteran's approved course under this part, converted to the next higher four months' interval in the case of a course which is not equal to an exact multiple of four months: Provided further, That such person attending a course on less than one-half time basis shall not be entitled to an allowance for subsistence, supplies, and equipment: Provided further, That at the beginning of the veteran's course, or enrollment period, and each twelve months thereafter, if continuously enrolled, the Administrator shall require a report of income from productive labor reasonably to be expected by the veteran during his enrollment period or the next twelve months' period if he will be continuously enrolled, and the veteran's allowance for subsistence, supplies, and equipment shall be adjusted prospectively so that in no event shall the rate of such allowances plus the income from productive labor reasonably expected to be received by the veteran exceed the rate of $2.580 for a twelve months' period for a veteran without a dependent, or $3,300 for a twelve months' period for a veteran with one dependent, or $3,540 for a twelve months' period for a veteran with two or more dependents.

"(b) For the purpose of this part, a trade or technical course, offered on a clock-hour basis below the college level, for training in those occupations which

are customarily learned through apprenticeships or other training on-the-job shall be considered a full-time course when a minimum of thirty-six hours per week of attendance is required.

"7. Any such person eligible for the benefits of this part, who is also eligible for the benefit of part VII, Veterans Regulation Numbered 1 (a), may elect either benefit or may be provided and approved combination of such courses: Provided, That the total period of any such combined courses shall not exceed the maximum period or limitations under the part affording the greater period of eligibility.

"8. No department, agency, or officer of the United States, in carrying out the provisions of this part, shall exercise any supervision or control, whatsoever, over any State educational agency, or State apprenticeship agen y, or any educational or training institution: Provided, That nothing in this section shall be deemed to prevent any department, agency, or officer of the United States from exercising any supervision or control which such department, agency, or officer is authorized, by existing provisions of law, to exercise over any Federal educational or trading institution, or to prevent the furnishing of education or training under this part in any institution over which supervision or control is exercised by such other department, agency, or officer under authority of existing provisions of law.

"9. The Administrator of Veterans' Affairs is authorized and empowered to administer this title, and, insofar as he deems practicable, shall utilize existing facilities and services of Federal and State departments and agencies on the basis of mutual agreements with them. Consistent with and subject to the provisions and limitations set forth in this title, the Administrator shall, from time to time, prescribe and promulgate such rules and regulations as may be necessary to carry out its purposes and provisions.

"10. The Administrator may arrange for educational and vocational guidance to persons eligible for education and training under this part and, if the Administrator requires such educational and vocational guidance, he is authorized, in his discretion, to defray, or reimburse the veteran for, his traveling expenses to and from the place of advisement. At such intervals as he deems necessary, he shall make available information respecting the need for general education and for trained personnel in the various crafts, trades, and professions: Provided, That facilities of other Federal agencies collecting such information shall be utilized to the extent he deems practicable.

"11. (a) As used in this part, the term 'educational or training institutions' shall include all public or private elementary, secondary, or other schools furnishing education for adults, business schools and colleges, scientific and technical institutions, colleges, vocational schools, junior colleges, teachers colleges, normal schools, professional schools, universities, and other educational institutions, and shall also include business, or other establishments providing apprentice or other training on the job, including those under the supervision of an approved college or university or any State department of education, or any State apprenticeship agency or State board of vocational education, or any State apprenticeship council or the Federal Apprentice Training Service established in accordance with Public Law Numbered 308, Seventy-fifth Congress, or any agency in the executive branch of the Federal Government authorized under other laws to supervise such training.

"(b) As used in this part the term 'apprentice or other training on the job' shall include courses offered by establishments approved by the appropriate agency of the State or the Administrator whenever such courses of apprentice or other training on the job are furnished in accordance with the following provisions:

"1. Any establishment desiring to undertake an apprentice or other training on-the-job program will be required to submit to the appropriate State approving agency a written application setting forth the course of training for each job for which a veteran is to be trained. The written application covering the training program will include the following:

"a. Title and description of the specific job objective for which the veteran is to be trained.

"b. Length of the training period.

"c. Schedule listing various operations for major kinds of work or tasks to be learned and showing for each, job operations or work, tasks to be performed, and the approximate length of time to be spent on each operation or task.