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"d. Wage or salary to be paid at the beginning of the training program, at each successive step in the program, and at the completion of training. "e. Entrance wage or salary paid by the establishment to employees already trained in the kind of work for which the veteran is to be trained. "f. Number of hours of supplemental instructions required.

"2. The appropriate approving agency of the State or the Administrator may approve the application of the establishment when such establishment is found upon investigation to have met or made provision for meeting the following criteria:

"a. The training content of the program is adequate to qualify the veteran for appointment to the job for which he is to be trained.

"b. There is reasonable certainty that the job for which the veteran is to be trained will be available to him at the end of the training period.

"c. The job is one in which progression and appointment to the next higher classification are based upon skills learned through organized training on the job and not on such favors as length of service and normal turn

over.

"d. The wages to be paid the veteran for each successive period of training are not less than those customarily paid in the establishment and the community to a learner in the same job and who is not a veteran and are in conformity with State and Federal laws and applicable bargaining agreements.

"e. The job customarily requires a period of training of not less than three months and not more than two years of full-time training: Provided, That this requirement shall not be applicable to courses of apprentice training.

"f. The length of the training period is no longer than customarily required by the establishment and other establishments in the community to provide the trainee with the required skills, arrange for the acquiring of job knowledge, technical information, and other facts which the trainee will need to learn in order to become competent on the job for which he is being trained.

"g. Provision is made for related instruction for the individual veteran who may need it.

"h. There is in the establishment adequate space, equipment, instructional material, and instructor personnel to provide satisfactory training on the job.

"i. Adequate records are kept to show the progress made by the veteran toward his job objective and a periodic report showing the conduct and progress made in the course of training on the job will be provided for the Veterans' Administration.

"j. Appropriate credit is given the veteran for previous training or job experience whether in the military service or elsewhere, his beginning wage adjusted to the level to which such credit advances him and his training period shortened accordingly. No course of training will be considered bona fide if given to a veteran who is already qualified by training and experience for the job objective.

"k. A copy of the training program as approved by the State agency is provided to the veteran and to the Veterans' Administration by the employer.

"1. Upon completion of the training the veteran is given a certificate by the employer indicating the length and type of training provided and that the veteran has completed the course of training on the job satisfactorily. "3. The Veterans' Alministration is not authorized to award the benefits under this part, if it is found by either the Administrator or the appropriate State approving agency that the course of apprentice training or other training on the job fails to meet the requirements of this paragraph. "(c) As used in this part the term 'institutional on-farm training' shall include any course of instruction approved by the appropriate agency of the State or the Administrator. Such course shall be considered a full-time course when it combines (1) organized group instruction in agricultural and related subjects of at least two hundred hours per year (and of at least eight hours each month) at an educational or training institution, with (2) supervised work experience on a farm or other agricultural establishment. To be approved, such a course shall be developed with due consideration to the size and character of the farm on which the veteran is to receive his supervised work experience and to the need of the veteran, in the type of farming for which he is training, for proficiency

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.

"d. Adequate records are kept to show attendance, progress, and conduct, with periodic reports to be provided to the Veterans' Administration; and there are clearly stated and enforced standards of attendance, progress, and conduct.

"e. Appropriate credit is given for previous training or experience, with training period shortened proportionately. No course of training will be considered bona fide as to a veteran who is already qualified by training and experience for the course objective.

"f. A copy of curriculum as approved is provided to the veteran and the Veterans' Administration by the school.

"g. Upon completion of the training, the veteran is given a certificate by the school indicating the approved course, title, and length, and that the training was completed satisfactorily.

"h. Such additional criteria established by the State approving agency as it may deem necessary for approval of schools training veterans under this part.

"3. No new course, or additions to the capacity of an existing course, in any school operated for profit, shall be approved if the State approving agency shall determine that the occupation for which the course is intended to provide training is crowded in the State where the training is to be given and that existing training facilities are adequate.

"4. The Veterans' Administration is not authorized to award benefits under this part if it is found by either the appropriate State approving agency or the Administrator that the course offered by a school operated for profit fails to meet the applicable requirements of this subparagraph (d) or the Administrator finds that the school has submitted willfully false or misleading claims.

"12. The appropriation for the Veterans' Administration, 'Administration, medical, hospital, and domiciliary services,' shall be available for necessary expenses under this part of Veterans Regulation 1 (a), and there is hereby authorized to be appropriated such additional amount or amounts as may be necessary to accomplish the purposes hereof. Any such appropriation shall also be available for use by the Administrator in reimbursing State and local agencies for reasonable expenses incurred by them in (1) rendering necessary services in ascertaining the qualifications of industrial establishments for furnishing on-the-job training to veterans under the provisions of this part of such regulation, and in the supervision of industrial establishments furnishing such training, or (2) furnishing, at the request of the Administrator, any other services or facilities in connection with the administration of programs for training on the job under such provisions, or (3) rendering necessary services in ascertaining the qualifications of profit institutions for furnishing education and training under the provisions of this part of such regulation and in the supervision of such institutions."

SEC. 3. 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 by Presidential proclamation or concurrent resolution of the Congress, shall be entitled to job counseling and employment placement services subject to the provisions and limitations of title IV of the Servicemen's Readjustment Act of 1944, as amended.

SEC. 4. This Act may be cited as the "Servicemen's Readjustment Act of 1951."

[COMMITTEE PRINT]
SEPTEMBER 13, 1951

S. 1940 Compared With Part VIII Servicemen's Readjustment Act of 1944, as Amended

Matter printed in roman type appears both in S. 1940 and part VIII, as amended. Matter enclosed in black brackets appears in part VIII, as amended, but not in S. 1940. Matter printed in italic type appears only in S. 1940.

[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:

[(f)] "(h) Any person who served in the active military [or] naval [forces,] or air service on or after [September 16, 1940,] June 27, 1950, and prior to [the termination of hostilities in the present war] such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress, shall be entitled to [vocational rehabilitation] education or training subject to the provisions and limitations of part X of Veterans Regulation Numbered 1 (a), as amended, part VIII, or to education or training subject to the provision and limitation of part VIII].

SEC. 2. Veterans Regulation Numbered 1 (a), as amended, is hereby amended by adding at the end thereof a new part [VIII as follows (38 U. S. C., chap. 12 appendix):] to be known as part X and to read as follows:

"PART [VIII] X

"1. Any person who served in the active military [or] naval or air service on or after (September 16, 1940)] June 27, 1950, and prior to [the termination of the present war] such a date as shall hereafter be determined 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 [specialized training program or the Navy college training program], the Navy, or the Air Force which course was [a continuation of his civilian course and was pursued to completion] 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 [four] two years after [either] the date of his discharge [or the termination of the present war, whichever is the later:] unless he shall, within the two-year 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 [nine] seven years after the termination of the [present war] 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 [at an approved educational or training institution for a period of one year plus the time such person was in the active service on or after September 16, 1940, and before the termination of the war] to assist him in attaining an educational or vocational objective for a period of 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, [specialized training program or the Navy college training program,] the Navy, or the Air Force which course was [a continuation of his civilian course and was pursued to completion,] 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 [four years] 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 [for reasons satisfactory to the Administrator, he may change a course of instruction:] 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 [short, intensive postgraduate, or training course of less than thirty weeks:] 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 [the] authority to contract with approved institutions for such courses if he finds that the agreed cost [of such courses] is reasonable and fair: And provided further, That [(1)] the [limitation] provisions of paragraph 5 shall not prevent the payment of such agreed rates. [but there shall be charged against the veteran's period of eligibility the proportion of an ordinary school year which the cost of the course bears to $500, and (2) not in excess of $500 shall be paid for any such course.]

[(c) Any such eligible person may apply for a course of instruction by correspondence without any subsistence allowance: Provided, That the Administrator shall have authority to contract with approved institutions for such courses if he finds that the agreed cost of such courses is reasonable and fair: Provided further, (1) That the provisions of paragraph 5 shall not apply to correspondence courses; (2) that one-fourth of the elapsed time in following such course shall be charged against the veteran's period of eligibility; and (3) that the total amount payable for a correspondence course or courses for any veteran shall not exceed $500; And provided further, That nothing herein shall be construed to preclude the use of approved correspondence courses as a part of institutional or job training, subject to regulations prescribed by the Administrator.]

"(c) [(D) That] The Administrator shall refuse approval to any course elected or commenced by a veteran [on or subsequent to July 1, 1948,] 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; personalitydevelopment 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

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