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, but on such other course shall be considered avocational or recreational in character when a certificate in the form of an affidavit supported by corroborating affidavits by two competent disinterested persons has been furnished by a physically qualified veteran stating that such education or training will be useful to him in connection with earning a livelihood. Notwithstanding the foregoing provisions of this paragraph, education or training for the purpose of teaching a veteran to fly or related aviation courses in connection with his present or contemplated business or occupation shall not, in the absence of substantial evidence to the contrary, be considered avocational or recreational when a certificate in the form of an affidavit supported by corroborating affidavits by two competent disinterested persons, has been furnished by a physically qualified veteran stating that such education or training will be useful to him in connection with earning a livelihood.]

"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, [(including apprenticeship, refresher or retraining and institutional on-farm 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 [one] 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: ["A. That the Administrator shall disapprove a course in any institution which has been in operation for a period of less than one year immediately prior to the date of enrollment in such course unless such enrollment was prior to August 24, 1949.] 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 approved 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 [(including the institution offering institutional on farm training),] for each person enrolled in [full time or part time] a course of education or training [, the customary cost of tuition, and such laboratory, library, health, infirmary, and other similar fees as are customarily charged, and may pay for books, supplies, equipment, and other necessary expenses, exclusive of board, lodging, other living expenses, and travel, as are generally required for the successful pursuit and completion of the course by other students in the institution:] 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 [$500] $300 for a full-time course for an ordinary school year [unless the veteran elects to have such customary charges paid in excess of such limitation, in which event there shall

be charged against his period of eligibility the proporton of an ordinary school year which such excess bears to $500:]: Provided further, That no payments shall be made to institutions, business or other establishments furnishing apprentice or other training on the job: And provided further, That [any institution may apply to the Administrator for an adjustment of tuition and the Administrator, if he finds that the customary tuition charges are insufficient to permit the institution to furnish education or training to eligible veterans, or inadequate compensation therefor, may provide for the payment of such fair and reasonable compensation as will not exceed the estimated cost of teaching personnel and supplies for instruction; and may in like manner readjust such payments from time to time. In the computation of such estimated cost of teaching personnel and supplies for instruction in the case of any college of agriculture and the mechanic arts, no reduction shall be made by reason of any payments to such college from funds made available pursuant to the Act entitled "An Act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July 2, 1862, as amended and supplemented (U. S. C., 1946 edition, title 7, secs. 30-329, inclusive); and in the computation of such estimated cost of teaching personnel and supplies for instruction in the case of any nonprofit educational instutition, no reduction shall be made by reason of any payments to such institution from State or muicipal or other non-Federal public funds, or from private endownments or gifts or other income from non-public sources: And provided further, That for the purpose of applying the governing statutes and applicable regulations of the Veterans' Administration respecting the payment of tuition and other charges, in the case of nonprofit institutions, any institution shall be regarded as a nonprofit institution if it is exempt from taxaton under paragraph (6), section 101, of the Internal Revenue Code, whether it was certified as such by the Bureau of Internal Revenue before or subsequent to June 22, 1944: And provided further, That for the purpose of applying the governing statutes and applicable regulations of the Veterans' Administration respecting the payment of tuition and other charges, any professional or graduate school which has been continuously affiliated with an educational institution since June 22, 1944, may elect to be subject to the nonresident tuition rates established for such educational institution, with respect to payments made for tuition during any school year beginning on or after August 1, 1949, even though the administrative function of such school is separate and distinct from that of the institution with which it is affiliated], 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 off-set 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 amendment shall be construed as applying only to matters arising after the effective date of this amendment, and] 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, [(including an institutional on-farm training course)] such person, upon application to the Administrator and certification of actual attendance each month, shall be paid [a

subsistence allowance of $65 per month, if without a dependent or dependents, or $90 per month, if he has a dependent or dependents, including regular holidays and leave not exceeding thirty days in a calendar year: Except,] 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, euch person [] shall be paid La subsistence allowance] an allowance for subsistence, supplies, and equipment of [$75] $80 per month if without a dependent or dependents, or [$105] $110 per month if he has one dependent or [$120] $125 per month if he has more than one dependent, and (2) while so enrolled and pursuing a course of part-time institutional training, [including] or a course of institutional on-farm_training, or a course of apprenticeship training, or other training on the job, or [other] a combination course, such person shall be paid [subject to the limitation of this paragraph, additional subsistence allowance in an amount bearing the same relation to the difference between the basic rates and the increased rates provided in (1) hereof as the institutional training part of such course bears to a course of full-time institutional training. Such person attending a course on a part-time basis, and such person receiving compensation for productive labor whether performed as part of his apprentice or other training on the job at institutions, business or other establishments, or otherwise, shall be entitled to receive such lesser sums, if any, as subsistence or dependency allowances as may be determined by the Administrator: Provided, That in no event shall the rate of such allowance plus the compensation received exceed $210 per month for a veteran without a dependent, or $270 per month for a veteran with one dependent, or $290 for a veteran with two or more dependents: Provided further, That only so much of the compensation as is derived from productive labor based on the standard work-week for the particular trade or industry, exclusive of overtime, shall be considered in computing the rate of allowances payable under this paragraph,] 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, [involving shop practice as an integral part thereof,] for training in those occupations which are customarily learned through apprenticeships or other training on-the-job shall be considered a fulltime course when a minimum of [thirty] thirty-six hours per week of attendance is required [with not more than thirty minutes of rest period per day allowed. A course offered on a clock-hour basis below the college level in which theoretical or classroom instruction predominates shall be considered a full-time course when a minimum of twenty-five hours per week net of instruction is required. The provisions of the first sentence of this subparagraph shall not be applicable prior to July 1, 1951, in the case of any school or institution in which, for a period 90832-51 -2

of one year immediately preceding the date of enactment of the Veterans' Education and Training Amendments of 1950, a minimum of twenty-five hours per week of attendance was required for any course in compliance with regulations of the Veterans' Administration.]

"7. Any such person eligible for the benefits of this part, who is also eligible for the benefit of [this] part VII, Veterans Regulation Numbered 1 (a), may elect either benefit or may be provided an 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 agency, 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 training, 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[: Provided, That except as provided in this amendment, no regulation or other purported construction of title II of the Servicemen's Readjustment Act of 1944, as amended, shall be deemed consistent therewith which denies or is designed to deny to any eligible person, or limit any eligible person in, his right to select such course or courses as he may desire, during the full period of his entitlement or any remaining part thereof, in any approved educational or training institution or institutions, whether such courses are full time, part time, or correspondence courses: Provided further—]

NOTE. Sec. 400 (9) (A) put in sec. 4 of this bill, S. 1940. (See p. 8 of S. 1940.)

[B. That in accordance with the provisions of paragraph 3 (a) of this part, the Administrator may, for reasons satisfactory to him, disapprove a change of course of instruction, and may discontinue any course of education or training if he finds that according to the regularly prescribed standards of the institution the conduct or progress of such persons is unsatisfactory; C. That if any eligible veteran, who has completed or discontinued (for any reason other than unsatisfactory conduct or progress) a course of education or training, applies for an additional course in the same or any other field of education or training, the Administrator may deny initiation of such course only if he finds (1) that it is precluded by the first proviso, paragraph 1 of this part VIII, as amended, or (2) that it is not in the same general field as his original educational or occupational objective, and that such veteran has already made one change from one general field to another, or (3) that it is precluded by limitation of paragraph D below: Provided, That, in any case in which the veteran has already made one change from one general field to another, the Administrator may require advisement and guidance before approving another such change, but where the Administrator requires such advisement and guidance and the veteran is not notified of the decision of the Administrator within forty-five days following the date of application for such change, such change shall be deemed to have been approved ;]

NOTE. Sec. 400 (9) (D) put in sec. 3 (c) of this bill, S. 1040. (See p. 6 of S. 1940.) "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 [and] 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 Sttae 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 '[or] 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 [training] 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. 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 factors 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 rqeuirement shall not be applicable to courses of apprentice training.

"f. The length of the training period is no longer than [that] 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 veterans 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.