B-105303,B-114329, JUL 3, 1961

B-105303,B-114329: Jul 3, 1961

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VETERANS ADMINISTRATION: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 30. WITH RESPECT TO THE ADVISABILITY OF APPLYING THE COURT'S DECISION RETROACTIVELY TO CLAIMS BY RESIDENT SCHOOLS FOR ADDITIONAL ADMINISTRATIVE ALLOWANCES WHICH WERE NOT PAYABLE UNDER THE EXISTING REGULATIONS. WE HAVE SOME RESERVATIONS AS TO WHETHER THE PROPOSED REVISION OF THE REGULATIONS IS CONSISTENT WITH THE STATUTORY PROVISIONS AND WE ARE NOT IN AGREEMENT WITH THE RATIONALS OF THE DECISION BY THE COURT OF CLAIMS. IT IS OUR UNDERSTANDING THAT THE COMMITTEE ON VETERANS AFFAIRS IS DEEPLY INTERESTED IN THIS MATTER AND DESIRES TO CONSIDER THE NEED FOR CLARIFYING OR CORRECTIVE LEGISLATION. OUR ACTION IN THIS MATTER WILL THEREFORE BE IN ABEYANCE UNTIL AFTER THE COMMITTEE'S DELIBERATIONS AND DETERMINATIONS HAVE BEEN CONCLUDED.

B-105303,B-114329, JUL 3, 1961

PRECIS-UNAVAILABLE

J. S. GLEASON, JR. ADMINISTRATOR, VETERANS ADMINISTRATION:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 30, 1961, TRANSMITTING A PROPOSED REVISION OF VETERANS ADMINISTRATION REGULATIONS 12303 AND 13210 TO PERMIT PAYMENT OF ADMINISTRATIVE ALLOWANCES TO RESIDENT SCHOOLS IN ACCORDANCE WITH A DECISION RENDERED BY THE COURT OF CLAIMS DECEMBER 1, 1960, IN CENTRAL TECHNICAL INSTITUTE V. UNITED STATES, 284 F. 2D 377, AND TO YOUR LETTER OF MAY 25, 1961, WITH RESPECT TO THE ADVISABILITY OF APPLYING THE COURT'S DECISION RETROACTIVELY TO CLAIMS BY RESIDENT SCHOOLS FOR ADDITIONAL ADMINISTRATIVE ALLOWANCES WHICH WERE NOT PAYABLE UNDER THE EXISTING REGULATIONS.

WE HAVE SOME RESERVATIONS AS TO WHETHER THE PROPOSED REVISION OF THE REGULATIONS IS CONSISTENT WITH THE STATUTORY PROVISIONS AND WE ARE NOT IN AGREEMENT WITH THE RATIONALS OF THE DECISION BY THE COURT OF CLAIMS. FUTHERMORE, IT IS OUR UNDERSTANDING THAT THE COMMITTEE ON VETERANS AFFAIRS IS DEEPLY INTERESTED IN THIS MATTER AND DESIRES TO CONSIDER THE NEED FOR CLARIFYING OR CORRECTIVE LEGISLATION.

OUR ACTION IN THIS MATTER WILL THEREFORE BE IN ABEYANCE UNTIL AFTER THE COMMITTEE'S DELIBERATIONS AND DETERMINATIONS HAVE BEEN CONCLUDED. WE ARE SO ADVISING THE COMMITTEE TODAY.