B-105303, SEP. 3, 1959
Highlights
VETERANS ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER OF JUNE 16. INCLUDED IN THE REVISIONS PROPOSED ARE CHANGES IN STATUTORY REFERENCES. CERTAIN MODIFICATIONS HAVE BEEN SUGGESTED INFORMALLY DURING CONFERENCES BETWEEN REPRESENTATIVES OF OUR RESPECTIVE STAFFS WHICH SEEM DESIRABLE. ONE OF THE CHANGES PROPOSED WOULD ADD A NEW SUBPARAGRAPH (F) TO SECTION 1203G RELATING TO "SELECTION OF PROGRAM" WHICH WOULD PERMIT INSTRUCTION BY OPEN CIRCUIT TELEVISION AND NEW PROVISIONS ARE ALSO PROPOSED UNDER SUBPARAGRAPH (D) (6) OF SECTION 12066 RELATING TO THE "MEASUREMENT OF FULL OR PART-TIME CLASSES" WHICH WOULD PROVIDE A BASIS FOR CREDITING INSTRUCTION BY OPEN CIRCUIT TELEVISION. THERE IS NO PROVISION IN CHAPTER 33 WITH RESPECT TO TELECAST INSTRUCTION AS THIS TYPE OF INSTRUCTION APPARENTLY WAS NOT OFFERED AND WAS NOT CONSIDERED AT THE TIME THE VETERANS' READJUSTMENT ASSISTANCE ACT OF 1952 WAS ENACTED.
B-105303, SEP. 3, 1959
TO THE HONORABLE SUMNER C. WHITTIER, ADMINISTRATOR, VETERANS ADMINISTRATION:
REFERENCE IS MADE TO YOUR LETTER OF JUNE 16, 1959, TRANSMITTING PROPOSED CHANGES IN SECTIONS 12000 THROUGH 13067 OF VETERANS ADMINISTRATION REGULATIONS (38 C.F.R. 21.2000-21.2067) RELATING TO THE PAYMENT OF EDUCATION AND TRAINING ALLOWANCES TO KOREAN CONFLICT VETERANS UNDER CHAPTER 33, TITLE 38, OF THE U.S.C.
IT APPEARS FROM THE JUSTIFICATION STATEMENT ACCOMPANYING YOUR TRANSMITTAL THAT A GENERAL REVISION OF THE REGULATIONS HAS BECOME NECESSARY AS A RESULT OF THE RECENT CODIFICATION OF ALL LAWS ADMINISTERED BY THE VETERANS ADMINISTRATION. INCLUDED IN THE REVISIONS PROPOSED ARE CHANGES IN STATUTORY REFERENCES, RESTATEMENT OF MANY OF THE SECTIONS IN SIMPLER LANGUAGE, THE INCORPORATION OF MATERIAL NOW APPEARING IN VETERANS ADMINISTRATION INFORMATION BULLETINS, CHANGES TO EFFECT NEW POLICY AND TO REFLECT SUBSTANTIVE CHANGES MADE UNDER THE PROVISIONS OF THE CODIFICATION.
CERTAIN MODIFICATIONS HAVE BEEN SUGGESTED INFORMALLY DURING CONFERENCES BETWEEN REPRESENTATIVES OF OUR RESPECTIVE STAFFS WHICH SEEM DESIRABLE. ONE OF THE CHANGES PROPOSED WOULD ADD A NEW SUBPARAGRAPH (F) TO SECTION 1203G RELATING TO "SELECTION OF PROGRAM" WHICH WOULD PERMIT INSTRUCTION BY OPEN CIRCUIT TELEVISION AND NEW PROVISIONS ARE ALSO PROPOSED UNDER SUBPARAGRAPH (D) (6) OF SECTION 12066 RELATING TO THE "MEASUREMENT OF FULL OR PART-TIME CLASSES" WHICH WOULD PROVIDE A BASIS FOR CREDITING INSTRUCTION BY OPEN CIRCUIT TELEVISION.
THERE IS NO PROVISION IN CHAPTER 33 WITH RESPECT TO TELECAST INSTRUCTION AS THIS TYPE OF INSTRUCTION APPARENTLY WAS NOT OFFERED AND WAS NOT CONSIDERED AT THE TIME THE VETERANS' READJUSTMENT ASSISTANCE ACT OF 1952 WAS ENACTED. LATER WHEN THE WAR ORPHANS' EDUCATIONAL ASSISTANCE ACT OF 1956 WAS UNDER CONSIDERATION AND THIS TYPE OF INSTRUCTION HAD BECOME AVAILABLE THE INTENT OF CONGRESS WAS MADE CLEAR UNDER SECTION 304 (C) OF THAT ACT WHICH EXPRESSLY PROHIBITS APPROVAL OF ENROLLMENT "IN ANY COURSE * * * PURSUED * * * BY TELEVISION OR RADIO," CODIFIED UNDER SECTION 1723 (E), CHAPTER 35, TITLE 38 OF THE U.S.C. IN VIEW OF THE MANDATE OF CONGRESS THUS EXPRESSED IT IS OUR OPINION THAT CREDIT FOR INSTRUCTION BY OPEN CIRCUIT TELECAST MAY NOT BE ALLOWED IN DETERMINING ALLOWANCES PAYABLE AS EDUCATION AND TRAINING ALLOWANCE UNDER THE AUTHORIZING STATUTES.