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ENACTMENTS BY THE 88TH CONGRESS CONCERNING

EDUCATION AND TRAINING, 1963-64

CHAPTER I. INTRODUCTION

A. PURPOSE OF THIS REPORT

The main purpose of this report is to provide a comprehensive record of enactments by the 88th Congress (1963-64) concerning education and training. Besides giving the texts of the enactments, the report presents digests of these laws, with particular reference to their educational and training features or aspects. The report also cites related recommendations by President Kennedy and by President Johnson, and summarizes the legislative histories of the enacted bills containing educational and training provisions. The report incidentally includes some selected comments from the public press relative to action on these bills.

B. SCOPE OF THE REPORT

This report covers legislation relating to “education and training." In the broadest sense, the former term includes the latter. It would be presumptuous, however, to attempt to define in this report precisely what legislation Congress would consider pertinent to or affecting "education." Since the report is intended to be quite comprehensive, it includes acts referring specifically to "training," as well as those referring to "education." Thus, the report covers a variety of legislation and legislative objectives. Apart from the omission of all but a few appropriation measures, the aim is to include both legislation involving direct Federal financing and administration of education and training activities, and legislation involving forms of Federal aid to States, localities, institutions, and individuals in these fields. In some instances the legislative provisions included are subsidiary parts of legislation principally concerned with other matters. In brief, what is here presented is a panoramic view of many highly diversified measures of current interest concerning education and training.

The legislative procedures toward enactment of the legislation were complicated, with a number of the separately introduced proposals having been substantially involved at some time in the Kennedy administration's omnibus education bill (H.R. 3000 and S. 580) and in 1963 hearings on that bill. Hence in order to offer a separate, readable history of each proposal, some minor repetition has been included in the accounts. The alternative would have been frequently to refer the reader to information given on other pages of the report.

1 Most of the departments and independent agencies of the Government administer some educational or training programs. This report includes certain appropriations for only the U.S. Office of Education and some of the larger programs of other agencies affecting education and training for the fiscal years 1964 and 1965.

C. SOURCES

The information in this report has been obtained principally from the daily Congressional Record for the 1st and 2d sessions of the 88th Congress (1963-64); the daily calendars of the House of Representatives for these sessions; the issues of the Digest of Public General Bills and Selected Resolutions for these sessions; the texts of the bills dealt with at various stages of the legislative process; the House and Senate hearings and committee reports on these bills; the texts of the laws enacted; and the nongovernmental periodical publications cited in footnotes throughout the report.

CHAPTER II. BILLS REPORTED FROM THE COMMITTEE

ON LABOR AND PUBLIC WELFARE

When, on December 16, 1963, President Johnson signed into law the Higher Education Facilities Act of 1963, which he termed "the most significant education bill passed by the Congress in the history of the Republic," he said that the 1st session of the 88th Congress will be known in history as "the education Congress of 1963."1

In a telegram to the national convention of the Citizens for Educational Freedom on August 8, 1964, President Johnson said:

You are meeting as the 88th Congress is completing a record of support for education unmatched in our history. But still more needs to be done to assure educational opportunity for all and to help raise the quality of education throughout our society.'

Hundreds of bills affecting education or training were introduced early in the 88th Congress. At least 125 such bills were introduced in the House of Representatives alone during the first 2 days of the first session. These bills included, for example, 2 bills to provide grants and loans to aid in college facilities construction: 2 to establish a national scholarship program; 34 to amend the Internal Revenue Code. to provide tax credits or deductions for educational expenses; 8 to establish a Youth Conservation Corps: 7 affecting veterans' education; 3 enlarging the scope of the National Defense Education Act; and several to provide Federal assistance for the establishment, expansion, and improvement of programs of technical education at the college level. These proposals, distributed among several committees, were suggestive of the larger number of bills affecting education or training

to follow.

The Legislative Reorganization Act of 1946, which as amended, is currently effective, lists "measures relating to education, labor, or public welfare generally" first among those activities to be referred to the Senate Committee on Labor and Public Welfare. Other measures concerned with education and training which are named to be referred to that committee include those relating to vocational rehabilitation, education of veterans, and Howard University. However, the act requires that certain other measures which involve education and training be referred to other, named committees of the Senate. For example, the act directs referral of bills relating to the education of Indians to the Senate Committee on Public Lands.

In order to show to some extent the volume of education and training legislation considered by the Committee on Labor and Public Welfare, the following pages will list first, in chronological order of approval by the President, the enactments which, in the earlier forms

1 Remarks of the President upon signing H.R. 6143. the Higher Education Facilities Act of 1963. in the Cabinet Room. White House release, Dec. 16, 1963, p. 1.

2 Washington Star. Aug 9. 1964. p. AS.

Count reported by the American Council on Education in Higher Education and National Affairs, Jan. 16, 1963, p. 3.

of bills, were referred to that committee. The acts which in their earlier forms were referred to other committees of the Senate will be listed in a later chapter, likewise in the order of approval of the acts by the President.

A. APPROVAL OF COURSES UNDER THE WAR ORPHANS' EDUCATIONAL ASSISTANCE ACT

(Public Law 88-126, approved Sept. 23, 1963)

1. Legislative History

On January 18, 1963, Senator Ralph W. Yarborough, of Texas, introduced S. 330, proposing to amend chapter 35 of title 38, United States Code, to provide that after the expiration of the Korean conflict veterans' education and training program, approval of courses under the war orphans' educational assistance program would be by State approving agencies. The bill was referred to the Committee on Labor and Public Welfare.

On April 9, 10, 23, 24, and May 7, 1963, the Subcommittee on Veterans' Affairs of the Committee on Labor and Public Welfare held hearings on S. 330 and on another bill, S. 5, which proposed to provide readjustment assistance to veterans who served in the Armed Forces between January 31, 1955, and July 1, 1963.

S. 330 was reported in the Senate on June 27, 1963 (Rept. 334), It passed the Senate on July 9, 1963. It was reported in the House on August 14, 1963 (Rept. 676), and passed the House on September 9, 1963. The bill was approved on September 23, 1963, and became Public Law 88-126.

2. Summary of the Act

Public Law 88-126 provides for the designation of State agencies to work in conjunction with the Veterans' Administration in approving courses under the educational assistance program established for war orphans. The act provides that such designations take place after the expiration of the Korean veterans' education and training program. The act gives the Administrator of Veterans' Affairs authority to rely upon State approving agencies and make reimbursement for their services after January 31, 1965.

Congressional Record (daily edition), July 9, 1963, p. 11582.
Ibid., Sept. 9, 1963, pp. 15699–15701.

3. Text of the Act

Following is the text of Public Law 88-126:

PUBLIC LAW 88-126, 88тH CONGRESS, S. 330, SEPTEMBER 23, 1963

AN ACT To amend chapter 35 of title 38, United States Code, to provide that after the expiration of the Korean conflict veterans' education and training program, approval of courses under the war orphan's educational assistance program shall be by State approving agencies

Be it enacted by the Senate and House of Representative of the United States of America in Congress assembled, That chapter 35 of title 38, United States Code, is amended by adding at the end thereof the following:

"Subchapter VII-State Approving Agencies

1771. Designation

"(a) Unless otherwise established by the law of the State concerned, the chief executive of each State is requested to create or designate a State department or agency as the 'State approving agency' for his State for the purposes of this chapter after the date for the expiration of all education and training provided for in chapter 33 of this title. Such agency may be the agency designated or created in accordance with section 1641 of this title.

"(b) (1) If any State fails or declines to create or designate a State approving agency, the provisions of this chapter which refer to the State approving agency shall, with respect to such State, be deemed to refer to the Administrator.

"(2) In the case of courses subject to approval by the Administrator under section 1772 of this title, the provisions of this chapter which refer to a State approving agency shall be deemed to refer to the Administrator.

1772. Approval of courses

"(a) An eligible person shall receive the benefits of this chapter while enrolled in a course of education offered by an educational institution only if (1) such course is approved as provided in this chapter by the State approving agency for the State where such educational institution is located, or by the Administrator, or (2) such course is approved (A) for the enrollment of the particular individual under the provisions of section 1737 of this title or (B) for special restorative training under subchapter V of this chapter. Approval of courses by State approving agencies shall be in accordance with the provisions of this chapter and such other regulations and policies as the State approving agency may adopt. Each State approving agency shall furnish the Administrator with a current list of educational institutions specifying courses which it has approved, and, in addition to such list, it shall furnish such other information to the Administrator as it and the Administrator may determine to be necessary to carry out the purposes of this chapter. Each State approving agency shall notify the Administrator of the disapproval of any course previously approved and shall set forth the reasons for such disapproval.

(b) The Administrator shall be responsible for the approval of courses of education offered by any agency of the Federal Government authorized under other laws to supervise such education. The Administrator may approve any course in any other educational institution in accordance with the provisions of this chapter.

1773. Cooperation

"(a) The Administrator and each State approving agency shall take cognizance of the fact that definite duties, functions, and responsibilities are conferred upon the Administrator and each State approving agency under the edueational programs established under this chapter. To assure that such programs are effectively and efficiently administered, the cooperation of the Administrator and the State approving agencies is essential. It is necessary to establish an exchange of information pertaining to activities of educational institutions, and particular attention should be given to the enforcement of approval standards, enforcement of enrollment restrictions, and fraudulent and other criminal activities on the part of persons connected with educational institutions in which eligible persons are enrolled under this chapter.

"(b) The Administrator will furnish the State approving agencies with copies of such Veterans' Administration informational material as may aid them in carrying out this chapter.

38-331-64- -2

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