PUBLIC LAWS-CH. 506-AUG. 24 , 1949
paid a fair and reasonable rate of payment for tuition, fees, and other
Appeals BoardTu
charges for the courses offered by such institution. Any educational
or training institution which is dissatisfied with a determination of a
rate of payment for tuition, fees, or other charges under the foregoing
provisions of this paragraph shall be entitled, upon application there-
for, to a review of such determination (including the determination
with respect to whether there is a customary cost of tuition) by a board
to be known as the "Veterans' Tuition Appeals Board" consisting of
three members, appointed by the Administrator for such purpose.
Such board shall be subject, in respect to appointment, hearings,
appeals, and all other actions and qualifications, to the provisions of
sections 5 to 11, inclusive, of the Administrative Procedure Act,
60 Stat. 239. 1
approved June 11, 1946, as amended. The decision of such board with
5U. S. C. §§1004-
p
o101.
respect to all matters shall constitute the final administrative deter-
mination. In no event shall the board fix a rate of payment in excess
of the maximum amount allowable under the Servicemen's Readjust-
t"Customarycost of ment Act, as amended. The term "customary cost of tuition" as
u on.
employed herein and in paragraph 5, part VIII, Veterans Regulation
58 Stat. 289.
Numbered 1 (a), as amended, is regarded as that charge which an
38 U. S. C. note foll.
§ 739, p . 4270; Supp. educational or training institution requires a nonveteran enrollee
II, note fol. 43
similarly circumstanced to pay as and for tuition for a course, except
that the institution (other than a nonprofit institution of higher learn-
ing) is not regarded as having a "customary cost of tuition" for the
course or courses in question in the following circumstances:
(a) Where the majority of the enrollment of the educational and
training institution in the course in question consists of veterans in
247 Stat. 43; 58 Stat. training under Public Laws 16 and 346, Seventy-eighth Congress, as
38 U. S. C., §§ 701, amended; and
693 et seq.; Supp. II,
Of
cnios
§§701, 693 et seq.
(b) One of the following conditions prevails:
Ante, p. 481.
1. The institution has been established subsequent to June 22,
1944.
2. The institution, although established prior to June 22, 1944,
has not been in continuous operation since that date.
3. The institution, although established prior to June 22, 1944,
has subsequently increased its total tuition charges for the course
to all students more than 25 per centum.
4. The course (or a course of substantially the same length and
character) was not provided for nonveteran students by the insti-
tution prior to June 22, 1944, although the institution itself was
Priorlegalrts
established before June 22, 1944: Providedfurther, That nothing
in the foregoing proviso shall be construed to affect adversely any
legal rights which have accrued prior to the date of enactment of
this Act, or to affect payments to educational or training institu-
tions under contracts in effect on such date.
Military and naval insurance: For military and naval insurance,
$3,735,000, to be immediately available and to remain available until
expended.
Hospital and domiciliary facilities: The authority under this head
60 Stat. 265 .
in the Third Urgent Deficiency Appropriation Act, 1946, the Independ-
61Stat. 605 .
ent Offices Appropriation Act, 1948, and the Supplemental Independ-
62 Stat. 1201.
ent Offices Appropriation Act, 1949, to incur obligations for the pur-
calpersonn
lerl poses specified in those Acts, is hereby extended to July 1, 1951: Pro-
vided, That not to exceed 6.7 per centum of the foregoing contract
authorizations shall be available for the employment in the District
of Columbia and in the field of all necessary technical and clerical
personnel for the preparation of plans and specifications for the
projects as approved hereunder and in the supervision of the execution
thereof, and for all travel expenses, field office equipment, and supplies
in connection therewith, except that whenever the Veterans' Adminis-
654
[63 STAT.
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