US (United States) Code. Title 38. Part III. Chapter 36: Administration of educational benefits

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Veterans benefits

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publicidad

-CITE-

38 USC CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL

BENEFITS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

-HEAD-

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

-MISC1-

SUBCHAPTER I - STATE APPROVING AGENCIES

Sec.

3670. Scope of approval.

3671. Designation.

3672. Approval of courses.

3673. Cooperation.

3674. Reimbursement of expenses.

3674A. Evaluations of agency performance; qualifications and

performance of agency personnel.

3675. Approval of accredited courses.

3676. Approval of nonaccredited courses.

3677. Approval of training on the job.

3678. Notice of approval of courses.

3679. Disapproval of courses.

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

3680. Payment of educational assistance or subsistence

allowances.

3680A. Disapproval of enrollment in certain courses.

3681. Limitations on educational assistance.

3682. Control by agencies of the United States.

3683. Conflicting interests.

3684. Reports by veterans, eligible persons, and

institutions; reporting fee.

3684A. Procedures relating to computer matching programs.(!1)

3685. Overpayments to eligible persons or veterans.

3686. Correspondence courses.

3687. Apprenticeship or other on-job training.

3688. Measurement of courses.

3689. Approval requirements for licensing and certification

testing.

3690. Overcharges by educational institutions;

discontinuance of allowances; examination of records;

false or misleading statements.

3691. Change of program.

3692. Advisory committee.

3693. Compliance surveys.

3694. Use of other Federal agencies.

3695. Limitation on period of assistance under two or more

programs.

3696. Limitation on certain advertising, sales, and

enrollment practices.

3697. Funding of contract educational and vocational

counseling.

3697A. Educational and vocational counseling.

SUBCHAPTER III - EDUCATION LOANS

3698. Eligibility for loans; amount and conditions of loans;

interest rate on loans.

3699. Revolving fund; insurance.

AMENDMENTS

2000 - Pub. L. 106-419, title I, Sec. 122(c)(2), Nov. 1, 2000,

114 Stat. 1837, added item 3689.

1996 - Pub. L. 104-275, title I, Sec. 103(a)(1)(B), Oct. 9, 1996,

110 Stat. 3326, struck out item 3689 "Period of operation for

approval".

1992 - Pub. L. 102-568, title III, Sec. 313(a)(8), Oct. 29, 1992,

106 Stat. 4333, added item 3680A.

1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406,

renumbered items 1770 to 1799 as 3670 to 3699, respectively.

Pub. L. 102-16, Sec. 2(b)(4), Mar. 22, 1991, 105 Stat. 49, added

item 1797A.

1990 - Pub. L. 101-366, title II, Sec. 206(c), Aug. 15, 1990, 104

Stat. 442, added item 1784A.

1988 - Pub. L. 100-689, title I, Sec. 124(c)(3), Nov. 18, 1988,

102 Stat. 4175, substituted in heading for subchapter III

"EDUCATION LOANS" for "EDUCATION LOANS TO ELIGIBLE VETERANS AND

ELIGIBLE PERSONS".

Pub. L. 100-687, div. B, title XIII, Sec. 1302(b), Nov. 18, 1988,

102 Stat. 4128, added item 1797.

Pub. L. 100-323, Sec. 13(b)(1)(B), May 20, 1988, 102 Stat. 573,

added item 1774A.

1982 - Pub. L. 97-295, Sec. 4(48), Oct. 12, 1982, 96 Stat. 1308,

substituted "Payment of educational assistance or subsistence

allowances" for "Payment of educational or subsistence assistance

allowances" in item 1780.

1980 - Pub. L. 96-466, title III, Sec. 343(b)(2), Oct. 17, 1980,

94 Stat. 2199, substituted "Reports by veterans, eligible persons,

and institutions" for "Reports by institutions" in item 1784.

1976 - Pub. L. 94-502, title V, Sec. 511(2), Oct. 15, 1976, 90

Stat. 2402, substituted "Compliance surveys" for "Institutions

listed by Attorney General" in item 1793.

1974 - Pub. L. 93-508, title II, Sec. 212(b), title III, Sec.

301(b), Dec. 3, 1974, 88 Stat. 1586, 1591, added subchapter III

heading and items 1796, 1798, and 1799.

1972 - Pub. L. 92-540, title IV, Sec. 406, Oct. 24, 1972, 86

Stat. 1091, redesignated items 1788 to 1791 as 1792 to 1795, added

items 1780 and 1788 to 1791, and substituted in item 1786

"Correspondence courses" for "Examination of records" and in item

1787 "Apprenticeship or other on-job training" for "False or

misleading statements".

1970 - Pub. L. 91-219, title II, Sec. 213(2), Mar. 26, 1970, 84

Stat. 84, substituted "Limitations on educational assistance" for

"Nonduplication of benefits" as item 1781.

1968 - Pub. L. 90-631, Sec. 1(d)(2), Oct. 23, 1968, 82 Stat.

1331, added item 1791.

1967 - Pub. L. 90-77, title III, Secs. 304(e), 308(b), Aug. 31,

1967, 81 Stat. 188, 189, added item 1777 and renumbered former

items 1777 and 1778 as 1778 and 1779, respectively, and provided

for the reporting fee in item 1784.

1966 - Pub. L. 89-358, Sec. 3(a)(4), Mar. 3, 1966, 80 Stat. 20,

substituted "CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS"

heading, including Subchapter I and II analyses, preceding section

1770 of this title for "SUBCHAPTER VII - STATE APPROVING AGENCIES"

heading preceding section 1771 of this title, Subchapter VII

heading being redesignated Subchapter I.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 113, 1781, 3013, 3105,

3231, 3241, 3452, 3461, 3462, 3470, 3471, 3481, 3485, 3501, 3511,

3521, 3531, 3532, 3565, 4213 of this title; title 5 section 5569;

title 10 sections 510, 2185, 16131; title 45 sections 911, 1014.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

-CITE-

38 USC SUBCHAPTER I - STATE APPROVING AGENCIES 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER I - STATE APPROVING AGENCIES

-HEAD-

SUBCHAPTER I - STATE APPROVING AGENCIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3034, 3483, 3535 of

this title; title 10 section 16136.

-End-

-CITE-

38 USC Sec. 3670 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER I - STATE APPROVING AGENCIES

-HEAD-

Sec. 3670. Scope of approval

-STATUTE-

(a) A course approved under and for the purposes of this chapter

shall be deemed approved for the purposes of chapters 34 and 35 of

this title.

(b) Any course approved under chapter 33 of this title, prior to

February 1, 1965, under subchapter VII of chapter 35 of this title,

prior to March 3, 1966, and not disapproved under section 3483,

section 1656 (as in effect prior to February 1, 1965), or section

3679 of this title, shall be deemed approved for the purposes of

this chapter.

-SOURCE-

(Added Pub. L. 89-358, Sec. 3(a)(5), Mar. 3, 1966, 80 Stat. 20,

Sec. 1770; amended Pub. L. 92-540, title IV, Sec. 403(1), Oct. 24,

1972, 86 Stat. 1090; Pub. L. 97-295, Sec. 4(49), Oct. 12, 1982, 96

Stat. 1308; renumbered Sec. 3670 and amended Pub. L. 102-83, Sec.

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

-REFTEXT-

REFERENCES IN TEXT

Chapter 33 of this title, prior to February 1, 1965, referred to

in subsec. (b), means Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1174

to 1192, which was classified to sections 1601, 1610 to 1613, 1620

to 1626, 1631 to 1634, 1641 to 1645, 1651 to 1656, and 1661 to 1669

of this title, and was repealed by section 4(a) of Pub. L. 89-358.

Subchapter VII of chapter 35 of this title, prior to March 3,

1966, referred to in subsec. (b), means Pub. L. 88-126, Sec. 1,

Sept. 23, 1963, 77 Stat. 158 to 162, which was classified to

sections 1771 to 1778 of this title, and was redesignated as

subchapter I of this chapter by section 3(a)(4) of Pub. L. 89-358.

Section 1656 of this title, as in effect prior to February 1,

1965, referred to in subsec. (b), is Pub. L. 85-857, Sec. 1656,

Sept. 2, 1958, 72 Stat. 1189, which was repealed by section 4(a) of

Pub. L. 89-358, and is covered by section 3679 of this title.

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1770 of this

title as this section.

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3483" for

"1683" and "3679" for "1779".

1982 - Subsec. (b). Pub. L. 97-295 substituted "March 3, 1966"

and "section 1779" for "the date of enactment of this chapter" and

"section 1778", respectively.

1972 - Subsec. (b). Pub. L. 92-540 substituted "1683" for "1686".

-End-

-CITE-

38 USC Sec. 3671 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER I - STATE APPROVING AGENCIES

-HEAD-

Sec. 3671. Designation

-STATUTE-

(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 such State for the purposes of this chapter and

chapters 34 and 35 of this title.

(b)(1) If any State fails or declines to create or designate a

State approving agency, or fails to enter into an agreement under

section 3674(a), the provisions of this chapter which refer to the

State approving agency shall, with respect to such State, be deemed

to refer to the Secretary.

(2) In the case of courses subject to approval by the Secretary

under section 3672 of this title, the provisions of this chapter

which refer to a State approving agency shall be deemed to refer to

the Secretary.

-SOURCE-

(Added Pub. L. 88-126, Sec. 1, Sept. 23, 1963, 77 Stat. 158, Sec.

1771; amended Pub. L. 89-358, Sec. 3(a)(6), Mar. 3, 1966, 80 Stat.

20; Pub. L. 92-540, title IV, Sec. 403(2), Oct. 24, 1972, 86 Stat.

1090; Pub. L. 94-502, title V, Sec. 513(a)(1), Oct. 15, 1976, 90

Stat. 2402; Pub. L. 100-323, Sec. 13(b)(4), May 20, 1988, 102 Stat.

573; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989,

103 Stat. 2092; renumbered Sec. 3671 and amended Pub. L. 102-83,

Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1771 of this

title as this section.

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3674(a)"

for "1774(a)" in par. (1) and "3672" for "1772" in par. (2).

1989 - Subsec. (b). Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

1988 - Subsec. (b)(1). Pub. L. 100-323 inserted "or fails to

enter into an agreement under section 1774(a)," after "State

approving agency,".

1976 - Subsec. (a). Pub. L. 94-502 substituted "such" for "his".

1972 - Subsec. (a). Pub. L. 92-540 inserted "this chapter and"

after "purposes of".

1966 - Subsec. (a). Pub. L. 89-358 substituted "chapters 34 and

35 of this title" for "this chapter after the date for the

expiration of all education and training provided in chapter 33 of

this title. Such agency may be the agency designated or created in

accordance with section 1641 of this title".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 15, 1976, see section

703(b) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3689 of this title.

-End-

-CITE-

38 USC Sec. 3672 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER I - STATE APPROVING AGENCIES

-HEAD-

Sec. 3672. Approval of courses

-STATUTE-

(a) An eligible person or veteran shall receive the benefits of

this chapter and chapters 34 and 35 of this title while enrolled in

a course of education offered by an educational institution only if

(1) such course is approved as provided in this chapter and

chapters 34 and 35 of this title by the State approving agency for

the State where such educational institution is located, or by the

Secretary, or (2) such course is approved (A) for the enrollment of

the particular individual under the provisions of section 3536 of

this title or (B) for special restorative training under subchapter

V of chapter 35 of this title. Approval of courses by State

approving agencies shall be in accordance with the provisions of

this chapter and chapters 34 and 35 of this title and such other

regulations and policies as the State approving agency may adopt.

Each State approving agency shall furnish the Secretary 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 Secretary as it and the Secretary may

determine to be necessary to carry out the purposes of this chapter

and chapters 34 and 35 of this title. Each State approving agency

shall notify the Secretary of the disapproval of any course

previously approved and shall set forth the reasons for such

disapproval.

(b) The Secretary 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 Secretary may approve any course in any other educational

institution in accordance with the provisions of this chapter and

chapters 34 and 35 of this title.

(c) In the case of programs of apprenticeship where -

(1) the standards have been approved by the Secretary of Labor

pursuant to section 2 of the Act of August 16, 1937 (popularly

known as the "National Apprenticeship Act") (29 U.S.C. 50a), as a

national apprenticeship program for operation in more than one

State, and

(2) the training establishment is a carrier directly engaged in

interstate commerce which provides such training in more than one

State,

the Secretary shall act as a "State approving agency" as such term

is used in section 3687(a)(1) of this title and shall be

responsible for the approval of all such programs.

(d)(1) Pursuant to regulations prescribed by the Secretary in

consultation with the Secretary of Labor, the Secretary and State

approving agencies shall actively promote the development of

programs of training on the job (including programs of

apprenticeship) for the purposes of sections 3677 and 3687 of this

title and shall utilize the services of disabled veterans' outreach

program specialists under section 4103A of this title to promote

the development of such programs.

(2) In conjunction with outreach services provided by the

Secretary under chapter 77 of this title for education and training

benefits, each State approving agency shall conduct outreach

programs and provide outreach services to eligible persons and

veterans about education and training benefits available under

applicable Federal and State law.

(e) A program of education exclusively by correspondence, and the

correspondence portion of a combination correspondence-residence

course leading to a vocational objective, that is offered by an

educational institution (as defined in section 3452(c) of this

title) may be approved only if (1) the educational institution is

accredited by an entity recognized by the Secretary of Education,

and (2) at least 50 percent of those pursuing such a program or

course require six months or more to complete the program or

course.

-SOURCE-

(Added Pub. L. 88-126, Sec. 1, Sept. 23, 1963, 77 Stat. 158, Sec.

1772; amended Pub. L. 89-358, Sec. 3(a)(7), (8), Mar. 3, 1966, 80

Stat. 20, 21; Pub. L. 91-219, title II, Sec. 211, Mar. 26, 1970, 84

Stat. 83; Pub. L. 92-540, title IV, Sec. 403(3)-(5), Oct. 24, 1972,

86 Stat. 1090; Pub. L. 96-466, title V, Sec. 502, Oct. 17, 1980, 94

Stat. 2203; Pub. L. 97-295, Sec. 4(50), Oct. 12, 1982, 96 Stat.

1308; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989,

103 Stat. 2092; renumbered Sec. 3672 and amended Pub. L. 102-83,

Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446,

title VI, Sec. 605(a)(1), Nov. 2, 1994, 108 Stat. 4671; Pub. L.

107-103, title III, Sec. 303, Dec. 27, 2001, 115 Stat. 992.)

-MISC1-

AMENDMENTS

2001 - Subsec. (d). Pub. L. 107-103 designated existing

provisions as par. (1), inserted "and State approving agencies"

before "shall actively promote", and added par. (2).

1994 - Subsec. (e). Pub. L. 103-446 added subsec. (e).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1772 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3536" for

"1736".

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3687(a)(1)" for "1787(a)(1)" in concluding provisions.

Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "3677 and

3687" for "1777 and 1787" and "4103A" for "2003A".

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

1982 - Subsecs. (a), (b). Pub. L. 97-295, Sec. 4(50)(A), inserted

"of this title" after "34 and 35" wherever appearing.

Subsec. (c)(1). Pub. L. 97-295, Sec. 4(50)(B), substituted

"section 2 of the Act of August 16, 1937 (popularly known as the

'National Apprenticeship Act') (29 U.S.C. 50a)," for "section 50a

of title 29".

1980 - Subsec. (d). Pub. L. 96-466 added subsec. (d).

1972 - Subsec. (a). Pub. L. 92-540, Sec. 403(3), (4), inserted

"this chapter and" before "chapters 34 and 35" and substituted

"1736" for "1737".

Subsec. (b). Pub. L. 92-540, Sec. 403(3), inserted "this chapter

and" before "chapters 34 and 35".

Subsec. (c). Pub. L. 92-540, Sec. 403(5), substituted

"1787(a)(1)" for "1683(a)(1)".

1970 - Subsec. (c). Pub. L. 91-219 added subsec. (c).

1966 - Subsec. (a). Pub. L. 89-358, Sec. 3(a)(7), (8),

substituted "under subchapter V of chapter 35 of this title" for

"under subchapter V of this chapter" in first sentence, and

substituted "chapters 34 and 35" for "this chapter" twice in first

sentence, and wherever appearing in second, third, and fourth

sentences, and inserted "or veteran" after "eligible person", in

first sentence.

Subsec. (b). Pub. L. 89-358, Sec. 3(a)(7), substituted "chapters

34 and 35" for "this chapter".

EFFECTIVE DATE OF 1994 AMENDMENT

Section 605(b) of Pub. L. 103-446 provided that: "The amendments

made by subsection (a) [amending this section and sections 3675,

3680, and 3686 of this title] shall apply with respect to programs

of education exclusively by correspondence and to

correspondence-residence courses commencing more than 90 days after

the date of the enactment of this Act [Nov. 2, 1994]."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section

802(e) of Pub. L. 96-466, set out as a note under section 4101 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3671, 3675 of this title.

-End-

-CITE-

38 USC Sec. 3673 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER I - STATE APPROVING AGENCIES

-HEAD-

Sec. 3673. Cooperation

-STATUTE-

(a) The Secretary and each State approving agency shall take

cognizance of the fact that definite duties, functions, and

responsibilities are conferred upon the Secretary and each State

approving agency under the educational programs established under

this chapter and chapters 34 and 35 of this title. To assure that

such programs are effectively and efficiently administered, the

cooperation of the Secretary 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 or veterans are

enrolled under this chapter and chapters 34 and 35 of this title.

(b) The Secretary will furnish the State approving agencies with

copies of such Department of Veterans Affairs informational

material as may aid them in carrying out chapters 34 and 35 of this

title.

-SOURCE-

(Added Pub. L. 88-126, Sec. 1, Sept. 23, 1963, 77 Stat. 158, Sec.

1773; amended Pub. L. 89-358, Sec. 3(a)(7), (11), Mar. 3, 1966, 80

Stat. 20, 21; Pub. L. 92-540, title IV, Sec. 403(6), Oct. 24, 1972,

86 Stat. 1090; Pub. L. 97-295, Sec. 4(51), Oct. 12, 1982, 96 Stat.

1308; Pub. L. 101-237, title IV, Sec. 423(b)(1), Dec. 18, 1989, 103

Stat. 2092; renumbered Sec. 3673, Pub. L. 102-83, Sec. 5(a), Aug.

6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1773 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing in subsecs. (a) and (b) and

"Department of Veterans Affairs" for "Veterans' Administration" in

subsec. (b).

1982 - Pub. L. 97-295 inserted "of this title" after "34 and 35"

wherever appearing.

1972 - Subsec. (a). Pub. L. 92-540 inserted "this chapter and"

before "chapters 34 and 35" wherever appearing.

1966 - Subsec. (a). Pub. L. 89-358, Sec. 3(a)(7), (11),

substituted "chapters 34 and 35" for "this chapter" twice and

inserted "or veterans" after "eligible persons".

Subsec. (b). Pub. L. 89-358, Sec. 3(a)(7), substituted "chapters

34 and 35" for "this chapter".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3689 of this title.

-End-

-CITE-

38 USC Sec. 3674 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER I - STATE APPROVING AGENCIES

-HEAD-

Sec. 3674. Reimbursement of expenses

-STATUTE-

(a)(1) Subject to paragraphs (2) through (4) of this subsection,

the Secretary is authorized to enter into contracts or agreements

with State and local agencies to pay such State and local agencies

for reasonable and necessary expenses of salary and travel incurred

by employees of such agencies and an allowance for administrative

expenses in accordance with the formula contained in subsection (b)

of this section in (A) rendering necessary services in ascertaining

the qualifications of educational institutions for furnishing

courses of education to eligible persons or veterans under this

chapter and chapters 30 through 35 of this title and chapter 106 of

title 10, and in the supervision of such educational institutions,

and (B) furnishing, at the request of the Secretary, any other

services in connection with such chapters. Each such contract or

agreement shall be conditioned upon compliance with the standards

and provisions of such chapters. The Secretary may also reimburse

such agencies for work performed by their subcontractors where such

work has a direct relationship to the requirements of such

chapters, and has had the prior approval of the Secretary.

(2)(A) The Secretary shall make payments to State and local

agencies, out of amounts available for the payment of readjustment

benefits, for the reasonable and necessary expenses of salary and

travel incurred by employees of such agencies in carrying out

contracts or agreements entered into under this section, for

expenses approved by the Secretary that are incurred in carrying

out activities described in section 3674A(a)(3) of this title

(except for administrative overhead expenses allocated to such

activities), and for the allowance for administrative expenses

described in subsection (b).

(B) The Secretary shall make such a payment to an agency within a

reasonable time after the agency has submitted a report pursuant to

paragraph (3) of this subsection.

(C) Subject to paragraph (4) of this subsection, the amount of

any such payment made to an agency for any period shall be equal to

the amount of the reasonable and necessary expenses of salary and

travel certified by such agency for such period in accordance with

paragraph (3) of this subsection plus the allowance for

administrative expenses described in subsection (b) and the amount

of expenses approved by the Secretary that are incurred in carrying

out activities described in section 3674A(a)(3) of this title for

such period (except for administrative overhead expenses allocated

to such activities).

(3) Each State and local agency with which a contract or

agreement is entered into under this section shall submit to the

Secretary on a monthly or quarterly basis, as determined by the

agency, a report containing a certification of the reasonable and

necessary expenses incurred for salary and travel by such agency

under such contract or agreement for the period covered by the

report. The report shall be submitted in the form and manner

required by the Secretary.

(4) The total amount made available under this section for any

fiscal year may not exceed $13,000,000 or, for each of fiscal years

2001 and 2002, $14,000,000, for fiscal year 2003, $14,000,000, for

fiscal year 2004, $18,000,000, for fiscal year 2005, $18,000,000,

for fiscal year 2006, $19,000,000, and for fiscal year 2007,

$19,000,000. For any fiscal year in which the total amount that

would be made available under this section would exceed the amount

applicable to that fiscal year under the preceding sentence except

for the provisions of this paragraph, the Secretary shall provide

that each agency shall receive the same percentage of the amount

applicable to that fiscal year under the preceding sentence as the

agency would have received of the total amount that would have been

made available without the limitation of this paragraph.

(b) The allowance for administrative expenses incurred pursuant

to subsection (a) of this section shall be paid in accordance with

the following formula:

Total salary cost reimbursable Allowable for administrative

under this section expense

--------------------------------------------------------------------

$5,000 or less $693.

Over $5,000 but not exceeding $1,247.

$10,000

Over $10,000 but not exceeding $1,247 for the first $10,000,

$35,000 plus $1,155 for each

additional $5,000 or fraction

thereof.

Over $35,000 but not exceeding $7,548.

$40,000

Over $40,000 but not exceeding $7,548 for the first $40,000,

$75,000 plus $999 for each additional

$5,000 or fraction thereof.

Over $75,000 but not exceeding $14,969.

$80,000

Over $80,000 $14,969 for the first $80,000,

plus $872 for each additional

$5,000 or fraction thereof.

--------------------------------------------------------------------

(c) Each State and local agency with which the Secretary

contracts or enters into an agreement under subsection (a) of this

section shall report to the Secretary periodically, but not less

often than annually, as determined by the Secretary, on the

activities in the preceding twelve months (or the period which has

elapsed since the last report under this subsection was submitted)

carried out under such contract or agreement. Each such report

shall describe, in such detail as the Secretary shall prescribe,

services performed and determinations made in connection with

ascertaining the qualifications of educational institutions in

connection with this chapter and chapters 32, 34, and 35 of this

title and in supervising such institutions.

-SOURCE-

(Added Pub. L. 88-126, Sec. 1, Sept. 23, 1963, 77 Stat. 159, Sec.

1774; amended Pub. L. 89-358, Sec. 3(a)(7), (8), (11), Mar. 3,

1966, 80 Stat. 20, 21; Pub. L. 90-631, Sec. 4, Oct. 23, 1968, 82

Stat. 1334; Pub. L. 92-540, title IV, Sec. 403(7), 411, Oct. 24,

1972, 86 Stat. 1090, 1092; Pub. L. 93-508, title II, Sec. 210(1),

Dec. 3, 1974, 88 Stat. 1584; Pub. L. 94-502, title V, Sec. 503,

Oct. 15, 1976, 90 Stat. 2399; Pub. L. 95-202, title III, Sec. 303,

Nov. 23, 1977, 91 Stat. 1441; Pub. L. 96-466, title II, Secs.

203(1), 213(1), Oct. 17, 1980, 94 Stat. 2188, 2190; Pub. L. 97-295,

Sec. 4(51), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 100-323, Sec.

13(a)(1), (b)(5), May 20, 1988, 102 Stat. 571, 573; Pub. L.

101-237, title IV, Secs. 414, 423(b)(1)(A), Dec. 18, 1989, 103

Stat. 2085, 2092; Pub. L. 102-16, Sec. 10(a)(7), Mar. 22, 1991, 105

Stat. 56; renumbered Sec. 3674 and amended Pub. L. 102-83, Sec.

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446, title

VI, Sec. 606(a)(1), (b), Nov. 2, 1994, 108 Stat. 4672; Pub. L.

106-419, title I, Sec. 123, Nov. 1, 2000, 114 Stat. 1837; Pub. L.

107-14, Sec. 8(a)(7), June 5, 2001, 115 Stat. 34; Pub. L. 107-330,

title III, Sec. 301, Dec. 6, 2002, 116 Stat. 2824.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(4). Pub. L. 107-330 inserted ", for fiscal

year 2003, $14,000,000, for fiscal year 2004, $18,000,000, for

fiscal year 2005, $18,000,000, for fiscal year 2006, $19,000,000,

and for fiscal year 2007, $19,000,000" before period at end of

first sentence.

2001 - Subsec. (a)(2)(A). Pub. L. 107-14, Sec. 8(a)(7)(A)(i),

struck out ", effective at the beginning of fiscal year 1988,"

after "The Secretary shall" and substituted "section 3674A(a)(3)"

for "section 3674A(a)(4)".

Subsec. (a)(2)(B). Pub. L. 107-14, Sec. 8(a)(7)(A)(ii),

substituted "paragraph (3)" for "paragraph (3)(A)".

Subsec. (a)(2)(C). Pub. L. 107-14, Sec. 8(a)(7)(A)(iii),

substituted "section 3674A(a)(3)" for "section 3674A(a)(4)".

Subsec. (c). Pub. L. 107-14, Sec. 8(a)(7)(B), struck out "on

September 30, 1978, and" before "periodically," and "thereafter,"

before "as determined by the Secretary,".

2000 - Subsec. (a)(4). Pub. L. 106-419 inserted "or, for each of

fiscal years 2001 and 2002, $14,000,000" before period at end of

first sentence and substituted "the amount applicable to that

fiscal year under the preceding sentence" for "$13,000,000" in two

places in second sentence.

1994 - Subsec. (a)(3). Pub. L. 103-446, Sec. 606(b), struck out

"(A)" before "Each State" and struck out subpar. (B) which read as

follows: "The Secretary shall transmit a report to the Congress on

a quarterly basis which summarizes -

"(i) the amounts for which certifications were made by State

and local agencies in the reports submitted under subparagraph

(A) of this paragraph with respect to the quarter for which the

report is made; and

"(ii) the amounts of the payments made by the Secretary for

such quarter with respect to such certifications and with respect

to administrative expenses."

Subsec. (a)(4). Pub. L. 103-446, Sec. 606(a)(1), substituted

"$13,000,000" for "$12,000,000" wherever appearing.

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1774 of this

title as this section.

Subsec. (a)(1)(A). Pub. L. 102-16 substituted "chapter 106" for

"chapters 106 and 107".

Subsec. (a)(2)(A), (C). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3674A(a)(4)" for "1774A(a)(4)".

1989 - Subsec. (a). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (a)(2)(A). Pub. L. 101-237, Sec. 414(1), substituted

"section, for expenses approved by the Secretary that are incurred

in carrying out activities described in section 1774A(a)(4) of this

title (except for administrative overhead expenses allocated to

such activities), and for" for "section and for".

Subsec. (a)(2)(C). Pub. L. 101-237, Sec. 414(2), inserted before

period at end "and the amount of expenses approved by the Secretary

that are incurred in carrying out activities described in section

1774A(a)(4) of this title for such period (except for

administrative overhead expenses allocated to such activities)".

Subsec. (c). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator" wherever appearing.

1988 - Subsec. (a)(1). Pub. L. 100-323, Sec. 13(b)(5), in subpar.

(A) substituted "chapters 30 through 35 of this title and chapters

106 and 107 of title 10" for "chapters 34 and 35 of this title", in

subpar. (B) substituted "such chapters" for "chapters 34 and 35 of

this title", and in provisions following subpar. (B) substituted

"provisions of such chapters" for "provisions of chapters 34 and 35

of this title" and "requirements of such chapters" for

"requirements of chapter 32, 34, 35, or 36 of this title".

Pub. L. 100-323, Sec. 13(a)(1)(A), (B), substituted "(1) Subject

to paragraphs (2) through (4) of this subsection, the Administrator

is" for "The Administrator is", and redesignated pars. (1) and (2)

as subpars. (A) and (B), respectively.

Subsec. (a)(2) to (4). Pub. L. 100-323, Sec. 13(a)(1)(C), added

pars. (2) to (4).

1982 - Subsec. (a). Pub. L. 97-295 inserted "of this title" after

"34 and 35" wherever appearing.

1980 - Subsec. (b). Pub. L. 96-466, Sec. 213(1), increased

allowance for administrative expenses by substituting "$693" for

"$662", "$1,247" for "$1,191" in two places, "$1,155" for "$1,103",

"$7,548" for "$7,205" in two places, "$999" for "$953", "$14,969"

for "$14,288" in two places, and "$872" for "$833".

Pub. L. 96-466, Sec. 203(1), increased allowance for

administrative expenses by substituting "$662" for "$630", "$1,191"

for "$1,134" in two places, "$1,103" for "$1,050", "$7,205" for

"$6,862" in two places, "$953" for "$908", "$14,288" for "$13,608"

in two places, and "$833" for "$793".

1977 - Subsec. (b). Pub. L. 95-202, Sec. 303(1), increased

allowance for administrative expenses by substituting "$630" for

"$600", "$1,134" for "$1,080" in two places, "$1,050" for "$1,000",

"$6,862" for "$6,535" in two places, "$908" for "$865", "$13,608"

for "$12,960" in two places, and "$793" for "$755".

Subsec. (c). Pub. L. 95-202, Sec. 303(2), added subsec. (c).

1976 - Subsec. (a). Pub. L. 94-502, Sec. 503(1), inserted

provision authorizing Administrator to reimburse State and local

agencies for work performed by their subcontractors, where the work

performed has a direct relationship to the requirements of this

chapter, chapters 32, 34, and 35, and has prior approval of the

Administrator.

Subsec. (b). Pub. L. 94-502, Sec. 503(2), increased allowance for

administrative expenses from "$550" to "$600"; "$1000" to "$1080";

"$1000 for the first $10,000 plus $925 for each additional $5,000

or fraction thereof" to "$1,080 for the first $10,000 plus $1,000

for each additional $5,000 or fraction thereof"; "$6,050" to

"$6,535"; "$6,050 for the first $40,000 plus $800 for each

additional $5,000 or fraction thereof" to "$6,535 for the first

$40,000 plus $865 for each additional $5,000 or fraction thereof";

"$12,000" to "$12,960"; "$12,000 for the first $80,000 plus $700

for each additional $5,000 or fraction thereof" to "$12,960 for the

first $80,000 plus $755 for each additional $5,000 or fraction

thereof".

1974 - Subsec. (b). Pub. L. 93-508 increased allowance for

administrative expenses from "$500" to "$550"; "$900" to "$1,000";

"$900 for the first $10,000 plus $800 for each additional $5,000 or

fraction thereof" to "$1,000 for the first $10,000 plus $925 for

each additional $5,000 or fraction thereof"; "$5,250" to "$6,050";

"$5,250 for the first $40,000 plus $700 for each additional $5,000

or fraction thereof" to "$6,050 for the first $40,000 plus $800 for

each additional $5,000 or fraction thereof"; "$10,450" to

"$12,000"; and "$10,450 for the first $80,000 plus $600 for each

additional $5,000 or fraction thereof" to "$12,000 for the first

$80,000 plus $700 for each additional $5,000 or fraction thereof".

1972 - Subsec. (a). Pub. L. 92-540, Sec. 403(7), inserted "this

chapter and" before "chapters 34 and 35" in cl. (1).

Subsec. (b). Pub. L. 92-540, Sec. 411, provided for recomputation

of formula for reimbursement of expenses by doubling amounts paid

as allowance for administrative expenses.

1968 - Pub. L. 90-631 designated existing provisions as subsec.

(a), inserted "and an allowance for administrative expenses in

accordance with the formula contained in subsection (b) of this

section" after "employees of such agencies", and added subsec. (b).

1966 - Pub. L. 89-358, Sec. 3(a)(7), (11), substituted "chapters

34 and 35" for "this chapter" in three places and inserted "or

veterans" after "eligible persons" in cl. (1).

EFFECTIVE DATE OF 1994 AMENDMENT

Section 606(a)(2) of Pub. L. 103-446 provided that: "The

amendments made by subsection (a) [amending this section] shall

apply with respect to services provided under such section after

September 30, 1994."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 13(a)(1)(A), (B), (b)(5) of Pub. L. 100-223

effective May 20, 1988, and amendment by section 13(a)(1)(C) of

Pub. L. 100-323 effective for all of fiscal year 1988 and

subsequent fiscal years, see section 16(a), (b)(1)(D) of Pub. L.

100-323, set out as a note under section 3104 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by sections 203(1) and 213(1) of Pub. L. 96-466

effective Oct. 1, 1980, and Jan. 1, 1981, respectively, see section

802(b)(1), (2) of Pub. L. 96-466, set out as a note under section

3482 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-202 effective first day of first month

beginning 60 days after Nov. 23, 1977, see section 501 of Pub. L.

95-202, set out as a note under section 101 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 1, 1976, see section

703(a) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section

503 of Pub. L. 93-508, set out as a note under section 3452 of this

title.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 6(b) of Pub. L. 90-631 provided that: "The amendments

made by section 4 of this Act [amending this section] shall apply

with respect to contracts and agreements entered into under section

1774 [now 3674] of title 38, United States Code, effective for

periods beginning after June 30, 1968."

REIMBURSEMENT FROM ACCOUNT USED FOR PAYMENT OF READJUSTMENT

BENEFITS

Section 13(a)(2) of Pub. L. 100-323 provided that: "If any

payment is made to State or local approving agencies with respect

to activities carried out under subchapter I of chapter 36 of title

38, United States Code, for fiscal year 1988 before the date of the

enactment of this Act [May 20, 1988] and from an account other than

the account used for payment of readjustment benefits, the account

from which such payment was made shall be reimbursed from the

account used for payment of readjustment benefits."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3671, 3674A, 3683, 3689

of this title.

-End-

-CITE-

38 USC Sec. 3674A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER I - STATE APPROVING AGENCIES

-HEAD-

Sec. 3674A. Evaluations of agency performance; qualifications and

performance of agency personnel

-STATUTE-

(a) The Secretary shall -

(1)(A) conduct, in conjunction with State approving agencies,

an annual evaluation of each State approving agency on the basis

of standards developed by the Secretary in conjunction with the

State approving agencies, and (B) provide each such agency an

opportunity to comment on the evaluation;

(2) take into account the results of annual evaluations carried

out under paragraph (1) when negotiating the terms and conditions

of a contract or agreement under section 3674 of this title;

(3) cooperate with State approving agencies in developing and

implementing a uniform national curriculum, to the extent

practicable, for training new employees and for continuing the

training of employees of such agencies, and sponsor, with the

agencies, such training and continuation of training; and

(4) prescribe prototype qualification and performance

standards, developed in conjunction with State approving

agencies, for use by such agencies in the development of

qualification and performance standards for State approving

agency personnel carrying out approval responsibilities under a

contract or agreement entered into under section 3674(a).

(b)(1) Each State approving agency carrying out a contract or

agreement with the Secretary under section 3674(a) of this title

shall -

(A) apply qualification and performance standards based on the

standards developed under subsection (a)(4); and

(B) make available to any person, upon request, the criteria

used to carry out its functions under a contract or agreement

entered into under section 3674(a) of this title.

(2) In developing and applying standards described in subsection

(a)(4), the State approving agency may take into consideration the

State's merit system requirements and other local requirements and

conditions.

(3) The Secretary shall provide assistance in developing such

standards to a State approving agency that requests it.

-SOURCE-

(Added Pub. L. 100-323, Sec. 13(b)(1)(A), May 20, 1988, 102 Stat.

572, Sec. 1774A; amended Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3674A

and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 406; Pub. L. 103-446, title VI, Sec. 606(c), Nov. 2, 1994,

108 Stat. 4672; Pub. L. 105-368, title X, Sec. 1005(b)(8), Nov. 11,

1998, 112 Stat. 3365; Pub. L. 107-14, Sec. 8(a)(8), June 5, 2001,

115 Stat. 35.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(2). Pub. L. 107-14 substituted "paragraph (1)"

for "clause (1)".

1998 - Subsec. (b)(1). Pub. L. 105-368 struck out "after the

18-month period beginning on the date of the enactment of this

section" after "section 3674(a) of this title" in introductory

provisions.

1994 - Subsec. (a)(3) to (5). Pub. L. 103-446, Sec. 606(c)(1),

redesignated pars. (4) and (5) as (3) and (4), respectively, and

struck out former par. (3) which read as follows: "supervise

functionally the provision of course-approval services by State

approving agencies under this subchapter;".

Subsec. (b). Pub. L. 103-446, Sec. 606(c)(2)(A), substituted

"subsection (a)(4)" for "subsection (a)(5) of this section" in

pars. (1)(A) and (2).

Subsec. (b)(1). Pub. L. 103-446, Sec. 606(c)(2)(B), inserted "of

this title" after "section 3674(a)" in introductory provisions and

subpar. (B).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1774A of

this title as this section.

Subsec. (a)(2), (5). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3674" for "1774" in par. (2) and "3674(a)" for "1774(a)" in par.

(5).

Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3674(a)" for "1774(a)" in introductory provisions and in subpar.

(B).

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

IMPLEMENTATION

Section 13(b)(2) of Pub. L. 100-323 directed Administrator, for

purposes of implementing amendments by section 13(b)(1) of Pub. L.

100-323, and within 120 days after May 20, 1988, to publish

prototype standards developed under subsec. (a)(5) of this section,

directed each State approving agency, within 1 year after

Administrator published the standards, to submit to Administrator a

copy of the standards to be implemented by such agency under

subsec. (b)(1)(A) of this section, and provided that Administrator

could comment on consistency of the State's standards and prototype

standards.

APPLICABILITY OF QUALIFICATION STANDARDS TO PERSONS EMPLOYED ON MAY

20, 1988

Section 13(b)(3) of Pub. L. 100-323 provided that: "None of the

qualification standards implemented pursuant to the amendments made

by paragraph (1) [enacting this section] shall apply to any person

employed by a State approving agency on the date of the enactment

of this Act [May 20, 1988] as long as such person remains in the

position in which the person is employed on such date."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3674, 3682 of this title.

-End-

-CITE-

38 USC Sec. 3675 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER I - STATE APPROVING AGENCIES

-HEAD-

Sec. 3675. Approval of accredited courses

-STATUTE-

(a)(1) A State approving agency may approve the courses offered

by an educational institution when -

(A) such courses have been accredited and approved by a

nationally recognized accrediting agency or association;

(B) such courses are conducted under the Act of February 23,

1917 (20 U.S.C. 11 et seq.); (!1)

(C) such courses are accepted by the State department of

education for credit for a teacher's certificate or a teacher's

degree; or

(D) such courses are approved by the State as meeting the

requirement of regulations prescribed by the Secretary of Health

and Human Services under sections 1819(f)(2)(A)(i) and

1919(f)(2)(A)(i) of the Social Security Act (42 U.S.C.

1395i-3(f)(2)(A)(i) and 1396r(f)(2)(A)(i)).

(2)(A) For the purposes of this chapter, the Secretary of

Education shall publish a list of nationally recognized accrediting

agencies and associations which that Secretary determines to be

reliable authority as to the quality of training offered by an

educational institution.

(B) Except as provided in section 3672(e) of this title, a State

approving agency may utilize the accreditation of any accrediting

association or agency listed pursuant to subparagraph (A) of this

paragraph for approval of courses specifically accredited and

approved by such accrediting association or agency.

(3)(A) An educational institution shall submit an application for

approval of courses to the appropriate State approving agency. In

making application for approval, the institution (other than an

elementary school or secondary school) shall transmit to the State

approving agency copies of its catalog or bulletin which must be

certified as true and correct in content and policy by an

authorized representative of the institution.

(B) Each catalog or bulletin transmitted by an institution under

subparagraph (A) of this paragraph shall -

(i) state with specificity the requirements of the institution

with respect to graduation;

(ii) include the information required under paragraphs (6) and

(7) of section 3676(b) of this title; and

(iii) include any attendance standards of the institution, if

the institution has and enforces such standards.

(b) As a condition of approval under this section, the State

approving agency must find the following:

(1) The educational institution keeps adequate records, as

prescribed by the State approving agency, to show the progress

and grades of the eligible person or veteran and to show that

satisfactory standards relating to progress and conduct are

enforced.

(2) The educational institution maintains a written record of

the previous education and training of the eligible person or

veteran that clearly indicates that appropriate credit has been

given by the educational institution for previous education and

training, with the training period shortened proportionately.

(3) The educational institution and its approved courses meet

the criteria of paragraphs (1), (2), and (3) of section 3676(c)

of this title.

-SOURCE-

(Added Pub. L. 88-126, Sec. 1, Sept. 23, 1963, 77 Stat. 159, Sec.

1775; amended Pub. L. 89-358, Sec. 3(a)(8), Mar. 3, 1966, 80 Stat.

21; Pub. L. 94-502, title V, Secs. 504, 513(a)(2), Oct. 15, 1976,

90 Stat. 2399, 2402; Pub. L. 96-466, title VIII, Sec. 801(d), Oct.

17, 1980, 94 Stat. 2216; Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3675

and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 406; Pub. L. 102-568, title III, Sec. 312, Oct. 29, 1992, 106

Stat. 4330; Pub. L. 103-446, title VI, Sec. 605(a)(2)(A), Nov. 2,

1994, 108 Stat. 4672; Pub. L. 104-275, title I, Sec. 103(c), Oct.

9, 1996, 110 Stat. 3326.)

-REFTEXT-

REFERENCES IN TEXT

Act of February 23, 1917, referred to in subsec. (a)(1)(B), is

act Feb. 23, 1917, ch. 114, 39 Stat. 929, as amended, known as the

Smith-Hughes Vocational Education Act, which was classified to

sections 11 to 15 and 16 to 28 of Title 20, Education, prior to

repeal by Pub. L. 105-33, title VI, Sec. 6201, Aug. 5, 1997, 111

Stat. 653. For complete classification of this Act to the Code, see

Short Title note set out under section 11 of Title 20 and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-275 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "As a

condition to approval under this section, the State approving

agency must find that adequate records are kept by the educational

institution to show the progress of each eligible person or veteran

and must include as a minimum (except for attendance) the

requirements set forth in section 3676(c)(7) of this title. The

State approving agency must also find that the educational

institution maintains a written record of the previous education

and training of the eligible person or veteran and clearly

indicates that appropriate credit has been given by the institution

for previous education and training, with the training period

shortened proportionately and the eligible person or veteran and

the Secretary so notified."

1994 - Subsec. (a)(2)(B). Pub. L. 103-446 substituted "Except as

provided in section 3672(e) of this title, a State" for "A State".

1992 - Subsec. (a). Pub. L. 102-568 designated existing

provisions as par. (1), redesignated former par. (1) as subpar.

(A), redesignated former par. (2) as subpar. (B), substituted "the

Act of February 23, 1917 (20 U.S.C. 11 et seq.);" for "sections

11-28 of title 20; or", redesignated former par. (3) as subpar.

(C), added subpar. (D) and pars. (2) and (3), and struck out former

concluding provisions which read as follows: "For the purposes of

this chapter the Secretary of Education shall publish a list of

nationally recognized accrediting agencies and associations which

the Secretary determines to be reliable authority as to the quality

of training offered by an educational institution and the State

approving agencies may, upon concurrence, utilize the accreditation

of such accrediting associations or agencies for approval of the

courses specifically accredited and approved by such accrediting

association or agency. In making application for approval, the

institution shall transmit to the State approving agency copies of

its catalog or bulletin which must be certified as true and correct

in content and policy by an authorized representative of the

school. The catalog or bulletin must specifically state its

progress requirements for graduation and must include as a minimum

the information required by sections 3676(b)(6) and (7) of this

title."

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1775 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3676(b)(6)" for "1776(b)(6)" in last sentence.

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3676(c)(7)" for "1776(c)(7)".

1989 - Subsec. (b). Pub. L. 101-237 substituted "Secretary" for

"Administrator".

1980 - Subsec. (a). Pub. L. 96-466 substituted "Secretary" for

"Commissioner" in two places.

1976 - Subsec. (a). Pub. L. 94-502, Sec. 513(a)(2), substituted

"the Commissioner determines" for "he determines".

Pub. L. 94-502, Sec. 504(1), inserted provision requiring that

copies of the school bulletin be certified by an authorized

representative of the school and that the bulletin specify the

progress requirements for graduation and certain other information.

Subsec. (b). Pub. L. 94-502, Sec. 504(2), inserted provision

requiring that school records contain as a minimum, except for

attendance, the requirements set forth in section 1776(c)(7) of

this title.

1966 - Subsec. (b). Pub. L. 89-358 inserted "or veteran" after

"eligible person" in three places.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-446 applicable with respect to programs

of education exclusively by correspondence and to

correspondence-residence courses commencing more than 90 days after

Nov. 2, 1994, see section 605(b) of Pub. L. 103-446, set out as a

note under section 3672 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section

802(h) of Pub. L. 96-466, set out as a note under section 3452 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by sections 504 and 513(a)(2) of Pub. L. 94-502

effective Dec. 1, 1976, and Oct. 15, 1976, respectively, see

section 703(b), (c) of Pub. L. 94-502, set out as an Effective Date

note under section 3693 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3452, 3501, 3676 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

38 USC Sec. 3676 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER I - STATE APPROVING AGENCIES

-HEAD-

Sec. 3676. Approval of nonaccredited courses

-STATUTE-

(a) No course of education which has not been approved by a State

approving agency pursuant to section 3675 of this title, which is

offered by a public or private, profit or nonprofit, educational

institution shall be approved for the purposes of this chapter

unless the educational institution offering such course submits to

the appropriate State approving agency a written application for

approval of such course in accordance with the provisions of this

chapter.

(b) Such application shall be accompanied by not less than two

copies of the current catalog or bulletin which is certified as

true and correct in content and policy by an authorized owner or

official and includes the following:

(1) Identifying data, such as volume number and date of

publication;

(2) Names of the institution and its governing body, officials

and faculty;

(3) A calendar of the institution showing legal holidays,

beginning and ending date of each quarter, term, or semester, and

other important dates;

(4) Institution policy and regulations on enrollment with

respect to enrollment dates and specific entrance requirements

for each course;

(5) Institution policy and regulations relative to leave,

absences, class cuts, makeup work, tardiness and interruptions

for unsatisfactory attendance;

(6) Institution policy and regulations relative to standards of

progress required of the student by the institution (this policy

will define the grading system of the institution, the minimum

grades considered satisfactory, conditions for interruption for

unsatisfactory grades or progress and a description of the

probationary period, if any, allowed by the institution, and

conditions of reentrance for those students dismissed for

unsatisfactory progress. A statement will be made regarding

progress records kept by the institution and furnished the

student);

(7) Institution policy and regulations relating to student

conduct and conditions for dismissal for unsatisfactory conduct;

(8) Detailed schedules of fees, charges for tuition, books,

supplies, tools, student activities, laboratory fees, service

charges, rentals, deposits, and all other charges;

(9) Policy and regulations of the institution relative to the

refund of the unused portion of tuition, fees, and other charges

in the event the student does not enter the course or withdraws

or is discontinued therefrom;

(10) A description of the available space, facilities, and

equipment;

(11) A course outline for each course for which approval is

requested, showing subjects or units in the course, type of work

or skill to be learned, and approximate time and clock hours to

be spent on each subject or unit; and

(12) Policy and regulations of the institution relative to

granting credit for previous educational training.

(c) The appropriate State approving agency may approve the

application of such institution when the institution and its

non-accredited courses are found upon investigation to have met the

following criteria:

(1) The courses, curriculum, and instruction are consistent in

quality, content, and length with similar courses in public

schools and other private schools in the State, with recognized

accepted standards.

(2) There is in the institution adequate space, equipment,

instructional material, and instructor personnel to provide

training of good quality.

(3) Educational and experience qualifications of directors,

administrators, and instructors are adequate.

(4) The institution maintains a written record of the previous

education and training of the eligible person and clearly

indicates that appropriate credit has been given by the

institution for previous education and training, with the

training period shortened proportionately and the eligible person

and the Secretary so notified.

(5) A copy of the course outline, schedule of tuition, fees,

and other charges, regulations pertaining to absence, grading

policy, and rules of operation and conduct will be furnished the

eligible person upon enrollment.

(6) Upon completion of training, the eligible person is given a

certificate by the institution indicating the approved course and

indicating that training was satisfactorily completed.

(7) Adequate records as prescribed by the State approving

agency are kept to show attendance and progress or grades, and

satisfactory standards relating to attendance, progress, and

conduct are enforced.

(8) The institution complies with all local, city, county,

municipal, State, and Federal regulations, such as fire codes,

building and sanitation codes. The State approving agency may

require such evidence of compliance as is deemed necessary.

(9) The institution is financially sound and capable of

fulfilling its commitments for training.

(10) The institution does not utilize advertising of any type

which is erroneous or misleading, either by actual statement,

omission, or intimation. The institution shall not be deemed to

have met this requirement until the State approving agency (A)

has ascertained from the Federal Trade Commission whether the

Commission has issued an order to the institution to cease and

desist from any act or practice, and (B) has, if such an order

has been issued, given due weight to that fact.

(11) The institution does not exceed its enrollment limitations

as established by the State approving agency.

(12) The institution's administrators, directors, owners, and

instructors are of good reputation and character.

(13) The institution has and maintains a policy for the refund

of the unused portion of tuition, fees, and other charges in the

event the eligible person fails to enter the course or withdraws

or is discontinued therefrom at any time prior to completion and

such policy must provide that the amount charged to the eligible

person for tuition, fees, and other charges for a portion of the

course shall not exceed the approximate pro rata portion of the

total charges for tuition, fees, and other charges that the

length of the completed portion of the course bears to its total

length.

(14) Such additional criteria as may be deemed necessary by the

State approving agency.

(d) The Secretary may waive, in whole or in part, the

requirements of subsection (c)(13) of this section in the case of

an educational institution which -

(1) is a college, university, or similar institution offering

postsecondary level academic instruction that leads to an

associate or higher degree,

(2) is operated by an agency of a State or of a unit of local

government,

(3) is located within such State or, in the case of an

institution operated by an agency of a unit of local government,

within the boundaries of the area over which such unit has taxing

jurisdiction, and

(4) is a candidate for accreditation by a regional accrediting

association,

if the Secretary determines, pursuant to regulations which the

Secretary shall prescribe, that such requirements would work an

undue administrative hardship because the total amount of tuition,

fees, and other charges at such institution is nominal.

(e) Notwithstanding any other provision of this title, a course

of education shall not be approved under this section if it is to

be pursued in whole or in part by independent study.

-SOURCE-

(Added Pub. L. 88-126, Sec. 1, Sept. 23, 1963, 77 Stat. 159, Sec.

1776; amended Pub. L. 89-358, Sec. 3(a)(9), Mar. 3, 1966, 80 Stat.

21; Pub. L. 97-66, title VI, Sec. 606, Oct. 17, 1981, 95 Stat.

1037; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989,

103 Stat. 2092; renumbered Sec. 3676 and amended Pub. L. 102-83,

Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568,

title III, Sec. 313(a)(1), Oct. 29, 1992, 106 Stat. 4331.)

-MISC1-

AMENDMENTS

1992 - Subsec. (e). Pub. L. 102-568 added subsec. (e).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1776 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3675" for

"1775".

1989 - Subsecs. (c)(4), (d). Pub. L. 101-237 substituted

"Secretary" for "Administrator" wherever appearing.

1981 - Subsec. (d). Pub. L. 97-66 added subsec. (d).

1966 - Subsec. (a). Pub. L. 89-358 struck out "1653 or" before

"1775".

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-66 effective Oct. 17, 1981, see section

701(b)(1) of Pub. L. 97-66, set out as a note under section 1114 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3675 of this title.

-End-

-CITE-

38 USC Sec. 3677 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER I - STATE APPROVING AGENCIES

-HEAD-

Sec. 3677. Approval of training on the job

-STATUTE-

(a) Any State approving agency may approve a program of training

on the job (other than a program of apprenticeship) only when it

finds that the job which is the objective of the training is one in

which progression and appointment to the next higher classification

are based upon skills learned through organized and supervised

training on the job and not on such factors as length of service

and normal turnover, and that the provisions of subsections (b) and

(c) of this section are met.

(b)(1) The training establishment offering training which is

desired to be approved for the purposes of this chapter must submit

to the appropriate State approving agency a written application for

approval which, in addition to furnishing such information as is

required by the State approving agency, contains a certification

that -

(A) the wages to be paid the eligible veteran or person (i)

upon entrance into training, are not less than wages paid

nonveterans in the same training position and are at least 50 per

centum of the wages paid for the job for which the veteran or

person is to be trained, and (ii) such wages will be increased in

regular periodic increments until, not later than the last full

month of the training period, they will be at least 85 per centum

of the wages paid for the job for which such eligible veteran or

person is being trained; and

(B) there is reasonable certainty that the job for which the

eligible veteran or person is to be trained will be available to

the veteran or person at the end of the training period.

(2) The requirement under paragraph (1)(A)(ii) shall not apply

with respect to a training establishment operated by the United

States or by a State or local government.

(c) As a condition for approving a program of training on the job

(other than a program of apprenticeship) the State approving agency

must find upon investigation that the following criteria are met:

(1) The training content of the course is adequate to qualify

the eligible veteran or person for appointment to the job for

which the veteran or person is to be trained.

(2) The job customarily requires full-time training for a

period of not less than six months and not more than two years.

(3) The length of the training period is not longer than that

customarily required by the training establishments in the

community to provide an eligible veteran or person with the

required skills, arrange for the acquiring of job knowledge,

technical information, and other facts which the eligible veteran

or person will need to learn in order to become competent on the

job for which the veteran or person is being trained.

(4) Provision is made for related instruction for the

individual eligible veteran or person who may need it.

(5) There is in the training establishment adequate space,

equipment, instructional material, and instructor personnel to

provide satisfactory training on the job.

(6) Adequate records are kept to show the progress made by each

eligible veteran or person toward such veteran's or person's job

objective.

(7) No course of training will be considered bona fide if given

to an eligible veteran or person who is already qualified by

training and experience for the job.

(8) A signed copy of the training agreement for each eligible

veteran or person, including the training program and wage scale

as approved by the State approving agency, is provided to the

veteran or person and to the Secretary and the State approving

agency by the employer.

(9) That the course meets such other criteria as may be

established by the State approving agency.

-SOURCE-

(Added Pub. L. 90-77, title III, Sec. 304(d), Aug. 31, 1967, 81

Stat. 186, Sec. 1777; amended Pub. L. 91-219, title II, Sec. 212,

Mar. 26, 1970, 84 Stat. 83; Pub. L. 92-540, title III, Sec. 314,

Oct. 24, 1972, 86 Stat. 1084; Pub. L. 94-502, title V, Sec.

513(a)(3), Oct. 15, 1976, 90 Stat. 2402; Pub. L. 101-237, title IV,

Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec.

3677, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub.

L. 105-368, title II, Sec. 205(a), Nov. 11, 1998, 112 Stat. 3327.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-368 designated existing

provisions as par. (1), redesignated former pars. (1) and (2) as

subpars. (A) and (B), respectively, of par. (1), redesignated

former cls. (A) and (B) of par. (1) as cls. (i) and (ii),

respectively, of subpar. (A), and added par. (2).

1991 - Pub. L. 102-83 renumbered section 1777 of this title as

this section.

1989 - Subsec. (c)(8). Pub. L. 101-237 substituted "Secretary"

for "Administrator".

1976 - Subsec. (b). Pub. L. 94-502 substituted "the veteran or

person" for "he" and "him".

Subsec. (c). Pub. L. 94-502 substituted "the veteran or person"

for "he" in two places, and "such veteran's or person's" for "his".

1972 - Subsecs. (b), (c). Pub. L. 92-540 inserted "or person"

after "veteran" wherever appearing.

1970 - Subsec. (a). Pub. L. 91-219 inserted "and supervised".

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-368, title II, Sec. 205(b), Nov. 11, 1998, 112 Stat.

3327, provided that: "The amendments made by subsection (a)

[amending this section] shall apply with respect to approval of

programs of training on the job under section 3677 of title 38,

United States Code, on or after October 1, 1998."

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 15, 1976, see section

703(b) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE

Section effective first day of first calendar month which begins

more than ten days after Aug. 31, 1967, see section 405 of Pub. L.

90-77, set out as an Effective Date of 1967 Amendment note under

section 101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3672, 3687 of this title.

-End-

-CITE-

38 USC Sec. 3678 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER I - STATE APPROVING AGENCIES

-HEAD-

Sec. 3678. Notice of approval of courses

-STATUTE-

The State approving agency, upon determining that an educational

institution has complied with all the requirements of this chapter,

will issue a letter to such institution setting forth the courses

which have been approved for the purposes of this chapter, and will

furnish an official copy of such letter and any subsequent

amendments to the Secretary. The letter of approval shall be

accompanied by a copy of the catalog or bulletin of the

institution, as approved by the State approving agency, and shall

contain the following information:

(1) date of letter and effective date of approval of courses;

(2) proper address and name of each educational institution;

(3) authority for approval and conditions of approval,

referring specifically to the approved catalog or bulletin

published by the educational institution;

(4) name of each course approved;

(5) where applicable, enrollment limitations such as maximum

numbers authorized and student-teacher ratio;

(6) signature of responsible official of State approving

agency; and

(7) such other fair and reasonable provisions as are considered

necessary by the appropriate State approving agency.

-SOURCE-

(Added Pub. L. 88-126, Sec. 1, Sept. 23, 1963, 77 Stat. 162, Sec.

1777; renumbered Sec. 1778, Pub. L. 90-77, title III, Sec. 304(d),

Aug. 31, 1967, 81 Stat. 186; amended Pub. L. 101-237, title IV,

Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec.

3678, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1778 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3689 of this title.

-End-

-CITE-

38 USC Sec. 3679 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER I - STATE APPROVING AGENCIES

-HEAD-

Sec. 3679. Disapproval of courses

-STATUTE-

(a) Any course approved for the purposes of this chapter which

fails to meet any of the requirements of this chapter shall be

immediately disapproved by the appropriate State approving agency.

An educational institution which has its courses disapproved by a

State approving agency will be notified of such disapproval by a

certified or registered letter of notification and a return receipt

secured.

(b) Each State approving agency shall notify the Secretary of

each course which it has disapproved under this section. The

Secretary shall notify the State approving agency of the

Secretary's disapproval of any educational institution under

chapter 31 of this title.

-SOURCE-

(Added Pub. L. 88-126, Sec. 1, Sept. 23, 1963, 77 Stat. 162, Sec.

1778; renumbered Sec. 1779, Pub. L. 90-77, title III, Sec. 304(d),

Aug. 31, 1967, 81 Stat. 186; amended Pub. L. 94-502, title V, Sec.

513(a)(4), Oct. 15, 1976, 90 Stat. 2402; Pub. L. 101-237, title IV,

Sec. 423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered

Sec. 3679, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1779 of this title as

this section.

1989 - Subsec. (b). Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing and "Secretary's" for

"Administrator's".

1976 - Subsec. (b). Pub. L. 94-502 substituted "the

Administrator's disapproval" for "his disapproval".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 15, 1976, see section

703(b) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3670, 3689 of this title.

-End-

-CITE-

38 USC SUBCHAPTER II - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3034 of this title;

title 10 section 16136.

-End-

-CITE-

38 USC Sec. 3680 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3680. Payment of educational assistance or subsistence

allowances

-STATUTE-

-HEAD-

PERIOD FOR WHICH PAYMENT MAY BE MADE

(a) Payment of educational assistance or subsistence allowances

to eligible veterans or eligible persons pursuing a program of

education or training, other than a program by correspondence, in

an educational institution under chapter 31, 34, or 35 of this

title shall be paid as provided in this section and, as applicable,

in section 3108, 3482, 3491, or 3532 of this title. Such payments

shall be paid only for the period of such veterans' or persons'

enrollment in, and pursuit of, such program, but no amount shall be

paid -

(1) to any eligible veteran or eligible person for any period

when such veteran or person is not pursuing such veteran's or

person's course in accordance with the regularly established

policies and regulations of the educational institution, with the

provisions of such regulations as may be prescribed by the

Secretary pursuant to subsection (g) of this section, and with

the requirements of this chapter or of chapter 34 or 35 of this

title, but payment may be made for an actual period of pursuit of

one or more unit subjects pursued for a period of time shorter

than the enrollment period at the educational institution;

(2) to any eligible veteran or person for auditing a course; or

(3) to any eligible veteran or person for a course for which

the grade assigned is not used in computing the requirements for

graduation including a course from which the student withdraws

unless -

(A) the eligible veteran or person withdraws because he or

she is ordered to active duty; or

(B) the Secretary finds there are mitigating circumstances,

except that, in the first instance of withdrawal (without

regard to withdrawals described in subclause (A) of this

clause) by the eligible veteran or person from a course or

courses with respect to which the veteran or person has been

paid assistance under this title, mitigating circumstances

shall be considered to exist with respect to courses totaling

not more than six semester hours or the equivalent thereof.

Notwithstanding the foregoing, the Secretary may, subject to such

regulations as the Secretary shall prescribe, continue to pay

allowances to eligible veterans and eligible persons enrolled in

courses set forth in clause (1) of this subsection -

(A) during periods when the schools are temporarily closed

under an established policy based upon an Executive order of the

President or due to an emergency situation;

(B) during periods between consecutive school terms where such

veterans or persons transfer from one approved educational

institution to another approved educational institution for the

purpose of enrolling in and pursuing a similar course at the

second institution if the period between such consecutive terms

does not exceed 30 days; or

(C) during periods between school terms where the educational

institution certifies the enrollment of the eligible veteran or

eligible person on an individual term basis if (i) the period

between those terms does not exceed eight weeks, and (ii) both

the terms preceding and following the period are not shorter in

length than the period.

CORRESPONDENCE TRAINING CERTIFICATIONS

(b) No educational assistance allowance shall be paid to an

eligible veteran or spouse or surviving spouse enrolled in and

pursuing a program of education exclusively by correspondence until

the Secretary shall have received -

(1) from the eligible veteran or spouse or surviving spouse a

certificate as to the number of lessons actually completed by the

veteran or spouse or surviving spouse and serviced by the

educational institution; and

(2) from the training establishment a certification or an

endorsement on the veteran's or spouse's or surviving spouse's

certificate, as to the number of lessons completed by the veteran

or spouse or surviving spouse and serviced by the institution.

APPRENTICESHIP AND OTHER ON-JOB TRAINING

(c) No training assistance allowance shall be paid to an eligible

veteran or eligible person enrolled in and pursuing a program of

apprenticeship or other on-job training until the Secretary shall

have received -

(1) from such veteran or person a certification as to such

veteran's or person's actual attendance during such period; and

(2) from the training establishment a certification, or an

endorsement on the veteran's or person's certificate, that such

veteran or person was enrolled in and pursuing a program of

apprenticeship or other on-job training during such period.

ADVANCE PAYMENT OF INITIAL EDUCATIONAL ASSISTANCE OR SUBSISTENCE

ALLOWANCE

(d)(1) The educational assistance or subsistence allowance

advance payment provided for in this subsection is based upon a

finding by the Congress that eligible veterans and eligible persons

may need additional funds at the beginning of a school term to meet

the expenses of books, travel, deposits, and payment for living

quarters, the initial installment of tuition, and the other special

expenses which are concentrated at the beginning of a school term.

(2) Subject to the provisions of this subsection, and under

regulations which the Secretary shall prescribe, an eligible

veteran or eligible person shall be paid an educational assistance

allowance or subsistence allowance, as appropriate, advance

payment. Such advance payment shall be made in an amount equivalent

to the allowance for the month or fraction thereof in which pursuit

of the program will commence, plus the allowance for the succeeding

month. In the case of a person on active duty, who is pursuing a

program of education, the advance payment shall be in a lump sum

based upon the amount payable for the entire quarter, semester, or

term, as applicable. In no event shall an advance payment be made

under this subsection to a veteran or person intending to pursue a

program of education on less than a half-time basis. An advance

payment may not be made under this subsection to any veteran or

person unless the veteran or person requests such payment and the

Secretary finds that the educational institution at which such

veteran or person is accepted or enrolled has agreed to, and can

satisfactorily, carry out the provisions of paragraphs (4)(B) and

(C) and (5) of this subsection. The application for advance

payment, to be made on a form prescribed by the Secretary, shall -

(A) in the case of an initial enrollment of a veteran or person

in an educational institution, contain information showing that

the veteran or person (i) is eligible for educational benefits,

(ii) has been accepted by the institution, and (iii) has notified

the institution of such veteran's or person's intention to attend

that institution; and

(B) in the case of a re-enrollment of a veteran or person,

contain information showing that the veteran or person (i) is

eligible to continue such veteran's or person's program of

education or training and (ii) intends to re-enroll in the same

institution,

and, in either case, shall also state the number of semester or

clock-hours to be pursued by such veteran or person.

(3) For purposes of the Secretary's determination whether any

veteran or person is eligible for an advance payment under this

section, the information submitted by the institution, the veteran

or person, shall establish such veteran's or person's eligibility

unless there is evidence in such veteran's or person's file in the

processing office establishing that the veteran or person is not

eligible for such advance payment.

(4) The advance payment authorized by paragraph (2) of this

subsection shall, in the case of an eligible veteran or eligible

person, be (A) drawn in favor of the veteran or person; (B) mailed

to the educational institution listed on the application form for

temporary care and delivery to the veteran or person by such

institution; and (C) delivered to the veteran or person upon such

veteran's or person's registration at such institution, but in no

event shall such delivery be made earlier than thirty days before

the program of education is to commence.

(5) Upon delivery of the advance payment pursuant to paragraph

(4) of this subsection, the institution shall submit to the

Secretary a certification of such delivery. If such delivery is not

effected within thirty days after commencement of the program of

education in question, such institution shall return such payment

to the Secretary forthwith.

RECOVERY OF ERRONEOUS PAYMENTS

(e)(1) Subject to paragraph (2), if an eligible veteran or

eligible person fails to enroll in or pursue a course for which an

educational assistance or subsistence allowance advance payment is

made, the amount of such payment and any amount of subsequent

payments which, in whole or in part, are due to erroneous

information required to be furnished under subsection (d)(2) of

this section, shall become an overpayment and shall constitute a

liability of such veteran or person to the United States and may be

recovered, unless waived pursuant to section 5302 of this title,

from any benefit otherwise due such veteran or person under any law

administered by the Department of Veterans Affairs or may be

recovered in the same manner as any other debt due the United

States.

(2) Paragraph (1) shall not apply to the recovery of an

overpayment of an educational allowance or subsistence allowance

advance payment to an eligible veteran or eligible person who fails

to enroll in or pursue a course of education for which the payment

is made if such failure is due to the death of the veteran or

person.

PAYMENTS FOR LESS THAN HALF-TIME TRAINING

(f) Payment of educational assistance allowance in the case of

any eligible veteran or eligible person pursuing a program of

education on less than a half-time basis shall be made in an amount

computed for the entire quarter, semester, or term not later than

the last day of the month immediately following the month in which

certification is received from the educational institution that

such veteran or person has enrolled in and is pursuing a program at

such institution. Such lump sum payment shall be computed at the

rate provided in section 3482(b) or 3532(a)(2) of this title, as

applicable.

DETERMINATION OF ENROLLMENT, PURSUIT, AND ATTENDANCE

(g)(1) The Secretary may, pursuant to regulations which the

Secretary shall prescribe, determine and define with respect to an

eligible veteran and eligible person the following:

(A) Enrollment in a course or program of education or training.

(B) Pursuit of a course or program of education or training.

(C) Attendance at a course or program of education or training.

(2) The Secretary may withhold payment of benefits to an eligible

veteran or eligible person until the Secretary receives such proof

as the Secretary may require of enrollment in and satisfactory

pursuit of a program of education by the eligible veteran or

eligible person. The Secretary shall adjust the payment withheld,

when necessary, on the basis of the proof the Secretary receives.

(3) In the case of an individual other than an individual

described in paragraph (4), the Secretary may accept the

individual's monthly certification of enrollment in and

satisfactory pursuit of a program of education as sufficient proof

of the certified matters.

(4) In the case of an individual who has received an accelerated

payment of basic educational assistance under section 3014A of this

title during an enrollment period for a program of education, the

Secretary may accept the individual's certification of enrollment

in and satisfactory pursuit of the program of education as

sufficient proof of the certified matters if the certification is

submitted after the enrollment period has ended.

-SOURCE-

(Added Pub. L. 92-540, title II, Sec. 201, Oct. 24, 1972, 86 Stat.

1076, Sec. 1780; amended Pub. L. 93-208, Dec. 28, 1973, 87 Stat.

907; Pub. L. 93-508, title II, Sec. 209, Dec. 3, 1974, 88 Stat.

1584; Pub. L. 94-502, title V, Secs. 505, 506, 513(a)(5)-(12), Oct.

15, 1976, 90 Stat. 2400, 2402, 2403; Pub. L. 96-466, title III,

Secs. 341, 342, title VI, Secs. 601(c), (d), 602(c), Oct. 17, 1980,

94 Stat. 2198, 2208, 2209; Pub. L. 97-35, title XX, Sec. 2003(c),

Aug. 13, 1981, 95 Stat. 782; Pub. L. 97-295, Sec. 4(52), Oct. 12,

1982, 96 Stat. 1308; Pub. L. 97-306, title II, Sec. 205(c), Oct.

14, 1982, 96 Stat. 1434; Pub. L. 99-576, title III, Secs.

315(a)(1), 316, title VII, Sec. 701(59), Oct. 28, 1986, 100 Stat.

3274, 3296; Pub. L. 100-689, title I, Sec. 121(a), Nov. 18, 1988,

102 Stat. 4173; Pub. L. 101-237, title IV, Secs. 412(a), 415(a),

423(b)(1), (2), Dec. 18, 1989, 103 Stat. 2085, 2086, 2092; Pub. L.

102-40, title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239;

renumbered Sec. 3680 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-127, Sec. 6(a), Oct. 10,

1991, 105 Stat. 622; Pub. L. 102-568, title III, Sec. 314, Oct. 29,

1992, 106 Stat. 4333; Pub. L. 103-446, title VI, Sec. 605(a)(2)(B),

title XII, Sec. 1201(i)(6), Nov. 2, 1994, 108 Stat. 4672, 4688;

Pub. L. 106-419, title I, Sec. 121(a), Nov. 1, 2000, 114 Stat.

1833; Pub. L. 107-103, title I, Sec. 104(b), Dec. 27, 2001, 115

Stat. 981.)

-MISC1-

AMENDMENTS

2001 - Subsec. (g). Pub. L. 107-103 amended heading and text of

subsec. (g) generally. Prior to amendment, text read as follows:

"The Secretary may, pursuant to regulations which the Secretary

shall prescribe, determine and define enrollment in, pursuit of,

and attendance at, any program of education or training or course

by an eligible veteran or eligible person for any period for which

the veteran or person receives an educational assistance or

subsistence allowance under this chapter for pursuing such program

or course. Subject to such reports and proof as the Secretary may

require to show an eligible veteran's or eligible person's

enrollment in and satisfactory pursuit of such person's program,

the Secretary may withhold payment of benefits to such eligible

veteran or eligible person until the required proof is received and

the amount of the payment is appropriately adjusted. The Secretary

may accept such veteran's or person's monthly certification of

enrollment in and satisfactory pursuit of such veteran's or

person's program as sufficient proof of the certified matters."

2000 - Subsec. (a)(C). Pub. L. 106-419 amended subcl. (C)

generally. Prior to amendment, subcl. (C) read as follows: "during

periods between a semester, term, or quarter where the educational

institution certifies the enrollment of the eligible veteran or

eligible person on an individual semester, term, or quarter basis

if the interval between such periods does not exceed one full

calendar month."

1994 - Subsec. (a)(2) to (4). Pub. L. 103-446, Sec. 605(a)(2)(B),

inserted "or" at end of par. (2), substituted period for "; or" at

end of par. (3), and struck out par. (4) which read as follows: "to

any eligible veteran or person for pursuit of a program of

education exclusively by correspondence as authorized under section

3686 of this title or for the pursuit of a correspondence portion

of a combination correspondence-residence course leading to a

vocational objective where the normal period of time required to

complete such correspondence course or portion is less than 6

months. A certification as to the normal period of time required to

complete the course must be made to the Secretary by the

educational institution."

Subsec. (a)(C). Pub. L. 103-446, Sec. 1201(i)(6), substituted

"one full" for "1 full".

1992 - Subsec. (e). Pub. L. 102-568 designated existing

provisions as par. (1), substituted "Subject to paragraph (2), if"

for "If", struck out comma after "eligible person", and added par.

(2).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1780 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3108,

3482, 3491, or 3532" for "1508, 1682, 1691, or 1732" in

introductory provisions.

Subsec. (a)(3). Pub. L. 102-127 amended cl. (3) generally. Prior

to amendment, cl. (3) read as follows: "to any eligible veteran or

person for a course for which the grade assigned is not used in

computing the requirements for graduation including a course from

which the student withdraws unless the Secretary finds there are

mitigating circumstances, except that, in the first instance of

withdrawal by an eligible veteran or person from a course or

courses with respect to which such veteran or person has been paid

assistance under this title, mitigating circumstances shall be

considered to exist with respect to courses totaling not more than

six semester hours or the equivalent thereof; or".

Subsec. (a)(4). Pub. L. 102-83, Sec. 5(c)(1), substituted "3686"

for "1786".

Subsec. (e). Pub. L. 102-40 substituted "5302" for "3102".

Subsec. (f). Pub. L. 102-83, Sec. 5(c)(1), substituted "3482(b)

or 3532(a)(2)" for "1682(b) or 1732(a)(2)".

1989 - Subsec. (a). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator" wherever appearing.

Pub. L. 101-237, Sec. 412(a), struck out "enrolled in a course

which leads to a standard college degree, or a course that meets

the requirements of section 1788(a)(7) of this title," after "or

eligible person" in cl. (1) of second sentence, redesignated cls.

(3) to (5) as (2) to (4), respectively, and struck out former cl.

(2) which read as follows: "to any eligible veteran or eligible

person enrolled in a course which does not lead to a standard

college degree (excluding courses that meet the requirements of

section 1788(a)(7) of this title and programs of apprenticeship and

programs of other on-job training authorized by section 1787 of

this title) for any day of absence in excess of thirty days in a

twelve-month period, not counting as absences weekends or legal

holidays (or customary vacation periods connected therewith)

established by Federal or State law (or in the case of the Republic

of the Philippines, Philippine law) during which the institution is

not regularly in session and periods (not to exceed five days in

any twelve-month period) when the institution is not in session

because of teacher conferences or teacher training sessions;",

substituted "set forth in clause (1)" for "set forth in clause (1)

or (2)" in third sentence, struck out ", and such periods shall not

be counted as absences for the purposes of clause (2) of this

subsection" before semicolon at end of subcl. (A), and struck out

", but such periods shall be counted as absences for the purposes

of clause (2) of this subsection" before punctuation at end of

subcls. (B) and (C).

Subsecs. (b), (c), (d)(2). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (d)(3). Pub. L. 101-237, Sec. 423(b)(2), substituted

"Secretary's" for "Administrator's".

Subsec. (d)(5). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator" wherever appearing.

Subsec. (e). Pub. L. 101-237, Sec. 423(b)(1)(B), substituted

"Department of Veterans Affairs" for "Veterans' Administration".

Subsec. (g). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator" wherever appearing.

Pub. L. 101-237, Sec. 415(a), substituted "the Secretary may

withhold payment of benefits to such eligible veteran or eligible

person until the required proof is received and the amount of the

payment is appropriately adjusted. The Secretary may accept such

veteran's or person's monthly certification of enrollment in and

satisfactory pursuit of such veteran's or person's program as

sufficient proof of the certified matters." for "the Administrator

is authorized to withhold the final payment of benefits to such

person until the required proof is received and the amount of the

final payment is appropriately adjusted."

1988 - Subsec. (a)(4). Pub. L. 100-689 inserted ", except that,

in the first instance of withdrawal by an eligible veteran or

person from a course or courses with respect to which such veteran

or person has been paid assistance under this title, mitigating

circumstances shall be considered to exist with respect to courses

totaling not more than six semester hours or the equivalent

thereof" after "circumstances".

1986 - Subsec. (a)(1). Pub. L. 99-576, Sec. 315(a)(1)(A),

inserted "or a course that meets the requirements of section

1788(a)(7) of this title" after "degree".

Subsec. (a)(2). Pub. L. 99-576, Sec. 315(a)(1)(B), inserted

"courses that meet the requirements of section 1788(a)(7) of this

title and" after "excluding".

Subsec. (d)(2). Pub. L. 99-576, Sec. 701(59), substituted

"person" for "serviceman" after "In the case of a".

Subsec. (f). Pub. L. 99-576, Sec. 316, substituted "not later

than the last day of" for "during".

1982 - Subsec. (a). Pub. L. 97-295, Sec. 4(52)(A), and Pub. L.

97-306, Sec. 205(c)(1), made identical amendments by substituting

"section 1508" for "section 1504".

Subsec. (a)(5). Pub. L. 97-295, Sec. 4(52)(B), substituted "than

6 months" for "the 6 months" after "portion is less".

Subsec. (a)(6). Pub. L. 97-306, Sec. 205(c)(2)-(4), struck out

cl. (6) which provided that no amount would be paid to any eligible

veteran or person incarcerated in a Federal, State, or local prison

or jail for any course to the extent the tuition and fees of the

veteran or person were paid under any Federal program (other than a

program administered by the Administrator) or under any State or

local program, or for which there were no tuition and fees.

Subsec. (a)(A) to (C). Pub. L. 97-295, Sec. 4(52)(C), inserted

"of this subsection" after "clause (2)" wherever appearing.

1981 - Subsec. (a). Pub. L. 97-35 struck out applicability to

flight training program.

1980 - Subsec. (a). Pub. L. 96-466, Secs. 341(a), 342, 602(c), in

provisions preceding cl. (1) inserted "in, and pursuit of, such

program" after "enrollment", in cl. (1) inserted reference to not

pursuing a course in accordance with provisions of regulations

prescribed by the Administrator pursuant to subsec. (g) of this

section and reference to payment for an actual period of pursuit of

one or more unit subjects pursued for a period of time shorter than

the enrollment period at the educational institution, in cl. (2)

inserted reference to periods when the institution is not in

session because of teacher conferences or teacher training

sessions, and added cl. (6).

Subsec. (d)(2). Pub. L. 96-466, Sec. 601(c)(1), struck out

"(other than under subchapter VI of chapter 34)" after "who is

pursuing a program of education" and substituted "paragraphs (4)(B)

and (C) and (5)" for "paragraphs 5(B) and (C) and (6)".

Subsec. (d)(3). Pub. L. 96-466, Sec. 601(c)(2), (3), redesignated

par. (4) as (3). Former par. (3), which related to the entitlement

of a person eligible for education or training under the provisions

of subchapter VI of chapter 34 of this title to a lump-sum

educational assistance allowance advance payment, was struck out.

Subsec. (d)(4). Pub. L. 96-466, Sec. 601(c)(3), (4), redesignated

par. (5) as (4) and substituted "paragraph (2)" for "paragraphs (2)

and (3)". Former par. (4) redesignated (3).

Subsec. (d)(5), (6). Pub. L. 96-466, Sec. 601(c)(4), (5),

redesignated par. (6) as (5) and substituted "paragraph (4)" for

"paragraph (5)". Former par. (5) redesignated (4).

Subsec. (e). Pub. L. 96-466, Sec. 601(d)(1), substituted "under

subsection (d)(2) of this section" for "under subsection (d)(2) and

(3) of this section".

Subsec. (f). Pub. L. 96-466, Sec. 601(d)(2), struck out "(except

as provided by subsection (d)(3) of this section)" after "half-time

basis".

Subsec. (g). Pub. L. 96-466, Sec. 341(b), inserted "and define"

after "determine".

1976 - Subsec. (a). Pub. L. 94-502, Secs. 505, 506, 513(a)(5),

authorized the Administrator to continue allowances to eligible

veterans and persons during periods between consecutive school

terms where the veteran or person transfers from one approved

school to another approved school, provided the period not exceed

30 days, and during periods between a semester, term, or quarter

where the educational institution certifies the enrollment of the

veteran or person on an individual semester, term, or quarter

basis, provided that the period not exceed 1 full calendar month,

substituted "such veteran's or person's" for "his", and added cls.

(3) to (5).

Subsec. (b). Pub. L. 94-502, Sec. 513(a)(5), substituted "spouse

or surviving spouse" for "wife or widow" wherever appearing, and

"spouse's or surviving spouse's" for "wife's or widow's".

Subsec. (c). Pub. L. 94-502, Sec. 513(a)(6), substituted "such

veteran's or person's" for "his".

Subsec. (d). Pub. L. 94-502, Sec. 513(a)(6)-(8), substituted

"persons may need" for "persons need" in cl. (1), "such veteran's

or person's" for "his" in two places and inserted provision

prohibiting advance payments unless the veteran request them and

the Administrator finds that the educational institution has agreed

to and can carry out the requirements of cls. (5) (B), (C) and (6)

of this subsection in cl. (2), substituted "such veteran's or

person's" for "his" in two places and "the veteran or person" for

"he" in cl. (4), and "such veteran's or person's" for "his" in cl.

(5).

Subsec. (e). Pub. L. 94-502, Sec. 513(a)(9)-(11), struck out

subsec. (e) which provided for prepayment of subsequent educational

assistance or subsistence allowances, redesignated subsec. (f) as

(e) and substituted "such veteran or person" for "him".

Subsec. (f). Pub. L. 94-502, Sec. 513(a)(10), redesignated

subsec. (g) as (f). Former subsec. (f) redesignated (e).

Subsecs. (g), (h). Pub. L. 94-502, Sec. 513(a)(10), (12),

redesignated subsec. (h) as (g), substituted "which the

Administrator shall" for "which he shall", "the veteran or person"

for "he", and authorized the Administrator to withhold final

payment of benefits to the veteran or person until proof of the

veteran's or person's enrollment in and satisfactory pursuit of the

educational program is received. Former subsec. (g) redesignated

(f).

1974 - Subsec. (a)(2). Pub. L. 93-508 substituted "legal holidays

(or customary vacation periods connected therewith)" for "legal

holidays".

1973 - Subsec. (a). Pub. L. 93-208 inserted provisions that the

Administrator may continue to pay allowances to eligible veterans

and eligible persons enrolled in courses set forth in cl. (1) or

(2) of this subsection during periods when the schools are

temporarily closed under an established policy based upon an

Executive Order of the President or due to an emergency situation,

and that such periods shall not be counted as absences for the

purposes of cl. (2).

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-103 effective Oct. 1, 2002, and

applicable with respect to enrollments in courses or programs of

education or training beginning on or after that date, see section

104(c) of Pub. L. 107-103, set out as an Effective Date note under

section 3014A of this title.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-419, title I, Sec. 121(b), Nov. 1, 2000, 114 Stat.

1833, provided that: "The amendment made by subsection (a)

[amending this section] shall apply with respect to payments of

educational assistance under title 38, United States Code, for

months beginning on or after the date of the enactment of this Act

[Nov. 1, 2000]."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 605(a)(2)(B) of Pub. L. 103-446 applicable

with respect to programs of education exclusively by correspondence

and to correspondence-residence courses commencing more than 90

days after Nov. 2, 1994, see section 605(b) of Pub. L. 103-446, set

out as a note under section 3672 of this title.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 6(b) of Pub. L. 102-127 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect as

of August 1, 1990."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 121(b) of Pub. L. 100-689 provided that: "The amendment

made by subsection (a) [amending this section] shall apply so as to

require that mitigating circumstances be considered to exist only

with respect to withdrawals from a course or courses being pursued

with assistance under title 38, United States Code, that occur on

or after June 1, 1989."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as

otherwise provided, see section 2006 of Pub. L. 97-35, set out as a

note under section 3231 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by sections 341 and 342 of Pub. L. 96-466 effective

Oct. 1, 1980, except as otherwise specifically provided, see

section 802(c) of Pub. L. 96-466, set out as a note under section

3452 of this title.

Amendment by sections 601(c), (d) and 602(c) of Pub. L. 96-466

effective Oct. 1, 1980, except as otherwise specifically provided,

see section 802(f) of Pub. L. 96-466, set out as an Effective Date

note under section 5314 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by section 505 of Pub. L. 94-502 effective Dec. 1,

1976, and amendment by sections 506 and 513(a)(5), (6), (11), (12)

of Pub. L. 94-502 effective Oct. 15, 1976, see section 703(b), (c)

of Pub. L. 94-502, set out as an Effective Date note under section

3693 of this title.

Section 513(b) of Pub. L. 94-502 provided that: "The amendments

made by paragraphs (7), (8), (9), and (10) of subsection (a)

[amending this section] shall take effect June 1, 1977, and shall

apply with respect to educational assistance allowances and

subsistence allowances paid under title 38, United States Code, for

months after May 1977."

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section

503 of Pub. L. 93-508, set out as a note under section 3452 of this

title.

EFFECTIVE DATE

Section 603 of Pub. L. 92-540 provided that:

"(a) The prepayment provisions of subsection (e) of section 1780

[now 3680] of title 38, United States Code (as added by section 201

of this Act), shall become effective on November 1, 1972.

"(b) The advance payment provisions of section 1780 [now 3680] of

title 38, United States Code (as added by section 201 of this Act),

shall become effective on August 1, 1973, or at such time prior

thereto as the Administrator of Veterans' Affairs shall specify in

a certification filed with the Committees on Veterans' Affairs of

the Congress."

STUDY OF TUITION ASSISTANCE ALLOWANCE PROGRAM ABUSES

Section 105 of Pub. L. 93-508 authorized the Administrator to

study the potential administrative difficulties and abuses that

would arise if some form of variable tuition assistance allowance

program were enacted after consideration of past difficulties and

abuses which arose after the Second World War and such difficulties

and abuses as were being experienced by the Veterans'

Administration in managing certain current programs, and to report

to the Congress and the President his findings and recommendations

for legislative and administrative action no later than one year

after Dec. 3, 1974.

-EXEC-

EX. ORD. NO. 12020. PAYMENT OF BENEFITS WHEN SCHOOLS ARE

TEMPORARILY CLOSED TO CONSERVE ENERGY

Ex. Ord. No. 12020, Nov. 8, 1977, 42 F.R. 58509, provided:

By virtue of the authority vested in me by clause (A) of Section

1780(a) [now 3680(a)] of Title 38 of the United States Code, and as

President of the United States of America, in order to establish a

national policy in regard to payment of educational benefits to

veterans and their dependents during periods in which schools are

closed to conserve energy, it is hereby ordered as follows:

Section 1. Whenever an educational institution submits evidence

which satisfies the Administrator of Veterans' Affairs that energy

consumption will be abnormally high during the winter months or

that available energy supplies will be inadequate to meet the needs

of the school, and that, in the interest of energy conservation,

the institution plans to close between semesters or terms for a

period not to exceed 45 days, the Administrator may continue to pay

monthly educational assistance benefits to veterans and eligible

persons enrolled in such schools. Such authority may be exercised

only once during any 12-month period with respect to any

educational institution.

Sec. 2. The Administrator shall advise veterans and other

eligible persons of the effect of accepting educational assistance

benefits under the provisions of Section 1 of this Order on their

period of entitlement.

Jimmy Carter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3014A, 3034, 3108, 3684,

3698, 5113 of this title.

-End-

-CITE-

38 USC Sec. 3680A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3680A. Disapproval of enrollment in certain courses

-STATUTE-

(a) The Secretary shall not approve the enrollment of an eligible

veteran in -

(1) any bartending course or personality development course;

(2) any sales or sales management course which does not provide

specialized training within a specific vocational field;

(3) any type of course which the Secretary finds to be

avocational or recreational in character (or the advertising for

which the Secretary finds contains significant avocational or

recreational themes) unless the veteran submits justification

showing that the course will be of bona fide use in the pursuit

of the veteran's present or contemplated business or occupation;

or

(4) any independent study program except an accredited

independent study program (including open circuit television)

leading (A) to a standard college degree, or (B) to a certificate

that reflects educational attainment offered by an institution of

higher learning.

(b) Except to the extent otherwise specifically provided in this

title or chapter 106 of title 10, the Secretary shall not approve

the enrollment of an eligible veteran in any course of flight

training other than one given by an educational institution of

higher learning for credit toward a standard college degree the

eligible veteran is seeking.

(c) The Secretary shall not approve the enrollment of an eligible

veteran in any course to be pursued by radio.

(d)(1) Except as provided in paragraph (2) of this subsection,

the Secretary shall not approve the enrollment of any eligible

veteran, not already enrolled, in any course for any period during

which the Secretary finds that more than 85 percent of the students

enrolled in the course are having all or part of their tuition,

fees, or other charges paid to or for them by the educational

institution or by the Department of Veterans Affairs under this

title or under chapter 106 of title 10. The Secretary may waive the

requirements of this subsection, in whole or in part, if the

Secretary determines, pursuant to regulations which the Secretary

shall prescribe, it to be in the interest of the eligible veteran

and the Federal Government. The provisions of this subsection shall

not apply to any course offered by an educational institution if

the total number of veterans and persons receiving assistance under

this chapter or chapter 30, 31, 32, or 35 of this title or under

chapter 106 of title 10 who are enrolled in such institution equals

35 percent or less, or such other percent as the Secretary

prescribes in regulations, of the total student enrollment at such

institution (computed separately for the main campus and any branch

or extension of such institution), except that the Secretary may

apply the provisions of this subsection with respect to any course

in which the Secretary has reason to believe that the enrollment of

such veterans and persons may be in excess of 85 percent of the

total student enrollment in such course.

(2) Paragraph (1) of this subsection does not apply with respect

to the enrollment of a veteran -

(A) in a course offered pursuant to section 3019, 3034(a)(3),

3234, or 3241(a)(2) of this title;

(B) in a farm cooperative training course; or

(C) in a course described in subsection (g).

(e) The Secretary may not approve the enrollment of an eligible

veteran in a course not leading to a standard college degree

offered by a proprietary profit or proprietary nonprofit

educational institution if -

(1) the educational institution has been operating for less

than two years;

(2) the course is offered at a branch of the educational

institution and the branch has been operating for less than two

years; or

(3) following either a change in ownership or a complete move

outside its original general locality, the educational

institution does not retain substantially the same faculty,

student body, and courses as before the change in ownership or

the move outside the general locality (as determined in

accordance with regulations the Secretary shall prescribe) unless

the educational institution following such change or move has

been in operation for at least two years.

(f) The Secretary may not approve the enrollment of an eligible

veteran in a course as a part of a program of education offered by

an educational institution if the course is provided under contract

by another educational institution or entity and -

(1) the Secretary would be barred under subsection (e) from

approving the enrollment of an eligible veteran in the course of

the educational institution or entity providing the course under

contract; or

(2) the educational institution or entity providing the course

under contract has not obtained approval for the course under

this chapter.

(g) Notwithstanding subsections (e) and (f)(1), the Secretary may

approve the enrollment of an eligible veteran in a course approved

under this chapter if the course is offered by an educational

institution under contract with the Department of Defense or the

Department of Homeland Security and is given on or immediately

adjacent to a military base, Coast Guard station, National Guard

facility, or facility of the Selected Reserve.

-SOURCE-

(Added Pub. L. 102-568, title III, Sec. 313(a)(2), Oct. 29, 1992,

106 Stat. 4331; amended Pub. L. 104-275, title I, Secs. 103(a)(2),

(b), 104(c), Oct. 9, 1996, 110 Stat. 3326, 3327; Pub. L. 105-114,

title IV, Sec. 401(d), (e), Nov. 21, 1997, 111 Stat. 2293; Pub. L.

105-368, title X, Sec. 1005(b)(9), Nov. 11, 1998, 112 Stat. 3365;

Pub. L. 107-103, title I, Sec. 111(a), Dec. 27, 2001, 115 Stat.

986; Pub. L. 107-296, title XVII, Sec. 1704(d), Nov. 25, 2002, 116

Stat. 2315.)

-MISC1-

AMENDMENTS

2002 - Subsec. (g). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

2001 - Subsec. (a)(4). Pub. L. 107-103 inserted "(A)" after

"leading" and ", or (B) to a certificate that reflects educational

attainment offered by an institution of higher learning" before

period at end.

1998 - Subsec. (d)(2)(C). Pub. L. 105-368 struck out "section"

before "subsection (g)".

1997 - Subsec. (a)(4). Pub. L. 105-114, Sec. 401(d), inserted

"(including open circuit television)" before "leading to a

standard".

Subsec. (g). Pub. L. 105-114, Sec. 401(e), substituted

"subsections (e) and (f)(1)" for "subsections (e) and (f)".

1996 - Subsec. (c). Pub. L. 104-275, Sec. 104(c), substituted

"radio." for "radio or by open circuit television, except that the

Secretary may approve the enrollment of an eligible veteran in a

course, to be pursued in residence, leading to a standard college

degree which includes, as an integral part thereof, subjects

offered through open circuit television."

Subsec. (d)(2)(C). Pub. L. 104-275, Sec. 103(a)(2), substituted

"subsection (g)" for "3689(b)(6) of this title".

Subsecs. (e) to (g). Pub. L. 104-275, Sec. 103(b), added subsecs.

(e) to (g).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-103, title I, Sec. 111(b), Dec. 27, 2001, 115 Stat.

987, provided that: "The amendments made by subsection (a)

[amending this section] shall apply to enrollments in independent

study courses beginning on or after the date of the enactment of

this Act [Dec. 27, 2001]."

SAVINGS PROVISION

Section not applicable to any person receiving educational

assistance for pursuit of an independent study program in which the

person was enrolled on Oct. 29, 1992, for as long as such person is

continuously thereafter so enrolled and meets requirements of

eligibility for such assistance, see section 313(b) of Pub. L.

102-568, set out as a note under section 16136 of Title 10, Armed

Forces.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3034, 3241 of this title;

title 10 section 16136.

-End-

-CITE-

38 USC Sec. 3681 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3681. Limitations on educational assistance

-STATUTE-

(a) No educational assistance allowance granted under chapter 30,

34, 35, or 36 of this title or 106 or 107 of title 10, or

subsistence allowance granted under chapter 31 of this title shall

be paid to any eligible person (1) who is on active duty and is

pursuing a course of education which is being paid for by the Armed

Forces (or by the Department of Health and Human Services in the

case of the Public Health Service; or (2) who is attending a course

of education or training paid for under chapter 41 of title 5.

(b) No person may receive benefits concurrently under two or more

of the provisions of law listed below:

(1) Chapters 30, 31, 32, 34, 35, and 36 of this title.

(2) Chapters 106 and 107 of title 10.

(3) Section 903 of the Department of Defense Authorization Act,

1981 (Public Law 96-342, 10 U.S.C. 2141 note).

(4) The Hostage Relief Act of 1980 (Public Law 96-449, 5 U.S.C.

5561 note).

(5) The Omnibus Diplomatic Security and Antiterrorism Act of

1986 (Public Law 99-399).

-SOURCE-

(Added Pub. L. 89-358, Sec. 3(b), Mar. 3, 1966, 80 Stat. 21, Sec.

1781; amended Pub. L. 91-219, title II, Sec. 213(1), Mar. 26, 1970,

84 Stat. 83; Pub. L. 92-540, title IV, Sec. 403(8), Oct. 24, 1972,

86 Stat. 1090; Pub. L. 94-502, title V, Sec. 513(a)(13), Oct. 15,

1976, 90 Stat. 2403; Pub. L. 96-466, title I, Sec. 102, title VIII,

Sec. 801(e), Oct. 17, 1980, 94 Stat. 2187, 2216; Pub. L. 97-295,

Sec. 4(53), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 98-223, title II,

Sec. 203(c)(1), Mar. 2, 1984, 98 Stat. 41; Pub. L. 98-525, title

VII, Sec. 703(c), Oct. 19, 1984, 98 Stat. 2564; Pub. L. 99-576,

title III, Secs. 317, 321(9), Oct. 28, 1986, 100 Stat. 3275, 3278;

Pub. L. 101-237, title IV, Sec. 423(a)(8)(A), Dec. 18, 1989, 103

Stat. 2092; renumbered Sec. 3681, Pub. L. 102-83, Sec. 5(a), Aug.

6, 1991, 105 Stat. 406; Pub. L. 102-568, title III, Sec. 315, Oct.

29, 1992, 106 Stat. 4333.)

-REFTEXT-

REFERENCES IN TEXT

Section 903 of the Department of Defense Authorization Act, 1981,

referred to in subsec. (b)(3), is section 903 of Pub. L. 96-342,

title IX, Sept. 8, 1980, 94 Stat. 1115, which is set out as a note

under section 2141 of Title 10, Armed Forces.

The Hostage Relief Act of 1980, referred to in subsec. (b)(4), is

Pub. L. 96-449, Oct. 14, 1980, 94 Stat. 1967, which is set out as a

note under section 5561 of Title 5, Government Organization and

Employees.

The Omnibus Diplomatic Security and Antiterrorism Act of 1986,

referred to in subsec. (b)(5), is Pub. L. 99-399, Aug. 27, 1986,

100 Stat. 853, as amended. For complete classification of this Act

to the Code, see Short Title note set out under section 4801 of

Title 22, Foreign Relations and Intercourse, and Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1182, 1201,

which was classified to former sections 1632(h)(1) and 1762(b) of

this title, prior to repeal by sections 4(a) and 3(a)(2) of Pub. L.

89-358, respectively.

AMENDMENTS

1992 - Subsec. (a)(2). Pub. L. 102-568 struck out before period

at end "and whose full salary is being paid to such person while so

training".

1991 - Pub. L. 102-83 renumbered section 1781 of this title as

this section.

1989 - Subsec. (b)(5). Pub. L. 101-237 added par. (5).

1986 - Subsec. (b). Pub. L. 99-576 struck out "for the pursuit of

the same program of education" after "provisions of law listed

below" in introductory text and substituted "Chapters 106 and 107"

for "Chapter 107" in par. (2).

1984 - Subsec. (a). Pub. L. 98-525, Sec. 703(c)(1)(A)-(C),

inserted initial reference to chapter 30 of this title, inserted

references to chapters 106 and 107 of title 10, and struck out

comma after "chapter 31".

Pub. L. 98-223, Sec. 203(c)(1)(A), designated existing provisions

as subsec. (a).

Subsec. (b). Pub. L. 98-525, Sec. 703(c)(2), inserted reference

to chapter 30 of this title in par. (1).

Pub. L. 98-223, Sec. 203(c)(1)(B), added subsec. (b).

1982 - Pub. L. 97-295 substituted "chapter 41 of title 5" for

"the Government Employees' Training Act".

1980 - Pub. L. 96-466 inserted ", or subsistence allowance

granted under chapter 31," after "chapter 34, 35, or 36" and

substituted "Department of Health and Human Services" for

"Department of Health, Education, and Welfare".

1976 - Pub. L. 94-502 substituted "such person" for "him".

1972 - Pub. L. 92-540 substituted "granted under chapter 34, 35,

or 36" for "or special training allowance granted under chapter 34

or 35".

1970 - Pub. L. 91-219 substituted "Limitations on educational

assistance" for "Nonduplication of benefits" as section catchline

and limited duplication of benefits bar to cases of persons on

active duty with Armed Forces or Public Health Service whose

education or training costs are being paid by Federal Government

and persons receiving education or training under Government

Employees' Training Act being paid their full salary during that

period.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 802(a)(6) of Pub. L. 96-466 provided that: "The

amendments made by sections 102 and 103 [amending this section and

section 1795 [now 3695] of this title] shall become effective on

October 1, 1980."

Amendment by section 801(e) of Pub. L. 96-466 effective Oct. 1,

1980, see section 802(h) of Pub. L. 96-466, set out as a note under

section 3452 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 15, 1976, see section

703(b) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

DUPLICATION OF BENEFITS

Pub. L. 90-574, title V, Sec. 504, Oct. 15, 1968, 82 Stat. 1012,

relating to duplication of benefits, was repealed by Pub. L.

91-219, title II, Sec. 215(a), Mar. 26, 1970, 84 Stat. 85.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3689 of this title.

-End-

-CITE-

38 USC Sec. 3682 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3682. Control by agencies of the United States

-STATUTE-

Except as provided in section 3674A of this title, no department,

agency, or officer of the United States, in carrying out this

chapter, shall exercise any supervision or control, whatsoever,

over any State approving agency, or State educational agency, or

any educational institution. 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 law to exercise

over any Federal educational institution or to prevent the

furnishing of education under this chapter or chapter 34 or 35 of

this title in any institution over which supervision or control is

exercised by such other department, agency, or officer under

authority of law.

-SOURCE-

(Added Pub. L. 89-358, Sec. 3(b), Mar. 3, 1966, 80 Stat. 21, Sec.

1782; amended Pub. L. 92-540, title IV, Sec. 403(9), Oct. 24, 1972,

86 Stat. 1090; Pub. L. 100-323, Sec. 13(b)(6), May 20, 1988, 102

Stat. 574; renumbered Sec. 3682 and amended Pub. L. 102-83, Sec.

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1190, 1201,

which was classified to former sections 1663 and 1763 of this

title, prior to repeal by sections 4(a) and 3(a)(3) of Pub. L.

89-358, respectively.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1782 of this title as

this section and substituted "3674A" for "1774A".

1988 - Pub. L. 100-323 substituted "Except as provided in section

1774A of this title, no" for "No".

1972 - Pub. L. 92-540 inserted "this chapter or" before "chapter

34 or 35".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3689 of this title.

-End-

-CITE-

38 USC Sec. 3683 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3683. Conflicting interests

-STATUTE-

(a) Every officer or employee of the Department of Veterans

Affairs who has, while such an officer or employee, owned any

interest in, or received any wages, salary, dividends, profits,

gratuities, or services from, any educational institution operated

for profit in which an eligible person or veteran was pursuing a

program of education or course under this chapter or chapter 34 or

35 of this title shall be immediately dismissed from such officer's

or employee's office or employment.

(b) If the Secretary finds that any person who is an officer or

employee of a State approving agency has, while such person was

such an officer or employee, owned any interest in, or received any

wages, salary, dividends, profits, gratuities, or services from, an

educational institution operated for profit in which an eligible

person or veteran was pursuing a program of education or course

under this chapter or chapter 34 or 35 of this title, the Secretary

shall discontinue making payments under section 3674 of this title

to such State approving agency unless such agency shall, without

delay, take such steps as may be necessary to terminate the

employment of such person and such payments shall not be resumed

while such person is an officer or employee of the State approving

agency, or State department of veterans' affairs or State

department of education.

(c) A State approving agency shall not approve any course offered

by an educational institution operated for profit, and, if any such

course has been approved, shall disapprove each such course, if it

finds that any officer or employee of the Department of Veterans

Affairs or the State approving agency owns an interest in, or

receives any wages, salary, dividends, profits, gratuities, or

services from, such institution.

(d) The Secretary may, after reasonable notice and public

hearings, waive in writing the application of this section in the

case of any officer or employee of the Department of Veterans

Affairs or of a State approving agency, if the Secretary finds that

no detriment will result to the United States or to eligible

persons or veterans by reasons of such interest or connection of

such officer or employee.

-SOURCE-

(Added Pub. L. 89-358, Sec. 3(b), Mar. 3, 1966, 80 Stat. 22, Sec.

1783; amended Pub. L. 92-540, title IV, Sec. 403(10), Oct. 24,

1972, 86 Stat. 1090; Pub. L. 94-502, title V, Sec. 513(a)(14)-(16),

Oct. 15, 1976, 90 Stat. 2403; Pub. L. 97-295, Sec. 4(54), Oct. 12,

1982, 96 Stat. 1309; Pub. L. 101-237, title IV, Sec. 423(b)(1),

Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3683 and amended

Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1190, 1201,

which was classified to former sections 1664 and 1764 of this

title, prior to repeal by sections 4(a) and 3(a)(3) of Pub. L.

89-358, respectively.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1783 of this

title as this section.

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3674" for

"1774".

1989 - Pub. L. 101-237 substituted "Secretary" and "Department of

Veterans Affairs" for "Administrator" and "Veterans'

Administration", respectively, wherever appearing.

1982 - Subsec. (a). Pub. L. 97-295 inserted "of this title" after

"34 or 35".

1976 - Subsec. (a). Pub. L. 94-502, Sec. 513(a)(14), substituted

"such officer's or employee's" for "his".

Subsec. (b). Pub. L. 94-502, Sec. 513(a)(15), substituted "while

such person was" for "while he was" and "the Administrator shall

discontinue" for "he shall discontinue".

Subsec. (d). Pub. L. 94-502, Sec. 513(a)(16), substituted "if the

Administrator finds" for "if he finds".

1972 - Subsecs. (a), (b). Pub. L. 92-540 inserted "this chapter

or" before "chapter 34 or 35" wherever appearing.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 15, 1976, see section

703(b) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3689 of this title.

-End-

-CITE-

38 USC Sec. 3684 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3684. Reports by veterans, eligible persons, and institutions;

reporting fee

-STATUTE-

(a)(1) Except as provided in paragraph (2) of this subsection,

the veteran or eligible person and the educational institution

offering a course in which such veteran or eligible person is

enrolled under chapter 31, 34,,(!1) 35, or 36 of this title shall,

without delay, report to the Secretary, in the form prescribed by

the Secretary, such enrollment and any interruption or termination

of the education of each such veteran or eligible person. The date

of such interruption or termination will be the last date of

pursuit, or, in the case of correspondence training, the last date

a lesson was serviced by a school.

(2)(A) In the case of a program of independent study pursued on

less than a half-time basis in an educational institution, the

Secretary may approve a delay by the educational institution in

reporting the enrollment or reenrollment of an eligible veteran or

eligible person until the end of the term, quarter, or semester if

the educational institution requests the delay and the Secretary

determines that it is not feasible for the educational institution

to monitor interruption or termination of the veteran's or eligible

person's pursuit of such program.

(B) An educational institution which, pursuant to subparagraph

(A) of this paragraph, is delaying the reporting of the enrollment

or reenrollment of a veteran shall provide the veteran with notice

of the delay at the time that the veteran enrolls or reenrolls.

(3)(A) Subject to subparagraph (B) of this paragraph, an

educational institution offering courses on a term, quarter, or

semester basis may certify the enrollment of a veteran who is not

on active duty, or of an eligible person, in such courses for more

than one term, quarter, or semester at a time, but not for a period

extending beyond the end of a school year (including the summer

enrollment period).

(B) Subparagraph (A) of this paragraph shall not apply with

respect to any term, quarter, or semester for which the veteran or

eligible person is enrolled on a less than half-time basis and

shall not be construed as restricting the Secretary from requiring

that an educational institution, in reporting an enrollment for

more than one term, quarter, or semester, specify the dates of any

intervals within or between any such terms, quarters, or semesters.

(b) The Secretary, prior to making payment of a reporting fee to

an educational institution, as provided for in subsection (c) of

this section, shall require such institution to certify that it has

exercised reasonable diligence in determining whether such

institution or any course offered by such institution approved for

the enrollment of veterans or eligible persons meets all of the

applicable requirements of chapters 31, 34, 35, and 36 of this

title and that it will, without delay, report any failure to meet

any such requirement to the Secretary.

(c) The Secretary may pay to any educational institution, or to

any joint apprenticeship training committee acting as a training

establishment, furnishing education or training under either this

chapter or chapter 31, 34, or 35 of this title, a reporting fee

which will be in lieu of any other compensation or reimbursement

for reports or certifications which such educational institution or

joint apprenticeship training committee is required to submit to

the Secretary by law or regulation. Such reporting fee shall be

computed for each calendar year by multiplying $7 by the number of

eligible veterans or eligible persons enrolled under this chapter

or chapter 31, 34, or 35 of this title, or $11 in the case of those

eligible veterans and eligible persons whose educational assistance

checks are directed in care of each institution for temporary

custody and delivery and are delivered at the time of registration

as provided under section 3680(d)(4) of this title, during the

calendar year. The reporting fee shall be paid to such educational

institution or joint apprenticeship training committee as soon as

feasible after the end of the calendar year for which it is

applicable. No reporting fee payable to an educational institution

under this subsection shall be subject to offset by the Secretary

against any liability of such institution for any overpayment for

which such institution may be administratively determined to be

liable under section 3685 of this title unless such liability is

not contested by such institution or has been upheld by a final

decree of a court of appropriate jurisdiction. The reporting fee

payable under this subsection shall be paid from amounts

appropriated for readjustment benefits.

-SOURCE-

(Added Pub. L. 89-358, Sec. 3(b), Mar. 3, 1966, 80 Stat. 22, Sec.

1784; amended Pub. L. 90-77, title III, Sec. 308(a), Aug. 31, 1967,

81 Stat. 189; Pub. L. 92-540, title III, Sec. 315, Oct. 24, 1972,

86 Stat. 1084; Pub. L. 93-508, title II, Sec. 210(2), Dec. 3, 1974,

88 Stat. 1585; Pub. L. 94-502, title V, Secs. 507, 508, 513(a)(17),

Oct. 15, 1976, 90 Stat. 2400, 2403; Pub. L. 95-202, title III, Sec.

304(a)(1), Nov. 23, 1977, 91 Stat. 1442; Pub. L. 96-466, title III,

Sec. 343(a), (b)(1), title VI, Sec. 601(e), Oct. 17, 1980, 94 Stat.

2198, 2208; Pub. L. 97-295, Sec. 4(55), Oct. 12, 1982, 96 Stat.

1309; Pub. L. 99-576, title III, Secs. 318, 319, Oct. 28, 1986, 100

Stat. 3275; Pub. L. 101-237, title IV, Secs. 416(a), 423(b)(1)(A),

Dec. 18, 1989, 103 Stat. 2086, 2092; renumbered Sec. 3684 and

amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

406; Pub. L. 105-368, title II, Sec. 201(a), (b), Nov. 11, 1998,

112 Stat. 3326; Pub. L. 106-419, title IV, Sec. 404(a)(7), Nov. 1,

2000, 114 Stat. 1865.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1191, 1202,

which was classified to former sections 1665(a) and 1765(a) of this

title, prior to repeal by sections 4(a) and 3(a)(3) of Pub. L.

89-358, respectively.

AMENDMENTS

2000 - Subsec. (c). Pub. L. 106-419 substituted "calendar" for

"calender" after "during the".

1998 - Subsec. (c). Pub. L. 105-368, in second sentence,

substituted "during the calender year." for "on October 31 of that

year; except that the Secretary may, where it is established by

such educational institution or joint apprenticeship training

committee that eligible veteran plus eligible person enrollment on

such date varies more than 15 percent from the peak eligible

veteran enrollment plus eligible person enrollment in such

educational institution or joint apprenticeship training committee

during such calendar year, establish such other date as

representative of the peak enrollment as may be justified for such

educational institution or joint apprenticeship training

committee." and inserted at end "The reporting fee payable under

this subsection shall be paid from amounts appropriated for

readjustment benefits."

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1784 of this

title as this section.

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3680(d)(4)" for "1780(d)(4)" and "3685" for "1785".

1989 - Subsec. (a)(1). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator" wherever appearing.

Pub. L. 101-237, Sec. 416(a)(1), substituted "chapter 31, 34,"

for "chapter 34".

Subsec. (a)(2)(A), (3)(B). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (b). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator" wherever appearing.

Pub. L. 101-237, Sec. 416(a)(2), inserted reference to chapter

31.

Subsec. (c). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator" wherever appearing.

Pub. L. 101-237, Sec. 416(a)(3), inserted references to chapter

31.

1986 - Subsec. (a)(1), (2). Pub. L. 99-576, Sec. 318, designated

existing provisions as par. (1), substituted "Except as provided in

paragraph (2) of this subsection, the" for "The", and added par.

(2).

Subsec. (a)(3). Pub. L. 99-576, Sec. 319, added par. (3).

1982 - Subsec. (c). Pub. L. 97-295 substituted "percent" for "per

centum".

1980 - Pub. L. 96-466, Sec. 343(b)(1), substituted "Reports by

veterans, eligible persons, and institutions" for "Reports by

institutions" in section catchline.

Subsec. (a). Pub. L. 96-466, Sec. 343(a)(1), expanded provisions

to require reports by veterans and eligible persons.

Subsec. (b). Pub. L. 96-466, Sec. 343(a)(2), added subsec. (b).

Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 96-466, Secs. 343(a)(2), 601(e),

redesignated former subsec. (b) as (c) and substituted "section

1780(d)(4)" for "section 1780(d)(5)".

1977 - Subsec. (b). Pub. L. 95-202 substituted "$7" and "$11" for

"$5" and "$6", respectively, and inserted provision that no

reporting fee payable to an educational institution under this

subsection be subject to offset by the Administrator against any

liability of the institution for any overpayment for which the

institution may be administratively determined to be liable under

section 1785 of this title unless that liability is not contested

by the institution or has been upheld by a final decree of a court

of appropriate jurisdiction.

1976 - Subsec. (a). Pub. L. 94-502, Secs. 507, 513(a)(17),

substituted "prescribed by the Administrator" for "prescribed by

him", and specified the date of interruption or termination as the

last date of pursuit, or in the case of a correspondence school,

the last date a lesson was serviced.

Subsec. (b). Pub. L. 94-502, Secs. 508, 513(a)(17), substituted

"$5" for "$3", "$6" for "$4", and "submit to the Administrator" for

"submit to him".

1974 - Subsec. (b). Pub. L. 93-508 extended the payment of

reporting fee to educational institutions under this chapter and to

joint apprenticeship training committees acting as training

establishments, and in provisions relating to computation of such

fee, substituted reference to this chapter for reference to chapter

36 of this title.

1972 - Subsec. (a). Pub. L. 92-540, Sec. 315(1), inserted

reference to chapter 36 of this title.

Subsec. (b). Pub. L. 92-540, Sec. 315(1), (2), (3), inserted

reference to chapter 36 of this title, and substituted provisions

relating to the computation of the reporting fee based on the

number of eligible veterans or eligible persons enrolled under

chapter 34, 35, or 36 of this title, or based on eligible veterans

and eligible persons whose educational assistance checks are

directed in care of such institution for temporary custody and

delivery and are delivered at the time of registration as provided

under section 1780(d)(5) of this title, for provisions relating to

the computation of such fee based on eligible veterans enrolled

under chapter 34 of this title, plus the number of eligible persons

enrolled under chapter 35 of this title.

1967 - Pub. L. 90-77 provided for the reporting fee in section

catchline, designated existing provisions as subsec. (a), and added

subsec. (b).

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-368, title II, Sec. 201(c), Nov. 11, 1998, 112 Stat.

3326, provided that: "The amendments made by this section [amending

this section] shall apply with respect to calendar years beginning

after December 31, 1998."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 416(b) of Pub. L. 101-237 provided that: "The amendments

made by this section [amending this section] shall take effect on

January 1, 1990."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by section 343(a), (b)(1) of Pub. L. 96-466 effective

Oct. 1, 1980, except as otherwise specifically provided, see

section 802(c) of Pub. L. 96-466, set out as a note under section

3452 of this title.

Amendment by section 601(e) of Pub. L. 96-466 effective Oct. 1,

1980, except as otherwise specifically provided, see section 802(f)

of Pub. L. 96-466, set out as an Effective Date note under section

5314 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by section 304(a)(1)(A) of Pub. L. 95-202 effective

retroactively to Oct. 1, 1977, and amendment by section

304(a)(1)(B) of Pub. L. 95-202 effective Nov. 23, 1977, see section

501 of Pub. L. 95-202, set out as a note under section 101 of this

title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by sections 507, 508, and 513(a)(17) of Pub. L. 94-502

effective Dec. 1, 1976, Oct. 1, 1976, and Oct. 15, 1976,

respectively, see section 703 of Pub. L. 94-502, set out as an

Effective Date note under section 3693 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section

503 of Pub. L. 93-508, set out as a note under section 3452 of this

title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-77 effective first day of first month

which begins more than ten days after Aug. 31, 1967, see section

405 of Pub. L. 90-77, set out as a note under section 101 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3685, 3698 of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

38 USC Sec. 3684A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3684A. Procedures relating to computer matching program

-STATUTE-

(a)(1) Notwithstanding section 552a(p) of title 5 and subject to

paragraph (2) of this subsection, the Secretary may suspend,

terminate, reduce, or make a final denial of any financial

assistance or payment under an educational assistance program

provided for in chapter 30 or 32 of this title or in chapter 106 of

title 10 in the case of any individual, or take other adverse

action against such individual, based on information produced by a

matching program with the Department of Defense.

(2) The Secretary may not take any action referred to in

paragraph (1) of this subsection until -

(A) the individual concerned has been provided a written notice

containing a statement of the findings of the Secretary based on

the matching program, a description of the proposed action, and

notice of the individual's right to contest such findings within

10 days after the date of the notice; and

(B) the 10-day period referred to in subparagraph (A) of this

paragraph has expired.

(3) In computing the 10-day period referred to in paragraph (2)

of this subsection, Saturdays, Sundays, and Federal holidays shall

be excluded.

(b) For the purposes of subsection (q) of section 552a of title

5, compliance with the provisions of subsection (a) of this section

shall be considered compliance with the provisions of subsection

(p) of such section 552a.

(c) For purposes of this section, the term "matching program" has

the same meaning provided in section 552a(a)(8) of title 5.

-SOURCE-

(Added Pub. L. 101-366, title II, Sec. 206(a), Aug. 15, 1990, 104

Stat. 441, Sec. 1784A; renumbered Sec. 3684A, Pub. L. 102-83, Sec.

5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1784A of this title as

this section.

-End-

-CITE-

38 USC Sec. 3685 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3685. Overpayments to eligible persons or veterans

-STATUTE-

(a) Whenever the Secretary finds that an overpayment has been

made to a veteran or eligible person, the amount of such

overpayment shall constitute a liability of such veteran or

eligible person to the United States.

(b) Whenever the Secretary finds that an overpayment has been

made to a veteran or eligible person as the result of (1) the

willful or negligent failure of an educational institution to

report, as required under this chapter or chapter 34 or 35 of this

title, to the Department of Veterans Affairs excessive absences

from a course, or discontinuance or interruption of a course by the

veteran or eligible person, or (2) the willful or negligent false

certification by an educational institution, the amount of such

overpayment shall constitute a liability of the educational

institution to the United States.

(c) Any overpayment referred to in subsection (a) or (b) of this

section may be recovered, except as otherwise provided in the last

sentence of section 3684(c) of this title, in the same manner as

any other debt due the United States.

(d) Any overpayment referred to in subsection (a) or (b) of this

section may be waived as to a veteran or eligible person as

provided in section 5302 of this title. Waiver of any such

overpayment as to a veteran or eligible person shall in no way

release any educational institution from liability under subsection

(b) of this section.

(e)(1) Any amount collected from a veteran or eligible person

pursuant to this section shall be reimbursed to the educational

institution which is liable pursuant to subsection (b) of this

section to the extent that collection was made from the educational

institution.

(2) Nothing in this section or any other provision of this title

shall be construed as (A) precluding the imposition of any civil or

criminal liability under this title or any other law, or (B)

requiring any institution of higher learning to maintain daily

attendance records for any course leading to a standard college

degree.

-SOURCE-

(Added Pub. L. 89-358, Sec. 3(b), Mar. 3, 1966, 80 Stat. 22, Sec.

1785; amended Pub. L. 92-540, title IV, Sec. 403(11), Oct. 24,

1972, 86 Stat. 1090; Pub. L. 95-202, title III, Sec. 304(a)(2),

Nov. 23, 1977, 91 Stat. 1442; Pub. L. 96-466, title III, Sec. 344,

Oct. 17, 1980, 94 Stat. 2199; Pub. L. 101-237, title IV, Sec.

423(b)(1), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102-40, title IV,

Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 3685

and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1191, 1202,

which was classified to former sections 1666 and 1766 of this

title, prior to repeal by sections 4(a) and 3(a)(3) of Pub. L.

89-358, respectively.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1785 of this

title as this section.

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "3684(c)"

for "1784(c)".

Subsec. (d). Pub. L. 102-40 substituted "5302" for "3102".

1989 - Subsecs. (a), (b). Pub. L. 101-237 substituted "Secretary"

and "Department of Veterans Affairs" for "Administrator" and

"Veterans' Administration", respectively, wherever appearing.

1980 - Pub. L. 96-466 designated existing provisions as subsecs.

(b), (c), and (e), with minor changes in language, and added

subsecs. (a) and (d).

1977 - Pub. L. 95-202 inserted ", except as otherwise provided in

section 1784(b) of this title," after "recovered" in first

sentence, and inserted last sentence providing that nothing in this

section or any other provision of this title shall be construed as

requiring any institution of higher learning to maintain daily

attendance for any course leading to a standard college degree.

1972 - Pub. L. 92-540 inserted "this chapter or" before "chapter

34 or 35".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as

otherwise specifically provided, see section 802(c) of Pub. L.

96-466, set out as a note under section 3452 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-202 effective Nov. 23, 1977, see section

501 of Pub. L. 95-202, set out as a note under section 101 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3020, 3684, 3689 of this

title.

-End-

-CITE-

38 USC Sec. 3686 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3686. Correspondence courses

-STATUTE-

(a)(1) Each eligible veteran (as defined in section 3452(a)(1)

and (2) of this title) and each eligible spouse or surviving spouse

(as defined in section 3501(a)(1)(B), (C), or (D) of this title)

who enters into an enrollment agreement to pursue a program of

education exclusively by correspondence shall be paid an

educational assistance allowance computed at the rate of 55 percent

of the established charge which the institution requires

nonveterans to pay for the course or courses pursued by the

eligible veteran or spouse or surviving spouse. The term

"established charge" as used herein means the charge for the course

or courses determined on the basis of the lowest extended time

payment plan offered by the institution and approved by the

appropriate State approving agency or the actual cost to the

veteran or spouse or surviving spouse, whichever is the lesser.

Such allowance shall be paid quarterly on a pro rata basis for the

lessons completed by the veteran or spouse or surviving spouse and

serviced by the institution.

(2) The period of entitlement of any veteran or spouse or

surviving spouse who is pursuing any program of education

exclusively by correspondence shall be charged with one month for

each $376 which is paid to the veteran or spouse or surviving

spouse as an educational assistance allowance for such course.

(3) Notwithstanding any other provision of law unless enacted in

express limitation of this paragraph, funds in the Department of

Veterans Affairs readjustment benefits account shall be available

for payments under paragraph (1) of this subsection for pursuit of

a program of education exclusively by correspondence in which the

veteran or spouse or surviving spouse enrolls after September 30,

1981.

(b) The enrollment agreement shall fully disclose the obligation

of both the institution and the veteran or spouse or surviving

spouse and shall prominently display the provisions for affirmance,

termination, refunds, and the conditions under which payment of the

allowance is made by the Secretary to the veteran or spouse or

surviving spouse. A copy of the enrollment agreement shall be

furnished to each such veteran or spouse or surviving spouse at the

time such veteran or spouse or surviving spouse signs such

agreement. No such agreement shall be effective unless such veteran

or spouse or surviving spouse shall, after the expiration of ten

days after the enrollment agreement is signed, have signed and

submitted to the Secretary a written statement, with a signed copy

to the institution, specifically affirming the enrollment

agreement. In the event the veteran or spouse or surviving spouse

at any time notifies the institution of such veteran's or spouse's

intention not to affirm the agreement in accordance with the

preceding sentence, the institution, without imposing any penalty

or charging any fee shall promptly make a full refund of all

amounts paid.

(c) In the event a veteran or spouse or surviving spouse elects

to terminate such veteran's or spouse's enrollment under an

affirmed enrollment agreement, the institution may charge the

veteran or spouse or surviving spouse a registration or similar fee

not in excess of 10 percent of the tuition for the course, or $50,

whichever is less. Where the veteran or spouse or surviving spouse

elects to terminate the agreement after completion of one or more

but less than 25 percent of the total number of lessons comprising

the course, the institution may retain such registration or similar

fee plus 25 percent of the tuition for the course. Where the

veteran or spouse or surviving spouse elects to terminate the

agreement after completion of 25 percent but less than 50 percent

of the lessons comprising the course, the institution may retain

the full registration or similar fee plus 50 percent of the course

tuition. If 50 percent or more of the lessons are completed, no

refund of tuition is required.

-SOURCE-

(Added Pub. L. 92-540, title III, Sec. 316(1), Oct. 24, 1972, 86

Stat. 1084, Sec. 1786; amended Pub. L. 93-508, title I, Sec.

104(1), Dec. 3, 1974, 88 Stat. 1580; Pub. L. 93-602, title II, Sec.

205(a), Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94-502, title V, Secs.

501(1), 513(a)(18), Oct. 15, 1976, 90 Stat. 2398, 2403; Pub. L.

95-202, title I, Sec. 104(1), Nov. 23, 1977, 91 Stat. 1435; Pub. L.

96-466, title II, Secs. 203(2), 213(2), title VI, Sec. 604, Oct.

17, 1980, 94 Stat. 2189, 2191, 2209; Pub. L. 97-35, title XX, Sec.

2004(a), Aug. 13, 1981, 95 Stat. 782; Pub. L. 97-174, Sec. 5(a),

May 4, 1982, 96 Stat. 75; Pub. L. 97-295, Sec. 4(56), Oct. 12,

1982, 96 Stat. 1309; Pub. L. 98-543, title II, Sec. 204(1), Oct.

24, 1984, 98 Stat. 2742; Pub. L. 101-237, title IV, Sec. 423(b)(1),

Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3686 and amended

Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406;

Pub. L. 103-446, title VI, Sec. 605(a)(2)(C), Nov. 2, 1994, 108

Stat. 4672.)

-MISC1-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-446 struck out "(other than one

subject to the provisions of section 3676 of this title)" before

"may charge".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1786 of this

title as this section.

Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3452(a)(1)" for "1652(a)(1)" and "3501(a)(1)(B)" for

"1701(a)(1)(B)".

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "3676" for

"1776".

1989 - Subsecs. (a)(3), (b). Pub. L. 101-237 substituted

"Secretary" and "Department of Veterans Affairs" for

"Administrator" and "Veterans' Administration", respectively,

wherever appearing.

1984 - Subsec. (a)(2). Pub. L. 98-543 substituted "$376" for

"$342".

1982 - Subsec. (a)(3). Pub. L. 97-174 added par. (3).

Subsec. (c). Pub. L. 97-295 substituted "percent" for "per

centum" wherever appearing.

1981 - Subsec. (a)(1). Pub. L. 97-35 substituted "55" for "70".

1980 - Subsec. (a)(1). Pub. L. 96-466, Sec. 604, substituted "70

percent" for "90 per centum".

Subsec. (a)(2). Pub. L. 96-466, Sec. 213(2), substituted "$342"

for "$327".

Pub. L. 96-466, Sec. 203(2), substituted "$327" for "$311".

1977 - Subsec. (a)(2). Pub. L. 95-202 substituted "$311" for

"$292".

1976 - Subsec. (a)(1). Pub. L. 94-502, Sec. 513(a)(18),

substituted "spouse or surviving spouse" for "wife or widow"

wherever appearing.

Subsec. (a)(2). Pub. L. 94-502, Secs. 501(1), 513(a)(18),

substituted "spouse or surviving spouse" for "wife or widow" in two

places and "$292" for "$270".

Subsecs. (b), (c). Pub. L. 94-502, Sec. 513(a)(18), substituted

"spouse or surviving spouse" for "wife or widow" wherever appearing

and "such veteran's or spouse's" for "his".

1975 - Subsec. (a)(2). Pub. L. 93-602 substituted "$270" for

"$260".

1974 - Subsec. (a)(2). Pub. L. 93-508 substituted "$260" for

"220".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-446 applicable with respect to programs

of education exclusively by correspondence and to

correspondence-residence courses commencing more than 90 days after

Nov. 2, 1994, see section 605(b) of Pub. L. 103-446, set out as a

note under section 3672 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-543 effective Oct. 1, 1984, see section

205 of Pub. L. 98-543, set out as a note under section 3108 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 5(b) of Pub. L. 97-174 provided that: "The amendment made

by subsection (a) of this section [amending this section] shall

take effect as of October 1, 1981."

EFFECTIVE DATE OF 1981 AMENDMENT

Section 2004(b) of Pub. L. 97-35 provided that: "The amendment

made by subsection (a) [amending this section] shall not apply to

correspondence lessons completed and submitted to the educational

institution concerned before October 1, 1981."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by sections 203(2) and 213(2) of Pub. L. 96-466

effective Oct. 1, 1980, and Jan. 1, 1981, respectively, see section

802(b) of Pub. L. 96-466, set out as a note under section 3482 of

this title.

Amendment by section 604 of Pub. L. 96-466 effective Oct. 1,

1980, except that such amendment not applicable to any person

receiving educational assistance under chapter 34 or 35 of this

title on Sept. 1, 1980, for the pursuit of a program of education

in which such person is enrolled on that date, for as long as such

person continuously thereafter is so enrolled and meets the

requirements of eligibility for such assistance for the pursuit of

such program under the provisions of such chapter and chapter 36 of

this title as in effect on that date, see section 802(f) of Pub. L.

96-466, set out as an Effective Date note under section 5314 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-202 effective retroactively to Oct. 1,

1977, see section 501 of Pub. L. 95-202, set out as a note under

section 101 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by sections 501(1) and 513(a)(18) of Pub. L. 94-502

effective Oct. 1, 1976, and Oct. 15, 1976, respectively, see

section 703(a), (b) of Pub. L. 94-502, set out as an Effective Date

note under section 3693 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-602 effective Jan. 1, 1975, see section

206 of Pub. L. 93-602, set out as a note under section 3482 of this

title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-508 effective Sept. 1, 1974, see section

501 of Pub. L. 93-508, set out as a note under section 3482 of this

title.

EFFECTIVE DATE

Section 602 of Pub. L. 92-540 provided that:

"(a) The provisions of section 1786 [now 3686] of title 38,

United States Code (as added by section 316 of this Act), which

apply to programs of education exclusively by correspondence,

shall, as to those wives and widows made eligible for such training

by that section, become effective January 1, 1973, and, as to

eligible veterans, shall apply only to those enrollment agreements

which are entered into on or after January 1, 1973.

"(b) Notwithstanding the provisions of subsection (a) of this

section, any enrollment agreement entered into by an eligible

veteran prior to January 1, 1973, shall continue to be subject to

the provisions of section 1682(c) of title 38, United States Code,

prior to its repeal by section 303 of this Act."

TERMINATION OF ELIGIBILITY PERIOD

Termination of eligibility period for a wife or widow, or an

eligible person eight years from Oct. 24, 1972, see section 604 of

Pub. L. 92-540, set out as a note under section 3512 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3034, 3484, 3534 of this

title; title 10 section 16136.

-End-

-CITE-

38 USC Sec. 3687 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3687. Apprenticeship or other on-job training

-STATUTE-

(a) An eligible veteran (as defined in section 3452(a)(1) of this

title) or an eligible person (as defined in section 3501(a) of this

title) shall be paid a training assistance allowance as prescribed

by subsection (b) of this section while pursuing a full-time -

(1) program of apprenticeship approved by a State approving

agency as meeting the standards of apprenticeship published by

the Secretary of Labor pursuant to section 2 of the Act of August

16, 1937 (popularly known as the "National Apprenticeship Act")

(29 U.S.C. 50a), or

(2) program of other on-job training approved under provisions

of section 3677 of this title,

subject to the conditions and limitations of chapters 34 and 35 of

this title with respect to educational assistance.

(b)(1) The monthly training assistance allowance of an eligible

veteran pursuing a program described under subsection (a) shall be

as follows:

Column I Column Column Column Column V

II III IV

Periods of No One Two More than

training dependents dependent dependents two

dependents

--------------------------------------------------------------------

The amount in

column IV,

plus the

following for

each dependent

in excess of

two:

First 6 months $274 $307 $336 $14

Second 6 205 239 267 14

months

Third 6 months 136 171 198 14

Fourth and 68 101 131 14

any

succeeding

6-month

periods

--------------------------------------------------------------------

(2) The monthly training assistance allowance of an eligible

person pursuing a program described under subsection (a) shall be

$488 for the first six months, $365 for the second six months, $242

for the third six months, and $122 for the fourth and any

succeeding six-month periods of training.

(3) In any month in which an eligible veteran or person pursuing

a program of apprenticeship or a program of other on-job training

fails to complete one hundred and twenty hours of training in such

month, the monthly training assistance allowance set forth in

subsection (b)(1) or (2) of this section, as applicable, shall be

reduced proportionately in the proportion that the number of hours

worked bears to one hundred and twenty hours rounded off to the

nearest eight hours.

(c) For the purpose of this chapter, the terms "program of

apprenticeship" and "program of other on-job training" shall have

the same meaning as "program of education"; and the term "training

assistance allowance" shall have the same meaning as "educational

assistance allowance" as set forth in chapters 34 and 35 of this

title.

(d) With respect to any fiscal year, the Secretary shall provide

a percentage increase (rounded to the nearest dollar) in the rates

payable under subsection (b)(2) equal to the percentage by which -

(1) the Consumer Price Index (all items, United States city

average) for the 12-month period ending on the June 30 preceding

the beginning of the fiscal year for which the increase is made,

exceeds

(2) such Consumer Price Index for the 12-month period preceding

the 12-month period described in paragraph (1).

-SOURCE-

(Added Pub. L. 92-540, title III, Sec. 316(1), Oct. 24, 1972, 86

Stat. 1085, Sec. 1787; amended Pub. L. 93-508, title I, Sec.

104(2), (3), Dec. 3, 1974, 88 Stat. 1580; Pub. L. 93-602, title II,

Sec. 205(b), Jan. 2, 1975, 88 Stat. 1959; Pub. L. 94-502, title V,

Sec. 501(2), Oct. 15, 1976, 90 Stat. 2398; Pub. L. 95-202, title I,

Sec. 104(2), Nov. 23, 1977, 91 Stat. 1435; Pub. L. 96-466, title

II, Secs. 203(3), 213(3), Oct. 17, 1980, 94 Stat. 2189, 2191; Pub.

L. 97-295, Sec. 4(57), Oct. 12, 1982, 96 Stat. 1309; Pub. L.

98-543, title II, Sec. 204(2), Oct. 24, 1984, 98 Stat. 2742; Pub.

L. 101-237, title IV, Sec. 403(b), Dec. 18, 1989, 103 Stat. 2080;

renumbered Sec. 3687 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406; Pub. L. 105-178, title VIII, Sec.

8210(d), as added Pub. L. 105-206, title IX, Sec. 9014(b), July 22,

1998, 112 Stat. 866; Pub. L. 106-419, title I, Sec. 111(d), (f)(2),

Nov. 1, 2000, 114 Stat. 1830, 1831; Pub. L. 107-103, title I, Sec.

102(d), Dec. 27, 2001, 115 Stat. 978.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in former section 1683, as added by Pub. L. 90-77, title

III, Sec. 304(a), Aug. 31, 1967, 81 Stat. 186; amended Pub. L.

91-219, title I, Sec. 103(e), Mar. 26, 1970, 84 Stat. 77; Pub. L.

91-584, Sec. 7, Dec. 24, 1970, 84 Stat. 1576, prior to repeal by

section 401(6) of Pub. L. 92-540.

AMENDMENTS

2001 - Subsec. (b)(2). Pub. L. 107-103 substituted "$488" for

"$428", "$365" for "$320", "$242" for "$212", and "$122" for

"$107".

2000 - Subsec. (b)(2). Pub. L. 106-419, Sec. 111(d), substituted

"$428" for "$353", "$320" for "$264", "$212" for "$175", and "$107"

for "$88".

Subsec. (d). Pub. L. 106-419, Sec. 111(f)(2), added subsec. (d).

1998 - Subsec. (b)(2). Pub. L. 105-178, Sec. 8210(d), as added by

Pub. L. 105-206, Sec. 9014(b), substituted "$353" for "$294",

"$264" for "$220", "$175" for "$146", and "$88" for "$73".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1787 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3452(a)(1)" for "1652(a)(1)" and "3501(a)" for "1701(a)" in

introductory provisions and "3677" for "1777" in par. (2).

1989 - Subsec. (b)(2). Pub. L. 101-237 substituted "$294 for the

first six months, $220 for the second six months, $146 for the

third six months, and $73 for the fourth and any succeeding

six-month periods of training" for "computed at the rate prescribed

in paragraph (1) of this subsection for an eligible veteran with no

dependents pursuing such a course".

1984 - Subsec. (b)(1). Pub. L. 98-543 increased monthly training

assistance allowance of eligible veterans in column II from $249,

$186, $124 and $62 to $274, $205, $136, and $68; in column III from

$279, $217, $155, and $92 to $307, $239, $171, and $101; in column

IV from $305, $243, $180, and $119 to $336, $267, $198 and $131; in

column V from $13, $13, $13 and $13 to $14, $14, $14 and $14,

respectively.

1982 - Subsec. (a). Pub. L. 97-295 substituted "section 2 of the

Act of August 16, 1937 (popularly known as the 'National

Apprenticeship Act') (29 U.S.C. 50a)" for "section 50a of title 29"

in cl. (1), and inserted "of this title" after "34 and 35" in

provisions following cl. (2).

1980 - Subsec. (b)(1). Pub. L. 96-466, Sec. 213(3), increased

monthly training assistance allowance of eligible veterans in

column II from $237, $177, $119, and $59 to $249, $186, $124, and

$62; in column III from $267, $207, $148, and $88 to $279, $217,

$155, and $92; in column IV from $291, $232, $172, and $113 to

$305, $243, $180, and $119, respectively.

Pub. L. 96-466, Sec. 203(3), increased monthly training

assistance allowance of eligible veterans in column II from $226,

$169, $113, and $56 to $237, $177, $119, and $59; in column III

from $254, $197, $141, and $84 to $267, $207, $148, and $88; in

column IV from $277, $221, $164, and $108 to $291, $232, $172, and

$113; in column V from $12, $12, $12, and $12 to $13, $13, $13, and

$13, respectively.

1977 - Subsec. (b)(1). Pub. L. 95-202 increased monthly training

assistance allowance of eligible veterans in column II from $212,

$159, $106, and $53 to $226, $169, $113, and $56; in column III

from $238, $185, $132, and $79 to $254, $197, $141, and $84; in

column IV from $260, $207, $154, and $101 to $277, $221, $164, and

$108; in column V from $11, $11, $11, and $11 to $12, $12, $12, and

$12, respectively.

1976 - Subsec. (b)(1). Pub. L. 94-502 increased monthly training

assistance allowance of eligible veterans in column II from "$196",

"$147", "$98", and "$49" to "$212", "$159", "$106", and "$53"; in

column III from "$220", "$171", "$122", and "$73" to "$238",

"$185", "$132", and "$79"; in column IV from "$240", "$191",

"$142", and "$93" to "$260", "$207", "$154", and "$101"; and in

column V from "$10", "$10", "$10", and "$10" to "$11", "$11",

"$11", and "$11" respectively.

1975 - Subsec. (b)(1). Pub. L. 93-602 increased monthly training

assistance allowance of eligible veterans in column II from "$189",

"$142", "$95", and "$47" to "$196", "$147", "$98", and "$49"; in

column III from "$212", "$164", "$117", "$70" to "$220", "$171",

"$122", and "$73"; in column IV from "$232", "$184", "$137", and

"$90" to "$240", "$191", "$142", and "$93"; and in column V from

"$9", "$9", "$9", and "$9" to "$10", "$10", "$10", and "$10"

respectively.

1974 - Subsec. (b)(1). Pub. L. 93-508, Sec. 104(2), increased

monthly training assistance allowance of eligible veterans in

column II from "$160, $120, $80, and $40" to "$189, $142, $95, and

$47"; in column III from "$179, $139, $99, and $59" to "$212, $164,

$117, and $70"; in column IV from "$196, $156, $116, and $76" to

"$232, $184, $137, and $90"; and in column V from "$8, $8, $8, and

$8" to "$9, $9, $9, and $9" respectively.

Subsec. (b)(2). Pub. L. 93-508, Sec. 104(3), substituted

"computed at the rate prescribed in paragraph (1) of this

subsection for an eligible veteran with no dependents pursuing such

a course" for "(A) $160 during the first six-month period, (B) $120

during the second six-month period, (C) $80 during the third

six-month period, and (D) $40 during the fourth and any succeeding

six-month period".

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-103 effective Jan. 1, 2002, and

applicable with respect to educational assistance allowances

payable under chapter 35 of this title and subsec. (b)(2) of this

section for months beginning on or after that date, see section

102(e) of Pub. L. 107-103, set out as a note under section 3532 of

this title.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by section 111(d) of Pub. L. 106-419 effective Nov. 1,

2000, and applicable with respect to educational assistance

allowances paid under chapter 35 of title 38 for months after

October 2000, see section 111(e) of Pub. L. 106-419, set out as a

note under section 3532 of this title.

Subsec. (d) of this section effective Oct. 1, 2001, see section

111(f)(3) of Pub. L. 106-419, set out as an Effective Date note

under section 3564 of this title.

EFFECTIVE DATE OF 1998 AMENDMENTS

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, see section 9016 of Pub. L.

105-206, set out as a note under section 101 of Title 23, Highways.

Amendment by Pub. L. 105-178 effective Oct. 1, 1998, and

applicable with respect to educational assistance allowances paid

for months after September 1998, see section 8210(e) of Pub. L.

105-178, set out as a note under section 3532 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-237 effective Jan. 1, 1990, see section

403(c) of Pub. L. 101-237, set out as a note under section 3532 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-543 effective Oct. 1, 1984, see section

205 of Pub. L. 98-543, set out as a note under section 3108 of this

title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by sections 203(3) and 213(3) of Pub. L. 96-466

effective Oct. 1, 1980, and Jan. 1, 1981, respectively, see section

802(b) of Pub. L. 96-466, set out as a note under section 3482 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-202 effective retroactively to Oct. 1,

1977, see section 501 of Pub. L. 95-202, set out as a note under

section 101 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 1, 1976, see section

703(a) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-602 effective Jan. 1, 1975, see section

206 of Pub. L. 93-602, set out as a note under section 3482 of this

title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-508 effective Sept. 1, 1974, see section

501 of Pub. L. 93-508, set out as a note under section 3482 of this

title.

EFFECTIVE DATE

Section effective Oct. 1, 1972, except for those veterans and

eligible persons in training on Oct. 24, 1972, see section 601(a)

of Pub. L. 92-540, set out as an Effective Date of 1972 Amendment

note under section 3482 of this title.

TERMINATION OF ELIGIBILITY PERIOD

Termination of eligibility period for a wife or widow, or an

eligible person eight years from Oct. 24, 1972, see section 604 of

Pub. L. 92-540.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3002, 3034, 3116, 3202,

3241, 3482, 3484, 3534, 3672, 4102A of this title; title 10 section

16136; title 29 section 2913.

-End-

-CITE-

38 USC Sec. 3688 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3688. Measurement of courses

-STATUTE-

(a) For the purposes of this chapter and chapters 34 and 35 of

this title -

(1) an institutional trade or technical course offered on a

clock-hour basis, not leading to a standard college degree,

involving shop practice as an integral part thereof, shall be

considered a full-time course when a minimum of 22 hours per week

of attendance (excluding supervised study) is required, with no

more than 2 1/2 hours of rest periods per week allowed;

(2) an institutional course offered on a clock-hour basis, not

leading to a standard college degree, in which theoretical or

classroom instruction predominates shall be considered a

full-time course when a minimum of 18 hours per week net of

instruction (excluding supervised study but which may include

customary intervals not to exceed 10 minutes between hours of

instruction) is required;

(3) an academic high school course requiring sixteen units for

a full course shall be considered a full-time course when (A) a

minimum of four units per year is required or (B) an individual

is pursuing a program of education leading to an accredited high

school diploma at a rate which, if continued, would result in

receipt of such a diploma in four ordinary school years. For the

purpose of subclause (A) of this clause, a unit is defined to be

not less than one hundred and twenty sixty-minute hours or their

equivalent of study in any subject in one academic year;

(4) an institutional undergraduate course offered by a college

or university on a standard quarter- or semester-hour basis,

other than a course pursued as part of a program of education

beyond the baccalaureate level, shall be considered a full-time

course when a minimum of fourteen semester hours per semester or

the equivalent thereof (including such hours for which no credit

is granted but which are required to be taken to correct an

educational deficiency and which the educational institution

considers to be quarter or semester hours for other

administrative purposes), for which credit is granted toward a

standard college degree, is required, except that where such

college or university certifies, upon the request of the

Secretary, that (A) full-time tuition is charged to all

undergraduate students carrying a minimum of less than fourteen

such semester hours or the equivalent thereof, or (B) all

undergraduate students carrying a minimum of less than fourteen

such semester hours or the equivalent thereof, are considered to

be pursuing a full-time course for other administrative purposes,

then such an institutional undergraduate course offered by such

college or university with such minimum number of such semester

hours shall be considered a full-time course, but in the event

such minimum number of semester hours is less than twelve

semester hours or the equivalent thereof, then twelve semester

hours or the equivalent thereof shall be considered a full-time

course;

(5) a program of apprenticeship or a program of other on-job

training shall be considered a full-time program when the

eligible veteran or person is required to work the number of

hours constituting the standard workweek of the training

establishment, but a workweek of less than thirty hours shall not

be considered to constitute full-time training unless a lesser

number of hours has been established as the standard workweek for

the particular establishment through bona fide collective

bargaining;

(6) an institutional course offered as part of a program of

education, not leading to a standard college degree, under

section 3034(a)(3), 3241(a)(2), or 3533(a) of this title shall be

considered a full-time course on the basis of measurement

criteria provided in clause (2), (3), or (4) of this subsection

as determined by the educational institution; and

(7) an institutional course not leading to a standard college

degree offered by an educational institution on a standard

quarter- or semester-hour basis shall be measured as full time on

the same basis as provided in paragraph (4) of this subsection,

but if the educational institution offering the course is not an

institution of higher learning, then in no event shall such

course be considered full time when it requires less than the

minimum weekly hours of attendance required for full time by

paragraph (1) or (2) of this subsection, as appropriate.

(b) The Secretary shall define part-time training in the case of

the types of courses referred to in subsection (a), and shall

define full-time and part-time training in the case of all other

types of courses pursued under this chapter, chapter 30, 32, or 35

of this title, or chapter 106 of title 10.

-SOURCE-

(Added Pub. L. 92-540, title III, Sec. 316(2), Oct. 24, 1972, 86

Stat. 1086, Sec. 1788; amended Pub. L. 93-508, title II, Sec. 211,

Dec. 3, 1974, 88 Stat. 1585; Pub. L. 94-502, title V, Sec. 509(a),

Oct. 15, 1976, 90 Stat. 2400; Pub. L. 95-202, title III, Sec.

304(a)(3), Nov. 23, 1977, 91 Stat. 1442; Pub. L. 96-466, title III,

Sec. 345, title VI, Sec. 601(f), Oct. 17, 1980, 94 Stat. 2199,

2208; Pub. L. 97-295, Sec. 4(58), Oct. 12, 1982, 96 Stat. 1309;

Pub. L. 99-576, title III, Sec. 315(a)(2), (b), Oct. 28, 1986, 100

Stat. 3274; Pub. L. 100-322, title III, Sec. 321(a), May 20, 1988,

102 Stat. 535; Pub. L. 101-237, title IV, Secs. 413(a), 417,

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2085, 2086, 2092; renumbered

Sec. 3688 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406; Pub. L. 102-568, title III, Sec. 316(a), Oct.

29, 1992, 106 Stat. 4333; Pub. L. 103-446, title VI, Sec. 607,

title XII, Sec. 1201(e)(12), Nov. 2, 1994, 108 Stat. 4672, 4685.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in former section 1684, as added by Pub. L. 89-358, Sec.

2, Mar. 3, 1966, 80 Stat. 18, Sec. 1683; renumbered Pub. L. 90-77,

title III, Sec. 304(a), Aug. 31, 1967, 81 Stat. 186; amended Pub.

L. 91-219, title II, Sec. 206(a), Mar. 26, 1970, 84 Stat. 81; Pub.

L. 91-584, Secs. 8, 11, Dec. 24, 1970, 84 Stat. 1577; and former

section 1733, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1198; Pub. L.

91-219, title II, Sec. 206(b), Mar. 26, 1970, 84 Stat. 82; Pub. L.

91-584, Sec. 12, Dec. 24, 1970, 84 Stat. 1577, prior to the general

revision by Pub. L. 92-540.

AMENDMENTS

1994 - Subsec. (a)(6). Pub. L. 103-446, Sec. 1201(e)(12),

inserted comma after "3241(a)(2)".

Subsec. (b). Pub. L. 103-446, Sec. 607, substituted "this

chapter," for "this chapter or" and inserted ", or chapter 106 of

title 10" after "this title".

1992 - Subsec. (a). Pub. L. 102-568, Sec. 316(a)(1)(E), struck

out concluding provisions which read as follows: "Notwithstanding

the provisions of clause (1) or (2) of this subsection, an

educational institution offering courses not leading to a standard

college degree may measure such courses on a quarter- or

semester-hour basis (with full time measured on the same basis as

provided by clause (4) of this subsection); but (A) the academic

portions of such courses must require outside preparation and be

measured on not less than one quarter or one semester hour for each

fifty minutes net of instruction per week or quarter or semester;

(B) the laboratory portions of such courses must be measured on not

less than one quarter or one semester hour for each two hours (or

two 50-minute periods) of attendance per week per quarter or

semester; and (C) the shop portions of such courses must be

measured on not less than one quarter or one semester hour for each

three hours (or three 50-minute periods) of attendance per week per

quarter or semester. In no event shall such course be considered a

full-time course when less than twenty-two hours per week of

attendance is required."

Subsec. (a)(1). Pub. L. 102-568, Sec. 316(a)(1)(A), substituted

"22 hours per week of attendance (excluding supervised study) is

required, with no more than 2 1/2 hours of rest periods per week

allowed" for "thirty hours per week of attendance is required with

no more than two and one-half hours of rest periods and not more

than 5 hours of supervised study per week allowed, but if such

course is approved pursuant to section 3675(a)(1) of this title,

then 22 hours per week of attendance, with no more than 2 1/2

hours of rest period per week allowed and excluding supervised

study, shall be considered full time".

Subsec. (a)(2). Pub. L. 102-568, Sec. 316(a)(1)(B), substituted

"18 hours per week net of instruction (excluding supervised study

but which may include customary intervals not to exceed 10 minutes

between hours of instruction) is required" for "twenty-five hours

per week net of instruction and not more than 5 hours of supervised

study (which may include customary intervals not to exceed ten

minutes between hours of instruction) is required, but if such

course is approved pursuant to section 3675(a)(1) of this title,

then 18 hours per week net of instruction (excluding supervised

study), which may include customary intervals not to exceed ten

minutes between hours of instruction, shall be considered full

time".

Subsec. (a)(4). Pub. L. 102-568, Sec. 316(a)(1)(C), inserted ",

other than a course pursued as part of a program of education

beyond the baccalaureate level," after "semester-hour basis" and

struck out "in residence" after "by a college or university".

Subsec. (a)(6). Pub. L. 102-568, Sec. 316(a)(1)(D), substituted

"3034(a)(3), 3241(a)(2) or 3533(a)" for "3491(a)(2)".

Subsec. (a)(7). Pub. L. 102-568, Sec. 316(a)(1)(E), added par.

(7) and struck out former par. (7) which read as follows: "an

institutional course not leading to a standard college degree,

offered by a fully accredited institution of higher learning in

residence on a standard quarter- or semester-hour basis, shall be

measured as full time on the same basis as provided in clause (4)

of this subsection if (A) such course is approved pursuant to

section 3675 of this title, and (B) a majority of the total credits

required for the course is derived from unit courses or subjects

offered by the institution as part of a course, so approved,

leading to a standard college degree."

Subsec. (b). Pub. L. 102-568, Sec. 316(a)(2), substituted "30,

32," for "34".

Subsecs. (c) to (e). Pub. L. 102-568, Sec. 316(a)(3), struck out

subsec. (c) which defined "in residence on a standard quarter- or

semester-hour basis" for purposes of subsec. (a), subsec. (d) which

specified which institutional undergraduate courses were to be

considered full-time courses, and subsec. (e) which provided method

for determining clock hours of enrollment.

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1788 of this

title as this section.

Subsec. (a)(1), (2), (6), (7). Pub. L. 102-83, Sec. 5(c)(1),

substituted "3675(a)(1)" for "1775(a)(1)" in pars. (1) and (2),

"3491(a)(2)" for "1691(a)(2)" in par. (6), and "3675" for "1775" in

par. (7).

1989 - Subsec. (a). Pub. L. 101-237, Sec. 413(a)(1), inserted

"(or three 50-minute periods)" after "three hours" in cl. (C) of

penultimate sentence.

Subsecs. (a)(4), (b). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator".

Subsec. (c). Pub. L. 101-237, Sec. 413(a)(2), inserted "(or three

50-minute periods)" after "three hours" in last sentence.

Subsec. (e). Pub. L. 101-237, Sec. 417, amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: "For

the purpose of determining whether a course -

"(1) which is offered by an institution of higher learning, and

"(2) for which such institution requires one or more unit

courses or subjects for which credit is granted toward a standard

college degree

will, during the semester (or quarter or other applicable portion

of the academic year) when such unit course or subject is being

pursued, be considered full time under clause (1) or (2) of

subsection (a) of this section, each of the numbers of hours

specified in such clause shall be deemed to be reduced, during such

semester (or other portion of the academic year), by the percentage

described in the following sentence and rounded as the

Administrator may prescribe. Such percentage is the percentage that

the number of semester hours (or the equivalent thereof)

represented by such unit course or subject is of the number of

semester hours (or the equivalent thereof) which, under clause (4)

of such subsection, constitutes a full-time institutional

undergraduate course at such institution."

1988 - Subsec. (a). Pub. L. 100-322, Sec. 321(a)(1), inserted

"(or two 50-minute periods)" after "two hours" in cl. (B) of

penultimate sentence.

Subsec. (c). Pub. L. 100-322, Sec. 321(a)(2), inserted "(or two

50-minute periods)" after "two hours".

1986 - Subsec. (a)(7). Pub. L. 99-576, Sec. 315(a)(2)(A), added

par. (7).

Subsec. (c). Pub. L. 99-576, Sec. 315(a)(2)(B), struck out "(4)"

after "(a)".

Subsec. (e). Pub. L. 99-576, Sec. 315(b), added subsec. (e).

1982 - Subsec. (a)(6). Pub. L. 97-295 inserted "of this

subsection" after "or (4)".

1980 - Subsec. (a)(1), (2). Pub. L. 96-466, Sec. 345(a)(1),

substituted "section 1775(a)(1) of this title" for "section 1775 of

this title".

Subsec. (a)(4). Pub. L. 96-466, Sec. 345(a)(2), (3), substituted

"in residence on a standard quarter- or semester-hour basis" for

"on a quarter- or semester-hour basis", and inserted "per semester"

after "minimum of fourteen semester hours".

Subsec. (a)(6). Pub. L. 96-466, Sec. 601(f), substituted "under

section 1691(a)(2) of this title" for "under section 1691(a)(2) or

1696(a)(2) of this title".

Subsecs. (c), (d). Pub. L. 96-466, Sec. 345(b), added subsecs.

(c) and (d).

1977 - Subsec. (a)(1). Pub. L. 95-202, Sec. 304(a)(3)(A), (B),

substituted "two and one-half hours of rest periods and not more

than 5 hours of supervised study per week allowed, but if such

course is approved pursuant to section 1775 of this title, then 22

hours per week of attendance" for "two and one-half hours of rest

periods per week allowed, but if such course is approved pursuant

to section 1775 of this title, then 27 hours per week of

attendance".

Subsec. (a)(2). Pub. L. 95-202, Sec. 304(a)(3)(C), (D),

substituted "minimum of twenty-five hours per week net of

instruction and not more than 5 hours of supervised study" for

"minimum of twenty-five hours per week net of instruction" and "18

hours per week" for "22 hours per week".

1976 - Subsec. (a)(1). Pub. L. 94-502, Sec. 509(a)(1), provided

that, if a course was approved pursuant to section 1775 of this

title, then 27 hours of attendance per week with no more than 2 1/2

hours of rest period per week would be considered full time.

Subsec. (a)(2). Pub. L. 94-502, Sec. 509(a)(2), provided that, if

a course was approved pursuant to section 1775 of this title, then

22 hours of instruction per week with a ten minute interval between

hours would be considered full time.

1974 - Subsec. (a). Pub. L. 93-508 in cl. (1) substituted "basis,

not leading to a standard college degree involving" for "basis

below the college level involving"; in cl. (2) substituted "basis,

not leading to a standard college degree, in which" for "basis

below the college level in which"; in cl. (6) substituted "not

leading to a standard college degree" for "below the college

level"; and following cl. (6), inserted provisions that

notwithstanding cls. (1) and (2) of this subsection, an educational

institution offering courses not leading to a standard college

degree may measure such courses on a quarter- or semester-hour

basis with special requirements for the academic, laboratory, and

shop portions of such courses, and that in no event such course be

considered a full-time course unless twenty-two hours per week of

attendance is required.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-568 applicable to enrollments in courses

beginning on or after July 1, 1993, see section 316(c) of Pub. L.

102-568, set out as a note under section 3532 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 321(b) of Pub. L. 100-322 provided that: "The amendments

made by subsection (a) [amending this section] shall apply to any

enrollment or reenrollment commencing on or after the date of

enactment of this Act [May 20, 1988]."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by section 345 of Pub. L. 96-466 effective Oct. 1,

1980, except as otherwise specifically provided, see section 802(c)

of Pub. L. 96-466, set out as a note under section 3452 of this

title.

Amendment by section 601(f) of Pub. L. 96-466 effective Oct. 1,

1980, except as otherwise specifically provided, see section 802(f)

of Pub. L. 96-466, set out as an Effective Date note under section

5314 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-202 effective first day of first month

beginning 60 days after Nov. 23, 1977, see section 501 of Pub. L.

95-202, set out as a note under section 101 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Dec. 1, 1976, see section

703(c) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section

503 of Pub. L. 93-508, set out as a note under section 3452 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3482 of this title.

-End-

-CITE-

38 USC Sec. 3689 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3689. Approval requirements for licensing and certification

testing

-STATUTE-

(a) In General. - (1) No payment may be made for a licensing or

certification test described in section 3452(b) or 3501(a)(5) of

this title unless the Secretary determines that the requirements of

this section have been met with respect to such test and the

organization or entity offering the test. The requirements of

approval for tests and organizations or entities offering tests

shall be in accordance with the provisions of this chapter and

chapters 30, 32, 34, and 35 of this title and with regulations

prescribed by the Secretary to carry out this section.

(2) To the extent that the Secretary determines practicable,

State approving agencies may, in lieu of the Secretary, approve

licensing and certification tests, and organizations and entities

offering such tests, under this section.

(b) Requirements for Tests. - (1) Subject to paragraph (2), a

licensing or certification test is approved for purposes of this

section only if -

(A) the test is required under Federal, State, or local law or

regulation for an individual to enter into, maintain, or advance

in employment in a predetermined and identified vocation or

profession; or

(B) the Secretary determines that the test is generally

accepted, in accordance with relevant government, business, or

industry standards, employment policies, or hiring practices, as

attesting to a level of knowledge or skill required to qualify to

enter into, maintain, or advance in employment in a predetermined

and identified vocation or profession.

(2) A licensing or certification test offered by a State, or a

political subdivision of a State, is deemed approved by the

Secretary for purposes of this section.

(c) Requirements for Organizations or Entities Offering Tests. -

(1) Each organization or entity that is not an entity of the United

States, a State, or political subdivision of a State, that offers a

licensing or certification test for which payment may be made under

chapter 30, 32, 34, or 35 of this title and that meets the

following requirements, shall be approved by the Secretary to offer

such test:

(A) The organization or entity certifies to the Secretary that

the licensing or certification test offered by the organization

or entity is generally accepted, in accordance with relevant

government, business, or industry standards, employment policies,

or hiring practices, as attesting to a level of knowledge or

skill required to qualify to enter into, maintain, or advance in

employment in a predetermined and identified vocation or

profession.

(B) The organization or entity is licensed, chartered, or

incorporated in a State and has offered such test, or a test to

certify or license in a similar or related occupation, for a

minimum of two years before the date on which the organization or

entity first submits to the Secretary an application for approval

under this section.

(C) The organization or entity employs, or consults with,

individuals with expertise or substantial experience with respect

to all areas of knowledge or skill that are measured by the test

and that are required for the license or certificate issued.

(D) The organization or entity has no direct financial interest

in -

(i) the outcome of the test; or

(ii) organizations that provide the education or training of

candidates for licenses or certificates required for vocations

or professions.

(E) The organization or entity maintains appropriate records

with respect to all candidates who take the test for a period

prescribed by the Secretary, but in no case for a period of less

than three years.

(F)(i) The organization or entity promptly issues notice of the

results of the test to the candidate for the license or

certificate.

(ii) The organization or entity has in place a process to

review complaints submitted against the organization or entity

with respect to the test or the process for obtaining a license

or certificate required for vocations or professions.

(G) The organization or entity furnishes to the Secretary such

information with respect to the test as the Secretary requires to

determine whether payment may be made for the test under chapter

30, 32, 34, or 35 of this title, including personal identifying

information, fee payment, and test results. Such information

shall be furnished in the form prescribed by the Secretary.

(H) The organization or entity furnishes to the Secretary the

following information:

(i) A description of the licensing or certification test

offered by the organization or entity, including the purpose of

the test, the vocational, professional, governmental, and other

entities that recognize the test, and the license or

certificate issued upon successful completion of the test.

(ii) The requirements to take the test, including the amount

of the fee charged for the test and any prerequisite education,

training, skills, or other certification.

(iii) The period for which the license or certificate awarded

upon successful completion of the test is valid, and the

requirements for maintaining or renewing the license or

certificate.

(I) Upon request of the Secretary, the organization or entity

furnishes such information to the Secretary that the Secretary

determines necessary to perform an assessment of -

(i) the test conducted by the organization or entity as

compared to the level of knowledge or skills that a license or

certificate attests; and

(ii) the applicability of the test over such periods of time

as the Secretary determines appropriate.

(2) With respect to each organization or entity that is an entity

of the United States, a State, or political subdivision of a State,

that offers a licensing or certification test for which payment may

be made under chapters 30, 32, 34, or 35 of this title, the

following provisions of paragraph (1) shall apply to the entity:

subparagraphs (E), (F), (G), and (H).

(d) Administration. - Except as otherwise specifically provided

in this section or chapter 30, 32, 34, or 35 of this title, in

implementing this section and making payment under any such chapter

for a licensing or certification test, the test is deemed to be a

"course" and the organization or entity that offers such test is

deemed to be an "institution" or "educational institution",

respectively, as those terms are applied under and for purposes of

sections 3671, 3673, 3674, 3678, 3679, 3681, 3682, 3683, 3685,

3690, and 3696 of this title.

(e) Professional Certification and Licensure Advisory Committee.

- (1) There is established within the Department a committee to be

known as the Professional Certification and Licensure Advisory

Committee (hereinafter in this section referred to as the

"Committee").

(2) The Committee shall advise the Secretary with respect to the

requirements of organizations or entities offering licensing and

certification tests to individuals for which payment for such tests

may be made under chapter 30, 32, 34, or 35 of this title, and such

other related issues as the Committee determines to be appropriate.

(3)(A) The Secretary shall appoint seven individuals with

expertise in matters relating to licensing and certification tests

to serve as members of the Committee.

(B) The Secretary of Labor and the Secretary of Defense shall

serve as ex officio members of the Committee.

(C) A vacancy in the Committee shall be filled in the manner in

which the original appointment was made.

(4)(A) The Secretary shall appoint the chairman of the Committee.

(B) The Committee shall meet at the call of the chairman.

(5) The Committee shall terminate December 31, 2006.

-SOURCE-

(Added Pub. L. 106-419, title I, Sec. 122(c)(1), Nov. 1, 2000, 114

Stat. 1835; amended Pub. L. 107-330, title III, Sec. 308(d), Dec.

6, 2002, 116 Stat. 2828.)

-MISC1-

PRIOR PROVISIONS

A prior section 3689, added Pub. L. 92-540, title III, Sec.

316(2), Oct. 24, 1972, 86 Stat. 1087, Sec. 1789; amended Pub. L.

94-502, title V, Sec. 509(b), Oct. 15, 1976, 90 Stat. 2401; Pub. L.

95-202, title III, Sec. 305(a)(1), Nov. 23, 1977, 91 Stat. 1442;

Pub. L. 96-466, title VI, Sec. 601(g), Oct. 17, 1980, 94 Stat.

2208; Pub. L. 101-237, title IV, Secs. 418, 423(b)(1)(A), Dec. 18,

1989, 103 Stat. 2087, 2092; renumbered Sec. 3689, Pub. L. 102-83,

Sec. 5(a), Aug. 6, 1991, 105 Stat. 406, related to approval of

enrollment in courses in operation for less than two years, prior

to repeal by Pub. L. 104-275, title I, Sec. 103(a)(1)(A), Oct. 9,

1996, 110 Stat. 3326.

AMENDMENTS

2002 - Subsec. (c)(1)(B). Pub. L. 107-330 substituted "such test,

or a test to certify or license in a similar or related

occupation," for "the test".

EFFECTIVE DATE

Section effective Mar. 1, 2001, and applicable with respect to

licensing and certification tests approved by the Secretary of

Veterans Affairs on or after such date, see section 122(d) of Pub.

L. 106-419, set out as an Effective Date of 2000 Amendment note

under section 3032 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3452, 3501 of this title.

-End-

-CITE-

38 USC Sec. 3690 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3690. Overcharges by educational institutions; discontinuance

of allowances; examination of records; false or misleading

statements

-STATUTE-

-HEAD-

OVERCHARGES BY EDUCATIONAL INSTITUTIONS

(a) If the Secretary finds that an educational institution has -

(1) charged or received from any eligible veteran or eligible

person pursuing a program of education under this chapter or

chapter 34 or 35 of this title any amount for any course in

excess of the charges for tuition and fees which such institution

requires similarly circumstanced nonveterans not receiving

assistance under such chapters who are enrolled in the same

course to pay, or

(2) instituted, after October 24, 1972, a policy or practice

with respect to the payment of tuition, fees, or other charges in

the case of eligible veterans and the Secretary finds that the

effect of such policy or practice substantially denies to

veterans the benefits of the advance allowances under such

section,

the Secretary may disapprove such educational institution for the

enrollment of any eligible veteran or eligible person not already

enrolled therein under this chapter or chapter 31, 34, or 35 of

this title.

DISCONTINUANCE OF ALLOWANCES

(b)(1) The Secretary may discontinue the educational assistance

allowance of any eligible veteran or eligible person if the

Secretary finds that the program of education or any course in

which the veteran or person is enrolled fails to meet any of the

requirements of this chapter or chapter 34 or 35 of this title, or

if the Secretary finds that the educational institution offering

such program or course has violated any provision of this chapter

or chapter 34 or 35 of this title, or fails to meet any of the

requirements of such chapters.

(2) Except as provided in paragraph (3) of this subsection, any

action by the Secretary under paragraph (1) of this subsection to

discontinue (including to suspend) assistance provided to any

eligible veteran or eligible person under this chapter or chapter

31, 32, 34, or 35 of this title shall be based upon evidence that

the veteran or eligible person is not or was not entitled to such

assistance. Whenever the Secretary so discontinues any such

assistance, the Secretary shall concurrently provide written notice

to such veteran or person of such discontinuance and that such

veteran or person is entitled thereafter to a statement of the

reasons for such action and an opportunity to be heard thereon.

(3)(A) The Secretary may suspend educational assistance to

eligible veterans and eligible persons already enrolled, and may

disapprove the enrollment or reenrollment of any eligible veteran

or eligible person, in any course as to which the Secretary has

evidence showing a substantial pattern of eligible veterans or

eligible persons, or both, who are receiving such assistance by

virtue of their enrollment in such course but who are not entitled

to such assistance because (i) the course approval requirements of

this chapter are not being met, or (ii) the educational institution

offering such course has violated one or more of the recordkeeping

or reporting requirements of this chapter or chapter 30, 32, 34, or

35 of this title.

(B) Action may be taken under subparagraph (A) of this paragraph

only after -

(i) the Secretary provides to the State approving agency

concerned and the educational institution concerned written

notice of any such failure to meet such approval requirements and

any such violation of such recordkeeping or reporting

requirements;

(ii) such institution refuses to take corrective action or does

not within 60 days after such notice (or within such longer

period as the Secretary determines is reasonable and appropriate)

take corrective action; and

(iii) the Secretary, not less than 30 days before taking action

under such subparagraph, provides to each eligible veteran and

eligible person already enrolled in such course written notice of

the Secretary's intent to take such action (and the reasons

therefor) unless such corrective action is taken within such 60

days (or within such longer period as the Secretary has

determined is reasonable and appropriate), and of the date on

which the Secretary intends to take action under such

subparagraph.

EXAMINATION OF RECORDS

(c) Notwithstanding any other provision of law, the records and

accounts of educational institutions pertaining to eligible

veterans or eligible persons who received educational assistance

under this chapter or chapter 31, 32, 34, or 35 of this title, as

well as the records of other students which the Secretary

determines necessary to ascertain institutional compliance with the

requirements of such chapters, shall be available for examination

by duly authorized representatives of the Government.

FALSE OR MISLEADING STATEMENTS

(d) Whenever the Secretary finds that an educational institution

has willfully submitted a false or misleading claim, or that a

veteran or person, with the complicity of an educational

institution, has submitted such a claim, the Secretary shall make a

complete report of the facts of the case to the appropriate State

approving agency and, where deemed advisable, to the Attorney

General of the United States for appropriate action.

-SOURCE-

(Added Pub. L. 92-540, title III, Sec. 316(2), Oct. 24, 1972, 86

Stat. 1088, Sec. 1790; amended Pub. L. 94-502, title V, Secs. 510,

513(a)(19), Oct. 15, 1976, 90 Stat. 2401, 2403; Pub. L. 95-202,

title III, Sec. 306, Nov. 23, 1977, 91 Stat. 1445; Pub. L. 96-466,

title VIII, Sec. 801(f), Oct. 17, 1980, 94 Stat. 2216; Pub. L.

97-295, Sec. 4(59), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 97-306,

title II, Sec. 207, Oct. 14, 1982, 96 Stat. 1435; Pub. L. 101-237,

title IV, Sec. 423(a)(9), (b)(1)(A), (2), Dec. 18, 1989, 103 Stat.

2092; renumbered Sec. 3690, Pub. L. 102-83, Sec. 5(a), Aug. 6,

1991, 105 Stat. 406; Pub. L. 102-86, title V, Sec. 506(b)(1), Aug.

14, 1991, 105 Stat. 426.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising subsec. (a) were contained

in former section 1685, as added by Pub. L. 89-358, Sec. 2, Mar. 3,

1966, 80 Stat. 19, Sec. 1684; renumbered Pub. L. 90-77, title III,

Sec. 304(a), Aug. 31, 1967, 81 Stat. 186, and former section 1734,

Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1199; Pub. L. 89-358, Sec.

4(m), Mar. 3, 1966, 80 Stat. 25; provisions similar to those

comprising subsec. (b) were contained in former section 1687, as

added by Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 19, Sec.

1686; renumbered Pub. L. 90-77, title III, Sec. 304(a), Aug. 31,

1967, 81 Stat. 186; and former section 1736, Pub. L. 85-857, Sept.

2, 1958, 72 Stat. 1199; Pub. L. 88-126, Sec. 2, Sept. 23, 1963, 77

Stat. 162; Pub. L. 89-358, Sec. 4(o), Mar. 3, 1966, 80 Stat. 25;

provisions similar to those comprising subsec. (c) were contained

in former section 1786, as added by Pub. L. 89-358, Sec. 3(b), Mar.

3, 1966, 80 Stat. 23; and provisions similar to those comprising

subsec. (d) were contained in former section 1787, as added by Pub.

L. 89-358, Sec. 3(b), Mar. 3, 1966, 80 Stat. 23; prior to the

general revision by Pub. L. 92-540.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1790 of this title as

this section.

Subsec. (b). Pub. L. 102-86 made technical amendment to directory

language of Pub. L. 101-237, Sec. 423(b)(2). See 1989 Amendment

note below.

1989 - Subsec. (a). Pub. L. 101-237, Sec. 423(a)(9)(A),

(b)(1)(A), substituted "Secretary" for "Administrator" wherever

appearing and struck out "and prepayment" after "advance" in par.

(2).

Subsec. (b). Pub. L. 101-237, Sec. 423(a)(9)(B), (C), (b)(1)(A),

substituted "Secretary" for "Administrator" wherever appearing,

inserted "30," before "32" in par. (3)(A), and in par. (3)(B)

substituted "(B)" for "(B)(i)" and redesignated subcls. (I), (II),

and (III) as cls. (i), (ii), and (iii), respectively.

Pub. L. 101-237, Sec. 423(b)(2), as amended by Pub. L. 102-86,

substituted "Secretary's" for "Administrator's" in par.

(3)(B)(iii).

Subsecs. (c), (d). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator" wherever appearing.

1982 - Subsec. (a). Pub. L. 97-295, Sec. 4(59)(A), substituted

"after October 24, 1972" for "after the effective date of section

1780 of this title" in par. (2), and struck out the comma after "or

35" in provisions following par. (2).

Subsec. (b)(1). Pub. L. 97-295, Sec. 4(59)(B), inserted "of this

title" after "provision of this chapter or chapter 34 or 35".

Subsec. (b)(2). Pub. L. 97-306, Sec. 207(1), substituted "Except

as provided in paragraph (3) of this subsection, any" for "Any".

Subsec. (b)(3). Pub. L. 97-306, Sec. 207(2), added par. (3).

1980 - Subsec. (b)(2). Pub. L. 96-466 substituted "for" for

"therefor".

1977 - Subsec. (b). Pub. L. 95-202 designated existing provisions

as par. (1) and added par. (2).

1976 - Subsec. (a). Pub. L. 94-502, Sec. 513(a)(19), substituted

"the Administrator may disapprove" for "he may disapprove".

Subsec. (b). Pub. L. 94-502, Sec. 513(a)(19), substituted "if the

Administrator finds" for "if he finds" in two places.

Subsec. (c). Pub. L. 94-502, Sec. 510, substituted "chapter 31,

32, 34, or 35" for "chapter 31, 34, or 35" and required the records

of other students which the Administrator determines necessary to

ascertain institutional compliance to be available for inspection.

Subsec. (d). Pub. L. 94-502, Sec. 513(a)(19), substituted "the

Administrator shall make" for "he shall make".

EFFECTIVE DATE OF 1991 AMENDMENT

Section 506(b)(1) of Pub. L. 102-86 provided that the amendment

made by that section is effective as of Dec. 18, 1989.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section

802(h) of Pub. L. 96-466, set out as a note under section 3452 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-202 effective Nov. 23, 1977, see section

501 of Pub. L. 95-202, set out as a note under section 101 of this

title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 15, 1976, see section

703(b) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3689 of this title.

-End-

-CITE-

38 USC Sec. 3691 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3691. Change of program

-STATUTE-

(a) Except as provided in subsections (b) and (c) of this

section, each eligible veteran and eligible person may make not

more than one change of program of education, but an eligible

veteran or eligible person whose program has been interrupted or

discontinued due to the veteran's or person's own misconduct, the

veteran's or person's own neglect, or the veteran's or person's own

lack of application shall not be entitled to any such change.

(b) The Secretary, in accordance with procedures that the

Secretary may establish, may approve a change other than a change

under subsection (a) of this section (or an initial change in the

case of a veteran or person not eligible to make a change under

subsection (a)) in program if the Secretary finds that -

(1) the program of education which the eligible veteran or

eligible person proposes to pursue is suitable to the veteran's

or person's aptitudes, interests, and abilities; and

(2) in any instance where the eligible veteran or eligible

person has interrupted, or failed to progress in, the veteran's

or person's program due to the veteran's or person's own

misconduct, the veteran's or person's own neglect, or the

veteran's or person's own lack of application, there exists a

reasonable likelihood with respect to the program which the

eligible veteran or eligible person proposes to pursue that there

will not be a recurrence of such an interruption or failure to

progress.

(c) The Secretary may also approve additional changes in program

if the Secretary finds such changes are necessitated by

circumstances beyond the control of the eligible veteran or

eligible person.

(d) For the purposes of this section, the term "change of program

of education" shall not be deemed to include a change by a veteran

or eligible person from the pursuit of one program to the pursuit

of another program if -

(1) the veteran or eligible person has successfully completed

the former program;

(2) the program leads to a vocational, educational, or

professional objective in the same general field as the former

program;

(3) the former program is a prerequisite to, or generally

required for, pursuit of the subsequent program; or

(4) in the case of a change from the pursuit of a subsequent

program to the pursuit of a former program, the veteran or

eligible person resumes pursuit of the former program without

loss of credit or standing in the former program.

-SOURCE-

(Added Pub. L. 92-540, title III, Sec. 316(2), Oct. 24, 1972, 86

Stat. 1089, Sec. 1791; amended Pub. L. 94-502, title V, Sec.

513(a)(20), Oct. 15, 1976, 90 Stat. 2403; Pub. L. 101-237, title

IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L.

101-366, title II, Sec. 208(a), Aug. 15, 1990, 104 Stat. 443;

renumbered Sec. 3691, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105

Stat. 406; Pub. L. 102-568, title III, Sec. 317, Oct. 29, 1992, 106

Stat. 4334.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in former section 1672, as added by Pub. L. 89-358, Sec.

2, Mar. 3, 1966, 80 Stat. 15; and former section 1722, Pub. L.

85-857, Sept. 2, 1958, 72 Stat. 1196, prior to repeal by sections

401(6) and 402(2) of Pub. L. 92-540, respectively.

AMENDMENTS

1992 - Subsec. (d). Pub. L. 102-568 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "As

used in this section the term 'change of program of education'

shall not be deemed to include a change from the pursuit of one

program to pursuit of another where the first program is

prerequisite to, or generally required for, entrance into pursuit

of the second."

1991 - Pub. L. 102-83 renumbered section 1791 of this title as

this section.

1990 - Subsec. (b). Pub. L. 101-366 substituted "The Secretary,

in accordance with procedures that the Secretary may establish, may

approve a change other than a change under subsection (a) of this

section" for "The Secretary may approve one additional change".

1989 - Subsecs. (b), (c). Pub. L. 101-237 substituted "Secretary"

for "Administrator" wherever appearing.

1976 - Subsec. (a). Pub. L. 94-502 substituted "the veteran's or

person's" for "his" in three places.

Subsec. (b). Pub. L. 94-502 substituted "if the Administrator

finds" for "if he finds" and "the veteran's or person's" for "his"

wherever appearing.

Subsec. (c). Pub. L. 94-502 substituted "if the Administrator

finds" for "if he finds".

EFFECTIVE DATE OF 1990 AMENDMENT

Section 208(b) of Pub. L. 101-366 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

June 1, 1991."

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 15, 1976, see section

703(b) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3474, 3524 of this title.

-End-

-CITE-

38 USC Sec. 3692 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3692. Advisory committee

-STATUTE-

(a) There shall be a Veterans' Advisory Committee on Education

formed by the Secretary which shall be composed of persons who are

eminent in their respective fields of education, labor, and

management and of representatives of institutions and

establishments furnishing education to eligible veterans or persons

enrolled under chapter 30, 32, or 35 of this title and chapter 106

of title 10. The committee shall also include veterans

representative of World War II, the Korean conflict era, the

post-Korean conflict era, the Vietnam era, the post-Vietnam era,

and the Persian Gulf War. The Assistant Secretary of Education for

Postsecondary Education (or such other comparable official of the

Department of Education as the Secretary of Education may

designate) and the Assistant Secretary of Labor for Veterans'

Employment and Training shall be ex officio members of the advisory

committee.

(b) The Secretary shall consult with and seek the advice of the

committee from time to time with respect to the administration of

this chapter, chapter (!1) 30, 32, and 35 of this title, and

chapter 106 of title 10. The committee may make such reports and

recommendations as it considers desirable to the Secretary and the

Congress.

(c) The committee shall remain in existence until December 31,

2003.

-SOURCE-

(Added Pub. L. 89-358, Sec. 3(b), Mar. 3, 1966, 80 Stat. 23, Sec.

1788; renumbered Sec. 1792 and amended Pub. L. 92-540, title III,

Sec. 316(2), (3), Oct. 24, 1972, 86 Stat. 1086, 1089; Pub. L.

96-466, title III, Sec. 346, Oct. 17, 1980, 94 Stat. 2200; Pub. L.

99-576, title III, Sec. 304, Oct. 28, 1986, 100 Stat. 3269; Pub. L.

100-689, title I, Sec. 123, Nov. 18, 1988, 102 Stat. 4174; Pub. L.

101-237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat.

2092; Pub. L. 102-25, title III, Sec. 338, Apr. 6, 1991, 105 Stat.

91; Pub. L. 102-54, Sec. 14(c)(7), June 13, 1991, 105 Stat. 285;

renumbered Sec. 3692, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105

Stat. 406; Pub. L. 103-210, Sec. 2(d), Dec. 20, 1993, 107 Stat.

2497; Pub. L. 103-446, title VI, Sec. 608, Nov. 2, 1994, 108 Stat.

4672.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1190, which

was classified to former section 1662 of this title, prior to

repeal by section 4(a) of Pub. L. 89-358.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-446, Sec. 608(1), struck out

"34," after "chapter 30, 32," and inserted "and chapter 106 of

title 10" after "of this title".

Subsec. (b). Pub. L. 103-446, Sec. 608(2), substituted "this

chapter, chapter 30, 32, and 35 of this title, and chapter 106 of

title 10" for "this chapter and chapters 30, 32, 34, and 35 of this

title".

Subsec. (c). Pub. L. 103-446, Sec. 608(3), substituted "December

31, 2003" for "December 31, 1994".

1993 - Subsec. (c). Pub. L. 103-210 substituted "1994" for

"1993".

1991 - Pub. L. 102-83 renumbered section 1792 of this title as

this section.

Subsec. (a). Pub. L. 102-54 inserted "and Training" after

"Employment".

Pub. L. 102-25 substituted "the post-Vietnam era, and the Persian

Gulf War" for "and the post-Vietnam era".

1989 - Subsecs. (a), (b). Pub. L. 101-237 substituted "Secretary"

for "Administrator" wherever appearing.

1988 - Subsec. (c). Pub. L. 100-689 substituted "1993" for

"1989".

1986 - Subsec. (a). Pub. L. 99-576, Sec. 304(1), substituted "a

Veterans' Advisory Committee on Education" for "an advisory

committee", and inserted reference to chapter 30.

Subsec. (b). Pub. L. 99-576, Sec. 304(2), inserted reference to

chapter 30.

1980 - Pub. L. 96-466 designated existing provisions as subsecs.

(a) and (b), substituted reference to furnishing education to

eligible veterans or persons enrolled under chapter 32, 34, or 35

of this title for reference to furnishing vocational rehabilitation

under chapter 31 of this title or education to eligible persons or

veterans enrolled under chapter 34 or 35 of this title, reference

to the Assistant Secretary of Education for Postsecondary Education

or other comparable official and the Assistant Secretary of Labor

for Veterans' Employment, for reference to the Commissioner of

Education and the Administrator, Manpower Administration,

Department of Labor, and reference to seeking the advice of the

committee with respect to the administration of this chapter and

chapters 32, 34, and 35 of this title for reference to advising the

committee with respect to the administration of this chapter and

chapters 31, 34, and 35 of this title, and inserted provision that

the committee include veterans representative of the post-Vietnam

era, and added subsec. (c).

1972 - Pub. L. 92-540, Sec. 316(3), inserted provisions that the

Committee also include veterans representative of World War II, the

Korean conflict era, the post-Korean conflict era and the Vietnam

era.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as

otherwise specifically provided, see section 802(c) of Pub. L.

96-466, set out as a note under section 3452 of this title.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. See section 14

of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the

Appendix to Title 5, Government Organization and Employees.

COMMISSION TO ASSESS VETERANS' EDUCATION POLICY

Section 320 of Pub. L. 99-576, as amended by Pub. L. 100-323,

Sec. 14, May 20, 1988, 102 Stat. 574, provided for establishment of

a Commission on Veterans' Education Policy, provided for

appointment of members of Commission not later than Mar. 1, 1987,

directed Commission to submit a report, not later than 18 months

after at least 8 members had been appointed, to Committees on

Veterans' Affairs of Senate and House of Representatives,

containing the Commission's findings and recommendations on various

matters relating to veterans' education, directed Administrator of

Veterans Affairs to file interim and final reports, not later than

2 years after Commission's report, to those Committees responding

to Commission's report, and provided for termination of Commission

90 days after Administrator submitted final report.

STUDY OF EDUCATIONAL ASSISTANCE PROGRAMS FOR VETERANS, SURVIVORS,

AND DEPENDENTS; SUBMISSION TO CONGRESS AND PRESIDENT BY SEPTEMBER

30, 1979

Pub. L. 95-202, title III, Sec. 304(b), Nov. 23, 1977, 91 Stat.

1442, directed Administrator of Veterans' Affairs, in consultation

with Advisory Committee formed pursuant to this section, to conduct

a study respecting operation of programs of educational assistance

carried out under this chapter and chapter 34 of this title and

that a report concerning such study be submitted to Congress not

later than Sept. 30, 1979.

STUDY OF OPERATION OF POST-KOREAN CONFLICT PROGRAMS OF EDUCATIONAL

ASSISTANCE

Section 413 of Pub. L. 92-540 provided for a comparative study of

operation of post-Korean conflict program of educational assistance

with similar prior programs available to veterans of World War II

and Korean conflict, the results of such study and recommendations

for improvement to be transmitted to President and Congress within

six months of Oct. 24, 1972.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 306 of this title; title

10 section 16136.

-FOOTNOTE-

(!1) So in original. Probably should be "chapters".

-End-

-CITE-

38 USC Sec. 3693 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3693. Compliance surveys

-STATUTE-

(a) Except as provided in subsection (b) of this section, the

Secretary shall conduct an annual compliance survey of each

institution offering one or more courses approved for the

enrollment of eligible veterans or persons if at least 300 veterans

or persons are enrolled in such course or courses under provisions

of this title or if any such course does not lead to a standard

college degree. Such compliance survey shall be designed to ensure

that the institution and approved courses are in compliance with

all applicable provisions of chapters 30 through 36 of this title.

The Secretary shall assign at least one education compliance

specialist to work on compliance surveys in any year for each 40

compliance surveys required to be made under this section for such

year.

(b) The Secretary may waive the requirement in subsection (a) of

this section for an annual compliance survey with respect to an

institution if the Secretary determines, based on the institution's

demonstrated record of compliance with all the applicable

provisions of chapters 30 through 36 of this title, that the waiver

would be appropriate and in the best interest of the United States

Government.

-SOURCE-

(Added Pub. L. 94-502, title V, Sec. 511(1), Oct. 15, 1976, 90

Stat. 2401, Sec. 1793; amended Pub. L. 100-322, title III, Sec.

322, May 20, 1988, 102 Stat. 535; Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3693,

Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1793 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

1988 - Pub. L. 100-322 amended section generally. Prior to

amendment, section read as follows: "The Administrator shall

conduct an annual compliance survey of each institution offering

one or more courses approved for the enrollment of eligible

veterans or persons where at least 300 veterans or persons are

enrolled under provisions of this title or where the course does

not lead to a standard college degree. Such compliance survey shall

assure that the institution and approved courses are in compliance

with all applicable provisions of chapters 31, 34, 35, and 36 of

this title. The Administrator shall assign at least one education

compliance specialist to work on compliance surveys in any year for

each 40 compliance surveys required to be made under this section."

EFFECTIVE DATE

Section 703 of Pub. L. 94-502 provided that:

"(a) Sections 101, 201, 203, 207, 209, 301, 303, 304, 308, 501,

502, 503, and 508 [see Tables for classification] of this Act shall

become effective on October 1, 1976.

"(b) Sections 102, 104, 202, 204, 205(1), 205(2), 205(3), 208,

210, 211, 302, 305, 306, 309, 310, 506, 510, 511, and 513 (other

than paragraphs (7), (8), (9), and (10) of subsection (a)) [see

Tables for classification] of this Act shall become effective on

the date of enactment of this Act [Oct. 15, 1976].

"(c) Sections 103, 205(4), 206, 307, 504, 505, 507, 509, 512, and

701 and title VI of this Act [see Tables for classification] shall

become effective on December 1, 1976."

-End-

-CITE-

38 USC Sec. 3694 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3694. Use of other Federal agencies

-STATUTE-

In carrying out the Secretary's functions under this chapter or

chapter 34 or 35 of this title, the Secretary may utilize the

facilities and services of any other Federal department or agency.

Any such utilization shall be pursuant to proper agreement with the

Federal department or agency concerned; and payment to cover the

cost thereof shall be made either in advance or by way of

reimbursement, as may be provided in such agreement.

-SOURCE-

(Added Pub. L. 89-358, Sec. 3(b), Mar. 3, 1966, 80 Stat. 23, Sec.

1790; renumbered Sec. 1794, Pub. L. 92-540, title III, Sec. 316(2),

Oct. 24, 1972, 86 Stat. 1086; amended Pub. L. 94-502, title V, Sec.

513(a)(21), Oct. 15, 1976, 90 Stat. 2403; Pub. L. 101-237, title

IV, Sec. 423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092;

renumbered Sec. 3694, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105

Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1183, 1201,

which was classified to former sections 1644 and 1761(c) of this

title, prior to repeal and amendment by sections 4(a) and 3(a)(1)

of Pub. L. 89-358, respectively.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1794 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary's" and "Secretary"

for "Administrator's" and "Administrator", respectively.

1976 - Pub. L. 94-502 substituted "the Administrator's" for

"his".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 15, 1976, see section

703(b) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3696 of this title.

-End-

-CITE-

38 USC Sec. 3695 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3695. Limitation on period of assistance under two or more

programs

-STATUTE-

(a) The aggregate period for which any person may receive

assistance under two or more of the provisions of law listed below

may not exceed 48 months (or the part-time equivalent thereof):

(1) Parts VII or VIII, Veterans Regulation numbered 1(a), as

amended.

(2) Title II of the Veterans' Readjustment Assistance Act of

1952.

(3) The War Orphans' Educational Assistance Act of 1956.

(4) Chapters 30, 32, 34, 35, and 36 of this title, and the

former chapter 33.

(5) Chapters 107, 1606, and 1611 of title 10.

(6) Section 903 of the Department of Defense Authorization Act,

1981 (Public Law 96-342, 10 U.S.C. 2141 note).

(7) The Hostage Relief Act of 1980 (Public Law 96-449, 5 U.S.C.

5561 note).

(8) The Omnibus Diplomatic Security and Antiterrorism Act of

1986 (Public Law 99-399).

(b) No person may receive assistance under chapter 31 of this

title in combination with assistance under any of the provisions of

law cited in subsection (a) of this section in excess of 48 months

(or the part-time equivalent thereof) unless the Secretary

determines that additional months of benefits under chapter 31 of

this title are necessary to accomplish the purposes of a

rehabilitation program (as defined in section 3101(5) of this

title) in the individual case.

-SOURCE-

(Added Pub. L. 90-631, Sec. 1(d)(1), Oct. 23, 1968, 82 Stat. 1331,

Sec. 1791; renumbered Sec. 1795 and amended Pub. L. 92-540, title

III, Sec. 316(2), title IV, Sec. 403(13), Oct. 24, 1972, 86 Stat.

1086, 1090; Pub. L. 96-466, title I, Sec. 103, Oct. 17, 1980, 94

Stat. 2187; Pub. L. 98-223, title II, Sec. 203(c)(2), Mar. 2, 1984,

98 Stat. 41; Pub. L. 98-525, title VII, Sec. 703(d), Oct. 19, 1984,

98 Stat. 2564; Pub. L. 101-237, title IV, Sec. 423(a)(8)(B),

(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3695 and

amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

406; Pub. L. 106-65, div. A, title V, Sec. 551(b), Oct. 5, 1999,

113 Stat. 614; Pub. L. 107-103, title V, Sec. 509(d), Dec. 27,

2001, 115 Stat. 997; Pub. L. 107-107, div. A, title X, Sec.

1048(i)(8), Dec. 28, 2001, 115 Stat. 1229.)

-REFTEXT-

REFERENCES IN TEXT

Parts VII and VIII, Veterans Regulation numbered 1(a), referred

to in subsec. (a)(1), are Parts VII and VIII as added by acts Mar.

24, 1943, ch. 22, Sec. 2, 57 Stat. 43 and June 22, 1944, ch. 268,

title II, Sec. 400(b), 58 Stat. 287 to Veterans Regulation numbered

1(a) promulgated by Ex. Ord. No. 6156, June 6, 1933, which had been

classified as parts VII and VIII of chapter 12A of former Title 38,

Pensions, Bonuses, and Veterans' Relief, and which were repealed by

Pub. L. 85-857, Sec. 14(67), Sept. 2, 1958, 72 Stat. 1272.

The Veterans' Readjustment Assistance Act of 1952, referred to in

subsec. (a)(2), is act July 16, 1952, ch. 875, 66 Stat. 663, as

amended. Title II of the Veterans' Readjustment Assistance Act of

1952 was classified generally to subchapter II (Sec. 911 et seq.)

of chapter 14 of former Title 38, which was repealed and the

provisions thereof reenacted as chapter 33 (Sec. 1601 et seq.) of

this title by Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1105. Chapter

33 of this title was repealed by Pub. L. 89-358, Sec. 4(a), Mar. 3,

1966, 80 Stat. 23. See chapter 32 (Sec. 3201 et seq.) of this

title.

The War Orphans' Educational Assistance Act of 1956, referred to

in subsec. (a)(3), is act June 29, 1956, ch. 476, 70 Stat. 411, as

amended, which was classified generally to chapter 15 (Sec. 1031 et

seq.) of former Title 38, which was repealed and the provisions

thereof reenacted as chapter 35 of this title by Pub. L. 85-857,

Sept. 2, 1958, 72 Stat. 1105.

Former chapter 33, referred to in subsec. (a)(4), is former

chapter 33 (Sec. 1601 et seq.) of this title enacted by Pub. L.

85-857, Sept. 2, 1958, 72 Stat. 1174, which was repealed by Pub. L.

89-358, Sec. 4(a), Mar. 3, 1966, 80 Stat. 23.

Section 903 of the Department of Defense Authorization Act, 1981,

referred to in subsec. (a)(6), is section 903 of Pub. L. 96-342,

title IX, Sept. 8, 1980, 94 Stat. 1115, which is set out as a note

under section 2141 of Title 10, Armed Forces.

The Hostage Relief Act of 1980, referred to in subsec. (a)(7), is

Pub. L. 96-449, Oct. 14, 1980, 94 Stat. 1967, which is set out as a

note under section 5561 of Title 5, Government Organization and

Employees.

The Omnibus Diplomatic Security and Antiterrorism Act of 1986,

referred to in subsec. (a)(8), is Pub. L. 99-399, Aug. 27, 1986,

100 Stat. 853, as amended. For complete classification of this Act

to the Code, see Short Title note set out under section 4801 of

Title 22, Foreign Relations and Intercourse, and Tables.

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(5). Pub. L. 107-103 and Pub. L. 107-107

amended par. (5) identically, substituting "1611" for "1610".

1999 - Subsec. (a)(5). Pub. L. 106-65 substituted "Chapters 107,

1606, and 1610" for "Chapters 106 and 107".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1795 of this

title as this section.

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3101(5)"

for "1501(5)".

1989 - Subsec. (a)(8). Pub. L. 101-237, Sec. 423(a)(8)(B), added

par. (8).

Subsec. (b). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator".

1984 - Subsec. (a). Pub. L. 98-525 inserted reference in cl. (4)

to chapter 30 of this title, and in cl. (5) to chapter 106 of title

10.

Pub. L. 98-223, Sec. 203(c)(2)(A), substituted "48 months" for

"forty-eight months", capitalized the first word in cls. (1) to

(4), and added cls. (5) to (7).

Subsec. (b). Pub. L. 98-223, Sec. 203(c)(2)(B), substituted

"subsection (a)" for "clauses (1), (2), (3), and (4)" and "48" for

"forty-eight".

1980 - Pub. L. 96-466 designated existing provisions as subsec.

(a), substituted in par. (4) "chapters 32, 34, 35, and 36 of this

title and the former chapter 33;" for "chapters 31, 34, 35, and 36

of this title, and the former chapter 33", in provisions following

par. (4) struck out ", but this section shall not be deemed to

limit the period for which assistance may be received under chapter

31 alone" after "(or the part-time equivalent thereof)", and added

subsec. (b).

1972 - Pub. L. 92-540, Sec. 403(13), inserted reference to

chapter 36 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section

802(a)(6) of Pub. L. 96-466, set out as a note under section 3681

of this title.

EFFECTIVE DATE

Section effective first day of second calendar month which begins

after Oct. 23, 1968, see section 6(a) of Pub. L. 90-631, set out as

a note under section 3500 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3013, 3105, 3231, 3511 of

this title; title 10 section 16131.

-End-

-CITE-

38 USC Sec. 3696 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3696. Limitation on certain advertising, sales, and enrollment

practices

-STATUTE-

(a) The Secretary shall not approve the enrollment of an eligible

veteran or eligible person in any course offered by an institution

which utilizes advertising, sales, or enrollment practices of any

type which are erroneous, deceptive, or misleading either by actual

statement, omission, or intimation.

(b) To ensure compliance with this section, any institution

offering courses approved for the enrollment of eligible persons or

veterans shall maintain a complete record of all advertising,

sales, or enrollment materials (and copies thereof) utilized by or

on behalf of the institution during the preceding 12-month period.

Such record shall be available for inspection by the State

approving agency or the Secretary. Such materials shall include but

are not limited to any direct mail pieces, brochures, printed

literature used by sales persons, films, video tapes, and audio

tapes disseminated through broadcast media, material disseminated

through print media, tear sheets, leaflets, handbills, fliers, and

any sales or recruitment manuals used to instruct sales personnel,

agents, or representatives of such institution.

(c) The Secretary shall, pursuant to section 3694 of this title,

enter into an agreement with the Federal Trade Commission to

utilize, where appropriate, its services and facilities, consistent

with its available resources, in carrying out investigations and

making the Secretary's determinations under subsection (a) of this

section. Such agreement shall provide that cases arising under

subsection (a) of this section or any similar matters with respect

to any of the requirements of this chapter or chapters 34 and 35 of

this title shall be referred to the Federal Trade Commission which

in its discretion will conduct an investigation and make

preliminary findings. The findings and results of any such

investigations shall be referred to the Secretary who shall take

appropriate action in such cases within ninety days after such

referral.

-SOURCE-

(Added Pub. L. 93-508, title II, Sec. 212(a), Dec. 3, 1974, 88

Stat. 1585, Sec. 1796; amended Pub. L. 94-502, title V, Secs. 512,

513(a)(22), Oct. 15, 1976, 90 Stat. 2402, 2403; Pub. L. 98-543,

title IV, Sec. 401, Oct. 24, 1984, 98 Stat. 2749; Pub. L. 101-237,

title IV, Sec. 423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092;

renumbered Sec. 3696 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1796 of this

title as this section.

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "3694" for

"1794".

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing and "Secretary's" for

"Administrator's" in subsec. (c).

1984 - Subsec. (d). Pub. L. 98-543 struck out subsec. (d) which

provided that not later than 60 days after the end of each fiscal

year the Administrator would be required to report to Congress

regarding the disposition of cases under this section.

1976 - Subsec. (b). Pub. L. 94-502, Sec. 512, added subsec. (b)

and redesignated former subsec. (b) as (c).

Subsec. (c). Pub. L. 94-502, Secs. 512(1), 513(a)(22),

redesignated former subsec. (b) as (c) and substituted "making the

Administrator's determinations" for "making his determinations".

Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 94-502, Sec. 512(1), redesignated former

subsec. (c) as (d).

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by sections 512 and 513(a)(22) of Pub. L. 94-502

effective Dec. 1, 1976, and Oct. 15, 1976, respectively, see

section 703(b), (c) of Pub. L. 94-502, set out as an Effective Date

note under section 3693 of this title.

EFFECTIVE DATE

Section effective Dec. 3, 1974, see section 503 of Pub. L.

93-508, set out as an Effective Date of 1974 Amendment note under

section 3452 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3689 of this title.

-End-

-CITE-

38 USC Sec. 3697 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3697. Funding of contract educational and vocational

counseling

-STATUTE-

(a) Subject to subsection (b) of this section, educational or

vocational counseling services obtained by the Department of

Veterans Affairs by contract and provided to an individual under

section 3697A of this title or to an individual applying for or

receiving benefits under section 1524 or chapter 30, 32, 34, or 35

of this title, or chapter 106 of title 10, shall be paid for out of

funds appropriated, or otherwise available, to the Department of

Veterans Affairs for payment of readjustment benefits.

(b) Payments under this section shall not exceed $6,000,000 in

any fiscal year.

-SOURCE-

(Added Pub. L. 100-687, div. B, title XIII, Sec. 1302(a), Nov. 18,

1988, 102 Stat. 4127, Sec. 1797; amended Pub. L. 101-237, title IV,

Sec. 423(b)(1)(B), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102-16,

Sec. 2(b)(3), Mar. 22, 1991, 105 Stat. 49; renumbered Sec. 3697 and

amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

406; Pub. L. 103-446, title VI, Sec. 609(a), Nov. 2, 1994, 108

Stat. 4673.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-446 substituted "$6,000,000" for

"$5,000,000".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1797 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3697A"

for "1797A" and "1524" for "524".

Pub. L. 102-16 inserted "under section 1797A of this title or to

an individual" after "individual".

1989 - Subsec. (a). Pub. L. 101-237 substituted "Department of

Veterans Affairs" for "Veterans' Administration" wherever

appearing.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 609(b) of Pub. L. 103-446 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

October 1, 1994."

-End-

-CITE-

38 USC Sec. 3697A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3697A. Educational and vocational counseling

-STATUTE-

(a) The Secretary shall make available to an individual described

in subsection (b) of this section, upon such individual's request,

counseling services, including such educational and vocational

counseling and guidance, testing, and other assistance as the

Secretary determines necessary to aid the individual in selecting -

(1) an educational or training objective and an educational

institution or training establishment appropriate for the

attainment of such objective; or

(2) an employment objective that would be likely to provide

such individual with satisfactory employment opportunities in the

light of the individual's personal circumstances.

(b) For the purposes of this section, the term "individual" means

an individual who -

(1) is eligible for educational assistance under chapter 30,

31, or 32 of this title or chapter 106 or 107 of title 10;

(2) was discharged or released from active duty under

conditions other than dishonorable if not more than one year has

elapsed since the date of such last discharge or release from

active duty; or

(3) is serving on active duty in any State with the Armed

Forces and is within 180 days of the estimated date of such

individual's discharge or release from active duty under

conditions other than dishonorable, including those who are

making a determination of whether to continue as members of the

Armed Forces.

(c) In any case in which the Secretary has rated the individual

as being incompetent, the counseling services described in

subsection (a) of this section shall be required to be provided to

the individual before the selection of a program of education or

training.

(d) At such intervals as the Secretary determines necessary, the

Secretary shall make available information concerning the need for

general education and for trained personnel in the various crafts,

trades, and professions. Facilities of other Federal agencies

collecting such information shall be utilized to the extent the

Secretary determines practicable.

(e) The Secretary shall take appropriate steps (including

individual notification where feasible) to acquaint all individuals

described in subsection (b) of this section with the availability

and advantages of counseling services under this section.

-SOURCE-

(Added Pub. L. 102-16, Sec. 2(a), Mar. 22, 1991, 105 Stat. 48, Sec.

1797A; renumbered Sec. 3697A, Pub. L. 102-83, Sec. 5(a), Aug. 6,

1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1797A of this title as

this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3697 of this title.

-End-

-CITE-

38 USC SUBCHAPTER III - EDUCATION LOANS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER III - EDUCATION LOANS

-HEAD-

SUBCHAPTER III - EDUCATION LOANS

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-689, title I, Sec. 124(c)(4), Nov. 18, 1988,

102 Stat. 4175, substituted in heading "EDUCATION LOANS" for

"EDUCATION LOANS TO ELIGIBLE VETERANS AND ELIGIBLE PERSONS".

1974 - Pub. L. 93-508, title III, Sec. 301(a), Dec. 3, 1974, 88

Stat. 1589, added subchapter III.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3462, 3485, 3512 of

this title.

-End-

-CITE-

38 USC Sec. 3698 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER III - EDUCATION LOANS

-HEAD-

Sec. 3698. Eligibility for loans; amount and conditions of loans;

interest rate on loans

-STATUTE-

(a)(1) Subject to paragraph (2) of this subsection, each eligible

veteran shall be entitled to a loan under this subchapter (if the

program of education is pursued in a State) in an amount determined

under, and subject to the conditions specified in, subsection

(b)(1) of this section if the veteran satisfies the requirements

set forth in subsection (c) of this section and the criteria

established under subsection (g) of this section.

(2) Except in the case of a veteran to whom section 3462(a)(2) of

this title is applicable, no loan may be made under this subchapter

after September 30, 1981.

(b)(1) Subject to paragraph (3) of this subsection, the amount of

the loan to which an eligible veteran shall be entitled under this

subchapter for any academic year shall be equal to the amount

needed by such veteran to pursue a program of education at the

institution at which the veteran is enrolled, as determined under

paragraph (2) of this subsection.

(2)(A) The amount needed by a veteran to pursue a program of

education at an institution for any academic year shall be

determined by subtracting (i) the total amount of financial

resources (as defined in subparagraph (B) of this paragraph)

available to the veteran which may be reasonably expected to be

expended by such veteran for educational purposes in any year from

(ii) the actual cost of attendance (as defined in subparagraph (C)

of this paragraph) at the institution in which such veteran is

enrolled.

(B) The term "total amount of financial resources" of any veteran

for any year means the total of the following:

(i) The annual adjusted effective income of the veteran less

Federal income tax paid or payable by such veteran with respect

to such income.

(ii) The amount of cash assets of the veteran.

(iii) The amount of financial assistance received by the

veteran under the provisions of title IV of the Higher Education

Act of 1965 (20 U.S.C. 1070 et seq.).

(iv) Educational assistance received by the veteran under this

title other than under this subchapter.

(v) Financial assistance received by the veteran under any

scholarship or grant program other than those specified in

clauses (iii) and (iv).

(C) The term "actual cost of attendance" means, subject to such

regulations as the Secretary may provide, the actual per-student

charges for tuition, fees, room and board (or expenses related to

reasonable commuting), books, and an allowance for such other

expenses as the Secretary determines by regulation to be reasonably

related to attendance at the institution at which the veteran is

enrolled.

(3) The aggregate of the amounts any veteran may borrow under

this subchapter may not exceed $376 multiplied by the number of

months such veteran is entitled to receive educational assistance

under section 3461 of this title, but not in excess of $2,500 in

any one regular academic year.

(c) An eligible veteran shall be entitled to a loan under this

subchapter if such veteran -

(1) is in attendance at an educational institution on at least

a half-time basis and (A) is enrolled in a course leading to a

standard college degree, or (B) is enrolled in a course, the

completion of which requires six months or longer, leading to an

identified and predetermined professional or vocational

objective, except that the Secretary may waive the requirements

of subclause (B) of this clause, in whole or in part, if the

Secretary determines, pursuant to regulations which the Secretary

shall prescribe, it to be in the interest of the eligible veteran

and the Federal Government;

(2) enters into an agreement with the Secretary meeting the

requirements of subsection (d) of this section; and

(3) satisfies any criteria established under subsection (g) of

this section.

No loan shall be made under this subchapter to an eligible veteran

pursuing a program of correspondence, or apprenticeship or other

on-job training.

(d) Any agreement between the Secretary and a veteran under this

subchapter -

(1) shall include a note or other written obligation which

provides for repayment to the Secretary of the principal amount

of, and payment of interest on, the loan in installments (A) over

a period beginning nine months after the date on which the

borrower ceases to be at least a half-time student and ending ten

years and nine months after such date, or (B) over such shorter

period as the Secretary may have prescribed under subsection (g)

of this section;

(2) shall include provision for acceleration of repayment of

all or any part of the loan, without penalty, at the option of

the borrower;

(3) shall provide that the loan shall bear interest, on the

unpaid balance of the loan, at a rate prescribed by the

Secretary, at the time the loan is contracted for which rate

shall be comparable to the rate of interest charged students at

such time on loans insured by the Secretary of Education under

part B of title IV of the Higher Education Act of 1965, but in no

event shall the rate so prescribed by the Secretary exceed the

rate charged students on such insured loans, and shall provide

that no interest shall accrue prior to the beginning date of

repayment; and

(4) shall provide that the loan shall be made without security

and without endorsement.

(e)(1) Except as provided in paragraph (2) of this subsection,

whenever the Secretary determines that a default has occurred on

any loan made under this subchapter, the Secretary shall declare an

overpayment, and such overpayment shall be recovered from the

veteran concerned in the same manner as any other debt due the

United States.

(2) If a veteran who has received a loan under this section dies

or becomes permanently and totally disabled, then the Secretary

shall discharge the veteran's liability on such loan by repaying

the amount owed on such loan.

(f) Payment of a loan made under this section shall be drawn in

favor of the eligible veteran and mailed promptly to the

educational institution in which such veteran is enrolled. Such

institution shall deliver such payment to the eligible veteran as

soon as practicable after receipt thereof. Upon delivery of such

payment to the eligible veteran, such educational institution shall

promptly submit to the Secretary a certification, on such form as

the Secretary shall prescribe, of such delivery, and such delivery

shall be deemed to be an advance payment under section 3680(d)(4)

of this title for purposes of section 3684(b) of this title.

(g)(1) The Secretary shall conduct, on a continuing basis, a

review of the default experience with respect to loans made under

this section.

(2)(A) To ensure that loans are made under this section on the

basis of financial need directly related to the costs of education,

the Secretary may, by regulation, establish (i) criteria for

eligibility for such loans, in addition to the criteria and

requirements prescribed by subsections (c) and (d) of this section,

in order to limit eligibility for such loans to eligible veterans

attending educational institutions with relatively high rates of

tuition and fees, and (ii) criteria under which the Secretary may

prescribe a repayment period for certain types of loans made under

this section that is shorter than the repayment period otherwise

applicable under subsection (d)(1)(A) of this section. Criteria

established by the Secretary under clause (i) of the preceding

sentence may include a minimum amount of tuition and fees that an

eligible veteran may pay in order to be eligible for such a loan

(except that any such criterion shall not apply with respect to a

loan for which the veteran is eligible as a result of an extension

of the period of eligibility of such veteran for loans under this

section provided for by section 3462(a)(2) of this title).

(B) In prescribing regulations under subparagraph (A) of this

paragraph, the Secretary shall take into consideration information

developed in the course of the review required by paragraph (1) of

this subsection.

(C) Regulations may be prescribed under subparagraph (A) of this

paragraph only after opportunity has been afforded for public

comment thereon.

-SOURCE-

(Added Pub. L. 93-508, title III, Sec. 301(a), Dec. 3, 1974, 88

Stat. 1589, Sec. 1798; amended Pub. L. 94-502, title V, Secs.

502(a), 513(a)(23), Oct. 15, 1976, 90 Stat. 2399, 2403; Pub. L.

95-202, title I, Sec. 104(3), title II, Sec. 202, Nov. 23, 1977, 91

Stat. 1435, 1438; Pub. L. 95-476, title II, Sec. 201, Oct. 18,

1978, 92 Stat. 1502; Pub. L. 96-466, title II, Secs. 203(4),

213(4), title VI, Secs. 601(h), 603(b), title VIII, Sec. 801(g),

Oct. 17, 1980, 94 Stat. 2189, 2191, 2208, 2209, 2216; Pub. L.

97-35, title XX, Sec. 2005(d), Aug. 13, 1981, 95 Stat. 783; Pub. L.

97-295, Sec. 4(60), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 97-306,

title II, Sec. 208, Oct. 14, 1982, 96 Stat. 1436; Pub. L. 98-543,

title II, Sec. 204(3), Oct. 24, 1984, 98 Stat. 2742; Pub. L.

100-689, title I, Sec. 124(b), Nov. 18, 1988, 102 Stat. 4174; Pub.

L. 101-237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat.

2092; Pub. L. 102-16, Sec. 5(a), Mar. 22, 1991, 105 Stat. 50;

renumbered Sec. 3698 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406.)

-REFTEXT-

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in subsecs.

(b)(2)(B)(iii) and (d)(3), is Pub. L. 89-329, Nov. 8, 1965, 79

Stat. 1219, as amended. Title IV of the Higher Education Act of

1965 is classified generally to subchapter IV (Sec. 1070 et seq.)

of chapter 28 of Title 20, Education, and part C (Sec. 2751 et

seq.) of subchapter I of chapter 34 of Title 42, The Public Health

and Welfare. Part B of title IV of the Higher Education Act of

1965, is classified generally to Part B of subchapter IV (Sec. 1071

et seq.) of chapter 28 of Title 20. For complete classification of

this Act to the Code, see Short Title note set out under section

1001 of Title 20 and Tables.

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1798 of this

title as this section.

Subsec. (a)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3462(a)(2)" for "1662(a)(2)".

Subsec. (b)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted "3461"

for "1661".

Subsec. (e)(3). Pub. L. 102-16 struck out par. (3) which read as

follows: "The Secretary shall submit to the appropriate committees

of the Congress not later than December 31 of each year a report on

the current results of the continuing review required by subsection

(g)(1) of this section to be made regarding the default experience

with respect to loans made under this section and any steps being

taken to reduce default rates on such loans. Such report shall

include -

"(A) data regarding the cumulative default experience, and the

default experience during the preceding fiscal year, with respect

to such loans; and

"(B) data regarding the default experience and default rate

with respect to loans made under this section."

Subsec. (f). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3680(d)(4)" for "1780(d)(4)" and "3684(b)" for "1784(b)".

Subsec. (g)(2)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3462(a)(2)" for "1662(a)(2)".

1989 - Subsecs. (b)(2)(C), (c) to (g). Pub. L. 101-237

substituted "Secretary" for "Administrator" wherever appearing.

1988 - Subsec. (a)(1). Pub. L. 100-689, Sec. 124(b)(1), (2),

substituted "eligible veteran" for "eligible veteran and eligible

person", inserted "(if the program of education is pursued in a

State)", and substituted "veteran satisfies" for "veteran or person

satisfies".

Subsec. (b)(1). Pub. L. 100-689, Sec. 124(b)(1), (3)(A),

substituted "eligible veteran" for "eligible veteran or eligible

person", "needed by such veteran" for "needed by such veteran or

person", and "veteran is enrolled" for "veteran or person is

enrolled".

Subsec. (b)(2)(A). Pub. L. 100-689, Sec. 124(b)(1), substituted

"a veteran" for "a veteran or person", "the veteran" for "the

veteran or person", and "such veteran" for "such veteran or person"

in two places.

Subsec. (b)(2)(B). Pub. L. 100-689, Sec. 124(b)(1), substituted

in introductory text "any veteran" for "any veteran or person", in

cl. (i) "such veteran" for "such veteran or person", and in cls.

(i) to (v) "the veteran" for "the veteran or person".

Subsec. (b)(2)(C). Pub. L. 100-689, Sec. 124(b)(1), substituted

"the veteran" for "the veteran or person".

Subsec. (b)(3). Pub. L. 100-689, Sec. 124(b)(1), (3)(B),

substituted "any veteran" for "any veteran or person", "such

veteran" for "such veteran or person", and "under section 1661" for

"under section 1661 or subchapter II of chapter 35, respectively,".

Subsec. (c). Pub. L. 100-689, Sec. 124(b)(1), struck out "or

person" after "eligible veteran" and after "such veteran" in

introductory text and after "eligible veteran" in closing

provisions.

Subsec. (d). Pub. L. 100-689, Sec. 124(b)(1), substituted in

introductory text "a veteran" for "a veteran or person".

Subsec. (e)(1). Pub. L. 100-689, Sec. 124(b)(1), struck out "or

person" after "the veteran".

Subsec. (e)(2). Pub. L. 100-689, Sec. 124(b)(1), (4)(A), struck

out "or person" after "a veteran" and "or person's" after "the

veteran's".

Subsec. (e)(3)(B). Pub. L. 100-689, Sec. 124(b)(4)(B), amended

subpar. (B) generally. Prior to amendment, subpar. (B) read as

follows: "data regarding the default experience and default rate

with respect to (i) loans made under this section in connection

with accelerated payments under section 1682A of this title, and

(ii) other loans made under this section."

Subsec. (f). Pub. L. 100-689, Sec. 124(b)(5), struck out par. (2)

designation, struck out par. (1) which read as follows: "At the

time of application by any eligible veteran for a loan under this

section, such veteran shall assign to the benefit of the Veterans'

Administration (for deposit in the Veterans' Administration

Education Loan Fund established under section 1799 of this title)

the amount of any accelerated payment to which such eligible

veteran may become entitled from the Administrator and any matching

contribution by a State or local governmental unit pursuant to

section 1682A(b)(8) of this title in connection with the school

term for which such veteran has applied.", and struck out par. (3)

which read as follows: "For purposes of this subsection, the term

'eligible veteran' includes eligible person as such term is defined

in section 1701(a)(1) of this title."

Subsec. (g)(2)(A). Pub. L. 100-689, Sec. 124(b)(6), substituted

"eligible veterans" for "eligible veterans and eligible persons"

and "eligible veteran" for "eligible veteran or eligible person".

1984 - Subsec. (b)(3). Pub. L. 98-543 substituted "$376" for

"$342".

1982 - Subsec. (b)(2)(B)(iii). Pub. L. 97-295 substituted "(20

U.S.C. 1070 et seq.)" for ", as amended".

Subsec. (e)(3). Pub. L. 97-306, Sec. 208(1), struck out "in

maximum feasible detail" after "Such report shall include".

Subsec. (e)(3)(B). Pub. L. 97-306, Sec. 208(3), substituted

provisions requiring data regarding the default experience and

default rate with respect to loans made under this section in

connection with accelerated payments under section 1682A of this

title, and other loans made under this section, for provisions

which had required data regarding the default experience and

default rate at each educational institution with respect to loans

made under this section in connection with accelerated payments

under section 1682A of this title, and with respect to other loans

made under this section.

Subsec. (e)(3)(C). Pub. L. 97-306, Sec. 208(3), struck out

subpar. (C) which had required comparisons of the collective

default experience and default rates with respect to such loans at

all such institutions to the default experience and default rates

with respect to such loans at each such institution.

1981 - Subsec. (a). Pub. L. 97-35 designated existing provisions

as par. (1), inserted reference to par. (2), and added par. (2).

1980 - Subsec. (b)(3). Pub. L. 96-466, Sec. 213(4), substituted

"$342" for "$327".

Pub. L. 96-466, Sec. 203(4), substituted "$327" for "$311".

Subsec. (c). Pub. L. 96-466, Sec. 603(b), substituted "or

apprenticeship or other on-job training" for "flight, apprentice,

or other on-job, or PREP training" in last sentence.

Subsec. (d)(3). Pub. L. 96-466, Sec. 801(g), substituted

"Secretary of Education" for "Commissioner of Education, Department

of Health, Education, and Welfare".

Subsec. (f)(2). Pub. L. 96-466, Sec. 601(h), substituted "section

1780(d)(4)" for "section 1780(d)(5)".

1978 - Subsec. (a). Pub. L. 95-476, Sec. 201(1), inserted "and

the criteria established under subsection (g) of this section"

after "subsection (c) of this section".

Subsec. (c)(3). Pub. L. 95-476, Sec. 201(2)(C), added par. (3).

Subsec. (d)(1). Pub. L. 95-476, Sec. 201(3), substituted

"installments (A) over" for "installments over" and added cl. (B).

Subsec. (e)(3). Pub. L. 95-476, Sec. 201(4), substituted

provisions requiring the Administrator to submit to the appropriate

committees of Congress not later than Dec. 31 of each year a report

on the results of the continuing default experience review required

by subsec. (g)(1) of this section and specifying the data to be

included in each such report for provisions requiring the

Administrator to submit to the Committees on Veterans' Affairs of

the Senate and the House of Representatives, not later than one

year after Dec. 3, 1974, and annually thereafter, separate default

experience reports regarding accelerated and non-accelerated

repayment loans.

Subsec. (f)(3). Pub. L. 95-476, Sec. 201(5), substituted "section

1701(a)(1)" for "section 1701(1)".

Subsec. (g). Pub. L. 95-476, Sec. 201(6), added subsec. (g).

1977 - Subsec. (b)(3). Pub. L. 95-202, Secs. 104(3), 202(1),

substituted "$311" for "$292" and "$2,500" for "$1,500".

Subsec. (c)(1). Pub. L. 95-202, Sec. 202(2)(A), authorized the

Administrator to waive the requirements of subclause (B), in whole

or in part, if the Administrator determines, pursuant to

regulations which the Administrator prescribes, that it is in the

interest of the eligible veteran and the Federal Government.

Subsec. (c)(2), (3). Pub. L. 95-202, Sec. 202(2)(B), redesignated

par. (3) as (2). Former par. (2), directing that the agreement

include a provision for acceleration of repayment of all or any

part of the loan, without penalty, at the option of the borrower,

was struck out.

Subsec. (e)(3). Pub. L. 95-202, Sec. 202(3), inserted "separately

with respect to loans made under this section the repayment of

which is accelerated under section 1682A of this title and loans

made under this section the repayment of which is not so

accelerated" after "default rate at all such institutions".

Subsec. (f). Pub. L. 95-202, Sec. 202(4), added subsec. (f).

1976 - Subsec. (b)(1). Pub. L. 94-502, Sec. 513(a)(23),

substituted "the veteran or person is enrolled" for "he is

enrolled".

Subsec. (b)(3). Pub. L. 94-502, Sec. 502(a)(1), substituted

"$292" for "$270" and "$1,500" for "$600".

Subsec. (d)(3). Pub. L. 94-502, Sec. 502(a)(2), substituted

provision changing the interest rate on loans to a rate comparable

to the rate of interest charged students on loans insured by the

Commissioner of Education, Department of Health, Education, and

Welfare under part B of title IV of the Higher Education Act of

1965 for provision which authorized a rate which was to be

determined by the Secretary, with the concurrence of the Secretary

of the Treasury, taking into consideration the current average

market yield on outstanding marketable obligations of the United

States.

Subsec. (e)(1). Pub. L. 94-502, Sec. 513(a)(23), substituted "the

Administrator shall declare" for "he shall declare".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-543 effective Oct. 1, 1984, see section

205 of Pub. L. 98-543, set out as a note under section 3108 of this

title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as

otherwise provided, see section 2006 of Pub. L. 97-35, set out as a

note under section 3231 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by sections 203(4) and 213(4) of Pub. L. 96-466

effective Oct. 1, 1980, and Jan. 1, 1981, respectively, see section

802(b) of Pub. L. 96-466, set out as a note under section 3482 of

this title.

Amendment by sections 601(h) and 603(b) of Pub. L. 96-466

effective Oct. 1, 1980, except that amendment by section 603(b) of

Pub. L. 96-466 not applicable to any person receiving educational

assistance under chapter 34 or 35 of this title on Sept. 1, 1980,

for the pursuit of a program of education in which such person is

enrolled on that date, for as long as such person continuously

thereafter is so enrolled and meets the requirements of eligibility

for such assistance for the pursuit of such program under the

provisions of such chapter and chapter 36 of this title as in

effect on that date, see section 802(f) of Pub. L. 96-466, set out

as an Effective Date note under section 5314 of this title.

Amendment by section 801(g) of Pub. L. 96-466 effective Oct. 1,

1980, see section 802(h) of Pub. L. 96-466, set out as an Effective

Date note under section 3452 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment of section by Pub. L. 95-476 effective Oct. 18, 1978,

see section 205(a) of Pub. L. 95-476, set out as a note under

section 2303 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by section 114(3) of Pub. L. 95-202 effective

retroactively to Oct. 1, 1977, and amendment by section 202 of Pub.

L. 95-202 effective Jan. 1, 1978, see section 501 of Pub. L.

95-202, set out as a note under section 101 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 502(b) of Pub. L. 94-502 provided that: "The amendments

made by subsection (a) [amending this section] shall be effective

with respect to loans made under section 1798 [now 3698] of title

38, United States Code, on and after October 1, 1976."

Amendment by sections 502 and 513(a)(23) of Pub. L. 94-502

effective Oct. 1, 1976, and Oct. 15, 1976, respectively, see

section 703(a), (b) of Pub. L. 94-502, set out as an Effective Date

note under section 3693 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 502 of Pub. L. 93-508 provided that: "Title III of this

Act [enacting this section and sections 1686 [repealed], 1737

[repealed], and 1799 [now 3699] of this title] shall become

effective on January 1, 1975, except that eligible persons shall,

upon application, be entitled (and all such persons shall be

notified by the Administrator of Veterans' Affairs of such

entitlement) to a loan under the new subchapter III of chapter 36

of title 38, United States Code, as added by section 301 of this

Act, the terms of which take into account the full amount of the

actual cost of attendance (as defined in section 1798(b)(2)(C) [now

3698(b)(2)(C)] of such title) which such persons incurred for the

academic year beginning on or about September 1, 1974."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3699 of this title.

-End-

-CITE-

38 USC Sec. 3699 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER III - EDUCATION LOANS

-HEAD-

Sec. 3699. Revolving fund; insurance

-STATUTE-

(a) There is hereby established in the Treasury of the United

States a revolving fund to be known as the "Department of Veterans

Affairs Education Loan Fund" (hereinafter in this section referred

to as the "Fund").

(b) The Fund shall be available to the Secretary, without fiscal

year limitation, for the making of loans under this subchapter.

(c) There shall be deposited in the Fund (1) by transfer from

current and future appropriations for readjustment benefits such

amounts as may be necessary to establish and supplement the Fund in

order to meet the requirements of the Fund, and (2) all collections

of fees and principal and interest (including overpayments declared

under section 3698(e) of this title) on loans made under this

subchapter.

(d) The Secretary shall determine annually whether there has

developed in the Fund a surplus which, in the Secretary's judgment,

is more than necessary to meet the needs of the Fund, and such

surplus, if any, shall be deemed to have been appropriated for

readjustment benefits.

(e) A fee shall be collected from each veteran or person

obtaining a loan made under this subchapter for the purpose of

insuring against defaults on loans made under this subchapter; and

no loan shall be made under this subchapter until the fee payable

with respect to such loan has been collected and remitted to the

Secretary. The amount of the fee shall be established from time to

time by the Secretary, but shall in no event exceed 3 percent of

the total loan amount. The amount of the fee may be included in the

loan to the veteran or person and paid from the proceeds thereof.

-SOURCE-

(Added Pub. L. 93-508, title III, Sec. 301(a), Dec. 3, 1974, 88

Stat. 1591, Sec. 1799; amended Pub. L. 94-502, title V, Sec.

513(a)(24), Oct. 15, 1976, 90 Stat. 2404; Pub. L. 97-295, Sec.

4(61), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 101-237, title IV,

Sec. 423(b)(1), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec.

3699 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1799 of this

title as this section.

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "3698(e)"

for "1798(e)".

1989 - Subsecs. (a), (b), (d), (e). Pub. L. 101-237 substituted

"Department of Veterans Affairs" for "Veterans' Administration" in

subsec. (a), "Secretary" for "Administrator" wherever appearing in

subsecs. (b), (d), and (e), and "Secretary's" for "Administrator's"

in subsec. (d).

1982 - Subsec. (e). Pub. L. 97-295 substituted "percent" for "per

centum".

1976 - Subsec. (d). Pub. L. 94-502 substituted "the

Administrator's" for "his".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Oct. 15, 1976, see section

703(b) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE

Section effective Jan. 1, 1975, except that eligible persons

shall, upon application, be entitled to a loan under this

subchapter, the terms of which take into account the full amount of

the actual cost of attendance as defined in section 1798(b)(2)(C)

[now 3698(b)(2)(C)] of this title, which such persons incurred for

the academic year beginning on or about Sept. 1, 1974, see section

502 of Pub. L. 93-508, set out as an Effective Date of 1974

Amendment note under section 3698 of this title.

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