Legislación
US (United States) Code. Title 38. Part III. Chapter 36: Administration of educational benefits
-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-
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38 USC SUBCHAPTER I - STATE APPROVING AGENCIES 01/06/03
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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-
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38 USC Sec. 3670 01/06/03
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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-
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38 USC Sec. 3671 01/06/03
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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-
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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-
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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-
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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.
-End-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
Todos los derechos reservados.