-CITE- 38 USC CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS 01/02/2006 -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 [SUBCHAPTER III - REPEALED] [3698, 3699. Repealed.] AMENDMENTS 2003 - Pub. L. 108-183, title III, Sec. 306(g), Dec. 16, 2003, 117 Stat. 2661, struck out subchapter III heading "EDUCATION LOANS" and items 3698 "Eligibility for loans; amount and conditions of loans; interest rate on loans" and 3699 "Revolving fund; insurance". 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. -FOOTNOTE- (!1) So in original. Does not conform to section catchline. -End- -CITE- 38 USC SUBCHAPTER I - STATE APPROVING AGENCIES 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS SUBCHAPTER I - STATE APPROVING AGENCIES -HEAD- SUBCHAPTER I - STATE APPROVING AGENCIES -End- -CITE- 38 USC Sec. 3670 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS SUBCHAPTER I - STATE APPROVING AGENCIES -HEAD- Sec. 3670. Scope of approval -STATUTE- (a) A course approved under and for the purposes of this chapter shall be deemed approved for the purposes of chapters 34 and 35 of this title. (b) Any course approved under chapter 33 of this title, prior to February 1, 1965, under subchapter VII of chapter 35 of this title, prior to March 3, 1966, and not disapproved under section 3483, section 1656 (as in effect prior to February 1, 1965), or section 3679 of this title, shall be deemed approved for the purposes of this chapter. -SOURCE- (Added Pub. L. 89-358, Sec. 3(a)(5), Mar. 3, 1966, 80 Stat. 20, Sec. 1770; amended Pub. L. 92-540, title IV, Sec. 403(1), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 97-295, Sec. 4(49), Oct. 12, 1982, 96 Stat. 1308; renumbered Sec. 3670 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) -REFTEXT- REFERENCES IN TEXT Chapter 33 of this title, prior to February 1, 1965, referred to in subsec. (b), means Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1174 to 1192, which was classified to sections 1601, 1610 to 1613, 1620 to 1626, 1631 to 1634, 1641 to 1645, 1651 to 1656, and 1661 to 1669 of this title, and was repealed by section 4(a) of Pub. L. 89-358. Subchapter VII of chapter 35 of this title, prior to March 3, 1966, referred to in subsec. (b), means Pub. L. 88-126, Sec. 1, Sept. 23, 1963, 77 Stat. 158 to 162, which was classified to sections 1771 to 1778 of this title, and was redesignated as subchapter I of this chapter by section 3(a)(4) of Pub. L. 89-358. Section 1656 of this title, as in effect prior to February 1, 1965, referred to in subsec. (b), is Pub. L. 85-857, Sec. 1656, Sept. 2, 1958, 72 Stat. 1189, which was repealed by section 4(a) of Pub. L. 89-358, and is covered by section 3679 of this title. -MISC1- AMENDMENTS 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1770 of this title as this section. Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3483" for "1683" and "3679" for "1779". 1982 - Subsec. (b). Pub. L. 97-295 substituted "March 3, 1966" and "section 1779" for "the date of enactment of this chapter" and "section 1778", respectively. 1972 - Subsec. (b). Pub. L. 92-540 substituted "1683" for "1686". -End- -CITE- 38 USC Sec. 3671 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS CHAPTER 36 - ADMINISTRATION OF EDUCATIONAL BENEFITS SUBCHAPTER I - STATE APPROVING AGENCIES -HEAD- Sec. 3671. Designation -STATUTE- (a) Unless otherwise established by the law of the State concerned, the chief executive of each State is requested to create or designate a State department or agency as the "State approving agency" for such State for the purposes of this chapter and chapters 34 and 35 of this title. (b)(1) If any State fails or declines to create or designate a State approving agency, or fails to enter into an agreement under section 3674(a), the provisions of this chapter which refer to the State approving agency shall, with respect to such State, be deemed to refer to the Secretary. (2) In the case of courses subject to approval by the Secretary under section 3672 of this title, the provisions of this chapter which refer to a State approving agency shall be deemed to refer to the Secretary. -SOURCE- (Added Pub. L. 88-126, Sec. 1, Sept. 23, 1963, 77 Stat. 158, Sec. 1771; amended Pub. L. 89-358, Sec. 3(a)(6), Mar. 3, 1966, 80 Stat. 20; Pub. L. 92-540, title IV, Sec. 403(2), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 94-502, title V, Sec. 513(a)(1), Oct. 15, 1976, 90 Stat. 2402; Pub. L. 100-323, Sec. 13(b)(4), May 20, 1988, 102 Stat. 573; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3671 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) -MISC1- AMENDMENTS 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1771 of this title as this section. Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3674(a)" for "1774(a)" in par. (1) and "3672" for "1772" in par. (2). 1989 - Subsec. (b). Pub. L. 101-237 substituted "Secretary" for "Administrator" wherever appearing. 1988 - Subsec. (b)(1). Pub. L. 100-323 inserted "or fails to enter into an agreement under section 1774(a)," after "State approving agency,". 1976 - Subsec. (a). Pub. L. 94-502 substituted "such" for "his". 1972 - Subsec. (a). Pub. L. 92-540 inserted "this chapter and" after "purposes of". 1966 - Subsec. (a). Pub. L. 89-358 substituted "chapters 34 and 35 of this title" for "this chapter after the date for the expiration of all education and training provided in chapter 33 of this title. Such agency may be the agency designated or created in accordance with section 1641 of this title". EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94-502, set out as an Effective Date note under section 3693 of this title. -End- -CITE- 38 USC Sec. 3672 01/02/2006 -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)(1) In the case of programs of apprenticeship where - (A) the apprenticeship 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 (B) 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. (2) The period of a program of apprenticeship may be determined based upon a specific period of time (commonly referred to as a "time-based program"), based upon the demonstration of successful mastery of skills (commonly referred to as a "competency-based program"), or based upon a combination thereof. (3)(A) In the case of a competency-based program of apprenticeship, State approving agencies shall determine the period for which payment may be made for such a program under chapters 30 and 35 of this title and chapter 1606 of title 10. In determining the period of such a program, State approving agencies shall take into consideration the approximate term of the program recommended in registered apprenticeship program standards recognized by the Secretary of Labor. (B) The sponsor of a competency-based program of apprenticeship shall provide notice to the State approving agency involved of any such standards that may apply to the program and the proposed approximate period of training under the program. (4) The sponsor of a competency-based program of apprenticeship shall notify the Secretary upon the successful completion of a program of apprenticeship by an individual under chapter 30 or 35 of this title, or chapter 1606 of title 10, as the case may be. (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 apprenticeship and on the job training programs 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. The Secretary of Labor shall provide assistance and services to the Secretary, and to State approving agencies, to increase the use of apprenticeships. (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; Pub. L. 108-454, title I, Secs. 104(a),(b), 110(b), Dec. 10, 2004, 118 Stat. 3601, 3602, 3605.) -MISC1- AMENDMENTS 2004 - Subsec. (c). Pub. L. 108-454, Secs. 104(a), 110(b)(1), designated existing provisions as par. (1), redesignated former par. (1) as subpar. (A) of par. (1) and inserted "apprenticeship" before "standards", redesignated former par. (2) as subpar. (B) of par. (1), and added pars. (2) to (4). Subsec. (d)(1). Pub. L. 108-454, Secs. 104(b), 110(b)(2), substituted "of apprenticeship and on the job training programs" for "of programs of training on the job (including programs of apprenticeship)" and inserted at end "The Secretary of Labor shall provide assistance and services to the Secretary, and to State approving agencies, to increase the use of apprenticeships." 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. -End- -CITE- 38 USC Sec. 3673 01/02/2006 -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". -End- -CITE- 38 USC Sec. 3674 01/02/2006 -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." -End- -CITE- 38 USC Sec. 3674A 01/02/2006 -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." -End- -CITE- 38 USC Sec. 3675 01/02/2006 -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. (c)(1) A State approving agency may approve the entrepreneurship courses offered by a qualified provider of entrepreneurship courses. (2) For purposes of this subsection, the term "entrepreneurship course" means a non-degree, non-credit course of business education that enables or assists a person to start or enhance a small business concern (as defined pursuant to section 3(a) of the Small Business Act (15 U.S.C. 632(a))). (3) Subsection (a) and paragraphs (1) and (2) of subsection (b) shall not apply to - (A) an entrepreneurship course offered by a qualified provider of entrepreneurship courses; and (B) a qualified provider of entrepreneurship courses by reason of such provider offering one or more entrepreneurship courses. (4) Notwithstanding paragraph (3), a qualified provider of entrepreneurship courses shall maintain such records as the Secretary determines to be necessary to comply with reporting requirements that apply under section 3684(a)(1) of this title with respect to eligible persons and veterans enrolled in an entrepreneurship course offered by the provider. -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; Pub. L. 108-183, title III, Sec. 305(a), Dec. 16, 2003, 117 Stat. 2660; Pub. L. 108-454, title I, Sec. 110(c)(1), Dec. 10, 2004, 118 Stat. 3605.) -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 2004 - Subsec. (c)(4). Pub. L. 108-454 added par. (4). 2003 - Subsec. (c). Pub. L. 108-183 added subsec. (c). 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 2004 AMENDMENT Pub. L. 108-454, title I, Sec. 110(c)(2), Dec. 10, 2004, 118 Stat. 3605, provided that: "The amendment made by paragraph (1) [amending this section] shall take effect as if included in the enactment of section 305(a) of the Veterans Benefits Act of 2003 (Public Law 108-183; 117 Stat. 2660)." EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-183 applicable to courses approved by State approving agencies after Dec. 16, 2003, see section 305(f) of Pub. L. 108-183, set out as a note under section 3452 of this title. 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. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 38 USC Sec. 3676 01/02/2006 -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. -End- -CITE- 38 USC Sec. 3677 01/02/2006 -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. (d)(1) The Secretary may conduct a pilot program under which the Secretary operates a program of training on the job under this section for a period (notwithstanding subsection (c)(2)) of up to three years in duration to train employees of the Department to become qualified adjudicators of claims for compensation, dependency and indemnity compensation, and pension. (2)(A) Not later than three years after the implementation of the pilot project, the Secretary shall submit to Congress an initial report on the pilot project. The report shall include an assessment of the usefulness of the program in recruiting and retaining of personnel of the Department as well as an assessment of the value of the program as a training program. (B) Not later than 18 months after the date on which the initial report under subparagraph (A) is submitted, the Secretary shall submit to Congress a final report on the pilot project. The final report shall include recommendations of the Secretary with respect to continuation of the pilot project and with respect to expansion of the types of claims for which the extended period of on the job training is available to train such employees. -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; Pub. L. 108-454, title I, Sec. 108, Dec. 10, 2004, 118 Stat. 3604.) -MISC1- AMENDMENTS 2004 - Subsec. (d). Pub. L. 108-454 added subsec. (d). 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. -End- -CITE- 38 USC Sec. 3678 01/02/2006 -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". -End- -CITE- 38 USC Sec. 3679 01/02/2006 -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. -End- -CITE- 38 USC SUBCHAPTER II - MISCELLANEOUS PROVISIONS 01/02/2006 -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 -End- -CITE- 38 USC Sec. 3680 01/02/2006 -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- 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. -End- -CITE- 38 USC Sec. 3680A 01/02/2006 -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