§3689. Period of operation for approval

(a) The Secretary shall not approve the enrollment of an eligible veteran or eligible person in any course offered by an educational institution when such course has been in operation for less than two years.

(b) Subsection (a) shall not apply to-

(1) any course to be pursued in a public or other tax-supported educational institution;

(2) any course which is offered by an educational institution which has been in operation for more than two years, if such course is similar in character to the instruction previously given by such institution;

(3) any course which has been offered by an institution for a period of more than two years, notwithstanding the institution has moved to another location within the same general locality, or has made a complete move with substantially the same faculty, curricula, and students, without change in ownership;

(4) any course which is offered by a nonprofit educational institution of college level and which is recognized for credit toward a standard college degree;

(5) any course offered by a proprietary nonprofit educational institution which qualifies to carry out an approved program of education under the provisions of subchapter V of chapter 34 of this title (including those courses offered at other than the institution's principal location) if the institution offering such course has been in operation for more than two years; or

(6) any course offered by an educational institution under a contract with the Department of Defense that (A) is given on, or immediately adjacent to, a military base; (B) is available only to active duty military personnel and/or their dependents and members of the Selected Reserve of the Ready Reserve eligible for educational assistance under chapter 106 of title 10; and (C) has been approved by the State approving agency of the State in which the base is located.

The Secretary may waive the requirements of clause (6) 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.

(c) Notwithstanding the provisions of subsection (b)(1), (2), (3), or (4) of this section, the provisions of subsection (a) shall apply to any course offered by a branch or extension of-

(1) a public or other tax-supported institution where the branch or extension is located outside of the area of the taxing jurisdiction providing support to such institution; or

(2) a proprietary profit or proprietary nonprofit educational institution where the branch or extension is located beyond the normal commuting distance of such institution.

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.

(Added Pub. L. 92–540, title III, §316(2), Oct. 24, 1972, 86 Stat. 1087 , §1789; amended Pub. L. 94–502, title V, §509(b), Oct. 15, 1976, 90 Stat. 2401 ; Pub. L. 95–202, title III, §305(a)(1), Nov. 23, 1977, 91 Stat. 1442 ; Pub. L. 96–466, title VI, §601(g), Oct. 17, 1980, 94 Stat. 2208 ; Pub. L. 101–237, title IV, §§418, 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2087 , 2092; renumbered §3689, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406 .)

Prior Provisions

Provisions similar to those comprising this section were contained in former section 1675, as added by Pub. L. 89–358, §2, Mar. 3, 1966, 80 Stat. 16 ; and former section 1725, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1197 , prior to repeal by sections 401(6) and 402(2) of Pub. L. 92–540, respectively.

Amendments

1991-Pub. L. 102–83 renumbered section 1789 of this title as this section.

1989-Subsecs. (a), (b). Pub. L. 101–237, §423(b)(1)(A), substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (b)(6)(B). Pub. L. 101–237, §418, inserted "and members of the Selected Reserve of the Ready Reserve eligible for educational assistance under chapter 106 of title 10;" after "dependents".

Subsec. (c). Pub. L. 101–237, §423(b)(1)(A), substituted "Secretary" for "Administrator" wherever appearing.

1980-Subsec. (b)(5). Pub. L. 96–466 struck out reference to an approved program of education under provisions of subchapter VI of chapter 34 of this title.

1977-Subsec. (b). Pub. L. 95–202, §305(a)(1)(A), authorized the Administrator to waive the requirements of cl. (6) in whole or in part if the Administrator determines, pursuant to regulations which the Administrator prescribes, that it is in the interest of the eligible veteran and the Federal Government.

Subsec. (c). Pub. L. 95–202, §305(a)(1)(B), authorized the Administrator to waive the requirements of this subsection, in whole or in part, if the Administrator determines, pursuant to regulations which the Administrator prescribes, that it is in the interest of the eligible veteran and the Federal Government.

1976-Subsec. (b)(6). Pub. L. 94–502, §509(b)(1)–(3), added cl. (6).

Subsec. (c). Pub. L. 94–502, §509(b)(4), added subsec. (c).

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(f) of Pub. L. 96–466, set out as an Effective Date note under section 5314 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–202 effective first day of first month beginning 60 days after Nov. 23, 1977, see section 501 of Pub. L. 95–202, set out as a note under section 101 of this title.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–502 effective Dec. 1, 1976, see section 703(c) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Section Referred to in Other Sections

This section is referred to in section 3680A of this title.