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Title 38 — Veterans’ Benefits

Part III · Chapter 35 — Survivors’ and Dependents’ Educational Assistance

§ 3521. Approval of application

Statutory text

The Secretary shall approve an application if the Secretary finds that—

(1)

the proposed program of education constitutes a “program of education” as that term is defined in this chapter;

(2)

the eligible person is not already qualified, by reason of previous education or training, for the educational, professional, or vocational objective for which the program of education is offered;

(3)

the eligible person’s proposed educational institution or training establishment is in compliance with all the requirements of this chapter and chapter 36 of this title; and

(4)

it does not appear that the enrollment in or pursuit of such person’s program of education would violate any provisions of this chapter or chapter 36 of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 85–857 · 72 Stat. 1105

    Enacted · 38 U.S.C. § 3521

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1196, § 1721

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1196, § 1721

  2. Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 title III § 310(11) · 90 Stat. 2383

    Substituted · 38 U.S.C. § 3521

    Pub. L. 94–502 substituted “if the Administrator finds” for “if he finds”

    Source evidence

    Code amendment note
    Pub. L. 94–502 substituted “if the Administrator finds” for “if he finds”.

    Enacted provision · exact public law section
    (11) by striking out in section 1721 “he” and inserting in lieu 38 USC 1721. thereof “the Administrator”;

  3. Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 title III § 324 · 94 Stat. 2171

    1. Inserted · 38 U.S.C. § 3521

      Pub. L. 96–466, among other changes, inserted provision conditioning approval of an application upon the educational institution’s or training establishment’s compliance with all the requirements of this chapter and chapter 36 of this title

    2. Substituted · 38 U.S.C. § 3521

      Pub. L. 96–466, among other changes, substituted reference to the enrollment in or pursuit of such person’s program of education violating any provisions of this chapter or chapter 36 of this title for reference to the pursuit of such program violating any provision of this chapter

    Source evidence

    Code amendment note
    Pub. L. 96–466, among other changes, inserted provision conditioning approval of an application upon the educational institution’s or training establishment’s compliance with all the requirements of this chapter and chapter 36 of this title and substituted reference to the enrollment in or pursuit of such person’s program of education violating any provisions of this chapter or chapter 36 of this title for reference to the pursuit of such program violating any provision of this chapter.

    Enacted provision · exact public law section
    Sec. 324. clarification of authority of administrator to disapprove an application for benefits The text of section 1721 is amended to read as follows: “The Administrator shall finally approve an application if the Administrator finds that— “(1) section 1720 of this title has been complied with; “(2) the proposed program of education constitutes a ‘program of education’ as that term is defined in this chapter; “(3) the eligible person is not already qualified, by reason of previous education or training, for the educational, professional, or vocational objective for which the program of education is offered; “(4) the eligible person’s proposed educational institution or training establishment is in compliance with all the 38 USC 1770 et seq. requirements of this chapter and chapter 36 of this title; and “(5) it does not appear that the enrollment in or pursuit of such person’s program of education would violate any provisions of this chapter or chapter 36 of this title.”.

    Effective date note
    Amendment by Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(c) of Pub. L. 96–466, set out as a note under section 3452 of this title.

  4. Pub. L. 99–576 title III § 314(b)(1) · 100 Stat. 3248

    1. Substituted · 38 U.S.C. § 3521

      Pub. L. 99–576 substituted “Approval of application” for “Final approval of application” in section catchline

    2. Struck · 38 U.S.C. § 3521

      Pub. L. 99–576 struck out “finally” before “approve an application” in introductory provisions

    3. Struck · 38 U.S.C. § 3521

      Pub. L. 99–576 struck out former cl. (1) which read “section 1720 of this title has been complied with;”

    4. Redesignated · 38 U.S.C. § 3521

      Pub. L. 99–576 redesignated cls. (2) to (5) as cls. (1) to (4), respectively

    Source evidence

    Code amendment note
    Pub. L. 99–576 substituted “Approval of application” for “Final approval of application” in section catchline, struck out “finally” before “approve an application” in introductory provisions, struck out former cl. (1) which read “section 1720 of this title has been complied with;”, and redesignated cls. (2) to (5) as cls. (1) to (4), respectively.

    Enacted provision · exact public law section
    (1) Section 1721 is amended— (A) by striking out “finally”; (B) by striking out clause (1); and (C) by redesignating clauses (2), (3), (4), and (5) as clauses (1), (2), (3), and (4), respectively.

  5. Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 title IV § 423(b)(1)(A) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3521

    Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and

  6. Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 3521

    Pub. L. 102–83 renumbered section 1721 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83 renumbered section 1721 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

9 of 10 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1976–1991 · 5 rounds

1991

Pub. L. 102–83 renumbered section 1721 of this title as this section.

1989

Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

1986

Pub. L. 99–576 substituted “Approval of application” for “Final approval of application” in section catchline, struck out “finally” before “approve an application” in introductory provisions, struck out former cl. (1) which read “section 1720 of this title has been complied with;”, and redesignated cls. (2) to (5) as cls. (1) to (4), respectively.

1980

Pub. L. 96–466, among other changes, inserted provision conditioning approval of an application upon the educational institution’s or training establishment’s compliance with all the requirements of this chapter and chapter 36 of this title and substituted reference to the enrollment in or pursuit of such person’s program of education violating any provisions of this chapter or chapter 36 of this title for reference to the pursuit of such program violating any provision of this chapter.

1976

Pub. L. 94–502 substituted “if the Administrator finds” for “if he finds”.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–466 effective , except as otherwise specifically provided, see section 802(c) of Pub. L. 96–466, set out as a note under section 3452 of this title.

Effective Date of 1976 Amendment

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

Credits

1958–1991 · 6 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1196, § 1721
  2. 1976Pub. L. 94–502, title III, § 310(11), , 90 Stat. 2391
  3. 1980Pub. L. 96–466, title III, § 324, , 94 Stat. 2196
  4. 1986Pub. L. 99–576, title III, § 314(b)(1), (2), , 100 Stat. 3273
  5. 1989Pub. L. 101–237, title IV, § 423(b)(1)(A), , 103 Stat. 2092
  6. 1991renumbered § 3521, Pub. L. 102–83, § 5(a), , 105 Stat. 406.
Show as published

(Pub. L. 85–857, , 72 Stat. 1196, § 1721; Pub. L. 94–502, title III, § 310(11), , 90 Stat. 2391; Pub. L. 96–466, title III, § 324, , 94 Stat. 2196; Pub. L. 99–576, title III, § 314(b)(1), (2), , 100 Stat. 3273; Pub. L. 101–237, title IV, § 423(b)(1)(A), , 103 Stat. 2092; renumbered § 3521, Pub. L. 102–83, § 5(a), , 105 Stat. 406.)

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USLM identifier /us/usc/t38/s3521