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—
the proposed program of education constitutes a “program of education” as that term is defined in this chapter;
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;
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
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.
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, § 1721Veterans’ 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”;Veterans’ Rehabilitation and Education Amendments of 1980
Pub. L. 96–466 title III § 324 · 94 Stat. 2171
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
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.Pub. L. 99–576 title III § 314(b)(1) · 100 Stat. 3248
Substituted · 38 U.S.C. § 3521
Pub. L. 99–576 substituted “Approval of application” for “Final approval of application” in section catchline
Struck · 38 U.S.C. § 3521
Pub. L. 99–576 struck out “finally” before “approve an application” in introductory provisions
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;”
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.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”; andPub. 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
- 1958Pub. L. 85–857, , 72 Stat. 1196, § 1721
- 1976Pub. L. 94–502, title III, § 310(11), , 90 Stat. 2391
- 1980Pub. L. 96–466, title III, § 324, , 94 Stat. 2196
- 1986Pub. L. 99–576, title III, § 314(b)(1), (2), , 100 Stat. 3273
- 1989Pub. L. 101–237, title IV, § 423(b)(1)(A), , 103 Stat. 2092
- 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.)