§ 3523. Disapproval of enrollment in certain courses

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. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 3523

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1196, § 1723

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1196, § 1723

2. 1960

   Pub. L. 86–785 § 4 · 74 Stat. 1023

   Substituted · 38 U.S.C. § 3523(c)

   Pub. L. 86–785 substituted “open circuit television (except as herein provided)” for “television”, and authorized the Administrator to approve enrollment in a course pursued in residence, leading to a standard college degree, which utilizes open circuit televised instruction, if the major portion of the course requires conventional classroom or laboratory attendance

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 86–785 substituted “open circuit television (except as herein provided)” for “television”, and authorized the Administrator to approve enrollment in a course pursued in residence, leading to a standard college degree, which utilizes open circuit televised instruction, if the major portion of the course requires conventional classroom or laboratory attendance.

   Enacted provision · exact public law section
   Sec. 4. Subsection (c) of section 1723 of such title is amended— (1) by deleting “television” and inserting in lieu thereof “open circuit television (except as herein provided)”; and (2) by adding at the end thereof the following sentence: “The Administrator may approve the enrollment of an eligible person in a course, to be pursued in residence, leading to a standard college degree which includes, as an integral part thereof, subjects offered through the medium of open circuit televised instruction, if the major portion of the course requires conventional classroom or laboratory attendance.”

3. 1962

   Pub. L. 87–546 · 76 Stat. 216

   Changed · 38 U.S.C. § 3523(c)

   Pub. L. 87–546 authorized the Administrator to approve enrollment in foreign educational institutions if the subjects to be taken are part of and creditable towards completion of an approved course in a “principal institution”, the tuition and fees of the foreign institution are paid by the “principal institution”, and such institution agrees to submit enrollment certificates and monthly certifications as to attendance, conduct, and progress to the Veterans’ Administration

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 87–546 authorized the Administrator to approve enrollment in foreign educational institutions if the subjects to be taken are part of and creditable towards completion of an approved course in a “principal institution”, the tuition and fees of the foreign institution are paid by the “principal institution”, and such institution agrees to submit enrollment certificates and monthly certifications as to attendance, conduct, and progress to the Veterans’ Administration.

4. 1970

   Veterans Education and Training Amendments Act of 1970

   Pub. L. 91–219 title II § 209 · 84 Stat. 76

   1. Struck · 38 U.S.C. § 3523(a)

      Pub. L. 91–219 struck out “dancing course” from the enumeration of non-approved courses

   2. Inserted · 38 U.S.C. § 3523(a)

      Pub. L. 91–219 inserted provisions directing the Administrator not to approve any enrollment in any sales or sales management course with some exceptions

   3. Struck · 38 U.S.C. § 3523(a)

      Pub. L. 91–219 struck out reference to photography, entertainment, music, and enumerated sports or athletic course

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 91–219 struck out “dancing course” from the enumeration of non-approved courses, inserted provisions directing the Administrator not to approve any enrollment in any sales or sales management course with some exceptions, and struck out reference to photography, entertainment, music, and enumerated sports or athletic course.

   Enacted provision · exact public law section
   Sec. 209. Section 1723(a) of title 38, United States Code, is amended Enrollment; excepted courses. 72 Stat. 1196. to read as follows: “(a) The Administrator shall not approve the enrollment of an eligible person 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, unless the eligible person or the institution offering such course submits justification showing that at least one-half of the persons completing such course over the preceding two-year period have been employed in the sales or sales management field; or “(3) any type of course which the Administrator finds to be a vocational or recreational in character unless the eligible person submits justification showing that the course will be of bona fide use in the pursuit of his present or contemplated business or occupation.”

5. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 § 311(1) · 86 Stat. 1074

   1. Struck · 38 U.S.C. § 3523(c)

      Pub. L. 92–540, § 311(1), struck out prohibition on approval by the Administrator of the enrollment of an eligible person in any course of apprentice or other training on the job

   2. Inserted · 38 U.S.C. § 3523(c)

      Pub. L. 92–540, § 311(1), inserted provision authorizing approval of correspondence courses as provided in section 1786 of this title

   3. Substituted · 38 U.S.C. § 3523(c)

      Pub. L. 92–540, § 311(1), substituted provision relating to approval by the Administrator of enrollment at an educational institution not located in a State or the Republic of the Philippines and provision authorizing the Administrator to deny or discontinue assistance, for provisions setting forth the criteria for approval by the Administrator of enrollment in a foreign educational institution in the case of any eligible person

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 92–540, § 311(1), struck out prohibition on approval by the Administrator of the enrollment of an eligible person in any course of apprentice or other training on the job, inserted provision authorizing approval of correspondence courses as provided in section 1786 of this title, and substituted provision relating to approval by the Administrator of enrollment at an educational institution not located in a State or the Republic of the Philippines and provision authorizing the Administrator to deny or discontinue assistance, for provisions setting forth the criteria for approval by the Administrator of enrollment in a foreign educational institution in the case of any eligible person.

   Enacted provision · exact public law section
   (1) amending subsection (c) to read as follows: 72 Stat. 1196; 76 Stat. 216. “(c) The Administrator shall not approve the enrollment of an eligible person in any course of institutional on-farm training, any course lo be pursued by correspondence (except as provided in section 1786 of this title), open circuit television (except as herein provided), Post, p. 1084. or a radio, or any course to be pursued at an educational institution not located in a State or in the Republic of the Philippines (except as herein provided). The Administrator may approve the enrollment of an eligible person in a course, to be pursued in residence, leading to a standard college degree which includes, as an integral part thereof, subjects offered through the medium of open circuit televised instruction, if the major portion of the course requires conventional classroom or laboratory attendance. The Administrator may approve the enrollment at an educational institution which is not located in a State or in the Republic of the Philippines if such program is pursued at an approved educational institution of higher learning. The Administrator in his discretion may deny or discontinue the educational assistance under this chapter of any eligible person in a foreign educational institution if he finds that such enrollment is not in the best interest of the eligible person or the Government.”; and

6. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 § 311(2) · 86 Stat. 1074

   Inserted · 38 U.S.C. § 3523(d)

   Pub. L. 92–540, § 311(2), inserted “(except as provided in section 1733 of this title)” after “regular secondary school education”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 92–540, § 311(2), inserted “(except as provided in section 1733 of this title)” after “regular secondary school education”.

   Enacted provision · exact public law section
   (2) inserting “(except as provided in section 1733 of this title)” Post, p. 1084. after “regular secondary school education” in subsection (d).

7. 1974

   Vietnam Era Veterans’ Readjustment Assistance Act of 1974

   Pub. L. 93–508 § 207(1) · 88 Stat. 1578

   1. Substituted · 38 U.S.C. § 3523(a)(2)

      Pub. L. 93–508, § 207(1), substituted “or in any other course with a vocational objective, unless the” for “unless the”

   2. Substituted · 38 U.S.C. § 3523(a)(2)

      Pub. L. 93–508, § 207(1), substituted “who completed” for “completing”

   3. Substituted · 38 U.S.C. § 3523(a)(2)

      Pub. L. 93–508, § 207(1), substituted “, and who are not unavailable for employment, have been employed in the occupational category for which the course was designed to provide training” for “have been employed in the sales or sales management field”

   4. Inserted · 38 U.S.C. § 3523(a)(2)

      Pub. L. 93–508, § 207(1), inserted parenthetical provisions relating to the exclusion of persons who completed the course with assistance under this title in the computation of the number of people who completed the course

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 93–508, § 207(1), substituted “or in any other course with a vocational objective, unless the” for “unless the”, “who completed” for “completing”, and “, and who are not unavailable for employment, have been employed in the occupational category for which the course was designed to provide training” for “have been employed in the sales or sales management field”, and inserted parenthetical provisions relating to the exclusion of persons who completed the course with assistance under this title in the computation of the number of people who completed the course.

   Enacted provision · exact public law section
   (1) by amending subsection (a) (2) to read as follows: “(2) any sales or sales management course which does not provide Sales or sales management courses, disapproval. specialized training within a specific vocational field, or in any other course with a vocational objective, unless the eligible person or the institution offering such course submits justification showing that at least one-half of the persons who completed such course over the preceding two-year period, and who are not unavailable for employment, have been employed in the occupational category for which the course was designed to provide training (but in computing the number of persons who completed such course over any such two-year period, there shall not be included the number of persons who completed such course with assistance under this title while serving on active duty); or”;

8. 1974

   Vietnam Era Veterans’ Readjustment Assistance Act of 1974

   Pub. L. 93–508 § 207(2) · 88 Stat. 1578

   Substituted · 38 U.S.C. § 3523(a)(3)

   Pub. L. 93–508, § 207(2), substituted “in character (or the advertising for which he finds contains significant avocational or recreational themes) unless the” for “in character unless the”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 93–508, § 207(2), substituted “in character (or the advertising for which he finds contains significant avocational or recreational themes) unless the” for “in character unless the”.

   Enacted provision · exact public law section
   (2) by inserting in subsection (a) (3) “(or the advertising for which he finds contains significant avocational or recreational themes)” after “character”;

9. 1974

   Vietnam Era Veterans’ Readjustment Assistance Act of 1974

   Pub. L. 93–508 § 207(3) · 88 Stat. 1578

   Substituted · 38 U.S.C. § 3523(c)

   Pub. L. 93–508, § 207(3), substituted “an eligible person in any course to be” for “an eligible person in any course of institutional on-farm training, any course to be”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 93–508, § 207(3), substituted “an eligible person in any course to be” for “an eligible person in any course of institutional on-farm training, any course to be”.

   Enacted provision · exact public law section
   (3) by striking out in subsection (c) “any course of institutional on-farm training,”; and

10. 1974

    Vietnam Era Veterans’ Readjustment Assistance Act of 1974

    Pub. L. 93–508 § 207(4) · 88 Stat. 1578

    Substituted · 38 U.S.C. § 3523(d)

    Pub. L. 93–508, § 207(4), substituted “course not leading to a standard college degree if the” for “course to be pursued below the college level if the”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 93–508, § 207(4), substituted “course not leading to a standard college degree if the” for “course to be pursued below the college level if the”.

    Enacted provision · exact public law section
    (4) by striking out in subsection (d) “to be pursued below the college level” and inserting in lieu thereof “not leading to a standard college degree”.

11. 1976

    Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 title III · 90 Stat. 2383

    1. Substituted · 38 U.S.C. § 3523(a)

       Pub. L. 94–502, §§ 306, 310(12), substituted “the Administrator finds contains” for “he finds contains”

    2. Added · 38 U.S.C. § 3523(a)

       Pub. L. 94–502, §§ 306, 310(12), added cl. (4)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–502, §§ 306, 310(12), substituted “the Administrator finds contains” for “he finds contains” and added cl. (4).

    Enacted provision · exact public law
    TITLE III— CHAPTER 35 SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE RATE AND PROGRAM ADJUSTMENTS Sec. 301. Chapter 35 of title 38, United States Code, is amended— (1) by striking out in section 1732(b) “$217” and inserting in 38 USC 1732. lieu thereof “$235”; and (2) by amending subsection (a) of section 1742 to read as 38 USC 1742. follows: “(a) While the eligible person is enrolled in and pursuing a full-time course of special restorative training, the parent or guardian shall be entitled to receive on behalf of such person a special training allowance computed at the basic rate of $292 per month. If the charges for tuition and fees applicable to any such course are more than $92 per calendar month, the basic monthly allowance may be increased by the amount that such charges exceed $92 a month, upon election by the parent or guardian of the eligible person to have such person’s period of entitlement reduced by one day for each $9.76 that the special training allowance paid exceeds the basic monthly allowance.”. Sec. 302. Section 1701 (a) of title 38, United States Code, is amended 38 USC 1701. by adding at the end thereof the following new paragraphs: “(10) For the purposes of this chapter and chapter 36 of this title, “Institution of higher learning.” 38 USC 1770.« seq. the term ‘institution of higher learning’ means a college, university, or similar institution, including a technical or business school, offering postsecondary level academic instruction that leads to an associate or higher degree if the school is empowered by the appropriate State education authority under State law to grant an associate or higher degree. When there is no State law to authorize the granting of a degree, the school may be recognized as an institution of higher learning if it is accredited for degree programs by a recognized accrediting agency. Such term shall also include a hospital offering educational programs at the postsecondary level without regard to whether the hospital grants a post secondary degree. “(11) For the purposes of this chapter and chapter 36 of this title, “Standard college degree.” 38 USC 1770.et seq. the term ‘standard college degree’ means an associate or higher degree awarded by (A) an institution of higher learning that is accredited as a collegiate institution by a recognized regional or national accrediting agency; or (B) an institution of higher learning that is a ‘candidate’ for accreditation as that term is used by the regional or national accrediting agencies; or (C) an institution of higher learning upon completion of a course which is accredited by an agency recognized to accredit specialized degree-level programs. For the purpose of this section, the accrediting agency must be one recognized by the Commissioner of Education under the provisions of section 1775 of this 38 USC 1775. title.”. Sec. 303. Section 1711 of title 38, United States Code, as amended— (1) by striking out in subsection (a) “thirty-six” and inserting in lieu thereof “45”; and (2) by striking out in subsection (b) “nine” and inserting in lieu thereof “12”. Sec. 304. Section 1712 of title 38, United States Code, is amended— (1) by striking out in clauses (3) and (4) of subsection (a) “five” each time it appears and inserting in lieu thereof “8”; (2) by amending clause (5) of subsection (a) to read as follows: “(5) (A) if such person is enrolled in an educational institution regularly operated on the quarter or semester system and such period ends during a quarter or semester, such period shall be extended to the end of the quarter or semester; or “(B) if such person is enrolled in an educational institution operated on other than a quarter or semester system and such period ends after a major portion of the course is completed, such period shall be extended to the end of the course, or until 12 weeks have expired, whichever first occurs.”; and (3) by repealing subsection (d) and redesignating subsections (e), (f), and (g), as subsections (d), (o), and (f), respectively. Sec. 305. Section 1713 of title 38, United States Code, is amended to read as follows: “The parent or guardian of a person or the eligible person if such person has attained legal majority for whom educational assistance is sought under this chapter shall submit an application to the Administrator which shall be in such form and contain such information as the Administrator shall prescribe. If the Administrator finds that the person on whose behalf the application is submitted is an eligible person, the Administrator shall approve the application provisionally. The Administrator shall notify the parent or guardian or eligible person (if the person has attained legal majority) of the provisional approval or of the disapproval of the application.”. Sec. 306. Section 1723(a) of title 38, United States Code, is amended— (1) by striking out at the end of clause (2) “or”; (2) by striking out at the end of clause (3) the period and inserting in lieu thereof “; or”; and (3) by adding at the end thereof a new clause (4) as follows: “(4) any independent study program except one leading to a Standard college degree.”. Sec. 307. Section 1724 of title 38, United States Code, is amended by inserting immediately after the first sentence thereof the following: “Unless the Administrator finds there are mitigating circumstances, progress will be considered unsatisfactory at any time an eligible person is not progressing at a rate that will permit such person to graduate within the approved length of the course based on the framing time as certified to the Veterans’ Administration.”. Sec. 308. Section 1732(c) of title 38, United States Code, is amended by adding a new paragraph (3) at the end thereof as follows: “(3) The, monthly educational assistance allowance to be paid on behalf of an eligible person pursuing an independent study program which leads to a standard college degree shall be computed at the rate prescribed in section 1682(e) of this title.”. Sec. 309. (a) The title of chapter 35 of title 38, United States Code, is amended by striking out “CHAPTER 35— WAR ORPHANS’ AND WIDOWS’ EDUCATIONAL ASSISTANCE” and inserting in lieu thereof “CHAPTER 35— SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE” (b) The table of chapters at the beginning of title 38, United States Code, and the table of chapters at the beginning of part III of such title are each amended by striking out “35. War Orphans’ and Widows’ Education Assistance and inserting in lieu thereof “35. Survivors’ and Dependents’ Educational Assistance (c) Section 1731(a) is amended by striking out “section 1780” and 38 USC 1731. inserting in lien thereof “chapter 36”. Sec. 310. Chapter 35 of title 38, United States Code, is amended— (1) by striking out in section 1700 “widows”, “wives”, and “his” 38 USC 1700. each time they appear and inserting in lieu thereof “surviving spouses”, “spouses”, and “the veteran’s”, respectively; (2) by striking out in section 1701(a) “widow” and “wife” 38 USC 1701. each time they appear and inserting in lieu thereof “surviving spouse” and “spouse”, respectively; (3) by striking out in section 1701(b) “his” and inserting in lieu thereof “the person’s” and by striking out “himself”; (4) by striking out. in section 1701 (c) “his” each time it appears and inserting in lieu thereof “such person’s” and by striking out “himself”; (5) by striking out in section 1701(d) “he” each time it appears and inserting in lieu thereof “such person”; (6) by striking out in section 1711(b) “she” the first time it 38 USC 1711. appears and inserting in lieu thereof “the spouse”, by striking out “her” each time it appears and inserting in lieu thereof “such person’s”, and by striking out “he or she” each time it appears and inserting in lieu thereof “such person”; (7) by striking out in section 1712(a) “him”, “his”, and “he” 38 USC 1712. each time they appear and inserting in lieu thereof “the person”, “the person’s, and “the person”, respectively; (8) by striking out in section 1712(c) “him”, “he”, “his” each time they appear and inserting in lieu thereof “such person”, “such person”, and “such person’s”, respectively; (9) by striking out in subsections (c) and (i) of section 1712 (as redesignated by section 304(3) of this Act) “her” and “he” and inserting in lieu thereof “the” and “such person”, respectively; (10) by striking out in section 1720(a) “his” each time it 38 USC 1720. appears and inserting in lieu thereof “such person’s”; (11) by striking out in section 1721 “he” and inserting in lieu 38 USC 1721. thereof “the Administrator”; (12) by striking out in section 1723(a) “he” and “his” and inserting in lieu thereof “the Administrator” and “the person’s”, respectively; (13) by striking out in section 1723(c) “his” and “he” and inserting in lieu thereof “the Administrator’s” and “the Administrator”, respectively; (14) by striking out in section 1723(d) “his” each time it appears and insetting in lieu thereof “such person’s”; (15) by striking out in section 1724 “he” the first time it appears and inserting in lieu thereof “such person”, by striking out “his” each time it appears and inserting in lieu thereof “the person’s”, and by striking out “he” the second time it appears and inserting in lieu thereof “the Administrator”; (16) by striking out in section 1731(b) “his” and “he” and inserting in lieu thereof “the person’s” and “the person”, respectively; (17) by striking out in section 1733(a) “wife or widow” and “she” and inserting in lieu thereof “spouse or surviving spouse” and “such spouse”, respectively; (18) by striking out in section 1733(b) “he” and inserting in lieu thereof “such person”; (19) by striking out in section 1734(b) “wife or widow” and inserting in lieu thereof “spouse or surviving spouse”; (20) by striking out in section 1736 “he” and inserting in lieu thereof “the Administrator”; (21) by striking out in section 1741(b) “he” and inserting in lieu thereof “the Administrator”; (22) by striking out in subsections (a) and (b) of section 1743 “his” and “he” each time they appear and inserting in lieu thereof “the Administrator’s” and “the Administrator”, respectively; (23) by striking out in section 1761(a) “he” and inserting in lieu thereof “the Administrator”; and (24) by striking out in section 1763 “his” and inserting in lieu thereof “such person’s”.

12. 1976

    Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 § 310(13) · 90 Stat. 2383

    1. Substituted · 38 U.S.C. § 3523(c)

       Pub. L. 94–502, § 310(13), substituted “the Administrator’s” for “his”

    2. Substituted · 38 U.S.C. § 3523(c)

       Pub. L. 94–502, § 310(13), substituted “if the Administrator finds” for “if he finds”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 94–502, § 310(13), substituted “the Administrator’s” for “his” and “if the Administrator finds” for “if he finds”.

    Enacted provision · exact public law section
    (13) by striking out in section 1723(c) “his” and “he” and inserting in lieu thereof “the Administrator’s” and “the Administrator”, respectively;

13. 1976

    Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 § 310(14) · 90 Stat. 2383

    Substituted · 38 U.S.C. § 3523(d)

    Pub. L. 94–502, § 310(14), substituted “such person’s” for “his” in two places

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 94–502, § 310(14), substituted “such person’s” for “his” in two places.

    Enacted provision · exact public law section
    (14) by striking out in section 1723(d) “his” each time it appears and insetting in lieu thereof “such person’s”;

14. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 325 · 94 Stat. 2171

    1. Amended · 38 U.S.C. § 3523(a)

       Pub. L. 96–466, § 325, designated existing provisions as par. (1)

    2. Redesignated · 38 U.S.C. § 3523(a)

       Pub. L. 96–466, § 325, redesignated cls. (1), (2), (3), and (4) as (A), (B), (C), and (D), respectively, and in cl. (B) as so redesignated

    3. Struck · 38 U.S.C. § 3523(a)

       Pub. L. 96–466, § 325, struck out reference to any sales or management course which does not provide specialized training within a specific vocational field

    4. Substituted · 38 U.S.C. § 3523(a)

       Pub. L. 96–466, § 325, substituted reference to presenting evidence showing that at least one-half of the persons who completed such course over such period attained employment for an average of ten hours a week in an occupational category for which the course was designed to provide training for reference to submitting justification showing that at least one-half of the persons who completed such course over the preceding two-year period (but excluding persons who completed such course with assistance under this title while serving on active duty) have been employed in the occupational category for which the course was designed to provide training

    5. Added · 38 U.S.C. § 3523(a)

       Pub. L. 96–466, § 325, added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–466, § 325, designated existing provisions as par. (1), redesignated cls. (1), (2), (3), and (4) as (A), (B), (C), and (D), respectively, and in cl. (B) as so redesignated, struck out reference to any sales or management course which does not provide specialized training within a specific vocational field and substituted reference to presenting evidence showing that at least one-half of the persons who completed such course over such period attained employment for an average of ten hours a week in an occupational category for which the course was designed to provide training for reference to submitting justification showing that at least one-half of the persons who completed such course over the preceding two-year period (but excluding persons who completed such course with assistance under this title while serving on active duty) have been employed in the occupational category for which the course was designed to provide training, and added par. (2).

    Enacted provision · exact public law section
    Sec. 325. modification of 50-percent employment rule for vocational courses Section 1723(a) is amended by— (1) inserting “(1)” before “The”; (2) redesignating clauses (1), (2), (3), and (4) as clauses (A), (B), (C), and (D), respectively; (3) amending clause (B) of paragraph (1), as redesignated by clause (2) of this section, to read as follows: “(B) any course with a vocational objective, unless the eligible person or the institution offering such course presents evidence satisfactory to the Administrator showing that at least one-half of the persons who completed such course over such period, and who are not unavailable for employment, attained employment for an average of ten hours a week in an occupational category for which the course was designed to provide training”; and (4) adding at the end the following new paragraph: “(2) (A) For the purposes of clause (B) of paragraph (1) of this subsection, in computing the number of persons who discontinued or completed a course over any two-year period, there shall not be included in such number those persons who received assistance under this title for pursuing such course while serving on active duty. “(B) The provisions of clause (B) of paragraph (1) of this subsection shall not apply in the case of a particular course offered by an educational institution in a particular year if the total number of 38 USC 1652. eligible veterans (as defined in section 1652(a)(1) of this title) and eligible persons enrolled in the institution during the two-year period preceding such year did not exceed 35 percent of the total enrollment in such institution during such period and the course has met the requirements of such clause for any two-year period ending on or after the date of the enactment of this paragraph. “(C) The Administrator may waive the requirements under clause Requirements, waiver. (B) of paragraph (1) of this subsection if the Administrator determines, under regulations which the Administrator shall prescribe, that such requirements would work an undue administrative hardship on an educational institution because of the small proportion of eligible veterans (as defined in section 1652(a)(1) of this title) and 38 USC 1652. eligible persons enrolled in such institution.”.

15. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 326 · 94 Stat. 2171

    1. Struck · 38 U.S.C. § 3523(c)

       Pub. L. 96–466, § 326, struck out provisions relating to the approval of the enrollment of an eligible person in any course to be pursued by correspondence or any course to be pursued at an educational institution not located in a State or in the Republic of the Philippines

    2. Substituted · 38 U.S.C. § 3523(c)

       Pub. L. 96–466, § 326, substituted reference to subjects offered through open circuit television for reference to subjects offered through the medium of open circuit televised instruction, if the major portion of the course requires conventional classroom or laboratory attendance

    3. Struck · 38 U.S.C. § 3523(c)

       Pub. L. 96–466, § 326, struck out provisions permitting the Administrator to deny or discontinue the educational assistance of any eligible person in a foreign educational institution upon a finding that such enrollment is not in the best interest of the eligible person or the Government

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–466, § 326, struck out provisions relating to the approval of the enrollment of an eligible person in any course to be pursued by correspondence or any course to be pursued at an educational institution not located in a State or in the Republic of the Philippines, substituted reference to subjects offered through open circuit television for reference to subjects offered through the medium of open circuit televised instruction, if the major portion of the course requires conventional classroom or laboratory attendance, and struck out provisions permitting the Administrator to deny or discontinue the educational assistance of any eligible person in a foreign educational institution upon a finding that such enrollment is not in the best interest of the eligible person or the Government.

    Enacted provision · exact public law section
    Sec. 326. approval of courses offered through open circuit television Subsection (c) of section 1723 is amended to read as 38 USC 1723. follows: “(c) The Administrator shall not approve the enrollment of an eligible person in any course to be pursued by radio or by open circuit television, except that the Administrator may approve the enrollment of an eligible person in a course, to be pursued in residence, leading to a standard college degree which includes, as an integral part thereof, subjects offered through open circuit television.”.

16. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 327(b) · 94 Stat. 2171

    Added · 38 U.S.C. § 3523(e)

    Pub. L. 96–466, § 327(b), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 96–466, § 327(b), added subsec. (e).

    Enacted provision · exact public law section
    (b) Section 1723 is amended by adding at the end the following new 38 USC 1723. subsection: “(e) An eligible person may not enroll in any course at an educational institution which is not located in a State or in the Republic of the Philippines, unless such course is pursued at an approved institution of higher learning and the course is approved by the Administrator. The Administrator, in the Administrator’s discretion, may deny or discontinue educational assistance under this chapter in the case of any eligible person in such an institution if the Administrator determines that such enrollment is not in the best interest of the eligible person or the Federal Government.”.

17. 1982

    Veterans’ Compensation, Education, and Employment Amendments of 1982

    Pub. L. 97–306 § 202(b) · 96 Stat. 1429

    1. Struck · 38 U.S.C. § 3523(a)

       Pub. L. 97–306, § 202(b), struck out designation “(1)” before “The Administrator”

    2. Redesignated · 38 U.S.C. § 3523(a)

       Pub. L. 97–306, § 202(b), redesignated cls. (A) to (D) as (1) to (4), respectively, in cl. (2) as so redesignated

    3. Substituted · 38 U.S.C. § 3523(a)

       Pub. L. 97–306, § 202(b), substituted “any sales or sales management course which does not provide specialized training within a specific vocational field;” for “any course with a vocational objective, unless the eligible person or the institution offering such course presents evidence satisfactory to the Administrator showing that at least one-half of the persons who completed such course over such period, and who are not unavailable for employment, attained employment for an average of ten hours a week in an occupational category for which the course was designed to provide training;”

    4. Struck · 38 U.S.C. § 3523(a)

       Pub. L. 97–306, § 202(b), struck out par. (2) which had provided exceptions to the provisions of par. (1)(B) for persons pursuing the course while serving on active duty, institutions with an enrollment not exceeding 35 percent of eligible veterans and eligible persons, and instances of administrative hardship to the institution

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–306, § 202(b), struck out designation “(1)” before “The Administrator”, redesignated cls. (A) to (D) as (1) to (4), respectively, in cl. (2) as so redesignated, substituted “any sales or sales management course which does not provide specialized training within a specific vocational field;” for “any course with a vocational objective, unless the eligible person or the institution offering such course presents evidence satisfactory to the Administrator showing that at least one-half of the persons who completed such course over such period, and who are not unavailable for employment, attained employment for an average of ten hours a week in an occupational category for which the course was designed to provide training;”, and struck out par. (2) which had provided exceptions to the provisions of par. (1)(B) for persons pursuing the course while serving on active duty, institutions with an enrollment not exceeding 35 percent of eligible veterans and eligible persons, and instances of administrative hardship to the institution.

    Enacted provision · exact public law section
    (b) Section 1723(a) is amended— 38 USC 1723. (1) by striking out “(1)” before “The”; (2) by redesignating clause (A) as clause (1); (3) by striking out clause (B) and inserting in lieu thereof the following: “(2) any sales or sales management course which does not provide specialized training within a specific vocational field;”; (4) by redesignating clauses (C) and (D) as clauses (3) and (4), respectively; and (5) by striking out paragraph (2).

    Effective date note
    Pub. L. 97–306, title II, § 202(c), Oct. 14, 1982, 96 Stat. 1433, provided that: “The amendments made by this section [amending this section and section 1673 [renumbered 3473] of this title] shall take effect on October 1, 1982.”

18. 1989

    Veterans Education and Employment Amendments of 1989

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

    1. Substituted · 38 U.S.C. § 3523

       Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing in subsecs. (a) to (e)

    2. Substituted · 38 U.S.C. § 3523

       Pub. L. 101–237 substituted “Secretary’s” for “Administrator’s” in subsec. (e)

    Source evidence

    Code amendment note
    Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing in subsecs. (a) to (e) and substituted “Secretary’s” for “Administrator’s” in subsec. (e).

    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

19. 1991

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

    Changed · 38 U.S.C. § 3523

    Pub. L. 102–83, § 5(a), renumbered section 1723 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1723 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.

20. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3523(d)

    Pub. L. 102–83, § 5(c)(1), substituted “3533” for “1733”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “3533” for “1733”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

21. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 title III § 313(a)(7) · 106 Stat. 4320

    Substituted · 38 U.S.C. § 3523(a)(4)

    Pub. L. 102–568 substituted “an accredited independent study program” for “one”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 102–568 substituted “an accredited independent study program” for “one”.

    Enacted provision · exact public law section
    (7) Section 3523(a)(4) is amended by striking out “one” and all that follows and inserting in lieu thereof “an accredited independent study program leading to a standard college degree.”.

22. 1996

    Veterans’ Insurance Reform Act of 1996

    Pub. L. 104–275 § 104(b)(1) · 110 Stat. 3322

    Inserted · 38 U.S.C. § 3523(a)(4)

    Pub. L. 104–275, § 104(b)(1), inserted “(including open circuit television)” after “accredited independent study program”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 104–275, § 104(b)(1), inserted “(including open circuit television)” after “accredited independent study program”.

    Enacted provision · exact public law section
    “(1) in subsection (a)(4), by inserting “(including open circuit television)” after “independent study program” the second place it appears; and

23. 1996

    Veterans’ Insurance Reform Act of 1996

    Pub. L. 104–275 § 104(b)(2) · 110 Stat. 3322

    Substituted · 38 U.S.C. § 3523(c)

    Pub. L. 104–275, § 104(b)(2), substituted “radio.” for “radio or by open circuit television, except that the Secretary may approve the enrollment of an eligible person in a course, to be pursued in residence, leading to a standard college degree which includes, as an integral part thereof, subjects offered through open circuit television.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–275, § 104(b)(2), substituted “radio.” for “radio or by open circuit television, except that the Secretary may approve the enrollment of an eligible person in a course, to be pursued in residence, leading to a standard college degree which includes, as an integral part thereof, subjects offered through open circuit television.”

    Enacted provision · exact public law section
    “(2) in subsection (c), by striking out “radio” and all that follows through the end and inserting in lieu thereof “radio.”,

38 of 42 references resolved to an enrolled provision · 4 partial