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Title 38 — Veterans’ Benefits

Part III · Chapter 36 — Administration of Educational Benefits

§ 3671. Designation

Statutory text

(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)

Except as otherwise provided in this chapter, 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.

(c)

The Secretary may not recognize a State department or agency as the State approving agency for a State for purposes of this chapter if such department or agency is administered at, or colocated with, a university or university system that offers courses or programs of education that are subject to approval under this chapter by the State approving agency for that State.

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. 88–126 § 1 · 77 Stat. 158

    Enacted · 38 U.S.C. § 3671

    Added Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 158, § 1771

    Source evidence

    Code source credit
    Added Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 158, § 1771

  2. Veterans

    Pub. L. 89–358 § 3(a)(6) · 80 Stat. 12

    Substituted · 38 U.S.C. § 3671(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (6) striking out, in section 1771(a), “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”, and substituting therefor “chapters 34 and 35 of this title”;

  3. Vietnam Era Veterans’ Readjustment Assistance Act of 1972

    Pub. L. 92–540 title IV § 403(2) · 86 Stat. 1074

    Inserted · 38 U.S.C. § 3671(a)

    Pub. L. 92–540 inserted “this chapter and” after “purposes of”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 92–540 inserted “this chapter and” after “purposes of”.

    Enacted provision · exact public law section
    (2) inserting “this chapter and” after “purposes of” in section 1771(a);

  4. Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 title V § 513(a)(1) · 90 Stat. 2383

    Substituted · 38 U.S.C. § 3671(a)

    Pub. L. 94–502 substituted “such” for “his”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–502 substituted “such” for “his”.

    Enacted provision · exact public law section
    (1) by striking out in section 1771(a) “his” and inserting in lieu thereof “such”;

  5. Veterans’ Employment, Training, and Counseling Amendments of 1988

    Pub. L. 100–323 § 13(b)(4) · 102 Stat. 556

    Inserted · 38 U.S.C. § 3671(b)(1)

    Pub. L. 100–323 inserted “or fails to enter into an agreement under section 1774(a),” after “State approving agency,”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 100–323 inserted “or fails to enter into an agreement under section 1774(a),” after “State approving agency,”.

    Enacted provision · exact public law section
    (4) Section 1771(b)(1) is amended by striking out “approving Contracts. agency,” the first place it appears and inserting in lieu thereof “approving agency, or fails to enter into an agreement under section 1774(a),”.

  6. 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. § 3671(b)

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

    Source evidence

    Code amendment note
    Subsec. (b). 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

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

    Changed · 38 U.S.C. § 3671

    Pub. L. 102–83, § 5(a), renumbered section 1771 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1771 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.

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

    1. Substituted · 38 U.S.C. § 3671(b)

      Pub. L. 102–83, § 5(c)(1), substituted “3674(a)” for “1774(a)” in par. (2)

    2. Substituted · 38 U.S.C. § 3671(b)

      Pub. L. 102–83, § 5(c)(1), substituted “3672” for “1772” in par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3674(a)” for “1774(a)” in par. (1) and “3672” for “1772” in par. (2).

    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.

  9. Post-9/11 Veterans Educational Assistance Improvements Act of 2010

    Pub. L. 111–377 title II § 203(a)(2)(B) · 124 Stat. 4106

    Substituted · 38 U.S.C. § 3671(b)(2)

    Pub. L. 111–377 substituted “Except as otherwise provided in this chapter, in the case” for “In the case”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 111–377 substituted “Except as otherwise provided in this chapter, in the case” for “In the case”.

    Enacted provision · exact public law section
    (B) Section 3671(b)(2) is amended by striking “In the case” and inserting “Except as otherwise provided in this chapter, in the case”.

  10. Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 title I § 1024(a) · 134 Stat. 4932

    1. Amended · 38 U.S.C. § 3671(c)

      Pub. L. 116–315, as amended by Pub. L. 117–16

    2. Added · 38 U.S.C. § 3671(c)

      Pub. L. 116–315, as added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 116–315, as amended by Pub. L. 117–16, added subsec. (c).

    Enacted provision · exact public law section
    (a) In General.— Section 3671 of title 38, United States Code, is amended by adding at the end the following new subsection: “(c) A State department or agency may not be recognized as a State approving agency designated under this section if such State department or agency is administered at or colocated with a university or university system whose courses or programs of education would be subject to approval under this chapter by the State approving agency in that State.” .

    Effective date note
    Pub. L. 116–315, title I, § 1024(b), Jan. 5, 2021, 134 Stat. 4960, as amended by Pub. L. 117–16, § 4, June 8, 2021, 135 Stat. 283, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date that is one year after the date of the enactment of this Act [Jan. 5, 2021].”

11 of 12 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1966–2021 · 8 rounds

2021

Subsec. (c). Pub. L. 116–315, as amended by Pub. L. 117–16, added subsec. (c).

2011

Subsec. (b)(2). Pub. L. 111–377 substituted “Except as otherwise provided in this chapter, in the case” for “In the case”.

1991

Pub. L. 102–83, § 5(a), renumbered section 1771 of this title as this section.

Subsec. (b). Pub. L. 102–83, § 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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–315, title I, § 1024(b), , 134 Stat. 4960, as amended by Pub. L. 117–16, § 4, , 135 Stat. 283, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date that is one year after the date of the enactment of this Act [].”

Effective Date of 2011 Amendment

Amendment by Pub. L. 111–377 effective , see section 203(e) of Pub. L. 111–377, set out as a note under section 3034 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

1963–2021 · 10 acts
  1. 1963Added Pub. L. 88–126, § 1, , 77 Stat. 158, § 1771
  2. 1966amended Pub. L. 89–358, § 3(a)(6), , 80 Stat. 20
  3. 1972Pub. L. 92–540, title IV, § 403(2), , 86 Stat. 1090
  4. 1976Pub. L. 94–502, title V, § 513(a)(1), , 90 Stat. 2402
  5. 1988Pub. L. 100–323, § 13(b)(4), , 102 Stat. 573
  6. 1989Pub. L. 101–237, title IV, § 423(b)(1)(A), , 103 Stat. 2092
  7. 1991renumbered § 3671 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406
  8. 2011Pub. L. 111–377, title II, § 203(a)(2)(B), , 124 Stat. 4125
  9. 2021Pub. L. 116–315, title I, § 1024(a), , 134 Stat. 4960
  10. 2021Pub. L. 117–16, § 4, , 135 Stat. 283.
Show as published

(Added Pub. L. 88–126, § 1, , 77 Stat. 158, § 1771; amended Pub. L. 89–358, § 3(a)(6), , 80 Stat. 20; Pub. L. 92–540, title IV, § 403(2), , 86 Stat. 1090; Pub. L. 94–502, title V, § 513(a)(1), , 90 Stat. 2402; Pub. L. 100–323, § 13(b)(4), , 102 Stat. 573; Pub. L. 101–237, title IV, § 423(b)(1)(A), , 103 Stat. 2092; renumbered § 3671 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406; Pub. L. 111–377, title II, § 203(a)(2)(B), , 124 Stat. 4125; Pub. L. 116–315, title I, § 1024(a), , 134 Stat. 4960; Pub. L. 117–16, § 4, , 135 Stat. 283.)

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