§ 3672. Approval of courses

Footnotes

1. 1 So in original. Probably should read “Subject to paragraphs (1), (2), and (6) of section 3675(b) and sections 3680A, 3684, and 3696 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. 1963

   Pub. L. 88–126 § 1 · 77 Stat. 158

   Enacted · 38 U.S.C. § 3672

   Added Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 158, § 1772

   Source evidence

   Code source credit
   Added Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 158, § 1772

2. 1966

   Veterans

   Pub. L. 89–358 § 3(a)(7) · 80 Stat. 12

   1. Substituted · 38 U.S.C. § 3672(a)

      Pub. L. 89–358, § 3(a)(7), (8), substituted “under subchapter V of chapter 35 of this title” for “under subchapter V of this chapter” in first sentence

   2. Substituted · 38 U.S.C. § 3672(a)

      Pub. L. 89–358, § 3(a)(7), (8), substituted “chapters 34 and 35” for “this chapter” twice in first sentence, and wherever appearing in second, third, and fourth sentences

   3. Inserted · 38 U.S.C. § 3672(a)

      Pub. L. 89–358, § 3(a)(7), (8), inserted “or veteran” after “eligible person”, in first sentence

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 89–358, § 3(a)(7), (8), substituted “under subchapter V of chapter 35 of this title” for “under subchapter V of this chapter” in first sentence, and substituted “chapters 34 and 35” for “this chapter” twice in first sentence, and wherever appearing in second, third, and fourth sentences, and inserted “or veteran” after “eligible person”, in first sentence.

   Enacted provision · exact public law section
   (7) striking out in the first sentence of section 1772(a) the phrase “under subchapter V of this chapter” and inserting in lieu thereof “under subchapter V of chapter 35 of this title”; and striking out the phrase “this chapter” the first two times it appears in the first sentence of such section 1772(a), and each time such phrase appears in the second, third and fourth sentences of such section 1772(a), and each time such phrase appears in section 1772(b) and in sections 1773 and 1774, and inserting in lieu thereof “chapters 34 and 35”;

3. 1966

   Veterans

   Pub. L. 89–358 § 3(a)(7) · 80 Stat. 12

   Substituted · 38 U.S.C. § 3672(b)

   Pub. L. 89–358, § 3(a)(7), substituted “chapters 34 and 35” for “this chapter”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–358, § 3(a)(7), substituted “chapters 34 and 35” for “this chapter”.

   Enacted provision · exact public law section
   (7) striking out in the first sentence of section 1772(a) the phrase “under subchapter V of this chapter” and inserting in lieu thereof “under subchapter V of chapter 35 of this title”; and striking out the phrase “this chapter” the first two times it appears in the first sentence of such section 1772(a), and each time such phrase appears in the second, third and fourth sentences of such section 1772(a), and each time such phrase appears in section 1772(b) and in sections 1773 and 1774, and inserting in lieu thereof “chapters 34 and 35”;

4. 1970

   Veterans Education and Training Amendments Act of 1970

   Pub. L. 91–219 title II § 211 · 84 Stat. 76

   Added · 38 U.S.C. § 3672(c)

   Pub. L. 91–219 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 91–219 added subsec. (c).

   Enacted provision · exact public law section
   Sec. 211. Section 1772 of title 38, United States Code, is amended by Courses, approval. 77 Stat. 158. adding at the end thereof a new subsection (c) as follows: “(c) In the case of programs of apprenticeship where— “(1) the standards have been approved by the Secretary of Labor pursuant to section 50a of title 29 as a national apprenticeship 50 Stat. 665. program for operation in more than one State, and “(2) the training establishment is a carrier directly engaged in interstate commerce which provides such training in more than one State, the Administrator shall act as a ‘State approving agency’ as such “State approving agency.” 81 Stat. 186. term is used in section 1683 (a) (1) of this title and shall be responsible for the approval of all such programs.”

5. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 § 403(3) · 86 Stat. 1074

   1. Inserted · 38 U.S.C. § 3672(a)

      Pub. L. 92–540, § 403(3), (4), inserted “this chapter and” before “chapters 34 and 35”

   2. Substituted · 38 U.S.C. § 3672(a)

      Pub. L. 92–540, § 403(3), (4), substituted “1736” for “1737”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 92–540, § 403(3), (4), inserted “this chapter and” before “chapters 34 and 35” and substituted “1736” for “1737”.

   Enacted provision · exact public law section
   (3) inserting “this chapter and” before “chapters 34 and 35” each place it appears in section 1772;

6. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 § 403(3) · 86 Stat. 1074

   Inserted · 38 U.S.C. § 3672(b)

   Pub. L. 92–540, § 403(3), inserted “this chapter and” before “chapters 34 and 35”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 92–540, § 403(3), inserted “this chapter and” before “chapters 34 and 35”.

   Enacted provision · exact public law section
   (3) inserting “this chapter and” before “chapters 34 and 35” each place it appears in section 1772;

7. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 § 403(5) · 86 Stat. 1074

   Substituted · 38 U.S.C. § 3672(c)

   Pub. L. 92–540, § 403(5), substituted “1787(a)(1)” for “1683(a)(1)”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 92–540, § 403(5), substituted “1787(a)(1)” for “1683(a)(1)”.

   Enacted provision · exact public law section
   (5) striking out “1683(a)(1)” and inserting in lieu thereof “ 1787 (a) (1)” in section 1772 (c);

8. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 title V § 502 · 94 Stat. 2171

   Added · 38 U.S.C. § 3672(d)

   Pub. L. 96–466 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 96–466 added subsec. (d).

   Enacted provision · exact public law section
   Sec. 502. promotion of the development of programs of training on the job Section 1772 is amended by adding at the end the 38 USC 1772. following new subsection: “(d) Pursuant to regulations prescribed by the Administrator in consultation with the Secretary of Labor, the Administrator shall actively promote the development of programs of training on the job (including programs of apprenticeship) for the purposes of sections 1777 and 1787 of this title and shall utilize the services of disabled 38 USC 1777, 1787. Post, p. 2204. veterans’ outreach program specialists under section 2003A of this title to promote the development of such programs.”.

9. 1982

   Pub. L. 97–295 § 4(50)(A) · 96 Stat. 1287

   Inserted · 38 U.S.C. § 3672(a); 38 U.S.C. § 3672(b)

   Pub. L. 97–295, § 4(50)(A), inserted “of this title” after “34 and 35” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 97–295, § 4(50)(A), inserted “of this title” after “34 and 35” wherever appearing.

   Enacted provision · exact public law section
   (A) by inserting “of this title” after “34 and 35” wherever it appears; and

10. 1982

    Pub. L. 97–295 § 4(50)(B) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 3672(c)(1)

    Pub. L. 97–295, § 4(50)(B), substituted “section 2 of the Act of August 16, 1937 (popularly known as the ‘National Apprenticeship Act’) (29 U.S.C. 50a),” for “section 50a of title 29”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 97–295, § 4(50)(B), substituted “section 2 of the Act of August 16, 1937 (popularly known as the ‘National Apprenticeship Act’) (29 U.S.C. 50a),” for “section 50a of title 29”.

    Enacted provision · exact public law section
    (B) in subsection (c)(1), by striking out “section 50a of title 29” and substituting “section 2 of the Act of August 16, 1937 (popularly known as the ‘National Apprenticeship Act’) (29 U.S.C. 50a),”.

11. 1989

    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. § 3672

    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

12. 1991

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

    Changed · 38 U.S.C. § 3672

    Pub. L. 102–83, § 5(a), renumbered section 1772 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1772 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.

13. 1991

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

    Substituted · 38 U.S.C. § 3672(a)

    Pub. L. 102–83, § 5(c)(1), substituted “3536” for “1736”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3536” for “1736”.

    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.

14. 1991

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

    Substituted · 38 U.S.C. § 3672(c)

    Pub. L. 102–83, § 5(c)(1), substituted “3687(a)(1)” for “1787(a)(1)” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3687(a)(1)” for “1787(a)(1)” in concluding provisions.

    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.

15. 1991

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

    1. Substituted · 38 U.S.C. § 3672(d)

       Pub. L. 102–83, § 5(c)(1), substituted “3677 and 3687” for “1777 and 1787”

    2. Substituted · 38 U.S.C. § 3672(d)

       Pub. L. 102–83, § 5(c)(1), substituted “4103A” for “2003A”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “3677 and 3687” for “1777 and 1787” and “4103A” for “2003A”.

    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.

16. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title VI § 605(a)(1) · 108 Stat. 4645

    Added · 38 U.S.C. § 3672(e)

    Pub. L. 103–446 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–446 added subsec. (e).

    Enacted provision · exact public law section
    (1) Section 3672 38 USC 3672. is amended by adding at the end the following new subsection: “(e) A program of education exclusively by correspondence, and the correspondence portion of a combination correspondence-residence course leading to a vocational objective, that is offered by an educational institution (as defined m section 3452(c) of this title) may be approved only if (1) the educational institution is accredited by an entity recognized by the Secretary of Education, and (2) at least 50 percent of those pursuing such a program or course require six months or more to complete the program or course.”

17. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 title III § 303 · 115 Stat. 976

    1. Amended · 38 U.S.C. § 3672(d)

       Pub. L. 107–103 designated existing provisions as par. (1)

    2. Inserted · 38 U.S.C. § 3672(d)

       Pub. L. 107–103 inserted “and State approving agencies” before “shall actively promote”

    3. Added · 38 U.S.C. § 3672(d)

       Pub. L. 107–103 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 107–103 designated existing provisions as par. (1), inserted “and State approving agencies” before “shall actively promote”, and added par. (2).

    Enacted provision · exact public law section
    SEC. 303. IMPROVEMENT IN EDUCATION AND TRAINING OUTREACH SERVICES FOR SEPARATING SERVICE MEMBERS AND VETERANS. (a) Providing Outreach Through State Approving Agencies.— Section 3672(d) is amended by inserting “and State approving agencies” before “shall actively promote the development of programs of training on the job”. (b) Additional Duty.— Such section is further amended— (1) by inserting “(1)” after “(d)”; and (2) by adding at the end the following new paragraph: “(2) In conjunction with outreach services provided by the Secretary under chapter 77 of this title for education and training benefits, each State approving agency shall conduct outreach programs and provide outreach services to eligible persons and veterans about education and training benefits available under applicable Federal and State law.”.

18. 2004

    Veterans Earn and Learn Act of 2004

    Pub. L. 108–454 title I · 118 Stat. 3598

    1. Amended · 38 U.S.C. § 3672(c)

       Pub. L. 108–454, §§ 104(a), 110(b)(1), designated existing provisions as par. (1)

    2. Redesignated · 38 U.S.C. § 3672(c)

       Pub. L. 108–454, §§ 104(a), 110(b)(1), redesignated former par. (1) as subpar. (A) of par. (1)

    3. Inserted · 38 U.S.C. § 3672(c)

       Pub. L. 108–454, §§ 104(a), 110(b)(1), inserted “apprenticeship” before “standards”

    4. Redesignated · 38 U.S.C. § 3672(c)

       Pub. L. 108–454, §§ 104(a), 110(b)(1), redesignated former par. (2) as subpar. (B) of par. (1)

    5. Added · 38 U.S.C. § 3672(c)

       Pub. L. 108–454, §§ 104(a), 110(b)(1), added pars. (2) to (4)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–454, §§ 104(a), 110(b)(1), designated existing provisions as par. (1), redesignated former par. (1) as subpar. (A) of par. (1) and inserted “apprenticeship” before “standards”, redesignated former par. (2) as subpar. (B) of par. (1), and added pars. (2) to (4).

    Enacted provision · exact public law
    TITLE I— VETERANS EARN AND LEARN ACT SEC. 101. SHORT TITLE.   This title may be cited as the “Veterans Earn and Learn Act of 2004”. SEC. 102. MODIFICATION OF BENEFIT ENTITLEMENT CHARGES FOR CERTAIN ON-JOB TRAINING PROGRAMS. (a) In General.— Section 3687 is amended by adding at the end the following new subsection: “(e) (1) For each month that an individual (as defined in paragraph (3)) is paid a training assistance allowance under subsection (a), the entitlement of the individual shall be charged at a percentage rate (rounded to the nearest percent) that is equal to the ratio of— “(A) the training assistance allowance for the month involved, to “(B) the monthly educational assistance allowance otherwise payable for full-time enrollment in an educational institution.” . “(2) For any month in which an individual fails to complete 120 hours of training, the entitlement otherwise chargeable under paragraph (1) shall be reduced in the same proportion as the monthly training assistance allowance payable is reduced under subsection (b)(3). “(3) In this section, the term ‘individual’ means— “(A) an eligible veteran who is entitled to monthly educational assistance allowances payable under section 3015(e) of this title, or “(B) an eligible person who is entitled to monthly educational assistance allowances payable under section 3532(a) of this title, as the case may be.” . (b) Effective Date.— The amendment made by subsection (a) shall apply with respect to months beginning after September 30, 2005. SEC. 103. INCREASE IN BENEFIT FOR INDIVIDUALS PURSUING APPRENTICESHIP OR ON-JOB TRAINING. (a) Montgomery GI Bill.— For months beginning on or after October 1, 2005, and before January 1, 2008, subsection (c)(1) of section 3032 of title 38, United States Code, shall be applied as if— (1) the reference to “75 percent” in subparagraph (A) were a reference to “85 percent”; (2) the reference to “55 percent” in subparagraph (B) were a reference to “65 percent”; and (3) the reference to “35 percent” in subparagraph (C) were a reference to “45 percent”. (b) Post-Vietnam Era Veterans’ Educational Assistance.— For months beginning on or after October 1, 2005, and before January 1, 2008, subsection (a) of section 3233 of title 38, United States Code, shall be applied as if— (1) the reference to “75 percent” in paragraph (1) were a reference to “85 percent”; (2) the reference to “55 percent” in paragraph (2) were a reference to “65 percent”; and (3) the reference to “35 percent” in paragraph (3) were a reference to “45 percent”. (c) Survivors and Dependents Educational Assistance.— (1) For months beginning on or after October 1, 2005, and before January 1, 2008, subsection (b)(2) of section 3687 of title 38, United States Code, shall be applied as if— (A) the reference to “$574 for the first six months” were a reference to “$650 for the first six months”; (B) the reference to “$429 for the second six months” were a reference to “$507 for the second six months”; and (C) the reference to “$285 for the third six months” were a reference to “$366 for the third six months”. (2) Subsection (d) of such section 3687 shall not apply with respect to the provisions of paragraph (1) for months occurring during fiscal year 2006. (3) For months beginning on or after January 1, 2008, the Secretary shall carry out subsection (b)(2) of such section 3687 as if paragraphs (1) and (2) were not enacted into law. (d) Selected Reserve Montgomery GI Bill.— For months beginning on or after October 1, 2005, and before January 1, 2008, subsection (d)(1) of section 16131 of title 10, United States Code, shall be applied as if— (1) the reference to “75 percent” in subparagraph (A) were a reference to “85 percent”; (2) the reference to “55 percent” in subparagraph (B) were a reference to “65 percent”; and (3) the reference to “35 percent” in subparagraph (C) were a reference to “45 percent”. SEC. 104. AUTHORITY FOR COMPETENCY-BASED APPRENTICESHIP PROGRAMS. (a) In General.— Section 3672(c) is amended— (1) by striking “(1)” and “(2)” and inserting “(A)” and “(B)”, respectively; (2) by inserting “(1)” after “(c)”; and (3) by adding at the end the following new paragraphs: “(2) The period of a program of apprenticeship may be determined based upon a specific period of time (commonly referred to as a ‘time-based program’), based upon the demonstration of successful mastery of skills (commonly referred to as a ‘competency-based program’), or based upon a combination thereof. “(3) (A) In the case of a competency-based program of apprenticeship, State approving agencies shall determine the period for which payment may be made for such a program under chapters 30 and 35 of this title and chapter 1606 of title 10. In determining the period of such a program, State approving agencies shall take into consideration the approximate term of the program recommended in registered apprenticeship program standards recognized by the Secretary of Labor. “(B) The sponsor of a competency-based program of apprenticeship shall provide notice to the State approving agency involved of any such standards that may apply to the program and the proposed approximate period of training under the program. “(4) Notification. The sponsor of a competency-based program of apprenticeship shall notify the Secretary upon the successful completion of a program of apprenticeship by an individual under chapter 30 or 35 of this title, or chapter 1606 of title 10, as the case may be.” . (b) Increased Use of Apprenticeships.— Section 3672(d)(1) is amended by adding at the end the following new sentence: “The Secretary of Labor shall provide assistance and services to the Secretary, and to State approving agencies, to increase the use of apprenticeships.”. (c) Funding for Department Computer System Modifications.— From amounts appropriated to the Department of Veterans Affairs for fiscal year 2005 for readjustment benefits, the Secretary of Veterans Affairs shall use an amount not to exceed $3,000,000 to modify computer systems and to develop procedures required to carry out the amendments made by subsection (a) and sections 102 and 103. SEC. 105. TEN-YEAR EXTENSION OF DELIMITING PERIOD FOR SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE FOR SPOUSES OF MEMBERS WHO DIE ON ACTIVE DUTY.    Section 3512(b)(1) is amended— (1) in subparagraph (A), by striking “in subparagraph (B)” and inserting “in subparagraph (B) or (C)”; and (2) by adding at the end the following new subparagraph: “(C) Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph who is made eligible under section 3501(a)(1)(B) of this title by reason of the death of a person on active duty may be afforded educational assistance under this chapter during the 20-year period beginning on the date (as determined by the Secretary) such person becomes an eligible person within the meaning of such section.” . SEC. 106. AVAILABILITY OF EDUCATION BENEFITS FOR PAYMENT FOR NATIONAL ADMISSIONS EXAMS AND NATIONAL EXAMS FOR CREDIT AT INSTITUTIONS OF HIGHER EDUCATION. (a) Covered Exams.— Sections 3452(b) and 3501(a)(5) are each amended by adding at the end the following new sentence: “Such term also includes national tests for admission to institutions of higher learning or graduate schools (such as the Scholastic Aptitude Test (SAT), Law School Admission Test (LSAT), Graduate Record Exam (GRE), and Graduate Management Admission Test (GMAT)) and national tests providing an opportunity for course credit at institutions of higher learning (such as the Advanced Placement (AP) exam and College-Level Examination Program (CLEP)).”. (b) Amount of Payment.— (1) Chapter 30.— Section 3032 is amended by adding at the end the following new subsection: “(g) (1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3452(b) of this title is the amount of the fee charged for the test. “(2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of this title, as the case may be. “(3) In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual’s available entitlement under this chapter.” . (2) Chapter 32.— Section 3232 is amended by adding at the end the following new subsection: “(d) (1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3452(b) of this title is the amount of the fee charged for the test. “(2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under this chapter. “(3) In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual’s available entitlement under this chapter.” . (3) Chapter 35.— Section 3532 is amended by adding at the end the following new subsection: “(g) (1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3501(a)(5) of this title is the amount of the fee charged for the test. “(2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under this chapter. “(3) In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual’s available entitlement under this chapter.” . SEC. 107. REQUIREMENT FOR COORDINATION OF DATA AMONG THE DEPARTMENTS OF VETERANS AFFAIRS, DEFENSE, AND LABOR WITH RESPECT TO ON-JOB TRAINING.    Section 3694 is amended— (1) by striking “In carrying out” and inserting “(a) In General.—In carrying out”; and (2) by adding at the end the following new subsection: “(b) Coordination of Information Among the Departments of Veterans Affairs, Defense, and Labor With Respect to On-Job Training.— At the time of a servicemember’s discharge or release from active duty service, the Secretary of Defense shall furnish to the Secretary such pertinent information concerning each registered apprenticeship pursued by the servicemember during the period of active duty service of the servicemember. The Secretary, in conjunction with the Secretary of Labor, shall encourage and assist States and private organizations to give credit to servicemembers for the registered apprenticeship program so pursued in the case of any related apprenticeship program the servicemember may pursue as a civilian.” . SEC. 108. PILOT PROGRAM TO PROVIDE ON-JOB BENEFITS TO TRAIN DEPARTMENT OF VETERANS AFFAIRS’ CLAIMS ADJUDICATORS.    Section 3677 is amended by adding at the end the following new subsection: “(d) (1) The Secretary may conduct a pilot program under which the Secretary operates a program of training on the job under this section for a period (notwithstanding subsection (c)(2)) of up to three years in duration to train employees of the Department to become qualified adjudicators of claims for compensation, dependency and indemnity compensation, and pension. “(2) (A) Deadlines. Reports. Not later than three years after the implementation of the pilot project, the Secretary shall submit to Congress an initial report on the pilot project. The report shall include an assessment of the usefulness of the program in recruiting and retaining of personnel of the Department as well as an assessment of the value of the program as a training program. “(B) Not later than 18 months after the date on which the initial report under subparagraph (A) is submitted, the Secretary shall submit to Congress a final report on the pilot project. The final report shall include recommendations of the Secretary with respect to continuation of the pilot project and with respect to expansion of the types of claims for which the extended period of on the job training is available to train such employees.” . SEC. 109. COLLECTION OF PAYMENT FOR EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL FROM MEMBERS OF THE SELECTED RESERVE CALLED TO ACTIVE DUTY. (a) Active Duty Program.— Section 3011(b) is amended— (1) by striking “The basic pay” and inserting “(1) Except as provided in paragraph (2), the basic pay”; (2) by designating the second sentence as paragraph (3) and in that paragraph by striking “this chapter” and inserting “this subsection”; and (3) by inserting after paragraph (1), as so designated, the following new paragraph: “(2) In the case of an individual covered by paragraph (1) who is a member of the Selected Reserve, the Secretary of Defense shall collect from the individual an amount equal to $1,200 not later than one year after completion by the individual of the two years of service on active duty providing the basis for such entitlement. The Secretary of Defense may collect such amount through reductions in basic pay in accordance with paragraph (1) or through such other method as the Secretary of Defense considers appropriate.” . (b) Selected Reserve Program.— Section 3012(c) is amended— (1) by striking “The basic pay” and inserting “(1) Except as provided in paragraph (2), the basic pay”; (2) by designating the second sentence as paragraph (3) and in that paragraph by striking “this chapter” and inserting “this subsection”; and (3) by inserting after paragraph (1), as so designated, the following new paragraph: “(2) Deadline. In the case of an individual covered by paragraph (1) who is a member of the Selected Reserve, the Secretary of Defense shall collect from the individual an amount equal to $1,200 not later than one year after completion by the individual of the two years of service on active duty providing the basis for such entitlement. The Secretary of Defense may collect such amount through reductions in basic pay in accordance with paragraph (1) or through such other method as the Secretary of Defense considers appropriate.” . SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS. (a) Definition of Training Establishment.— Section 3452(e), as amended by section 301 of the Veterans Benefits Act of 2003 (Public Law 108–183; 117 Stat. 2658), is amended in paragraph (5) to read as follows: “(5) The sponsor of a program of apprenticeship.” . (b) Clarification of Applicable Apprenticeship Standards.— (1) Section 3672(c), as amended by section 105(a), is amended in subparagraph (A) by inserting “apprenticeship” before “standards”. (2) Section 3672(d)(1) is amended by striking “of programs of training on the job (including programs of apprenticeship)” and inserting “of apprenticeship and on the job training programs”. (c) Record-Keeping Requirements for Qualified Providers of Entrepreneurship Courses.— (1) Section 3675(c) is amended by adding at the end the following new paragraph: “(4) Notwithstanding paragraph (3), a qualified provider of entrepreneurship courses shall maintain such records as the Secretary determines to be necessary to comply with reporting requirements that apply under section 3684(a)(1) of this title with respect to eligible persons and veterans enrolled in an entrepreneurship course offered by the provider.” . (2) Effective date. 38 USC 3675 note. The amendment made by paragraph (1) shall take effect as if included in the enactment of section 305(a) of the Veterans Benefits Act of 2003 (Public Law 108–183; 117 Stat. 2660). (d) Authority To Pay Reporting Fee.— Section 3684(c) is amended by striking “or to any joint apprenticeship training committee acting as a training establishment” and inserting “or to the sponsor of a program of apprenticeship”.

19. 2004

    Veterans Earn and Learn Act of 2004

    Pub. L. 108–454 title I · 118 Stat. 3598

    1. Substituted · 38 U.S.C. § 3672(d)(1)

       Pub. L. 108–454, §§ 104(b), 110(b)(2), substituted “of apprenticeship and on the job training programs” for “of programs of training on the job (including programs of apprenticeship)”

    2. Inserted · 38 U.S.C. § 3672(d)(1)

       Pub. L. 108–454, §§ 104(b), 110(b)(2), inserted at end “The Secretary of Labor shall provide assistance and services to the Secretary, and to State approving agencies, to increase the use of apprenticeships.”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 108–454, §§ 104(b), 110(b)(2), substituted “of apprenticeship and on the job training programs” for “of programs of training on the job (including programs of apprenticeship)” and inserted at end “The Secretary of Labor shall provide assistance and services to the Secretary, and to State approving agencies, to increase the use of apprenticeships.”

    Enacted provision · exact public law
    TITLE I— VETERANS EARN AND LEARN ACT SEC. 101. SHORT TITLE.   This title may be cited as the “Veterans Earn and Learn Act of 2004”. SEC. 102. MODIFICATION OF BENEFIT ENTITLEMENT CHARGES FOR CERTAIN ON-JOB TRAINING PROGRAMS. (a) In General.— Section 3687 is amended by adding at the end the following new subsection: “(e) (1) For each month that an individual (as defined in paragraph (3)) is paid a training assistance allowance under subsection (a), the entitlement of the individual shall be charged at a percentage rate (rounded to the nearest percent) that is equal to the ratio of— “(A) the training assistance allowance for the month involved, to “(B) the monthly educational assistance allowance otherwise payable for full-time enrollment in an educational institution.” . “(2) For any month in which an individual fails to complete 120 hours of training, the entitlement otherwise chargeable under paragraph (1) shall be reduced in the same proportion as the monthly training assistance allowance payable is reduced under subsection (b)(3). “(3) In this section, the term ‘individual’ means— “(A) an eligible veteran who is entitled to monthly educational assistance allowances payable under section 3015(e) of this title, or “(B) an eligible person who is entitled to monthly educational assistance allowances payable under section 3532(a) of this title, as the case may be.” . (b) Effective Date.— The amendment made by subsection (a) shall apply with respect to months beginning after September 30, 2005. SEC. 103. INCREASE IN BENEFIT FOR INDIVIDUALS PURSUING APPRENTICESHIP OR ON-JOB TRAINING. (a) Montgomery GI Bill.— For months beginning on or after October 1, 2005, and before January 1, 2008, subsection (c)(1) of section 3032 of title 38, United States Code, shall be applied as if— (1) the reference to “75 percent” in subparagraph (A) were a reference to “85 percent”; (2) the reference to “55 percent” in subparagraph (B) were a reference to “65 percent”; and (3) the reference to “35 percent” in subparagraph (C) were a reference to “45 percent”. (b) Post-Vietnam Era Veterans’ Educational Assistance.— For months beginning on or after October 1, 2005, and before January 1, 2008, subsection (a) of section 3233 of title 38, United States Code, shall be applied as if— (1) the reference to “75 percent” in paragraph (1) were a reference to “85 percent”; (2) the reference to “55 percent” in paragraph (2) were a reference to “65 percent”; and (3) the reference to “35 percent” in paragraph (3) were a reference to “45 percent”. (c) Survivors and Dependents Educational Assistance.— (1) For months beginning on or after October 1, 2005, and before January 1, 2008, subsection (b)(2) of section 3687 of title 38, United States Code, shall be applied as if— (A) the reference to “$574 for the first six months” were a reference to “$650 for the first six months”; (B) the reference to “$429 for the second six months” were a reference to “$507 for the second six months”; and (C) the reference to “$285 for the third six months” were a reference to “$366 for the third six months”. (2) Subsection (d) of such section 3687 shall not apply with respect to the provisions of paragraph (1) for months occurring during fiscal year 2006. (3) For months beginning on or after January 1, 2008, the Secretary shall carry out subsection (b)(2) of such section 3687 as if paragraphs (1) and (2) were not enacted into law. (d) Selected Reserve Montgomery GI Bill.— For months beginning on or after October 1, 2005, and before January 1, 2008, subsection (d)(1) of section 16131 of title 10, United States Code, shall be applied as if— (1) the reference to “75 percent” in subparagraph (A) were a reference to “85 percent”; (2) the reference to “55 percent” in subparagraph (B) were a reference to “65 percent”; and (3) the reference to “35 percent” in subparagraph (C) were a reference to “45 percent”. SEC. 104. AUTHORITY FOR COMPETENCY-BASED APPRENTICESHIP PROGRAMS. (a) In General.— Section 3672(c) is amended— (1) by striking “(1)” and “(2)” and inserting “(A)” and “(B)”, respectively; (2) by inserting “(1)” after “(c)”; and (3) by adding at the end the following new paragraphs: “(2) The period of a program of apprenticeship may be determined based upon a specific period of time (commonly referred to as a ‘time-based program’), based upon the demonstration of successful mastery of skills (commonly referred to as a ‘competency-based program’), or based upon a combination thereof. “(3) (A) In the case of a competency-based program of apprenticeship, State approving agencies shall determine the period for which payment may be made for such a program under chapters 30 and 35 of this title and chapter 1606 of title 10. In determining the period of such a program, State approving agencies shall take into consideration the approximate term of the program recommended in registered apprenticeship program standards recognized by the Secretary of Labor. “(B) The sponsor of a competency-based program of apprenticeship shall provide notice to the State approving agency involved of any such standards that may apply to the program and the proposed approximate period of training under the program. “(4) Notification. The sponsor of a competency-based program of apprenticeship shall notify the Secretary upon the successful completion of a program of apprenticeship by an individual under chapter 30 or 35 of this title, or chapter 1606 of title 10, as the case may be.” . (b) Increased Use of Apprenticeships.— Section 3672(d)(1) is amended by adding at the end the following new sentence: “The Secretary of Labor shall provide assistance and services to the Secretary, and to State approving agencies, to increase the use of apprenticeships.”. (c) Funding for Department Computer System Modifications.— From amounts appropriated to the Department of Veterans Affairs for fiscal year 2005 for readjustment benefits, the Secretary of Veterans Affairs shall use an amount not to exceed $3,000,000 to modify computer systems and to develop procedures required to carry out the amendments made by subsection (a) and sections 102 and 103. SEC. 105. TEN-YEAR EXTENSION OF DELIMITING PERIOD FOR SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE FOR SPOUSES OF MEMBERS WHO DIE ON ACTIVE DUTY.    Section 3512(b)(1) is amended— (1) in subparagraph (A), by striking “in subparagraph (B)” and inserting “in subparagraph (B) or (C)”; and (2) by adding at the end the following new subparagraph: “(C) Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph who is made eligible under section 3501(a)(1)(B) of this title by reason of the death of a person on active duty may be afforded educational assistance under this chapter during the 20-year period beginning on the date (as determined by the Secretary) such person becomes an eligible person within the meaning of such section.” . SEC. 106. AVAILABILITY OF EDUCATION BENEFITS FOR PAYMENT FOR NATIONAL ADMISSIONS EXAMS AND NATIONAL EXAMS FOR CREDIT AT INSTITUTIONS OF HIGHER EDUCATION. (a) Covered Exams.— Sections 3452(b) and 3501(a)(5) are each amended by adding at the end the following new sentence: “Such term also includes national tests for admission to institutions of higher learning or graduate schools (such as the Scholastic Aptitude Test (SAT), Law School Admission Test (LSAT), Graduate Record Exam (GRE), and Graduate Management Admission Test (GMAT)) and national tests providing an opportunity for course credit at institutions of higher learning (such as the Advanced Placement (AP) exam and College-Level Examination Program (CLEP)).”. (b) Amount of Payment.— (1) Chapter 30.— Section 3032 is amended by adding at the end the following new subsection: “(g) (1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3452(b) of this title is the amount of the fee charged for the test. “(2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of this title, as the case may be. “(3) In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual’s available entitlement under this chapter.” . (2) Chapter 32.— Section 3232 is amended by adding at the end the following new subsection: “(d) (1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3452(b) of this title is the amount of the fee charged for the test. “(2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under this chapter. “(3) In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual’s available entitlement under this chapter.” . (3) Chapter 35.— Section 3532 is amended by adding at the end the following new subsection: “(g) (1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3501(a)(5) of this title is the amount of the fee charged for the test. “(2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under this chapter. “(3) In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual’s available entitlement under this chapter.” . SEC. 107. REQUIREMENT FOR COORDINATION OF DATA AMONG THE DEPARTMENTS OF VETERANS AFFAIRS, DEFENSE, AND LABOR WITH RESPECT TO ON-JOB TRAINING.    Section 3694 is amended— (1) by striking “In carrying out” and inserting “(a) In General.—In carrying out”; and (2) by adding at the end the following new subsection: “(b) Coordination of Information Among the Departments of Veterans Affairs, Defense, and Labor With Respect to On-Job Training.— At the time of a servicemember’s discharge or release from active duty service, the Secretary of Defense shall furnish to the Secretary such pertinent information concerning each registered apprenticeship pursued by the servicemember during the period of active duty service of the servicemember. The Secretary, in conjunction with the Secretary of Labor, shall encourage and assist States and private organizations to give credit to servicemembers for the registered apprenticeship program so pursued in the case of any related apprenticeship program the servicemember may pursue as a civilian.” . SEC. 108. PILOT PROGRAM TO PROVIDE ON-JOB BENEFITS TO TRAIN DEPARTMENT OF VETERANS AFFAIRS’ CLAIMS ADJUDICATORS.    Section 3677 is amended by adding at the end the following new subsection: “(d) (1) The Secretary may conduct a pilot program under which the Secretary operates a program of training on the job under this section for a period (notwithstanding subsection (c)(2)) of up to three years in duration to train employees of the Department to become qualified adjudicators of claims for compensation, dependency and indemnity compensation, and pension. “(2) (A) Deadlines. Reports. Not later than three years after the implementation of the pilot project, the Secretary shall submit to Congress an initial report on the pilot project. The report shall include an assessment of the usefulness of the program in recruiting and retaining of personnel of the Department as well as an assessment of the value of the program as a training program. “(B) Not later than 18 months after the date on which the initial report under subparagraph (A) is submitted, the Secretary shall submit to Congress a final report on the pilot project. The final report shall include recommendations of the Secretary with respect to continuation of the pilot project and with respect to expansion of the types of claims for which the extended period of on the job training is available to train such employees.” . SEC. 109. COLLECTION OF PAYMENT FOR EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL FROM MEMBERS OF THE SELECTED RESERVE CALLED TO ACTIVE DUTY. (a) Active Duty Program.— Section 3011(b) is amended— (1) by striking “The basic pay” and inserting “(1) Except as provided in paragraph (2), the basic pay”; (2) by designating the second sentence as paragraph (3) and in that paragraph by striking “this chapter” and inserting “this subsection”; and (3) by inserting after paragraph (1), as so designated, the following new paragraph: “(2) In the case of an individual covered by paragraph (1) who is a member of the Selected Reserve, the Secretary of Defense shall collect from the individual an amount equal to $1,200 not later than one year after completion by the individual of the two years of service on active duty providing the basis for such entitlement. The Secretary of Defense may collect such amount through reductions in basic pay in accordance with paragraph (1) or through such other method as the Secretary of Defense considers appropriate.” . (b) Selected Reserve Program.— Section 3012(c) is amended— (1) by striking “The basic pay” and inserting “(1) Except as provided in paragraph (2), the basic pay”; (2) by designating the second sentence as paragraph (3) and in that paragraph by striking “this chapter” and inserting “this subsection”; and (3) by inserting after paragraph (1), as so designated, the following new paragraph: “(2) Deadline. In the case of an individual covered by paragraph (1) who is a member of the Selected Reserve, the Secretary of Defense shall collect from the individual an amount equal to $1,200 not later than one year after completion by the individual of the two years of service on active duty providing the basis for such entitlement. The Secretary of Defense may collect such amount through reductions in basic pay in accordance with paragraph (1) or through such other method as the Secretary of Defense considers appropriate.” . SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS. (a) Definition of Training Establishment.— Section 3452(e), as amended by section 301 of the Veterans Benefits Act of 2003 (Public Law 108–183; 117 Stat. 2658), is amended in paragraph (5) to read as follows: “(5) The sponsor of a program of apprenticeship.” . (b) Clarification of Applicable Apprenticeship Standards.— (1) Section 3672(c), as amended by section 105(a), is amended in subparagraph (A) by inserting “apprenticeship” before “standards”. (2) Section 3672(d)(1) is amended by striking “of programs of training on the job (including programs of apprenticeship)” and inserting “of apprenticeship and on the job training programs”. (c) Record-Keeping Requirements for Qualified Providers of Entrepreneurship Courses.— (1) Section 3675(c) is amended by adding at the end the following new paragraph: “(4) Notwithstanding paragraph (3), a qualified provider of entrepreneurship courses shall maintain such records as the Secretary determines to be necessary to comply with reporting requirements that apply under section 3684(a)(1) of this title with respect to eligible persons and veterans enrolled in an entrepreneurship course offered by the provider.” . (2) Effective date. 38 USC 3675 note. The amendment made by paragraph (1) shall take effect as if included in the enactment of section 305(a) of the Veterans Benefits Act of 2003 (Public Law 108–183; 117 Stat. 2660). (d) Authority To Pay Reporting Fee.— Section 3684(c) is amended by striking “or to any joint apprenticeship training committee acting as a training establishment” and inserting “or to the sponsor of a program of apprenticeship”.

20. 2011

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

    Pub. L. 111–377 title II § 203(a)(1) · 124 Stat. 4106

    1. Amended · 38 U.S.C. § 3672(b)

       Pub. L. 111–377 designated existing provisions as par. (1)

    2. Added · 38 U.S.C. § 3672(b)

       Pub. L. 111–377 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–377 designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (1) In general.— Section 3672(b) is amended— (A) by inserting “(1)” after “(b)”; and (B) by adding at the end the following new paragraph: “(2) (A) Subject to sections 3675(b)(1) and (b)(2), 3680A, 3684, and 3696 of this title, the following programs are deemed to be approved for purposes of this chapter: “(i) An accredited standard college degree program offered at a public or not-for-profit proprietary educational institution that is accredited by an agency or association recognized for that purpose by the Secretary of Education. “(ii) A flight training course approved by the Federal Aviation Administration that is offered by a certified pilot school that possesses a valid Federal Aviation Administration pilot school certificate. “(iii) An apprenticeship program registered with the Office of Apprenticeship (OA) of the Employment Training Administration of the Department of Labor or a State apprenticeship agency recognized by the Office of Apprenticeship pursuant to the Act of August 16, 1937 (popularly known as the ‘National Apprenticeship Act’; 29 U.S.C. 50 et seq.). “(iv) A program leading to a secondary school diploma offered by a secondary school approved in the State in which it is operating. “(B) A licensure test offered by a Federal, State, or local government is deemed to be approved for purposes of this chapter.” .

21. 2016

    Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

    Pub. L. 114–315 § 408(a) · 130 Stat. 1536

    Substituted · 38 U.S.C. § 3672(b)(2)(A)

    Pub. L. 114–315, § 408(a), substituted “a program of education is deemed to be approved for purposes of this chapter if a State approving agency, or the Secretary when acting in the role of a State approving agency, determines that the program is one of the following programs:” for “the following programs are deemed to be approved for purposes of this chapter:” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 114–315, § 408(a), substituted “a program of education is deemed to be approved for purposes of this chapter if a State approving agency, or the Secretary when acting in the role of a State approving agency, determines that the program is one of the following programs:” for “the following programs are deemed to be approved for purposes of this chapter:” in introductory provisions.

    Enacted provision · exact public law section
    (a) Approval of Certain Courses.— Section 3672(b)(2)(A) is amended by striking “the following” and all that follows through the colon and inserting the following: “a program of education is deemed to be approved for purposes of this chapter if a State approving agency, or the Secretary when acting in the role of a State approving agency, determines that the program is one of the following programs:”.

22. 2016

    Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

    Pub. L. 114–315 § 409(d)(1) · 130 Stat. 1536

    Substituted · 38 U.S.C. § 3672(b)(2)(A)(i)

    Pub. L. 114–315, § 409(d)(1), substituted “Except as provided in subparagraph (C), an accredited” for “An accredited”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A)(i). Pub. L. 114–315, § 409(d)(1), substituted “Except as provided in subparagraph (C), an accredited” for “An accredited”.

    Enacted provision · exact public law section
    (1) in subparagraph (A)(i), by striking “An accredited” and inserting “Except as provided in subparagraph (C), an accredited”; and

23. 2016

    Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

    Pub. L. 114–315 § 409(d)(2) · 130 Stat. 1536

    Added · 38 U.S.C. § 3672(b)(2)(C)

    Pub. L. 114–315, § 409(d)(2), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 114–315, § 409(d)(2), added subpar. (C).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subparagraph: “(C) A course that is described in both subparagraph (A)(i) of this paragraph and in paragraph (14) or (15) of section 3676(c) of this title shall not be deemed to be approved for purposes of this chapter unless— “(i) a State approving agency, or the Secretary when acting in the role of a State approving agency, determines that the course meets the applicable criteria in such paragraphs; or “(ii) the Secretary issues a waiver for such course under section 3676(f)(1) of this title.” .

24. 2017

    Veterans Apprenticeship and Labor Opportunity Reform Act

    Pub. L. 115–89 § 2 · 131 Stat. 1279

    Amended · 38 U.S.C. § 3672(c)(1)

    Pub. L. 115–89 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “In the case of programs of apprenticeship where—

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 115–89 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “In the case of programs of apprenticeship where—

    “(A) the apprenticeship standards have been approved by the Secretary of Labor pursuant to section 2 of the Act of August 16, 1937 (popularly known as the ‘National Apprenticeship Act’) (29 U.S.C. 50a), as a national apprenticeship program for operation in more than one State, and “(B) the training establishment is a carrier directly engaged in interstate commerce which provides such training in more than one State, the Secretary shall act as a ‘State approving agency’ as such term is used in section 3687(a)(1) of this title and shall be responsible for the approval of all such programs.”

    Enacted provision · exact public law section
    SEC. 2. DESIGNATION OF STATE APPROVING AGENCIES FOR MULTI-STATE APPRENTICESHIP PROGRAMS.   Paragraph (1) of subsection (c) of section 3672 of title 38, United States Code, is amended to read as follows: “(1) (A) The State approving agency for a multi-State apprenticeship program is— “(i) for purposes of approval of the program, the State approving agency for the State in which the headquarters of the apprenticeship program is located; and “(ii) for all other purposes, the State approving agency for the State in which the apprenticeship program takes place. “(B) In this paragraph, the term ‘multi-State apprenticeship program’ means a non-Federal apprenticeship program operating in more than one State that meets the minimum national program standards, as developed by the Department of Labor.” .

25. 2021

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

    Pub. L. 116–315 § 1015(b) · 134 Stat. 4932

    Amended · 38 U.S.C. § 3672(b)(2)(A)(i)

    Pub. L. 116–315, § 1015(b), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “Except as provided in subparagraph (C) or (D), an accredited standard college degree program offered at a public or not-for-profit proprietary educational institution that is accredited by an agency or association recognized for that purpose by the Secretary of Education.”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A)(i). Pub. L. 116–315, § 1015(b), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “Except as provided in subparagraph (C) or (D), an accredited standard college degree program offered at a public or not-for-profit proprietary educational institution that is accredited by an agency or association recognized for that purpose by the Secretary of Education.”

    Enacted provision · exact public law section
    (b) Requirement for Approval of Standard College Degree Programs.— Clause (i) of section 3672(b)(2)(A) 38 USC 3672. of such title is amended to read as follows: “(i) Except as provided in subparagraph (C) or (D), an accredited standard college degree program offered at a public or not-for-profit proprietary educational institution that— “(I) is accredited by an agency or association recognized for that purpose by the Secretary of Education; and “(II) is approved and participates in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), unless the Secretary has waived the requirement to participate in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).” .

26. 2021

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

    Pub. L. 116–315 § 1012(a)(1) · 134 Stat. 4932

    Inserted · 38 U.S.C. § 3672(b)(2)(A)(i)

    Pub. L. 116–315, § 1012(a)(1), inserted “or (D)” after “subparagraph (C)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–315, § 1012(a)(1), inserted “or (D)” after “subparagraph (C)”.

    Enacted provision · exact public law section
    (1) in subparagraph (A)(i), by inserting or “or (D)” after “subparagraph (C)”; and

27. 2021

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

    Pub. L. 116–315 § 1012(a)(2) · 134 Stat. 4932

    Added · 38 U.S.C. § 3672(b)(2)(D)

    Pub. L. 116–315, § 1012(a)(2), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(D). Pub. L. 116–315, § 1012(a)(2), added subpar. (D).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subparagraph: “(D) A program that is described in subparagraph (A)(i) of this paragraph and offered by an educational institution that is at risk of losing accreditation shall not be deemed to be approved for purposes of this chapter. For purposes of this subparagraph, an educational institution is at risk of losing accreditation if that educational institution has received from the relevant accrediting agency or association a notice described in section 3673(e)(2)(D) of this title.” .

28. 2025

    Pub. L. 118–210 § 207(b)(1) · 138 Stat. 2764

    Substituted · 38 U.S.C. § 3672(b)(2)(A)

    Pub. L. 118–210, § 207(b)(1), substituted “paragraphs (1), (2), and (6) of section 3675(b)” for “(b)(1) and (b)(2)”

    Unresolved: Pub. L. 118–210 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 118–210, § 207(b)(1), substituted “paragraphs (1), (2), and (6) of section 3675(b)” for “(b)(1) and (b)(2)”.

    Effective date note
    Pub. L. 118–210, title II, § 207(c), Jan. 2, 2025, 138 Stat. 2765, provided that: “The amendments made by this section [amending this section and sections 3675 and 3676 of this title] shall take effect on August 1, 2025, and apply with respect to a quarter, semester, or term, as applicable, commencing on or after such date.”

29. 2025

    Pub. L. 118–210 § 206(b)(2)(A) · 138 Stat. 2764

    Substituted · 38 U.S.C. § 3672(b)(2)(C)

    Pub. L. 118–210, § 206(b)(2)(A), substituted “paragraph (15) or (16)” for “paragraph (14) or (15)”

    Unresolved: Pub. L. 118–210 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 118–210, § 206(b)(2)(A), substituted “paragraph (15) or (16)” for “paragraph (14) or (15)”.

    Effective date note
    Pub. L. 118–210, title II, § 207(c), Jan. 2, 2025, 138 Stat. 2765, provided that: “The amendments made by this section [amending this section and sections 3675 and 3676 of this title] shall take effect on August 1, 2025, and apply with respect to a quarter, semester, or term, as applicable, commencing on or after such date.”

31 of 41 references resolved to an enrolled provision · 8 partial · 2 unresolved