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Title 38 — Veterans’ Benefits

Part III · Chapter 36 — Administration of Educational Benefits

§ 3675. Approval of accredited courses

Statutory text

(a)
(1)

A State approving agency, or the Secretary when acting in the role of a State approving agency, may approve accredited programs (including non-degree accredited programs) not covered by section 3672 of this title when—

(A)

such courses have been accredited and approved by a nationally recognized accrediting agency or association;

(B)

such courses are conducted under the Act of (20 U.S.C. 11 et seq.); 1

(C)

such courses are accepted by the State department of education for credit for a teacher’s certificate or a teacher’s degree; or

(D)

such courses are approved by the State as meeting the requirement of regulations prescribed by the Secretary of Health and Human Services under sections 1819(f)(2)(A)(i) and 1919(f)(2)(A)(i) of the Social Security Act (42 U.S.C. 1395i–3(f)(2)(A)(i) and 1396r(f)(2)(A)(i)).

(2)
(A)

For the purposes of this chapter, the Secretary of Education shall publish a list of nationally recognized accrediting agencies and associations which that Secretary determines to be reliable authority as to the quality of training offered by an educational institution.

(B)

Except as provided in section 3672(e) of this title, a State approving agency may utilize the accreditation of any accrediting association or agency listed pursuant to subparagraph (A) of this paragraph for approval of courses specifically accredited and approved by such accrediting association or agency.

(3)
(A)

An educational institution shall submit an application for approval of courses to the appropriate State approving agency. In making application for approval, the institution (other than an elementary school or secondary school) shall transmit to the State approving agency copies of its catalog or bulletin which must be certified as true and correct in content and policy by an authorized representative of the institution.

(B)

Each catalog or bulletin transmitted by an institution under subparagraph (A) of this paragraph shall—

(i)

state with specificity the requirements of the institution with respect to graduation;

(ii)

include the information required under paragraphs (6) and (7) of section 3676(b) of this title; and

(iii)

include any attendance standards of the institution, if the institution has and enforces such standards.

(b)

As a condition of approval under this section, the State approving agency, or the Secretary when acting in the role of a State approving agency, must find the following:

(1)

The educational institution keeps adequate records, as prescribed by the State approving agency, or the Secretary when acting in the role of a State approving agency, to show the progress and grades of the eligible person or veteran and to show that satisfactory standards relating to progress and conduct are enforced.

(2)

The educational institution maintains a written record of the previous education and training of the eligible person or veteran that clearly indicates that appropriate credit has been given by the educational institution for previous education and training, with the training period shortened proportionately.

(3)

The educational institution and its approved courses meet the criteria of paragraphs (1), (2), (3), (15), (16), and (18) of section 3676(c) of this title (or, with respect to such paragraphs (14) and (15), the requirements under such paragraphs are waived pursuant to subsection (f)(1) of section 3676 of this title).

(4)

The educational institution—

(A)

is approved and participates in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); or

(B)

does not participate in such a program and the Secretary has waived the requirement under this paragraph with respect to the educational institution, and submits to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives notice of such waiver, because the Secretary determines that the educational institution—

(i)

elects not to participate in such a program;

(ii)

cannot participate in such a program; or

(iii)

is in the process of making a good-faith effort to submit an initial application for approval to participate in such a program, except that a waiver under this clause may not be provided for a period of longer than 36 months.

(5)

The educational institution agrees to, not later than 30 days after any date on which such educational institution becomes subject to an action or event described in section 3673(e)(3) of this title, submit to the State approving agency, or the Secretary when acting in the role of a State approving agency, a notification of such action or event in such form and containing such information as the Secretary determines appropriate.

(6)

The educational institution makes available to each eligible person or veteran a copy of the person or veteran’s official transcript in a digital format.

(c)
(1)

A State approving agency may approve the entrepreneurship courses offered by a qualified provider of entrepreneurship courses.

(2)

For purposes of this subsection, the term “entrepreneurship course” means a non-degree, non-credit course of business education that enables or assists a person to start or enhance a small business concern (as defined pursuant to section 3(a) of the Small Business Act (15 U.S.C. 632(a))).

(3)

Subsection (a) and paragraphs (1) and (2) of subsection (b) shall not apply to—

(A)

an entrepreneurship course offered by a qualified provider of entrepreneurship courses; and

(B)

a qualified provider of entrepreneurship courses by reason of such provider offering one or more entrepreneurship courses.

(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.

(d)
(1)

The Secretary shall submit to Congress an annual report on any waivers issued pursuant to subsection (b)(4) or section 3672(b)(2)(A)(i) of this title.

(2)

Each report submitted under paragraph (1) shall include, for the year covered by the report, the following:

(A)

The name of each educational institution for which a waiver was issued.

(B)

The justification for each such waiver.

(C)

The total number of waivers issued.

Footnotes

  1. 1 See References in Text note below.

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. § 3675

    Added Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 159, § 1775

    Source evidence

    Code source credit
    Added Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 159, § 1775

  2. Veterans

    Pub. L. 89–358 § 3(a)(8) · 80 Stat. 12

    Inserted · 38 U.S.C. § 3675(b)

    Pub. L. 89–358 inserted “or veteran” after “eligible person” in three places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 89–358 inserted “or veteran” after “eligible person” in three places.

    Enacted provision · exact public law section
    (8) striking out in sections 1772, 1774, and 1775, each time it appears, the phrase “eligible person” and substituting therefor “eligible person or veteran”;

  3. Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 § 513(a)(2) · 90 Stat. 2383

    Substituted · 38 U.S.C. § 3675(a)

    Pub. L. 94–502, § 513(a)(2), substituted “the Commissioner determines” for “he determines”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–502, § 513(a)(2), substituted “the Commissioner determines” for “he determines”.

    Enacted provision · exact public law section
    (2) by striking out in section 1775(a) “he” and inserting in lieu thereof “the Commissioner”;

  4. Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 § 504(1) · 90 Stat. 2383

    Inserted · 38 U.S.C. § 3675(a)

    Pub. L. 94–502, § 504(1), inserted provision requiring that copies of the school bulletin be certified by an authorized representative of the school and that the bulletin specify the progress requirements for graduation and certain other information

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 94–502, § 504(1), inserted provision requiring that copies of the school bulletin be certified by an authorized representative of the school and that the bulletin specify the progress requirements for graduation and certain other information.

    Enacted provision · exact public law section
    (1) by striking out the period at the end of subsection (a) and inserting in lieu thereof “which must be certified as true and correct in content and policy by an authorized representative of the school. The catalog or bulletin must specifically state its progress requirements for graduation and must include as a minimum the information required by sections 1776(b) (6) and (7) of this title.”; and ,

  5. Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 § 504(2) · 90 Stat. 2383

    Inserted · 38 U.S.C. § 3675(b)

    Pub. L. 94–502, § 504(2), inserted provision requiring that school records contain as a minimum, except for attendance, the requirements set forth in section 1776(c)(7) of this title

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–502, § 504(2), inserted provision requiring that school records contain as a minimum, except for attendance, the requirements set forth in section 1776(c)(7) of this title.

    Enacted provision · exact public law section
    (2) by inserting before the period in the first sentence of subsection (b) the following: “and must include as a minimum (except for attendance) the requirements set forth in section 1776(c) (7) of this title”.

  6. Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 title VIII § 801(d) · 94 Stat. 2171

    Substituted · 38 U.S.C. § 3675(a)

    Pub. L. 96–466 substituted “Secretary” for “Commissioner” in two places

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–466 substituted “Secretary” for “Commissioner” in two places.

    Enacted provision · exact public law section
    (d) Section 1775(a) is amended by striking out “Commissioner” each place it appears and inserting in lieu thereof “Secretary”.

  7. 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. § 3675(b)

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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–237 substituted “Secretary” for “Administrator”.

    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

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

    Changed · 38 U.S.C. § 3675

    Pub. L. 102–83, § 5(a), renumbered section 1775 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1775 of this title as this section.

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

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

    Substituted · 38 U.S.C. § 3675(a)

    Pub. L. 102–83, § 5(c)(1), substituted “3676(b)(6)” for “1776(b)(6)” in last sentence

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3676(b)(6)” for “1776(b)(6)” in last sentence.

    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.

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

    Substituted · 38 U.S.C. § 3675(b)

    Pub. L. 102–83, § 5(c)(1), substituted “3676(c)(7)” for “1776(c)(7)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3676(c)(7)” for “1776(c)(7)”.

    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.

  11. Veterans’ Benefits Act of 1992

    Pub. L. 102–568 title III § 312 · 106 Stat. 4320

    1. Amended · 38 U.S.C. § 3675(a)

      Pub. L. 102–568 designated existing provisions as par. (1)

    2. Redesignated · 38 U.S.C. § 3675(a)

      Pub. L. 102–568 redesignated former par. (1) as subpar. (A)

    3. Redesignated · 38 U.S.C. § 3675(a)

      Pub. L. 102–568 redesignated former par. (2) as subpar. (B)

    4. Substituted · 38 U.S.C. § 3675(a)

      Pub. L. 102–568 substituted “the Act of February 23, 1917 (20 U.S.C. 11 et seq.);” for “sections 11–28 of title 20; or”

    5. Redesignated · 38 U.S.C. § 3675(a)

      Pub. L. 102–568 redesignated former par. (3) as subpar. (C)

    6. Added · 38 U.S.C. § 3675(a)

      Pub. L. 102–568 added subpar. (D) and pars. (2) and (3)

    7. Struck · 38 U.S.C. § 3675(a)

      Pub. L. 102–568 struck out former concluding provisions which read as follows: “For the purposes of this chapter the Secretary of Education shall publish a list of nationally recognized accrediting agencies and associations which the Secretary determines to be reliable authority as to the quality of training offered by an educational institution and the State approving agencies may, upon concurrence, utilize the accreditation of such accrediting associations or agencies for approval of the courses specifically accredited and approved by such accrediting association or agency. In making application for approval, the institution shall transmit to the State approving agency copies of its catalog or bulletin which must be certified as true and correct in content and policy by an authorized representative of the school. The catalog or bulletin must specifically state its progress requirements for graduation and must include as a minimum the information required by sections 3676(b)(6) and (7) of this title.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–568 designated existing provisions as par. (1), redesignated former par. (1) as subpar. (A), redesignated former par. (2) as subpar. (B), substituted “the Act of February 23, 1917 (20 U.S.C. 11 et seq.);” for “sections 11–28 of title 20; or”, redesignated former par. (3) as subpar. (C), added subpar. (D) and pars. (2) and (3), and struck out former concluding provisions which read as follows: “For the purposes of this chapter the Secretary of Education shall publish a list of nationally recognized accrediting agencies and associations which the Secretary determines to be reliable authority as to the quality of training offered by an educational institution and the State approving agencies may, upon concurrence, utilize the accreditation of such accrediting associations or agencies for approval of the courses specifically accredited and approved by such accrediting association or agency. In making application for approval, the institution shall transmit to the State approving agency copies of its catalog or bulletin which must be certified as true and correct in content and policy by an authorized representative of the school. The catalog or bulletin must specifically state its progress requirements for graduation and must include as a minimum the information required by sections 3676(b)(6) and (7) of this title.”

    Enacted provision · exact public law section
    SEC. 312. REVISION OF REQUIREMENTS RELATING TO APPROVAL OF ACCREDITED COURSES. (a) Revision of Requirements.— Subsection (a) of section 3675 is amended— (1) by striking out “(a)” and inserting in lieu thereof “(a)(1)”; (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; and (3) by striking out the matter below subparagraph (C) (as so redesignated) and inserting in lieu thereof the following new paragraphs: “(2) (A) For the purposes of this chapter, the Secretary of Education shall publish a list of nationally recognized accrediting agencies and associations which that Secretary determines to be reliable authority as to the quality of training offered by an educational institution. “(B) A State approving agency may utilize the accreditation of any accrediting association or agency listed pursuant to subparagraph (A) of this paragraph for approval of courses specifically accredited and approved by such accrediting association or agency. “(3) (A) An educational institution shall submit an application for approval of courses to the appropriate State approving agency. In making application for approval, the institution (other than an elementary school or secondary school) shall transmit to the State approving agency copies of its catalog or bulletin which must be certified as true and correct in content and policy by an authorized representative of the institution. “(B) Each catalog or bulletin transmitted by an institution under subparagraph (A) of this paragraph shall— “(i) state with specificity the requirements of the institution with respect to graduation; “(ii) include the information required under paragraphs (6) and (7) of section 3676(b) of this title; and “(iii) include any attendance standards of the institution, if the institution has and enforces such standards.”. (b) Approval of Nurses Aide Courses.— Subsection (a)(1) of such section (as amended by subsection (a)) is further amended— (1) in subparagraph (B), by striking out “sections 11–28 of title 20; or” and inserting in lieu thereof “the Act of February 23, 1917 (20 U.S.C. 11 et seq.);”; (2) by striking out the period at the end of subparagraph (C) and inserting in lieu thereof “; or”; and (3) by adding at the end the following new subparagraph (D): “(D) such courses are approved by the State as meeting the requirement of regulations prescribed by the Secretary of Health and Human Services under sections 1819(f)(2)(A)(i) and 1919(f)(2)(A)(i) of the Social Security Act (42 U.S.C. 1395i–3(f)(2)(A)(i) and 1396r(f)(2)(A)(i)).”.

  12. Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title VI § 605(a)(2)(A) · 108 Stat. 4645

    Substituted · 38 U.S.C. § 3675(a)(2)(B)

    Pub. L. 103–446 substituted “Except as provided in section 3672(e) of this title, a State” for “A State”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 103–446 substituted “Except as provided in section 3672(e) of this title, a State” for “A State”.

    Enacted provision · exact public law section
    (A) Section 3675(a)(2)(B) is amended by striking out “A State” and inserting in lieu thereof “Except as provided in section 3672(e) of this title, a State”.

  13. Veterans’ Insurance Reform Act of 1996

    Pub. L. 104–275 title I § 103(c) · 110 Stat. 3322

    Amended · 38 U.S.C. § 3675(b)

    Pub. L. 104–275 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “As a condition to approval under this section, the State approving agency must find that adequate records are kept by the educational institution to show the progress of each eligible person or veteran and must include as a minimum (except for attendance) the requirements set forth in section 3676(c)(7) of this title. The State approving agency must also find that the educational institution maintains a written record of the previous education and training of the eligible person or veteran and clearly indicates that appropriate credit has been given by the institution for previous education and training, with the training period shortened proportionately and the eligible person or veteran and the Secretary so notified.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–275 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “As a condition to approval under this section, the State approving agency must find that adequate records are kept by the educational institution to show the progress of each eligible person or veteran and must include as a minimum (except for attendance) the requirements set forth in section 3676(c)(7) of this title. The State approving agency must also find that the educational institution maintains a written record of the previous education and training of the eligible person or veteran and clearly indicates that appropriate credit has been given by the institution for previous education and training, with the training period shortened proportionately and the eligible person or veteran and the Secretary so notified.”

    Enacted provision · exact public law section
    (c) Approval of Accredited Courses.— Subsection (b) of section 3675 is amended to read as follows: “(b) As a condition of approval under this section, the State approving agency must find the following: “(1) The educational institution keeps adequate records, as prescribed by the State approving agency, to show the progress and grades of the eligible person or veteran and to show that satisfactory standards relating to progress and con-duct are enforced. “(2) The educational institution maintains a written record of the previous education and training of the eligible person or veteran that clearly indicates that appropriate credit has been given by the educational institution for previous education and training, with the training period shortened proportionately. “(3) The educational institution and its approved courses meet the criteria of paragraphs (1), (2), and (3) of section 3676(c) of this title. ”.

  14. Veterans Benefits Act of 2003

    Pub. L. 108–183 title III § 305(a) · 117 Stat. 2651

    Added · 38 U.S.C. § 3675(c)

    Pub. L. 108–183 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–183 added subsec. (c).

    Enacted provision · exact public law section
    (a) Approval of Entrepreneurship Courses.— Section 3675 is amended by adding at the end the following new subsection: “(c) (1) A State approving agency may approve the entrepreneurship courses offered by a qualified provider of entrepreneurship courses. “(2) For purposes of this subsection, the term ‘entrepreneurship course’ means a non-degree, non-credit course of business education that enables or assists a person to start or enhance a small business concern (as defined pursuant to section 3(a) of the Small Business Act (15 U.S.C. 632(a))). “(3) Subsection (a) and paragraphs (1) and (2) of subsection (b) shall not apply to— “(A) an entrepreneurship course offered by a qualified provider of entrepreneurship courses; and “(B) a qualified provider of entrepreneurship courses by reason of such provider offering one or more entrepreneurship courses.” .

  15. Veterans Earn and Learn Act of 2004

    Pub. L. 108–454 title I § 110(c)(1) · 118 Stat. 3598

    Added · 38 U.S.C. § 3675(c)(4)

    Pub. L. 108–454 added par. (4)

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 108–454 added par. (4).

    Enacted provision · exact public law section
    (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.” .

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

    Pub. L. 111–377 § 203(c)(1) · 124 Stat. 4106

    Substituted · 38 U.S.C. § 3675(a)(1)

    Pub. L. 111–377, § 203(c)(1), substituted “The Secretary or a State approving agency may approve accredited programs (including non-degree accredited programs) offered by proprietary for-profit educational institutions” for “A State approving agency may approve the courses offered by an educational institution” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 111–377, § 203(c)(1), substituted “The Secretary or a State approving agency may approve accredited programs (including non-degree accredited programs) offered by proprietary for-profit educational institutions” for “A State approving agency may approve the courses offered by an educational institution” in introductory provisions.

    Enacted provision · exact public law section
    (1) In general.— Subsection (a)(1) of section 3675 is amended by striking “A State approving agency may approve the courses offered by an educational institution” and inserting “The Secretary or a State approving agency may approve accredited programs (including non-degree accredited programs) offered by proprietary for-profit educational institutions”.

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

    Pub. L. 111–377 § 203(c)(2) · 124 Stat. 4106

    Inserted · 38 U.S.C. § 3675(b)

    Pub. L. 111–377, § 203(c)(2), inserted “the Secretary or” after “this section,” in introductory provisions and after “as prescribed by” in par. (1)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–377, § 203(c)(2), inserted “the Secretary or” after “this section,” in introductory provisions and after “as prescribed by” in par. (1).

    Enacted provision · exact public law section
    (2) Condition of approval.— Subsection (b) of such section is amended— (A) in the matter preceding paragraph (1), by inserting “the Secretary or” after “this section,”; and (B) is amended by inserting “the Secretary or” after “as prescribed by”.

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

    Pub. L. 114–315 § 408(b)(1) · 130 Stat. 1536

    1. Substituted · 38 U.S.C. § 3675(a)(1)

      Pub. L. 114–315, § 408(b)(1), substituted “A State approving agency, or the Secretary when acting in the role of a State approving agency,” for “The Secretary or a State approving agency” in introductory provisions

    2. Substituted · 38 U.S.C. § 3675(a)(1)

      Pub. L. 114–315, § 408(b)(1), substituted “not covered by section 3672 of this title” for “offered by proprietary for-profit educational institutions” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 114–315, § 408(b)(1), substituted “A State approving agency, or the Secretary when acting in the role of a State approving agency,” for “The Secretary or a State approving agency” and “not covered by section 3672 of this title” for “offered by proprietary for-profit educational institutions” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a)(1)— (A) by striking “The Secretary or a State approving agency” and inserting “A State approving agency, or the Secretary when acting in the role of a State approving agency,”; and (B) by striking “offered by proprietary for-profit educational institutions” and inserting “not covered by section 3672 of this title”; and

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

    Pub. L. 114–315 § 408(b)(2)(A) · 130 Stat. 1536

    Substituted · 38 U.S.C. § 3675(b)

    Pub. L. 114–315, § 408(b)(2)(A), substituted “the State approving agency, or the Secretary when acting in the role of a State approving agency,” for “the Secretary or the State approving agency” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 114–315, § 408(b)(2)(A), substituted “the State approving agency, or the Secretary when acting in the role of a State approving agency,” for “the Secretary or the State approving agency” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1), by striking “the Secretary or the State approving agency” and inserting “the State approving agency, or the Secretary when acting in the role of a State approving agency,”; and

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

    Pub. L. 114–315 § 408(b)(2)(B) · 130 Stat. 1536

    Substituted · 38 U.S.C. § 3675(b)(1)

    Pub. L. 114–315, § 408(b)(2)(B), substituted “the State approving agency, or the Secretary when acting in the role of a State approving agency” for “the Secretary or the State approving agency”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 114–315, § 408(b)(2)(B), substituted “the State approving agency, or the Secretary when acting in the role of a State approving agency” for “the Secretary or the State approving agency”.

    Enacted provision · exact public law section
    (B) in paragraph (1), by striking “the Secretary or the State approving agency” and inserting “the State approving agency, or the Secretary when acting in the role of a State approving agency”.

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

    Pub. L. 114–315 § 410(b) · 130 Stat. 1536

    Substituted · 38 U.S.C. § 3675(b)(3)

    Pub. L. 114–315, § 410(b), which directed amendment of subsec. (b)(3) by substituting “(3), and (14)” for “and (3)”, could not be executed because the words “and (3)” did not appear after amendment by Pub. L. 114–315, § 409(c)(1). See below

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 114–315, § 410(b), which directed amendment of subsec. (b)(3) by substituting “(3), and (14)” for “and (3)”, could not be executed because the words “and (3)” did not appear after amendment by Pub. L. 114–315, § 409(c)(1). See below.

    Enacted provision · exact public law section
    (b) Accredited Courses.— Section 3675(b)(3) is amended by striking “and (3)” and inserting “(3), and (14)”.

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

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

    Inserted · 38 U.S.C. § 3675(b)(3)

    Pub. L. 114–315, § 409(c)(2), inserted before period at end “(or, with respect to such paragraphs (14) and (15), the requirements under such paragraphs are waived pursuant to subsection (f)(1) of section 3676 of this title)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 114–315, § 409(c)(2), inserted before period at end “(or, with respect to such paragraphs (14) and (15), the requirements under such paragraphs are waived pursuant to subsection (f)(1) of section 3676 of this title)”.

    Enacted provision · exact public law section
    (2) by inserting before the period at the end the following: “(or, with respect to such paragraphs (14) and (15), the requirements under such paragraphs are waived pursuant to subsection (f)(1) of section 3676 of this title)”.

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

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

    Substituted · 38 U.S.C. § 3675(b)(3)

    Pub. L. 114–315, § 409(c)(1), substituted “(3), (14), (15), and (16)” for “and (3)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 114–315, § 409(c)(1), substituted “(3), (14), (15), and (16)” for “and (3)”.

    Enacted provision · exact public law section
    (1) by striking “and (3)” and inserting “(3), (14), (15), and (16)”; and

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

    Pub. L. 116–315 § 1015(a)(1) · 134 Stat. 4932

    Added · 38 U.S.C. § 3675(b)(4)

    Pub. L. 116–315, § 1015(a)(1), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 116–315, § 1015(a)(1), added par. (4).

    Enacted provision · exact public law section
    (1) in subsection (b), by adding at the end the following new paragraph: “(4) The educational institution is approved and participates in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) or the Secretary has waived the requirement under this paragraph with respect to an educational institution and submits to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives notice of such waiver.” .

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

    Pub. L. 116–315 § 1015(a)(2) · 134 Stat. 4932

    Added · 38 U.S.C. § 3675(d)

    Pub. L. 116–315, § 1015(a)(2), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 116–315, § 1015(a)(2), added subsec. (d).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(d) (1) The Secretary shall submit to Congress an annual report on any waivers issued pursuant to subsection (b)(4) or section 3672(b)(2)(A)(i) of this title. “(2) Each report submitted under paragraph (1) shall include, for the year covered by the report, the following: “(A) The name of each educational institution for which a waiver was issued. “(B) The justification for each such waiver. “(C) The total number of waivers issued.” .

  26. Pub. L. 118–210 § 207(b)(3) · 138 Stat. 2763-2765

    Substituted · 38 U.S.C. § 3675(b)(3)

    Pub. L. 118–210, § 207(b)(3), substituted “(15), (16), and (18)” for “(15), (16), and (17)”

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

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 118–210, § 207(b)(3), substituted “(15), (16), and (18)” for “(15), (16), and (17)”.

    Effective date note
    Amendment by section 207 of Pub. L. 118–210, effective Aug. 1, 2025, and applicable with respect to a quarter, semester, or term, as applicable, commencing on or after such date, see section 207(c) of Pub. L. 118–210, set out as a note under section 3672 of this title.

  27. Pub. L. 118–210 § 206(b)(2)(B) · 138 Stat. 2763-2765

    Substituted · 38 U.S.C. § 3675(b)(3)

    Pub. L. 118–210, § 206(b)(2)(B), substituted “(15), (16), and (17)” for “(14), (15), and (16)”

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 118–210, § 206(b)(2)(B), substituted “(15), (16), and (17)” for “(14), (15), and (16)”.

    Effective date note
    Amendment by section 207 of Pub. L. 118–210, effective Aug. 1, 2025, and applicable with respect to a quarter, semester, or term, as applicable, commencing on or after such date, see section 207(c) of Pub. L. 118–210, set out as a note under section 3672 of this title.

  28. Pub. L. 118–210 § 205 · 138 Stat. 2763-2765

    Amended · 38 U.S.C. § 3675(b)(4)

    Pub. L. 118–210, § 205, amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The educational institution is approved and participates in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) or the Secretary has waived the requirement under this paragraph with respect to an educational institution and submits to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives notice of such waiver.”

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

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 118–210, § 205, amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The educational institution is approved and participates in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) or the Secretary has waived the requirement under this paragraph with respect to an educational institution and submits to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives notice of such waiver.”

    Effective date note
    Amendment by section 207 of Pub. L. 118–210, effective Aug. 1, 2025, and applicable with respect to a quarter, semester, or term, as applicable, commencing on or after such date, see section 207(c) of Pub. L. 118–210, set out as a note under section 3672 of this title.

  29. Pub. L. 118–210 § 206(a) · 138 Stat. 2763-2765

    Added · 38 U.S.C. § 3675(b)(5)

    Pub. L. 118–210, § 206(a), added par. (5)

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

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 118–210, § 206(a), added par. (5).

    Effective date note
    Amendment by section 207 of Pub. L. 118–210, effective Aug. 1, 2025, and applicable with respect to a quarter, semester, or term, as applicable, commencing on or after such date, see section 207(c) of Pub. L. 118–210, set out as a note under section 3672 of this title.

  30. Pub. L. 118–210 § 207(a) · 138 Stat. 2763-2765

    Added · 38 U.S.C. § 3675(b)(6)

    Pub. L. 118–210, § 207(a), added par. (6)

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

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 118–210, § 207(a), added par. (6).

    Effective date note
    Amendment by section 207 of Pub. L. 118–210, effective Aug. 1, 2025, and applicable with respect to a quarter, semester, or term, as applicable, commencing on or after such date, see section 207(c) of Pub. L. 118–210, set out as a note under section 3672 of this title.

31 of 37 references resolved to an enrolled provision · 1 partial · 5 unresolved

Editorial Notes

References in Text

Act of , referred to in subsec. (a)(1)(B), is act Feb. 23, 1917, ch. 114, 39 Stat. 929, known as the Smith-Hughes Vocational Education Act, which was classified to sections 11 to 15 and 16 to 28 of Title 20, Education, prior to repeal by Pub. L. 105–33, title VI, § 6201, , 111 Stat. 653. For complete classification of this Act to the Code, see Short Title note set out under section 11 of Title 20 and Tables.

The Higher Education Act of 1965, referred to in subsec. (b)(4)(A), is Pub. L. 89–329, , 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see section 1 of Pub. L. 89–329, set out as a Short Title note under section 1001 of Title 20 and Tables.

Amendments1966–2025 · 14 rounds

2025

Subsec. (b)(3). Pub. L. 118–210, § 207(b)(3), substituted “(15), (16), and (18)” for “(15), (16), and (17)”.

Pub. L. 118–210, § 206(b)(2)(B), substituted “(15), (16), and (17)” for “(14), (15), and (16)”.

Subsec. (b)(4). Pub. L. 118–210, § 205, amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The educational institution is approved and participates in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) or the Secretary has waived the requirement under this paragraph with respect to an educational institution and submits to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives notice of such waiver.”

Subsec. (b)(5). Pub. L. 118–210, § 206(a), added par. (5).

Subsec. (b)(6). Pub. L. 118–210, § 207(a), added par. (6).

2021

Subsec. (b)(4). Pub. L. 116–315, § 1015(a)(1), added par. (4).

Subsec. (d). Pub. L. 116–315, § 1015(a)(2), added subsec. (d).

2016

Subsec. (a)(1). Pub. L. 114–315, § 408(b)(1), substituted “A State approving agency, or the Secretary when acting in the role of a State approving agency,” for “The Secretary or a State approving agency” and “not covered by section 3672 of this title” for “offered by proprietary for-profit educational institutions” in introductory provisions.

Subsec. (b). Pub. L. 114–315, § 408(b)(2)(A), substituted “the State approving agency, or the Secretary when acting in the role of a State approving agency,” for “the Secretary or the State approving agency” in introductory provisions.

Subsec. (b)(1). Pub. L. 114–315, § 408(b)(2)(B), substituted “the State approving agency, or the Secretary when acting in the role of a State approving agency” for “the Secretary or the State approving agency”.

Subsec. (b)(3). Pub. L. 114–315, § 410(b), which directed amendment of subsec. (b)(3) by substituting “(3), and (14)” for “and (3)”, could not be executed because the words “and (3)” did not appear after amendment by Pub. L. 114–315, § 409(c)(1). See below.

Pub. L. 114–315, § 409(c)(2), inserted before period at end “(or, with respect to such paragraphs (14) and (15), the requirements under such paragraphs are waived pursuant to subsection (f)(1) of section 3676 of this title)”.

Pub. L. 114–315, § 409(c)(1), substituted “(3), (14), (15), and (16)” for “and (3)”.

2011

Subsec. (a)(1). Pub. L. 111–377, § 203(c)(1), substituted “The Secretary or a State approving agency may approve accredited programs (including non-degree accredited programs) offered by proprietary for-profit educational institutions” for “A State approving agency may approve the courses offered by an educational institution” in introductory provisions.

Subsec. (b). Pub. L. 111–377, § 203(c)(2), inserted “the Secretary or” after “this section,” in introductory provisions and after “as prescribed by” in par. (1).

2004

Subsec. (c)(4). Pub. L. 108–454 added par. (4).

2003

Subsec. (c). Pub. L. 108–183 added subsec. (c).

1996

Subsec. (b). Pub. L. 104–275 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “As a condition to approval under this section, the State approving agency must find that adequate records are kept by the educational institution to show the progress of each eligible person or veteran and must include as a minimum (except for attendance) the requirements set forth in section 3676(c)(7) of this title. The State approving agency must also find that the educational institution maintains a written record of the previous education and training of the eligible person or veteran and clearly indicates that appropriate credit has been given by the institution for previous education and training, with the training period shortened proportionately and the eligible person or veteran and the Secretary so notified.”

1994

Subsec. (a)(2)(B). Pub. L. 103–446 substituted “Except as provided in section 3672(e) of this title, a State” for “A State”.

1992

Subsec. (a). Pub. L. 102–568 designated existing provisions as par. (1), redesignated former par. (1) as subpar. (A), redesignated former par. (2) as subpar. (B), substituted “the Act of (20 U.S.C. 11 et seq.);” for “sections 11–28 of title 20; or”, redesignated former par. (3) as subpar. (C), added subpar. (D) and pars. (2) and (3), and struck out former concluding provisions which read as follows: “For the purposes of this chapter the Secretary of Education shall publish a list of nationally recognized accrediting agencies and associations which the Secretary determines to be reliable authority as to the quality of training offered by an educational institution and the State approving agencies may, upon concurrence, utilize the accreditation of such accrediting associations or agencies for approval of the courses specifically accredited and approved by such accrediting association or agency. In making application for approval, the institution shall transmit to the State approving agency copies of its catalog or bulletin which must be certified as true and correct in content and policy by an authorized representative of the school. The catalog or bulletin must specifically state its progress requirements for graduation and must include as a minimum the information required by sections 3676(b)(6) and (7) of this title.”

1991

Pub. L. 102–83, § 5(a), renumbered section 1775 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3676(b)(6)” for “1776(b)(6)” in last sentence.

Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3676(c)(7)” for “1776(c)(7)”.

1989

Subsec. (b). Pub. L. 101–237 substituted “Secretary” for “Administrator”.

1980

Subsec. (a). Pub. L. 96–466 substituted “Secretary” for “Commissioner” in two places.

1976

Subsec. (a). Pub. L. 94–502, § 513(a)(2), substituted “the Commissioner determines” for “he determines”.

Pub. L. 94–502, § 504(1), inserted provision requiring that copies of the school bulletin be certified by an authorized representative of the school and that the bulletin specify the progress requirements for graduation and certain other information.

Subsec. (b). Pub. L. 94–502, § 504(2), inserted provision requiring that school records contain as a minimum, except for attendance, the requirements set forth in section 1776(c)(7) of this title.

1966

Subsec. (b). Pub. L. 89–358 inserted “or veteran” after “eligible person” in three places.

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Amendment by section 207 of Pub. L. 118–210, effective , and applicable with respect to a quarter, semester, or term, as applicable, commencing on or after such date, see section 207(c) of Pub. L. 118–210, set out as a note under section 3672 of this title.

Effective Date of 2021 Amendment

Amendment by Pub. L. 116–315 effective on , see section 1015(c) of Pub. L. 116–315, set out as a note under section 3672 of this title.

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 2004 Amendment

Pub. L. 108–454, title I, § 110(c)(2), , 118 Stat. 3605, provided that: “The amendment made by paragraph (1) [amending this section] 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).”

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–183 applicable to courses approved by State approving agencies after , see section 305(f) of Pub. L. 108–183, set out as a note under section 3452 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–446 applicable with respect to programs of education exclusively by correspondence and to correspondence-residence courses commencing more than 90 days after , see section 605(b) of Pub. L. 103–446, set out as a note under section 3672 of this title.

Effective Date of 1980 Amendment

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

Effective Date of 1976 Amendment

Amendment by sections 504 and 513(a)(2) of Pub. L. 94–502 effective , and , respectively, see section 703(b), (c) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Credits

1963–2025 · 15 acts
  1. 1963Added Pub. L. 88–126, § 1, , 77 Stat. 159, § 1775
  2. 1966amended Pub. L. 89–358, § 3(a)(8), , 80 Stat. 21
  3. 1976Pub. L. 94–502, title V, §§ 504, 513(a)(2), , 90 Stat. 2399, 2402
  4. 1980Pub. L. 96–466, title VIII, § 801(d), , 94 Stat. 2216
  5. 1989Pub. L. 101–237, title IV, § 423(b)(1)(A), , 103 Stat. 2092
  6. 1991renumbered § 3675 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406
  7. 1992Pub. L. 102–568, title III, § 312, , 106 Stat. 4330
  8. 1994Pub. L. 103–446, title VI, § 605(a)(2)(A), , 108 Stat. 4672
  9. 1996Pub. L. 104–275, title I, § 103(c), , 110 Stat. 3326
  10. 2003Pub. L. 108–183, title III, § 305(a), , 117 Stat. 2660
  11. 2004Pub. L. 108–454, title I, § 110(c)(1), , 118 Stat. 3605
  12. 2011Pub. L. 111–377, title II, § 203(c), , 124 Stat. 4125
  13. 2016Pub. L. 114–315, title IV, §§ 408(b), 409(c), 410(b), , 130 Stat. 1558, 1560, 1561
  14. 2021Pub. L. 116–315, title I, § 1015(a), , 134 Stat. 4945
  15. 2025Pub. L. 118–210, title II, §§ 205, 206(a), (b)(2)(B), 207(a), (b)(3), , 138 Stat. 2763–2765.
Show as published

(Added Pub. L. 88–126, § 1, , 77 Stat. 159, § 1775; amended Pub. L. 89–358, § 3(a)(8), , 80 Stat. 21; Pub. L. 94–502, title V, §§ 504, 513(a)(2), , 90 Stat. 2399, 2402; Pub. L. 96–466, title VIII, § 801(d), , 94 Stat. 2216; Pub. L. 101–237, title IV, § 423(b)(1)(A), , 103 Stat. 2092; renumbered § 3675 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406; Pub. L. 102–568, title III, § 312, , 106 Stat. 4330; Pub. L. 103–446, title VI, § 605(a)(2)(A), , 108 Stat. 4672; Pub. L. 104–275, title I, § 103(c), , 110 Stat. 3326; Pub. L. 108–183, title III, § 305(a), , 117 Stat. 2660; Pub. L. 108–454, title I, § 110(c)(1), , 118 Stat. 3605; Pub. L. 111–377, title II, § 203(c), , 124 Stat. 4125; Pub. L. 114–315, title IV, §§ 408(b), 409(c), 410(b), , 130 Stat. 1558, 1560, 1561; Pub. L. 116–315, title I, § 1015(a), , 134 Stat. 4945; Pub. L. 118–210, title II, §§ 205, 206(a), (b)(2)(B), 207(a), (b)(3), , 138 Stat. 2763–2765.)

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