§ 3684. Reports by veterans, eligible persons, and institutions; reporting fee

Footnotes

1. 1 See Modifications of Reporting Fee Multipliers During Certain Periods notes 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. 1966

   Veterans

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

   Enacted · 38 U.S.C. § 3684

   Added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 22, § 1784

   Source evidence

   Code source credit
   Added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 22, § 1784

   Enacted provision · exact public law section
   (b) Title 38 of the United States Code is further amended by adding immediately following section 1778, the following new subchapter: “Subchapter II— Miscellaneous Provisions “§1781. Nonduplication of benefits “No educational assistance allowance or special training allowance shall be paid on behalf of any eligible person or veteran under chapter 34 or 35 of this title for any period during which such person or Ante, p. 12. veteran is enrolled in and pursuing a program of education or course paid for by the United States under any provision of law other than such chapters, where the payment of an allowance would constitute a duplication of benefits paid from the Federal Treasury to the eligible person or veteran or to his parent or guardian in his behalf. “§1782. Control by agencies of the United States “No department, agency, or officer of the United States, in carrying out this chapter, shall exercise any supervision or control, whatsoever, over any State approving agency, or State educational agency, or any educational institution. Nothing in this section shall be deemed to prevent any department, agency, or officer of the United States from exercising any supervision or control which such department, agency., or officer is authorized by law to exercise over any Federal educational institution or to prevent the furnishing of education Ante, p. 12. under chapter 34 or 35 of this title in any institution over which supervision or control is exercised by such other department, agency, or officer under authority of law. “§1783. Conflicting interests “(a) Every officer or employee of the Veterans’ Administration who has, while such an officer or employee, owned any interest in, or received any wages, salary, dividends, profits, gratuities, or services from, any educational institution operated for profit in which an eligible person or veteran was pursuing a program of education or course under chapter 34 or 35 shall be immediately dismissed from his office or employment. “(b) If the Administrator finds that any person who is an officer or employee of a State approving agency has, while he was such an officer or employee, owned any interest in, or received any wages, salary, dividends, profits, gratuities, or services from, an educational institution operated for profit in which an eligible person or veteran was pursuing a program of education or course under chapter 34 or 35 of this title, he shall discontinue making payments under section 1774 of this title to such State approving agency unless such agency shall, without delay, take such steps as may be necessary to terminate the employment of such person and such payments shall not be resumed while such person is an officer or employee of the State approving agency, or State department of veterans’ affairs or State department of education. “(c) A State approving agency shall not approve any course offered by an educational institution operated for profit, and, if any such course has been approved, shall disapprove each such course, if it finds that any officer or employee of the Veterans’ Administration or the State approving agency owns an interest in, or receives any wages, salary, dividends, profits, gratuities, or services from, such institution. “(d) The Administrator may, after reasonable notice and public hearings, waive in writing the application of this section in the case of any officer or employee of the Veterans’ Administration or of a State approving agency, if he finds that no detriment will result to the United States or to eligible persons or veterans by reasons of such interest or connection of such officer or employee. “§1784. Reports by institutions “Educational institutions shall, without delay, report to the Administrator in the form prescribed by him, the enrollment, interruption, and termination of the education of each eligible person or veteran enrolled therein under chapter 34 or 35. “§1785. Overpayments to eligible persons or veterans “Whenever the Administrator finds that an overpayment has been made to an eligible person or veteran as the result of (1) the willful or negligent failure of an educational institution to report, as required by chapter 34 or 35 of this title and applicable regulations, to the Veterans’ Administration excessive absences from a course, or discontinuance or interruption of a course by the eligible person or veteran, or (2) false certification by an educational institution, the amount of such overpayment shall constitute a liability of such institution, and may be recovered in the same manner as any other debt due the United States. Any amount so collected shall be reimbursed if the overpayment is recovered from the eligible person or veteran. This section shall not preclude the imposition or any civil or criminal liability under this or any other law. “§1786. Examination of records “The records and accounts of educational institutions pertaining to eligible persons or veterans who received education under chapter 34 or 35 of this title shall be available for examination by duly authorized Ante, p 12. representatives of the Government. “§1787. False or misleading statements “Whenever the Administrator finds that an educational institution has willfully submitted a false or misleading claim, or that a person or veteran, with the complicity of an educational institution, has submitted such a claim, he shall make a complete report of the facts of the case to the appropriate State approving agency and, where deemed advisable, to the Attorney General of the United States for appropriate action. “§1788. Advisory committee “There shall be an advisory committee formed by the Administrator which shall be composed of persons who are eminent in their respective fields of education, labor, and management, and of representatives of the various types of institutions and establishments furnishing vocational rehabilitation under chapter 31 of this title or education 38 USC 1501 et seq. to eligible persons or veterans enrolled under chapter 34 or 35 of this title. The Commissioner of Education and the Administrator, Manpower Administration, Department of Labor, shall be ex officio members of the advisory committee. The Administrator shall advise and consult with the committee from time to time with respect to the administration of this chapter and chapters 31, 34, and 35 of this title, and the committee may make such reports and recommendations as it deems desirable to the Administrator and to the Congress. “§1789. Institutions listed by Attorney General “The Administrator shall not approve the enrollment of, or payment of an additional assistance allowance to, any eligible veteran or eligible person under chapter 34 or 35 of this title in any course in an educational institution while it is listed by the Attorney General under section 12 of Executive Order 10450. 18 F.R. 2489. 5 USC 631 note. “§1790. Use of other Federal agencies “In carrying out his functions under this chapter or chapter 34 or 35 of this title, the Administrator may utilize the facilities and services of any other Federal department or agency. Any such utilization shall be pursuant to proper agreement with the Federal department or agency concerned; and payment to cover the cost thereof shall be made either in advance or by way of reimbursement, as may be provided in such agreement.”

2. 1967

   Veterans’ Pension and Readjustment Assistance Act of 1967

   Pub. L. 90–77 title III § 308(a) · 81 Stat. 178

   1. Amended · 38 U.S.C. § 3684

      Pub. L. 90–77 provided for the reporting fee in section catchline, designated existing provisions as subsec. (a)

   2. Added · 38 U.S.C. § 3684

      Pub. L. 90–77 provided for the reporting fee in section catchline, added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 90–77 provided for the reporting fee in section catchline, designated existing provisions as subsec. (a), and added subsec. (b).

   Enacted provision · exact public law section
   (a) Section 1784 of title 38, United States Code, is amended by— (1) adding at the end of the catchline the following: reporting fee”: (2) striking out “Educational” at the beginning of such section and inserting in lieu thereof: “(a) Educational”; and (3) adding at the end thereof a new subsection (b) as follows: “(b) The Administrator may pay to any educational institution furnishing education under either chapter 34 or 35 of this title, a reporting fee which will be in lieu of any other compensation or reimbursement for reports or certifications which such educational institution is required to report to him by law or regulation. Such reporting fee shall be computed for each calendar year by multiplying $3 by the number of eligible veterans enrolled under chapter 34 of this title, plus the number of eligible persons enrolled under chapter 35 of this title, on October 31 of that year; except that the Administrator may, where it is established by the educational institution that eligible veteran plus eligible person enrollment on such date varies more than 15 per centum from the peak eligible veteran plus eligible person enrollment in such institution during such calendar year, establish such other date as representative of the peak enrollment as may be justified for that institution. The reporting fee shall be paid to the educational institution as soon as feasible after the end of the calendar year for which it is applicable.”

3. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 § 315(1) · 86 Stat. 1074

   Inserted · 38 U.S.C. § 3684(a)

   Pub. L. 92–540, § 315(1), inserted reference to chapter 36 of this title

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 92–540, § 315(1), inserted reference to chapter 36 of this title.

   Enacted provision · exact public law section
   (1) striking out “34 or 35” and inserting in lieu thereof “34, 35, or 36” in subsection (a) and in the first sentence of subsection (b);

4. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 § 315(1) · 86 Stat. 1074

   1. Inserted · 38 U.S.C. § 3684(b)

      Pub. L. 92–540, § 315(1), (2), (3), inserted reference to chapter 36 of this title

   2. Substituted · 38 U.S.C. § 3684(b)

      Pub. L. 92–540, § 315(1), (2), (3), substituted provisions relating to the computation of the reporting fee based on the number of eligible veterans or eligible persons enrolled under chapter 34, 35, or 36 of this title, or based on eligible veterans and eligible persons whose educational assistance checks are directed in care of such institution for temporary custody and delivery and are delivered at the time of registration as provided under section 1780(d)(5) of this title, for provisions relating to the computation of such fee based on eligible veterans enrolled under chapter 34 of this title, plus the number of eligible persons enrolled under chapter 35 of this title

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 92–540, § 315(1), (2), (3), inserted reference to chapter 36 of this title, and substituted provisions relating to the computation of the reporting fee based on the number of eligible veterans or eligible persons enrolled under chapter 34, 35, or 36 of this title, or based on eligible veterans and eligible persons whose educational assistance checks are directed in care of such institution for temporary custody and delivery and are delivered at the time of registration as provided under section 1780(d)(5) of this title, for provisions relating to the computation of such fee based on eligible veterans enrolled under chapter 34 of this title, plus the number of eligible persons enrolled under chapter 35 of this title.

   Enacted provision · exact public law section
   (1) striking out “34 or 35” and inserting in lieu thereof “34, 35, or 36” in subsection (a) and in the first sentence of subsection (b);

5. 1974

   Vietnam Era Veterans’ Readjustment Assistance Act of 1974

   Pub. L. 93–508 title II § 210(2) · 88 Stat. 1578

   Substituted · 38 U.S.C. § 3684(b)

   Pub. L. 93–508 extended the payment of reporting fee to educational institutions under this chapter and to joint apprenticeship training committees acting as training establishments, and in provisions relating to computation of such fee, substituted reference to this chapter for reference to chapter 36 of this title

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–508 extended the payment of reporting fee to educational institutions under this chapter and to joint apprenticeship training committees acting as training establishments, and in provisions relating to computation of such fee, substituted reference to this chapter for reference to chapter 36 of this title.

   Enacted provision · exact public law section
   (2) by amending section 1784(b) to read as follows: “(b) The Administrator may pay to any educational institution, or Reporting fee. to any joint apprenticeship training committee acting as a training establishment, furnishing education or training under either this chapter or chapter 34 or 35 of this title, a reporting fee which will be in lieu of any other compensation or reimbursement for reports or certifications which such educational institution or joint apprenticeship training committee is required to submit to him by law or regulation. Such reporting fee shall be computed for each calendar year by multiplying $3 by the number of eligible veterans or eligible persons enrolled under this chapter or chapter 34 or 35 of this title, or $4 in the case of those eligible veterans and eligible persons whose educational assistance checks are directed in care of each institution for temporary custody and delivery and are delivered at the time of registration as provided under section 1780(d) (5) of this title, on October 31 38 USC 1780. of that year; except that the Administrator may. where it is established by such educational institution or joint apprenticeship training committee that eligible veteran plus eligible person enrollment on such date varies more than 15 per centum from the peak eligible veteran enrollment plus eligible person enrollment in such educational institution or joint apprenticeship training committee during such calendar year, establish such other date as representative of the peak enrollment as may be justified for such educational institution or joint apprenticeship training committee. The reporting fee shall be paid to such educational institution or joint apprenticeship training committee as soon as feasible after the end of the calendar year for which it is applicable.”.

6. 1976

   Veterans’ Education and Employment Assistance Act of 1976

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

   Substituted · 38 U.S.C. § 3684(a)

   Pub. L. 94–502, §§ 507, 513(a)(17), substituted “prescribed by the Administrator” for “prescribed by him”, and specified the date of interruption or termination as the last date of pursuit, or in the case of a correspondence school, the last date a lesson was serviced

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–502, §§ 507, 513(a)(17), substituted “prescribed by the Administrator” for “prescribed by him”, and specified the date of interruption or termination as the last date of pursuit, or in the case of a correspondence school, the last date a lesson was serviced.

   Enacted provision · exact public law
   TITLE V— CHAPTER 36 EDUCATION LOAN AND PROGRAM ADMINISTRATION AMENDMENTS Sec. 501. Chapter 36 of title 38, United States Code, is amended— (1) by striking out in section 1786(a) (2) “$270” and inserting in lieu thereof “$292”; and (2) by amending the table contained in paragraph (1) of section 1787(b) to read as follows: “Column I Column II Column III Column IV Column V Periods of training No dependents One dependent Two dependents More than two dependents         The amount in column IV, plus the following for each dependent in excess of two: First 6 months $212 $238 $260 $11 Second 6 months 159 185 207  11 Third 6 months 106 132 154  11 Fourth and any succeeding 6-month periods  53  79 101  11”.           Sec. 502. (a) Section 1798 of title 38, United States Code, is amended— (1) by striking out in subsection (b)(3) “$270” and “$600” and inserting in lieu thereof “$292” and “$1,500”, respectively; and (2) by amending clause (3) of subsection (d) to read as follows: (3) shall provide that the loan shall bear interest, on the unpaid balance of the loan, at a rate prescribed by the Administrator, at the time the loan is contracted for which rate shall be comparable to the rate of interest charged students at such time on loans insured by the Commissioner of Education, Department of Health, Education, and Welfare, under part B of title IV of the Higher Education Act of 1965, but in no event shall the rate 20 USC 1071. so prescribed by the Administrator exceed the rate charged students on such insured loans, and shall provide that no interest shall accrue prior to the beginning date of repayment; and”. (b) The amendments made by subsection (a) shall be effective with 38 USC 1798 note. respect to loans made under section 1798 of title 38, United States Code, on and after October 1, 1976. Sec 503. Section 1774 of title 38, United States Code, is amended— (1) by adding at the end of subsection (a) thereof the following new sentence: “The Administrator may also reimburse such agencies for work performed by their subcontractors where such work has a direct relationship to the requirements of chapter 32, 34, 35, or 36 of this title, and has had the prior approval of the Ante, p. 2393. 38 USC 1651, 1700, 1770. Administrator.”; and (2) by amending subsection (b) to read as follows: “(b) The allowance for administrative expenses incurred pursuant to subsection (a) of this section shall be paid in accordance with the following formula: “Total salary cost reimbursable under this section Allowable for administrative expense $5,000 or less $600. Over $5,000 but not exceeding $10,000 $1,080. Over $10,000 but not exceeding $35,000 $1,080 for the first $10,000 plus $1,000 for each additional $5,000 or fraction thereof. Over $35,000 but not exceeding $40,000 $6,535. Over $40,000 but not exceeding $75,000 $6,535 for the first $40,000 plus $865 for each additional $5,000 or fraction thereof. Over $75,000 but not exceeding $80,000 $12,960. Over $80,000 $12,960 for the first $40,000 plus $755 for each additional $5,000 or fraction thereof. Sec. 504. Section 1775 of title 38, United States Code, is amended— (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 , (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”. Sec. 505. Section 1780(a) of title 38, United States Code, is amended— (1) by striking out at the end of clause (1) “or”; (2) by striking out the period at the end of clause (2) and inserting in lieu thereof a semicolon; and (3) by inserting immediately after clause (2) the following new clauses: (3) to any eligible veteran or person for auditing a course; (4) to any eligible veteran or person for a course for which the grade assigned is not used in computing the requirements for graduation including a course from which the student withdraws unless the Administrator finds there are mitigating circumstances; or (5) to any eligible veteran or person for pursuit of a program of education exclusively by correspondence as authorized under section 1786 of this title or for the pursuit of a correspondence portion of a combination correspondence-residence course leading to a vocational objective where the normal period of time required to complete such correspondence course or portion is less the 6 months. A certification as to the normal period of time required to complete the course must be made to the Administrator by the educational institution.”. Sec. 506. The last sentence of section 1780(a) of title 38, United States Code, is amended to read as follows: “Notwithstanding the foregoing, the Administrator may, subject to such regulations as the Administrator shall prescribe, continue to pay allowances to eligible veterans and eligible persons enrolled in courses set forth in clause (1) or (2) of this subsection— (A) during periods when the schools are temporarily closed under an established policy based upon an Executive order of the President or due to an emergency situation, and such periods shall not be counted as absences for the purposes of clause (2); “(B) during periods between consecutive school terms where such veterans or persons transfer from one approved educational institution to another approved educational institution for the purpose of enrolling in and pursuing a similar course at the second institution if the period between such consecutive terms does not exceed 30 days, but such periods shall be counted as absences for the purposes of clause (2); or (C) during periods between a semester, term, or quarter where the educational institution certifies the enrollment of the eligible veteran or eligible person on an individual semester, term, or quarter basis if the interval between such periods does not exceed 1 full calendar month, but such periods shall be counted as absences for the purposes of clause (2).”. Sec. 507. Section 1784(a) of title 38, United States Code, is amended by adding at the end thereof the following: “The date of interruption or termination will be the last date of pursuit or, in the case of correspondence training, the last date a lesson was serviced by the school.”. Sec. 508. Section 1784(b) of title 38, United States Code, is amended by striking out “$3” and “$4” and inserting in lieu thereof “$5” and “$6” respectively. Sec. 509. (a) Section 1788(a) of title 38, United States Code, is amended— (1) by striking out the semicolon at the, end of clause 1 and inserting in lieu thereof a comma and the following: “but if such course is approved pursuant to section 1775 of this title, then 27 38 USC 1775. hours per week of attendance, with no more than 2½ hours of rest period per week allowed and excluding supervised study, shall be considered full time;”; and (2) by striking out the semicolon at the end of clause 2 and inserting in lieu thereof a comma and the following: “but if such course is approved pursuant to section 1775 of this title, then 22 hours per week net of instruction (excluding supervised study), which may include customary intervals not to exceed ten minutes between hours of instruction, shall be considered full time;” (b) Section 1789 of title 38, United States Code, is amended— (1) by striking out “or” at the end of clause (4) in subsection (2) by striking out the period at the end of clause (5) in subsection (b) and inserting in lieu thereof “; or”; (3) by adding at the end of subsection (b) a new clause (6) to read as follows: “(6) any course offered by an educational institution under a contract with the Department of Defense that (A) is given on, or immediately adjacent to, a military base; (B) is available only to active duty military personnel and/or their dependents and (C) has been approved by the State approving agency of the State in which the base is located.”; and (4) by adding at the end thereof a new subsection (e) as follows: “(c) Notwithstanding the provisions of subsection (b) (1), (2), (3), or (4) of this section, the provisions of subsection (a) shall apply to any course offered by a branch or extension of— (1) a public or other tax-supported institution where the branch or extension is located outside of the area of the taxing jurisdiction providing support to such institution; or (2) a proprietary profit or proprietary nonprofit educational institution where the branch or extension is located beyond the normal commuting distance of such institution.”. Sec. 510. Section 1790(c) of title 38, United States Code, is amended to read as follows: “(c) Notwithstanding any other provision of law, the records and accounts of educational institutions pertaining to eligible veterans or eligible persons who received educational assistance under this chapter or chapter 31. 32, 34, or 35 of this title, as well as the records of other 38 USC 1501. Ante, p. 2393. 38 USC 1651, 1700. students which the Administrator determines necessary to ascertain institutional compliance with the requirements of such chapters, shall be available for examination by duly authorized representatives of the Government.”. Sec. 511. Subchapter II of chapter 36, United States Code, is amended— (1) by striking out section 1793 and inserting in lieu thereof the following: “§ 1793. Compliance surveys “The Administrator shall conduct an annual compliance survey of each institution offering one or more courses approved for the enrollment of eligible veterans or persons where at least 300 veterans or persons are enrolled under provisions of this title or where the course does not lead to a standard college degree. Such compliance survey shall assure that the institution and approved courses are in compliance with all applicable provisions of chapters 31, 34, 35, and 36 of this title. The Administrator shall assign at least one education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section.”; and (2) by striking out in the table of sections at the beginning of chapter 36 of such title “1703. Institutions listed by Attorney General.” and inserting in lieu thereof “1793. Compliance surveys.”. Sec. 512. Section 1796 of title 38, United States Code, is amended— (1) by redesignating subsections (b) and (c) as (c) and (d), respectively; and (2) by inserting after subsection (a) a new subsection (b) as follows: “(b) To ensure compliance with this section, any institution offering courses approved for the enrollment of eligible persons or veterans shall maintain a complete record of all advertising, sales, or enrollment materials (and copies thereof) utilized by or on behalf of the institution during the preceding 12-month period. Such record shall be available for inspection by the State approving agency or the Administrator. Such materials shall include but are not limited to any direct mail pieces, brochures, printed literature used by sales persons, films, video tapes, and audio tapes disseminated through broadcast media, material disseminated through print media, tear sheets, leaflets, handbills, fliers, and any sales or recruitment manuals used to instruct sales personnel, agents, or representatives of such institution.”. Sec. 513. (a) Chapter 36 of title 38, United States Code, is amended— (1) by striking out in section 1771(a) “his” and inserting in lieu thereof “such”; (2) by striking out in section 1775(a) “he” and inserting in lieu thereof “the Commissioner”; (3) by striking out in subsections (b) and (c) of section 1777 “he”, “Kim”, “his” each time they appear and inserting in lieu thereof “the veteran or person”, “the veteran or person”, and “such veteran’s or person’s”, respectively; (4) by striking out in section 1779(b) “his” and inserting in lieu thereof “the Administrator’s”; (5) by striking out in subsections (a) and (b) of section 1780 “his”, “wife or widow”, and “wife’s or widow’s” each time they appear and inserting in lieu thereof “such veteran’s or person’s”, “spouse or surviving spouse”, and “spouse’s or surviving spouse’s”, respectively; (6) by striking out in subsections (c) and (d) of section 1780 “his” and “he” each time they appear and inserting in lieu thereof “such veteran’s or person’s” and “the veteran or person”, respectively; (7) by inserting “may” immediately before “need” in section 1780(d)(1); (8) by inserting immediately after the fourth sentence in section 1780(d) (2) the following new sentence: “An advance pay-ment may not be made under this subsection to any veteran or person unless the veteran or person requests such payment and the Administrator finds that the educational institution at which such veteran or person is accepted or enrolled has agreed to, and can satisfactorily, carry out the provisions of paragraphs 5(B) and (C) and (6) of this subsection.” (9) by striking out section 1780(e) and the heading thereto ; 38 USC 1780. (10) by redesignating subsections (f), (g), and (h) of section 1780 as subsections (e), (f), and (g), respectively, and by adding at the end of such subsection (g) (as so redesignated) the following : “Subject to such reports and proof as the Administrator may require to show an eligible veteran’s or eligible person’s enrollment in and satisfactory pursuit of such person’s program, the Administrator is authorized to withhold the final payment of benefits to such person until the required proof is received and the amount of the final payment is appropriately adjusted.”; (11) by striking out in section 1780(f) “him” and inserting in lieu thereof “such veteran or person”; (12) by striking out in section 1780(h) “he” the first time it appears and inserting in lieu thereof “the Administrator” and by striking out “he” the second time it appears and inserting in lieu thereof “the veteran or person” ; (13) by striking out in section 1781 “him” and inserting in lieu 38 USC 1781. thereof “such person”; (14) by striking out in section 1783(a) “his” and inserting in 38 USC 1783. lieu thereof “such officer’s or employee’s”; (15) by striking out in section 1783(b) “he” the first time it appears and inserting in lieu thereof “such person” and by striking out “he” the second time it appears and inserting in lieu thereof “the Administrator”; (16) by striking out in section 1783(d) “he” and inserting in lieu thereof “the Administrator”: (17) by striking out in subsections (a) and (b) of section 1784 38 USC 1784. “him” and inserting in lieu thereof “the Administrator”; (18) by striking put in subsections (a), (b), and (c) of section 1786 “wife and widow” and “his” each time they appear and inserting in lieu thereof “spouse or surviving spouse” and “such veteran’s or spouse’s”, respectively ; (19) by striking out in subsections (a), (b),and (d) of section 1790 “he” each time it appears and inserting in lieu thereof “the Administrator”; (20) by striking out in subsections (a), (b). and (c) of section 1791 “his” and “he” each time they appear and inserting in lieu thereof “the veteran’s or person’s” and “the Administrator”, respectively; (21) by striking out in section 1794 “his” and inserting in lieu 38 USC 1794. thereof “the Administrator’s”; (22) by striking out in section 1796(c) (as redesignated by 38 USC 1796. section 513(1) of this Act) “his” and inserting in lieu thereof “the Administrator’s”; (23) by striking out in section 1798(b) (1) “he” and inserting 38 USC 1798. in lieu thereof “the veteran or person” and by striking out in section 1798(e)(1) “he” and inserting in lieu thereof “the Administrator” ; and (24) by striking out in section 1799(d) “his” and inserting in lieu thereof “the Administrator’s”. (b) The amendments made by paragraphs (7), (8), (9), and (10) of subsection (a) shall take effect June 1, 1977, and shall apply with respect to educational assistance allowances and subsistence allowances paid under title 38, United States Code, for months after May 1977.

7. 1976

   Veterans’ Education and Employment Assistance Act of 1976

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

   1. Substituted · 38 U.S.C. § 3684(b)

      Pub. L. 94–502, §§ 508, 513(a)(17), substituted “$5” for “$3”

   2. Substituted · 38 U.S.C. § 3684(b)

      Pub. L. 94–502, §§ 508, 513(a)(17), substituted “$6” for “$4”

   3. Substituted · 38 U.S.C. § 3684(b)

      Pub. L. 94–502, §§ 508, 513(a)(17), substituted “submit to the Administrator” for “submit to him”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–502, §§ 508, 513(a)(17), substituted “$5” for “$3”, “$6” for “$4”, and “submit to the Administrator” for “submit to him”.

   Enacted provision · exact public law
   TITLE V— CHAPTER 36 EDUCATION LOAN AND PROGRAM ADMINISTRATION AMENDMENTS Sec. 501. Chapter 36 of title 38, United States Code, is amended— (1) by striking out in section 1786(a) (2) “$270” and inserting in lieu thereof “$292”; and (2) by amending the table contained in paragraph (1) of section 1787(b) to read as follows: “Column I Column II Column III Column IV Column V Periods of training No dependents One dependent Two dependents More than two dependents         The amount in column IV, plus the following for each dependent in excess of two: First 6 months $212 $238 $260 $11 Second 6 months 159 185 207  11 Third 6 months 106 132 154  11 Fourth and any succeeding 6-month periods  53  79 101  11”.           Sec. 502. (a) Section 1798 of title 38, United States Code, is amended— (1) by striking out in subsection (b)(3) “$270” and “$600” and inserting in lieu thereof “$292” and “$1,500”, respectively; and (2) by amending clause (3) of subsection (d) to read as follows: (3) shall provide that the loan shall bear interest, on the unpaid balance of the loan, at a rate prescribed by the Administrator, at the time the loan is contracted for which rate shall be comparable to the rate of interest charged students at such time on loans insured by the Commissioner of Education, Department of Health, Education, and Welfare, under part B of title IV of the Higher Education Act of 1965, but in no event shall the rate 20 USC 1071. so prescribed by the Administrator exceed the rate charged students on such insured loans, and shall provide that no interest shall accrue prior to the beginning date of repayment; and”. (b) The amendments made by subsection (a) shall be effective with 38 USC 1798 note. respect to loans made under section 1798 of title 38, United States Code, on and after October 1, 1976. Sec 503. Section 1774 of title 38, United States Code, is amended— (1) by adding at the end of subsection (a) thereof the following new sentence: “The Administrator may also reimburse such agencies for work performed by their subcontractors where such work has a direct relationship to the requirements of chapter 32, 34, 35, or 36 of this title, and has had the prior approval of the Ante, p. 2393. 38 USC 1651, 1700, 1770. Administrator.”; and (2) by amending subsection (b) to read as follows: “(b) The allowance for administrative expenses incurred pursuant to subsection (a) of this section shall be paid in accordance with the following formula: “Total salary cost reimbursable under this section Allowable for administrative expense $5,000 or less $600. Over $5,000 but not exceeding $10,000 $1,080. Over $10,000 but not exceeding $35,000 $1,080 for the first $10,000 plus $1,000 for each additional $5,000 or fraction thereof. Over $35,000 but not exceeding $40,000 $6,535. Over $40,000 but not exceeding $75,000 $6,535 for the first $40,000 plus $865 for each additional $5,000 or fraction thereof. Over $75,000 but not exceeding $80,000 $12,960. Over $80,000 $12,960 for the first $40,000 plus $755 for each additional $5,000 or fraction thereof. Sec. 504. Section 1775 of title 38, United States Code, is amended— (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 , (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”. Sec. 505. Section 1780(a) of title 38, United States Code, is amended— (1) by striking out at the end of clause (1) “or”; (2) by striking out the period at the end of clause (2) and inserting in lieu thereof a semicolon; and (3) by inserting immediately after clause (2) the following new clauses: (3) to any eligible veteran or person for auditing a course; (4) to any eligible veteran or person for a course for which the grade assigned is not used in computing the requirements for graduation including a course from which the student withdraws unless the Administrator finds there are mitigating circumstances; or (5) to any eligible veteran or person for pursuit of a program of education exclusively by correspondence as authorized under section 1786 of this title or for the pursuit of a correspondence portion of a combination correspondence-residence course leading to a vocational objective where the normal period of time required to complete such correspondence course or portion is less the 6 months. A certification as to the normal period of time required to complete the course must be made to the Administrator by the educational institution.”. Sec. 506. The last sentence of section 1780(a) of title 38, United States Code, is amended to read as follows: “Notwithstanding the foregoing, the Administrator may, subject to such regulations as the Administrator shall prescribe, continue to pay allowances to eligible veterans and eligible persons enrolled in courses set forth in clause (1) or (2) of this subsection— (A) during periods when the schools are temporarily closed under an established policy based upon an Executive order of the President or due to an emergency situation, and such periods shall not be counted as absences for the purposes of clause (2); “(B) during periods between consecutive school terms where such veterans or persons transfer from one approved educational institution to another approved educational institution for the purpose of enrolling in and pursuing a similar course at the second institution if the period between such consecutive terms does not exceed 30 days, but such periods shall be counted as absences for the purposes of clause (2); or (C) during periods between a semester, term, or quarter where the educational institution certifies the enrollment of the eligible veteran or eligible person on an individual semester, term, or quarter basis if the interval between such periods does not exceed 1 full calendar month, but such periods shall be counted as absences for the purposes of clause (2).”. Sec. 507. Section 1784(a) of title 38, United States Code, is amended by adding at the end thereof the following: “The date of interruption or termination will be the last date of pursuit or, in the case of correspondence training, the last date a lesson was serviced by the school.”. Sec. 508. Section 1784(b) of title 38, United States Code, is amended by striking out “$3” and “$4” and inserting in lieu thereof “$5” and “$6” respectively. Sec. 509. (a) Section 1788(a) of title 38, United States Code, is amended— (1) by striking out the semicolon at the, end of clause 1 and inserting in lieu thereof a comma and the following: “but if such course is approved pursuant to section 1775 of this title, then 27 38 USC 1775. hours per week of attendance, with no more than 2½ hours of rest period per week allowed and excluding supervised study, shall be considered full time;”; and (2) by striking out the semicolon at the end of clause 2 and inserting in lieu thereof a comma and the following: “but if such course is approved pursuant to section 1775 of this title, then 22 hours per week net of instruction (excluding supervised study), which may include customary intervals not to exceed ten minutes between hours of instruction, shall be considered full time;” (b) Section 1789 of title 38, United States Code, is amended— (1) by striking out “or” at the end of clause (4) in subsection (2) by striking out the period at the end of clause (5) in subsection (b) and inserting in lieu thereof “; or”; (3) by adding at the end of subsection (b) a new clause (6) to read as follows: “(6) any course offered by an educational institution under a contract with the Department of Defense that (A) is given on, or immediately adjacent to, a military base; (B) is available only to active duty military personnel and/or their dependents and (C) has been approved by the State approving agency of the State in which the base is located.”; and (4) by adding at the end thereof a new subsection (e) as follows: “(c) Notwithstanding the provisions of subsection (b) (1), (2), (3), or (4) of this section, the provisions of subsection (a) shall apply to any course offered by a branch or extension of— (1) a public or other tax-supported institution where the branch or extension is located outside of the area of the taxing jurisdiction providing support to such institution; or (2) a proprietary profit or proprietary nonprofit educational institution where the branch or extension is located beyond the normal commuting distance of such institution.”. Sec. 510. Section 1790(c) of title 38, United States Code, is amended to read as follows: “(c) Notwithstanding any other provision of law, the records and accounts of educational institutions pertaining to eligible veterans or eligible persons who received educational assistance under this chapter or chapter 31. 32, 34, or 35 of this title, as well as the records of other 38 USC 1501. Ante, p. 2393. 38 USC 1651, 1700. students which the Administrator determines necessary to ascertain institutional compliance with the requirements of such chapters, shall be available for examination by duly authorized representatives of the Government.”. Sec. 511. Subchapter II of chapter 36, United States Code, is amended— (1) by striking out section 1793 and inserting in lieu thereof the following: “§ 1793. Compliance surveys “The Administrator shall conduct an annual compliance survey of each institution offering one or more courses approved for the enrollment of eligible veterans or persons where at least 300 veterans or persons are enrolled under provisions of this title or where the course does not lead to a standard college degree. Such compliance survey shall assure that the institution and approved courses are in compliance with all applicable provisions of chapters 31, 34, 35, and 36 of this title. The Administrator shall assign at least one education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section.”; and (2) by striking out in the table of sections at the beginning of chapter 36 of such title “1703. Institutions listed by Attorney General.” and inserting in lieu thereof “1793. Compliance surveys.”. Sec. 512. Section 1796 of title 38, United States Code, is amended— (1) by redesignating subsections (b) and (c) as (c) and (d), respectively; and (2) by inserting after subsection (a) a new subsection (b) as follows: “(b) To ensure compliance with this section, any institution offering courses approved for the enrollment of eligible persons or veterans shall maintain a complete record of all advertising, sales, or enrollment materials (and copies thereof) utilized by or on behalf of the institution during the preceding 12-month period. Such record shall be available for inspection by the State approving agency or the Administrator. Such materials shall include but are not limited to any direct mail pieces, brochures, printed literature used by sales persons, films, video tapes, and audio tapes disseminated through broadcast media, material disseminated through print media, tear sheets, leaflets, handbills, fliers, and any sales or recruitment manuals used to instruct sales personnel, agents, or representatives of such institution.”. Sec. 513. (a) Chapter 36 of title 38, United States Code, is amended— (1) by striking out in section 1771(a) “his” and inserting in lieu thereof “such”; (2) by striking out in section 1775(a) “he” and inserting in lieu thereof “the Commissioner”; (3) by striking out in subsections (b) and (c) of section 1777 “he”, “Kim”, “his” each time they appear and inserting in lieu thereof “the veteran or person”, “the veteran or person”, and “such veteran’s or person’s”, respectively; (4) by striking out in section 1779(b) “his” and inserting in lieu thereof “the Administrator’s”; (5) by striking out in subsections (a) and (b) of section 1780 “his”, “wife or widow”, and “wife’s or widow’s” each time they appear and inserting in lieu thereof “such veteran’s or person’s”, “spouse or surviving spouse”, and “spouse’s or surviving spouse’s”, respectively; (6) by striking out in subsections (c) and (d) of section 1780 “his” and “he” each time they appear and inserting in lieu thereof “such veteran’s or person’s” and “the veteran or person”, respectively; (7) by inserting “may” immediately before “need” in section 1780(d)(1); (8) by inserting immediately after the fourth sentence in section 1780(d) (2) the following new sentence: “An advance pay-ment may not be made under this subsection to any veteran or person unless the veteran or person requests such payment and the Administrator finds that the educational institution at which such veteran or person is accepted or enrolled has agreed to, and can satisfactorily, carry out the provisions of paragraphs 5(B) and (C) and (6) of this subsection.” (9) by striking out section 1780(e) and the heading thereto ; 38 USC 1780. (10) by redesignating subsections (f), (g), and (h) of section 1780 as subsections (e), (f), and (g), respectively, and by adding at the end of such subsection (g) (as so redesignated) the following : “Subject to such reports and proof as the Administrator may require to show an eligible veteran’s or eligible person’s enrollment in and satisfactory pursuit of such person’s program, the Administrator is authorized to withhold the final payment of benefits to such person until the required proof is received and the amount of the final payment is appropriately adjusted.”; (11) by striking out in section 1780(f) “him” and inserting in lieu thereof “such veteran or person”; (12) by striking out in section 1780(h) “he” the first time it appears and inserting in lieu thereof “the Administrator” and by striking out “he” the second time it appears and inserting in lieu thereof “the veteran or person” ; (13) by striking out in section 1781 “him” and inserting in lieu 38 USC 1781. thereof “such person”; (14) by striking out in section 1783(a) “his” and inserting in 38 USC 1783. lieu thereof “such officer’s or employee’s”; (15) by striking out in section 1783(b) “he” the first time it appears and inserting in lieu thereof “such person” and by striking out “he” the second time it appears and inserting in lieu thereof “the Administrator”; (16) by striking out in section 1783(d) “he” and inserting in lieu thereof “the Administrator”: (17) by striking out in subsections (a) and (b) of section 1784 38 USC 1784. “him” and inserting in lieu thereof “the Administrator”; (18) by striking put in subsections (a), (b), and (c) of section 1786 “wife and widow” and “his” each time they appear and inserting in lieu thereof “spouse or surviving spouse” and “such veteran’s or spouse’s”, respectively ; (19) by striking out in subsections (a), (b),and (d) of section 1790 “he” each time it appears and inserting in lieu thereof “the Administrator”; (20) by striking out in subsections (a), (b). and (c) of section 1791 “his” and “he” each time they appear and inserting in lieu thereof “the veteran’s or person’s” and “the Administrator”, respectively; (21) by striking out in section 1794 “his” and inserting in lieu 38 USC 1794. thereof “the Administrator’s”; (22) by striking out in section 1796(c) (as redesignated by 38 USC 1796. section 513(1) of this Act) “his” and inserting in lieu thereof “the Administrator’s”; (23) by striking out in section 1798(b) (1) “he” and inserting 38 USC 1798. in lieu thereof “the veteran or person” and by striking out in section 1798(e)(1) “he” and inserting in lieu thereof “the Administrator” ; and (24) by striking out in section 1799(d) “his” and inserting in lieu thereof “the Administrator’s”. (b) The amendments made by paragraphs (7), (8), (9), and (10) of subsection (a) shall take effect June 1, 1977, and shall apply with respect to educational assistance allowances and subsistence allowances paid under title 38, United States Code, for months after May 1977.

8. 1977

   GI Bill Improvement Act of 1977

   Pub. L. 95–202 title III § 304(a)(1) · 91 Stat. 1433

   1. Substituted · 38 U.S.C. § 3684(b)

      Pub. L. 95–202 substituted “$7” and “$11” for “$5” and “$6”, respectively

   2. Inserted · 38 U.S.C. § 3684(b)

      Pub. L. 95–202 inserted provision that no reporting fee payable to an educational institution under this subsection be subject to offset by the Administrator against any liability of the institution for any overpayment for which the institution may be administratively determined to be liable under section 1785 of this title unless that liability is not contested by the institution or has been upheld by a final decree of a court of appropriate jurisdiction

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–202 substituted “$7” and “$11” for “$5” and “$6”, respectively, and inserted provision that no reporting fee payable to an educational institution under this subsection be subject to offset by the Administrator against any liability of the institution for any overpayment for which the institution may be administratively determined to be liable under section 1785 of this title unless that liability is not contested by the institution or has been upheld by a final decree of a court of appropriate jurisdiction.

   Enacted provision · exact public law section
   (1) amending section 1784(b) by— (A) striking out “$5” and “$6” in the second sentence and inserting in lieu thereof “$7” and “$11”, respectively; and (B) inserting at the end thereof the following new sentence: “No reporting fee payable to an educational institution under this subsection shall be subject to offset by the Administrator against any liability of such institution for any overpayment for which such institution may be administratively determined to be liable under section 1785 of this Infra. title unless such liability is not contested by such institution or has been upheld by a final decree of a court of appropriate jurisdiction.”;

9. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 § 343(b)(1) · 94 Stat. 2171

   Substituted · 38 U.S.C. § 3684

   Pub. L. 96–466, § 343(b)(1), substituted “Reports by veterans, eligible persons, and institutions” for “Reports by institutions” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 96–466, § 343(b)(1), substituted “Reports by veterans, eligible persons, and institutions” for “Reports by institutions” in section catchline.

   Enacted provision · exact public law section
   (1) The catchline of such section is amended to read as follows: “§ 1784. Reports by veterans, eligible persons, and institutions; reporting fee”.

10. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 343(a)(1) · 94 Stat. 2171

    Changed · 38 U.S.C. § 3684(a)

    Pub. L. 96–466, § 343(a)(1), expanded provisions to require reports by veterans and eligible persons

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–466, § 343(a)(1), expanded provisions to require reports by veterans and eligible persons.

    Enacted provision · exact public law section
    (1) amending subsection (a) to read as follows: “(a) The veteran or eligible person and the educational institution offering a course in which such veteran or eligible person is enrolled 38 USC 1651 et seq., 1700 et seq., 1770 et seq. under chapter 34, 35, or 36 of this title shall, without delay, report to the Administrator, in the form prescribed by the Administrator, such enrollment and any interruption or termination of the education of each such veteran or eligible person. The date of such interruption or termination will be the last date of pursuit, or, in the case of correspondence training, the last date a lesson was serviced by a school.”; and

11. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 343(a)(2) · 94 Stat. 2171

    Redesignated · 38 U.S.C. § 3684(b)

    Pub. L. 96–466, § 343(a)(2), added subsec. (b). Former subsec. (b) redesignated (c)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–466, § 343(a)(2), added subsec. (b). Former subsec. (b) redesignated (c).

    Enacted provision · exact public law section
    (2) redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following new subsection (b): “(b) The Administrator, prior to making payment of a reporting fee to an educational institution, as provided for in subsection (c) of this section, shall require such institution to certify that it has exercised reasonable diligence in determining whether such institution or any course offered by such institution approved for the enrollment of veterans or eligible persons meets all of the applicable requirements of chapters 34, 35, and 36 of this title and that it will, without 38 USC 1651 et seq., 1700 et seq., 1770 et seq. delay, report any failure to meet any such requirement to the Administrator.”.

12. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 title III § 343(a) · 94 Stat. 2171

    1. Redesignated · 38 U.S.C. § 3684(c)

       Pub. L. 96–466, §§ 343(a)(2), 601(e), redesignated former subsec. (b) as (c)

    2. Substituted · 38 U.S.C. § 3684(c)

       Pub. L. 96–466, §§ 343(a)(2), 601(e), substituted “section 1780(d)(4)” for “section 1780(d)(5)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–466, §§ 343(a)(2), 601(e), redesignated former subsec. (b) as (c) and substituted “section 1780(d)(4)” for “section 1780(d)(5)”.

    Enacted provision · exact public law section
    (a) Section 1784 is amended by— (1) amending subsection (a) to read as follows: “(a) The veteran or eligible person and the educational institution offering a course in which such veteran or eligible person is enrolled 38 USC 1651 et seq., 1700 et seq., 1770 et seq. under chapter 34, 35, or 36 of this title shall, without delay, report to the Administrator, in the form prescribed by the Administrator, such enrollment and any interruption or termination of the education of each such veteran or eligible person. The date of such interruption or termination will be the last date of pursuit, or, in the case of correspondence training, the last date a lesson was serviced by a school.”; and (2) redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following new subsection (b): “(b) The Administrator, prior to making payment of a reporting fee to an educational institution, as provided for in subsection (c) of this section, shall require such institution to certify that it has exercised reasonable diligence in determining whether such institution or any course offered by such institution approved for the enrollment of veterans or eligible persons meets all of the applicable requirements of chapters 34, 35, and 36 of this title and that it will, without 38 USC 1651 et seq., 1700 et seq., 1770 et seq. delay, report any failure to meet any such requirement to the Administrator.”.

13. 1982

    Pub. L. 97–295 § 4(55) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 3684(c)

    Pub. L. 97–295 substituted “percent” for “per centum”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–295 substituted “percent” for “per centum”.

    Enacted provision · exact public law section
    (55) Section 1784(c) is amended by striking out “per centum” 38 USC 1784. and substituting “percent”.

14. 1986

    Pub. L. 99–576 § 318 · 100 Stat. 3248

    1. Amended · 38 U.S.C. § 3684(a)(1); 38 U.S.C. § 3684(a)(2)

       Pub. L. 99–576, § 318, designated existing provisions as par. (1)

    2. Substituted · 38 U.S.C. § 3684(a)(1); 38 U.S.C. § 3684(a)(2)

       Pub. L. 99–576, § 318, substituted “Except as provided in paragraph (2) of this subsection, the” for “The”

    3. Added · 38 U.S.C. § 3684(a)(1); 38 U.S.C. § 3684(a)(2)

       Pub. L. 99–576, § 318, added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a)(1), (2). Pub. L. 99–576, § 318, designated existing provisions as par. (1), substituted “Except as provided in paragraph (2) of this subsection, the” for “The”, and added par. (2).

    Enacted provision · exact public law section
    SEC. 318. REPORTING REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS. Section 1784(a) is amended— (1) by striking out “(a) The” and inserting in lieu thereof “(a)(1) Except as provided in paragraph (2) of this subsection, the”; and (2) by adding at the end the following new paragraph: “(2) (A) In the case of a program of independent study pursued on less than a half-time basis in an educational institution, the Administrator may approve a delay by the educational institution in reporting the enrollment or reenrollment of an eligible veteran or eligible person until the end of the term, quarter, or semester if the educational institution requests the delay and the Administrator determines that it is not feasible for the educational institution to monitor interruption or termination of the veteran’s or eligible person’s pursuit of such program. “(B) An educational institution which, pursuant to subparagraph (A) of this paragraph, is delaying the reporting of the enrollment or reenrollment of a veteran shall provide the veteran with notice of the delay at the time that the veteran enrolls or reenrolls.”.

15. 1986

    Pub. L. 99–576 § 319 · 100 Stat. 3248

    Added · 38 U.S.C. § 3684(a)(3)

    Pub. L. 99–576, § 319, added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 99–576, § 319, added par. (3).

    Enacted provision · exact public law section
    SEC. 319. PROHIBITION OF A TERM-BY-TERM CERTIFICATION REQUIREMENT. Section 1784(a), as amended by section 318 of this Act, is further amended by adding at the end the following new paragraph: “(3) (A) Subject to subparagraph (B) of this paragraph, an educational institution offering courses on a term, quarter, or semester basis may certify the enrollment of a veteran who is not on active duty, or of an eligible person, in such courses for more than one term, quarter, or semester at a time, but not for a period extending beyond the end of a school year (including the summer enrollment period). “(B) Subparagraph (A) of this paragraph shall not apply with respect to any term, quarter, or semester for which the veteran or eligible person is enrolled on a less than half-time basis and shall not be construed as restricting the Administrator from requiring that an educational institution, in reporting an enrollment for more than one term, quarter, or semester, specify the dates of any intervals within or between any such terms, quarters, or semesters.”.

16. 1989

    Veterans Education and Employment Amendments of 1989

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

    Substituted · 38 U.S.C. § 3684(a)(1)

    Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 101–237, § 423(b)(1)(A), 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

17. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 416(a)(1) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3684(a)(1)

    Pub. L. 101–237, § 416(a)(1), substituted “chapter 31, 34,” for “chapter 34”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–237, § 416(a)(1), substituted “chapter 31, 34,” for “chapter 34”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1), by striking out “chapter 34” and inserting in lieu thereof “chapter 31,34”;

18. 1989

    Veterans Education and Employment Amendments of 1989

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

    Substituted · 38 U.S.C. § 3684(a)(2)(A); 38 U.S.C. § 3684(a)(3)(B)

    Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A), (3)(B). Pub. L. 101–237, § 423(b)(1)(A), 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

19. 1989

    Veterans Education and Employment Amendments of 1989

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

    Substituted · 38 U.S.C. § 3684(b)

    Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–237, § 423(b)(1)(A), 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

20. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 416(a)(2) · 103 Stat. 2062

    Inserted · 38 U.S.C. § 3684(b)

    Pub. L. 101–237, § 416(a)(2), inserted reference to chapter 31

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–237, § 416(a)(2), inserted reference to chapter 31.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking out “chapters 34” and inserting in lieu thereof “chapters 31,34”; and

21. 1989

    Veterans Education and Employment Amendments of 1989

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

    Substituted · 38 U.S.C. § 3684(c)

    Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–237, § 423(b)(1)(A), 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

22. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 416(a)(3) · 103 Stat. 2062

    Inserted · 38 U.S.C. § 3684(c)

    Pub. L. 101–237, § 416(a)(3), inserted references to chapter 31

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–237, § 416(a)(3), inserted references to chapter 31.

    Enacted provision · exact public law section
    (3) in subsection (c), by striking out “chapter 34” each place it appears and inserting in lieu thereof “chapter 31, 34,”,

23. 1991

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

    Changed · 38 U.S.C. § 3684

    Pub. L. 102–83, § 5(a), renumbered section 1784 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1784 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.

24. 1991

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

    1. Substituted · 38 U.S.C. § 3684(c)

       Pub. L. 102–83, § 5(c)(1), substituted “3680(d)(4)” for “1780(d)(4)”

    2. Substituted · 38 U.S.C. § 3684(c)

       Pub. L. 102–83, § 5(c)(1), substituted “3685” for “1785”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3680(d)(4)” for “1780(d)(4)” and “3685” for “1785”.

    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.

25. 1998

    Pub. L. 105–368 title II § 201(a) · 112 Stat. 3315

    1. Substituted · 38 U.S.C. § 3684(c)

       Pub. L. 105–368, in second sentence, substituted “during the calender year.” for “on October 31 of that year; except that the Secretary may, where it is established by such educational institution or joint apprenticeship training committee that eligible veteran plus eligible person enrollment on such date varies more than 15 percent from the peak eligible veteran enrollment plus eligible person enrollment in such educational institution or joint apprenticeship training committee during such calendar year, establish such other date as representative of the peak enrollment as may be justified for such educational institution or joint apprenticeship training committee.”

    2. Inserted · 38 U.S.C. § 3684(c)

       Pub. L. 105–368, in second sentence, inserted at end “The reporting fee payable under this subsection shall be paid from amounts appropriated for readjustment benefits.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–368, in second sentence, substituted “during the calender year.” for “on October 31 of that year; except that the Secretary may, where it is established by such educational institution or joint apprenticeship training committee that eligible veteran plus eligible person enrollment on such date varies more than 15 percent from the peak eligible veteran enrollment plus eligible person enrollment in such educational institution or joint apprenticeship training committee during such calendar year, establish such other date as representative of the peak enrollment as may be justified for such educational institution or joint apprenticeship training committee.” and inserted at end “The reporting fee payable under this subsection shall be paid from amounts appropriated for readjustment benefits.”

    Enacted provision · exact public law section
    (a) In General.— The second sentence of section 3684(c) is amended by striking “on October 31” and all that follows through the period and inserting “during the calendar year.”.

26. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title IV § 404(a)(7) · 114 Stat. 1822

    Substituted · 38 U.S.C. § 3684(c)

    Pub. L. 106–419 substituted “calendar” for “calender” after “during the”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–419 substituted “calendar” for “calender” after “during the”.

    Enacted provision · exact public law section
    (7) Section 3684(c) is amended by striking “calendar” and inserting “calendar”.

27. 2004

    Veterans Earn and Learn Act of 2004

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

    Substituted · 38 U.S.C. § 3684(c)

    Pub. L. 108–454 substituted “or to the sponsor of a program of apprenticeship” for “or to any joint apprenticeship training committee acting as a training establishment”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–454 substituted “or to the sponsor of a program of apprenticeship” for “or to any joint apprenticeship training committee acting as a training establishment”.

    Enacted provision · exact public law section
    (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”.

28. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 title X § 1001(i) · 124 Stat. 2864

    Substituted · 38 U.S.C. § 3684(a)(1)

    Pub. L. 111–275 substituted “34,” for “34,,”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 111–275 substituted “34,” for “34,,”.

    Enacted provision · exact public law section
    (i) Chapter 36.— Section 3684(a)(1) is amended by striking “,,” and inserting a comma.

29. 2011

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

    Pub. L. 111–377 title II § 204(a) · 124 Stat. 4106

    1. Substituted · 38 U.S.C. § 3684(c)

       Pub. L. 111–377 substituted “multiplying $12” for “multiplying $7”

    2. Substituted · 38 U.S.C. § 3684(c)

       Pub. L. 111–377 substituted “or $15” for “or $11”

    3. Inserted · 38 U.S.C. § 3684(c)

       Pub. L. 111–377 inserted after fourth sentence “Any reporting fee paid an educational institution or joint apprenticeship training committee after the date of the enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2011 shall be utilized by such institution or committee solely for the making of certifications required under this chapter or chapter 31, 34, or 35 of this title or for otherwise supporting programs for veterans.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 111–377 substituted “multiplying $12” for “multiplying $7” and “or $15” for “or $11” and inserted after fourth sentence “Any reporting fee paid an educational institution or joint apprenticeship training committee after the date of the enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2011 shall be utilized by such institution or committee solely for the making of certifications required under this chapter or chapter 31, 34, or 35 of this title or for otherwise supporting programs for veterans.”

    Enacted provision · exact public law section
    (a) Increase in Amount of Fees.— Section 3684(c) is amended— (1) by striking “multiplying $7” and inserting “multiplying $12”; and (2) by striking “or $11” and inserting “or $15”.

30. 2013

    Pub. L. 112–249 § 3 · 126 Stat. 2398

    Added · 38 U.S.C. § 3684(d)

    Pub. L. 112–249 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 112–249 added subsec. (d).

    Enacted provision · exact public law section
    SEC. 3. DEDICATED POINTS OF CONTACT FOR SCHOOL CERTIFYING OFFICIALS.   Section 3684 of title 38, United States Code, is amended by adding at the end the following new subsection: “(d) Deadline. Not later than 90 days after the date of the enactment of this subsection, the Secretary shall ensure that the Department provides personnel of educational institutions who are charged with submitting reports or certifications to the Secretary under this section with assistance in preparing and submitting such reports or certifications.” .

31. 2016

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

    Pub. L. 114–315 § 407(a)(1) · 130 Stat. 1536

    Inserted · 38 U.S.C. § 3684(a)(1)

    Pub. L. 114–315, § 407(a)(1), inserted “32, 33,” after “31,”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 114–315, § 407(a)(1), inserted “32, 33,” after “31,”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by inserting “32, 33,” after “31,”; and

32. 2016

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

    Pub. L. 114–315 § 407(a)(2) · 130 Stat. 1536

    Added · 38 U.S.C. § 3684(a)(4)

    Pub. L. 114–315, § 407(a)(2), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 114–315, § 407(a)(2), added par. (4).

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph: “(4) For purposes of this subsection, the term ‘educational institution’ may include a group, district, or consortium of separately accredited educational institutions located in the same State that are organized in a manner that facilitates the centralized reporting of the enrollments in such group, district, or consortium of institutions.” .

33. 2017

    Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 § 309 · 131 Stat. 973

    1. Added · 38 U.S.C. § 3684(a)(4); 38 U.S.C. § 3684(a)(5)

       Pub. L. 115–48, § 309, added par. (4)

    2. Redesignated · 38 U.S.C. § 3684(a)(4); 38 U.S.C. § 3684(a)(5)

       Pub. L. 115–48, § 309, redesignated former par. (4) as (5)

    Source evidence

    Code amendment note
    Subsec. (a)(4), (5). Pub. L. 115–48, § 309, added par. (4) and redesignated former par. (4) as (5).

    Enacted provision · exact public law section
    SEC. 309. TREATMENT, FOR PURPOSES OF EDUCATIONAL ASSISTANCE ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS, OF EDUCATIONAL COURSES THAT BEGIN SEVEN OR FEWER DAYS AFTER THE FIRST DAY OF AN ACADEMIC TERM.   Section 3684(a) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph (4): “(4) A course offered by an educational institution that does not begin on the first day of an academic term, but does begin seven or fewer days after such day, shall be treated as beginning on such day for purposes of this section.” .

    Effective date note
    Pub. L. 115–48, title III, § 304(b), Aug. 16, 2017, 131 Stat. 992, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on August 1, 2018.”

34. 2017

    Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 § 304(a) · 131 Stat. 973

    Amended · 38 U.S.C. § 3684(c)

    Pub. L. 115–48, § 304(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to purpose, computation, payment, and utilization of reporting fee

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–48, § 304(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to purpose, computation, payment, and utilization of reporting fee.

    Enacted provision · exact public law section
    (a) In General.— Subsection (c) of section 3684 is amended to read as follows: “(c) (1) The Secretary may pay to any educational institution, or to the sponsor of a program of apprenticeship, furnishing education or training under either this chapter or chapter 31, 34, or 35 of this title, a reporting fee which will be in lieu of any other compensation or reimbursement for reports or certifications which such educational institution or sponsor of a program of apprenticeship is required to submit to the Secretary by law or regulation. “(2) Such reporting fee shall be computed for each calendar year by multiplying $16 by the number of eligible veterans or eligible persons enrolled under this chapter or chapter 31, 34, or 35 of this title. The reporting fee shall be paid to such educational institution or sponsor of a program of apprenticeship as soon as feasible after the end of the calendar year for which it is applicable. “(3) No reporting fee payable to an educational institution under this subsection shall be subject to offset by the Secretary against any liability of such institution for any overpayment for which such institution may be administratively determined to be liable under section 3685 of this title unless such liability is not contested by such institution or has been upheld by a final decree of a court of appropriate jurisdiction. “(4) Any reporting fee paid to an educational institution or sponsor of a program of apprenticeship after the date of the enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2011 (Public Law 111–377)— “(A) shall be utilized by such institution or sponsor solely for the making of certifications required under this chapter or chapter 31, 34, or 35 of this title or for otherwise supporting programs for veterans; and “(B) with respect to an institution that has 100 or more enrollees described in paragraph (2) may not be used for or merged with amounts available for the general fund of the educational institution or sponsor of a program of apprenticeship. “(5) The reporting fee payable under this subsection shall be paid from amounts appropriated for readjustment benefits.” .

    Effective date note
    Pub. L. 115–48, title III, § 304(b), Aug. 16, 2017, 131 Stat. 992, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on August 1, 2018.”

43 of 47 references resolved to an enrolled provision · 4 partial