38 U.S.C. § 3471 — Applications; approval

Page 758 TITLE 38—VETERANS’ BENEFITS [§ 3463 publish, not later than 30 days after Oct. 14, 1982, pro- posed regulations under subsec. (a)(3)(C)(i) of this sec- tion and to publish, not later than 90 days after Oct. 14, 1982, final regulations under subsec. (a)(3)(C)(i). EXTENSION OF TIME FOR PURSUIT OF EDUCATIONAL PROGRAMS Pub. L. 93–293, May 31, 1974, 88 Stat. 176, provided that the eight-year delimiting date for pursuit of edu- cational programs under this chapter for eligible vet- erans discharged or released from active duty between Jan. 31, 1955, and Sept. 1, 1966, with certain exceptions, was to run from July 1, 1966. [§ 3463. Vacant] Editorial Notes CODIFICATION Prior to renumbering of sections 1651 to 1693 of this chapter as sections 3451 to 3493 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 1663 of this chapter, added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 15; and amended Pub. L. 94–502, title II, § 211(4), Oct. 15, 1976, 90 Stat. 2388; Pub. L. 95–202, title III, § 302(a), Nov. 23, 1977, 91 Stat. 1440; Pub. L. 99–576, title III, § 312, Oct. 28, 1986, 100 Stat. 3273; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092, which related to edu- cational and vocational counseling, was repealed by Pub. L. 102–16, § 2(b)(1)(A), Mar. 22, 1991, 105 Stat. 49. SUBCHAPTER III—ENROLLMENT § 3470. Selection of program Subject to the provisions of this chapter, each eligible veteran may select a program of edu- cation to assist the veteran in attaining an edu- cational, professional, or vocational objective at any educational institution (approved in accord- ance with chapter 36 of this title) selected by the veteran, which will accept and retain the veteran as a student or trainee in any field or branch of knowledge which such institution finds the veteran qualified to undertake or pur- sue. (Added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 15, § 1670; amended Pub. L. 94–502, title II, § 211(5), Oct. 15, 1976, 90 Stat. 2388; renumbered § 3470, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1177, which was classified to section 1620 (first sentence) of this title, prior to repeal by section 4(a) of Pub. L. 89–358. AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1670 of this title as this section. 1976—Pub. L. 94–502 substituted ‘‘the veteran’’ for ‘‘him’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effec- tive Date note under section 3693 of this title. § 3471. Applications; approval Any eligible veteran, or any person on active duty (after consultation with the appropriate service education officer), who desires to ini- tiate a program of education under this chapter shall submit an application to the Secretary which shall be in such form, and contain such information, as the Secretary shall prescribe. The Secretary shall approve such application unless the Secretary finds that (1) such veteran or person is not eligible for or entitled to the educational assistance for which application is made, (2) the veteran’s or person’s selected edu- cational institution or training establishment fails to meet any requirement of this chapter or chapter 36 of this title, (3) the veteran’s or per- son’s enrollment in, or pursuit of, the program of education selected would violate any provi- sion of this chapter or chapter 36 of this title, or (4) the veteran or person is already qualified, by reason of previous education or training, for the educational, professional, or vocational objec- tive for which the program of education is of- fered. The Secretary shall not treat a person as already qualified for the objective of a program of education offered by a qualified provider of entrepreneurship courses solely because such person is the owner or operator of a business. The Secretary shall notify the veteran or person of the approval or disapproval of the veteran’s or person’s application. (Added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 15, § 1671; amended Pub. L. 92–540, title III, § 302, Oct. 24, 1972, 86 Stat. 1080; Pub. L. 94–502, title II, § 211(6), Oct. 15, 1976, 90 Stat. 2388; Pub. L. 96–466, title III, § 302, Oct. 17, 1980, 94 Stat. 2192; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3471, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 108–183, title III, § 305(b), Dec. 16, 2003, 117 Stat. 2660.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1177, which was classified to section 1621 of this title, prior to repeal by section 4(a) of Pub. L. 89–358. AMENDMENTS 2003—Pub. L. 108–183 inserted before last sentence ‘‘The Secretary shall not treat a person as already qualified for the objective of a program of education of- fered by a qualified provider of entrepreneurship courses solely because such person is the owner or oper- ator of a business.’’ 1991—Pub. L. 102–83 renumbered section 1671 of this title as this section. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. 1980—Pub. L. 96–466, among other changes, sub- stituted reference to the veteran’s or person’s selected educational institution or training establishment fail- ing to meet any requirement of this chapter or chapter 36 of this title for reference to the veteran’s or person’s program of education failing to meet any of the re- quirements of this chapter, inserted provision for dis- approval of an application upon a finding that the vet- eran’s or person’s enrollment in, or pursuit of, the pro- gram of education selected would violate this chapter or chapter 36 of this title, and substituted reference to the veteran or person being already qualified, by reason of previous education or training, for the educational, professional, or vocational objective for which the pro- gram of education is offered for reference simply to the veteran or person being already qualified. 1976—Pub. L. 94–502 substituted ‘‘unless the Adminis- trator finds’’ for ‘‘unless he finds’’, ‘‘the veteran or per- Page 759 TITLE 38—VETERANS’ BENEFITS § 3474 son’’ for ‘‘he’’, and ‘‘the veteran’s or person’s’’ for ‘‘his’’ in two places. 1972—Pub. L. 92–540 inserted provision authorizing any person on active duty, after consultation with the appropriate service education officer, to submit an ap- plication to the Administrator. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–183 applicable to courses approved by State approving agencies after Dec. 16, 2003, see section 305(f) of Pub. L. 108–183, set out as a note under section 3452 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(c) of Pub. L. 96–466, set out as a note under section 3452 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effec- tive Date note under section 3693 of this title. [§ 3472. Vacant] Editorial Notes CODIFICATION Prior to renumbering of sections 1651 to 1693 of this chapter as sections 3451 to 3493 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 1672 of this chapter, added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 15, which related to change of program by veteran, was repealed by Pub. L. 92–540, title IV, § 401(6), Oct. 24, 1972, 86 Stat. 1090. [§ 3473. Repealed. Pub. L. 102–568, title III, § 313(a)(3)(A), Oct. 29, 1992, 106 Stat. 4332] Section, added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 16, § 1673; amended Pub. L. 90–77, title III, §§ 302(a), 303(a), Aug. 31, 1967, 81 Stat. 185; Pub. L. 91–219, title II, § 202, Mar. 26, 1970, 84 Stat. 78; Pub. L. 92–540, title IV, § 401(2), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 93–508, title II, § 203, Dec. 3, 1974, 88 Stat. 1582; Pub. L. 94–502, title II, §§ 205, 211(7), Oct. 15, 1976, 90 Stat. 2387, 2388; Pub. L. 95–202, title III, § 305(a)(2), Nov. 23, 1977, 91 Stat. 1443; Pub. L. 96–466, title III, §§ 303–305, Oct. 17, 1980, 94 Stat. 2192, 2193; Pub. L. 97–35, title XX, § 2003(b)(2), Aug. 13, 1981, 95 Stat. 782; Pub. L. 97–295, § 4(40), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 97–306, title II, §§ 202(a), 203(a), Oct. 14, 1982, 96 Stat. 1433; Pub. L. 98–525, title VII, § 703(b), Oct. 19, 1984, 98 Stat. 2564; Pub. L. 100–689, title I, § 111(a)(9), Nov. 18, 1988, 102 Stat. 4172; Pub. L. 101–237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renum- bered § 3473 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406, related to disapproval of en- rollment in certain courses. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Repeal not applicable to any person receiving edu- cational assistance for pursuit of an independent study program in which the person was enrolled on Oct. 29, 1992, for as long as such person is continuously there- after so enrolled and meets requirements of eligibility for such assistance, see section 313(b) of Pub. L. 102–568, set out as a note under section 16136 of Title 10, Armed Forces. § 3474. Discontinuance for unsatisfactory con- duct or progress The Secretary shall discontinue the edu- cational assistance allowance of an eligible vet- eran if, at any time, the Secretary finds that ac- cording to the regularly prescribed standards and practices of the educational institution, the veteran’s attendance, conduct, or progress is un- satisfactory. The Secretary may renew the pay- ment of the educational assistance allowance only if the Secretary finds that— (1) the veteran will be resuming enrollment at the same educational institution in the same program of education and the edu- cational institution has both approved such veteran’s reenrollment and certified it to the Department of Veterans Affairs; or (2) in the case of a proposed change of either educational institution or program of edu- cation by the veteran— (A) the cause of the unsatisfactory attend- ance, conduct, or progress has been removed; (B) the program proposed to be pursued is suitable to the veteran’s aptitudes, inter- ests, and abilities; and (C) if a proposed change of program is in- volved, the change meets the requirements for approval under section 3691 of this title. (Added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 16, § 1674; amended Pub. L. 94–502, title II, §§ 206, 211(8), Oct. 15, 1976, 90 Stat. 2387, 2388; Pub. L. 95–202, title III, § 305(b)(1), Nov. 23, 1977, 91 Stat. 1443; Pub. L. 96–466, title III, § 306, Oct. 17, 1980, 94 Stat. 2193; Pub. L. 101–237, title IV, §§ 411(a), 412(b), 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2085, 2092; renumbered § 3474 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising the first sen- tence of this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1178, which was classified to former section 1624 of this title, prior to repeal by sec- tion 4(a) of Pub. L. 89–358. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 1674 of this title as this section. Par. (2)(C). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3691’’ for ‘‘1791’’. 1989—Pub. L. 101–237, § 423(b)(1)(A), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ wherever appearing. Pub. L. 101–237, § 412(b), substituted ‘‘attendance, con- duct,’’ for ‘‘conduct’’. Pars. (1), (2). Pub. L. 101–237, § 411(a), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: ‘‘(1) the cause of the unsatisfactory conduct or progress of the eligible veteran has been removed; and ‘‘(2) the program which the eligible veteran now pro- poses to pursue (whether the same or revised) is suit- able to the veteran’s aptitudes, interests, and abili- ties.’’ 1980—Pub. L. 96–466 struck out provisions relating to the conditions upon which a veteran’s progress would be considered unsatisfactory. 1977—Pub. L. 95–202 inserted provisions authorizing the Administrator to determine the veteran’s progress to be satisfactory even though the veteran will grad- uate within a length of time exceeding the approved length if the additional length of time is reasonable in accordance with regulations. 1976—Pub. L. 94–502, § 211(8), inserted provision speci- fying progress as unsatisfactory when the veteran will not be able to graduate within the approved length of the course.