38 U.S.C. § 3678 — Notice of approval of courses

Page 823 TITLE 38—VETERANS’ BENEFITS § 3678 be trained will be available to the veteran or person at the end of the training period. (2) The requirement under paragraph (1)(A)(ii) shall not apply with respect to a training estab- lishment operated by the United States or by a State or local government. (3) The requirement for certification under paragraph (1) shall not apply to training de- scribed in section 3452(e)(2) of this title. (c) As a condition for approving a program of training on the job (other than a program of ap- prenticeship) the State approving agency must find upon investigation that the following cri- teria are met: (1) The training content of the course is ade- quate to qualify the eligible veteran or person for appointment to the job for which the vet- eran or person is to be trained. (2) The job customarily requires full-time training for a period of not less than six months and not more than two years. (3) The length of the training period is not longer than that customarily required by the training establishments in the community to provide an eligible veteran or person with the required skills, arrange for the acquiring of job knowledge, technical information, and other facts which the eligible veteran or per- son will need to learn in order to become com- petent on the job for which the veteran or per- son is being trained. (4) Provision is made for related instruction for the individual eligible veteran or person who may need it. (5) There is in the training establishment adequate space, equipment, instructional ma- terial, and instructor personnel to provide sat- isfactory training on the job. (6) Adequate records are kept to show the progress made by each eligible veteran or per- son toward such veteran’s or person’s job ob- jective. (7) No course of training will be considered bona fide if given to an eligible veteran or per- son who is already qualified by training and experience for the job. (8) A signed copy of the training agreement for each eligible veteran or person, including the training program and wage scale as ap- proved by the State approving agency, is pro- vided to the veteran or person and to the Sec- retary and the State approving agency by the employer. (9) That the course meets such other criteria as may be established by the State approving agency. (d)(1) The Secretary may conduct a pilot pro- gram under which the Secretary operates a pro- gram of training on the job under this section for a period (notwithstanding subsection (c)(2)) of up to three years in duration to train employ- ees of the Department to become qualified adju- dicators of claims for compensation, dependency and indemnity compensation, and pension. (2)(A) Not later than three years after the im- plementation of the pilot project, the Secretary shall submit to Congress an initial report on the pilot project. The report shall include an assess- ment of the usefulness of the program in re- cruiting and retaining of personnel of the De- partment as well as an assessment of the value of the program as a training program. (B) Not later than 18 months after the date on which the initial report under subparagraph (A) is submitted, the Secretary shall submit to Con- gress a final report on the pilot project. The final report shall include recommendations of the Secretary with respect to continuation of the pilot project and with respect to expansion of the types of claims for which the extended pe- riod of on the job training is available to train such employees. (Added Pub. L. 90–77, title III, § 304(d), Aug. 31, 1967, 81 Stat. 186, § 1777; amended Pub. L. 91–219, title II, § 212, Mar. 26, 1970, 84 Stat. 83; Pub. L. 92–540, title III, § 314, Oct. 24, 1972, 86 Stat. 1084; Pub. L. 94–502, title V, § 513(a)(3), Oct. 15, 1976, 90 Stat. 2402; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3677, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105–368, title II, § 205(a), Nov. 11, 1998, 112 Stat. 3327; Pub. L. 108–454, title I, § 108, Dec. 10, 2004, 118 Stat. 3604; Pub. L. 110–389, title III, § 325, Oct. 10, 2008, 122 Stat. 4169.) Editorial Notes AMENDMENTS 2008—Subsec. (b)(3). Pub. L. 110–389 added par. (3). 2004—Subsec. (d). Pub. L. 108–454 added subsec. (d). 1998—Subsec. (b). Pub. L. 105–368 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), re- designated former cls. (A) and (B) of par. (1) as cls. (i) and (ii), respectively, of subpar. (A), and added par. (2). 1991—Pub. L. 102–83 renumbered section 1777 of this title as this section. 1989—Subsec. (c)(8). Pub. L. 101–237 substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. 1976—Subsec. (b). Pub. L. 94–502 substituted ‘‘the vet- eran or person’’ for ‘‘he’’ and ‘‘him’’. Subsec. (c). Pub. L. 94–502 substituted ‘‘the veteran or person’’ for ‘‘he’’ in two places, and ‘‘such veteran’s or person’s’’ for ‘‘his’’. 1972—Subsecs. (b), (c). Pub. L. 92–540 inserted ‘‘or per- son’’ after ‘‘veteran’’ wherever appearing. 1970—Subsec. (a). Pub. L. 91–219 inserted ‘‘and super- vised’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–368, title II, § 205(b), Nov. 11, 1998, 112 Stat. 3327, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply with re- spect to approval of programs of training on the job under section 3677 of title 38, United States Code, on or after October 1, 1998.’’ 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. EFFECTIVE DATE Section effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as an Effective Date of 1967 Amendment note under section 101 of this title. § 3678. Notice of approval of courses The State approving agency, upon deter- mining that an educational institution has com- plied with all the requirements of this chapter, Page 824 TITLE 38—VETERANS’ BENEFITS § 3679 will issue a letter to such institution setting forth the courses which have been approved for the purposes of this chapter, and will furnish an official copy of such letter and any subsequent amendments to the Secretary. The letter of ap- proval shall be accompanied by a copy of the catalog or bulletin of the institution, as ap- proved by the State approving agency, and shall contain the following information: (1) date of letter and effective date of ap- proval of courses; (2) proper address and name of each edu- cational institution; (3) authority for approval and conditions of approval, referring specifically to the ap- proved catalog or bulletin published by the educational institution; (4) name of each course approved; (5) where applicable, enrollment limitations such as maximum numbers authorized and student-teacher ratio; (6) signature of responsible official of State approving agency; and (7) such other fair and reasonable provisions as are considered necessary by the appropriate State approving agency. (Added Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 162, § 1777; renumbered § 1778, Pub. L. 90–77, title III, § 304(d), Aug. 31, 1967, 81 Stat. 186; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3678, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1778 of this title as this section. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’. § 3679. Disapproval of courses (a)(1) Except as provided by paragraph (2), any course approved for the purposes of this chapter which fails to meet any of the requirements of this chapter (including failure to comply with a risk-based survey under this chapter or secure an affirmation of approval by the appropriate State approving agency following the survey) shall be immediately disapproved by the Sec- retary or the appropriate State approving agen- cy. An educational institution which has its courses disapproved by the Secretary or a State approving agency will be notified of such dis- approval by a certified or registered letter of no- tification and a return receipt secured. (2) In the case of a course of education that would be subject to disapproval under paragraph (1) solely for the reason that the Secretary of Education withdraws the recognition of the ac- crediting agency that accredited the course, the Secretary of Veterans Affairs, in consultation with the Secretary of Education, and notwith- standing the withdrawal, may continue to treat the course as an approved course of education under this chapter for a period not to exceed 18 months from the date of the withdrawal of rec- ognition of the accrediting agency, unless the Secretary of Veterans Affairs or the appropriate State approving agency determines that there is evidence to support the disapproval of the course under this chapter. The Secretary shall provide to any veteran enrolled in such a course of education notice of the status of the course of education. (3) In this section, the term ‘‘risk-based sur- vey’’ means a risk-based survey developed under section 3673A(a) of this title. (b) Each State approving agency shall notify the Secretary of each course which it has dis- approved under this section. The Secretary shall notify the State approving agency of the Sec- retary’s disapproval of any educational institu- tion under chapter 31 of this title. (c)(1) Notwithstanding any other provision of this chapter and subject to paragraphs (3) through (6), the Secretary shall disapprove a course of education provided by a public institu- tion of higher learning if the institution charges tuition and fees for that course for covered indi- viduals who are pursuing the course with edu- cational assistance under chapter 30, 31, 33, or 35 of this title while living in the State in which the institution is located at a rate that is higher than the rate the institution charges for tuition and fees for that course for residents of the State in which the institution is located, regard- less of the covered individual’s State of resi- dence. (2) For purposes of this subsection, a covered individual is any individual as follows: (A) A veteran who was discharged or re- leased from a period of not fewer than 90 days of service in the active military, naval, air, or space service. (B) An individual who is entitled to assist- ance under— (i) section 3311(b)(8) of this title; or (ii) section 3319 of this title by virtue of the individual’s relationship to— (I) a veteran described in subparagraph (A); or (II) a member of the uniformed services described in section 3319(b) of this title who is serving on active duty. (C) An individual who is entitled to rehabili- tation under section 3102(a) of this title. (D) An individual who is entitled to assist- ance under section 3510 of this title. (3) If after enrollment in a course of education that is subject to disapproval under paragraph (1) by reason of paragraph (2)(A), (2)(B), or (2)(C) a covered individual pursues one or more courses of education at the same public institu- tion of higher learning while remaining continu- ously enrolled (other than during regularly scheduled breaks between courses, semesters or terms) at that institution of higher learning, any course so pursued by the covered individual at that institution of higher learning while so continuously enrolled shall also be subject to disapproval under paragraph (1). (4)(A) It shall not be grounds to disapprove a course of education under paragraph (1) if a pub- lic institution of higher learning requires a cov- ered individual pursuing a course of education at the institution to demonstrate an intent, by means other than satisfying a physical presence requirement, to establish residency in the State in which the institution is located, or to satisfy other requirements not relating to the estab-