38 U.S.C. § 3474 — Discontinuance for unsatisfactory con-

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 L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 15, which related to change of program by veteran, was repealed by Pub.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 Repealed.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. Page 760 TITLE 38—VETERANS’ BENEFITS [§ 3475 Pub. L. 94–502, § 206, substituted ‘‘the veteran’s’’ for ‘‘his’’ in two places and ‘‘if the Administrator finds’’ for ‘‘if he finds’’. Statutory Notes and Related Subsidiaries 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 1977 AMENDMENT Amendment by Pub. L. 95–202 effective first day of first month beginning 60 days after Nov. 23, 1977, see section 501 of Pub. L. 95–202, set out as a note under sec- tion 101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by sections 206 and 211(8) of Pub. L. 94–502 effective Dec. 1, 1976, and Oct. 15, 1976, respec- tively, see section 703(b), (c) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title. STUDY OF METHODS TO IMPROVE PROCESS UNDER WHICH POSTSECONDARY EDUCATIONAL INSTITUTIONS AND COURSES ARE APPROVED; REPORT BY SEPTEMBER 30, 1979; SUSPENSION OF IMPLEMENTATION OF 1976 AMENDMENT Section 305(b)(2)–(4) of Pub. L. 95–202, as amended by Pub. L. 96–466, title VIII, § 801(m)(2), Oct. 17, 1980, 94 Stat. 2217, directed Administrator of Veterans’ Affairs to study specific methods for improving process by which postsecondary educational institutions and courses at such institutions are approved for purposes of chapters 32, 34, 35, and 36 of this title, and need for legislative and administrative action regarding dis- continuing educational assistance allowances to eligi- ble veterans whose conduct or progress is unsatisfac- tory, required submission of a report on the study to President and Congress not later than Sept. 30, 1979, and directed Administrator to suspend implementation of certain amendments by Pub. L. 94–502 until submis- sion of report. [§ 3475. 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 1675 of this chapter, added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 16, which related to period of operation for approval by Adminis- trator, was repealed by Pub. L. 92–540, title IV, § 401(6), Oct. 24, 1972, 86 Stat. 1090. § 3476. Education outside the United States An eligible veteran may not enroll in any course offered by an educational institution not located in a State unless that educational insti- tution is an approved institution of higher learning and the course is approved by the Sec- retary. The Secretary may deny or discontinue educational assistance under this chapter in the case of any veteran enrolled in an institution of higher learning not located in a State if the Sec- retary determines that such enrollment is not in the best interest of the veteran or the Federal Government. (Added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 17, § 1676; amended Pub. L. 94–502, title II, § 211(9), Oct. 15, 1976, 90 Stat. 2389; Pub. L. 96–466, title III, § 307(b), Oct. 17, 1980, 94 Stat. 2193; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3476, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title VI, § 604(a), Nov. 2, 1994, 108 Stat. 4671.) 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 former section 1620 (second and third sentences) of this title, prior to repeal by sec- tion 4(a) of Pub. L. 89–358. AMENDMENTS 1994—Pub. L. 103–446 amended first sentence gen- erally. Prior to amendment, first sentence read as fol- lows: ‘‘An eligible veteran may not enroll in any course at an educational institution not located in a State un- less such course is pursued at an approved institution of higher learning and the course is approved by the Secretary.’’ 1991—Pub. L. 102–83 renumbered section 1676 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 an eligible veteran not enrolling in any course for reference to an eligible veteran not pursuing a program of education, inserted provision that the course be approved by the Administrator, and substituted reference to any veteran enrolled in an in- stitution of higher learning not located in a State for reference to any veteran in a foreign educational insti- tution. 1976—Pub. L. 94–502 substituted ‘‘the Administra- tor’s’’ for ‘‘his’’ and ‘‘if the Administrator finds’’ for ‘‘if he finds’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–446, title VI, § 604(b), Nov. 2, 1994, 108 Stat. 4671, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to courses approved on or after the date of the en- actment of this Act [Nov. 2, 1994].’’ 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. [§§ 3477, 3478. 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, sections 1677 and 1678 of this chapter were repealed. Section 1677, added Pub. L. 90–77, title III, § 302(b), Aug. 31, 1967, 81 Stat. 185; Pub. L. 90–631, § 5, Oct. 23, 1968, 82 Stat. 1335; Pub. L. 91–219, title I, § 102, title II, § 203, Mar. 26, 1970, 84 Stat. 76, 78; Pub. L. 92–540, title I, § 102(1), title IV, § 401(3), Oct. 24, 1972, 86 Stat. 1075, 1090; Pub. L. 93–508, title I, § 102(1), Dec. 3, 1974, 88 Stat. 1579; Pub. L. 93–602, title II, § 203(a), Jan. 2, 1975, 88 Stat. 1958; Pub. L. 95–202, title I, § 102(1), Nov. 23, 1977, 91 Stat. 1433;