38 U.S.C. § 3670 — Scope of approval

Page 806 TITLE 38—VETERANS’ BENEFITS § 3605 time basis in a program of education and was re- ceiving educational assistance under chapter 33 of this title or subsistence allowance under chapter 31 of this title, and for whom the Sec- retary makes a determination under subsection (b), the individual shall be treated as an indi- vidual enrolled in a program of education on a full-time basis for the purpose of calculating monthly housing stipends payable under chapter 33 of this title, or subsistence allowance payable under chapter 31 of this title, for any month the individual is enrolled in the program of edu- cation on a part-time basis to complete any course of education that was partially or fully canceled by reason of the emergency situation. (g) NOTICE OF CLOSURES.—Not later than five business days after the date on which the Sec- retary receives notice that an educational insti- tution will close or is closed by reason of an emergency situation, the Secretary shall pro- vide to each individual who is enrolled in a course or program of education at such edu- cational institution using entitlement to edu- cational assistance under chapter 30, 31, 32, 33, or 35 of this title, or chapter 1606 of title 10 no- tice of— (1) such closure and the date of such closure; and (2) the effect of such closure on the individ- ual’s entitlement to educational assistance pursuant to this section. (Added Pub. L. 117–333, § 2(a)(2), Jan. 5, 2023, 136 Stat. 6123.) § 3605. Payment of educational assistance in cases of withdrawal (a) IN GENERAL.—In the case of any individual who withdraws from a program of education or training, other than a program by correspond- ence, in an educational institution under chap- ter 31, 34, or 35 of this title for a covered reason during the period of an emergency situation, the Secretary shall find mitigating circumstances for purposes of section 3680(a)(1)(C)(ii) of this title. (b) COVERED REASON.—In this section, the term ‘‘covered reason’’ means any reason re- lated to an emergency situation, including— (1) illness, quarantine, or social distancing requirements; (2) issues associated with accessibility; (3) access or availability of childcare; (4) providing care for a family member or co- habitants; (5) change of location or residence due to the emergency situation or associated school clo- sures; (6) employment changes or financial hard- ship; and (7) issues associated with changes in format or medium of instruction. (Added Pub. L. 117–333, § 2(a)(2), Jan. 5, 2023, 136 Stat. 6125.) SUBCHAPTER II—STATE APPROVING AGENCIES Editorial Notes PRIOR PROVISIONS A prior subchapter II of this chapter was redesignated as subchapter III of this chapter by Pub. L. 117–333, § 2(a)(1), Jan. 5, 2023, 136 Stat. 6122. AMENDMENTS 2023—Pub. L. 117–333, § 2(a)(1), Jan. 5, 2023, 136 Stat. 6122, redesignated subchapter I of this chapter as this subchapter. § 3670. Scope of approval (a) A course approved under and for the pur- poses of this chapter shall be deemed approved for the purposes of chapters 34 and 35 of this title. (b) Any course approved under chapter 33 of this title, prior to February 1, 1965, under sub- chapter VII of chapter 35 of this title, prior to March 3, 1966, and not disapproved under section 3483, section 1656 (as in effect prior to February 1, 1965), or section 3679 of this title, shall be deemed approved for the purposes of this chap- ter. (Added Pub. L. 89–358, § 3(a)(5), Mar. 3, 1966, 80 Stat. 20, § 1770; amended Pub. L. 92–540, title IV, § 403(1), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 97–295, § 4(49), Oct. 12, 1982, 96 Stat. 1308; renumbered § 3670 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes REFERENCES IN TEXT Chapter 33 of this title, prior to February 1, 1965, re- ferred to in subsec. (b), means Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1174 to 1192, which was classified to sec- tions 1601, 1610 to 1613, 1620 to 1626, 1631 to 1634, 1641 to 1645, 1651 to 1656, and 1661 to 1669 of this title, and was repealed by section 4(a) of Pub. L. 89–358. Subchapter VII of chapter 35 of this title, prior to March 3, 1966, referred to in subsec. (b), means Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 158 to 162, which was classified to sections 1771 to 1778 of this title, and was redesignated as subchapter I of this chapter by section 3(a)(4) of Pub. L. 89–358. Section 1656 of this title, as in effect prior to Feb- ruary 1, 1965, referred to in subsec. (b), is Pub. L. 85–857, § 1656, Sept. 2, 1958, 72 Stat. 1189, which was repealed by section 4(a) of Pub. L. 89–358, and is covered by section 3679 of this title. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 1770 of this title as this section. Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3483’’ for ‘‘1683’’ and ‘‘3679’’ for ‘‘1779’’. 1982—Subsec. (b). Pub. L. 97–295 substituted ‘‘March 3, 1966’’ and ‘‘section 1779’’ for ‘‘the date of enactment of this chapter’’ and ‘‘section 1778’’, respectively. 1972—Subsec. (b). Pub. L. 92–540 substituted ‘‘1683’’ for ‘‘1686’’. § 3671. Designation (a) Unless otherwise established by the law of the State concerned, the chief executive of each State is requested to create or designate a State department or agency as the ‘‘State approving agency’’ for such State for the purposes of this chapter and chapters 34 and 35 of this title. (b)(1) If any State fails or declines to create or designate a State approving agency, or fails to enter into an agreement under section 3674(a), the provisions of this chapter which refer to the State approving agency shall, with respect to such State, be deemed to refer to the Secretary. (2) Except as otherwise provided in this chap- ter, in the case of courses subject to approval by the Secretary under section 3672 of this title, the