38 U.S.C. § 3523 — Disapproval of enrollment in certain

Page 789 TITLE 38—VETERANS’ BENEFITS § 3523 (1) the proposed program of education con- stitutes a ‘‘program of education’’ as that term is defined in this chapter; (2) the eligible person is not already quali- fied, by reason of previous education or train- ing, for the educational, professional, or voca- tional objective for which the program of edu- cation is offered; (3) the eligible person’s proposed educational institution or training establishment is in compliance with all the requirements of this chapter and chapter 36 of this title; and (4) it does not appear that the enrollment in or pursuit of such person’s program of edu- cation would violate any provisions of this chapter or chapter 36 of this title. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1196, § 1721; Pub. L. 94–502, title III, § 310(11), Oct. 15, 1976, 90 Stat. 2391; Pub. L. 96–466, title III, § 324, Oct. 17, 1980, 94 Stat. 2196; Pub. L. 99–576, title III, § 314(b)(1), (2), Oct. 28, 1986, 100 Stat. 3273; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3521, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1721 of this title as this section. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. 1986—Pub. L. 99–576 substituted ‘‘Approval of applica- tion’’ for ‘‘Final approval of application’’ in section catchline, struck out ‘‘finally’’ before ‘‘approve an ap- plication’’ in introductory provisions, struck out former cl. (1) which read ‘‘section 1720 of this title has been complied with;’’, and redesignated cls. (2) to (5) as cls. (1) to (4), respectively. 1980—Pub. L. 96–466, among other changes, inserted provision conditioning approval of an application upon the educational institution’s or training establish- ment’s compliance with all the requirements of this chapter and chapter 36 of this title and substituted ref- erence to the enrollment in or pursuit of such person’s program of education violating any provisions of this chapter or chapter 36 of this title for reference to the pursuit of such program violating any provision of this chapter. 1976—Pub. L. 94–502 substituted ‘‘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 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. [§ 3522. Vacant] Editorial Notes CODIFICATION Prior to renumbering of sections 1700 to 1766 of this chapter as sections 3500 to 3566 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 1722 of this chapter, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1196, which related to change of program by eligible person, was repealed by Pub. L. 92–540, title IV, § 402(2), Oct. 24, 1972, 86 Stat. 1090. § 3523. Disapproval of enrollment in certain courses (a) The Secretary shall not approve the enroll- ment of an eligible person in— (1) any bartending course or personality de- velopment course; (2) any sales or sales management course which does not provide specialized training within a specific vocational field; (3) any type of course which the Secretary finds to be avocational or recreational in char- acter (or the advertising for which the Sec- retary finds contains significant avocational or recreational themes) unless the eligible per- son submits justification showing that the course will be a bona fide use in the pursuit of the person’s present or contemplated business or occupation; or (4) any independent study program except an accredited independent study program (includ- ing open circuit television) leading to a stand- ard college degree. (b) The Secretary shall not approve the enroll- ment of an eligible person in any course of flight training other than one given by an educational institution of higher learning for credit toward a standard college degree the eligible person is seeking. (c) The Secretary shall not approve the enroll- ment of an eligible person in any course to be pursued by radio. (d) The Secretary shall not approve the enroll- ment of an eligible person in any course which is to be pursued as a part of such person’s reg- ular secondary school education (except as pro- vided in section 3533 of this title), but this sub- section shall not prevent the enrollment of an eligible person in a course not leading to a standard college degree if the Secretary finds that such person has ended such person’s sec- ondary school education (by completion or oth- erwise) and that such course is a specialized vo- cational course pursued for the purpose of quali- fying in a bona fide vocational objective. (e) An eligible person may not enroll in any course at an educational institution which is not located in a State or in the Republic of the Philippines, unless such course is pursued at an approved institution of higher learning and the course is approved by the Secretary. The Sec- retary, in the Secretary’s discretion, may deny or discontinue educational assistance under this chapter in the case of any eligible person in such an institution if the Secretary determines that such enrollment is not in the best interest of the eligible person or the Federal Government. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1196, § 1723; Pub. L. 86–785, § 4, Sept. 14, 1960, 74 Stat. 1024; Pub. L. 87–546, July 25, 1962, 76 Stat. 216; Pub. L. 91–219, title II, § 209, Mar. 26, 1970, 84 Stat. 83; Pub. L. 92–540, title III, § 311, Oct. 24, 1972, 86 Stat. 1083; Pub. L. 93–508, title II, § 207, Dec. 3, 1974, 88 Stat. 1583; Pub. L. 94–502, title III, §§ 306, 310(12)–(14), Oct. 15, 1976, 90 Stat. 2390, 2392; Pub. L. 96–466, title III, §§ 325, 326, 327(b), Oct. 17, 1980, 94 Stat. 2196, 2197; Pub. L. 97–306, title II, § 202(b), Oct. 14, 1982, 96 Stat. 1433; Pub. L. 101–237, title Page 790 TITLE 38—VETERANS’ BENEFITS § 3523 IV, § 423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3523 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title III, § 313(a)(7), Oct. 29, 1992, 106 Stat. 4333; Pub. L. 104–275, title I, § 104(b), Oct. 9, 1996, 110 Stat. 3327.) Editorial Notes AMENDMENTS 1996—Subsec. (a)(4). Pub. L. 104–275, § 104(b)(1), in- serted ‘‘(including open circuit television)’’ after ‘‘ac- credited independent study program’’. Subsec. (c). Pub. L. 104–275, § 104(b)(2), substituted ‘‘radio.’’ for ‘‘radio or by open circuit television, except that the Secretary may approve the enrollment of an eligible person in a course, to be pursued in residence, leading to a standard college degree which includes, as an integral part thereof, subjects offered through open circuit television.’’ 1992—Subsec. (a)(4). Pub. L. 102–568 substituted ‘‘an accredited independent study program’’ for ‘‘one’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1723 of this title as this section. Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3533’’ for ‘‘1733’’. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing in subsecs. (a) to (e) and substituted ‘‘Secretary’s’’ for ‘‘Administrator’s’’ in subsec. (e). 1982—Subsec. (a). Pub. L. 97–306, § 202(b), struck out designation ‘‘(1)’’ before ‘‘The Administrator’’, redesig- nated cls. (A) to (D) as (1) to (4), respectively, in cl. (2) as so redesignated, substituted ‘‘any sales or sales man- agement course which does not provide specialized training within a specific vocational field;’’ for ‘‘any course with a vocational objective, unless the eligible person or the institution offering such course presents evidence satisfactory to the Administrator showing that at least one-half of the persons who completed such course over such period, and who are not unavail- able for employment, attained employment for an aver- age of ten hours a week in an occupational category for which the course was designed to provide training;’’, and struck out par. (2) which had provided exceptions to the provisions of par. (1)(B) for persons pursuing the course while serving on active duty, institutions with an enrollment not exceeding 35 percent of eligible vet- erans and eligible persons, and instances of administra- tive hardship to the institution. 1980—Subsec. (a). Pub. L. 96–466, § 325, designated ex- isting provisions as par. (1), redesignated cls. (1), (2), (3), and (4) as (A), (B), (C), and (D), respectively, and in cl. (B) as so redesignated, struck out reference to any sales or management course which does not provide specialized training within a specific vocational field and substituted reference to presenting evidence show- ing that at least one-half of the persons who completed such course over such period attained employment for an average of ten hours a week in an occupational cat- egory for which the course was designed to provide training for reference to submitting justification show- ing that at least one-half of the persons who completed such course over the preceding two-year period (but ex- cluding persons who completed such course with assist- ance under this title while serving on active duty) have been employed in the occupational category for which the course was designed to provide training, and added par. (2). Subsec. (c). Pub. L. 96–466, § 326, struck out provisions relating to the approval of the enrollment of an eligible person in any course to be pursued by correspondence or any course to be pursued at an educational institu- tion not located in a State or in the Republic of the Philippines, substituted reference to subjects offered through open circuit television for reference to sub- jects offered through the medium of open circuit tele- vised instruction, if the major portion of the course re- quires conventional classroom or laboratory attend- ance, and struck out provisions permitting the Admin- istrator to deny or discontinue the educational assist- ance of any eligible person in a foreign educational in- stitution upon a finding that such enrollment is not in the best interest of the eligible person or the Govern- ment. Subsec. (e). Pub. L. 96–466, § 327(b), added subsec. (e). 1976—Subsec. (a). Pub. L. 94–502, §§ 306, 310(12), sub- stituted ‘‘the Administrator finds contains’’ for ‘‘he finds contains’’ and added cl. (4). Subsec. (c). Pub. L. 94–502, § 310(13), substituted ‘‘the Administrator’s’’ for ‘‘his’’ and ‘‘if the Administrator finds’’ for ‘‘if he finds’’. Subsec. (d). Pub. L. 94–502, § 310(14), substituted ‘‘such person’s’’ for ‘‘his’’ in two places. 1974—Subsec. (a)(2). Pub. L. 93–508, § 207(1), substituted ‘‘or in any other course with a vocational objective, un- less the’’ for ‘‘unless the’’, ‘‘who completed’’ for ‘‘com- pleting’’, and ‘‘, and who are not unavailable for em- ployment, have been employed in the occupational cat- egory for which the course was designed to provide training’’ for ‘‘have been employed in the sales or sales management field’’, and inserted parenthetical provi- sions relating to the exclusion of persons who com- pleted the course with assistance under this title in the computation of the number of people who completed the course. Subsec. (a)(3). Pub. L. 93–508, § 207(2), substituted ‘‘in character (or the advertising for which he finds con- tains significant avocational or recreational themes) unless the’’ for ‘‘in character unless the’’. Subsec. (c). Pub. L. 93–508, § 207(3), substituted ‘‘an el- igible person in any course to be’’ for ‘‘an eligible per- son in any course of institutional on-farm training, any course to be’’. Subsec. (d). Pub. L. 93–508, § 207(4), substituted ‘‘course not leading to a standard college degree if the’’ for ‘‘course to be pursued below the college level if the’’. 1972—Subsec. (c). Pub. L. 92–540, § 311(1), struck out prohibition on approval by the Administrator of the en- rollment of an eligible person in any course of appren- tice or other training on the job, inserted provision au- thorizing approval of correspondence courses as pro- vided in section 1786 of this title, and substituted provi- sion relating to approval by the Administrator of en- rollment at an educational institution not located in a State or the Republic of the Philippines and provision authorizing the Administrator to deny or discontinue assistance, for provisions setting forth the criteria for approval by the Administrator of enrollment in a for- eign educational institution in the case of any eligible person. Subsec. (d). Pub. L. 92–540, § 311(2), inserted ‘‘(except as provided in section 1733 of this title)’’ after ‘‘regular secondary school education’’. 1970—Subsec. (a). Pub. L. 91–219 struck out ‘‘dancing course’’ from the enumeration of non-approved courses, inserted provisions directing the Administrator not to approve any enrollment in any sales or sales manage- ment course with some exceptions, and struck out ref- erence to photography, entertainment, music, and enu- merated sports or athletic course. 1962—Subsec. (c). Pub. L. 87–546 authorized the Ad- ministrator to approve enrollment in foreign edu- cational institutions if the subjects to be taken are part of and creditable towards completion of an ap- proved course in a ‘‘principal institution’’, the tuition and fees of the foreign institution are paid by the ‘‘principal institution’’, and such institution agrees to submit enrollment certificates and monthly certifi- cations as to attendance, conduct, and progress to the Veterans’ Administration. 1960—Subsec. (c). Pub. L. 86–785 substituted ‘‘open cir- cuit television (except as herein provided)’’ for ‘‘tele- vision’’, and authorized the Administrator to approve enrollment in a course pursued in residence, leading to a standard college degree, which utilizes open circuit televised instruction, if the major portion of the course requires conventional classroom or laboratory attend- ance. Page 791 TITLE 38—VETERANS’ BENEFITS [§§ 3525, 3526 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–306, title II, § 202(c), Oct. 14, 1982, 96 Stat. 1433, provided that: ‘‘The amendments made by this section [amending this section and section 1673 [renum- bered 3473] of this title] shall take effect on October 1, 1982.’’ 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. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–508 effective Dec. 3, 1974, see section 503 of Pub. L. 93–508, set out as a note under section 3452 of this title. § 3524. Discontinuance for unsatisfactory progress The Secretary shall discontinue the edu- cational assistance allowance on behalf of an el- igible person if, at any time, the Secretary finds that according to the regularly prescribed standards and practices of the educational insti- tution such person is attending, the person’s at- tendance, conduct, or progress is unsatisfactory. The Secretary may renew the payment of the educational assistance allowance only if the Secretary finds that— (1) the eligible person will be resuming en- rollment at the same educational institution in the same program of education and the edu- cational institution has both approved such el- igible person’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 eligible person— (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 eligible person’s aptitudes, interests, 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. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1197, § 1724; Pub. L. 94–502, title III, §§ 307, 310(15), Oct. 15, 1976, 90 Stat. 2390, 2392; Pub. L. 95–202, title III, § 305(b)(1), Nov. 23, 1977, 91 Stat. 1443; Pub. L. 96–466, title III, § 328, Oct. 17, 1980, 94 Stat. 2197; Pub. L. 101–237, title IV, §§ 411(b), 412(b), 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2085, 2092; renumbered § 3524 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 1724 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(b), 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 person has been removed; and ‘‘(2) the program which the eligible person now pro- poses to pursue (whether the same or revised) is suit- able to the person’s aptitudes, interests, and abilities.’’ 1980—Pub. L. 96–466 struck out provisions relating to the conditions upon which an eligible person’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, § 310(15), substituted ‘‘such per- son is attending’’ for ‘‘he is attending’’, ‘‘the Adminis- trator finds that’’ for ‘‘he finds that’’, and ‘‘the per- son’s’’ for ‘‘his’’ in two places. Pub. L. 94–502, § 307, inserted provision specifying progress as unsatisfactory when the veteran will not be able to graduate within the approved length of the course. 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 307 and 310(15) 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. SUSPENSION OF IMPLEMENTATION OF 1976 AMENDMENT For provisions directing the Administrator to sus- pend the implementation of the amendment to this sec- tion by section 307 of Pub. L. 94–502 in the case of any accredited educational institution which submits to the Administrator its course catalog or bulletin and a certification that the policies and regulations described in cls. (6) and (7) of section 1776(b) [now 3676(b)(6) and (7)] of this title are being enforced by such institution, unless the Administrator finds that the catalog or bul- letin fails to state fully and clearly the policies and regulations, and for that suspension to continue until the Administrator submits the report required under section 305(b)(2) of Pub. L. 95–202, see section 305(b)(4)(A) of Pub. L. 95–202, set out as a note under section 3474 of this title. [§§ 3525, 3526. Vacant] Editorial Notes CODIFICATION Prior to renumbering of sections 1700 to 1766 of this chapter as sections 3500 to 3566 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, sections 1725 and 1726 of this chapter were repealed. Section 1725, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1197, which related to period of operation for approval by Ad- ministrator, was repealed by Pub. L. 92–540, title IV, § 402(2), Oct. 24, 1972, 86 Stat. 1090.