38 U.S.C. § 3672

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 3672 - Approval of courses

(a) An eligible person or veteran shall receive the benefits of this chapter and chapters 34 and 35 of this title while enrolled in a course of education offered by an educational institution only if (1) such course is approved as provided in this chapter and chapters 34 and 35 of this title by the State approving agency for the State where such educational institution is located, or by the Secretary, or (2) such course is approved (A) for the enrollment of the particular individual under the provisions of section 3536 of this title or (B) for special restorative training under subchapter V of chapter 35 of this title. Approval of courses by State approving agencies shall be in accordance with the provisions of this chapter and chapters 34 and 35 of this title and such other regulations and policies as the State approving agency may adopt. Each State approving agency shall furnish the Secretary with a current list of educational institutions specifying courses which it has approved, and, in addition to such list, it shall furnish such other information to the Secretary as it and the Secretary may determine to be necessary to carry out the purposes of this chapter and chapters 34 and 35 of this title. Each State approving agency shall notify the Secretary of the disapproval of any course previously approved and shall set forth the reasons for such disapproval.

(b)

(1) The Secretary shall be responsible for the approval of courses of education offered by any agency of the Federal Government authorized under other laws to supervise such education. The Secretary may approve any course in any other educational institution in accordance with the provisions of this chapter and chapters 34 and 35 of this title.

(2)

(A) Subject to sections 3675(b)(1) and (b)(2), 3680A, 3684, and 3696 of this title, a program of education is deemed to be approved for purposes of this chapter if a State approving agency, or the Secretary when acting in the role of a State approving agency, determines that the program is one of the following programs:

(i) Except as provided in subparagraph (C) or (D), an accredited standard college degree program offered at a public or not-for-profit proprietary educational institution that-

(I) is accredited by an agency or association recognized for that purpose by the Secretary of Education; and

(II) is approved and participates in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), unless the Secretary has waived the requirement to participate in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).

(ii) A flight training course approved by the Federal Aviation Administration that is offered by a certified pilot school that possesses a valid Federal Aviation Administration pilot school certificate.

(iii) An apprenticeship program registered with the Office of Apprenticeship (OA) of the Employment Training Administration of the Department of Labor or a State apprenticeship agency recognized by the Office of Apprenticeship pursuant to the Act of August 16, 1937 (popularly known as the "National Apprenticeship Act"; 29 U.S.C. 50 et seq.).

(iv) A program leading to a secondary school diploma offered by a secondary school approved in the State in which it is operating.

(B) A licensure test offered by a Federal, State, or local government is deemed to be approved for purposes of this chapter.

(C) A course that is described in both subparagraph (A)(i) of this paragraph and in paragraph (14) or (15) of section 3676(c) of this title shall not be deemed to be approved for purposes of this chapter unless-

(i) a State approving agency, or the Secretary when acting in the role of a State approving agency, determines that the course meets the applicable criteria in such paragraphs; or

(ii) the Secretary issues a waiver for such course under section 3676(f)(1) of this title.

(D) A program that is described in subparagraph (A)(i) of this paragraph and offered by an educational institution that is at risk of losing accreditation shall not be deemed to be approved for purposes of this chapter. For purposes of this subparagraph, an educational institution is at risk of losing accreditation if that educational institution has received from the relevant accrediting agency or association a notice described in section 3673(e)(2)(D) of this title.

(c)

(1)

(A) The State approving agency for a multi-State apprenticeship program is-

(i) for purposes of approval of the program, the State approving agency for the State in which the headquarters of the apprenticeship program is located; and

(ii) for all other purposes, the State approving agency for the State in which the apprenticeship program takes place.

(B) In this paragraph, the term "multi-State apprenticeship program" means a non-Federal apprenticeship program operating in more than one State that meets the minimum national program standards, as developed by the Department of Labor.

(2) The period of a program of apprenticeship may be determined based upon a specific period of time (commonly referred to as a "time-based program"), based upon the demonstration of successful mastery of skills (commonly referred to as a "competency-based program"), or based upon a combination thereof.

(3)

(A) In the case of a competency-based program of apprenticeship, State approving agencies shall determine the period for which payment may be made for such a program under chapters 30 and 35 of this title and chapter 1606 of title 10. In determining the period of such a program, State approving agencies shall take into consideration the approximate term of the program recommended in registered apprenticeship program standards recognized by the Secretary of Labor.

(B) The sponsor of a competency-based program of apprenticeship shall provide notice to the State approving agency involved of any such standards that may apply to the program and the proposed approximate period of training under the program.

(4) The sponsor of a competency-based program of apprenticeship shall notify the Secretary upon the successful completion of a program of apprenticeship by an individual under chapter 30 or 35 of this title, or chapter 1606 of title 10, as the case may be.

(d)

(1) Pursuant to regulations prescribed by the Secretary in consultation with the Secretary of Labor, the Secretary and State approving agencies shall actively promote the development of apprenticeship and on the job training programs for the purposes of sections 3677 and 3687 of this title and shall utilize the services of disabled veterans' outreach program specialists under section 4103A of this title to promote the development of such programs. The Secretary of Labor shall provide assistance and services to the Secretary, and to State approving agencies, to increase the use of apprenticeships.

(2) In conjunction with outreach services provided by the Secretary under chapter 77 of this title for education and training benefits, each State approving agency shall conduct outreach programs and provide outreach services to eligible persons and veterans about education and training benefits available under applicable Federal and State law.

(e) A program of education exclusively by correspondence, and the correspondence portion of a combination correspondence-residence course leading to a vocational objective, that is offered by an educational institution (as defined in section 3452(c) of this title) may be approved only if (1) the educational institution is accredited by an entity recognized by the Secretary of Education, and (2) at least 50 percent of those pursuing such a program or course require six months or more to complete the program or course.

38 U.S.C. § 3672

Added Pub. L. 88-126, §1, Sept. 23, 1963, 77 Stat. 158, §1772; amended Pub. L. 89-358, §3(a)(7), (8), Mar. 3, 1966, 80 Stat. 20, 21; Pub. L. 91-219, title II, §211, Mar. 26, 1970, 84 Stat. 83; Pub. L. 92-540, title IV, §403(3)-(5), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 96-466, title V, §502, Oct. 17, 1980, 94 Stat. 2203; Pub. L. 97-295, §4(50), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 101-237, title IV, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered §3672 and amended Pub. L. 102-83, §5(a), (c) (1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446, title VI, §605(a)(1), Nov. 2, 1994, 108 Stat. 4671; Pub. L. 107-103, title III, §303, Dec. 27, 2001, 115 Stat. 992; Pub. L. 108-454, title I, §§104(a),(b), Dec. 10, 2004, 110, Dec. 10, 2004, 118 Stat. 3601, 3602, 3605; Pub. L. 111-377, title II, §203(a)(1), Jan. 4, 2011, 124 Stat. 4124; Pub. L. 114-315, title IV, §§408(a), Dec. 16, 2016, 409, Dec. 16, 2016, 130 Stat. 1558, 1560; Pub. L. 115-89, §2, Nov. 21, 2017, 131 Stat. 1279; Pub. L. 116-315, title I, §§1012(a), Jan. 5, 2021, 1015, Jan. 5, 2021, 134 Stat. 4942, 4945.

EDITORIAL NOTES

REFERENCES IN TEXTThe Higher Education Act of 1965, referred to in subsec. (b)(2)(A)(i)(II), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§1070 et seq.) of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see section 1 of Pub. L. 89-329 set out as a Short Title note under section 1001 of Title 20 and Tables.The Act of August 16, 1937, referred to in subsec. (b)(2)(A)(iii), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, popularly known as the National Apprenticeship Act, which is classified generally to chapter 4C (§50 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 50 of Title 29 and Tables.

AMENDMENTS2021-Subsec. (b)(2)(A)(i). Pub. L. 116-315, §1015(b), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: "Except as provided in subparagraph (C) or (D), an accredited standard college degree program offered at a public or not-for-profit proprietary educational institution that is accredited by an agency or association recognized for that purpose by the Secretary of Education." Pub. L. 116-315, §1012(a)(1), inserted "or (D)" after "subparagraph (C)". Subsec. (b)(2)(D). Pub. L. 116-315, §1012(a)(2), added subpar. (D). 2017-Subsec. (c)(1). Pub. L. 115-89 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "In the case of programs of apprenticeship where-"(A) the apprenticeship standards have been approved by the Secretary of Labor pursuant to section 2 of the Act of August 16, 1937 (popularly known as the 'National Apprenticeship Act') (29 U.S.C. 50a), as a national apprenticeship program for operation in more than one State, and"(B) the training establishment is a carrier directly engaged in interstate commerce which provides such training in more than one State,the Secretary shall act as a 'State approving agency' as such term is used in section 3687(a)(1) of this title and shall be responsible for the approval of all such programs." 2016-Subsec. (b)(2)(A). Pub. L. 114-315, §408(a), substituted "a program of education is deemed to be approved for purposes of this chapter if a State approving agency, or the Secretary when acting in the role of a State approving agency, determines that the program is one of the following programs:" for "the following programs are deemed to be approved for purposes of this chapter:" in introductory provisions. Subsec. (b)(2)(A)(i). Pub. L. 114-315, §409(d)(1), substituted "Except as provided in subparagraph (C), an accredited" for "An accredited". Subsec. (b)(2)(C). Pub. L. 114-315, §409(d)(2), added subpar. (C).2011-Subsec. (b). Pub. L. 111-377 designated existing provisions as par. (1) and added par. (2). 2004-Subsec. (c). Pub. L. 108-454, §§104(a), 110, designated existing provisions as par. (1), redesignated former par. (1) as subpar. (A) of par. (1) and inserted "apprenticeship" before "standards", redesignated former par. (2) as subpar. (B) of par. (1), and added pars. (2) to (4).Subsec. (d)(1). Pub. L. 108-454, §§104(b), 110, substituted "of apprenticeship and on the job training programs" for "of programs of training on the job (including programs of apprenticeship)" and inserted at end "The Secretary of Labor shall provide assistance and services to the Secretary, and to State approving agencies, to increase the use of apprenticeships." 2001-Subsec. (d). Pub. L. 107-103 designated existing provisions as par. (1), inserted "and State approving agencies" before "shall actively promote", and added par. (2). 1994-Subsec. (e). Pub. L. 103-446 added subsec. (e).1991- Pub. L. 102-83, §5(a), renumbered section 1772 of this title as this section. Subsec. (a). Pub. L. 102-83, §5(c)(1), substituted "3536" for "1736". Subsec. (c). Pub. L. 102-83, §5(c)(1), substituted "3687(a)(1)" for "1787(a)(1)" in concluding provisions. Subsec. (d). Pub. L. 102-83, §5(c)(1), substituted "3677 and 3687" for "1777 and 1787" and "4103A" for "2003A". 1989- Pub. L. 101-237 substituted "Secretary" for "Administrator" wherever appearing. 1982-Subsecs. (a), (b). Pub. L. 97-295, §4(50)(A), inserted "of this title" after "34 and 35" wherever appearing. Subsec. (c)(1). Pub. L. 97-295, §4(50)(B), substituted "section 2 of the Act of August 16, 1937 (popularly known as the 'National Apprenticeship Act') (29 U.S.C. 50a)," for "section 50a of title 29". 1980-Subsec. (d). Pub. L. 96-466 added subsec. (d).1972-Subsec. (a). Pub. L. 92-540, §403(3), (4), inserted "this chapter and" before "chapters 34 and 35" and substituted "1736" for "1737".Subsec. (b). Pub. L. 92-540, §403(3), inserted "this chapter and" before "chapters 34 and 35". Subsec. (c). Pub. L. 92-540, §403(5), substituted "1787(a)(1)" for "1683(a)(1)".1970-Subsec. (c). Pub. L. 91-219 added subsec. (c).1966-Subsec. (a). Pub. L. 89-358, §3(a)(7), (8), substituted "under subchapter V of chapter 35 of this title" for "under subchapter V of this chapter" in first sentence, and substituted "chapters 34 and 35" for "this chapter" twice in first sentence, and wherever appearing in second, third, and fourth sentences, and inserted "or veteran" after "eligible person", in first sentence. Subsec. (b). Pub. L. 89-358, §3(a)(7), substituted "chapters 34 and 35" for "this chapter".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116-315, title I, §1012(b), Jan. 5, 2021, 134 Stat. 4942, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on August 1, 2021." Pub. L. 116-315, title I, §1015(c), Jan. 5, 2021, 134 Stat. 4945, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 3675 of this title] shall take effect on August 1, 2021."

EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 111-377 effective Aug. 1, 2011, see section 203(e) of Pub. L. 111-377 set out as a note under section 3034 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103-446, title VI, §605(b), Nov. 2, 1994, 108 Stat. 4672, provided that: "The amendments made by subsection (a) [amending this section and sections 3675, 3680, and 3686 of this title] shall apply with respect to programs of education exclusively by correspondence and to correspondence-residence courses commencing more than 90 days after the date of the enactment of this Act [Nov. 2, 1994]."

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section 802(e) of Pub. L. 96-466 set out as a note under section 4101 of this title.

APPLICABILITY Pub. L. 114-315, title IV, §409(f), Dec. 16, 2016, 130 Stat. 1560, provided that: "If after enrollment in a course of education that is subject to disapproval by reason of an amendment made by this section [amending this section and sections 3675, 3676, and 3679 of this title], an individual pursues one or more courses of education at the same educational institution while remaining continuously enrolled (other than during regularly scheduled breaks between courses, semesters, or terms) at that institution, any course so pursued by the individual at that institution while so continuously enrolled shall not be subject to disapproval by reason of such amendment."