
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3523]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
      CHAPTER 35--SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE
 
                  SUBCHAPTER III--PROGRAM OF EDUCATION
 
Sec. 3523. Disapproval of enrollment in certain courses

    (a) The Secretary shall not approve the enrollment of an eligible 
person in--
        (1) any bartending course or personality development 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 character (or the advertising for 
    which the Secretary finds contains significant avocational or 
    recreational themes) unless the eligible person 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 (including open circuit television) 
    leading to a standard college degree.

    (b) The Secretary shall not approve the enrollment 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 enrollment of an eligible 
person in any course to be pursued by radio.
    (d) The Secretary shall not approve the enrollment of an eligible 
person in any course which is to be pursued as a part of such person's 
regular secondary school education (except as provided in section 3533 
of this title), but this subsection 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 
secondary school education (by completion or otherwise) and that such 
course is a specialized vocational course pursued for the purpose of 
qualifying 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 Secretary, 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, Sec. 1723; Pub. L. 86-
785, Sec. 4, Sept. 14, 1960, 74 Stat. 1024; Pub. L. 87-546, July 25, 
1962, 76 Stat. 216; Pub. L. 91-219, title II, Sec. 209, Mar. 26, 1970, 
84 Stat. 83; Pub. L. 92-540, title III, Sec. 311, Oct. 24, 1972, 86 
Stat. 1083; Pub. L. 93-508, title II, Sec. 207, Dec. 3, 1974, 88 Stat. 
1583; Pub. L. 94-502, title III, Secs. 306, 310(12)-(14), Oct. 15, 1976, 
90 Stat. 2390, 2392; Pub. L. 96-466, title III, Secs. 325, 326, 327(b), 
Oct. 17, 1980, 94 Stat. 2196, 2197; Pub. L. 97-306, title II, 
Sec. 202(b), Oct. 14, 1982, 96 Stat. 1433; Pub. L. 101-237, title IV, 
Sec. 423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered 
Sec. 3523 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 
105 Stat. 406; Pub. L. 102-568, title III, Sec. 313(a)(7), Oct. 29, 
1992, 106 Stat. 4333; Pub. L. 104-275, title I, Sec. 104(b), Oct. 9, 
1996, 110 Stat. 3327.)


                               Amendments

    1996--Subsec. (a)(4). Pub. L. 104-275, Sec. 104(b)(1), inserted 
``(including open circuit television)'' after ``accredited independent 
study program''.
    Subsec. (c). Pub. L. 104-275, Sec. 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, Sec. 5(a), renumbered section 1723 of this 
title as this section.
    Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3533'' for 
``1733''.
    1989--Pub. L. 101-237 substituted ``Secretary'' for 
``Administrator'' wherever appearing in subsecs. (a) to (e) and 
substituted ``Secretary's'' for ``Administrator's'' in subsec. (e).
    1982--Subsec. (a). Pub. L. 97-306, Sec. 202(b), struck out 
designation ``(1)'' before ``The Administrator'', redesignated cls. (A) 
to (D) as (1) to (4), respectively, in cl. (2) as so redesignated, 
substituted ``any sales or sales management 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 unavailable for 
employment, attained employment for an average 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 veterans and eligible persons, and instances of 
administrative hardship to the institution.
    1980--Subsec. (a). Pub. L. 96-466, Sec. 325, designated existing 
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 showing 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 
category for which the course was designed to provide training for 
reference to submitting justification showing that at least one-half of 
the persons who completed such course over the preceding two-year period 
(but excluding persons who completed such course with assistance 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, Sec. 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 institution not located in a State or in the Republic of the 
Philippines, substituted reference to subjects offered through open 
circuit television for reference to subjects offered through the medium 
of open circuit televised instruction, if the major portion of the 
course requires conventional classroom or laboratory attendance, and 
struck out provisions permitting the Administrator to deny or 
discontinue the educational assistance of any eligible person in a 
foreign educational institution upon a finding that such enrollment is 
not in the best interest of the eligible person or the Government.
    Subsec. (e). Pub. L. 96-466, Sec. 327(b), added subsec. (e).
    1976--Subsec. (a). Pub. L. 94-502, Secs. 306, 310(12), substituted 
``the Administrator finds contains'' for ``he finds contains'' and added 
cl. (4).
    Subsec. (c). Pub. L. 94-502, Sec. 310(13), substituted ``the 
Administrator's'' for ``his'' and ``if the Administrator finds'' for 
``if he finds''.
    Subsec. (d). Pub. L. 94-502, Sec. 310(14), substituted ``such 
person's'' for ``his'' in two places.
    1974--Subsec. (a)(2). Pub. L. 93-508, Sec. 207(1), substituted ``or 
in any other course with a vocational objective, unless the'' for 
``unless the'', ``who completed'' for ``completing'', and ``, and who 
are not unavailable for employment, have been employed in the 
occupational category for which the course was designed to provide 
training'' for ``have been employed in the sales or sales management 
field'', and inserted parenthetical provisions relating to the exclusion 
of persons who completed 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, Sec. 207(2), substituted ``in 
character (or the advertising for which he finds contains significant 
avocational or recreational themes) unless the'' for ``in character 
unless the''.
    Subsec. (c). Pub. L. 93-508, Sec. 207(3), substituted ``an eligible 
person in any course to be'' for ``an eligible person in any course of 
institutional on-farm training, any course to be''.
    Subsec. (d). Pub. L. 93-508, Sec. 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, Sec. 311(1), struck out 
prohibition on approval by the Administrator of the enrollment of an 
eligible person in any course of apprentice or other training on the 
job, inserted provision authorizing approval of correspondence courses 
as provided in section 1786 of this title, and substituted provision 
relating to approval by the Administrator of enrollment 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 foreign educational 
institution in the case of any eligible person.
    Subsec. (d). Pub. L. 92-540, Sec. 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 
management course with some exceptions, and struck out reference to 
photography, entertainment, music, and enumerated sports or athletic 
course.
    1962--Subsec. (c). Pub. L. 87-546 authorized the Administrator to 
approve enrollment in foreign educational institutions if the subjects 
to be taken are part of and creditable towards completion of an approved 
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 
certifications as to attendance, conduct, and progress to the Veterans' 
Administration.
    1960--Subsec. (c). Pub. L. 86-785 substituted ``open circuit 
television (except as herein provided)'' for ``television'', 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 attendance.


                    Effective Date of 1982 Amendment

    Section 202(c) of Pub. L. 97-306 provided that: ``The amendments 
made by this section [amending this section and section 1673 [renumbered 
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 Effective 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.
