
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-103 Section 111(a)]
[Document affected by Public Law 107-103 Section 111(b)]
[CITE: 38USC3680A]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
           CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
 
                 SUBCHAPTER II--MISCELLANEOUS PROVISIONS
 
Sec. 3680A. Disapproval of enrollment in certain courses

    (a) The Secretary shall not approve the enrollment of an eligible 
veteran 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 veteran submits justification 
    showing that the course will be of bona fide use in the pursuit of 
    the veteran'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) Except to the extent otherwise specifically provided in this 
title or chapter 106 of title 10, the Secretary shall not approve the 
enrollment of an eligible veteran 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 veteran is seeking.
    (c) The Secretary shall not approve the enrollment of an eligible 
veteran in any course to be pursued by radio.
    (d)(1) Except as provided in paragraph (2) of this subsection, the 
Secretary shall not approve the enrollment of any eligible veteran, not 
already enrolled, in any course for any period during which the 
Secretary finds that more than 85 percent of the students enrolled in 
the course are having all or part of their tuition, fees, or other 
charges paid to or for them by the educational institution or by the 
Department of Veterans Affairs under this title or under chapter 106 of 
title 10. The Secretary may waive the requirements of this subsection, 
in whole or in part, if the Secretary determines, pursuant to 
regulations which the Secretary shall prescribe, it to be in the 
interest of the eligible veteran and the Federal Government. The 
provisions of this subsection shall not apply to any course offered by 
an educational institution if the total number of veterans and persons 
receiving assistance under this chapter or chapter 30, 31, 32, or 35 of 
this title or under chapter 106 of title 10 who are enrolled in such 
institution equals 35 percent or less, or such other percent as the 
Secretary prescribes in regulations, of the total student enrollment at 
such institution (computed separately for the main campus and any branch 
or extension of such institution), except that the Secretary may apply 
the provisions of this subsection with respect to any course in which 
the Secretary has reason to believe that the enrollment of such veterans 
and persons may be in excess of 85 percent of the total student 
enrollment in such course.
    (2) Paragraph (1) of this subsection does not apply with respect to 
the enrollment of a veteran--
        (A) in a course offered pursuant to section 3019, 3034(a)(3), 
    3234, or 3241(a)(2) of this title;
        (B) in a farm cooperative training course; or
        (C) in a course described in subsection (g).

    (e) The Secretary may not approve the enrollment of an eligible 
veteran in a course not leading to a standard college degree offered by 
a proprietary profit or proprietary nonprofit educational institution 
if--
        (1) the educational institution has been operating for less than 
    two years;
        (2) the course is offered at a branch of the educational 
    institution and the branch has been operating for less than two 
    years; or
        (3) following either a change in ownership or a complete move 
    outside its original general locality, the educational institution 
    does not retain substantially the same faculty, student body, and 
    courses as before the change in ownership or the move outside the 
    general locality (as determined in accordance with regulations the 
    Secretary shall prescribe) unless the educational institution 
    following such change or move has been in operation for at least two 
    years.

    (f) The Secretary may not approve the enrollment of an eligible 
veteran in a course as a part of a program of education offered by an 
educational institution if the course is provided under contract by 
another educational institution or entity and--
        (1) the Secretary would be barred under subsection (e) from 
    approving the enrollment of an eligible veteran in the course of the 
    educational institution or entity providing the course under 
    contract; or
        (2) the educational institution or entity providing the course 
    under contract has not obtained approval for the course under this 
    chapter.

    (g) Notwithstanding subsections (e) and (f)(1), the Secretary may 
approve the enrollment of an eligible veteran in a course approved under 
this chapter if the course is offered by an educational institution 
under contract with the Department of Defense or the Department of 
Transportation and is given on or immediately adjacent to a military 
base, Coast Guard station, National Guard facility, or facility of the 
Selected Reserve.

(Added Pub. L. 102-568, title III, Sec. 313(a)(2), Oct. 29, 1992, 106 
Stat. 4331; amended Pub. L. 104-275, title I, Secs. 103(a)(2), (b), 
104(c), Oct. 9, 1996, 110 Stat. 3326, 3327; Pub. L. 105-114, title IV, 
Sec. 401(d), (e), Nov. 21, 1997, 111 Stat. 2293; Pub. L. 105-368, title 
X, Sec. 1005(b)(9), Nov. 11, 1998, 112 Stat. 3365.)


                               Amendments

    1998--Subsec. (d)(2)(C). Pub. L. 105-368 struck out ``section'' 
before ``subsection (g)''.
    1997--Subsec. (a)(4). Pub. L. 105-114, Sec. 401(d), inserted 
``(including open circuit television)'' before ``leading to a 
standard''.
    Subsec. (g). Pub. L. 105-114, Sec. 401(e), substituted ``subsections 
(e) and (f)(1)'' for ``subsections (e) and (f)''.
    1996--Subsec. (c). Pub. L. 104-275, Sec. 104(c), substituted 
``radio.'' for ``radio or by open circuit television, except that the 
Secretary may approve the enrollment of an eligible veteran 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.''
    Subsec. (d)(2)(C). Pub. L. 104-275, Sec. 103(a)(2), substituted 
``subsection (g)'' for ``3689(b)(6) of this title''.
    Subsecs. (e) to (g). Pub. L. 104-275, Sec. 103(b), added subsecs. 
(e) to (g).


                            Savings Provision

    Section not applicable to any person receiving educational 
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 thereafter 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3034, 3241 of this title; 
title 10 section 16136.
