
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 106-419 Section 404(a)(7)]
[CITE: 38USC3684]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
           CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
 
                 SUBCHAPTER II--MISCELLANEOUS PROVISIONS
 
Sec. 3684. Reports by veterans, eligible persons, and 
        institutions; reporting fee
        
    (a)(1) Except as provided in paragraph (2) of this subsection, the 
veteran or eligible person and the educational institution offering a 
course in which such veteran or eligible person is enrolled under 
chapter 31, 34,,\1\ 35, or 36 of this title shall, without delay, report 
to the Secretary, in the form prescribed by the Secretary, such 
enrollment and any interruption or termination of the education of each 
such veteran or eligible person. The date of such interruption or 
termination will be the last date of pursuit, or, in the case of 
correspondence training, the last date a lesson was serviced by a 
school.
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    \1\ So in original.
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    (2)(A) In the case of a program of independent study pursued on less 
than a half-time basis in an educational institution, the Secretary may 
approve a delay by the educational institution in reporting the 
enrollment or reenrollment of an eligible veteran or eligible person 
until the end of the term, quarter, or semester if the educational 
institution requests the delay and the Secretary determines that it is 
not feasible for the educational institution to monitor interruption or 
termination of the veteran's or eligible person's pursuit of such 
program.
    (B) An educational institution which, pursuant to subparagraph (A) 
of this paragraph, is delaying the reporting of the enrollment or 
reenrollment of a veteran shall provide the veteran with notice of the 
delay at the time that the veteran enrolls or reenrolls.
    (3)(A) Subject to subparagraph (B) of this paragraph, an educational 
institution offering courses on a term, quarter, or semester basis may 
certify the enrollment of a veteran who is not on active duty, or of an 
eligible person, in such courses for more than one term, quarter, or 
semester at a time, but not for a period extending beyond the end of a 
school year (including the summer enrollment period).
    (B) Subparagraph (A) of this paragraph shall not apply with respect 
to any term, quarter, or semester for which the veteran or eligible 
person is enrolled on a less than half-time basis and shall not be 
construed as restricting the Secretary from requiring that an 
educational institution, in reporting an enrollment for more than one 
term, quarter, or semester, specify the dates of any intervals within or 
between any such terms, quarters, or semesters.
    (b) The Secretary, prior to making payment of a reporting fee to an 
educational institution, as provided for in subsection (c) of this 
section, shall require such institution to certify that it has exercised 
reasonable diligence in determining whether such institution or any 
course offered by such institution approved for the enrollment of 
veterans or eligible persons meets all of the applicable requirements of 
chapters 31, 34, 35, and 36 of this title and that it will, without 
delay, report any failure to meet any such requirement to the Secretary.
    (c) The Secretary may pay to any educational institution, or to any 
joint apprenticeship training committee acting as a training 
establishment, furnishing education or training under either this 
chapter or chapter 31, 34, or 35 of this title, a reporting fee which 
will be in lieu of any other compensation or reimbursement for reports 
or certifications which such educational institution or joint 
apprenticeship training committee is required to submit to the Secretary 
by law or regulation. Such reporting fee shall be computed for each 
calendar year by multiplying $7 by the number of eligible veterans or 
eligible persons enrolled under this chapter or chapter 31, 34, or 35 of 
this title, or $11 in the case of those eligible veterans and eligible 
persons whose educational assistance checks are directed in care of each 
institution for temporary custody and delivery and are delivered at the 
time of registration as provided under section 3680(d)(4) of this title, 
during the calender \2\ year. The reporting fee shall be paid to such 
educational institution or joint apprenticeship training committee as 
soon as feasible after the end of the calendar year for which it is 
applicable. No reporting fee payable to an educational institution under 
this subsection shall be subject to offset by the Secretary against any 
liability of such institution for any overpayment for which such 
institution may be administratively determined to be liable under 
section 3685 of this title unless such liability is not contested by 
such institution or has been upheld by a final decree of a court of 
appropriate jurisdiction. The reporting fee payable under this 
subsection shall be paid from amounts appropriated for readjustment 
benefits.
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    \2\ So in original. Probably should be ``calendar''.
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(Added Pub. L. 89-358, Sec. 3(b), Mar. 3, 1966, 80 Stat. 22, Sec. 1784; 
amended Pub. L. 90-77, title III, Sec. 308(a), Aug. 31, 1967, 81 Stat. 
189; Pub. L. 92-540, title III, Sec. 315, Oct. 24, 1972, 86 Stat. 1084; 
Pub. L. 93-508, title II, Sec. 210(2), Dec. 3, 1974, 88 Stat. 1585; Pub. 
L. 94-502, title V, Secs. 507, 508, 513(a)(17), Oct. 15, 1976, 90 Stat. 
2400, 2403; Pub. L. 95-202, title III, Sec. 304(a)(1), Nov. 23, 1977, 91 
Stat. 1442; Pub. L. 96-466, title III, Sec. 343(a), (b)(1), title VI, 
Sec. 601(e), Oct. 17, 1980, 94 Stat. 2198, 2208; Pub. L. 97-295, 
Sec. 4(55), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 99-576, title III, 
Secs. 318, 319, Oct. 28, 1986, 100 Stat. 3275; Pub. L. 101-237, title 
IV, Secs. 416(a), 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2086, 2092; 
renumbered Sec. 3684 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 406; Pub. L. 105-368, title II, Sec. 201(a), (b), 
Nov. 11, 1998, 112 Stat. 3326.)


                            Prior Provisions

    Provisions similar to those comprising this section were contained 
in Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1191, 1202, which was 
classified to former sections 1665(a) and 1765(a) of this title, prior 
to repeal by sections 4(a) and 3(a)(3) of Pub. L. 89-358, respectively.


                               Amendments

    1998--Subsec. (c). Pub. L. 105-368, in second sentence, substituted 
``during the calender year.'' for ``on October 31 of that year; except 
that the Secretary may, where it is established by such educational 
institution or joint apprenticeship training committee that eligible 
veteran plus eligible person enrollment on such date varies more than 15 
percent from the peak eligible veteran enrollment plus eligible person 
enrollment in such educational institution or joint apprenticeship 
training committee during such calendar year, establish such other date 
as representative of the peak enrollment as may be justified for such 
educational institution or joint apprenticeship training committee.'' 
and inserted at end ``The reporting fee payable under this subsection 
shall be paid from amounts appropriated for readjustment benefits.''
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1784 of this 
title as this section.
    Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3680(d)(4)'' for ``1780(d)(4)'' and ``3685'' for ``1785''.
    1989--Subsec. (a)(1). Pub. L. 101-237, Sec. 423(b)(1)(A), 
substituted ``Secretary'' for ``Administrator'' wherever appearing.
    Pub. L. 101-237, Sec. 416(a)(1), substituted ``chapter 31, 34,'' for 
``chapter 34''.
    Subsec. (a)(2)(A), (3)(B). Pub. L. 101-237, Sec. 423(b)(1)(A), 
substituted ``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (b). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Pub. L. 101-237, Sec. 416(a)(2), inserted reference to chapter 31.
    Subsec. (c). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Pub. L. 101-237, Sec. 416(a)(3), inserted references to chapter 31.
    1986--Subsec. (a)(1), (2). Pub. L. 99-576, Sec. 318, designated 
existing provisions as par. (1), substituted ``Except as provided in 
paragraph (2) of this subsection, the'' for ``The'', and added par. (2).
    Subsec. (a)(3). Pub. L. 99-576, Sec. 319, added par. (3).
    1982--Subsec. (c). Pub. L. 97-295 substituted ``percent'' for ``per 
centum''.
    1980--Pub. L. 96-466, Sec. 343(b)(1), substituted ``Reports by 
veterans, eligible persons, and institutions'' for ``Reports by 
institutions'' in section catchline.
    Subsec. (a). Pub. L. 96-466, Sec. 343(a)(1), expanded provisions to 
require reports by veterans and eligible persons.
    Subsec. (b). Pub. L. 96-466, Sec. 343(a)(2), added subsec. (b). 
Former subsec. (b) redesignated (c).
    Subsec. (c). Pub. L. 96-466, Secs. 343(a)(2), 601(e), redesignated 
former subsec. (b) as (c) and substituted ``section 1780(d)(4)'' for 
``section 1780(d)(5)''.
    1977--Subsec. (b). Pub. L. 95-202 substituted ``$7'' and ``$11'' for 
``$5'' and ``$6'', respectively, and inserted provision that no 
reporting fee payable to an educational institution under this 
subsection be subject to offset by the Administrator against any 
liability of the institution for any overpayment for which the 
institution may be administratively determined to be liable under 
section 1785 of this title unless that liability is not contested by the 
institution or has been upheld by a final decree of a court of 
appropriate jurisdiction.
    1976--Subsec. (a). Pub. L. 94-502, Secs. 507, 513(a)(17), 
substituted ``prescribed by the Administrator'' for ``prescribed by 
him'', and specified the date of interruption or termination as the last 
date of pursuit, or in the case of a correspondence school, the last 
date a lesson was serviced.
    Subsec. (b). Pub. L. 94-502, Secs. 508, 513(a)(17), substituted 
``$5'' for ``$3'', ``$6'' for ``$4'', and ``submit to the 
Administrator'' for ``submit to him''.
    1974--Subsec. (b). Pub. L. 93-508 extended the payment of reporting 
fee to educational institutions under this chapter and to joint 
apprenticeship training committees acting as training establishments, 
and in provisions relating to computation of such fee, substituted 
reference to this chapter for reference to chapter 36 of this title.
    1972--Subsec. (a). Pub. L. 92-540, Sec. 315(1), inserted reference 
to chapter 36 of this title.
    Subsec. (b). Pub. L. 92-540, Sec. 315(1), (2), (3), inserted 
reference to chapter 36 of this title, and substituted provisions 
relating to the computation of the reporting fee based on the number of 
eligible veterans or eligible persons enrolled under chapter 34, 35, or 
36 of this title, or based on eligible veterans and eligible persons 
whose educational assistance checks are directed in care of such 
institution for temporary custody and delivery and are delivered at the 
time of registration as provided under section 1780(d)(5) of this title, 
for provisions relating to the computation of such fee based on eligible 
veterans enrolled under chapter 34 of this title, plus the number of 
eligible persons enrolled under chapter 35 of this title.
    1967--Pub. L. 90-77 provided for the reporting fee in section 
catchline, designated existing provisions as subsec. (a), and added 
subsec. (b).


                    Effective Date of 1998 Amendment

    Pub. L. 105-368, title II, Sec. 201(c), Nov. 11, 1998, 112 Stat. 
3326, provided that: ``The amendments made by this section [amending 
this section] shall apply with respect to calendar years beginning after 
December 31, 1998.''


                    Effective Date of 1989 Amendment

    Section 416(b) of Pub. L. 101-237 provided that: ``The amendments 
made by this section [amending this section] shall take effect on 
January 1, 1990.''


                    Effective Date of 1980 Amendment

    Amendment by section 343(a), (b)(1) of 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.
    Amendment by section 601(e) of Pub. L. 96-466 effective Oct. 1, 
1980, except as otherwise specifically provided, see section 802(f) of 
Pub. L. 96-466, set out as an Effective Date note under section 5314 of 
this title.


                    Effective Date of 1977 Amendment

    Amendment by section 304(a)(1)(A) of Pub. L. 95-202 effective 
retroactively to Oct. 1, 1977, and amendment by section 304(a)(1)(B) of 
Pub. L. 95-202 effective Nov. 23, 1977, see section 501 of Pub. L. 95-
202, set out as a note under section 101 of this title.


                    Effective Date of 1976 Amendment

    Amendment by sections 507, 508, and 513(a)(17) of Pub. L. 94-502 
effective Dec. 1, 1976, Oct. 1, 1976, and Oct. 15, 1976, respectively, 
see section 703 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.


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-77 effective first day of first month which 
begins more than ten days after Aug. 31, 1967, see section 405 of Pub. 
L. 90-77, set out as a note under section 101 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3685, 3698 of this title.
