38 U.S.C. § 3523 — Disapproval of enrollment in certain courses
submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 376 words · no verdicts yet
The Secretary may not approve several types of courses, including bartending, certain sales, recreational, unaccredited independent-study, radio, and most flight-training courses. Secondary-school and out-of-state enrollment also face the stated limits and exceptions.
(a) The Secretary* must not approve an eligible person’s enrollment in: (1) a bartending or personality-development course; (2) a sales or sales-management course without specialized training in a specific vocational field; (3) a course the Secretary finds avocational or recreational, or whose advertising has significant such themes, unless the person justifies that it will genuinely be used for the person’s present or planned business or occupation; or (4) an independent-study program, unless it is accredited (including open-circuit television) and leads to a standard college degree*.
(b) The Secretary must not approve flight training unless a higher-education institution provides it for credit toward a standard college degree the person is seeking.
(c) The Secretary must not approve a course pursued by radio.
(d) The Secretary must not approve a course that is part of the person’s regular secondary-school education, except as 38 U.S.C. § 3533 provides. But the person may enroll in a non-degree course if the Secretary finds that the person has ended secondary school, by completion or otherwise, and that the course is specialized vocational training aimed at a genuine vocational goal.
(e) A person may not enroll in a course at an institution outside a State* or the Republic of the Philippines unless the course is at an approved higher-education institution and the Secretary approves it. The Secretary may deny or stop assistance if the Secretary decides that enrollment is not in the best interest of the person or the Federal Government.
The Secretary* shall not approve the enrollment of an eligible person* in—
any bartending course or personality development course;
any sales or sales management course which does not provide specialized training within a specific vocational field;
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
any independent study program except an accredited independent study program (including open circuit television) leading to a standard college degree*.
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.
The Secretary shall not approve the enrollment of an eligible person in any course to be pursued by radio.
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.
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.
Source credit: (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 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.)
- 1958Enacted · Pub. L. 85-857 · 72 Stat. 1196
- 1960Amended · Pub. L. 86-785 · 74 Stat. 1024
- 1962Amended · Pub. L. 87-546 · 76 Stat. 216
- 1970Amended · Pub. L. 91-219 · 84 Stat. 83
- 1972Amended · Pub. L. 92-540 · 86 Stat. 1083
- 1974Amended · Pub. L. 93-508 · 88 Stat. 1583
- 1976Amended · Pub. L. 94-502 · 90 Stat. 2390, 2392
- 1980Amended · Pub. L. 96-466 · 94 Stat. 2196, 2197
- 1982Amended · Pub. L. 97-306 · 96 Stat. 1433
- 1989Amended · Pub. L. 101-237 · 103 Stat. 2092
- 1991Amended · Pub. L. 102-83 · 105 Stat. 406
- 1992Amended · Pub. L. 102-568 · 106 Stat. 4333
- 1996Amended · Pub. L. 104-275 · 110 Stat. 3327
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.
all 0 arguments · sorted by: best
no arguments yet — make the first case