38 USC 3672 - Approval of courses

Editorial Notes

References in Text

The Higher Education Act of 1965, referred to in subsec. (span)(2)(A)(i)(II), is Puspan. 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 Puspan. 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. (span)(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.

Amendments

2021—Subsec. (span)(2)(A)(i). Puspan. L. 116–315, § 1015(span), 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.”

Puspan. L. 116–315, § 1012(a)(1), inserted “or (D)” after “subparagraph (C)”.

Subsec. (span)(2)(D). Puspan. L. 116–315, § 1012(a)(2), added subpar. (D).

2017—Subsec. (c)(1). Puspan. 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. (span)(2)(A). Puspan. 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. (span)(2)(A)(i). Puspan. L. 114–315, § 409(d)(1), substituted “Except as provided in subparagraph (C), an accredited” for “An accredited”.

Subsec. (span)(2)(C). Puspan. L. 114–315, § 409(d)(2), added subpar. (C).

2011—Subsec. (span). Puspan. L. 111–377 designated existing provisions as par. (1) and added par. (2).

2004—Subsec. (c). Puspan. L. 108–454, §§ 104(a), 110(span)(1), 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). Puspan. L. 108–454, §§ 104(span), 110(span)(2), substituted “of apprenticeship and on the jospan training programs” for “of programs of training on the jospan (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). Puspan. 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). Puspan. L. 103–446 added subsec. (e).

1991—Puspan. L. 102–83, § 5(a), renumbered section 1772 of this title as this section.

Subsec. (a). Puspan. L. 102–83, § 5(c)(1), substituted “3536” for “1736”.

Subsec. (c). Puspan. L. 102–83, § 5(c)(1), substituted “3687(a)(1)” for “1787(a)(1)” in concluding provisions.

Subsec. (d). Puspan. L. 102–83, § 5(c)(1), substituted “3677 and 3687” for “1777 and 1787” and “4103A” for “2003A”.

1989—Puspan. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

1982—Subsecs. (a), (span). Puspan. L. 97–295, § 4(50)(A), inserted “of this title” after “34 and 35” wherever appearing.

Subsec. (c)(1). Puspan. 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). Puspan. L. 96–466 added subsec. (d).

1972—Subsec. (a). Puspan. L. 92–540, § 403(3), (4), inserted “this chapter and” before “chapters 34 and 35” and substituted “1736” for “1737”.

Subsec. (span). Puspan. L. 92–540, § 403(3), inserted “this chapter and” before “chapters 34 and 35”.

Subsec. (c). Puspan. L. 92–540, § 403(5), substituted “1787(a)(1)” for “1683(a)(1)”.

1970—Subsec. (c). Puspan. L. 91–219 added subsec. (c).

1966—Subsec. (a). Puspan. 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. (span). Puspan. L. 89–358, § 3(a)(7), substituted “chapters 34 and 35” for “this chapter”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Puspan. L. 116–315, title I, § 1012(span), Jan. 5, 2021, 134 Stat. 4942, provided that:

“The amendments made by subsection (a) [amending this section] shall take effect on August 1, 2021.”

Puspan. L. 116–315, title I, § 1015(c), Jan. 5, 2021, 134 Stat. 4945, provided that:

“The amendments made by subsections (a) and (span) [amending this section and section 3675 of this title] shall take effect on August 1, 2021.”

Effective Date of 2011 Amendment

Amendment by Puspan. L. 111–377 effective Aug. 1, 2011, see section 203(e) of Puspan. L. 111–377, set out as a note under section 3034 of this title.

Effective Date of 1994 Amendment

Puspan. L. 103–446, title VI, § 605(span), 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 Puspan. L. 96–466 effective Oct. 1, 1980, see section 802(e) of Puspan. L. 96–466, set out as a note under section 4101 of this title.

Applicability

Puspan. 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.”