38 U.S.C. § 3671 (VETERANS’ BENEFITS)
§ 3671. Designation
(a) Unless otherwise established by the law of the State concerned, the chief executive of each State is requested to create or designate a State department or agency as the “State approving agency” for such State for the purposes of this chapter and chapters 34 and 35 of this title.
(b)
(1) If any State fails or declines to create or designate a State approving agency, or fails to enter into an agreement under section 3674(a), the provisions of this chapter which refer to the State approving agency shall, with respect to such State, be deemed to refer to the Secretary.
(2) Except as otherwise provided in this chapter, in the case of courses subject to approval by the Secretary under section 3672 of this title, the provisions of this chapter which refer to a State approving agency shall be deemed to refer to the Secretary.
(Added Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 158, § 1771; amended Pub. L. 89–358, § 3(a)(6), Mar. 3, 1966, 80 Stat. 20; Pub. L. 92–540, title IV, § 403(2), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 94–502, title V, § 513(a)(1), Oct. 15, 1976, 90 Stat. 2402; Pub. L. 100–323, § 13(b)(4), May 20, 1988, 102 Stat. 573; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3671 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 111–377, title II, § 203(a)(2)(B), Jan. 4, 2011, 124 Stat. 4125; Pub. L. 116–315, title I, § 1024(a), Jan. 5, 2021, 134 Stat. 4960.)
heading: Amendment of Section
text: Pub. L. 116–315, title I, § 1024(a), (b), Jan. 5, 2021, 134 Stat. 4960, provided that, effective on the date that is 180 days after Jan. 5, 2021, this section is amended by adding at the end the following:
(c) A State department or agency may not be recognized as a State approving agency designated under this section if such State department or agency is administered at or colocated with a university or university system whose courses or programs of education would be subject to approval under this chapter by the State approving agency in that State.
See 2021 Amendment note below.
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (c). Pub. L. 116–315 added subsec. (c).
2011—Subsec. (b)(2). Pub. L. 111–377 substituted “Except as otherwise provided in this chapter, in the case” for “In the case”.
1991—Pub. L. 102–83, § 5(a), renumbered section 1771 of this title as this section.
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3674(a)” for “1774(a)” in par. (1) and “3672” for “1772” in par. (2).
1989—Subsec. (b). Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.
1988—Subsec. (b)(1). Pub. L. 100–323 inserted “or fails to enter into an agreement under section 1774(a),” after “State approving agency,”.
1976—Subsec. (a). Pub. L. 94–502 substituted “such” for “his”.
1972—Subsec. (a). Pub. L. 92–540 inserted “this chapter and” after “purposes of”.
1966—Subsec. (a). Pub. L. 89–358 substituted “chapters 34 and 35 of this title” for “this chapter after the date for the expiration of all education and training provided in chapter 33 of this title. Such agency may be the agency designated or created in accordance with section 1641 of this title”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Pub. L. 116–315, title I, § 1024(b), Jan. 5, 2021, 134 Stat. 4960, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Jan. 5, 2021].”
heading: Effective Date of 2011 Amendment
text: Amendment by Pub. L. 111–377 effective Aug. 1, 2011, see section 203(e) of Pub. L. 111–377, set out as a note under section 3034 of this title.
heading: Effective Date of 1976 Amendment
text: 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.