38 U.S.C. § 3686

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 3686 - Correspondence courses

(a)

(1) Each eligible veteran (as defined in section 3452(a)(1) and (2) of this title) and each eligible spouse or surviving spouse (as defined in section 3501(a)(1)(B), (C), (D), or (E) of this title) who enters into an enrollment agreement to pursue a program of education exclusively by correspondence shall be paid an educational assistance allowance computed at the rate of 55 percent of the established charge which the institution requires nonveterans to pay for the course or courses pursued by the eligible veteran or spouse or surviving spouse. The term "established charge" as used herein means the charge for the course or courses determined on the basis of the lowest extended time payment plan offered by the institution and approved by the appropriate State approving agency or the actual cost to the veteran or spouse or surviving spouse, whichever is the lesser. Such allowance shall be paid quarterly on a pro rata basis for the lessons completed by the veteran or spouse or surviving spouse and serviced by the institution.

(2) The period of entitlement of any veteran or spouse or surviving spouse who is pursuing any program of education exclusively by correspondence shall be charged with one month for each $376 which is paid to the veteran or spouse or surviving spouse as an educational assistance allowance for such course.

(3) Notwithstanding any other provision of law unless enacted in express limitation of this paragraph, funds in the Department of Veterans Affairs readjustment benefits account shall be available for payments under paragraph (1) of this subsection for pursuit of a program of education exclusively by correspondence in which the veteran or spouse or surviving spouse enrolls after September 30, 1981.

(b) The enrollment agreement shall fully disclose the obligation of both the institution and the veteran or spouse or surviving spouse and shall prominently display the provisions for affirmance, termination, refunds, and the conditions under which payment of the allowance is made by the Secretary to the veteran or spouse or surviving spouse. A copy of the enrollment agreement shall be furnished to each such veteran or spouse or surviving spouse at the time such veteran or spouse or surviving spouse signs such agreement. No such agreement shall be effective unless such veteran or spouse or surviving spouse shall, after the expiration of five days after the enrollment agreement is signed, have signed and submitted to the Secretary a written statement, with a signed copy to the institution, specifically affirming the enrollment agreement. In the event the veteran or spouse or surviving spouse at any time notifies the institution of such veteran's or spouse's intention not to affirm the agreement in accordance with the preceding sentence, the institution, without imposing any penalty or charging any fee shall promptly make a full refund of all amounts paid.

(c) In the event a veteran or spouse or surviving spouse elects to terminate such veteran's or spouse's enrollment under an affirmed enrollment agreement, the institution may charge the veteran or spouse or surviving spouse a registration or similar fee not in excess of 10 percent of the tuition for the course, or $50, whichever is less. Where the veteran or spouse or surviving spouse elects to terminate the agreement after completion of one or more but less than 25 percent of the total number of lessons comprising the course, the institution may retain such registration or similar fee plus 25 percent of the tuition for the course. Where the veteran or spouse or surviving spouse elects to terminate the agreement after completion of 25 percent but less than 50 percent of the lessons comprising the course, the institution may retain the full registration or similar fee plus 50 percent of the course tuition. If 50 percent or more of the lessons are completed, no refund of tuition is required.

38 U.S.C. § 3686

Added Pub. L. 92-540, title III, §316(1), Oct. 24, 1972, 86 Stat. 1084, §1786; amended Pub. L. 93-508, title I, §104(1), Dec. 3, 1974, 88 Stat. 1580; Pub. L. 93-602, title II, §205(a), Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94-502, title V, §§501(1), 513(a)(18), Oct. 15, 1976, 90 Stat. 2398, 2403; Pub. L. 95-202, title I, §104(1), Nov. 23, 1977, 91 Stat. 1435; Pub. L. 96-466, title II, §§203(2), 213, title VI, §604, Oct. 17, 1980, 94 Stat. 2189, 2191, 2209; Pub. L. 97-35, title XX, §2004(a), Aug. 13, 1981, 95 Stat. 782; Pub. L. 97-174, §5(a), May 4, 1982, 96 Stat. 75; Pub. L. 97-295, §4(56), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 98-543, title II, §204(1), Oct. 24, 1984, 98 Stat. 2742; Pub. L. 101-237, title IV, §423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered §3686 and amended Pub. L. 102-83, §5(a), (c) (1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446, title VI, §605(a)(2)(C), Nov. 2, 1994, 108 Stat. 4672; Pub. L. 109-444, §3(c)(1), Dec. 21, 2006, 120 Stat. 3307; Pub. L. 109-461, title III, §301(c)(1), title X, §1006(b), Dec. 22, 2006, 120 Stat. 3427, 3468; Pub. L. 110-389, title III, §323, Oct. 10, 2008, 122 Stat. 4168.

EDITORIAL NOTES

AMENDMENTS2008-Subsec. (b). Pub. L. 110-389 substituted "five" for "ten".2006-Subsec. (a)(1). Pub. L. 109-461, §1006(b), provided that as of the enactment of Pub. L. 109-461 the amendments made by Pub. L. 109-444 were deemed for all purposes not to have taken effect and that Pub. L. 109-444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109-461 set out as a Coordination of Provisions With Pub. L. 109-444 note under section 101 of this title. Pub. L. 109-461, §301(c)(1), substituted "(D), or (E)" for "or (D)". Pub. L. 109-444 which substituted "(D), or (E)" for "or (D)", was terminated by Pub. L. 109-461, §1006(b). See Amendment notes above.1994-Subsec. (c). Pub. L. 103-446 struck out "(other than one subject to the provisions of section 3676 of this title)" before "may charge". 1991- Pub. L. 102-83, §5(a), renumbered section 1786 of this title as this section. Subsec. (a)(1). Pub. L. 102-83, §5(c)(1), substituted "3452(a)(1)" for "1652(a)(1)" and "3501(a)(1)(B)" for "1701(a)(1)(B)".Subsec. (c). Pub. L. 102-83, §5(c)(1), substituted "3676" for "1776". 1989-Subsecs. (a)(3), (b). Pub. L. 101-237 substituted "Secretary" and "Department of Veterans Affairs" for "Administrator" and "Veterans' Administration", respectively, wherever appearing. 1984-Subsec. (a)(2). Pub. L. 98-543 substituted "$376" for "$342".1982-Subsec. (a)(3). Pub. L. 97-174 added par. (3).Subsec. (c). Pub. L. 97-295 substituted "percent" for "per centum" wherever appearing. 1981-Subsec. (a)(1). Pub. L. 97-35 substituted "55" for "70".1980-Subsec. (a)(1). Pub. L. 96-466, §604, substituted "70 percent" for "90 per centum". Subsec. (a)(2). Pub. L. 96-466, §213(2), substituted "$342" for "$327". Pub. L. 96-466, §203(2), substituted "$327" for "$311". 1977-Subsec. (a)(2). Pub. L. 95-202 substituted "$311" for "$292".1976-Subsec. (a)(1). Pub. L. 94-502, §513(a)(18), substituted "spouse or surviving spouse" for "wife or widow" wherever appearing.Subsec. (a)(2). Pub. L. 94-502, §§501(1), 513, substituted "spouse or surviving spouse" for "wife or widow" in two places and "$292" for "$270".Subsecs. (b), (c). Pub. L. 94-502, §513(a)(18), substituted "spouse or surviving spouse" for "wife or widow" wherever appearing and "such veteran's or spouse's" for "his". 1975-Subsec. (a)(2). Pub. L. 93-602 substituted "$270" for "$260".1974-Subsec. (a)(2). Pub. L. 93-508 substituted "$260" for "220".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2006 AMENDMENT Amendment by section 301(c)(1) of Pub. L. 109-461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109-461 set out as a note under section 3501 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-446 applicable with respect to programs of education exclusively by correspondence and to correspondence-residence courses commencing more than 90 days after Nov. 2, 1994, see section 605(b) of Pub. L. 103-446 set out as a note under section 3672 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-543 effective Oct. 1, 1984, see section 205 of Pub. L. 98-543 set out as a note under section 3108 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97-174, §5(b), May 4, 1982, 96 Stat. 76, provided that: "The amendment made by subsection (a) of this section [amending this section] shall take effect as of October 1, 1981."

EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97-35, title XX, §2004(b), Aug. 13, 1981, 95 Stat. 782, provided that: "The amendment made by subsection (a) [amending this section] shall not apply to correspondence lessons completed and submitted to the educational institution concerned before October 1, 1981."

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by sections 203(2) and 213(2) of Pub. L. 96-466 effective Oct. 1, 1980, and Jan. 1, 1981, respectively, see section 802(b) of Pub. L. 96-466 set out as a note under section 3482 of this title. Amendment by section 604 of Pub. L. 96-466 effective Oct. 1, 1980, except that such amendment not applicable to any person receiving educational assistance under chapter 34 or 35 of this title on Sept. 1, 1980, for the pursuit of a program of education in which such person is enrolled on that date, for as long as such person continuously thereafter is so enrolled and meets the requirements of eligibility for such assistance for the pursuit of such program under the provisions of such chapter and chapter 36 of this title as in effect on that date, 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 Pub. L. 95-202 effective retroactively to Oct. 1, 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 501(1) and 513(a)(18) of Pub. L. 94-502 effective Oct. 1, 1976, and Oct. 15, 1976, respectively, see section 703(a), (b) of Pub. L. 94-502 set out as an Effective Date note under section 3693 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-602 effective Jan. 1, 1975, see section 206 of Pub. L. 93-602 set out as a note under section 3482 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-508 effective Sept. 1, 1974, see section 501 of Pub. L. 93-508 set out as a note under section 3482 of this title.

EFFECTIVE DATEPub. L. 92-540, title VI, §602, Oct. 24, 1972, 86 Stat. 1099, provided that: "(a) The provisions of section 1786 [now 3686] of title 38, United States Code (as added by section 316 of this Act), which apply to programs of education exclusively by correspondence, shall, as to those wives and widows made eligible for such training by that section, become effective January 1, 1973, and, as to eligible veterans, shall apply only to those enrollment agreements which are entered into on or after January 1, 1973. "(b) Notwithstanding the provisions of subsection (a) of this section, any enrollment agreement entered into by an eligible veteran prior to January 1, 1973, shall continue to be subject to the provisions of section 1682(c) of title 38, United States Code, prior to its repeal by section 303 of this Act."

TERMINATION OF ELIGIBILITY PERIOD Termination of eligibility period for a wife or widow, or an eligible person eight years from Oct. 24, 1972, see section 604 of Pub. L. 92-540 set out as a note under section 3512 of this title.