Pub. L. 102-568, tit. III, sec. 313
DISAPPROVAL OF NONACCREDITED INDEPENDENT STUDY.
SEC. 313. DISAPPROVAL OF NONACCREDITED INDEPENDENT STUDY. (a) Disapproval.— (1) Section 3676 is amended by adding at the end the following new subsection: “(e) Notwithstanding any other provision of this title, a course of education shall not be approved under this section if it is to be pursued in whole or in part by independent study.”. (2) Subchapter I of chapter 36 is amended by inserting after section 3680 the following new section: “§ 3680A. Disapproval of enrollment in certain courses “(a) The Secretary shall not approve the enrollment of an eligible veteran in— “(1) any bartending course or personality development course; “(2) any sales or sales management course which does not provide specialized training within a specific vocational field; “(3) 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 veteran submits justification showing that the course will be of bona fide use in the pursuit106 STAT. 4332 of the veteran’s present or contemplated business or occupation; or “(4) any independent study program except an accredited independent study program leading to a standard college degree. “(b) Except to the extent otherwise specifically provided in this title or chapter 106 of title 10, the Secretary shall not approve the enrollment of an eligible veteran 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 veteran is seeking. “(c) The Secretary shall not approve the enrollment of an eligible veteran in any course to be pursued by radio or by open circuit television, except that the Secretary may approve the enrollment of an eligible veteran in a course, to be pursued in residence, leading to a standard college degree which includes, as an integral part thereof, subjects offered through open circuit television. “(d) (1) Except as provided in paragraph (2) of this subsection, the Secretary shall not approve the enrollment of any eligible veteran, not already enrolled, in any course for any period during which the Secretary finds that more than 85 percent of the students enrolled in the course are having all or part of their tuition, fees, or other charges paid to or for them by the educational institution or by the Department of Veterans Affairs under this title or under chapter 106 of title 10. The Secretary may waive the requirements of this subsection, in whole or in part, if the Secretary determines, pursuant to regulations which the Secretary shall prescribe, it to be in the interest of the eligible veteran and the Federal Government. The provisions of this subsection shall not apply to any course offered by an educational institution if the total number of veterans and persons receiving assistance under this chapter or chapter 30, 31, 32, or 35 of this title or under chapter 106 of title 10 who are enrolled in such institution equals 35 percent or less, or such other percent as the Secretary prescribes in regulations, of the total student enrollment at such institution (computed separately for the main campus and any branch or extension of such institution), except that the Secretary may apply the provisions of this subsection with respect to any course in which the Secretary has reason to believe that the enrollment of such veterans and persons may be in excess of 85 percent of the total student enrollment in such course. “(2) Paragraph (1) of this subsection does not apply with respect to the enrollment of a veteran— “(A) in a course offered pursuant to section 3019, 3034(a)(3), 3234, or 3241(a)(2) of this title; “(B) in a farm cooperative training course; or “(C) in a course described in section 3689(b)(6) of this title.”. (3) (A) Chapter 34 is amended by repealing section 3473. (B) The table of sections at the beginning of chapter 34 is amended by striking out the item relating to section 3473. (4) Section 3034 is amended— (A) in subsection (a)(1), by striking out “3473,”; and (B) in subsection (d)(1), by striking out “3473(b)” and inserting in lieu thereof “3680A(b)”. (5) Section 3241 is amended— (A) by striking out “3473,” both places it appears; and 106 STAT. 4333 (B) in subsection (b)(1), by striking out “3473(b)” and inserting in lieu thereof “3680A(b)”. (6) Section 2136(c)(1) of title 10, United States Code, is amended by striking out “1673(b)” and inserting in lieu thereof “3680A(b)”. (7) Section 3523(a)(4) is amended by striking out “one” and all that follows and inserting in lieu thereof “an accredited independent study program leading to a standard college degree.”. (8) The table of sections at the beginning of chapter 36 is amended by inserting after the item relating to section 3680 the following new item: “3680A. Disapproval of enrollment in certain courses.”. (b) Savings Provision.— The amendments made by paragraphs (2) through (6) of subsection (a) of this section shall not apply to any person receiving educational assistance for pursuit of an independent study program in which the person was enrolled on the date of enactment of this section for as long as such person is continuously thereafter so enrolled and meets the requirements of eligibility for such assistance for the pursuit of such program under title 38, United States Code, or title 10, United States Code, in effect on that date.