References in Text
The date of the enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2011, referred to in subsec. (c)(4), probably means the date of enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2010, Pub. L. 111–377, which was approved Jan. 4, 2011. The date of the enactment of this subsection, referred to in subsec. (d), is the date of enactment of Pub. L. 112–249, which was approved Jan. 10, 2013.
Prior Provisions
Provisions similar to those comprising this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1191, 1202, which was classified to former
section 1665(a) and 1765(a) of this title, prior to repeal by
section 4(a) and 3(a)(3) of Pub. L. 89–358, respectively.
Amendments
2017—Subsec. (a)(4), (5). Pub. L. 115–48, § 309, added par. (4) and redesignated former par. (4) as (5). Subsec. (c). Pub. L. 115–48, § 304(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to purpose, computation, payment, and utilization of reporting fee. 2016—Subsec. (a)(1). Pub. L. 114–315, § 407(a)(1), inserted “32, 33,” after “31,”. Subsec. (a)(4). Pub. L. 114–315, § 407(a)(2), added par. (4). 2013—Subsec. (d). Pub. L. 112–249 added subsec. (d). 2011—Subsec. (c). Pub. L. 111–377 substituted “multiplying $12” for “multiplying $7” and “or $15” for “or $11” and inserted after fourth sentence “Any reporting fee paid an educational institution or joint apprenticeship training committee after the date of the enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2011 shall be utilized by such institution or committee solely for the making of certifications required under this chapter or chapter 31, 34, or 35 of this title or for otherwise supporting programs for veterans.” 2010—Subsec. (a)(1). Pub. L. 111–275 substituted “34,” for “34,,”. 2004—Subsec. (c). Pub. L. 108–454 substituted “or to the sponsor of a program of apprenticeship” for “or to any joint apprenticeship training committee acting as a training establishment”. 2000—Subsec. (c). Pub. L. 106–419 substituted “calendar” for “calender” after “during the”. 1998—Subsec. (c). Pub. L. 105–368, in second sentence, substituted “during the calender year.” for “on October 31 of that year; except that the Secretary may, where it is established by such educational institution or joint apprenticeship training committee that eligible veteran plus eligible person enrollment on such date varies more than 15 percent from the peak eligible veteran enrollment plus eligible person enrollment in such educational institution or joint apprenticeship training committee during such calendar year, establish such other date as representative of the peak enrollment as may be justified for such educational institution or joint apprenticeship training committee.” and inserted at end “The reporting fee payable under this subsection shall be paid from amounts appropriated for readjustment benefits.” 1991—Pub. L. 102–83, § 5(a), renumbered
section 1784 of this title as this section. Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3680(d)(4)” for “1780(d)(4)” and “3685” for “1785”. 1989—Subsec. (a)(1). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing. Pub. L. 101–237, § 416(a)(1), substituted “chapter 31, 34,” for “chapter 34”. Subsec. (a)(2)(A), (3)(B). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing. Subsec. (b). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing. Pub. L. 101–237, § 416(a)(2), inserted reference to chapter 31. Subsec. (c). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing. Pub. L. 101–237, § 416(a)(3), inserted references to chapter 31. 1986—Subsec. (a)(1), (2). Pub. L. 99–576, § 318, designated existing provisions as par. (1), substituted “Except as provided in paragraph (2) of this subsection, the” for “The”, and added par. (2). Subsec. (a)(3). Pub. L. 99–576, § 319, added par. (3). 1982—Subsec. (c). Pub. L. 97–295 substituted “percent” for “per centum”. 1980—Pub. L. 96–466, § 343(b)(1), substituted “Reports by veterans, eligible persons, and institutions” for “Reports by institutions” in section catchline. Subsec. (a). Pub. L. 96–466, § 343(a)(1), expanded provisions to require reports by veterans and eligible persons. Subsec. (b). Pub. L. 96–466, § 343(a)(2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 96–466, §§ 343(a)(2), 601(e), redesignated former subsec. (b) as (c) and substituted “
section 1780(d)(4)” for “
section 1780(d)(5)”. 1977—Subsec. (b). Pub. L. 95–202 substituted “$7” and “$11” for “$5” and “$6”, respectively, and inserted provision that no reporting fee payable to an educational institution under this subsection be subject to offset by the Administrator against any liability of the institution for any overpayment for which the institution may be administratively determined to be liable under
section 1785 of this title unless that liability is not contested by the institution or has been upheld by a final decree of a court of appropriate jurisdiction. 1976—Subsec. (a). Pub. L. 94–502, §§ 507, 513(a)(17), substituted “prescribed by the Administrator” for “prescribed by him”, and specified the date of interruption or termination as the last date of pursuit, or in the case of a correspondence school, the last date a lesson was serviced. Subsec. (b). Pub. L. 94–502, §§ 508, 513(a)(17), substituted “$5” for “$3”, “$6” for “$4”, and “submit to the Administrator” for “submit to him”. 1974—Subsec. (b). Pub. L. 93–508 extended the payment of reporting fee to educational institutions under this chapter and to joint apprenticeship training committees acting as training establishments, and in provisions relating to computation of such fee, substituted reference to this chapter for reference to chapter 36 of this title. 1972—Subsec. (a). Pub. L. 92–540, § 315(1), inserted reference to chapter 36 of this title. Subsec. (b). Pub. L. 92–540, § 315(1), (2), (3), inserted reference to chapter 36 of this title, and substituted provisions relating to the computation of the reporting fee based on the number of eligible veterans or eligible persons enrolled under chapter 34, 35, or 36 of this title, or based on eligible veterans and eligible persons whose educational assistance checks are directed in care of such institution for temporary custody and delivery and are delivered at the time of registration as provided under
section 1780(d)(5) of this title, for provisions relating to the computation of such fee based on eligible veterans enrolled under chapter 34 of this title, plus the number of eligible persons enrolled under chapter 35 of this title. 1967—Pub. L. 90–77 provided for the reporting fee in section catchline, designated existing provisions as subsec. (a), and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date
of 2017 Amendment Pub. L. 115–48, title III, § 304(b), Aug. 16, 2017, 131 Stat. 992, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on August 1, 2018.”
Effective Date
of 2016 Amendment Pub. L. 114–315, title IV, § 407(b), Dec. 16, 2016, 130 Stat. 1558, provided that: “The
Amendments
made by subsection (a) [amending this section] shall apply with respect to reports submitted on or after the date of the enactment of this Act [Dec. 16, 2016].”
Effective Date
of 2011 Amendment Pub. L. 111–377, title II, § 204(c), Jan. 4, 2011, 124 Stat. 4126, provided that: “The
Amendments
made by this section [amending this section] shall take effect on October 1, 2011.”
Effective Date
of 1998 Amendment Pub. L. 105–368, title II, § 201(c), Nov. 11, 1998, 112 Stat. 3326, provided that: “The
Amendments
made by this section [amending this section] shall apply with respect to calendar years beginning after December 31, 1998.”
Effective Date
of 1989 Amendment Pub. L. 101–237, title IV, § 416(b), Dec. 18, 1989, 103 Stat. 2086, provided that: “The
Amendments
made by this section [amending this section] shall take effect on January 1, 1990.”
Effective Date
of 1980 AmendmentAmendment by
section 343(a), (b)(1) of Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see
section 802(c) of Pub. L. 96–466, set out as a note under
section 3452 of this title. Amendment by
section 601(e) of Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, 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 AmendmentAmendment by
section 304(a)(1)(A) of Pub. L. 95–202 effective retroactively to Oct. 1, 1977, and amendment by
section 304(a)(1)(B) of Pub. L. 95–202 effective Nov. 23, 1977, see
section 501 of Pub. L. 95–202, set out as a note under
section 101 of this title.
Effective Date
of 1976 AmendmentAmendment by
section 507, 508, and 513(a)(17) of Pub. L. 94–502 effective Dec. 1, 1976, Oct. 1, 1976, and Oct. 15, 1976, respectively, see
section 703 of Pub. L. 94–502, set out as an
Effective Date
note under
section 3693 of this title.
Effective Date
of 1974 AmendmentAmendment by Pub. L. 93–508 effective Dec. 3, 1974, see
section 503 of Pub. L. 93–508, set out as a note under
section 3452 of this title.
Effective Date
of 1967 AmendmentAmendment by Pub. L. 90–77 effective first day of first month which begins more than ten days after Aug. 31, 1967, see
section 405 of Pub. L. 90–77, set out as a note under
section 101 of this title. Training for School Certifying Officials Pub. L. 115–48, title III, § 305, Aug. 16, 2017, 131 Stat. 992, provided that: “(a) Training Requirement.—The Secretary of Veterans Affairs shall, in consultation with the State approving agencies, set forth requirements relating to training for school certifying officials employed by covered educational institutions offering courses of education approved under chapter 36 of title 38, United States Code. If a covered educational institution does not ensure that a school certifying official employed by the educational institution meets such requirements, the Secretary may disapprove any course of education offered by such educational institution. “(b) Definitions.—In this section:“(1) The term ‘covered educational institution’ means an educational institution that has enrolled 20 or more individuals using educational assistance under title 38, United States Code. “(2) The term ‘school certifying official’ means an employee of an educational institution with primary responsibility for certifying veteran enrollment at the educational institution. “(3) The term ‘State approving agency’ means a department or agency of a State designated under
section 3671 of title 38, United States Code. “(c)
Effective Date
.—This section shall take effect on
August 1, 2018.” Modifications of Reporting Fee Multipliers During Certain Periods Pub. L. 115–62, title IV, § 411(b), Sept. 29, 2017, 131 Stat. 1165, provided that: “During the period beginning on
August 1, 2018, and ending on
July 31, 2020,
section 3684(c)(2) of title 38, United States Code, as amended by
section 304 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48) shall be applied by substituting ‘$15’ for ‘$16’.” Pub. L. 114–315, title IV, § 412(a), (b), Dec. 16, 2016, 130 Stat. 1562, as amended by Pub. L. 115–62, title IV, § 411(a), Sept. 29, 2017, 131 Stat. 1165, provided that: “(a) Through
July 31, 2018.—During the period beginning on the date of the enactment of this Act [Dec. 16, 2016] and ending on
July 31, 2018, the second sentence of
section 3684(c) of title 38, United States Code, shall be applied—“(1) by substituting ‘$6’ for ‘$12’; and “(2) by substituting ‘$12’ for ‘$15’.” [(b) Repealed. Pub. L. 115–62, title IV, § 411(a)(1)(B), Sept. 29, 2017, 131 Stat. 1165.] Pub. L. 113–175, title IV, § 406, Sept. 26, 2014, 128 Stat. 1905, as amended by Pub. L. 114–58, title IV, § 410, Sept. 30, 2015, 129 Stat. 535; Pub. L. 114–228, title IV, § 413, Sept. 29, 2016, 130 Stat. 941; Pub. L. 114–315, title IV, § 412(c), Dec. 16, 2016, 130 Stat. 1562, provided that: “During the period beginning on the date of the enactment of this Act [Sept. 26, 2014] and ending on the day before the date of the enactment of the Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016 [Dec. 16, 2016], the second sentence of
section 3684(c) shall be applied— “(1) by substituting ‘$9’ for ‘$12’; and “(2) by substituting ‘$13’ for ‘$15’.”