US Code

Public Law 119-83 (04/13/2026)

38 U.S.C. § 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)
section 3672 of this title Except as otherwise provided in this chapter, in the case of courses subject to approval by the Secretary under , the provisions of this chapter which refer to a State approving agency shall be deemed to refer to the Secretary.
(c)
The Secretary may not recognize a State department or agency as the State approving agency for a State for purposes of this chapter if such department or agency is administered at, or colocated with, a university or university system that offers courses or programs of education that are subject to approval under this chapter by the State approving agency for that State.

Pub. L. 88–126, § 177 Stat. 158 Pub. L. 89–358, § 3(a)(6)80 Stat. 20 Pub. L. 92–540, title IV, § 403(2)86 Stat. 1090 Pub. L. 94–502, title V, § 513(a)(1)90 Stat. 2402 Pub. L. 100–323, § 13(b)(4)102 Stat. 573 Pub. L. 101–237, title IV, § 423(b)(1)(A)103 Stat. 2092 Pub. L. 102–83, § 5(a)105 Stat. 406 Pub. L. 111–377, title II, § 203(a)(2)(B)124 Stat. 4125 Pub. L. 116–315, title I, § 1024(a)134 Stat. 4960 Pub. L. 117–16, § 4135 Stat. 283 (Added , , , § 1771; amended , , ; , , ; , , ; , , ; , , ; renumbered § 3671 and amended , (c)(1), , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 116–315Pub. L. 117–162021—Subsec. (c). , as amended by , added subsec. (c).

Pub. L. 111–3772011—Subsec. (b)(2). substituted “Except as otherwise provided in this chapter, in the case” for “In the case”.

Pub. L. 102–83, § 5(a)section 1771 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (b). , substituted “3674(a)” for “1774(a)” in par. (1) and “3672” for “1772” in par. (2).

Pub. L. 101–2371989—Subsec. (b). substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 100–3231988—Subsec. (b)(1). inserted “or fails to enter into an agreement under section 1774(a),” after “State approving agency,”.

Pub. L. 94–5021976—Subsec. (a). substituted “such” for “his”.

Pub. L. 92–5401972—Subsec. (a). inserted “this chapter and” after “purposes of”.

Pub. L. 89–358section 1641 of this title1966—Subsec. (a). 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 ”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–315, title I, § 1024(b)134 Stat. 4960 Pub. L. 117–16, § 4135 Stat. 283

“The amendment made by subsection (a) [amending this section] shall take effect on the date that is one year after the date of the enactment of this Act [].”
, , , as amended by , , , provided that:

Effective Date of 2011 Amendment

Pub. L. 111–377section 203(e) of Pub. L. 111–377section 3034 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–502section 703(b) of Pub. L. 94–502section 3693 of this titleAmendment by effective , see , set out as an Effective Date note under .