38 USC § 3521 - Approval of application

---
identifier: "/us/usc/t38/s3521"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 3521 - Approval of application"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "3521"
section_name: "Approval of application"
chapter_number: 35
chapter_name: "SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE"
subchapter_number: "III"
subchapter_name: "PROGRAM OF EDUCATION"
part_number: "III"
part_name: "READJUSTMENT AND RELATED BENEFITS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1196, § 1721; Pub. L. 94–502, title III, § 310(11), Oct. 15, 1976, 90 Stat. 2391; Pub. L. 96–466, title III, § 324, Oct. 17, 1980, 94 Stat. 2196; Pub. L. 99–576, title III, § 314(b)(1), (2), Oct. 28, 1986, 100 Stat. 3273; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3521, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)"
---


# § 3521. Approval of application

The Secretary shall approve an application if the Secretary finds that—

**(1)** the proposed program of education constitutes a “program of education” as that term is defined in this chapter;

**(2)** the eligible person is not already qualified, by reason of previous education or training, for the educational, professional, or vocational objective for which the program of education is offered;

**(3)** the eligible person’s proposed educational institution or training establishment is in compliance with all the requirements of this chapter and chapter 36 of this title; and

**(4)** it does not appear that the enrollment in or pursuit of such person’s program of education would violate any provisions of this chapter or chapter 36 of this title.

---

**Source Credit**: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1196, § 1721; Pub. L. 94–502, title III, § 310(11), Oct. 15, 1976, 90 Stat. 2391; Pub. L. 96–466, title III, § 324, Oct. 17, 1980, 94 Stat. 2196; Pub. L. 99–576, title III, § 314(b)(1), (2), Oct. 28, 1986, 100 Stat. 3273; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3521, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

## Editorial Notes

### Amendments

1991— renumbered  as this section.

1989— substituted “Secretary” for “Administrator” wherever appearing.

1986— substituted “Approval of application” for “Final approval of application” in section catchline, struck out “finally” before “approve an application” in introductory provisions, struck out former cl. (1) which read “ has been complied with;”, and redesignated cls. (2) to (5) as cls. (1) to (4), respectively.

1980—, among other changes, inserted provision conditioning approval of an application upon the educational institution’s or training establishment’s compliance with all the requirements of this chapter and chapter 36 of this title and substituted reference to the enrollment in or pursuit of such person’s program of education violating any provisions of this chapter or chapter 36 of this title for reference to the pursuit of such program violating any provision of this chapter.

1976— substituted “if the Administrator finds” for “if he finds”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1980 Amendment

Amendment by  effective , except as otherwise specifically provided, see , set out as a note under .

### Effective Date of 1976 Amendment

Amendment by  effective , see , set out as an Effective Date note under .