1. (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.

2. (b)

   1. (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. (2) Except as otherwise provided in this chapter, in the case of courses subject to approval by the Secretary under section 3672 of this title, the provisions of this chapter which refer to a State approving agency shall be deemed to refer to the Secretary.
3. (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.

(Added Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 158, § 1771; amended Pub. L. 89–358, § 3(a)(6), Mar. 3, 1966, 80 Stat. 20; Pub. L. 92–540, title IV, § 403(2), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 94–502, title V, § 513(a)(1), Oct. 15, 1976, 90 Stat. 2402; Pub. L. 100–323, § 13(b)(4), May 20, 1988, 102 Stat. 573; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3671 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 111–377, title II, § 203(a)(2)(B), Jan. 4, 2011, 124 Stat. 4125; Pub. L. 116–315, title I, § 1024(a), Jan. 5, 2021, 134 Stat. 4960; Pub. L. 117–16, § 4, June 8, 2021, 135 Stat. 283.)

Editorial Notes

Amendments

2021—Subsec. (c). Pub. L. 116–315, as amended by Pub. L. 117–16, added subsec. (c).

2011—Subsec. (b)(2). Pub. L. 111–377 substituted “Except as otherwise provided in this chapter, in the case” for “In the case”.

1991—Pub. L. 102–83, § 5(a), renumbered section 1771 of this title as this section.

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

1989—Subsec. (b). Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

1988—Subsec. (b)(1). Pub. L. 100–323 inserted “or fails to enter into an agreement under section 1774(a),” after “State approving agency,”.

1976—Subsec. (a). Pub. L. 94–502 substituted “such” for “his”.

1972—Subsec. (a). Pub. L. 92–540 inserted “this chapter and” after “purposes of”.

1966—Subsec. (a). Pub. L. 89–358 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 section 1641 of this title”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–315, title I, § 1024(b), Jan. 5, 2021, 134 Stat. 4960, as amended by Pub. L. 117–16, § 4, June 8, 2021, 135 Stat. 283, provided that:

“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 [

Jan. 5, 2021].”

Effective Date of 2011 Amendment

Amendment by Pub. L. 111–377 effective Aug. 1, 2011, see section 203(e) of Pub. L. 111–377, set out as a note under section 3034 of this title.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.