38 U.S. Code § 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) 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.

Source

(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.)
Amendments

2011—Subsec. (b)(2). Pub. L. 111–377substituted “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. 101–237substituted “Secretary” for “Administrator” wherever appearing.
1988—Subsec. (b)(1). Pub. L. 100–323inserted “or fails to enter into an agreement under section 1774 (a),” after “State approving agency,”.
1976—Subsec. (a). Pub. L. 94–502substituted “such” for “his”.
1972—Subsec. (a). Pub. L. 92–540inserted “this chapter and” after “purposes of”.
1966—Subsec. (a). Pub. L. 89–358substituted “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”.
Effective Date of 2011 Amendment

Amendment by Pub. L. 111–377effective Aug. 1, 2011, see section 203(e) ofPub. L. 111–377, set out as a note under section 3034 of this title.
Effective Date of 1976 Amendment

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

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