Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
2026-07-06 10:51:44 -04:00
parent 511d65f9a0
commit 76b8ec33a7
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title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "36"
chapter_name: "ADMINISTRATION OF EDUCATIONAL BENEFITS"
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---
# 38 U.S.C. § 3601 - Definition of emergency situation
## Text
In this chapter, the term “emergency situation” means a situation that—
(1) the President declares is an emergency; and
(2) the Secretary determines is an emergency for purposes of the laws administered by the Secretary.
(Added Pub. L. 117333, § 2(a)(2), Jan. 5, 2023, 136 Stat. 6122.)
@@ -0,0 +1,53 @@
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type: "LegalText"
title: "38 U.S.C. § 3602"
description: "Continuation of educational assistance benefits during emergency situations"
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title_number: 38
title_name: "VETERANS BENEFITS"
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citation: "38 U.S.C. § 3602"
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# 38 U.S.C. § 3602 - Continuation of educational assistance benefits during emergency situations
## Text
(a) Authority.— (1) If the Secretary determines under subsection (c) that an individual is negatively affected by an emergency situation, the Secretary may provide educational assistance to that individual under the laws administered by the Secretary as if such negative effects did not occur.
(2) The authority under this section is in addition to the other authorities of the Secretary to provide benefits in emergency situations, but in no case may the Secretary provide more than a total of four weeks of additional educational assistance by reason of any other such authority and this section.
(b) Housing and Allowances.— In providing educational assistance to an individual pursuant to subsection (a), the Secretary may—
(1) continue to pay a monthly housing stipend under chapter 33 of this title, during a month the individual would have been enrolled in a program of education or training but for the emergency situation at the same rate such stipend would have been payable if the individual had not been negatively affected by the emergency situation, except that the total number of weeks for which stipends may continue to be so payable may not exceed four weeks; and
(2) continue to pay payments or subsistence allowances under chapters 30, 31, 32, 33, and 35 of this title and chapter 1606 of title 10 during a month for a period of time that the individual would have been enrolled in a program of education or training but for the emergency situation, except that the total number of weeks for which payments or allowances may continue to be so payable may not exceed four weeks.
(c) Determination of Negative Effects.— The Secretary shall determine that an individual was negatively affected by an emergency situation if—
(1) the individual is enrolled in a covered program of education of an educational institution or enrolled in training at a training establishment and is pursuing such program or training using educational assistance under the laws administered by the Secretary;
(2) the educational institution or training establishment certifies to the Secretary that such program or training is truncated, delayed, relocated, canceled, partially canceled, converted from being on-site to being offered by distance learning, or otherwise modified or made unavailable by reason of the emergency situation; and
(3) the Secretary determines that the modification to such program or training specified under paragraph (2) would reduce the amount of educational assistance (including with respect to monthly housing stipends, payments, or subsistence allowances) that would be payable to the individual but for the emergency situation.
(d) Effect on Entitlement Period.— If the Secretary determines that an individual who received assistance under this section did not make progress toward the completion of the program of education in which the individual is enrolled during the period for which the individual received such assistance, any assistance provided pursuant to this section shall not be counted for purposes of determining the total amount of an individuals entitlement to educational assistance, housing stipends, or payments or subsistence allowances under chapters 30, 31, 32, and 35 of this title and chapter 1606 of title 10.
(Added Pub. L. 117333, § 2(a)(2), Jan. 5, 2023, 136 Stat. 6122.)
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# 38 U.S.C. § 3603 - Continuation of educational assistance benefits for certain programs of education converted to distance learning by reason of emergency situations
## Text
In the case of a program of education approved by a State approving agency, or the Secretary when acting in the role of a State approving agency, that is converted from being offered on-site at an educational institution or training establishment to being offered by distance learning by reason of an emergency or health-related situation, as determined by the Secretary, the Secretary may continue to provide educational assistance under the laws administered by the Secretary without regard to such conversion, including with respect to paying any—
(1) monthly housing stipends under chapter 33 of this title; or
(2) payments or subsistence allowances under chapters 30, 31, 32, and 35 of this title and chapter 1606 of title 10.
(Added Pub. L. 117333, § 2(a)(2), Jan. 5, 2023, 136 Stat. 6123.)
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# 38 U.S.C. § 3604 - Effects of closure of educational institution and modification of courses by reason of emergency situation
## Text
(a) Closure or Disapproval.— Any payment of educational assistance described in subsection (b) shall not—
(1) be charged against any entitlement to educational assistance of the individual concerned; or
(2) be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual.
(b) Educational Assistance Described.— Subject to subsection (d), the payment of educational assistance described in this subsection is the payment of such assistance to an individual for pursuit of a course or program of education at an educational institution under chapter 30, 31, 32, 33, or 35 of this title or chapter 1606 of title 10, if the Secretary determines that the individual—
(1) was unable to complete such course or program as a result of—
(A) the closure of the educational institution, or the full or partial cancellation of a course or program of education, by reason of an emergency situation; or
(B) the disapproval of the course or a course that is a necessary part of that program under this chapter because the course was modified by reason of such emergency; and
(2) did not receive credit or lost training time, toward completion of the program of education being so pursued.
(c) Housing Assistance.— In this section, educational assistance includes, as applicable—
(1) monthly housing stipends payable under chapter 33 of this title for any month the individual would have been enrolled in a course or program of education; and
(2) payments or subsistence allowances under chapters 30, 31, 32, and 35 of this title and chapter 1606 of title 10 during a month the individual would have been enrolled in a course or program of education.
(d) Period Not Charged.— The period for which, by reason of this section, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the aggregate of—
(1) the portion of the period of enrollment in the course from which the individual did not receive credit or with respect to which the individual lost training time, as determined under subsection (b)(2); and
(2) the period by which a monthly stipend is extended under section 3680(a)(2)(B) of this title.
(e) Continuing Pursuit of Disapproved Courses.— (1) The Secretary may treat a course of education that is disapproved under this chapter as being approved under this chapter with respect to an individual described in paragraph (2) if the Secretary determines, on a programmatic basis, that—
(A) such disapproval is the result of an action described in subsection (b)(1)(B); and
(B) continuing pursuing such course is in the best interest of the individual.
(2) An individual described in this paragraph is an individual who is pursuing a course of education at an educational institution under chapter 30, 31, 32, 33, or 35 of this title or chapter 1606 of title 10, as of the date on which the course is disapproved as described in subsection (b)(1)(B).
(f) Status as Full-time Student for Purposes of Housing Stipend Calculation.— In the case of an individual who, as of the first day of an emergency situation was enrolled on a full-time basis in a program of education and was receiving educational assistance under chapter 33 of this title or subsistence allowance under chapter 31 of this title, and for whom the Secretary makes a determination under subsection (b), the individual shall be treated as an individual enrolled in a program of education on a full-time basis for the purpose of calculating monthly housing stipends payable under chapter 33 of this title, or subsistence allowance payable under chapter 31 of this title, for any month the individual is enrolled in the program of education on a part-time basis to complete any course of education that was partially or fully canceled by reason of the emergency situation.
(g) Notice of Closures.— Not later than five business days after the date on which the Secretary receives notice that an educational institution will close or is closed by reason of an emergency situation, the Secretary shall provide to each individual who is enrolled in a course or program of education at such educational institution using entitlement to educational assistance under chapter 30, 31, 32, 33, or 35 of this title, or chapter 1606 of title 10 notice of—
(1) such closure and the date of such closure; and
(2) the effect of such closure on the individuals entitlement to educational assistance pursuant to this section.
(Added Pub. L. 117333, § 2(a)(2), Jan. 5, 2023, 136 Stat. 6123.)
@@ -0,0 +1,51 @@
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title_number: 38
title_name: "VETERANS BENEFITS"
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---
# 38 U.S.C. § 3605 - Payment of educational assistance in cases of withdrawal
## Text
(a) In General.— In the case of any individual who withdraws from a program of education or training, other than a program by correspondence, in an educational institution under chapter 31, 34, or 35 of this title for a covered reason during the period of an emergency situation, the Secretary shall find mitigating circumstances for purposes of section 3680(a)(1)(C)(ii) of this title.
(b) Covered Reason.— In this section, the term “covered reason” means any reason related to an emergency situation, including—
(1) illness, quarantine, or social distancing requirements;
(2) issues associated with accessibility;
(3) access or availability of childcare;
(4) providing care for a family member or cohabitants;
(5) change of location or residence due to the emergency situation or associated school closures;
(6) employment changes or financial hardship; and
(7) issues associated with changes in format or medium of instruction.
(Added Pub. L. 117333, § 2(a)(2), Jan. 5, 2023, 136 Stat. 6125.)
@@ -0,0 +1,45 @@
---
type: "LegalText"
title: "38 U.S.C. § 3670"
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title_number: 38
title_name: "VETERANS BENEFITS"
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---
# 38 U.S.C. § 3670 - Scope of approval
## Text
(a) A course approved under and for the purposes of this chapter shall be deemed approved for the purposes of chapters 34 and 35 of this title.
(b) Any course approved under chapter 33 of this title, prior to February 1, 1965, under subchapter VII of chapter 35 of this title, prior to March 3, 1966, and not disapproved under section 3483, section 1656 (as in effect prior to February 1, 1965), or section 3679 of this title, shall be deemed approved for the purposes of this chapter.
(Added Pub. L. 89358, § 3(a)(5), Mar. 3, 1966, 80 Stat. 20, § 1770; amended Pub. L. 92540, title IV, § 403(1), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 97295, § 4(49), Oct. 12, 1982, 96 Stat. 1308; renumbered § 3670 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
References in TextChapter 33 of this title, prior to February 1, 1965, referred to in subsec. (b), means Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1174 to 1192, which was classified to sections 1601, 1610 to 1613, 1620 to 1626, 1631 to 1634, 1641 to 1645, 1651 to 1656, and 1661 to 1669 of this title, and was repealed by section 4(a) of Pub. L. 89358. Subchapter VII of chapter 35 of this title, prior to March 3, 1966, referred to in subsec. (b), means Pub. L. 88126, § 1, Sept. 23, 1963, 77 Stat. 158 to 162, which was classified to sections 1771 to 1778 of this title, and was redesignated as subchapter I of this chapter by section 3(a)(4) of Pub. L. 89358. Section 1656 of this title, as in effect prior to February 1, 1965, referred to in subsec. (b), is Pub. L. 85857, § 1656, Sept. 2, 1958, 72 Stat. 1189, which was repealed by section 4(a) of Pub. L. 89358, and is covered by section 3679 of this title.
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 1770 of this title as this section. Subsec. (b). Pub. L. 10283, § 5(c)(1), substituted “3483” for “1683” and “3679” for “1779”. 1982—Subsec. (b). Pub. L. 97295 substituted “March 3, 1966” and “section 1779” for “the date of enactment of this chapter” and “section 1778”, respectively. 1972—Subsec. (b). Pub. L. 92540 substituted “1683” for “1686”.
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# 38 U.S.C. § 3671 - Designation
## Text
(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.
(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. 88126, § 1, Sept. 23, 1963, 77 Stat. 158, § 1771; amended Pub. L. 89358, § 3(a)(6), Mar. 3, 1966, 80 Stat. 20; Pub. L. 92540, title IV, § 403(2), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 94502, title V, § 513(a)(1), Oct. 15, 1976, 90 Stat. 2402; Pub. L. 100323, § 13(b)(4), May 20, 1988, 102 Stat. 573; Pub. L. 101237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3671 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 111377, title II, § 203(a)(2)(B), Jan. 4, 2011, 124 Stat. 4125; Pub. L. 116315, title I, § 1024(a), Jan. 5, 2021, 134 Stat. 4960; Pub. L. 11716, § 4, June 8, 2021, 135 Stat. 283.)
## Notes
Editorial Notes
Amendments2021—Subsec. (c). Pub. L. 116315, as amended by Pub. L. 11716, added subsec. (c). 2011—Subsec. (b)(2). Pub. L. 111377 substituted “Except as otherwise provided in this chapter, in the case” for “In the case”. 1991—Pub. L. 10283, § 5(a), renumbered section 1771 of this title as this section. Subsec. (b). Pub. L. 10283, § 5(c)(1), substituted “3674(a)” for “1774(a)” in par. (1) and “3672” for “1772” in par. (2). 1989—Subsec. (b). Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing. 1988—Subsec. (b)(1). Pub. L. 100323 inserted “or fails to enter into an agreement under section 1774(a),” after “State approving agency,”. 1976—Subsec. (a). Pub. L. 94502 substituted “such” for “his”. 1972—Subsec. (a). Pub. L. 92540 inserted “this chapter and” after “purposes of”. 1966—Subsec. (a). Pub. L. 89358 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 AmendmentPub. L. 116315, title I, § 1024(b), Jan. 5, 2021, 134 Stat. 4960, as amended by Pub. L. 11716, § 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 AmendmentAmendment by Pub. L. 111377 effective Aug. 1, 2011, see section 203(e) of Pub. L. 111377, set out as a note under section 3034 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94502, set out as an Effective Date note under section 3693 of this title.
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title_number: 38
title_name: "VETERANS BENEFITS"
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# 38 U.S.C. § 3672A - Uniform application
## Text
(a) In General.— (1) The Secretary, in partnership with State approving agencies, educational institutions, and training establishments, shall require the use of a uniform application by any educational institution or training establishment seeking the approval of a new course of education under this chapter.
(2) The Secretary shall maintain one uniform application for institutions of higher learning and one such application for other educational institutions and training establishments.
(3) In the case of any State that uses approval criteria not covered by a uniform application under this section, the State approving agency for that State shall require the use of the uniform application and may require the submittal of additional information.
(b) Requirements.— The uniform application required under subsection (a) shall meet the following requirements:
(1) A requirement that the appropriate executive of the educational institution or training establishment seeking the approval of a course of education attests on behalf of the educational institution or training establishment that the educational institution or training establishment—
(A) is in compliance with all applicable laws and regulations relating to the approval of courses of education under this chapter; and
(B) during the five-year period preceding the date of the application—
(i) has not been subject to, or been party to a contract with any individual or entity that has been subject to, any adverse administrative or judicial action that—
(I) related to the instruction or training, including with respect to the quality of education, provided by the institution or establishment; and
(II) resulted in a fine or penalty in an amount equal to or more than five percent of the amount of funding provided to the institution or establishment under title IV of the Higher Education Act of 1965 for the fiscal year preceding the year in which the application is submitted; or
(ii) has not employed an individual, or been party to a contract with any individual or entity, that has been convicted of a Federal fraud charge related to the instruction or training provided by the institution or establishment.
(2) In the case of any educational institution or training establishment that is not participating in title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), a requirement for the inclusion of—
(A) a copy of—
(i) the articles of incorporation filed on behalf of the institution or establishment or proof of licensing to operate as an educational institution or training establishment in the State where the institution or establishment is located; and
(ii) the financial position of the institution or establishment, as prepared by an appropriate third-party entity; or
(B) other adequate evidence, as determined by the Secretary, that the institution or establishment is authorized to provide post-secondary education or training in the State where the institution or establishment is located.
(3) In the case of any course of education that is offered by an educational institution or training establishment that has never offered a course of education that was approved under this chapter, a requirement for the inclusion of information about the course of education covered by the application, including—
(A) the number of students who have entered and graduated from the course during the preceding two-year period; and
(B) if available, the cohort default rate for funds provided to the institution or establishment under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
(4) In the case of any educational institution or training establishment that is not an institution of higher learning, a requirement for the inclusion of—
(A) a list of individuals who will serve as fully qualified instructors for the course of education, as of the date of the application, and an attestation that such individuals—
(i) have a degree or other training, as appropriate, in the field of the course;
(ii) effectively teach the skills offered under the course; and
(iii) have demonstrated relevant industry experience in the field of the course; and
(B) a list of individuals who will serve as career services employees for students enrolled in the course and an attestation that such individuals are skilled at identifying professions in the relevant industry that are in need of new employees to hire, tailoring the course of education to meet market needs, and identifying the employers likely to hire graduates.
(c) Requirements for State Approving Agencies.— During the approval process with respect to a uniform application submitted by an educational institution or training establishment, a State approving agency, or the Secretary when acting in the role of a State approving agency, shall contact the Secretary of Education to determine whether the course of education subject to such approval process has withdrawn, or been denied or suspended, from receiving for benefits under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
(d) Appropriate Executive.— In this section, the appropriate executive of an educational institution or training establishment is a senior executive official, senior administrator, owner, or operator designated by the institution or establishment.
(Added Pub. L. 117333, § 11(a), Jan. 5, 2023, 136 Stat. 6132.)
## Notes
Editorial Notes
References in TextThe Higher Education Act of 1965, referred to in subsecs. (b)(1)(B)(i)(II), (2), (3)(B) and (c), is Pub. L. 89329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see section 1 of Pub. L. 89329, set out as a Short Title note under section 1001 of Title 20 and Tables.
Codification Pub. L. 117333, § 11(a), Jan. 5, 2023, 136 Stat. 6132, which directed the amendment of subchapter I of this chapter by adding this section after section 3672 of this title, was executed by adding this section after section 3672 in this subchapter, to reflect the probable intent of Congress and the redesignation of former subchapter I of this chapter as subchapter II by section 2(a)(1) of Pub. L. 117333.
Statutory Notes and Related Subsidiaries
ApplicabilityPub. L. 117333, § 11(c), Jan. 5, 2023, 136 Stat. 6134, provided that: “The application required by section 3672A of title 38, United States Code, as added by subsection (a), shall— “(1) be developed by not later than October 1, 2023; and “(2) be required for the approval of any new course of education proposed on or after that day.”
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# 38 U.S.C. § 3673 - Approval activities: cooperation and coordination of activities
## Text
(a) Cooperation in Activities.— The Secretary and each State approving agency shall take cognizance of the fact that definite duties, functions, and responsibilities are conferred upon the Secretary and each State approving agency under the educational programs established under this chapter and chapters 34 and 35 of this title. To assure that such programs are effectively and efficiently administered, the cooperation of the Secretary and the State approving agencies is essential. It is necessary to establish an exchange of information pertaining to activities of educational institutions, and particular attention should be given to the enforcement of approval standards, enforcement of enrollment restrictions, and fraudulent and other criminal activities on the part of persons connected with educational institutions in which eligible persons or veterans are enrolled under this chapter and chapters 34 and 35 of this title.
(b) Coordination of Activities.— The Secretary shall take appropriate actions to ensure the coordination of approval activities performed by State approving agencies under this chapter and chapters 34 and 35 of this title and approval activities performed by the Department of Labor, the Department of Education, and other entities in order to reduce overlap and improve efficiency in the performance of such activities.
(c) Availability of Information Material.— The Secretary will furnish the State approving agencies with copies of such Department of Veterans Affairs informational material as may aid them in carrying out chapters 34 and 35 of this title.
(d) Use of State Approving Agencies for Oversight Activities.— The Secretary shall utilize the services of a State approving agency for conducting a risk-based survey developed under section 3673A of this title and other such oversight purposes as the Secretary, in consultation with the State approving agencies, considers appropriate without regard to whether the Secretary or the agency approved the courses offered in the State concerned.
(e) Notice of Government Action.— (1) (A) If the Secretary receives notice described in paragraph (2), or otherwise becomes aware of an action or event described in paragraph (3), with respect to an educational institution, the Secretary shall transmit such notice or provide notice of such action or event to the State approving agency for the State where the educational institution is located by not later than 30 days after the date on which the Secretary receives such notice or becomes aware of such action or event.
(B) If a State approving agency receives notice as described in paragraph (2), or otherwise becomes aware of an action or event described in paragraph (3), with respect to an educational institution, other than from the Secretary pursuant to subparagraph (A) of this paragraph, the State approving agency shall immediately notify the Secretary.
(C) Not later than 60 days after the date on which a State approving agency receives notice under subparagraph (A), receives notice as described in subparagraph (B), or becomes aware as described in such subparagraph, as the case may be, regarding an educational institution, such State approving agency shall—
(i) complete a risk-based survey of such educational institution; and
(ii) provide the Secretary with—
(I) a complete report on the findings of the State approving agency with respect to the risk-based survey completed under clause (i) and any actions taken as a result of such findings; and
(II) any supporting documentation and pertinent records.
(2) Notice described in this paragraph is any of the following:
(A) Notice from the Secretary of Education of an event under paragraph (3)(A).
(B) Notice of an event under paragraph (3)(B).
(C) Notice from a State of an action taken by that State under paragraph (3)(C).
(D) Notice provided by an accrediting agency or association of an action described in paragraph (3)(D) taken by that agency or association.
(E) Notice that the Secretary of Education has placed the educational institution on provisional certification status.
(3) An action or event under this paragraph is any of the following:
(A) The receipt by an educational institution of payments under the heightened cash monitoring level 2 payment method pursuant to section 487(c)(1)(B) of the Higher Education Act of 1965 (20 U.S.C. 1094).
(B) Punitive action taken by the Attorney General, the Federal Trade Commission, or any other Federal department or agency for misconduct or misleading marketing practices that would violate the standards defined by the Secretary of Veterans Affairs.
(C) Punitive action taken by a State against an educational institution.
(D) The loss, or risk of loss, by an educational institution of an accreditation from an accrediting agency or association, including notice of probation, suspension, an order to show cause relating to the educational institutions academic policies and practices or to its financial stability, or revocation of accreditation.
(E) The placement of an educational institution on provisional certification status by the Secretary of Education.
(4) If a State approving agency disapproves or suspends an educational institution, the State approving agency shall provide notice of such disapproval or suspension to the Secretary and to all other State approving agencies.
(5) This subsection shall be carried out using amounts made available pursuant to section 3674(a)(4) of this title as long as such amounts remain available.
(6) For each notice transmitted or provided to a State approving agency under paragraph (1) with respect to an educational institution, the Secretary shall ensure the careful review of—
(A) to the extent possible, the action that gave rise to such notice; and
(B) any other action against the educational institution by any Federal or State government entity or by the educational institutions accreditor.
(7) In this subsection, the term “risk-based survey” means the risk-based survey developed under section 3673A of this title.
(f) Outreach Activities.— (1) A State approving agency may conduct outreach activities if—
(A) the State approving agency has properly conducted its enforcement and approval of courses and programs of education under this chapter; and
(B) funds are still available to do so.
(2) For purposes of paragraph (1)(A), a State approving agency shall be considered to have properly conducted its enforcement and approval of courses and programs of education under this chapter if the State approving agency has—
(A) met fulfilled 11 So in original. its requirements pursuant to the applicable cooperative agreements between the State approving agency and the Department relating to the oversight and approval of courses and programs of education under this chapter; and
(B) completed a risk-based survey of any course or program of education determined to be of questionable quality or at risk by any Federal or State agency or any accrediting agency.
(3) Outreach activities conducted under paragraph (1) shall be carried out using amounts derived from amounts not specifically appropriated to carry out this subsection.
(Added Pub. L. 88126, § 1, Sept. 23, 1963, 77 Stat. 158, § 1773; amended Pub. L. 89358, § 3(a)(7), (11), Mar. 3, 1966, 80 Stat. 20, 21; Pub. L. 92540, title IV, § 403(6), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 97295, § 4(51), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 101237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3673, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 110389, title III, § 326(a)(1), (2)(A), (3), Oct. 10, 2008, 122 Stat. 4169; Pub. L. 111377, title II, § 203(b), Jan. 4, 2011, 124 Stat. 4125; Pub. L. 11548, title III, § 310, Aug. 16, 2017, 131 Stat. 994; Pub. L. 11562, title V, § 501(a), Sept. 29, 2017, 131 Stat. 1165; Pub. L. 116315, title I, §§ 1013(b)(1), 1014(a), 1023, Jan. 5, 2021, 134 Stat. 4943, 4959.)
## Notes
Editorial Notes
Amendments2021—Subsec. (d). Pub. L. 116315, § 1013(b)(1), substituted “shall” for “may” and “a risk-based survey developed under section 3673A of this title” for “compliance and risk-based surveys”. Subsec. (e). Pub. L. 116315, § 1014(a), added subsec. (e). Subsec. (f). Pub. L. 116315, § 1023, added subsec. (f). 2017—Subsec. (d). Pub. L. 11562 inserted “compliance and” before “risk-based surveys”. Pub. L. 11548, in heading, struck out “Compliance and” before “Oversight” and, in text, substituted “conducting risk-based surveys and other such oversight” for “such compliance and oversight”, and inserted “, in consultation with the State approving agencies,” after “as the Secretary”. 2011—Subsec. (d). Pub. L. 111377 added subsec. (d). 2008—Pub. L. 110389, § 326(a)(2)(A), amended section catchline generally. Prior to amendment, catchline read as follows: “Cooperation”. Subsec. (a). Pub. L. 110389, § 326(a)(3)(A), inserted heading. Subsecs. (b), (c). Pub. L. 110389, § 326(a)(1), (3)(B), added subsec. (b), redesignated former subsec. (b) as (c), and inserted heading in subsec. (c). 1991—Pub. L. 10283 renumbered section 1773 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing in subsecs. (a) and (b) and “Department of Veterans Affairs” for “Veterans Administration” in subsec. (b). 1982—Pub. L. 97295 inserted “of this title” after “34 and 35” wherever appearing. 1972—Subsec. (a). Pub. L. 92540 inserted “this chapter and” before “chapters 34 and 35” wherever appearing. 1966—Subsec. (a). Pub. L. 89358, § 3(a)(7), (11), substituted “chapters 34 and 35” for “this chapter” twice and inserted “or veterans” after “eligible persons”. Subsec. (b). Pub. L. 89358, § 3(a)(7), substituted “chapters 34 and 35” for “this chapter”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPub. L. 116315, title I, § 1013(b)(2), Jan. 5, 2021, 134 Stat. 4943, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect on October 1, 2022.” Pub. L. 116315, title I, § 1014(b), Jan. 5, 2021, 134 Stat. 4945, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on August 1, 2021.”
Effective Date of 2011 AmendmentAmendment by Pub. L. 111377 effective Aug. 1, 2011, see section 203(e) of Pub. L. 111377, set out as a note under section 3034 of this title.
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# 38 U.S.C. § 3673A - Risk-based surveys
## Text
(a) Development Required.— The Secretary, in partnership with State approving agencies, shall develop a risk-based survey for oversight of educational institutions with courses and programs of education approved under this chapter.
(b) Scope.— (1) The scope of the risk-based survey developed under subsection (a) shall be determined by the Secretary, in partnership with the State approving agency.
(2) At a minimum the scope determined under paragraph (1) shall include the following:
(A) Rapid increase in veteran enrollment.
(B) Rapid increase in tuition and fees.
(C) Complaints tracked and published with the mechanism required by section 3698(b)(2) from students pursuing programs of education with educational assistance furnished under laws administered by the Secretary, based on severity or volume of the complaints.
(D) Compliance with section 3680A(d)(1) of this title.
(E) Veteran completion rates.
(F) Indicators of financial stability.
(G) Review of the advertising and recruiting practices of the educational institution, including those by third-party contractors of the educational institution.
(H) Matters for which the Federal Government or a State Government brings an action in a court of competent jurisdiction against an educational institution, including matters in cases in which the Federal Government or the State comes to a settled agreement on such matters outside of the court.
(c) Database.— The Secretary, in partnership with the State approving agencies under this chapter, shall establish a searchable database or use an existing system, as the Secretary considers appropriate, to serve as a central repository for information required for or collected during site visits for the risk-based survey developed under subsection (a), so as to improve future oversight of educational institutions with programs of education approved under this chapter.
(d) Notice.— To the maximum amount feasible, the Secretary, or a State approving agency, as applicable, shall provide not more than two business days of notice to an educational institution before conducting a targeted risk-based survey of the institution under this section.
(Added Pub. L. 116315, title I, § 1013(a)(1), Jan. 5, 2021, 134 Stat. 4942; amended Pub. L. 11716, § 7(a)(3), (b)(1), June 8, 2021, 135 Stat. 285; Pub. L. 117333, § 12(a), Jan. 5, 2023, 136 Stat. 6134; Pub. L. 118210, title II, § 204, Jan. 2, 2025, 138 Stat. 2763.)
## Notes
Editorial Notes
Amendments2025—Subsec. (d). Pub. L. 118210 substituted “two business days” for “one business day”. 2023—Subsec. (d). Pub. L. 117333 added subsec. (d). 2021—Pub. L. 11716, § 7(b)(1), made technical correction to directory language of Pub. L. 116315, § 1013(a)(1), which enacted this section. Subsec. (a). Pub. L. 11716, § 7(a)(3)(A), struck out “searchable” before “risk-based survey”. Subsec. (c). Pub. L. 11716, § 7(a)(3)(B), inserted “searchable” before “database”.
Statutory Notes and Related Subsidiaries
Deadline for Risk-Based Surveys DatabasePub. L. 118210, title II, § 206(d), Jan. 2, 2025, 138 Stat. 2764, provided that: “The Secretary of Veterans Affairs shall establish the database required under section 3673A(c) of title 38, United States Code, by not later than 180 days after the date of the enactment of this Act [Jan. 2, 2025].”
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# 38 U.S.C. § 3674A - Evaluations of agency performance; qualifications and performance of agency personnel
## Text
(a) The Secretary shall—
(1) (A) conduct, in conjunction with State approving agencies, an annual evaluation of each State approving agency on the basis of standards developed by the Secretary in conjunction with the State approving agencies, and (B) provide each such agency an opportunity to comment on the evaluation;
(2) take into account the results of annual evaluations carried out under paragraph (1) when negotiating the terms and conditions of a contract or agreement under section 3674 of this title;
(3) cooperate with State approving agencies in developing and implementing a uniform national curriculum, to the extent practicable, for training new employees and for continuing the training of employees of such agencies, and sponsor, with the agencies, such training and continuation of training; and
(4) prescribe prototype qualification and performance standards, developed in conjunction with State approving agencies, for use by such agencies in the development of qualification and performance standards for State approving agency personnel carrying out approval responsibilities under a contract or agreement entered into under section 3674(a).
(b) (1) Each State approving agency carrying out a contract or agreement with the Secretary under section 3674(a) of this title shall—
(A) apply qualification and performance standards based on the standards developed under subsection (a)(4); and
(B) make available to any person, upon request, the criteria used to carry out its functions under a contract or agreement entered into under section 3674(a) of this title.
(2) In developing and applying standards described in subsection (a)(4), the State approving agency may take into consideration the States merit system requirements and other local requirements and conditions.
(3) The Secretary shall provide assistance in developing such standards to a State approving agency that requests it.
(Added Pub. L. 100323, § 13(b)(1)(A), May 20, 1988, 102 Stat. 572, § 1774A; amended Pub. L. 101237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3674A and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103446, title VI, § 606(c), Nov. 2, 1994, 108 Stat. 4672; Pub. L. 105368, title X, § 1005(b)(8), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 10714, § 8(a)(8), June 5, 2001, 115 Stat. 35.)
## Notes
Editorial Notes
Amendments2001—Subsec. (a)(2). Pub. L. 10714 substituted “paragraph (1)” for “clause (1)”. 1998—Subsec. (b)(1). Pub. L. 105368 struck out “after the 18-month period beginning on the date of the enactment of this section” after “section 3674(a) of this title” in introductory provisions. 1994—Subsec. (a)(3) to (5). Pub. L. 103446, § 606(c)(1), redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows: “supervise functionally the provision of course-approval services by State approving agencies under this subchapter;”. Subsec. (b). Pub. L. 103446, § 606(c)(2)(A), substituted “subsection (a)(4)” for “subsection (a)(5) of this section” in pars. (1)(A) and (2). Subsec. (b)(1). Pub. L. 103446, § 606(c)(2)(B), inserted “of this title” after “section 3674(a)” in introductory provisions and subpar. (B). 1991—Pub. L. 10283, § 5(a), renumbered section 1774A of this title as this section. Subsec. (a)(2), (5). Pub. L. 10283, § 5(c)(1), substituted “3674” for “1774” in par. (2) and “3674(a)” for “1774(a)” in par. (5). Subsec. (b)(1). Pub. L. 10283, § 5(c)(1), substituted “3674(a)” for “1774(a)” in introductory provisions and in subpar. (B). 1989—Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing.
Statutory Notes and Related Subsidiaries
ImplementationPub. L. 100323, § 13(b)(2), May 20, 1988, 102 Stat. 573, directed Administrator, for purposes of implementing amendments by section 13(b)(1) of Pub. L. 100323, and within 120 days after May 20, 1988, to publish prototype standards developed under subsec. (a)(5) of this section, directed each State approving agency, within 1 year after Administrator published the standards, to submit to Administrator a copy of the standards to be implemented by such agency under subsec. (b)(1)(A) of this section, and provided that Administrator could comment on consistency of the States standards and prototype standards.
Applicability of Qualification Standards to Persons Employed on May 20, 1988Pub. L. 100323, § 13(b)(3), May 20, 1988, 102 Stat. 573, provided that: “None of the qualification standards implemented pursuant to the amendments made by paragraph (1) [enacting this section] shall apply to any person employed by a State approving agency on the date of the enactment of this Act [May 20, 1988] as long as such person remains in the position in which the person is employed on such date.”
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# 38 U.S.C. § 3676 - Approval of nonaccredited courses
## Text
(a) No course of education which has not been approved by a State approving agency pursuant to section 3675 of this title, which is offered by a public or private, profit or nonprofit, educational institution shall be approved for the purposes of this chapter unless the educational institution offering such course submits to the appropriate State approving agency a written application for approval of such course in accordance with the provisions of this chapter.
(b) Such application shall be accompanied by not less than two copies of the current catalog or bulletin which is certified as true and correct in content and policy by an authorized owner or official and includes the following:
(1) Identifying data, such as volume number and date of publication;
(2) Names of the institution and its governing body, officials and faculty;
(3) A calendar of the institution showing legal holidays, beginning and ending date of each quarter, term, or semester, and other important dates;
(4) Institution policy and regulations on enrollment with respect to enrollment dates and specific entrance requirements for each course;
(5) Institution policy and regulations relative to leave, absences, class cuts, makeup work, tardiness and interruptions for unsatisfactory attendance;
(6) Institution policy and regulations relative to standards of progress required of the student by the institution (this policy will define the grading system of the institution, the minimum grades considered satisfactory, conditions for interruption for unsatisfactory grades or progress and a description of the probationary period, if any, allowed by the institution, and conditions of reentrance for those students dismissed for unsatisfactory progress. A statement will be made regarding progress records kept by the institution and furnished the student);
(7) Institution policy and regulations relating to student conduct and conditions for dismissal for unsatisfactory conduct;
(8) Detailed schedules of fees, charges for tuition, books, supplies, tools, student activities, laboratory fees, service charges, rentals, deposits, and all other charges;
(9) Policy and regulations of the institution relative to the refund of the unused portion of tuition, fees, and other charges in the event the student does not enter the course or withdraws or is discontinued therefrom;
(10) A description of the available space, facilities, and equipment;
(11) A course outline for each course for which approval is requested, showing subjects or units in the course, type of work or skill to be learned, and approximate time and clock hours to be spent on each subject or unit; and
(12) Policy and regulations of the institution relative to granting credit for previous educational training.
(c) The appropriate State approving agency may approve the application of such institution when the institution and its non-accredited courses are found upon investigation to have met the following criteria:
(1) The courses, curriculum, and instruction are consistent in quality, content, and length with similar courses in public schools and other private schools in the State, with recognized accepted standards.
(2) There is in the institution adequate space, equipment, instructional material, and instructor personnel to provide training of good quality.
(3) Educational and experience qualifications of directors, administrators, and instructors are adequate.
(4) The institution maintains a written record of the previous education and training of the eligible person and clearly indicates that appropriate credit has been given by the institution for previous education and training, with the training period shortened proportionately and the eligible person so notified.
(5) A copy of the course outline, schedule of tuition, fees, and other charges, regulations pertaining to absence, grading policy, and rules of operation and conduct will be furnished the eligible person upon enrollment.
(6) Upon completion of training, the eligible person is given a certificate by the institution indicating the approved course and indicating that training was satisfactorily completed.
(7) Adequate records as prescribed by the State approving agency are kept to show attendance and progress or grades, and satisfactory standards relating to attendance, progress, and conduct are enforced.
(8) The institution complies with all local, city, county, municipal, State, and Federal regulations, such as fire codes, building and sanitation codes. The State approving agency may require such evidence of compliance as is deemed necessary.
(9) The institution is financially sound and capable of fulfilling its commitments for training.
(10) The institution, and any entity that owns the institution, does not engage in substantial misrepresentation described in section 3696(e) 11 See References in Text note below. of this title. The institution shall not be deemed to have met this requirement until the State approving agency—
(A) has ascertained that no Federal department or agency has taken a punitive action, not including a settlement agreement, against the school for misleading or deceptive practices;
(B) has, if such an order has been issued, given due weight to that fact; and
(C) has reviewed the complete record of advertising, sales, or enrollment materials (and copies thereof) used by or on behalf of the institution during the preceding 12-month period.
(11) The institution does not exceed its enrollment limitations as established by the State approving agency.
(12) The institutions administrators, directors, owners, and instructors are of good reputation and character.
(13) The institution has and maintains a policy for the refund of the unused portion of tuition, fees, and other charges in the event the eligible person fails to enter the course or withdraws or is discontinued therefrom at any time before completion and—
(A) in the case of an institution (other than (i) a Federal, State, or local Government institution or (ii) an institution described in subparagraph (B)), such policy provides that the amount charged to the eligible person for tuition, fees, and other charges for a portion of the course shall not exceed the approximate pro rata portion of the total charges for tuition, fees, and other charges that the length of the completed portion of the course bears to its total length; or
(B) in the case of an institution that is a nonaccredited public educational institution, the institution has and maintains a refund policy regarding the unused portion of tuition, fees, and other charges that is substantially the same as the refund policy followed by accredited public educational institutions located within the same State as such institution.
(14) The institution agrees to, not later than 30 days after any date on which such institution becomes subject to an action or event described in section 3673(e)(3) of this title, submit to the State approving agency, or the Secretary when acting in the role of a State approving agency, a notification of such action or event in such form and containing such information as the Secretary determines appropriate.
(15) In the case of a course designed to prepare an individual for licensure or certification in a State, the course—
(A) meets all instructional curriculum licensure or certification requirements of such State; and
(B) in the case of a course designed to prepare an individual for licensure to practice law in a State, is accredited by a specialized accrediting agency for programs of legal education or association recognized by the Secretary of Education under subpart 2 of part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099b), from which recipients of law degrees from such accredited programs are eligible to sit for a bar examination in any State.
(16) In the case of a course designed to prepare an individual for employment pursuant to standards developed by a board or agency of a State in an occupation that requires approval, licensure, or certification, the course—
(A) meets such standards; and
(B) in the case of a course designed to prepare an individual for licensure to practice law in a State, is accredited by a specialized accrediting agency for programs of legal education or association recognized by the Secretary of Education under subpart 2 of part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099b), from which recipients of law degrees from such accredited programs are eligible to sit for a bar examination in any State.
(17) In the case of a course that leads to a standard college degree, the educational institution satisfies the requirements of section 3675(b)(6) of this title.
(18) Such additional criteria as may be deemed necessary by the State approving agency if the Secretary, in consultation with the State approving agency and pursuant to regulations prescribed to carry out this paragraph, determines such criteria are necessary and treat public, private, and proprietary for-profit educational institutions equitably.
(d) The Secretary may waive, in whole or in part, the requirements of subsection (c)(13) of this section in the case of an educational institution which—
(1) is a college, university, or similar institution offering postsecondary level academic instruction that leads to an associate or higher degree,
(2) is operated by an agency of a State or of a unit of local government,
(3) is located within such State or, in the case of an institution operated by an agency of a unit of local government, within the boundaries of the area over which such unit has taxing jurisdiction, and
(4) is a candidate for accreditation by a regional accrediting association,
if the Secretary determines, pursuant to regulations which the Secretary shall prescribe, that such requirements would work an undue administrative hardship because the total amount of tuition, fees, and other charges at such institution is nominal.
(e) Notwithstanding any other provision of this title, a course of education shall not be approved under this section if it is to be pursued in whole or in part by independent study.
(f) (1) The Secretary may waive the requirements of paragraph (14) or (15) of subsection (c) in the case of a course of education offered by an educational institution (either accredited or not accredited) if the Secretary determines all of the following:
(A) The educational institution is not accredited by an agency or association recognized by the Secretary of Education.
(B) The course did not meet the requirements of such paragraph at any time during the 2-year period preceding the date of the waiver.
(C) The waiver furthers the purposes of the educational assistance programs administered by the Secretary or would further the education interests of individuals eligible for assistance under such programs.
(D) The educational institution does not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance.
(2) Not later than 30 days after the date on which the Secretary issues a waiver under paragraph (1), the Secretary shall submit to Congress notice of such waiver and a justification for issuing such waiver.
(Added Pub. L. 88126, § 1, Sept. 23, 1963, 77 Stat. 159, § 1776; amended Pub. L. 89358, § 3(a)(9), Mar. 3, 1966, 80 Stat. 21; Pub. L. 9766, title VI, § 606, Oct. 17, 1981, 95 Stat. 1037; Pub. L. 101237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3676 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102568, title III, § 313(a)(1), Oct. 29, 1992, 106 Stat. 4331; Pub. L. 109461, title III, § 303, Dec. 22, 2006, 120 Stat. 3428; Pub. L. 110389, title III, § 322, Oct. 10, 2008, 122 Stat. 4168; Pub. L. 114315, title IV, §§ 409(a), (b), 410(a), Dec. 16, 2016, 130 Stat. 1559, 1561; Pub. L. 116315, title I, §§ 1016(a), 1020(b), Jan. 5, 2021, 134 Stat. 4945, 4958; Pub. L. 118210, title II, §§ 206(b)(1), 207(b)(2), Jan. 2, 2025, 138 Stat. 2764.)
## Notes
Editorial Notes
References in TextSection 3696(e) of this title, referred to in subsec. (c)(10), probably should be a reference to section 3696(b) of this title, because section 3696(b), and not section 3696(e), describes substantial misrepresentation. The Higher Education Act of 1965, referred to in subsec. (c)(15)(B), (16)(B), is Pub. L. 89329, Nov. 8, 1965, 79 Stat. 1219. Subpart 2 of part H of title IV of the Act is classified generally to subpart 2 (§ 1099b) of part H of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.
Amendments2025—Subsec. (c)(14) to (16). Pub. L. 118210, § 206(b)(1), added par. (14) and redesignated former pars. (14) and (15) as (15) and (16), respectively. Former par. (16) redesignated (17). Subsec. (c)(17). Pub. L. 118210, § 207(b)(2)(B), added par. (17). Former par. (17) redesignated (18). Pub. L. 118210, § 206(b)(1)(B), redesignated par. (16) as (17). Subsec. (c)(18). Pub. L. 118210, § 207(b)(2)(A), redesignated par. (17) as (18). 2021—Subsec. (c)(10). Pub. L. 116315, § 1020(b), amended par. (10) generally. Prior to amendment, par. (10) read as follows: “The institution does not utilize advertising of any type which is erroneous or misleading, either by actual statement, omission, or intimation. The institution shall not be deemed to have met this requirement until the State approving agency (A) has ascertained from the Federal Trade Commission whether the Commission has issued an order to the institution to cease and desist from any act or practice, and (B) has, if such an order has been issued, given due weight to that fact.” Subsec. (c)(14)(B), (15)(B). Pub. L. 116315, § 1016(a), substituted “a specialized accrediting agency for programs of legal education” for “an accrediting agency” and inserted “, from which recipients of law degrees from such accredited programs are eligible to sit for a bar examination in any State” before period at end. 2016—Subsec. (c)(14), (15). Pub. L. 114315, § 409(a)(2), added pars. (14) and (15). Former par. (14) redesignated (16). Subsec. (c)(16). Pub. L. 114315, § 410(a), inserted before period at end “if the Secretary, in consultation with the State approving agency and pursuant to regulations prescribed to carry out this paragraph, determines such criteria are necessary and treat public, private, and proprietary for-profit educational institutions equitably”. Pub. L. 114315, § 409(a)(1), redesignated par. (14) as (16). Subsec. (f). Pub. L. 114315, § 409(b), added subsec. (f). 2008—Subsec. (c)(4). Pub. L. 110389 struck out “and the Secretary” before “so notified”. 2006—Subsec. (c)(13). Pub. L. 109461 substituted “before completion and—” and subpars. (A) and (B) for “prior to completion and such policy must provide that the amount charged to the eligible person for tuition, fees, and other charges for a portion of the course shall not exceed the approximate pro rata portion of the total charges for tuition, fees, and other charges that the length of the completed portion of the course bears to its total length.” 1992—Subsec. (e). Pub. L. 102568 added subsec. (e). 1991—Pub. L. 10283, § 5(a), renumbered section 1776 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “3675” for “1775”. 1989—Subsecs. (c)(4), (d). Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing. 1981—Subsec. (d). Pub. L. 9766 added subsec. (d). 1966—Subsec. (a). Pub. L. 89358 struck out “1653 or” before “1775”.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 AmendmentAmendment by section 207 of Pub. L. 118210, effective Aug. 1, 2025, and applicable with respect to a quarter, semester, or term, as applicable, commencing on or after such date, see section 207(c) of Pub. L. 118210, set out as a note under section 3672 of this title.
Effective Date of 2021 AmendmentPub. L. 116315, title I, § 1016(b), Jan. 5, 2021, 134 Stat. 4946, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on August 1, 2021.” Pub. L. 116315, title I, § 1020(c), Jan. 5, 2021, 134 Stat. 4958, provided that: “The amendments made by this section [amending this section and section 3696 of this title] shall take effect on August 1, 2021.”
Effective Date of 2016 AmendmentPub. L. 114315, title IV, § 410(c), Dec. 16, 2016, 130 Stat. 1561, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to— “(1) criteria developed pursuant to paragraph (16) of subsection (c) of section 3676 of title 38, United States Code, on or after January 1, 2013; and “(2) an investigation conducted under such subsection that is covered by a reimbursement of expenses paid by the Secretary of Veterans Affairs to a State pursuant to section 3674 of such title on or after October 1, 2015.”
Effective Date of 1981 AmendmentAmendment by Pub. L. 9766 effective Oct. 17, 1981, see section 701(b)(1) of Pub. L. 9766, set out as a note under section 1114 of this title.
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# 38 U.S.C. § 3677 - Approval of training on the job
## Text
(a) Any State approving agency may approve a program of training on the job (other than a program of apprenticeship) only when it finds that the job which is the objective of the training is one in which progression and appointment to the next higher classification are based upon skills learned through organized and supervised training on the job and not on such factors as length of service and normal turnover, and that the provisions of subsections (b) and (c) of this section are met.
(b) (1) The training establishment offering training which is desired to be approved for the purposes of this chapter must submit to the appropriate State approving agency a written application for approval which, in addition to furnishing such information as is required by the State approving agency, contains a certification that—
(A) the wages to be paid the eligible veteran or person (i) upon entrance into training, are not less than wages paid nonveterans in the same training position and are at least 50 per centum of the wages paid for the job for which the veteran or person is to be trained, and (ii) such wages will be increased in regular periodic increments until, not later than the last full month of the training period, they will be at least 85 per centum of the wages paid for the job for which such eligible veteran or person is being trained; and
(B) there is reasonable certainty that the job for which the eligible veteran or person is to be trained will be available to the veteran or person at the end of the training period.
(2) The requirement under paragraph (1)(A)(ii) shall not apply with respect to a training establishment operated by the United States or by a State or local government.
(3) The requirement for certification under paragraph (1) shall not apply to training described in section 3452(e)(2) of this title.
(c) As a condition for approving a program of training on the job (other than a program of apprenticeship) the State approving agency must find upon investigation that the following criteria are met:
(1) The training content of the course is adequate to qualify the eligible veteran or person for appointment to the job for which the veteran or person is to be trained.
(2) The job customarily requires full-time training for a period of not less than six months and not more than two years.
(3) The length of the training period is not longer than that customarily required by the training establishments in the community to provide an eligible veteran or person with the required skills, arrange for the acquiring of job knowledge, technical information, and other facts which the eligible veteran or person will need to learn in order to become competent on the job for which the veteran or person is being trained.
(4) Provision is made for related instruction for the individual eligible veteran or person who may need it.
(5) There is in the training establishment adequate space, equipment, instructional material, and instructor personnel to provide satisfactory training on the job.
(6) Adequate records are kept to show the progress made by each eligible veteran or person toward such veterans or persons job objective.
(7) No course of training will be considered bona fide if given to an eligible veteran or person who is already qualified by training and experience for the job.
(8) A signed copy of the training agreement for each eligible veteran or person, including the training program and wage scale as approved by the State approving agency, is provided to the veteran or person and to the Secretary and the State approving agency by the employer.
(9) That the course meets such other criteria as may be established by the State approving agency.
(d) (1) The Secretary may conduct a pilot program under which the Secretary operates a program of training on the job under this section for a period (notwithstanding subsection (c)(2)) of up to three years in duration to train employees of the Department to become qualified adjudicators of claims for compensation, dependency and indemnity compensation, and pension.
(2) (A) Not later than three years after the implementation of the pilot project, the Secretary shall submit to Congress an initial report on the pilot project. The report shall include an assessment of the usefulness of the program in recruiting and retaining of personnel of the Department as well as an assessment of the value of the program as a training program.
(B) Not later than 18 months after the date on which the initial report under subparagraph (A) is submitted, the Secretary shall submit to Congress a final report on the pilot project. The final report shall include recommendations of the Secretary with respect to continuation of the pilot project and with respect to expansion of the types of claims for which the extended period of on the job training is available to train such employees.
(Added Pub. L. 9077, title III, § 304(d), Aug. 31, 1967, 81 Stat. 186, § 1777; amended Pub. L. 91219, title II, § 212, Mar. 26, 1970, 84 Stat. 83; Pub. L. 92540, title III, § 314, Oct. 24, 1972, 86 Stat. 1084; Pub. L. 94502, title V, § 513(a)(3), Oct. 15, 1976, 90 Stat. 2402; Pub. L. 101237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3677, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105368, title II, § 205(a), Nov. 11, 1998, 112 Stat. 3327; Pub. L. 108454, title I, § 108, Dec. 10, 2004, 118 Stat. 3604; Pub. L. 110389, title III, § 325, Oct. 10, 2008, 122 Stat. 4169.)
## Notes
Editorial Notes
Amendments2008—Subsec. (b)(3). Pub. L. 110389 added par. (3). 2004—Subsec. (d). Pub. L. 108454 added subsec. (d). 1998—Subsec. (b). Pub. L. 105368 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), redesignated former cls. (A) and (B) of par. (1) as cls. (i) and (ii), respectively, of subpar. (A), and added par. (2). 1991—Pub. L. 10283 renumbered section 1777 of this title as this section. 1989—Subsec. (c)(8). Pub. L. 101237 substituted “Secretary” for “Administrator”. 1976—Subsec. (b). Pub. L. 94502 substituted “the veteran or person” for “he” and “him”. Subsec. (c). Pub. L. 94502 substituted “the veteran or person” for “he” in two places, and “such veterans or persons” for “his”. 1972—Subsecs. (b), (c). Pub. L. 92540 inserted “or person” after “veteran” wherever appearing. 1970—Subsec. (a). Pub. L. 91219 inserted “and supervised”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentPub. L. 105368, title II, § 205(b), Nov. 11, 1998, 112 Stat. 3327, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to approval of programs of training on the job under section 3677 of title 38, United States Code, on or after October 1, 1998.”
Effective Date of 1976 AmendmentAmendment by Pub. L. 94502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94502, set out as an Effective Date note under section 3693 of this title.
Effective DateSection effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 9077, set out as an Effective Date of 1967 Amendment note under section 101 of this title.
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# 38 U.S.C. § 3678 - Notice of approval of courses
## Text
The State approving agency, upon determining that an educational institution has complied with all the requirements of this chapter, will issue a letter to such institution setting forth the courses which have been approved for the purposes of this chapter, and will furnish an official copy of such letter and any subsequent amendments to the Secretary. The letter of approval shall be accompanied by a copy of the catalog or bulletin of the institution, as approved by the State approving agency, and shall contain the following information:
(1) date of letter and effective date of approval of courses;
(2) proper address and name of each educational institution;
(3) authority for approval and conditions of approval, referring specifically to the approved catalog or bulletin published by the educational institution;
(4) name of each course approved;
(5) where applicable, enrollment limitations such as maximum numbers authorized and student-teacher ratio;
(6) signature of responsible official of State approving agency; and
(7) such other fair and reasonable provisions as are considered necessary by the appropriate State approving agency.
(Added Pub. L. 88126, § 1, Sept. 23, 1963, 77 Stat. 162, § 1777; renumbered § 1778, Pub. L. 9077, title III, § 304(d), Aug. 31, 1967, 81 Stat. 186; amended Pub. L. 101237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3678, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 renumbered section 1778 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator”.
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# 38 U.S.C. § 3680A - Disapproval of enrollment in certain courses
## Text
(a) The Secretary shall not approve the enrollment of an eligible veteran in any of the following:
(1) Any bartending course or personality development course.
(2) Any sales or sales management course which does not provide specialized training within a specific vocational field.
(3) Any type of course which the Secretary finds to be avocational or recreational in character (or the advertising for which the Secretary finds contains significant avocational or recreational themes) unless the veteran submits justification showing that the course will be of bona fide use in the pursuit of the veterans present or contemplated business or occupation.
(4) Any independent study program except—
(A) an independent study program (including such a program taken over open circuit television) that—
(i) is accredited by an accrediting agency or association recognized by the Secretary of Education under subpart 2 of part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099b);
(ii) leads to—
(I) a standard college degree;
(II) a certificate that reflects educational attainment offered by an institution of higher learning; or
(III) a certificate that reflects graduation from a course of study offered by—
(aa) an area career and technical education school (as defined in subparagraphs (C) and (D) of section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(3))) that provides education at the postsecondary level; or
(bb) a postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c))) that provides education at the postsecondary level; and
(iii) in the case of a program described in clause (ii)(III)—
(I) provides training aligned with the requirements of employers in the State or local area where the program is located, which may include in-demand industry sectors or occupations;
(II) provides a student, upon graduation from the program, with a recognized postsecondary credential that is recognized by employers in the relevant industry, which may include a credential recognized by industry or sector partnerships in the State or local area where the industry is located; and
(III) meets such content and instructional standards as may be required to comply with the criteria under section 3676(c)(14) and (15) of this title; or
(B) an online high technology program of education (as defined in subsection (h)(2) of section 3699C of this title)—
(i) the provider of which has entered into a contract with the Secretary under subsection (c) of such section;
(ii) that has been provided to covered individuals (as defined in subsection (h)(1) of such section) under such contract for a period of at least five years;
(iii) regarding which the Secretary has determined that the average employment rate of covered individuals who graduated from such program of education is 65 percent or higher for the year preceding such determination; and
(iv) that satisfies the requirements of subsection (e) of such section.
(b) Except to the extent otherwise specifically provided in this title or chapter 106 of title 10, the Secretary shall not approve the enrollment of an eligible veteran in any course of flight training other than one given by an educational institution of higher learning for credit toward a standard college degree the eligible veteran is seeking.
(c) The Secretary shall not approve the enrollment of an eligible veteran in any course to be pursued by radio.
(d) (1) The Secretary shall not approve the enrollment of any eligible veteran, not already enrolled, in any course for any period during which the Secretary finds that more than 85 percent of the students enrolled in the course are having all or part of their tuition, fees, or other charges paid to or for them by the educational institution or by the Department of Veterans Affairs under this title or under chapter 1606 of title 10, except with respect to tuition, fees, or other charges that are paid under a payment plan at an educational institution that the Secretary determines has a history of offering payment plans that are completed not later than 180 days after the end of the applicable term, quarter, or semester.
(2) The Secretary may waive the requirements of paragraph (1), in whole or in part, if the Secretary determines, pursuant to regulations which the Secretary shall prescribe, it to be in the interest of the eligible veteran and the Federal Government.
(3) (A) The Secretary shall establish a process by which an educational institution may request a review of a determination that the educational institution does not meet the requirements of paragraph (1).
(B) An educational institution that requests a review under subparagraph (A)—
(i) shall request the review not later than 30 days after the start of the term, quarter, or semester for which the determination described in subparagraph (A) applies; and
(ii) may include any information that the educational institution believes the Department should have taken into account when making the determination, including with respect to any mitigating circumstances.
(C) The Under Secretary of Benefits shall issue an initial decision for each review requested under subparagraph (A) by not later than 30 days after the date of the request, to the extent feasible.
(D) An educational institution may request the Secretary to review the decision by the Under Secretary under subparagraph (C). The Secretary shall review each decision so requested and, pursuant to such review, shall issue a final decision sustaining, modifying, or overturning the decision by the Under Secretary.
(E) The Secretary shall carry out this paragraph without regard to any review process carried out by the Secretary under chapter 51 of this title.
(4) Paragraph (1) shall not apply to any course offered by an educational institution if—
(A) the majority of courses offered by the educational institution are approved under section 3672 or 3675 of this title; and
(B) the total number of veterans and persons receiving assistance under this title or under chapter 1606 of title 10 who are enrolled in such institution equals 35 percent or less of the total student enrollment at such institution (computed separately for the main campus and any branch or extension of such institution).
(5) (A) Paragraph (1) shall not apply to any course offered by an educational institution if—
(i) the majority of courses offered by the educational institution are approved under section 3676 of this title; and
(ii) the total number of veterans and persons receiving assistance under this title or under chapter 1606 of title 10 who are enrolled in such institution equals 35 percent or less of the total student enrollment at such institution (computed separately for the main campus and any branch or extension of such institution).
(B) Notwithstanding subparagraph (A), on a case by case basis, the Secretary may apply paragraph (1) with respect to any course otherwise covered by such subparagraph if the Secretary has reason to believe that the enrollment of veterans and persons described in clause (ii) of such subparagraph may be in excess of 85 percent of the total student enrollment in such course.
(6) The Secretary shall ensure that an educational institution that meets the requirements of paragraph (4) or (5) submits information to the Secretary on a biennial basis to verify meeting such requirements. During such biennial period in which an educational institution is covered by such verification, the Secretary may not require the educational institution to submit information with respect to meeting the requirements of paragraph (1).
(7) Paragraph (1) shall not apply with respect to the enrollment of a veteran—
(A) in a program of education for which fewer than 10 students are having all or part of their tuition, fees, or other charges paid to or for them by the educational institution or by the Department of Veterans Affairs under this title or under chapter 1606 of title 10;
(B) in a course offered pursuant to section 3019, 3034(a)(3), 3234, or 3241(a)(2) of this title;
(C) in a farm cooperative training course; or
(D) in a course described in subsection (g).
(8) Paragraph (1) shall not apply to the enrollment of a veteran in an online high technology program described in subsection (a)(4)(B).
(e) (1) 11 See Applicability of Amendment note below. The Secretary may not approve the enrollment of an eligible veteran in a course not leading to a standard college degree offered by a proprietary profit or proprietary nonprofit educational institution if—
(A) the educational institution has been operating for less than two years;
(B) except as provided in paragraph (2), the course is offered at a branch of the educational institution and the branch has been operating for less than two years; or
(C) following either a change in ownership or a complete move outside its original general locality, the educational institution does not retain substantially the same faculty, student body, and courses as before the change in ownership or the move outside the general locality (as determined in accordance with regulations the Secretary shall prescribe) unless the educational institution following such change or move has been in operation for at least two years.
(2) (A) Subject to this paragraph, a commercial driver education program is exempt from paragraph (1)(B) for a branch of an educational institution if—
(i) the commercial driver education program offered at the branch by the educational institution is approved for purposes of this chapter by a State approving agency (or the Secretary when acting in the role of a State approving agency); and
(ii) (I) such branch is located in a State in which such educational institution offers such commercial driver education program at another branch of such educational institution; or
(II) such branch—
(aa) has been operating for at least one year; and
(bb) offers such commercial driver education program, using the same curriculum as another branch of such educational institution.
(B) (i) In order for a commercial driver education program of an educational institution offered at a branch described in paragraph (1)(B) to be exempt under subparagraph (A) of this paragraph, the educational institution shall submit to the Secretary each year that paragraph (1)(B) would otherwise apply a report that demonstrates that the curriculum at the new branch is the same as the curriculum at the primary location.
(ii) Reporting under clause (i) shall be submitted in accordance with such requirements as the Secretary shall establish in consultation with the State approving agencies.
(C) (i) The Secretary may withhold an exemption under subparagraph (A) for any educational institution or branch of an educational institution as the Secretary considers appropriate.
(ii) In making any determination under clause (i), the Secretary may consult with the Secretary of Transportation on the performance of a provider of a commercial driver program, including the status of the provider within the Training Provider Registry of the Federal Motor Carrier Safety Administration when appropriate.
(D) The Secretary shall submit to the Committees on Veterans Affairs of the Senate and House of Representatives a notification not later than 30 days after the Secretary grants an exemption under subparagraph (A). Such notification shall identify the educational institution, and the branch thereof, granted such exemption.
(f) (1) Except as provided in paragraph (2), the Secretary may not approve the enrollment of an eligible veteran in a course as a part of a program of education offered by an educational institution if the course is provided under contract by another educational institution or entity and—
(A) the Secretary would be barred under subsection (e) from approving the enrollment of an eligible veteran in the course of the educational institution or entity providing the course under contract; or
(B) the educational institution or entity providing the course under contract has not obtained approval for the course under this chapter.
(2) (A) In the case of a covered study-abroad course, the Secretary may approve the course for a period of not more than five years, if the contract or other written agreement under which the course is offered provides that—
(i) the educational institution that offers a course that is approved under this chapter agrees—
(I) to assume responsibility for the quality and content of the covered study-abroad course; and
(II) to serve as the certifying official for the course for purposes of this chapter; and
(ii) the educational institution that offers the covered study-abroad course agrees to seek the approval of the course under this chapter by not later than five years after the date of the agreement.
(B) In this paragraph, the term “covered study-abroad course” means a course that—
(i) is provided as a part of a program of education offered by an educational institution under a contract or other written agreement by another educational institution that offers a course that is approved under this chapter;
(ii) is provided at a location in a foreign country; and
(iii) has not been approved under this chapter.
(g) Notwithstanding subsections (e) and (f)(1), the Secretary may approve the enrollment of an eligible veteran in a course approved under this chapter if the course is offered by an educational institution under contract with the Department of Defense or the Department of Homeland Security and is given on or immediately adjacent to a military base, Coast Guard station, National Guard facility, or facility of the Selected Reserve.
(h) In this section, the terms “State or local area”, “recognized postsecondary credential”, “industry or sector partnership”, and “in-demand industry sector or occupation” have the meaning given such terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(Added Pub. L. 102568, title III, § 313(a)(2), Oct. 29, 1992, 106 Stat. 4331; amended Pub. L. 104275, title I, §§ 103(a)(2), (b), 104(c), Oct. 9, 1996, 110 Stat. 3326, 3327; Pub. L. 105114, title IV, § 401(d), (e), Nov. 21, 1997, 111 Stat. 2293; Pub. L. 105368, title X, § 1005(b)(9), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 107103, title I, § 111(a), Dec. 27, 2001, 115 Stat. 986; Pub. L. 107296, title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 11548, title III, § 302, Aug. 16, 2017, 131 Stat. 990; Pub. L. 117174, § 2(a), Aug. 26, 2022, 136 Stat. 2104; Pub. L. 117333, § 9(a), Jan. 5, 2023, 136 Stat. 6130; Pub. L. 11895, § 2(a), Oct. 1, 2024, 138 Stat. 1567; Pub. L. 118210, title II, §§ 206(b)(2)(D), 209(a), 212(c), Jan. 2, 2025, 138 Stat. 2764, 2765, 2773.)
## Notes
Applicability of AmendmentAmendment of subsection (e) of this section by section 2(a) of Pub. L. 11895 applicable 365 days after the date on which the Secretary of Veterans Affairs establishes the requirements under section 2(b)(1) of Pub. L. 11895. See 2024 Amendment notes below.
Editorial Notes
References in TextThe Higher Education Act of 1965, referred to in subsec. (a)(4)(A)(i), is Pub. L. 89329, Nov. 8, 1965, 79 Stat. 1219. Subpart 2 of part H of title IV of the Act is classified generally to subpart 2 (§ 1099b) of part H of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see section 1 of Pub. L. 89329, set out as a Short Title note under section 1001 of Title 20 and Tables.
Amendments2025—Subsec. (a)(4). Pub. L. 118210, § 212(c)(1), added par. (4) and struck out former par. (4) which related to independent study programs. Subsec. (a)(4)(C)(iii). Pub. L. 118210, § 206(b)(2)(D), substituted “section 3676(c)(15) and (16)” for “section 3676(c)(14) and (15)”. Subsec. (d)(8). Pub. L. 118210, § 212(c)(2), added par. (8). Subsec. (e)(2)(A). Pub. L. 118210, § 209(a)(1)(A), (B), amended subsec. (e)(2)(A) as added by Pub. L. 11895, § 2(a)(4), by substituting “institution if—” for “the commercial driver education program offered at the branch by the educational institution—” in introductory provisions, adding cls. (i) and (ii), and striking out former cls. (i) and (ii) which read as follows: “(i) is appropriately licensed; and “(ii) uses the same curriculum as a commercial driver education program offered by the educational institution at another location that is approved for purposes of this chapter by a State approving agency or the Secretary when acting in the role of a State approving agency.” Subsec. (e)(2)(D). Pub. L. 118210, § 209(a)(2), amended subsec. (e)(2) as added by Pub. L. 11895, § 2(a)(4), by adding subpar. (D). 2024—Subsec. (e). Pub. L. 11895, § 2(a)(1), (2), designated existing provisions as par. (1) and redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively. Subsec. (e)(1)(B). Pub. L. 11895, § 2(a)(3), inserted “except as provided in paragraph (2),” before “the course”.Subsec. (e)(2). Pub. L. 11895, § 2(a)(4), as amended by Pub. L. 118210, § 209(a), added par. (2). For changes made to text of par. (2) by Pub. L. 118210, see 2025 Amendment notes above. 2023—Subsec. (f). Pub. L. 117333 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), the Secretary” for “The Secretary”, redesignated former pars. (1) and (2) as subpars. (A) and (B) of par. (1), and added par. (2). 2022—Subsec. (d). Pub. L. 117174 amended subsec. (d) generally. Prior to amendment, subsec. (d) related to disapproval of enrollment in a course for any period during which the Secretary finds that more than 85 percent of the students enrolled in the course are having all or part of their tuition, fees, or other charges paid to or for them by the educational institution or by the Department of Veterans Affairs under this title or under chapter 106 of title 10, subject to waivers and exceptions. 2017—Subsec. (a). Pub. L. 11548, § 302(1)(A), substituted “in any of the following:” for “in—” in introductory provisions. Subsec. (a)(1), (2). Pub. L. 11548, § 302(1)(B), (C), substituted “Any” for “any” and substituted period for semicolon at end. Subsec. (a)(3). Pub. L. 11548, § 302(1)(D), substituted “Any” for “any” and substituted period at end for “; or”. Subsec. (a)(4). Pub. L. 11548, § 302(1)(E), added par. (4) and struck out former par. (4), which read as follows: “any independent study program except an accredited independent study program (including open circuit television) leading (A) to a standard college degree, or (B) to a certificate that reflects educational attainment offered by an institution of higher learning.” Subsec. (h). Pub. L. 11548, § 302(2), added subsec. (h). 2002—Subsec. (g). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”. 2001—Subsec. (a)(4). Pub. L. 107103 inserted “(A)” after “leading” and “, or (B) to a certificate that reflects educational attainment offered by an institution of higher learning” before period at end. 1998—Subsec. (d)(2)(C). Pub. L. 105368 struck out “section” before “subsection (g)”. 1997—Subsec. (a)(4). Pub. L. 105114, § 401(d), inserted “(including open circuit television)” before “leading to a standard”. Subsec. (g). Pub. L. 105114, § 401(e), substituted “subsections (e) and (f)(1)” for “subsections (e) and (f)”. 1996—Subsec. (c). Pub. L. 104275, § 104(c), substituted “radio.” for “radio or by open circuit television, except that the Secretary may approve the enrollment of an eligible veteran in a course, to be pursued in residence, leading to a standard college degree which includes, as an integral part thereof, subjects offered through open circuit television.” Subsec. (d)(2)(C). Pub. L. 104275, § 103(a)(2), substituted “subsection (g)” for “3689(b)(6) of this title”. Subsecs. (e) to (g). Pub. L. 104275, § 103(b), added subsecs. (e) to (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 AmendmentPub. L. 118210, title II, § 209(c), Jan. 2, 2025, 138 Stat. 2766, provided that: “The amendments made by this section [amending this section] shall take effect as if included in such Act [Pub. L. 11895] on the date of the enactment of such Act [Oct. 1, 2024].”
Effective Date of 2024 AmendmentPub. L. 11895, § 2(b)(2), Oct. 1, 2024, 138 Stat. 1568, as amended by Pub. L. 118210, title II, § 209(b)(1), Jan. 2, 2025, 138 Stat. 2766, provided that: “The amendments made by subsection (a) [amending this section] shall apply to commercial driver education programs on and after the date that is 365 days after the date on which the Secretary establishes the requirements under paragraph (1) of this subsection [set out as a note below].”
Effective Date of 2022 AmendmentPub. L. 117174, § 2(b), Aug. 26, 2022, 136 Stat. 2106, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after the date of the enactment of this Act [Aug. 26, 2022].”
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 2001 AmendmentPub. L. 107103, title I, § 111(b), Dec. 27, 2001, 115 Stat. 987, provided that: “The amendments made by subsection (a) [amending this section] shall apply to enrollments in independent study courses beginning on or after the date of the enactment of this Act [Dec. 27, 2001].”
RegulationsPub. L. 11895, § 2(b)(3), as added by Pub. L. 118210, title II, § 209(b)(2), Jan. 2, 2025, 138 Stat. 2766, provided that: “In prescribing any regulation to carry out the amendments made by subsection (a) [amending this section], the Secretary of Veterans Affairs shall consult with State approving agencies designated under section 3671 of such title [title 38, United States Code].”
Savings ProvisionSection not applicable to any person receiving educational assistance for pursuit of an independent study program in which the person was enrolled on Oct. 29, 1992, for as long as such person is continuously thereafter so enrolled and meets requirements of eligibility for such assistance, see section 313(b) of Pub. L. 102568, set out as a note under section 16136 of Title 10, Armed Forces.
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Implementation: Establishment of RequirementsPub. L. 11895, § 2(b)(1), Oct. 1, 2024, 138 Stat. 1568, provided that: “Not later than 180 days after the date of the enactment of this Act [Oct. 1, 2024], the Secretary of Veterans Affairs shall establish requirements under section 3680A(e)(2)(B)(ii) of such title [title 38, United States Code], as added by subsection (a).”
Treatment of Certain CoursesPub. L. 117333, § 9(b), Jan. 5, 2023, 136 Stat. 6131, provided that: “In the case of any covered study-abroad course, under the meaning given such term in subparagraph (B) of paragraph (2) of subsection (f) of section 3680A of title 38, United States Code, as added by subsection (a), that is being offered under a contract or other written agreement as of the date of the enactment of this Act [Jan. 5, 2023], the Secretary of Veterans Affairs may approve such course under such paragraph (2) for the five-year period beginning on the date of the enactment of this Act, if such contract or other written agreement meets the criteria provided in subparagraph (A) of such paragraph.”
@@ -0,0 +1,67 @@
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# 38 U.S.C. § 3681 - Limitations on educational assistance
## Text
(a) No educational assistance allowance granted under chapter 30, 34, 35, or 36 of this title or 106 or 107 of title 10, or subsistence allowance granted under chapter 31 of this title shall be paid to any eligible person (1) who is on active duty and is pursuing a course of education which is being paid for by the Armed Forces (or by the Department of Health and Human Services in the case of the Public Health Service; or (2) who is attending a course of education or training paid for under chapter 41 of title 5.
(b) No person may receive benefits concurrently under two or more of the provisions of law listed below:
(1) Chapters 30, 31, 32, 34, 35, and 36 of this title.
(2) Chapters 106 and 107 and section 510 of title 10.
(3) Section 903 of the Department of Defense Authorization Act, 1981 (Public Law 96342, 10 U.S.C. 2141 note).
(4) The Hostage Relief Act of 1980 (Public Law 96449, 5 U.S.C. 5561 note).
(5) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99399).
(Added Pub. L. 89358, § 3(b), Mar. 3, 1966, 80 Stat. 21, § 1781; amended Pub. L. 91219, title II, § 213(1), Mar. 26, 1970, 84 Stat. 83; Pub. L. 92540, title IV, § 403(8), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 94502, title V, § 513(a)(13), Oct. 15, 1976, 90 Stat. 2403; Pub. L. 96466, title I, § 102, title VIII, § 801(e), Oct. 17, 1980, 94 Stat. 2187, 2216; Pub. L. 97295, § 4(53), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 98223, title II, § 203(c)(1), Mar. 2, 1984, 98 Stat. 41; Pub. L. 98525, title VII, § 703(c), Oct. 19, 1984, 98 Stat. 2564; Pub. L. 99576, title III, §§ 317, 321(9), Oct. 28, 1986, 100 Stat. 3275, 3278; Pub. L. 101237, title IV, § 423(a)(8)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3681, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102568, title III, § 315, Oct. 29, 1992, 106 Stat. 4333; Pub. L. 111377, title II, § 202(b), Jan. 4, 2011, 124 Stat. 4124.)
## Notes
Editorial Notes
References in TextChapter 106 of title 10, referred to in subsecs. (a) and (b)(2), which consisted of sections 2131 to 2138, was amended by Pub. L. 103337, div. A, title XVI, § 1663(b)(2), Oct. 5, 1994, 108 Stat. 3006, to renumber sections 2131 to 2137 as 16131 to 16137, respectively, and transfer them to chapter 1606 of Title 10, Armed Forces. Section 903 of the Department of Defense Authorization Act, 1981, referred to in subsec. (b)(3), is section 903 of Pub. L. 96342, title IX, Sept. 8, 1980, 94 Stat. 1115, which is set out as a note under section 2141 of Title 10, Armed Forces. The Hostage Relief Act of 1980, referred to in subsec. (b)(4), is Pub. L. 96449, Oct. 14, 1980, 94 Stat. 1967, which was formerly set out as a note under section 5561 of Title 5, Government Organization and Employees. The Omnibus Diplomatic Security and Antiterrorism Act of 1986, referred to in subsec. (b)(5), is Pub. L. 99399, Aug. 27, 1986, 100 Stat. 853. For complete classification of this Act to the Code, see Short Title note set out under section 4801 of Title 22, Foreign Relations and Intercourse, and Tables.
Prior ProvisionsProvisions similar to those comprising this section were contained in Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1182, 1201, which was classified to former sections 1632(h)(1) and 1762(b) of this title, prior to repeal by sections 4(a) and 3(a)(2) of Pub. L. 89358, respectively.
Amendments2011—Subsec. (b)(2). Pub. L. 111377 inserted “and section 510” after “and 107”. 1992—Subsec. (a)(2). Pub. L. 102568 struck out before period at end “and whose full salary is being paid to such person while so training”. 1991—Pub. L. 10283 renumbered section 1781 of this title as this section. 1989—Subsec. (b)(5). Pub. L. 101237 added par. (5). 1986—Subsec. (b). Pub. L. 99576 struck out “for the pursuit of the same program of education” after “provisions of law listed below” in introductory text and substituted “Chapters 106 and 107” for “Chapter 107” in par. (2). 1984—Subsec. (a). Pub. L. 98525, § 703(c)(1)(A)(C), inserted initial reference to chapter 30 of this title, inserted references to chapters 106 and 107 of title 10, and struck out comma after “chapter 31”. Pub. L. 98223, § 203(c)(1)(A), designated existing provisions as subsec. (a). Subsec. (b). Pub. L. 98525, § 703(c)(2), inserted reference to chapter 30 of this title in par. (1). Pub. L. 98223, § 203(c)(1)(B), added subsec. (b). 1982—Pub. L. 97295 substituted “chapter 41 of title 5” for “the Government Employees Training Act”. 1980—Pub. L. 96466 inserted “, or subsistence allowance granted under chapter 31,” after “chapter 34, 35, or 36” and substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”. 1976—Pub. L. 94502 substituted “such person” for “him”. 1972—Pub. L. 92540 substituted “granted under chapter 34, 35, or 36” for “or special training allowance granted under chapter 34 or 35”. 1970—Pub. L. 91219 substituted “Limitations on educational assistance” for “Nonduplication of benefits” as section catchline and limited duplication of benefits bar to cases of persons on active duty with Armed Forces or Public Health Service whose education or training costs are being paid by Federal Government and persons receiving education or training under Government Employees Training Act being paid their full salary during that period.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 AmendmentAmendment by Pub. L. 111377 effective Aug. 1, 2011, see section 202(c) of Pub. L. 111377, set out as a note under section 3322 of this title.
Effective Date of 1980 AmendmentPub. L. 96466, title VIII, § 802(a)(6), Oct. 17, 1980, 94 Stat. 2218, provided that: “The amendments made by sections 102 and 103 [amending this section and section 1795 [now 3695] of this title] shall become effective on October 1, 1980.” Amendment by section 801(e) of Pub. L. 96466 effective Oct. 1, 1980, see section 802(h) of Pub. L. 96466, set out as a note under section 3452 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94502, set out as an Effective Date note under section 3693 of this title.
Duplication of BenefitsPub. L. 90574, title V, § 504, Oct. 15, 1968, 82 Stat. 1012, relating to duplication of benefits, was repealed by Pub. L. 91219, title II, § 215(a), Mar. 26, 1970, 84 Stat. 85.
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# 38 U.S.C. § 3682 - Control by agencies of the United States
## Text
Except as provided in section 3674A of this title, no department, agency, or officer of the United States, in carrying out this chapter, shall exercise any supervision or control, whatsoever, over any State approving agency, or State educational agency, or any educational institution. Nothing in this section shall be deemed to prevent any department, agency, or officer of the United States from exercising any supervision or control which such department, agency, or officer is authorized by law to exercise over any Federal educational institution or to prevent the furnishing of education under this chapter or chapter 34 or 35 of this title in any institution over which supervision or control is exercised by such other department, agency, or officer under authority of law.
(Added Pub. L. 89358, § 3(b), Mar. 3, 1966, 80 Stat. 21, § 1782; amended Pub. L. 92540, title IV, § 403(9), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 100323, § 13(b)(6), May 20, 1988, 102 Stat. 574; renumbered § 3682 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1190, 1201, which was classified to former sections 1663 and 1763 of this title, prior to repeal by sections 4(a) and 3(a)(3) of Pub. L. 89358, respectively.
Amendments1991—Pub. L. 10283 renumbered section 1782 of this title as this section and substituted “3674A” for “1774A”. 1988—Pub. L. 100323 substituted “Except as provided in section 1774A of this title, no” for “No”. 1972—Pub. L. 92540 inserted “this chapter or” before “chapter 34 or 35”.
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# 38 U.S.C. § 3683 - Conflicting interests
## Text
(a) Department Officers and Employees.— (1) An officer or employee of the Department shall receive corrective action or disciplinary action if such officer or employee—
(A) has, while serving as such an officer or employee, owned any interest in, or received any wage, salary, dividend, profit, or gift from, any educational institution operated for profit; or
(B) has, while serving as a covered officer or employee of the Department, received any service from any educational institution operated for profit.
(2) In this subsection, the term “covered officer or employee of the Department” means an officer or employee of the Department who—
(A) works on the administration of benefits under chapter 30, 31, 32, 33, 34, 35, or 36 of this title; or
(B) has a potential conflict of interest involving an educational institution operated for profit, as determined by the Secretary.
(b) State Approving Agency Employees.— If the Secretary finds that any person who is an officer or employee of a State approving agency has, while such person was such an officer or employee, owned any interest in, or received any wage, salary, dividend, profit, or gift from, an educational institution operated for profit, the Secretary shall discontinue making payments under section 3674 of this title to such State approving agency unless such agency shall, without delay, take such steps as may be necessary to provide corrective action or disciplinary action with respect to such person and such payments shall not be resumed until the completion of such corrective action or disciplinary action.
(c) Disapproval of Courses.— A State approving agency shall not approve any course offered by an educational institution operated for profit, and, if any such course has been approved, shall disapprove each such course, if it finds that any officer or employee of the Department or the State approving agency owns an interest in, or receives any wage, salary, dividend, profit, or gift from, such institution.
(d) Waiver Authority.— (1) The Secretary may waive in writing the application of this section in the case of any officer or employee of the Department or of a State approving agency, if the Secretary finds that no detriment will result to the United States or to eligible persons or veterans by reasons of such interest or connection of such officer or employee.
(2) The Secretary shall provide public notice of any waiver granted under this subsection by not later than 30 days after the date on which such waiver is granted.
(Added Pub. L. 89358, § 3(b), Mar. 3, 1966, 80 Stat. 22, § 1783; amended Pub. L. 92540, title IV, § 403(10), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 94502, title V, § 513(a)(14)(16), Oct. 15, 1976, 90 Stat. 2403; Pub. L. 97295, § 4(54), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 101237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3683 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 115251, title III, § 302(a), Sept. 29, 2018, 132 Stat. 3178; Pub. L. 11661, § 6(5), Sept. 30, 2019, 133 Stat. 1117.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1190, 1201, which was classified to former sections 1664 and 1764 of this title, prior to repeal by sections 4(a) and 3(a)(3) of Pub. L. 89358, respectively.
Amendments2019—Subsecs. (b) to (d). Pub. L. 11661 substituted “(b)” for “(b) (b)”, “(c)” for “(c) (c)”, and “(d)” for “(d) (d)” in subsec. designations. 2018—Subsec. (a). Pub. L. 115251, § 302(a)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “Every officer or employee of the Department of Veterans Affairs who has, while such an officer or employee, owned any interest in, or received any wages, salary, dividends, profits, gratuities, or services from, any educational institution operated for profit in which an eligible person or veteran was pursuing a program of education or course under this chapter or chapter 34 or 35 of this title shall be immediately dismissed from such officers or employees office or employment.” Subsec. (b). Pub. L. 115251, § 302(a)(2), inserted second subsec. (b) designation and heading, substituted “wage, salary, dividend, profit, or gift” for “wages, salary, dividends, profits, gratuities, or services”, “provide corrective action or disciplinary action with respect to” for “terminate the employment of”, and “until the completion of such corrective action or disciplinary action” for “while such person is an officer or employee of the State approving agency, or State department of veterans affairs or State department of education”, and struck out “in which an eligible person or veteran was pursuing a program of education or course under this chapter or chapter 34 or 35 of this title” after “operated for profit”. Subsec. (c). Pub. L. 115251, § 302(a)(3), inserted second subsec. (c) designation and heading, struck out “of Veterans Affairs” after “of the Department”, and substituted “wage, salary, dividend, profit, or gift” for “wages, salary, dividends, profits, gratuities, or services”. Subsec. (d). Pub. L. 115251, § 302(a)(4), inserted second subsec. (d) designation and heading, designated existing provisions as par. (1), struck out “, after reasonable notice and public hearings,” after “The Secretary may” and “of Veterans Affairs” after “of the Department”, and added par. (2). 1991—Pub. L. 10283, § 5(a), renumbered section 1783 of this title as this section. Subsec. (b). Pub. L. 10283, § 5(c)(1), substituted “3674” for “1774”. 1989—Pub. L. 101237 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans Administration”, respectively, wherever appearing. 1982—Subsec. (a). Pub. L. 97295 inserted “of this title” after “34 or 35”. 1976—Subsec. (a). Pub. L. 94502, § 513(a)(14), substituted “such officers or employees” for “his”. Subsec. (b). Pub. L. 94502, § 513(a)(15), substituted “while such person was” for “while he was” and “the Administrator shall discontinue” for “he shall discontinue”. Subsec. (d). Pub. L. 94502, § 513(a)(16), substituted “if the Administrator finds” for “if he finds”. 1972—Subsecs. (a), (b). Pub. L. 92540 inserted “this chapter or” before “chapter 34 or 35” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentPub. L. 115251, title III, § 302(b), Sept. 29, 2018, 132 Stat. 3179, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Sept. 29, 2018] and shall apply with respect to conflicts of interest that occur on or after that date.”
Effective Date of 1976 AmendmentAmendment by Pub. L. 94502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94502, set out as an Effective Date note under section 3693 of this title.
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# 38 U.S.C. § 3684A - Procedures relating to computer matching program
## Text
(a) (1) Notwithstanding section 552a(p) of title 5 and subject to paragraph (2) of this subsection, the Secretary may suspend, terminate, reduce, or make a final denial of any financial assistance or payment under an educational assistance program provided for in chapter 30 or 32 of this title or in chapter 106 of title 10 in the case of any individual, or take other adverse action against such individual, based on information produced by a matching program with the Department of Defense.
(2) The Secretary may not take any action referred to in paragraph (1) of this subsection until—
(A) the individual concerned has been provided a written notice containing a statement of the findings of the Secretary based on the matching program, a description of the proposed action, and notice of the individuals right to contest such findings within 10 days after the date of the notice; and
(B) the 10-day period referred to in subparagraph (A) of this paragraph has expired.
(3) In computing the 10-day period referred to in paragraph (2) of this subsection, Saturdays, Sundays, and Federal holidays shall be excluded.
(b) For the purposes of subsection (q) of section 552a of title 5, compliance with the provisions of subsection (a) of this section shall be considered compliance with the provisions of subsection (p) of such section 552a.
(c) For purposes of this section, the term “matching program” has the same meaning provided in section 552a(a)(8) of title 5.
(Added Pub. L. 101366, title II, § 206(a), Aug. 15, 1990, 104 Stat. 441, § 1784A; renumbered § 3684A, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 renumbered section 1784A of this title as this section.
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# 38 U.S.C. § 3685 - Overpayments to eligible persons or veterans
## Text
(a) Whenever the Secretary finds that an overpayment has been made to a veteran or eligible person relating to educational assistance under a law administered by the Secretary, the amount of such overpayment shall constitute a liability of such veteran or eligible person to the United States.
(b) Any overpayment to a veteran or eligible person with respect to pursuit by the veteran or eligible person of a program of education at an educational institution shall constitute a liability of the educational institution to the United States if—
(1) the Secretary finds that the overpayment has been made as the result of—
(A) the willful or negligent failure of an educational institution to report, as required under this chapter or chapter 34 or 35 of this title, to the Department of Veterans Affairs excessive absences from a course, or discontinuance or interruption of a course by the veteran or eligible person; or
(B) the willful or negligent false certification by an educational institution; or
(2) the benefit payment sent to an educational institution on behalf of an eligible veteran or person is made pursuant to—
(A) section 3313(h) of this title;
(B) section 3317 of this title; or
(C) section 3680(d) of this title; or
(D) section 3320(d) of this title.
(c) Any overpayment referred to in subsection (a) or (b) of this section may be recovered, except as otherwise provided in the last sentence of section 3684(c) of this title, in the same manner as any other debt due the United States.
(d) Any overpayment referred to in subsection (a) or (b) of this section may be waived as to a veteran or eligible person as provided in section 5302 of this title. Waiver of any such overpayment as to a veteran or eligible person shall in no way release any educational institution from liability under subsection (b) of this section.
(e) (1) Any amount collected from a veteran or eligible person pursuant to this section shall be reimbursed to the educational institution which is liable pursuant to subsection (b) of this section to the extent that collection was made from the educational institution.
(2) Nothing in this section or any other provision of this title shall be construed as (A) precluding the imposition of any civil or criminal liability under this title or any other law, or (B) requiring any institution of higher learning to maintain daily attendance records for any course leading to a standard college degree.
(Added Pub. L. 89358, § 3(b), Mar. 3, 1966, 80 Stat. 22, § 1785; amended Pub. L. 92540, title IV, § 403(11), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 95202, title III, § 304(a)(2), Nov. 23, 1977, 91 Stat. 1442; Pub. L. 96466, title III, § 344, Oct. 17, 1980, 94 Stat. 2199; Pub. L. 101237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 10240, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 3685 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116315, title I, § 1019, Jan. 5, 2021, 134 Stat. 4950.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1191, 1202, which was classified to former sections 1666 and 1766 of this title, prior to repeal by sections 4(a) and 3(a)(3) of Pub. L. 89358, respectively.
Amendments2021—Subsec. (a). Pub. L. 116315, § 1019(b), inserted “relating to educational assistance under a law administered by the Secretary” after “made to a veteran or eligible person”. Subsec. (b). Pub. L. 116315, § 1019(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Whenever the Secretary finds that an overpayment has been made to a veteran or eligible person as the result of (1) the willful or negligent failure of an educational institution to report, as required under this chapter or chapter 34 or 35 of this title, to the Department of Veterans Affairs excessive absences from a course, or discontinuance or interruption of a course by the veteran or eligible person, or (2) the willful or negligent false certification by an educational institution, the amount of such overpayment shall constitute a liability of the educational institution to the United States.” 1991—Pub. L. 10283, § 5(a), renumbered section 1785 of this title as this section. Subsec. (c). Pub. L. 10283, § 5(c)(1), substituted “3684(c)” for “1784(c)”. Subsec. (d). Pub. L. 10240 substituted “5302” for “3102”. 1989—Subsecs. (a), (b). Pub. L. 101237 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans Administration”, respectively, wherever appearing. 1980—Pub. L. 96466 designated existing provisions as subsecs. (b), (c), and (e), with minor changes in language, and added subsecs. (a) and (d). 1977—Pub. L. 95202 inserted “, except as otherwise provided in section 1784(b) of this title,” after “recovered” in first sentence, and inserted last sentence providing that nothing in this section or any other provision of this title shall be construed as requiring any institution of higher learning to maintain daily attendance for any course leading to a standard college degree. 1972—Pub. L. 92540 inserted “this chapter or” before “chapter 34 or 35”.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(c) of Pub. L. 96466, set out as a note under section 3452 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95202 effective Nov. 23, 1977, see section 501 of Pub. L. 95202, set out as a note under section 101 of this title.
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# 38 U.S.C. § 3686 - Correspondence courses
## Text
(a) (1) Each eligible veteran (as defined in section 3452(a)(1) and (2) of this title) and each eligible spouse or surviving spouse (as defined in section 3501(a)(1)(B), (C), (D), or (E) of this title) who enters into an enrollment agreement to pursue a program of education exclusively by correspondence shall be paid an educational assistance allowance computed at the rate of 55 percent of the established charge which the institution requires nonveterans to pay for the course or courses pursued by the eligible veteran or spouse or surviving spouse. The term “established charge” as used herein means the charge for the course or courses determined on the basis of the lowest extended time payment plan offered by the institution and approved by the appropriate State approving agency or the actual cost to the veteran or spouse or surviving spouse, whichever is the lesser. Such allowance shall be paid quarterly on a pro rata basis for the lessons completed by the veteran or spouse or surviving spouse and serviced by the institution.
(2) The period of entitlement of any veteran or spouse or surviving spouse who is pursuing any program of education exclusively by correspondence shall be charged with one month for each $376 which is paid to the veteran or spouse or surviving spouse as an educational assistance allowance for such course.
(3) Notwithstanding any other provision of law unless enacted in express limitation of this paragraph, funds in the Department of Veterans Affairs readjustment benefits account shall be available for payments under paragraph (1) of this subsection for pursuit of a program of education exclusively by correspondence in which the veteran or spouse or surviving spouse enrolls after September 30, 1981.
(b) The enrollment agreement shall fully disclose the obligation of both the institution and the veteran or spouse or surviving spouse and shall prominently display the provisions for affirmance, termination, refunds, and the conditions under which payment of the allowance is made by the Secretary to the veteran or spouse or surviving spouse. A copy of the enrollment agreement shall be furnished to each such veteran or spouse or surviving spouse at the time such veteran or spouse or surviving spouse signs such agreement. No such agreement shall be effective unless such veteran or spouse or surviving spouse shall, after the expiration of five days after the enrollment agreement is signed, have signed and submitted to the Secretary a written statement, with a signed copy to the institution, specifically affirming the enrollment agreement. In the event the veteran or spouse or surviving spouse at any time notifies the institution of such veterans or spouses intention not to affirm the agreement in accordance with the preceding sentence, the institution, without imposing any penalty or charging any fee shall promptly make a full refund of all amounts paid.
(c) In the event a veteran or spouse or surviving spouse elects to terminate such veterans or spouses enrollment under an affirmed enrollment agreement, the institution may charge the veteran or spouse or surviving spouse a registration or similar fee not in excess of 10 percent of the tuition for the course, or $50, whichever is less. Where the veteran or spouse or surviving spouse elects to terminate the agreement after completion of one or more but less than 25 percent of the total number of lessons comprising the course, the institution may retain such registration or similar fee plus 25 percent of the tuition for the course. Where the veteran or spouse or surviving spouse elects to terminate the agreement after completion of 25 percent but less than 50 percent of the lessons comprising the course, the institution may retain the full registration or similar fee plus 50 percent of the course tuition. If 50 percent or more of the lessons are completed, no refund of tuition is required.
(Added Pub. L. 92540, title III, § 316(1), Oct. 24, 1972, 86 Stat. 1084, § 1786; amended Pub. L. 93508, title I, § 104(1), Dec. 3, 1974, 88 Stat. 1580; Pub. L. 93602, title II, § 205(a), Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94502, title V, §§ 501(1), 513(a)(18), Oct. 15, 1976, 90 Stat. 2398, 2403; Pub. L. 95202, title I, § 104(1), Nov. 23, 1977, 91 Stat. 1435; Pub. L. 96466, title II, §§ 203(2), 213(2), title VI, § 604, Oct. 17, 1980, 94 Stat. 2189, 2191, 2209; Pub. L. 9735, title XX, § 2004(a), Aug. 13, 1981, 95 Stat. 782; Pub. L. 97174, § 5(a), May 4, 1982, 96 Stat. 75; Pub. L. 97295, § 4(56), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 98543, title II, § 204(1), Oct. 24, 1984, 98 Stat. 2742; Pub. L. 101237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3686 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103446, title VI, § 605(a)(2)(C), Nov. 2, 1994, 108 Stat. 4672; Pub. L. 109444, § 3(c)(1), Dec. 21, 2006, 120 Stat. 3307; Pub. L. 109461, title III, § 301(c)(1), title X, § 1006(b), Dec. 22, 2006, 120 Stat. 3427, 3468; Pub. L. 110389, title III, § 323, Oct. 10, 2008, 122 Stat. 4168.)
## Notes
Editorial Notes
Amendments2008—Subsec. (b). Pub. L. 110389 substituted “five” for “ten”. 2006—Subsec. (a)(1). Pub. L. 109461, § 1006(b), provided that as of the enactment of Pub. L. 109461, the amendments made by Pub. L. 109444 were deemed for all purposes not to have taken effect and that Pub. L. 109444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109461, set out as a Coordination of Provisions With Pub. L. 109444 note under section 101 of this title. Pub. L. 109461, § 301(c)(1), substituted “(D), or (E)” for “or (D)”. Pub. L. 109444, which substituted “(D), or (E)” for “or (D)”, was terminated by Pub. L. 109461, § 1006(b). See Amendment notes above. 1994—Subsec. (c). Pub. L. 103446 struck out “(other than one subject to the provisions of section 3676 of this title)” before “may charge”. 1991—Pub. L. 10283, § 5(a), renumbered section 1786 of this title as this section. Subsec. (a)(1). Pub. L. 10283, § 5(c)(1), substituted “3452(a)(1)” for “1652(a)(1)” and “3501(a)(1)(B)” for “1701(a)(1)(B)”. Subsec. (c). Pub. L. 10283, § 5(c)(1), substituted “3676” for “1776”. 1989—Subsecs. (a)(3), (b). Pub. L. 101237 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans Administration”, respectively, wherever appearing. 1984—Subsec. (a)(2). Pub. L. 98543 substituted “$376” for “$342”. 1982—Subsec. (a)(3). Pub. L. 97174 added par. (3). Subsec. (c). Pub. L. 97295 substituted “percent” for “per centum” wherever appearing. 1981—Subsec. (a)(1). Pub. L. 9735 substituted “55” for “70”. 1980—Subsec. (a)(1). Pub. L. 96466, § 604, substituted “70 percent” for “90 per centum”. Subsec. (a)(2). Pub. L. 96466, § 213(2), substituted “$342” for “$327”. Pub. L. 96466, § 203(2), substituted “$327” for “$311”. 1977—Subsec. (a)(2). Pub. L. 95202 substituted “$311” for “$292”. 1976—Subsec. (a)(1). Pub. L. 94502, § 513(a)(18), substituted “spouse or surviving spouse” for “wife or widow” wherever appearing. Subsec. (a)(2). Pub. L. 94502, §§ 501(1), 513(a)(18), substituted “spouse or surviving spouse” for “wife or widow” in two places and “$292” for “$270”. Subsecs. (b), (c). Pub. L. 94502, § 513(a)(18), substituted “spouse or surviving spouse” for “wife or widow” wherever appearing and “such veterans or spouses” for “his”. 1975—Subsec. (a)(2). Pub. L. 93602 substituted “$270” for “$260”. 1974—Subsec. (a)(2). Pub. L. 93508 substituted “$260” for “220”.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentAmendment by section 301(c)(1) of Pub. L. 109461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109461, set out as a note under section 3501 of this title.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103446 applicable with respect to programs of education exclusively by correspondence and to correspondence-residence courses commencing more than 90 days after Nov. 2, 1994, see section 605(b) of Pub. L. 103446, set out as a note under section 3672 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98543 effective Oct. 1, 1984, see section 205 of Pub. L. 98543, set out as a note under section 3108 of this title.
Effective Date of 1982 AmendmentPub. L. 97174, § 5(b), May 4, 1982, 96 Stat. 76, provided that: “The amendment made by subsection (a) of this section [amending this section] shall take effect as of October 1, 1981.”
Effective Date of 1981 AmendmentPub. L. 9735, title XX, § 2004(b), Aug. 13, 1981, 95 Stat. 782, provided that: “The amendment made by subsection (a) [amending this section] shall not apply to correspondence lessons completed and submitted to the educational institution concerned before October 1, 1981.”
Effective Date of 1980 AmendmentAmendment by sections 203(2) and 213(2) of Pub. L. 96466 effective Oct. 1, 1980, and Jan. 1, 1981, respectively, see section 802(b) of Pub. L. 96466, set out as a note under section 3482 of this title. Amendment by section 604 of Pub. L. 96466 effective Oct. 1, 1980, except that such amendment not applicable to any person receiving educational assistance under chapter 34 or 35 of this title on Sept. 1, 1980, for the pursuit of a program of education in which such person is enrolled on that date, for as long as such person continuously thereafter is so enrolled and meets the requirements of eligibility for such assistance for the pursuit of such program under the provisions of such chapter and chapter 36 of this title as in effect on that date, see section 802(f) of Pub. L. 96466, set out as an Effective Date note under section 5314 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95202 effective retroactively to Oct. 1, 1977, see section 501 of Pub. L. 95202, set out as a note under section 101 of this title.
Effective Date of 1976 AmendmentAmendment by sections 501(1) and 513(a)(18) of Pub. L. 94502 effective Oct. 1, 1976, and Oct. 15, 1976, respectively, see section 703(a), (b) of Pub. L. 94502, set out as an Effective Date note under section 3693 of this title.
Effective Date of 1975 AmendmentAmendment by Pub. L. 93602 effective Jan. 1, 1975, see section 206 of Pub. L. 93602, set out as a note under section 3482 of this title.
Effective Date of 1974 AmendmentAmendment by Pub. L. 93508 effective Sept. 1, 1974, see section 501 of Pub. L. 93508, set out as a note under section 3482 of this title.
Effective DatePub. L. 92540, title VI, § 602, Oct. 24, 1972, 86 Stat. 1099, provided that: “(a) The provisions of section 1786 [now 3686] of title 38, United States Code (as added by section 316 of this Act), which apply to programs of education exclusively by correspondence, shall, as to those wives and widows made eligible for such training by that section, become effective January 1, 1973, and, as to eligible veterans, shall apply only to those enrollment agreements which are entered into on or after January 1, 1973. “(b) Notwithstanding the provisions of subsection (a) of this section, any enrollment agreement entered into by an eligible veteran prior to January 1, 1973, shall continue to be subject to the provisions of section 1682(c) of title 38, United States Code, prior to its repeal by section 303 of this Act.”
Termination of Eligibility PeriodTermination of eligibility period for a wife or widow, or an eligible person eight years from Oct. 24, 1972, see section 604 of Pub. L. 92540, set out as a note under section 3512 of this title.
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# 38 U.S.C. § 3689 - Approval requirements for licensing and certification testing
## Text
(a) In General.— (1) No payment may be made for a licensing or certification test described in section 3452(b) or 3501(a)(5) of this title unless the test is deemed approved by section 3672(b)(2)(B) of this title or the Secretary determines that the requirements of this section have been met with respect to such test and the organization or entity offering the test. The requirements of approval for tests and organizations or entities offering tests shall be in accordance with the provisions of this chapter and chapters 30, 32, 33, 34, and 35 of this title and with regulations prescribed by the Secretary to carry out this section.
(2) To the extent that the Secretary determines practicable, State approving agencies may, in lieu of the Secretary, approve licensing and certification tests, and organizations and entities offering such tests, under this section.
(b) Requirements for Tests.— (1) Subject to paragraph (2), a licensing or certification test is approved for purposes of this section only if—
(A) the test is required under Federal, State, or local law or regulation for an individual to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession; or
(B) the Secretary determines that the test is generally accepted, in accordance with relevant government, business, or industry standards, employment policies, or hiring practices, as attesting to a level of knowledge or skill required to qualify to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession.
(2) A licensing or certification test offered by a State, or a political subdivision of a State, is deemed approved by the Secretary for purposes of this section.
(c) Requirements for Organizations or Entities Offering Tests.— (1) Each organization or entity that is not an entity of the United States, a State, or political subdivision of a State, that offers a licensing or certification test for which payment may be made under chapter 30, 32, 33, 34, or 35 of this title and that meets the following requirements, shall be approved by the Secretary to offer such test:
(A) The organization or entity certifies to the Secretary that the licensing or certification test offered by the organization or entity is generally accepted, in accordance with relevant government, business, or industry standards, employment policies, or hiring practices, as attesting to a level of knowledge or skill required to qualify to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession.
(B) The organization or entity is licensed, chartered, or incorporated in a State and has offered such test, or a test to certify or license in a similar or related occupation, for a minimum of two years before the date on which the organization or entity first submits to the Secretary an application for approval under this section.
(C) The organization or entity employs, or consults with, individuals with expertise or substantial experience with respect to all areas of knowledge or skill that are measured by the test and that are required for the license or certificate issued.
(D) The organization or entity has no direct financial interest in—
(i) the outcome of the test; or
(ii) organizations that provide the education or training of candidates for licenses or certificates required for vocations or professions.
(E) The organization or entity maintains appropriate records with respect to all candidates who take the test for a period prescribed by the Secretary, but in no case for a period of less than three years.
(F) (i) The organization or entity promptly issues notice of the results of the test to the candidate for the license or certificate.
(ii) The organization or entity has in place a process to review complaints submitted against the organization or entity with respect to the test or the process for obtaining a license or certificate required for vocations or professions.
(G) The organization or entity furnishes to the Secretary such information with respect to the test as the Secretary requires to determine whether payment may be made for the test under chapter 30, 32, 33, 34, or 35 of this title, including personal identifying information, fee payment, and test results. Such information shall be furnished in the form prescribed by the Secretary.
(H) The organization or entity furnishes to the Secretary the following information:
(i) A description of the licensing or certification test offered by the organization or entity, including the purpose of the test, the vocational, professional, governmental, and other entities that recognize the test, and the license or certificate issued upon successful completion of the test.
(ii) The requirements to take the test, including the amount of the fee charged for the test and any prerequisite education, training, skills, or other certification.
(iii) The period for which the license or certificate awarded upon successful completion of the test is valid, and the requirements for maintaining or renewing the license or certificate.
(I) Upon request of the Secretary, the organization or entity furnishes such information to the Secretary that the Secretary determines necessary to perform an assessment of—
(i) the test conducted by the organization or entity as compared to the level of knowledge or skills that a license or certificate attests; and
(ii) the applicability of the test over such periods of time as the Secretary determines appropriate.
(2) With respect to each organization or entity that is an entity of the United States, a State, or political subdivision of a State, that offers a licensing or certification test for which payment may be made under chapters 30, 32, 34, or 35 of this title, the following provisions of paragraph (1) shall apply to the entity: subparagraphs (E), (F), (G), and (H).
(3) Subparagraph (G) of paragraph (1) shall not apply with respect to an educational institution located in a foreign country.
(d) Administration.— Except as otherwise specifically provided in this section or chapter 30, 32, 33, 34, or 35 of this title, in implementing this section and making payment under any such chapter for a licensing or certification test, the test is deemed to be a “course” and the organization or entity that offers such test is deemed to be an “institution” or “educational institution”, respectively, as those terms are applied under and for purposes of sections 3671, 3673, 3674, 3678, 3679, 3681, 3682, 3683, 3685, 3690, and 3696 of this title.
(e) Professional Certification and Licensure Advisory Committee.— (1) There is established within the Department a committee to be known as the Professional Certification and Licensure Advisory Committee (hereinafter in this section referred to as the “Committee”).
(2) The Committee shall advise the Secretary with respect to the requirements of organizations or entities offering licensing and certification tests to individuals for which payment for such tests may be made under chapter 30, 32, 33, 34, or 35 of this title, and such other related issues as the Committee determines to be appropriate.
(3) (A) The Secretary shall appoint seven individuals with expertise in matters relating to licensing and certification tests to serve as members of the Committee.
(B) The Secretary of Labor and the Secretary of Defense shall serve as ex officio members of the Committee.
(C) A vacancy in the Committee shall be filled in the manner in which the original appointment was made.
(4) (A) The Secretary shall appoint the chairman of the Committee.
(B) The Committee shall meet at the call of the chairman.
(5) The Committee shall terminate December 31, 2006.
(Added Pub. L. 106419, title I, § 122(c)(1), Nov. 1, 2000, 114 Stat. 1835; amended Pub. L. 107330, title III, § 308(d), Dec. 6, 2002, 116 Stat. 2828; Pub. L. 110252, title V, § 5003(b)(2)(A)(iii), June 30, 2008, 122 Stat. 2375; Pub. L. 111377, title II, § 203(a)(2)(C), Jan. 4, 2011, 124 Stat. 4125; Pub. L. 11776, § 3(c)(1), Dec. 21, 2021, 135 Stat. 1518.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3689, added Pub. L. 92540, title III, § 316(2), Oct. 24, 1972, 86 Stat. 1087, § 1789; amended Pub. L. 94502, title V, § 509(b), Oct. 15, 1976, 90 Stat. 2401; Pub. L. 95202, title III, § 305(a)(1), Nov. 23, 1977, 91 Stat. 1442; Pub. L. 96466, title VI, § 601(g), Oct. 17, 1980, 94 Stat. 2208; Pub. L. 101237, title IV, §§ 418, 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2087, 2092; renumbered § 3689, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406, related to approval of enrollment in courses in operation for less than two years, prior to repeal by Pub. L. 104275, title I, § 103(a)(1)(A), Oct. 9, 1996, 110 Stat. 3326.
Amendments2021—Subsec. (c)(3). Pub. L. 11776 added par. (3). 2011—Subsec. (a)(1). Pub. L. 111377 inserted “the test is deemed approved by section 3672(b)(2)(B) of this title or” after “unless”. 2008—Subsecs. (a)(1), (c)(1), (d), (e)(2). Pub. L. 110252 inserted “33,” after “32,” wherever appearing. 2002—Subsec. (c)(1)(B). Pub. L. 107330 substituted “such test, or a test to certify or license in a similar or related occupation,” for “the test”.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 AmendmentAmendment by Pub. L. 111377 effective Aug. 1, 2011, see section 203(e) of Pub. L. 111377, set out as a note under section 3034 of this title.
Effective Date of 2008 AmendmentAmendment by Pub. L. 110252 effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110252, set out as a note under section 16163 of Title 10, Armed Forces.
Effective DateSection effective Mar. 1, 2001, and applicable with respect to licensing and certification tests approved by the Secretary of Veterans Affairs on or after such date, see section 122(d) of Pub. L. 106419, set out as an Effective Date of 2000 Amendment note under section 3032 of this title.
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# 38 U.S.C. § 3690 - Overcharges by educational institutions; discontinuance of allowances; examination of records; false or misleading statements
## Text
(a) Overcharges by Educational Institutions.— If the Secretary finds that an educational institution has—
(1) charged or received from any eligible veteran or eligible person pursuing a program of education under this chapter or chapter 34 or 35 of this title any amount for any course in excess of the charges for tuition and fees which such institution requires similarly circumstanced nonveterans not receiving assistance under such chapters who are enrolled in the same course to pay, or
(2) instituted, after October 24, 1972, a policy or practice with respect to the payment of tuition, fees, or other charges in the case of eligible veterans and the Secretary finds that the effect of such policy or practice substantially denies to veterans the benefits of the advance allowances under such section,
the Secretary may disapprove such educational institution for the enrollment of any eligible veteran or eligible person not already enrolled therein under this chapter or chapter 31, 34, or 35 of this title.
(b) Discontinuance of Allowances.— (1) The Secretary may discontinue the educational assistance allowance of any eligible veteran or eligible person if the Secretary finds that the program of education or any course in which the veteran or person is enrolled fails to meet any of the requirements of this chapter or chapter 34 or 35 of this title, or if the Secretary finds that the educational institution offering such program or course has violated any provision of this chapter or chapter 34 or 35 of this title, or fails to meet any of the requirements of such chapters.
(2) Except as provided in paragraph (3) of this subsection, any action by the Secretary under paragraph (1) of this subsection to discontinue (including to suspend) assistance provided to any eligible veteran or eligible person under this chapter or chapter 31, 32, 34, or 35 of this title shall be based upon evidence that the veteran or eligible person is not or was not entitled to such assistance. Whenever the Secretary so discontinues any such assistance, the Secretary shall concurrently provide written notice to such veteran or person of such discontinuance and that such veteran or person is entitled thereafter to a statement of the reasons for such action and an opportunity to be heard thereon.
(3) (A) The Secretary may suspend educational assistance to eligible veterans and eligible persons already enrolled, and may disapprove the enrollment or reenrollment of any eligible veteran or eligible person, in any course as to which the Secretary has evidence showing a substantial pattern of eligible veterans or eligible persons, or both, who are receiving such assistance by virtue of their enrollment in such course but who are not entitled to such assistance because (i) the course approval requirements of this chapter are not being met, or (ii) the educational institution offering such course has violated one or more of the recordkeeping or reporting requirements of this chapter or chapter 30, 32, 33, 34, or 35 of this title.
(B) Action may be taken under subparagraph (A) of this paragraph only after—
(i) the Secretary provides to the State approving agency concerned and the educational institution concerned written notice of any such failure to meet such approval requirements and any such violation of such recordkeeping or reporting requirements;
(ii) such institution refuses to take corrective action or does not within 60 days after such notice (or within such longer period as the Secretary determines is reasonable and appropriate) take corrective action; and
(iii) the Secretary, not less than 30 days before taking action under such subparagraph, provides to each eligible veteran and eligible person already enrolled in such course written notice of the Secretarys intent to take such action (and the reasons therefor) unless such corrective action is taken within such 60 days (or within such longer period as the Secretary has determined is reasonable and appropriate), and of the date on which the Secretary intends to take action under such subparagraph.
(c) Examination of Records.— (1) Except as provided in paragraph (2), notwithstanding any other provision of law, the records and accounts of educational institutions pertaining to eligible veterans or eligible persons who received educational assistance under this chapter or chapter 31, 32, 34, or 35 of this title, as well as the records of other students which the Secretary determines necessary to ascertain institutional compliance with the requirements of such chapters, shall be available for examination by duly authorized representatives of the Government.
(2) Paragraph (1) does not apply to the records and accounts—
(A) of an educational institution located in a foreign country; and
(B) that pertain to an individual who is not receiving educational assistance under this chapter.
(d) False or Misleading Statements.— Whenever the Secretary finds that an educational institution has willfully submitted a false or misleading claim, or that a veteran or person, with the complicity of an educational institution, has submitted such a claim, the Secretary shall make a complete report of the facts of the case to the appropriate State approving agency and, where deemed advisable, to the Attorney General of the United States for appropriate action.
(Added Pub. L. 92540, title III, § 316(2), Oct. 24, 1972, 86 Stat. 1088, § 1790; amended Pub. L. 94502, title V, §§ 510, 513(a)(19), Oct. 15, 1976, 90 Stat. 2401, 2403; Pub. L. 95202, title III, § 306, Nov. 23, 1977, 91 Stat. 1445; Pub. L. 96466, title VIII, § 801(f), Oct. 17, 1980, 94 Stat. 2216; Pub. L. 97295, § 4(59), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 97306, title II, § 207, Oct. 14, 1982, 96 Stat. 1435; Pub. L. 101237, title IV, § 423(a)(9), (b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3690, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 10286, title V, § 506(b)(1), Aug. 14, 1991, 105 Stat. 426; Pub. L. 109233, title V, § 503(8)(A), June 15, 2006, 120 Stat. 416; Pub. L. 110252, title V, § 5003(b)(2)(A)(iv), June 30, 2008, 122 Stat. 2375; Pub. L. 11776, § 3(c)(2), Dec. 21, 2021, 135 Stat. 1519.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising subsec. (a) were contained in former section 1685, as added by Pub. L. 89358, § 2, Mar. 3, 1966, 80 Stat. 19, § 1684; renumbered Pub. L. 9077, title III, § 304(a), Aug. 31, 1967, 81 Stat. 186, and former section 1734, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1199; Pub. L. 89358, § 4(m), Mar. 3, 1966, 80 Stat. 25; provisions similar to those comprising subsec. (b) were contained in former section 1687, as added by Pub. L. 89358, § 2, Mar. 3, 1966, 80 Stat. 19, § 1686; renumbered Pub. L. 9077, title III, § 304(a), Aug. 31, 1967, 81 Stat. 186; and former section 1736, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1199; Pub. L. 88126, § 2, Sept. 23, 1963, 77 Stat. 162; Pub. L. 89358, § 4(o), Mar. 3, 1966, 80 Stat. 25; provisions similar to those comprising subsec. (c) were contained in former section 1786, as added by Pub. L. 89358, § 3(b), Mar. 3, 1966, 80 Stat. 23; and provisions similar to those comprising subsec. (d) were contained in former section 1787, as added by Pub. L. 89358, § 3(b), Mar. 3, 1966, 80 Stat. 23; prior to the general revision by Pub. L. 92540.
Amendments2021—Subsec. (c). Pub. L. 11776 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), notwithstanding” for “Notwithstanding”, and added par. (2). 2008—Subsec. (b)(3)(A). Pub. L. 110252 inserted “33,” after “32,”. 2006—Pub. L. 109233 revised style of subsec. headings. 1991—Pub. L. 10283 renumbered section 1790 of this title as this section. Subsec. (b). Pub. L. 10286 made technical amendment to directory language of Pub. L. 101237, § 423(b)(2). See 1989 Amendment note below. 1989—Subsec. (a). Pub. L. 101237, § 423(a)(9)(A), (b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing and struck out “and prepayment” after “advance” in par. (2). Subsec. (b). Pub. L. 101237, § 423(a)(9)(B), (C), (b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing, inserted “30,” before “32” in par. (3)(A), and in par. (3)(B) substituted “(B)” for “(B)(i)” and redesignated subcls. (I), (II), and (III) as cls. (i), (ii), and (iii), respectively. Pub. L. 101237, § 423(b)(2), as amended by Pub. L. 10286, substituted “Secretarys” for “Administrators” in par. (3)(B)(iii). Subsecs. (c), (d). Pub. L. 101237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing. 1982—Subsec. (a). Pub. L. 97295, § 4(59)(A), substituted “after October 24, 1972” for “after the effective date of section 1780 of this title” in par. (2), and struck out the comma after “or 35” in provisions following par. (2). Subsec. (b)(1). Pub. L. 97295, § 4(59)(B), inserted “of this title” after “provision of this chapter or chapter 34 or 35”. Subsec. (b)(2). Pub. L. 97306, § 207(1), substituted “Except as provided in paragraph (3) of this subsection, any” for “Any”. Subsec. (b)(3). Pub. L. 97306, § 207(2), added par. (3). 1980—Subsec. (b)(2). Pub. L. 96466 substituted “for” for “therefor”. 1977—Subsec. (b). Pub. L. 95202 designated existing provisions as par. (1) and added par. (2). 1976—Subsec. (a). Pub. L. 94502, § 513(a)(19), substituted “the Administrator may disapprove” for “he may disapprove”. Subsec. (b). Pub. L. 94502, § 513(a)(19), substituted “if the Administrator finds” for “if he finds” in two places. Subsec. (c). Pub. L. 94502, § 510, substituted “chapter 31, 32, 34, or 35” for “chapter 31, 34, or 35” and required the records of other students which the Administrator determines necessary to ascertain institutional compliance to be available for inspection. Subsec. (d). Pub. L. 94502, § 513(a)(19), substituted “the Administrator shall make” for “he shall make”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110252 effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110252, set out as a note under section 16163 of Title 10, Armed Forces.
Effective Date of 1991 AmendmentPub. L. 10286, title V, § 506(b), Aug. 14, 1991, 105 Stat. 426, provided that the amendment made by section 506(b)(1) is effective as of Dec. 18, 1989.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96466 effective Oct. 1, 1980, see section 802(h) of Pub. L. 96466, set out as a note under section 3452 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95202 effective Nov. 23, 1977, see section 501 of Pub. L. 95202, set out as a note under section 101 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94502, set out as an Effective Date note under section 3693 of this title.
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# 38 U.S.C. § 3691 - Change of program
## Text
(a) Except as provided in subsections (b) and (c) of this section, each eligible veteran and eligible person may make not more than one change of program of education, but an eligible veteran or eligible person whose program has been interrupted or discontinued due to the veterans or persons own misconduct, the veterans or persons own neglect, or the veterans or persons own lack of application shall not be entitled to any such change.
(b) The Secretary, in accordance with procedures that the Secretary may establish, may approve a change other than a change under subsection (a) of this section (or an initial change in the case of a veteran or person not eligible to make a change under subsection (a)) in program if the Secretary finds that—
(1) the program of education which the eligible veteran or eligible person proposes to pursue is suitable to the veterans or persons aptitudes, interests, and abilities; and
(2) in any instance where the eligible veteran or eligible person has interrupted, or failed to progress in, the veterans or persons program due to the veterans or persons own misconduct, the veterans or persons own neglect, or the veterans or persons own lack of application, there exists a reasonable likelihood with respect to the program which the eligible veteran or eligible person proposes to pursue that there will not be a recurrence of such an interruption or failure to progress.
(c) The Secretary may also approve additional changes in program if the Secretary finds such changes are necessitated by circumstances beyond the control of the eligible veteran or eligible person.
(d) (1) For the purposes of this section, the term “change of program of education” shall not be deemed to include a change by a veteran or eligible person from the pursuit of one program to the pursuit of another program if—
(A) the veteran or eligible person has successfully completed the former program;
(B) the program leads to a vocational, educational, or professional objective in the same general field as the former program;
(C) the former program is a prerequisite to, or generally required for, pursuit of the subsequent program;
(D) in the case of a change from the pursuit of a subsequent program to the pursuit of a former program, the veteran or eligible person resumes pursuit of the former program without loss of credit or standing in the former program; or
(E) the change from the program to another program is at the same educational institution and such educational institution determines that the new program is suitable to the aptitudes, interests, and abilities of the veteran or eligible person and certifies to the Secretary the enrollment of the veteran or eligible person in the new program.
(2) A veteran or eligible person undergoing a change from one program of education to another program of education as described in paragraph (1)(E) shall not be required to apply to the Secretary for approval of such change.
(Added Pub. L. 92540, title III, § 316(2), Oct. 24, 1972, 86 Stat. 1089, § 1791; amended Pub. L. 94502, title V, § 513(a)(20), Oct. 15, 1976, 90 Stat. 2403; Pub. L. 101237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101366, title II, § 208(a), Aug. 15, 1990, 104 Stat. 443; renumbered § 3691, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102568, title III, § 317, Oct. 29, 1992, 106 Stat. 4334; Pub. L. 110389, title III, § 324, Oct. 10, 2008, 122 Stat. 4168.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in former section 1672, as added by Pub. L. 89358, § 2, Mar. 3, 1966, 80 Stat. 15; and former section 1722, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1196, prior to repeal by sections 401(6) and 402(2) of Pub. L. 92540, respectively.
Amendments2008—Subsec. (d). Pub. L. 110389 designated existing provisions as par. (1), redesignated former pars. (1) to (4) as subpars. (A) to (D) of par. (1), respectively, and added subpar. (E) of par. (1) and par. (2). 1992—Subsec. (d). Pub. L. 102568 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “As used in this section the term change of program of education shall not be deemed to include a change from the pursuit of one program to pursuit of another where the first program is prerequisite to, or generally required for, entrance into pursuit of the second.” 1991—Pub. L. 10283 renumbered section 1791 of this title as this section. 1990—Subsec. (b). Pub. L. 101366 substituted “The Secretary, in accordance with procedures that the Secretary may establish, may approve a change other than a change under subsection (a) of this section” for “The Secretary may approve one additional change”. 1989—Subsecs. (b), (c). Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing. 1976—Subsec. (a). Pub. L. 94502 substituted “the veterans or persons” for “his” in three places. Subsec. (b). Pub. L. 94502 substituted “if the Administrator finds” for “if he finds” and “the veterans or persons” for “his” wherever appearing. Subsec. (c). Pub. L. 94502 substituted “if the Administrator finds” for “if he finds”.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentPub. L. 101366, title II, § 208(b), Aug. 15, 1990, 104 Stat. 443, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on June 1, 1991.”
Effective Date of 1976 AmendmentAmendment by Pub. L. 94502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94502, set out as an Effective Date note under section 3693 of this title.
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# 38 U.S.C. § 3691A - Withdrawal or leave of absence from certain education
## Text
(a) In General.— (1) A covered member may, after receiving orders to enter a period of covered service, withdraw or take a leave of absence from covered education.
(2) (A) The institution concerned may not take any adverse action against a covered member on the basis that such covered member withdraws or takes a leave of absence under paragraph (1).
(B) Adverse actions under subparagraph (A) include the following:
(i) The assignment of a failing grade to a covered member for covered education.
(ii) The reduction of the grade point average of a covered member for covered education.
(iii) The characterization of any absence of a covered member from covered education as unexcused.
(iv) The assessment of any financial penalty against a covered member.
(b) Withdrawal.— If a covered member withdraws from covered education under subsection (a), the institution concerned shall refund all tuition and fees (including payments for housing) for the academic term from which the covered member withdraws.
(c) Leave of Absence.— If a covered member takes a leave of absence from covered education under subsection (a), the institution concerned shall—
(1) assign a grade of “incomplete” (or equivalent) to the covered member for covered education for the academic term from which the covered member takes such leave of absence; and
(2) to the extent practicable, permit the covered member, upon completion of the period covered service, to complete such academic term.
(d) Definitions.— In this section:
(1) The term “covered education” means a course of education—
(A) at an institution of higher education; and
(B) paid for with educational assistance furnished under a law administered by the Secretary.
(2) The term “covered member” means a member of the Armed Forces (including the reserve components) enrolled in covered education.
(3) The term “covered service” means—
(A) active service or inactive-duty training, as such terms are defined in section 101 of title 10; or
(B) State active duty, as defined in section 4303 of this title.
(4) The term “institution concerned” means, with respect to a covered member, the institution of higher education where the covered member is enrolled in covered education.
(5) The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(6) The term “period of covered service” means the period beginning on the date on which a covered member enters covered service and ending on the date on which the covered member is released from covered service or dies while in covered service.
(Added Pub. L. 117328, div. U, title II, § 216(a), Dec. 29, 2022, 136 Stat. 5455.)
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# 38 U.S.C. § 3692 - Advisory committee
## Text
(a) There shall be a Veterans Advisory Committee on Education formed by the Secretary which shall be composed of persons who are eminent in their respective fields of education, labor, and management and of representatives of institutions and establishments furnishing education to eligible veterans or persons enrolled under chapter 30, 32, 33, or 35 of this title and chapter 1606 of title 10. The committee shall also, to the maximum extent practicable, include a representative sample of veterans and other individuals who have used, or may in the future use, educational assistance benefits administered by the Secretary. The Assistant Secretary of Education for Postsecondary Education (or such other comparable official of the Department of Education as the Secretary of Education may designate) and the Assistant Secretary of Labor for Veterans Employment and Training shall be ex officio members of the advisory committee.
(b) The Secretary shall consult with and seek the advice of the committee from time to time with respect to the administration of this chapter, chapters 30, 32, 33, and 35 of this title, and chapter 1606 of title 10. The committee may make such reports and recommendations as it considers desirable to the Secretary and the Congress.
(c) The committee shall remain in existence until December 31, 2026.
(Added Pub. L. 89358, § 3(b), Mar. 3, 1966, 80 Stat. 23, § 1788; renumbered § 1792 and amended Pub. L. 92540, title III, § 316(2), (3), Oct. 24, 1972, 86 Stat. 1086, 1089; Pub. L. 96466, title III, § 346, Oct. 17, 1980, 94 Stat. 2200; Pub. L. 99576, title III, § 304, Oct. 28, 1986, 100 Stat. 3269; Pub. L. 100689, title I, § 123, Nov. 18, 1988, 102 Stat. 4174; Pub. L. 101237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 10225, title III, § 338, Apr. 6, 1991, 105 Stat. 91; Pub. L. 10254, § 14(c)(7), June 13, 1991, 105 Stat. 285; renumbered § 3692, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103210, § 2(d), Dec. 20, 1993, 107 Stat. 2497; Pub. L. 103446, title VI, § 608, Nov. 2, 1994, 108 Stat. 4672; Pub. L. 108183, title III, § 307, Dec. 16, 2003, 117 Stat. 2661; Pub. L. 110252, title V, § 5003(b)(2)(A)(v), June 30, 2008, 122 Stat. 2375; Pub. L. 111275, title I, § 102, Oct. 13, 2010, 124 Stat. 2866; Pub. L. 11359, § 12, Dec. 20, 2013, 127 Stat. 663; Pub. L. 113175, title III, § 301, Sept. 26, 2014, 128 Stat. 1904; Pub. L. 11458, title II, § 201, Sept. 30, 2015, 129 Stat. 533; Pub. L. 114228, title II, § 201, Sept. 29, 2016, 130 Stat. 938; Pub. L. 114315, title IV, § 413, Dec. 16, 2016, 130 Stat. 1562; Pub. L. 11548, title III, § 306, Aug. 16, 2017, 131 Stat. 993; Pub. L. 117180, div. E, title IV, § 404, Sept. 30, 2022, 136 Stat. 2139.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1190, which was classified to former section 1662 of this title, prior to repeal by section 4(a) of Pub. L. 89358.
Amendments2022—Subsec. (c). Pub. L. 117180 substituted “December 31, 2026” for “December 31, 2022”. 2017—Subsec. (c). Pub. L. 11548 substituted “December 31, 2022” for “December 31, 2017”. 2016—Subsec. (a). Pub. L. 114315 substituted “a representative sample of veterans and other individuals who have used, or may in the future use, educational assistance benefits administered by the Secretary.” for “veterans representative of World War II, the Korean conflict era, the post-Korean conflict era, the Vietnam era, the post-Vietnam era, and the Persian Gulf War.” Subsec. (c). Pub. L. 114228 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (c). Pub. L. 11458 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (c). Pub. L. 113175 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (c). Pub. L. 11359 substituted “December 31, 2014” for “December 31, 2013”. 2010—Subsec. (c). Pub. L. 111275 substituted “December 31, 2013” for “December 31, 2009”. 2008—Subsecs. (a), (b). Pub. L. 110252 inserted “33,” after “32,”. 2003—Subsec. (a). Pub. L. 108183, § 307(a), (c)(1), substituted “chapter 1606” for “chapter 106” in first sentence and inserted “, to the maximum extent practicable,” after “The committee shall also” in second sentence. Subsec. (b). Pub. L. 108183, § 307(c), substituted “chapters 30” for “chapter 30” and “chapter 1606” for “chapter 106”. Subsec. (c). Pub. L. 108183, § 307(b), substituted “December 31, 2009” for “December 31, 2003”. 1994—Subsec. (a). Pub. L. 103446, § 608(1), struck out “34,” after “chapter 30, 32,” and inserted “and chapter 106 of title 10” after “of this title”. Subsec. (b). Pub. L. 103446, § 608(2), substituted “this chapter, chapter 30, 32, and 35 of this title, and chapter 106 of title 10” for “this chapter and chapters 30, 32, 34, and 35 of this title”. Subsec. (c). Pub. L. 103446, § 608(3), substituted “December 31, 2003” for “December 31, 1994”. 1993—Subsec. (c). Pub. L. 103210 substituted “1994” for “1993”. 1991—Pub. L. 10283 renumbered section 1792 of this title as this section. Subsec. (a). Pub. L. 10254 inserted “and Training” after “Employment”. Pub. L. 10225 substituted “the post-Vietnam era, and the Persian Gulf War” for “and the post-Vietnam era”. 1989—Subsecs. (a), (b). Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing. 1988—Subsec. (c). Pub. L. 100689 substituted “1993” for “1989”. 1986—Subsec. (a). Pub. L. 99576, § 304(1), substituted “a Veterans Advisory Committee on Education” for “an advisory committee”, and inserted reference to chapter 30. Subsec. (b). Pub. L. 99576, § 304(2), inserted reference to chapter 30. 1980—Pub. L. 96466 designated existing provisions as subsecs. (a) and (b), substituted reference to furnishing education to eligible veterans or persons enrolled under chapter 32, 34, or 35 of this title for reference to furnishing vocational rehabilitation under chapter 31 of this title or education to eligible persons or veterans enrolled under chapter 34 or 35 of this title, reference to the Assistant Secretary of Education for Postsecondary Education or other comparable official and the Assistant Secretary of Labor for Veterans Employment, for reference to the Commissioner of Education and the Administrator, Manpower Administration, Department of Labor, and reference to seeking the advice of the committee with respect to the administration of this chapter and chapters 32, 34, and 35 of this title for reference to advising the committee with respect to the administration of this chapter and chapters 31, 34, and 35 of this title, and inserted provision that the committee include veterans representative of the post-Vietnam era, and added subsec. (c). 1972—Pub. L. 92540, § 316(3), inserted provisions that the Committee also include veterans representative of World War II, the Korean conflict era, the post-Korean conflict era and the Vietnam era.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110252 effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110252, set out as a note under section 16163 of Title 10, Armed Forces.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(c) of Pub. L. 96466, set out as a note under section 3452 of this title.
Termination of Advisory CommitteesAdvisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
Commission To Assess Veterans Education PolicyPub. L. 99576, title III, § 320, Oct. 28, 1986, 100 Stat. 3275, as amended by Pub. L. 100323, § 14, May 20, 1988, 102 Stat. 574, provided for establishment of a Commission on Veterans Education Policy, provided for appointment of members of Commission not later than Mar. 1, 1987, directed Commission to submit a report, not later than 18 months after at least 8 members had been appointed, to Committees on Veterans Affairs of Senate and House of Representatives, containing the Commissions findings and recommendations on various matters relating to veterans education, directed Administrator of Veterans Affairs to file interim and final reports, not later than 2 years after Commissions report, to those Committees responding to Commissions report, and provided for termination of Commission 90 days after Administrator submitted final report.
Study of Educational Assistance Programs for Veterans, Survivors, and Dependents; Submission to Congress and President by September 30, 1979Pub. L. 95202, title III, § 304(b), Nov. 23, 1977, 91 Stat. 1442, directed Administrator of Veterans Affairs, in consultation with Advisory Committee formed pursuant to this section, to conduct a study respecting operation of programs of educational assistance carried out under this chapter and chapter 34 of this title and that a report concerning such study be submitted to Congress not later than Sept. 30, 1979.
Study of Operation of Post-Korean Conflict Programs of Educational AssistancePub. L. 92540, title IV, § 413, Oct. 24, 1972, 86 Stat. 1093, provided for a comparative study of operation of post-Korean conflict program of educational assistance with similar prior programs available to veterans of World War II and Korean conflict, the results of such study and recommendations for improvement to be transmitted to President and Congress within six months of Oct. 24, 1972.
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# 38 U.S.C. § 3693 - Compliance surveys
## Text
(a) (1) Except as provided in subsection (b), the Secretary shall conduct an annual compliance survey of educational institutions and training establishments offering one or more courses approved for the enrollment of eligible veterans or persons if at least 20 such veterans or persons are enrolled in any such course. The Secretary shall—
(A) design the compliance surveys to ensure that such institutions or establishments, as the case may be, and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title;
(B) survey each such educational institution and training establishment not less than once during every 2-year period; and
(C) assign not fewer than 1 education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year.
(2) The Secretary, in consultation with the State approving agencies, shall—
(A) annually determine the parameters of the surveys required under paragraph (1); and
(B) not later than September 1 of each year, make available to the State approving agencies a list of the educational institutions and training establishments that will be surveyed during the fiscal year following the date of making such list available.
(b) The Secretary may waive the requirement in subsection (a)(1) for a compliance survey with respect to an educational institution or training establishment if the Secretary determines, based on the record of compliance of such institution or establishment with all the applicable provisions of chapters 30 through 36 of this title, that the waiver would be appropriate and in the best interest of the United States Government.
(c) To the maximum extent feasible, the Secretary, or a State approving agency, as applicable, shall provide not more than 10 business days of notice to an educational institution or training establishment before conducting a compliance survey of the institution or establishment under this section.
(d) In this section, the terms “educational institution” and “training establishment” have the meanings given such terms in section 3452 of this title.
(Added Pub. L. 94502, title V, § 511(1), Oct. 15, 1976, 90 Stat. 2401, § 1793; amended Pub. L. 100322, title III, § 322, May 20, 1988, 102 Stat. 535; Pub. L. 101237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3693, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 114315, title IV, § 411, Dec. 16, 2016, 130 Stat. 1561; Pub. L. 117333, § 12(b), Jan. 5, 2023, 136 Stat. 6134.)
## Notes
Editorial Notes
Amendments2023—Subsecs. (c), (d). Pub. L. 117333 added subsec. (c) and redesignated former subsec. (c) as (d). 2016—Subsec. (a). Pub. L. 114315, § 411(a)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “Except as provided in subsection (b) of this section, the Secretary shall conduct an annual compliance survey of each institution offering one or more courses approved for the enrollment of eligible veterans or persons if at least 300 veterans or persons are enrolled in such course or courses under provisions of this title or if any such course does not lead to a standard college degree. Such compliance survey shall be designed to ensure that the institution and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title. The Secretary shall assign at least one education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year.” Subsec. (b). Pub. L. 114315, § 411(b), substituted “subsection (a)(1) for a compliance survey” for “subsection (a) of this section for an annual compliance survey”, “educational institution or training establishment” for “institution”, and “record of compliance of such institution or establishment” for “institutions demonstrated record of compliance”. Subsec. (c). Pub. L. 114315, § 411(a)(2), added subsec. (c). 1991—Pub. L. 10283 renumbered section 1793 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing. 1988—Pub. L. 100322 amended section generally. Prior to amendment, section read as follows: “The Administrator shall conduct an annual compliance survey of each institution offering one or more courses approved for the enrollment of eligible veterans or persons where at least 300 veterans or persons are enrolled under provisions of this title or where the course does not lead to a standard college degree. Such compliance survey shall assure that the institution and approved courses are in compliance with all applicable provisions of chapters 31, 34, 35, and 36 of this title. The Administrator shall assign at least one education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section.”
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 94502, title VII, § 703, Oct. 15, 1976, 90 Stat. 2406, provided that: “(a) Sections 101, 201, 203, 207, 209, 301, 303, 304, 308, 501, 502, 503, and 508 [see Tables for classification] of this Act shall become effective on October 1, 1976. “(b) Sections 102, 104, 202, 204, 205(1), 205(2), 205(3), 208, 210, 211, 302, 305, 306, 309, 310, 506, 510, 511, and 513 (other than paragraphs (7), (8), (9), and (10) of subsection (a)) [see Tables for classification] of this Act shall become effective on the date of enactment of this Act [Oct. 15, 1976]. “(c) Sections 103, 205(4), 206, 307, 504, 505, 507, 509, 512, and 701 and title VI of this Act [see Tables for classification] shall become effective on December 1, 1976.”
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# 38 U.S.C. § 3694 - Use of other Federal agencies
## Text
(a) In General.— In carrying out the Secretarys functions under this chapter or chapter 34 or 35 of this title, the Secretary may utilize the facilities and services of any other Federal department or agency. Any such utilization shall be pursuant to proper agreement with the Federal department or agency concerned; and payment to cover the cost thereof shall be made either in advance or by way of reimbursement, as may be provided in such agreement.
(b) Coordination of Information Among the Departments of Veterans Affairs, Defense, and Labor With Respect to On-Job Training.— At the time of a servicemembers discharge or release from active duty service, the Secretary of Defense shall furnish to the Secretary such pertinent information concerning each registered apprenticeship pursued by the servicemember during the period of active duty service of the servicemember. The Secretary, in conjunction with the Secretary of Labor, shall encourage and assist States and private organizations to give credit to servicemembers for the registered apprenticeship program so pursued in the case of any related apprenticeship program the servicemember may pursue as a civilian.
(Added Pub. L. 89358, § 3(b), Mar. 3, 1966, 80 Stat. 23, § 1790; renumbered § 1794, Pub. L. 92540, title III, § 316(2), Oct. 24, 1972, 86 Stat. 1086; amended Pub. L. 94502, title V, § 513(a)(21), Oct. 15, 1976, 90 Stat. 2403; Pub. L. 101237, title IV, § 423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3694, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 108454, title I, § 107, Dec. 10, 2004, 118 Stat. 3603.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1183, 1201, which was classified to former sections 1644 and 1761(c) of this title, prior to repeal and amendment by sections 4(a) and 3(a)(1) of Pub. L. 89358, respectively.
Amendments2004—Pub. L. 108454 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1991—Pub. L. 10283 renumbered section 1794 of this title as this section. 1989—Pub. L. 101237 substituted “Secretarys” and “Secretary” for “Administrators” and “Administrator”, respectively. 1976—Pub. L. 94502 substituted “the Administrators” for “his”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94502, set out as an Effective Date note under section 3693 of this title.
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# 38 U.S.C. § 3695 - Limitation on period of assistance under two or more programs
## Text
(a) The aggregate period for which any person may receive assistance under two or more of the provisions of law listed below may not exceed 48 months (or the part-time equivalent thereof):
(1) Parts VII or VIII, Veterans Regulation numbered 1(a), as amended.
(2) Title II of the Veterans Readjustment Assistance Act of 1952.
(3) The War Orphans Educational Assistance Act of 1956.
(4) Chapters 30, 32, 33, 34, and 36.
(5) Chapters 107, 1606, 1607, and 1611 of title 10.
(6) Section 903 of the Department of Defense Authorization Act, 1981 (Public Law 96342, 10 U.S.C. 2141 note).
(7) The Hostage Relief Act of 1980 (Public Law 96449, 5 U.S.C. 5561 note).
(8) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99399).
(b) No person may receive assistance under chapter 31 of this title in combination with assistance under any of the provisions of law cited in subsection (a) of this section in excess of 48 months (or the part-time equivalent thereof) unless the Secretary determines that additional months of benefits under chapter 31 of this title are necessary to accomplish the purposes of a rehabilitation program (as defined in section 3101 of this title) in the individual case.
(c) The aggregate period for which any person may receive assistance under chapter 35 of this title, on the one hand, and any of the provisions of law referred to in subsection (a), on the other hand, may not exceed 81 months (or the part-time equivalent thereof).
(Added Pub. L. 90631, § 1(d)(1), Oct. 23, 1968, 82 Stat. 1331, § 1791; renumbered § 1795 and amended Pub. L. 92540, title III, § 316(2), title IV, § 403(13), Oct. 24, 1972, 86 Stat. 1086, 1090; Pub. L. 96466, title I, § 103, Oct. 17, 1980, 94 Stat. 2187; Pub. L. 98223, title II, § 203(c)(2), Mar. 2, 1984, 98 Stat. 41; Pub. L. 98525, title VII, § 703(d), Oct. 19, 1984, 98 Stat. 2564; Pub. L. 101237, title IV, § 423(a)(8)(B), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3695 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 10665, div. A, title V, § 551(b), Oct. 5, 1999, 113 Stat. 614; Pub. L. 107103, title V, § 509(d), Dec. 27, 2001, 115 Stat. 997; Pub. L. 107107, div. A, title X, § 1048(i)(8), Dec. 28, 2001, 115 Stat. 1229; Pub. L. 108375, div. A, title V, § 527(b)(2), Oct. 28, 2004, 118 Stat. 1894; Pub. L. 110252, title V, § 5003(b)(1)(B), June 30, 2008, 122 Stat. 2375; Pub. L. 112154, title IV, § 401(a), Aug. 6, 2012, 126 Stat. 1188; Pub. L. 117333, § 3(e)(3)(B)(ii), Jan. 5, 2023, 136 Stat. 6128.)
## Notes
Editorial Notes
References in TextParts VII and VIII, Veterans Regulation numbered 1(a), referred to in subsec. (a)(1), are Parts VII and VIII as added by acts Mar. 24, 1943, ch. 22, § 2, 57 Stat. 43 and June 22, 1944, ch. 268, title II, § 400(b), 58 Stat. 287 to Veterans Regulation numbered 1(a) promulgated by Ex. Ord. No. 6156, June 6, 1933, which had been classified as parts VII and VIII of chapter 12A of former Title 38, Pensions, Bonuses, and Veterans Relief, and which were repealed by Pub. L. 85857, § 14(67), Sept. 2, 1958, 72 Stat. 1272. The Veterans Readjustment Assistance Act of 1952, referred to in subsec. (a)(2), is act July 16, 1952, ch. 875, 66 Stat. 663. Title II of the Veterans Readjustment Assistance Act of 1952 was classified generally to subchapter II (§ 911 et seq.) of chapter 14 of former Title 38, which was repealed and the provisions thereof reenacted as chapter 33 (§ 1601 et seq.) of this title by Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1105. Chapter 33 of this title was repealed by Pub. L. 89358, § 4(a), Mar. 3, 1966, 80 Stat. 23. See chapter 32 (§ 3201 et seq.) of this title. The War Orphans Educational Assistance Act of 1956, referred to in subsec. (a)(3), is act June 29, 1956, ch. 476, 70 Stat. 411, which was classified generally to chapter 15 (§ 1031 et seq.) of former Title 38, which was repealed and the provisions thereof reenacted as chapter 35 of this title by Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1105. Section 903 of the Department of Defense Authorization Act, 1981, referred to in subsec. (a)(6), is section 903 of Pub. L. 96342, title IX, Sept. 8, 1980, 94 Stat. 1115, which is set out as a note under section 2141 of Title 10, Armed Forces. The Hostage Relief Act of 1980, referred to in subsec. (a)(7), is Pub. L. 96449, Oct. 14, 1980, 94 Stat. 1967, which was formerly set out as a note under section 5561 of Title 5, Government Organization and Employees. The Omnibus Diplomatic Security and Antiterrorism Act of 1986, referred to in subsec. (a)(8), is Pub. L. 99399, Aug. 27, 1986, 100 Stat. 853. For complete classification of this Act to the Code, see Short Title note set out under section 4801 of Title 22, Foreign Relations and Intercourse, and Tables.
Amendments2023—Subsec. (b). Pub. L. 117333 substituted “in section 3101” for “in section 3101(5)”. 2012—Subsec. (a)(4). Pub. L. 112154, § 401(a)(1), struck out “35,” after “34,”. Subsec. (c). Pub. L. 112154, § 401(a)(2), added subsec. (c). 2008—Subsec. (a)(4). Pub. L. 110252 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Chapters 30, 32, 34, 35, and 36 of this title, and the former chapter 33.” 2004—Subsec. (a)(5). Pub. L. 108375 inserted “1607,” after “1606,”. 2001—Subsec. (a)(5). Pub. L. 107103 and Pub. L. 107107 amended par. (5) identically, substituting “1611” for “1610”. 1999—Subsec. (a)(5). Pub. L. 10665 substituted “Chapters 107, 1606, and 1610” for “Chapters 106 and 107”. 1991—Pub. L. 10283, § 5(a), renumbered section 1795 of this title as this section. Subsec. (b). Pub. L. 10283, § 5(c)(1), substituted “3101(5)” for “1501(5)”. 1989—Subsec. (a)(8). Pub. L. 101237, § 423(a)(8)(B), added par. (8). Subsec. (b). Pub. L. 101237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”. 1984—Subsec. (a). Pub. L. 98525 inserted reference in cl. (4) to chapter 30 of this title, and in cl. (5) to chapter 106 of title 10. Pub. L. 98223, § 203(c)(2)(A), substituted “48 months” for “forty-eight months”, capitalized the first word in cls. (1) to (4), and added cls. (5) to (7). Subsec. (b). Pub. L. 98223, § 203(c)(2)(B), substituted “subsection (a)” for “clauses (1), (2), (3), and (4)” and “48” for “forty-eight”. 1980—Pub. L. 96466 designated existing provisions as subsec. (a), substituted in par. (4) “chapters 32, 34, 35, and 36 of this title and the former chapter 33;” for “chapters 31, 34, 35, and 36 of this title, and the former chapter 33”, in provisions following par. (4) struck out “, but this section shall not be deemed to limit the period for which assistance may be received under chapter 31 alone” after “(or the part-time equivalent thereof)”, and added subsec. (b). 1972—Pub. L. 92540, § 403(13), inserted reference to chapter 36 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentPub. L. 112154, title IV, § 401(b), Aug. 6, 2012, 126 Stat. 1188, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2013, and shall not operate to revive any entitlement to assistance under chapter 35 of title 38, United States Code, or the provisions of law referred to in section 3695(a) of such title, as in effect on the day before such date, that was terminated by reason of the operation of section 3695(a) of such title, as so in effect, before such date.”
Effective Date of 2008 AmendmentAmendment by Pub. L. 110252 effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110252, set out as a note under section 16163 of Title 10, Armed Forces.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96466 effective Oct. 1, 1980, see section 802(a)(6) of Pub. L. 96466, set out as a note under section 3681 of this title.
Effective DateSection effective first day of second calendar month which begins after Oct. 23, 1968, see section 6(a) of Pub. L. 90631, set out as a note under section 3500 of this title.
Revival of Entitlement Reduced by Prior Utilization of Chapter 35 AssistancePub. L. 112154, title IV, § 401(c), Aug. 6, 2012, 126 Stat. 1188, provided that: “(1) In general.—Subject to paragraph (2), in the case of an individual whose period of entitlement to assistance under a provision of law referred to in section 3695(a) of title 38, United States Code (other than chapter 35 of such title), as in effect on September 30, 2013, was reduced under such section 3695(a), as so in effect, by reason of the utilization of entitlement to assistance under chapter 35 of such title before October 1, 2013, the period of entitlement to assistance of such individual under such provision shall be determined without regard to any entitlement so utilized by the individual under chapter 35 of such title. “(2) Limitation.—The maximum period of entitlement to assistance of an individual under paragraph (1) may not exceed 81 months.”
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# 38 U.S.C. § 3696 - Prohibition on certain advertising, sales, and enrollment practices
## Text
(a) Prohibition on Engaging in Substantial Misrepresentation.— An educational institution with a course or program of education approved under this chapter, and an entity that owns such an educational institution, shall not engage in substantial misrepresentation described in subsection (b).
(b) Substantial Misrepresentation Described.— (1) Substantial misrepresentation described in this paragraph is substantial misrepresentation by an educational institution, a representative of the institution, or any person with whom the institution has an agreement to provide educational programs, marketing, advertising, recruiting or admissions services, concerning any of the following:
(A) The nature of the educational program of the institution, including misrepresentation regarding—
(i) the particular type, specific source, or nature and extent, of the accreditation of the institution or a course of education at the institution;
(ii) whether a student may transfer course credits to another institution;
(iii) conditions under which the institution will accept transfer credits earned at another institution;
(iv) whether successful completion of a course of instruction qualifies a student—
(I) for acceptance to a labor union or similar organization; or
(II) to receive, to apply to take, or to take an examination required to receive a local, State, or Federal license, or a nongovernmental certification required as a precondition for employment, or to perform certain functions in the States in which the educational program is offered, or to meet additional conditions that the institution knows or reasonably should know are generally needed to secure employment in a recognized occupation for which the program is represented to prepare students;
(v) the requirements for successfully completing the course of study or program and the circumstances that would constitute grounds for terminating the students enrollment;
(vi) whether the courses of education at the institution are recommended or have been the subject of unsolicited testimonials or endorsements by—
(I) vocational counselors, high schools, colleges, educational organizations, employment agencies, members of a particular industry, students, former students, or others; or
(II) officials of a local or State government or the Federal Government;
(vii) the size, location, facilities, or equipment of the institution;
(viii) the availability, frequency, and appropriateness of the courses of education and programs to the employment objectives that the institution states the courses and programs are designed to meet;
(ix) the nature, age, and availability of the training devices or equipment of the institution and the appropriateness to the employment objectives that the institution states the courses and programs are designed to meet;
(x) the number, availability, and qualifications, including the training and experience, of the faculty and other personnel of the institution;
(xi) the availability of part-time employment or other forms of financial assistance;
(xii) the nature and availability of any tutorial or specialized instruction, guidance and counseling, or other supplementary assistance the institution will provide students before, during, or after the completion of a course of education;
(xiii) the nature or extent of any prerequisites established for enrollment in any course of education;
(xiv) the subject matter, content of the course of education, or any other fact related to the degree, diploma, certificate of completion, or any similar document that the student is to be, or is, awarded upon completion of the course of education; and
(xv) whether the degree that the institution will confer upon completion of the course of education has been authorized by the appropriate State educational agency, including with respect to cases where the institution fails to disclose facts regarding the lack of such authorization in any advertising or promotional materials that reference such degree.
(B) The financial charges of the institution, including misrepresentation regarding—
(i) offers of scholarships to pay all or part of a course charge;
(ii) whether a particular charge is the customary charge at the institution for a course;
(iii) the cost of the program and the refund policy of the institution if the student does not complete the program;
(iv) the availability or nature of any financial assistance offered to students, including a students responsibility to repay any loans, regardless of whether the student is successful in completing the program and obtaining employment; and
(v) the students right to reject any particular type of financial aid or other assistance, or whether the student must apply for a particular type of financial aid, such as financing offered by the institution.
(C) The employability of the graduates of the institution, including misrepresentation regarding—
(i) the relationship of the institution with any organization, employment agency, or other agency providing authorized training leading directly to employment;
(ii) the plans of the institution to maintain a placement service for graduates or otherwise assist graduates to obtain employment;
(iii) the knowledge of the institution about the current or likely future conditions, compensation, or employment opportunities in the industry or occupation for which the students are being prepared;
(iv) job market statistics maintained by the Federal Government in relation to the potential placement of the graduates of the institution; and
(v) other requirements that are generally needed to be employed in the fields for which the training is provided, such as requirements related to commercial driving licenses or permits to carry firearms, and failing to disclose factors that would prevent an applicant from qualifying for such requirements, such as prior criminal records or preexisting medical conditions.
(2) In this subsection:
(A) The term “misleading statement” includes any communication, action, omission, or intimation made in writing, visually, orally, or through other means, that has the likelihood or tendency to mislead the intended recipient of the communication under the circumstances in which the communication is made. Such term includes the use of student endorsements or testimonials for an educational institution that a student gives to the institution either under duress or because the institution required the student to make such an endorsement or testimonial to participate in a program of education.
(B) The term “misrepresentation” means any false, erroneous, or misleading statement, action, omission, or intimation made directly or indirectly to a student, a prospective student, the public, an accrediting agency, a State agency, or to the Secretary by an eligible institution, one of its representatives, or any person with whom the institution has an agreement to provide educational programs, marketing, advertising, recruiting or admissions services.
(C) The term “substantial misrepresentation” means misrepresentation in which the person to whom it was made could reasonably be expected to rely, or has reasonably relied, to that persons detriment.
(c) Limitation on Certain Commissions, Bonuses, and Other Incentive Payments.— (1) An educational institution with a course or program of education approved under this chapter, and an entity that owns such an educational institution, shall not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance.
(2) In determining whether a violation of paragraph (1) has occurred, the Under Secretary for Benefits shall construe the requirements of this paragraph in accordance with the regulations and guidance prescribed by the Secretary of Education under section 487(a)(20) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(20)).
(d) Requirement to Maintain Records.— (1) To ensure compliance with this section, any educational institution offering courses approved for the enrollment of eligible persons or veterans shall maintain a complete record of all advertising, sales, or enrollment materials (and copies thereof) utilized by or on behalf of the institution during the preceding two-year period. Such record shall be available for inspection by the State approving agency or the Secretary.
(2) Such materials shall include but are not limited to any direct mail pieces, brochures, printed literature used by sales persons, films, video tapes, and audio tapes disseminated through broadcast media, material disseminated through print, digital, or electronic media, tear sheets, leaflets, handbills, fliers, and any sales or recruitment manuals used to instruct sales personnel, agents, or representatives of such institution.
(e) Agreement With Federal Trade Commission.— (1) The Secretary shall, pursuant to section 3694 of this title, enter into an agreement with the Federal Trade Commission to utilize, where appropriate, its services and facilities, consistent with its available resources, in carrying out investigations and making the Under Secretary of 11 So in original. Probably should be “for”. Benefits 22 So in original. Probably should be “Benefits ”. preliminary findings under subsection (g)(1).
(2) Such agreement shall provide that cases arising under subsection (a) of this section or any similar matters with respect to any of the requirements of this chapter or chapters 34 and 35 of this title may be referred to the Federal Trade Commission which in its discretion will conduct an investigation and make preliminary findings.
(3) The findings and results of any investigation under paragraph (2) shall be referred to the Under Secretary for Benefits, who shall take appropriate action under subsection (g) in such cases not later than 60 days after the date of such referral.
(f) Final Judgments From Other Federal Agencies.— Whenever the Secretary becomes aware of a final judgment by a Federal agency against an educational institution or owner of an educational institution pertaining to substantial misrepresentation described in subsection (b) or of other credible evidence relating to a violation of subsection (a), the Secretary, in partnership with the applicable State approving agency, shall—
(1) within 30 days, alert the educational institution or owner that it is at risk of losing approval under this chapter of its courses or programs of education;
(2) provide the educational institution or owner 60 days to provide any information it wishes to the Secretary;
(3) require the educational institution or owner to submit to the Secretary a report prepared by an approved third-party auditor of the advertising and enrollment practices of the educational institution or owner; and
(4) refer the matter to the Under Secretary of 1 Benefits, who may thereafter make a preliminary finding under subsection (g).
(g) Preliminary Findings, Final Determinations, and Processes.— (1) The Under Secretary for Benefits shall make preliminary findings and final determinations on violations of subsections (a), (c), and (d).
(2) (A) The Under Secretary shall establish a process for making preliminary findings and final determinations under paragraph (1).
(B) The process established under subparagraph (A) shall—
(i) clearly define what triggers an oversight visit by the Under Secretary for purposes of enforcing subsections (a), (c), and (d);
(ii) set forth factors an educational institution, or the owner of the educational institution, must meet in order to retain approval status under this section, including with respect to the factors set forth under subsection (h)(2);
(iii) include a process for the provision of notice to an educational institution, or the owner of the educational institution, that the Under Secretary has made a preliminary finding under paragraph (1) that the education institution or owner has violated subsection (a), (c), or (d), which the Under Secretary shall provide to the educational institution or owner within such period after making the preliminary finding as the Under Secretary shall establish for purposes of this clause, except that, in every case, such period shall end before the date on which the Under Secretary makes a final determination under such paragraph; and
(iv) include—
(I) a process for receipt of findings from a third-party pertinent to this section; and
(II) a process for an educational institution or an owner to provide such information as the educational institution or owner determines appropriate to the Secretary, including information about corrective actions the educational institution or owner may have taken in response to preliminary findings under paragraph (1).
(C) The process established under subparagraph (A) shall not prohibit a State approving agency from—
(i) independently investigating a potential violation of subsection (a), (c), or (d); or
(ii) taking action if the State approving agency finds a violation of subsection (a), (c), or (d).
(3) Upon a preliminary finding under this subsection of a violation of subsection (a), (c), or (d) by an educational institution, or the owner of an educational institution, the Under Secretary shall require the educational institution or owner to submit to the Under Secretary a report prepared by an approved third-party auditor of the advertising and enrollment practices of the educational institution or owner.
(4) (A) Before making a final determination under this subsection regarding a violation of subsection (a), (c), or (d) by an educational institution or owner of an educational institution, the Under Secretary shall—
(i) review the practices of the educational institution or owner that pertain to activities and practices covered by subsections (a), (c), and (d);
(ii) consider the results of a risk-based survey conducted by a State approving agency, if available; and
(iii) review—
(I) the findings and information received pursuant to the processes established under paragraph (2)(B)(iii);
(II) in a case in which a report was submitted under subsection (f)(3), such report;
(III) the report submitted under paragraph (3);
(IV) any findings and results submitted under subsection (e)(3);
(V) the marketing and outreach material of the educational institution and the contractors of the educational institution.
(B) The Under Secretary may not make a final determination under this subsection solely based on preliminary findings.
(5) The Under Secretary may not delegate authority to make a final determination under this subsection, including to any employee of the Department or to the Federal Trade Commission.
(h) Enforcement.— (1) (A) Upon a final determination by the Under Secretary for Benefits under subsection (g) that an educational institution or the owner of an educational institution violated subsection (a), (c), or (d), the Under Secretary shall, but subject to subparagraphs (B), (C), and (D) of this paragraph, take one of the following actions independent of any actions taken under section 3690 of this title:
(i) Publish a caution flag on the GI Bill Comparison Tool, or successor tool, about that educational institution and alert its currently enrolled eligible veterans and eligible persons.
(ii) Suspend the approval of the courses and programs of education offered by the educational institution by disapproving new enrollments of eligible veterans and eligible persons in each course or program of education offered by that educational institution.
(iii) Revoke the approval of the courses and programs of education offered by the educational institution by disapproving all enrollments of eligible veterans and eligible persons in each course or program of education offered by that educational institution.
(B) In deciding upon a course of action under subparagraph (A), for the first violation of this section, the Secretary shall consider the factors set forth in paragraph (2).
(C) Subject to subsection (i), any repeat violation and final finding within five years of the first violation of this section shall result in—
(i) a suspension of approval of new enrollments as described in subparagraph (A)(ii) of this paragraph until reinstatement under subsection (j); or
(ii) a revocation of approval under this chapter as described in subparagraph (A)(iii) of this paragraph until reinstatement under subsection (j).
(D) Subject to subsection (i), any third violation within three years of the second violation of this section shall result in revocation of approval under this chapter as described in subparagraph (A)(iii) of this paragraph until reinstatement under subsection (j).
(E) Any action taken under subparagraph (A) of this paragraph regarding a violation of subsection (a), (c), or (d) by an educational institution or the owner of an educational institution shall be taken on or before the date that is 180 days after the date on which the Under Secretary provided notice to the educational institution or owner regarding the violation in accordance with the process established under subsection (g)(2)(B)(iii).
(2) The factors set forth in this paragraph are the following:
(A) That the Secretarys action brings sufficient deterrence for future fraud against students and the programs of education carried out under this title. Fraud against veterans must be met with a repercussion strong enough to send a deterrent message to this and other educational institutions and owners.
(B) That the educational institution has secured an approved third-party auditor to verify the educational institutions, or owners, advertising and enrollment practices for at least three years going forward.
(C) That the educational institution or owner has repudiated the deceptive practices and has communicated to all employees that deceptive practices will not be tolerated, and has instituted strong governance procedures to prevent recurrence.
(D) That the educational institution has taken steps to remove any pressure on its enrollment recruiters, including by removing enrollment quotas and incentives for enrollment.
(E) That the State approving agency or the Secretary acting in the role of the State approving agency, has completed a risk-based survey and determined the educational institution is worthy of serving eligible veterans and eligible persons.
(3) Enforcement action under this section shall not preclude enforcement action under section 3690 of this title.
(4) No action may be carried out under this subsection with respect to a final determination by the Under Secretary under subsection (g) while such final determination is pending review under subsection (i).
(i) Appeals.— (1) The Secretary shall establish a process by which an educational institution or the owner of an educational institution that is the subject of more than one final determination by the Under Secretary under subsection (g)(1) that the educational institution or owner violated subsection (a), may request a review of the most recent final determination.
(2) (A) The Secretary shall—
(i) review each final determination for which a review is requested under paragraph (1); and
(ii) pursuant to such review, issue a final decision sustaining, modifying, or overturning the final determination.
(B) The Secretary may not delegate any decision under subparagraph (A).
(C) (i) Review under subparagraph (A)(i) of this paragraph shall be the exclusive avenue for review of a final determination under subsection (g)(1).
(ii) A decision issued pursuant to a review under subparagraph (A)(i) may not be appealed to the Secretary for review under section 7104(a) of this title.
(3) (A) Not later than 30 days after the date on which the Secretary issues a final decision under paragraph (2)(A)(ii), the Secretary shall submit to Congress a report on such final decision.
(B) A report submitted under subparagraph (A) shall include the following:
(i) An outline of the decisionmaking process of the Secretary that led to the final decision described in subparagraph (A).
(ii) Any relevant material used to make the final decision under paragraph (2)(A)(ii), including risk-based surveys and documentation from the educational institution or the owners of the educational institution.
(iii) Materials that were submitted to the Secretary after the date of the final determination under subsection (g) that was the subject of the final decision under paragraph (2)(A)(ii) of this subsection and before the date on which the Secretary issued such final decision.
(j) Reinstatement of Approval.— (1) If an educational institution or the owner of an educational institution has had the approval of the courses or programs of education of the educational institution suspended as described in clause (ii) of subsection (h)(1)(A) or revoked as described in clause (iii) of such subsection for a violation of subsection (a), (c), or (d) pursuant to subparagraph (C) or (D) of subsection (h)(1), the educational institution or owner may submit to the applicable State approving agency or the Secretary when acting as a State approving agency an application for reinstatement of approval under this subsection.
(2) Approval under this chapter may not be reinstated under this subsection until—
(A) the educational institution or owner submits to the applicable State approving agency or the Secretary when acting as a State approving agency an application for reinstatement of approval under paragraph (1);
(B) the date that is 540 days after the date of the most recent suspension or revocation described in paragraph (1) of the educational institution or owner;
(C) the educational institution submits a report by an approved third-party auditor on the advertising and enrollment practices of the educational institution, including those of its third-party contractors;
(D) procedures are in place to prevent any future violation of subsection (a), (c), or (d);
(E) that the educational institution has met all factors set forth in subsection (h)(2); and
(F) the Secretary agrees to such reinstatement.
(k) Rule of Construction Regarding State Approving Agencies and Risk-based Surveys.— Nothing in this section shall be construed to prohibit a State approving agency from conducting any risk-based survey the State approving agency considers appropriate at any educational institution that it considers appropriate for oversight purposes.
(l) Definitions.— In this section:
(1) The term “approved third-party auditor” means an independent third-party auditor that is approved by the Secretary for purposes of third-party audits under this section.
(2) The term “risk-based survey” means the risk-based survey developed under section 3673A of this title.
(Added Pub. L. 93508, title II, § 212(a), Dec. 3, 1974, 88 Stat. 1585, § 1796; amended Pub. L. 94502, title V, §§ 512, 513(a)(22), Oct. 15, 1976, 90 Stat. 2402, 2403; Pub. L. 98543, title IV, § 401, Oct. 24, 1984, 98 Stat. 2749; Pub. L. 101237, title IV, § 423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3696 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 112249, § 2, Jan. 10, 2013, 126 Stat. 2401; Pub. L. 116315, title I, § 1020(a)(1), Jan. 5, 2021, 134 Stat. 4950; Pub. L. 11716, § 7(a)(5), June 8, 2021, 135 Stat. 285; Pub. L. 11776, § 3(b)(3), Dec. 21, 2021, 135 Stat. 1518.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116315 amended section generally. Prior to amendment, section related to limitation on certain advertising, sales, and enrollment practices. Subsec. (c). Pub. L. 11776 designated existing provisions as par. (1), inserted “, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance” after “assistance”, and added par. (2). Subsec. (g)(4)(A)(iii)(III). Pub. L. 11716 substituted “paragraph (3)” for “paragraph (3)(B) of this subsection”. 2013—Subsec. (d). Pub. L. 112249 added subsec. (d). 1991—Pub. L. 10283, § 5(a), renumbered section 1796 of this title as this section. Subsec. (c). Pub. L. 10283, § 5(c)(1), substituted “3694” for “1794”. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing and “Secretarys” for “Administrators” in subsec. (c). 1984—Subsec. (d). Pub. L. 98543 struck out subsec. (d) which provided that not later than 60 days after the end of each fiscal year the Administrator would be required to report to Congress regarding the disposition of cases under this section. 1976—Subsec. (b). Pub. L. 94502, § 512, added subsec. (b) and redesignated former subsec. (b) as (c). Subsec. (c). Pub. L. 94502, §§ 512(1), 513(a)(22), redesignated former subsec. (b) as (c) and substituted “making the Administrators determinations” for “making his determinations”. Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 94502, § 512(1), redesignated former subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by Pub. L. 116315 effective on Aug. 1, 2021, see section 1020(c) of Pub. L. 116315, set out as a note under section 3676 of this title.
Effective Date of 1976 AmendmentAmendment by sections 512 and 513(a)(22) of Pub. L. 94502 effective Dec. 1, 1976, and Oct. 15, 1976, respectively, see section 703(b), (c) of Pub. L. 94502, set out as an Effective Date note under section 3693 of this title.
Effective DateSection effective Dec. 3, 1974, see section 503 of Pub. L. 93508, set out as an Effective Date of 1974 Amendment note under section 3452 of this title.
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# 38 U.S.C. § 3697 - Funding of contract educational and vocational counseling
## Text
(a) Subject to subsection (b) of this section, educational or vocational counseling services obtained by the Department of Veterans Affairs by contract and provided to an individual under section 3697A of this title or to an individual applying for or receiving benefits under section 1524 or chapter 30, 32, 33, 34, or 35 of this title, or chapter 106 of title 10, shall be paid for out of funds appropriated, or otherwise available, to the Department of Veterans Affairs for payment of readjustment benefits.
(b) Payments under this section shall not exceed $6,000,000 in any fiscal year.
(Added Pub. L. 100687, div. B, title XIII, § 1302(a), Nov. 18, 1988, 102 Stat. 4127, § 1797; amended Pub. L. 101237, title IV, § 423(b)(1)(B), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 10216, § 2(b)(3), Mar. 22, 1991, 105 Stat. 49; renumbered § 3697 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103446, title VI, § 609(a), Nov. 2, 1994, 108 Stat. 4673; Pub. L. 110252, title V, § 5003(b)(2)(A)(vi), June 30, 2008, 122 Stat. 2375.)
## Notes
Editorial Notes
Amendments2008—Subsec. (a). Pub. L. 110252 inserted “33,” after “32,”. 1994—Subsec. (b). Pub. L. 103446 substituted “$6,000,000” for “$5,000,000”. 1991—Pub. L. 10283, § 5(a), renumbered section 1797 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “3697A” for “1797A” and “1524” for “524”. Pub. L. 10216 inserted “under section 1797A of this title or to an individual” after “individual”. 1989—Subsec. (a). Pub. L. 101237 substituted “Department of Veterans Affairs” for “Veterans Administration” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110252 effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110252, set out as a note under section 16163 of Title 10, Armed Forces.
Effective Date of 1994 AmendmentPub. L. 103446, title VI, § 609(b), Nov. 2, 1994, 108 Stat. 4673, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1994.”
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# 38 U.S.C. § 3697A - Educational and vocational counseling
## Text
(a) The Secretary shall make available to an individual described in subsection (b) of this section, upon such individuals request, counseling services, including such educational and vocational counseling and guidance, testing, and other assistance as the Secretary determines necessary to aid the individual in selecting—
(1) an educational or training objective and an educational institution or training establishment appropriate for the attainment of such objective; or
(2) an employment objective that would be likely to provide such individual with satisfactory employment opportunities in the light of the individuals personal circumstances.
(b) For the purposes of this section, the term “individual” means an individual who—
(1) is eligible for educational assistance under chapter 30, 31, 32, or 33 of this title or chapter 106 or 107 of title 10;
(2) was discharged or released from active duty under conditions other than dishonorable if not more than one year has elapsed since the date of such last discharge or release from active duty; or
(3) is serving on active duty in any State with the Armed Forces and is within 180 days of the estimated date of such individuals discharge or release from active duty under conditions other than dishonorable, including those who are making a determination of whether to continue as members of the Armed Forces.
(c) In any case in which the Secretary has rated the individual as being incompetent, the counseling services described in subsection (a) of this section shall be required to be provided to the individual before the selection of a program of education or training.
(d) At such intervals as the Secretary determines necessary, the Secretary shall make available information concerning the need for general education and for trained personnel in the various crafts, trades, and professions. Facilities of other Federal agencies collecting such information shall be utilized to the extent the Secretary determines practicable.
(e) The Secretary shall take appropriate steps (including individual notification where feasible) to acquaint all individuals described in subsection (b) of this section with the availability and advantages of counseling services under this section.
(Added Pub. L. 10216, § 2(a), Mar. 22, 1991, 105 Stat. 48, § 1797A; renumbered § 3697A, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; amended Pub. L. 110252, title V, § 5003(b)(2)(B), June 30, 2008, 122 Stat. 2375.)
## Notes
Editorial Notes
Amendments2008—Subsec. (b)(1). Pub. L. 110252 substituted “32, or 33” for “or 32”. 1991—Pub. L. 10283 renumbered section 1797A of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110252 effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110252, set out as a note under section 16163 of Title 10, Armed Forces.
Department of Veterans Affairs Provision of Information on Articulation Agreements Between Institutions of Higher LearningPub. L. 114315, title IV, § 415, Dec. 16, 2016, 130 Stat. 1564, provided that: “(a) Information.—Department of Veterans Affairs counselors who provide educational or vocational counseling services pursuant to section 3697A of title 38, United States Code, shall provide to any eligible individual who requests such counseling services information about the articulation agreements of each institution of higher learning in which the individual is interested. “(b) Certification of Eligibility.—When the Secretary of Veterans Affairs provides to an individual a certification of eligibility for educational assistance provided by the Department of Veterans Affairs, the Secretary shall also include detailed information on such educational assistance, including information on requesting education counseling services and on articulation agreements. “(c) Definitions.—In this section:“(1) The term institution of higher learning has the meaning given such term in section 3452(f) of title 38, United States Code. “(2) The term articulation agreement has the meaning given such term in section 486A of the Higher Education Act of 1965 (Public Law 89329; 20 U.S.C. 1093a). “(d) Deadline for Implementation.—The Secretary of Veterans Affairs shall implement this section not later than 90 days after the date of the enactment of this Act [Dec. 16, 2016].”
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# 38 U.S.C. § 3698 - Comprehensive policy on providing education information to veterans
## Text
(a) Comprehensive Policy Required.— The Secretary shall develop a comprehensive policy to improve outreach and transparency to individuals entitled to educational assistance under laws administered by the Secretary of Veterans Affairs through the provision of information on institutions of higher learning.
(b) Scope.— In developing the policy required by subsection (a), the Secretary shall include each of the following elements:
(1) Effective and efficient methods to inform individuals of the educational and vocational counseling provided under section 3697A of this title.
(2) A centralized mechanism for tracking and publishing feedback from students and State approving agencies regarding the quality of instruction, recruiting practices, and post-graduation employment placement of institutions of higher learning that—
(A) provides institutions of higher learning—
(i) up to 30 days to review and respond to feedback from individuals described in subsection (a) and address issues regarding the feedback before the feedback is published; and
(ii) if an institution of higher learning contests the accuracy of the feedback, the opportunity to challenge the inclusion of such data with an official appointed by the Secretary;
(B) protects the privacy of students, including by not publishing the names of students;
(C) publishes only feedback, and responses from institutions of higher learning to such feedback, that conform with criteria for relevancy that the Secretary shall determine;
(D) for each institution of higher learning that is approved under this chapter, retains, maintains, and publishes all of such feedback for not less than six years; and
(E) is easily accessible to individuals described in subsection (a) and to the general public.
(3) The merit of and the manner in which a State approving agency shares with an accrediting agency or association recognized by the Secretary of Education under subpart 2 of part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099b) information regarding the State approving agencys evaluation of an institution of higher learning.
(4) Description of the information provided to individuals participating in the Transition Assistance Program under section 1144 of title 10 relating to institutions of higher learning.
(5) Effective and efficient methods to provide individuals described in subsection (a) with information regarding postsecondary education and training opportunities available to the individual.
(c) Postsecondary Education Information.— (1) The Secretary shall ensure that the information provided pursuant to subsection (b)(5) includes—
(A) an explanation of the different types of accreditation available to educational institutions and programs of education;
(B) for each individual described in subsection (a) seeking information provided under subsection (b)(5), the name of each Federal student aid program, and a description of each such program, from which the individual may receive educational assistance; and
(C) for each institution of higher learning, for the most recent academic year for which information is available—
(i) whether the institution is public, private nonprofit, or proprietary for-profit and a definition of each type of institution;
(ii) the name of the national or regional accrediting agency that accredits the institution, including the contact information used by the agency to receive complaints from students;
(iii) information on the State approving agency, including the contact information used by the agency to receive complaints from students;
(iv) whether the institution participates in any programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) and if so, which programs;
(v) the average annual cost and the total cost to earn an associates degree and a bachelors degree, with available cost information on any other degree or credential the institution awards;
(vi) the median amount of debt from Federal student loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) held by individuals upon completion of programs of education at the institution of higher learning (as determined from information collected by the Secretary of Education) disaggregated by—
(I) the type of beneficiary of educational assistance;
(II) individuals who received a credential and individuals who did not; and
(III) individuals using educational assistance under laws administered by the Secretary and individuals who are not;; 11So in original.
(vii) the cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), of the institution;
(viii) the total enrollment, graduation rate, and retention rate, as determined from information collected by the Integrated Postsecondary Education Data System of the Secretary of Education;
(ix) whether the institution provides students with technical support, academic support, and other support services, including career counseling and job placement;
(x) the information regarding the institutions policies related to transfer of credit from other institutions, as required under section 485(h)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(h)(1)) and provided to the Secretary of Education under section 132(i)(1)(V)(iv) of such Act (20 U.S.C. 1015a(i)(1)(V)(iv));
(xi) information on whether the institution administers a priority enrollment system that allows certain student veterans to enroll in courses earlier than other students;
(xii) information on whether the institution requires a covered individual to take additional action pursuant to section 3679(e)(4) of this title to stay enrolled in a course pending receipt of educational assistance under a law administered by the Secretary;
(xiii) whether the institution is listed on the College Navigator website as affiliated with a religion and, if so, which religious denomination;
(xiv) whether the Secretary of Education or other head of a department or agency of the Federal Government has determined that the institution is a minority serving institution and, if so, which one or more types of minority serving institutions;
(xv) whether the institution is gender specific;
(xvi) the number of veterans or members who completed covered education at the institution leading to—
(I) a degree, disaggregated by type of program, including—
(aa) an associate degree;
(bb) a bachelors degree; and
(cc) a postbaccalaureate degree; and
(II) a certificate or professional license, disaggregated by type of certificate or professional license;
(xvii) programs available and the average time for completion of each program;
(xviii) employment rate and median income of graduates of the institution in general two and five years after graduation, disaggregated by—
(I) specific program; and
(II) individuals using educational assistance under laws administered by the Secretary and individuals who are not; and
(xix) the number of individuals using educational assistance under laws administered by the Secretary who are enrolled in the both the 1 institution and specific program per year.
(2) (A) To the extent practicable, the Secretary shall provide the information described in paragraph (1) by including hyperlinks on the Internet website of the Department to other Internet websites that contain such information, including the Internet website of the Department of Education, in a form that is comprehensive and easily understood by veterans, members of the Armed Forces, and other individuals. To the extent practicable, the Secretary shall ensure that such information is provided in a searchable format.
(B) The Secretary shall ensure that information provided pursuant to subsection (b)(5) is provided in a manner that is easy for, and accessible to, individuals described in subsection (a).
(C) In providing information pursuant to subsection (b)(5), the Secretary shall maintain the anonymity of individuals described in subsection (a) and, to the extent that a portion of any data would undermine such anonymity, ensure that such data is not made available pursuant to such subsection.
(3) (A) If the Secretary of Veterans Affairs requires, for purposes of providing information pursuant to subsection (b)(5), information that has been reported, or information that is similar to information that has been reported, by an institution of higher learning to the Secretary of Education, the Secretary of Defense, the Secretary of Labor, or the heads of other Federal agencies under a provision of law other than under this section, the Secretary of Veterans Affairs shall obtain the information the Secretary of Veterans Affairs requires from the Secretary or head with the information rather than the institution of higher learning.
(B) If the Secretary of Veterans Affairs requires, for purposes of providing information pursuant to subsection (b)(5), information from an institution of higher learning that has not been reported to another Federal agency, the Secretary shall, to the degree practicable, obtain such information through the Secretary of Education.
(d) Consistency With Existing Education Policy.— In carrying out this section, the Secretary shall ensure that—
(1) the comprehensive policy is consistent with any requirements and initiatives resulting from Executive Order No. 13607; and
(2) the efforts of the Secretary to implement the comprehensive policy do not duplicate the efforts being taken by any Federal agencies.
(e) Communication With Institutions of Higher Learning.— To the extent practicable, if the Secretary considers it necessary to communicate with an institution of higher learning to carry out the comprehensive policy required by subsection (a), the Secretary shall carry out such communication through the use of a communication system of the Department of Education.
(f) Definitions.— In this section:
(1) The term “institution of higher learning” has the meaning given that term in section 3452(f) of this title.
(2) The term “postsecondary education and training opportunities” means any postsecondary program of education, including apprenticeships and on-job training, for which the Secretary of Veterans Affairs provides assistance to a veteran or member of the Armed Forces.
(3) The term “College Navigator website” has the meaning given that term in section 132 of the Higher Education Act 22 So in original. Probably should be followed by “of 1965”. (20 U.S.C. 1015a).
(4) The term “minority serving institution” means any of the following:
(A) A part B institution, as such term is defined in section 322(2) of the Higher Education Act 2 (20 U.S.C. 1061(2)).
(B) A Hispanic-serving institution, as such term is defined in section 502(a)(5) of such Act (20 U.S.C. 1101a(5)).
(C) A Tribal College or University, as such term is defined in section 316(b)(3) of such Act (20 U.S.C. 1059c(b)(3)).
(D) A predominantly Black institution, as such term is defined in section 318(b)(6) of such Act (20 U.S.C. 1059e(b)(6)).
(E) A Native American-serving, nontribal institution, as such term is defined in section 319(b)(2) of such Act (20 U.S.C. 1059f(b)(6)).
(F) An Alaska Native-serving institution or Native Hawaiian-serving institution, as such terms are defined in section 317(b) of such Act (20 U.S.C. 1059d(b)).
(G) An Asian American and Native American Pacific Islander-serving institution, as such term is defined in section 320(b) of such Act (20 U.S.C. 1059g(b)).
(Added Pub. L. 112249, § 1(a)(1), Jan. 10, 2013, 126 Stat. 2398; amended Pub. L. 11548, title III, § 303, Aug. 16, 2017, 131 Stat. 991; Pub. L. 115407, title I, § 104, Dec. 31, 2018, 132 Stat. 5371; Pub. L. 11716, § 3(a), (b), June 8, 2021, 135 Stat. 282; Pub. L. 118210, title II, § 215(b)(3)(c)(1), Jan. 2, 2025, 138 Stat. 27752777.)
## Notes
Editorial Notes
References in TextThe Higher Education Act of 1965, referred to in subsecs. (b)(3) and (c)(1)(C)(iv), (vi), is Pub. L. 89329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20, Education. Subpart 2 of part H of title IV of the Act is classified generally to subpart 2 (§ 1099b) of part H of subchapter IV of chapter 28 of Title 20. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. Executive Order No. 13607, referred to in subsec. (d)(1), is set out as a note under section 3301 of this title.
Prior ProvisionsA prior section 3698, added Pub. L. 93508, title III, § 301(a), Dec. 3, 1974, 88 Stat. 1589, § 1798; amended Pub. L. 94502, title V, §§ 502(a), 513(a)(23), Oct. 15, 1976, 90 Stat. 2399, 2403; Pub. L. 95202, title I, § 104(3), title II, § 202, Nov. 23, 1977, 91 Stat. 1435, 1438; Pub. L. 95476, title II, § 201, Oct. 18, 1978, 92 Stat. 1502; Pub. L. 96466, title II, §§ 203(4), 213(4), title VI, §§ 601(h), 603(b), title VIII, § 801(g), Oct. 17, 1980, 94 Stat. 2189, 2191, 2208, 2209, 2216; Pub. L. 9735, title XX, § 2005(d), Aug. 13, 1981, 95 Stat. 783; Pub. L. 97295, § 4(60), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 97306, title II, § 208, Oct. 14, 1982, 96 Stat. 1436; Pub. L. 98543, title II, § 204(3), Oct. 24, 1984, 98 Stat. 2742; Pub. L. 100689, title I, § 124(b), Nov. 18, 1988, 102 Stat. 4174; Pub. L. 101237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 10216, § 5(a), Mar. 22, 1991, 105 Stat. 50; renumbered § 3698 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406, related to eligibility for loans under former subchapter III of this chapter, prior to repeal by Pub. L. 108183, title III, § 306(e), (h)(2), Dec. 16, 2003, 117 Stat. 2661, effective 90 days after Dec. 16, 2003.
Amendments2025—Subsec. (a). Pub. L. 118210, § 215(b)(3)(A), substituted “individuals entitled to educational assistance under laws administered by the Secretary of Veterans Affairs” for “veterans and members of the Armed Forces”. Subsec. (b)(2)(A). Pub. L. 118210, § 215(c)(1)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “allows institutions of higher learning to verify feedback and address issues regarding feedback before the feedback is published;”. Subsec. (b)(2)(C). Pub. L. 118210, § 215(c)(1)(C), substituted “, and responses from institutions of higher learning to such feedback, that conform with criteria for relevancy that the Secretary shall determine;” for “that conforms with criteria for relevancy that the Secretary shall determine.” Subsec. (b)(2)(D), (E). Pub. L. 118210, § 215(c)(1)(B), (D), added subpars. (D) and (E). Subsec. (b)(5). Pub. L. 118210, § 215(b)(3)(B), substituted “individuals described in subsection (a)” for “veterans and members of the Armed Forces” and “the individual” for “the veteran or member”. Subsec. (c)(1)(B). Pub. L. 118210, § 215(b)(4)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: “a description of Federal student aid programs; and”. Subsec. (c)(1)(C)(i). Pub. L. 118210, § 215(b)(4)(B)(i), inserted “and a definition of each type of institution” before semicolon at end. Subsec. (c)(1)(C)(iv). Pub. L. 118210, § 215(b)(4)(B)(ii), inserted “and if so, which programs” before semicolon at end. Subsec. (c)(1)(C)(v). Pub. L. 118210, § 215(b)(4)(B)(iii), added cl. (v) and struck out former cl. (v) which read as follows: “the tuition and fees;”. Subsec. (c)(1)(C)(vi). Pub. L. 118210, § 215(b)(4)(B)(iv), inserted “disaggregated by—” after “Secretary of Education)” and added subcls. (I) to (III). Subsec. (c)(1)(C)(xvi) to (xix). Pub. L. 118210, § 215(b)(4)(B)(v)(vii), added cls. (xvi) to (xix). Subsec. (c)(2). Pub. L. 118210, § 215(b)(5), designated existing provisions as subpar. (A) and added subpars. (B) and (C). 2021—Subsec. (c)(1)(C)(xiii) to (xv). Pub. L. 11716, § 3(a)(1), added cls. (xiii) to (xv). Subsec. (c)(2). Pub. L. 11716, § 3(a)(2), inserted at end “To the extent practicable, the Secretary shall ensure that such information is provided in a searchable format.” Subsec. (f)(3), (4). Pub. L. 11716, § 3(b), added pars. (3) and (4). 2018—Subsec. (c)(1)(C)(xii). Pub. L. 115407 added cl. (xii). 2017—Subsec. (c)(1)(C)(xi). Pub. L. 11548 added cl. (xi).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPub. L. 11716, § 3(c), June 8, 2021, 135 Stat. 283, provided that: “The amendments made by this section [amending this section] shall apply with respect to the information provided under section 3698 of title 38, United States Code, beginning on the date that is two years after the date of the enactment of this Act [June 8, 2021].”
Improving Transparency and Accountability of Educational Institutions for Purposes of Veterans Educational AssistancePub. L. 118210, title II, § 215, Jan. 2, 2025, 138 Stat. 2774, provided that: “(a) Requirement Relating to G.I. Bill Comparison Tool.—“(1) Requirement to maintain tool.—The Secretary of Veterans Affairs shall maintain the G.I. Bill Comparison Tool that was established pursuant to Executive Order 13607 [38 U.S.C. 3301 note] (77 Fed. Reg. 25861; relating to establishing principles of excellence for educational institutions serving service members, veterans, spouses, and other family members) and in effect on the day before the date of enactment of this Act [Jan. 2, 2025], or a successor tool, to provide relevant and timely information about programs of education approved under chapter 36 of title 38, United States Code, and the educational institutions that offer such programs. “(2) Data retention.—The Secretary shall ensure that historical data that is reported via the tool maintained under paragraph (1) remains easily and prominently accessible on the benefits.va.gov website, or a successor website, for a period of not less than six years from the date of initial publication. “(b) Providing Timely and Relevant Education Information to Veterans, Members of the Armed Forces, and Other Individuals.—“(1) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Education, the Secretary of the Treasury, and the heads of other relevant Federal agencies, shall make such changes to the tool maintained under subsection (a) as the Secretary of Veterans Affairs determines appropriate to ensure that such tool is an effective and efficient method for providing information pursuant to section 3698(b)(5) of title 38, United States Code. “(2) Memorandum of understanding required.—Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into a memorandum of understanding with the Secretary of Education and the heads other relevant Federal agencies, as the Secretary of Veterans Affairs determines appropriate, to obtain information on outcomes with respect to individuals who are entitled to educational assistance under the laws administered by the Secretary of Veterans Affairs and who are attending educational institutions. Such memorandum of understanding may include data sharing or computer matching agreements. “(3) Modification of scope of comprehensive policy on providing education information.— [Amended this section.] “(4) G.I. bill comparison tool required disclosures.— [Amended this section.] “(5) Clarity and anonymity of information provided.— [Amended this section.] “(c) Improvements for Student Feedback.— [Amended this section.] “(d) Training for Provision of Education Counseling Services.—“(1) In general.—Not less than one year after the date of the enactment of this Act, the Secretary shall ensure that personnel employed by the Department of Veteran Affairs, or a contractor of the Department, to provide education benefits counseling, vocational or transition assistance, or similar functions, including employees or contractors of the Department who provide such counseling or assistance as part of the Transition Assistance Program, are trained on how—“(A) to use properly the tool maintained under subsection (a); and “(B) to provide appropriate educational counseling services to individuals described in section 3698(a) of such title [title 38, United States Code], as amended by subsection (b)(3)(A). “(2) Transition assistance program defined.—In this subsection, the term Transition Assistance Program means the program of counseling, information, and services under section 1142 of title 10, United States Code.”
[Amended this section.]
[Amended this section.]
[Amended this section.]
[Amended this section.]
Survey and Report; DefinitionsPub. L. 112249, § 1(b)(d), Jan. 10, 2013, 126 Stat. 2400, 2401, provided that: “(b) Survey.—In developing the policy required by section 3698(a) of title 38, United States Code, as added by subsection (a), the Secretary of Veterans Affairs shall conduct a market survey to determine the availability of the following:“(1) A commercially available off-the-shelf online tool that allows a veteran or member of the Armed Forces to assess whether the veteran or member is academically ready to engage in postsecondary education and training opportunities and whether the veteran or member would need any remedial preparation before beginning such opportunities. “(2) A commercially available off-the-shelf online tool that provides a veteran or member of the Armed Forces with a list of providers of postsecondary education and training opportunities based on criteria selected by the veteran or member. “(c) Report.—Not later than 90 days after the date of the enactment of this Act [Jan. 10, 2013], the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report that includes—“(1) a description of the policy developed by the Secretary under section 3698(a) of title 38, United States Code, as added by subsection (a); “(2) a plan of the Secretary to implement such policy; and “(3) the results of the survey conducted under subsection (b), including whether the Secretary plans to implement the tools described in such subsection. “(d) Definitions.—In this section [enacting this note and this section]:“(1) Appropriate committees of congress.—The term appropriate committees of Congress means—“(A) the Committee on Veterans Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate; and “(B) the Committee on Veterans Affairs and the Committee on Education and the Workforce of the House of Representatives. “(2) Commercially available off-the-shelf.—The term commercially available off-the-shelf has the meaning given that term in section 104 of title 41, United States Code. “(3) Postsecondary education and training opportunities.—The term postsecondary education and training opportunities means any postsecondary program of education, including apprenticeships and on-job training, for which the Secretary of Veterans Affairs provides assistance to a veteran or member of the Armed Forces.”
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# 38 U.S.C. § 3698A - Provision of certificates of eligibility and award letters using electronic means
## Text
(a) Requirement.— Except as provided by subsection (b), the Secretary shall provide to an individual the following documents using electronic means:
(1) A certificate of eligibility for the entitlement of the individual to covered educational assistance.
(2) An award letter regarding the authorization of the individual to receive covered educational assistance.
(b) Election to Opt Out.— An individual may elect to receive the documents specified in subsection (a) by mail rather than through electronic means under subsection (a). An individual may revoke such an election at any time, by means prescribed by the Secretary.
(c) Covered Educational Assistance.— In this section, the term “covered educational assistance” means educational assistance under chapter 30, 33, or 35 of this title, or section 3699C of this title.
(Added Pub. L. 118210, title II, § 210(a), Jan. 2, 2025, 138 Stat. 2766.)
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# 38 U.S.C. § 3699 - Effects of closure or disapproval of educational institution
## Text
(a) Closure or Disapproval.— Any payment of educational assistance described in subsection (b) shall not—
(1) be charged against any entitlement to educational assistance of the individual concerned; or
(2) be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual.
(b) Educational Assistance Described.— Subject to subsection (c), the payment of educational assistance described in this subsection is the payment of such assistance to an individual for pursuit of a course or program of education at an educational institution under chapter 30, 31, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, if the Secretary determines that the individual—
(1) was unable to complete such course or program as a result of—
(A) the closure of the educational institution;
(B) the disapproval of the course or a course that is a necessary part of that program under this chapter by reason of—
(i) a provision of law enacted after the date on which the individual enrolls at such institution affecting the approval or disapproval of courses under this chapter; or
(ii) after the date on which the individual enrolls at such institution, the Secretary prescribing or modifying regulations or policies of the Department affecting such approval or disapproval; or
(C) the temporary closure of an educational institution or training establishment or the temporary closure or termination of a course or program of education by reason of an emergency situation; and
(2) did not receive credit or lost training time, toward completion of the program of education being so pursued.
(c) Period Not Charged.— (1) The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the aggregate of—
(A) the portion of the period of enrollment in the course from which the individual did not receive credit or with respect to which the individual lost training time, as determined under subsection (b)(2); and
(B) the period by which a monthly stipend is extended under section 3680(a)(2)(B) of this title.
(2) (A) (i) An individual described in subparagraph (B) who transfers fewer than 12 credits from a program of education that is closed or disapproved as described in subsection (b)(1) shall be deemed to be an individual who did not receive such credits, as described in subsection (b)(2), except that the period for which such individuals entitlement is not charged shall be the entire period of the individuals enrollment in the program of education.
(ii) In carrying out clause (i), the Secretary shall—
(I) require an individual to certify in writing that the individual has transferred fewer than 12 credits as described in such clause;
(II) require an individual who makes a certification under subclause (I) to acknowledge in writing that if the individual transfers 12 or more credits as described in such clause (i)—
(aa) the individual may not be deemed under such clause to be an individual who did not receive such credits; and
(bb) the Secretary shall rescind the certificate of eligibility provided under subclause (IV);
(III) accept a certification under subclause (I) as proof of the individual transferring fewer than 12 credits; and
(IV) provide to the individual who makes a certification under subclause (I) and makes the acknowledgment under subclause (II) a certificate of eligibility that the individual may provide to an educational institution as proof of the individual being covered by this paragraph.
(iii) The Secretary shall notify individuals described in subparagraph (B) of being eligible to be covered by this paragraph.
(iv) In carrying out this subparagraph, the Secretary, in consultation with the Secretary of Education, shall establish procedures to determine whether the individual transferred credits to a comparable course or program of education.
(B) An individual described in this subparagraph is an individual who is enrolled in a course or program of education closed or discontinued as described in subsection (b)(1) during the period beginning on the date that is 120 days before the date of such closure or discontinuance and ending on the date of such closure or discontinuance, as the case may be.
(C) This paragraph, including clauses (ii) and (iii) of subparagraph (A), shall apply with respect to the closure or discontinuation of a course or program of education, as described in subsection (b)(1), that occurs during the period beginning on August 1, 2021, and ending on September 30, 2026.
(d) Continuing Pursuit of Disapproved Courses.— (1) The Secretary may treat a course of education that is disapproved under this chapter as being approved under this chapter with respect to an individual described in paragraph (2) if the Secretary determines, on a case-by-case basis, that—
(A) such disapproval is the result of an action described in clause (i) or (ii) of subsection (b)(1)(B); and
(B) continuing pursuing such course is in the best interest of the individual.
(2) An individual described in this paragraph is an individual who is pursuing a course of education at an educational institution under chapter 30, 31, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, as of the date on which the course is disapproved under this chapter.
(e) Notice of Closures.— Not later than 5 business days after the date on which the Secretary receives notice that an educational institution will close or is closed, the Secretary shall provide to each individual who is enrolled in a course or program or education at such educational institution using entitlement to educational assistance under chapter 30, 31, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, notice of—
(1) such closure and the date of such closure; and
(2) the effect of such closure on the individuals entitlement to educational assistance pursuant to this section.
(Added Pub. L. 11548, title I, § 109(a)(1), Aug. 16, 2017, 131 Stat. 978; amended Pub. L. 11661, § 6(6), Sept. 30, 2019, 133 Stat. 1117; Pub. L. 116315, title I, §§ 1007(a), 1021(a), Jan. 5, 2021, 134 Stat. 4940, 4958; Pub. L. 117297, § 2, Dec. 27, 2022, 136 Stat. 4375; Pub. L. 117333, § 8(a), Jan. 5, 2023, 136 Stat. 6130; Pub. L. 11819, § 2, Oct. 6, 2023, 137 Stat. 106; Pub. L. 118210, title II, § 211, Jan. 2, 2025, 138 Stat. 2767; Pub. L. 11937, div. G, title II, § 7202, Nov. 12, 2025, 139 Stat. 650.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3699, added Pub. L. 93508, title III, § 301(a), Dec. 3, 1974, 88 Stat. 1591, § 1799; amended Pub. L. 94502, title V, § 513(a)(24), Oct. 15, 1976, 90 Stat. 2404; Pub. L. 97295, § 4(61), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 101237, title IV, § 423(b)(1), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3699 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406, related to revolving fund available for making of loans under former subchapter III of this chapter, prior to repeal by Pub. L. 108183, title III, § 306(e), Dec. 16, 2003, 117 Stat. 2661, effective 90 days after Dec. 16, 2003.
Amendments2025—Subsec. (c)(2)(C). Pub. L. 11937 substituted “September 30, 2026” for “September 30, 2025”. Pub. L. 118210 added subpar. (C) and struck out former subpar. (C) which read as follows: “This paragraph shall apply with respect to a course or program of education closed or discontinued before September 30, 2025.” 2023—Subsec. (b)(1)(C). Pub. L. 117333 added subpar. (C). Subsec. (c)(2)(C). Pub. L. 11819 substituted “September 30, 2025” for “September 30, 2023”. 2022—Subsec. (c)(2)(A). Pub. L. 117297 designated first sentence as cl. (i) and second sentence as cl. (iv) and realigned margins and added cls. (ii) and (iii) after cl. (i). 2021—Pub. L. 116315, § 1007(a), substituted “chapter 30, 31,” for “chapter 30,” wherever appearing. Subsec. (c). Pub. L. 116315, § 1021(a), amended subsec. (c) generally. Prior to amendment, text read as follows: “The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the aggregate of— “(1) the portion of the period of enrollment in the course from which the individual did not receive credit or with respect to which the individual lost training time, as determined under subsection (b)(2); and “(2) the period by which a monthly stipend is extended under section 3680(a)(2)(B) of this title.” 2019—Subsec. (b). Pub. L. 11661 substituted “this subsection” for “this paragraph”.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 AmendmentAmendment by Pub. L. 11937 effective as if enacted on Sept. 30, 2025, see section 7406 of Pub. L. 11937, set out as a note under section 111A of this title.
Effective Date of 2021 AmendmentAmendment by section 1007(a) of Pub. L. 116315 applicable as if included in the enactment of section 109 of Pub. L. 11548, see section 1007(d) of Pub. L. 116315, set out as a note under section 3680 of this title, and Effective Date note below. Pub. L. 116315, title I, § 1021(b), Jan. 5, 2021, 134 Stat. 4959, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on August 1, 2021.”
Effective DatePub. L. 11548, title I, § 109(c)(1), Aug. 16, 2017, 131 Stat. 980, as amended by Pub. L. 11562, title V, § 501(d), Sept. 29, 2017, 131 Stat. 1166, provided that: “(A) In general.—The amendments made by subsection (a) [enacting this section] shall take effect on the date that is 90 days after the date of the enactment of this Act [Aug. 16, 2017], and shall apply with respect to courses and programs of education discontinued as described in section 3699 of title 38, United States Code, as added by subsection (a)(1), after January 1, 2015. “(B) Special application.—“(i) In general.—With respect to courses and programs of education discontinued as described in section 3699 of title 38, United States Code, as added by subsection (a)(1), during the period beginning January 1, 2015, and ending on the date of the enactment of this Act [Sept. 29, 2017], an individual described in clause (ii) who does not transfer credits from such program of education shall be deemed to be an individual who did not receive such credits, as described in subsection (b)(2) of such section, except that the period for which such individuals entitlement is not charged shall be the entire period of the individuals enrollment in the program of education. In carrying out this subparagraph, the Secretary of Veterans Affairs, in consultation with the Secretary of Education, shall establish procedures to determine whether the individual transferred credits to a comparable course or program of education. “(ii) Individual described.—An individual described in this clause is an individual who is enrolled in a course or program of education discontinued as described in clause (i) during the period beginning on the date that is 120 days before the date of such discontinuance and ending on the date of such discontinuance.”
Prohibition of Charge to Entitlement of Students Unable To Pursue a Program of Education Due to an Emergency SituationPub. L. 116315, title I, § 1107(c), Jan. 5, 2021, 134 Stat. 4966, provided that: “The subparagraph (C) temporarily added to section 3699(b)(1) of title 38, United States Code, by [former] section 5 of the Student Veteran Coronavirus Response Act of 2020 (Public Law 116140; 38 U.S.C. 3699 note) [formerly set out below] is amended by inserting or training establishment after educational institution.” Pub. L. 116140, § 5, Apr. 28, 2020, 134 Stat. 632, which temporarily added closure of educational institution or training establishment due to emergency situation as reason for payment of educational assistance not to be charged against entitlement of students, was repealed by Pub. L. 117333, § 8(b), Jan. 5, 2023, 136 Stat. 6130. See subsec. (b)(1)(C) of this section.
Restoration of Entitlement to Rehabilitation Programs for Veterans Affected by School Closure or DisapprovalPub. L. 116140, § 7(a), Apr. 28, 2020, 134 Stat. 634, which provided that, during the period from Mar. 1, 2020, to Dec. 21, 2020, the Secretary of Veterans Affairs was to apply this section as if it were amended by striking “chapter 30,” each time it appeared and inserting “chapter 30, 31,”, was repealed by Pub. L. 116315, title I, § 1007(c), Jan. 5, 2021, 134 Stat. 4940. See 2021 Amendment note above.
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# 38 U.S.C. § 3699A - Provision of certain information to educational institutions
## Text
(a) In General.— For each veteran or other individual pursuing a course of education that has been approved under this chapter using educational assistance to which the veteran or other individual is entitled under chapter 30, 32, 33, or 35 of this title, the Secretary shall make available to the educational institution offering the course information about the amount of such educational assistance to which the veteran or other individual is entitled. Such information shall be provided to such educational institution through a secure information technology system accessible by the educational institution and shall be regularly updated to reflect any amounts used by the veteran or other individual.
(b) Election.— A veteran or other individual pursuing a course of education described in subsection (a) may elect not to provide the information described in such subsection to an educational institution in a manner prescribed by the Secretary.
(Added Pub. L. 11548, title III, § 308(a), Aug. 16, 2017, 131 Stat. 994.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 11548, title III, § 308(c), Aug. 16, 2017, 131 Stat. 994, provided that: “Section 3699A of title 38, United States Code, as added by this section, shall take effect on August 1, 2018.”
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citation: "38 U.S.C. § 3699B"
status: "current"
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---
# 38 U.S.C. § 3699B - Treatment of certain for-profit educational institutions
## Text
(a) In General.— In the case of any for-profit educational institution that is converted to a nonprofit educational institution, the State approving agency or the Secretary when acting as a State approving agency shall conduct annual risk-based surveys of the institution during the three-year period beginning on the date on which the educational institution is so converted.
(b) Risk-based Survey Defined.— In this section, the term “risk-based survey” means the risk-based survey developed under section 3673A of this title.
(Added Pub. L. 116315, title I, § 1022(a), Jan. 5, 2021, 134 Stat. 4959.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 116315, title I, § 1022(c), Jan. 5, 2021, 134 Stat. 4959, as amended by Pub. L. 11716, § 5(a), June 8, 2021, 135 Stat. 283, provided that: “Section 3699B of title 38, United States Code, as added by subsection (a), shall apply with respect to the conversion of a for-profit educational institution to a nonprofit educational institution, or the conversion of a for-profit educational institution to a public educational institution, that occurs on or after the date of the enactment of this Act [Jan. 5, 2021].” [Pub. L. 11716, § 5(b), June 8, 2021, 135 Stat. 283, provided that: “The amendment made by subsection (a) [amending section 1022(c) of Pub. L. 116315, set out above] shall apply as if included in the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116315).” ]
@@ -0,0 +1,191 @@
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title: "38 U.S.C. § 3699C"
description: "High technology program"
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title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "36"
chapter_name: "ADMINISTRATION OF EDUCATIONAL BENEFITS"
section: "3699C"
citation: "38 U.S.C. § 3699C"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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# 38 U.S.C. § 3699C - High technology program
## Text
(a) Establishment.— (1) The Secretary shall carry out a program under which the Secretary provides covered individuals with the opportunity to enroll in high technology programs of education that the Secretary determines provide training or skills sought by employers in a relevant field or industry.
(2) Not more than 4,000 covered individuals may participate in the program under this section in any fiscal year.
(b) Amount of Assistance.— (1) The Secretary shall provide, to each covered individual who pursues a high technology program of education under this section, educational assistance in amounts equal to the amounts provided under section 3313(c)(1) of this title, including, except as provided in paragraph (3), with respect to the housing stipend described in that section and in accordance with the treatment of programs that are distance learning and programs that are less than half-time.
(2) Under paragraph (1), the Secretary shall provide such amounts of educational assistance to a covered individual for each of the following:
(A) A high technology program of education.
(B) A second such program if—
(i) the second such program begins at least 18 months after the covered individual graduates from the first such program; and
(ii) the covered individual uses educational assistance under chapter 33 of this title to pursue the second such program.
(3) No covered individual may receive a housing stipend under this subsection for any month if such individual is in receipt of a housing stipend under chapter 33 of this title for that month.
(c) Contracts.— (1) For purposes of carrying out subsection (a), the Secretary shall seek to enter into contracts with any number of qualified providers of high technology programs of education for the provision of such programs to covered individuals. Each such contract shall provide for the conditions under which the Secretary may terminate the contract with the provider and the procedures for providing for the graduation of students who were enrolled in a program provided by such provider in the case of such a termination.
(2) A contract under this subsection shall provide that the Secretary shall pay to a provider—
(A) upon the enrollment of a covered individual in the program, 25 percent of the cost of the tuition and other fees for the program of education for the individual;
(B) upon graduation of the individual from the program, 25 percent of such cost; and
(C) 50 percent of such cost upon—
(i) the successful employment of the covered individual for a period—
(I) of 180 days in the field of study of the program; and
(II) that begins not later than 180 days following graduation of the covered individual from the program;
(ii) the employment of the individual by the provider for a period of one year; or
(iii) the enrollment of the individual in a program of education to continue education in such field of study.
(3) For purposes of this section, a provider of a high technology program of education is qualified if—
(A) the provider employs instructors whom the Secretary determines are experts in their respective fields in accordance with paragraph (5);
(B) the provider has successfully provided the high technology program for at least one year;
(C) the provider does not charge tuition and fees to a covered individual who receives assistance under this section to pursue such program that are higher than the tuition and fees charged by such provider to another individual; and
(D) the provider meets the approval criteria developed by the Secretary under paragraph (4).
(4) (A) The Secretary shall prescribe criteria for approving providers of a high technology program of education under this section.
(B) In developing such criteria, the Secretary may consult with State approving agencies.
(C) Such criteria are not required to meet the requirements of section 3672 of this title.
(D) Such criteria shall include the job placement rate, in the field of study of a program of education, of covered individuals who complete such program of education.
(5) The Secretary shall determine whether instructors are experts under paragraph (3)(A) based on evidence furnished to the Secretary by the provider regarding the ability of the instructors to—
(A) identify professions in need of new employees to hire, tailor the programs to meet market needs, and identify the employers likely to hire graduates;
(B) effectively teach the skills offered to covered individuals;
(C) provide relevant industry experience in the fields of programs offered to incoming covered individuals; and
(D) demonstrate relevant industry experience in such fields of programs.
(6) In entering into contracts under this subsection, the Secretary shall give preference to a provider of a high technology program of education—
(A) from which at least 70 percent of graduates find full-time employment in the field of study of the program during the 180-day period beginning on the date the student graduates from the program; or
(B) that offers tuition reimbursement for any student who graduates from such a program and does not find employment described in subparagraph (A).
(d) Effect on Other Entitlement.— (1) If a covered individual enrolled in a high technology program of education under this section has remaining entitlement to educational assistance under chapter 30, 32, 33, 34, or 35 of this title, such entitlement shall be charged at the rate of one month of such entitlement for each month of educational assistance provided under this section.
(2) If a covered individual enrolled in a high technology program of education under this section does not have remaining entitlement to educational assistance under chapter 30, 32, 33, 34, or 35 of this title, any educational assistance provided to such individual under this section shall be provided in addition to the entitlement that the individual has used.
(3) The Secretary may not consider enrollment in a high technology program of education under this section to be assistance under a provision of law referred to in section 3695 of this title.
(4) (A) An application for enrollment in a high technology program of education under this section shall include notice of the requirements relating to use of entitlement under paragraphs (1) and (2), including—
(i) in the case of the enrollment of an individual referred to under paragraph (1), the amount of entitlement that is typically charged for such enrollment;
(ii) an identification of any methods that may be available for minimizing the amount of entitlement required for such enrollment; and
(iii) an element requiring applicants to acknowledge receipt of the notice under this subparagraph.
(B) If the Secretary approves the enrollment of a covered individual in a high technology program of education under this section, the Secretary shall deliver electronically to the individual an award letter that provides notice of such approval and includes specific information describing how paragraphs (1) and (2) will be applied to the individual if the individual chooses to enroll in the program.
(e) Requirements for Educational Institutions.— (1) The Secretary shall not approve the enrollment of any covered individual, not already enrolled, in any high technology programs of education under this section for any period during which the Secretary finds that more than 85 percent of the students enrolled in the program are having all or part of their tuition, fees, or other charges paid to or for them by the educational institution or by the Department of Veterans Affairs under this title or under chapter 1606 or 1607 of title 10, except with respect to tuition, fees, or other charges that are paid under a payment plan at an educational institution that the Secretary determines has a history of offering payment plans that are completed not later than 180 days after the end of the applicable term, quarter, or semester.
(2) The Secretary may waive a requirement of paragraph (1) if the Secretary determines, pursuant to regulations which the Secretary shall prescribe, such waiver to be in the interest of the covered individual and the Federal Government. Not later than 30 days after the Secretary waives such a requirement, the Secretary shall submit to the Committees on Veterans Affairs of the Senate and House of Representatives a report regarding such waiver.
(3) (A) (i) The Secretary shall establish and maintain a process by which an educational institution may request a review of a determination that the educational institution does not meet the requirements of paragraph (1).
(ii) The Secretary may consult with a State approving agency regarding such process or such a review.
(iii) Not later than 180 days after the Secretary establishes or revises a process under this subparagraph, the Secretary shall submit to the Committees on Veterans Affairs of the Senate and House of Representatives a report regarding such process.
(B) An educational institution that requests a review under subparagraph (A)—
(i) shall request the review not later than 30 days after the start of the term, quarter, or semester for which the determination described in subparagraph (A) applies; and
(ii) may include any information that the educational institution believes the Department should have taken into account when making the determination, including with respect to any mitigating circumstances.
(f) Annual Reports.— Not later than one year after the date of the enactment of this section, and annually thereafter until the termination date specified in subsection (i), the Secretary shall submit to the Committees on Veterans Affairs of the Senate and House of Representatives a report on the operation of program 11 So in original. Probably should be preceded by “the”. under this section during the year covered by the report. Each such report shall include each of the following:
(1) The number of covered individuals enrolled in the program, disaggregated by type of educational institution, during the year covered by the report.
(2) The number of covered individuals who completed a high technology program of education under the program during the year covered by the report.
(3) The average employment rate of covered individuals who completed such a program of education during such year, as of 180 days after the date of completion.
(4) The average length of time between the completion of such a program of education and employment.
(5) The total number of covered individuals who completed a program of education under the program and who, as of the date of the submission of the report, are employed in a position related to technology.
(6) The average salary of a covered individual who completed a program of education under the program and who is employed in a position related to technology, in various geographic areas determined by the Secretary.
(7) The average salary of all individuals employed in positions related to technology in the geographic areas determined under subparagraph (F), and the difference, if any, between such average salary and the average salary of a covered individual who completed a program of education under the program and who is employed in a position related to technology.
(8) The number of covered individuals who completed a program of education under the program and who subsequently enrolled in a second program of education under the program.
(g) Collection of Information; Consultation.— (1) The Secretary shall develop practices to use to collect information about covered individuals and providers of high technology programs of education.
(2) For the purpose of carrying out program 1 under this section, the Secretary may consult with providers of high technology programs of education and may establish an advisory group made up of representatives of such providers, private employers in the technology field, and other relevant groups or entities, as the Secretary determines necessary.
(h) Definitions.— In this section:
(1) The term “covered individual” means any of the following:
(A) A veteran whom the Secretary determines—
(i) served an aggregate of at least 36 months on active duty in the Armed Forces (including service on active duty in entry level and skill training) and was discharged or released therefrom under conditions other than dishonorable; and
(ii) has not attained the age of 62.
(B) A member of the Armed Forces that the Secretary determines will become a veteran described in subparagraph (A) fewer than 180 days after the date of such determination.
(2) The term “high technology program of education” means a program of education—
(A) offered by a public or private educational institution;
(B) if offered by an institution of higher learning, that is provided directly by such institution rather than by an entity other than such institution under a contract or other agreement;
(C) that does not lead to a degree;
(D) that has a term of not less than six and not more than 28 weeks; and
(E) that provides instruction in computer programming, computer software, media application, data processing, or information sciences.
(i) Termination.— The Secretary may not provide educational assistance under this section for a high technology program of education that begins after September 30, 2027.
(Added Pub. L. 118210, title II, § 212(a)(1), Jan. 2, 2025, 138 Stat. 2767.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section, referred to in subsec. (f), is the date of enactment of Pub. L. 118210, which was approved Jan. 2, 2025.
@@ -0,0 +1,35 @@
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# 38 U.S.C. § 3699D - Notice of changes to policies and guidance relating to educational assistance programs
## Text
In the case of any change to any policy or guidance provided by the Secretary that relates to any educational assistance program of the Department, the Secretary may not implement the change before the date that is 90 days after the date on which the Secretary makes available to students, educational institutions, and the Committees on Veterans Affairs of the Senate and House of Representatives notice of, and justification for, the change.
(Added Pub. L. 118210, title II, § 213(a), Jan. 2, 2025, 138 Stat. 2774.)