38 U.S.C. § 3679
(a)
(c)
(2) For purposes of this subsection, a covered individual is any individual as follows:
(B) An individual who is entitled to assistance under—
(ii) section 3319 of this title by virtue of the individual’s relationship to—
(d) Notwithstanding any other provision of this chapter, the Secretary or the applicable State approving agency shall disapprove a course of education described in paragraph (14) or (15) of section 3676(c) of this title unless the educational institution providing the course of education—
(e)
(1) Notwithstanding any other provision of this chapter, beginning on , a State approving agency, or the Secretary when acting in the role of the State approving agency, shall disapprove a course of education provided by an educational institution that has in effect a policy that is inconsistent with any of the following:
(A) A policy that permits any covered individual to attend or participate in the course of education during the period beginning on the date on which the individual provides to the educational institution a certificate of eligibility for entitlement to educational assistance under chapter 31 or 33 of this title and ending on the earlier of the following dates:
(4) It shall not be inconsistent with a policy described in paragraph (1) for an educational institution to require a covered individual to take the following additional actions:
(f)
(1) Except as provided by paragraph (5), a State approving agency, or the Secretary when acting in the role of the State approving agency, shall take an action described in paragraph (4)(A) if the State approving agency or the Secretary, when acting in the role of the State approving agency, determines that an educational institution does not perform any of the following:
(A) Prior to the enrollment of a covered individual in a course of education at the educational institution, provide the individual with a form that contains information personalized to the individual that describes—
(C) Maintain policies to—
(D) Maintain policies to—
(G) Maintain a policy that—
(2) Except as provided by paragraph (5), a State approving agency, or the Secretary when acting in the role of the State approving agency, shall take an action described in paragraph (4)(A) if the State approving agency, the Secretary, or any Federal agency, determines that an educational institution, or any person with whom the institution has an agreement to provide educational programs, marketing, advertising, recruiting or admissions services, does any of the following:
(A) Carries out deceptive or persistent recruiting techniques, including on military installations, that may include—
(3) A State approving agency, or the Secretary when acting in the role of the State approving agency, shall take an action described in paragraph (4)(A) if the State approving agency or the Secretary, when acting in the role of the State approving agency, determines that an educational institution is the subject of a negative action made by the accrediting agency that accredits the institution, including any of the following:
(4)
(A) An action described in this subparagraph is any of the following:
(B)
(5)
(6) Not later than October 1 of each year, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives the following reports:
(A) A report, which shall be made publicly available, that includes the following:
(i) A summary of each action described in paragraph (4)(A) made during the year covered by the report, including—
(Added Pub. L. 88–126, § 1, , 77 Stat. 162, § 1778; renumbered § 1779, Pub. L. 90–77, title III, § 304(d), , 81 Stat. 186; amended Pub. L. 94–502, title V, § 513(a)(4), , 90 Stat. 2402; Pub. L. 101–237, title IV, § 423(b)(1)(A), (2), , 103 Stat. 2092; renumbered § 3679, Pub. L. 102–83, § 5(a), , 105 Stat. 406; Pub. L. 111–377, title II, § 203(d), , 124 Stat. 4126; Pub. L. 113–146, title VII, § 702(a), , 128 Stat. 1796; Pub. L. 113–175, title IV, § 409(i), , 128 Stat. 1908; Pub. L. 114–228, title IV, § 415, , 130 Stat. 941; Pub. L. 114–315, title IV, §§ 409(e), 417(a), , 130 Stat. 1560, 1565; Pub. L. 115–48, title I, § 105(c)(7), , 131 Stat. 976; Pub. L. 115–251, title III, § 301(a), , 132 Stat. 3178; Pub. L. 115–407, title I, § 103(a), , 132 Stat. 5369; Pub. L. 116–283, div. A, title IX, § 926(a)(46), , 134 Stat. 3830; Pub. L. 116–315, title I, §§ 1005(a), 1017(a), 1018(a), , 134 Stat. 4939, 4946; Pub. L. 117–16, §§ 6, 7(a)(4), , 135 Stat. 284, 285.)
Pub. L. 116–315, title I, § 1005, , 134 Stat. 4939, provided that, applicable with respect to a quarter, semester, or term, as applicable, commencing on or after , this section is amended as follows:
(1) in subsection (c)(2)(A), by striking “less than three years before the date of enrollment in the course concerned”; and
(2) in subsection (c)(4)—
(A) by striking “It shall” and inserting “(A) It shall”; and
(B) by adding at the end the following new subparagraph:
“(B) To the extent feasible, the Secretary shall make publicly available on the internet website of the Department a database explaining any requirements described in subparagraph (A) that are established by a public institution of higher learning for an individual to be charged tuition and fees at a rate that is equal to or less than the rate the institution charges for tuition and fees for residents of the State in which the institution is located. The Secretary shall disapprove a course of education provided by such an institution that does not provide the Secretary—
“(i) an initial explanation of such requirements; and
“(ii) not later than 90 days after the date on which any such requirements change, the updated requirements.”
Pub. L. 116–315, title I, § 1017(a)(1), (b), , 134 Stat. 4946, provided that, effective on , subsection (a)(1) of this section is amended by inserting “(including failure to comply with a risk-based survey under this chapter or secure an affirmation of approval by the appropriate State approving agency following the survey)” after “requirements of this chapter”.
Pub. L. 116–315, title I, § 1017(a)(2), (b), , 134 Stat. 4946; Pub. L. 117–16, § 7(a)(4), , 135 Stat. 285, provided that, effective on , this section is amended as follows:
(1) by adding at the end the following new subsection:
“(f) In this section, the term ‘risk-based survey’ means a risk-based survey developed under section 3673A(a) of this title.”; and
(2) by redesignating such subsection (f) as paragraph (3) of subsection (a) of this section and transferring it so as to appear after paragraph (2) of such subsection.
See 2021 Amendment notes below.
Section 3696(e)(2)(B) of this title, referred to in subsec. (f)(2)(A)(i), probably should be a reference to section 3696(b)(2)(B) of this title, because section 3696(b)(2)(B), as amended generally by Pub. L. 116–315, § 1020(a)(1), defines the term “misrepresentation”, and section 3696(e) does not contain a par. (2)(B).
2021—Subsec. (a)(1). Pub. L. 116–315, § 1017(a)(1), inserted “(including failure to comply with a risk-based survey under this chapter or secure an affirmation of approval by the appropriate State approving agency following the survey)” after “requirements of this chapter”.
Subsec. (a)(3). Pub. L. 117–16, § 7(a)(4), redesignated subsec. (f) defining term “risk-based survey” in this section as par. (3) of subsec. (a).
Subsec. (c)(2)(A). Pub. L. 116–315, § 1005(a)(1), struck out “less than three years before the date of enrollment in the course concerned” before period at end.
Pub. L. 116–283 substituted “air, or space service” for “or air service”.
Subsec. (c)(4). Pub. L. 116–315, § 1005(a)(2), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (f). Pub. L. 117–16, § 7(a)(4), redesignated subsec. (f) defining term “risk-based survey” in this section as par. (3) of subsec. (a).
Pub. L. 116–315, § 1018(a), added subsec. (f) related to action by State approving agency.
Pub. L. 116–315, § 1017(a)(2), added subsec. (f) defining term “risk-based survey” in this section.
Subsec. (f)(1)(E). Pub. L. 117–16, § 6(1), inserted “, to the maximum extent practicable,” after “including”.
Subsec. (f)(2). Pub. L. 117–16, § 6(2)(A), inserted “, or any person with whom the institution has an agreement to provide educational programs, marketing, advertising, recruiting or admissions services,” after “educational institution” in introductory provisions.
Subsec. (f)(2)(A)(ii). Pub. L. 117–16, § 6(2)(B), substituted “one-month” for “1-month”.
Subsec. (f)(2)(B). Pub. L. 117–16, § 6(2)(C), added subpar. (B) and struck out former subpar. (B) which read as follows: “Pays inducements, including any gratuity, favor, discount, entertainment, hospitality, loan, transportation, lodging, meals, or other item having a monetary value of more than a de minimis amount, to any individual or entity, or its agents including third party lead generators or marketing firms other than salaries paid to employees or fees paid to contractors in conformity with all applicable laws for the purpose of securing enrollments of covered individuals or obtaining access to educational assistance under this title, with the exception of scholarships, grants, and tuition reductions provided by the educational institution.”
Subsec. (f)(4)(A)(ii), (iii). Pub. L. 117–16, § 6(3), added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows: “Disapproving a course for purposes of this chapter.”
Subsec. (f)(5)(A). Pub. L. 117–16, § 6(4), substituted “one-academic-year period” for “1-academic-year period”.
2018—Subsec. (c)(1). Pub. L. 115–251, § 301(a)(1), substituted “chapter 30, 31, or 33” for “chapter 30 or 33”.
Subsec. (c)(2)(C). Pub. L. 115–251, § 301(a)(2), added subpar. (C).
Subsec. (c)(3). Pub. L. 115–251, § 301(a)(3), substituted “paragraph (2)(A), (2)(B), or (2)(C)” for “paragraph (2)(A) or (2)(B)”.
Subsec. (c)(6). Pub. L. 115–251, § 301(a)(4), substituted “chapters 30, 31, and 33” for “chapters 30 and 33”.
Subsec. (e). Pub. L. 115–407 added subsec. (e).
2017—Subsec. (c)(2)(B)(i). Pub. L. 115–48 substituted “3311(b)(8)” for “3311(b)(9)”.
2016—Subsec. (a). Pub. L. 114–228 substituted “(1) Except as provided by paragraph (2), any course” for “Any course” and added par. (2).
Subsec. (c)(2)(B). Pub. L. 114–315, § 417(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “An individual who is entitled to assistance under section 3311(b)(9) or 3319 of this title by virtue of such individual’s relationship to a veteran described in subparagraph (A).”
Subsec. (d). Pub. L. 114–315, § 409(e), added subsec. (d).
2014—Subsec. (c). Pub. L. 113–146 added subsec. (c).
Subsec. (c)(1). Pub. L. 113–175, which directed amendment of par. (1) generally, was executed by amending par. (1) as added by Pub. L. 113–146, applicable with respect to educational assistance provided for pursuit of a program of education during a quarter, semester, or term that begins after , to reflect the probable intent of Congress. Prior to amendment, par. (1) read as follows: “Notwithstanding any other provision of this chapter and subject to paragraphs (3) through (6), the Secretary shall disapprove a course of education provided by a public institution of higher learning to a covered individual pursuing a course of education with educational assistance under chapter 30 or 33 of this title while living in the State in which the public institution of higher learning is located if the institution charges tuition and fees for that course for the covered individual at a rate that is higher than the rate the institution charges for tuition and fees for that course for residents of the State in which the institution is located, regardless of the covered individual’s State of residence.” See Effective Date of 2014 Amendment note below.
2011—Subsec. (a). Pub. L. 111–377 inserted “the Secretary or” after “disapproved by” in two places.
1991—Pub. L. 102–83 renumbered section 1779 of this title as this section.
1989—Subsec. (b). Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing and “Secretary’s” for “Administrator’s”.
1976—Subsec. (b). Pub. L. 94–502 substituted “the Administrator’s disapproval” for “his disapproval”.
Pub. L. 116–315, title I, § 1005(b), , 134 Stat. 4940, provided that:
“The amendments made by this section [amending this section] shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after
August 1, 2021.”
Pub. L. 116–315, title I, § 1017(b), , 134 Stat. 4946, provided that:
“The amendment made by subsection (a) [amending this section] shall take effect on
August 1, 2021.”
Pub. L. 116–315, title I, § 1018(b), , 134 Stat. 4949, provided that:
“The amendment made by this section [amending this section] shall take effect on
June 15, 2021, and shall apply to an educational institution beginning on
August 1, 2021, except that an educational institution may submit an application for a waiver under subsection (f)(5) of
section 3679 of title 38, United States Code, as added by subsection (a), beginning on
June 15, 2021.”
Pub. L. 115–251, title III, § 301(b), , 132 Stat. 3178, provided that:
“The amendments made by subsection (a) [amending this section] shall apply with respect to courses of education provided during a quarter, semester, or term, as applicable, that begins after
March 1, 2019.”
Amendment by Pub. L. 115–48 effective , see section 105(d) of Pub. L. 115–48, set out as a note under section 3311 of this title.
Pub. L. 114–315, title IV, § 417(b), , 130 Stat. 1565, provided that:
“The amendment made by subsection (a) [amending this section] shall apply with respect to a course, semester, or term that begins after
July 1, 2017.”
Pub. L. 113–146, title VII, § 702(b), , 128 Stat. 1797, provided that:
“Subsection (c) of
section 3679 of title 38, United States Code (as added by subsection (a) of this section), shall apply with respect to educational assistance provided for pursuit of a program of education during a quarter, semester, or term, as applicable, that begins after
July 1, 2015.”
Amendment by Pub. L. 111–377 effective , see section 203(e) of Pub. L. 111–377, set out as a note under section 3034 of this title.
Amendment by Pub. L. 94–502 effective , see section 703(b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.
Pub. L. 115–407, title I, § 103(c), , 132 Stat. 5370, provided that:
“In a case in which an individual is unable to meet a financial obligation to an educational institution due to the delayed disbursement of a payment to be provided by the Secretary under chapter 31 or 33 of such title [title 38] and the amount of such disbursement is less than anticipated, nothing in section 3679(e) of such title, as added by subsection (a), shall be construed to prohibit an educational institution from requiring additional payment or imposing a fee for the amount that is the difference between the amount of the financial obligation and the amount of the disbursement.”
1 See References in Text note below.
2 So in original. Probably should be followed by a period.