1. U.S. Code
  2. title 38
  3. part III
  4. chapter 36
  5. subchapter III
  6. § 3697A

Collapse to view only § 3697A. Educational and vocational counseling

§ 3680. Payment of educational assistance or subsistence allowances
(a)Period for Which Payment May Be Made.—
(1) Except as provided in paragraphs (2) and (3), payment of educational assistance or subsistence allowances to eligible veterans or eligible persons pursuing 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 shall be paid as provided in this section and, as applicable, in section 3108, 3482, 3491, or 3532 of this title. Such payments shall be paid only for the period of such veterans’ or persons’ enrollment in, and pursuit of, such program, but no amount shall be paid—
(A) to any eligible veteran or eligible person for any period when such veteran or person is not pursuing such veteran’s or person’s course in accordance with the regularly established policies and regulations of the educational institution, with the provisions of such regulations as may be prescribed by the Secretary pursuant to subsection (g) of this section, and with the requirements of this chapter or of chapter 34 or 35 of this title, but payment may be made for an actual period of pursuit of one or more unit subjects pursued for a period of time shorter than the enrollment period at the educational institution;
(B) to any eligible veteran or person for auditing a course; or
(C) to any eligible veteran or person for a course for which the grade assigned is not used in computing the requirements for graduation including a course from which the student withdraws unless—
(i) the eligible veteran or person withdraws because he or she is ordered to active duty; or
(ii) the Secretary finds there are mitigating circumstances, except that, in the first instance of withdrawal (without regard to withdrawals described in clause (i)) by the eligible veteran or person from a course or courses with respect to which the veteran or person has been paid assistance under this title, mitigating circumstances shall be considered to exist with respect to courses totaling not more than six semester hours or the equivalent thereof.
(2) Notwithstanding paragraph (1), the Secretary may, pursuant to such regulations as the Secretary shall prescribe, continue to pay allowances to eligible veterans and eligible persons enrolled in courses set forth in paragraph (1)(A)—
(A) during periods when educational institutions are temporarily closed under an established policy based on an Executive order of the President or due to an emergency situation, except that the total number of weeks for which allowances may continue to be so payable in any 12-month period may not exceed 4 weeks; or
(B) solely for the purpose of awarding a monthly housing stipend described in section 3313 of this title or a subsistence allowance described in section 3108, during periods following a permanent closure of an educational institution, or following the disapproval of a course of study described in section 3699(b)(1)(B) of this title, except that payment of such a stipend or allowance may only be continued until the earlier of—
(i) the date of the end of the term, quarter, or semester during which the closure or disapproval occurred; and
(ii) the date that is 120 days after the date of the closure or disapproval.
(3) Notwithstanding paragraph (1), in the case of an eligible veteran or eligible person who is pursuing a program of education on less than a half-time basis during a period that is the last semester, term, or academic period the veteran or person will be enrolled in the program of education because the veteran or person will complete the program of education at the end of that semester, term, or academic period, the Secretary may, pursuant to such regulations as the Secretary shall prescribe, provide to the veteran or person educational assistance under chapter 30, 31, 32, 33, 34, or 35 of this title or under chapter 1606 of title 10, including a monthly housing stipend described in section 3313(c) of this title, on the basis of the total number of credits or courses in which the veteran or person is enrolled, if—
(A) the number of credits the veteran or person needs to complete the program of education is less than the number of credits that would constitute enrollment on a more than half-time basis for that last semester, term, or academic period; and
(B) the veteran or person—
(i) is enrolled in, or has completed, every course offered by the program of education during the last semester, term, or academic period in which the veteran or person is enrolled in the program of education; and
(ii) enrolls in an additional course that is not required for the completion of such program of education and the enrollment in the non-required course in addition to the required course or courses in which the veteran or person is enrolled constitutes enrollment on more than a half-time basis.
(b)Correspondence Training Certifications.—No educational assistance allowance shall be paid to an eligible veteran or spouse or surviving spouse enrolled in and pursuing a program of education exclusively by correspondence until the Secretary shall have received—
(1) from the eligible veteran or spouse or surviving spouse a certificate as to the number of lessons actually completed by the veteran or spouse or surviving spouse and serviced by the educational institution; and
(2) from the training establishment a certification or an endorsement on the veteran’s or spouse’s or surviving spouse’s certificate, as to the number of lessons completed by the veteran or spouse or surviving spouse and serviced by the institution.
(c)Apprenticeship and Other On-Job Training.—No training assistance allowance shall be paid to an eligible veteran or eligible person enrolled in and pursuing a program of apprenticeship or other on-job training until the Secretary receives from the training establishment a certification that such veteran or person was enrolled in and pursuing a program of apprenticeship or other on-job training during such period.
(d)Advance Payment of Initial Educational Assistance or Subsistence Allowance.—
(1) The educational assistance or subsistence allowance advance payment provided for in this subsection is based upon a finding by the Congress that eligible veterans and eligible persons may need additional funds at the beginning of a school term to meet the expenses of books, travel, deposits, and payment for living quarters, the initial installment of tuition, and the other special expenses which are concentrated at the beginning of a school term.
(2) Subject to the provisions of this subsection, and under regulations which the Secretary shall prescribe, an eligible veteran or eligible person shall be paid an educational assistance allowance or subsistence allowance, as appropriate, advance payment. Such advance payment shall be made in an amount equivalent to the allowance for the month or fraction thereof in which pursuit of the program will commence, plus the allowance for the succeeding month. In the case of a person on active duty, who is pursuing a program of education, the advance payment shall be in a lump sum based upon the amount payable for the entire quarter, semester, or term, as applicable. In no event shall an advance payment be made under this subsection to a veteran or person intending to pursue a program of education on less than a half-time basis. An advance payment may not be made under this subsection to any veteran or person unless the veteran or person requests such payment and the Secretary finds that the educational institution at which such veteran or person is accepted or enrolled has agreed to, and can satisfactorily, carry out the provisions of paragraphs (4)(B) and (C) and (5) of this subsection. The application for advance payment, to be made on a form prescribed by the Secretary, shall—
(A) in the case of an initial enrollment of a veteran or person in an educational institution, contain information showing that the veteran or person (i) is eligible for educational benefits, (ii) has been accepted by the institution, and (iii) has notified the institution of such veteran’s or person’s intention to attend that institution; and
(B) in the case of a re-enrollment of a veteran or person, contain information showing that the veteran or person (i) is eligible to continue such veteran’s or person’s program of education or training and (ii) intends to re-enroll in the same institution,
and, in either case, shall also state the number of semester or clock-hours to be pursued by such veteran or person.
(3) For purposes of the Secretary’s determination whether any veteran or person is eligible for an advance payment under this section, the information submitted by the institution, the veteran or person, shall establish such veteran’s or person’s eligibility unless there is evidence in such veteran’s or person’s file in the processing office establishing that the veteran or person is not eligible for such advance payment.
(4) The advance payment authorized by paragraph (2) of this subsection shall, in the case of an eligible veteran or eligible person, be (A) drawn in favor of the veteran or person; (B) mailed to the educational institution listed on the application form for temporary care and delivery to the veteran or person by such institution; and (C) delivered to the veteran or person upon such veteran’s or person’s registration at such institution, but in no event shall such delivery be made earlier than thirty days before the program of education is to commence.
(5) Upon delivery of the advance payment pursuant to paragraph (4) of this subsection, the institution shall submit to the Secretary a certification of such delivery. If such delivery is not effected within thirty days after commencement of the program of education in question, such institution shall return such payment to the Secretary forthwith.
(e)Recovery of Erroneous Payments.—
(1) Subject to paragraph (2), if an eligible veteran or eligible person fails to enroll in or pursue a course for which an educational assistance or subsistence allowance advance payment is made, the amount of such payment and any amount of subsequent payments which, in whole or in part, are due to erroneous information required to be furnished under subsection (d)(2) of this section, shall become an overpayment and shall constitute a liability of such veteran or person to the United States and may be recovered, unless waived pursuant to section 5302 of this title, from any benefit otherwise due such veteran or person under any law administered by the Department of Veterans Affairs or may be recovered in the same manner as any other debt due the United States.
(2) Paragraph (1) shall not apply to the recovery of an overpayment of an educational allowance or subsistence allowance advance payment to an eligible veteran or eligible person who fails to enroll in or pursue a course of education for which the payment is made if such failure is due to the death of the veteran or person.
(f)Payments for Less Than Half-Time Training.—Payment of educational assistance allowance in the case of any eligible veteran or eligible person pursuing a program of education on less than a half-time basis shall be made in an amount computed for the entire quarter, semester, or term not later than the last day of the month immediately following the month in which certification is received from the educational institution that such veteran or person has enrolled in and is pursuing a program at such institution. Such lump sum payment shall be computed at the rate provided in section 3482(b) or 3532(a)(2) of this title, as applicable.
(g)Determination of Enrollment, Pursuit, and Attendance.—
(1) The Secretary may, pursuant to regulations which the Secretary shall prescribe, determine and define with respect to an eligible veteran and eligible person the following:
(A) Enrollment in a course or program of education or training.
(B) Pursuit of a course or program of education or training.
(C) Attendance at a course or program of education or training.
(2) The Secretary may withhold payment of benefits to an eligible veteran or eligible person until the Secretary receives such proof as the Secretary may require of enrollment in and satisfactory pursuit of a program of education by the eligible veteran or eligible person. The Secretary shall adjust the payment withheld, when necessary, on the basis of the proof the Secretary receives.
(3) In the case of an individual other than an individual described in paragraph (4), the Secretary may accept the individual’s monthly certification of enrollment in and satisfactory pursuit of a program of education as sufficient proof of the certified matters.
(4) In the case of an individual who has received an accelerated payment of basic educational assistance under section 3014A of this title during an enrollment period for a program of education, the Secretary may accept the individual’s certification of enrollment in and satisfactory pursuit of the program of education as sufficient proof of the certified matters if the certification is submitted after the enrollment period has ended.
(h)Payments During Emergency Situations.—
(1) The Secretary may pay allowances to an eligible veteran or eligible person under subsection (a)(2)(A), if the veteran or person is enrolled in a program or course of education that—
(A) is provided by an educational institution or training establishment that is closed by reason of an emergency situation; or
(B) is suspended by reason of an emergency situation.
(2) The total number of weeks for which allowances may be paid by reason of this subsection may not exceed four weeks.
(3) Any amount paid under this subsection shall not be counted for purposes of the limitation on allowances under subsection (a)(2)(A).
(Added Pub. L. 92–540, title II, § 201, Oct. 24, 1972, 86 Stat. 1076, § 1780; amended Pub. L. 93–208, Dec. 28, 1973, 87 Stat. 907; Pub. L. 93–508, title II, § 209, Dec. 3, 1974, 88 Stat. 1584; Pub. L. 94–502, title V, §§ 505, 506, 513(a)(5)–(12), Oct. 15, 1976, 90 Stat. 2400, 2402, 2403; Pub. L. 96–466, title III, §§ 341, 342, title VI, §§ 601(c), (d), 602(c), Oct. 17, 1980, 94 Stat. 2198, 2208, 2209; Pub. L. 97–35, title XX, § 2003(c), Aug. 13, 1981, 95 Stat. 782; Pub. L. 97–295, § 4(52), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 97–306, title II, § 205(c), Oct. 14, 1982, 96 Stat. 1434; Pub. L. 99–576, title III, §§ 315(a)(1), 316, title VII, § 701(59), Oct. 28, 1986, 100 Stat. 3274, 3296; Pub. L. 100–689, title I, § 121(a), Nov. 18, 1988, 102 Stat. 4173; Pub. L. 101–237, title IV, §§ 412(a), 415(a), 423(b)(1), (2), Dec. 18, 1989, 103 Stat. 2085, 2086, 2092; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 3680 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–127, § 6(a), Oct. 10, 1991, 105 Stat. 622; Pub. L. 102–568, title III, § 314, Oct. 29, 1992, 106 Stat. 4333; Pub. L. 103–446, title VI, § 605(a)(2)(B), title XII, § 1201(i)(6), Nov. 2, 1994, 108 Stat. 4672, 4688; Pub. L. 106–419, title I, § 121(a), Nov. 1, 2000, 114 Stat. 1833; Pub. L. 107–103, title I, § 104(b), Dec. 27, 2001, 115 Stat. 981; Pub. L. 109–233, title V, § 503(8)(A), June 15, 2006, 120 Stat. 416; Pub. L. 111–377, title II, § 206(a), Jan. 4, 2011, 124 Stat. 4126; Pub. L. 115–48, title I, § 109(b), Aug. 16, 2017, 131 Stat. 980; Pub. L. 115–89, § 3, Nov. 21, 2017, 131 Stat. 1279; Pub. L. 116–315, title I, § 1007(b), Jan. 5, 2021, 134 Stat. 4940; Pub. L. 117–76, § 4(a), Dec. 21, 2021, 135 Stat. 1519; Pub. L. 117–333, § 6(a), Jan. 5, 2023, 136 Stat. 6129.)

CITE AS: 38 USC 3680

§ 3680A. Disapproval of enrollment in certain courses
(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 veteran’s present or contemplated business or occupation.
(4) Any independent study program except an independent study program (including such a program taken over open circuit television) that—
(A) 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);
(B) 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 completion of a course of study offered by—(I) 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(II) 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
(C) in the case of a program described in subparagraph (B)(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; and
(ii) provides a student, upon completion of 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 span and instructional standards as may be required to comply with the criteria under section 3676(c)(14) and (15) of this title.
(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).
(e)
(1)1
1 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 the commercial driver education program offered at the branch by the educational institution—
(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.
(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.
(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 span 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. 102–568, title III, § 313(a)(2), Oct. 29, 1992, 106 Stat. 4331; amended Pub. L. 104–275, title I, §§ 103(a)(2), (b), 104(c), Oct. 9, 1996, 110 Stat. 3326, 3327; Pub. L. 105–114, title IV, § 401(d), (e), Nov. 21, 1997, 111 Stat. 2293; Pub. L. 105–368, title X, § 1005(b)(9), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 107–103, title I, § 111(a), Dec. 27, 2001, 115 Stat. 986;

CITE AS: 38 USC 3680A

§ 3681. Limitations on educational assistance
(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 96–342, 10 U.S.C. 2141 note).
(4) The Hostage Relief Act of 1980 (Public Law 96–449, 5 U.S.C. 5561 note).
(5) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99–399).
(Added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 21, § 1781; amended Pub. L. 91–219, title II, § 213(1), Mar. 26, 1970, 84 Stat. 83; Pub. L. 92–540, title IV, § 403(8), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 94–502, title V, § 513(a)(13), Oct. 15, 1976, 90 Stat. 2403; Pub. L. 96–466, title I, § 102, title VIII, § 801(e), Oct. 17, 1980, 94 Stat. 2187, 2216; Pub. L. 97–295, § 4(53), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 98–223, title II, § 203(c)(1), Mar. 2, 1984, 98 Stat. 41; Pub. L. 98–525, title VII, § 703(c), Oct. 19, 1984, 98 Stat. 2564; Pub. L. 99–576, title III, §§ 317, 321(9), Oct. 28, 1986, 100 Stat. 3275, 3278; Pub. L. 101–237, title IV, § 423(a)(8)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3681, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title III, § 315, Oct. 29, 1992, 106 Stat. 4333; Pub. L. 111–377, title II, § 202(b), Jan. 4, 2011, 124 Stat. 4124.)

CITE AS: 38 USC 3681

§ 3682. Control by agencies of the United States

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. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 21, § 1782; amended Pub. L. 92–540, title IV, § 403(9), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 100–323, § 13(b)(6), May 20, 1988, 102 Stat. 574; renumbered § 3682 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

CITE AS: 38 USC 3682

§ 3683. Conflicting interests
(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. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 22, § 1783; amended Pub. L. 92–540, title IV, § 403(10), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 94–502, title V, § 513(a)(14)–(16), Oct. 15, 1976, 90 Stat. 2403; Pub. L. 97–295, § 4(54), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 101–237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3683 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 115–251, title III, § 302(a), Sept. 29, 2018, 132 Stat. 3178; Pub. L. 116–61, § 6(5), Sept. 30, 2019, 133 Stat. 1117.)

CITE AS: 38 USC 3683

§ 3684. Reports by veterans, eligible persons, and institutions; reporting fee
(a)
(1) Except as provided in paragraph (2) of this subsection, the veteran or eligible person and the educational institution offering a course in which such veteran or eligible person is enrolled under chapter 31, 32, 33, 34, 35, or 36 of this title shall, without delay, report to the Secretary, in the form prescribed by the Secretary, such enrollment and any interruption or termination of the education of each such veteran or eligible person. The date of such interruption or termination will be the last date of pursuit, or, in the case of correspondence training, the last date a lesson was serviced by a school.
(2)
(A) In the case of a program of independent study pursued on less than a half-time basis in an educational institution, the Secretary may approve a delay by the educational institution in reporting the enrollment or reenrollment of an eligible veteran or eligible person until the end of the term, quarter, or semester if the educational institution requests the delay and the Secretary determines that it is not feasible for the educational institution to monitor interruption or termination of the veteran’s or eligible person’s pursuit of such program.
(B) An educational institution which, pursuant to subparagraph (A) of this paragraph, is delaying the reporting of the enrollment or reenrollment of a veteran shall provide the veteran with notice of the delay at the time that the veteran enrolls or reenrolls.
(3)
(A) Subject to subparagraph (B) of this paragraph, an educational institution offering courses on a term, quarter, or semester basis may certify the enrollment of a veteran who is not on active duty, or of an eligible person, in such courses for more than one term, quarter, or semester at a time, but not for a period extending beyond the end of a school year (including the summer enrollment period).
(B) Subparagraph (A) of this paragraph shall not apply with respect to any term, quarter, or semester for which the veteran or eligible person is enrolled on a less than half-time basis and shall not be construed as restricting the Secretary from requiring that an educational institution, in reporting an enrollment for more than one term, quarter, or semester, specify the dates of any intervals within or between any such terms, quarters, or semesters.
(4) A course offered by an educational institution that does not begin on the first day of an academic term, but does begin seven or fewer days after such day, shall be treated as beginning on such day for purposes of this section.
(5) For purposes of this subsection, the term “educational institution” may include a group, district, or consortium of separately accredited educational institutions located in the same State that are organized in a manner that facilitates the centralized reporting of the enrollments in such group, district, or consortium of institutions.
(b) The Secretary, prior to making payment of a reporting fee to an educational institution, as provided for in subsection (c) of this section, shall require such institution to certify that it has exercised reasonable diligence in determining whether such institution or any course offered by such institution approved for the enrollment of veterans or eligible persons meets all of the applicable requirements of chapters 31, 34, 35, and 36 of this title and that it will, without delay, report any failure to meet any such requirement to the Secretary.
(c)
(1) The Secretary may pay to any educational institution, or to the sponsor of a program of apprenticeship, furnishing education or training under either this chapter or chapter 31, 34, or 35 of this title, a reporting fee which will be in lieu of any other compensation or reimbursement for reports or certifications which such educational institution or sponsor of a program of apprenticeship is required to submit to the Secretary by law or regulation.
(2) Such reporting fee shall be computed for each calendar year by multiplying $16 1
1 See Modifications of Reporting Fee Multipliers During Certain Periods notes below.
by the number of eligible veterans or eligible persons enrolled under this chapter or chapter 31, 34, or 35 of this title. The reporting fee shall be paid to such educational institution or sponsor of a program of apprenticeship as soon as feasible after the end of the calendar year for which it is applicable.
(3) No reporting fee payable to an educational institution under this subsection shall be subject to offset by the Secretary against any liability of such institution for any overpayment for which such institution may be administratively determined to be liable under section 3685 of this title unless such liability is not contested by such institution or has been upheld by a final decree of a court of appropriate jurisdiction.
(4) Any reporting fee paid to an educational institution or sponsor of a program of apprenticeship after the date of the enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2011 (Public Law 111–377)—
(A) shall be utilized by such institution or sponsor solely for the making of certifications required under this chapter or chapter 31, 34, or 35 of this title or for otherwise supporting programs for veterans; and
(B) with respect to an institution that has 100 or more enrollees described in paragraph (2) may not be used for or merged with amounts available for the general fund of the educational institution or sponsor of a program of apprenticeship.
(5) The reporting fee payable under this subsection shall be paid from amounts appropriated for readjustment benefits.
(d) Not later than 90 days after the date of the enactment of this subsection, the Secretary shall ensure that the Department provides personnel of educational institutions who are charged with submitting reports or certifications to the Secretary under this section with assistance in preparing and submitting such reports or certifications.
(Added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 22, § 1784; amended Pub. L. 90–77, title III, § 308(a), Aug. 31, 1967, 81 Stat. 189; Pub. L. 92–540, title III, § 315, Oct. 24, 1972, 86 Stat. 1084; Pub. L. 93–508, title II, § 210(2), Dec. 3, 1974, 88 Stat. 1585; Pub. L. 94–502, title V, §§ 507, 508, 513(a)(17), Oct. 15, 1976, 90 Stat. 2400, 2403; Pub. L. 95–202, title III, § 304(a)(1), Nov. 23, 1977, 91 Stat. 1442; Pub. L. 96–466, title III, § 343(a), (b)(1), title VI, § 601(e), Oct. 17, 1980, 94 Stat. 2198, 2208; Pub. L. 97–295, § 4(55), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 99–576, title III, §§ 318, 319, Oct. 28, 1986, 100 Stat. 3275; Pub. L. 101–237, title IV, §§ 416(a), 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2086, 2092; renumbered § 3684 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105–368, title II, § 201(a), (b), Nov. 11, 1998, 112 Stat. 3326; Pub. L. 106–419, title IV, § 404(a)(7), Nov. 1, 2000, 114 Stat. 1865; Pub. L. 108–454, title I, § 110(d), Dec. 10, 2004, 118 Stat. 3605; Pub. L. 111–275, title X, § 1001(i), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 111–377, title II, § 204(a), (b), Jan. 4, 2011, 124 Stat. 4126; Pub. L. 112–249, § 3, Jan. 10, 2013, 126 Stat. 2401; Pub. L. 114–315, title IV, § 407(a), Dec. 16, 2016, 130 Stat. 1558; Pub. L. 115–48, title III, §§ 304(a), 309, Aug. 16, 2017, 131 Stat. 992, 994.)

CITE AS: 38 USC 3684

§ 3684A. Procedures relating to computer matching program
(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 individual’s 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. 101–366, title II, § 206(a), Aug. 15, 1990, 104 Stat. 441, § 1784A; renumbered § 3684A, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

CITE AS: 38 USC 3684A

§ 3685. Overpayments to eligible persons or veterans
(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. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 22, § 1785; amended Pub. L. 92–540, title IV, § 403(11), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 95–202, title III, § 304(a)(2), Nov. 23, 1977, 91 Stat. 1442; Pub. L. 96–466, title III, § 344, Oct. 17, 1980, 94 Stat. 2199; Pub. L. 101–237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 3685 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116–315, title I, § 1019, Jan. 5, 2021, 134 Stat. 4950.)

CITE AS: 38 USC 3685

§ 3686. Correspondence courses
(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 veteran’s or spouse’s 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 veteran’s or spouse’s 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. 92–540, title III, § 316(1), Oct. 24, 1972, 86 Stat. 1084, § 1786; amended Pub. L. 93–508, title I, § 104(1), Dec. 3, 1974, 88 Stat. 1580; Pub. L. 93–602, title II, § 205(a), Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94–502, title V, §§ 501(1), 513(a)(18), Oct. 15, 1976, 90 Stat. 2398, 2403; Pub. L. 95–202, title I, § 104(1), Nov. 23, 1977, 91 Stat. 1435; Pub. L. 96–466, title II, §§ 203(2), 213(2), title VI, § 604, Oct. 17, 1980, 94 Stat. 2189, 2191, 2209; Pub. L. 97–35, title XX, § 2004(a), Aug. 13, 1981, 95 Stat. 782; Pub. L. 97–174, § 5(a), May 4, 1982, 96 Stat. 75; Pub. L. 97–295, § 4(56), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 98–543, title II, § 204(1), Oct. 24, 1984, 98 Stat. 2742; Pub. L. 101–237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3686 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title VI, § 605(a)(2)(C), Nov. 2, 1994, 108 Stat. 4672; Pub. L. 109–444, § 3(c)(1), Dec. 21, 2006, 120 Stat. 3307; Pub. L. 109–461, title III, § 301(c)(1), title X, § 1006(b), Dec. 22, 2006, 120 Stat. 3427, 3468; Pub. L. 110–389, title III, § 323, Oct. 10, 2008, 122 Stat. 4168.)

CITE AS: 38 USC 3686

§ 3687. Apprenticeship or other on-job training
(a) An eligible veteran (as defined in section 3452(a)(1) of this title) or an eligible person (as defined in section 3501(a) of this title) shall be paid a training assistance allowance as prescribed by subsection (b) of this section while pursuing a full-time—
(1) program of apprenticeship approved by a State approving agency as meeting the standards of apprenticeship published by the Secretary of Labor pursuant to section 2 of the Act of August 16, 1937 (popularly known as the “National Apprenticeship Act”) (29 U.S.C. 50a), or
(2) program of other on-job training approved under provisions of section 3677 of this title,
subject to the conditions and limitations of chapters 34 and 35 of this title with respect to educational assistance.
(b)
(1) The monthly training assistance allowance of an eligible veteran pursuing a program described under subsection (a) shall be as follows:

Column I

Column

II

Column

III

Column

IV

Column V

Periods of

training

No

dependents

One

dependent

Two

dependents

More than

two

dependents

The amount in column IV, plus the following for each dependent in excess of two:

First 6 months

$274

$307

$336

     $14

Second 6 months

205

239

267

      14

Third 6 months

136

171

198

(2) The monthly training assistance allowance of an eligible person pursuing a program described under subsection (a) shall be $574 for the first six months, $429 for the second six months, $285 for the third six months, and $144 for the fourth and any succeeding six-month period of training.
(3) In any month in which an eligible veteran or person pursuing a program of apprenticeship or a program of other on-job training fails to complete one hundred and twenty hours of training in such month, the monthly training assistance allowance set forth in subsection (b)(1) or (2) of this section, as applicable, shall be reduced proportionately in the proportion that the number of hours worked bears to one hundred and twenty hours rounded off to the nearest eight hours.
(c) For the purpose of this chapter, the terms “program of apprenticeship” and “program of other on-job training” shall have the same meaning as “program of education”; and the term “training assistance allowance” shall have the same meaning as “educational assistance allowance” as set forth in chapters 34 and 35 of this title.
(d) With respect to any fiscal year, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under subsection (b)(2) equal to the percentage by which—
(1) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds
(2) such Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1).
(e)
(1) For each month that an individual (as defined in paragraph (3)) is paid a training assistance allowance under subsection (a), the entitlement of the individual shall be charged at a percentage rate (rounded to the nearest percent) that is equal to the ratio of—
(A) the training assistance allowance for the month involved, to
(B) the monthly educational assistance allowance otherwise payable for full-time enrollment in an educational institution.
(2)
(A) Subject to subparagraphs (B) and (C), for any month in which an individual fails to complete 120 hours of training, the entitlement otherwise chargeable under paragraph (1) shall be reduced in the same proportion as the monthly training assistance allowance payable is reduced under subsection (b)(3).
(B) In the case of an individual who is unemployed by reason of an emergency situation during any month, the 120-hour requirement under subparagraph (A) for that month shall be reduced proportionately to reflect the individual’s period of unemployment, except that the amount of monthly training assistance otherwise payable to the individual under subsection (b)(3) shall not be reduced.
(C) Any period during which an individual is unemployed by reason of an emergency situation shall not—
(i) be charged against any entitlement to educational assistance of the individual; or
(ii) be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual.
(D) Any amount by which the entitlement of an individual is reduced under subparagraph (A) shall not—
(i) be charged against any entitlement to educational assistance of the individual; or
(ii) be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual.
(E)
(i)1
1 So in original. No cl. (ii) was enacted.
In the case of an individual who fails to complete 120 hours of training during a month, but who completed more than 120 hours of training during the preceding month, the individual may apply the number of hours in excess of 120 that the individual completed for that month to the month for which the individual failed to complete 120 hours. If the addition of such excess hours results in a total of 120 hours or more, the individual shall be treated as an individual who has completed 120 hours of training for that month. Any excess hours applied to a different month under this subparagraph may only be applied to one such month.
(F) This paragraph applies to amounts described in section 3313(g)(3)(B)(iv) and section 3032(c)(2) of this title and section 16131(d)(2) of title 10.
(G) In this paragraph:
(i) The term “unemployed” includes being furloughed or being scheduled to work zero hours.
(ii) The term “fails to complete 120 hours of training” means, with respect to an individual, that during any month, the individual completes at least one hour, but fewer than 120 hours, of training, including in a case in which the individual is unemployed for part of, but not the whole, month.
(3) In this section, the term “individual” means—
(A) an eligible veteran who is entitled to monthly educational assistance allowances payable under section 3015(e) of this title, or
(B) an eligible person who is entitled to monthly educational assistance allowances payable under section 3532(a) of this title,
as the case may be.
(Added Pub. L. 92–540, title III, § 316(1), Oct. 24, 1972, 86 Stat. 1085, § 1787; amended Pub. L. 93–508, title I, § 104(2), (3), Dec. 3, 1974, 88 Stat. 1580; Pub. L. 93–602, title II, § 205(b), Jan. 2, 1975, 88 Stat. 1959; Pub. L. 94–502, title V, § 501(2), Oct. 15, 1976, 90 Stat. 2398; Pub. L. 95–202, title I, § 104(2), Nov. 23, 1977, 91 Stat. 1435; Pub. L. 96–466, title II, §§ 203(3), 213(3), Oct. 17, 1980, 94 Stat. 2189, 2191; Pub. L. 97–295, § 4(57), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 98–543, title II, § 204(2), Oct. 24, 1984, 98 Stat. 2742; Pub. L. 101–237, title IV, § 403(b), Dec. 18, 1989, 103 Stat. 2080; renumbered § 3687 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105–178, title VIII, § 8210(d), as added Pub. L. 105–206, title IX, § 9014(b), July 22, 1998, 112 Stat. 866; Pub. L. 106–419, title I, § 111(d), (f)(2), Nov. 1, 2000, 114 Stat. 1830, 1831; Pub. L. 107–103, title I, § 102(d), Dec. 27, 2001, 115 Stat. 978; Pub. L. 108–183, title III, § 302(d), Dec. 16, 2003, 117 Stat. 2659; Pub. L. 108–454, title I, § 102(a), Dec. 10, 2004, 118 Stat. 3600; Pub. L. 117–333, § 7(a), Jan. 5, 2023, 136 Stat. 6129.)

CITE AS: 38 USC 3687

§ 3688. Measurement of courses
(a) For the purposes of this chapter and chapters 34 and 35 of this title—
(1) an institutional trade or technical course offered on a clock-hour basis, not leading to a standard college degree, involving shop practice as an integral part thereof, shall be considered a full-time course when a minimum of 22 hours per week of attendance (excluding supervised study) is required, with no more than 2½ hours of rest periods per week allowed;
(2) an institutional course offered on a clock-hour basis, not leading to a standard college degree, in which theoretical or classroom instruction predominates shall be considered a full-time course when a minimum of 18 hours per week net of instruction (excluding supervised study but which may include customary intervals not to exceed 10 minutes between hours of instruction) is required;
(3) an academic high school course requiring sixteen units for a full course shall be considered a full-time course when (A) a minimum of four units per year is required or (B) an individual is pursuing a program of education leading to an accredited high school diploma at a rate which, if continued, would result in receipt of such a diploma in four ordinary school years. For the purpose of subclause (A) of this clause, a unit is defined to be not less than one hundred and twenty sixty-minute hours or their equivalent of study in any subject in one academic year;
(4) an institutional undergraduate course offered by a college or university on a standard quarter- or semester-hour basis, other than a course pursued as part of a program of education beyond the baccalaureate level, shall be considered a full-time course when a minimum of fourteen semester hours per semester or the equivalent thereof (including such hours for which no credit is granted but which are required to be taken to correct an educational deficiency and which the educational institution considers to be quarter or semester hours for other administrative purposes), for which credit is granted toward a standard college degree, is required, except that where such college or university certifies, upon the request of the Secretary, that (A) full-time tuition is charged to all undergraduate students carrying a minimum of less than fourteen such semester hours or the equivalent thereof, or (B) all undergraduate students carrying a minimum of less than fourteen such semester hours or the equivalent thereof, are considered to be pursuing a full-time course for other administrative purposes, then such an institutional undergraduate course offered by such college or university with such minimum number of such semester hours shall be considered a full-time course, but in the event such minimum number of semester hours is less than twelve semester hours or the equivalent thereof, then twelve semester hours or the equivalent thereof shall be considered a full-time course;
(5) a program of apprenticeship or a program of other on-job training shall be considered a full-time program when the eligible veteran or person is required to work the number of hours constituting the standard workweek of the training establishment, but a workweek of less than thirty hours shall not be considered to constitute full-time training unless a lesser number of hours has been established as the standard workweek for the particular establishment through bona fide collective bargaining;
(6) an institutional course offered as part of a program of education, not leading to a standard college degree, under section 3034(a)(3), 3241(a)(2), or 3533(a) of this title shall be considered a full-time course on the basis of measurement criteria provided in clause (2), (3), or (4) of this subsection as determined by the educational institution; and
(7) an institutional course not leading to a standard college degree offered by an educational institution on a standard quarter- or semester-hour basis shall be measured as full time on the same basis as provided in paragraph (4) of this subsection, but if the educational institution offering the course is not an institution of higher learning, then in no event shall such course be considered full time when it requires less than the minimum weekly hours of attendance required for full time by paragraph (1) or (2) of this subsection, as appropriate.
(b) The Secretary shall define part-time training in the case of the types of courses referred to in subsection (a), and shall define full-time and part-time training in the case of all other types of courses pursued under this chapter, chapter 30, 32, 33, or 35 of this title, or chapter 106 of title 10.
(Added Pub. L. 92–540, title III, § 316(2), Oct. 24, 1972, 86 Stat. 1086, § 1788; amended Pub. L. 93–508, title II, § 211, Dec. 3, 1974, 88 Stat. 1585; Pub. L. 94–502, title V, § 509(a), Oct. 15, 1976, 90 Stat. 2400; Pub. L. 95–202, title III, § 304(a)(3), Nov. 23, 1977, 91 Stat. 1442; Pub. L. 96–466, title III, § 345, title VI, § 601(f), Oct. 17, 1980, 94 Stat. 2199, 2208; Pub. L. 97–295, § 4(58), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 99–576, title III, § 315(a)(2), (b), Oct. 28, 1986, 100 Stat. 3274; Pub. L. 100–322, title III, § 321(a), May 20, 1988, 102 Stat. 535; Pub. L. 101–237, title IV, §§ 413(a), 417, 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2085, 2086, 2092; renumbered § 3688 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title III, § 316(a), Oct. 29, 1992, 106 Stat. 4333; Pub. L. 103–446, title VI, § 607, title XII, § 1201(e)(12), Nov. 2, 1994, 108 Stat. 4672, 4685; Pub. L. 110–252, title V, § 5003(b)(2)(A)(ii), June 30, 2008, 122 Stat. 2375.)

CITE AS: 38 USC 3688

§ 3689. Approval requirements for licensing and certification testing
(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. 106–419, title I, § 122(c)(1), Nov. 1, 2000, 114 Stat. 1835; amended Pub. L. 107–330, title III, § 308(d), Dec. 6, 2002, 116 Stat. 2828; Pub. L. 110–252, title V, § 5003(b)(2)(A)(iii), June 30, 2008, 122 Stat. 2375; Pub. L. 111–377, title II, § 203(a)(2)(C), Jan. 4, 2011, 124 Stat. 4125; Pub. L. 117–76, § 3(c)(1), Dec. 21, 2021, 135 Stat. 1518.)

CITE AS: 38 USC 3689

§ 3690. Overcharges by educational institutions; discontinuance of allowances; examination of records; false or misleading statements
(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 Secretary’s 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. 92–540, title III, § 316(2), Oct. 24, 1972, 86 Stat. 1088, § 1790; amended Pub. L. 94–502, title V, §§ 510, 513(a)(19), Oct. 15, 1976, 90 Stat. 2401, 2403; Pub. L. 95–202, title III, § 306, Nov. 23, 1977, 91 Stat. 1445; Pub. L. 96–466, title VIII, § 801(f), Oct. 17, 1980, 94 Stat. 2216; Pub. L. 97–295, § 4(59), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 97–306, title II, § 207, Oct. 14, 1982, 96 Stat. 1435; Pub. L. 101–237, title IV, § 423(a)(9), (b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3690, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–86, title V, § 506(b)(1), Aug. 14, 1991, 105 Stat. 426; Pub. L. 109–233, title V, § 503(8)(A), June 15, 2006, 120 Stat. 416; Pub. L. 110–252, title V, § 5003(b)(2)(A)(iv), June 30, 2008, 122 Stat. 2375; Pub. L. 117–76, § 3(c)(2), Dec. 21, 2021, 135 Stat. 1519.)

CITE AS: 38 USC 3690

§ 3691. Change of program
(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 veteran’s or person’s own misconduct, the veteran’s or person’s own neglect, or the veteran’s or person’s 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 veteran’s or person’s aptitudes, interests, and abilities; and
(2) in any instance where the eligible veteran or eligible person has interrupted, or failed to progress in, the veteran’s or person’s program due to the veteran’s or person’s own misconduct, the veteran’s or person’s own neglect, or the veteran’s or person’s 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. 92–540, title III, § 316(2), Oct. 24, 1972, 86 Stat. 1089, § 1791; amended Pub. L. 94–502, title V, § 513(a)(20), Oct. 15, 1976, 90 Stat. 2403; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101–366, title II, § 208(a), Aug. 15, 1990, 104 Stat. 443; renumbered § 3691, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title III, § 317, Oct. 29, 1992, 106 Stat. 4334; Pub. L. 110–389, title III, § 324, Oct. 10, 2008, 122 Stat. 4168.)

CITE AS: 38 USC 3691

§ 3691A. Withdrawal or leave of absence from certain education
(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. 117–328, div. U, title II, § 216(a), Dec. 29, 2022, 136 Stat. 5455.)

CITE AS: 38 USC 3691A

§ 3692. Advisory committee
(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. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 23, § 1788; renumbered § 1792 and amended Pub. L. 92–540, title III, § 316(2), (3), Oct. 24, 1972, 86 Stat. 1086, 1089; Pub. L. 96–466, title III, § 346, Oct. 17, 1980, 94 Stat. 2200; Pub. L. 99–576, title III, § 304, Oct. 28, 1986, 100 Stat. 3269; Pub. L. 100–689, title I, § 123, Nov. 18, 1988,

CITE AS: 38 USC 3692

§ 3693. Compliance surveys
(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. 94–502, title V, § 511(1), Oct. 15, 1976, 90 Stat. 2401, § 1793; amended Pub. L. 100–322, title III, § 322, May 20, 1988, 102 Stat. 535; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3693, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 114–315, title IV, § 411, Dec. 16, 2016, 130 Stat. 1561; Pub. L. 117–333, § 12(b), Jan. 5, 2023, 136 Stat. 6134.)

CITE AS: 38 USC 3693

§ 3694. Use of other Federal agencies
(a)In General.—In carrying out the Secretary’s 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 servicemember’s 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. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 23, § 1790; renumbered § 1794, Pub. L. 92–540, title III, § 316(2), Oct. 24, 1972, 86 Stat. 1086; amended Pub. L. 94–502, title V, § 513(a)(21), Oct. 15, 1976, 90 Stat. 2403; Pub. L. 101–237, title IV, § 423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3694, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 108–454, title I, § 107, Dec. 10, 2004, 118 Stat. 3603.)

CITE AS: 38 USC 3694

§ 3695. Limitation on period of assistance under two or more programs
(a)
(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 96–342, 10 U.S.C. 2141 note).
(7) The Hostage Relief Act of 1980 (Public Law 96–449, 5 U.S.C. 5561 note).
(8) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99–399).
(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. 90–631, § 1(d)(1), Oct. 23, 1968, 82 Stat. 1331, § 1791; renumbered § 1795 and amended Pub. L. 92–540, title III, § 316(2), title IV, § 403(13), Oct. 24, 1972, 86 Stat. 1086, 1090; Pub. L. 96–466, title I, § 103, Oct. 17, 1980, 94 Stat. 2187; Pub. L. 98–223, title II, § 203(c)(2), Mar. 2, 1984, 98 Stat. 41; Pub. L. 98–525, title VII, § 703(d), Oct. 19, 1984, 98 Stat. 2564; Pub. L. 101–237, title IV, § 423(a)(8)(B), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3695 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 106–65, div. A, title V, § 551(b), Oct. 5, 1999, 113 Stat. 614; Pub. L. 107–103, title V, § 509(d), Dec. 27, 2001, 115 Stat. 997; Pub. L. 107–107, div. A, title X, § 1048(i)(8), Dec. 28, 2001, 115 Stat. 1229; Pub. L. 108–375, div. A, title V, § 527(b)(2), Oct. 28, 2004, 118 Stat. 1894; Pub. L. 110–252, title V, § 5003(b)(1)(B), June 30, 2008, 122 Stat. 2375; Pub. L. 112–154, title IV, § 401(a), Aug. 6, 2012, 126 Stat. 1188; Pub. L. 117–333, § 3(e)(3)(B)(ii), Jan. 5, 2023, 136 Stat. 6128.)

CITE AS: 38 USC 3695

§ 3696. Prohibition on certain advertising, sales, and enrollment practices
(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 student’s 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, span 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 student’s responsibility to repay any loans, regardless of whether the student is successful in completing the program and obtaining employment; and
(v) the student’s 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 person’s 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 1
1 So in original. Probably should be “for”.
Benefit’s 2
2 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 Secretary’s 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 institution’s, or owner’s, 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)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. 93–508, title II, § 212(a), Dec. 3, 1974, 88 Stat. 1585, § 1796; amended Pub. L. 94–502, title V, §§ 512, 513(a)(22), Oct. 15, 1976, 90 Stat. 2402, 2403; Pub. L. 98–543, title IV, § 401, Oct. 24, 1984, 98 Stat. 2749; Pub. L. 101–237, title IV, § 423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3696 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 112–249, § 2, Jan. 10, 2013, 126 Stat. 2401; Pub. L. 116–315, title I, § 1020(a)(1), Jan. 5, 2021, 134 Stat. 4950; Pub. L. 117–16, § 7(a)(5), June 8, 2021, 135 Stat. 285; Pub. L. 117–76, § 3(b)(3), Dec. 21, 2021, 135 Stat. 1518.)

CITE AS: 38 USC 3696

§ 3697. Funding of contract educational and vocational counseling
(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. 100–687, div. B, title XIII, § 1302(a), Nov. 18, 1988, 102 Stat. 4127, § 1797; amended Pub. L. 101–237, title IV, § 423(b)(1)(B), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102–16, § 2(b)(3), Mar. 22, 1991, 105 Stat. 49; renumbered § 3697 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title VI, § 609(a), Nov. 2, 1994, 108 Stat. 4673; Pub. L. 110–252, title V, § 5003(b)(2)(A)(vi), June 30, 2008, 122 Stat. 2375.)

CITE AS: 38 USC 3697

§ 3697A. Educational and vocational counseling
(a) The Secretary shall make available to an individual described in subsection (b) of this section, upon such individual’s 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 individual’s 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 individual’s 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. 102–16, § 2(a), Mar. 22, 1991, 105 Stat. 48, § 1797A; renumbered § 3697A, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; amended Pub. L. 110–252, title V, § 5003(b)(2)(B), June 30, 2008, 122 Stat. 2375.)

CITE AS: 38 USC 3697A

§ 3697B. On-campus educational and vocational counseling
(a)In General.—The Secretary shall provide educational and vocational counseling services for individuals described in section 3697A(b) of this title at locations on the campuses of institutions of higher learning selected by the Secretary. Such counseling services shall be provided by employees of the Department who provide such services under section 3697A of this title.
(b)Selection of Locations.—
(1) To be selected by the Secretary under this section, an institution of higher learning shall provide an appropriate space on the campus of the institution where counseling services can be provided under this section.
(2) In selecting locations for the provision of counseling services under this section, the Secretary shall seek to select locations where the maximum number of veterans would have access to such services.
(c)Annual Report.—Not later than 180 days after the date of the enactment of this section, and each year thereafter, the Secretary shall submit to Congress a report on the counseling services provided under this section. Such report shall include, for the year covered by the report—
(1) the average ratio of counselors providing such services to individuals who received such services at each location where such services were provided;
(2) a description of such services provided;
(3) the recommendations of the Secretary for improving the provision of such services; and
(4) any other matters the Secretary determines appropriate.
(Added Pub. L. 115–48, title III, § 307(a), Aug. 16, 2017, 131 Stat. 993.)

CITE AS: 38 USC 3697B

§ 3698. Comprehensive policy on providing education information to veterans
(a)Comprehensive Policy Required.—The Secretary shall develop a comprehensive policy to improve outreach and transparency to veterans and members of the Armed Forces 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) allows institutions of higher learning to verify feedback and address issues regarding feedback before the feedback is published;
(B) protects the privacy of students, including by not publishing the names of students; and
(C) publishes only feedback that conforms with criteria for relevancy that the Secretary shall determine.
(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 agency’s 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 veterans and members of the Armed Forces with information regarding postsecondary education and training opportunities available to the veteran or member.
(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) a description of Federal student aid programs; 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;
(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.);
(v) the tuition and fees;
(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);
(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 institution’s 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; and
(xv) whether the institution is gender specific.
(2) 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.
(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 1
1 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 1 (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. 112–249, § 1(a)(1), Jan. 10, 2013, 126 Stat. 2398; amended Pub. L. 115–48, title III, § 303, Aug. 16, 2017, 131 Stat. 991; Pub. L. 115–407, title I, § 104, Dec. 31, 2018, 132 Stat. 5371; Pub. L. 117–16, § 3(a), (b), June 8, 2021, 135 Stat. 282.)

CITE AS: 38 USC 3698

§ 3699. Effects of closure or disapproval of educational institution
(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 individual’s entitlement is not charged shall be the entire period of the individual’s 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 shall apply with respect to a course or program of education closed or discontinued before September 30, 2025.
(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 individual’s entitlement to educational assistance pursuant to this section.
(Added Pub. L. 115–48, title I, § 109(a)(1), Aug. 16, 2017, 131 Stat. 978; amended Pub. L. 116–61, § 6(6), Sept. 30, 2019, 133 Stat. 1117; Pub. L. 116–315, title I, §§ 1007(a), 1021(a), Jan. 5, 2021, 134 Stat. 4940, 4958; Pub. L. 117–297, § 2, Dec. 27, 2022, 136 Stat. 4375; Pub. L. 117–333, § 8(a), Jan. 5, 2023, 136 Stat. 6130; Pub. L. 118–19, § 2, Oct. 6, 2023, 137 Stat. 106.)

CITE AS: 38 USC 3699

§ 3699A. Provision of certain information to educational institutions
(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. 115–48, title III, § 308(a), Aug. 16, 2017, 131 Stat. 994.)

CITE AS: 38 USC 3699A

§ 3699B. Treatment of certain for-profit educational institutions
(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. 116–315, title I, § 1022(a), Jan. 5, 2021, 134 Stat. 4959.)

CITE AS: 38 USC 3699B