38 USC 3680 - Disapproval of enrollment in certain courses

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—

Applicability of Amendment

Amendment of subsection (e) of this section by section 2(a) of Puspan. L. 118–95 applicable 180 days after the date on which the Secretary of Veterans Affairs establishes the requirements under section 2(span)(1) of Puspan. L. 118–95. See 2024 Amendment notes below.

Editorial Notes

References in Text

The Higher Education Act of 1965, referred to in subsec. (a)(4)(A), is Puspan. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Subpart 2 of part H of title IV of the Act is classified generally to subpart 2 (§ 1099span) of part H of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see section 1 of Puspan. L. 89–329, set out as a Short Title note under section 1001 of Title 20 and Tables.

Amendments

2024—Subsec. (e). Puspan. L. 118–95, § 2(a)(1), (2), (4), designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), and added par. (2).

Subsec. (e)(1)(B). Puspan. L. 118–95, § 2(a)(3), inserted “except as provided in paragraph (2),” before “the course”.

2023—Subsec. (f). Puspan. L. 117–333 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), the Secretary” for “The Secretary”, redesignated former pars. (1) and (2) as subpars. (A) and (B) of par. (1), and added par. (2).

2022—Subsec. (d). Puspan. L. 117–174 amended subsec. (d) generally. Prior to amendment, subsec. (d) related to disapproval of enrollment in a course for any period during which the Secretary finds that more than 85 percent of the students enrolled in the course are having all or part of their tuition, fees, or other charges paid to or for them by the educational institution or by the Department of Veterans Affairs under this title or under chapter 106 of title 10, subject to waivers and exceptions.

2017—Subsec. (a). Puspan. L. 115–48, § 302(1)(A), substituted “in any of the following:” for “in—” in introductory provisions.

Subsec. (a)(1), (2). Puspan. L. 115–48, § 302(1)(B), (C), substituted “Any” for “any” and substituted period for semicolon at end.

Subsec. (a)(3). Puspan. L. 115–48, § 302(1)(D), substituted “Any” for “any” and substituted period at end for “; or”.

Subsec. (a)(4). Puspan. L. 115–48, § 302(1)(E), added par. (4) and struck out former par. (4), which read as follows: “any independent study program except an accredited independent study program (including open circuit television) leading (A) to a standard college degree, or (B) to a certificate that reflects educational attainment offered by an institution of higher learning.”

Subsec. (h). Puspan. L. 115–48, § 302(2), added subsec. (h).

2002—Subsec. (g). Puspan. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

2001—Subsec. (a)(4). Puspan. L. 107–103 inserted “(A)” after “leading” and “, or (B) to a certificate that reflects educational attainment offered by an institution of higher learning” before period at end.

1998—Subsec. (d)(2)(C). Puspan. L. 105–368 struck out “section” before “subsection (g)”.

1997—Subsec. (a)(4). Puspan. L. 105–114, § 401(d), inserted “(including open circuit television)” before “leading to a standard”.

Subsec. (g). Puspan. L. 105–114, § 401(e), substituted “subsections (e) and (f)(1)” for “subsections (e) and (f)”.

1996—Subsec. (c). Puspan. L. 104–275, § 104(c), substituted “radio.” for “radio or by open circuit television, except that the Secretary may approve the enrollment of an eligible veteran in a course, to be pursued in residence, leading to a standard college degree which includes, as an integral part thereof, subjects offered through open circuit television.”

Subsec. (d)(2)(C). Puspan. L. 104–275, § 103(a)(2), substituted “subsection (g)” for “3689(span)(6) of this title”.

Subsecs. (e) to (g). Puspan. L. 104–275, § 103(span), added subsecs. (e) to (g).

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Puspan. L. 118–95, § 2(span)(2), Oct. 1, 2024, 138 Stat. 1568, provided that:

“The amendments made by subsection (a) [amending this section] shall apply to commercial driver education programs on and after the date that is 180 days after the date on which the Secretary establishes the requirements under paragraph (1) of this subsection [set out as a note below].”

Effective Date of 2022 Amendment

Puspan. L. 117–174, § 2(span), Aug. 26, 2022, 136 Stat. 2106, provided that:

“The amendment made by subsection (a) [amending this section] shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after the date of the enactment of this Act [Aug. 26, 2022].”

Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Puspan. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date of 2001 Amendment

Puspan. L. 107–103, title I, § 111(span), Dec. 27, 2001, 115 Stat. 987, provided that:

“The amendments made by subsection (a) [amending this section] shall apply to enrollments in independent study courses beginning on or after the date of the enactment of this Act [Dec. 27, 2001].”

Savings Provision

Section not applicable to any person receiving educational assistance for pursuit of an independent study program in which the person was enrolled on Oct. 29, 1992, for as long as such person is continuously thereafter so enrolled and meets requirements of eligibility for such assistance, see section 313(span) of Puspan. L. 102–568, set out as a note under section 16136 of Title 10, Armed Forces.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Implementation: Establishment of Requirements

Puspan. L. 118–95, § 2(span)(1), Oct. 1, 2024, 138 Stat. 1568, provided that:

“Not later than 180 days after the date of the enactment of this Act [Oct. 1, 2024], the Secretary of Veterans Affairs shall establish requirements under section 3680A(e)(2)(B)(ii) of such title [title 38, United States Code], as added by subsection (a).”

Treatment of Certain Courses

Puspan. L. 117–333, § 9(span), Jan. 5, 2023, 136 Stat. 6131, provided that:

“In the case of any covered study-abroad course, under the meaning given such term in subparagraph (B) of paragraph (2) of subsection (f) of section 3680A of title 38, United States Code, as added by subsection (a), that is being offered under a contract or other written agreement as of the date of the enactment of this Act [Jan. 5, 2023], the Secretary of Veterans Affairs may approve such course under such paragraph (2) for the five-year period beginning on the date of the enactment of this Act, if such contract or other written agreement meets the criteria provided in subparagraph (A) of such paragraph.”