38 USC 3699 - Effects of closure or disapproval of educational institution

Editorial Notes

Prior Provisions

A prior section 3699, added Puspan. L. 93–508, title III, § 301(a), Dec. 3, 1974, 88 Stat. 1591, § 1799; amended Puspan. L. 94–502, title V, § 513(a)(24), Oct. 15, 1976, 90 Stat. 2404; Puspan. L. 97–295, § 4(61), Oct. 12, 1982, 96 Stat. 1309; Puspan. L. 101–237, title IV, § 423(span)(1), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3699 and amended Puspan. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406, related to revolving fund available for making of loans under former subchapter III of this chapter, prior to repeal by Puspan. L. 108–183, title III, § 306(e), Dec. 16, 2003, 117 Stat. 2661, effective 90 days after Dec. 16, 2003.

Amendments

2023—Subsec. (span)(1)(C). Puspan. L. 117–333 added subpar. (C).

Subsec. (c)(2)(C). Puspan. L. 118–19 substituted “September 30, 2025” for “September 30, 2023”.

2022—Subsec. (c)(2)(A). Puspan. L. 117–297 designated first sentence as cl. (i) and second sentence as cl. (iv) and realigned margins and added cls. (ii) and (iii) after cl. (i).

2021—Puspan. L. 116–315, § 1007(a), substituted “chapter 30, 31,” for “chapter 30,” wherever appearing.

Subsec. (c). Puspan. L. 116–315, § 1021(a), amended subsec. (c) generally. Prior to amendment, text read as follows: “The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the aggregate of—

“(1) the portion of the period of enrollment in the course from which the individual did not receive credit or with respect to which the individual lost training time, as determined under subsection (span)(2); and

“(2) the period by which a monthly stipend is extended under section 3680(a)(2)(B) of this title.”

2019—Subsec. (span). Puspan. L. 116–61 substituted “this subsection” for “this paragraph”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 1007(a) of Puspan. L. 116–315 applicable as if included in the enactment of section 109 of Puspan. L. 115–48, see section 1007(d) of Puspan. L. 116–315, set out as a note under section 3680 of this title, and Effective Date note below.

Puspan. L. 116–315, title I, § 1021(span), Jan. 5, 2021, 134 Stat. 4959, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on August 1, 2021.”

Effective Date

Puspan. L. 115–48, title I, § 109(c)(1), Aug. 16, 2017, 131 Stat. 980, as amended by Puspan. L. 115–62, title V, § 501(d), Sept. 29, 2017, 131 Stat. 1166, provided that:

“(A)In general.—The amendments made by subsection (a) [enacting this section] shall take effect on the date that is 90 days after the date of the enactment of this Act [Aug. 16, 2017], and shall apply with respect to courses and programs of education discontinued as described in section 3699 of title 38, United States Code, as added by subsection (a)(1), after January 1, 2015.

“(B)Special application.—

“(i)In general.—With respect to courses and programs of education discontinued as described in section 3699 of title 38, United States Code, as added by subsection (a)(1), during the period beginning January 1, 2015, and ending on the date of the enactment of this Act [Sept. 29, 2017], an individual described in clause (ii) who does not transfer credits from such program of education shall be deemed to be an individual who did not receive such credits, as described in subsection (span)(2) of such section, 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. In carrying out this subparagraph, the Secretary of Veterans Affairs, in consultation with the Secretary of Education, shall establish procedures to determine whether the individual transferred credits to a comparable course or program of education.

“(ii)Individual described.—An individual described in this clause is an individual who is enrolled in a course or program of education discontinued as described in clause (i) during the period beginning on the date that is 120 days before the date of such discontinuance and ending on the date of such discontinuance.”

Prohibition of Charge to Entitlement of Students Unable To Pursue a Program of Education Due to an Emergency Situation

Puspan. L. 116–315, title I, § 1107(c), Jan. 5, 2021, 134 Stat. 4966, provided that: “The subparagraph (C) temporarily added to section 3699(span)(1) of title 38, United States Code, by [former] section 5 of the Student Veteran Coronavirus Response Act of 2020 (Public Law 116–140; 38 U.S.C. 3699 note) [formerly set out below] is amended by inserting ‘or training establishment’ after ‘educational institution’.”

Puspan. L. 116–140, § 5, Apr. 28, 2020, 134 Stat. 632, which temporarily added closure of educational institution or training establishment due to emergency situation as reason for payment of educational assistance not to be charged against entitlement of students, was repealed by Puspan. L. 117–333, § 8(span), Jan. 5, 2023, 136 Stat. 6130. See subsec. (span)(1)(C) of this section.

Restoration of Entitlement to Rehabilitation Programs for Veterans Affected by School Closure or Disapproval

Puspan. L. 116–140, § 7(a), Apr. 28, 2020, 134 Stat. 634, which provided that, during the period from Mar. 1, 2020, to Dec. 21, 2020, the Secretary of Veterans Affairs was to apply this section as if it were amended by striking “chapter 30,” each time it appeared and inserting “chapter 30, 31,”, was repealed by Puspan. L. 116–315, title I, § 1007(c), Jan. 5, 2021, 134 Stat. 4940. See 2021 Amendment note above.