Chapter 36, Subchapter II, Section 3679, Subsection (c) · 38 U.S.C. Chapter 36 — ADMINISTRATION OF EDUCATIONAL BENEFITS

Contents

(c)

(1)Notwithstanding any other provision of this chapter and subject to paragraphs (3) through (6), the Secretary shall disapprove a course of education provided by a public institution of higher learning if the institution charges tuition and fees for that course for covered individuals who are pursuing the course with educational assistance under chapter 30, 31, 33, or 35 of this title, or chapter 1606 of title 10, while living in the State in which the institution is located at a rate that is higher than the rate the institution charges for tuition and fees for that course for residents of the State in which the institution is located, regardless of the covered individual’s State of residence.

(2)For purposes of this subsection, a covered individual is any individual as follows:

(A)A veteran who was discharged or released from a period of not fewer than 90 days of service in the active military, naval, air, or space service.

(B)An individual who is entitled to assistance under—

(i)section 3311(b)(8) of this title; or

(ii)section 3319 of this title by virtue of the individual’s relationship to—

(I)a veteran described in subparagraph (A); or

(II)a member of the uniformed services described in section 3319(b) of this title who is serving on active duty.

(C)An individual who is entitled to rehabilitation under section 3102(a) of this title.

(D)An individual who is entitled to assistance under section 3510 of this title.

(E)An individual who is entitled to assistance under section 16131 of title 10.

(3)If after enrollment in a course of education that is subject to disapproval under paragraph (1) by reason of paragraph (2)(A), (2)(B), or (2)(C) a covered individual pursues one or more courses of education at the same public institution of higher learning while remaining continuously enrolled (other than during regularly scheduled breaks between courses, semesters or terms) at that institution of higher learning, any course so pursued by the covered individual at that institution of higher learning while so continuously enrolled shall also be subject to disapproval under paragraph (1).

(4)

(A)It shall not be grounds to disapprove a course of education under paragraph (1) if a public institution of higher learning requires a covered individual pursuing a course of education at the institution to demonstrate an intent, by means other than satisfying a physical presence requirement, to establish residency in the State in which the institution is located, or to satisfy other requirements not relating to the establishment of residency, in order to be charged tuition and fees for that course at a rate that is equal to or less than the rate the institution charges for tuition and fees for that course for residents of the State.

(B)To the extent feasible, the Secretary shall make publicly available on the internet website of the Department a database explaining any requirements described in subparagraph (A) that are established by a public institution of higher learning for an individual to be charged tuition and fees at a rate that is equal to or less than the rate the institution charges for tuition and fees for residents of the State in which the institution is located. The Secretary shall disapprove a course of education provided by such an institution that does not provide the Secretary—

(i)an initial explanation of such requirements; and

(ii)not later than 90 days after the date on which any such requirements change, the updated requirements.

(5)The Secretary may waive such requirements of paragraph (1) as the Secretary considers appropriate.

(6)Disapproval under paragraph (1) shall apply only with respect to educational assistance under chapters 30, 31, 33, and 35 of this title, or chapter 1606 of title 10.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 28

Show every defined 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.
College Navigator website
has the meaning given that term in section 132 of the Higher Education Act 2 (20 U.S.C. 1015a).
covered education
means a course of education—
covered educational assistance
means educational assistance under chapter 30, 33, or 35 of this title, or section 3699C of this title.
covered individual
means 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.
covered member
means a member of the Armed Forces (including the reserve components) enrolled in covered education.
covered officer or employee of the Department
means an officer or employee of the Department who—
covered reason
means any reason related to an emergency situation, including—
covered service
means—
covered study-abroad course
means a course that—
emergency situation
means a situation that—
entrepreneurship course
means a non-degree, non-credit course of business education that enables or assists a person to start or enhance a small business concern (as defined pursuant to section 3(a) of the Small Business Act (15 U.S.C. 632(a))).
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.
high technology program of education
means a program of education—
individual
means— as the case may be.
institution concerned
means, with respect to a covered member, the institution of higher education where the covered member is enrolled in covered education.
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).
institution of higher learning
has the meaning given that term in section 3452(f) of this title.
matching program
has the same meaning provided in section 552a(a)(8) of title 5.
minority serving institution
means any of the following:
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.
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.
multi-State apprenticeship program
means a non-Federal apprenticeship program operating in more than one State that meets the minimum national program standards, as developed by the Department of Labor.
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.
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.
risk-based survey
means a risk-based survey developed under section 3673A(a) of this title.
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.
unemployed
includes being furloughed or being scheduled to work zero hours.