Chapter 36, Subchapter III, Section 3699, Subsection (c) · 38 U.S.C. Chapter 36 — ADMINISTRATION OF EDUCATIONAL BENEFITS

Contents

(c)

(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, including clauses (ii) and (iii) of subparagraph (A), shall apply with respect to the closure or discontinuation of a course or program of education, as described in subsection (b)(1), that occurs during the period beginning on August 1, 2021, and ending on December 11, 2026.

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.