Section 3696(e)(2)(B) of this title, referred to in subsec. (f)(2)(A)(i), probably should be a reference to section 3696(b)(2)(B) of this title, because section 3696(b)(2)(B), as amended generally by Pub. L. 116–315, § 1020(a)(1), defines the term “misrepresentation”, and section 3696(e) does not contain a par. (2)(B).

2021—Subsec. (a)(1). Pub. L. 116–315, § 1017(a)(1), inserted “(including failure to comply with a risk-based survey under this chapter or secure an affirmation of approval by the appropriate State approving agency following the survey)” after “requirements of this chapter”.

Subsec. (a)(3). Pub. L. 117–16, § 7(a)(4), redesignated subsec. (f) defining term “risk-based survey” in this section as par. (3) of subsec. (a).

Subsec. (c)(1). Pub. L. 117–68, § 2(a)(1), substituted “33, or 35” for “or 33”.

Subsec. (c)(2)(A). Pub. L. 116–315, § 1005(a)(1), struck out “less than three years before the date of enrollment in the course concerned” before period at end.

Pub. L. 116–283 substituted “air, or space service” for “or air service”.

Subsec. (c)(2)(D). Pub. L. 117–68, § 2(a)(2), added subpar. (D).

Subsec. (c)(4). Pub. L. 116–315, § 1005(a)(2), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (c)(6). Pub. L. 117–68, § 2(a)(3), substituted “33, and 35” for “and 33”.

Subsec. (e)(1)(A). Pub. L. 117–68, § 2(b)(1)(A), substituted “, 33, or 35” for “or 33” in introductory provisions.

Subsec. (e)(1)(B). Pub. L. 117–68, § 2(b)(1)(B), substituted “33, or 35” for “or 33”.

Subsec. (e)(2). Pub. L. 117–68, § 2(b)(2), substituted “33, or 35” for “or 33”.

Subsec. (f). Pub. L. 117–16, § 7(a)(4), redesignated subsec. (f) defining term “risk-based survey” in this section as par. (3) of subsec. (a).

Pub. L. 116–315, § 1018(a), added subsec. (f) related to action by State approving agency.

Pub. L. 116–315, § 1017(a)(2), added subsec. (f) defining term “risk-based survey” in this section.

Subsec. (f)(1)(E). Pub. L. 117–16, § 6(1), inserted “, to the maximum extent practicable,” after “including”.

Subsec. (f)(2). Pub. L. 117–16, § 6(2)(A), inserted “, or any person with whom the institution has an agreement to provide educational programs, marketing, advertising, recruiting or admissions services,” after “educational institution” in introductory provisions.

Subsec. (f)(2)(A)(ii). Pub. L. 117–16, § 6(2)(B), substituted “one-month” for “1-month”.

Subsec. (f)(2)(B). Pub. L. 117–76, § 3(b)(1)(A)(i), inserted “, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance” after “assistance”.

Pub. L. 117–16, § 6(2)(C), added subpar. (B) and struck out former subpar. (B) which read as follows: “Pays inducements, including any gratuity, favor, discount, entertainment, hospitality, loan, transportation, lodging, meals, or other item having a monetary value of more than a de minimis amount, to any individual or entity, or its agents including third party lead generators or marketing firms other than salaries paid to employees or fees paid to contractors in conformity with all applicable laws for the purpose of securing enrollments of covered individuals or obtaining access to educational assistance under this title, with the exception of scholarships, grants, and tuition reductions provided by the educational institution.”

Subsec. (f)(2)(C). Pub. L. 117–76, § 3(b)(1)(A)(ii), added subpar. (C).

Subsec. (f)(4)(A)(ii), (iii). Pub. L. 117–16, § 6(3), added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows: “Disapproving a course for purposes of this chapter.”

Subsec. (f)(5)(A). Pub. L. 117–16, § 6(4), substituted “one-academic-year period” for “1-academic-year period”.

Subsec. (f)(7), (8). Pub. L. 117–76, § 3(b)(1)(B), (C), added par. (7) and redesignated former par. (7) as (8).

2018—Subsec. (c)(1). Pub. L. 115–251, § 301(a)(1), substituted “chapter 30, 31, or 33” for “chapter 30 or 33”.

Subsec. (c)(2)(C). Pub. L. 115–251, § 301(a)(2), added subpar. (C).

Subsec. (c)(3). Pub. L. 115–251, § 301(a)(3), substituted “paragraph (2)(A), (2)(B), or (2)(C)” for “paragraph (2)(A) or (2)(B)”.

Subsec. (c)(6). Pub. L. 115–251, § 301(a)(4), substituted “chapters 30, 31, and 33” for “chapters 30 and 33”.

Subsec. (e). Pub. L. 115–407 added subsec. (e).

2017—Subsec. (c)(2)(B)(i). Pub. L. 115–48 substituted “3311(b)(8)” for “3311(b)(9)”.

2016—Subsec. (a). Pub. L. 114–228 substituted “(1) Except as provided by paragraph (2), any course” for “Any course” and added par. (2).

Subsec. (c)(2)(B). Pub. L. 114–315, § 417(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “An individual who is entitled to assistance under section 3311(b)(9) or 3319 of this title by virtue of such individual’s relationship to a veteran described in subparagraph (A).”

Subsec. (d). Pub. L. 114–315, § 409(e), added subsec. (d).

2014—Subsec. (c). Pub. L. 113–146 added subsec. (c).

Subsec. (c)(1). Pub. L. 113–175, which directed amendment of par. (1) generally, was executed by amending par. (1) as added by Pub. L. 113–146, applicable with respect to educational assistance provided for pursuit of a program of education during a quarter, semester, or term that begins after July 1, 2015, to reflect the probable intent of Congress. Prior to amendment, par. (1) read as follows: “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 to a covered individual pursuing a course of education with educational assistance under chapter 30 or 33 of this title while living in the State in which the public institution of higher learning is located if the institution charges tuition and fees for that course for the covered individual 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.” See Effective Date of 2014 Amendment note below.

2011—Subsec. (a). Pub. L. 111–377 inserted “the Secretary or” after “disapproved by” in two places.

1991—Pub. L. 102–83 renumbered section 1779 of this title as this section.

1989—Subsec. (b). Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing and “Secretary’s” for “Administrator’s”.

1976—Subsec. (b). Pub. L. 94–502 substituted “the Administrator’s disapproval” for “his disapproval”.

Pub. L. 117–76, § 3(b)(2), Dec. 21, 2021, 135 Stat. 1518, provided that: “The Secretary of Veterans Affairs may not carry out subsection (f) of section 3679 of title 38, United States Code, until August 1, 2022, except that, beginning on June 15, 2022, an educational institution may submit an application for a waiver under paragraph (5) of such subsection.”

Pub. L. 117–68, § 2(c), Nov. 30, 2021, 135 Stat. 1494, provided that: “The amendments made by this Act [amending this section] shall take effect on the date of the enactment of this Act [Nov. 30, 2021] and shall apply with respect to an academic period that begins on or after August 1, 2022.”

Pub. L. 116–315, title I, § 1005(b), Jan. 5, 2021, 134 Stat. 4940, provided that: “The amendments made by this section [amending this section] shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2021.”

Pub. L. 116–315, title I, § 1017(b), Jan. 5, 2021, 134 Stat. 4946, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on August 1, 2021.”

Pub. L. 116–315, title I, § 1018(b), Jan. 5, 2021, 134 Stat. 4949, provided that: “The amendment made by this section [amending this section] shall take effect on June 15, 2021, and shall apply to an educational institution beginning on August 1, 2021, except that an educational institution may submit an application for a waiver under subsection (f)(5) of section 3679 of title 38, United States Code, as added by subsection (a), beginning on June 15, 2021.”

Pub. L. 115–251, title III, § 301(b), Sept. 29, 2018, 132 Stat. 3178, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to courses of education provided during a quarter, semester, or term, as applicable, that begins after March 1, 2019.”

Amendment by Pub. L. 115–48 effective Aug. 1, 2020, see section 105(d) of Pub. L. 115–48, set out as a note under section 3311 of this title.

Pub. L. 114–315, title IV, § 417(b), Dec. 16, 2016, 130 Stat. 1565, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to a course, semester, or term that begins after July 1, 2017.”

Pub. L. 113–146, title VII, § 702(b), Aug. 7, 2014, 128 Stat. 1797, provided that: “Subsection (c) of section 3679 of title 38, United States Code (as added by subsection (a) of this section), shall apply with respect to educational assistance provided for pursuit of a program of education during a quarter, semester, or term, as applicable, that begins after July 1, 2015.”

Amendment by Pub. L. 111–377 effective Aug. 1, 2011, see section 203(e) of Pub. L. 111–377, set out as a note under section 3034 of this title.

Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Pub. L. 115–407, title I, § 103(c), Dec. 31, 2018, 132 Stat. 5370, provided that: “In a case in which an individual is unable to meet a financial obligation to an educational institution due to the delayed disbursement of a payment to be provided by the Secretary under chapter 31 or 33 of such title [title 38] and the amount of such disbursement is less than anticipated, nothing in section 3679(e) of such title, as added by subsection (a), shall be construed to prohibit an educational institution from requiring additional payment or imposing a fee for the amount that is the difference between the amount of the financial obligation and the amount of the disbursement.”