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

The Higher Education Act of 1965, referred to in subsec. (a)(4)(A)(i), is Pub. 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 (§ 1099b) 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 Pub. L. 89–329, set out as a Short Title note under section 1001 of Title 20 and Tables.

2025—Subsec. (a)(4). Pub. L. 118–210, § 212(c)(1), added par. (4) and struck out former par. (4) which related to independent study programs.

Subsec. (a)(4)(C)(iii). Pub. L. 118–210, § 206(b)(2)(D), substituted “section 3676(c)(15) and (16)” for “section 3676(c)(14) and (15)”.

Subsec. (d)(8). Pub. L. 118–210, § 212(c)(2), added par. (8).

Subsec. (e)(2)(A). Pub. L. 118–210, § 209(a)(1)(A), substituted “institution if—” for “the commercial driver education program offered at the branch by the educational institution—” in introductory provisions.

2024—Subsec. (e). Pub. 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). Pub. L. 118–95, § 2(a)(3), inserted “except as provided in paragraph (2),” before “the course”.

Subsec. (e)(2)(A)(i), (ii). Pub. L. 118–210, § 209(a)(1)(B), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:

“(i) is appropriately licensed; and

“(ii) uses the same curriculum as a commercial driver education program offered by the educational institution at another location that is approved for purposes of this chapter by a State approving agency or the Secretary when acting in the role of a State approving agency.”

Subsec. (e)(2)(D). Pub. L. 118–210, § 209(a)(2), added subpar. (D).

2023—Subsec. (f). Pub. 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). Pub. 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). Pub. L. 115–48, § 302(1)(A), substituted “in any of the following:” for “in—” in introductory provisions.

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

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

Subsec. (a)(4). Pub. 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). Pub. L. 115–48, § 302(2), added subsec. (h).

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

2001—Subsec. (a)(4). Pub. 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). Pub. L. 105–368 struck out “section” before “subsection (g)”.

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

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

1996—Subsec. (c). Pub. 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). Pub. L. 104–275, § 103(a)(2), substituted “subsection (g)” for “3689(b)(6) of this title”.

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

Pub. L. 118–210, title II, § 209(c), Jan. 2, 2025, 138 Stat. 2766, provided that: “The amendments made by this section [amending this section] shall take effect as if included in such Act [Pub. L. 118–95] on the date of the enactment of such Act [Oct. 1, 2024].”

Pub. L. 118–95, § 2(b)(2), Oct. 1, 2024, 138 Stat. 1568, as amended by Pub. L. 118–210, title II, § 209(b)(1), Jan. 2, 2025, 138 Stat. 2766, 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 365 days after the date on which the Secretary establishes the requirements under paragraph (1) of this subsection [set out as a note below].”

Pub. L. 117–174, § 2(b), 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].”

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

Pub. L. 107–103, title I, § 111(b), 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].”

Pub. L. 118–95, § 2(b), Oct. 1, 2024, 138 Stat. 1568, as amended by Pub. L. 118–210, title II, § 209(b)(2), Jan. 2, 2025, 138 Stat. 2766, provided that: “In prescribing any regulation to carry out the amendments made by subsection (a) [amending this section], the Secretary of Veterans Affairs shall consult with State approving agencies designated under section 3671 of such title [title 38, United States Code].”

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(b) of Pub. L. 102–568, set out as a note under section 16136 of Title 10, Armed Forces.

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(b), 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.

Pub. L. 118–95, § 2(b)(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).”

Pub. L. 117–333, § 9(b), 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.”