1
So in original.
2
 So in original. Probably should be followed by “of 1965”.
(
Editorial Notes
References in Text

The Higher Education Act of 1965, referred to in subsecs. (b)(3) and (c)(1)(C)(iv), (vi), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20, Education. 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. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.

Executive Order No. 13607, referred to in subsec. (d)(1), is set out as a note under section 3301 of this title.

Prior Provisions

A prior section 3698, added Pub. L. 93–508, title III, § 301(a), Dec. 3, 1974, 88 Stat. 1589, § 1798; amended Pub. L. 94–502, title V, §§ 502(a), 513(a)(23), Oct. 15, 1976, 90 Stat. 2399, 2403; Pub. L. 95–202, title I, § 104(3), title II, § 202, Nov. 23, 1977, 91 Stat. 1435, 1438; Pub. L. 95–476, title II, § 201, Oct. 18, 1978, 92 Stat. 1502; Pub. L. 96–466, title II, §§ 203(4), 213(4), title VI, §§ 601(h), 603(b), title VIII, § 801(g), Oct. 17, 1980, 94 Stat. 2189, 2191, 2208, 2209, 2216; Pub. L. 97–35, title XX, § 2005(d), Aug. 13, 1981, 95 Stat. 783; Pub. L. 97–295, § 4(60), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 97–306, title II, § 208, Oct. 14, 1982, 96 Stat. 1436; Pub. L. 98–543, title II, § 204(3), Oct. 24, 1984, 98 Stat. 2742; Pub. L. 100–689, title I, § 124(b), Nov. 18, 1988, 102 Stat. 4174; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102–16, § 5(a), Mar. 22, 1991, 105 Stat. 50; renumbered § 3698 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406, related to eligibility for loans under former subchapter III of this chapter, prior to repeal by Pub. L. 108–183, title III, § 306(e), (h)(2), Dec. 16, 2003, 117 Stat. 2661, effective 90 days after Dec. 16, 2003.

Amendments

2025—Subsec. (a). Pub. L. 118–210, § 215(b)(3)(A), substituted “individuals entitled to educational assistance under laws administered by the Secretary of Veterans Affairs” for “veterans and members of the Armed Forces”.

Subsec. (b)(2)(A). Pub. L. 118–210, § 215(c)(1)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “allows institutions of higher learning to verify feedback and address issues regarding feedback before the feedback is published;”.

Subsec. (b)(2)(C). Pub. L. 118–210, § 215(c)(1)(C), substituted “, and responses from institutions of higher learning to such feedback, that conform with criteria for relevancy that the Secretary shall determine;” for “that conforms with criteria for relevancy that the Secretary shall determine.”

Subsec. (b)(2)(D), (E). Pub. L. 118–210, § 215(c)(1)(B), (D), added subpars. (D) and (E).

Subsec. (b)(5). Pub. L. 118–210, § 215(b)(3)(B), substituted “individuals described in subsection (a)” for “veterans and members of the Armed Forces” and “the individual” for “the veteran or member”.

Subsec. (c)(1)(B). Pub. L. 118–210, § 215(b)(4)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: “a description of Federal student aid programs; and”.

Subsec. (c)(1)(C)(i). Pub. L. 118–210, § 215(b)(4)(B)(i), inserted “and a definition of each type of institution” before semicolon at end.

Subsec. (c)(1)(C)(iv). Pub. L. 118–210, § 215(b)(4)(B)(ii), inserted “and if so, which programs” before semicolon at end.

Subsec. (c)(1)(C)(v). Pub. L. 118–210, § 215(b)(4)(B)(iii), added cl. (v) and struck out former cl. (v) which read as follows: “the tuition and fees;”.

Subsec. (c)(1)(C)(vi). Pub. L. 118–210, § 215(b)(4)(B)(iv), inserted “disaggregated by—” after “Secretary of Education)” and added subcls. (I) to (III).

Subsec. (c)(1)(C)(xvi) to (xix). Pub. L. 118–210, § 215(b)(4)(B)(v)–(vii), added cls. (xvi) to (xix).

Subsec. (c)(2). Pub. L. 118–210, § 215(b)(5), designated existing provisions as subpar. (A) and added subpars. (B) and (C).

2021—Subsec. (c)(1)(C)(xiii) to (xv). Pub. L. 117–16, § 3(a)(1), added cls. (xiii) to (xv).

Subsec. (c)(2). Pub. L. 117–16, § 3(a)(2), inserted at end “To the extent practicable, the Secretary shall ensure that such information is provided in a searchable format.”

Subsec. (f)(3), (4). Pub. L. 117–16, § 3(b), added pars. (3) and (4).

2018—Subsec. (c)(1)(C)(xii). Pub. L. 115–407 added cl. (xii).

2017—Subsec. (c)(1)(C)(xi). Pub. L. 115–48 added cl. (xi).

Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment

Pub. L. 117–16, § 3(c), June 8, 2021, 135 Stat. 283, provided that: “The amendments made by this section [amending this section] shall apply with respect to the information provided under section 3698 of title 38, United States Code, beginning on the date that is two years after the date of the enactment of this Act [June 8, 2021].”

Improving Transparency and Accountability of Educational Institutions for Purposes of Veterans Educational Assistance

Pub. L. 118–210, title II, § 215, Jan. 2, 2025, 138 Stat. 2774, provided that:

“(a)
Requirement Relating to G.I. Bill Comparison Tool.—
“(1)
Requirement to maintain tool.—
The Secretary of Veterans Affairs shall maintain the G.I. Bill Comparison Tool that was established pursuant to Executive Order 13607 (77 Fed. Reg. 25861; relating to establishing principles of excellence for educational institutions serving service members, veterans, spouses, and other family members) and in effect on the day before the date of enactment of this Act [Jan. 2, 2025], or a successor tool, to provide relevant and timely information about programs of education approved under chapter 36 of title 38, United States Code, and the educational institutions that offer such programs.
“(2)
Data retention.—
The Secretary shall ensure that historical data that is reported via the tool maintained under paragraph (1) remains easily and prominently accessible on the benefits.va.gov website, or a successor website, for a period of not less than six years from the date of initial publication.
“(b)
Providing Timely and Relevant Education Information to Veterans, Members of the Armed Forces, and Other Individuals.—
“(1)
In general.—
Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Education, the Secretary of the Treasury, and the heads of other relevant Federal agencies, shall make such changes to the tool maintained under subsection (a) as the Secretary of Veterans Affairs determines appropriate to ensure that such tool is an effective and efficient method for providing information pursuant to section 3698(b)(5) of title 38, United States Code.
“(2)
Memorandum of understanding required.—
Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into a memorandum of understanding with the Secretary of Education and the heads other relevant Federal agencies, as the Secretary of Veterans Affairs determines appropriate, to obtain information on outcomes with respect to individuals who are entitled to educational assistance under the laws administered by the Secretary of Veterans Affairs and who are attending educational institutions. Such memorandum of understanding may include data sharing or computer matching agreements.
“(3)
Modification of scope of comprehensive policy on providing education information.—

[Amended this section.]

“(4)
G.I. bill comparison tool required disclosures.—

[Amended this section.]

“(5)
Clarity and anonymity of information provided.—

[Amended this section.]

“(c)
Improvements for Student Feedback.—

[Amended this section.]

“(d)
Training for Provision of Education Counseling Services.—
“(1)
In general.—
Not less than one year after the date of the enactment of this Act, the Secretary shall ensure that personnel employed by the Department of Veteran Affairs, or a contractor of the Department, to provide education benefits counseling, vocational or transition assistance, or similar functions, including employees or contractors of the Department who provide such counseling or assistance as part of the Transition Assistance Program, are trained on how—
“(A)
to use properly the tool maintained under subsection (a); and
“(B)
to provide appropriate educational counseling services to individuals described in section 3698(a) of such title [title 38, United States Code], as amended by subsection (b)(3)(A).
“(2)
Transition assistance program defined.—
In this subsection, the term ‘Transition Assistance Program’ means the program of counseling, information, and services under section 1142 of title 10, United States Code.”

Survey and Report; Definitions

Pub. L. 112–249, § 1(b)–(d), Jan. 10, 2013, 126 Stat. 2400, 2401, provided that:

“(b)
Survey.—
In developing the policy required by section 3698(a) of title 38, United States Code, as added by subsection (a), the Secretary of Veterans Affairs shall conduct a market survey to determine the availability of the following:
“(1)
A commercially available off-the-shelf online tool that allows a veteran or member of the Armed Forces to assess whether the veteran or member is academically ready to engage in postsecondary education and training opportunities and whether the veteran or member would need any remedial preparation before beginning such opportunities.
“(2)
A commercially available off-the-shelf online tool that provides a veteran or member of the Armed Forces with a list of providers of postsecondary education and training opportunities based on criteria selected by the veteran or member.
“(c)
Report.—
Not later than 90 days after the date of the enactment of this Act [Jan. 10, 2013], the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report that includes—
“(1)
a description of the policy developed by the Secretary under section 3698(a) of title 38, United States Code, as added by subsection (a);
“(2)
a plan of the Secretary to implement such policy; and
“(3)
the results of the survey conducted under subsection (b), including whether the Secretary plans to implement the tools described in such subsection.
“(d)
Definitions.—
In this section [enacting this note and this section]:
“(1)
Appropriate committees of congress.—
The term ‘appropriate committees of Congress’ means—
“(A)
the Committee on Veterans’ Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate; and
“(B)
the Committee on Veterans’ Affairs and the Committee on Education and the Workforce of the House of Representatives.
“(2)
Commercially available off-the-shelf.—
The term ‘commercially available off-the-shelf’ has the meaning given that term in section 104 of title 41, United States Code.
“(3)
Postsecondary education and training opportunities.—
The term ‘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.”