§3679. Disapproval of courses

(a) Any course approved for the purposes of this chapter which fails to meet any of the requirements of this chapter shall be immediately disapproved by the Secretary or the appropriate State approving agency. An educational institution which has its courses disapproved by the Secretary or a State approving agency will be notified of such disapproval by a certified or registered letter of notification and a return receipt secured.

(b) Each State approving agency shall notify the Secretary of each course which it has disapproved under this section. The Secretary shall notify the State approving agency of the Secretary's disapproval of any educational institution under chapter 31 of this title.

(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 or 33 of this title 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, or air service less than three years before the date of enrollment in the course concerned.

(B) 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).

(3) If after enrollment in a course of education that is subject to disapproval under paragraph (1) by reason of paragraph (2)(A) or (2)(B) 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) 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.

(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 and 33 of this title.

(Added Pub. L. 88–126, §1, Sept. 23, 1963, 77 Stat. 162 , §1778; renumbered §1779, Pub. L. 90–77, title III, §304(d), Aug. 31, 1967, 81 Stat. 186 ; amended Pub. L. 94–502, title V, §513(a)(4), Oct. 15, 1976, 90 Stat. 2402 ; Pub. L. 101–237, title IV, §423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092 ; renumbered §3679, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406 ; Pub. L. 111–377, title II, §203(d), Jan. 4, 2011, 124 Stat. 4126 ; Pub. L. 113–146, title VII, §702(a), Aug. 7, 2014, 128 Stat. 1796 ; Pub. L. 113–175, title IV, §409(i), Sept. 26, 2014, 128 Stat. 1908 .)

Amendments

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".

Effective Date of 2014 Amendment

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."

Effective Date of 2011 Amendment

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.

Effective Date of 1976 Amendment

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.