Title 38 — Veterans’ Benefits
Part III · Chapter 36 — Administration of Educational Benefits
§ 3690. Overcharges by educational institutions; discontinuance of allowances; examination of records; false or misleading statements
Statutory text
Overcharges by Educational Institutions.—
If the Secretary finds that an educational institution has—
charged or received from any eligible veteran or eligible person pursuing a program of education under this chapter or chapter 34 or 35 of this title any amount for any course in excess of the charges for tuition and fees which such institution requires similarly circumstanced nonveterans not receiving assistance under such chapters who are enrolled in the same course to pay, or
instituted, after , a policy or practice with respect to the payment of tuition, fees, or other charges in the case of eligible veterans and the Secretary finds that the effect of such policy or practice substantially denies to veterans the benefits of the advance allowances under such section,
the Secretary may disapprove such educational institution for the enrollment of any eligible veteran or eligible person not already enrolled therein under this chapter or chapter 31, 34, or 35 of this title.
Discontinuance of Allowances.—
The Secretary may discontinue the educational assistance allowance of any eligible veteran or eligible person if the Secretary finds that the program of education or any course in which the veteran or person is enrolled fails to meet any of the requirements of this chapter or chapter 34 or 35 of this title, or if the Secretary finds that the educational institution offering such program or course has violated any provision of this chapter or chapter 34 or 35 of this title, or fails to meet any of the requirements of such chapters.
Except as provided in paragraph (3) of this subsection, any action by the Secretary under paragraph (1) of this subsection to discontinue (including to suspend) assistance provided to any eligible veteran or eligible person under this chapter or chapter 31, 32, 34, or 35 of this title shall be based upon evidence that the veteran or eligible person is not or was not entitled to such assistance. Whenever the Secretary so discontinues any such assistance, the Secretary shall concurrently provide written notice to such veteran or person of such discontinuance and that such veteran or person is entitled thereafter to a statement of the reasons for such action and an opportunity to be heard thereon.
The Secretary may suspend educational assistance to eligible veterans and eligible persons already enrolled, and may disapprove the enrollment or reenrollment of any eligible veteran or eligible person, in any course as to which the Secretary has evidence showing a substantial pattern of eligible veterans or eligible persons, or both, who are receiving such assistance by virtue of their enrollment in such course but who are not entitled to such assistance because (i) the course approval requirements of this chapter are not being met, or (ii) the educational institution offering such course has violated one or more of the recordkeeping or reporting requirements of this chapter or chapter 30, 32, 33, 34, or 35 of this title.
Action may be taken under subparagraph (A) of this paragraph only after—
the Secretary provides to the State approving agency concerned and the educational institution concerned written notice of any such failure to meet such approval requirements and any such violation of such recordkeeping or reporting requirements;
such institution refuses to take corrective action or does not within 60 days after such notice (or within such longer period as the Secretary determines is reasonable and appropriate) take corrective action; and
the Secretary, not less than 30 days before taking action under such subparagraph, provides to each eligible veteran and eligible person already enrolled in such course written notice of the Secretary’s intent to take such action (and the reasons therefor) unless such corrective action is taken within such 60 days (or within such longer period as the Secretary has determined is reasonable and appropriate), and of the date on which the Secretary intends to take action under such subparagraph.
Examination of Records.—
Except as provided in paragraph (2), notwithstanding any other provision of law, the records and accounts of educational institutions pertaining to eligible veterans or eligible persons who received educational assistance under this chapter or chapter 31, 32, 34, or 35 of this title, as well as the records of other students which the Secretary determines necessary to ascertain institutional compliance with the requirements of such chapters, shall be available for examination by duly authorized representatives of the Government.
Paragraph (1) does not apply to the records and accounts—
of an educational institution located in a foreign country; and
that pertain to an individual who is not receiving educational assistance under this chapter.
False or Misleading Statements.—
Whenever the Secretary finds that an educational institution has willfully submitted a false or misleading claim, or that a veteran or person, with the complicity of an educational institution, has submitted such a claim, the Secretary shall make a complete report of the facts of the case to the appropriate State approving agency and, where deemed advisable, to the Attorney General of the United States for appropriate action.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Vietnam Era Veterans’ Readjustment Assistance Act of 1972
Pub. L. 92–540 title III § 316(2) · 86 Stat. 1074
Enacted · 38 U.S.C. § 3690
Added Pub. L. 92–540, title III, § 316(2), Oct. 24, 1972, 86 Stat. 1088, § 1790
Source evidence
Code source credit
Added Pub. L. 92–540, title III, § 316(2), Oct. 24, 1972, 86 Stat. 1088, § 1790Enacted provision · exact public law section
(2) redesignating sections 1788, 1789, 1790, and 1791 as sections 1792, 1793, 1794, and 1795, respectively, and inserting after section 1787 the following new sections: “§ 1788. Measurement of courses “(a) For the purposes of this chapter and chapters 34 and 35 of this title— “(1) an institutional trade or technical course offered on a clock-hour basis below the college level involving shop practice as an integral part thereof, shall be considered a full-time course when a minimum of thirty hours per week of attendance is required with no more than two and one-half hours of rest periods per week allowed; “(2) an institutional course offered on a clock-hour basis below the college level in which theoretical or classroom instruction pre-dominates shall be considered a full-time course when a minimum of twenty-five hours per week net of instruction (which may include customary intervals not to exceed ten minutes between hours of instruction) is required; “(3) an academic high school course requiring sixteen units for a full course shall be considered a full-time course when (A) a minimum of four units per year is required or (B) an individual is pursuing a program of education leading to an accredited high school diploma at a rate which, if continued, would result in receipt of such a diploma in four ordinary school years. For the purpose of subclause (A) of this clause, a unit is defined to be not less than one hundred and twenty sixty-minute hours or their equivalent of study in any subject in one academic year; “(4) an institutional undergraduate course offered by a college or university on a quarter- or semester-hour basis shall be considered a full-time course when a minimum of fourteen semester hours or the equivalent thereof (including such hours for which no credit is granted but which are required to be taken to correct an educational deficiency and which the educational institution considers to be quarter or semester hours for other administrative purposes), for which credit is granted toward a standard college degree, is required, except that where such college or university certifies, upon the request of the Administrator, that (A) full-time tuition is charged to all undergraduate students carrying a minimum of less than fourteen such semester hours or the equivalent thereof, or (B) all undergraduate students carrying a minimum of less than fourteen such semester hours or the equivalent thereof, are considered to be pursuing a full-time course for other administrative purposes, then such an institutional undergraduate course offered by such college or university with such minimum number of such semester hours shall be considered a full-time course, but in the event such minimum number of semester hours is less than twelve semester hours or the equivalent thereof, then twelve semester hours or the equivalent thereof shall be considered a full-time course; “(5) a program of apprenticeship or a program of other on-job training shall be considered a full-time program when the eligible veteran or person is required to work the number of hours constituting the standard workweek of the training establishment, but a workweek of less than thirty hours shall not be, considered to constitute full-time training unless a lesser number of hours has been established as the standard workweek for the particular establishment through bona fide collective bargaining: and “(6) an institutional course offered as part of a program of education below the college level under section 1691(a)(2) or 1696(a) (2) of this title shall be considered a full-time course on 84 Stat. 79. 38 USC 1691, 1696. the basis of measurement criteria provided in clause (2), (3), or (4) as determined by the educational institution. “(b) The Administrator shall define part-time training in the case of the types of courses referred to in subsection (a), and shall define full-time and part-time training in the case of all other types of courses pursued under this chapter or chapter 34 or 35 of this title. 80 Stat. 12; 72 Stat. 1193. 38 USC 1651, 1700. “§ 1789. Period of operation for approval “(a) The Administrator shall not approve the enrollment of an eligible veteran or eligible person in any course offered by an educational institution when such course has been in operation for less than two years. “(b) Subsection (a) shall not apply to— “(1) any course to be pursued in a public or other tax-supported educational institution; “(2) any course which is offered by an educational institution which has been in operation for more than two years, if such course is similar in character to the instruction previously given by such institution; “(3) any course which has been offered by an institution for a period of more than two years, notwithstanding the institution has moved to another location within the same general locality, or has made a complete move with substantially the same faculty, curricula, and students, without change in ownership; “(4) any course which is offered by a nonprofit educational institution of college level and which is recognized for credit toward a standard college degree; or “(5) any course offered by a proprietary nonprofit educational institution which qualifies to carry out an approved program of education under the provisions of subchapter V or VI of chapter 84 Stat. 79. 38 USC 1690. Ante, p. 1082. 34 of this title (including those courses offered at other than the institution’s principal location) if the institution offering such course has been in operation for more than two years. “§ 1790. Overcharges by educational institutions; discontinuance of allowances; examination of records; false or misleading statements “(a) “Overcharges by Educational Institutions If the Administrator finds that an educational institution has— “(1) charged or received from any eligible veteran or elegible person pursuing a program of education under this chapter or chapter 34 or 35 of this title any amount for any course in excess of the charges for tuition and fees which such institution requires similarly circumstanced nonveterans not receiving assistance under such chapters who are enrolled in the same course to pay, or “(2) instituted, after the effective date of section 1780 of this Ante, p. 1076. title, a policy or practice with respect to the payment of tuition, fees, or other charges in the case of eligible veterans and the Administrator finds that the effect of such policy or practice substantially denies to veterans the benefits of the advance and prepayment allowances under such section, he may disapprove such educational institution for the enrollment of any eligible veteran or eligible person not already enrolled therein under this chapter or chapter 31, 34, or35,of this title, “(b) “Discontinuance of Allowances The Administrator may discontinue the educational assistance allowance of any eligible veteran or eligible person if he finds that the program of education or any course in which the veteran or person is enrolled fails to meet any of the requirements of this chapter or chapter 34 or 35 of this title, or if he finds that the educational institution offering such program or course has violated any provision of this chapter or chapter 34 or 35, or fails to meet any of the requirements of such chapters. “(c) “Examination of Records The records and accounts of educational institutions pertaining to eligible veterans or eligible persons who received educational assistance under this chapter or chapter 31, 34, or 35 of this title shall be 38 USC 1501, 1651, 1700. available for examination by duly authorized representatives of the Government. “(d) “False or Misleading Statements Whenever the Administrator finds that an educational institution has willfully submitted a false or misleading claim, or that a veteran or person, with the complicity of an educational institution, has submitted such a claim, he shall make a complete report of the Report. facts of the case to the appropriate State approving agency and, where deemed advisable, to the Attorney General of the United States for appropriate action. “§ 1791. Change of program “(a) Except as provided in subsections (b) and (c) of this section, each eligible veteran and eligible person may make not more than one change of program of education, but an eligible veteran or eligible person whose program has been interrupted or discontinued due to his own misconduct, his own neglect, or his own lack of application shall not be entitled to any such change. “(b) The Administrator may approve one additional change (or an initial change in the case of a veteran or person not eligible to make a change under subsection (a)) in program if he finds that— “(1) the program of education which the eligible veteran or eligible person proposes to pursue is suitable to his aptitudes, interests, and abilities; and “(2) in any instance where the eligible veteran or eligible person has interrupted, or failed to progress in, his program due to his own misconduct, his own neglect, or his own lack of application, there exists a reasonable likelihood with respect to the program which the eligible veteran or eligible person proposes to pursue that there will not be a recurrence of such an interruption or failure to progress. “(c) The Administrator may also approve additional changes in program if he finds such changes are necessitated by circumstances beyond the control of the eligible veteran or eligible person. “(d) As used in this section the term ‘change of program of education’ shall not lie deemed to include a change from the pursuit of one program to pursuit of another where the first program is prerequisite to, or generally required for, entrance into pursuit of the second.”; andVeterans’ Education and Employment Assistance Act of 1976
Pub. L. 94–502 § 513(a)(19) · 90 Stat. 2383
Substituted · 38 U.S.C. § 3690(a)
Pub. L. 94–502, § 513(a)(19), substituted “the Administrator may disapprove” for “he may disapprove”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 94–502, § 513(a)(19), substituted “the Administrator may disapprove” for “he may disapprove”.Enacted provision · exact public law section
(19) by striking out in subsections (a), (b),and (d) of section 1790 “he” each time it appears and inserting in lieu thereof “the Administrator”;Veterans’ Education and Employment Assistance Act of 1976
Pub. L. 94–502 § 513(a)(19) · 90 Stat. 2383
Substituted · 38 U.S.C. § 3690(b)
Pub. L. 94–502, § 513(a)(19), substituted “if the Administrator finds” for “if he finds” in two places
Source evidence
Code amendment note
Subsec. (b). Pub. L. 94–502, § 513(a)(19), substituted “if the Administrator finds” for “if he finds” in two places.Enacted provision · exact public law section
(19) by striking out in subsections (a), (b),and (d) of section 1790 “he” each time it appears and inserting in lieu thereof “the Administrator”;Veterans’ Education and Employment Assistance Act of 1976
Pub. L. 94–502 § 510 · 90 Stat. 2383
Substituted · 38 U.S.C. § 3690(c)
Pub. L. 94–502, § 510, substituted “chapter 31, 32, 34, or 35” for “chapter 31, 34, or 35” and required the records of other students which the Administrator determines necessary to ascertain institutional compliance to be available for inspection
Source evidence
Code amendment note
Subsec. (c). Pub. L. 94–502, § 510, substituted “chapter 31, 32, 34, or 35” for “chapter 31, 34, or 35” and required the records of other students which the Administrator determines necessary to ascertain institutional compliance to be available for inspection.Enacted provision · exact public law section
Sec. 510. Section 1790(c) of title 38, United States Code, is amended to read as follows: “(c) Notwithstanding any other provision of law, the records and accounts of educational institutions pertaining to eligible veterans or eligible persons who received educational assistance under this chapter or chapter 31. 32, 34, or 35 of this title, as well as the records of other 38 USC 1501. Ante, p. 2393. 38 USC 1651, 1700. students which the Administrator determines necessary to ascertain institutional compliance with the requirements of such chapters, shall be available for examination by duly authorized representatives of the Government.”.Veterans’ Education and Employment Assistance Act of 1976
Pub. L. 94–502 § 513(a)(19) · 90 Stat. 2383
Substituted · 38 U.S.C. § 3690(d)
Pub. L. 94–502, § 513(a)(19), substituted “the Administrator shall make” for “he shall make”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 94–502, § 513(a)(19), substituted “the Administrator shall make” for “he shall make”.Enacted provision · exact public law section
(19) by striking out in subsections (a), (b),and (d) of section 1790 “he” each time it appears and inserting in lieu thereof “the Administrator”;GI Bill Improvement Act of 1977
Pub. L. 95–202 title III § 306 · 91 Stat. 1433
Amended · 38 U.S.C. § 3690(b)
Pub. L. 95–202 designated existing provisions as par. (1)
Added · 38 U.S.C. § 3690(b)
Pub. L. 95–202 added par. (2)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–202 designated existing provisions as par. (1) and added par. (2).Enacted provision · exact public law section
Sec. 306. termination of assistance requirements Section 1790(b) of title 38, United States Code, is amended by inserting “(1)” after “(b)”, and inserting at the end thereof the following new paragraph: “(2) Any action by the Administrator under paragraph (1) of this subsection to discontinue (including to suspend) assistance provided to any eligible veteran or eligible person under this chapter or chapter 31, 32, 34, or 35 of this title shall be based upon evidence that the veteran 38 USC 1501, 1651, 1700, 1770. Notice. or eligible person is not or was not entitled to such assistance. Whenever the Administrator so discontinues any such assistance, the Administrator shall concurrently provide written notice to such veteran or person of such discontinuance and that such veteran or person is entitled thereafter to a statement of the reasons therefor such action and an opportunity to be heard thereon.”.Veterans’ Rehabilitation and Education Amendments of 1980
Pub. L. 96–466 title VIII § 801(f) · 94 Stat. 2171
Substituted · 38 U.S.C. § 3690(b)(2)
Pub. L. 96–466 substituted “for” for “therefor”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 96–466 substituted “for” for “therefor”.Enacted provision · exact public law section
(f) Section 1790(b)(2) is amended by striking out “therefor” and inserting in lieu thereof “for”.Pub. L. 97–295 § 4(59)(A) · 96 Stat. 1287
Substituted · 38 U.S.C. § 3690(a)
Pub. L. 97–295, § 4(59)(A), substituted “after October 24, 1972” for “after the effective date of section 1780 of this title” in par. (2)
Struck · 38 U.S.C. § 3690(a)
Pub. L. 97–295, § 4(59)(A), struck out the comma after “or 35” in provisions following par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–295, § 4(59)(A), substituted “after October 24, 1972” for “after the effective date of section 1780 of this title” in par. (2), and struck out the comma after “or 35” in provisions following par. (2).Enacted provision · exact public law section
(A) in subsection (a), by striking out “after the effective date of section 1780 of this title” and “or 35, of” and substituting “after October 24, 1972” and “or 35 of”, respectively; andPub. L. 97–295 § 4(59)(B) · 96 Stat. 1287
Inserted · 38 U.S.C. § 3690(b)(1)
Pub. L. 97–295, § 4(59)(B), inserted “of this title” after “provision of this chapter or chapter 34 or 35”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 97–295, § 4(59)(B), inserted “of this title” after “provision of this chapter or chapter 34 or 35”.Enacted provision · exact public law section
(B) in subsection (b), by striking out “35,” and substituting “35 of this title,”.Veterans’ Compensation, Education, and Employment Amendments of 1982
Pub. L. 97–306 § 207(1) · 96 Stat. 1429
Substituted · 38 U.S.C. § 3690(b)(2)
Pub. L. 97–306, § 207(1), substituted “Except as provided in paragraph (3) of this subsection, any” for “Any”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 97–306, § 207(1), substituted “Except as provided in paragraph (3) of this subsection, any” for “Any”.Enacted provision · exact public law section
(1) by striking out “Any” in paragraph (2) and inserting in lieu thereof “Except as provided in paragraph (3) of this subsection, any”; andVeterans’ Compensation, Education, and Employment Amendments of 1982
Pub. L. 97–306 § 207(2) · 96 Stat. 1429
Added · 38 U.S.C. § 3690(b)(3)
Pub. L. 97–306, § 207(2), added par. (3)
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 97–306, § 207(2), added par. (3).Enacted provision · exact public law section
(2) by adding at the end the following new paragraph: “(3) (A) The Administrator may suspend educational assistance to eligible veterans and eligible persons already enrolled, and may disapprove the enrollment or reenrollment of any eligible veteran or eligible person, in any course as to which the Administrator has evidence showing a substantial pattern of eligible veterans or eligible persons, or both, who are receiving such assistance by virtue of their enrollment in such course but who are not entitled to such assistance because (i) the course approval requirements of this chapter are not being met, or (ii) the educational institution offering such course has violated one or more of the recordkeeping or reporting requirements of this chapter or chapter 32, 34, or 35 of this title. “(B) (i) Action may be taken under subparagraph (A) of this paragraph 38 USC 1601 et seq, 1651 et seq., 1700 et seq. only after— “(I) the Administrator provides to the State approving agency concerned and the educational institution concerned written notice of any such failure to meet such approval requirements and any such violation of such recordkeeping or reporting requirements; “(II) such institution refuses to take corrective action or does not within 60 days after such notice (or within such longer period as the Administrator determines is reasonable and appropriate) take corrective action; and “(III) the Administrator, not less than 30 days before taking action under such subparagraph, provides to each eligible veteran and eligible person already enrolled in such course written notice of the Administrator’s intent to take such action (and the reasons therefor) unless such corrective action is taken within such 60 days (or within such longer period as the Administrator has determined is reasonable and appropriate), and of the date on which the Administrator intends to take action under such subparagraph.”.Veterans Education and Employment Amendments of 1989
Pub. L. 101–237 § 423(a)(9)(A) · 103 Stat. 2062
Substituted · 38 U.S.C. § 3690(a)
Pub. L. 101–237, § 423(a)(9)(A), (b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing
Struck · 38 U.S.C. § 3690(a)
Pub. L. 101–237, § 423(a)(9)(A), (b)(1)(A), struck out “and prepayment” after “advance” in par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–237, § 423(a)(9)(A), (b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing and struck out “and prepayment” after “advance” in par. (2).Enacted provision · exact public law section
(A) in subsection (a)(2) by striking out “and prepayment”;Veterans Education and Employment Amendments of 1989
Pub. L. 101–237 § 423(a)(9)(B) · 103 Stat. 2062
Substituted · 38 U.S.C. § 3690(b)
Pub. L. 101–237, § 423(a)(9)(B), (C), (b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing
Substituted · 38 U.S.C. § 3690(b)
Pub. L. 101–237, § 423(a)(9)(B), (C), (b)(1)(A), inserted “30,” before “32” in par. (3)(A), and in par. (3)(B) substituted “(B)” for “(B)(i)”
Redesignated · 38 U.S.C. § 3690(b)
Pub. L. 101–237, § 423(a)(9)(B), (C), (b)(1)(A), redesignated subcls. (I), (II), and (III) as cls. (i), (ii), and (iii), respectively
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–237, § 423(a)(9)(B), (C), (b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing, inserted “30,” before “32” in par. (3)(A), and in par. (3)(B) substituted “(B)” for “(B)(i)” and redesignated subcls. (I), (II), and (III) as cls. (i), (ii), and (iii), respectively.Enacted provision · exact public law section
(B) in subsection (b)(3)(A) by inserting “30,” before “32”; andVeterans Education and Employment Amendments of 1989
Pub. L. 101–237 § 423(b)(2) · 103 Stat. 2062
Amended · 38 U.S.C. § 3690(b)
Pub. L. 101–237, § 423(b)(2), as amended by Pub. L. 102–86
Substituted · 38 U.S.C. § 3690(b)
Pub. L. 101–237, § 423(b)(2), as substituted “Secretary’s” for “Administrator’s” in par. (3)(B)(iii)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–237, § 423(b)(2), as amended by Pub. L. 102–86, substituted “Secretary’s” for “Administrator’s” in par. (3)(B)(iii).Enacted provision · exact public law section
(2) Sections 1723(e), 1743(a), 1779(b), 1780(d)(3), 1790(b)(3)(B)(i)(III), 1794, 1796(c), and 1799(d) are amended by striking out “Administrator’s” and inserting in lieu thereof “Secretary’s”.Veterans Education and Employment Amendments of 1989
Pub. L. 101–237 § 423(b)(1)(A) · 103 Stat. 2062
Substituted · 38 U.S.C. § 3690(c); 38 U.S.C. § 3690(d)
Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing.Enacted provision · exact public law section
(A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; andPub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 3690
Pub. L. 102–83 renumbered section 1790 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83 renumbered section 1790 of this title as this section.Enacted provision · exact public law section
(a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.Pub. L. 102–86 title V § 506(b)(1) · 105 Stat. 414
Changed · 38 U.S.C. § 3690(b)
Pub. L. 102–86 made technical amendment to directory language of Pub. L. 101–237, § 423(b)(2). See 1989 Amendment note below
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–86 made technical amendment to directory language of Pub. L. 101–237, § 423(b)(2). See 1989 Amendment note below.Enacted provision · exact public law section
(1) in paragraph (2), by striking out “1790(b)(3)(B)(i)(III),” and 38 USC 3690. inserting in lieu thereof “1790(b)(3)(B)(iii), as redesignated by subsection (a)(9)(C)(ii),”; andVeterans’ Housing Opportunity and Benefits Improvement Act of 2006
Pub. L. 109–233 title V § 503(8)(A) · 120 Stat. 397
Changed · 38 U.S.C. § 3690
Pub. L. 109–233 revised style of subsec. headings
Source evidence
Code amendment note
Pub. L. 109–233 revised style of subsec. headings.Enacted provision · exact public law section
(A) Sections 3461, 3462, 3481, 3565, 3680, and 3690 are each amended by revising each subsection heading for a subsection therein (appearing as a centered heading immediately before the text of the subsection) so that such heading appears immediately after the subsection designation and is set forth in capitals-and-small-capitals typeface, followed by a period and a one-em dash.Post-9/11 Veterans Educational Assistance Act of 2008
Pub. L. 110–252 title V § 5003(b)(2)(A)(iv) · 122 Stat. 2323
Inserted · 38 U.S.C. § 3690(b)(3)(A)
Pub. L. 110–252 inserted “33,” after “32,”
Source evidence
Code amendment note
Subsec. (b)(3)(A). Pub. L. 110–252 inserted “33,” after “32,”.Enacted provision · exact public law section
(iv) In section 3690( b)(3)(A).Effective date note
Amendment by Pub. L. 110–252 effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as a note under section 16163 of Title 10, Armed Forces.Responsible Education Mitigating Options and Technical Extensions Act
Pub. L. 117–76 § 3(c)(2) · 135 Stat. 1517
Amended · 38 U.S.C. § 3690(c)
Pub. L. 117–76 designated existing provisions as par. (1)
Substituted · 38 U.S.C. § 3690(c)
Pub. L. 117–76 substituted “Except as provided in paragraph (2), notwithstanding” for “Notwithstanding”
Added · 38 U.S.C. § 3690(c)
Pub. L. 117–76 added par. (2)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 117–76 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), notwithstanding” for “Notwithstanding”, and added par. (2).Enacted provision · exact public law section
(2) Examination of records.— Section 3690(c) of title 38, United States Code, is amended— (A) by striking “Notwithstanding” and inserting “(1) Except as provided in paragraph (2), notwithstanding”; and (B) by adding at the end the following new paragraph: “(2) Paragraph (1) does not apply to the records and accounts— “(A) of an educational institution located in a foreign country; and “(B) that pertain to an individual who is not receiving educational assistance under this chapter.” .
28 of 28 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
Provisions similar to those comprising subsec. (a) were contained in former section 1685, as added by Pub. L. 89–358, § 2, , 80 Stat. 19, § 1684; renumbered Pub. L. 90–77, title III, § 304(a), , 81 Stat. 186, and former section 1734, Pub. L. 85–857, , 72 Stat. 1199; Pub. L. 89–358, § 4(m), , 80 Stat. 25; provisions similar to those comprising subsec. (b) were contained in former section 1687, as added by Pub. L. 89–358, § 2, , 80 Stat. 19, § 1686; renumbered Pub. L. 90–77, title III, § 304(a), , 81 Stat. 186; and former section 1736, Pub. L. 85–857, , 72 Stat. 1199; Pub. L. 88–126, § 2, , 77 Stat. 162; Pub. L. 89–358, § 4(o), , 80 Stat. 25; provisions similar to those comprising subsec. (c) were contained in former section 1786, as added by Pub. L. 89–358, § 3(b), , 80 Stat. 23; and provisions similar to those comprising subsec. (d) were contained in former section 1787, as added by Pub. L. 89–358, § 3(b), , 80 Stat. 23; prior to the general revision by Pub. L. 92–540.
Amendments1976–2021 · 9 rounds
2021
Subsec. (c). Pub. L. 117–76 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), notwithstanding” for “Notwithstanding”, and added par. (2).
2008
Subsec. (b)(3)(A). Pub. L. 110–252 inserted “33,” after “32,”.
2006
Pub. L. 109–233 revised style of subsec. headings.
1991
Pub. L. 102–83 renumbered section 1790 of this title as this section.
Subsec. (b). Pub. L. 102–86 made technical amendment to directory language of Pub. L. 101–237, § 423(b)(2). See 1989 Amendment note below.
1989
Subsec. (a). Pub. L. 101–237, § 423(a)(9)(A), (b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing and struck out “and prepayment” after “advance” in par. (2).
Subsec. (b). Pub. L. 101–237, § 423(a)(9)(B), (C), (b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing, inserted “30,” before “32” in par. (3)(A), and in par. (3)(B) substituted “(B)” for “(B)(i)” and redesignated subcls. (I), (II), and (III) as cls. (i), (ii), and (iii), respectively.
Pub. L. 101–237, § 423(b)(2), as amended by Pub. L. 102–86, substituted “Secretary’s” for “Administrator’s” in par. (3)(B)(iii).
Subsecs. (c), (d). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing.
1982
Subsec. (a). Pub. L. 97–295, § 4(59)(A), substituted “after ” for “after the effective date of section 1780 of this title” in par. (2), and struck out the comma after “or 35” in provisions following par. (2).
Subsec. (b)(1). Pub. L. 97–295, § 4(59)(B), inserted “of this title” after “provision of this chapter or chapter 34 or 35”.
Subsec. (b)(2). Pub. L. 97–306, § 207(1), substituted “Except as provided in paragraph (3) of this subsection, any” for “Any”.
Subsec. (b)(3). Pub. L. 97–306, § 207(2), added par. (3).
1980
Subsec. (b)(2). Pub. L. 96–466 substituted “for” for “therefor”.
1977
Subsec. (b). Pub. L. 95–202 designated existing provisions as par. (1) and added par. (2).
1976
Subsec. (a). Pub. L. 94–502, § 513(a)(19), substituted “the Administrator may disapprove” for “he may disapprove”.
Subsec. (b). Pub. L. 94–502, § 513(a)(19), substituted “if the Administrator finds” for “if he finds” in two places.
Subsec. (c). Pub. L. 94–502, § 510, substituted “chapter 31, 32, 34, or 35” for “chapter 31, 34, or 35” and required the records of other students which the Administrator determines necessary to ascertain institutional compliance to be available for inspection.
Subsec. (d). Pub. L. 94–502, § 513(a)(19), substituted “the Administrator shall make” for “he shall make”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–252 effective , see section 5003(d) of Pub. L. 110–252, set out as a note under section 16163 of Title 10, Armed Forces.
Effective Date of 1991 Amendment
Pub. L. 102–86, title V, § 506(b), , 105 Stat. 426, provided that the amendment made by section 506(b)(1) is effective as of .
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–466 effective , see section 802(h) of Pub. L. 96–466, set out as a note under section 3452 of this title.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95–202 effective , see section 501 of Pub. L. 95–202, set out as a note under section 101 of this title.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–502 effective , see section 703(b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.
Credits
1972–2021 · 12 acts
- 1972Added Pub. L. 92–540, title III, § 316(2), , 86 Stat. 1088, § 1790
- 1976amended Pub. L. 94–502, title V, §§ 510, 513(a)(19), , 90 Stat. 2401, 2403
- 1977Pub. L. 95–202, title III, § 306, , 91 Stat. 1445
- 1980Pub. L. 96–466, title VIII, § 801(f), , 94 Stat. 2216
- 1982Pub. L. 97–295, § 4(59), , 96 Stat. 1309
- 1982Pub. L. 97–306, title II, § 207, , 96 Stat. 1435
- 1989Pub. L. 101–237, title IV, § 423(a)(9), (b)(1)(A), (2), , 103 Stat. 2092
- 1991renumbered § 3690, Pub. L. 102–83, § 5(a), , 105 Stat. 406
- 1991Pub. L. 102–86, title V, § 506(b)(1), , 105 Stat. 426
- 2006Pub. L. 109–233, title V, § 503(8)(A), , 120 Stat. 416
- 2008Pub. L. 110–252, title V, § 5003(b)(2)(A)(iv), , 122 Stat. 2375
- 2021Pub. L. 117–76, § 3(c)(2), , 135 Stat. 1519.
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(Added Pub. L. 92–540, title III, § 316(2), , 86 Stat. 1088, § 1790; amended Pub. L. 94–502, title V, §§ 510, 513(a)(19), , 90 Stat. 2401, 2403; Pub. L. 95–202, title III, § 306, , 91 Stat. 1445; Pub. L. 96–466, title VIII, § 801(f), , 94 Stat. 2216; Pub. L. 97–295, § 4(59), , 96 Stat. 1309; Pub. L. 97–306, title II, § 207, , 96 Stat. 1435; Pub. L. 101–237, title IV, § 423(a)(9), (b)(1)(A), (2), , 103 Stat. 2092; renumbered § 3690, Pub. L. 102–83, § 5(a), , 105 Stat. 406; Pub. L. 102–86, title V, § 506(b)(1), , 105 Stat. 426; Pub. L. 109–233, title V, § 503(8)(A), , 120 Stat. 416; Pub. L. 110–252, title V, § 5003(b)(2)(A)(iv), , 122 Stat. 2375; Pub. L. 117–76, § 3(c)(2), , 135 Stat. 1519.)