Title 38 — Veterans’ Benefits
Part III · Chapter 36 — Administration of Educational Benefits
§ 3699. Effects of closure or disapproval of educational institution
Statutory text
Closure or Disapproval.—
Any payment of educational assistance described in subsection (b) shall not—
be charged against any entitlement to educational assistance of the individual concerned; or
be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual.
Educational Assistance Described.—
Subject to subsection (c), the payment of educational assistance described in this subsection is the payment of such assistance to an individual for pursuit of a course or program of education at an educational institution under chapter 30, 31, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, if the Secretary determines that the individual—
was unable to complete such course or program as a result of—
the closure of the educational institution;
the disapproval of the course or a course that is a necessary part of that program under this chapter by reason of—
a provision of law enacted after the date on which the individual enrolls at such institution affecting the approval or disapproval of courses under this chapter; or
after the date on which the individual enrolls at such institution, the Secretary prescribing or modifying regulations or policies of the Department affecting such approval or disapproval; or
the temporary closure of an educational institution or training establishment or the temporary closure or termination of a course or program of education by reason of an emergency situation; and
did not receive credit or lost training time, toward completion of the program of education being so pursued.
Period Not Charged.—
The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the aggregate of—
the portion of the period of enrollment in the course from which the individual did not receive credit or with respect to which the individual lost training time, as determined under subsection (b)(2); and
the period by which a monthly stipend is extended under section 3680(a)(2)(B) of this title.
An individual described in subparagraph (B) who transfers fewer than 12 credits from a program of education that is closed or disapproved as described in subsection (b)(1) shall be deemed to be an individual who did not receive such credits, as described in subsection (b)(2), except that the period for which such individual’s entitlement is not charged shall be the entire period of the individual’s enrollment in the program of education.
In carrying out clause (i), the Secretary shall—
require an individual to certify in writing that the individual has transferred fewer than 12 credits as described in such clause;
require an individual who makes a certification under subclause (I) to acknowledge in writing that if the individual transfers 12 or more credits as described in such clause (i)—
the individual may not be deemed under such clause to be an individual who did not receive such credits; and
the Secretary shall rescind the certificate of eligibility provided under subclause (IV);
accept a certification under subclause (I) as proof of the individual transferring fewer than 12 credits; and
provide to the individual who makes a certification under subclause (I) and makes the acknowledgment under subclause (II) a certificate of eligibility that the individual may provide to an educational institution as proof of the individual being covered by this paragraph.
The Secretary shall notify individuals described in subparagraph (B) of being eligible to be covered by this paragraph.
In carrying out this subparagraph, the Secretary, in consultation with the Secretary of Education, shall establish procedures to determine whether the individual transferred credits to a comparable course or program of education.
An individual described in this subparagraph is an individual who is enrolled in a course or program of education closed or discontinued as described in subsection (b)(1) during the period beginning on the date that is 120 days before the date of such closure or discontinuance and ending on the date of such closure or discontinuance, as the case may be.
This paragraph, including clauses (ii) and (iii) of subparagraph (A), shall apply with respect to the closure or discontinuation of a course or program of education, as described in subsection (b)(1), that occurs during the period beginning on , and ending on .
Continuing Pursuit of Disapproved Courses.—
The Secretary may treat a course of education that is disapproved under this chapter as being approved under this chapter with respect to an individual described in paragraph (2) if the Secretary determines, on a case-by-case basis, that—
such disapproval is the result of an action described in clause (i) or (ii) of subsection (b)(1)(B); and
continuing pursuing such course is in the best interest of the individual.
An individual described in this paragraph is an individual who is pursuing a course of education at an educational institution under chapter 30, 31, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, as of the date on which the course is disapproved under this chapter.
Notice of Closures.—
Not later than 5 business days after the date on which the Secretary receives notice that an educational institution will close or is closed, the Secretary shall provide to each individual who is enrolled in a course or program or education at such educational institution using entitlement to educational assistance under chapter 30, 31, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, notice of—
such closure and the date of such closure; and
the effect of such closure on the individual’s entitlement to educational assistance pursuant to this section.
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.
Harry W. Colmery Veterans Educational Assistance Act of 2017
Pub. L. 115–48 title I § 109(a)(1) · 131 Stat. 973
Enacted · 38 U.S.C. § 3699
Added Pub. L. 115–48, title I, § 109(a)(1), Aug. 16, 2017, 131 Stat. 978
Source evidence
Code source credit
Added Pub. L. 115–48, title I, § 109(a)(1), Aug. 16, 2017, 131 Stat. 978Enacted provision · exact public law section
(1) Restoration of entitlement.— Chapter 36 is amended by adding at the end the following new section: “§ 3699. Effects of closure or disapproval of educational institution “(a) Closure or Disapproval.— Any payment of educational assistance described in subsection (b) shall not— “(1) be charged against any entitlement to educational assistance of the individual concerned; or “(2) be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual. “(b) Educational Assistance Described.— Subject to subsection (c), the payment of educational assistance described in this paragraph is the payment of such assistance to an individual for pursuit of a course or program of education at an educational institution under chapter 30, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, if the Secretary determines that the individual— “(1) was unable to complete such course or program as a result of— “(A) the closure of the educational institution; or “(B) the disapproval of the course or a course that is a necessary part of that program under this chapter by reason of— “(i) a provision of law enacted after the date on which the individual enrolls at such institution affecting the approval or disapproval of courses under this chapter; or “(ii) after the date on which the individual enrolls at such institution, the Secretary prescribing or modifying regulations or policies of the Department affecting such approval or disapproval; and “(2) did not receive credit or lost training time, toward completion of the program of education being so pursued. “(c) Period Not Charged.— The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the aggregate of— “(1) the portion of the period of enrollment in the course from which the individual did not receive credit or with respect to which the individual lost training time, as determined under subsection (b)(2); and “(2) the period by which a monthly stipend is extended under section 3680(a)(2)(B) of this title. “(d) Continuing Pursuit of Disapproved Courses.— (1) The Secretary may treat a course of education that is disapproved under this chapter as being approved under this chapter with respect to an individual described in paragraph (2) if the Secretary determines, on a case-by-case basis, that— “(A) such disapproval is the result of an action described in clause (i) or (ii) of subsection (b)(1)(B); and “(B) continuing pursuing such course is in the best interest of the individual. “(2) An individual described in this paragraph is an individual who is pursuing a course of education at an educational institution under chapter 30, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, as of the date on which the course is disapproved under this chapter. “(e) Notice of Closures.— Not later than 5 business days after the date on which the Secretary receives notice that an educational institution will close or is closed, the Secretary shall provide to each individual who is enrolled in a course or program or education at such educational institution using entitlement to educational assistance under chapter 30, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, notice of— “(1) such closure and the date of such closure; and “(2) the effect of such closure on the individual’s entitlement to educational assistance pursuant to this section.” .Department of Veterans Affairs Expiring Authorities Act of 2019
Pub. L. 116–61 § 6(6) · 133 Stat. 1116
Substituted · 38 U.S.C. § 3699(b)
Pub. L. 116–61 substituted “this subsection” for “this paragraph”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–61 substituted “this subsection” for “this paragraph”.Enacted provision · exact public law section
(6) In section 3699(b), by striking “this paragraph” and inserting “this subsection”.Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 1007(a) · 134 Stat. 4932
Substituted · 38 U.S.C. § 3699
Pub. L. 116–315, § 1007(a), substituted “chapter 30, 31,” for “chapter 30,” wherever appearing
Source evidence
Code amendment note
Pub. L. 116–315, § 1007(a), substituted “chapter 30, 31,” for “chapter 30,” wherever appearing.Enacted provision · exact public law section
(a) Entitlement.— Section 3699 of title 38, United States Code, is amended by striking “chapter 30,” each time it appears and inserting “chapter 30, 31,”.Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 1021(a) · 134 Stat. 4932
Amended · 38 U.S.C. § 3699(c)
Pub. L. 116–315, § 1021(a), amended subsec. (c) generally. Prior to amendment, text read as follows: “The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the aggregate of—
Source evidence
Code amendment note
Subsec. (c). Pub. L. 116–315, § 1021(a), amended subsec. (c) generally. Prior to amendment, text read as follows: “The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the aggregate of—“(1) the portion of the period of enrollment in the course from which the individual did not receive credit or with respect to which the individual lost training time, as determined under subsection (b)(2); and “(2) the period by which a monthly stipend is extended under section 3680(a)(2)(B) of this title.”
Enacted provision · exact public law section
(a) In General.— Subsection (c) of section 3699 of title 38, United States Code, is amended to read as follows: “(c) Period Not Charged.— (1) The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the aggregate of— “(A) the portion of the period of enrollment in the course from which the individual did not receive credit or with respect to which the individual lost training time, as determined under subsection (b)(2); and “(B) the period by which a monthly stipend is extended under section 3680(a)(2)(B) of this title. “(2) (A) An individual described in subparagraph (B) who transfers fewer than 12 credits from a program of education that is closed or disapproved as described in subsection (b)(1) shall be deemed to be an individual who did not receive such credits, as described in subsection (b)(2), except that the period for which such individual’s entitlement is not charged shall be the entire period of the individual’s enrollment in the program of education. In carrying Consultation. Procedures. Determination. out this subparagraph, the Secretary, in consultation with the Secretary of Education, shall establish procedures to determine whether the individual transferred credits to a comparable course or program of education. “(B) An individual described in this subparagraph is an individual who is enrolled in a course or program of education closed or discontinued as described in subsection (b)(1) during the period beginning on the date that is 120 days before the date of such closure or discontinuance and ending on the date of such closure or discontinuance, as the case may be. “(C) This paragraph shall apply with respect to a course or program of education closed or discontinued before September 30, 2023.” .Veterans Eligible to Transfer School (VETS) Credit Act
Pub. L. 117–297 § 2 · 136 Stat. 4375
Amended · 38 U.S.C. § 3699(c)(2)(A)
Pub. L. 117–297 designated first sentence as cl. (i) and second sentence as cl. (iv) and realigned margins
Added · 38 U.S.C. § 3699(c)(2)(A)
Pub. L. 117–297 added cls. (ii) and (iii) after cl. (i)
Source evidence
Code amendment note
Subsec. (c)(2)(A). Pub. L. 117–297 designated first sentence as cl. (i) and second sentence as cl. (iv) and realigned margins and added cls. (ii) and (iii) after cl. (i).Enacted provision · exact public law section
SEC. 2. CHARGE TO ENTITLEMENT TO EDUCATIONAL ASSISTANCE FOR INDIVIDUALS WHO DO NOT TRANSFER CREDITS FROM CERTAIN CLOSED OR DISAPPROVED PROGRAMS OF EDUCATION. Section 3699(c)(2)(A) of title 38, United States Code, is amended— (1) by striking “An individual” and inserting “(i) An individual”; (2) by designating the second sentence as clause (iv) and indenting appropriately; and (3) by inserting after clause (i), as designated by paragraph (1), the following new clauses: “(ii) In carrying out clause (i), the Secretary shall— “(I) require an individual to certify in writing that the individual has transferred fewer than 12 credits as described in such clause; “(II) require an individual who makes a certification under subclause (I) to acknowledge in writing that if the individual transfers 12 or more credits as described in such clause (i)— “(aa) the individual may not be deemed under such clause to be an individual who did not receive such credits; and “(bb) the Secretary shall rescind the certificate of eligibility provided under subclause (IV); “(III) accept a certification under subclause (I) as proof of the individual transferring fewer than 12 credits; and “(IV) provide to the individual who makes a certification under subclause (I) and makes the acknowledgment under subclause (II) a certificate of eligibility that the individual may provide to an educational institution as proof of the individual being covered by this paragraph. “(iii) The Secretary shall notify individuals described in subparagraph (B) of being eligible to be covered by this paragraph.” .Veterans Auto and Education Improvement Act of 2022
Pub. L. 117–333 § 8(a) · 136 Stat. 6121
Added · 38 U.S.C. § 3699(b)(1)(C)
Pub. L. 117–333 added subpar. (C)
Source evidence
Code amendment note
Subsec. (b)(1)(C). Pub. L. 117–333 added subpar. (C).Enacted provision · exact public law section
(a) Permanent Applicability.— Section 3699(b)(1) of title 38, United States Code, is amended— (1) in subparagraph (A), by striking “or” at the end; (2) in subparagraph (B)(ii), by striking “and” at the end and inserting “or” ; and (3) by adding at the end the following new subparagraph: “(C) the temporary closure of an educational institution or training establishment or the temporary closure or termination of a course or program of education by reason of an emergency situation; and” .Pub. L. 118–19 § 2 · 137 Stat. 106
Substituted · 38 U.S.C. § 3699(c)(2)(C)
Pub. L. 118–19 substituted “September 30, 2025” for “September 30, 2023”
Source evidence
Code amendment note
Subsec. (c)(2)(C). Pub. L. 118–19 substituted “September 30, 2025” for “September 30, 2023”.Enacted provision · exact public law section
SEC. 2. TWO-YEAR EXTENSION OF PERIOD OF APPLICABILITY OF CERTAIN RELIEF FOR RECIPIENTS OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE WHO ARE AFFECTED BY CLOSURE OR DISAPPROVAL OF AN EDUCATIONAL INSTITUTION. Section 3699(c)(2)(C) of title 38, United States Code, is amended by striking “September 30, 2023” and inserting “September 30, 2025”.Pub. L. 118–210 title II § 211 · 138 Stat. 2767
Added · 38 U.S.C. § 3699(c)(2)(C)
Pub. L. 118–210 added subpar. (C)
Struck · 38 U.S.C. § 3699(c)(2)(C)
Pub. L. 118–210 struck out former subpar. (C) which read as follows: “This paragraph shall apply with respect to a course or program of education closed or discontinued before September 30, 2025.”
Unresolved: Pub. L. 118–210 was not found in the local Statutes at Large index.
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 118–210 added subpar. (C) and struck out former subpar. (C) which read as follows: “This paragraph shall apply with respect to a course or program of education closed or discontinued before September 30, 2025.”Pub. L. 119–37 div. G title II § 7202 · 139 Stat. 650
Substituted · 38 U.S.C. § 3699(c)(2)(C)
Pub. L. 119–37 substituted “September 30, 2026” for “September 30, 2025”
Unresolved: Pub. L. 119–37 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(2)(C). Pub. L. 119–37 substituted “September 30, 2026” for “September 30, 2025”.Effective date note
Amendment by Pub. L. 119–37 effective as if enacted on Sept. 30, 2025, see section 7406 of Pub. L. 119–37, set out as a note under section 111A of this title.Pub. L. 119–103 div. D title II § 4202 · 140 Stat. 1007
Substituted · 38 U.S.C. § 3699(c)(2)(C)
Pub. L. 119–103 substituted “December 11, 2026” for “September 30, 2026”
Unresolved: Pub. L. 119–103 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(2)(C). Pub. L. 119–103 substituted “December 11, 2026” for “September 30, 2026”.
8 of 12 references resolved to an enrolled provision · 4 unresolved
Editorial Notes
Prior Provisions
A prior section 3699, added Pub. L. 93–508, title III, § 301(a), , 88 Stat. 1591, § 1799; amended Pub. L. 94–502, title V, § 513(a)(24), , 90 Stat. 2404; Pub. L. 97–295, § 4(61), , 96 Stat. 1309; Pub. L. 101–237, title IV, § 423(b)(1), (2), , 103 Stat. 2092; renumbered § 3699 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406, related to revolving fund available for making of loans under former subchapter III of this chapter, prior to repeal by Pub. L. 108–183, title III, § 306(e), , 117 Stat. 2661, effective 90 days after .
Amendments2019–2026 · 6 rounds
2026
Subsec. (c)(2)(C). Pub. L. 119–103 substituted “” for “”.
2025
Subsec. (c)(2)(C). Pub. L. 119–37 substituted “” for “”.
Pub. L. 118–210 added subpar. (C) and struck out former subpar. (C) which read as follows: “This paragraph shall apply with respect to a course or program of education closed or discontinued before .”
2023
Subsec. (b)(1)(C). Pub. L. 117–333 added subpar. (C).
Subsec. (c)(2)(C). Pub. L. 118–19 substituted “” for “”.
2022
Subsec. (c)(2)(A). Pub. L. 117–297 designated first sentence as cl. (i) and second sentence as cl. (iv) and realigned margins and added cls. (ii) and (iii) after cl. (i).
2021
Pub. L. 116–315, § 1007(a), substituted “chapter 30, 31,” for “chapter 30,” wherever appearing.
Subsec. (c). Pub. L. 116–315, § 1021(a), amended subsec. (c) generally. Prior to amendment, text read as follows: “The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the aggregate of—
“(1) the portion of the period of enrollment in the course from which the individual did not receive credit or with respect to which the individual lost training time, as determined under subsection (b)(2); and
“(2) the period by which a monthly stipend is extended under section 3680(a)(2)(B) of this title.”
2019
Subsec. (b). Pub. L. 116–61 substituted “this subsection” for “this paragraph”.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Amendment by Pub. L. 119–37 effective as if enacted on , see section 7406 of Pub. L. 119–37, set out as a note under section 111A of this title.
Effective Date of 2021 Amendment
Amendment by section 1007(a) of Pub. L. 116–315 applicable as if included in the enactment of section 109 of Pub. L. 115–48, see section 1007(d) of Pub. L. 116–315, set out as a note under section 3680 of this title, and Effective Date note below.
Pub. L. 116–315, title I, § 1021(b), , 134 Stat. 4959, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on .”
Effective Date
Pub. L. 115–48, title I, § 109(c)(1), , 131 Stat. 980, as amended by Pub. L. 115–62, title V, § 501(d), , 131 Stat. 1166, provided that:
“(A) In general.—
The amendments made by subsection (a) [enacting this section] shall take effect on the date that is 90 days after the date of the enactment of this Act [], and shall apply with respect to courses and programs of education discontinued as described in section 3699 of title 38, United States Code, as added by subsection (a)(1), after .
“(B) Special application.—
“(i) In general.—
With respect to courses and programs of education discontinued as described in section 3699 of title 38, United States Code, as added by subsection (a)(1), during the period beginning , and ending on the date of the enactment of this Act [], an individual described in clause (ii) who does not transfer credits from such program of education shall be deemed to be an individual who did not receive such credits, as described in subsection (b)(2) of such section, except that the period for which such individual’s entitlement is not charged shall be the entire period of the individual’s enrollment in the program of education. In carrying out this subparagraph, the Secretary of Veterans Affairs, in consultation with the Secretary of Education, shall establish procedures to determine whether the individual transferred credits to a comparable course or program of education.
“(ii) Individual described.—
An individual described in this clause is an individual who is enrolled in a course or program of education discontinued as described in clause (i) during the period beginning on the date that is 120 days before the date of such discontinuance and ending on the date of such discontinuance.”
Prohibition of Charge to Entitlement of Students Unable To Pursue a Program of Education Due to an Emergency Situation
Pub. L. 116–315, title I, § 1107(c), , 134 Stat. 4966, provided that: “The subparagraph (C) temporarily added to section 3699(b)(1) of title 38, United States Code, by [former] section 5 of the Student Veteran Coronavirus Response Act of 2020 (Public Law 116–140; 38 U.S.C. 3699 note) [formerly set out below] is amended by inserting ‘or training establishment’ after ‘educational institution’.”
Pub. L. 116–140, § 5, , 134 Stat. 632, which temporarily added closure of educational institution or training establishment due to emergency situation as reason for payment of educational assistance not to be charged against entitlement of students, was repealed by Pub. L. 117–333, § 8(b), , 136 Stat. 6130. See subsec. (b)(1)(C) of this section.
Restoration of Entitlement to Rehabilitation Programs for Veterans Affected by School Closure or Disapproval
Pub. L. 116–140, § 7(a), , 134 Stat. 634, which provided that, during the period from , to , the Secretary of Veterans Affairs was to apply this section as if it were amended by striking “chapter 30,” each time it appeared and inserting “chapter 30, 31,”, was repealed by Pub. L. 116–315, title I, § 1007(c), , 134 Stat. 4940. See 2021 Amendment note above.
Credits
2017–2026 · 9 acts
- 2017Added Pub. L. 115–48, title I, § 109(a)(1), , 131 Stat. 978
- 2019amended Pub. L. 116–61, § 6(6), , 133 Stat. 1117
- 2021Pub. L. 116–315, title I, §§ 1007(a), 1021(a), , 134 Stat. 4940, 4958
- 2022Pub. L. 117–297, § 2, , 136 Stat. 4375
- 2023Pub. L. 117–333, § 8(a), , 136 Stat. 6130
- 2023Pub. L. 118–19, § 2, , 137 Stat. 106
- 2025Pub. L. 118–210, title II, § 211, , 138 Stat. 2767
- 2025Pub. L. 119–37, div. G, title II, § 7202, , 139 Stat. 650
- 2026Pub. L. 119–103, div. D, title II, § 4202, , 140 Stat. 1007.
Show as published
(Added Pub. L. 115–48, title I, § 109(a)(1), , 131 Stat. 978; amended Pub. L. 116–61, § 6(6), , 133 Stat. 1117; Pub. L. 116–315, title I, §§ 1007(a), 1021(a), , 134 Stat. 4940, 4958; Pub. L. 117–297, § 2, , 136 Stat. 4375; Pub. L. 117–333, § 8(a), , 136 Stat. 6130; Pub. L. 118–19, § 2, , 137 Stat. 106; Pub. L. 118–210, title II, § 211, , 138 Stat. 2767; Pub. L. 119–37, div. G, title II, § 7202, , 139 Stat. 650; Pub. L. 119–103, div. D, title II, § 4202, , 140 Stat. 1007.)