38 U.S.C. § 3691 — Change of program

Page 856 TITLE 38—VETERANS’ BENEFITS § 3691 (d) FALSE OR MISLEADING STATEMENTS.—When- ever the Secretary finds that an educational in- stitution has willfully submitted a false or mis- leading 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 Gen- eral of the United States for appropriate action. (Added Pub. L. 92–540, title III, § 316(2), Oct. 24, 1972, 86 Stat. 1088, § 1790; amended Pub. L. 94–502, title V, §§ 510, 513(a)(19), Oct. 15, 1976, 90 Stat. 2401, 2403; Pub. L. 95–202, title III, § 306, Nov. 23, 1977, 91 Stat. 1445; Pub. L. 96–466, title VIII, § 801(f), Oct. 17, 1980, 94 Stat. 2216; Pub. L. 97–295, § 4(59), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 97–306, title II, § 207, Oct. 14, 1982, 96 Stat. 1435; Pub. L. 101–237, title IV, § 423(a)(9), (b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3690, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–86, title V, § 506(b)(1), Aug. 14, 1991, 105 Stat. 426; Pub. L. 109–233, title V, § 503(8)(A), June 15, 2006, 120 Stat. 416; Pub. L. 110–252, title V, § 5003(b)(2)(A)(iv), June 30, 2008, 122 Stat. 2375; Pub. L. 117–76, § 3(c)(2), Dec. 21, 2021, 135 Stat. 1519.) 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, Mar. 3, 1966, 80 Stat. 19, § 1684; renumbered Pub. L. 90–77, title III, § 304(a), Aug. 31, 1967, 81 Stat. 186, and former section 1734, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1199; Pub. L. 89–358, § 4(m), Mar. 3, 1966, 80 Stat. 25; provisions similar to those comprising subsec. (b) were contained in former section 1687, as added by Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 19, § 1686; renumbered Pub. L. 90–77, title III, § 304(a), Aug. 31, 1967, 81 Stat. 186; and former section 1736, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1199; Pub. L. 88–126, § 2, Sept. 23, 1963, 77 Stat. 162; Pub. L. 89–358, § 4(o), Mar. 3, 1966, 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), Mar. 3, 1966, 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), Mar. 3, 1966, 80 Stat. 23; prior to the general revision by Pub. L. 92–540. AMENDMENTS 2021—Subsec. (c). Pub. L. 117–76 designated existing provisions as par. (1), substituted ‘‘Except as provided in paragraph (2), notwithstanding’’ for ‘‘Notwith- standing’’, 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 redesig- nated 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), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. 1982—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). 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 ‘‘Ex- cept 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), sub- stituted ‘‘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 compli- ance 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 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. EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–86, title V, § 506(b), Aug. 14, 1991, 105 Stat. 426, provided that the amendment made by section 506(b)(1) is effective as of Dec. 18, 1989. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–466 effective Oct. 1, 1980, 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 Nov. 23, 1977, 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 Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effec- tive Date note under section 3693 of this title. § 3691. Change of program (a) Except as provided in subsections (b) and (c) of this section, each eligible veteran and eli- gible 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 the vet- eran’s or person’s own misconduct, the veteran’s or person’s own neglect, or the veteran’s or per- son’s own lack of application shall not be enti- tled to any such change. (b) The Secretary, in accordance with proce- dures that the Secretary may establish, may ap- prove a change other than a change under sub- section (a) of this section (or an initial change in the case of a veteran or person not eligible to make a change under subsection (a)) in program if the Secretary finds that— Page 857 TITLE 38—VETERANS’ BENEFITS § 3691A (1) the program of education which the eligi- ble veteran or eligible person proposes to pur- sue is suitable to the veteran’s or person’s ap- titudes, interests, and abilities; and (2) in any instance where the eligible vet- eran or eligible person has interrupted, or failed to progress in, the veteran’s or person’s program due to the veteran’s or person’s own misconduct, the veteran’s or person’s own ne- glect, or the veteran’s or person’s own lack of application, there exists a reasonable likeli- hood with respect to the program which the el- igible veteran or eligible person proposes to pursue that there will not be a recurrence of such an interruption or failure to progress. (c) The Secretary may also approve additional changes in program if the Secretary finds such changes are necessitated by circumstances be- yond the control of the eligible veteran or eligi- ble person. (d)(1) For the purposes of this section, the term ‘‘change of program of education’’ shall not be deemed to include a change by a veteran or eligible person from the pursuit of one pro- gram to the pursuit of another program if— (A) the veteran or eligible person has suc- cessfully completed the former program; (B) the program leads to a vocational, edu- cational, or professional objective in the same general field as the former program; (C) the former program is a prerequisite to, or generally required for, pursuit of the subse- quent program; (D) in the case of a change from the pursuit of a subsequent program to the pursuit of a former program, the veteran or eligible person resumes pursuit of the former program with- out loss of credit or standing in the former program; or (E) the change from the program to another program is at the same educational institu- tion and such educational institution deter- mines that the new program is suitable to the aptitudes, interests, and abilities of the vet- eran or eligible person and certifies to the Sec- retary the enrollment of the veteran or eligi- ble person in the new program. (2) A veteran or eligible person undergoing a change from one program of education to an- other program of education as described in para- graph (1)(E) shall not be required to apply to the Secretary for approval of such change. (Added Pub. L. 92–540, title III, § 316(2), Oct. 24, 1972, 86 Stat. 1089, § 1791; amended Pub. L. 94–502, title V, § 513(a)(20), Oct. 15, 1976, 90 Stat. 2403; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101–366, title II, § 208(a), Aug. 15, 1990, 104 Stat. 443; renumbered § 3691, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title III, § 317, Oct. 29, 1992, 106 Stat. 4334; Pub. L. 110–389, title III, § 324, Oct. 10, 2008, 122 Stat. 4168.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in former section 1672, as added by Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 15; and former section 1722, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1196, prior to repeal by sections 401(6) and 402(2) of Pub. L. 92–540, re- spectively. AMENDMENTS 2008—Subsec. (d). Pub. L. 110–389 designated existing provisions as par. (1), redesignated former pars. (1) to (4) as subpars. (A) to (D) of par. (1), respectively, and added subpar. (E) of par. (1) and par. (2). 1992—Subsec. (d). Pub. L. 102–568 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘As used in this section the term ‘change of pro- gram of education’ shall not be 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 sec- ond.’’ 1991—Pub. L. 102–83 renumbered section 1791 of this title as this section. 1990—Subsec. (b). Pub. L. 101–366 substituted ‘‘The Secretary, in accordance with procedures that the Sec- retary may establish, may approve a change other than a change under subsection (a) of this section’’ for ‘‘The Secretary may approve one additional change’’. 1989—Subsecs. (b), (c). Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. 1976—Subsec. (a). Pub. L. 94–502 substituted ‘‘the vet- eran’s or person’s’’ for ‘‘his’’ in three places. Subsec. (b). Pub. L. 94–502 substituted ‘‘if the Admin- istrator finds’’ for ‘‘if he finds’’ and ‘‘the veteran’s or person’s’’ for ‘‘his’’ wherever appearing. Subsec. (c). Pub. L. 94–502 substituted ‘‘if the Admin- istrator finds’’ for ‘‘if he finds’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–366, title II, § 208(b), Aug. 15, 1990, 104 Stat. 443, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on June 1, 1991.’’ 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 Effec- tive Date note under section 3693 of this title. § 3691A. Withdrawal or leave of absence from certain education (a) IN GENERAL.—(1) A covered member may, after receiving orders to enter a period of cov- ered service, withdraw or take a leave of absence from covered education. (2)(A) The institution concerned may not take any adverse action against a covered member on the basis that such covered member withdraws or takes a leave of absence under paragraph (1). (B) Adverse actions under subparagraph (A) in- clude the following: (i) The assignment of a failing grade to a covered member for covered education. (ii) The reduction of the grade point average of a covered member for covered education. (iii) The characterization of any absence of a covered member from covered education as un- excused. (iv) The assessment of any financial penalty against a covered member. (b) WITHDRAWAL.—If a covered member with- draws from covered education under subsection (a), the institution concerned shall refund all tuition and fees (including payments for hous- ing) for the academic term from which the cov- ered member withdraws. (c) LEAVE OF ABSENCE.—If a covered member takes a leave of absence from covered education