Sec. 4. Approval of courses of education provided by public institutions of higher education for purposes of All-Volunteer Force Educational Assistance Program and Post-9/11 Educational Assistance conditional on in-State tuition rate for veterans
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Section 3679 is amended by adding at the end the following new subsection: 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 education 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 education 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. For purposes of this subsection, a covered individual is 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. If after enrollment in a course of education that is subject to disapproval under paragraph
(1)a covered individual pursues one or more courses of education at the same public institution of higher education while remaining continuously enrolled (other than during regularly scheduled breaks between courses, semesters or terms) at that institution of higher education, any course so pursued by the covered individual at that institution of higher education while so continuously enrolled shall also be subject to disapproval under paragraph (1). It shall not be grounds to disapprove a course of education under paragraph
(1)if a public institution of higher education 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. The Secretary may waive such requirements of paragraph
(1)as the Secretary considers appropriate. Disapproval under paragraph
(1)shall apply only with respect to educational assistance under chapters 30 and 33 of this title. . 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 programs of education during academic terms that begin after July 1, 2016, through courses of education that commence on or after that date.