§ 3673. Approval activities: cooperation and coordination of activities

Footnotes

1. 1 So in original.

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.

1. 1963

   Pub. L. 88–126 § 1 · 77 Stat. 158

   Enacted · 38 U.S.C. § 3673

   Added Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 158, § 1773

   Source evidence

   Code source credit
   Added Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 158, § 1773

2. 1966

   Veterans

   Pub. L. 89–358 § 3(a)(7) · 80 Stat. 12

   1. Substituted · 38 U.S.C. § 3673(a)

      Pub. L. 89–358, § 3(a)(7), (11), substituted “chapters 34 and 35” for “this chapter” twice

   2. Inserted · 38 U.S.C. § 3673(a)

      Pub. L. 89–358, § 3(a)(7), (11), inserted “or veterans” after “eligible persons”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 89–358, § 3(a)(7), (11), substituted “chapters 34 and 35” for “this chapter” twice and inserted “or veterans” after “eligible persons”.

   Enacted provision · exact public law section
   (7) striking out in the first sentence of section 1772(a) the phrase “under subchapter V of this chapter” and inserting in lieu thereof “under subchapter V of chapter 35 of this title”; and striking out the phrase “this chapter” the first two times it appears in the first sentence of such section 1772(a), and each time such phrase appears in the second, third and fourth sentences of such section 1772(a), and each time such phrase appears in section 1772(b) and in sections 1773 and 1774, and inserting in lieu thereof “chapters 34 and 35”;

3. 1966

   Veterans

   Pub. L. 89–358 § 3(a)(7) · 80 Stat. 12

   Substituted · 38 U.S.C. § 3673(b)

   Pub. L. 89–358, § 3(a)(7), substituted “chapters 34 and 35” for “this chapter”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–358, § 3(a)(7), substituted “chapters 34 and 35” for “this chapter”.

   Enacted provision · exact public law section
   (7) striking out in the first sentence of section 1772(a) the phrase “under subchapter V of this chapter” and inserting in lieu thereof “under subchapter V of chapter 35 of this title”; and striking out the phrase “this chapter” the first two times it appears in the first sentence of such section 1772(a), and each time such phrase appears in the second, third and fourth sentences of such section 1772(a), and each time such phrase appears in section 1772(b) and in sections 1773 and 1774, and inserting in lieu thereof “chapters 34 and 35”;

4. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 title IV § 403(6) · 86 Stat. 1074

   Inserted · 38 U.S.C. § 3673(a)

   Pub. L. 92–540 inserted “this chapter and” before “chapters 34 and 35” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 92–540 inserted “this chapter and” before “chapters 34 and 35” wherever appearing.

   Enacted provision · exact public law section
   (6) inserting “this chapter and” before “chapters 34 and 35” in subsection (a) of section 1773;

5. 1982

   Pub. L. 97–295 § 4(51) · 96 Stat. 1287

   Inserted · 38 U.S.C. § 3673

   Pub. L. 97–295 inserted “of this title” after “34 and 35” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 97–295 inserted “of this title” after “34 and 35” wherever appearing.

   Enacted provision · exact public law section
   (51) Sections 1773 and 1774(a) are amended by inserting “of this title” after “34 and 35” wherever it appears.

6. 1989

   Veterans Education and Employment Amendments of 1989

   Pub. L. 101–237 title IV § 423(b)(1) · 103 Stat. 2062

   1. Substituted · 38 U.S.C. § 3673

      Pub. L. 101–237 substituted “Secretary” for “Administrator” in subsec. (b)

   2. Substituted · 38 U.S.C. § 3673

      Pub. L. 101–237 substituted “Department of Veterans Affairs” for “Veterans’ Administration” in subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing in subsecs. (a) and (b) and “Department of Veterans Affairs” for “Veterans’ Administration” in subsec. (b).

   Enacted provision · exact public law section
   (1) Chapters 30, 31, 32, 34, 35, and 36 are amended— (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and (B) by striking out “Veterans’ Administration” each place it appears and inserting in lieu thereof “Department of Veterans Affairs”.

7. 1991

   Pub. L. 102–83 § 5(a) · 105 Stat. 378

   Changed · 38 U.S.C. § 3673

   Pub. L. 102–83 renumbered section 1773 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83 renumbered section 1773 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.

8. 2008

   Veterans’ Benefits Improvement Act of 2008

   Pub. L. 110–389 § 326(a)(2)(A) · 122 Stat. 4145

   Amended · 38 U.S.C. § 3673

   Pub. L. 110–389, § 326(a)(2)(A), amended section catchline generally. Prior to amendment, catchline read as follows: “Cooperation”

   Source evidence

   Code amendment note
   Pub. L. 110–389, § 326(a)(2)(A), amended section catchline generally. Prior to amendment, catchline read as follows: “Cooperation”.

   Enacted provision · exact public law section
   (A) The heading of such section is amended to read as follows: “§ 3673. Approval activities: cooperation and coordination of activities” .

9. 2008

   Veterans’ Benefits Improvement Act of 2008

   Pub. L. 110–389 § 326(a)(3)(A) · 122 Stat. 4145

   Inserted · 38 U.S.C. § 3673(a)

   Pub. L. 110–389, § 326(a)(3)(A), inserted heading

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–389, § 326(a)(3)(A), inserted heading.

   Enacted provision · exact public law section
   (A) in subsection (a), by inserting “Cooperation in Activities.—” after “(a)”; and

10. 2008

    Veterans’ Benefits Improvement Act of 2008

    Pub. L. 110–389 § 326(a)(1) · 122 Stat. 4145

    1. Added · 38 U.S.C. § 3673(b); 38 U.S.C. § 3673(c)

       Pub. L. 110–389, § 326(a)(1), (3)(B), added subsec. (b)

    2. Redesignated · 38 U.S.C. § 3673(b); 38 U.S.C. § 3673(c)

       Pub. L. 110–389, § 326(a)(1), (3)(B), redesignated former subsec. (b) as (c)

    3. Inserted · 38 U.S.C. § 3673(b); 38 U.S.C. § 3673(c)

       Pub. L. 110–389, § 326(a)(1), (3)(B), inserted heading in subsec. (c)

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 110–389, § 326(a)(1), (3)(B), added subsec. (b), redesignated former subsec. (b) as (c), and inserted heading in subsec. (c).

    Enacted provision · exact public law section
    (1) In general.— Section 3673 is amended— (A) by redesignating subsection (b) as subsection (c); and (B) by inserting after subsection (a) the following new subsection (b): “(b) Coordination of Activities.— The Secretary shall take appropriate actions to ensure the coordination of approval activities performed by State approving agencies under this chapter and chapters 34 and 35 of this title and approval activities performed by the Department of Labor, the Department of Education, and other entities in order to reduce overlap and improve efficiency in the performance of such activities.” .

11. 2011

    Post-9/11 Veterans Educational Assistance Improvements Act of 2010

    Pub. L. 111–377 title II § 203(b) · 124 Stat. 4106

    Added · 38 U.S.C. § 3673(d)

    Pub. L. 111–377 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 111–377 added subsec. (d).

    Enacted provision · exact public law section
    (b) Use of State Approving Agencies for Compliance and Oversight Activities.— Section 3673 is amended by adding at the end the following new subsection: “(d) Use of State Approving Agencies for Compliance and Oversight Activities.— The Secretary may utilize the services of a State approving agency for such compliance and oversight purposes as the Secretary considers appropriate without regard to whether the Secretary or the agency approved the courses offered in the State concerned.” .

12. 2017

    Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 title III § 310 · 131 Stat. 973

    1. Struck · 38 U.S.C. § 3673(d)

       Pub. L. 115–48, in heading, struck out “Compliance and” before “Oversight” and, in text

    2. Substituted · 38 U.S.C. § 3673(d)

       Pub. L. 115–48, in heading, substituted “conducting risk-based surveys and other such oversight” for “such compliance and oversight”

    3. Inserted · 38 U.S.C. § 3673(d)

       Pub. L. 115–48, in heading, inserted “, in consultation with the State approving agencies,” after “as the Secretary”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–48, in heading, struck out “Compliance and” before “Oversight” and, in text, substituted “conducting risk-based surveys and other such oversight” for “such compliance and oversight”, and inserted “, in consultation with the State approving agencies,” after “as the Secretary”.

    Enacted provision · exact public law section
    SEC. 310. INCLUSION OF RISK-BASED SURVEYS IN STATE APPROVING AGENCY OVERSIGHT ACTIVITIES.   Section 3673(d) is amended— (1) in the subsection heading, by striking “Compliance and” ; (2) by striking “such compliance and oversight” and inserting “conducting risk-based surveys and other such oversight”; and (3) by inserting “, in consultation with the State approving agencies,” after “as the Secretary”.

13. 2017

    Department of Veterans Affairs Expiring Authorities Act of 2017

    Pub. L. 115–62 title V § 501(a) · 131 Stat. 1159

    Inserted · 38 U.S.C. § 3673(d)

    Pub. L. 115–62 inserted “compliance and” before “risk-based surveys”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–62 inserted “compliance and” before “risk-based surveys”.

    Enacted provision · exact public law section
    (a) Use of State Approving Agencies for Oversight Activities.— Section 3673(d) is amended by inserting “compliance and” before “risk-based surveys”.

14. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 1013(b)(1) · 134 Stat. 4932

    1. Substituted · 38 U.S.C. § 3673(d)

       Pub. L. 116–315, § 1013(b)(1), substituted “shall” for “may”

    2. Substituted · 38 U.S.C. § 3673(d)

       Pub. L. 116–315, § 1013(b)(1), substituted “a risk-based survey developed under section 3673A of this title” for “compliance and risk-based surveys”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 116–315, § 1013(b)(1), substituted “shall” for “may” and “a risk-based survey developed under section 3673A of this title” for “compliance and risk-based surveys”.

    Enacted provision · exact public law section
    (1) In general.— Section 3673(d) of title 38, United States Code, is amended— (A) by striking “may” and inserting “shall”; and (B) by striking “compliance and risk-based surveys” and inserting “a risk-based survey developed under section 3673A of this title”.

    Effective date note
    Pub. L. 116–315, title I, § 1013(b)(2), Jan. 5, 2021, 134 Stat. 4943, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect on October 1, 2022.” Pub. L. 116–315, title I, § 1014(b), Jan. 5, 2021, 134 Stat. 4945, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on August 1, 2021.”

15. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 1014(a) · 134 Stat. 4932

    Added · 38 U.S.C. § 3673(e)

    Pub. L. 116–315, § 1014(a), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 116–315, § 1014(a), added subsec. (e).

    Enacted provision · exact public law section
    (a) In General.— Section 3673 of title 38, United States Code, is amended by adding at the end the following new subsection: “(e) Notice of Government Action.— (1) (A) If the Secretary receives notice described in paragraph (2), or otherwise becomes aware of an action or event described in paragraph (3), with respect to an educational institution, the Secretary shall transmit such notice or provide notice of such action or event to the State approving agency for the State where the educational institution is located by not later than 30 days after the date on which the Secretary receives such notice or becomes aware of such action or event. “(B) If a State approving agency receives notice as described in paragraph (2), or otherwise becomes aware of an action or event described in paragraph (3), with respect to an educational institution, other than from the Secretary pursuant to subparagraph (A) of this paragraph, the State approving agency shall immediately notify the Secretary. “(C) Not later than 60 days after the date on which a State approving agency receives notice under subparagraph (A), receives notice as described in subparagraph (B), or becomes aware as described in such subparagraph, as the case may be, regarding an educational institution, such State approving agency shall— “(i) complete a risk-based survey of such educational institution; and “(ii) provide the Secretary with— “(I) a complete report on the findings of the State approving agency with respect to the risk-based survey completed under clause (i) and any actions taken as a result of such findings; and “(II) any supporting documentation and pertinent records. “(2) Notice described in this paragraph is any of the following: “(A) Notice from the Secretary of Education of an event under paragraph (3)(A). “(B) Notice of an event under paragraph (3)(B). “(C) Notice from a State of an action taken by that State under paragraph (3)(C). “(D) Notice provided by an accrediting agency or association of an action described in paragraph (3)(D) taken by that agency or association. “(E) Notice that the Secretary of Education has placed the educational institution on provisional certification status. “(3) An action or event under this paragraph is any of the following: “(A) The receipt by an educational institution of payments under the heightened cash monitoring level 2 payment method pursuant to section 487(c)(1)(B) of the Higher Education Act of 1965 (20 U.S.C. 1094). “(B) Punitive action taken by the Attorney General, the Federal Trade Commission, or any other Federal department or agency for misconduct or misleading marketing practices that would violate the standards defined by the Secretary of Veterans Affairs. “(C) Punitive action taken by a State against an educational institution. “(D) The loss, or risk of loss, by an educational institution of an accreditation from an accrediting agency or association, including notice of probation, suspension, an order to show cause relating to the educational institution’s academic policies and practices or to its financial stability, or revocation of accreditation. “(E) The placement of an educational institution on provisional certification status by the Secretary of Education. “(4) If a State approving agency disapproves or suspends an educational institution, the State approving agency shall provide notice of such disapproval or suspension to the Secretary and to all other State approving agencies. “(5) This subsection shall be carried out using amounts made available pursuant to section 3674(a)(4) of this title as long as such amounts remain available. “(6) For each notice transmitted or provided to a State approving agency under paragraph (1) with respect to an educational institution, the Secretary shall ensure the careful review of— “(A) to the extent possible, the action that gave rise to such notice; and “(B) any other action against the educational institution by any Federal or State government entity or by the educational institution’s accreditor. “(7) In this subsection, the term ‘risk-based survey’ means the risk-based survey developed under section 3673A of this title.” .

    Effective date note
    Pub. L. 116–315, title I, § 1013(b)(2), Jan. 5, 2021, 134 Stat. 4943, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect on October 1, 2022.” Pub. L. 116–315, title I, § 1014(b), Jan. 5, 2021, 134 Stat. 4945, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on August 1, 2021.”

16. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 1023 · 134 Stat. 4932

    Added · 38 U.S.C. § 3673(f)

    Pub. L. 116–315, § 1023, added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 116–315, § 1023, added subsec. (f).

    Enacted provision · exact public law section
    SEC. 1023. AUTHORITY OF STATE APPROVING AGENCIES TO CONDUCT OUTREACH ACTIVITIES.   Section 3673 of title 38, United States Code, as amended by section 1014 of this title, is further amended by adding at the end the following new subsection: “(f) Outreach Activities.— (1) A State approving agency may conduct outreach activities if— “(A) the State approving agency has properly conducted its enforcement and approval of courses and programs of education under this chapter; and “(B) funds are still available to do so. “(2) For purposes of paragraph (1)(A), a State approving agency shall be considered to have properly conducted its enforcement and approval of courses and programs of education under this chapter if the State approving agency has— “(A) met fulfilled its requirements pursuant to the applicable cooperative agreements between the State approving agency and the Department relating to the oversight and approval of courses and programs of education under this chapter; and “(B) completed a risk-based survey of any course or program of education determined to be of questionable quality or at risk by any Federal or State agency or any accrediting agency. “(3) Outreach activities conducted under paragraph (1) shall be carried out using amounts derived from amounts not specifically appropriated to carry out this subsection.” .

    Effective date note
    Pub. L. 116–315, title I, § 1013(b)(2), Jan. 5, 2021, 134 Stat. 4943, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect on October 1, 2022.” Pub. L. 116–315, title I, § 1014(b), Jan. 5, 2021, 134 Stat. 4945, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on August 1, 2021.”

22 of 23 references resolved to an enrolled provision · 1 partial