Title 38 — Veterans’ Benefits
Part III · Chapter 36 — Administration of Educational Benefits
§ 3673A. Risk-based surveys
Statutory text
Development Required.—
The Secretary, in partnership with State approving agencies, shall develop a risk-based survey for oversight of educational institutions with courses and programs of education approved under this chapter.
Scope.—
The scope of the risk-based survey developed under subsection (a) shall be determined by the Secretary, in partnership with the State approving agency.
At a minimum the scope determined under paragraph (1) shall include the following:
Rapid increase in veteran enrollment.
Rapid increase in tuition and fees.
Complaints tracked and published with the mechanism required by section 3698(b)(2) from students pursuing programs of education with educational assistance furnished under laws administered by the Secretary, based on severity or volume of the complaints.
Compliance with section 3680A(d)(1) of this title.
Veteran completion rates.
Indicators of financial stability.
Review of the advertising and recruiting practices of the educational institution, including those by third-party contractors of the educational institution.
Matters for which the Federal Government or a State Government brings an action in a court of competent jurisdiction against an educational institution, including matters in cases in which the Federal Government or the State comes to a settled agreement on such matters outside of the court.
Database.—
The Secretary, in partnership with the State approving agencies under this chapter, shall establish a searchable database or use an existing system, as the Secretary considers appropriate, to serve as a central repository for information required for or collected during site visits for the risk-based survey developed under subsection (a), so as to improve future oversight of educational institutions with programs of education approved under this chapter.
Notice.—
To the maximum amount feasible, the Secretary, or a State approving agency, as applicable, shall provide not more than two business days of notice to an educational institution before conducting a targeted risk-based survey of the institution under 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.
Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 title I § 1013(a)(1) · 134 Stat. 4932
Enacted · 38 U.S.C. § 3673A
Added Pub. L. 116–315, title I, § 1013(a)(1), Jan. 5, 2021, 134 Stat. 4942
Source evidence
Code source credit
Added Pub. L. 116–315, title I, § 1013(a)(1), Jan. 5, 2021, 134 Stat. 4942Enacted provision · exact public law section
(1) In general.— Subchapter I of chapter 36, United States Code, is amended by inserting after section 3673 the following new section: “§ 3673A. Risk-based surveys “(a) Development Required.— The Secretary, in partnership with State approving agencies, shall develop a searchable risk-based survey for oversight of educational institutions with courses and programs of education approved under this chapter. “(b) Scope.— (1) The scope of the risk-based survey developed under subsection (a) shall be determined by the Secretary, in partnership with the State approving agency. “(2) At a minimum the scope determined under paragraph (1) shall include the following: “(A) Rapid increase in veteran enrollment. “(B) Rapid increase in tuition and fees. “(C) Complaints tracked and published with the mechanism required by section 3698(b)(2) from students pursuing programs of education with educational assistance furnished under laws administered by the Secretary, based on severity or volume of the complaints. “(D) Compliance with section 3680A(d)(1) of this title. “(E) Veteran completion rates. “(F) Indicators of financial stability. “(G) Review of the advertising and recruiting practices of the educational institution, including those by third-party contractors of the educational institution. “(H) Matters for which the Federal Government or a State Government brings an action in a court of competent jurisdiction against an educational institution, including matters in cases in which the Federal Government or the State comes to a settled agreement on such matters outside of the court. “(c) Database.— The Secretary, in partnership with the State approving agencies under this chapter, shall establish a database or use an existing system, as the Secretary considers appropriate, to serve as a central repository for information required for or collected during site visits for the risk-based survey developed under subsection (a), so as to improve future oversight of educational institutions with programs of education approved under this chapter.” .Training in High-demand Roles to Improve Veteran Employment Act
Pub. L. 117–16 § 7(b)(1) · 135 Stat. 280
Changed · 38 U.S.C. § 3673A
Pub. L. 117–16, § 7(b)(1), made technical correction to directory language of Pub. L. 116–315, § 1013(a)(1), which enacted this section
Source evidence
Code amendment note
Pub. L. 117–16, § 7(b)(1), made technical correction to directory language of Pub. L. 116–315, § 1013(a)(1), which enacted this section.Enacted provision · exact public law section
(1) In section 1013(a)(1), by inserting “of title 38” after “of chapter 36”.Training in High-demand Roles to Improve Veteran Employment Act
Pub. L. 117–16 § 7(a)(3)(A) · 135 Stat. 280
Struck · 38 U.S.C. § 3673A(a)
Pub. L. 117–16, § 7(a)(3)(A), struck out “searchable” before “risk-based survey”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 117–16, § 7(a)(3)(A), struck out “searchable” before “risk-based survey”.Enacted provision · exact public law section
(A) in subsection (a), by striking “searchable”; andTraining in High-demand Roles to Improve Veteran Employment Act
Pub. L. 117–16 § 7(a)(3)(B) · 135 Stat. 280
Inserted · 38 U.S.C. § 3673A(c)
Pub. L. 117–16, § 7(a)(3)(B), inserted “searchable” before “database”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 117–16, § 7(a)(3)(B), inserted “searchable” before “database”.Enacted provision · exact public law section
(B) in subsection (c), by inserting “searchable” before “database”.Veterans Auto and Education Improvement Act of 2022
Pub. L. 117–333 § 12(a) · 136 Stat. 6121
Added · 38 U.S.C. § 3673A(d)
Pub. L. 117–333 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 117–333 added subsec. (d).Enacted provision · exact public law section
(a) Risk-based Survey.— Section 3673A of title 38, United States Code, is amended by adding at the end the following new subsection: “(d) Notice.— To the maximum amount feasible, the Secretary, or a State approving agency, as applicable, shall provide not more than one business day of notice to an educational institution before conducting a targeted risk-based survey of the institution under this section.” .Pub. L. 118–210 title II § 204 · 138 Stat. 2763
Substituted · 38 U.S.C. § 3673A(d)
Pub. L. 118–210 substituted “two business days” for “one business day”
Unresolved: Pub. L. 118–210 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (d). Pub. L. 118–210 substituted “two business days” for “one business day”.
5 of 6 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
Amendments2021–2025 · 3 rounds
2025
Subsec. (d). Pub. L. 118–210 substituted “two business days” for “one business day”.
2023
Subsec. (d). Pub. L. 117–333 added subsec. (d).
2021
Pub. L. 117–16, § 7(b)(1), made technical correction to directory language of Pub. L. 116–315, § 1013(a)(1), which enacted this section.
Subsec. (a). Pub. L. 117–16, § 7(a)(3)(A), struck out “searchable” before “risk-based survey”.
Subsec. (c). Pub. L. 117–16, § 7(a)(3)(B), inserted “searchable” before “database”.
Statutory Notes and Related Subsidiaries
Deadline for Risk-Based Surveys Database
Pub. L. 118–210, title II, § 206(d), , 138 Stat. 2764, provided that: “The Secretary of Veterans Affairs shall establish the database required under section 3673A(c) of title 38, United States Code, by not later than 180 days after the date of the enactment of this Act [].”
Credits
2021–2025 · 4 acts
- 2021Added Pub. L. 116–315, title I, § 1013(a)(1), , 134 Stat. 4942
- 2021amended Pub. L. 117–16, § 7(a)(3), (b)(1), , 135 Stat. 285
- 2023Pub. L. 117–333, § 12(a), , 136 Stat. 6134
- 2025Pub. L. 118–210, title II, § 204, , 138 Stat. 2763.
Show as published
(Added Pub. L. 116–315, title I, § 1013(a)(1), , 134 Stat. 4942; amended Pub. L. 117–16, § 7(a)(3), (b)(1), , 135 Stat. 285; Pub. L. 117–333, § 12(a), , 136 Stat. 6134; Pub. L. 118–210, title II, § 204, , 138 Stat. 2763.)