§ 3693. Compliance surveys

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. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 title V § 511(1) · 90 Stat. 2383

   Enacted · 38 U.S.C. § 3693

   Added Pub. L. 94–502, title V, § 511(1), Oct. 15, 1976, 90 Stat. 2401, § 1793

   Source evidence

   Code source credit
   Added Pub. L. 94–502, title V, § 511(1), Oct. 15, 1976, 90 Stat. 2401, § 1793

   Enacted provision · exact public law section
   (1) by striking out section 1793 and inserting in lieu thereof the following: “§ 1793. Compliance surveys “The Administrator shall conduct an annual compliance survey of each institution offering one or more courses approved for the enrollment of eligible veterans or persons where at least 300 veterans or persons are enrolled under provisions of this title or where the course does not lead to a standard college degree. Such compliance survey shall assure that the institution and approved courses are in compliance with all applicable provisions of chapters 31, 34, 35, and 36 of this title. The Administrator shall assign at least one education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section.”; and

2. 1988

   Veterans

   Pub. L. 100–322 title III § 322 · 102 Stat. 487

   Amended · 38 U.S.C. § 3693

   Pub. L. 100–322 amended section generally. Prior to amendment, section read as follows: “The Administrator shall conduct an annual compliance survey of each institution offering one or more courses approved for the enrollment of eligible veterans or persons where at least 300 veterans or persons are enrolled under provisions of this title or where the course does not lead to a standard college degree. Such compliance survey shall assure that the institution and approved courses are in compliance with all applicable provisions of chapters 31, 34, 35, and 36 of this title. The Administrator shall assign at least one education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section.”

   Source evidence

   Code amendment note
   Pub. L. 100–322 amended section generally. Prior to amendment, section read as follows: “The Administrator shall conduct an annual compliance survey of each institution offering one or more courses approved for the enrollment of eligible veterans or persons where at least 300 veterans or persons are enrolled under provisions of this title or where the course does not lead to a standard college degree. Such compliance survey shall assure that the institution and approved courses are in compliance with all applicable provisions of chapters 31, 34, 35, and 36 of this title. The Administrator shall assign at least one education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section.”

   Enacted provision · exact public law section
   SEC. 322. AUTHORITY TO WAIVE COMPLIANCE SURVEYS. The text of section 1793 is amended to read as follows: “(a) Except as provided in subsection (b) of this section, the Administrator shall conduct an annual compliance survey of each institution offering one or more courses approved for the enrollment of eligible veterans or persons if at least 300 veterans or persons are enrolled in such course or courses under provisions of this title or if any such course does not lead to a standard college degree. Such compliance survey shall be designed to ensure that the institution and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title. The Administrator shall assign at least one education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year, “(b) The Administrator may waive the requirement in subsection (a) of this section for an annual compliance survey with respect to an institution if the Administrator determines, based on the institution’s demonstrated record of compliance with all the applicable provisions of chapters 30 through 36 of this title, that the waiver would be appropriate and in the best interest of the United States Government.”.

3. 1989

   Veterans Education and Employment Amendments of 1989

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

   Substituted · 38 U.S.C. § 3693

   Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

   Enacted provision · exact public law section
   (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and

4. 1991

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

   Changed · 38 U.S.C. § 3693

   Pub. L. 102–83 renumbered section 1793 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83 renumbered section 1793 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.

5. 2016

   Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

   Pub. L. 114–315 § 411(a)(1) · 130 Stat. 1536

   1. Added · 38 U.S.C. § 3693(a)

      Pub. L. 114–315, § 411(a)(1), added subsec. (a)

   2. Struck · 38 U.S.C. § 3693(a)

      Pub. L. 114–315, § 411(a)(1), struck out former subsec. (a) which read as follows: “Except as provided in subsection (b) of this section, the Secretary shall conduct an annual compliance survey of each institution offering one or more courses approved for the enrollment of eligible veterans or persons if at least 300 veterans or persons are enrolled in such course or courses under provisions of this title or if any such course does not lead to a standard college degree. Such compliance survey shall be designed to ensure that the institution and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title. The Secretary shall assign at least one education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–315, § 411(a)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “Except as provided in subsection (b) of this section, the Secretary shall conduct an annual compliance survey of each institution offering one or more courses approved for the enrollment of eligible veterans or persons if at least 300 veterans or persons are enrolled in such course or courses under provisions of this title or if any such course does not lead to a standard college degree. Such compliance survey shall be designed to ensure that the institution and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title. The Secretary shall assign at least one education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year.”

   Enacted provision · exact public law section
   (1) by striking subsection (a) and inserting the following new subsection (a): “(a) (1) Except as provided in subsection (b), the Secretary shall conduct an annual compliance survey of educational institutions and training establishments offering one or more courses approved for the enrollment of eligible veterans or persons if at least 20 such veterans or persons are enrolled in any such course. The Secretary shall— “(A) design the compliance surveys to ensure that such institutions or establishments, as the case may be, and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title; “(B) survey each such educational institution and training establishment not less than once during every 2-year period; and “(C) assign not fewer than 1 education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year. “(2) The Secretary, in consultation with the State approving agencies, shall— “(A) annually determine the parameters of the surveys required under paragraph (1); and “(B) not later than September 1 of each year, make available to the State approving agencies a list of the educational institutions and training establishments that will be surveyed during the fiscal year following the date of making such list available.” ; and

6. 2016

   Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

   Pub. L. 114–315 § 411(b) · 130 Stat. 1536

   1. Substituted · 38 U.S.C. § 3693(b)

      Pub. L. 114–315, § 411(b), substituted “subsection (a)(1) for a compliance survey” for “subsection (a) of this section for an annual compliance survey”

   2. Substituted · 38 U.S.C. § 3693(b)

      Pub. L. 114–315, § 411(b), substituted “educational institution or training establishment” for “institution”

   3. Substituted · 38 U.S.C. § 3693(b)

      Pub. L. 114–315, § 411(b), substituted “record of compliance of such institution or establishment” for “institution’s demonstrated record of compliance”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 114–315, § 411(b), substituted “subsection (a)(1) for a compliance survey” for “subsection (a) of this section for an annual compliance survey”, “educational institution or training establishment” for “institution”, and “record of compliance of such institution or establishment” for “institution’s demonstrated record of compliance”.

   Enacted provision · exact public law section
   (b) Conforming Amendments.— Subsection (b) of such section is amended— (1) by striking “subsection (a) of this section for an annual compliance survey” and inserting “subsection (a)(1) for a compliance survey”; (2) by striking “institution” and inserting “educational institution or training establishment”; and (3) by striking “institution’s demonstrated record of compliance” and inserting “record of compliance of such institution or establishment”.

7. 2016

   Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

   Pub. L. 114–315 § 411(a)(2) · 130 Stat. 1536

   Added · 38 U.S.C. § 3693(c)

   Pub. L. 114–315, § 411(a)(2), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 114–315, § 411(a)(2), added subsec. (c).

   Enacted provision · exact public law section
   (2) by adding at the end the following new subsection: “(c) In this section, the terms ‘educational institution’ and ‘training establishment’ have the meanings given such terms in section 3452 of this title.” .

8. 2023

   Veterans Auto and Education Improvement Act of 2022

   Pub. L. 117–333 § 12(b) · 136 Stat. 6121

   1. Added · 38 U.S.C. § 3693(c); 38 U.S.C. § 3693(d)

      Pub. L. 117–333 added subsec. (c)

   2. Redesignated · 38 U.S.C. § 3693(c); 38 U.S.C. § 3693(d)

      Pub. L. 117–333 redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 117–333 added subsec. (c) and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   (b) Compliance Surveys.— Section 3693 of title 38, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): “(c) To the maximum extent feasible, the Secretary, or a State approving agency, as applicable, shall provide not more than 10 business days of notice to an educational institution or training establishment before conducting a compliance survey of the institution or establishment under this section.” .

12 of 12 references resolved to an enrolled provision