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38 U.S.C. § 3673 — Approval activities: cooperation and coordination of activities

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3673 — Approval activities: cooperation and coordination of activities

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Source location: Title 38, Chapter 36, § 3673; chapter-036-administration-of-educational-benefits.md

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**(a) Cooperation in Activities.—** The Secretary and each State approving agency shall take cognizance of the fact that definite duties, functions, and responsibilities are conferred upon the Secretary and each State approving agency under the educational programs established under this chapter and chapters 34 and 35 of this title. To assure that such programs are effectively and efficiently administered, the cooperation of the Secretary and the State approving agencies is essential. It is necessary to establish an exchange of information pertaining to activities of educational institutions, and particular attention should be given to the enforcement of approval standards, enforcement of enrollment restrictions, and fraudulent and other criminal activities on the part of persons connected with educational institutions in which eligible persons or veterans are enrolled under this chapter and chapters 34 and 35 of this title. **(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. **(c) Availability of Information Material.—** The Secretary will furnish the State approving agencies with copies of such Department of Veterans Affairs informational material as may aid them in carrying out chapters 34 and 35 of this title. **(d) Use of State Approving Agencies for Oversight Activities.—** The Secretary shall utilize the services of a State approving agency for conducting a risk-based survey developed under [section 3673A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3673a&num=0&edition=prelim) and other such oversight purposes as the Secretary, in consultation with the State approving agencies, considers appropriate without regard to whether the Secretary or the agency approved the courses offered in the State concerned. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1094&num=0&edition=prelim)). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3674/a/4&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3673a&num=0&edition=prelim). **(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 11 So in original. 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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3034 — Program administration

**(a)** (1) Except as otherwise provided in this chapter, the provisions of sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of this title and the provisions of subchapters I and II of chapter 36 of this title (with the exception of sections 3680(c), 3680(f), 3686(a), and 3687) shall be applicable to the provision of educational assistance under this chapter. (2) The term “eligible veteran”, as used in the provisions of the sections enumerated in paragraph (1) of this subsection, shall be deemed to include an individual who is eligible for educational assistance under this chapter. (3) The Secretary may, without regard to the application to this chapter of so much of the provisions of [section 3471 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3471&num=0&edition=prelim) as prohibit the enrollment of an eligible veteran in a program of education in which the veteran is “already qualified”, and pursuant to such regulations as the Secretary shall prescribe, approve the enrollment of such individual in refresher courses (including courses which will permit such individual to update knowledge and skills or be instructed in the technological advances which have occurred in the individual’s field of employment during and since the period of such veteran’s active military service), deficiency courses, or other preparatory or special education or training courses necessary to enable the individual to pursue an approved program of education. **(b)** Regulations prescribed by the Secretary of Defense under this chapter shall be uniform for the Armed Forces under the jurisdiction of the Secretary of a military department. **(c)** Payment of educational assistance allowance in the case of an eligible individual pursuing a pro

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1094 — Program participation agreements

**(a) Required for programs of assistance; contents** In order to be an eligible institution for the purposes of any program authorized under this subchapter, an institution must be an institution of higher education or an eligible institution (as that term is defined for the purpose of that program) and shall, except with respect to a program under subpart 4 of part A, enter into a program participation agreement with the Secretary. The agreement shall condition the initial and continuing eligibility of an institution to participate in a program upon compliance with the following requirements: (1) The institution will use funds received by it for any program under this subchapter and any interest or other earnings thereon solely for the purpose specified in and in accordance with the provision of that program. (2) The institution shall not charge any student a fee for processing or handling any application, form, or data required to determine the student’s eligibility for assistance under this subchapter or the amount of such assistance. (3) The institution will establish and maintain such administrative and fiscal procedures and records as may be necessary to ensure proper and efficient administration of funds received from the Secretary or from students under this subchapter, together with assurances that the institution will provide, upon request and in a timely fashion, information relating to the administrative capability and financial responsibility of the institution to— (A) the Secretary; (B) the appropriate guaranty agency; and (C) the appropriate accrediting agency or association. (4) The institution will comply with the provisions of subsection (c) of this section and the regulations prescribed under that subsection, relating to fiscal eligibili

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1562 — Special provisions relating to pension

**(a)** (1) (A) The Secretary shall pay monthly to each living person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll, and a copy of whose certificate has been delivered to the Secretary under subsection (d) of [section 1134a of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1134a&num=0&edition=prelim), a special pension at the rate described in subparagraph (B), as adjusted from time to time under subsection (e),11 See Special Benefit Allowance Rates note below. beginning as of the date on which the person’s name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll under subsection (b) of such section. (B) The rate described in this subparagraph is equal to the amount of monthly compensation paid to a veteran without dependents under subsection (m) of [section 1114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1114&num=0&edition=prelim), increased to the next intermediate rate under subsection (p) of such section. (2) (A) Except as provided in subparagraphs (B) and (C), the Secretary shall pay special pension under this section to the surviving spouse of a person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll and a copy of whose certificate has been delivered to the Secretary under [section 1134a(d) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1134a/d&num=0&edition=prelim). (B) No special pension shall be paid to a surviving spouse of a person under this section unless such surviving spouse was married to such person— (i) for one year or more prior to the veteran’s death; or (ii) for any period of time if

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1562

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1094 — Program participation agreements

Page 701 TITLE 20—EDUCATION § 1094 Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives’’. Subsec. (f)(3). Pub. L. 110–315, § 491, substituted ‘‘An- nual reports’’ for ‘‘Reports’’ in heading, in subpar. (B) redesignated cls. (i) and (ii) as subpars. (A) and (B), re- spectively, and adjusted their margins, and substituted ‘‘The Secretary shall provide reports to the authorizing committees on an annual basis’’ for former subpar. (A) which required Secretary to report to congressional committees on evaluations of demonstration programs and for introductory provisions of former subpar. (B) which related to additional annual reports. 1998—Pub. L. 105–244 amended section catchline and text generally. Prior to amendment, section authorized Secretary to make grants to nonprofit private organi- zations to provide training for student financial aid ad- ministrators and TRIO personnel. 1992—Pub. L. 102–325 struck out ‘‘and student sup- port’’ after ‘‘aid’’ in section catchline and amended text generally, substituting present provisions for former subsec. (a) relating to program authority, subsec. (b) relating to use of funds, and subsec. (c) relating to au- thorization of appropriations. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. § 1093a. Articulation agreements (a) Definition In this section, the term ‘‘articulation agree- ment’’ means an agreement between or among institutions of higher education that specifies the acceptability of courses in transfer toward meeting sp

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3673 — Approval activities: cooperation and co-

Page 811 TITLE 38—VETERANS’ BENEFITS § 3673 acting in the role of a State approving agency, shall contact the Secretary of Education to de- termine whether the course of education subject to such approval process has withdrawn, or been denied or suspended, from receiving for benefits under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). (d) APPROPRIATE EXECUTIVE.—In this section, the appropriate executive of an educational in- stitution or training establishment is a senior executive official, senior administrator, owner, or operator designated by the institution or es- tablishment. (Added Pub. L. 117–333, § 11(a), Jan. 5, 2023, 136 Stat. 6132.) Editorial Notes REFERENCES IN TEXT The Higher Education Act of 1965, referred to in sub- secs. (b)(1)(B)(i)(II), (2), (3)(B) and (c), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classi- fied generally to subchapter IV (§ 1070 et seq.) of chap- ter 28 of Title 20, Education. For complete classifica- tion of this Act to the Code, see section 1 of Pub. L. 89–329, set out as a Short Title note under section 1001 of Title 20 and Tables. CODIFICATION Pub. L. 117–333, § 11(a), Jan. 5, 2023, 136 Stat. 6132, which directed the amendment of subchapter I of this chapter by adding this section after section 3672 of this title, was executed by adding this section after section 3672 in this subchapter, to reflect the probable intent of Congress and the redesignation of former subchapter I of this chapter as subchapter II by section 2(a)(1) of Pub. L. 117–333. Statutory Notes and Related Subsidiaries APPLICABILITY Pub. L. 117–333, § 11(c), Jan. 5, 2023, 136 Stat. 6134, pro- vided that: ‘‘The application required by section 3672A of title 38, United States Code, as ad

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