---
kind: "section"
citation: "38 U.S.C. § 3673"
title: "38"
title_heading: "Veterans’ Benefits"
number: "3673"
heading: "Approval activities: cooperation and coordination of activities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/3673"
units:
  - "Part III — Readjustment and Related Benefits"
  - "Chapter 36 — Administration of Educational Benefits"
  - "Subchapter II — State Approving Agencies"
---

# §3673. Approval activities: cooperation and coordination of activities

- (a) **Cooperation in Activities.—** The [Secretary](/usc/38/4101.md?p=8) and each [State](/usc/38/4101.md?p=6) approving agency shall take cognizance of the fact that definite duties, functions, and responsibilities are conferred upon the [Secretary](/usc/38/4101.md?p=8) and each [State](/usc/38/4101.md?p=6) approving agency under the educational programs established under this chapter and chapters [34](/usc/38/chptIII/ch34.md) and [35](/usc/38/chptIII/ch35.md) of this title. To assure that such programs are effectively and efficiently administered, the cooperation of the [Secretary](/usc/38/4101.md?p=8) and the [State](/usc/38/4101.md?p=6) approving agencies is essential. It is necessary to establish an exchange of information pertaining to activities of [educational institutions](/usc/38/3002.md?p=8), 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](/usc/38/3002.md?p=8) in which [eligible persons](/usc/38/3501.md?p=a-1) or [veterans](/usc/38/3701.md?p=b-2) are enrolled under this chapter and chapters [34](/usc/38/chptIII/ch34.md) and [35](/usc/38/chptIII/ch35.md) of this title.
- (b) **Coordination of Activities.—** The [Secretary](/usc/38/4101.md?p=8) shall take appropriate actions to ensure the coordination of approval activities performed by [State](/usc/38/4101.md?p=6) approving agencies under this chapter and chapters [34](/usc/38/chptIII/ch34.md) and [35](/usc/38/chptIII/ch35.md) of this title and approval activities performed by the [Department](/usc/38/101.md?p=1) of Labor, the [Department](/usc/38/101.md?p=1) 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](/usc/38/4101.md?p=8) will furnish the [State](/usc/38/4101.md?p=6) approving agencies with copies of such Department of Veterans Affairs informational material as may aid them in carrying out chapters [34](/usc/38/chptIII/ch34.md) and [35](/usc/38/chptIII/ch35.md) of this title.
- (d) **Use of State Approving Agencies for Oversight Activities.—** The [Secretary](/usc/38/4101.md?p=8) shall utilize the services of a [State](/usc/38/4101.md?p=6) approving agency for conducting a risk-based survey developed under [section 3673A of this title](/usc/38/3673A.md) and other such oversight purposes as the [Secretary](/usc/38/4101.md?p=8), in consultation with the [State](/usc/38/4101.md?p=6) approving agencies, considers appropriate without regard to whether the [Secretary](/usc/38/4101.md?p=8) or the agency approved the courses offered in the [State](/usc/38/4101.md?p=6) concerned.
- (e) **Notice of Government Action.—**
  - (1)
    - (A) If the [Secretary](/usc/38/4101.md?p=8) receives [notice](/usc/38/4303.md?p=8) described in [paragraph (2)](#e-2), or otherwise becomes aware of an action or event described in [paragraph (3)](#e-3), with respect to an [educational institution](/usc/38/3002.md?p=8), the [Secretary](/usc/38/4101.md?p=8) shall transmit such [notice](/usc/38/4303.md?p=8) or provide [notice](/usc/38/4303.md?p=8) of such action or event to the [State](/usc/38/4101.md?p=6) approving agency for the [State](/usc/38/4101.md?p=6) where the [educational institution](/usc/38/3002.md?p=8) is located by not later than 30 days after the date on which the [Secretary](/usc/38/4101.md?p=8) receives such [notice](/usc/38/4303.md?p=8) or becomes aware of such action or event.
    - (B) If a [State](/usc/38/4101.md?p=6) approving agency receives [notice](/usc/38/4303.md?p=8) as described in [paragraph (2)](#e-2), or otherwise becomes aware of an action or event described in [paragraph (3)](#e-3), with respect to an [educational institution](/usc/38/3002.md?p=8), other than from the [Secretary](/usc/38/4101.md?p=8) pursuant to subparagraph (A) of this paragraph, the [State](/usc/38/4101.md?p=6) approving agency shall immediately notify the [Secretary](/usc/38/4101.md?p=8).
    - (C) Not later than 60 days after the date on which a [State](/usc/38/4101.md?p=6) approving agency receives [notice](/usc/38/4303.md?p=8) under [subparagraph (A)](#e-1-A), receives [notice](/usc/38/4303.md?p=8) as described in [subparagraph (B)](#e-1-B), or becomes aware as described in such subparagraph, as the case may be, regarding an [educational institution](/usc/38/3002.md?p=8), such [State](/usc/38/4101.md?p=6) approving agency shall—
      - (i) complete a risk-based survey of such [educational institution](/usc/38/3002.md?p=8); and
      - (ii) provide the [Secretary](/usc/38/4101.md?p=8) with—
        - (I) a complete report on the findings of the [State](/usc/38/4101.md?p=6) approving agency with respect to the risk-based survey completed under [clause (i)](#e-1-C-i) and any actions taken as a result of such findings; and
        - (II) any supporting documentation and pertinent records.
  - (2) [Notice](/usc/38/4303.md?p=8) described in this paragraph is any of the following:
    - (A) [Notice](/usc/38/4303.md?p=8) from the [Secretary](/usc/38/4101.md?p=8) of Education of an event under [paragraph (3)(A)](#e-3-A).
    - (B) [Notice](/usc/38/4303.md?p=8) of an event under [paragraph (3)(B)](#e-3-B).
    - (C) [Notice](/usc/38/4303.md?p=8) from a [State](/usc/38/4101.md?p=6) of an action taken by that [State](/usc/38/4101.md?p=6) under [paragraph (3)(C)](#e-3-C).
    - (D) [Notice](/usc/38/4303.md?p=8) provided by an accrediting agency or association of an action described in [paragraph (3)(D)](#e-3-D) taken by that agency or association.
    - (E) [Notice](/usc/38/4303.md?p=8) that the [Secretary](/usc/38/4101.md?p=8) of Education has placed the [educational institution](/usc/38/3002.md?p=8) on provisional certification status.
  - (3) An action or event under this paragraph is any of the following:
    - (A) The receipt by an [educational institution](/usc/38/3002.md?p=8) 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](/usc/20/1094.md)).
    - (B) Punitive action taken by the [Attorney General](/usc/38/4303.md?p=1), the Federal Trade Commission, or any other Federal [department or agency](/usc/38/4211.md?p=5) for misconduct or misleading marketing practices that would violate the standards defined by the [Secretary](/usc/38/4101.md?p=8) of [Veterans](/usc/38/3701.md?p=b-2) Affairs.
    - (C) Punitive action taken by a [State](/usc/38/4101.md?p=6) against an [educational institution](/usc/38/3002.md?p=8).
    - (D) The loss, or risk of loss, by an [educational institution](/usc/38/3002.md?p=8) of an accreditation from an accrediting agency or association, including [notice](/usc/38/4303.md?p=8) of probation, suspension, an order to show cause relating to the [educational institution](/usc/38/3002.md?p=8)’s academic policies and practices or to its financial stability, or revocation of accreditation.
    - (E) The placement of an [educational institution](/usc/38/3002.md?p=8) on provisional certification status by the [Secretary](/usc/38/4101.md?p=8) of Education.
  - (4) If a [State](/usc/38/4101.md?p=6) approving agency disapproves or suspends an [educational institution](/usc/38/3002.md?p=8), the [State](/usc/38/4101.md?p=6) approving agency shall provide [notice](/usc/38/4303.md?p=8) of such disapproval or suspension to the [Secretary](/usc/38/4101.md?p=8) and to all other [State](/usc/38/4101.md?p=6) approving agencies.
  - (5) This subsection shall be carried out using amounts made available pursuant to [section 3674(a)(4) of this title](/usc/38/3674.md?p=a-4) as long as such amounts remain available.
  - (6) For each [notice](/usc/38/4303.md?p=8) transmitted or provided to a [State](/usc/38/4101.md?p=6) approving agency under [paragraph (1)](#e-1) with respect to an [educational institution](/usc/38/3002.md?p=8), the [Secretary](/usc/38/4101.md?p=8) shall ensure the careful review of—
    - (A) to the extent possible, the action that gave rise to such [notice](/usc/38/4303.md?p=8); and
    - (B) any other action against the [educational institution](/usc/38/3002.md?p=8) by any Federal or [State](/usc/38/4101.md?p=6) government entity or by the [educational institution](/usc/38/3002.md?p=8)’s accreditor.
  - (7) In this subsection, the term “risk-based survey” means the risk-based survey developed under [section 3673A of this title](/usc/38/3673A.md).
- (f) **Outreach Activities.—**
  - (1) A [State](/usc/38/4101.md?p=6) approving agency may conduct outreach activities if—
    - (A) the [State](/usc/38/4101.md?p=6) 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)](#f-1-A), a [State](/usc/38/4101.md?p=6) 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](/usc/38/4101.md?p=6) approving agency has—
    - (A) met fulfilled[^1] its requirements pursuant to the applicable cooperative agreements between the [State](/usc/38/4101.md?p=6) approving agency and the [Department](/usc/38/101.md?p=1) 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](/usc/38/3002.md?p=3) determined to be of questionable quality or at risk by any Federal or [State](/usc/38/4101.md?p=6) agency or any accrediting agency.
  - (3) Outreach activities conducted under [paragraph (1)](#f-1) shall be carried out using amounts derived from amounts not specifically appropriated to carry out this subsection.

## Footnotes

[^1]: So in original.

## Source credit

(Added Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 158, § 1773; amended Pub. L. 89–358, § 3(a)(7), (11), Mar. 3, 1966, 80 Stat. 20, 21; Pub. L. 92–540, title IV, § 403(6), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 97–295, § 4(51), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 101–237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3673, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 110–389, title III, § 326(a)(1), (2)(A), (3), Oct. 10, 2008, 122 Stat. 4169; Pub. L. 111–377, title II, § 203(b), Jan. 4, 2011, 124 Stat. 4125; Pub. L. 115–48, title III, § 310, Aug. 16, 2017, 131 Stat. 994; Pub. L. 115–62, title V, § 501(a), Sept. 29, 2017, 131 Stat. 1165; Pub. L. 116–315, title I, §§ 1013(b)(1), 1014(a), 1023, Jan. 5, 2021, 134 Stat. 4943, 4959.)

## Notes

### Editorial Notes

### Amendments

2021—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”.

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

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

2017—Subsec. (d). Pub. L. 115–62 inserted “compliance and” before “risk-based surveys”.

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”.

2011—Subsec. (d). Pub. L. 111–377 added subsec. (d).

2008—Pub. L. 110–389, § 326(a)(2)(A), amended section catchline generally. Prior to amendment, catchline read as follows: “Cooperation”.

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

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).

1991—Pub. L. 102–83 renumbered section 1773 of this title as this section.

1989—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).

1982—Pub. L. 97–295 inserted “of this title” after “34 and 35” wherever appearing.

1972—Subsec. (a). Pub. L. 92–540 inserted “this chapter and” before “chapters 34 and 35” wherever appearing.

1966—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”.

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

### Statutory Notes and Related Subsidiaries

### Effective Date of 2021 Amendment

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.”

### Effective Date of 2011 Amendment

Amendment by Pub. L. 111–377 effective Aug. 1, 2011, see section 203(e) of Pub. L. 111–377, set out as a note under section 3034 of this title.