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38 U.S.C. § 3684 — Reports by veterans, eligible persons, and institutions; reporting fee
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in paragraph (2) of this subsection, the veteran or eligible person and the educational institution offering a course in which such veteran or eligible person is enrolled under chapter 31, 32, 33, 34, 35, or 36 of this title shall, without delay, report to the Secretary, in the form prescribed by the Secretary, such enrollment and any interruption or termination of the education of each such veteran or eligible person. The date of such interruption or termination will be the last date of pursuit, or, in the case of correspondence training, the last date a lesson was serviced by a school.
(2)
(A) In the case of a program of independent study pursued on less than a half-time basis in an educational institution, the Secretary may approve a delay by the educational institution in reporting the enrollment or reenrollment of an eligible veteran or eligible person until the end of the term, quarter, or semester if the educational institution requests the delay and the Secretary determines that it is not feasible for the educational institution to monitor interruption or termination of the veteran’s or eligible person’s pursuit of such program.
(B) An educational institution which, pursuant to subparagraph (A) of this paragraph, is delaying the reporting of the enrollment or reenrollment of a veteran shall provide the veteran with notice of the delay at the time that the veteran enrolls or reenrolls.
(3)
(A) Subject to subparagraph (B) of this paragraph, an educational institution offering courses on a term, quarter, or semester basis may certify the enrollment of a veteran who is not on active duty, or of an eligible person, in such courses for more than one term, quarter, or semester at a time, but not for a period extending beyond t
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Stable record: federal_law:legal_authorities:record_usc_08e41068b9841aec664616a4
Source file: Laws/federal/codes/united-states-code/title-38/section-3684-reports-by-veterans-eligible-persons-and-institutions-reporting-fee--da921f222e.md
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Source location: Title 38, Chapter 36, § 3684; chapter-036-administration-of-educational-benefits.md
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**(a)**
(1) Except as provided in paragraph (2) of this subsection, the veteran or eligible person and the educational institution offering a course in which such veteran or eligible person is enrolled under chapter 31, 32, 33, 34, 35, or 36 of this title shall, without delay, report to the Secretary, in the form prescribed by the Secretary, such enrollment and any interruption or termination of the education of each such veteran or eligible person. The date of such interruption or termination will be the last date of pursuit, or, in the case of correspondence training, the last date a lesson was serviced by a school.
(2)
(A) In the case of a program of independent study pursued on less than a half-time basis in an educational institution, the Secretary may approve a delay by the educational institution in reporting the enrollment or reenrollment of an eligible veteran or eligible person until the end of the term, quarter, or semester if the educational institution requests the delay and the Secretary determines that it is not feasible for the educational institution to monitor interruption or termination of the veteran’s or eligible person’s pursuit of such program.
(B) An educational institution which, pursuant to subparagraph (A) of this paragraph, is delaying the reporting of the enrollment or reenrollment of a veteran shall provide the veteran with notice of the delay at the time that the veteran enrolls or reenrolls.
(3)
(A) Subject to subparagraph (B) of this paragraph, an educational institution offering courses on a term, quarter, or semester basis may certify the enrollment of a veteran who is not on active duty, or of an eligible person, in such courses for more than one term, quarter, or semester at a time, but not for a period extending beyond the end of a school year (including the summer enrollment period).
(B) Subparagraph (A) of this paragraph shall not apply with respect to any term, quarter, or semester for which the veteran or eligible person is enrolled on a less than half-time basis and shall not be construed as restricting the Secretary from requiring that an educational institution, in reporting an enrollment for more than one term, quarter, or semester, specify the dates of any intervals within or between any such terms, quarters, or semesters.
(4) A course offered by an educational institution that does not begin on the first day of an academic term, but does begin seven or fewer days after such day, shall be treated as beginning on such day for purposes of this section.
(5) For purposes of this subsection, the term “educational institution” may include a group, district, or consortium of separately accredited educational institutions located in the same State that are organized in a manner that facilitates the centralized reporting of the enrollments in such group, district, or consortium of institutions.
**(b)** The Secretary, prior to making payment of a reporting fee to an educational institution, as provided for in subsection (c) of this section, shall require such institution to certify that it has exercised reasonable diligence in determining whether such institution or any course offered by such institution approved for the enrollment of veterans or eligible persons meets all of the applicable requirements of chapters 31, 34, 35, and 36 of this title and that it will, without delay, report any failure to meet any such requirement to the Secretary.
**(c)**
(1) The Secretary may pay to any educational institution, or to the sponsor of a program of apprenticeship, furnishing education or training under either this chapter or chapter 31, 34, or 35 of this title, a reporting fee which will be in lieu of any other compensation or reimbursement for reports or certifications which such educational institution or sponsor of a program of apprenticeship is required to submit to the Secretary by law or regulation.
(2) Such reporting fee shall be computed for each calendar year by multiplying $16 11 See Modifications of Reporting Fee Multipliers During Certain Periods notes below. by the number of eligible veterans or eligible persons enrolled under this chapter or chapter 31, 34, or 35 of this title. The reporting fee shall be paid to such educational institution or sponsor of a program of apprenticeship as soon as feasible after the end of the calendar year for which it is applicable.
(3) No reporting fee payable to an educational institution under this subsection shall be subject to offset by the Secretary against any liability of such institution for any overpayment for which such institution may be administratively determined to be liable under [section 3685 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3685&num=0&edition=prelim) unless such liability is not contested by such institution or has been upheld by a final decree of a court of appropriate jurisdiction.
(4) Any reporting fee paid to an educational institution or sponsor of a program of apprenticeship after the date of the enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2011 (Public Law 111–377)—
(A) shall be utilized by such institution or sponsor solely for the making of certifications required under this chapter or chapter 31, 34, or 35 of this title or for otherwise supporting programs for veterans; and
(B) with respect to an institution that has 100 or more enrollees described in paragraph (2) may not be used for or merged with amounts available for the general fund of the educational institution or sponsor of a program of apprenticeship.
(5) The reporting fee payable under this subsection shall be paid from amounts appropriated for readjustment benefits.
**(d)** Not later than 90 days after the date of the enactment of this subsection, the Secretary shall ensure that the Department provides personnel of educational institutions who are charged with submitting reports or certifications to the Secretary under this section with assistance in preparing and submitting such reports or certifications.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Unless otherwise established by the law of the State concerned, the chief executive of each State is requested to create or designate a State department or agency as the “State approving agency” for such State for the purposes of this chapter and chapters 34 and 35 of this title.
**(b)**
(1) If any State fails or declines to create or designate a State approving agency, or fails to enter into an agreement under section 3674(a), the provisions of this chapter which refer to the State approving agency shall, with respect to such State, be deemed to refer to the Secretary.
(2) Except as otherwise provided in this chapter, in the case of courses subject to approval by the Secretary under [section 3672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3672&num=0&edition=prelim), the provisions of this chapter which refer to a State approving agency shall be deemed to refer to the Secretary.
**(c)** The Secretary may not recognize a State department or agency as the State approving agency for a State for purposes of this chapter if such department or agency is administered at, or colocated with, a university or university system that offers courses or programs of education that are subject to approval under this chapter by the State approving agency for that State.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3671
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter and chapter 36 of this title—
**(a)**
(1) The term “eligible veteran” means any veteran who—
(A) served on active duty for a period of more than 180 days, any part of which occurred after January 31, 1955, and before January 1, 1977, and was discharged or released therefrom under conditions other than dishonorable;
(B) contracted with the Armed Forces and was enlisted in or assigned to a reserve component prior to January 1, 1977, and as a result of such enlistment or assignment served on active duty for a period of more than 180 days, any part of which commenced within 12 months after January 1, 1977, and was discharged or released from such active duty under conditions other than dishonorable; or
(C) was discharged or released from active duty, any part of which was performed after January 31, 1955, and before January 1, 1977, or following entrance into active service from an enlistment provided for under subparagraph (B), because of a service-connected disability.
(2) The requirement of discharge or release, prescribed in subparagraph (A) or (B) of paragraph (1), shall be waived in the case of any individual who served more than 180 days in an active-duty status for so long as such individual continues on active duty without a break therein.
(3) For purposes of paragraph (1)(A) and section 3461(a), the term “active duty” does not include any period during which an individual (A) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (B) served as a cadet or midshipman at one of the service academies, or (C) served under the provisions of [section 12103(d) of title 10](https://uscode.house.gov/view.xhtml?re
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3452
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Subject to subsections (b) and (d) of this section and [section 3485(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3485/e&num=0&edition=prelim), the Secretary shall (unless the Secretary waives recovery under [section 5302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5302&num=0&edition=prelim)) deduct the amount of the indebtedness of any person who has been determined to be indebted to the United States by virtue of such person’s participation in a benefits program administered by the Secretary from future payments made to such person under any law administered by the Secretary.
(2) The Secretary may not make a deduction under paragraph (1) while the existence or amount of such indebtedness is disputed under [section 5314A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5314a&num=0&edition=prelim).
**(b)** Deductions may not be made under subsection (a) of this section with respect to the indebtedness of a person described in such subsection unless the Secretary—
(1) has made reasonable efforts to notify such person of such person’s right to dispute through prescribed administrative processes the existence or amount of such indebtedness and of such person’s right to request a waiver of such indebtedness under [section 5302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5302&num=0&edition=prelim);
(2) has made a determination with respect to any such dispute or request or has determined that the time required to make such a determination before making deductions would jeopardize the Secretary’s ability to recover the full amount of such indebtedness through deductions from su
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5314
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority To Provide Hospital Care and Medical Services.—** During and immediately following a disaster or emergency referred to in subsection (b), the Secretary may furnish hospital care and medical services to individuals responding to, involved in, or otherwise affected by that disaster or emergency.
**(b) Covered Disasters and Emergencies.—** A disaster or emergency referred to in this subsection is any disaster or emergency as follows:
(1) A major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.).
(2) A disaster or emergency in which the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act ([42 U.S.C. 300hh](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300hh&num=0&edition=prelim)) 11 See References in Text note below. is activated by the Secretary of Health and Human Services under that section or as otherwise authorized by law.
**(c) Applicability to Eligible Individuals Who Are Veterans.—** The Secretary may furnish care and services under this section to an individual described in subsection (a) who is a veteran without regard to whether that individual is enrolled in the system of patient enrollment under [section 1705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1705&num=0&edition=prelim).
**(d) Reimbursement From Other Federal Departments and Agencies.—**
(1) The cost of any care or services furnished under this section to an officer or employee of a department or agency of the United States other than the Department or to a
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1785
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
**(b)** The Secretary may waive the requirement in subsection (a)(1) for a compliance survey with respect to an educational institution or training establishment if the Secretary determines, based on the record of compliance of such institution or establishment 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.
**(c)** To the maximum extent feasible, the Secretary, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3693
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the Secretary finds that an overpayment has been made to a veteran or eligible person relating to educational assistance under a law administered by the Secretary, the amount of such overpayment shall constitute a liability of such veteran or eligible person to the United States.
**(b)** Any overpayment to a veteran or eligible person with respect to pursuit by the veteran or eligible person of a program of education at an educational institution shall constitute a liability of the educational institution to the United States if—
(1) the Secretary finds that the overpayment has been made as the result of—
(A) the willful or negligent failure of an educational institution to report, as required under this chapter or chapter 34 or 35 of this title, to the Department of Veterans Affairs excessive absences from a course, or discontinuance or interruption of a course by the veteran or eligible person; or
(B) the willful or negligent false certification by an educational institution; or
(2) the benefit payment sent to an educational institution on behalf of an eligible veteran or person is made pursuant to—
(A) [section 3313(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3313/h&num=0&edition=prelim);
(B) [section 3317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3317&num=0&edition=prelim); or
(C) [section 3680(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3680/d&num=0&edition=prelim); or
(D) [section 3320(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3320/d&num=0&edition=prelim).
**(c)** Any overpayment referred to in subsection (a) or (b) of this sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3685
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may furnish hospital care or medical services as a humanitarian service in emergency cases, but the Secretary shall charge for such care and services at rates prescribed by the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1784
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Federal law — U.S. Code and appendices · legal_authorities
**(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
### Statutory Notes
Section 1761, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 661; amended Pub. L. 98–160, title I, § 106(b), Nov. 21, 1983, 97 Stat. 998; renumbered § 1761, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, related to purpose of this subchapter, which established a preventive health-care services pilot program.
Prior section 1761 was renumbered [section 3561 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3561&num=0&edition=prelim).
Section 1762, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 662; renumbered § 1762 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–585, title V, § 513(a), Nov. 4, 1992, 106 Stat. 4958, defined the term “preventive health-care services” for purposes of this subchapter. [Section 1762 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1762&num=0&edition=prelim) was transferred to [section 1701(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1701/9&num=0&edition=prelim) by Pub. L. 102–585.
Prior section 1762 was renumbered [section 3562 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3562&num=0&edition=prelim).
Section 1763, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 663; amended Pub. L. 96–128, title V, § 501(d), Nov. 28, 1979, 93 Stat. 987; Pub. L. 98–160, title I, § 106(c), Nov. 21, 1983, 97 Stat. 998; Pub. L. 99–272, title XIX, § 19011(d)(6), Apr. 7, 1986, 100 Stat. 379; renumbered § 1763 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406, related to provision of prev
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1761 to 1764
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