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38 U.S.C. § 3674 — Reimbursement of expenses

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

38 U.S.C. § 3674 — Reimbursement of expenses

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Source location: Title 38, Chapter 36, § 3674; chapter-036-administration-of-educational-benefits.md

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**(a)** (1) Subject to paragraphs (2) through (4) of this subsection, the Secretary is authorized to enter into contracts or agreements with State and local agencies to pay such State and local agencies for reasonable and necessary expenses of salary and travel incurred by employees of such agencies and an allowance for administrative expenses in accordance with the formula contained in subsection (b) of this section in (A) rendering necessary services in ascertaining the qualifications of educational institutions for furnishing courses of education to eligible persons or veterans under this chapter and chapters 30 through 35 of this title and chapter 106 of title 10, and in the supervision of such educational institutions, and (B) furnishing, at the request of the Secretary, any other services in connection with such chapters. Each such contract or agreement shall be conditioned upon compliance with the standards and provisions of such chapters. The Secretary may also reimburse such agencies for work performed by their subcontractors where such work has a direct relationship to the requirements of such chapters, and has had the prior approval of the Secretary. (2) (A) The Secretary shall make payments to State and local agencies, out of amounts in the Department of Veterans Affairs readjustment benefits account and amounts appropriated to the Secretary, for the reasonable and necessary expenses of salary and travel incurred by employees of such agencies in carrying out contracts or agreements entered into under this section, for expenses approved by the Secretary that are incurred in carrying out activities described in [section 3674A(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3674A/a/3&num=0&edition=prelim) (except for administrative overhead expenses allocated to such activities), and for the allowance for administrative expenses described in subsection (b). (B) The Secretary shall make such a payment to an agency within a reasonable time after the agency has submitted a report pursuant to paragraph (3) of this subsection. (C) Subject to paragraph (4) of this subsection, the amount of any such payment made to an agency for any period shall be equal to the amount of the reasonable and necessary expenses of salary and travel certified by such agency for such period in accordance with paragraph (3) of this subsection plus the allowance for administrative expenses described in subsection (b) and the amount of expenses approved by the Secretary that are incurred in carrying out activities described in [section 3674A(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3674A/a/3&num=0&edition=prelim) for such period (except for administrative overhead expenses allocated to such activities). (3) Each State and local agency with which a contract or agreement is entered into under this section shall submit to the Secretary on a monthly or quarterly basis, as determined by the agency, a report containing a certification of the reasonable and necessary expenses incurred for salary and travel by such agency under such contract or agreement for the period covered by the report. The report shall be submitted in the form and manner required by the Secretary. (4) In addition to amounts made available under paragraph (5), there is authorized to be appropriated to carry out this section $3,000,000 for fiscal year 2019 and each subsequent fiscal year. (5) (A) The total amount made available under this section for fiscal year 2018 shall be $21,000,000 and for fiscal year 2019 and thereafter shall be $23,000,000. (B) Beginning in fiscal year 2019, whenever there is an increase in benefit amounts payable under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.) as a result of a determination made under section 215(i) of such Act ([42 U.S.C. 415(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim)), the Secretary shall, effective on the date of such increase in benefit amounts, increase the amount in effect under subparagraph (A), as in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased. **(b)** The allowance for administrative expenses incurred pursuant to subsection (a) of this section shall be paid in accordance with the following formula: Total salary cost reimbursable under this sectionAllowable for administrative expense $5,000 or less$693. Over $5,000 but not exceeding $10,000$1,247. Over $10,000 but not exceeding $35,000$1,247 for the first $10,000, plus $1,155 for each additional $5,000 or fraction thereof. Over $35,000 but not exceeding $40,000$7,548. Over $40,000 but not exceeding $75,000$7,548 for the first $40,000, plus $999 for each additional $5,000 or fraction thereof. Over $75,000 but not exceeding $80,000$14,969. Over $80,000$14,969 for the first $80,000, plus $872 for each additional $5,000 or fraction thereof. **(c)** Each State and local agency with which the Secretary contracts or enters into an agreement under subsection (a) of this section shall report to the Secretary periodically, but not less often than annually, as determined by the Secretary, on the activities in the preceding twelve months (or the period which has elapsed since the last report under this subsection was submitted) carried out under such contract or agreement. Each such report shall describe, in such detail as the Secretary shall prescribe, services performed and determinations made in connection with ascertaining the qualifications of educational institutions in connection with this chapter and chapters 32, 34, and 35 of this title and in supervising such institutions.

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

38 U.S.C. § 3482 — Computation of educational assistance allowances

**(a)** (1) Except as provided in subsection (b), (c), or (g) of this section, or [section 3687 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3687&num=0&edition=prelim), while pursuing a program of education under this chapter of half-time or more, each eligible veteran shall be paid the monthly educational assistance allowance set forth in column II, III, IV, or V (whichever is applicable as determined by the veteran’s dependency status) opposite the applicable type of program as shown in column I: Column IColumnIIColumnIIIColumnIVColumn V Type ofprogramNodependentsOnedependentTwodependentsMore thantwodependents The amount in column IV, plus the following for each dependent in excess of two: Institutional training: Full-time$376$448$510 $32 Three-quarter time283336383 24 Half-time188224255 17 Cooperative304355404 23 (2) A “cooperative” program, other than a “farm cooperative” program, means a full-time program of education which consists of institutional courses and alternate phases of training in a business or industrial establishment with the training in the business or industrial establishment being strictly supplemental to the institutional portion. **(b)** The educational assistance allowance of an individual pursuing a program of education— (1) while on active duty, or (2) on less than a half-time basis, shall be computed at the rate of (A) the established charges for tuition and fees which the institution requires similarly circumstanced nonveterans enrolled in the same program to pay, or (B) $376 per month for a full-time course, whichever is the lesser. An individual’s entitlement shall be charged for institutional courses on the basis of the applicable monthly training time rate as determined under [section 36

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

38 U.S.C. § 3452 — Definitions

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

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

38 U.S.C. § 101 — Definitions

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

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

42 U.S.C. § 401 — Trust Funds

**(a) Federal Old-Age and Survivors Insurance Trust Fund** There is hereby created on the books of the Treasury of the United States a trust fund to be known as the “Federal Old-Age and Survivors Insurance Trust Fund”. The Federal Old-Age and Survivors Insurance Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of— (1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and (2) the taxes certified each month by the Commissioner of Internal Revenue as taxes received under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with respect to assessments of such taxes made before January 1, 1951; and (3) the taxes imposed by

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

38 U.S.C. § 3104 — Scope of services and assistance

**(a)** Services and assistance which the Secretary may provide under this chapter, pursuant to regulations which the Secretary shall prescribe, include the following: (1) Evaluation, including periodic reevaluations as appropriate with respect to a veteran participating in a rehabilitation program, of the potential for rehabilitation of a veteran, including diagnostic and related services (A) to determine whether the veteran has an employment handicap or a serious employment handicap and whether a vocational goal is reasonably feasible for such veteran, and (B) to provide a basis for planning a suitable vocational rehabilitation program or a program of services and assistance to improve the vocational rehabilitation potential or independent living status of such veteran, as appropriate. (2) Educational, vocational, psychological, employment, and personal adjustment counseling. (3) An allowance and other appropriate assistance, as authorized by [section 3108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3108&num=0&edition=prelim). (4) A work-study allowance as authorized by [section 3485 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3485&num=0&edition=prelim). (5) Placement services to effect suitable placement in employment, and postplacement services to attempt to insure satisfactory adjustment in employment. (6) Personal adjustment and work adjustment training. (7) (A) Vocational and other training services and assistance, including individualized tutorial assistance, tuition, fees, books, supplies, handling charges, licensing fees, and equipment and other training materials determined by the Secretary to be necessary to accomplish the purposes of the rehabilitation pr

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42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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

38 U.S.C. § 3693 — Compliance surveys

**(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

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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

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

38 U.S.C. § 3674A — Evaluations of agency performance; qualifications and performance of agency personnel

**(a)** The Secretary shall— (1) (A) conduct, in conjunction with State approving agencies, an annual evaluation of each State approving agency on the basis of standards developed by the Secretary in conjunction with the State approving agencies, and (B) provide each such agency an opportunity to comment on the evaluation; (2) take into account the results of annual evaluations carried out under paragraph (1) when negotiating the terms and conditions of a contract or agreement under [section 3674 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3674&num=0&edition=prelim); (3) cooperate with State approving agencies in developing and implementing a uniform national curriculum, to the extent practicable, for training new employees and for continuing the training of employees of such agencies, and sponsor, with the agencies, such training and continuation of training; and (4) prescribe prototype qualification and performance standards, developed in conjunction with State approving agencies, for use by such agencies in the development of qualification and performance standards for State approving agency personnel carrying out approval responsibilities under a contract or agreement entered into under section 3674(a). **(b)** (1) Each State approving agency carrying out a contract or agreement with the Secretary under [section 3674(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3674/a&num=0&edition=prelim) shall— (A) apply qualification and performance standards based on the standards developed under subsection (a)(4); and (B) make available to any person, upon request, the criteria used to carry out its functions under a contract or agreement entered into under [section 36

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3674A

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

38 U.S.C. § 3683 — Conflicting interests

**(a) Department Officers and Employees.—** (1) An officer or employee of the Department shall receive corrective action or disciplinary action if such officer or employee— (A) has, while serving as such an officer or employee, owned any interest in, or received any wage, salary, dividend, profit, or gift from, any educational institution operated for profit; or (B) has, while serving as a covered officer or employee of the Department, received any service from any educational institution operated for profit. (2) In this subsection, the term “covered officer or employee of the Department” means an officer or employee of the Department who— (A) works on the administration of benefits under chapter 30, 31, 32, 33, 34, 35, or 36 of this title; or (B) has a potential conflict of interest involving an educational institution operated for profit, as determined by the Secretary. **(b) State Approving Agency Employees.—** If the Secretary finds that any person who is an officer or employee of a State approving agency has, while such person was such an officer or employee, owned any interest in, or received any wage, salary, dividend, profit, or gift from, an educational institution operated for profit, the Secretary shall discontinue making payments under [section 3674 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3674&num=0&edition=prelim) to such State approving agency unless such agency shall, without delay, take such steps as may be necessary to provide corrective action or disciplinary action with respect to such person and such payments shall not be resumed until the completion of such corrective action or disciplinary action. **(c) Disapproval of Courses.—** A State approving agency shall not approve any course

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