§ 3674. Reimbursement of expenses

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. 1963

   Pub. L. 88–126 § 1 · 77 Stat. 158

   Enacted · 38 U.S.C. § 3674

   Added Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 159, § 1774

   Source evidence

   Code source credit
   Added Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 159, § 1774

2. 1966

   Veterans

   Pub. L. 89–358 § 3(a)(7) · 80 Stat. 12

   1. Substituted · 38 U.S.C. § 3674

      Pub. L. 89–358, § 3(a)(7), (11), substituted “chapters 34 and 35” for “this chapter” in three places

   2. Inserted · 38 U.S.C. § 3674

      Pub. L. 89–358, § 3(a)(7), (11), inserted “or veterans” after “eligible persons” in cl. (1)

   Source evidence

   Code amendment note
   Pub. L. 89–358, § 3(a)(7), (11), substituted “chapters 34 and 35” for “this chapter” in three places and inserted “or veterans” after “eligible persons” in cl. (1).

   Enacted provision · exact public law section
   (7) striking out in the first sentence of section 1772(a) the phrase “under subchapter V of this chapter” and inserting in lieu thereof “under subchapter V of chapter 35 of this title”; and striking out the phrase “this chapter” the first two times it appears in the first sentence of such section 1772(a), and each time such phrase appears in the second, third and fourth sentences of such section 1772(a), and each time such phrase appears in section 1772(b) and in sections 1773 and 1774, and inserting in lieu thereof “chapters 34 and 35”;

3. 1968

   Pub. L. 90–631 § 4 · 82 Stat. 1331

   1. Amended · 38 U.S.C. § 3674

      Pub. L. 90–631 designated existing provisions as subsec. (a)

   2. Inserted · 38 U.S.C. § 3674

      Pub. L. 90–631 inserted “and an allowance for administrative expenses in accordance with the formula contained in subsection (b) of this section” after “employees of such agencies”

   3. Added · 38 U.S.C. § 3674

      Pub. L. 90–631 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 90–631 designated existing provisions as subsec. (a), inserted “and an allowance for administrative expenses in accordance with the formula contained in subsection (b) of this section” after “employees of such agencies”, and added subsec. (b).

   Enacted provision · exact public law section
   Sec. 4. Section 1774 of title 38, United States Code, is amended— (1) by inserting “(a)” immediately before the first word thereof, (2) by inserting immediately after “expenses of salary and travel incurred by employees of such agencies” in the first sentence thereof the following: “and an allowance for administrative expenses in accordance with the formula contained in subsection (b) of this section”, and (3) by adding at the end thereof the following new subsection: “(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 section Allowance for administrative expense $5,000 or less $250. Over $5,000 but not exceeding $10,000 $450. Over $10,000 but not exceeding $35,000 $450 for the first $10,000 plus $400 for each additional $5,000 or fraction thereof. Over $35,000 but not exceeding $40,000 $2,625. Over $40,000 but not exceeding $75,000 $2,625 for the first $40,000 plus $350 for each additional $5,000 or fraction thereof. Over $75,000 but not exceeding $80,000 $5,225. Over $80,000 $5,225 for the first $80,000 plus $300 for each additional $5,000 or fraction thereof.”

4. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 § 403(7) · 86 Stat. 1074

   Inserted · 38 U.S.C. § 3674(a)

   Pub. L. 92–540, § 403(7), inserted “this chapter and” before “chapters 34 and 35” in cl. (1)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 92–540, § 403(7), inserted “this chapter and” before “chapters 34 and 35” in cl. (1).

   Enacted provision · exact public law section
   (7) inserting “this chapter and” before “chapters 34 and 35” the first, time it appears in section 1774(a);

5. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 § 411 · 86 Stat. 1074

   Changed · 38 U.S.C. § 3674(b)

   Pub. L. 92–540, § 411, provided for recomputation of formula for reimbursement of expenses by doubling amounts paid as allowance for administrative expenses

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 92–540, § 411, provided for recomputation of formula for reimbursement of expenses by doubling amounts paid as allowance for administrative expenses.

   Enacted provision · exact public law section
   Sec. 411. Subsection (b) of section 1774 of title 38, United States 82 Stat. 1334. Code, is amended to read as follows: “(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 section Allowance for administrative expense $5,000 or less $500. Over $5,000 but not exceeding $10,000 $900. Over $10,000 but not exceeding $35,000 $900 for the first $10,000 plus $800 for each additional $5,000 or fraction thereof. Over $35,000 but not exceeding $40,000 $5,250. Over $40,000 but not exceeding $75,000 $5,250 for the first $40,000 plus $700 for each additional $5,000 or fraction thereof. Over $75,000 but not exceeding $80,000 $10,450. Over $80,000 $10,450 for the first $80,000 plus $600 for each additional $5,000 or fraction thereof.

6. 1974

   Vietnam Era Veterans’ Readjustment Assistance Act of 1974

   Pub. L. 93–508 title II § 210(1) · 88 Stat. 1578

   Changed · 38 U.S.C. § 3674(b)

   Pub. L. 93–508 increased allowance for administrative expenses from “$500” to “$550”; “$900” to “$1,000”; “$900 for the first $10,000 plus $800 for each additional $5,000 or fraction thereof” to “$1,000 for the first $10,000 plus $925 for each additional $5,000 or fraction thereof”; “$5,250” to “$6,050”; “$5,250 for the first $40,000 plus $700 for each additional $5,000 or fraction thereof” to “$6,050 for the first $40,000 plus $800 for each additional $5,000 or fraction thereof”; “$10,450” to “$12,000”; and “$10,450 for the first $80,000 plus $600 for each additional $5,000 or fraction thereof” to “$12,000 for the first $80,000 plus $700 for each additional $5,000 or fraction thereof”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–508 increased allowance for administrative expenses from “$500” to “$550”; “$900” to “$1,000”; “$900 for the first $10,000 plus $800 for each additional $5,000 or fraction thereof” to “$1,000 for the first $10,000 plus $925 for each additional $5,000 or fraction thereof”; “$5,250” to “$6,050”; “$5,250 for the first $40,000 plus $700 for each additional $5,000 or fraction thereof” to “$6,050 for the first $40,000 plus $800 for each additional $5,000 or fraction thereof”; “$10,450” to “$12,000”; and “$10,450 for the first $80,000 plus $600 for each additional $5,000 or fraction thereof” to “$12,000 for the first $80,000 plus $700 for each additional $5,000 or fraction thereof”.

   Enacted provision · exact public law section
   (1) by amending section 1774(b) to read as follows: Administrative expenses, allowance. “(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 section Allowable for administrative expense $5,000 or less $550. Over $5,000 but not exceeding $10,000 $1,000. Over $10,000 but not exceeding $35,000 $1,000 for the first $10,000 plus $925 for each additional $5,000 or fraction thereof. Over $35,000 but not exceeding $40,000 $6,050. Over $40,000 but not exceeding $75,000 $6,050 for the first $40,000 plus $800 for each additional $5,000 or fraction thereof. Over $75,000 but not exceeding $80,000 $12,000. Over $80,000 $12,000 for the first $80,000 plus $700 for each additional $5,000 or fraction thereof.”; and

7. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 § 503(1) · 90 Stat. 2383

   Inserted · 38 U.S.C. § 3674(a)

   Pub. L. 94–502, § 503(1), inserted provision authorizing Administrator to reimburse State and local agencies for work performed by their subcontractors, where the work performed has a direct relationship to the requirements of this chapter, chapters 32, 34, and 35, and has prior approval of the Administrator

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–502, § 503(1), inserted provision authorizing Administrator to reimburse State and local agencies for work performed by their subcontractors, where the work performed has a direct relationship to the requirements of this chapter, chapters 32, 34, and 35, and has prior approval of the Administrator.

   Enacted provision · exact public law section
   (1) by adding at the end of subsection (a) thereof the following new sentence: “The Administrator may also reimburse such agencies for work performed by their subcontractors where such work has a direct relationship to the requirements of chapter 32, 34, 35, or 36 of this title, and has had the prior approval of the Ante, p. 2393. 38 USC 1651, 1700, 1770. Administrator.”; and

8. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 § 503(2) · 90 Stat. 2383

   Changed · 38 U.S.C. § 3674(b)

   Pub. L. 94–502, § 503(2), increased allowance for administrative expenses from “$550” to “$600”; “$1000” to “$1080”; “$1000 for the first $10,000 plus $925 for each additional $5,000 or fraction thereof” to “$1,080 for the first $10,000 plus $1,000 for each additional $5,000 or fraction thereof”; “$6,050” to “$6,535”; “$6,050 for the first $40,000 plus $800 for each additional $5,000 or fraction thereof” to “$6,535 for the first $40,000 plus $865 for each additional $5,000 or fraction thereof”; “$12,000” to “$12,960”; “$12,000 for the first $80,000 plus $700 for each additional $5,000 or fraction thereof” to “$12,960 for the first $80,000 plus $755 for each additional $5,000 or fraction thereof”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–502, § 503(2), increased allowance for administrative expenses from “$550” to “$600”; “$1000” to “$1080”; “$1000 for the first $10,000 plus $925 for each additional $5,000 or fraction thereof” to “$1,080 for the first $10,000 plus $1,000 for each additional $5,000 or fraction thereof”; “$6,050” to “$6,535”; “$6,050 for the first $40,000 plus $800 for each additional $5,000 or fraction thereof” to “$6,535 for the first $40,000 plus $865 for each additional $5,000 or fraction thereof”; “$12,000” to “$12,960”; “$12,000 for the first $80,000 plus $700 for each additional $5,000 or fraction thereof” to “$12,960 for the first $80,000 plus $755 for each additional $5,000 or fraction thereof”.

   Enacted provision · exact public law section
   (2) by amending subsection (b) to read as follows: “(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 section Allowable for administrative expense $5,000 or less $600. Over $5,000 but not exceeding $10,000 $1,080. Over $10,000 but not exceeding $35,000 $1,080 for the first $10,000 plus $1,000 for each additional $5,000 or fraction thereof. Over $35,000 but not exceeding $40,000 $6,535. Over $40,000 but not exceeding $75,000 $6,535 for the first $40,000 plus $865 for each additional $5,000 or fraction thereof. Over $75,000 but not exceeding $80,000 $12,960. Over $80,000 $12,960 for the first $40,000 plus $755 for each additional $5,000 or fraction thereof.

9. 1977

   GI Bill Improvement Act of 1977

   Pub. L. 95–202 § 303(1) · 91 Stat. 1433

   1. Substituted · 38 U.S.C. § 3674(b)

      Pub. L. 95–202, § 303(1), increased allowance for administrative expenses by substituting “$630” for “$600”

   2. Substituted · 38 U.S.C. § 3674(b)

      Pub. L. 95–202, § 303(1), increased allowance for administrative expenses by substituting “$1,134” for “$1,080”

   3. Substituted · 38 U.S.C. § 3674(b)

      Pub. L. 95–202, § 303(1), increased allowance for administrative expenses by substituting “$1,050” for “$1,000”

   4. Substituted · 38 U.S.C. § 3674(b)

      Pub. L. 95–202, § 303(1), increased allowance for administrative expenses by substituting “$6,862” for “$6,535”

   5. Substituted · 38 U.S.C. § 3674(b)

      Pub. L. 95–202, § 303(1), increased allowance for administrative expenses by substituting “$908” for “$865”

   6. Substituted · 38 U.S.C. § 3674(b)

      Pub. L. 95–202, § 303(1), increased allowance for administrative expenses by substituting “$13,608” for “$12,960”

   7. Substituted · 38 U.S.C. § 3674(b)

      Pub. L. 95–202, § 303(1), increased allowance for administrative expenses by substituting “$793” for “$755”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–202, § 303(1), increased allowance for administrative expenses by substituting “$630” for “$600”, “$1,134” for “$1,080” in two places, “$1,050” for “$1,000”, “$6,862” for “$6,535” in two places, “$908” for “$865”, “$13,608” for “$12,960” in two places, and “$793” for “$755”.

   Enacted provision · exact public law section
   (1) amending subsection (b) to read as follows: Administrative expenses. “(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 section Allowable for administrative expense   $5,000 or less   $630.   Over $5,000 but not exceeding $10,000   $1,134.   Over $10,000 but not exceeding $35,000   $1,134 for the first $10,000 plus $1,050 for each additional $5,000 or fraction thereof.   Over $35,000 but not exceeding $40,000   $6,862.   Over $40,000 but not exceeding $75,000   $6,862 for the first $40,000 plus $908 for each additional $5,000 or fraction thereof.   Over $75,000 but not exceeding $80,000   $13,608.   Over $80,000   $13,608 for the first $80,000 plus $793 for each additional $5,000 or fraction thereof.”; and

10. 1977

    GI Bill Improvement Act of 1977

    Pub. L. 95–202 § 303(2) · 91 Stat. 1433

    Added · 38 U.S.C. § 3674(c)

    Pub. L. 95–202, § 303(2), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 95–202, § 303(2), added subsec. (c).

    Enacted provision · exact public law section
    (2) inserting at the end thereof the following new subsection: Contracts or agreements. Report to Administrator. “(c) Each State and local agency with which the Administrator contracts or enters into an agreement under subsection (a) of this section shall report to the Administrator on September 30, 1978, and periodically, but not less often than annually, thereafter, as determined by the Administrator, 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 Administrator 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 38 USC 1601, 1651, 1700. supervising such institutions.

11. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 213(1) · 94 Stat. 2171

    1. Substituted · 38 U.S.C. § 3674(b)

       Pub. L. 96–466, § 213(1), increased allowance for administrative expenses by substituting “$693” for “$662”

    2. Substituted · 38 U.S.C. § 3674(b)

       Pub. L. 96–466, § 213(1), increased allowance for administrative expenses by substituting “$1,247” for “$1,191”

    3. Substituted · 38 U.S.C. § 3674(b)

       Pub. L. 96–466, § 213(1), increased allowance for administrative expenses by substituting “$1,155” for “$1,103”

    4. Substituted · 38 U.S.C. § 3674(b)

       Pub. L. 96–466, § 213(1), increased allowance for administrative expenses by substituting “$7,548” for “$7,205”

    5. Substituted · 38 U.S.C. § 3674(b)

       Pub. L. 96–466, § 213(1), increased allowance for administrative expenses by substituting “$999” for “$953”

    6. Substituted · 38 U.S.C. § 3674(b)

       Pub. L. 96–466, § 213(1), increased allowance for administrative expenses by substituting “$14,969” for “$14,288”

    7. Substituted · 38 U.S.C. § 3674(b)

       Pub. L. 96–466, § 213(1), increased allowance for administrative expenses by substituting “$872” for “$833”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–466, § 213(1), increased allowance for administrative expenses by substituting “$693” for “$662”, “$1,247” for “$1,191” in two places, “$1,155” for “$1,103”, “$7,548” for “$7,205” in two places, “$999” for “$953”, “$14,969” for “$14,288” in two places, and “$872” for “$833”.

    Enacted provision · exact public law section
    (1) amending subsection (b) of section 1774 to read as follows: “(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 section  Allowable 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.”.

12. 1980

    Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 § 203(1) · 94 Stat. 2171

    1. Substituted · 38 U.S.C. § 3674(b)

       Pub. L. 96–466, § 203(1), increased allowance for administrative expenses by substituting “$662” for “$630”

    2. Substituted · 38 U.S.C. § 3674(b)

       Pub. L. 96–466, § 203(1), increased allowance for administrative expenses by substituting “$1,191” for “$1,134”

    3. Substituted · 38 U.S.C. § 3674(b)

       Pub. L. 96–466, § 203(1), increased allowance for administrative expenses by substituting “$1,103” for “$1,050”

    4. Substituted · 38 U.S.C. § 3674(b)

       Pub. L. 96–466, § 203(1), increased allowance for administrative expenses by substituting “$7,205” for “$6,862”

    5. Substituted · 38 U.S.C. § 3674(b)

       Pub. L. 96–466, § 203(1), increased allowance for administrative expenses by substituting “$953” for “$908”

    6. Substituted · 38 U.S.C. § 3674(b)

       Pub. L. 96–466, § 203(1), increased allowance for administrative expenses by substituting “$14,288” for “$13,608”

    7. Substituted · 38 U.S.C. § 3674(b)

       Pub. L. 96–466, § 203(1), increased allowance for administrative expenses by substituting “$833” for “$793”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 96–466, § 203(1), increased allowance for administrative expenses by substituting “$662” for “$630”, “$1,191” for “$1,134” in two places, “$1,103” for “$1,050”, “$7,205” for “$6,862” in two places, “$953” for “$908”, “$14,288” for “$13,608” in two places, and “$833” for “$793”.

    Enacted provision · exact public law section
    (1) amending subsection (b) of section 1774 to read as follows: “(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 section  Allowable for administrative expense $5,000 or less $662. Over $5,000 but not exceeding $10,000 $1,191. Over $10,000 but not exceeding $35,000 $1,191 for the first $10,000. plus $1,103 for each additional $5,000 or fraction thereof. Over $35,000 but not exceeding $40,000 $7,205. Over $40,000 but not exceeding $75,000 $7,205 for the first $40,000, plus $953 for each additional $5,000 or fraction thereof. Over $75,000 but not exceeding $80,000 $14,288. Over $80,000 $14,288 for the first $80,000, plus $833 for each additional $5,000 or fraction thereof.”

13. 1982

    Pub. L. 97–295 § 4(51) · 96 Stat. 1287

    Inserted · 38 U.S.C. § 3674(a)

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

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–295 inserted “of this title” after “34 and 35” wherever appearing.

    Enacted provision · exact public law section
    (51) Sections 1773 and 1774(a) are amended by inserting “of this title” after “34 and 35” wherever it appears.

14. 1988

    Veterans’ Employment, Training, and Counseling Amendments of 1988

    Pub. L. 100–323 § 13(b)(5) · 102 Stat. 556

    1. Substituted · 38 U.S.C. § 3674(a)(1)

       Pub. L. 100–323, § 13(b)(5), in subpar. (A) substituted “chapters 30 through 35 of this title and chapters 106 and 107 of title 10” for “chapters 34 and 35 of this title”

    2. Substituted · 38 U.S.C. § 3674(a)(1)

       Pub. L. 100–323, § 13(b)(5), in subpar. (A) substituted “such chapters” for “chapters 34 and 35 of this title”

    3. Substituted · 38 U.S.C. § 3674(a)(1)

       Pub. L. 100–323, § 13(b)(5), in subpar. (A) substituted “provisions of such chapters” for “provisions of chapters 34 and 35 of this title”

    4. Substituted · 38 U.S.C. § 3674(a)(1)

       Pub. L. 100–323, § 13(b)(5), in subpar. (A) substituted “requirements of such chapters” for “requirements of chapter 32, 34, 35, or 36 of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 100–323, § 13(b)(5), in subpar. (A) substituted “chapters 30 through 35 of this title and chapters 106 and 107 of title 10” for “chapters 34 and 35 of this title”, in subpar. (B) substituted “such chapters” for “chapters 34 and 35 of this title”, and in provisions following subpar. (B) substituted “provisions of such chapters” for “provisions of chapters 34 and 35 of this title” and “requirements of such chapters” for “requirements of chapter 32, 34, 35, or 36 of this title”.

    Enacted provision · exact public law section
    (5) Section 1774(a)(1), as amended by subsection (a)(1) of this section, is amended— (A) by striking out “chapters 34 and 35 of this title” the first place it appears in the first sentence and inserting in lieu thereof “chapters 30 through 35 of this title and chapters 106 and 107 of title 10”; (B) by striking out “chapters 34 and 35 of this title” the second place it appears in the first sentence and where it apppears in the second sentence and inserting in lieu thereof “such chapters”; and (C) by striking out “chapter 32, 34, 35, or 36 of this title” in the third sentence and inserting in lieu thereof “such chapters”.

15. 1988

    Veterans’ Employment, Training, and Counseling Amendments of 1988

    Pub. L. 100–323 § 13(a)(1)(A) · 102 Stat. 556

    1. Substituted · 38 U.S.C. § 3674(a)(1)

       Pub. L. 100–323, § 13(a)(1)(A), (B), substituted “(1) Subject to paragraphs (2) through (4) of this subsection, the Administrator is” for “The Administrator is”

    2. Redesignated · 38 U.S.C. § 3674(a)(1)

       Pub. L. 100–323, § 13(a)(1)(A), (B), redesignated pars. (1) and (2) as subpars. (A) and (B), respectively

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–323, § 13(a)(1)(A), (B), substituted “(1) Subject to paragraphs (2) through (4) of this subsection, the Administrator is” for “The Administrator is”, and redesignated pars. (1) and (2) as subpars. (A) and (B), respectively.

    Enacted provision · exact public law section
    (A) by striking out “The” in the first sentence and inserting in lieu thereof “(1) Subject to paragraphs (2) through (4) of this subsection, the”;

16. 1988

    Veterans’ Employment, Training, and Counseling Amendments of 1988

    Pub. L. 100–323 § 13(a)(1)(C) · 102 Stat. 556

    Added · 38 U.S.C. § 3674(a)(2)(4)

    Pub. L. 100–323, § 13(a)(1)(C), added pars. (2) to (4)

    Source evidence

    Code amendment note
    Subsec. (a)(2) to (4). Pub. L. 100–323, § 13(a)(1)(C), added pars. (2) to (4).

    Enacted provision · exact public law section
    (C) by adding at the end the following new paragraphs: “(2) (A) The Administrator shall, effective at the beginning of fiscal Contracts. Wages. year 1988, make payments to State and local agencies, out of amounts available for the payment of readjustment benefits, 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 and for the allowance for administrative expenses described in subsection (b). “(B) The Administrator shall make such a payment to an agency within a reasonable time after the agency has submitted a report pursuant to paragraph (3)(A) 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). “(3) (A) Each State and local agency with which a contract or Contracts. Reports. agreement is entered into under this section shall submit to the Administrator 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 Administrator. “(B) The Administrator shall transmit a report to the Congress on a quarterly basis which summarizes— “(i) the amounts for which certifications were made by State and local agencies in the reports submitted under subparagraph (A) of this paragraph with respect to the quarter for which the report is made; and “(ii) the amounts of the payments made by the Administrator for such quarter with respect to such certifications and with respect to administrative expenses. “(4) The total amount made available under this section for any fiscal year may not exceed $12,000,000. For any fiscal year in which the total amount that would be made available under this section would exceed $12,000,000 except for the provisions of this paragraph, the Administrator shall provide that each agency shall receive the same percentage of $12,000,000 as the agency would have received of the total amount that would have been made available without the limitation of this paragraph.”.

17. 1989

    Veterans Education and Employment Amendments of 1989

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

    Substituted · 38 U.S.C. § 3674(a)

    Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–237, § 423(b)(1)(A), 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

18. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 414(1) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3674(a)(2)(A)

    Pub. L. 101–237, § 414(1), substituted “section, for expenses approved by the Secretary that are incurred in carrying out activities described in section 1774A(a)(4) of this title (except for administrative overhead expenses allocated to such activities), and for” for “section and for”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 101–237, § 414(1), substituted “section, for expenses approved by the Secretary that are incurred in carrying out activities described in section 1774A(a)(4) of this title (except for administrative overhead expenses allocated to such activities), and for” for “section and for”.

    Enacted provision · exact public law section
    (1) in paragraph (2)(A), by striking out “section and for” and inserting in lieu thereof “section, for expenses approved by the Secretary that are incurred in carrying out activities described in section 1774A(a)(4) of this title (except for administrative overhead expenses allocated to such activities), and for”; and

19. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 414(2) · 103 Stat. 2062

    Inserted · 38 U.S.C. § 3674(a)(2)(C)

    Pub. L. 101–237, § 414(2), inserted before period at end “and the amount of expenses approved by the Secretary that are incurred in carrying out activities described in section 1774A(a)(4) of this title for such period (except for administrative overhead expenses allocated to such activities)”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C). Pub. L. 101–237, § 414(2), inserted before period at end “and the amount of expenses approved by the Secretary that are incurred in carrying out activities described in section 1774A(a)(4) of this title for such period (except for administrative overhead expenses allocated to such activities)”.

    Enacted provision · exact public law section
    (2) in paragraph (2)(C), by inserting before the period the following: “and the amount of expenses approved by the Secretary that are incurred in carrying out activities described in section 1774A(a)(4) of this title for such period (except for administrative overhead expenses allocated to such activities)”.

20. 1989

    Veterans Education and Employment Amendments of 1989

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

    Substituted · 38 U.S.C. § 3674(c)

    Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–237, § 423(b)(1)(A), 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

21. 1991

    Pub. L. 102–16 § 10(a)(7) · 105 Stat. 48

    Substituted · 38 U.S.C. § 3674(a)(1)(A)

    Pub. L. 102–16 substituted “chapter 106” for “chapters 106 and 107”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 102–16 substituted “chapter 106” for “chapters 106 and 107”.

    Enacted provision · exact public law section
    (7) Section 1774(a)(1)(A) is amended by striking out “chapters 106 and 107” and inserting in lieu thereof “chapter 106”.

22. 1991

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

    Changed · 38 U.S.C. § 3674

    Pub. L. 102–83, § 5(a), renumbered section 1774 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1774 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.

23. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3674(a)(2)(A); 38 U.S.C. § 3674(a)(2)(C)

    Pub. L. 102–83, § 5(c)(1), substituted “3674A(a)(4)” for “1774A(a)(4)”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A), (C). Pub. L. 102–83, § 5(c)(1), substituted “3674A(a)(4)” for “1774A(a)(4)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

24. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 § 606(b) · 108 Stat. 4645

    1. Struck · 38 U.S.C. § 3674(a)(3)

       Pub. L. 103–446, § 606(b), struck out “(A)” before “Each State”

    2. Struck · 38 U.S.C. § 3674(a)(3)

       Pub. L. 103–446, § 606(b), struck out subpar. (B) which read as follows: “The Secretary shall transmit a report to the Congress on a quarterly basis which summarizes—

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 103–446, § 606(b), struck out “(A)” before “Each State” and struck out subpar. (B) which read as follows: “The Secretary shall transmit a report to the Congress on a quarterly basis which summarizes—

    “(i) the amounts for which certifications were made by State and local agencies in the reports submitted under subparagraph (A) of this paragraph with respect to the quarter for which the report is made; and “(ii) the amounts of the payments made by the Secretary for such quarter with respect to such certifications and with respect to administrative expenses.”

    Enacted provision · exact public law section
    (b) Elimination of Requirement for Quarterly Report to Congress.— Section 3674(a)(3) is amended— (1) by striking out subparagraph (B); and (2) by striking out “(A)” after “(3)”.

    Effective date note
    Pub. L. 103–446, title VI, § 606(a)(2), Nov. 2, 1994, 108 Stat. 4672, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to services provided under such section after September 30, 1994.”

25. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 § 606(a)(1) · 108 Stat. 4645

    Substituted · 38 U.S.C. § 3674(a)(4)

    Pub. L. 103–446, § 606(a)(1), substituted “$13,000,000” for “$12,000,000” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 103–446, § 606(a)(1), substituted “$13,000,000” for “$12,000,000” wherever appearing.

    Enacted provision · exact public law section
    (1) Section 3674(a)(4) is amended by striking out “$12,000,000” each place it appears and inserting in lieu thereof “$13,000,000”.

    Effective date note
    Pub. L. 103–446, title VI, § 606(a)(2), Nov. 2, 1994, 108 Stat. 4672, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to services provided under such section after September 30, 1994.”

26. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title I § 123 · 114 Stat. 1822

    1. Inserted · 38 U.S.C. § 3674(a)(4)

       Pub. L. 106–419 inserted “or, for each of fiscal years 2001 and 2002, $14,000,000” before period at end of first sentence

    2. Substituted · 38 U.S.C. § 3674(a)(4)

       Pub. L. 106–419 substituted “the amount applicable to that fiscal year under the preceding sentence” for “$13,000,000” in two places in second sentence

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 106–419 inserted “or, for each of fiscal years 2001 and 2002, $14,000,000” before period at end of first sentence and substituted “the amount applicable to that fiscal year under the preceding sentence” for “$13,000,000” in two places in second sentence.

    Enacted provision · exact public law section
    SEC. 123. INCREASE FOR FISCAL YEARS 2001 AND 2002 IN AGGREGATEANNUAL AMOUNT AVAILABLE FOR STATE APPROVING AGENCIES FOR ADMINISTRATIVE EXPENSES. Section 3674(a)(4) is amended— (1) in the first sentence, by inserting “or, for each of fiscal years 2001 and 2002, $14,000,000” after “$13,000,000”; and (2) in the second sentence, by striking “$13,000,000” both places it appears and inserting “the amount applicable to that fiscal year under the preceding sentence”.

27. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(7)(A)(i) · 115 Stat. 25

    1. Struck · 38 U.S.C. § 3674(a)(2)(A)

       Pub. L. 107–14, § 8(a)(7)(A)(i), struck out “, effective at the beginning of fiscal year 1988,” after “The Secretary shall”

    2. Substituted · 38 U.S.C. § 3674(a)(2)(A)

       Pub. L. 107–14, § 8(a)(7)(A)(i), substituted “section 3674A(a)(3)” for “section 3674A(a)(4)”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 107–14, § 8(a)(7)(A)(i), struck out “, effective at the beginning of fiscal year 1988,” after “The Secretary shall” and substituted “section 3674A(a)(3)” for “section 3674A(a)(4)”.

    Enacted provision · exact public law section
    (i) in subparagraph (A)— (I) by striking effective at the beginning of fiscal year 1988,”; and (II) by striking “section 3674A(a)(4)” and inserting “section 3674A(a)(3)”;

28. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(7)(A)(ii) · 115 Stat. 25

    Substituted · 38 U.S.C. § 3674(a)(2)(B)

    Pub. L. 107–14, § 8(a)(7)(A)(ii), substituted “paragraph (3)” for “paragraph (3)(A)”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 107–14, § 8(a)(7)(A)(ii), substituted “paragraph (3)” for “paragraph (3)(A)”.

    Enacted provision · exact public law section
    (ii) in subparagraph (B), by striking “paragraph (3)(A)” and inserting “paragraph (3)”; and

29. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(7)(A)(iii) · 115 Stat. 25

    Substituted · 38 U.S.C. § 3674(a)(2)(C)

    Pub. L. 107–14, § 8(a)(7)(A)(iii), substituted “section 3674A(a)(3)” for “section 3674A(a)(4)”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C). Pub. L. 107–14, § 8(a)(7)(A)(iii), substituted “section 3674A(a)(3)” for “section 3674A(a)(4)”.

    Enacted provision · exact public law section
    (iii) in subparagraph (C), by striking "section 3674A(a)(4)" and inserting “section 3674A(a)(3)”; and

30. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(7)(B) · 115 Stat. 25

    Struck · 38 U.S.C. § 3674(c)

    Pub. L. 107–14, § 8(a)(7)(B), struck out “on September 30, 1978, and” before “periodically,” and “thereafter,” before “as determined by the Secretary,”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–14, § 8(a)(7)(B), struck out “on September 30, 1978, and” before “periodically,” and “thereafter,” before “as determined by the Secretary,”.

    Enacted provision · exact public law section
    (B) in subsection (c)— (i) by striking “on September 30, 1978, and”; and (ii) by striking “thereafter,”.

31. 2002

    Pub. L. 107–330 title III § 301 · 116 Stat. 2820

    Inserted · 38 U.S.C. § 3674(a)(4)

    Pub. L. 107–330 inserted “, for fiscal year 2003, $14,000,000, for fiscal year 2004, $18,000,000, for fiscal year 2005, $18,000,000, for fiscal year 2006, $19,000,000, and for fiscal year 2007, $19,000,000” before period at end of first sentence

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 107–330 inserted “, for fiscal year 2003, $14,000,000, for fiscal year 2004, $18,000,000, for fiscal year 2005, $18,000,000, for fiscal year 2006, $19,000,000, and for fiscal year 2007, $19,000,000” before period at end of first sentence.

    Enacted provision · exact public law section
    SEC. 301. INCREASE IN AGGREGATE ANNUAL AMOUNT AVAILABLE FOR STATE APPROVING AGENCIES FOR ADMINISTRATIVE EXPENSES FOR FISCAL YEARS 2003 THROUGH 2007. The first sentence of section 3674(a)(4) is amended by inserting before the period at the end the following: “, for fiscal year 2003, $14,000,000, for fiscal year 2004, $18,000,000, for fiscal year 2005, $18,000,000, for fiscal year 2006, $19,000,000, and for fiscal year 2007, $19,000,000”.

32. 2008

    Post-9/11 Veterans Educational Assistance Act of 2008

    Pub. L. 110–252 title V § 5005 · 122 Stat. 2323

    Substituted · 38 U.S.C. § 3674(a)(4)

    Pub. L. 110–252 substituted “shall be $19,000,000.” for “may not exceed $13,000,000 or, for each of fiscal years 2001 and 2002, $14,000,000, for fiscal year 2003, $14,000,000, for fiscal year 2004, $18,000,000, for fiscal year 2005, $18,000,000, for fiscal year 2006, $19,000,000, and for fiscal year 2007, $19,000,000. For any fiscal year in which the total amount that would be made available under this section would exceed the amount applicable to that fiscal year under the preceding sentence except for the provisions of this paragraph, the Secretary shall provide that each agency shall receive the same percentage of the amount applicable to that fiscal year under the preceding sentence as the agency would have received of the total amount that would have been made available without the limitation of this paragraph.”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 110–252 substituted “shall be $19,000,000.” for “may not exceed $13,000,000 or, for each of fiscal years 2001 and 2002, $14,000,000, for fiscal year 2003, $14,000,000, for fiscal year 2004, $18,000,000, for fiscal year 2005, $18,000,000, for fiscal year 2006, $19,000,000, and for fiscal year 2007, $19,000,000. For any fiscal year in which the total amount that would be made available under this section would exceed the amount applicable to that fiscal year under the preceding sentence except for the provisions of this paragraph, the Secretary shall provide that each agency shall receive the same percentage of the amount applicable to that fiscal year under the preceding sentence as the agency would have received of the total amount that would have been made available without the limitation of this paragraph.”

    Enacted provision · exact public law section
    Sec. 5005. modification of amount available for reimbursement of state and local agencies administering veterans education benefits Section 3674(a)(4) of title 38, United States Code, is amended by striking “may not exceed” and all that follows through the end and inserting “shall be $19,000,000.”.

33. 2017

    Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 § 301(a)(1) · 131 Stat. 973

    Substituted · 38 U.S.C. § 3674(a)(2)(A)

    Pub. L. 115–48, § 301(a)(1), substituted “out of amounts in the Department of Veterans Affairs readjustment benefits account and amounts appropriated to the Secretary” for “out of amounts available for the payment of readjustment benefits”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 115–48, § 301(a)(1), substituted “out of amounts in the Department of Veterans Affairs readjustment benefits account and amounts appropriated to the Secretary” for “out of amounts available for the payment of readjustment benefits”.

    Enacted provision · exact public law section
    (1) in paragraph (2)(A), by striking “out of amounts available for the payment of readjustment benefits” and inserting “out of amounts in the Department of Veterans Affairs readjustment benefits account and amounts appropriated to the Secretary”;

34. 2017

    Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 § 301(a)(3) · 131 Stat. 973

    Redesignated · 38 U.S.C. § 3674(a)(4)

    Pub. L. 115–48, § 301(a)(3), added par. (4). Former par. (4) redesignated (5)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 115–48, § 301(a)(3), added par. (4). Former par. (4) redesignated (5).

    Enacted provision · exact public law section
    (3) by inserting after paragraph (3) the following new paragraph (4): “(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.” ; and

35. 2017

    Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 § 301(a)(4) · 131 Stat. 973

    1. Amended · 38 U.S.C. § 3674(a)(5)

       Pub. L. 115–48, § 301(a)(4), designated existing provisions as subpar. (A)

    2. Substituted · 38 U.S.C. § 3674(a)(5)

       Pub. L. 115–48, § 301(a)(4), substituted “for fiscal year 2018 shall be $21,000,000 and for fiscal year 2019 and thereafter shall be $23,000,000” for “for any fiscal year shall be $19,000,000”

    3. Added · 38 U.S.C. § 3674(a)(5)

       Pub. L. 115–48, § 301(a)(4), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 115–48, § 301(a)(4), designated existing provisions as subpar. (A), substituted “for fiscal year 2018 shall be $21,000,000 and for fiscal year 2019 and thereafter shall be $23,000,000” for “for any fiscal year shall be $19,000,000”, and added subpar. (B).

    Enacted provision · exact public law section
    (4) in paragraph (5), as so redesignated— (A) by striking “The total” and inserting “(A) The total”; (B) by striking “for any fiscal year shall be $19,000,000” and inserting “for fiscal year 2018 shall be $21,000,000 and for fiscal year 2019 and thereafter shall be $23,000,000”; and (C) by adding at the end the following new subparagraph: “(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 et seq.) as a result of a determination made under section 215(i) of such Act (42 U.S.C. 415(i)), 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.” .

36. 2017

    Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 § 301(a)(2) · 131 Stat. 973

    Redesignated · 38 U.S.C. § 3674(a)(5)

    Pub. L. 115–48, § 301(a)(2), redesignated par. (4) as (5)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–48, § 301(a)(2), redesignated par. (4) as (5).

    Enacted provision · exact public law section
    (2) by redesignating paragraph (4) as paragraph (5);

65 of 66 references resolved to an enrolled provision · 1 partial