38 CFR 21.4005 - Conflicting interests.

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§ 21.4005 Conflicting interests.
For the purposes of this section, a person will be considered to be an “officer” of the State approving agency or VA when he or she has authority to exercise supervisory authority, and “educational institution” includes an organization or entity offering licensing or certification tests.
(Authority: 38 U.S.C. 3683, 3689)
(a) A conflict of interest can cause the dismissal of a VA or State approving agency officer or employee and other adverse consequences.
(1) An officer or employee of VA will be immediately dismissed from his or her office or employment, if while such an officer or employee he or she has owned any interest in, or received any wages, salary, dividends, profits, gratuities, or services from any educational institution operated for profit—
(i) In which a veteran or eligible person was pursuing a course of education under 10 U.S.C. chapter 1606 or 38 U.S.C. chapter 30, 32, 33, 35, or 36; or
(ii) Offering a licensing or certification test that is approved for payment of educational assistance under 10 U.S.C. chapter 1606, or 38 U.S.C. chapter 30, 32, 33, or 35 to veterans, reservists, or eligible individuals who take that test.
(2) Except as provided in paragraph (a)(3) or (c) of this section, VA will discontinue payments under § 21.4153 to a State approving agency when the Secretary finds that any individual who is an officer or employee of a State approving agency has, while he or she was such an officer or employee, owned any interest in, or received any wages, salary, dividends, profits, gratuities, or services from any educational institution operated for profit—
(i) In which a veteran or eligible person was pursuing a course of education or training under 10 U.S.C. chapter 1606 or 38 U.S.C. chapter 30, 32, 33, 35, or 36; or
(ii) Offering a licensing or certification test that is approved for payment of educational assistance under 10 U.S.C. chapter 1606, or 38 U.S.C. chapter 30, 32, 33, or 35 to veterans, reservists, or eligible individuals who take that test.
(3) VA will not discontinue payments to a State approving agency under paragraph (a)(2) of this section if the State approving agency, after learning that it has any officer or employee described in that paragraph, acts without delay to end the employment of that individual.
(4) If VA discontinues payments to a State approving agency pursuant to paragraph (a)(2) of this section, VA will not resume these payments while such an individual is an officer or employee of the:
(i) State approving agency;
(ii) State Department of Veterans Affairs; or
(iii) State Department of Education.
(5) A State approving agency will not approve any course offered by an educational institution operated for profit and, if any such course has been approved, will disapprove each such course, if it finds that any officer or employee of the Department of Veterans Affairs, or the State approving agency owns an interest in, or receives any wages, salary, dividends, profits, gratuities, or service from, such educational institution.
(6) If a State approving agency finds that any officer or employee of VA or of the State approving agency owns an interest in, or receives wages, salary, dividends, profits, gratuities, or services from an organization or entity, operated for profit, that offers licensing or certification tests, the State approving agency:
(i) Will not approve any licensing or certification test that organization or entity offers; and
(ii) Will withdraw approval of any licensing or certification test that organization or entity offers.
(7) The Secretary may, after reasonable notice, and public hearings if requested, waive in writing the application of this paragraph in the case of any officer or employee of the Department of Veterans Affairs or of a State approving agency, if it is found that no detriment will result to the United States or to veterans or eligible persons by reason of such interest or connection of such officer or employee.
(b) Waiver.
(1) Where a request is made for waiver of application of paragraph (a)(1) of this section, it will be considered that no detriment will result to the United States or to veterans or eligible persons by reason of such interest or connection of such officer or employee of the Department of Veterans Affairs, if the officer or employee:
(i) Acquired his or her interest in the educational institution by operation of law, or before the statute became applicable to the officer or employee, and his or her interest has been disposed of and his or her connection discontinued, or
(ii) Meets all of the following conditions:
(A) His or her position involves no policy determinations, at any administrative level, having to do with matters pertaining to payment of educational assistance allowance, or special training allowance.
(B) His or her position has no relationship with the processing of any veteran's or eligible person's application for education or training.
(C) His or her position precludes him or her from taking any adjudicative action on individual applications for education or training.
(D) His or her position does not require him or her to perform duties involved in the investigation of irregular actions on the part of educational institutions or veterans or eligible persons in connection with 10 U.S.C. chapter 1606 or 38 U.S.C. chapters 30, 32, 33, 35 or 36.
(E) His or her position is not connected with the processing of claims by, or payments to, schools, or their students enrolled under the provisions of 10 U.S.C. chapter 1606 or 38 U.S.C. chapters 30, 32, 33, 35 or 36.
(F) His or her position is not connected in any way with the inspection, approval, or supervision of educational institutions desiring to train veterans or eligible persons or to offer a licensing or certification test; or with the processing of claims by or making payments to veterans and eligible persons for taking an approved licensing or certification test.
(2) Where a request is made for waiver of application of paragraph (a) (2) of this section, it will be considered that no detriment will result to the United States or to veterans or eligible persons by reason of such interest or connection of such officer or employee of a State approving agency, if the officer or employee:
(i) Acquired his or her interest in the educational institution by operation of law, or before the statute became applicable to the officer or employee, and his or her interest has been disposed of and his or her connection discontinued, or
(ii) Meets all of the following conditions:
(A) His or her position does not require him or her to perform duties involved in the investigation of irregular actions on the part of educational institutions or veterans or eligible persons in connection with 10 U.S.C. chapter 1606 or 38 U.S.C. chapters 30, 32, 33, 35 or 36.
(B) His or her work is not connected in any way with the inspection, approval, or supervision of educational institutions desiring to train veterans or eligible persons, or desiring to offer licensing or certification tests to veterans or elegible persons.
(c) Authority.
(1) Authority is delegated to the Director, Education Service, and to the facility head in the cases of VA employees under his or her jurisdiction, to waive the application of paragraph (a)(1) of this section in the case of any VA employee who meets the criteria of paragraph (b)(1) of this section, and to deny requests for a waiver which do not meet those criteria. If the circumstances warrant, a waiver request may be submitted to the Secretary for a decision.
(2) Authority is delegated to the Director, Education Service, in cases of State approving agency employees to waive the application of paragraph (a)(2) of this section in the case of anyone who meets the criteria of paragraph (b)(2) of this section, and to deny requests for a waiver which do not meet those criteria. If the circumstances warrant, a waiver request may be submitted to the Secretary for a decision.
(3) Authority is reserved to the Secretary to waive the requirement of paragraphs (a) (1) and (2) of this section in the case of an officer of the Department of Veterans Affairs or a State approving agency and in the case of any employee of either who does not meet the criteria of paragraph (b) of this section.
(Authority: 38 U.S.C. 512(a), 3683)
(d) Notice when VA does not grant a requested waiver. When VA has denied a request for waiver of application of paragraph (a)(1) or (a)(2) of this section, VA will immediately notify the State approving agency and the educational institution:
(1) That the approval of courses or licensing and certification tests offered by the educational institution must be withdrawn;
(2) The reasons for the withdrawal of approval; and
(3) The conditions that will permit the courses or such tests to be approved again.
(Authority: 38 U.S.C. 3683, 3689(d))
(e) Notice to veterans, reservists, and eligible individuals.
(1) The veteran or eligible person will be notified in writing sent to his or her latest address of record when, in circumstances involving a finding of conflicting interests:
(i) The course or courses are disapproved by the State approving agency, or
(ii) The State approving agency fails to disapprove the course or courses within 15 days after the date of written notice to the agency, and no waiver has been requested, or
(iii) Waiver has been denied.
(2) The veteran or eligible person will be informed that he or she may apply for enrollment in an approved course in another educational institution, but that in the absence of such transfer, educational assistance allowance payments will be discontinued effective the date of discontinuance of the course, or the 30th day following the date of such letter, whichever is earlier.
(Authority: 38 U.S.C. 3683, 3690, 5104)
[31 FR 6774, May 6, 1966, as amended at 43 FR 3707, Jan. 27, 1978; 51 FR 16315, May 2, 1986; 61 FR 20728, May 8, 1996; 72 FR 16967, Apr. 5, 2007; 74 FR 14666, Mar. 31, 2009]

Title 38 published on 2013-07-01

The following are only the Rules published in the Federal Register after the published date of Title 38.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-03-24; vol. 79 # 56 - Monday, March 24, 2014
    1. 79 FR 15920 - Vocational Rehabilitation and Employment Program: Changes Related to the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012
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      DEPARTMENT OF VETERANS AFFAIRS
      Final rule.
      Effective Date: This final rule is effective March 24, 2014. Applicability Date: In accordance with the amended statutory provision of 38 U.S.C. 3108(a)(2), this final rule pertains to all awards of employment adjustment allowance processed on or after August 6, 2013.
      38 CFR Part 21

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 10 - ARMED FORCES
U.S. Code: Title 38 - VETERANS’ BENEFITS

§ 101 - Definitions

§ 501 - Rules and regulations

§ 512 - Delegation of authority; assignment of functions and duties

§ 1151 note - Benefits for persons disabled by treatment or vocational rehabilitation

§ 1163 - Trial work periods and vocational rehabilitation for certain veterans with total disability ratings

§ 1501 - Definitions

§ 1502 - Determinations with respect to disability

§ 1503 - Determinations with respect to annual income

§ 1504 - Persons heretofore having a pensionable status

§ 1505 - Payment of pension during confinement in penal institutions

§ 1506 - Resource reports and overpayment adjustments

§ 1507 - Disappearance

§ 1508 - Frequency of payment of pension benefits

§ 1802 - Spina bifida conditions covered

§ 1803 - Health care

§ 1804 - Vocational training and rehabilitation

§ 1805 - Monetary allowance

§ 1806 - Repealed.

§ 3001 - Purposes

§ 3002 - Definitions

§ 3011 - Basic educational assistance entitlement for service on active duty

§ 3012 - Basic educational assistance entitlement for service in the Selected Reserve

§ 3013 - Duration of basic educational assistance

§ 3014 - Payment of basic educational assistance

§ 3014A - Accelerated payment of basic educational assistance for education leading to employment in high technology occupation in high technology industry

§ 3015 - Amount of basic educational assistance

§ 3016 - Inservice enrollment in a program of education

§ 3017 - Death benefit

§ 3018 - Opportunity for certain active-duty personnel to withdraw election not to enroll

§ 3018A - Opportunity for certain active-duty personnel to enroll before being involuntarily separated from service

§ 3018B - Opportunity for certain persons to enroll

§ 3018C - Opportunity for certain VEAP participants to enroll

§ 3019 - Tutorial assistance

§ 3020 - Authority to transfer unused education benefits to family members for career service members

§ 3021 - Supplemental educational assistance for additional service

§ 3022 - Amount of supplemental educational assistance

§ 3023 - Payment of supplemental educational assistance under this subchapter

§ 3031 - Time limitation for use of eligibility and entitlement

§ 3032 - Limitations on educational assistance for certain individuals

§ 3033 - Bar to duplication of educational assistance benefits

§ 3034 - Program administration

§ 3035 - Allocation of administration and of program costs

§ 3036 - Repealed.

§ 3100 - Purposes

§ 3101 - Definitions

§ 3102 - Basic entitlement

§ 3103 - Periods of eligibility

§ 3104 - Scope of services and assistance

§ 3105 - Duration of rehabilitation programs

§ 3106 - Initial and extended evaluations; determinations regarding serious employment handicap

§ 3107 - Individualized vocational rehabilitation plan

§ 3108 - Allowances

§ 3109 - Entitlement to independent living services and assistance

§ 3110 - Leaves of absence

§ 3111 - Regulations to promote satisfactory conduct and cooperation

§ 3112 - Revolving fund loans

§ 3113 - Vocational rehabilitation for hospitalized members of the Armed Forces and veterans

§ 3114 - Vocational rehabilitation outside the United States

§ 3115 - Rehabilitation resources

§ 3116 - Promotion of employment and training opportunities

§ 3117 - Employment assistance

§ 3118 - Personnel training, development, and qualifications

§ 3119 - Rehabilitation research and special projects

§ 3120 - Program of independent living services and assistance

§ 3121 - Veterans’ Advisory Committee on Rehabilitation

§ 3122 - Longitudinal study of vocational rehabilitation programs

§ 3201 - Purpose

§ 3202 - Definitions

§ 3221 - Eligibility

§ 3222 - Contributions; matching fund

§ 3223 - Refunds of contributions upon disenrollment

§ 3224 - Death of participant

§ 3225 - Discharge or release under conditions which would bar the use of benefits

§ 3231 - Entitlement; loan eligibility

§ 3232 - Duration; limitations

§ 3233 - Apprenticeship or other on-job training

§ 3234 - Tutorial assistance

§ 3241 - Requirements

§ 3242 - Vacant]

§ 3243 - Deposits; reports

§ 3301 - Definitions

§ 3311 - Educational assistance for service in the Armed Forces commencing on or after September 11, 2001: entitlement

§ 3312 - Educational assistance: duration

§ 3313 - Educational assistance: amount; payment

§ 3314 - Tutorial assistance

§ 3315 - Licensure and certification tests

§ 3315A - National tests

§ 3316 - Supplemental educational assistance: members with critical skills or specialty; members serving additional service

§ 3317 - Public-private contributions for additional educational assistance

§ 3318 - Additional assistance: relocation or travel assistance for individual relocating or traveling significant distance for pursuit of a program of education

§ 3319 - Authority to transfer unused education benefits to family members

§ 3321 - Time limitation for use of and eligibility for entitlement

§ 3322 - Bar to duplication of educational assistance benefits

§ 3323 - Administration

§ 3324 - Allocation of administration and costs

§ 3451 - Purpose

§ 3452 - Definitions

§ 3461 - Eligibility; entitlement; duration

§ 3462 - Time limitations for completing a program of education

§ 3463 - Vacant]

§ 3470 - Selection of program

§ 3471 - Applications; approval

§ 3472 - Vacant]

§ 3473 - Repealed.

§ 3474 - Discontinuance for unsatisfactory conduct or progress

§ 3475 - Vacant]

§ 3476 - Education outside the United States

§ 3477, 3478 - Vacant]

§ 3481 - Educational assistance allowance

§ 3482 - Computation of educational assistance allowances

§ 3482A - Vacant]

§ 3483 - Approval of courses

§ 3484 - Apprenticeship or other on-job training; correspondence courses

§ 3485 - Work-study allowance

§ 3486, 3487 - Vacant]

§ 3490 - Purpose

§ 3491 - Elementary and secondary education and preparatory educational assistance

§ 3492 - Tutorial assistance

§ 3493 - Effect on educational entitlement

§ 3495 to 3498 - Vacant]

§ 3500 - Purpose

§ 3501 - Definitions

§ 3510 - Eligibility and entitlement generally

§ 3511 - Duration of educational assistance

§ 3512 - Periods of eligibility

§ 3513 - Application

§ 3514 - Processing of applications

§ 3520 - Educational and vocational counseling

§ 3521 - Approval of application

§ 3522 - Vacant]

§ 3523 - Disapproval of enrollment in certain courses

§ 3524 - Discontinuance for unsatisfactory progress

§ 3525, 3526 - Vacant]

§ 3531 - Educational assistance allowance

§ 3532 - Computation of educational assistance allowance

§ 3533 - Special assistance for the educationally disadvantaged

§ 3534 - Apprenticeship or other on-job training; correspondence courses

§ 3535 - Approval of courses

§ 3536 - Specialized vocational training courses

§ 3537 - Work-study allowance

§ 3538 - Vacant]

§ 3540 - Purpose

§ 3541 - Entitlement to special restorative training

§ 3542 - Special training allowance

§ 3543 - Special administrative provisions

§ 3561 - Authority and duties of Secretary

§ 3562 - Nonduplication of benefits

§ 3563 - Notification of eligibility

§ 3564 - Annual adjustment of amounts of educational assistance

§ 3565 - Children of certain Philippine veterans

§ 3566 - Definitions

§ 3670 - Scope of approval

§ 3671 - Designation

§ 3672 - Approval of courses

§ 3673 - Approval activities: cooperation and coordination of activities

§ 3674 - Reimbursement of expenses

§ 3674A - Evaluations of agency performance; qualifications and performance of agency personnel

§ 3675 - Approval of accredited courses

§ 3676 - Approval of nonaccredited courses

§ 3677 - Approval of training on the job

§ 3678 - Notice of approval of courses

§ 3679 - Disapproval of courses

§ 3680 - Payment of educational assistance or subsistence allowances

§ 3680A - Disapproval of enrollment in certain courses

§ 3681 - Limitations on educational assistance

§ 3682 - Control by agencies of the United States

§ 3683 - Conflicting interests

§ 3684 - Reports by veterans, eligible persons, and institutions; reporting fee

§ 3684A - Procedures relating to computer matching program

§ 3685 - Overpayments to eligible persons or veterans

§ 3686 - Correspondence courses

§ 3687 - Apprenticeship or other on-job training

§ 3688 - Measurement of courses

§ 3689 - Approval requirements for licensing and certification testing

§ 3690 - Overcharges by educational institutions; discontinuance of allowances; examination of records; false or misleading statements

§ 3691 - Change of program

§ 3692 - Advisory committee

§ 3693 - Compliance surveys

§ 3694 - Use of other Federal agencies

§ 3695 - Limitation on period of assistance under two or more programs

§ 3696 - Limitation on certain advertising, sales, and enrollment practices

§ 3697 - Funding of contract educational and vocational counseling

§ 3697A - Educational and vocational counseling

§ 3698 - Comprehensive policy on providing education information to veterans

38 U.S. Code § 3698 - Comprehensive policy on providing education information to veterans

§ 5100 - Definition of “claimant”

§ 5101 - Claims and forms

§ 5102 - Application forms furnished upon request; notice to claimants of incomplete applications

§ 5103 - Notice to claimants of required information and evidence

§ 5103A - Duty to assist claimants

§ 5104 - Decisions and notices of decisions

§ 5105 - Joint applications for social security and dependency and indemnity compensation

§ 5106 - Furnishing of information by other agencies

§ 5107 - Claimant responsibility; benefit of the doubt

§ 5108 - Reopening disallowed claims

§ 5109 - Independent medical opinions

§ 5109A - Revision of decisions on grounds of clear and unmistakable error

§ 5109B - Expedited treatment of remanded claims

§ 5303A - Minimum active-duty service requirement

U.S. Code: Title 41 - PUBLIC CONTRACTS
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
Statutes at Large
Public Laws

Title 38 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 38 CFR 21 after this date.

  • 2014-03-24; vol. 79 # 56 - Monday, March 24, 2014
    1. 79 FR 15920 - Vocational Rehabilitation and Employment Program: Changes Related to the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012
      GPO FDSys XML | Text
      DEPARTMENT OF VETERANS AFFAIRS
      Final rule.
      Effective Date: This final rule is effective March 24, 2014. Applicability Date: In accordance with the amended statutory provision of 38 U.S.C. 3108(a)(2), this final rule pertains to all awards of employment adjustment allowance processed on or after August 6, 2013.
      38 CFR Part 21