38 USC 102. Dependent parents
TITLE 38 -- VETERANS' BENEFITS
(a) Dependency of a parent, which may arise before or after the death
of a veteran, shall be determined in accordance with regulations
prescribed by the Secretary.
(b) Dependency of a parent shall not be denied (1) solely because of
remarriage, or (2) in any case in any State where the monthly income for
a mother or father does not exceed minimum levels which the Secretary
shall prescribe by regulation, giving due regard to the marital status
of the mother or father and additional members of the family whom the
mother or father is under a moral or legal obligation to support.
(c) For the purposes of this section, in determining monthly income
the Secretary shall not consider any payments under laws administered by
the Secretary because of disability or death or payments of bonus or
similar cash gratuity by any State based upon service in the Armed
Forces.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 89-358,
4(e), (f), Mar. 3, 1966, 80 Stat. 24; Pub. L. 92-540, title IV, 408,
Oct. 24, 1972, 86 Stat. 1092; Pub. L. 94-432, title IV, 402, Sept. 30,
1976, 90 Stat. 1372; Pub. L. 99-576, title VII, 701(1), Oct. 28, 1986,
100 Stat. 3289; Pub. L. 102-54, 14(a)(2), June 13, 1991, 105 Stat.
282; Pub. L. 102-83, 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.
403-405.)
1991 -- Subsecs. (a), (b). Pub. L. 102-83, 4(b)(1), (2)(E),
substituted ''Secretary'' for ''Administrator''.
Subsec. (c). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary shall'' for ''Administrator shall''.
Pub. L. 102-83, 4(a)(1), substituted ''administered by the
Secretary'' for ''administered by the Veterans' Administration''.
Pub. L. 102-54 substituted ''(c)'' for ''(C)'' as subsec.
designation.
1986 -- Pub. L. 99-576, 701(1)(B), substituted ''Dependent
parents'' for ''Dependent parents; husbands'' in section catchline.
Subsec. (a). Pub. L. 99-576, 701(1)(A)(ii), (iii), (v), struck out
par. (1) designation and redesignated par. (2) of subsec. (a) as
subsec. (b) and par. (3) of subsec. (a) as subsec. (C).
Subsec. (b). Pub. L. 99-576, 701(1)(A)(i), (iii), (iv), redesignated
former subsec. (a)(2) as subsec. (b) and substituted ''(1)'' and
''(2)'' for ''(A)'' and ''(B)'', respectively. Former subsec. (b),
which read ''For the purposes of this title, (1) the term 'wife'
includes the husband of any female veteran; and (2) the term 'widow'
includes the widower of any female veteran'', was struck out.
Subsec. (c). Pub. L. 99-576, 701(1)(A)(v), redesignated former
subsec. (a)(3) as subsec. (C) and substituted ''For the purposes of
this section,'' for ''For the purposes of this subsection''.
1976 -- Subsec. (a)(2). Pub. L. 94-432 substituted prohibition
against denial of dependency of a parent ''(B) in any case in any State
where the monthly income for a mother or father does not exceed minimum
levels which the Administrator shall prescribe by regulation, giving due
regard to the marital status of the mother or father and additional
members of the family whom the mother or father is under a moral or
legal obligation to support'' for such prohibition ''(B) in any case in
any State where the monthly income for a mother or father, not living
together, is not more than $105, or where the monthly income for a
mother and father living together, is not more than $175, plus, in
either case, $45, for each additional member of the family whom the
father or mother is under a moral or legal obligation to support, as
determined by the Administrator''.
1972 -- Pub. L. 92-540, 408(2), substituted ''Dependent parents;
husbands'' for ''Dependent parents and dependent husbands'' in section
catchline.
Subsec. (b). Pub. L. 92-540, 408(1), struck out exception which made
definition of terms inapplicable to chapter 19 of this title and struck
out from definitions of ''wife'' and ''widow'' provisions relating to
the ability of such persons to maintain and support themselves.
1966 -- Subsec. (a)(2). Pub. L. 89-358, 4(e), substituted
''Dependency'' for ''Except for the purposes of chapter 33 of this
title, dependency''.
Subsec. (b). Pub. L. 89-358, 4(f), struck out from introductory
parenthetical phrase reference to chapter 33 of this title.
Amendment by Pub. L. 94-432 effective Sept. 30, 1976, see section
405(a) of Pub. L. 94-432, set out as a note under section 1521 of this
title.
38 USC 103. Special provisions relating to marriages
TITLE 38 -- VETERANS' BENEFITS
(a) Whenever, in the consideration of any claim filed by a person as
the widow or widower of a veteran for gratuitous death benefits under
laws administered by the Secretary, it is established by evidence
satisfactory to the Secretary that such person, without knowledge of any
legal impediment, entered into a marriage with such veteran which, but
for a legal impediment, would have been valid, and thereafter cohabited
with the veteran for one year or more immediately before the veteran's
death, or for any period of time if a child was born of the purported
marriage or was born to them before such marriage, the purported
marriage shall be deemed to be a valid marriage, but only if no claim
has been filed by a legal widow or widower of such veteran who is found
to be entitled to such benefits. No duplicate payments shall be made by
virtue of this subsection.
(b) Where a surviving spouse has been legally married to a veteran
more than once, the date of original marriage will be used in
determining whether the statutory requirement as to date of marriage has
been met.
(c) In determining whether or not a person is or was the spouse of a
veteran, their marriage shall be proven as valid for the purposes of all
laws administered by the Secretary according to the law of the place
where the parties resided at the time of the marriage or the law of the
place where the parties resided when the right to benefits accrued.
(d) The remarriage of the surviving spouse of a veteran shall not bar
the furnishing of benefits to such person as the surviving spouse of the
veteran if the remarriage is void, or has been annulled by a court with
basic authority to render annulment decrees unless the Secretary
determines that the annulment was secured through fraud by either party
or collusion.
(e) The marriage of a child of a veteran shall not bar recognition of
such child as the child of the veteran for benefit purposes if the
marriage is void, or has been annulled by a court with basic authority
to render annulment decrees unless the Secretary determines that the
annulment was secured through fraud by either party or collusion.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 87-674, 2,
Sept. 19, 1962, 76 Stat. 558; Pub. L. 90-77, title I, 101(b), Aug. 31,
1967, 81 Stat. 178; Pub. L. 91-376, 4, Aug. 12, 1970, 84 Stat. 789;
Pub. L. 93-527, 9(a), Dec. 21, 1974, 88 Stat. 1705; Pub. L. 99-576,
title VII, 701(2), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 101-508,
title VIII, 8004(a), Nov. 5, 1990, 104 Stat. 1388-343; Pub. L.
102-83, 4(a)(1), (2)(A)(i), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.
403-405.)
1991 -- Subsec. (a). Pub. L. 102-83, 4(a)(1), (b)(1), (2)(E),
substituted ''administered by the Secretary'' for ''administered by the
Veterans' Administration'' and ''Secretary'' for ''Administrator''.
Subsec. (c). Pub. L. 102-83, 4(a)(1), substituted ''administered by
the Secretary'' for ''administered by the Veterans' Administration''.
Subsecs. (d), (e). Pub. L. 102-83, 4(a)(2)(A)(i), substituted
''Secretary'' for ''Veterans' Administration''.
1990 -- Subsec. (d). Pub. L. 101-508, 8004(a)(1), designated par.
(1) as entire subsec. (d) and struck out pars. (2) and (3) which read
as follows:
''(2) The remarriage of the surviving spouse of a veteran shall not
bar the furnishing of benefits to such person as the surviving spouse of
the veteran if the remarriage has been terminated by death or has been
dissolved by a court with basic authority to render divorce decrees
unless the Veterans' Administration determines that the divorce was
secured through fraud by the surviving spouse or collusion.
''(3) If a surviving spouse ceases living with another person and
holding himself or herself out openly to the public as that person's
spouse, the bar to granting that person benefits as the surviving spouse
of the veteran shall not apply.''
Subsec. (e). Pub. L. 101-508, 8004(a)(2), designated par. (1) as
entire subsec. (e) and struck out par. (2) which read as follows:
''The marriage of a child of a veteran shall not bar the recognition of
such child as the child of the veteran for benefit purposes if the
marriage has been terminated by death or has been dissolved by a court,
with basic authority to render divorce decrees unless the Veterans'
Administration determines that the divorce was secured through fraud by
either party or collusion.''
1986 -- Subsec. (a). Pub. L. 99-576, 701(2)(A), substituted
''person as the widow or widower'' for ''woman as the widow'', ''such
person'' for ''she'', ''the veteran'' for ''him'', ''the veteran's'' for
''his'', and ''legal widow or widower'' for ''legal widow''.
Subsec. (b). Pub. L. 99-576, 701(2)(B), substituted ''surviving
spouse'' for ''widow''.
Subsec. (c). Pub. L. 99-576, 701(2)(C), substituted ''person is or
was the spouse'' for ''woman is or was the wife''.
Subsec. (d)(1). Pub. L. 99-576, 701(2)(D), substituted ''surviving
spouse of a veteran shall not bar the furnishing of benefits to such
person as the surviving spouse'' for ''widow of a veteran shall not bar
the furnishing of benefits to her as the widow''.
Subsec. (d)(2). Pub. L. 99-576, 701(2)(E), substituted ''surviving
spouse'' for ''widow'' wherever appearing, and ''such person'' for
''her''.
Subsec. (d)(3). Pub. L. 99-576, 701(2)(F), substituted ''surviving
spouse'' for ''widow'' wherever appearing, ''person'' for ''man'',
''himself or herself'' for ''herself'', ''that person's spouse'' for
''his wife'', and ''that person'' for ''her''.
1974 -- Subsec. (e). Pub. L. 93-527 designated existing provisions
as par. (1) and added par. (2).
1970 -- Subsec. (d). Pub. L. 91-376 designated existing provisions
as par. (1) and added pars. (2) and (3).
1967 -- Subsec. (a). Pub. L. 90-77 reduced cohabitation period from
five years to one year for purposes of deeming a purported marriage
valid and provided for cohabitation for any period of time if a child
was born of the purported marriage or was born before the marriage.
1962 -- Subsecs. (d), (e). Pub. L. 87-674 added subsecs. (d) and
(e).
Section 8004(b) of Pub. L. 101-508 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply with respect
to claims filed after October 31, 1990, and shall not operate to reduce
or terminate benefits to any individual whose benefits were predicated
on section 103(d)(2), 103(d)(3), or 103(e)(2) before the effective date
of those amendments.''
Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section 10
of Pub. L. 93-527, set out as a note under section 1521 of this title.
Amendment by Pub. L. 91-376 effective Jan. 1, 1971, see section 9
of Pub. L. 91-376, set out as a note under section 1114 of this title.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
Pub. L. 102-568, title I, 103, Oct. 29, 1992, 106 Stat. 4322,
provided that:
''(a) Exception. -- The amendments made by section 8004 of the
Omnibus Budget Reconciliation Act of 1990 (105 Stat. 424) (Pub. L.
101-508, 104 Stat. 1388-343, amending this section) shall not apply to
any case in which a legal proceeding to terminate an existing marital
relationship was commenced before November 1, 1990, by an individual
described in subsection (b) if that proceeding directly resulted in the
termination of such marriage.
''(b) Covered Individuals. -- An individual referred to in subsection
(a) is an individual who, but for the marital relationship referred to
in subsection (a), would be considered to be the surviving spouse of a
veteran.''
Pub. L. 102-86, title V, 502, Aug. 14, 1991, 105 Stat. 424,
provided that: ''The amendments made by section 8004 of the Omnibus
Budget Reconciliation Act of 1990 (Public Law 101-508) (amending this
section) shall not apply with respect to any individual who on October
31, 1990, was a surviving spouse or child within the meaning of title
38, United States Code, unless after that date that individual (1)
marries, or (2) in the case of a surviving spouse, begins to live with
another person while holding himself or herself out openly to the public
as that person's spouse.''
Section 5 of Pub. L. 91-376, effective January 1, 1971, provided
that:
''(a) If a widow terminates a relationship or conduct which resulted
in imposition of a prior restriction on payment of benefits, in the
nature of inference or presumption of remarriage, or relating to open
and notorious adulterous cohabitation or similar conduct, she shall not
be denied any benefits by the Veterans' Administration, other than
insurance, solely because of such prior relationship or conduct.
''(b) The effective date of an award of benefits resulting from
enactment of subsection (a) of this section shall not be earlier than
the date of receipt of application therefor, filed after termination of
the particular relationship or conduct and after December 31, 1970.''
38 USC 104. Approval of educational institutions
TITLE 38 -- VETERANS' BENEFITS
(a) For the purpose of determining whether or not benefits are
payable under this title (except chapter 35 of this title) for a child
over the age of eighteen years and under the age of twenty-three years
who is attending a school, college, academy, seminary, technical
institute, university, or other educational institution, the Secretary
may approve or disapprove such educational institutions.
(b) The Secretary may not approve an educational institution under
this section unless such institution has agreed to report to the
Secretary the termination of attendance of any child. If any
educational institution fails to report any such termination promptly,
the approval of the Secretary shall be withdrawn.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 91-24, 1(c),
June 11, 1969, 83 Stat. 33; Pub. L. 99-576, title VII, 701(3), Oct.
28, 1986, 100 Stat. 3290; Pub. L. 102-83, 4(b)(1), (2)(E), Aug. 6,
1991, 105 Stat. 404, 405.)
1991 -- Pub. L. 102-83 substituted ''Secretary'' for
''Administrator'' wherever appearing.
1986 -- Subsec. (b). Pub. L. 99-576 substituted ''report to the
Administrator'' for ''report to him''.
1969 -- Subsec. (a). Pub. L. 91-24 substituted ''the age of
twenty-three years'' for ''the age of twenty-one years''.
38 USC 105. Line of duty and misconduct
TITLE 38 -- VETERANS' BENEFITS
(a) An injury or disease incurred during active military, naval, or
air service will be deemed to have been incurred in line of duty and not
the result of the veteran's own misconduct when the person on whose
account benefits are claimed was, at the time the injury was suffered or
disease contracted, in active military, naval, or air service, whether
on active duty or on authorized leave, unless such injury or disease was
a result of the person's own willful misconduct or abuse of alcohol or
drugs. Venereal disease shall not be presumed to be due to willful
misconduct if the person in service complies with the regulations of the
appropriate service department requiring the person to report and
receive treatment for such disease.
(b) The requirement for line of duty will not be met if it appears
that at the time the injury was suffered or disease contracted the
person on whose account benefits are claimed (1) was avoiding duty by
deserting the service or by absenting himself or herself without leave
materially interfering with the performance of military duties; (2) was
confined under sentence of court-martial involving an unremitted
dishonorable discharge; or (3) was confined under sentence of a civil
court for a felony (as determined under the laws of the jurisdiction
where the person was convicted by such court).
(c) For the purposes of any provision relating to the extension of a
delimiting period under any education-benefit or rehabilitation program
administered by the Secretary, the disabling effects of chronic
alcoholism shall not be considered to be the result of willful
misconduct.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 99-576, title
VII, 701(4), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 100-689, title I,
109, Nov. 18, 1988, 102 Stat. 4170; Pub. L. 101-508, title VIII,
8052(a)(1), Nov. 5, 1990, 104 Stat. 1388-351; Pub. L. 102-83, 4(a)(1),
Aug. 6, 1991, 105 Stat. 403.)
1991 -- Subsec. (c). Pub. L. 102-83 substituted ''administered by
the Secretary'' for ''administered by the Veterans' Administration''.
1990 -- Subsec. (a). Pub. L. 101-508 substituted ''a result of the
person's own willful misconduct or abuse of alcohol or drugs'' for ''the
result of the person's own willful misconduct''.
1988 -- Subsec. (c). Pub. L. 100-689 added subsec. (c).
1986 -- Subsec. (a). Pub. L. 99-576, 701(4)(A), substituted
''result of the person's'' for ''result of his'' and ''requiring the
person'' for ''requiring him''.
Subsec. (b)(1). Pub. L. 99-576, 701(4)(B), substituted ''service or
by absenting himself or herself'' for ''service, or by absenting
himself''.
Section 8052(b) of Pub. L. 101-508 provided that: ''The amendments
made by subsection (a) (amending this section and sections 310 and 331
(now 1110 and 1131) of this title) shall take effect with respect to
claims filed after October 31, 1990.''
593.
38 USC 106. Certain service deemed to be active service
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Service as a member of the Women's Army Auxiliary Corps for
ninety days or more by any woman who before October 1, 1943, was
honorably discharged for disability incurred or aggravated in line of
duty which rendered her physically unfit to perform further service in
the Women's Army Auxiliary Corps or the Women's Army Corps shall be
considered active duty for the purposes of all laws administered by the
Secretary.
(2) Any person entitled to compensation or pension by reason of this
subsection and to employees' compensation based upon the same service
under subchapter I of chapter 81 of title 5 must elect which benefit she
will receive.
(b) Any person --
(1) who has applied for enlistment or enrollment in the active
military, naval, or air service and has been provisionally accepted and
directed or ordered to report to a place for final acceptance into such
service; or
(2) who has been selected or drafted for service in the Armed Forces
and has reported pursuant to the call of the person's local draft board
and before rejection; or
(3) who has been called into the Federal service as a member of the
National Guard, but has not been enrolled for the Federal service; and
who has suffered an injury or contracted a disease in line of duty
while en route to or from, or at, a place for final acceptance or entry
upon active duty, will, for the purposes of chapters 11, 13, 19, 21, 31,
and 39 of this title, and for purposes of determining service-connection
of a disability under chapter 17 of this title, be considered to have
been on active duty and to have incurred such disability in the active
military, naval, or air service.
(c) For the purposes of this title, an individual discharged or
released from a period of active duty shall be deemed to have continued
on active duty during the period of time immediately following the date
of such discharge or release from such duty determined by the Secretary
concerned to have been required for that individual to proceed to that
individual's home by the most direct route, and in any event that
individual shall be deemed to have continued on active duty until
midnight of the date of such discharge or release.
(d) For the purposes of this title, any individual --
(1) who, when authorized or required by competent authority, assumes
an obligation to perform active duty for training or inactive duty
training; and
(2) who is disabled or dies from an injury incurred while proceeding
directly to or returning directly from such active duty for training or
inactive duty training, as the case may be;
shall be deemed to have been on active duty for training or inactive
duty training, as the case may be, at the time such injury was incurred.
In determining whether or not such individual was so authorized or
required to perform such duty, and whether or not such individual was
disabled or died from injury so incurred, the Secretary shall take into
account the hour on which such individual began so to proceed or to
return; the hour on which such individual was scheduled to arrive for,
or on which such individual ceased to perform, such duty; the method of
travel employed; the itinerary; the manner in which the travel was
performed; and the immediate cause of disability or death. Whenever
any claim is filed alleging that the claimant is entitled to benefits by
reason of this subsection, the burden of proof shall be on the claimant.
(e) Each person who has incurred a disability as a result of an
injury or disease described in subsection (b) shall be entitled to the
same rights, privileges, and benefits under title 5 as a preference
eligible described in section 2108(3)(C) of title 5.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 87-102, 1,
July 21, 1961, 75 Stat. 219; Pub. L. 88-616, Oct. 2, 1964, 78 Stat.
994; Pub. L. 89-311, 5, Oct. 31, 1965, 79 Stat. 1156; Pub. L.
97-295, 4(3), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99-576, title VII,
701(5), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102-83, 4(a)(1),
(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405.)
1991 -- Subsec. (a)(1). Pub. L. 102-83, 4(a)(1), substituted
''administered by the Secretary'' for ''administered by the Veterans'
Administration''.
Subsec. (d). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in concluding provisions.
1986 -- Subsec. (b)(2). Pub. L. 99-576, 701(5)(A), substituted
''the person's'' for ''his''.
Subsec. (c). Pub. L. 99-576, 701(5)(B), substituted ''required for
that individual'' for ''required for him'', ''proceed to that
individual's home'' for ''proceed to his home'', and ''in any event that
individual'' for ''in any event he''.
Subsec. (d). Pub. L. 99-576, 701(5)(C), struck out ''by him'' after
''injury incurred'' in cl. (2), and in closing provisions, substituted
''such individual was disabled'' for ''he was disabled'', ''on which
such individual began'' for ''on which he began'', ''such individual was
scheduled'' for ''he was scheduled'', ''such individual ceased'' for
''he ceased'', and ''the itinerary'' for ''his itinerary''.
1982 -- Subsec. (a)(2). Pub. L. 97-295, 4(3)(A), substituted
''subchapter I of chapter 81 of title 5'' for ''the Federal Employees'
Compensation Act''.
Subsec. (e). Pub. L. 97-295, 4(3)(B), substituted ''title 5 as a
preference eligible described in section 2108(3)(C) of title 5'' for
''the Act of June 27, 1944, (58 Stat. 387-391), as a person described in
section 2(1) of such Act''.
1965 -- Subsec. (e). Pub. L. 89-311 added subsec. (e).
1964 -- Subsec. (d)(2). Pub. L. 88-616 struck out ''after December
31, 1956,'' after ''injury incurred''.
1961 -- Subsec. (c). Pub. L. 87-102 extended provisions for benefits
based on limited periods immediately following discharge from active
duty after December 31, 1956 to veterans discharged before such date.
Section 2 of Pub. L. 87-102 provided that: ''No monetary benefits
shall accrue by reason of the amendments made by this Act (amending this
section) for any period prior to the date of enactment (July 21,
1961).''
Pub. L. 95-202, title IV, 401, Nov. 23, 1977, 91 Stat. 1449, as
amended by Pub. L. 96-466, title VIII, 801(m)(3), Oct. 17, 1980, 94
Stat. 2217; Pub. L. 98-94, title XII, 1263(a), Sept. 24, 1983, 97
Stat. 703; Pub. L. 102-83, 6(b), Aug. 6, 1991, 105 Stat. 407,
provided that:
''(a)(1) Notwithstanding any other provision of law, the service of
any person as a member of the Women's Air Forces Service Pilots (a group
of Federal civilian employees attached to the United States Army Air
Force during World War II), or the service of any person in any other
similarly situated group the members of which rendered service to the
Armed Forces of the United States in a capacity considered civilian
employment or contractual service at the time such service was rendered,
shall be considered active duty for the purposes of all laws
administered by the Secretary of Veterans Affairs if the Secretary of
Defense, pursuant to regulations which the Secretary shall prescribe --
''(A) after a full review of the historical records and all other
available evidence pertaining to the service of any such group,
determines, on the basis of judicial and other appropriate precedent,
that the service of such group constituted active military service, and
''(B) in the case of any such group with respect to which such
Secretary has made an affirmative determination that the service of such
group constituted active military service, issues to each member of such
group a discharge from such service under honorable conditions where the
nature and duration of the service of such member so warrants.
Discharges issued pursuant to the provisions of the first sentence of
this paragraph shall designate as the date of discharge that date, as
determined by the Secretary of Defense, on which such service by the
person concerned was terminated.
''(2) In making a determination under clause (A) of paragraph (1) of
this subsection with respect to any group described in such paragraph,
the Secretary of Defense may take into consideration the extent to which
--
''(A) such group received military training and acquired a military
capability or the service performed by such group was critical to the
success of a military mission,
''(B) the members of such group were subject to military justice,
discipline, and control,
''(C) the members of such group were permitted to resign,
''(D) the members of such group were susceptible to assignment for
duty in a combat zone, and
''(E) the members of such group had reasonable expectations that
their service would be considered to be active military service.
''(b)(1) No benefits shall be paid to any person for any period prior
to the date of enactment of this title (Nov. 23, 1977) as a result of
the enactment of subsection (a) of this section.
''(2) The provisions of section 106(a)(2) of title 38, United States
Code, relating to election of benefits, shall be applicable to persons
made eligible for benefits, under laws administered by the Secretary of
Veterans Affairs, as a result of implementation of the provisions of
subsection (a) of this section.
''(c) Under regulations prescribed by the Secretary of Defense, any
person who is issued a discharge under honorable conditions pursuant to
the implementation of subsection (a) of this section may be awarded any
campaign or service medal warranted by such person's service.''
(Section 1263(b) of Pub. L. 98-94 provided that: ''The amendment
made by subsection (a) (enacting subsec. (c) set out above) shall apply
to all persons issued discharges under honorable conditions pursuant to
section 401 of the GI Bill Improvements Act of 1977 (Pub. L. 95-202,
set out above) whether such discharges are awarded before, on, or after
the date of the enactment of this Act (Sept. 24, 1983).'')
(Amendment of subsec. (a)(1)(B), set out above, by Pub. L. 96-466,
effective Oct. 1, 1980, see section 802(h) of Pub. L. 96-466, set out as
an Effective Date of 1980 Amendment note under section 3452 of this
title.)
38 USC 107. Certain service deemed not to be active service
TITLE 38 -- VETERANS' BENEFITS
(a) Service before July 1, 1946, in the organized military forces of
the Government of the Commonwealth of the Philippines, while such forces
were in the service of the Armed Forces of the United States pursuant to
the military order of the President dated July 26, 1941, including among
such military forces organized guerrilla forces under commanders
appointed, designated, or subsequently recognized by the Commander in
Chief, Southwest Pacific Area, or other competent authority in the Army
of the United States, shall not be deemed to have been active military,
naval, or air service for the purposes of any law of the United States
conferring rights, privileges, or benefits upon any person by reason of
the service of such person or the service of any other person in the
Armed Forces, except benefits under --
(1) contracts of National Service Life Insurance entered into before
February 18, 1946;
(2) chapter 10 of title 37; and
(3) chapters 11, 13 (except section 1312(a)), and 23 of this title.
Payments under such chapters shall be made at a rate in pesos as is
equivalent to $0.50 for each dollar authorized, and where annual income
is a factor in entitlement to benefits, the dollar limitations in the
law specifying such annual income shall apply at a rate in Philippine
pesos as is equivalent to $0.50 for each dollar. Any payments made
before February 18, 1946, to any such member under such laws conferring
rights, benefits, or privileges shall not be deemed to have been invalid
by reason of the circumstance that such member's service was not service
in the Armed Forces or any component thereof within the meaning of any
such law.
(b) Service in the Philippine Scouts under section 14 of the Armed
Forces Voluntary Recruitment Act of 1945 shall not be deemed to have
been active military, naval, or air service for the purposes of any of
the laws administered by the Secretary except --
(1) with respect to contracts of National Service Life Insurance
entered into (A) before May 27, 1946, (B) under section 620 or 621 of
the National Service Life Insurance Act of 1940, or (C) under section
1922 of this title; and
(2) chapters 11 and 13 (except section 1312(a)) of this title.
Payments under such chapters shall be made at a rate in pesos as is
equivalent to $0.50 for each dollar authorized, and where annual income
is a factor in entitlement to benefits, the dollar limitations in the
law specifying such annual income shall apply at a rate in Philippine
pesos as is equivalent to $0.50 for each dollar.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1111; Pub. L. 87-268,
1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 89-641, 2(a), Oct. 11,
1966, 80 Stat. 885; Pub. L. 97-295, 4(4), Oct. 12, 1982, 96 Stat.
1305; Pub. L. 99-576, title VII, 701(6), Oct. 28, 1986, 100 Stat.
3291; Pub. L. 102-83, 4(a)(1), 5(c)(1), Aug. 6, 1991, 105 Stat. 403,
406.)
Section 14 of the Armed Forces Voluntary Recruitment Act of 1945,
referred to in subsec. (b), is section 14 of act Oct. 6, 1945, ch.
393, 59 Stat. 543, which enacted section 637 of former Title 10, Army
and Air Force, and was omitted from the Code in the revision and
reenactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041,
70A Stat. 1.
Sections 620 and 621 of the National Service Life Insurance Act of
1940, referred to in subsec. (b)(1), are sections 620 and 621 of act
Oct. 8, 1940, ch. 757, title VI, pt. I, as added Apr. 25, 1951, ch.
39, pt. II, 10, 65 Stat. 36, which enacted sections 820 and 821 of
former Title 38, Pensions, Bonuses, and Veterans' Relief, which were
repealed and the provisions thereof reenacted as sections 722(a) and 723
(now 1922(a) and 1923) of this title by Pub. L. 85-857, Sept. 2, 1958,
72 Stat. 1105.
1991 -- Subsec. (a)(3). Pub. L. 102-83, 5(c)(1), substituted
''1312(a)'' for ''412(a)''.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''1922'' for
''722'' in par. (1)(C) and ''1312(a)'' for ''412(a)'' in par. (2).
Pub. L. 102-83, 4(a)(1), substituted ''administered by the
Secretary'' for ''administered by the Veterans' Administration''.
1986 -- Subsec. (a). Pub. L. 99-576 substituted ''that such
member's'' for ''that his'' in last sentence.
1982 -- Subsec. (a)(2). Pub. L. 97-295 substituted ''chapter 10 of
title 37'' for ''the Missing Persons Act''.
1966 -- Pub. L. 89-641 increased the specified dollar/peso rate for
payments from one peso for each dollar otherwise authorized to a rate in
Philippine pesos equivalent to $0.50 for each dollar.
1961 -- Pub. L. 87-268 substituted ''section 412(a)'' for ''sections
412'' wherever appearing.
Section 2(b) of Pub. L. 89-641 provided that: ''The amendments made
by subsection (a) of this section (amending this section) shall take
effect on the first day of the second calendar month which begins after
the date of enactment of this Act (Oct. 11, 1966).''
Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3
of Pub. L. 87-268, set out as a note under section 1312 of this title.
Section 1 of Pub. L. 89-641 provided for refund of erroneously
deducted insurance premiums to Philippine armed forces members in
service of the United States Armed Forces, such refund to be made upon
receipt of an application within two years after Oct. 11, 1966. In
event of death of such member, refund was to be made only to widow or
widower, children or parents of such member, in that order, with no
refunds to heirs or legal representatives.
38 USC 108. Seven-year absence presumption of death
TITLE 38 -- VETERANS' BENEFITS
(a) No State law providing for presumption of death shall be
applicable to claims for benefits under laws administered by the
Secretary.
(b) If evidence satisfactory to the Secretary is submitted
establishing the continued and unexplained absence of any individual
from that individual's home and family for seven or more years, and
establishing that after diligent search no evidence of that individual's
existence after the date of disappearance has been found or received,
the death of such individual as of the date of the expiration of such
period shall be considered as sufficiently proved.
(c) Except in a suit brought pursuant to section 1984 of this title,
the finding of death made by the Secretary shall be final and
conclusive.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 99-576, title
VII, 701(7), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102-83, 4(a)(1),
(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403-406.)
1991 -- Subsec. (a). Pub. L. 102-83, 4(a)(1), substituted
''administered by the Secretary'' for ''administered by the Veterans'
Administration''.
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''1984'' for
''784''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
1986 -- Subsec. (b). Pub. L. 99-576 substituted ''that
individual's'' for ''his'' in two places.
38 USC 109. Benefits for discharged members of allied forces
TITLE 38 -- VETERANS' BENEFITS
(a)(1) In consideration of reciprocal services extended to the United
States, the Secretary, upon request of the proper officials of the
government of any nation allied or associated with the United States in
World War I (except any nation which was an enemy of the United States
during World War II), or in World War II, may furnish to discharged
members of the armed forces of such government, under agreements
requiring reimbursement in cash of expenses so incurred, at such rates
and under such regulations as the Secretary may prescribe, medical,
surgical, and dental treatment, hospital care, transportation and
traveling expenses, prosthetic appliances, education, training, or
similar benefits authorized by the laws of such nation for its veterans,
and services required in extending such benefits. Hospitalization in a
Department facility shall not be afforded under this section, except in
emergencies, unless there are available beds surplus to the needs of
veterans of this country. The Secretary may also pay the court costs
and other expenses incident to the proceedings taken for the commitment
of such discharged members who are mentally incompetent to institutions
for the care or treatment of the insane.
(2) The Secretary, in carrying out the provisions of this subsection,
may contract for necessary services in private, State, and other
Government hospitals.
(3) All amounts received by the Department as reimbursement for such
services shall be credited to the current appropriation of the
Department from which expenditures were made under this subsection.
(b) Persons who served in the active service in the armed forces of
any government allied with the United States in World War II and who at
time of entrance into such active service were citizens of the United
States shall, by virtue of such service, and if otherwise qualified, be
entitled to the benefits of chapters 31 and 37 of this title in the same
manner and to the same extent as veterans of World War II are entitled.
No such benefit shall be extended to any person who is not a resident of
the United States at the time of filing claim, or to any person who has
applied for and received the same or any similar benefit from the
government in whose armed forces such person served.
(c)(1) Any person who served during World War I or World War II as a
member of any armed force of the Government of Czechoslovakia or Poland
and participated while so serving in armed conflict with an enemy of the
United States and has been a citizen of the United States for at least
ten years shall, by virtue of such service, and upon satisfactory
evidence thereof, be entitled to hospital and domiciliary care and
medical services within the United States under chapter 17 of this title
to the same extent as if such service had been performed in the Armed
Forces of the United States unless such person is entitled to, or would,
upon application thereof, be entitled to, payment for equivalent care
and services under a program established by the foreign government
concerned for persons who served in its armed forces in World War I or
World War II.
(2) In order to assist the Secretary in making a determination of
proper service eligibility under this subsection, each applicant for the
benefits thereof shall furnish an authenticated certification from the
French Ministry of Defense or the British War Office as to records in
either such Office which clearly indicate military service of the
applicant in the Czechoslovakian or Polish armed forces and subsequent
service in or with the armed forces of France or Great Britain during
the period of World War I or World War II.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 94-491, Oct.
14, 1976, 90 Stat. 2363; Pub. L. 99-576, title VII, 701(8), Oct. 28,
1986, 100 Stat. 3291; Pub. L. 102-83, 4(a)(3), (4), (b)(1), (2)(E),
Aug. 6, 1991, 105 Stat. 404, 405.)
1991 -- Subsec. (a)(1). Pub. L. 102-83, 4(b)(1), (2)(E),
substituted ''Secretary'' for ''Administrator'' wherever appearing.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Subsec. (a)(2). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Subsec. (a)(3). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration'' in two places.
Subsec. (c)(2). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1986 -- Subsec. (b). Pub. L. 99-576 substituted ''such person'' for
''he''.
1976 -- Subsec. (c). Pub. L. 94-491 added subsec. (c).
38 USC 110. Preservation of disability ratings
TITLE 38 -- VETERANS' BENEFITS
A rating of total disability or permanent total disability which has
been made for compensation, pension, or insurance purposes under laws
administered by the Secretary, and which has been continuously in force
for twenty or more years, shall not be reduced thereafter, except upon a
showing that such rating was based on fraud. A disability which has
been continuously rated at or above evaluation for twenty or more years
for compensation purposes under laws administered by the Secretary shall
not thereafter be rated at less than such evaluation, except upon a
showing that such rating was based on fraud. The mentioned period shall
be computed from the date determined by the Secretary as the date on
which the status commenced for rating purposes.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 87-825, 6,
Oct. 15, 1962, 76 Stat. 950; Pub. L. 88-445, 1(a), (b), Aug. 19, 1964,
78 Stat. 464; Pub. L. 91-32, June 23, 1969, 83 Stat. 38; Pub. L.
102-83, 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405.)
1991 -- Pub. L. 102-83 substituted ''Secretary'' for
''Administrator'' and substituted ''administered by the Secretary'' for
''administered by the Veterans' Administration'' in two places.
1969 -- Pub. L. 91-32 substituted ''evaluation'' for ''percentage''
wherever appearing.
1964 -- Pub. L. 88-445 substituted ''Preservation of disability
ratings'' for ''Preservation of total disability ratings'' in section
catchline, and inserted sentence directing that a disability which has
been continuously rated at or above any percentage for twenty or more
years for compensation purposes shall not thereafter be rated at less
than such percentage, except upon a showing that such rating was based
on fraud.
1962 -- Pub. L. 87-825 provided for computation of the period from
the date the Administrator determines as the date the status commenced
for rating purposes.
Section 1 of Pub. L. 91-32 provided that the amendment made by that
section is effective Aug. 19, 1964.
Section 7 of Pub. L. 87-825 provided that: ''This Act (see Tables
for classification) shall take effect on the first day of the second
calendar month which begins after the date of enactment of this Act
(Oct. 15, 1962), but no payments shall be made by reason of this Act for
any period before such effective date. Payments for any period before
such effective date shall be made under prior laws and regulations. The
provisions of this Act with respect to reductions and discontinuances
shall be applicable only where the event requiring such reduction or
discontinuance occurs on or after such effective date. If such event
occurred before such effective date, action shall be taken pursuant to
the prior laws and regulations.''
38 USC 111. Payments or allowances for beneficiary travel
TITLE 38 -- VETERANS' BENEFITS
(a) Under regulations prescribed by the President pursuant to the
provisions of this section, the Secretary may pay the actual necessary
expense of travel (including lodging and subsistence), or in lieu
thereof an allowance based upon mileage traveled, of any person to or
from a Department facility or other place in connection with vocational
rehabilitation, counseling required by the Secretary pursuant to chapter
34 or 35 of this title, or for the purpose of examination, treatment, or
care. In addition to the mileage allowance authorized by this section,
there may be allowed reimbursement for the actual cost of ferry fares,
and bridge, road, and tunnel tolls.
(b)(1) Except as provided in subsection (c) of this section and
notwithstanding subsection (g)(2)(A) of this section or any other
provision of law, if, with respect to any fiscal year, the Secretary
exercises the authority under this section to make any payments, the
Secretary shall make the payments provided for in this section to or for
the following persons for travel during such fiscal year for
examination, treatment, or care for which the person is eligible:
(A) A veteran or other person whose travel is in connection with
treatment or care for a service-connected disability.
(B) A veteran with a service-connected disability rated at 30 percent
or more.
(C) A veteran receiving pension under section 1521 of this title.
(D) A veteran (i) whose annual income (as determined under section
1503 of this title) does not exceed the maximum annual rate of pension
which would be payable to such veteran if such veteran were eligible for
pension under section 1521 of this title, or (ii) who is determined,
under regulations prescribed by the Secretary, to be unable to defray
the expenses of the travel for which payment under this section is
claimed.
(E) Subject to paragraph (3) of this subsection, a veteran or other
person whose travel to or from a Department facility is medically
required to be performed by a special mode of travel and who is
determined under such regulations to be unable to defray the expenses of
the travel for which payment under this section is claimed.
(F) A veteran whose travel to a Department facility is incident to a
scheduled compensation and pension examination.
(2) The Secretary may make payments provided for in this section to
or for any person not covered by paragraph (1) of this subsection for
travel by such person for examination, treatment, or care. Such
payments shall be made in accordance with regulations which the
Secretary shall prescribe.
(3)(A) Except as provided in subparagraph (B) of this paragraph, the
Secretary shall not make payments under this section for travel
performed by a special mode of travel unless (i) the travel by such mode
is medically required and is authorized by the Secretary before the
travel begins, or (ii) the travel by such mode is in connection with a
medical emergency of such a nature that the delay incident to obtaining
authorization from the Secretary to use that mode of travel would have
been hazardous to the person's life or health.
(B) In the case of travel by a person to or from the Department
facility by special mode of travel, the Secretary may provide payment
under this section to the provider of the transportation by special mode
before determining the eligibility of such person for such payment if
the Secretary determines that providing such payment is in the best
interest of furnishing care and services. Such a payment shall be made
subject to subsequently recovering from such person the amount of the
payment if such person is determined to have been ineligible for payment
for such travel.
(c)(1) Except as otherwise provided in this subsection, the
Secretary, in making a payment under this section to or for a person
described in subparagraph (A), (B), (C), or (D) of subsection (b)(1) of
this section for travel for examination, treatment, or care, shall
deduct from the amount otherwise payable an amount equal to $3 for each
one-way trip.
(2) In the case of a person who is determined by the Secretary to be
a person who is required to make six or more one-way trips for needed
examination, treatment, or care during the remainder of the calendar
month in which the determination is made or during any subsequent
calendar month during the one-year period following the last day of the
month in which the determination is made, the amount deducted by the
Secretary pursuant to paragraph (1) of this subsection from payments for
trips made to or from such facility during any such month shall not,
except as provided in paragraph (5) of this subsection, exceed $18.
(3) No deduction shall be made pursuant to paragraph (1) of this
subsection in the case of a person whose travel to or from a Department
facility is performed by a special mode of travel for which payment
under this section is authorized under subsection (b)(3) of this
section.
(4) The Secretary may waive the deduction requirement of paragraph
(1) of this subsection in the case of the travel of any veteran for whom
the imposition of the deduction would cause severe financial hardship.
The Secretary shall prescribe in regulations the conditions under which
a finding of severe financial hardship is warranted for purposes of this
paragraph.
(5) Whenever the Secretary increases or decreases the rates of
allowances or reimbursement to be paid under this section, the Secretary
shall, effective on the date on which such increase or decrease takes
effect, adjust proportionately the dollar amounts specified in
paragraphs (1) and (2) of this subsection as such amounts may have been
increased or decreased pursuant to this paragraph before such date.
(d) Payment of the following expenses or allowances in connection
with vocational rehabilitation, counseling, or upon termination of
examination, treatment, or care, may be made before the completion of
travel:
(1) The mileage allowance authorized by subsection (a) of this
section.
(2) Actual local travel expenses.
(3) The expense of hiring an automobile or ambulance, or the fee
authorized for the services of a nonemployee attendant.
(e) When any person entitled to mileage under this section requires
an attendant (other than an employee of the Department) in order to
perform such travel, the attendant may be allowed expenses of travel
upon the same basis as such person.
(f) The Secretary may provide for the purchase of printed
reduced-fare requests for use by veterans and their authorized
attendants when traveling at their own expense to or from any Department
facility.
(g)(1) In carrying out the purposes of this section, the Secretary,
in consultation with the Administrator of General Services, the
Secretary of Transportation, the Comptroller General of the United
States, and representatives of organizations of veterans, shall conduct
periodic investigations of the actual cost of travel (including lodging
and subsistence) to beneficiaries while traveling to or from a
Department facility or other place pursuant to the provisions of this
section, and the estimated cost of alternative modes of travel,
including public transportation and the operation of privately owned
vehicles. The Secretary shall conduct such investigations immediately
following any alteration in the rates described in paragraph (3)(C) of
this subsection, and, in any event, immediately following the enactment
of this subsection and not less often than annually thereafter, and
based thereon, shall determine rates of allowances or reimbursement to
be paid under this section.
(2) In no event shall payment be provided under this section --
(A) unless the person claiming reimbursement has been determined,
pursuant to regulations which the Secretary shall prescribe, to be
unable to defray the expenses of such travel (except with respect to a
person receiving benefits for or in connection with a service-connected
disability under this title, a veteran receiving or eligible to receive
pension under section 1521 of this title, or a person whose annual
income, determined in accordance with section 1503 of this title, does
not exceed the maximum annual rate of pension which would be payable to
such person if such person were eligible for pension under section 1521
of this title);
(B) to reimburse for the cost of travel by privately owned vehicle in
any amount in excess of the cost of such travel by public transportation
unless (i) public transportation is not reasonably accessible or would
be medically inadvisable, or (ii) the cost of such travel is not greater
than the cost of public transportation; and
(C) in excess of the actual expense incurred by such person as
certified in writing by such person.
(3) In conducting investigations and determining rates under this
section, the Secretary shall review and analyze, among other factors,
the following factors:
(A)(i) Depreciation of original vehicle costs;
(ii) gasoline and oil costs;
(iii) maintenance, accessories, parts, and tire costs;
(iv) insurance costs; and
(v) State and Federal taxes.
(B) The availability of and time required for public transportation.
(C) The per diem rates, mileage allowances, and expenses of travel
authorized under sections 5702 and 5704 of title 5 for employees of the
United States.
(4) Before determining rates or adjusting amounts under this section
and not later than sixty days after any alteration in the rates
described in paragraph (3)(C) of this subsection, the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report containing the rates and amounts
the Secretary proposes to establish or continue with a full
justification therefor in terms of each of the limitations and factors
set forth in this section.
(h) The Secretary, in consultation and coordination with the
Secretary of Transportation and appropriate representatives of veterans'
service organizations, shall take all appropriate steps to facilitate
the establishment and maintenance of a program under which such
organizations, or individuals who are volunteering their services to the
Department, would take responsibility for the transportation, without
reimbursement from the Department, to Department facilities of veterans
(primarily those residing in areas which are geographically accessible
to such facilities) who seek services or benefits from the Department
under chapter 17 or other provisions of this title.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 86-590, July
5, 1960, 74 Stat. 329; Pub. L. 89-358, 4(g), Mar. 3, 1966, 80 Stat.
24; Pub. L. 89-455, June 18, 1966, 80 Stat. 208; Pub. L. 94-581,
title I, 101, Oct. 21, 1976, 90 Stat. 2842; Pub. L. 96-151, title II,
201(a), Dec. 20, 1979, 93 Stat. 1093; Pub. L. 97-295, 4(5), Oct. 12,
1982, 96 Stat. 1305; Pub. L. 100-322, title I, 108(a), (b)(1),
(c)-(e)(1), May 20, 1988, 102 Stat. 496-498; Pub. L. 102-83,
4(a)(3), (4), (6), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat.
404-406.)
1991 -- Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (b)(1)(C), (D). Pub. L. 102-83, 5(c)(1), substituted
''1521'' for ''521'' in subpar. (C) and ''1503'' for ''503'' and
''1521'' for ''521'' in subpar. (D).
Subsec. (b)(1)(E), (F). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration''.
Subsec. (b)(3)(B). Pub. L. 102-83, 4(a)(6), substituted ''Department
facility'' for ''Veteran's Administration facility''.
Subsec. (c)(1), (2). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (c)(3). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration''.
Subsec. (c)(4), (5). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (e). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration''.
Subsec. (f). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Subsec. (g)(1). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for first and third references to ''Administrator''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Subsec. (g)(2)(A). Pub. L. 102-83, 5(c)(1), substituted ''1521'' for
''521'' in two places and ''1503'' for ''503''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Subsec. (g)(3), (4). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (h). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for first reference to ''Administrator''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' wherever appearing.
1988 -- Pub. L. 100-322, 108(e)(1), substituted ''Payments or
allowances for beneficiary travel'' for ''Travel expenses'' in section
catchline.
Subsecs. (b), (c). Pub. L. 100-322, 108(a)(2), added subsecs. (b)
and (c). Former subsecs. (b) and (c) redesignated (d) and (e),
respectively.
Subsec. (d). Pub. L. 100-322, 108(a)(1), (d), redesignated subsec.
(b) as (d), and in par. (1) substituted ''The mileage'' for ''the
mileage'' and ''of this section.'' for ''hereof;'', in par. (2)
substituted ''Actual'' for ''actual'' and a period for a semicolon, and
in par. (3) substituted ''The expense'' for ''the expense''. Former
subsec. (d) redesignated (f).
Subsecs. (e), (f). Pub. L. 100-322, 108(a)(1), redesignated
subsecs. (c) and (d) as (e) and (f), respectively. Former subsec. (e)
redesignated (g).
Subsec. (g). Pub. L. 100-322, 108(a)(1), (c), redesignated subsec.
(e) as (g), and in par. (4) substituted ''Before determining rates or
adjusting amounts'' for ''Before determining rates'' and ''containing
the rates and amounts'' for ''containing the rates''.
Subsec. (h). Pub. L. 100-322, 108(b)(1), added subsec. (h).
1982 -- Subsec. (e)(4). Pub. L. 97-295 substituted ''and'' for '',
and not later than sixty days after the effective date of this
subsection, and thereafter'' after ''under this section''.
1979 -- Subsec. (e)(2)(A). Pub. L. 96-151 substituted provisions
respecting determinations pursuant to regulations prescribed by the
Administrator, subject to applicable exceptions, for provisions
respecting determinations based on annual declarations and
certifications by persons claiming reimbursements, subject to applicable
exceptions.
1976 -- Subsec. (a). Pub. L. 94-581, 101(1), inserted ''pursuant to
the provisions of this section'' after ''President''.
Subsec. (e). Pub. L. 94-581, 101(2), added subsec. (e).
1966 -- Subsec. (a). Pub. L. 89-358 substituted reference to chapter
34 for 33.
Subsec. (b). Pub. L. 89-455 authorized the prepayment of actual local
travel expenses and the expense of hiring an automobile or ambulance, or
the fee authorized for the services of a nonemployee attendant.
1960 -- Subsec. (a). Pub. L. 86-590 allowed reimbursement for actual
cost of ferry fares, and bridge, road, and tunnel tolls.
Section 108(g) of Pub. L. 100-322 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect with
respect to travel performed after June 30, 1988.''
Section 206 of title II of Pub. L. 96-151 provided that: ''Except
as otherwise provided in section 205(b), the amendments made by this
title (amending this section and sections 601, 614, and 628 (now 1701,
1714, and 1728) of this title) shall take effect on January 1, 1980.''
Section 211 of Pub. L. 94-581 provided that: ''Except as otherwise
provided in this Act, the amendments made by this Act (see Tables for
classification) to title 38, United States Code, shall take effect on
October 1, 1976, or on the date of enactment (Oct. 21, 1976), whichever
is later.''
Section 108(f) of Pub. L. 100-322 provided that: ''In determining
for the purposes of subsection (b)(1) of section 111 of title 38, United
States Code, as amended by subsection (a), whether during fiscal year
1988 the Administrator has exercised the authority under that section to
make payments there shall be disregarded any exercise of authority under
that section before the date of the enactment of this Act (May 20,
1988).''
Pub. L. 98-160, title I, 108, Nov. 21, 1983, 97 Stat. 999,
provided that promulgation of guidelines pending issuance of regulations
covering the travel of beneficiaries during an interim period beginning
Jan. 1, 1984, and directed that a report be made to Congress not later
than Apr. 1, 1984, regarding travel payments.
Pub. L. 96-330, title IV, 406, Aug. 26, 1980, 94 Stat. 1052,
provided that: ''No provision of law enacted after the date of the
enactment of this Act (Aug. 26, 1980) which imposes any restriction or
limitation on the availability of funds for the travel and
transportation of officers and employees of the executive branch of the
Government and their dependents, or on the transportation of things of
such officers and employees and their dependents, shall be applicable to
the travel of eligible veterans, dependents, or survivors, for which
reimbursement is authorized under title 38, United States Code, pursuant
to the terms and conditions of section 111 of such title, unless such
provision is expressly made applicable to the travel of such veterans,
dependents, or survivors.''
Ex. Ord. No. 10810, Apr. 22, 1959, 24 F.R. 3179, as amended by Ex.
Ord. No. 10881, July 6, 1960, 25 F.R. 6414, which prescribed regulations
governing allowances, was superseded by Ex. Ord. No. 11142, Feb. 12,
1964, 29 F.R. 2479.
Ex. Ord. No. 11142, Feb. 12, 1964, 29 F.R. 2479, which prescribed
regulations governing allowances, was superseded by Ex. Ord. No.
11302, Sept. 6, 1966, 31 F.R. 11741, set out below.
Ex. Ord. No. 11302, Sept. 6, 1966, 31 F.R. 11741, as amended Ex.
Ord. No. 11429, Sept. 9, 1968, 33 F.R. 12817; Ex. Ord. No. 11609, July
22, 1971, 36 F.R. 13747, provided:
By virtue of the authority vested in me by Section 111 of Title 38 of
the United States Code, as amended by the Act of June 18, 1966 (Public
Law 89-455), it is hereby ordered as follows:
Section 1. The Administrator of Veterans' Affairs may authorize or
approve the payment of the actual necessary expenses of travel,
including lodging and subsistence, of any claimant or beneficiary of the
Veterans' Administration traveling to or from a Veterans' Administration
facility, or other place, in connection with vocational rehabilitation
or counseling, or for the purpose of examination, treatment, or care.
The Administrator may authorize or approve such payment to the claimant
or beneficiary, or, in his discretion, to the person who or the
organization which has actually paid the expenses of such travel,
including lodging and subsistence.
Sec. 2. The Administrator of Veterans' Affairs may authorize or
approve in lieu of actual necessary expenses of travel, including
lodging and subsistence, payment of an allowance, in such amount per
mile as the Administrator shall from time to time fix pursuant to 38
U.S.C. 111 as affected by this order, to any claimant or beneficiary of
the Veterans' Administration traveling to or from a Veterans'
Administration facility, or other place, in connection with vocational
rehabilitation or counseling, or for the purpose of examination,
treatment, or care. In addition to such mileage allowance, the
Administrator may allow reimbursement for the actual cost of ferry
fares, and bridge, road, and tunnel tolls. In his discretion, the
Administrator may authorize or approve such payment and such
reimbursement to the person who or the organization which has actually
paid the expenses of such travel, including lodging and subsistence.
Sec. 3. Whenever a claimant or beneficiary requires an attendant
other than an employee of the Veterans' Administration for the
performance of travel specified in Section 1 and 2 hereof, the travel
expenses of such attendant may be allowed in the same manner and to the
same extent that travel expenses are allowed to such claimant or
beneficiary.
Sec. 4. Payment of the following expenses or allowances in connection
with vocational rehabilitation, counseling, or upon termination of
examination, treatment, or care, may be made before the completion of
travel:
a. The mileage allowance and fare and tolls authorized by Section 2
hereof.
b. Actual local travel expenses.
c. The expense of hiring an automobile or ambulance, or the fee
authorized for services of a non-employee attendant.
Sec. 5. The Administrator of Veterans' Affairs may prescribe such
rules and regulations not inconsistent herewith as may be necessary to
effectuate the provisions of this order.
Sec. 6. Executive Order No. 11142 of February 12, 1964, is hereby
superseded.
38 USC 112. Presidential memorial certificate program
TITLE 38 -- VETERANS' BENEFITS
(a) At the request of the President the Secretary may conduct a
program for honoring the memory of deceased veterans, discharged under
honorable conditions, by preparing and sending to eligible recipients a
certificate bearing the signature of the President and expressing the
country's grateful recognition of the veteran's service in the Armed
Forces. The award of a certificate to one eligible recipient will not
preclude authorization of another certificate if a request is received
from some other eligible recipient.
(b) For the purpose of this section an ''eligible recipient'' means
the next of kin, a relative or friend upon request, or an authorized
service representative acting on behalf of such relative or friend.
(Added Pub. L. 89-88, 1(a), July 24, 1965, 79 Stat. 264; amended
Pub. L. 102-83, 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
1991 -- Subsec. (a). Pub. L. 102-83 substituted ''Secretary'' for
''Administrator''.
38 USC 113. Treatment of certain programs under sequestration
procedures
TITLE 38 -- VETERANS' BENEFITS
(a) The following programs shall be exempt from sequestration or
reduction under part C of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration
law and shall not be included in any report specifying reductions in
Federal spending:
(1) Benefits under chapter 21 of this title, relating to specially
adapted housing and mortgage-protection life insurance for certain
veterans with service-connected disabilities.
(2) Benefits under section 2307 of this title, relating to burial
benefits for veterans who die as the result of a service-connected
disability.
(3) Benefits under chapter 39 of this title, relating to automobiles
and adaptive equipment for certain disabled veterans and members of the
Armed Forces.
(4) Assistance and services under chapter 31 of this title, relating
to training and rehabilitation for certain veterans with
service-connected disabilities.
(5) Benefits under chapter 35 of this title, relating to educational
assistance for survivors and dependents of certain veterans with
service-connected disabilities.
(6) Benefits under subchapters I, II, and III of chapter 37 of this
title, relating to housing loans for certain veterans and for the
spouses and surviving spouses of certain veterans.
(b) The following accounts of the Department shall be exempt from
sequestration or reduction under part C of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any
other sequestration law and shall not be included in any report
specifying reductions in Federal spending:
(1) The following life insurance accounts:
(A) The National Service Life Insurance Fund authorized by section
1920 of this title.
(B) The Service-Disabled Veterans Insurance Fund authorized by
section 1922 of this title.
(C) The Veterans Special Life Insurance Fund authorized by section
1923 of this title.
(D) The Veterans Reopened Insurance Fund authorized by section 1925
of this title.
(E) The United States Government Life Insurance Fund authorized by
section 1955 of this title.
(F) The Veterans Insurance and Indemnity appropriation authorized by
section 1919 of this title.
(2) The following revolving fund accounts:
(A) The Department of Veterans Affairs Special Therapeutic and
Rehabilitation Activities Fund established by section 1718(c) of this
title.
(B) The Veterans' Canteen Service revolving fund authorized by
section 7804 of this title.
(c)(1) A benefit under section 2301, 2302, 2303, 2306, or 2308 of
this title that is subject to reduction under a sequestration order or
sequestration law shall be paid in accordance with the rates determined
under the sequestration order or law (if any) in effect on the date of
the death of the veteran concerned.
(2) A benefit paid to, or on behalf of, an eligible veteran for
pursuit of a program of education or training under chapter 30, 31, 34,
35, or 36 of this title that is subject to a sequestration order or a
sequestration law shall be paid in accordance with the rates determined
under the sequestration order or law (if any) in effect during the
period of education or training for which the benefit is paid.
(3) In implementation of a sequestration order or law with respect to
each account from which a benefit described in paragraph (1) or (2) of
this subsection is paid (including the making of determinations of the
amounts by which such benefits are to be reduced), the total of the
amounts (as estimated by the Secretary after consultation with the
Director of the Congressional Budget Office) by which payments of such
benefit will be reduced by reason of such paragraph after the last day
of the period during which such order or law is in effect shall be
deemed to be additional reductions in the payments of such benefit made,
and in new budget authority for such payments, during such period.
(d) In computing the amount of new budget authority by which a budget
account of the Department is to be reduced for a fiscal year under a
report of the Director of the Office of Management and Budget, or under
an order of the President under part C of the Balanced Budget and
Emergency Deficit Control Act of 1985, the base from which the amount of
the reduction for such account is determined shall be established
without regard to any amount of new budget authority in such account
(determined under section 251(a)(6) /1/ of such Act) for any of the
programs listed in subsection (a) of this section.
(e) This section applies without regard to any other provision of law
(whether enacted before, on, or after the date of the enactment of this
section) unless such Act expressly provides that it is enacted as a
limitation to this section.
(f) For the purposes of this section:
(1) The term ''sequestration'' means a reduction in spending
authority and loan guarantee commitments generally throughout the
Government under the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 901 et seq.) or any other law.
(2) The term ''sequestration law'' means a law enacted with respect
to a sequestration under the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law (under the
procedures specified in that Act or otherwise).
(3) The term ''sequestration order'' means an order of the President
issued under part C of such Act.
(Added Pub. L. 99-576, title VI, 601(a)(1), Oct. 28, 1986, 100 Stat.
3287; amended Pub. L. 100-198, 12(a), Dec. 21, 1987, 101 Stat. 1325;
Pub. L. 100-322, title IV, 411(b), (c), May 20, 1988, 102 Stat. 547;
Pub. L. 102-40, title IV, 402(d)(1), May 7, 1991, 105 Stat. 239; Pub.
L. 102-83, 4(a)(2)(B)(i), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6,
1991, 105 Stat. 403-406.)
The Balanced Budget and Emergency Deficit Control Act of 1985,
referred to in subsecs. (a), (b), (d), and (f), is title II of Pub. L.
99-177, Dec. 12, 1985, 99 Stat. 1038, as amended. Part C of the Act
is classified generally to subchapter I ( 900 et seq.) of chapter 20 of
Title 2, The Congress. Section 251 of the Act is classified to section
901 of Title 2, and was amended generally by Pub. L. 101-508, title
XIII, 13101(a), Nov. 5, 1990, 104 Stat. 1388-577. For complete
classification of this Act to the Code, see Short Title note set out
under section 900 of Title 2 and Tables.
The date of the enactment of this section, referred to in subsec.
(e), is the date of enactment of Pub. L. 99-576, which was approved
Oct. 28, 1986.
1991 -- Subsec. (a)(2). Pub. L. 102-83, 5(c)(1), substituted
''2307'' for ''907''.
Subsec. (b). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration'' in introductory
provisions.
Subsec. (b)(1). Pub. L. 102-83, 5(c)(1), substituted ''1920'' for
''720'' in subpar. (A), ''1922'' for ''722'' in subpar. (B), ''1923''
for ''723'' in subpar. (C), ''1925'' for ''725'' in subpar. (D),
''1955'' for ''755'' in subpar. (E), and ''1919'' for ''719'' in
subpar. (F).
Subsec. (b)(2)(A). Pub. L. 102-83, 5(c)(1), substituted ''1718(c)''
for ''618(c)''.
Pub. L. 102-83, 4(a)(2)(B)(i), substituted ''Department of Veterans
Affairs'' for ''Veterans' Administration''.
Subsec. (b)(2)(B). Pub. L. 102-40 substituted ''7804'' for ''4204''.
Subsec. (c)(1). Pub. L. 102-83, 5(c)(1), substituted ''2301, 2302,
2303, 2306, or 2308'' for ''901, 902, 903, 906, or 908''.
Subsec. (c)(3). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Subsec. (d). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration''.
1988 -- Subsec. (a)(4), (5). Pub. L. 100-322, 411(b), struck out
''(but only with respect to fiscal year 1987)'' before period at end.
Subsec. (d). Pub. L. 100-322, 411(c), substituted ''a report of the
Director of the Office of Management and Budget'' for ''a joint report
of the Directors of the Office of Management and Budget and the
Congressional Budget Office''.
1987 -- Subsec. (a)(6). Pub. L. 100-198, 12(a)(1), added par. (6).
Subsec. (c)(2). Pub. L. 100-198, 12(a)(3), substituted ''31, 34, 35,
or 36'' for ''34, or 36''.
Subsecs. (e) to (g). Pub. L. 100-198, 12(a)(2), redesignated
subsecs. (f) and (g) as (e) and (f), respectively, and struck out
former subsec. (e) which read as follows: ''If a final order issued by
the President pursuant to a law providing for the cancellation of loan
guarantee commitments imposes a limitation on the total amount of loans
that may be guaranteed under chapter 37 of this title in any fiscal
year, the Administrator shall submit to the Committees on Veterans'
Affairs of the Senate and the House of Representatives a monthly report
(not later than the 10th day of each month during the remainder of such
fiscal year following the issuance of such final order) providing the
following information:
''(1) The total amount of the loans for which commitments of
guarantees were made under such chapter during the preceding month.
''(2) The total amount of the loans for which commitments were made
during the fiscal year through the end of such preceding month.
''(3) The Administrator's estimates as to the total amounts of the
loans for which commitments would, in the absence of any limits on such
commitments or guarantees, be made during (A) the month in which the
report is required to be submitted, and (B) the succeeding months of the
fiscal year.''
Section 12(b) of Pub. L. 100-198 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect on
November 19, 1987.''
Section 601(b) of Pub. L. 99-576 provided that: ''Section 113 of
title 38, United States Code (as added by subsection (a)), shall apply
with respect to a sequestration order issued, or a sequestration law
enacted, for a fiscal year after fiscal year 1986.''
Section 411(a) of Pub. L. 100-322 provided that:
''(1) Notwithstanding section 601(b) of the Veterans' Benefits
Improvement and Health-Care Authorization Act of 1986 (Public Law
99-576) (set out as a note above), section 113(b)(2) of title 38, United
States Code, shall apply with respect to a sequestration order issued,
or a sequestration law enacted, for any fiscal year after fiscal year
1985.
''(2) The Secretary of the Treasury shall take such action as is
necessary to implement paragraph (1). Not later than 60 days after the
date of the enactment of this Act (May 20, 1988), the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the action taken by the Secretary pursuant
to that paragraph.''
/1/ See References in Text note below.
38 USC 114. Multiyear procurement
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary may enter into a multiyear contract for the
procurement of supplies or services if the Secretary makes each of the
following determinations:
(1) Appropriations are available for obligations that are necessary
for total payments that would be required during the fiscal year in
which the contract is entered into, plus the estimated amount of any
cancellation charge payable under the contract.
(2) The contract is in the best interest of the United States by
reason of the effect that use of a multiyear, rather than one-year,
contract would have in --
(A) reducing costs;
(B) achieving economies in contract administration or in any other
Department activities;
(C) increasing quality of performance by or service from the
contractors; or
(D) encouraging effective competition.
(3) During the proposed contract period --
(A) there will be a continuing or recurring need for the supplies or
services being procured;
(B) there is not a substantial likelihood of substantial changes in
the need for such supplies or services in terms of the total quantity of
such supplies or services or of the rate of delivery of such supplies or
services; and
(C) the specifications for the supplies or services are expected to
be reasonably stable.
(4) The risks relating to the prospective contractor's ability to
perform in accordance with the specifications and other terms of the
contract are not excessive.
(5) The use of a multiyear contract will not inhibit small business
concerns in competing for the contract.
(6) In the case of the procurement of a pharmaceutical item for which
a patent has expired less than four years before the date on which the
solicitation of offers is issued, there is no substantial likelihood
that increased competition among potential contractors would occur
during the term of the contract as the result of the availability of
generic equivalents increasing during the term of the contract.
(b)(1) A multiyear contract authorized by this section shall contain
--
(A) a provision that the obligation of the United States under the
contract during any fiscal year which is included in the contract period
and is subsequent to the fiscal year during which the contract is
entered into is contingent on the availability of sufficient
appropriations (as determined by the Secretary pursuant to paragraph
(2)(A) of this subsection) if, at the time the contract is entered into,
appropriations are not available to cover the total estimated payments
that will be required during the full term of the contract; and
(B) notwithstanding section 1502(a) of title 31, a provision for the
payment of reasonable cancellation charges to compensate the contractor
for nonrecurring, unrecovered costs, if any, if the performance is
cancelled pursuant to the provision required by subparagraph (A) of this
paragraph.
(2)(A) If, during a fiscal year after the fiscal year during which a
multiyear contract is entered into under this section, the Secretary
determines that, in light of other funding needs involved in the
operation of Department programs, the amount of funds appropriated for
such subsequent fiscal year is not sufficient for such contract, the
Secretary shall cancel such contract pursuant to the provisions required
by paragraph (1)(A) of this subsection.
(B) Cancellation charges under a multiyear contract shall be paid
from the appropriated funds which were originally available for
performance of the contract or the payment of cancellation costs unless
such funds are not available in an amount sufficient to pay the entire
amount of the cancellation charges payable under the contract. In a
case in which such funds are not available in such amount, funds
available for the procurement of supplies and services for use for the
same purposes as the supplies or services procured through such contract
shall be used to the extent necessary to pay such cost.
(c) Nothing in this section shall be construed so as to restrict the
Secretary's exercise of the right to terminate for convenience a
contract under any other provision of law which authorizes multiyear
contracting.
(d) The Secretary shall prescribe regulations for the implementation
of this section.
(e) For the purposes of this section:
(1) The term ''appropriations'' has the meaning given that term in
section 1511 of title 31.
(2) The term ''multiyear contract'' means a contract which by its
terms is to remain in effect for a period which extends beyond the end
of the fiscal year during which the contract is entered into but not
beyond the end of the fourth fiscal year following such fiscal year.
Such term does not include a contract for construction or for a lease of
real property.
(3) The term ''nonrecurring, unrecovered costs'' means those costs
reasonably incurred by the contractor in performing a multiyear contract
which (as determined under regulations prescribed under subsection (d)
of this section) are generally incurred on a one-time basis.
(Added Pub. L. 100-322, title IV, 404(a), May 20, 1988, 102 Stat.
545; amended Pub. L. 101-237, title VI, 601(a), (b)(1), Dec. 18, 1989,
103 Stat. 2094; Pub. L. 102-83, 4(a)(3), (4), (b)(1), (2)(E), Aug. 6,
1991, 105 Stat. 404, 405.)
1991 -- Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places in introductory
provisions.
Subsec. (a)(2)(B). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration''.
Subsec. (b)(1)(A). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Subsec. (b)(2)(A). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Subsec. (c). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary's'' for ''Administrator's''.
Subsec. (d). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1989 -- Pub. L. 101-237, 601(b)(1), struck out ''for certain
medical items'' after ''Multiyear procurement'' in section catchline.
Subsec. (a). Pub. L. 101-237, 601(a)(1), struck out ''for use in
Veterans' Administration health-care facilities'' after ''supplies or
services''.
Subsec. (b)(2)(A). Pub. L. 101-237, 601(a)(2), struck out
''health-care'' before ''programs, the amount''.
Subsec. (e)(2) to (4). Pub. L. 101-237, 601(a)(3), redesignated
pars. (3) and (4) as (2) and (3), respectively, and struck out former
par. (2) which read as follows: ''The term 'cancel' or 'cancellation'
refers to the termination of a contract by the Administrator as required
under paragraph (2)(B)(i) of this subsection.''
38 USC 115. Acquisition of real property
TITLE 38 -- VETERANS' BENEFITS
For the purposes of sections 230 /1/ and 2406 of this title and
subchapter I of chapter 81 of this title, the Secretary may acquire and
use real property --
(1) before title to the property is approved under section 355 of the
Revised Statutes (40 U.S.C. 255); and
(2) even though the property will be held in other than a fee simple
interest in a case in which the Secretary determines that the interest
to be acquired is sufficient for the purposes of the intended use.
(Added Pub. L. 102-86, title IV, 402(a), Aug. 14, 1991, 105 Stat.
422; amended Pub. L. 102-83, 5(c)(1), Aug. 6, 1991, 105 Stat. 406.)
Section 230 of this title, referred to in text, was repealed and
reenacted as sections 314, 315, and 316 of this title by Pub. L.
102-83, 2(a), Aug. 6, 1991, 105 Stat. 378, 383.
1991 -- Pub. L. 102-83 substituted ''2406'' for ''1006'' in
introductory provisions.
/1/ See References in Text note below.
38 USC CHAPTER 3 -- DEPARTMENT OF VETERANS AFFAIRS
TITLE 38 -- VETERANS' BENEFITS
Sec.
301. Department.
302. Seal.
303. Secretary of Veterans Affairs.
304. Deputy Secretary of Veterans Affairs.
305. Under Secretary for Health.
306. Under Secretary for Benefits.
307. Director of the National Cemetery System.
308. Assistant Secretaries; Deputy Assistant Secretaries.
309. Chief Financial Officer.
310. Chief Information Resources Officer.
311. General Counsel.
312. Inspector General.
313. Availability of appropriations.
314. Central Office.
315. Regional offices.
316. Colocation of regional offices and medical centers.
317. Chief Minority Affairs Officer.
Prior chapter 3, consisting of sections 201 to 203, 210 to 224, 230,
231, 233 to 236, and 240 to 246, was repealed by Pub. L. 102-83, 2(a),
Aug. 6, 1991, 105 Stat. 378.
Section 201, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1114,
established Veterans' Administration as an independent agency in
executive branch of Government. See section 301 of this title.
Section 202, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1114, related
to seal of Veterans' Administration and authentication of records of
Veterans' Administration. See section 302 of this title.
Section 203, added Pub. L. 94-424, 2(a), Sept. 28, 1976, 90 Stat.
1332; amended Pub. L. 97-258, 2(j), Sept. 13, 1982, 96 Stat. 1062;
Pub. L. 98-160, title VII, 702(1), Nov. 21, 1983, 97 Stat. 1009,
related to availability of appropriations. See section 313 of this
title.
Section 210, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1114; Pub.
L. 88-426, title III, 305(15), Aug. 14, 1964, 78 Stat. 424; Pub. L.
89-361, 1(a), (b), Mar. 7, 1966, 80 Stat. 29; Pub. L. 89-785, title
III, 301, Nov. 7, 1966, 80 Stat. 1376; Pub. L. 92-328, title II,
201, June 30, 1972, 86 Stat. 396; Pub. L. 95-202, title III, 301,
Nov. 23, 1977, 91 Stat. 1440; Pub. L. 96-22, title V, 502(a), June
13, 1979, 93 Stat. 64; Pub. L. 97-66, title VI, 601(a)(1), Oct. 17,
1981, 95 Stat. 1033; Pub. L. 97-452, 2(e)(1), Jan. 12, 1983, 96
Stat. 2478; Pub. L. 99-166, title IV, 403(a), Dec. 3, 1985, 99 Stat.
957; Pub. L. 99-576, title V, 501, title VII, 701(9), Oct. 28,
1986, 100 Stat. 3285, 3291; Pub. L. 100-527, 15(a), Oct. 5, 1988,
102 Stat. 2644; Pub. L. 102-40, title III, 303, May 7, 1991, 105
Stat. 208, related to appointment and general authority of
Administrator and Deputy Administrator. See sections 303, 304, 501,
503, 510, and 711 of this title.
Section 211, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1115; Pub.
L. 89-214, 1(b), Sept. 29, 1965, 79 Stat. 886; Pub. L. 89-358,
4(h), Mar. 3, 1966, 80 Stat. 24; Pub. L. 91-376, 8(a), Aug. 12,
1970, 84 Stat. 790; Pub. L. 100-687, div. A, title I, 101(a), Nov.
18, 1988, 102 Stat. 4105, related to decisions of Administrator and
opinions of Attorney General. See sections 505 and 511 of this title.
Section 212, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1115; Pub.
L. 89-361, 2, Mar. 7, 1966, 80 Stat. 30; Pub. L. 99-576, title VII,
701(10), Oct. 28, 1986, 100 Stat. 3291, related to delegation of
authority and assignment of duties. See section 512 of this title.
Section 213, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1115; Pub.
L. 89-785, title III, 302, Nov. 7, 1966, 80 Stat. 1376; Pub. L.
91-24, 2(c), June 11, 1969, 83 Stat. 33; Pub. L. 99-576, title VII,
701(11), Oct. 28, 1986, 100 Stat. 3291, related to contracts and
acceptance of personal services. See section 513 of this title.
Section 214, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1115,
required an annual report to Congress by Administrator. See section 529
of this title.
Section 215, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1115; Pub.
L. 99-576, title VII, 701(10), Oct. 28, 1986, 100 Stat. 3291, related
to publication of laws relating to veterans. See section 525 of this
title.
Section 216, added Pub. L. 100-322, title I, 132(a), May 20, 1988,
102 Stat. 506; amended Pub. L. 102-40, title IV, 402(d)(1), May 7,
1991, 105 Stat. 239, related to assistance to certain rehabilitation
activities. See section 521 of this title.
Another prior section 216, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1116; Pub. L. 87-572, Aug. 6, 1962, 76 Stat. 307; Pub. L. 88-433,
1(a)-(c), Aug. 14, 1964, 78 Stat. 441, 442; Pub. L. 89-705, 1, Nov.
2, 1966, 80 Stat. 1099, which directed Administrator to conduct
research in field of prosthetic appliances, prosthesis, orthopedic
appliances, and sensory devices, was repealed by Pub. L. 94-581, title
II, 205(c)(1), Oct. 21, 1976, 90 Stat. 2859. See section 7303 of this
title.
Section 217, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1116; Pub.
L. 99-576, title VII, 701(10), Oct. 28, 1986, 100 Stat. 3291, related
to studies of rehabilitation of disabled persons. See section 522 of
this title.
Section 218, added Pub. L. 93-43, 4(a), June 18, 1973, 87 Stat.
79; amended Pub. L. 98-528, title I, 101(a)(1), Oct. 19, 1984, 98
Stat. 2686; Pub. L. 99-576, title II, 211, Oct. 28, 1986, 100 Stat.
3257, related to security and law enforcement on property under
jurisdiction of Veterans' Administration. See section 901 et seq. of
this title.
Section 219, added Pub. L. 93-508, title II, 213(a), Dec. 3, 1974,
88 Stat. 1586; amended Pub. L. 99-576, title VII, 701(12), Oct. 28,
1986, 100 Stat. 3291, related to evaluation of programs and collection
of data. See section 527 of this title.
Section 220, added Pub. L. 93-508, title II, 213(a), Dec. 3, 1974,
88 Stat. 1587; amended Pub. L. 96-466, title VII, 701(a), (b)(1),
Oct. 17, 1980, 94 Stat. 2215; Pub. L. 98-528, title I, 106(a),
(b)(1), Oct. 19, 1984, 98 Stat. 2690, related to coordination and
promotion of other programs affecting veterans and their dependents.
See section 523 of this title.
Section 221, added Pub. L. 97-37, 2(a), Aug. 14, 1981, 95 Stat.
935, established Advisory Committee on Former Prisoners of War. See
section 541 of this title.
Section 222, added Pub. L. 98-160, title III, 301(a), Nov. 21,
1983, 97 Stat. 1003, established Advisory Committee on Women Veterans.
See section 542 of this title.
Section 223, added Pub. L. 100-687, div. A, title I, 102(a)(1),
Nov. 18, 1988, 102 Stat. 4106, related to rulemaking procedures and
judicial review. See sections 501 and 502 of this title.
Section 224, added Pub. L. 100-322, title II, 203(b)(1), May 20,
1988, 102 Stat. 509, 223; renumbered 224, Pub. L. 101-94, title
III, 302(d)(1), Aug. 16, 1989, 103 Stat. 628, related to
administrative settlement of tort claims. See section 515 of this
title.
Section 230, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1116; Pub.
L. 86-103, July 23, 1959, 73 Stat. 224; Pub. L. 87-815, 5, Oct. 15,
1962, 76 Stat. 927; Pub. L. 91-338, July 16, 1970, 84 Stat. 437;
Pub. L. 93-82, title IV, 401, Aug. 2, 1973, 87 Stat. 196; Pub. L.
95-520, 2, Oct. 26, 1978, 92 Stat. 1820; Pub. L. 96-22, title V,
503(a), June 13, 1979, 93 Stat. 65; Pub. L. 96-385, title V, 501,
Oct. 7, 1980, 94 Stat. 1533; Pub. L. 97-295, 4(6), Oct. 12, 1982,
96 Stat. 1305; Pub. L. 99-108, 1, Sept. 30, 1985, 99 Stat. 481;
Pub. L. 99-166, title IV, 402, Dec. 3, 1985, 99 Stat. 957; Pub. L.
99-576, title VII, 701(13), Oct. 28, 1986, 100 Stat. 3291; Pub. L.
100-689, title V, 501(a), Nov. 18, 1988, 102 Stat. 4179; Pub. L.
101-237, title VI, 603(a), Dec. 18, 1989, 103 Stat. 2095, related to
Central Office and regional offices. See sections 314 to 316 of this
title.
Section 231, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1116, related
to placement of employees in military installations. See section 701 of
this title.
Section 232, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1116, which
authorized Administrator to contract for services of translators without
regard to certain provisions of law, was repealed by Pub. L. 91-24,
2(a), June 11, 1969, 83 Stat. 33.
Section 233, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1116; Pub.
L. 87-574, 1(1), Aug. 6, 1962, 76 Stat. 308; Pub. L. 89-785, title
III, 303(a), (b), Nov. 7, 1966, 80 Stat. 1376, 1377; Pub. L.
99-576, title VII, 701(14), 702(2), Oct. 28, 1986, 100 Stat. 3291,
3301, related to providing employee's apparel, transportation of
employee children, recreational facilities, educational information,
reimbursement for personal property, and emergency transportation. See
section 703 of this title.
Section 234, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1117; Pub.
L. 93-82, title IV, 402(a), (c), Aug. 2, 1973, 87 Stat. 196, related
to telephone service for medical officers and facility directors. See
section 705 of this title.
Section 235, added Pub. L. 86-116, 1, July 28, 1959, 73 Stat. 265;
amended Pub. L. 87-815, 6, Oct. 15, 1962, 76 Stat. 927; Pub. L.
89-300, 1(c), Oct. 28, 1965, 79 Stat. 1110; Pub. L. 96-22, title V,
503(b), (c)(1), June 13, 1979, 93 Stat. 65; Pub. L. 96-465, title II,
2206(g), Oct. 17, 1980, 94 Stat. 2163; Pub. L. 99-576, title VII,
701(15), 702(3), Oct. 28, 1986, 100 Stat. 3291, 3301, related to
benefits to employees at overseas offices who are United States
citizens. See section 707 of this title.
Section 236, added Pub. L. 89-300, 1(a), Oct. 28, 1965, 79 Stat.
1110; amended Pub. L. 99-576, title VII, 701(16), Oct. 28, 1986, 100
Stat. 3292, related to administrative settlement of tort claims arising
in foreign countries. See section 515 of this title.
Section 240, added Pub. L. 91-219, title II, 214(a), Mar. 26,
1970, 84 Stat. 84; amended Pub. L. 92-540, title IV, 410(a), Oct.
24, 1972, 86 Stat. 1092, described purpose and defined terms for
veterans outreach services program. See section 7721 of this title.
Section 241, added Pub. L. 91-219, title II, 214(a), Mar. 26,
1970, 84 Stat. 84; amended Pub. L. 92-540, title IV, 410(b), Oct.
24, 1972, 86 Stat. 1092; Pub. L. 93-508, title II, 214(1), (2), Dec.
3, 1974, 88 Stat. 1587; Pub. L. 99-576, title VII, 701(17), 702(4),
Oct. 28, 1986, 100 Stat. 3292, 3301, related to outreach services.
See section 7722 of this title.
Section 242, added Pub. L. 91-219, title II, 214(a), Mar. 26,
1970, 84 Stat. 85; amended Pub. L. 93-508, title II, 214(3), Dec.
3, 1974, 88 Stat. 1587; Pub. L. 99-576, title VII, 701(18), Oct. 28,
1986, 100 Stat. 3292, related to veterans assistance offices. See
section 7723 of this title.
Section 243, added Pub. L. 93-508, title II, 214(4), Dec. 3, 1974,
88 Stat. 1587; amended Pub. L. 97-295, 4(7), Oct. 12, 1982, 96
Stat. 1305; Pub. L. 97-306, title II, 201(a), Oct. 14, 1982, 96
Stat. 1433, related to outstationing of counseling and outreach
personnel. See section 7724 of this title.
Section 244, added Pub. L. 91-219, title II, 214(a), Mar. 26,
1970, 84 Stat. 85, 243; renumbered 244 and amended Pub. L. 93-508,
title II, 214(4), (5), Dec. 3, 1974, 88 Stat. 1587, 1588; Pub. L.
96-466, title V, 501, Oct. 17, 1980, 94 Stat. 2202; Pub. L. 99-576,
title VII, 701(19), Oct. 28, 1986, 100 Stat. 3292, related to
utilization of other agencies. See section 7725 of this title.
Section 245, added Pub. L. 91-219, title II, 214(a), Mar. 26,
1970, 84 Stat. 85, 244; renumbered 245, Pub. L. 93-508, title II,
214(4), Dec. 3, 1974, 88 Stat. 1587, related to an annual report to
Congress on the effectiveness of outreach programs. See section 7726 of
this title.
Section 246, added Pub. L. 95-202, title III, 310(b)(1), Nov. 23,
1977, 91 Stat. 1446; amended Pub. L. 95-336, 6(b), Aug. 4, 1978, 92
Stat. 453; Pub. L. 97-295, 4(8), Oct. 12, 1982, 96 Stat. 1305,
related to veterans cost-of-instruction payments to institutions of
higher learning.
1992 -- Pub. L. 102-405, title III, 302(c)(1), Oct. 9, 1992, 106
Stat. 1984, substituted ''Under Secretary for Health'' for ''Chief
Medical Director'' in item 305 and ''Under Secretary for Benefits'' for
''Chief Benefits Director'' in item 306.
1991 -- Pub. L. 102-218, 1(b), Dec. 11, 1991, 105 Stat. 1672,
added item 317.
38 USC 301. Department
TITLE 38 -- VETERANS' BENEFITS
(a) The Department of Veterans Affairs is an executive department of
the United States.
(b) The purpose of the Department is to administer the laws providing
benefits and other services to veterans and the dependents and the
beneficiaries of veterans.
(c) The Department is composed of the following:
(1) The Office of the Secretary.
(2) The Veterans Health Administration.
(3) The Veterans Benefits Administration.
(4) The National Cemetery System.
(5) The Board of Veterans' Appeals.
(6) The Veterans' Canteen Service.
(7) The Board of Contract Appeals.
(8) Such other offices and agencies as are established or designated
by law or by the President or the Secretary.
(9) Any office, agency, or activity under the control or supervision
of any element named in paragraphs (1) through (8).
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 378.)
Prior section 301 was renumbered section 1101 of this title.
Provisions similar to those in subsec. (a) of this section were
contained in section 2 of Pub. L. 100-527, known as the Department of
Veterans Affairs Act.
Provisions similar to those in subsec. (b) of this section were
contained in section 201 of this title prior to repeal by Pub. L.
102-83, 2(a).
Pub. L. 102-40, 2, May 7, 1991, 105 Stat. 187, provided that:
''(a) Renaming. -- The establishment in the Department of Veterans
Affairs known as the Veterans Health Services and Research
Administration is hereby redesignated as the Veterans Health
Administration.
''(b) References. -- Any reference to the Veterans Health Services
and Research Administration (or to the Department of Medicine and
Surgery of the Veterans' Administration) in any Federal law, Executive
order, regulation, delegation of authority, or document of or pertaining
to the Department of Veterans Affairs shall be deemed to refer to the
Veterans Health Administration.''
Pub. L. 100-527, 1-12, 14, 16, 18, Oct. 25, 1988, 102 Stat.
2635-2642, 2644, 2645, 2648, as amended by Pub. L. 101-94, title IV,
401, Aug. 16, 1989, 103 Stat. 628; Pub. L. 101-576, title II,
205(c)(2), Nov. 15, 1990, 104 Stat. 2845; Pub. L. 102-83, 3, Aug.
6, 1991, 105 Stat. 402, provided that:
''SECTION 1. SHORT TITLE.
''This Act (see Tables for classification) may be cited as the
'Department of Veterans Affairs Act'.
''SEC. 2. ESTABLISHMENT OF VETERANS' ADMINISTRATION AS AN EXECUTIVE
DEPARTMENT.
''The Veterans' Administration is hereby redesignated as the
Department of Veterans Affairs and shall be an executive department in
the executive branch of the Government.
''(SECS. 3 to 5. Repealed. Pub. L. 102-83, 3(3), Aug. 6, 1991, 105
Stat. 402.)
''SEC. 6. VETERANS HEALTH SERVICES AND RESEARCH ADMINISTRATION.
''The establishment within the Veterans' Administration known as the
Department of Medicine and Surgery is hereby redesignated as the
Veterans Health Services and Research Administration of the Department
of Veterans Affairs.
''SEC. 7. VETERANS BENEFITS ADMINISTRATION.
''The establishment within the Veterans' Administration known as the
Department of Veterans' Benefits is hereby redesignated as the Veterans
Benefits Administration of the Department of Veterans Affairs.
''SEC. 8. OFFICE OF THE GENERAL COUNSEL.
''((a) Repealed. Pub. L. 102-83, 3(3), Aug. 6, 1991, 105 Stat.
402.)
''(b) Continuation of Service of General Counsel. -- The individual
serving on the effective date of this Act (Mar. 15, 1989) as the General
Counsel of the Veterans' Administration may act as the General Counsel
of the Department of Veterans Affairs until a person is appointed under
this Act to that office.
''SEC. 9. OFFICE OF THE INSPECTOR GENERAL.
''(a) Redesignation. -- The Office of Inspector General of the
Veterans' Administration, established in accordance with the Inspector
General Act of 1978 (Pub. L. 95-452, set out in the Appendix to Title 5,
Government Organization and Employees), is hereby redesignated as the
Office of Inspector General of the Department of Veterans Affairs.
''((b) Repealed. Pub. L. 102-83, 3(3), Aug. 6, 1991, 105 Stat.
402.)
''SEC. 10. REFERENCES.
''Reference in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or any document of or pertaining
to the Veterans' Administration --
''(1) to the Administrator of Veterans' Affairs shall be deemed to
refer to the Secretary of Veterans Affairs;
''(2) to the Veterans' Administration shall be deemed to refer to the
Department of Veterans Affairs;
''(3) to the Deputy Administrator of Veterans' Affairs shall be
deemed to refer to the Deputy Secretary of Veterans Affairs;
''(4) to the Chief Medical Director of the Veterans' Administration
shall be deemed to refer to the Chief Medical Director (now Under
Secretary for Health) of the Department of Veterans Affairs;
''(5) to the Department of Medicine and Surgery of the Veterans'
Administration shall be deemed to refer to the Veterans Health Services
and Research Administration of the Department of Veterans Affairs;
''(6) to the Chief Benefits Director of the Veterans' Administration
shall be deemed to refer to the Chief Benefits Director (now Under
Secretary for Benefits) of the Department of Veterans Affairs;
''(7) to the Department of Veterans' Benefits of the Veterans'
Administration shall be deemed to refer to the Veterans Benefits
Administration of the Department of Veterans Affairs;
''(8) to the Chief Memorial Affairs Director of the Veterans'
Administration shall be deemed to refer to the Director of the National
Cemetery System of the Department of Veterans Affairs; and
''(9) to the Department of Memorial Affairs of the Veterans'
Administration shall be deemed to refer to the National Cemetery System
of the Department of Veterans Affairs.
''SEC. 11. SAVINGS PROVISIONS.
''(a) Continuing Effect of Legal Documents. -- All orders,
determinations, rules, regulations, permits, grants, contracts,
certificates, licenses, and privileges --
''(1) which have been issued, made, granted, or allowed to become
effective by the President, by the Administrator of Veterans' Affairs,
or by a court of competent jurisdiction, in the performance of functions
of the Administrator or the Veterans' Administration; and
''(2) which are in effect on the effective date of this Act (Mar.
15, 1989);
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary, or other authorized official, by a court
of competent jurisdiction, or by operation of law.
''(b) Proceedings Not Affected. -- The provisions of this Act shall
not affect any proceedings or any application for any benefits, service,
license, permit, certificate, or financial assistance pending before the
Veterans' Administration at the time this Act takes effect, but such
proceedings and applications shall be continued. Orders shall be issued
in such proceedings, appeals shall be taken therefrom, and payments
shall be made pursuant to such orders, as if this Act had not been
enacted, and orders issued in any such proceedings shall continue in
effect until modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or by
operation of law. Nothing in this subsection shall be deemed to
prohibit the discontinuance or modification of any such proceeding under
the same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this Act had not
been enacted.
''(c) Suits Not Affected. -- The provisions of this Act shall not
affect suits commenced before the effective date of this Act, and in all
such suits, proceedings shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if this Act had
not been enacted.
''(d) Nonabatement of Actions. -- No suit, action, or other
proceeding commenced by or against the Veterans' Administration, or by
or against any individual in the official capacity of such individual as
an officer of the Veterans' Administration, shall abate by reason of the
enactment of this Act.
''(e) Property and Resources. -- The contracts, liabilities, records,
property, and other assets and interests of the Veterans' Administration
shall, after the effective date of this Act, be considered to be the
contracts, liabilities, records, property, and other assets and
interests of the Department of Veterans Affairs.
''(f) Compensation for Continued Service. -- Any person --
''(1) who acts as Secretary or Deputy Secretary of the Department of
Veterans Affairs under section 3(e);
''(2) who continues to serve as Chief Medical Director (now Under
Secretary for Health) or Chief Benefits Director (now Under Secretary
for Benefits) of such department under section 3(f) or (g),
respectively;
''(3) who acts as the Director of the National Cemetery System under
section 3(h); or
''(4) who acts as General Counsel of the Department of Veterans
Affairs under section 8(b);
after the effective date of this Act and before the first appointment
of a person to such position after such date shall continue to be
compensated for so serving or acting at the rate at which such person
was compensated before the effective date of this Act.
''(SEC. 12. Repealed. Pub. L. 102-83, 3(3), Aug. 6, 1991, 105 Stat.
402.)
''SEC. 14. ADDITIONAL CONFORMING AMENDMENTS.
''After consultation with the appropriate committees of the Congress,
the Secretary of Veterans Affairs shall prepare and submit to the
Congress proposed legislation containing technical and conforming
amendments to title 38, United States Code, and to other provisions of
law, which reflect the changes made by this Act. Such legislation shall
be submitted not later than 6 months after the date of enactment of this
Act (Oct. 25, 1988).
''(SEC. 16. Repealed. Pub. L. 102-83, 3(3), Aug. 6, 1991, 105 Stat.
402.)
''SEC. 18. EFFECTIVE DATE.
''(a) In General. -- Except as provided in subsection (b), this Act
shall take effect on March 15, 1989.
''(b) Appointment of Secretary. -- Notwithstanding any other
provision of law or of this Act, the President may, any time after
January 21, 1989, appoint an individual to serve as Secretary of the
Department of Veterans Affairs.''
38 USC 302. Seal
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary of Veterans Affairs shall cause a seal of office to
be made for the Department of such device as the President shall
approve. Judicial notice shall be taken of the seal.
(b) Copies of any public document, record, or paper belonging to or
in the files of the Department, when authenticated by the seal and
certified by the Secretary (or by an officer or employee of the
Department to whom authority has been delegated in writing by the
Secretary), shall be evidence equal with the original thereof.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 379.)
Prior section 302 was renumbered section 1102 of this title.
Provisions similar to those in this section were contained in section
202 of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 303. Secretary of Veterans Affairs
TITLE 38 -- VETERANS' BENEFITS
There is a Secretary of Veterans Affairs, who is the head of the
Department and is appointed by the President, by and with the advice and
consent of the Senate. The Secretary is responsible for the proper
execution and administration of all laws administered by the Department
and for the control, direction, and management of the Department.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 379.)
Provisions similar to those in this section were contained in section
210(a), (b)(1) of this title and in second and third sentences of
section 2 of Pub. L. 100-527, known as the Department of Veterans
Affairs Act, prior to repeal by Pub. L. 102-83, 2(a), 3(1).
Pub. L. 100-687, div. B, title XIV, 1404, Nov. 18, 1988, 102 Stat.
4131, as amended by Pub. L. 102-83, 5(c)(2), 6(k)(3), Aug. 6, 1991,
105 Stat. 406, 409, provided that:
''(a) Budget Information. -- In the documentation providing detailed
information on the budgets for the Department of Veterans Affairs and
the Department of Labor that the Secretary of Veterans Affairs and the
Secretary of Labor, respectively, submit to the Congress in conjunction
with the President's budget submission for each fiscal year pursuant to
section 1105 of title 31, United States Code, the Secretary of Veterans
Affairs and the Secretary of Labor shall identify, to the maximum extent
feasible, the estimated amount in each of the appropriation requests for
Department of Veterans Affairs accounts and Department of Labor
accounts, respectively, that is to be obligated for the furnishing of
each of the following services or benefits only to, or with respect to,
veterans who performed active military, naval, or air service in combat
with the enemy or in a theatre of combat operations during a period of
war or other hostilities:
''(1) Employment services and other employment benefits under
programs administered by the Secretary of Labor.
''(2) Compensation under chapter 11 of title 38, United States Code.
''(3) Dependency and Indemnity Compensation under chapter 13 of such
title.
''(4) Pension under chapter 15 of such title.
''(5) Inpatient hospital care under chapter 17 of such title.
''(6) Outpatient medical care under chapter 17 of such title.
''(7) Nursing home care under chapter 17 of such title.
''(8) Domiciliary care under chapter 17 of such title.
''(9) Readjustment counseling services under section 1712A of such
title.
''(10) Insurance under chapter 19 of such title.
''(11) Specially adapted housing for disabled veterans under chapter
21 of such title.
''(12) Burial benefits under chapter 23 of such title.
''(13) Educational assistance under chapters 30, 32, and 34 of such
title and chapter 106 of title 10, United States Code.
''(14) Vocational rehabilitation services under chapter 31 of title
38, United States Code.
''(15) Survivors' and dependents' educational assistance under
chapter 35 of such title.
''(16) Home loan benefits under chapter 37 of such title.
''(17) Automobiles and adaptive equipment under chapter 39 of such
title.
''(b) Report on Feasibility. -- If the Secretary of Veterans Affairs
or the Secretary of Labor determines that, with respect to any services
or benefits referred to in subsection (a), it is not feasible to
identify an estimated dollar amount to be obligated for furnishing such
services or benefits only to veterans described in that subsection for
any fiscal year, the Secretary of Veterans Affairs and the Secretary of
Labor shall, with respect to an appropriation request for such fiscal
year relating to such services or benefits, report to the Committees on
Veterans' Affairs of the Senate and the House of Representatives the
reasons for the infeasibility. The report shall be submitted
contemporaneously with the budget submission for such fiscal year. The
report shall specify (1) the information, systems, equipment, or
personnel that would be required in order for it to be feasible for the
Secretary of Veterans Affairs or the Secretary of Labor to identify such
amount, and (2) the actions to be taken in order to ensure that it will
be feasible to make such an estimate in connection with the submission
of the budget request for the next fiscal year.''
Pub. L. 100-322, title I, 123, May 20, 1988, 102 Stat. 504, as
amended by Pub. L. 102-83, 6(j)(2), Aug. 6, 1991, 105 Stat. 409;
Pub. L. 102-531, title III, 312(c), Oct. 27, 1992, 106 Stat. 3504,
provided that:
''(a) Information Program. -- The Secretary of Veterans Affairs shall
establish and carry out an information program relating to the acquired
immune deficiency syndrome (hereinafter in this section referred to as
'AIDS'). The information program shall be for employees and consultants
of the Department of Veterans Affairs, for other persons providing
services in Department of Veterans Affairs facilities to beneficiaries
of programs administered by the Department of Veterans Affairs, and for
such beneficiaries.
''(b) Required Elements of Information Program. -- In conducting the
program under subsection (a), the Secretary shall --
''(1) develop, in consultation with the Surgeon General of the United
States and the Director of the Centers for Disease Control and
Prevention, publications and other materials containing information on
AIDS, including information on the prevention of infection with the
human immunodeficiency virus;
''(2) provide for periodic dissemination of publications (including
the Surgeon General's Report on AIDS) and other materials containing
such information;
''(3) make publications and other suitable materials containing such
information readily available in Department of Veterans Affairs
health-care facilities and such other Department of Veterans Affairs
facilities as the Secretary considers appropriate; and
''(4) disseminate information (including the Surgeon General's Report
on AIDS) on the risk of transmission of the human immunodeficiency
virus, and information on preventing the transmission of such virus, to
Department of Veterans Affairs substance abuse treatment personnel, to
each person being furnished treatment by the Department of Veterans
Affairs for drug abuse, and to each person receiving care or services
from the Department of Veterans Affairs whom the Secretary believes to
be at high risk for AIDS.
''(c) Training in AIDS Prevention. -- The Secretary shall establish
and carry out a program that provides for education, training, and other
activities (including continuing education and infection control
programs) regarding AIDS and the human immunodeficiency virus designed
to improve the effectiveness and safety of all health-care personnel and
all health-care support personnel involved in the furnishing of care
under programs administered by the Department of Veterans Affairs.''
For assignment of certain emergency preparedness functions to
Secretary of Veterans Affairs, see Parts 1, 2, and 27 of Ex. Ord. No.
12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section
2251 of Title 50, Appendix, War and National Defense.
Compensation of Secretary of Veterans Affairs, see section 5312 of
Title 5, Government Organization and Employees.
38 USC 304. Deputy Secretary of Veterans Affairs
TITLE 38 -- VETERANS' BENEFITS
There is in the Department a Deputy Secretary of Veterans Affairs,
who is appointed by the President, by and with the advice and consent of
the Senate. The Deputy Secretary shall perform such functions as the
Secretary shall prescribe. Unless the President designates another
officer of the Government, the Deputy Secretary shall be Acting
Secretary of Veterans Affairs during the absence or disability of the
Secretary or in the event of a vacancy in the office of Secretary.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 379.)
Provisions similar to those in this section were contained in section
210(d) of this title and in section 3(a) of Pub. L. 100-527, known as
the Department of Veterans Affairs Act, prior to repeal by Pub. L.
102-83, 2(a), 3(3).
Compensation of Deputy Secretary of Veterans Affairs, see section
5313 of Title 5, Government Organization and Employees.
38 USC 305. Under Secretary for Health
TITLE 38 -- VETERANS' BENEFITS
(a)(1) There is in the Department a /1/ Under Secretary for Health,
who is appointed by the President, by and with the advice and consent of
the Senate.
(2) The Under Secretary for Health shall be a doctor of medicine and
shall be appointed without regard to political affiliation or activity
and solely --
(A) on the basis of demonstrated ability in the medical profession,
in health-care administration and policy formulation, and in health-care
fiscal management; and
(B) on the basis of substantial experience in connection with the
programs of the Veterans Health Administration or programs of similar
content and scope.
(b) The Under Secretary for Health is the head of, and is directly
responsible to the Secretary for the operation of, the Veterans Health
Administration.
(c) The Under Secretary for Health shall be appointed for a period of
four years, with reappointment permissible for successive like periods.
If the President removes the Under Secretary for Health before the
completion of the term for which the Under Secretary for Health was
appointed, the President shall communicate the reasons for the removal
to Congress.
(d)(1) Whenever a vacancy in the position of Under Secretary for
Health occurs or is anticipated, the Secretary shall establish a
commission to recommend individuals to the President for appointment to
the position.
(2) A commission established under this subsection shall be composed
of the following members appointed by the Secretary:
(A) Three persons representing clinical care and medical research and
education activities affected by the Veterans Health Administration.
(B) Two persons representing veterans served by the Veterans Health
Administration.
(C) Two persons who have experience in the management of veterans
health services and research programs, or programs of similar content
and scope.
(D) The Deputy Secretary of Veterans Affairs.
(E) The Chairman of the Special Medical Advisory Group established
under section 7312 of this title.
(F) One person who has held the position of Under Secretary for
Health (including service as Under Secretary for Health of the
Department), /2/ if the Secretary determines that it is desirable for
such person to be a member of the Commission. /3/
(3) A commission established under this subsection shall recommend at
least three individuals for appointment to the position of Under
Secretary for Health. The commission shall submit all recommendations
to the Secretary. The Secretary shall forward the recommendations to
the President with any comments the Secretary considers appropriate.
Thereafter, the President may request the commission to recommend
additional individuals for appointment.
(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans
Affairs who performs personnel management and labor relations functions
shall serve as the executive secretary of a commission established under
this subsection.
(Added and amended Pub. L. 102-83, 2(a), 4(a)(3), (4), Aug. 6,
1991, 105 Stat. 379, 404; Pub. L. 102-405, title III, 302(c)(1), Oct.
9, 1992, 106 Stat. 1984.)
Provisions similar to those in this section were contained in section
3(b) of Pub. L. 100-527, known as the Department of Veterans Affairs
Act, prior to repeal by Pub. L. 102-83, 3(3).
1992 -- Pub. L. 102-405 substituted ''Under Secretary for Health''
for ''Chief Medical Director'' wherever appearing.
1991 -- Subsec. (d)(2)(F). Pub. L. 102-83, 4(a)(3), (4),
substituted ''Department'' for ''Veterans' Administration''.
Section 302(a) of Pub. L. 102-405 provided that: ''The position of
Chief Medical Director of the Department of Veterans Affairs is hereby
redesignated as Under Secretary for Health of the Department of Veterans
Affairs.''
Section 302(e) of Pub. L. 102-405 provided that: ''Any reference in
any Federal law, Executive order, rule, regulation, or delegation of
authority, or any document of or pertaining to the Department of
Veterans Affairs --
''(1) to the Chief Medical Director of the Department of Veterans
Affairs shall be deemed to refer to the Under Secretary for Health of
the Department of Veterans Affairs; and
''(2) to the Chief Benefits Director of the Department of Veterans
Affairs shall be deemed to refer to the Under Secretary for Benefits of
the Department of Veterans Affairs.''
/1/ So in original. Probably should be ''an''.
/2/ See 1991 Amendment note below.
/3/ So in original. Probably should not be capitalized.
38 USC 306. Under Secretary for Benefits
TITLE 38 -- VETERANS' BENEFITS
(a) There is in the Department a /1/ Under Secretary for Benefits,
who is appointed by the President, by and with the advice and consent of
the Senate. The Under Secretary for Benefits shall be appointed without
regard to political affiliation or activity and solely on the basis of
demonstrated ability in --
(1) fiscal management; and
(2) the administration of programs within the Veterans Benefits
Administration or programs of similar content and scope.
(b) The Under Secretary for Benefits is the head of, and is directly
responsible to the Secretary for the operations of, the Veterans
Benefits Administration.
(c) The Under Secretary for Benefits shall be appointed for a period
of four years, with reappointment permissible for successive like
periods. If the President removes the Under Secretary for Benefits
before the completion of the term for which the Under Secretary for
Benefits was appointed, the President shall communicate the reasons for
the removal to Congress.
(d)(1) Whenever a vacancy in the position of Under Secretary for
Benefits occurs or is anticipated, the Secretary shall establish a
commission to recommend individuals to the President for appointment to
the position.
(2) A commission established under this subsection shall be composed
of the following members appointed by the Secretary:
(A) Three persons representing education and training, real estate,
mortgage finance, and related industries, and survivor benefits
activities affected by the Veterans Benefits Administration.
(B) Two persons representing veterans served by the Veterans Benefits
Administration.
(C) Two persons who have experience in the management of veterans
benefits programs or programs of similar content and scope.
(D) The Deputy Secretary of Veterans Affairs.
(E) The chairman of the Veterans' Advisory Committee on Education
formed under section 3692 of this title.
(F) One person who has held the position of Under Secretary for
Benefits (including service as Under Secretary for Benefits of the
Department), /2/ if the Secretary determines that it is desirable for
such person to be a member of the Commission. /3/
(3) A commission established under this subsection shall recommend at
least three individuals for appointment to the position of Under
Secretary for Benefits. The commission shall submit all recommendations
to the Secretary. The Secretary shall forward the recommendations to
the President with any comments the Secretary considers appropriate.
Thereafter, the President may request the commission to recommend
additional individuals for appointment.
(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans
Affairs who performs personnel management and labor relations functions
shall serve as the executive secretary of a commission established under
this subsection.
(Added and amended Pub. L. 102-83, 2(a), 4(a)(3), (4), Aug. 6,
1991, 105 Stat. 380, 404; Pub. L. 102-405, title III, 302(c)(1), Oct.
9, 1992, 106 Stat. 1984.)
Provisions similar to those in this section were contained in section
3(c) of Pub. L. 100-527, known as the Department of Veterans Affairs
Act, prior to repeal by Pub. L. 102-83, 3(3).
1992 -- Pub. L. 102-405 substituted ''Under Secretary for Benefits''
for ''Chief Benefits Director'' wherever appearing.
1991 -- Subsec. (d)(2)(F). Pub. L. 102-83, 4(a)(3), (4),
substituted ''Department'' for ''Veterans' Administration''.
Section 302(b) of Pub. L. 102-405 provided that: ''The position of
Chief Benefits Director of the Department of Veterans Affairs is hereby
redesignated as Under Secretary for Benefits of the Department of
Veterans Affairs.''
/1/ So in original. Probably should be ''an''.
/2/ See 1991 Amendment note below.
/3/ So in original. Probably should not be capitalized.
38 USC 307. Director of the National Cemetery System
TITLE 38 -- VETERANS' BENEFITS
There is in the Department a Director of the National Cemetery
System, who is appointed by the President, by and with the advice and
consent of the Senate. The Director is the head of the National
Cemetery System as established in section 2400 of this title and shall
perform such functions as may be assigned by the Secretary.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 381.)
Provisions similar to those in this section were contained in section
3(d) of Pub. L. 100-527, known as the Department of Veterans Affairs
Act, prior to repeal by Pub. L. 102-83, 3(3).
38 USC 308. Assistant Secretaries; Deputy Assistant Secretaries
TITLE 38 -- VETERANS' BENEFITS
(a) There shall be in the Department not more than six Assistant
Secretaries. Each Assistant Secretary shall be appointed by the
President, by and with the advice and consent of the Senate.
(b) The Secretary shall assign to the Assistant Secretaries
responsibility for the administration of such functions and duties as
the Secretary considers appropriate, including the following functions:
(1) Budgetary and financial functions.
(2) Personnel management and labor relations functions.
(3) Planning, studies, and evaluations.
(4) Management, productivity, and logistic support functions.
(5) Information management functions as required by section 3506 of
title 44.
(6) Capital facilities and real property program functions.
(7) Equal opportunity functions.
(8) Functions regarding the investigation of complaints of employment
discrimination within the Department.
(9) Functions regarding intergovernmental, public, and consumer
information and affairs.
(10) Procurement functions.
(c) Whenever the President nominates an individual for appointment as
an Assistant Secretary, the President shall include in the communication
to the Senate of the nomination a statement of the particular functions
of the Department specified in subsection (b), and any other functions
of the Department, the individual will exercise upon taking office.
(d)(1) There shall be in the Department such number of Deputy
Assistant Secretaries, not exceeding 18, as the Secretary may determine.
Each Deputy Assistant Secretary shall be appointed by the Secretary and
shall perform such functions as the Secretary prescribes.
(2) At least two-thirds of the number of positions established and
filled under paragraph (1) shall be filled by individuals who have at
least five years of continuous service in the Federal civil service in
the executive branch immediately preceding their appointment as a Deputy
Assistant Secretary. For purposes of determining such continuous
service of an individual, there shall be excluded any service by such
individual in a position --
(A) of a confidential, policy-determining, policy-making, or
policy-advocating character;
(B) in which such individual served as a noncareer appointee in the
Senior Executive Service, as such term is defined in section 3132(a)(7)
of title 5; or
(C) to which such individual was appointed by the President.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 381.)
Provisions similar to those in this section were contained in
sections 4(a), (b), (e) and 5 of Pub. L. 100-527, known as the
Department of Veterans Affairs Act, prior to repeal by Pub. L. 102-83,
3(3).
38 USC 309. Chief Financial Officer
TITLE 38 -- VETERANS' BENEFITS
The Secretary shall designate the Assistant Secretary whose functions
include budgetary and financial functions as the Chief Financial Officer
of the Department. The Chief Financial Officer shall advise the
Secretary on financial management of the Department and shall exercise
the authority and carry out the functions specified in section 902 of
title 31.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 382.)
Provisions similar to those in this section were contained in section
4(c) of Pub. L. 100-527, known as the Department of Veterans Affairs
Act, prior to repeal by Pub. L. 102-83, 3(3).
38 USC 310. Chief Information Resources Officer
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall designate the Assistant Secretary whose
functions include information management functions (as required by
section 3506 of title 44) as the Chief Information Resources Officer of
the Department.
(b) The Chief Information Resources Officer shall advise the
Secretary on information and management activities of the Department as
required by section 3506 of title 44.
(c) The Chief Information Resources Officer shall develop and
maintain an information resources management system for the Department
that provides for --
(1) the conduct of, and accountability for, any acquisitions made
pursuant to a delegation of authority under section 111 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 759);
(2) the implementation of all applicable Governmentwide and
Department information policies, principles, standards, and guidelines
with respect to information collection, paperwork reduction, privacy and
security of records, sharing and dissemination of information,
acquisition and use of information technology, and other information
resources management functions;
(3) the periodic evaluation of and (as needed) the planning and
implementation of improvements in the accuracy, completeness, and
reliability of data and records contained within Department information
systems; and
(4) the development and annual revision of a five-year plan for
meeting the Department's information technology needs.
(d) The Chief Information Resources Officer shall report directly to
the Secretary in carrying out the duties of the Chief Information
Resources Officer under this section and under chapter 35 of title 44.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 382.)
Prior section 310 was renumbered section 1110 of this title.
Provisions similar to those in this section were contained in section
4(d) of Pub. L. 100-527, known as the Department of Veterans Affairs
Act, prior to repeal by Pub. L. 102-83, 3(3).
38 USC 311. General Counsel
TITLE 38 -- VETERANS' BENEFITS
There is in the Department the Office of the General Counsel. There
is at the head of the office a General Counsel, who is appointed by the
President, by and with the advice and consent of the Senate. The
General Counsel is the chief legal officer of the Department and
provides legal assistance to the Secretary concerning the programs and
policies of the Department.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 383.)
Prior section 311 was renumbered section 1111 of this title.
Provisions similar to those in this section were contained in section
8(a) of Pub. L. 100-527, known as the Department of Veterans Affairs
Act, prior to repeal by Pub. L. 102-83, 3(3).
38 USC 312. Inspector General
TITLE 38 -- VETERANS' BENEFITS
(a) There is in the Department an Inspector General, who is appointed
by the President, by and with the advice and consent of the Senate, as
provided in the Inspector General Act of 1978 (5 U.S.C. App. 3). The
Inspector General performs the functions, has the responsibilities, and
exercises the powers specified in that Act.
(b)(1) The Secretary shall provide for not less than 40 full-time
positions in the Office of Inspector General in addition to the number
of such positions in that office on March 15, 1989.
(2) The President shall include in the budget transmitted to the
Congress for each fiscal year pursuant to section 1105 of title 31 an
estimate of the amount for the Office of Inspector General that is
sufficient to provide for a number of full-time positions in that office
that is not less than the number of full-time positions in that office
on March 15, 1989, plus 40.
(3) The Secretary shall provide the number of additional full-time
positions in the Office of Inspector General required by paragraph (1)
not later than September 30, 1991.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 383.)
The Inspector General Act of 1978, referred to in subsec. (a), is
Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.
Prior section 312 was renumbered section 1112 of this title.
Provisions similar to those in this section were contained in section
9(b) of Pub. L. 100-527, known as the Department of Veterans Affairs
Act, prior to repeal by Pub. L. 102-83, 3(3).
38 USC 313. Availability of appropriations
TITLE 38 -- VETERANS' BENEFITS
(a) Funds appropriated to the Department may remain available until
expended.
(b) Funds appropriated to the Department may not be used for a
settlement of more than $1,000,000 on a construction contract unless --
(1) the settlement is audited by an entity outside the Department for
reasonableness and appropriateness of expenditures; and
(2) the settlement is provided for specifically in an appropriation
law.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 383.)
Prior section 313 was renumbered section 1113 of this title.
Provisions similar to those in this section were contained in section
203 of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 314. Central Office
TITLE 38 -- VETERANS' BENEFITS
The Central Office of the Department shall be in the District of
Columbia.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 383.)
Prior section 314 was renumbered section 1114 of this title.
Provisions similar to those in this section were contained in section
230(a) of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 315. Regional offices
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary may establish such regional offices and such other
field offices within the United States, its Territories, Commonwealths,
and possessions, as the Secretary considers necessary.
(b) The Secretary may maintain a regional office in the Republic of
the Philippines until March 31, 1994.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 384; amended
Pub. L. 102-291, 1(a), May 20, 1992, 106 Stat. 178.)
Prior section 315 was renumbered section 1115 of this title.
Provisions similar to those in this section were contained in section
230(a), (b) of this title prior to repeal by Pub. L. 102-83, 2(a).
1992 -- Subsec. (b). Pub. L. 102-291 substituted ''March 31, 1994''
for ''September 30, 1991''.
Section 1(b) of Pub. L. 102-291 provided that: ''The amendment made
by subsection (a) (amending this section) shall take effect as of
September 30, 1991.''
Section 1(c) of Pub. L. 102-291 provided that: ''Any action of the
Secretary of Veterans Affairs in maintaining a Department of Veterans
Affairs Regional Office in the Republic of the Philippines under section
315(b) of title 38, United States Code, during the period beginning on
October 1, 1991, and ending on the date of the enactment of this Act
(May 20, 1992) is hereby ratified with respect to that period.''
38 USC 316. Colocation of regional offices and medical centers
TITLE 38 -- VETERANS' BENEFITS
(a) To provide for a more economical, efficient, and effective
operation of such regional offices, the Secretary shall provide for the
colocation of at least three regional offices with medical centers of
the Department --
(1) on real property under the jurisdiction of the Department of
Veterans Affairs at such medical centers; or
(2) on real property that is adjacent to such a medical center and is
under the jurisdiction of the Department as a result of being conveyed
to the United States for the purpose of such colocation.
(b)(1) In carrying out this section and notwithstanding any other
provision of law, the Secretary may lease, with or without compensation
and for a period of not to exceed 35 years, to another party at not more
than seven locations any of the real property described in paragraph (1)
or (2) of subsection (a).
(2) Such real property shall be used as the site of a facility --
(A) constructed and owned by the lessee of such real property; and
(B) leased under subsection (c)(1) to the Department for such use and
such other activities as the Secretary determines are appropriate.
(c)(1) The Secretary may enter into a lease for the use of any
facility described in subsection (b)(2) for not more than 35 years under
such terms and conditions as may be in the best interests of the
Department.
(2) Each agreement for such a lease shall provide --
(A) that the obligation of the United States to make payments under
the agreement is subject to the availability of appropriations for that
purpose; and
(B) that the ownership of the facility shall vest in the United
States at the end of such lease.
(d)(1) The Secretary may sublease any space in such a facility to
another party at a rate not less than --
(A) the rental rate paid by the Secretary for such space under
subsection (c); plus
(B) the amount the Secretary pays for the costs of administering such
facility (including operation, maintenance, utility, and rehabilitation
costs) which are attributable to such space.
(2) In any such sublease, the Secretary shall include such terms
relating to default and nonperformance as the Secretary considers
appropriate to protect the interests of the United States.
(e) The Secretary shall use the receipts of any payment for the lease
of real property under subsection (b) for the payment of the lease of a
facility under subsection (c).
(f)(1) Subject to paragraph (3)(A), the Secretary shall, not later
than April 18, 1990, issue an invitation for offers with respect to
three colocations to be carried out under this section. The invitation
shall include, with respect to each such colocation, at least the
following:
(A) Identification of the site to be developed.
(B) Minimum office space requirements for regional office activities.
(C) Design criteria of the facility to be constructed.
(D) A plan for meeting the security and parking needs for the
facility and its occupants and visitors.
(E) A statement of current and projected rents and other costs for
regional office activities.
(F) The estimated cost of construction of the facility concerned, the
estimated annual cost of leasing space for regional office activities in
the facility, and the estimated total annual cost of leasing all space
in such facility.
(G) A plan for securing appropriate licenses, easements, and
rights-of-way.
(H) A list of terms and conditions the Secretary has approved for
inclusion in the lease agreement for the facility concerned.
(2) Subject to paragraph (3)(B), the Secretary shall --
(A) not later than one year after the date on which the invitation is
issued under paragraph (1), enter into an agreement to carry out one
colocation under this subsection; and
(B) within 180 days after entering into the agreement referred to in
subparagraph (A), enter into agreements to carry out two additional
colocations,
unless the Secretary determines that it is not economically feasible
for the Department to undertake them, taking into consideration all of
the tangible and intangible benefits associated with such colocations.
(3) The Secretary shall --
(A) at least 10 days before the issuance or other publication of the
invitation referred to in paragraph (1), submit a copy of the invitation
to the Committees on Veterans' Affairs of the Senate and House of
Representatives; and
(B) at least 30 days before entering into an agreement under
paragraph (2), submit a copy to the Committees on Veterans' Affairs of
the Senate and House of Representatives of the proposals selected by the
Secretary from those received in response to the invitation issued under
paragraph (1).
(g) The authority to enter into an agreement under this section shall
expire on September 30, 1992.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 384.)
Prior section 316 was renumbered section 1116 of this title.
38 USC 317. Chief Minority Affairs Officer
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall designate one of the Assistant Secretaries of
the Department as the Chief Minority Affairs Officer of the Department.
(b) The Chief Minority Affairs Officer shall have the following
duties:
(1) To investigate and examine the policies, regulations, programs,
and other activities of the Department as they affect minority group
members who are veterans or receive benefits from the Department.
(2) To assess the needs of minority group members who are veterans or
who receive benefits from the Department as those needs relate to the
activities of, and benefits provided by, the Department and to evaluate
the manner and extent to which the activities of, and benefits provided,
/1/ by the Department fulfill those needs.
(3) To advise the Secretary regarding the effect on minority group
members of policies, regulations, programs, and other activities of the
Department and of methods to ensure that minority group members are
afforded an opportunity to participate fully in the activities and
benefits of the Department.
(4) To carry out any additional functions and activities that the
Secretary prescribes with regard to minority group members who are
veterans or who receive benefits from the Department.
(c) In this section, the term ''minority group member'' means an
individual who is --
(1) Asian American;
(2) Black;
(3) Hispanic;
(4) Native American (including American Indian, Alaskan Native, and
Native Hawaiian);
(5) Pacific-Islander American; or
(6) female.
(d) Not less than every two years, the Secretary shall submit to the
Congress a report containing a detailed description of any activities
and policies of the Department relating to minority group members who
are veterans or who receive benefits from the Department and the duties
of the Chief Minority Affairs Officer, with respect to the previous
two-year period.
(Added Pub. L. 102-218, 1(a), Dec. 11, 1991, 105 Stat. 1671.)
Prior sections 321, 322, and 331 to 335 were renumbered sections
1121, 1122, and 1131 to 1135 of this title, respectively.
Prior section 336, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123,
which set forth the conditions under which wartime rates were payable to
any veteran otherwise entitled to compensation under subchapter IV of
chapter 11 of this title, was repealed by Pub. L. 92-328, title I,
108(c), title III, 301(b), June 30, 1972, 86 Stat. 396, 398, effective
July 1, 1973.
Prior sections 337, 341, and 342 were renumbered sections 1137, 1141,
and 1142 of this title, respectively.
Prior section 343, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124,
which prescribed conditions under which wartime rates of compensation
were payable, was repealed by Pub. L. 93-295, title II, 206(b), title
IV, 401, May 31, 1974, 88 Stat. 183, 184, effective May 1, 1974.
Prior sections 351 to 355 were renumbered sections 1151 to 1155 of
this title, respectively.
Prior section 356, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125,
which provided for a minimum rating for veterans with arrested
tuberculosis, was repealed by Pub. L. 90-493, 4, Aug. 19, 1968, 82
Stat. 809, but repeal not applicable in case of veteran who on Aug.
19, 1968, was receiving or entitled to receive compensation for
tuberculosis which in the judgment of the Administrator had reached a
condition of complete arrest.
Prior sections 357 to 363 were renumbered sections 1157 to 1163 of
this title, respectively.
Prior sections 401 and 402 were renumbered sections 1301 and 1302 of
this title, respectively.
Prior section 403, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127;
Pub. L. 91-96, 2, Oct. 27, 1969, 83 Stat. 144, which defined Reserve
Officer Training Corps annual training duty and authorized travel to and
from such duty as active military service for the purposes of chapter 11
of this title and former section 722 of this title, was repealed by Pub.
L. 97-306, title I, 113(b)(1), (d), Oct. 14, 1982, 96 Stat. 1432,
1433, effective Oct. 1, 1982, with respect to deaths and disabilities
resulting from diseases or injuries incurred or aggravated after Sept.
30, 1982, and Oct. 1, 1983, with respect to deaths and disabilities
incurred or aggravated before Oct. 1, 1982.
Prior sections 404, 410 to 418, and 421 to 423 were renumbered
sections 1304, 1310 to 1318, and 1321 to 1323 of this title,
respectively.
/1/ So in original. The comma probably should appear after ''by''.
38 USC CHAPTER 5 -- AUTHORITY AND DUTIES OF THE SECRETARY
TITLE 38 -- VETERANS' BENEFITS
Sec.
501. Rules and regulations.
502. Judicial review of rules and regulations.
503. Administrative error; equitable relief.
505. Opinions of Attorney General.
510. Authority to reorganize offices.
511. Decisions of the Secretary; finality.
512. Delegation of authority; assignment of functions and duties.
513. Contracts and personal services.
515. Administrative settlement of tort claims.
521. Assistance to certain rehabilitation activities.
522. Studies of rehabilitation of disabled persons.
523. Coordination and promotion of other programs affecting veterans
and their dependents.
525. Publication of laws relating to veterans.
527. Evaluation and data collection.
529. Annual report to Congress.
541. Advisory Committee on Former Prisoners of War.
542. Advisory Committee on Women Veterans.
543. Advisory Committee on Prosthetics and Special-Disabilities
Programs.
1992 -- Pub. L. 102-405, title I, 105(b)(2), Oct. 9, 1992, 106
Stat. 1976, added item 543.
38 USC SUBCHAPTER I -- GENERAL AUTHORITIES
TITLE 38 -- VETERANS' BENEFITS
38 USC 501. Rules and regulations
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary has authority to prescribe all rules and
regulations which are necessary or appropriate to carry out the laws
administered by the Department and are consistent with those laws,
including --
(1) regulations with respect to the nature and extent of proof and
evidence and the method of taking and furnishing them in order to
establish the right to benefits under such laws;
(2) the forms of application by claimants under such laws;
(3) the methods of making investigations and medical examinations;
and
(4) the manner and form of adjudications and awards.
(b) Any rule, regulation, guideline, or other published
interpretation or order (and any amendment thereto) issued pursuant to
the authority granted by this section or any other provision of this
title shall contain citations to the particular section or sections of
statutory law or other legal authority upon which such issuance is
based. The citation to the authority shall appear immediately following
each substantive provision of the issuance.
(c) In applying section 552(a)(1) of title 5 to the Department, the
Secretary shall ensure that subparagraphs (C), (D), and (E) of that
section are complied with, particularly with respect to opinions and
interpretations of the General Counsel.
(d) The provisions of section 553 of title 5 shall apply, without
regard to subsection (a)(2) of that section, to matters relating to
loans, grants, or benefits under a law administered by the Secretary.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 386.)
Prior section 501 was renumbered section 1501 of this title.
Provisions similar to those in this section were contained in
sections 210(c)(1) and 223(a), (b) of this title prior to repeal by Pub.
L. 102-83, 2(a).
38 USC 502. Judicial review of rules and regulations
TITLE 38 -- VETERANS' BENEFITS
An action of the Secretary to which section 552(a)(1) or 553 of title
5 (or both) refers (other than an action relating to the adoption or
revision of the schedule of ratings for disabilities adopted under
section 1155 of this title) is subject to judicial review. Such review
shall be in accordance with chapter 7 of title 5 and may be sought only
in the United States Court of Appeals for the Federal Circuit. However,
if such review is sought in connection with an appeal brought under the
provisions of chapter 72 of this title, the provisions of that chapter
shall apply rather than the provisions of chapter 7 of title 5.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 386.)
Prior section 502 was renumbered section 1502 of this title.
Provisions similar to those in this section were contained in section
223(c) of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 503. Administrative error; equitable relief
TITLE 38 -- VETERANS' BENEFITS
(a) If the Secretary determines that benefits administered by the
Department have not been provided by reason of administrative error on
the part of the Federal Government or any of its employees, the
Secretary may provide such relief on account of such error as the
Secretary determines equitable, including the payment of moneys to any
person whom the Secretary determines is equitably entitled to such
moneys.
(b) If the Secretary determines that a veteran, surviving spouse,
child of a veteran, or other person has suffered loss as a consequence
of reliance upon a determination by the Department of eligibility or
entitlement to benefits, without knowledge that it was erroneously made,
the Secretary may provide such relief on account of such error as the
Secretary determines is equitable, including the payment of moneys to
any person whom the Secretary determines is equitably entitled to such
moneys.
(c) Not later than April 1 of each year, the Secretary shall submit
to Congress a report containing a statement as to the disposition of
each case recommended to the Secretary for equitable relief under this
section during the preceding calendar year.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 386.)
Prior sections 503 and 504 were renumbered sections 1503 and 1504 of
this title, respectively.
Provisions similar to those in this section were contained in section
210(c)(2), (3) of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 505. Opinions of Attorney General
TITLE 38 -- VETERANS' BENEFITS
The Secretary may require the opinion of the Attorney General on any
question of law arising in the administration of the Department.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 387.)
Prior sections 505 to 508 were renumbered sections 1505 to 1508 of
this title, respectively.
Provisions similar to those in this section were contained in section
211(b) of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 510. Authority to reorganize offices
TITLE 38 -- VETERANS' BENEFITS
(a) Except to the extent inconsistent with law, the Secretary may --
(1) consolidate, eliminate, abolish, or redistribute the functions of
the Administrations, offices, facilities, or activities in the
Department;
(2) create new Administrations, offices, facilities, or activities in
the Department; and
(3) fix the functions of any such Administration, office, facility,
or activity and the duties and powers of their respective executive
heads.
(b) The Secretary may not in any fiscal year implement an
administrative reorganization described in subsection (c) unless the
Secretary first submits to the appropriate committees of the Congress a
report containing a detailed plan and justification for the
administrative reorganization. No action to carry out such
reorganization may be taken after the submission of such report until
the end of a 90-day period of continuous session of Congress following
the date of the submission of the report. For purposes of the preceding
sentence, continuity of a session of Congress is broken only by
adjournment sine die, and there shall be excluded from the computation
of such 90-day period any day during which either House of Congress is
not in session during an adjournment of more than three days to a day
certain.
(c) An administrative reorganization described in this subsection is
an administrative reorganization of a covered field office or facility
that involves a reduction during any fiscal year in the number of
full-time equivalent employees with permanent duty stations at such
office or facility --
(1) by 15 percent or more; or
(2) by a percent which, when added to the percent reduction made in
the number of such employees with permanent duty stations at such office
or facility during the preceding fiscal year, is 25 percent or more.
(d)(1) Not less than 30 days before the date on which the
implementation of any administrative reorganization described in
paragraph (2) of a unit in the Central Office is to begin, the Secretary
shall transmit to the Committees on Veterans' Affairs of the Senate and
the House of Representatives a notification regarding the
reorganization.
(2) Paragraph (1) applies to an administrative reorganization of any
unit of the Central Office that is the duty station for 30 or more
employees if the reorganization involves a reduction in any fiscal year
in the number of full-time equivalent employees with permanent duty
station in such unit by 50 percent or more.
(e) For purposes of this section, the term ''administrative
reorganization'' does not include a consolidation or redistribution of
functions at a covered field office or facility, or between components
of the Veterans Benefits Administration and the Veterans Health
Administration at a Department medical and regional office center, if
after the consolidation or redistribution the same number of full-time
equivalent employees continues to perform the affected functions at that
field office, facility, or center.
(f) For purposes of this section:
(1) The term ''covered field office or facility'' means a Department
office or facility outside the Central Office that is the permanent duty
station for 25 or more employees or that is a free-standing outpatient
clinic.
(2) The term ''detailed plan and justification'' means, with respect
to an administrative reorganization, a written report that, at a
minimum, includes the following:
(A) Specification of the number of employees by which each covered
office or facility affected is to be reduced, the responsibilities of
those employees, and the means by which the reduction is to be
accomplished.
(B) Identification of any existing or planned office or facility at
which the number of employees is to be increased and specification of
the number and responsibilities of the additional employees at each such
office or facility.
(C) A description of the changes in the functions carried out at any
existing office or facility and the functions to be assigned to an
office or facility not in existence on the date that the plan and
justification are submitted pursuant to subsection (b).
(D) An explanation of the reasons for the determination that the
reorganization is appropriate and advisable in terms of the statutory
missions and long-term goals of the Department.
(E) A description of the effects that the reorganization may have on
the provision of benefits and services to veterans and dependents of
veterans (including the provision of benefits and services through
offices and facilities of the Department not directly affected by the
reorganization).
(F) Estimates of the costs of the reorganization and of the cost
impact of the reorganization, together with analyses supporting those
estimates.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 387.)
Prior section 510, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1135,
which provided monthly pension for persons who served in military or
naval forces of Confederate States of America, was repealed by Pub. L.
94-169, title I, 101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective
Jan. 1, 1976.
Provisions similar to those in this section were contained in section
210(b)(1), (2) of this title prior to repeal by Pub. L. 102-83, 2(a).
Pub. L. 102-54, 12, June 13, 1991, 105 Stat. 273, provided that:
''(a) Authority for Administrative Reorganization. -- The Secretary
of Veterans Affairs may carry out the administrative reorganization
described in subsection (b) without regard to section 210(b)(2) of title
38 (38 U.S.C. 510(b)-(f)), United States Code.
''(b) Specified Reorganization. -- Subsection (a) applies to the
organizational realignment of management responsibility for the
Department of Veterans Affairs Data Processing Centers, together with
the corresponding organizational realignment of associated Information
Resources Management operational components and functions within the
Department of Veterans Affairs central office, as such realignment was
described in the detailed plan and justification submitted by the
Secretary of Veterans Affairs in (sic) January 4, 1991, letters to the
Chairmen of the Committees on Veterans' Affairs of the Senate and the
House of Representatives.''
Pub. L. 101-312, June 25, 1990, 104 Stat. 271, provided: ''That (a)
the Secretary of Veterans Affairs may proceed with the administrative
reorganization described in subsection (b) of this Act without regard to
section 210(b) (see 303, 510, 711) of title 38, United States Code.
''(b) The administrative reorganization referred to in subsection (a)
is the reorganization of the regional field offices of the Veterans
Health Services and Research Administration of the Department of
Veterans Affairs as that reorganization and related activity are
described in (1) letters dated January 22, 1990, and the detailed plan
and justification enclosed therewith, submitted by the Secretary to the
Committees on Veterans' Affairs of the Senate and the House of
Representatives pursuant to such section 210(b) (see 303, 510, 711), and
(2) letters dated April 17, 1990, submitted in supplementation thereof
by the Secretary to such Committees.''
Section 15(b) of Pub. L. 100-527 provided that: ''Section 210(b)
(see 303, 510, 711) of title 38, United States Code (as amended by
subsection (a)), shall not apply to a reorganization of a unit of the
Central Office of the Department of Veterans' Affairs if the
reorganization --
''(1) is necessary in order to carry out the provisions of or
amendments made by this Act (see Tables for classification); and
''(2) is initiated within 6 months after the effective date of this
Act (Mar. 15, 1989).''
38 USC 511. Decisions of the Secretary; finality
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall decide all questions of law and fact
necessary to a decision by the Secretary under a law that affects the
provision of benefits by the Secretary to veterans or the dependents or
survivors of veterans. Subject to subsection (b), the decision of the
Secretary as to any such question shall be final and conclusive and may
not be reviewed by any other official or by any court, whether by an
action in the nature of mandamus or otherwise.
(b) The second sentence of subsection (a) does not apply to --
(1) matters subject to section 502 of this title;
(2) matters covered by sections 1975 and 1984 of this title;
(3) matters arising under chapter 37 of this title; and
(4) matters covered by chapter 72 of this title.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 388.)
Prior section 511 was renumbered section 1511 of this title.
Provisions similar to those in this section were contained in section
211(a) of this title prior to repeal by Pub. L. 102-83, 2(a).
Writ of mandamus abolished in United States district courts, but
relief available by appropriate action or motion, see rule 81, Title 28,
Appendix, Judiciary and Judicial Procedure.
title.
38 USC 512. Delegation of authority; assignment of functions and
duties
TITLE 38 -- VETERANS' BENEFITS
(a) Except as otherwise provided by law, the Secretary may assign
functions and duties, and delegate, or authorize successive redelegation
of, authority to act and to render decisions, with respect to all laws
administered by the Department, to such officers and employees as the
Secretary may find necessary. Within the limitations of such
delegations, redelegations, or assignments, all official acts and
decisions of such officers and employees shall have the same force and
effect as though performed or rendered by the Secretary.
(b) There shall be included on the technical and administrative staff
of the Secretary such staff officers, experts, inspectors, and
assistants (including legal assistants) as the Secretary may prescribe.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 389.)
Prior section 512 was renumbered section 1512 of this title.
Provisions similar to those in this section were contained in section
212 of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 513. Contracts and personal services
TITLE 38 -- VETERANS' BENEFITS
The Secretary may, for purposes of all laws administered by the
Department, accept uncompensated services, and enter into contracts or
agreements with private or public agencies or persons (including
contracts for services of translators without regard to any other law),
for such necessary services (including personal services) as the
Secretary may consider practicable. The Secretary may also enter into
contracts or agreements with private concerns or public agencies for the
hiring of passenger motor vehicles or aircraft for official travel
whenever, in the Secretary's judgment, such arrangements are in the
interest of efficiency or economy.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 389.)
Provisions similar to those in this section were contained in section
213 of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 515. Administrative settlement of tort claims
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Notwithstanding the limitations contained in section 2672 of
title 28, the Secretary may settle a claim for money damages against the
United States cognizable under section 1346(b) or 2672 of title 28 or
section 7316 of this title to the extent the authority to do so is
delegated to the Secretary by the Attorney General. Such delegation may
not exceed the authority delegated by the Attorney General to United
States attorneys to settle claims for money damages against the United
States.
(2) For purposes of this subsection, the term ''settle'', with
respect to a claim, means consider, ascertain, adjust, determine, and
dispose of the claim, whether by full or partial allowance or by
disallowance.
(b) The Secretary may pay tort claims, in the manner authorized in
the first paragraph of section 2672 of title 28, when such claims arise
in foreign countries in connection with Department operations abroad. A
claim may not be allowed under this subsection unless it is presented in
writing to the Secretary within two years after the claim accrues.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 389.)
Provisions similar to those in this section were contained in
sections 224 and 236 of this title prior to repeal by Pub. L. 102-83,
2(a).
38 USC SUBCHAPTER II -- SPECIFIED FUNCTIONS
TITLE 38 -- VETERANS' BENEFITS
38 USC 521. Assistance to certain rehabilitation activities
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary may assist any organization named in or approved
under section 5902 of this title in providing recreational activities
which would further the rehabilitation of disabled veterans. Such
assistance may be provided only if --
(1) the activities are available to disabled veterans on a national
basis; and
(2) a significant percentage of the individuals participating in the
activities are eligible for rehabilitative services under chapter 17 of
this title.
(b) The Secretary may accept from any appropriate source
contributions of funds and of other assistance to support the
Secretary's provision of assistance for such activities.
(c)(1) Subject to paragraph (2), the Secretary may authorize the use,
for purposes approved by the Secretary in connection with the activity
involved, of the seal and other official symbols of the Department and
the name ''Department of Veterans Affairs'' by --
(A) any organization which provides an activity described in
subsection (a) with assistance from the Secretary; and
(B) any individual or entity from which the Secretary accepts a
significant contribution under subsection (b) or an offer of such a
contribution.
(2) The use of such seal or name of any official symbol of the
Department in an advertisement may be authorized by the Secretary under
this subsection only if --
(A) the Secretary has approved the advertisement; and
(B) the advertisement contains a clear statement that no product,
project, or commercial line of endeavor referred to in the advertisement
is endorsed by the Department of Veterans Affairs.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 390.)
Prior section 521 was renumbered section 1521 of this title.
Provisions similar to those in this section were contained in section
216 of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 522. Studies of rehabilitation of disabled persons
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary may conduct studies and investigations, and prepare
reports, relative to the rehabilitation of disabled persons, the
relative abilities, aptitudes, and capacities of the several groups of
the variously handicapped, and how their potentialities can best be
developed and their services best used in gainful and suitable
employment including the rehabilitation programs of foreign nations.
(b) In carrying out this section, the Secretary (1) may cooperate
with such public and private agencies as the Secretary considers
advisable; and (2) may employ consultants who shall receive a
reasonable per diem, as prescribed by the Secretary, for each day
actually employed, plus necessary travel and other expenses.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 390.)
Prior section 522 was renumbered section 1522 of this title.
Provisions similar to those in this section were contained in section
217 of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 523. Coordination and promotion of other programs affecting
veterans and their dependents
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall seek to achieve (1) the maximum feasible
effectiveness, coordination, and interrelationship of services among all
programs and activities affecting veterans and their dependents carried
out by and under all other departments, agencies, and instrumentalities
of the executive branch, and (2) the maximum feasible coordination of
such programs with programs carried out under this title. The Secretary
shall actively promote the effective implementation, enforcement, and
application of all provisions of law and regulations providing for
special consideration, emphasis, or preference for veterans.
(b) The Secretary shall seek to achieve the effective coordination of
the provision, under laws administered by the Department, of benefits
and services (and information about such benefits and services) with
appropriate programs (and information about such programs) conducted by
State and local governmental agencies and by private entities at the
State and local level. In carrying out this subsection, the Secretary
shall place special emphasis on veterans who are 65 years of age or
older.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 390.)
Prior sections 523 and 524 were renumbered sections 1523 and 1524 of
this title, respectively.
Provisions similar to those in this section were contained in section
220 of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 525. Publication of laws relating to veterans
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary may compile and publish all Federal laws relating
to veterans' relief, including laws administered by the Department as
well as by other agencies of the Government. Such compilation and
publication shall be in such form as the Secretary considers advisable
for the purpose of making currently available in convenient form for the
use of the Department and full-time representatives of the several
service organizations an annotated, indexed, and cross-referenced
statement of the laws providing veterans' relief.
(b) The Secretary may maintain such compilation on a current basis
either by the publication, from time to time, of supplementary documents
or by complete revision of the compilation.
(c) The distribution of the compilation to the representatives of the
several service organizations shall be as determined by the Secretary.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 391.)
Prior section 525 was renumbered section 1525 of this title.
Provisions similar to those in this section were contained in section
215 of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 527. Evaluation and data collection
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary, pursuant to general standards which the Secretary
shall prescribe in regulations, shall measure and evaluate on a
continuing basis the effect of all programs authorized under this title,
in order to determine their effectiveness in achieving stated goals in
general, and in achieving such goals in relation to their cost, their
effect on related programs, and their structure and mechanisms for
delivery of services. Such information as the Secretary may consider
necessary for purposes of such evaluations shall be made available to
the Secretary, upon request, by all departments, agencies, and
instrumentalities of the executive branch.
(b) In carrying out this section, the Secretary shall collect,
collate, and analyze on a continuing basis full statistical data
regarding participation (including the duration thereof), provision of
services, categories of beneficiaries, planning and construction of
facilities, acquisition of real property, proposed excessing of land,
accretion and attrition of personnel, and categorized expenditures
attributable thereto, under all programs carried out under this title.
(c) The Secretary shall make available to the public, and on a
regular basis provide to the appropriate committees of the Congress,
copies of all completed evaluative research studies and summaries of
evaluations of program impact and effectiveness carried out, and
tabulations and analyses of all data collected, under this section.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 391.)
Provisions similar to those in this section were contained in section
219 of this title prior to repeal by Pub. L. 102-83, 2(a).
Pub. L. 102-585, title VII, Nov. 4, 1992, 106 Stat. 4975, provided
that:
''SEC. 701. SHORT TITLE.
''This title may be cited as the 'Persian Gulf War Veterans' Health
Status Act'.
''SEC. 702. PERSIAN GULF WAR VETERANS HEALTH REGISTRY.
''(a) Establishment of Registry. -- The Secretary of Veterans Affairs
shall establish and maintain a special record to be known as the
'Persian Gulf War Veterans Health Registry' (in this section referred to
as the 'Registry').
''(b) Contents of Registry. -- Except as provided in subsection (c),
the Registry shall include the following information:
''(1) A list containing the name of each individual who served as a
member of the Armed Forces in the Persian Gulf theater of operations
during the Persian Gulf War and who --
''(A) applies for care or services from the Department of Veterans
Affairs under chapter 17 of title 38, United States Code;
''(B) files a claim for compensation under chapter 11 of such title
on the basis of any disability which may be associated with such
service;
''(C) dies and is survived by a spouse, child, or parent who files a
claim for dependency and indemnity compensation under chapter 13 of such
title on the basis of such service;
''(D) requests from the Department a health examination under section
703; or
''(E) receives from the Department of Defense a health examination
similar to the health examination referred to in subparagraph (D) and
requests inclusion in the Registry.
''(2) Relevant medical data relating to the health status of, and
other information that the Secretary considers relevant and appropriate
with respect to, each individual described in paragraph (1) who --
''(A) grants to the Secretary permission to include such information
in the Registry; or
''(B) at the time the individual is listed in the Registry, is
deceased.
''(c) Individuals Submitting Claims or Making Requests Before Date of
Enactment. -- If in the case of an individual described in subsection
(b)(1) the application, claim, or request referred to in such subsection
was submitted, filed, or made, before the date of the enactment of this
Act (Nov. 4, 1992), the Secretary shall, to the extent feasible, include
in the Registry such individual's name and the data and information, if
any, described in subsection (b)(2) relating to the individual.
''(d) Department of Defense Information. -- The Secretary of Defense
shall furnish to the Secretary of Veterans Affairs such information
maintained by the Department of Defense as the Secretary of Veterans
Affairs considers necessary to establish and maintain the Registry.
''(e) Relation to Department of Defense Registry. -- The Secretary of
Veterans Affairs, in consultation with the Secretary of Defense, shall
ensure that information is collected and maintained in the Registry in a
manner that permits effective and efficient cross-reference between the
Registry and the registry established under section 734 of the National
Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 105 Stat. 1411; 10 U.S.C. 1074 note), as amended by section
704.
''(f) Ongoing Outreach to Individuals Listed in Registry. -- The
Secretary of Veterans Affairs shall, from time to time, notify
individuals listed in the Registry of significant developments in
research on the health consequences of military service in the Persian
Gulf theater of operations during the Persian Gulf War.
''SEC. 703. HEALTH EXAMINATIONS AND COUNSELING FOR VETERANS ELIGIBLE
FOR INCLUSION IN CERTAIN HEALTH-RELATED REGISTRIES.
''(a) In General. -- (1) The Secretary of Veterans Affairs --
''(A) shall, upon the request of a veteran described in subsection
(b)(1), provide the veteran with a health examination and consultation
and counseling with respect to the results of the examination; and
''(B) may, upon the request of a veteran described in subsection
(b)(2), provide the veteran with such an examination and such
consultation and counseling.
''(2) The Secretary shall carry out appropriate outreach activities
with respect to the provision of any health examinations and
consultation and counseling services under paragraph (1).
''(b) Covered Veterans. -- (1) In accordance with subsection
(a)(1)(A), the Secretary shall provide an examination, consultation, and
counseling under that subsection to any veteran who is eligible for
listing or inclusion in the Persian Gulf War Veterans Health Registry
established by section 702.
''(2) In accordance with subsection (a)(1)(B), the Secretary may
provide an examination, consultation, and counseling under that
subsection to any veteran who is eligible for listing or inclusion in
any other similar health-related registry administered by the Secretary.
''SEC. 704. EXPANSION OF COVERAGE OF PERSIAN GULF REGISTRY.
''(Amended section 734 of Pub. L. 102-190, set out as a note under
section 1074 of Title 10, Armed Forces.)
''SEC. 705. STUDY BY OFFICE OF TECHNOLOGY ASSESSMENT OF PERSIAN GULF
REGISTRY AND PERSIAN GULF WAR VETERANS HEALTH REGISTRY.
''(a) Study. -- The Director of the Office of Technology Assessment
shall, in a manner consistent with the Technology Assessment Act of 1972
(2 U.S.C. 472(d) (2 U.S.C. 471 et seq.)), assess --
''(1) the potential utility of each of the Persian Gulf Registry and
the Persian Gulf War Veterans Health Registry for scientific study and
assessment of the intermediate and long-term health consequences of
military service in the Persian Gulf theater of operations during the
Persian Gulf War;
''(2) the extent to which each registry meets the requirements of the
provisions of law under which the registry is established;
''(3) the extent to which data contained in each registry --
''(A) are maintained in a manner that ensures permanent preservation
and facilitates the effective, efficient retrieval of information that
is potentially relevant to the scientific study of the intermediate and
long-term health consequences of military service in the Persian Gulf
theater of operations during the Persian Gulf War; and
''(B) would be useful for scientific study regarding such health
consequences;
''(4) the adequacy of any plans to update each of the registries;
''(5) the extent to which the Department of Defense or the Department
of Veterans Affairs, as the case may be, is assembling and maintaining
information on the Persian Gulf theater of operations (including
information on troop locations and atmospheric and weather conditions)
in a manner that facilitates the usefulness of, maintenance of, and
retrieval of information from, the applicable registry; and
''(6) the adequacy and compatibility of protocols for the health
examinations and counseling provided under section 703 and health
examinations provided by the Department of Defense to members of the
Armed Forces for the purpose of assessing the health status of members
of the Armed Forces who served in the Persian Gulf theater of operations
during the Persian Gulf War.
''(b) Access to Information. -- The Secretary of Veterans Affairs and
the Secretary of Defense shall provide the Director with access to such
records and information under the jurisdiction of each such secretary as
the Director determines necessary to permit the Director to carry out
the study required under this section.
''(c) Reports. -- The Director shall --
''(1) not later than 270 days after the date of the enactment of this
Act (Nov. 4, 1992), submit to Congress a report on the results of the
assessment carried out under this section of the Persian Gulf Registry
and health-examination protocols; and
''(2) not later than 15 months after such date, submit to Congress a
report on the results of the assessment carried out under this section
of the Persian Gulf War Veterans Health Registry.
''(d) Definitions. -- For the purposes of this section:
''(1) The term 'Persian Gulf Registry' means the registry established
under section 734 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1411; 10 U.S.C.
1074 note), as amended by section 704.
''(2) The term 'Persian Gulf War Veterans Health Registry' means the
Persian Gulf War Veterans Health Registry established under section 702.
''SEC. 706. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES FOR REVIEW OF
HEALTH CONSEQUENCES OF SERVICE DURING THE PERSIAN GULF WAR.
''(a) Agreement. -- (1) The Secretary of Veterans Affairs and
Secretary of Defense jointly shall seek to enter into an agreement with
the National Academy of Sciences for the Medical Follow-Up Agency (MFUA)
of the Institute of Medicine of the Academy to review existing
scientific, medical, and other information on the health consequences of
military service in the Persian Gulf theater of operations during the
Persian Gulf War.
''(2) The agreement shall require MFUA to provide members of veterans
organizations and members of the scientific community (including the
Director of the Office of Technology Assessment) with the opportunity to
comment on the method or methods MFUA proposes to use in conducting the
review.
''(3) The agreement shall permit MFUA, in conducting the review, to
examine and evaluate medical records of individuals who are included in
the registries referred to in section 705(d) for purposes that MFUA
considers appropriate, including the purpose of identifying illnesses of
those individuals.
''(4) The Secretary of Veterans Affairs and the Secretary of Defense
shall seek to enter into the agreement under this section not later than
180 days after the date of the enactment of this Act (Nov. 4, 1992).
''(b) Report. -- (1) The agreement under this section shall require
the National Academy of Sciences to submit to the committees and
secretaries referred to in paragraph (2) a report on the results of the
review carried out under the agreement. Such report shall contain the
following:
''(A) An assessment of the effectiveness of actions taken by the
Secretary of Veterans Affairs and the Secretary of Defense to collect
and maintain information that is potentially useful for assessing the
health consequences of the military service referred to in subsection
(a).
''(B) Recommendations on means of improving the collection and
maintenance of such information.
''(C) Recommendations on whether there is sound scientific basis for
an epidemiological study or studies on the health consequences of such
service, and if the recommendation is that there is sound scientific
basis for such a study or studies, the nature of the study or studies.
''(2) The committees and secretaries referred to in paragraph (1) are
the following:
''(A) The Committees on Veterans' Affairs of the Senate and House of
Representatives.
''(B) The Committees on Armed Services of the Senate and House of
Representatives.
''(C) The Secretary of Veterans Affairs.
''(D) The Secretary of Defense.
''(c) Funding. -- (1) The Secretary of Veterans Affairs and the
Secretary of Defense shall make available up to a total of $500,000 in
fiscal year 1993, from funds available to the Department of Veterans
Affairs and the Department of Defense in that fiscal year, to carry out
the review. Any amounts provided by the two departments shall be
provided in equal amounts.
''(2) If the Secretary of Veterans Affairs and the Secretary of
Defense enter into an agreement under subsection (a) with the National
Academy of Sciences --
''(A) the Secretary of Veterans Affairs shall make available $250,000
in each of fiscal years 1994 through 2003, from amounts available to the
Department of Veterans Affairs in each such fiscal year, to the National
Academy of Sciences for the general purposes of conducting
epidemiological research with respect to military and veterans
populations; and
''(B) the Secretary of Defense shall make available $250,000 in each
of fiscal years 1994 through 2003, from amounts available to the
Department of Defense in each such fiscal year, to the National Academy
of Sciences for the purposes of carrying out the research referred to in
subparagraph (A).
''SEC. 707. COORDINATION OF GOVERNMENT ACTIVITIES ON HEALTH-RELATED
RESEARCH ON THE PERSIAN GULF WAR.
''(a) Designation of Coordinating Organization. -- The President
shall designate, and may redesignate from time to time, the head of an
appropriate department or agency of the Federal Government to coordinate
all research activities undertaken or funded by the Executive Branch of
the Federal Government on the health consequences of military service in
the Persian Gulf theater of operations during the Persian Gulf War.
''(b) Report. -- Not later than March 1 of each year, the head of the
department or agency designated under subsection (a) shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the status and results of all such research
activities undertaken or by the Executive Branch of the Federal
Government during the previous year.
''SEC. 708. DEFINITION.
''For the purposes of this title, the term 'Persian Gulf War' has the
meaning given such term in section 101(33) of title 38, United States
Code.''
Pub. L. 102-405, title I, 107(a)-(f), Oct. 9, 1992, 106 Stat.
1976-1978, provided that:
''(a) Program Development. -- The Secretary shall assess all programs
developed by facilities of the Department of Veterans Affairs which have
been designed to assist homeless veterans. To the maximum extent
practicable, the Secretary shall seek to replicate at other facilities
of the Department those programs that have as a goal the rehabilitation
of homeless veterans and which the Secretary has determined to be
successful in achieving that goal by fostering reintegration of homeless
veterans into the community and employment of such veterans.
''(b) Assessment and Coordination. -- (1) In carrying out subsection
(a), the Secretary shall require the director of each medical center or
the director of each regional benefits office to make an assessment of
the needs of homeless veterans living within the area served by the
medical center or regional office, as the case may be.
''(2) Each such assessment shall be made in coordination with
representatives of State and local governments, other appropriate
departments and agencies of the Federal Government, and nongovernmental
organizations that have experience working with homeless persons in that
area.
''(3) Each such assessment shall identify the needs of homeless
veterans with respect to the following:
''(A) Health care.
''(B) Education and training.
''(C) Employment.
''(D) Shelter.
''(E) Counseling.
''(F) Outreach services.
''(4) Each assessment shall also indicate the extent to which the
needs referred to in paragraph (3) are being met adequately by the
programs of the Department, of other departments and agencies of the
Federal Government, of State and local governments, and of
nongovernmental organizations.
''(5) Each assessment shall be carried out in accordance with uniform
procedures and guidelines prescribed by the Secretary.
''(c) Planning. -- In furtherance of subsection (a), the Secretary
shall require the director of each medical center and the director of
each regional benefits office, in coordination with representatives of
State and local governments, other Federal officials, and
nongovernmental organizations that have experience working with homeless
persons in the areas served by such facility, to --
''(1) develop a list of all public and private programs that provide
assistance to homeless persons or homeless veterans in the area
concerned, together with a description of the services offered by those
programs; and
''(2) seek to encourage the development by the representatives of
such entities, in coordination with the director, of a plan to
coordinate among such public and private programs the provision of
services to homeless veterans.
''(d) Services. -- In furtherance of subsection (a), the Secretary
shall require the director of each medical center or regional benefits
office, in carrying out such director's responsibilities under title 38,
United States Code, to take appropriate action to --
''(1) meet, to the maximum extent practicable through existing
programs and available resources, the needs of homeless veterans that
are identified in the assessment conducted under subsection (b); and
''(2) attempt to inform homeless veterans whose needs the director
cannot meet under paragraph (1) of the services available to such
veterans within the area served by such center or office.
''(e) Authority To Accept Donations for Certain Programs. -- The
Secretary may accept donations of funds and services for the purposes of
providing one-stop, non-residential services and mobile support teams
and for expanding the medical services to homeless veterans eligible for
such services from the Department of Veterans Affairs.
''(f) Definitions. -- As used in subsections (a) through (e):
''(1) The term 'medical center' means a medical center of the
Department of Veterans Affairs.
''(2) The term 'regional benefits office' means a regional benefits
office of the Department of Veterans Affairs.
''(3) The term 'veteran' has the meaning given such term in section
101(2) of title 38, United States Code.
''(4) The term 'homeless' has the meaning given such term in section
103(a), as limited by section 103(c), of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11302(a)).''
38 USC 529. Annual report to Congress
TITLE 38 -- VETERANS' BENEFITS
The Secretary shall submit annually, at the close of each fiscal
year, a report in writing to Congress. Each such report shall --
(1) give an account of all moneys received and disbursed by the
Department for such fiscal year;
(2) describe the work done during such fiscal year; and
(3) state the activities of the Department for such fiscal year.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 391.)
Provisions similar to those in this section were contained in section
214 of this title prior to repeal by Pub. L. 102-83, 2(a).
Prior section 531, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137;
Pub. L. 90-77, title I, 105, Aug. 31, 1967, 81 Stat. 179, which
provided for a monthly pension to widows of Mexican War veterans, was
repealed by Pub. L. 94-169, title I, 101(2)(F), Dec. 23, 1975, 89
Stat. 1014, effective Jan. 1, 1976.
Prior sections 532 to 537 were renumbered sections 1532 to 1537 of
this title, respectively.
38 USC SUBCHAPTER III -- ADVISORY COMMITTEES
TITLE 38 -- VETERANS' BENEFITS
38 USC 541. Advisory Committee on Former Prisoners of War
TITLE 38 -- VETERANS' BENEFITS
(a)(1) The Secretary shall establish an advisory committee to be
known as the Advisory Committee on Former Prisoners of War (hereinafter
in this section referred to as the ''Committee'').
(2)(A) The members of the Committee shall be appointed by the
Secretary from the general public and shall include --
(i) appropriate representatives of veterans who are former prisoners
of war;
(ii) individuals who are recognized authorities in fields pertinent
to disabilities prevalent among former prisoners of war, including
authorities in epidemiology, mental health, nutrition, geriatrics, and
internal medicine; and
(iii) appropriate representatives of disabled veterans.
(B) The Committee shall also include, as ex officio members, the
Under Secretary for Health and the Under Secretary for Benefits, or
their designees.
(3) The Secretary shall determine the number, terms of service, and
pay and allowances of members of the Committee appointed by the
Secretary, except that the term of service of any such member may not
exceed three years.
(b) The Secretary shall, on a regular basis, consult with and seek
the advice of the Committee with respect to the administration of
benefits under this title for veterans who are former prisoners of war
and the needs of such veterans with respect to compensation, health
care, and rehabilitation.
(c)(1) Not later than July 1 of each odd-numbered year, the Committee
shall submit to the Secretary a report on the programs and activities of
the Department that pertain to veterans who are former prisoners of war.
Each such report shall include --
(A) an assessment of the needs of such veterans with respect to
compensation, health care, and rehabilitation;
(B) a review of the programs and activities of the Department
designed to meet such needs; and
(C) such recommendations (including recommendations for
administrative and legislative action) as the Committee considers to be
appropriate.
(2) The Secretary shall, within 60 days after receiving each report
under paragraph (1), submit to the Congress a copy of the report,
together with any comments concerning the report that the Secretary
considers appropriate.
(3) The Committee may also submit to the Secretary such other reports
and recommendations as the Committee considers appropriate.
(4) The Secretary shall submit with each annual report submitted to
the Congress pursuant to section 529 of this title a summary of all
reports and recommendations of the Committee submitted to the Secretary
since the previous annual report of the Secretary submitted to the
Congress pursuant to that section.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 392; amended
Pub. L. 102-405, title III, 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)
Prior section 541 was renumbered section 1541 of this title.
Provisions similar to those in this section were contained in section
221 of this title prior to repeal by Pub. L. 102-83, 2(a).
1992 -- Subsec. (a)(2)(B). Pub. L. 102-405 substituted ''Under
Secretary for Health'' for ''Chief Medical Director'' and ''Under
Secretary for Benefits'' for ''Chief Benefits Director''.
Advisory committees established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a committee established by
the President or an officer of the Federal Government, such committee is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a committee established by the Congress, its
duration is otherwise provided by law. See section 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title
5, Government Organization and Employees.
38 USC 542. Advisory Committee on Women Veterans
TITLE 38 -- VETERANS' BENEFITS
(a)(1) The Secretary shall establish an advisory committee to be
known as the Advisory Committee on Women Veterans (hereinafter in this
section referred to as ''the Committee'').
(2)(A) The Committee shall consist of members appointed by the
Secretary from the general public, including --
(i) representatives of women veterans;
(ii) individuals who are recognized authorities in fields pertinent
to the needs of women veterans, including the gender-specific
health-care needs of women; and
(iii) representatives of both female and male veterans with
service-connected disabilities, including at least one female veteran
with a service-connected disability and at least one male veteran with a
service-connected disability.
(B) The Committee shall include, as ex officio members --
(i) the Secretary of Labor (or a representative of the Secretary of
Labor designated by the Secretary after consultation with the Assistant
Secretary of Labor for Veterans' Employment);
(ii) the Secretary of Defense (or a representative of the Secretary
of Defense designated by the Secretary of Defense after consultation
with the Defense Advisory Committee on Women in the Services); and
(iii) the Under Secretary for Health and the Under Secretary for
Benefits, or their designees.
(C) The Secretary may invite representatives of other departments and
agencies of the United States to participate in the meetings and other
activities of the Committee.
(3) The Secretary shall determine the number, terms of service, and
pay and allowances of members of the Committee appointed by the
Secretary, except that a term of service of any such member may not
exceed three years. The Secretary may reappoint any such member for
additional terms of service.
(b) The Secretary shall, on a regular basis, consult with and seek
the advice of the Committee with respect to the administration of
benefits by the Department for women veterans, reports and studies
pertaining to women veterans and the needs of women veterans with
respect to compensation, health care, rehabilitation, outreach, and
other benefits and programs administered by the Department.
(c)(1) Not later than July 1 of each even-numbered year, the
Committee shall submit to the Secretary a report on the programs and
activities of the Department that pertain to women veterans. Each such
report shall include --
(A) an assessment of the needs of women veterans with respect to
compensation, health care, rehabilitation, outreach, and other benefits
and programs administered by the Department;
(B) a review of the programs and activities of the Department
designed to meet such needs; and
(C) such recommendations (including recommendations for
administrative and legislative action) as the Committee considers
appropriate.
(2) The Secretary shall, within 60 days after receiving each report
under paragraph (1), submit to the Congress a copy of the report,
together with any comments concerning the report that the Secretary
considers appropriate.
(3) The Committee may also submit to the Secretary such other reports
and recommendations as the Committee considers appropriate.
(4) The Secretary shall submit with each annual report submitted to
the Congress pursuant to section 529 of this title a summary of all
reports and recommendations of the Committee submitted to the Secretary
since the previous annual report of the Secretary submitted pursuant to
such section.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 393; amended
Pub. L. 102-405, title III, 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)
Prior section 542 was renumbered section 1542 of this title.
Provisions similar to those in this section were contained in section
222 of this title prior to repeal by Pub. L. 102-83, 2(a).
1992 -- Subsec. (a)(2)(B)(iii). Pub. L. 102-405 substituted ''Under
Secretary for Health'' for ''Chief Medical Director'' and ''Under
Secretary for Benefits'' for ''Chief Benefits Director''.
Reference to Assistant Secretary of Labor for Veterans' Employment in
any law in force on Nov. 6, 1986, deemed to be a reference to Assistant
Secretary of Labor for Veterans' Employment and Training, see section
2(b)(3) of Pub. L. 99-619, set out as a References in Other Laws note
under section 553 of Title 29, Labor.
Advisory committees established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a committee established by
the President or an officer of the Federal Government, such committee is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a committee established by the Congress, its
duration is otherwise provided by law. See section 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title
5, Government Organization and Employees.
38 USC 543. Advisory Committee on Prosthetics and Special-Disabilities
Programs
TITLE 38 -- VETERANS' BENEFITS
(a) There is in the Department an advisory committee known as the
Advisory Committee on Prosthetics and Special-Disabilities Programs
(hereinafter in this section referred to as the ''Committee'').
(b) The objectives and scope of activities of the Committee shall
relate to --
(1) prosthetics and special-disabilities programs administered by the
Secretary;
(2) the coordination of programs of the Department for the
development and testing of, and for information exchange regarding,
prosthetic devices;
(3) the coordination of Department and non-Department programs that
involve the development and testing of prosthetic devices; and
(4) the adequacy of funding for the prosthetics and
special-disabilities programs of the Department.
(c) The Secretary shall, on a regular basis, consult with and seek
the advice of the Committee on the matters described in subsection (b).
(d) Not later than January 15 of 1993, 1994, and 1995, the Committee
shall submit to the Secretary and the Committees on Veterans' Affairs of
the Senate and House of Representatives a report on the effectiveness of
the prosthetics and special-disabilities programs administered by the
Secretary during the preceding fiscal year. Not more than 60 days after
the date on which any such report is received by the Secretary, the
Secretary shall submit a report to such committees commenting on the
report of the Committee.
(e) As used in this section, the term ''special-disabilities
programs'' includes all programs administered by the Secretary for --
(1) spinal-cord-injured veterans;
(2) blind veterans;
(3) veterans who have lost or lost the use of extremities;
(4) hearing-impaired veterans; and
(5) other veterans with serious incapacities in terms of daily life
functions.
(Added Pub. L. 102-405, title I, 105(b)(1), Oct. 9, 1992, 106 Stat.
1975.)
Prior section 543 was renumbered section 1543 of this title.
Prior section 544, added Pub. L. 90-77, title I, 108(a), Aug. 31,
1967, 81 Stat. 180; amended Pub. L. 91-588, 3(a), Dec. 24, 1970, 84
Stat. 1583; Pub. L. 93-527, 5, Dec. 21, 1974, 88 Stat. 1704; Pub.
L. 94-169, title I, 105, Dec. 23, 1975, 89 Stat. 1017; Pub. L.
94-432, title II, 205, Sept. 30, 1976, 90 Stat. 1371; Pub. L.
95-204, title I, 104, Dec. 2, 1977, 91 Stat. 1457, which authorized
an increase by $79 of the monthly rate of pension payable to the
surviving spouse if the surviving spouse was entitled to pension under
subchapter III of chapter 15 of this title and was in need of regular
aid and attendance, was repealed by Pub. L. 95-588, title I,
112(a)(1), title IV, 401, Nov. 4, 1978, 92 Stat. 2505, 2511,
effective Jan. 1, 1979.
Another prior section 544, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1139, which authorized the payment of a pension to children of World War
II or Korean conflict veterans, was omitted by Pub. L. 86-211, 4,
Aug. 29, 1950, 73 Stat. 434, which amended subchapter III of chapter
15 of this title generally. See sections 1542 and 1543 of this title.
Prior section 545 of this title, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1139, which authorized the payment of a pension to children of
World War II or Korean conflict veterans and prescribed income
limitations, was omitted by Pub. L. 86-211, 4, Aug. 29, 1959, 73
Stat. 434, which amended subchapter III of chapter 15 of this title
generally. See section 1543 of this title.
Prior sections 560 to 562 were renumbered sections 1560 to 1562 of
this title, respectively.
Prior sections 601 to 603 and 610 to 613 were renumbered sections
1701 to 1703 and 1710 to 1713 of this title, respectively.
Another prior section 613, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1143, which related to fitting and training in use of prosthetic
appliances, was repealed by section 103(b) of Pub. L. 93-82. See
section 1714(a) of this title.
Prior sections 614 to 620C were renumbered sections 1714 to 1720C of
this title, respectively.
Another prior section 620C, added Pub. L. 100-6, 2(a), Feb. 12,
1987, 101 Stat. 92, which related to community-based psychiatric
residential treatment for chronically mentally ill veterans, was
repealed by Pub. L. 100-322, title I, 115(g)(1), May 20, 1988, 102
Stat. 502. See section 115(a)-(f) of Pub. L. 100-322, set out as a
note under section 1712 of this title.
Prior sections 621 to 624 were renumbered sections 1721 to 1724 of
this title, respectively.
Prior section 625, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1144;
Pub. L. 91-24, 6(a), June 11, 1969, 83 Stat. 34, which related to
arrests for crimes in hospital and domiciliary reservations, was
repealed by Pub. L. 93-43, 4(b), 10(a), June 18, 1973, 87 Stat. 79,
88, effective June 18, 1973.
Prior sections 626 to 631 were renumbered sections 1726 to 1731 of
this title, respectively.
Another prior section 631, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1145; Pub. L. 91-24, 6(b), June 11, 1969, 83 Stat. 34, dealing with
grants to the Republic of the Philippines, was repealed by section
107(a) of Pub. L. 93-82.
Prior section 632 was renumbered section 1732 of this title.
Another prior section 632, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1146; Pub. L. 88-40, June 13, 1963, 77 Stat. 66; Pub. L. 89-612, 2,
Sept. 30, 1966, 80 Stat. 859; Pub. L. 91-24, 6(c), June 11, 1969, 83
Stat. 34, relating to modification of agreement with the Republic of
the Philippines effectuating the Act of July 1, 1948, was repealed by
section 107(a) of Pub. L. 93-82.
Prior sections 633 to 635 and 641 to 643 were renumbered sections
1733 to 1735 and 1741 to 1743 of this title, respectively.
Prior section 644, added Pub. L. 91-178, 2(a), Dec. 30, 1969, 83
Stat. 836; amended Pub. L. 93-82, title IV, 403(b), Aug. 2, 1973,
87 Stat. 196, which authorized appropriations to be used for making
grants to States which had submitted and had approved applications for
assistance in remodeling, modification, or alteration of existing
hospital or domiciliary facilities in State homes providing care and
treatment for veterans, was repealed by Pub. L. 95-62, 2, 5, July 5,
1977, 91 Stat. 262, 263, effective Oct. 1, 1977, but with provision
for the continuing force and effect of the terms and conditions of
grants made prior to Oct. 1, 1977, under prior section 644 and with
additional provision for the modification of the terms and conditions of
both grants made under that section prior to Oct. 1, 1977, and of
grants made under subchapter III of chapter 81 of this title prior to
Oct. 1, 1977.
Prior sections 651 to 654 and 661 to 664 were renumbered sections
1751 to 1754 and 1761 to 1764 of this title, respectively.
Section 105(a) of Pub. L. 102-405 provided that: ''The Federal
advisory committee established by the Secretary and known as the
Prosthetics Service Advisory Committee shall after the date of the
enactment of this Act (Oct. 9, 1992) be known as the Advisory Committee
on Prosthetics and Special-Disabilities Programs and shall operate as
though such committee had been established by law. Notwithstanding any
other provision of law, the Committee may, upon the enactment of this
Act, meet and act on any matter covered by subsection (b) of section 543
of title 38, United States Code, as added by subsection (b) of this
section.''
Advisory committees established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a committee established by
the President or an officer of the Federal Government, such committee is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a committee established by Congress, its
duration is otherwise provided by law. See section 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title
5, Government Organization and Employees.
38 USC CHAPTER 7 -- EMPLOYEES
TITLE 38 -- VETERANS' BENEFITS
Sec.
701. Placement of employees in military installations.
703. Miscellaneous authorities respecting employees.
705. Telephone service for medical officers and facility directors.
707. Benefits for employees at overseas offices who are United
States citizens.
709. Employment restrictions.
711. Grade reductions.
38 USC 701. Placement of employees in military installations
TITLE 38 -- VETERANS' BENEFITS
The Secretary may place employees of the Department in such Army,
Navy, and Air Force installations as may be considered advisable for the
purpose of adjudicating disability claims of, and giving aid and advice
to, members of the Armed Forces who are about to be discharged or
released from active military, naval, or air service.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 394.)
Prior sections 701 and 702 were renumbered sections 1901 and 1902 of
this title, respectively.
Provisions similar to those in this section were contained in section
231 of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 703. Miscellaneous authorities respecting employees
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary may furnish and launder such wearing apparel as may
be prescribed for employees in the performance of their official duties.
(b) The Secretary may transport children of Department employees
located at isolated stations to and from school in available
Government-owned automotive equipment.
(c) The Secretary may provide recreational facilities, supplies, and
equipment for the use of patients in hospitals and employees in isolated
installations.
(d) The Secretary may provide for the preparation, shipment,
installation, and display of exhibits, photographic displays, moving
pictures, and other visual educational information and descriptive
material. For the purposes of the preceding sentence, the Secretary may
purchase or rent equipment.
(e) The Secretary may reimburse employees for the cost of repairing
or replacing their personal property damaged or destroyed by patients or
domiciliary members while such employees are engaged in the performance
of their official duties.
(f)(1) The Secretary, upon determining that an emergency situation
exists and that such action is necessary for the effective conduct of
the affairs of the Department, may use Government-owned, or leased,
vehicles to transport employees to and from their place of employment
and the nearest adequate public transportation or, if such public
transportation is either unavailable or not feasible to use, to and from
their place of employment and their home.
(2) The Secretary shall establish reasonable rates to cover the cost
of the service rendered under this subsection, and all proceeds
collected therefrom shall be applied to the applicable appropriation.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 394.)
Prior sections 703 and 704 were renumbered sections 1903 and 1904 of
this title, respectively.
Provisions similar to those in this section were contained in section
233 of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 705. Telephone service for medical officers and facility
directors
TITLE 38 -- VETERANS' BENEFITS
The Secretary may pay for official telephone service and rental in
the field whenever incurred in case of official telephones for directors
of centers, hospitals, independent clinics, domiciliaries, and medical
officers of the Department where such telephones are installed in
private residences or private apartments or quarters, when authorized
under regulations prescribed by the Secretary.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 395.)
Prior sections 705 and 706 were renumbered sections 1905 and 1906 of
this title, respectively.
Provisions similar to those in this section were contained in section
234 of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 707. Benefits for employees at overseas offices who are United
States citizens
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary may, under such rules and regulations as may be
prescribed by the President or the President's designee, provide to
personnel of the Department who are United States citizens and are
assigned by the Secretary to the Department offices in the Republic of
the Philippines allowances and benefits similar to those provided by the
following provisions of law:
(1) Section 905 of the Foreign Service Act of 1980 (relating to
allowances to provide for the proper representation of the United
States).
(2) Sections 901(1), (2), (3), (4), (7), (8), (9), (11), and (12) of
the Foreign Service Act of 1980 (relating to travel expenses).
(3) Section 901(13) of the Foreign Service Act of 1980 (relating to
transportation of automobiles).
(4) Section 903 of the Foreign Service Act of 1980 (relating to the
return of personnel to the United States on leave of absence).
(5) Section 904(d) of the Foreign Service Act of 1980 (relating to
payments by the United States of expenses for treating illness or injury
of officers or employees and dependents requiring hospitalization).
(6) Section 5724a(a)(3) of title 5 (relating to subsistence expenses
for 60 days in connection with the return to the United States of the
employee and such employee's immediate family).
(7) Section 5724a(a)(4) of title 5 (relating to the sale and purchase
of the residence or settlement of an unexpired lease of the employee
when transferred from one station to another station and both stations
are in the United States, its territories or possessions, or the
Commonwealth of Puerto Rico).
(b) The authority in subsection (a) supplements, but is not in lieu
of, other allowances and benefits for overseas employees of the
Department provided by title 5 and the Foreign Service Act of 1980 (22
U.S.C. 3901 et seq.).
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 395.)
The Foreign Service Act of 1980, referred to in subsecs. (a)(1)-(5)
and (b), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended,
which is classified principally to chapter 52 ( 3901 et seq.) of Title
22, Foreign Relations and Intercourse. Sections 901, 903, 904(d), and
905 of the Foreign Service Act of 1980 are classified to sections 4081,
4083, 4084(d), and 4085, respectively of Title 22. For complete
classification of this Act to the Code, see Short Title note set out
under section 3901 of Title 22 and Tables.
Prior sections 707 and 708 were renumbered sections 1907 and 1908 of
this title, respectively.
Provisions similar to those in this section were contained in section
235 of this title prior to repeal by Pub. L. 102-83, 2(a).
Ex. Ord. No. 12228, July 24, 1980, 45 F.R. 49903, as amended by Ex.
Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided:
By the authority vested in me as President of the United States of
America by Sections 7 and 8 of the Defense Department Overseas Teachers
Pay and Personnel Practices Act of 1959, as amended (20 U.S.C. 905-906),
Section 235 (see 707) of Title 38 of the United States Code, and Section
301 of Title 3 of the United States Code, and in order to delegate
authority with respect to allowances for Veterans Administration (now
Department of Veterans Affairs) personnel and to update existing
authorities, it is hereby ordered as follows:
1-101. Payment of the additional compensation authorized by Section
8(a)(2) of the Defense Department Overseas Teachers Pay and Personnel
Practices Act of 1959, as amended, shall be governed by the regulations
contained in Executive Order No. 10000, as amended (set out as a note
under section 5941 of Title 5, Government Organization and Employees),
which govern the payment of additional compensation in foreign areas
(referred to as foreign post differential), subject to the provisions of
Section 8(b) of that Act (20 U.S.C. 906(a)(2) and (b)).
1-102. The following functions vested in the President are delegated
to the Secretary of State:
(a) That part of the functions in Section 7(a) of the Defense
Department Overseas Teachers Pay and Personnel Practices Act which
consists of the authority to prescribe regulations relating to quarters
and quarters allowances (20 U.S.C. 905(a)).
(b) The authority in Section 8(a)(1) of the Defense Department
Overseas Teachers Pay and Personnel Practices Act to prescribe
regulations relating to cost of living allowances (20 U.S.C.
906(a)(1)).
(c) The following authority in Section 235 (see 707) of Title 38 of
the United States Code to prescribe rules and regulations:
(1) Section 235(2) (see 707(2)), except as that section pertains to
an allowance similar to that provided for in Section 901(6) of the
Foreign Service Act of 1980 (22 U.S.C. 4081(6));
(2) Section 235(3) (see 707(3));
(3) Section 235(5) (see 707(5));
(4) Section 235(6) (see 707(6)); and
(5) Section 235(7) (see 707(7)).
1-103. The following functions vested in the President by Section 235
(see 707) of Title 38 of the United States Code are delegated to the
Administrator of the Veterans Administration (now Secretary of Veterans
Affairs). The authority with respect to the allowances or benefits of
paragraphs (1) and (4) of Section 235 (see 707(1), (4)) which are
similar to the benefits and allowances provided in the sections of the
Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), designated in
those paragraphs.
1-104. Executive Order No. 10853 (not classified to Code), as
amended, is revoked. The rules and regulations which were prescribed by
the Secretary of State or the Administrator of the Veterans
Administration (now Secretary of Veterans Affairs) pursuant to Executive
Order No. 10853, as amended, and which would be valid if issued
pursuant to this Order, shall be deemed to have been issued under this
Order.
38 USC 709. Employment restrictions
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Notwithstanding section 3134(d) of title 5, the number of
Senior Executive Service positions in the Department which are filled by
noncareer appointees in any fiscal year may not at any time exceed 5
percent of the average number of senior executives employed in Senior
Executive Service positions in the Department during the preceding
fiscal year.
(2) For purposes of this subsection, the average number of senior
executives employed in Senior Executive Service positions in the
Department during a fiscal year shall be equal to 25 percent of the sum
of the total number of senior executives employed in Senior Executive
Service positions in the Department on the last day of each quarter of
such fiscal year.
(b) The number of positions in the Department which may be excepted
from the competitive service, on a temporary or permanent basis, because
of their confidential or policy-determining character may not at any
time exceed the equivalent of 15 positions.
(c)(1) Political affiliation or activity may not be taken into
account in connection with the appointment of any person to any position
in or to perform any service for the Department or in the assignment or
advancement of any employee in the Department.
(2) Paragraph (1) shall not apply --
(A) to the appointment of any person by the President under this
title, other than the appointment of the Under Secretary for Health, the
Under Secretary for Benefits, and the Inspector General; or
(B) to the appointment of any person to (i) a Senior Executive
Service position as a noncareer appointee, or (ii) a position that is
excepted from the competitive service, on a temporary or permanent
basis, because of the confidential or policy-determining character of
the position.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 395; amended
Pub. L. 102-405, title III, 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)
Prior sections 709 and 710 were renumbered sections 1909 and 1910 of
this title, respectively.
Provisions similar to those in this section were contained in section
12 of Pub. L. 100-527, known as the Department of Veterans Affairs Act,
prior to repeal by Pub. L. 102-83, 3(3).
1992 -- Subsec. (c)(2)(A). Pub. L. 102-405 substituted ''Under
Secretary for Health'' for ''Chief Medical Director'' and ''Under
Secretary for Benefits'' for ''Chief Benefits Director''.
38 USC 711. Grade reductions
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary may not implement a grade reduction described in
subsection (b) unless the Secretary first submits to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report
containing a detailed plan for such reduction and a detailed
justification for the plan. The report shall include a determination by
the Secretary (together with data supporting such determination) that,
in the personnel area concerned, the Department has a disproportionate
number of employees at the salary grade or grades selected for reduction
in comparison to the number of such employees at the salary levels
involved who perform comparable functions in other departments and
agencies of the Federal Government and in non-Federal entities. Any
grade reduction described in such report may not take effect until the
end of a period of 90 calendar days (not including any day on which
either House of Congress is not in session) after the report is received
by the committees. /1/
(b) A grade reduction referred to in subsection (a) is a systematic
reduction, for the purpose of reducing the average salary cost for
Department employees described in subsection (c), in the number of such
Department employees at a specific grade level.
(c) The employees referred to in subsection (b) are --
(1) health-care personnel who are determined by the Secretary to be
providing either direct patient-care services or services incident to
direct patient-care services;
(2) individuals who meet the definition of professional employee as
set forth in section 7103(a)(15) of title 5; and
(3) individuals who are employed as computer specialists.
(d) Not later than the 45th day after the Secretary submits a report
under subsection (a), the Comptroller General shall submit to such
Committees a report on the Secretary's compliance with such subsection.
The Comptroller General shall include in the report the Comptroller
General's opinion as to the accuracy of the Secretary's determination
(and of the data supporting such determination) made under such
subsection.
(e) In the case of Department employees not described in subsection
(c), the Secretary may not in any fiscal year implement a systematic
reduction for the purpose of reducing the average salary cost for such
Department employees that will result in a reduction in the number of
such Department employees at any specific grade level at a rate greater
than the rate of the reductions systematically being made in the numbers
of employees at such grade level in all other agencies and departments
of the Federal Government combined.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 396.)
Prior section 711 was renumbered section 1911 of this title.
Provisions similar to those in this section were contained in former
section 210(b)(3) of this title prior to repeal by Pub. L. 102-83,
2(a).
Prior sections 712 to 729, 740 to 763, 765 to 779, 781 to 788, and
801 to 806 were renumbered sections 1912 to 1929, 1940 to 1963, 1965 to
1979, 1981 to 1988, and 2101 to 2106 of this title, respectively.
/1/ So in original. Probably should be capitalized.
38 USC CHAPTER 9 -- SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE
JURISDICTION OF THE DEPARTMENT
TITLE 38 -- VETERANS' BENEFITS
Sec.
901. Authority to prescribe rules for conduct and penalties for
violations.
902. Enforcement and arrest authority of Department police officers.
903. Uniform allowance.
904. Equipment and weapons.
905. Use of facilities and services of other law enforcement
agencies.
38 USC 901. Authority to prescribe rules for conduct and penalties for
violations
TITLE 38 -- VETERANS' BENEFITS
(a)(1) The Secretary shall prescribe regulations to provide for the
maintenance of law and order and the protection of persons and property
on Department property.
(2) In this chapter, the term ''Department property'' means land and
buildings that are under the jurisdiction of the Department and are not
under control of the Administrator of General Services.
(b) Regulations under subsection (a) shall include --
(1) rules for conduct on Department property; and
(2) the penalties, within the limits specified in subsection (c), for
violations of such rules.
(c) Whoever violates any rule prescribed by regulation under
subsection (b)(1) shall be fined in accordance with title 18 or
imprisoned not more than six months, or both. The Secretary may
prescribe by regulation a maximum fine less than that which would
otherwise apply under the preceding sentence or a maximum term of
imprisonment of a shorter period than that which would otherwise apply
under the preceding sentence, or both. Any such regulation shall apply
notwithstanding any provision of title 18 or any other law to the
contrary.
(d) The rules prescribed under subsection (a), together with the
penalties for violations of such rules, shall be posted conspicuously on
property to which they apply.
(e) The Secretary shall consult with the Attorney General before
prescribing regulations under this section.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 397.)
Prior section 901 was renumbered section 2301 of this title.
Provisions similar to those in this section were contained in section
218(a) of this title prior to repeal by Pub. L. 102-83, 2(a).
Protection of Federal property under jurisdiction of Administrator of
General Services, see sections 318 to 318d of Title 40, Public
Buildings, Property, and Works.
38 USC 902. Enforcement and arrest authority of Department police
officers
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Employees of the Department who are Department police officers
shall, with respect to acts occurring on Department property, enforce --
(A) Federal laws;
(B) the rules prescribed under section 901 of this title; and
(C) subject to paragraph (2), traffic and motor vehicle laws of a
State or local government within the jurisdiction of which such
Department property is located.
(2) A law described in subparagraph (C) of paragraph (1) may be
enforced under such subparagraph only as authorized by an express grant
of authority under applicable State or local law. Any such enforcement
shall be by the issuance of a citation for violation of such law.
(3) Subject to regulations prescribed under subsection (b), a
Department police officer may make arrests on Department property for a
violation of a Federal law or any rule prescribed under section 901(a)
of this title.
(b) The Secretary shall prescribe regulations with respect to
Department police officers. Such regulations shall include --
(1) policies with respect to the exercise by Department police
officers of the enforcement and arrest authorities provided by this
section;
(2) the scope and duration of training that is required for
Department police officers, with particular emphasis on dealing with
situations involving patients; and
(3) rules limiting the carrying and use of weapons by Department
police officers.
(c) The Secretary shall consult with the Attorney General before
prescribing regulations under paragraph (1) of subsection (b).
(d) Rates of basic pay for Department police officers may be
increased by the Secretary under section 7455 of this title.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 397.)
Prior section 902 was renumbered section 2302 of this title.
Provisions similar to those in this section were contained in section
218(b) of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 903. Uniform allowance
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary may pay an allowance under this section for the
purchase of uniforms to any Department police officer who is required to
wear a prescribed uniform in the performance of official duties.
(b) The amount of the allowance that the Secretary may pay under this
section --
(1) may be based on estimated average costs or actual costs;
(2) may vary by geographic regions; and
(3) except as provided in subsection (c), may not exceed $200 in a
fiscal year for any police officer.
(c) The amount of an allowance under this section may be increased to
an amount up to $400 for not more than one fiscal year in the case of
any Department police officer. In the case of a person who is appointed
as a Department police officer on or after January 1, 1990, an allowance
in an amount established under this subsection shall be paid at the
beginning of such person's employment as such an officer. In the case
of any other Department police officer, an allowance in an amount
established under this subsection shall be paid upon the request of the
officer.
(d) A police officer who resigns as a police officer less than one
year after receiving an allowance in an amount established under this
section shall repay to the Department a pro rata share of the amount
paid, based on the number of months the officer was actually employed as
such an officer during the twelve-month period following the date on
which such officer began such employment or the date on which the
officer submitted a request for such an allowance, as the case may be.
(e) An allowance may not be paid to a Department police officer under
this section and under section 5901 of title 5 for the same fiscal year.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 398.)
Prior section 903 was renumbered section 2303 of this title.
Provisions similar to those in this section were contained in section
218(c) of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 904. Equipment and weapons
TITLE 38 -- VETERANS' BENEFITS
The Secretary shall furnish Department police officers with such
weapons and related equipment as the Secretary determines to be
necessary and appropriate.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 399.)
Prior section 904 was renumbered section 2304 of this title.
Provisions similar to those in this section were contained in section
218(d) of this title prior to repeal by Pub. L. 102-83, 2(a).
38 USC 905. Use of facilities and services of other law enforcement
agencies
TITLE 38 -- VETERANS' BENEFITS
With the permission of the head of the agency concerned, the
Secretary may use the facilities and services of Federal, State, and
local law enforcement agencies when it is economical and in the public
interest to do so.
(Added Pub. L. 102-83, 2(a), Aug. 6, 1991, 105 Stat. 399.)
Prior section 905 was renumbered section 2305 of this title.
Provisions similar to those in this section were contained in section
218(e) of this title prior to repeal by Pub. L. 102-83, 2(a).
Prior sections 906 to 908 and 1000 to 1010 were renumbered sections
2306 to 2308 and 2400 to 2410 of this title, respectively.
38 USC PART II -- GENERAL BENEFITS
TITLE 38 -- VETERANS' BENEFITS
Chap. Sec.
11.
Compensation for Service-Connected Disability or Death 1101
13.
Dependency and Indemnity Compensation for Service-Connected Deaths
1301
15.
Pension for Non-Service-Connected Disability or Death or for Service
1501
17.
Hospital, Nursing Home, Domiciliary, and Medical Care 1701
19.
Insurance 1901
21.
Specially Adapted Housing for Disabled Veterans 2101
23.
Burial Benefits 2301
24.
National cemeteries and memorials 2400
1991 -- Pub. L. 102-83, 5(b)(2), Aug. 6, 1991, 105 Stat. 406,
renumbered references to section numbers by substituting ''1101'' for
''301'' in item for chapter 11, ''1301'' for ''401'' in item for chapter
13, ''1501'' for ''501'' in item for chapter 15, ''1701'' for ''601'' in
item for chapter 17, ''1901'' for ''701'' in item for chapter 19,
''2101'' for ''801'' in item for chapter 21, ''2301'' for ''901'' in
item for chapter 23, and ''2400'' for ''1000'' in item for chapter 24.
1976 -- Pub. L. 94-581, title II, 203(a), Oct. 21, 1976, 90 Stat.
2856, inserted ''Nursing Home,'' in item for chapter 17.
1973 -- Pub. L. 93-43, 2(b), June 18, 1973, 87 Stat. 78, added
item for chapter 24.
38 USC CHAPTER 11 -- COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR
DEATH
TITLE 38 -- VETERANS' BENEFITS
Sec.
1101. Definitions.
1102. Special provisions relating to surviving spouses.
1110. Basic entitlement.
1111. Presumption of sound condition.
1112. Presumptions relating to certain diseases and disabilities.
1113. Presumptions rebuttable.
1114. Rates of wartime disability compensation.
1115. Additional compensation for dependents.
1116. Presumptions of service connection for diseases associated
with exposure to certain herbicide agents.
1121. Basic entitlement.
1122. Rates of wartime death compensation.
1131. Basic entitlement.
1132. Presumption of sound condition.
1133. Presumptions relating to certain diseases.
1134. Rates of peacetime disability compensation.
1135. Additional compensation for dependents.
1137. Wartime presumptions for certain veterans.
1141. Basic entitlement.
1142. Rates of peacetime death compensation.
1151. Benefits for persons disabled by treatment or vocational
rehabilitation.
1152. Persons heretofore having a compensable status.
1153. Aggravation.
1154. Consideration to be accorded time, place, and circumstances of
service.
1155. Authority for schedule for rating disabilities.
1157. Combination of certain ratings.
1158. Disappearance.
1159. Protection of service connection.
1160. Special consideration for certain cases of loss of paired
organs or extremities.
1161. Payment of disability compensation in disability severance
cases.
1162. Clothing allowance.
1163. Trial work periods and vocational rehabilitation for certain
veterans with total disability ratings.
1992 -- Pub. L. 102-568, title IV, 401(d)(2), Oct. 29, 1992, 106
Stat. 4336, substituted ''Trial work periods and vocational
rehabilitation for certain veterans with total disability ratings'' for
''Temporary program for trial work periods and vocational rehabilitation
for certain veterans with total disability ratings'' in item 1163.
1991 -- Pub. L. 102-83, 5(b)(1), Aug. 6, 1991, 105 Stat. 406,
renumbered items 301 to 363 as 1101 to 1163, respectively.
Pub. L. 102-4, 2(a)(2), Feb. 6, 1991, 105 Stat. 13, added item
316.
1986 -- Pub. L. 99-576, title I, 109(a)(2), Oct. 28, 1986, 100
Stat. 3253, amended item 360 generally, substituting ''loss of paired
organs or extremities'' for ''blindness or bilateral kidney involvement
or bilateral deafness''.
1984 -- Pub. L. 98-543, title I, 111(a)(2), Oct. 24, 1984, 98
Stat. 2739, added item 363.
1982 -- Pub. L. 97-295, 4(9), Oct. 12, 1982, 96 Stat. 1305, added
item 361.
1976 -- Pub. L. 94-433, title IV, 401(1), 404(5), Sept. 30, 1976,
90 Stat. 1377, 1378, substituted ''surviving spouses'' for ''widows''
in item 302 and struck out item 356 ''Minimum rating for arrested
tuberculosis''.
1974 -- Pub. L. 93-295, title II, 206(c), May 31, 1974, 88 Stat.
183, struck out item 343 ''Conditions under which wartime rates
payable''.
1972 -- Pub. L. 92-328, title I, 103(b), 108(d), June 30, 1972, 86
Stat. 394, 396, struck out item 336 ''Conditions under which wartime
rates payable'' and added item 362.
1970 -- Pub. L. 91-376, 3(c), Aug. 12, 1970, 84 Stat. 789,
inserted reference to disabilities in item 312.
1966 -- Pub. L. 89-358, 7(b), Mar. 3, 1966, 80 Stat. 27, added
item 337.
1965 -- Pub. L. 89-311, 3(c), Oct. 31, 1965, 79 Stat. 1155,
inserted reference to bilateral deafness in item 360.
1962 -- Pub. L. 87-610, 2, Aug. 28, 1962, 76 Stat. 406, added
item 360.
1960 -- Pub. L. 86-501, 2, June 10, 1960, 74 Stat. 195, added item
359.
1437, 1446, 1450; title 26 section 6103; title 31
section 3803; title 42 section 6862.
38 USC SUBCHAPTER I -- GENERAL
TITLE 38 -- VETERANS' BENEFITS
38 USC 1101. Definitions
TITLE 38 -- VETERANS' BENEFITS
For the purposes of this chapter --
(1) The term ''veteran'' includes a person who died in the active
military, naval, or air service.
(2) The term ''period of war'' includes, in the case of any veteran
--
(A) any period of service performed by such veteran after November
11, 1918, and before July 2, 1921, if such veteran served in the active
military, naval, or air service after April 5, 1917, and before November
12, 1918; and
(B) any period of continuous service performed by such veteran after
December 31, 1946, and before July 26, 1947, if such period began before
January 1, 1947.
(3) The term ''chronic disease'' includes --
Anemia, primary
Arteriosclerosis
Arthritis
Atrophy, progressive muscular
Brain hemorrhage
Brain thrombosis
Bronchiectasis
Calculi of the kidney, bladder, or gallbladder
Cardiovascular-renal disease, including hypertension
Cirrhosis of the liver
Coccidioidomycosis
Diabetes mellitus
Encephalitis lethargica residuals
Endocarditis
Endocrinopathies
Epilepsies
Hansen's disease
Hodgkin's disease
Leukemia
Lupus erythematosus, systemic
Myasthenia gravis
Myelitis
Myocarditis
Nephritis
Organic diseases of the nervous system
Osteitis deformans (Paget's disease)
Osteomalacia
Palsy, bulbar
Paralysis agitans
Psychoses
Purpura idiopathic, hemorrhagic
Raynaud's disease
Sarcoidosis
Scleroderma
Sclerosis, amyotrophic lateral
Sclerosis, multiple
Syringomyelia
Thromboangiitis obliterans (Buerger's disease)
Tuberculosis, active
Tumors, malignant, or of the brain or spinal cord or peripheral
nerves
Ulcers, peptic (gastric or duodenal)
and such other chronic diseases as the Secretary may add to this
list.
(4) The term ''tropical disease'' includes --
Amebiasis
Blackwater fever
Cholera
Dracontiasis
Dysentery
Filiariasis
Hansen's disease
Leishmaniasis, including kala-azar
Loiasis
Malaria
Onchocerciasis
Oroya fever
Pinta
Plague
Schistosomiasis
Yaws
Yellow fever
and such other tropical diseases as the Secretary may add to this
list.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1118, 301; Pub. L.
94-433, title IV, 401(2), (3), 404(1), Sept. 30, 1976, 90 Stat. 1377,
1378; Pub. L. 98-160, title VII, 702(2), Nov. 21, 1983, 97 Stat. 1009;
Pub. L. 100-322, title III, 313, May 20, 1988, 102 Stat. 535;
renumbered 1101 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a),
Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 301 of this title
as this section.
Pars. (3), (4). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1988 -- Par. (3). Pub. L. 100-322 inserted ''Lupus erythematosus,
systemic'' after ''Leukemia''.
1983 -- Par. (3). Pub. L. 98-160 substituted a period for the
semicolon at end of paragraph following ''may add to this list''.
1976 -- Par. (2)(A), (B). Pub. L. 94-433, 404(1), substituted
''such veteran'' for ''him'' in subpars. (A) and (B).
Par. (3). Pub. L. 94-433, 401(2), substituted ''Hansen's disease''
for ''Leprosy''.
Par. (4). Pub. L. 94-433, 401(3), inserted ''Hansen's disease''
after ''Filiariasis'' and struck out ''Leprosy'' before ''Loiasis''.
Section 406 of Pub. L. 94-433 provided that: ''The provisions of
this Act (see Tables for classification) shall become effective on
October 1, 1976.''
Pub. L. 98-223, title I, 108, Mar. 2, 1984, 98 Stat. 40, provided
that: ''It is the sense of the Congress that any increase provided by
law to take effect after fiscal year 1984 in the rates of disability
compensation and dependency and indemnity compensation payable under
chapters 11 and 13, respectively, of title 38, United States Code, shall
take effect on December 1 of the fiscal year involved and that the
budgets for any such fiscal year include amounts to achieve such
purpose.''
(Section 108 of Pub. L. 98-223 effective Apr. 1, 1984, see section
107 of Pub. L. 98-223, set out as a note under section 1114 of this
title.)
Pub. L. 101-508, title VIII, 8005, Nov. 5, 1990, 104 Stat.
1388-343, provided that:
''(a) Policy Regarding Fiscal Year 1991. -- The fiscal year 1991
cost-of-living adjustments in the rates of compensation payable under
chapter 11 of title 38, United States Code, and of the dependency and
indemnity compensation payable under chapter 13 of such title will be no
more than a 5.4 percent increase, with all increased monthly rates
rounded down to the next lower dollar. The effective date for such
adjustments will not be earlier than January 1, 1991.
''(b) Increase Payable as of January 1992. -- The amount of
compensation or dependency and indemnity compensation payable to any
individual for the month of January 1992 who is entitled to such
benefits as of January 1, 1992, shall be increased for such month by the
amount equal to the amount of the monthly increase provided for that
individual's benefit level as of January 1, 1991, pursuant to the
adjustments described in subsection (a).''
of Claims; Definition
Pub. L. 97-37, 6, Aug. 14, 1981, 95 Stat. 937, provided that:
''(a) Not later than ninety days after the date of the enactment of
this Act (Aug. 14, 1981) and at appropriate times thereafter, the
Administrator shall, to the maximum extent feasible and in order to
carry out the requirements of the veterans outreach services program
under subchapter IV of chapter 3 (see subchapter II of chapter 77) of
title 38, United States Code, seek out former prisoners of war and
provide them with information regarding applicable changes in law,
regulations, policies, guidelines, or other directives affecting the
benefits and services to which former prisoners of war are entitled
under such title by virtue of the amendments made by this Act (see
Tables for classification).
''(b)(1) The Administrator shall, for not less than the three-year
period beginning ninety days after the date of the enactment of this Act
(Aug. 14, 1981), maintain a centralized record showing all claims for
benefits under chapter 11 of such title that are submitted by former
prisoners of war and the disposition of such claims.
''(2) Not later than ninety days after the end of the three-year
period described in paragraph (1), the Administrator shall, after
consulting with and receiving the views of the Advisory Committee on
Former Prisoners of War required to be established pursuant to section
221 (see 541) of such title, submit a report on the results of the
disposition of claims described in such paragraph, together with any
comments or recommendations that the Administrator may have, to the
appropriate committees of Congress. The Administrator may also submit
to such committees interim reports on such results.
''(c) For the purposes of this section, the term ''former prisoner of
war'' has the meaning given such term in paragraph (32) of section 101
of title 38, United States Code (as added by section 3(a) of this
Act).''
Congress
Pub. L. 95-479, title III, 305, Oct. 18, 1978, 92 Stat. 1565,
directed Administrator of Veterans' Affairs, in consultation with
Secretary of Defense, to carry out a comprehensive study of disability
compensation awarded to, and health care needs of veterans who are
former prisoners of war and to submit a report on results of such study
to Congress and President not later than Feb. 1, 1980.
Section 403 of Pub. L. 94-433 directed Administrator to conduct a
scientific study to determine if there is causal relationship between
amputation of an extremity and subsequent development of cardiovascular
disorders and to report to Speaker and President of Senate not later
than June 30, 1977.
Pub. L. 93-295, title II, 207, May 31, 1974, 88 Stat. 183, directed
Administrator of Veterans' Affairs to make a detailed study of claims
for dependency and indemnity compensation relating to veterans, as
defined in section 101(2) of this title, who at time of death within six
months prior to May 31, 1974, were receiving disability compensation
from Veterans' Administration based upon a rating total and permanent in
nature, and submit a report together with such comments and
recommendations as Administrator deemed appropriate to Speaker of the
House and President of the Senate not more than thirty days after Jan.
14, 1975.
38 USC 1102. Special provisions relating to surviving spouses
TITLE 38 -- VETERANS' BENEFITS
(a) No compensation shall be paid to the surviving spouse of a
veteran under this chapter unless such surviving spouse was married to
such veteran --
(1) before the expiration of fifteen years after the termination of
the period of service in which the injury or disease causing the death
of the veteran was incurred or aggravated; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or
was born to them before the marriage.
(b) Subsection (a) shall not be applicable to any surviving spouse
who, with respect to date of marriage, could have qualified as a
surviving spouse for death compensation under any law administered by
the Secretary in effect on December 31, 1957.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, 302; Pub. L.
86-491, June 8, 1960, 74 Stat. 161; Pub. L. 90-77, title I, 101(a),
Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-433, title IV, 404(2)-(4),
Sept. 30, 1976, 90 Stat. 1378; renumbered 1102 and amended Pub. L.
102-83, 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 302 of this title
as this section.
Subsec. (b). Pub. L. 102-83, 4(a)(1), substituted ''administered by
the Secretary'' for ''administered by the Veterans' Administration''.
1976 -- Pub. L. 94-433, 404(4), substituted ''surviving spouses''
for ''widows'' in section catchline.
Subsec. (a). Pub. L. 94-433, 404(2), substituted ''surviving spouse
of a veteran under this chapter unless such surviving spouse was married
to such veteran'' for ''widow of a veteran under this chapter unless she
was married to him''.
Subsec. (b). Pub. L. 94-433, 404(3), substituted ''surviving
spouse'' for ''widow'' in two places.
1967 -- Subsec. (a)(2), (3). Pub. L. 90-77 qualified widow of a
veteran for receipt of compensation by reducing in par. (2) the
requisite marriage period from five years to one year and by making her
eligible for benefits in par. (3) in event of antenuptial birth.
1960 -- Subsec. (a)(1). Pub. L. 86-491 substituted ''fifteen years''
for ''ten years''.
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
38 USC SUBCHAPTER II -- WARTIME DISABILITY COMPENSATION
TITLE 38 -- VETERANS' BENEFITS
38 USC 1110. Basic entitlement
TITLE 38 -- VETERANS' BENEFITS
For disability resulting from personal injury suffered or disease
contracted in line of duty, or for aggravation of a preexisting injury
suffered or disease contracted in line of duty, in the active military,
naval, or air service, during a period of war, the United States will
pay to any veteran thus disabled and who was discharged or released
under conditions other than dishonorable from the period of service in
which said injury or disease was incurred, or preexisting injury or
disease was aggravated, compensation as provided in this subchapter, but
no compensation shall be paid if the disability is a result of the
veteran's own willful misconduct or abuse of alcohol or drugs.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, 310; Pub. L.
101-508, title VIII, 8052(a)(2), Nov. 5, 1990, 104 Stat. 1388-351;
renumbered 1110, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 310 of this title as this
section.
1990 -- Pub. L. 101-508 substituted ''a result of the veteran's own
willful misconduct or abuse of alcohol or drugs'' for ''the result of
the veteran's own willful misconduct''.
Amendment by Pub. L. 101-508 effective with respect to claims filed
after Oct. 31, 1990, see section 8052(b) of Pub. L. 101-508, set out
as a note under section 105 of this title.
38 USC 1111. Presumption of sound condition
TITLE 38 -- VETERANS' BENEFITS
For the purposes of section 1110 of this title, every veteran shall
be taken to have been in sound condition when examined, accepted, and
enrolled for service, except as to defects, infirmities, or disorders
noted at the time of the examination, acceptance, and enrollment, or
where clear and unmistakable evidence demonstrates that the injury or
disease existed before acceptance and enrollment and was not aggravated
by such service.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, 311; renumbered
1111 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 311 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1110'' for ''310''.
38 USC 1112. Presumptions relating to certain diseases and
disabilities
TITLE 38 -- VETERANS' BENEFITS
(a) For the purposes of section 1110 of this title, and subject to
the provisions of section 1113 of this title, in the case of any veteran
who served for ninety days or more during a period of war --
(1) a chronic disease becoming manifest to a degree of 10 percent or
more within one year from the date of separation from such service;
(2) a tropical disease, and the resultant disorders or disease
originating because of therapy, administered in connection with such
diseases, or as a preventative thereof, becoming manifest to a degree of
10 percent or more within one year from the date of separation from such
service, or at a time when standard or accepted treatises indicate that
the incubation period thereof commenced during such service;
(3) active tuberculous disease developing a 10 percent degree of
disability or more within three years from the date of separation from
such service;
(4) multiple sclerosis developing a 10 percent degree of disability
or more within seven years from the date of separation from such
service;
(5) Hansen's disease developing a 10 percent degree of disability or
more within three years from the date of separation from such service;
shall be considered to have been incurred in or aggravated by such
service, notwithstanding there is no record of evidence of such disease
during the period of service.
(b) For the purposes of section 1110 of this title and subject to the
provisions of section 1113 of this title, in the case of a veteran who
is a former prisoner of war and who was detained or interned for not
less than thirty days, the disease of --
(1) avitaminosis,
(2) beriberi (including beriberi heart disease),
(3) chronic dysentery,
(4) helminthiasis,
(5) malnutrition (including optic atrophy associated with
malnutrition),
(6) pellagra,
(7) any other nutritional deficiency,
(8) psychosis,
(9) any of the anxiety states,
(10) dysthymic disorder (or depressive neurosis),
(11) organic residuals of frostbite, if the Secretary determines that
the veteran was interned in climatic conditions consistent with the
occurrence of frostbite,
(12) post-traumatic osteoarthritis,
(13) peripheral neuropathy except where directly related to
infectious causes,
(14) irritable bowel syndrome, or
(15) peptic ulcer disease,
which became manifest to a degree of 10 percent or more after active
military, naval, or air service shall be considered to have been
incurred in or aggravated by such service, notwithstanding that there is
no record of such disease during the period of service.
(c)(1) For the purposes of section 1110 of this title, and subject to
the provisions of section 1113 of this title, a disease specified in
paragraph (2) of this subsection becoming manifest in a
radiation-exposed veteran shall be considered to have been incurred in
or aggravated during active military, naval, or air service,
notwithstanding that there is no record of evidence of such disease
during a period of such service.
(2) The diseases referred to in paragraph (1) of this subsection are
the following:
(A) Leukemia (other than chronic lymphocytic leukemia).
(B) Cancer of the thyroid.
(C) Cancer of the breast.
(D) Cancer of the pharynx.
(E) Cancer of the esophagus.
(F) Cancer of the stomach.
(G) Cancer of the small intestine.
(H) Cancer of the pancreas.
(I) Multiple myeloma.
(J) Lymphomas (except Hodgkin's disease).
(K) Cancer of the bile ducts.
(L) Cancer of the gall bladder.
(M) Primary liver cancer (except if cirrhosis or hepatitis B is
indicated).
(N) Cancer of the salivary gland.
(O) Cancer of the urinary tract.
(3) For the purposes of this subsection:
(A) The term ''radiation-exposed veteran'' means (i) a veteran who,
while serving on active duty, participated in a radiation-risk activity,
or (ii) an individual who, while a member of a reserve component of the
Armed Forces, participated in a radiation-risk activity during a period
of active duty for training or inactive duty training.
(B) The term ''radiation-risk activity'' means any of the following:
(i) Onsite participation in a test involving the atmospheric
detonation of a nuclear device.
(ii) The occupation of Hiroshima or Nagasaki, Japan, by United States
forces during the period beginning on August 6, 1945, and ending on July
1, 1946.
(iii) Internment as prisoner of war in Japan (or service on active
duty in Japan immediately following such internment) during World War II
which (as determined by the Secretary) resulted in an opportunity for
exposure to ionizing radiation comparable to that of veterans described
in clause (ii) of this subparagraph.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120, 312; Pub. L.
86-187, Aug. 25, 1959, 73 Stat. 418; Pub. L. 86-188, Aug. 25, 1959, 73
Stat. 418; Pub. L. 87-645, 3, Sept. 7, 1962, 76 Stat. 442; Pub. L.
91-376, 3(a), (b), Aug. 12, 1970, 84 Stat. 788, 789; Pub. L. 97-37,
4(a), Aug. 14, 1981, 95 Stat. 936; Pub. L. 98-223, title I, 101(c),
111, Mar. 2, 1984, 98 Stat. 38, 40; Pub. L. 99-576, title I, 108(a),
Oct. 28, 1986, 100 Stat. 3252; Pub. L. 100-321, 2(a), May 20, 1988,
102 Stat. 485; Pub. L. 100-322, title III, 312, May 20, 1988, 102
Stat. 534; renumbered 1112 and amended Pub. L. 102-83, 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-86,
title I, 104(a), 105, Aug. 14, 1991, 105 Stat. 415; Pub. L. 102-578,
2(a), Oct. 30, 1992, 106 Stat. 4774.)
1992 -- Subsec. (c)(1). Pub. L. 102-578, 2(a)(1), struck out ''to a
degree of 10 percent or more within the presumption period (as specified
in paragraph (3) of this subsection)'' after ''radiation-exposed
veteran''.
Subsec. (c)(2)(N), (O). Pub. L. 102-578, 2(a)(2), added subpars.
(N) and (O).
Subsec. (c)(3), (4). Pub. L. 102-578, 2(a)(3), (4), redesignated
par. (4) as (3) and struck out former par. (3) which read as follows:
''The presumption period for purposes of paragraph (1) of this
subsection is the 40-year period beginning on the last date on which the
veteran participated in a radiation-risk activity.''
1991 -- Pub. L. 102-83, 5(a), renumbered section 312 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1110'' for
''310'' and ''1113'' for ''313'' in introductory provisions.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''1110'' for
''310'' and ''1113'' for ''313'' in introductory provisions.
Subsec. (b)(11). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Subsec. (c)(1). Pub. L. 102-86, 105(1), amended subsec. (c)(1) of
this section as in effect before the redesignations made by Pub. L.
102-83, 5, by substituting ''during active military, naval, or air
service'' for ''during the veteran's service on active duty'' and
''during a period'' for ''during the period''.
Pub. L. 102-83, 5(c)(1), substituted ''1110'' for ''310'' and
''1113'' for ''313''.
Subsec. (c)(3). Pub. L. 102-86, 104(a), amended subsec. (c)(3) of
this section as in effect before the redesignations made by Pub. L.
102-83, 5, by striking out before period at end '', except that such
period shall be the 30-year period beginning on that date in the case of
leukemia (other than chronic lymphocytic leukemia)''.
Subsec. (c)(4)(A). Pub. L. 102-86, 105(2), amended subsec.
(c)(4)(A) of this section as in effect before the redesignations made by
Pub. L. 102-83, 5, by inserting ''(i)'' after ''means'' and adding cl.
(ii).
Subsec. (c)(4)(B)(iii). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1988 -- Subsec. (b)(13) to (15). Pub. L. 100-322 added pars. (13)
to (15).
Subsec. (c). Pub. L. 100-321 added subsec. (c).
1986 -- Subsec. (b)(11), (12). Pub. L. 99-576 added pars. (11) and
(12).
1984 -- Subsec. (a)(1) to (5). Pub. L. 98-223, 101(c), substituted
''percent'' for ''per centum''.
Subsec. (b). Pub. L. 98-223, 111, added par. (10).
Pub. L. 98-223, 101(c), substituted ''percent'' for ''per centum''
in provision following par. (10).
1981 -- Subsecs. (b), (c). Pub. L. 97-37, 4(a)(1), (2),
redesignated subsec. (c) as (b) and generally revised structure so as
to include anxiety states as a listed disease, and exclude the
enumerated armed conflicts and resulting treatment incurred. Former
subsec. (b), relating to treatment as a prisoner of war as deemed in
violation of the Geneva Conventions of 1929 and 1949, was struck out.
1970 -- Pub. L. 91-376 inserted reference to disabilities in section
catchline, designated existing provisions as subsec. (a), and added
subsecs. (b) and (c).
1962 -- Pub. L. 87-645 substituted ''seven years'' for ''three
years'' in par. (4).
1959 -- Pub. L. 86-188 inserted par. (5).
Pub. L. 86-187 substituted ''three years'' for ''two years'' in par.
(4).
Section 2(b) of Pub. L. 102-578 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect on
October 1, 1992.''
Section 104(b) of Pub. L. 102-86 provided that: ''No benefit may be
paid by reason of the amendment made by subsection (a) (amending this
section) for any period before the date of the enactment of this Act
(Aug. 14, 1991).''
Section 2(b) of Pub. L. 100-321 provided that: ''Subsection (c) of
section 312 (now 1112) of title 38, United States Code, as added by
subsection (a), shall take effect on May 1, 1988.''
Section 108(b) of Pub. L. 99-576 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect as of
October 1, 1986.''
Amendment by section 101(c) of Pub. L. 98-223 effective Apr. 1,
1984, see section 107 of Pub. L. 98-223, set out as a note under
section 1114 of this title.
Section 114 of Pub. L. 98-223 provided that: ''The amendments made
by this part (part B ( 111-114) of title I of Pub. L. 98-223, amending
this section and sections 314 and 3011 (now 1114 and 5111) of this
title) shall take effect as of October 1, 1983.''
Section 4(b) of Pub. L. 97-37 provided that: ''The amendments made
by subsection (a) (amending this section) shall take effect on October
1, 1981.''
Section 4 of Pub. L. 87-645 provided that: ''This Act (amending
this section and sections 314 and 3203 (now 1114 and 5503) of this title
and enacting provisions set out as a note under section 1114 of this
title) shall take effect on the first day of the first calendar month
which begins after the date of enactment of this Act (Sept. 7, 1962) but
no payments shall be made by reason of this Act for any period before
such effective date. The increased rate of compensation payable to any
veteran entitled thereto on such first day shall be further increased,
for such month only, in an amount equal to three times the monthly
increase provided for such veteran by the amendments made by this Act.''
38 USC 1113. Presumptions rebuttable
TITLE 38 -- VETERANS' BENEFITS
(a) Where there is affirmative evidence to the contrary, or evidence
to establish that an intercurrent injury or disease which is a
recognized cause of any of the diseases within the purview of section
1112 or 1116 of this title, has been suffered between the date of
separation from service and the onset of any such diseases, or the
disability is due to the veteran's own willful misconduct,
service-connection pursuant to section 1112 or 1116 of this title will
not be in order.
(b) Nothing in section 1112 or 1116 of this title or subsection (a)
of this section shall be construed to prevent the granting of
service-connection for any disease or disorder otherwise shown by sound
judgment to have been incurred in or aggravated by active military,
naval, or air service.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120, 313; Pub. L. 102-4,
2(b), Feb. 6, 1991, 105 Stat. 13; renumbered 1113 and amended Pub. L.
102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 313 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1112 or 1116'' for ''312 or
316'' wherever appearing.
Pub. L. 102-4 inserted ''or 316'' after ''section 312'' wherever
appearing.
38 USC 1114. Rates of wartime disability compensation
TITLE 38 -- VETERANS' BENEFITS
For the purposes of section 1110 of this title --
(a) if and while the disability is rated 10 percent the monthly
compensation shall be $83;
(b) if and while the disability is rated 20 percent the monthly
compensation shall be $157;
(c) if and while the disability is rated 30 percent the monthly
compensation shall be $240;
(d) if and while the disability is rated 40 percent the monthly
compensation shall be $342;
(e) if and while the disability is rated 50 percent the monthly
compensation shall be $487;
(f) if and while the disability is rated 60 percent the monthly
compensation shall be $614;
(g) if and while the disability is rated 70 percent the monthly
compensation shall be $776;
(h) if and while the disability is rated 80 percent the monthly
compensation shall be $897;
(i) if and while the disability is rated 90 percent the monthly
compensation shall be $1,010;
(j) if and while the disability is rated as total the monthly
compensation shall be $1,680;
(k) if the veteran, as the result of service-connected disability,
has suffered the anatomical loss or loss of use of one or more creative
organs, or one foot, or one hand, or both buttocks, or blindness of one
eye, having only light perception, or has suffered complete organic
aphonia with constant inability to communicate by speech, or deafness of
both ears, having absence of air and bone conduction, the rate of
compensation therefor shall be $68 per month for each such loss or loss
of use independent of any other compensation provided in subsections (a)
through (j) or subsection (s) of this section but in no event to exceed
$2,089 per month; and in the event the veteran has suffered one or more
of the disabilities heretofore specified in this subsection, in addition
to the requirement for any of the rates specified in subsections (l)
through (n) of this section, the rate of compensation shall be increased
by $68 per month for each such loss or loss of use, but in no event to
exceed $2,927 per month;
(l) if the veteran, as the result of service-connected disability,
has suffered the anatomical loss or loss of use of both feet, or of one
hand and one foot, or is blind in both eyes, with 5/200 visual acuity or
less, or is permanently bedridden or so helpless as to be in need of
regular aid and attendance, the monthly compensation shall be $2,089;
(m) if the veteran, as the result of service-connected disability,
has suffered the anatomical loss or loss of use of both hands, or of
both legs at a level, or with complications, preventing natural knee
action with prostheses in place, or of one arm and one leg at levels, or
with complications, preventing natural elbow and knee action with
prostheses in place, or has suffered blindness in both eyes having only
light perception, or has suffered blindness in both eyes, rendering such
veteran so helpless as to be in need of regular aid and attendance, the
monthly compensation shall be $2,302;
(n) if the veteran, as the result of service-connected disability,
has suffered the anatomical loss or loss of use of both arms at levels,
or with complications, preventing natural elbow action with prostheses
in place, has suffered the anatomical loss of both legs so near the hip
as to prevent the use of prosthetic appliances, or has suffered the
anatomical loss of one arm and one leg so near the shoulder and hip as
to prevent the use of prosthetic appliances, or has suffered the
anatomical loss of both eyes, or has suffered blindness without light
perception in both eyes, the monthly compensation shall be $2,619;
(o) if the veteran, as the result of service-connected disability,
has suffered disability under conditions which would entitle such
veteran to two or more of the rates provided in one or more subsections
(l) through (n) of this section, no condition being considered twice in
the determination, or if the veteran has suffered bilateral deafness
(and the hearing impairment in either one or both ears is service
connected) rated at 60 percent or more disabling and the veteran has
also suffered service-connected total blindness with 5/200 visual acuity
or less, or if the veteran has suffered service-connected total deafness
in one ear or bilateral deafness (and the hearing impairment in either
one or both ears is service connected) rated at 40 percent or more
disabling and the veteran has also suffered service-connected blindness
having only light perception or less, or if the veteran has suffered the
anatomical loss of both arms so near the shoulder as to prevent the use
of prosthetic appliances, the monthly compensation shall be $2,927;
(p) in the event the veteran's service-connected disabilities exceed
the requirements for any of the rates prescribed in this section, the
Secretary may allow the next higher rate or an intermediate rate, but in
no event in excess of $2,927. In the event the veteran has suffered
service-connected blindness with 5/200 visual acuity or less and (1) has
also suffered bilateral deafness (and the hearing impairment in either
one or both ears is service connected) rated at no less than 30 percent
disabling, the Secretary shall allow the next higher rate, or (2) has
also suffered service-connected total deafness in one ear or
service-connected anatomical loss or loss of use of one hand or one
foot, the Secretary shall allow the next intermediate rate, but in no
event in excess of $2,927. In the event the veteran has suffered
service-connected blindness, having only light perception or less, and
has also suffered bilateral deafness (and the hearing impairment in
either one or both ears is service connected) rated at 10 or 20 percent
disabling, the Secretary shall allow the next intermediate rate, but in
no event in excess of $2,927. In the event the veteran has suffered the
anatomical loss or loss of use, or a combination of anatomical loss and
loss of use, of three extremities, the Secretary shall allow the next
higher rate or intermediate rate, but in no event in excess of $2,927.
Any intermediate rate under this subsection shall be established at the
arithmetic mean, rounded down to the nearest dollar, between the two
rates concerned;
((q) Repealed. Pub. L. 90-493, 4(a), Aug. 19, 1968, 82 Stat. 809.)
(r) Subject to section 5503(e) of this title, if any veteran,
otherwise entitled to compensation authorized under subsection (o) of
this section, at the maximum rate authorized under subsection (p) of
this section, or at the intermediate rate authorized between the rates
authorized under subsections (n) and (o) of this section and at the rate
authorized under subsection (k) of this section, is in need of regular
aid and attendance, then, in addition to such compensation --
(1) the veteran shall be paid a monthly aid and attendance allowance
at the rate of $1,257; or
(2) if the veteran, in addition to such need for regular aid and
attendance, is in need of a higher level of care, such veteran shall be
paid a monthly aid and attendance allowance at the rate of $1,872, in
lieu of the allowance authorized in clause (1) of this subsection, if
the Secretary finds that the veteran, in the absence of the provision of
such care, would require hospitalization, nursing home care, or other
residential institutional care.
For the purposes of clause (2) of this subsection, need for a higher
level of care shall be considered to be need for personal health-care
services provided on a daily basis in the veteran's home by a person who
is licensed to provide such services or who provides such services under
the regular supervision of a licensed health-care professional. The
existence of the need for such care shall be determined by a physician
employed by the Department or, in areas where no such physician is
available, by a physician carrying out such function under contract or
fee arrangement based on an examination by such physician. For the
purposes of section 1134 of this title, such allowance shall be
considered as additional compensation payable for disability.
(s) If the veteran has a service-connected disability rated as total,
and (1) has additional service-connected disability or disabilities
independently ratable at 60 percent or more, or, (2) by reason of such
veteran's service-connected disability or disabilities, is permanently
housebound, then the monthly compensation shall be $1,879. For the
purpose of this subsection, the requirement of ''permanently
housebound'' will be considered to have been met when the veteran is
substantially confined to such veteran's house (ward or clinical areas,
if institutionalized) or immediate premises due to a service-connected
disability or disabilities which it is reasonably certain will remain
throughout such veteran's lifetime.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120, 314; Pub. L.
85-782, 2, Aug. 27, 1958, 72 Stat. 936; Pub. L. 86-663, 1, July 14,
1960, 74 Stat. 528; Pub. L. 87-645, 1(a), 2(a), Sept. 7, 1962, 76
Stat. 441; Pub. L. 88-20, 1, May 15, 1963, 77 Stat. 17; Pub. L.
88-22, 1, May 15, 1963, 77 Stat. 18; Pub. L. 89-311, 1(a), 3(d),
(e), Oct. 31, 1965, 79 Stat. 1154, 1155; Pub. L. 90-77, title IV, 401,
Aug. 31, 1967, 81 Stat. 190; Pub. L. 90-493, 1(a), 4(a), Aug. 19,
1968, 82 Stat. 808, 809; Pub. L. 91-376, 1(a), Aug. 12, 1970, 84 Stat.
787; Pub. L. 92-328, title I, 101(a), June 30, 1972, 86 Stat. 393;
Pub. L. 93-295, title I, 101(a), May 31, 1974, 88 Stat. 181; Pub. L.
94-71, title I, 101(a), Aug. 5, 1975, 89 Stat. 395; Pub. L. 94-433,
title I, 101(a), title IV, 401(4), (5), 404(6)-(8), Sept. 30, 1976,
90 Stat. 1374, 1377, 1378; Pub. L. 95-117, title I, 101(a), Oct. 3,
1977, 91 Stat. 1063; Pub. L. 95-479, title I, 101(a)-(d), Oct. 18,
1978, 92 Stat. 1560, 1561; Pub. L. 96-128, title I, 101(a), 104, 105,
Nov. 28, 1979, 93 Stat. 982, 984; Pub. L. 96-385, title I, 101(a),
Oct. 7, 1980, 94 Stat. 1528; Pub. L. 97-66, title I, 101(a), 104,
Oct. 17, 1981, 95 Stat. 1026, 1027; Pub. L. 97-253, title IV, 404(a),
405(b), Sept. 8, 1982, 96 Stat. 803; Pub. L. 97-306, title I,
101(a), 107, 111(a), (b), Oct. 14, 1982, 96 Stat. 1429, 1431, 1432;
Pub. L. 98-223, title I, 101(a), 112, Mar. 2, 1984, 98 Stat. 37, 40;
Pub. L. 98-543, title I, 101(a), Oct. 24, 1984, 98 Stat. 2735; Pub. L.
99-238, title I, 101(a), Jan. 13, 1986, 99 Stat. 1765; Pub. L.
99-576, title I, 101(a), 109(b), Oct. 28, 1986, 100 Stat. 3250, 3253;
Pub. L. 100-227, title I, 101(a), Dec. 31, 1987, 101 Stat. 1552; Pub.
L. 100-687, div. B, title XI, 1101(a), Nov. 18, 1988, 102 Stat. 4123;
Pub. L. 101-237, title I, 101(a), Dec. 18, 1989, 103 Stat. 2062; Pub.
L. 102-3, 2(a), Feb. 6, 1991, 105 Stat. 7; Pub. L. 102-40, title IV,
402(d)(1), May 7, 1991, 105 Stat. 239; renumbered 1114 and amended
Pub. L. 102-83, 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 404-406; Pub. L. 102-152, 2(a), Nov. 12, 1991, 105
Stat. 985.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 314 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1110'' for ''310'' in
introductory provisions.
Subsec. (a). Pub. L. 102-152, 2(a)(1), substituted ''$83'' for
''$80''.
Pub. L. 102-3, 2(a)(1), substituted ''$80'' for ''$76''.
Subsec. (b). Pub. L. 102-152, 2(a)(2), substituted ''$157'' for
''$151''.
Pub. L. 102-3, 2(a)(2), substituted ''$151'' for ''$144''.
Subsec. (c). Pub. L. 102-152, 2(a)(3), substituted ''$240'' for
''$231''.
Pub. L. 102-3, 2(a)(3), substituted ''$231'' for ''$220''.
Subsec. (d). Pub. L. 102-152, 2(a)(4), substituted ''$342'' for
''$330''.
Pub. L. 102-3, 2(a)(4), substituted ''$330'' for ''$314''.
Subsec. (e). Pub. L. 102-152, 2(a)(5), substituted ''$487'' for
''$470''.
Pub. L. 102-3, 2(a)(5), substituted ''$470'' for ''$446''.
Subsec. (f). Pub. L. 102-152, 2(a)(6), substituted ''$614'' for
''$592''.
Pub. L. 102-3, 2(a)(6), substituted ''$592'' for ''$562''.
Subsec. (g). Pub. L. 102-152, 2(a)(7), substituted ''$776'' for
''$748''.
Pub. L. 102-3, 2(a)(7), substituted ''$748'' for ''$710''.
Subsec. (h). Pub. L. 102-152, 2(a)(8), substituted ''$897'' for
''$865''.
Pub. L. 102-3, 2(a)(8), substituted ''$865'' for ''$821''.
Subsec. (i). Pub. L. 102-152, 2(a)(9), substituted ''$1,010'' for
''$974''.
Pub. L. 102-3, 2(a)(9), substituted ''$974'' for ''$925''.
Subsec. (j). Pub. L. 102-152, 2(a)(10), substituted ''$1,680'' for
''$1,620''.
Pub. L. 102-3, 2(a)(10), substituted ''$1,620'' for ''$1,537''.
Subsec. (k). Pub. L. 102-152, 2(a)(11), substituted ''$68'' for
''$66'' in two places and ''$2,089'' and ''$2,927'' for ''$2,014'' and
''$2,823'', respectively.
Pub. L. 102-3, 2(a)(11), substituted ''$2,014'' for ''$1,911'' and
''$2,823'' for ''$2,679''.
Subsec. (l). Pub. L. 102-152, 2(a)(12), substituted ''$2,089'' for
''$2,014''.
Pub. L. 102-3, 2(a)(12), substituted ''$2,014'' for ''$1,911''.
Subsec. (m). Pub. L. 102-152, 2(a)(13), substituted ''$2,302'' for
''$2,220''.
Pub. L. 102-3, 2(a)(13), substituted ''$2,220'' for ''$2,107''.
Subsec. (n). Pub. L. 102-152, 2(a)(14), substituted ''$2,619'' for
''$2,526''.
Pub. L. 102-3, 2(a)(14), substituted ''$2,526'' for ''$2,397''.
Subsec. (o). Pub. L. 102-152, 2(a)(15), substituted ''$2,927'' for
''$2,823''.
Pub. L. 102-3, 2(a)(15), substituted ''$2,823'' for ''$2,679''.
Subsec. (p). Pub. L. 102-152, 2(a)(15), substituted ''$2,927'' for
''$2,823'', wherever appearing.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Pub. L. 102-3, 2(a)(15), substituted ''$2,823'' for ''$2,679''
wherever appearing.
Subsec. (r). Pub. L. 102-152, 2(a)(16), substituted ''$1,257'' for
''$1,212'' in par. (1) and ''$1,872'' for ''$1,805'' in par. (2).
Pub. L. 102-83, 5(c)(1), substituted ''1134'' for ''334'' in last
sentence.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in par. (2).
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in penultimate sentence.
Pub. L. 102-40 substituted ''5503(e)'' for ''3203(e)'' in
introductory provisions.
Pub. L. 102-3, 2(a)(16), substituted ''$1,212'' for ''$1,150'' in
par. (1) and ''$1,805'' for ''$1,713'' in par. (2).
Subsec. (s). Pub. L. 102-152, 2(a)(17), substituted ''$1,879'' for
''$1,812''.
Pub. L. 102-3, 2(a)(17), substituted ''$1,812'' for ''$1,720''.
1989 -- Subsec. (a). Pub. L. 101-237, 101(a)(1), substituted
''$76'' for ''$73''.
Subsec. (b). Pub. L. 101-237, 101(a)(2), substituted ''$144'' for
''$138''.
Subsec. (c). Pub. L. 101-237, 101(a)(3), substituted ''$220'' for
''$210''.
Subsec. (d). Pub. L. 101-237, 101(a)(4), substituted ''$314'' for
''$300''.
Subsec. (e). Pub. L. 101-237, 101(a)(5), substituted ''$446'' for
''$426''.
Subsec. (f). Pub. L. 101-237, 101(a)(6), substituted ''$562'' for
''$537''.
Subsec. (g). Pub. L. 101-237, 101(a)(7), substituted ''$710'' for
''$678''.
Subsec. (h). Pub. L. 101-237, 101(a)(8), substituted ''$821'' for
''$784''.
Subsec. (i). Pub. L. 101-237, 101(a)(9), substituted ''$925'' for
''$883''.
Subsec. (j). Pub. L. 101-237, 101(a)(10), substituted ''$1,537'' for
''$1,468''.
Subsec. (k). Pub. L. 101-237, 101(a)(11), substituted ''$66'' for
''$63'' in two places and substituted ''$1,911'' and ''$2,679'' for
''$1,825'' and ''$2,559'', respectively.
Subsec. (l). Pub. L. 101-237, 101(a)(12), substituted ''$1,911'' for
''$1,825''.
Subsec. (m). Pub. L. 101-237, 101(a)(13), substituted ''$2,107'' for
''$2,012''.
Subsec. (n). Pub. L. 101-237, 101(a)(14), substituted ''$2,397'' for
''$2,289''.
Subsecs. (o), (p). Pub. L. 101-237, 101(a)(15), substituted
''$2,679'' for ''$2,559'' wherever appearing.
Subsec. (r). Pub. L. 101-237, 101(a)(16), substituted ''$1,150'' and
''$1,713'' for ''$1,098'' and ''$1,636'', respectively.
Subsec. (s). Pub. L. 101-237, 101(a)(17), substituted ''$1,720'' for
''$1,643''.
1988 -- Subsec. (a). Pub. L. 100-687, 1101(a)(1), substituted
''$73'' for ''$71''.
Subsec. (b). Pub. L. 100-687, 1101(a)(2), substituted ''$138'' for
''$133''.
Subsec. (c). Pub. L. 100-687, 1101(a)(3), substituted ''$210'' for
''$202''.
Subsec. (d). Pub. L. 100-687, 1101(a)(4), substituted ''$300'' for
''$289''.
Subsec. (e). Pub. L. 100-687, 1101(a)(5), substituted ''$426'' for
''$410''.
Subsec. (f). Pub. L. 100-687, 1101(a)(6), substituted ''$537'' for
''$516''.
Subsec. (g). Pub. L. 100-687, 1101(a)(7), substituted ''$678'' for
''$652''.
Subsec. (h). Pub. L. 100-687, 1101(a)(8), substituted ''$784'' for
''$754''.
Subsec. (i). Pub. L. 100-687, 1101(a)(9), substituted ''$883'' for
''$849''.
Subsec. (j). Pub. L. 100-687, 1101(a)(10), substituted ''$1,468''
for ''$1,411''.
Subsec. (k). Pub. L. 100-687, 1101(a)(11), substituted ''$1,825''
and ''$2,559'' for ''$1,754'' and ''$2,459'', respectively.
Subsec. (l). Pub. L. 100-687, 1101(a)(12), substituted ''$1,825''
for ''$1,754''.
Subsec. (m). Pub. L. 100-687, 1101(a)(13), substituted ''$2,012''
for ''$1,933''.
Subsec. (n). Pub. L. 100-687, 1101(a)(14), substituted ''$2,289''
for ''$2,199''.
Subsecs. (o), (p). Pub. L. 100-687, 1101(a)(15), substituted
''$2,559'' for ''$2,459'' wherever appearing.
Subsec. (r). Pub. L. 100-687, 1101(a)(16), substituted ''$1,098''
and ''$1,636'' for ''$1,055'' and ''$1,572'', respectively.
Subsec. (s). Pub. L. 100-687, 1101(a)(17), substituted ''$1,643''
for ''$1,579''.
1987 -- Subsec. (a). Pub. L. 100-227, 101(a)(1), substituted
''$71'' for ''$69''.
Subsec. (b). Pub. L. 100-227, 101(a)(2), substituted ''$133'' for
''$128''.
Subsec. (c). Pub. L. 100-227, 101(a)(3), substituted ''$202'' for
''$194''.
Subsec. (d). Pub. L. 100-227, 101(a)(4), substituted ''$289'' for
''$278''.
Subsec. (e). Pub. L. 100-227, 101(a)(5), substituted ''$410'' for
''$394''.
Subsec. (f). Pub. L. 100-227, 101(a)(6), substituted ''$516'' for
''$496''.
Subsec. (g). Pub. L. 100-227, 101(a)(7), substituted ''$652'' for
''$626''.
Subsec. (h). Pub. L. 100-227, 101(a)(8), substituted ''$754'' for
''$724''.
Subsec. (i). Pub. L. 100-227, 101(a)(9), substituted ''$849'' for
''$815''.
Subsec. (j). Pub. L. 100-227, 101(a)(10), substituted ''$1,411'' for
''$1,355''.
Subsec. (k). Pub. L. 100-227, 101(a)(11), substituted ''$1,754'' and
''$2,459'' for ''$1,684'' and ''$2,360'', respectively.
Subsec. (l). Pub. L. 100-227, 101(a)(12), substituted ''$1,754'' for
''$1,684''.
Subsec. (m). Pub. L. 100-227, 101(a)(13), substituted ''$1,933'' for
''$1,856''.
Subsec. (n). Pub. L. 100-227, 101(a)(14), substituted ''$2,199'' for
''$2,111''.
Subsecs. (o), (p). Pub. L. 100-227, 101(a)(15), substituted
''$2,459'' for ''$2,360'' wherever appearing.
Subsec. (r). Pub. L. 100-227, 101(a)(16), substituted ''$1,055'' and
''$1,572'' for ''$1,013'' and ''$1,509'', respectively.
Subsec. (s). Pub. L. 100-227, 101(a)(17), substituted ''$1,579'' for
''$1,516''.
1986 -- Subsec. (a). Pub. L. 99-576, 101(a)(1), substituted ''$69''
for ''$68''.
Pub. L. 99-238, 101(a)(1), substituted ''$68'' for ''$66''.
Subsec. (b). Pub. L. 99-576, 101(a)(2), substituted ''$128'' for
''$126''.
Pub. L. 99-238, 101(a)(2), substituted ''$126'' for ''$122''.
Subsec. (c). Pub. L. 99-576, 101(a)(3), substituted ''$194'' for
''$191''.
Pub. L. 99-238, 101(a)(3), substituted ''$191'' for ''$185''.
Subsec. (d). Pub. L. 99-576, 101(a)(4), substituted ''$278'' for
''$274''.
Pub. L. 99-238, 101(a)(4), substituted ''$274'' for ''$266''.
Subsec. (e). Pub. L. 99-576, 101(a)(5), substituted ''$394'' for
''$388''.
Pub. L. 99-238, 101(a)(5), substituted ''$388'' for ''$376''.
Subsec. (f). Pub. L. 99-576, 101(a)(6), substituted ''$496'' for
''$489''.
Pub. L. 99-238, 101(a)(6), substituted ''$489'' for ''$474''.
Subsec. (g). Pub. L. 99-576, 101(a)(7), substituted ''$626'' for
''$617''.
Pub. L. 99-238, 101(a)(7), substituted ''$617'' for ''$598''.
Subsec. (h). Pub. L. 99-576, 101(a)(8), substituted ''$724'' for
''$713''.
Pub. L. 99-238, 101(a)(8), substituted ''$713'' for ''$692''.
Subsec. (i). Pub. L. 99-576, 101(a)(9), substituted ''$815'' for
''$803''.
Pub. L. 99-238, 101(a)(9), substituted ''$803'' for ''$779''.
Subsec. (j). Pub. L. 99-576, 101(a)(10), substituted ''$1,355'' for
''$1,335''.
Pub. L. 99-238, 101(a)(10), substituted ''$1,335'' for ''$1,295''.
Subsec. (k). Pub. L. 99-576, 101(a)(11), substituted ''$63'',
''$1,684'', and ''$2,360'' for ''$62'', ''$1,659'', and ''$2,325'',
respectively.
Pub. L. 99-238, 101(a)(11), substituted ''$1,659'' and ''$2,325''
for ''$1,609'' and ''$2,255'', respectively.
Subsec. (l). Pub. L. 99-576, 101(a)(12), substituted ''$1,684'' for
''$1,659''.
Pub. L. 99-238, 101(a)(12), substituted ''$1,659'' for ''$1,609''.
Subsec. (m). Pub. L. 99-576, 101(a)(13), substituted ''$1,856'' for
''$1,829''.
Pub. L. 99-238, 101(a)(13), substituted ''$1,829'' for ''$1,774''.
Subsec. (n). Pub. L. 99-576, 101(a)(14), substituted ''$2,111'' for
''$2,080''.
Pub. L. 99-238, 101(a)(14), substituted ''$2,080'' for ''$2,017''.
Subsecs. (o), (p). Pub. L. 99-576, 101(a)(15), substituted
''$2,360'' for ''$2,325'' wherever appearing.
Pub. L. 99-238, 101(a)(15), substituted ''$2,325'' for ''$2,255''
wherever appearing.
Subsec. (r). Pub. L. 99-576, 101(a)(16), substituted ''$1,013'' and
''$1,509'' for ''$998'' and ''$1,487'', respectively.
Pub. L. 99-238, 101(a)(16), substituted ''$998'' and ''$1,487'' for
''$968'' and ''$1,442'', respectively.
Subsec. (s). Pub. L. 99-576, 101(a)(17), substituted ''$1,516'' for
''$1,494''.
Pub. L. 99-238, 101(a)(17), substituted ''$1,494'' for ''$1,449''.
Subsec. (t). Pub. L. 99-576, 109(b), struck out subsec. (t) which
read as follows:
''(1) If the veteran (A) is entitled to receive compensation at any
rate provided for under subsections (a) through (i) of this section and
compensation under subsection (k) of this section, (B) has suffered the
loss or loss of use of an extremity as a result of a service-connected
disability ratable at 40 percent or more, and (C) has suffered the loss
or loss of use of the paired extremity as a result of a
non-service-connected disability, not the result of the veteran's own
willful misconduct, that would be rated, if service-connected, at 40
percent or more, the monthly rate of compensation payable to such
veteran shall be increased by $289.
''(2) If a veteran described in paragraph (1) of this subsection
receives any money or property of value pursuant to an award in a
judicial proceeding based upon, or a settlement or compromise of, any
cause of action for damages for the non-service-connected disability
described in such paragraph, the increase in the rate of compensation
otherwise payable under this subsection shall not be paid for any month
following a month in which any such money or property is received until
such time as the total of the amount of such increase that would
otherwise have been payable equals the total of the amount of any such
money received and the fair market value of any such property
received.''
Pub. L. 99-238, 101(a)(18), substituted ''$289'' for ''$280'' in
par. (1).
1984 -- Subsec. (a). Pub. L. 98-543, 101(a)(1), substituted ''$66''
for ''$64''.
Pub. L. 98-223, 101(a)(1), substituted ''$64'' for ''$62''.
Pub. L. 98-223, 101(a)(19), substituted ''percent'' for ''per
centum''.
Subsec. (b). Pub. L. 98-543, 101(a)(2), substituted ''$122'' for
''$118''.
Pub. L. 98-223, 101(a)(2), substituted ''$118'' for ''$114''.
Pub. L. 98-223, 101(a)(19), substituted ''percent'' for ''per
centum''.
Subsec. (c). Pub. L. 98-543, 101(a)(3), substituted ''$185'' for
''$179''.
Pub. L. 98-223, 101(a)(3), substituted ''$179'' for ''$173''.
Pub. L. 98-223, 101(a)(19), substituted ''percent'' for ''per
centum''.
Subsec. (d). Pub. L. 98-543, 101(a)(4), substituted ''$266'' for
''$258''.
Pub. L. 98-223, 101(a)(4), substituted ''$258'' for ''$249''.
Pub. L. 98-223, 101(a)(19), substituted ''percent'' for ''per
centum''.
Subsec. (e). Pub. L. 98-543, 101(a)(5), substituted ''376'' for
''364''.
Pub. L. 98-223, 101(a)(5), substituted ''$364'' for ''$352''.
Pub. L. 98-223, 101(a)(19), substituted ''percent'' for ''per
centum''.
Subsec. (f). Pub. L. 98-543, 101(a)(6), substituted ''$474'' for
''$459''.
Pub. L. 98-223, 101(a)(6), substituted ''$459'' for ''$443''.
Pub. L. 98-223, 101(a)(19), substituted ''percent'' for ''per
centum''.
Subsec. (g). Pub. L. 98-543, 101(a)(7), substituted ''$598'' for
''$579''.
Pub. L. 98-223, 101(a)(7), substituted ''$579'' for ''$559''.
Pub. L. 98-223, 101(a)(19), substituted ''percent'' for ''per
centum''.
Subsec. (h). Pub. L. 98-543, 101(a)(8), substituted ''$692'' for
''$671''.
Pub. L. 98-223, 101(a)(8), substituted ''$671'' for ''$648''.
Pub. L. 98-223, 101(a)(19), substituted ''percent'' for ''per
centum''.
Subsec. (i). Pub. L. 98-543, 101(a)(9), substituted ''$779'' for
''$755''.
Pub. L. 98-223, 101(a)(9), substituted ''$755'' for ''$729''.
Pub. L. 98-223, 101(a)(19), substituted ''percent'' for ''per
centum''.
Subsec. (j). Pub. L. 98-543, 101(a)(10), substituted ''$1,295'' for
''$1,255''.
Pub. L. 98-223, 101(a)(10), substituted ''$1,255'' for ''$1,213''.
Subsec. (k). Pub. L. 98-543, 101(a)(11), substituted ''$1,609'' and
''$2,255'' for ''$1,559'' and ''$2,185'', respectively.
Pub. L. 98-223, 101(a)(11), substituted ''$1,559'' and ''$2,185''
for ''$1,506'' and ''$2,111'', respectively.
Subsec. (l). Pub. L. 98-543, 101(a)(12), substituted ''$1,609'' for
''$1,559''.
Pub. L. 98-223, 101(a)(12), substituted ''$1,559'' for ''$1,506''.
Subsec. (m). Pub. L. 98-543, 101(a)(13), substituted ''$1,774'' for
''$1,719''.
Pub. L. 98-223, 101(a)(13), substituted ''$1,719'' for ''$1,661''.
Subsec. (n). Pub. L. 98-543, 101(a)(14), substituted ''$2,017'' for
''$1,954''.
Pub. L. 98-223, 101(a)(14), substituted ''$1,954'' for ''$1,888''.
Subsec. (o). Pub. L. 98-543, 101(a)(15), substituted ''$2,255'' for
''$2,185''.
Pub. L. 98-223, 101(a)(15), substituted ''$2,185'' for ''$2,111''.
Pub. L. 98-223, 101(a)(19), substituted ''percent'' for ''per
centum''.
Pub. L. 98-223, 112(a), inserted ''or if the veteran has suffered
service-connected total deafness in one ear or bilateral deafness (and
the hearing impairment in either one or both ears is service connected)
rated at 40 percent or more disabling and the veteran has also suffered
service-connected blindness having only light perception or less,''
after ''5/200 visual acuity or less,''.
Subsec. (p). Pub. L. 98-543, 101(a)(15), substituted ''$2,255'' for
''$2,185'' in four places.
Pub. L. 98-223, 101(a)(15), substituted ''$2,185'' for ''$2,111'' in
three places.
Pub. L. 98-223, 101(a)(19), substituted ''percent'' for ''per
centum''.
Pub. L. 98-223, 112(b)(1), substituted ''30'' for ''40'' in cl.
(1).
Pub. L. 98-223, 112(b)(2), inserted provision authorizing the
Administrator to allow the next intermediate rate, but in no event in
excess of $2,185, in the event the veteran has suffered
service-connected blindness, having only light perception or less, and
has also suffered bilateral deafness, and the hearing impairment in
either one or both ears is service connected, rated at 10 to 20 percent
disabling.
Subsec. (r). Pub. L. 98-543, 101(a)(16), substituted ''$968'' and
''$1,442'' for ''$938'' and ''$1,397'', respectively.
Pub. L. 98-223, 101(a)(16), substituted ''$938'' and ''$1,397'' for
''$906'' and ''$1,350'', respectively.
Subsec. (s). Pub. L. 98-543, 101(a)(17), substituted ''$1,449'' for
''$1,404''.
Pub. L. 98-223, 101(a)(17), substituted ''$1,404'' for ''$1,357''.
Pub. L. 98-223, 101(a)(19), substituted ''percent'' for ''per
centum''.
Subsec. (t)(1). Pub. L. 98-543, 101(a)(18), substituted ''$280'' for
''$271''.
Pub. L. 98-223, 101(a)(18), substituted ''$271'' for ''$262''.
Pub. L. 98-223, 101(a)(19), substituted ''percent'' for ''per
centum'' in two places.
1982 -- Subsec. (a). Pub. L. 97-306, 101(a)(1), 107, 108,
substituted ''$62'' for ''$58'', and repealed amendment made by Pub. L.
97-253, 405(b)(1), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(b)(1), (h), eff. Jan. 1, 1983, substituted
''$57'' for ''$58''.
Subsec. (b). Pub. L. 97-306, 101(a)(2), substituted ''$114'' for
''$107''.
Subsec. (c). Pub. L. 97-306, 101(a)(3), 107, 108, substituted
''$173'' for ''$162'', and repealed amendment made by Pub. L. 97-253,
405(b)(2), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(b)(2), (h), eff. Jan. 1, 1983, substituted
''$161'' for ''$162''.
Subsec. (d). Pub. L. 97-306, 101(a)(4), substituted ''$249'' for
''$232''.
Subsec. (e). Pub. L. 97-306, 101(a)(5), substituted ''$352'' for
''$328''.
Subsec. (f). Pub. L. 97-306, 101(a)(6), 107, 108, substituted
''$443'' for ''$413'', and repealed amendment made by Pub. L. 97-253,
405(b)(3), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(b)(3), (h), eff. Jan. 1, 1983, substituted
''$412'' for ''$413''.
Subsec. (g). Pub. L. 97-306, 101(a)(7), substituted ''$559'' for
''$521''.
Subsec. (h). Pub. L. 97-306, 101(a)(8), 107, 108, substituted
''$648'' for ''$604'', and repealed amendment made by Pub. L. 97-253,
405(b)(4), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(b)(4), (h), eff. Jan. 1, 1983, substituted
''$603'' for ''$604''.
Subsec. (i). Pub. L. 97-306, 101(a)(9), substituted ''$729'' for
''$679''.
Subsec. (j). Pub. L. 97-306, 101(a)(10), substituted ''$1,213'' for
''$1,130''.
Subsec. (k). Pub. L. 97-306, 101(a)(11), 107, 108, substituted
''$1,506'' for ''$1,403'' and ''$2,111'' for ''$1,966'', and repealed
amendment made by Pub. L. 97-253, 405(b)(5), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(b)(5), (h), eff. Jan. 1, 1983, substituted
''$61'' for ''$62'', ''$1,402'' for ''$1,403'', ''$61'' for ''$62'', and
''$1,965'' for ''$1,966''.
Subsec. (l). Pub. L. 97-306, 101(a)(12), 107, 108, substituted
''$1,506'' for ''$1,403'', and repealed amendment made by Pub. L.
97-253, 405(b)(6), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(b)(6), (h), eff. Jan. 1, 1983, substituted
''$1,402'' for ''$1,403''.
Subsec. (m). Pub. L. 97-306, 101(a)(13), 107, 108, substituted
''$1,661'' for ''$1,547'', and repealed amendment made by Pub. L.
97-253, 405(b)(7), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(b)(7), (h), eff. Jan. 1, 1983, substituted
''$1,546'' for ''$1,547''.
Subsec. (n). Pub. L. 97-306, 101(a)(14), 107, 108, 111(a), inserted
''or has suffered blindness without light perception in both eyes,''
after ''anatomical loss of both eyes,'', substituted ''$1,888'' for
''$1,758'', and repealed amendment made by Pub. L. 97-253, 405(b)(8),
eff. Oct. 1, 1982.
Pub. L. 97-253, 405(b)(8), (h), eff. Jan. 1, 1983, substituted
''$1,757'' for ''$1,758''.
Subsec. (o). Pub. L. 97-306, 101(a)(15), 107, 108, substituted
''$2,111'' for ''$1,966'', and repealed amendment made by Pub. L.
97-253, 405(b)(9), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(b)(9), (h), eff. Jan. 1, 1983, substituted
''$1,965'' for ''$1,966''.
Subsec. (p). Pub. L. 97-306, 101(a)(15), 107, 108, 111(b),
substituted ''$2,111'' for ''$1,966'' wherever appearing, inserted ''or
service-connected anatomical loss or loss of use of one hand or one
foot'' after ''in one ear'', and repealed amendment made by Pub. L.
97-253, 405(b)(9), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(b)(9), (h), eff. Jan. 1, 1983, substituted
''$1,965'' for ''$1,966'' wherever appearing.
Pub. L. 97-253, 404(a), inserted ''down'' after ''arithmetic mean,
rounded''.
Subsec. (r). Pub. L. 97-306, 101(a)(16), 107, 108, substituted
''$906'' for ''$844'' in par. (1), ''$1,350'' for ''$1,257'' in par.
(2), and repealed amendment made by Pub. L. 97-253, 405(b)(10), eff.
Oct. 1, 1982.
Pub. L. 97-253, 405(b)(10), (h), eff. Jan. 1, 1983, substituted
''$843'' for ''$844'' in par. (1), and ''$1,256'' for ''$1,257'' in
par. (2).
Subsec. (s). Pub. L. 97-306, 101(a)(17), 107, 108, substituted
''$1,357'' for ''$1,264'', and repealed amendment made by Pub. L.
97-253, 405(b)(11), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(b)(11), (h), eff. Jan. 1, 1983, substituted
''$1,263'' for ''$1,264''.
Subsec. (t)(1). Pub. L. 97-306, 101(a)(18), 107, 108, substituted
''$262'' for ''$244'', and repealed amendment made by Pub. L. 97-253,
405(b)(12), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(b)(12), (h), eff. Jan. 1, 1983, substituted
''$243'' for ''$244''.
1981 -- Subsecs. (a) to (k). Pub. L. 97-66, 101(a)(1)-(11),
increased compensation in subsec. (a) from $54 to $58, subsec. (b)
from $99 to $107, subsec. (c) from $150 to $162, subsec. (d) from $206
to $232, subsec. (e) from $291 to $328, subsec. (f) from $367 to $413,
subsec. (g) from $434 to $521, subsec. (h) from $503 to $604, subsec.
(i) from $566 to $679, subsec. (j) from $1,016 to $1,130, and subsec.
(k) from $1,262 to $1,403 and from $1,768 to $1,966.
Subsec. (l). Pub. L. 97-66, 101(a)(12), 104(1), substituted ''loss
of use of both feet'' for ''loss of use of both hands, or both feet''
and ''$1,403'' for ''$1,262''.
Subsec. (m). Pub. L. 97-66, 101(a)(13), 104(2), substituted ''both
hands, or of both legs at a level, or with complications, preventing
natural knee action with prostheses in place, or of one arm and one leg
at levels, or with complications, preventing natural elbow and knee
action with prostheses'' for ''two extremities at a level, or with
complications, preventing natural elbow or knee action with prosthesis''
and ''$1,547'' for ''$1,391''.
Subsec. (n). Pub. L. 97-66, 101(a)(14), 104(3), substituted ''or
loss of use of both arms at levels, or with complications, preventing
natural elbow action with prostheses in place, has suffered the
anatomical loss of both legs so near the hip as to prevent the use of
prosthetic appliances, or has suffered the anatomical loss of one arm
and one leg so near the shoulder and hip as to prevent the use of
prosthetic appliances,'' for ''of two extremities so near the shoulder
or hip as to prevent the use of a prosthetic appliance'' and ''$1,758''
for ''$1,581''.
Subsec. (o). Pub. L. 97-66, 101(a)(15), 104(4), substituted
''visual acuity or less, or if the veteran has suffered the anatomical
loss of both arms so near the shoulder as to prevent the use of
prosthetic appliances, the monthly compensation shall be $1,966'' for
''visual acuity or less, the monthly compensation shall be $1,768''.
Subsec. (p). Pub. L. 97-66, 101(a)(15), substituted ''$1,966'' for
''$1,768'' in three places.
Subsec. (r). Pub. L. 97-66, 101(a)(16), substituted ''$844'' for
''$759'' in cl. (1) and ''$1,257'' for ''$1,130'' in cl. (2).
Subsec. (s). Pub. L. 97-66, 101(a)(17), increased compensation from
$1,137 to $1,264.
Subsec. (t)(1). Pub. L. 97-66, 101(a)(18), increased compensation
from $219 to $244.
1980 -- Subsecs. (a) to (o). Pub. L. 96-385, 101(a)(1)-(15),
increased compensation in subsec. (a) from $48 to $54, subsec. (b)
from $88 to $99, subsec. (c) from $133 to $150, subsec. (d) from $182
to $206, subsec. (e) from $255 to $291, subsec. (f) from $321 to $367,
subsec. (g) from $380 to $434, subsec. (h) from $440 to $503, subsec.
(i) from $495 to $566, subsec. (j) from $889 to $1,016, subsec. (k)
from $1,104 and $1,547 to $1,262 and $1,768, subsec. (l) from $1,104 to
$1,262, subsec. (m) from $1,217 to $1,391, subsec. (n) from $1,383 to
$1,581, subsec. (o) from $1,547 to $1,768.
Subsec. (p). Pub. L. 96-385, 101(a)(15), substituted ''$1,768'' for
''$1,547'' in three places.
Subsec. (r). Pub. L. 96-385, 101(a)(16), substituted ''$759'' for
''$664'' in cl. (1) and ''$1,130'' for ''$989'' in cl. (2).
Subsec. (s). Pub. L. 96-385, 101(a)(17), increased compensation from
$995 to $1,137.
Subsec. (t)(1). Pub. L. 96-385, 101(a)(18), increased compensation
from $192 to $219.
1979 -- Subsecs. (a) to (o). Pub. L. 96-128, 101(a)(1)-(15),
increased compensation in subsec. (a) from $44 to $48, subsec. (b)
from $80 to $88, subsec. (c) from $121 to $133, subsec. (d) from $166
to $182, subsec. (e) from $232 to $255, subsec. (f) from $292 to $321,
subsec. (g) from $346 to $380, subsec. (h) from $400 to $440, subsec.
(i) from $450 to $495, subsec. (j) from $809 to $889, subsec. (k) from
$56 to $62, from $1,005 to $1,104, and from $1,408 to $1,547, subsec.
(l) from $1,005 to $1,104, subsec. (m) from $1,107 to $1,217, subsec.
(n) from $1,258 to $1,383, and subsec. (o) from $1,408 to $1,547.
Subsec. (p). Pub. L. 96-128, 101(a)(15), 105, inserted provisions
respecting the establishment of any intermediate rate, and substituted
''$1,547'' for ''$1,408'' wherever appearing.
Subsec. (r). Pub. L. 96-128, 101(a)(16), 104, inserted provisions
relating to intermediate rates and struck out reference to subsections
(o) or (p) of this section in introductory text, substituted ''$664''
for ''$604'' in cl. (1), and substituted ''$989'' for ''$900'' in cl.
(2).
Subsec. (s). Pub. L. 96-128, 101(a)(17), increased compensation from
$905 to $995.
Subsec. (t)(1). Pub. L. 96-128, 101(a)(18), increased compensation
from $175 to $192.
1978 -- Subsecs. (a) to (o). Pub. L. 95-479, 101(a)(1)-(15),
increased compensation in subsec. (a) from $41 to $44, subsec. (b)
from $75 to $80, in subsec. (c) from $113 to $121, in subsec. (d) from
$155 to $166, in subsec. (e) from $216 to $232, in subsec. (f) from
$272 to $292, in subsec. (g) from $322 to $346, in subsec. (h) from
$373 to $400, in subsec. (i) from $419 to $450, in subsec. (j) from
$754 to $809, in subsec. (k) from $937 and $1,312 to $1,005 and $1,408,
respectively, in subsec. (l) from $937 to $1,005, in subsec. (m) from
$1,032 to $1,107, in subsec. (n) from $1,172 to $1,258, and in subsec.
(o) from $1,312 to $1,408.
Subsec. (p). Pub. L. 95-479, 101(a)(15), (b), substituted ''$1,408''
for ''$1,312'' in two places, and inserted provision allowing next
higher rate or intermediate rate but in no event in excess of $1,408 in
event veteran has suffered anatomical loss or loss of use, or a
combination thereof, of three extremities.
Subsec. (r). Pub. L. 95-479, 101(c), raised the monthly aid and
attendance allowance from $563 to $604, and inserted provisions relating
to need of higher level of care.
Subsec. (s). Pub. L. 95-479, 101(a)(16), substituted ''$905'' for
''$843''.
Subsec. (t). Pub. L. 95-479, 101(d), added subsec. (t).
1977 -- Subsecs. (a) to (p), (r), (s). Pub. L. 95-117 increased
compensation in subsec. (a) from $38 to $41, subsec. (b) from $70 to
$75, subsec. (c) from $106 to $113, subsec. (d) from $145 to $155,
subsec. (e) from $203 to $216, subsec. (f) from $255 to $272, subsec.
(g) from $302 to $322, subsec. (h) from $350 to $373, subsec. (i) from
$393 to $419, subsec. (j) from $707 to $754, subsec. (k) from $879 and
$1,231 to $937 and $1,312, respectively, subsec. (l) from $879 to $937,
subsec. (m) from $968 to $1,032, subsec. (n) from $1,099 to $1,172,
subsec. (o) from $1,231 to $1,312, subsec. (p) from $1,231 to $1,312,
subsec. (r) from $528 to $563, and subsec. (s) from $791 to $843.
1976 -- Subsecs. (a) to (l). Pub. L. 94-433, 101(a)(1)-(12),
increased compensation in subsec. (a) from $35 to $38, subsec. (b)
from $65 to $70, subsec. (c) from $98 to $106, subsec. (d) from $134
to $145, subsec. (e) from $188 to $203, subsec. (f) from $236 to $255,
subsec. (g) from $280 to $302, subsec. (h) from $324 to $350, subsec.
(i) from $364 to $393, subsec. (j) from $655 to $707, subsec. (k) from
$52, $814, and $1,139 to $56, $879, and $1,231, respectively, and
subsec. (l) from $814 to $879.
Subsec. (m). Pub. L. 94-433, 101(a)(13), 404(6), increased
compensation from $896 to $968 and substituted ''such veteran'' for
''him'', respectively.
Subsec. (n). Pub. L. 94-433, 101(a)(14), increased compensation from
$1,018 to $1,099.
Subsec. (o). Pub. L. 94-433, 101(a)(15), 401(4), 404(6), increased
compensation from $1,139 to $1,231, struck out ''in combination with
total blindness with 5/200 visual acuity or less,'' before ''the monthly
compensation'', and substituted ''such veteran'' for ''him'',
respectively.
Subsec. (p). Pub. L. 94-433, 101(a)(15), 404(7), increased
compensation from $1,139 to $1,231 and struck out '', in his
discretion,'' before ''may allow'', respectively.
Subsec. (r). Pub. L. 94-433, 101(a)(16), 401(5), 404(8), increased
compensation from $489 to $528 and substituted reference to section
''3203(e)'' for ''3203(f)'' of this title and ''such veteran'' for
''he'', respectively.
Subsec. (s). Pub. L. 94-433, 101(a)(17), 404(8), increased
compensation from $732 to $791 and substituted ''such veteran's'' for
''his'' after ''by reason of'' and before ''house'', respectively.
1975 -- Subsecs. (a) to (p), (r), (s). Pub. L. 94-71 increased
compensation in subsec. (a) from $32 to $35, subsec. (b) from $59 to
$65, subsec. (c) from $89 to $98, subsec. (d) from $122 to $134,
subsec. (e) from $171 to $188, subsec. (f) from $211 to $236, subsec.
(g) from $250 to $280, subsec. (h) from $289 to $324, subsec. (i) from
$325 to $364, subsec. (j) from $584 to $655, subsec. (k) from $727 and
$1,017 to $814 and $1,139 respectively, subsec. (l) from $727 to $814,
subsec. (m) from $800 to $896, subsec. (n) from $909 to $1,018,
subsec. (o) from $1,017 to $1,139, subsec. (p) from $1,017 to $1,139,
subsec. (r) from $437 to $489, and subsec. (s) from $654 to $732.
1974 -- Subsecs. (a) to (p), (r), (s). Pub. L. 93-295 increased
compensation in subsec. (a) from $28 to $32, subsec. (b) from $51 to
$59, subsec. (c) from $77 to $89, subsec. (d) from $106 to $122,
subsec. (e) from $149 to $171, subsec. (f) from $179 to $211, subsec.
(g) from $212 to $250, subsec. (h) from $245 to $289, subsec. (i) from
$275 to $325, subsec. (j) from $495 to $584, subsec. (k) from $47,
$616 and $862 to $52, $727 and $1,017, respectively, subsec. (l) from
$616 to $727, subsec. (m) from $678 to $800, subsec. (n) from $770 to
$909, subsec. (o) from $862 to $1,017, subsec. (p) from $862 to
$1,017, subsec. (r) from $370 to $437, and subsec. (s) from $554 to
$654.
1972 -- Subsecs. (a) to (p), (r), (s). Pub. L. 92-328 increased
compensation in subsec. (a) from $25 to $28, subsec. (b) from $46 to
$51, subsec. (c) from $70 to $77, subsec. (d) from $96 to $106,
subsec. (e) from $135 to $149, subsec. (f) from $163 to $179, subsec.
(g) from $193 to $212, subsec. (h) from $223 to $245, subsec. (i) from
$250 to $275, subsec. (j) from $450 to $495, subsec. (k) from $560 to
$616 and $784 to $862, respectively, subsec. (l) from $560 to $616,
subsec. (m) from $616 to $678, subsec. (n) from $700 to $770, subsec.
(o) from $784 to $862, subsec. (p) from $784 to $862, subsec. (r) from
$336 to $370, and subsec. (s) from $504 to $554.
1970 -- Subsecs. (a) to (p), (r), (s). Pub. L. 91-376 increased
compensation in subsec. (a) from $23 to $25, subsec. (b) from $43 to
$46, subsec. (c) from $65 to $70, subsec. (d) from $89 to $96, subsec.
(e) from $122 to $135, subsec. (f) from $147 to $163, subsec. (g)
from $174 to $193, subsec. (h) from $201 to $223, subsec. (i) from
$226 to $250, subsec. (j) from $400 to $450, subsec. (k) from $500 and
$700 to $560 and $784, respectively, subsec. (l) from $500 to $560,
subsec. (m) from $550 to $616, subsec. (n) from $625 to $700, subsec.
(o) from $700 to $784, subsec. (p) from $700 to $784, subsec. (r) from
$300 to $336, and subsec. (s) from $450 to $504.
1968 -- Subsecs. (a) to (p). Pub. L. 90-493, 1(a)(1)-(14), (17),
increased compensation in subsec. (a) from $21 to $23, subsec. (b)
from $40 to $43, subsec. (c) from $60 to $65, subsec. (d) from $82 to
$89, subsec. (e) from $113 to $122, subsec. (f) from $136 to $147,
subsec. (g) from $161 to $174, subsec. (h) from $186 to $201, subsec.
(i) from $209 to $226, subsec. (j) from $300 to $400, subsec. (k) from
$600 and $400 to $700 and $500, respectively, subsec. (l) from $400 to
$500, subsec. (m) from $450 to $550, subsec. (n) from $525 to $625,
subsec. (o) from $600 to $700, and subsec. (p) from $600 to $700.
Subsec. (q). Pub. L. 90-493, 4(a), struck out provision that if the
veteran is shown to have had a service-connected disability resulting
from an active tuberculous disease, the monthly compensation shall be
not less than $67, provided that, in the judgment of the Administrator,
the disease has reached a condition of complete arrest.
Subsecs. (r), (s). Pub. L. 90-493, 1(a)(15), (16), increased
compensation in subsec. (r) from $250 to $300, and in subsec. (s) from
$350 to $450.
1967 -- Subsec. (k). Pub. L. 90-77 substituted ''one or more
creative organs'' for ''a creative organ'' and ''in the event the
veteran has suffered one or more of the disabilities heretofore
specified in this subsection'' for ''in the event of anatomical loss or
loss of use of a creative organ, or one foot, or one hand, or both
buttocks, or blindness of one eye, having only light perception, or has
suffered complete organic aphonia with constant inability to communicate
by speech, or deafness of both ears, having absence of air and bone
conduction'' and inserted following ''$47 per month'' where initially
appearing ''for each such loss or loss of use'', reference to subsec.
(s) of this section and limitation of compensation to $400 per month.
1965 -- Subsecs. (a) to (m). Pub. L. 89-311, 1(a)(1)-(14),
increased compensation in subsec. (a) from $20 to $21, subsec. (b)
from $38 to $40, subsec. (c) from $58 to $60, subsec. (d) from $77 to
$82, subsec. (e) from $107 to $113, subsec. (f) from $128 to $136,
subsec. (g) from $149 to $161, subsec. (h) from $170 to $186, subsec.
(i) from $191 to $209, subsec. (j) from $250 to $300, subsec. (k) from
$525 to $600, subsec. (l) from $340 to $400, subsec. (m) from $390 to
$450, and subsec. (n) from $440 to $525.
Subsec. (o). Pub. L. 89-311, 1(a)(11), 3(d), increased compensation
from $525 to $600 and relaxed requirement of total deafness by requiring
only bilateral deafness (if the hearing impairment in either one or both
ears is service connected) rated at 60 per centum or more disabling.
Subsec. (p). Pub. L. 89-311, 3(e), increased from $525 to $600 the
allowable maximum rates when service-connected disabilities exceed the
requirements for any of the prescribed rates and inserted specific
reference to an increase to the next higher rate in the case of
service-connected blindness and bilateral deafness and an increase to
the next intermediate rate in the case of service-connected total
deafness in one ear.
Subsec. (r). Pub. L. 89-311, 1(a)(15), substituted ''$250'' for
''$200''.
Subsec. (s). Pub. L. 89-311, 1(a)(16), substituted ''$350'' for
''$290''.
1963 -- Subsec. (k). Pub. L. 88-22 provided increased compensation
for veterans suffering complete organic aphonia with constant inability
to communicate by speech.
Pub. L. 88-20 provided increased compensation for veterans suffering
deafness of both ears, having absence of air and bone conduction.
1962 -- Subsecs. (a) to (p). Pub. L. 87-645, 1(a)(1)-(14),
increased monthly compensation in subsec. (a) from $19 to $20, subsec.
(b) from $36 to $38, subsec. (c) from $55 to $58, subsec. (d) from $73
to $77, subsec. (e) from $100 to $107, subsec. (f) from $120 to $128,
subsec. (g) from $140 to $149, subsec. (h) from $160 to $170, subsec.
(i) from $179 to $191, subsec. (j) from $225 to $250, subsec. (k) from
$450 to $525, subsec. (l) from $309 to $340, subsec. (m) from $359 to
$390, subsec. (n) from $401 to $440, and subsec. (o) and (p) from $450
to $525.
Subsec. (r). Pub. L. 87-645, 1(a)(15), 2(a), increased monthly
compensation from $150 to $200, and substituted '', subject to the
limitations of section 3203(f) of this title'' for ''for all periods
during which he is not hospitalized at Government expense''.
Subsec. (s). Pub. L. 87-645, 1(a)(16), increased monthly
compensation from $265 to $290.
1960 -- Subsec. (s). Pub. L. 86-663 added subsec. (s).
1958 -- Subsec. (r). Pub. L. 85-782 added subsec. (r).
Section 7 of Pub. L. 102-152 provided that: ''The amendments made
by this Act (amending this section and sections 1115, 1162, 1311, 1313,
and 1314 of this title) shall take effect on December 1, 1991.''
Section 7 of Pub. L. 102-3 provided that: ''Section 2(b) (set out
as a note below) and the amendments made by this Act (amending this
section and sections 315, 362, 411, 413, and 414 (now 1115, 1162, 1311,
1313, and 1314) of this title) shall take effect as of January 1,
1991.''
Section 106 of Pub. L. 101-237 provided that: ''The amendments made
by this part (part A ( 101-106) of title I of Pub. L. 101-237, amending
this section and sections 315, 362, 411, 413, and 414 (now 1115, 1162,
1311, 1313, and 1314) of this title) shall take effect on December 1,
1989.''
Section 1106 of title XI of Pub. L. 100-687 provided that: ''The
amendments made by this title (amending this section and sections 315,
362, 411, 413, and 414 (now 1115, 1162, 1311, 1313, and 1314) of this
title, and enacting provisions set out as a note below) shall take
effect on December 1, 1988.''
Section 107 of title I of Pub. L. 100-227 provided that: ''The
amendments made by this title (amending this section and sections 315,
362, 411, 413, and 414 (now 1115, 1162, 1311, 1313, and 1314) of this
title and enacting provisions set out as notes under this section and
section 101 of this title) shall take effect as of December 1, 1987.''
Section 107 of Pub. L. 99-576 provided that: ''The amendments made
by sections 101 through 106 (amending this section and sections 315,
362, 411, 413, and 414 (now 1115, 1162, 1311, 1313, and 1314) of this
title) shall take effect on December 1, 1986, except that such
amendments shall not take effect unless benefit amounts payable under
title II of the Social Security Act (42 U.S.C. 401 et seq.) are
increased effective December 1, 1986, as a result of a determination
under section 215(i) of such Act (42 U.S.C 415(i)).''
Amendment by section 109(b) of Pub. L. 99-576 effective Oct. 28,
1986, see section 109(c)(1) of Pub. L. 99-576, set out as a note under
section 1160 of this title.
Section 107 of title I of Pub. L. 99-238 provided that: ''The
amendments made by this title (amending this section and sections 315,
362, 411, 413, and 414 (now 1115, 1162, 1311, 1313, and 1314) of this
title and enacting provisions set out as a note under this section)
shall take effect as of December 1, 1985.''
Section 107 of Pub. L. 98-543 provided that: ''Sections 101 through
106 (amending this section and sections 315, 362, 411, 413, and 414 (now
1115, 1162, 1311, 1313, and 1314) of this title and enacting provisions
set out as a note under this section) shall take effect on December 1,
1984.''
Section 107 of Pub. L. 98-223 provided that: ''The amendments made
by this part (part A ( 101-108) of title I of Pub. L. 98-223, see
Tables for classification) shall take effect on April 1, 1984.''
Amendment by section 112 of Pub. L. 98-223 effective Oct. 1, 1983,
see section 114 of Pub. L. 98-223, set out as a note under section 1112
of this title.
Section 108 of Pub. L. 97-306 provided that: ''The amendments made
by this part (part A ( 101-108) of title I of Pub. L. 97-306, see
Tables for classification) shall take effect on October 1, 1982.''
Section 111(c) of Pub. L. 97-306 provided that: ''The amendments
made by subsections (a) and (b) (amending this section) shall take
effect on October 1, 1982.''
Section 404(c) of Pub. L. 97-253 provided that: ''The amendments
made by this section (amending this section and section 315 (now 1115)
of this title) shall take effect on October 1, 1982.''
Section 701 of Pub L. 97-66 provided that:
''(a) The amendments made by titles I, II, and III (see Tables for
classification) shall take effect as of October 1, 1981.
''(b)(1) Except as otherwise provided in this subsection, the
amendments made by titles IV, V, and VI (see Tables for classification)
shall take effect on the date of the enactment of this Act (Oct. 17,
1981).
''(2) The amendments made by section 401 (amending sections 767 and
777 (now 1967 and 1977) of this title) shall take effect on December 1,
1981.
''(3) The amendments made by section 504 (amending section 1826 (now
3726) of this title) shall take effect as of October 17, 1980.
''(4) The amendments made by section 601(b)(1) (amending section 5010
(now 8110) of this title) shall take effect as of October 1, 1981.
''(5) The amendments made by section 602 (amending section 3203 (now
5503) of this title) shall take effect on the date of the enactment of
this Act (Oct. 17, 1981) and shall apply with respect to veterans
admitted to a Veterans' Administration hospital or nursing home on or
after such date.
''(6) The amendments made by section 603 (amending sections 906 and
1003 (now 2306 and 2403) of this title) shall apply with respect to
veterans dying before, on, or after the date of the enactment of this
Act (Oct. 17, 1981).''
Section 601 of Pub. L. 96-385 provided that:
''(a) The amendments made by titles I and II (amending this section
and sections 315, 362, 411, 413, and 414 (now 1115, 1162, 1311, 1313,
and 1314) of this title) shall apply only to payments for months
beginning after September 30, 1980.
''(b) The amendments made by title III (amending sections 801, 802,
804, and 805 (now 2101, 2102, 2104, and 2105) of this title) and by
sections 402, 501, 503 (amending sections 230, 1810 (now 3710), 1811
(now 3711), 1819 (now 3712), 3104 (now 5304), and 3203 (now 5503) of
this title), and 506 (amending section 121 of Title 36, Patriotic
Societies and Observances) shall take effect on October 1, 1980.
''(c) The amendments made by section 502 (amending section 906 (now
2306) of this title) shall apply only with respect to individuals who
die after September 30, 1980.
''(d) The amendments made by sections 401, 504, 505 (enacting
sections 1810, 1819, 3113, and 3305 (now 3710, 3712, 5313, and 5705) of
this title and amending sections 1803 and 1811 (now 3703 and 3711) of
this title) and 507 (not classified to the Code) shall take effect on
the date of the enactment of this Act (Oct. 7, 1980).
''(e) The amendments made by section 508 (amending former sections
4107 and 4109 of this title) shall take effect as of August 26, 1980.''
Section 601 of Pub. L. 96-128, as amended by Pub. L. 96-151, title
III, 306(a), Dec. 20, 1979, 93 Stat. 1097, provided that:
''(a)(1) Except as provided in paragraph (2) of this subsection, the
amendments made by titles I and II (amending this section and sections
315, 362, 411, 413, and 414 (now 1115, 1162, 1311, 1313, and 1314) of
this title) and the provisions of section 101(b) (set out as a note
below) shall take effect as of October 1, 1979.
''(2) With respect to the amendment made by clause (11) of section
101(a), that portion of the amendment amending subsection (k) of section
314 (now 1114) to increase certain monthly rates of compensation
(substituting ''$62'' for ''$56'' in two places) shall take effect as of
September 1, 1980, and that portion of the amendment amending such
subsection to increase certain maximum monthly amounts of compensation
(substituting ''$1,104'' for ''$1,005'' and ''$1,547'' for ''$1,408'')
shall take effect as of October 1, 1979.
''(b) The amendments made by titles III, IV, and V (see Tables for
classification) shall take effect on the date of the enactment of this
Act (Nov. 28, 1979).''
(Section 306(b) of Pub. L. 96-151 provided that the amendment made to
section 601(a)(2) of Pub. L. 96-128 (substituting ''clause (11)'' for
''clause (1)''), set out as a note above, shall take effect as of Nov.
28, 1979.)
Section 401 of Pub. L. 95-479 provided that:
''(a) Except as provided in subsection (b), the amendments made by
this Act (see Tables for classification) shall take effect on October 1,
1978.
''(b) The amendment made by section 302 (amending section 562 (now
1562) of this title) shall take effect on January 1, 1979.''
Section 501 of Pub. L. 95-117 provided that: ''Except as otherwise
provided in this Act, the amendments made by this Act to title 38,
United States Code (see Tables for classification), shall become
effective on October 1, 1977.''
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Section 301 of Pub. L. 94-71 provided that: ''The provisions of
this Act (see Tables for classification) shall become effective August
1, 1975.''
Section 401 of Pub. L. 93-295 provided that: ''The provisions of
this Act (see Tables for classification) shall become effective on May
1, 1974, except that title III (amending sections 1701 and 3202 (now
3501 and 5502) of this title) shall become effective on the first day of
the second calendar month following enactment (May 31, 1974).''
Section 301(a) of Pub. L. 92-328 provided that: ''Sections 101
through 107 of this Act (see Tables for classification) shall take
effect on the first day of the second calendar month which begins after
the date of enactment (June 30, 1972).''
Section 9 of Pub. L. 91-376 provided that: ''The first two sections
of this Act (amending this section and section 315 (now 1115) of this
title and enacting provision set out as a note under this section) take
effect July 1, 1970. Sections 4, 5, 6, and 7 (amending sections 103,
3010 (now 5110), and 3104 (now 5304) of this title, and enacting
provision set out as a note under section 103 of this title) take effect
January 1, 1971.''
Section 2 of Pub. L. 90-493 provided that: ''The compensation
payable pursuant to the amendments made by this Act (amending this
section) shall be payable beginning with the first day of January
1969.''
Section 4(b) of Pub. L. 90-493 provided that: ''The repeals made by
subsection (a) of this section (repealing subsec. (q) of this section
and section 356 of this title) shall not apply in the case of any
veteran who, on the date of enactment of this Act (Aug. 19, 1968), was
receiving or entitled to receive compensation for tuberculosis which in
the judgment of the Administrator had reached a condition of complete
arrest.''
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
Section 9 of Pub. L. 89-311 provided that: ''The amendments made by
the first section and sections 2, 3, and 4 of this Act (amending this
section and sections 101, 315 (now 1115), 360 (now 1160), 414 (now
1314), and 560 (now 1560) of this title and enacting provisions set out
as a note under this section) shall take effect on the first day of the
second calendar month following the date of enactment of this Act (Oct.
31, 1965).''
Section 2 of Pub. L. 88-22 provided that: ''The amendments made by
this Act (amending this section) shall take effect on the first day of
the second calendar month which begins after the date of enactment of
this Act (May 15, 1963).''
Section 2 of Pub. L. 88-20 provided that: ''The amendments made by
this Act (amending this section) shall take effect on the first day of
the second month which begins after the date of its enactment (May 15,
1963).''
Amendment by Pub. L. 87-645 effective first day of first calendar
month which begins after Sept. 7, 1962, see section 4 of Pub. L.
87-645, set out as a note under section 1112 of this title.
Section 2 of Pub. L. 86-663 provided that: ''This Act (amending
this section) shall be effective on and after the first day of the
second calendar month following the date of its enactment (July 14,
1960).''
Section 2 of Pub. L. 85-782 provided that the amendment made by that
section is effective Jan. 1, 1959.
Section 405 of Pub. L. 97-253 (amending this section and sections
315, 362, 411, 413, and 414 (now 1115, 1162, 1311, 1313, and 1314) of
this title and enacting provisions set out as notes under this section)
was repealed by Pub. L. 97-306, title I, 107, Oct. 14, 1982, 96 Stat.
1431. Section 405 of Pub. L. 97-253 had amended those sections
relating to compensation to be effective Jan. 1, 1983, in contemplation
of the later enactment of a law providing for cost-of-living increases
for fiscal year 1983, with the intent that the increases provided for
under section 405 of Pub. L. 97-253 be superseded by increases provided
for in the later law. Pub. L. 97-306 provided for the anticipated
increases and repealed section 405 of Pub. L. 97-253.
Pub. L. 102-510, 2(a), (c), Oct. 24, 1992, 106 Stat. 3318, 3319,
provided that:
''(a) In General. -- (1) The Secretary of Veterans Affairs shall, as
provided in paragraph (2), increase, effective December 1, 1992, the
rates of and limitations on Department of Veterans Affairs disability
compensation and dependency and indemnity compensation.
''(2)(A) The Secretary shall increase each of the rates and
limitations in sections 1114, 1115(1), 1162, 1311, 1313, and 1314 of
title 38, United States Code, that were increased by the amendments made
by the Veterans' Compensation Rate Amendments of 1991 (Public Law
102-152; 105 Stat. 985). The increase shall be made in such rates and
limitations as in effect on November 30, 1992, and shall be by the same
percentage that benefit amounts payable under title II of the Social
Security Act (42 U.S.C. 401 et seq.) are increased effective December 1,
1992, as a result of a determination under section 215(i) of such Act
(42 U.S.C. 415(i)).
''(B) In the computation of increased rates and limitations pursuant
to subparagraph (A), amounts of $0.50 or more shall be rounded to the
next higher dollar amount and amounts of less than $0.50 shall be
rounded to the next lower dollar amount.
''(c) Publication Requirement. -- At the same time as the matters
specified in section 214(i)(2)(D) (probably should be ''215(i)(2)(D)'')
of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be
published by reason of a determination made under section 215(i) of such
Act during fiscal year 1992, the Secretary shall publish in the Federal
Register the rates and limitations referred to in subsection (a)(2)(A)
as increased under this section.''
Pub. L. 102-510, 2(b), Oct. 24, 1992, 106 Stat. 3318, provided
that: ''The Secretary may adjust administratively, consistent with the
increases made under subsection (a) (set out above), the rates of
disability compensation payable to persons within the purview of section
10 of Public Law 85-857 (2 Stat. 1263) (set out as a note preceding
section 101 of this title) who are not in receipt of compensation
payable pursuant to chapter 11 of title 38, United States Code.''
Similar provisions were contained in the following acts:
Pub. L. 102-152, 2(b), Nov. 12, 1991, 105 Stat. 986.
Pub. L. 102-3, 2(b), Feb. 6, 1991, 105 Stat. 8.
Pub. L. 101-237, title I, 101(b), Dec. 18, 1989, 103 Stat. 2063.
Pub. L. 100-687, div. B, title XI, 1101(b), Nov. 18, 1988, 102
Stat. 4123.
Pub. L. 100-227, title I, 101(b), Dec. 31, 1987, 101 Stat. 1553.
Pub. L. 99-576, title I, 101(b), Oct. 28, 1986, 100 Stat. 3251.
Pub. L. 99-238, title I, 101(b), Jan. 13, 1986, 99 Stat. 1766.
Pub. L. 98-543, title I, 101(b), Oct. 24, 1984, 98 Stat. 2736.
Pub. L. 98-223, title I, 101(b), Mar. 2, 1984, 98 Stat. 38.
Pub. L. 97-306, title I, 101(b), Oct. 14, 1982, 96 Stat. 1430.
Pub. L. 97-66, title I, 101(b), Oct. 17, 1981, 95 Stat. 1027.
Pub. L. 96-385, title I, 101(b), Oct. 7, 1980, 94 Stat. 1529.
Pub. L. 96-128, title I, 101(b), Nov. 28, 1979, 93 Stat. 983.
Pub. L. 95-479, title I, 101(e), Oct. 18, 1978, 92 Stat. 1562.
Pub. L. 95-117, title I, 101(b), Oct. 3, 1977, 91 Stat. 1063.
Pub. L. 94-433, title I, 101(b), Sept. 30, 1976, 90 Stat. 1374.
Pub. L. 94-71, title I, 101(b), Aug. 5, 1975, 89 Stat. 395.
Pub. L. 93-295, title I, 101(b), May 31, 1974, 88 Stat. 181.
Pub. L. 92-328, title I, 101(b), June 30, 1972, 86 Stat. 393.
Pub. L. 91-376, 1(b), Aug. 12, 1970, 84 Stat. 788.
Pub. L. 90-493, 1(b), Aug. 19, 1968, 82 Stat. 809.
Pub. L. 89-311, 1(b), Oct. 31, 1965, 79 Stat. 1154.
Pub. L. 87-645, 1(b), Sept. 7, 1962, 76 Stat. 441.
38 USC 1115. Additional compensation for dependents
TITLE 38 -- VETERANS' BENEFITS
Any veteran entitled to compensation at the rates provided in section
1114 of this title, and whose disability is rated not less than 30
percent, shall be entitled to additional compensation for dependents in
the following monthly amounts:
(1) If and while rated totally disabled and --
(A) has a spouse but no child, $100;
(B) has a spouse and one or more children, $169 plus $52 for each
child in excess of one;
(C) has no spouse but one or more children, $69 plus $52 for each
child in excess of one;
(D) has a parent dependent upon such veteran for support, then, in
addition to the above amounts, $80 for each parent so dependent;
(E) notwithstanding the other provisions of this paragraph, the
monthly payable amount on account of a spouse who is (i) a patient in a
nursing home or (ii) helpless or blind, or so nearly helpless or blind
as to need or require the regular aid and attendance of another person,
shall be $185 for a totally disabled veteran and proportionate amounts
for partially disabled veterans in accordance with paragraph (2) of this
section; and
(F) notwithstanding the other provisions of this paragraph, the
monthly amount payable on account of each child who has attained the age
of eighteen years and who is pursuing a course of instruction at an
approved educational institution shall be $155 for a totally disabled
veteran and proportionate amounts for partially disabled veterans in
accordance with paragraph (2) of this section.
(2) If and while rated partially disabled, but not less than 30
percent, in an amount having the same ratio to the amount specified in
paragraph (1) of this section as the degree of disability bears to total
disability. The amounts payable under this paragraph, if not a multiple
of $1, shall be rounded down to the nearest dollar.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1121, 315; Pub. L.
86-499, 1, June 8, 1960, 74 Stat. 165; Pub. L. 89-137, 1(b), Aug.
26, 1965, 79 Stat. 576; Pub. L. 89-311, 2(a), (b), Oct. 31, 1965, 79
Stat. 1154, 1155; Pub. L. 91-376, 2, Aug. 12, 1970, 84 Stat. 788;
Pub. L. 92-328, title I, 102, June 30, 1972, 86 Stat. 394; Pub. L.
93-295, title I, 102, May 31, 1974, 88 Stat. 181; Pub. L. 94-71, title
I, 102, Aug. 5, 1975, 89 Stat. 396; Pub. L. 94-433, title I, 102,
title IV, 404(9)-(11), Sept. 30, 1976, 90 Stat. 1375, 1378; Pub. L.
95-117, title I, 102, Oct. 3, 1977, 91 Stat. 1064; Pub. L. 95-479,
title I, 102, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96-128, title I,
102, Nov. 28, 1979, 93 Stat. 983; Pub. L. 96-385, title I, 102, Oct.
7, 1980, 94 Stat. 1529; Pub. L. 97-66, title I, 102, Oct. 17, 1981,
95 Stat. 1027; Pub. L. 97-253, title IV, 404(b), 405(c), Sept. 8,
1982, 96 Stat. 803; Pub. L. 97-306, title I, 102, 107, Oct. 14, 1982,
96 Stat. 1430, 1431; Pub. L. 98-223, title I, 102, Mar. 2, 1984, 98
Stat. 38; Pub. L. 98-543, title I, 102, Oct. 24, 1984, 98 Stat. 2736;
Pub. L. 99-238, title I, 102, Jan. 13, 1986, 99 Stat. 1766; Pub. L.
99-576, title I, 102, Oct. 28, 1986, 100 Stat. 3251; Pub. L. 100-227,
title I, 102, Dec. 31, 1987, 101 Stat. 1553; Pub. L. 100-687, div. B,
title XI, 1102, Nov. 18, 1988, 102 Stat. 4123; Pub. L. 101-237, title
I, 102, Dec. 18, 1989, 103 Stat. 2063; Pub. L. 102-3, 3, Feb. 6,
1991, 105 Stat. 8; renumbered 1115 and amended Pub. L. 102-83, 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-152, 3, Nov. 12,
1991, 105 Stat. 986.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 315 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1114'' for ''314'' in
introductory provisions.
Par. (1)(A). Pub. L. 102-152, 3(1), substituted ''$100'' for
''$96''.
Pub. L. 102-3, 3(1), substituted ''$96'' for ''$92''.
Par. (1)(B). Pub. L. 102-152, 3(2), substituted ''$169'' for
''$163'' and ''$52'' for ''$50''.
Pub. L. 102-3, 3(2), substituted ''$163'' for ''$155'' and ''$50''
for ''$48''.
Par. (1)(C). Pub. L. 102-152, 3(3), substituted ''$69'' for ''$67''
and ''$52'' for ''$50''.
Pub. L. 102-3, 3(3), substituted ''$67'' for ''$64'' and ''$50'' for
''$48''.
Par. (1)(D). Pub. L. 102-152, 3(4), substituted ''$80'' for ''$77''.
Pub. L. 102-3, 3(4), substituted ''$77'' for ''$74''.
Par. (1)(E). Pub. L. 102-152, 3(5), substituted ''$185'' for
''$178''.
Pub. L. 102-3, 3(5), substituted ''$178'' for ''$169''.
Par. (1)(F). Pub. L. 102-152, 3(6), substituted ''$155'' for
''$149''.
Pub. L. 102-3, 3(6), substituted ''$149'' for ''$142''.
1989 -- Par. (1)(A). Pub. L. 101-237, 102(1), substituted ''$92''
for ''$88''.
Par. (1)(B). Pub. L. 101-237, 102(2), substituted ''$155'' and
''$48'' for ''$148'' and ''$46'', respectively.
Par. (1)(C). Pub. L. 101-237, 102(3), substituted ''$64'' and
''$48'' for ''$61'' and ''$46'', respectively.
Par. (1)(D). Pub. L. 101-237, 102(4), substituted ''$74'' for
''$71''.
Par. (1)(E). Pub. L. 101-237, 102(5), substituted ''$169'' for
''$161''.
Par. (1)(F). Pub. L. 101-237, 102(6), substituted ''$142'' for
''$136''.
1988 -- Par. (1)(A). Pub. L. 100-687, 1102(1), substituted ''$88''
for ''$85''.
Par. (1)(B). Pub. L. 100-687, 1102(2), substituted ''$148'' and
''$46'' for ''$143'' and ''$45'', respectively.
Par. (1)(C). Pub. L. 100-687, 1102(3), substituted ''$61'' and
''$46'' for ''$59'' and ''$45'', respectively.
Par. (1)(D). Pub. L. 100-687, 1102(4), substituted ''$71'' for
''$69''.
Par. (1)(E). Pub. L. 100-687, 1102(5), substituted ''$161'' for
''$155''.
Par. (1)(F). Pub. L. 100-687, 1102(6), substituted ''$136'' for
''$131''.
1987 -- Par. (1)(A). Pub. L. 100-227, 102(1), substituted ''$85''
for ''$82''.
Par. (1)(B). Pub. L. 100-227, 102(2), substituted ''$143'' and
''$45'' for ''$138'' and ''$44'', respectively.
Par. (1)(C). Pub. L. 100-227, 102(3), substituted ''$59'' and
''$45'' for ''$57'' and ''$44'', respectively.
Par. (1)(D). Pub. L. 100-227, 102(4), substituted ''$69'' for
''$67''.
Par. (1)(E). Pub. L. 100-227, 102(5), substituted ''$155'' for
''$149''.
Par. (1)(F). Pub. L. 100-227, 102(6), substituted ''$131'' for
''$126''.
1986 -- Par. (1)(A). Pub. L. 99-576, 102(1), substituted ''$82''
for ''$81''.
Pub. L. 99-238, 102(1), substituted ''$81'' for ''$79''.
Par. (1)(B). Pub. L. 99-576, 102(2), substituted ''$138'' and
''$44'' for ''$136'' and ''$43'', respectively.
Pub.L. 99-238, 102(2), substituted ''$136'' and ''$43'' for ''$132''
and ''$42'', respectively.
Par. (1)(C). Pub. L. 99-576, 102(3), substituted ''$57'' and ''$44''
for ''$56'' and ''$43'', respectively.
Pub. L. 99-238, 102(3), substituted ''$56'' and ''$43'' for ''$54''
and ''$42'', respectively.
Par. (1)(D). Pub. L. 99-576, 102(4), substituted ''$67'' for
''$66''.
Pub. L. 99-238, 102(4), substituted ''$66'' for ''$64''.
Par. (1)(E). Pub. L. 99-576, 102(5), substituted ''$149'' for
''$147''.
Pub. L. 99-238, 102(5), substituted ''$147'' for ''$143''.
Par. (1)(F). Pub. L. 99-576, 102(6), substituted ''$126'' for
''$124''.
Pub. L. 99-238, 102(6), substituted ''$124'' for ''$120''.
1984 -- Pub. L. 98-223, 102(b), substituted ''percent'' for ''per
centum'' in provision preceding par. (1).
Par. (1)(A). Pub. L. 98-543, 102(1), substituted ''$79'' for
''$77''.
Pub. L. 98-223, 102(a)(1), substituted ''$77'' for ''$74''.
Par. (1)(B). Pub. L. 98-543, 102(2), substituted ''$132'' and
''$42'' for ''$128'' and ''$41'', respectively.
Pub. L. 98-223, 102(a)(2), substituted ''$128'' and ''$41'' for
''$124'' and ''$40'', respectively.
Par. (1)(C). Pub. L. 98-543, 102(3), substituted ''$54'' and ''$42''
for ''$52'' and ''$41'', respectively.
Pub. L. 98-223, 102(a)(3), substituted ''$52'' and ''$41'' for
''$50'' and ''$40'', respectively.
Par. (1)(D). Pub. L. 98-543, 102(4), substituted ''$64'' for
''$62''.
Pub. L. 98-223, 102(a)(4), substituted ''$62'' for ''$60''.
Par. (1)(E). Pub. L. 98-543, 102(5), substituted ''$143'' for
''$139''.
Pub. L. 98-223, 102(a)(5), substituted ''$139'' for ''$134''.
Par. (1)(F). Pub. L. 98-543, 102(6), substituted ''$120'' for
''$116''.
Pub. L. 98-223, 102(a)(6), substituted ''$116'' for ''$112''.
Par. (2). Pub. L. 98-223, 102(b), substituted ''percent'' for ''per
centum''.
1982 -- Par. (1)(A). Pub. L. 97-306, 102(1), added subpar. (A) and
struck out former subpar. (A) which provided $69 for a veteran with a
spouse but no child living.
Par. (1)(B). Pub. L. 97-306, 102(1), 107, 108, added subpar. (B),
repealed amendment made by Pub. L. 97-253, 405(c)(1), eff. Oct. 1,
1982, and struck out former subpar. (B) which provided $116 for a
veteran with a spouse and one child living.
Pub. L. 97-253, 405(c)(1), (h), eff. Jan. 1, 1983, substituted
''$115'' for ''$116''.
Par. (1)(C). Pub. L. 97-306, 102(1), added subpar. (C) and struck
out former subpar. (C) which provided $153 for a veteran with a spouse
and two children living.
Par. (1)(D). Pub. L. 97-306, 102(1)-(3), 107, 108, redesignated
subpar. (H) as (D), in subpar. (D) as so redesignated, substituted
''$60'' for ''$56'', struck out former subpar. (D) which provided $192
for a veteran with a spouse and three or more children living (plus $38
for each living child in excess of three), and repealed amendment made
by Pub. L. 97-253, 405(c)(2), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(c)(2), (h), eff. Jan. 1, 1983, substituted
''$37'' for ''$38'' after ''plus''.
Par. (1)(E). Pub. L. 97-306, 102(1), (2), (4), redesignated subpar.
(I) as (E), substituted ''$134'' for ''$125'', and struck out former
subpar. (E) which provided $47 for a veteran with no spouse but one
child living.
Par. (1)(F). Pub. L. 97-306, 102(1), (2), (5), redesignated subpar.
(J) as (F), substituted ''$112'' for ''$105'', and struck out former
subpar. (F) which provided $86 for a veteran with no spouse but two
children living.
Par. (1)(G). Pub. L. 97-306, 102(1), 107, 108, struck out subpar.
(G) which provided $123 for a veteran with no spouse but three or more
children living (plus $38 for each living child in excess of three), and
repealed amendment made by Pub. L. 97-253, 405(c)(3), eff. Oct. 1,
1982.
Pub. L. 97-253, 405(c)(3), (h), eff. Jan. 1, 1983, substituted
''$37'' for ''$38'' after ''plus''.
Par. (1)(H) to (J). Pub. L. 97-306, 102(2), redesignated subpars.
(H), (I), and (J) as (D), (E), and (F), respectively.
Par. (2). Pub. L. 97-253, 404(b), substituted provisions that the
amounts payable under this paragraph, if not a multiple of $1, be
rounded down to the nearest dollar for provisions that such amounts
would be adjusted upward or downward to the nearest dollar, counting
fifty cents and over as a whole dollar.
1981 -- Par. (1)(A) to (J). Pub. L. 97-66 increased compensation
figures as follows: in subpar. (A) from $62 to $69, in subpar. (B)
from $104 to $116, in subpar. (C) from $138 to $153, in subpar. (D)
from $173 to $192 and from $34 to $38, in subpar. (E) from $42 to $47,
in subpar. (F) from $77 to $86, in subpar (G) from $111 to $123 and
from $34 to $38, in subpar. (H) from $50 to $56, in subpar. (I) from
$112 to $125, and in subpar. (J) from $94 to $105.
1980 -- Par. (1)(A) to (J). Pub. L. 96-385, 102(1)-(10), increased
additional compensation in subpar. (A) from $54 to $62, in subpar. (B)
from $91 to $104, in subpar. (C) from $121 to $138, in subpar. (D)
from $151 and $30 to $173 and $34, respectively, in subpar. (E) from
$37 to $42, in subpar. (F) from $67 to $77, in subpar. (G) from $97
and $30 to $111 and $34, respectively, in subpar. (H) from $44 to $50,
in subpar. (I) from $98 to $112, and in subpar. (J) from $82 to $94.
1979 -- Par. (1)(A) to (H). Pub. L. 96-128, 102(a)(1)-(8),
increased additional compensation in subpar. (A) from $49 to $54, in
subpar. (B) from $83 to $91, in subpar. (C) from $110 to $121, in
subpar. (D) from $137 and $27 to $151 and $30, respectively, in subpar.
(E) from $34 to $37, in subpar. (F) from $61 to $67, in subpar. (G)
from $88 and $27 to $97 and $30, respectively, and in subpar. (H) from
$40 to $44.
Par. (1)(I). Pub. L. 96-128, 102(a)(9), (b)(1)(A), substituted
''paragraph'' for ''subsection'', ''(i)'' for ''(1)'', ''(ii)'' for
''(2)'', ''$98'' for ''$89'', and ''section'' for ''subsection''.
Par. (1)(J). Pub. L. 96-128, 102(a)(10), (b)(1)(B), substituted
''paragraph'' for ''subsection'', ''$82'' for ''$75'', and ''section''
for ''subsection''.
Par. (2). Pub. L. 96-128, 102(b)(2), inserted ''of this section''
after ''(1)''.
1978 -- Pub. L. 95-479, 102(b), substituted ''30 per centum'' for
''50 per centum'' in provisions preceding par. (1).
Par. (1). Pub. L. 95-479, 102(a), substituted $49 for $46 in subpar.
(A), $83 for $77 in subpar. (B), $110 for $98 in subpar. (C), $137
and $27 for $120 and $22, respectively, in subpar. (D), $34 for $30 in
subpar. (E), $61 for $52 in subpar. (F), $88 and $27 for $77 and $22,
respectively, in subpar. (G), $40 for $37 in subpar. (H), $89 for $83
in subpar. (I), and $75 for $70 in subpar. (J).
Par. (2). Pub. L. 95-479, 102(b), substituted ''30 per centum'' for
''50 per centum''.
1977 -- Par. (1). Pub. L. 95-117 substituted $46 for $43 in subpar.
(A), $77 for $72 in subpar. (B), $98 for $92 in subpar. (C), $120 and
$22 for $113 and $21, respectively, in subpar. (D), $30 for $28 in
subpar. (E), $52 for $49 in subpar. (F), $77 and $22 for $72 and $21,
respectively, in subpar. (G), $37 for $35 in subpar. (H), $83 for $78
in subpar. (I), and $70 for $66 in subpar. (J).
1976 -- Par. (1). Pub. L. 94-433, 102, substituted $43 for $40 in
subpar. (A), $72 for $67 in subpar. (B), $92 for $85 in subpar. (C),
$113 and $21 for $105 and $19, respectively, in subpar. (D), $28 for
$26 in subpar. (E), $49 for $45 in subpar. (F), $72 and $21 for $67
and $19, respectively, in subpar. (G), $35 for $32 in subpar. (H),
added subpar. (I), and substituted $66 for $61 in subpar. (J),
formerly (I), but redesignated (J).
Pub. L. 94-433, 404(9), (10), substituted ''spouse'' for ''wife''
in subpars. (A) through (G) and ''parent dependent upon such veteran''
for ''mother or father, either or both dependent upon him'' in subpar.
(H).
Par. (2). Pub. L. 94-433, 404(11), struck out ''his'' before
''disability bears''.
1975 -- Par. (1). Pub. L. 94-71 substituted $40 for $36 in subpar.
(A), $67 for $61 in subpar. (B), $85 for $77 in subpar. (C), $105 and
$19 for $95 and $17, respectively, in subpar. (D), $26 for $24 in
subpar. (E), $45 for $41 in subpar. (F), $67 and $19 for $61 and $17,
respectively, in subpar. (G), $32 for $29 in subpar. (H) and $61 for
$55 in subpar. (I).
1974 -- Par. (1). Pub. L. 93-295 substituted $36 for $31 in subpar.
(A), $61 for $53 in subpar. (B), $77 for $67 in subpar. (C), $95 and
$17 for $83 and $15, respectively, in subpar. (D), $24 for $21 in
subpar. (E), $41 for $36 in subpar. (F), $61 and $17 for $53 and $15,
respectively, in subpar. (G), $29 for $25 in subpar. (H), and $55 for
$48 in subpar. (I).
1972 -- Par. (1). Pub. L. 92-328 substituted $31 for $28 in subpar.
(A), $53 for $48 in subpar. (B), $67 for $61 in subpar. (C), $83 and
$15 for $75 and $14, respectively, in subpar. (D), $21 for $19 in
subpar. (E), $36 for $33 in subpar. (F), $53 and $15 for $48 and $14,
respectively, in subpar. (G), $25 for $23 in subpar. (H), and $48 for
$44 in subpar. (I).
1970 -- Par. (1). Pub. L. 91-376 substituted $28 for $25 in subpar.
(A), $48 for $43 in subpar. (B), $61 for $55 in subpar. (C), $75 and
$14 for $68 and $13, respectively, in subpar. (D), $19 for $17 in
subpar. (E), $33 for $30 in subpar. (F), $48 and $14 for $43 and $13,
respectively, in subpar. (G), $23 for $21 in subpar. (H), and $44 for
$40 in subpar. (I).
1965 -- Par. (1). Pub. L. 89-311 substituted $25 for $23 in subpar.
(A), $43 for $39 in subpar. (B), $55 for $50 in subpar. (C), $68 and
$13 for $62 and $12 respectively in subpar. (D), $17 for $15 in subpar.
(E), $30 for $27 in subpar. (F), $43 and $13 for $39 and $12
respectively in subpar. (G), and $21 for $19 in subpar. (H), and added
subpar. (I).
Pub. L. 89-137 struck out subsec. (b) which prohibited payment of
the additional compensation to any veteran during any period he is in
receipt of an increased rate of subsistence allowance or education and
training allowance on account of a dependent or dependents, and
redesignated subsec. (a) as entire section.
1960 -- Subsec. (a). Pub. L. 86-499 authorized payment of $12 for
each living child in excess of three.
Amendment by Pub. L. 102-152 effective Dec. 1, 1991, see section 7
of Pub. L. 102-152, set out as a note under section 1114 of this title.
Amendment by Pub. L. 102-3 effective Jan. 1, 1991, see section 7 of
Pub. L. 102-3, set out as a note under section 1114 of this title.
Amendment by Pub. L. 101-237 effective Dec. 1, 1989, see section
106 of Pub. L. 101-237, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section
1106 of Pub. L. 100-687, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section
107 of Pub. L. 100-227, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not
effective unless benefit amounts payable under section 401 et seq. of
Title 42, The Public Health and Welfare, are increased effective Dec.
1, 1986, as a result of a determination under section 415(i) of Title
42, see section 107 of Pub. L. 99-576, set out as a note under section
1114 of this title.
Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section 107
of Pub. L. 99-238, set out as a note under section 1114 of this title.
Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section 107
of Pub. L. 98-543, set out as a note under section 1114 of this title.
Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107
of Pub. L. 98-223, set out as a note under section 1114 of this title.
Amendments by section 102 of Pub. L. 97-306 effective Oct. 1, 1982,
see section 108 of Pub. L. 97-306, set out as a note under section 1114
of this title.
Amendment by section 404(b) of Pub. L. 97-253 effective Oct. 1,
1982, see section 404(c) of Pub. L. 97-253, set out as a note under
section 1114 of this title.
Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section
701(a) of Pub. L. 97-66, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 96-385 applicable only to payments for months
beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96-385,
set out as a note under section 1114 of this title.
Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section
601(a)(1) of Pub. L. 96-128, set out as a note under section 1114 of
this title.
Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section
401(a) of Pub. L. 95-479, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501
of Pub. L. 95-117, set out as a note under section 1114 of this title.
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section 301
of Pub. L. 94-71, set out as a note under section 1114 of this title.
Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401
of Pub. L. 93-295, set out as a note under section 1114 of this title.
Amendment by Pub. L. 92-328 effective first day of second calendar
month which begins after June 30, 1972, see section 301(a) of Pub. L.
92-328, set out as a note under section 1114 of this title.
Amendment by Pub. L. 91-376 effective July 1, 1970, see section 9 of
Pub. L. 91-376, set out as a note under section 1114 of this title.
Amendment by Pub. L. 89-311 effective first day of second calendar
month following Oct. 31, 1965, see section 9 of Pub. L. 89-311, set
out as a note under section 1114 of this title.
Section 2 of Pub. L. 89-137 provided that: ''The foregoing
provisions of this Act (amending this section and former section 1504 of
this title) shall become effective on the first day of the second
calendar month which begins following the date of enactment of this Act
(Aug. 26, 1965).''
Section 2 of Pub. L. 86-499 provided that: ''The amendments made by
this Act (amending this section) shall take effect on the first day of
the second calendar month which begins after the date of enactment of
this Act (June 8, 1960).''
Section 405(c) of Pub. L. 97-253, cited as a credit to this section,
was repealed by Pub. L. 97-306, 107, 108, Oct. 14, 1982, 96 Stat.
1431, 1432, eff. Oct. 1, 1982.
Section 1(c) of Pub. L. 89-137 provided that: ''Any veteran-trainee
receiving subsistence allowance on the date of the enactment of this Act
(Aug. 26, 1965) while pursuing a course of vocational rehabilitation
authorized by chapter 31 of title 38, United States Code (former section
1501 et seq. of this title), shall not have such allowance reduced by
reason of the amendments contained in such Act (amending this section
and former section 1504 of this title).''
For increases in rates and limitations on Department of Veterans
Affairs disability compensation and dependency and indemnity
compensation, see section 2(a) of Pub. L. 102-510, set out as a note
under section 1114 of this title.
38 USC 1116. Presumptions of service connection for diseases
associated with exposure to certain herbicide agents
TITLE 38 -- VETERANS' BENEFITS
(a)(1) For the purposes of section 1110 of this title, and subject to
section 1113 of this title --
(A) a disease specified in paragraph (2) of this subsection becoming
manifest as specified in that paragraph in a veteran who, during active
military, naval, or air service, served in the Republic of Vietnam
during the Vietnam era; and
(B) each additional disease (if any) that (1) the Secretary
determines in regulations prescribed under this section warrants a
presumption of service-connection by reason of having positive
association with exposure to an herbicide agent, and (2) becomes
manifest within the period (if any) prescribed in such regulations in a
veteran who, during active military, naval, or air service, served in
the Republic of Vietnam during the Vietnam era and while so serving was
exposed to that herbicide agent,
shall be considered to have been incurred in or aggravated by such
service, notwithstanding that there is no record of evidence of such
disease during the period of such service.
(2) The diseases referred to in paragraph (1)(A) of this subsection
are the following:
(A) Non-Hodgkin's lymphoma becoming manifest to a degree of
disability of 10 percent or more.
(B) Each soft-tissue sarcoma becoming manifest to a degree of
disability of 10 percent or more other than osteosarcoma,
chondrosarcoma, Kaposi's sarcoma, or mesothelioma.
(C) Chloracne or another acneform disease consistent with chloracne
becoming manifest to a degree of disability of 10 percent or more within
one year after the last date on which the veteran performed active
military, naval, or air service in the Republic of Vietnam during the
Vietnam era.
(3) For the purposes of this subsection, a veteran who, during active
military, naval, or air service, served in the Republic of Vietnam
during the Vietnam era and has a disease referred to in paragraph (1)(B)
of this subsection shall be presumed to have been exposed during such
service to an herbicide agent containing dioxin or
2,4-dichlorophenoxyacetic acid, and may be presumed to have been exposed
during such service to any other chemical compound in an herbicide
agent, unless there is affirmative evidence to establish that the
veteran was not exposed to any such agent during that service.
(4) For purposes of this section, the term ''herbicide agent'' means
a chemical in an herbicide used in support of the United States and
allied military operations in the Republic of Vietnam during the Vietnam
era.
(b)(1) Whenever the Secretary determines, on the basis of sound
medical and scientific evidence, that a positive association exists
between (A) the exposure of humans to an herbicide agent, and (B) the
occurrence of a disease in humans, the Secretary shall prescribe
regulations providing that a presumption of service connection is
warranted for that disease for the purposes of this section.
(2) In making determinations for the purpose of this subsection, the
Secretary shall take into account (A) reports received by the Secretary
from the National Academy of Sciences under section 3 of the Agent
Orange Act of 1991, and (B) all other sound medical and scientific
information and analyses available to the Secretary. In evaluating any
study for the purpose of making such determinations, the Secretary shall
take into consideration whether the results are statistically
significant, are capable of replication, and withstand peer review.
(3) An association between the occurrence of a disease in humans and
exposure to an herbicide agent shall be considered to be positive for
the purposes of this section if the credible evidence for the
association is equal to or outweighs the credible evidence against the
association.
(c)(1)(A) Not later than 60 days after the date on which the
Secretary receives a report from the National Academy of Sciences under
section 3 of the Agent Orange Act of 1991, the Secretary shall determine
whether a presumption of service connection is warranted for each
disease covered by the report. If the Secretary determines that such a
presumption is warranted, the Secretary, not later than 60 days after
making the determination, shall issue proposed regulations setting forth
the Secretary's determination.
(B) If the Secretary determines that a presumption of service
connection is not warranted, the Secretary, not later than 60 days after
making the determination, shall publish in the Federal Register a notice
of that determination. The notice shall include an explanation of the
scientific basis for that determination. If the disease already is
included in regulations providing for a presumption of service
connection, the Secretary, not later than 60 days after publication of
the notice of a determination that the presumption is not warranted,
shall issue proposed regulations removing the presumption for the
disease.
(2) Not later than 90 days after the date on which the Secretary
issues any proposed regulations under this subsection, the Secretary
shall issue final regulations. Such regulations shall be effective on
the date of issuance.
(d) Whenever a disease is removed from regulations prescribed under
this section --
(1) a veteran who was awarded compensation for such disease on the
basis of the presumption provided in subsection (a) before the effective
date of the removal shall continue to be entitled to receive
compensation on that basis; and
(2) a survivor of a veteran who was awarded dependency and indemnity
compensation for the death of a veteran resulting from such disease on
the basis of such presumption shall continue to be entitled to receive
dependency and indemnity compensation on such basis.
(e) Subsections (b) through (d) shall cease to be effective 10 years
after the first day of the fiscal year in which the National Academy of
Sciences transmits to the Secretary the first report under section 3 of
the Agent Orange Act of 1991.
(Added Pub. L. 102-4, 2(a)(1), Feb. 6, 1991, 105 Stat. 11, 316;
renumbered 1116 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 406.)
Section 3 of the Agent Orange Act of 1991, referred to in subsecs.
(b)(2), (c)(1)(A), and (e), is section 3 of Pub. L. 102-4, which is set
out below.
1991 -- Pub. L. 102-83, 5(a), renumbered section 316 of this title
as this section.
Subsec. (a)(1). Pub. L. 102-83, 5(c)(1), substituted ''1110'' for
''310'' and ''1113'' for ''313'' in introductory provisions.
Section 3 of Pub. L. 102-4, as amended by Pub. L. 102-83, 5(c)(2),
Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-86, title V, 503(a),
(b)(1), Aug. 14, 1991, 105 Stat. 424, 425, provided that:
''(a) Purpose. -- The purpose of this section is to provide for the
National Academy of Sciences, an independent nonprofit scientific
organization with appropriate expertise which is not part of the Federal
Government, to review and evaluate the available scientific evidence
regarding associations between diseases and exposure to dioxin and other
chemical compounds in herbicides.
''(b) Agreement. -- The Secretary shall seek to enter into an
agreement with the National Academy of Sciences for the Academy to
perform the services covered by this section. The Secretary shall seek
to enter into such agreement not later than two months after the date of
the enactment of the Veterans' Benefits Programs Improvement Act of 1991
(Aug. 14, 1991).
''(c) Review of Scientific Evidence. -- Under an agreement between
the Secretary and the National Academy of Sciences under this section,
the Academy shall review and summarize the scientific evidence, and
assess the strength thereof, concerning the association between exposure
to an herbicide used in support of the United States and allied military
operations in the Republic of Vietnam during the Vietnam era and each
disease suspected to be associated with such exposure.
''(d) Scientific Determinations Concerning Diseases. -- (1) For each
disease reviewed, the Academy shall determine (to the extent that
available scientific data permit meaningful determinations) --
''(A) whether a statistical association with herbicide exposure
exists, taking into account the strength of the scientific evidence and
the appropriateness of the statistical and epidemiological methods used
to detect the association;
''(B) the increased risk of the disease among those exposed to
herbicides during service in the Republic of Vietnam during the Vietnam
era; and
''(C) whether there exists a plausible biological mechanism or other
evidence of a causal relationship between herbicide exposure and the
disease.
''(2) The Academy shall include in its reports under subsection (g) a
full discussion of the scientific evidence and reasoning that led to its
conclusions under this subsection.
''(e) Recommendations for Additional Scientific Studies. -- The
Academy shall make any recommendations it has for additional scientific
studies to resolve areas of continuing scientific uncertainty relating
to herbicide exposure. In making recommendations for further study, the
Academy shall consider the scientific information that is currently
available, the value and relevance of the information that could result
from additional studies, and the cost and feasibility of carrying out
such additional studies.
''(f) Subsequent Reviews. -- An agreement under subsection (b) shall
require the National Academy of Sciences --
''(1) to conduct as comprehensive a review as is practicable of the
evidence referred to in subsection (c) that became available since the
last review of such evidence under this section; and
''(2) to make its determinations and estimates on the basis of the
results of such review and all other reviews conducted for the purposes
of this section.
''(g) Reports. -- (1) The agreement between the Secretary and the
National Academy of Sciences shall require the Academy to transmit to
the Secretary and the Committees on Veterans' Affairs of the Senate and
House of Representatives periodic written reports regarding the
Academy's activities under the agreement. Such reports shall be
submitted at least once every two years (as measured from the date of
the first report).
''(2) The first report under this subsection shall be transmitted not
later than the end of the 18-month period beginning on the date of the
enactment of this Act (Feb. 6, 1991). That report shall include (A) the
determinations and discussion referred to in subsection (d), (B) any
recommendations of the Academy under subsection (e), and (C) the
recommendation of the Academy as to whether the provisions of each of
sections 6 through 9 (set out below) should be implemented by the
Secretary. In making its recommendation with respect to each such
section, the Academy shall consider the scientific information that is
currently available, the value and relevance of the information that
could result from implementing that section, and the cost and
feasibility of implementing that section. If the Academy recommends
that the provisions of section 6 should be implemented, the Academy
shall also recommend the means by which clinical data referred to in
that section could be maintained in the most scientifically useful way.
''(h) Limitation on Authority. -- The authority to enter into
agreements under this section shall be effective for a fiscal year to
the extent that appropriations are available.
''(i) Sunset. -- This section shall cease to be effective 10 years
after the last day of the fiscal year in which the National Academy of
Sciences transmits to the Secretary the first report under subsection
(g).
''(j) Alternative Contract Scientific Organization. -- If the
Secretary is unable within the time period prescribed in subsection (b)
to enter into an agreement with the National Academy of Sciences for the
purposes of this section on terms acceptable to the Secretary, the
Secretary shall seek to enter into an agreement for the purposes of this
section with another appropriate scientific organization that is not
part of the Government and operates as a not-for-profit entity and that
has expertise and objectivity comparable to that of the National Academy
of Sciences. If the Secretary enters into such an agreement with
another organization, then any reference in this section and in section
1116 (formerly 316) of title 38, United States Code (as added by section
2), to the National Academy of Sciences shall be treated as a reference
to the other organization.
''(k) Liability Insurance. -- (1) The Secretary may provide liability
insurance for the National Academy of Sciences or any other contract
scientific organization to cover any claim for money damages for injury,
loss of property, personal injury, or death caused by any negligent or
wrongful act or omission of any person referred to in paragraph (2) in
carrying out any of the following responsibilities of the Academy or
such other organization, as the case may be, under an agreement entered
into with the Secretary pursuant to this section:
''(A) The review, summarization, and assessment of scientific
evidence referred to in subsection (c).
''(B) The making of any determination, on the basis of such review
and assessment, regarding the matters set out in clauses (A) through (C)
of subsection (d)(1), and the preparation of the discussion referred to
in subsection (d)(2).
''(C) The making of any recommendation for additional scientific
study under subsection (e).
''(D) The conduct of any subsequent review referred to in subsection
(f) and the making of any determination or estimate referred to in such
subsection.
''(E) The preparation of the reports referred to in subsection (g).
''(2) A person referred to in paragraph (1) is --
''(A) an employee of the National Academy of Sciences or other
contract scientific organization referred to in paragraph (1); or
''(B) any individual appointed by the President of the Academy or the
head of such other contract scientific organization, as the case may be,
to carry out any of the responsibilities referred to in such paragraph.
''(3) The cost of the liability insurance referred to in paragraph
(1) shall be made from funds available to carry out this section.
''(4) The Secretary shall reimburse the Academy or person referred to
in paragraph (2) for the cost of any judgments (if any) and reasonable
attorney's fees and incidental expenses, not compensated by the
liability insurance referred to in paragraph (1) or by any other
insurance maintained by the Academy, incurred by the Academy or person
referred to in paragraph (2), in connection with any legal or
administrative proceedings arising out of or in connection with the work
to be performed under the agreement referred to in paragraph (1).
Reimbursement of the cost of such judgments, attorney's fees, and
incidental expenses shall be paid from funds appropriated for such
reimbursement or appropriated to carry out this section, but in no event
shall any such reimbursement be made from funds authorized pursuant to
section 1304 of title 31, United States Code.''
Section 6 of Pub. L. 102-4, as amended by Pub. L. 102-83, 5(c)(2),
Aug. 6, 1991, 105 Stat. 406, provided that:
''(a) In General. -- Subject to subsections (d) and (e), the
Secretary of Veterans Affairs shall compile and analyze, on a continuing
basis, all clinical data that (1) is obtained by the Department of
Veterans Affairs in connection with examinations and treatment furnished
to veterans by the Department after November 3, 1981, by reason of
eligibility provided in section 1710(e)(1)(A) of title 38, United States
Code, and (2) is likely to be scientifically useful in determining the
association, if any, between the disabilities of veterans referred to in
such section and exposure to dioxin or any other toxic substance
referred to in such section or between such disabilities and active
military, naval, or air service in the Republic of Vietnam during the
Vietnam era.
''(b) Annual Report. -- The Secretary shall submit to the Committees
on Veterans' Affairs of the Senate and the House of Representatives an
annual report containing --
''(1) the information compiled in accordance with subsection (a);
''(2) the Secretary's analysis of such information;
''(3) a discussion of the types and incidences of disabilities
identified by the Department of Veterans Affairs in the case of veterans
referred to in subsection (a);
''(4) the Secretary's explanation for the incidence of such
disabilities;
''(5) other explanations for the incidence of such disabilities
considered reasonable by the Secretary; and
''(6) the Secretary's views on the scientific validity of drawing
conclusions from the incidence of such disabilities, as evidenced by the
data compiled under subsection (a), about any association between such
disabilities and exposure to dioxin or any other toxic substance
referred to in section 1710(e)(1)(A) of title 38, United States Code, or
between such disabilities and active military, naval, or air service, in
the Republic of Vietnam during the Vietnam era.
''(c) First Report. -- The first report under subsection (b) shall be
submitted not later than one year after the effective date of this
section (see subsec. (e) of this section).
''(d) Funding. -- The authority of the Secretary to carry out this
section is effective in any fiscal year only to the extent or in the
amount specifically provided in statutory language in appropriations
Acts.
''(e) Effective Date. -- (1) This section shall take effect at the
end of the 90-day period beginning on the date on which the first report
of the National Academy of Sciences under section 3(g) (set out above)
is received by the Secretary, except that this section shall not take
effect if the Secretary, after receiving that report and before the end
of that 90-day period --
''(A) determines that it is not feasible or cost-effective to carry
out this section or that carrying out this section would not make a
material contribution to the body of scientific knowledge concerning the
health effects in humans of herbicide exposure; and
''(B) notifies the Committees on Veterans' Affairs of the Senate and
House of Representatives of the Secretary's determination and the
reasons therefor.
''(2) In making a determination under this subsection, the Secretary
shall give great weight to the views and recommendations of the Academy
expressed in that report with respect to the implementation of this
section.''
Section 7 of Pub. L. 102-4 provided that:
''(a) Establishment of System. -- Subject to subsections (e) and (f),
for the purpose of facilitating future scientific research on the
effects of exposure of veterans to dioxin and other toxic agents in
herbicides used in support of United States and allied military
operations in the Republic of Vietnam during the Vietnam era, the
Secretary of Veterans Affairs shall establish and maintain a system for
the collection and storage of voluntarily contributed samples of blood
and tissue of veterans who performed active military, naval, or air
service in the Republic of Vietnam during the Vietnam era.
''(b) Security of Specimens. -- The Secretary shall ensure that the
tissue is collected and stored under physically secure conditions and
that the tissue is maintained in a condition that is useful for research
referred to in subsection (a).
''(c) Authorized Use of Specimens. -- The Secretary may make blood
and tissue available from the system for research referred to in
subsection (a). The Secretary shall carry out this section in a manner
consistent with the privacy rights and interests of the blood and tissue
donors.
''(d) Limitations on Acceptance of Samples. -- The Secretary may
prescribe such limitations on the acceptance and storage of blood and
tissue samples as the Secretary considers appropriate consistent with
the purpose specified in subsection (a).
''(e) Funding. -- The authority of the Secretary to carry out this
section is effective in any fiscal year only to the extent or in the
amount specifically provided in statutory language in appropriations
Acts.
''(f) Effective Date. -- (1) This section shall take effect at the
end of the 90-day period beginning on the date on which the first report
of the National Academy of Sciences under section 3(g) (set out above)
is received by the Secretary, except that this section shall not take
effect if the Secretary, after receiving that report and before the end
of that 90-day period --
''(A) determines that it is not feasible or cost-effective to carry
out this section or that carrying out this section would not make a
material contribution to the body of scientific knowledge concerning the
health effects in humans of herbicide exposure; and
''(B) notifies the Committees on Veterans' Affairs of the Senate and
House of Representatives of the Secretary's determination and the
reasons therefor.
''(2) In making a determination under this subsection, the Secretary
shall give great weight to the views and recommendations of the Academy
expressed in that report with respect to the implementation of this
section.''
Section 8 of Pub. L. 102-4 provided that:
''(a) Establishment of Program. -- Subject to subsections (e) and
(f), the Secretary of Veterans Affairs shall establish a program to
provide for the conduct of studies of the feasibility of conducting
additional scientific research on --
''(1) health hazards resulting from exposure to dioxin;
''(2) health hazards resulting from exposure to other toxic agents in
herbicides used in support of United States and allied military
operations in the Republic of Vietnam during the Vietnam era; and
''(3) health hazards resulting from active military, naval, or air
service in the Republic of Vietnam during the Vietnam era.
''(b) Program Requirements. -- (1) Under the program established
pursuant to subsection (a), the Secretary shall, pursuant to criteria
prescribed pursuant to paragraph (2), award contracts or furnish
financial assistance to non-Government entities for the conduct of
studies referred to in subsection (a).
''(2) The Secretary shall prescribe criteria for (A) the selection of
entities to be awarded contracts or to receive financial assistance
under the program, and (B) the approval of studies to be conducted under
such contracts or with such financial assistance.
''(c) Report. -- The Secretary shall promptly report the results of
studies conducted under the program to the Committees on Veterans'
Affairs of the Senate and the House of Representatives.
''(d) Consultation With the National Academy of Sciences. -- (1) To
the extent provided under any agreement entered into by the Secretary
and the National Academy of Sciences under this Act (Pub. L. 102-4, see
Short Title of 1991 Amendments note under section 101 of this title) --
''(A) the Secretary shall consult with the Academy regarding the
establishment and administration of the program under subsection (a);
and
''(B) the Academy shall review the studies conducted under contracts
awarded pursuant to the program and the studies conducted with financial
assistance furnished pursuant to the program.
''(2) The agreement shall require the Academy to submit to the
Secretary and the Committees on Veterans' Affairs of the Senate and the
House of Representatives any recommendations that the Academy considers
appropriate regarding any studies reviewed under the agreement.
''(e) Funding. -- The authority of the Secretary to carry out this
section is effective in any fiscal year only to the extent or in the
amount specifically provided in statutory language in appropriations
Acts.
''(f) Effective Date. -- (1) This section shall take effect at the
end of the 90-day period beginning on the date on which the first report
of the National Academy of Sciences under section 3(g) (set out above)
is received by the Secretary, except that this section shall not take
effect if the Secretary, after receiving that report and before the end
of that 90-day period --
''(A) determines that it is not feasible or cost-effective to carry
out this section or that carrying out this section would not make a
material contribution to the body of scientific knowledge concerning the
health effects in humans of herbicide exposure; and
''(B) notifies the Committees on Veterans' Affairs of the Senate and
House of Representatives of the Secretary's determination and the
reasons therefor.
''(2) In making a determination under this subsection, the Secretary
shall give great weight to the views and recommendations of the Academy
expressed in that report with respect to the implementation of this
section.''
Section 9 of Pub. L. 102-4, as amended by Pub. L. 102-83, 5(c)(2),
Aug. 6, 1991, 105 Stat. 406, provided that:
''(a) Blood Testing. -- Subject to subsections (d) and (e), in the
case of a veteran described in section 1710(e)(1)(A) of title 38, United
States Code, who --
''(1) has applied for medical care from the Department of Veterans
Affairs; or
''(2) has filed a claim for, or is in receipt of disability
compensation under chapter 11 of title 38, United States Code,
the Secretary of Veterans Affairs shall, upon the veteran's request,
obtain a sufficient amount of blood serum from the veteran to enable the
Secretary to conduct a test of the serum to ascertain the level of
2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) which may be present in the
veteran's body.
''(b) Notification of Test Results. -- Upon completion of such test,
the Secretary shall notify the veteran of the test results and provide
the veteran a complete explanation as to what, if anything, the results
of the test indicate regarding the likelihood of the veteran's exposure
to TCDD while serving in the Republic of Vietnam.
''(c) Incorporation in System. -- The Secretary shall maintain the
veteran's blood sample and the results of the test as part of the system
required by section 7 (set out above).
''(d) Funding. -- The authority of the Secretary to carry out this
section is effective in any fiscal year only to the extent or in the
amount specifically provided in statutory language in appropriations
Acts, but such amount shall not exceed $4,000,000 in any fiscal year.
''(e) Effective Date. -- (1) This section shall take effect at the
end of the 90-day period beginning on the date on which the first report
of the National Academy of Sciences under section 3(g) (set out above)
is received by the Secretary, except that this section shall not take
effect if the Secretary, after receiving that report and before the end
of that 90-day period --
''(A) determines that it is not feasible or cost-effective to carry
out this section or that carrying out this section would not make a
material contribution to the body of scientific knowledge concerning the
health effects in humans of herbicide exposure; and
''(B) notifies the Committees on Veterans' Affairs of the Senate and
House of Representatives of the Secretary's determination and the
reasons therefor.
''(2) In making a determination under this subsection, the Secretary
shall give great weight to the views and recommendations of the Academy
expressed in that report with respect to the implementation of this
section.''
Pub. L. 99-272, title XIX, 19031, Apr. 7, 1986, 100 Stat. 385,
provided that:
''(a) Requirement for Epidemiological Study. -- (1)(A) Except as
provided in paragraph (2), the Administrator of Veterans' Affairs shall
provide for the conduct of an epidemiological study of any long-term
adverse health effects (particularly gender-specific health effects)
which have been experienced by women who served in the Armed Forces of
the United States in the Republic of Vietnam during the Vietnam era and
which may have resulted from traumatic experiences during such service,
from exposure during such service to phenoxy herbicides (including the
herbicide known as Agent Orange), to other herbicides, chemicals, or
medications that may have deleterious health effects, or to
environmental hazards, or from any other experience or exposure during
such service.
''(B) The Administrator may include in the study conducted under this
paragraph an evaluation of the means of detecting and treating long-term
adverse health effects (particularly gender-specific health effects)
found through the study.
''(2)(A) If the Administrator, in consultation with the Director of
the Office of Technology Assessment, determines that it is not feasible
to conduct a scientifically valid study of an aspect of the matters
described in paragraph (1) --
''(i) the Administrator shall promptly submit to the appropriate
committees of the Congress a notice of that determination and the
reasons for the determination; and
''(ii) the Director, not later than 60 days after the date on which
such notice is submitted to the committees, shall submit to such
committees a report evaluating and commenting on such determination.
''(B) The Administrator is not required to study any aspect of the
matters described in paragraph (1) with respect to which a determination
is made and a notice is submitted pursuant to subparagraph (A)(i).
''(C) If the Administrator submits to the Congress notice of a
determination made pursuant to subparagraph (A) that it is not
scientifically feasible to conduct the study described in paragraph
(1)(A), this section (effective as of the date of such notice) shall
cease to have effect as if repealed by law.
''(3) The Administrator shall provide for the study to be conducted
through contracts or other agreements with private or public agencies or
persons.
''(b) Approval of Protocol. -- (1) The study required by subsection
(a) shall be conducted in accordance with a protocol approved by the
Director of the Office of Technology Assessment.
''(2) Not later than July 1, 1986, the Administrator shall publish a
request for proposals for the design of the protocol to be used in
conducting the study under this section.
''(3) In considering any proposed protocol for use or approval under
this subsection, the Administrator and the Director shall take into
consideration --
''(A) the protocol approved under section 307(a)(2)(A)(i) of the
Veterans Health Programs Extension and Improvement Act of 1979 (Public
Law 96-151; 38 U.S.C. 219 note (1116 note)); and
''(B) the experience under the study being conducted pursuant to that
protocol.
''(c) OTA Reports. -- (1) Concurrent with the approval or disapproval
of any protocol under subsection (b)(1), the Director shall submit to
the appropriate committees of the Congress a report --
''(A) explaining the reasons for the Director's approval or
disapproval of the protocol, as the case may be; and
''(B) containing the Director's conclusions regarding the scientific
validity and objectivity of the protocol.
''(2) If the Director has not approved a protocol under subsection
(b)(1) by the last day of the 180-day period beginning on the date of
the enactment of this Act (Apr. 7, 1986), the Director --
''(A) shall, on such day, submit to the appropriate committees of the
Congress a report describing the reasons why the Director has not
approved such a protocol; and
''(B) shall, each 60 days thereafter until such a protocol is
approved, submit to such committees an updated report on the report
required by clause (A).
''(d) OTA Monitoring of Compliance. -- (1) In order to ensure
compliance with the protocol approved under subsection (b)(1), the
Director shall monitor the conduct of the study under subsection (a).
''(2)(A) The Director shall submit to the appropriate committees of
the Congress, at each of the times specified in subparagraph (B), a
report on the Director's monitoring of the conduct of the study pursuant
to paragraph (1).
''(B) A report shall be submitted under subparagraph (A) --
''(i) before the end of the 6-month period beginning on the date on
which the Director approves the protocol referred to in paragraph (1);
''(ii) before the end of the 12-month period beginning on such date;
and
''(iii) annually thereafter until the study is completed or
terminated.
''(e) Duration of Study. -- The study conducted pursuant to
subsection (a) shall be continued for as long after the date on which
the first report is submitted under subsection (f)(1) as the
Administrator determines that there is a reasonable possibility of
developing, through such study, significant new information on the
health effects described in subsection (a)(1).
''(f) Reports. -- (1) Not later than 24 months after the date of the
approval of the protocol pursuant to subsection (b)(1) and annually
thereafter, the Administrator shall submit to the appropriate committees
of the Congress a report containing --
''(A) a description of the results obtained, before the date of such
report, under the study conducted pursuant to subsection (a); and
''(B) any administrative actions or recommended legislation, or both,
and any additional comments which the Administrator considers
appropriate in light of such results.
''(2) Not later than 90 days after the date on which each report
required by paragraph (1) is submitted, the Administrator shall publish
in the Federal Register, for public review and comment, a description of
any action that the Administrator plans or proposes to take with respect
to programs administered by the Veterans' Administration based on --
''(A) the results described in such report;
''(B) the comments and recommendations received on that report; and
''(C) any other available pertinent information.
Each such description shall include a justification or rationale for
the planned or proposed action.
''(g) Definitions. -- For the purposes of this section:
''(1) The term 'gender-specific health effects' includes --
''(A) effects on female reproductive capacity and reproductive
organs;
''(B) effects on reproductive outcomes;
''(C) effects on female-specific organs and tissues; and
''(D) other effects unique to the physiology of females.
''(2) The term 'Vietnam era' has the meaning given such term in
section 101(29) of title 38, United States Code.''
Pub. L. 96-151, title III, 307, Dec. 20, 1979, 93 Stat. 1097, as
amended by Pub. L. 97-72, title IV, 401, Nov. 3, 1981, 95 Stat.
1061; Pub. L. 98-542, 8(a), Oct. 24, 1984, 98 Stat. 2731, directed
that a protocol be designed for an epidemiological study of the
long-term health effects of Agent Orange on Armed Forces personnel who
served in Vietnam, and that reports be submitted to Congress describing
results with comments and recommendations.
38 USC SUBCHAPTER III -- WARTIME DEATH COMPENSATION
TITLE 38 -- VETERANS' BENEFITS
38 USC 1121. Basic entitlement
TITLE 38 -- VETERANS' BENEFITS
The surviving spouse, child or children, and dependent parent or
parents of any veteran who died before January 1, 1957 as the result of
injury or disease incurred in or aggravated by active military, naval,
or air service, in line of duty, during a period of war, shall be
entitled to receive compensation at the monthly rates specified in
section 1122 of this title.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, 321; Pub. L.
92-197, 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94-433, title IV,
404(12), Sept. 30, 1976, 90 Stat. 1378; renumbered 1121 and amended
Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 321 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1122'' for ''322''.
1976 -- Pub. L. 94-433 substituted ''spouse'' for ''widow''.
1971 -- Pub. L. 92-197 struck out eligibility clause when the
veteran died after April 30, 1957, under circumstances described in
section 417(a) of this title.
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10
of Pub. L. 92-197, set out as a note under section 1311 of this title.
38 USC 1122. Rates of wartime death compensation
TITLE 38 -- VETERANS' BENEFITS
(a) The monthly rates of death compensation shall be as follows:
(1) Surviving spouse but no child, $87;
(2) Surviving spouse with one child, $121 (with $29 for each
additional child);
(3) No surviving spouse but one child, $67;
(4) No surviving spouse but two children, $94 (equally divided);
(5) No surviving spouse but three children, $122 (equally divided)
(with $23 for each additional child, total amount to be equally
divided);
(6) Dependent parent, $75;
(7) Both dependent parents, $40 each.
(b) The monthly rate of death compensation payable to a surviving
spouse or dependent parent under subsection (a) of this section shall be
increased by $79 if the payee is (1) a patient in a nursing home or (2)
helpless or blind, or so nearly helpless or blind as to need or require
the regular aid and attendance of another person.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, 322; Pub. L. 91-96,
7, Oct. 27, 1969, 83 Stat. 146; Pub. L. 91-588, 3(a), Dec. 24, 1970,
84 Stat. 1583; Pub. L. 92-197, 9, Dec. 15, 1971, 85 Stat. 662; Pub.
L. 93-295, title II, 204, May 31, 1974, 88 Stat. 183; Pub. L. 94-169,
title II, 202, Dec. 23, 1975, 89 Stat. 1021; Pub. L. 94-432, title
IV, 401, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 94-433, title IV,
404(13)-(17), Sept. 30, 1976, 90 Stat. 1378, 1379; Pub. L. 95-204,
title III, 301, Dec. 2, 1977, 91 Stat. 1459; renumbered 1122, Pub. L.
102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 322 of this title as this
section.
1977 -- Subsec. (b). Pub. L. 95-204 substituted ''$79'' for ''$74''.
1976 -- Subsec. (a). Pub. L. 94-433, 404(13)-(16), substituted
''Surviving spouse'' for ''Widow'' in pars. (1) and (2); ''surviving
spouse'' for ''widow'' in pars. (3), (4), and (5); ''parent'' for
''mother or father'' in par. (6); and ''Both dependent parents'' for
''Dependent mother and father'' in par. (7).
Subsec. (b). Pub. L. 94-433, 404(17), substituted ''surviving
spouse'' for ''widow''.
Pub. L. 94-432 substituted ''$74'' for ''$69''.
1975 -- Subsec. (b). Pub. L. 94-169 substituted, effective for
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, ''$69'' for
''$64''.
1974 -- Subsec. (b). Pub. L. 93-295 substituted ''$64'' for ''$55''.
1971 -- Subsec. (b). Pub. L. 92-197 extended benefits to dependent
parents under subsec. (a) of this section and increased the increase in
benefits from $50 to $55.
1970 -- Subsec. (b). Pub. L. 91-588 substituted ''$55'' for ''$50''.
1969 -- Pub. L. 91-96 designated existing provisions as subsec. (a)
and added subsec. (b).
Section 302 of Pub. L. 95-204 provided that: ''The provisions of
this Act (see Tables for classification) shall take effect January 1,
1978.''
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section
405(b) of Pub. L. 94-432, set out as a note under section 1521 of this
title.
Section 202 of Pub. L. 94-169, as amended by section 101 of Pub. L.
94-432, eff. Sept. 30, 1976, provided that the amendment made by that
section is effective Jan. 1, 1976.
Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401
of Pub. L. 93-295, set out as a note under section 1114 of this title.
Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10
of Pub. L. 92-197, set out as a note under section 1311 of this title.
Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section
10(a) of Pub. L. 91-588, set out as a note under section 1521 of this
title.
Amendment by Pub. L. 91-96 effective first day of second calendar
month which begins after Oct. 27, 1969, see section 8 of Pub. L.
91-96, set out as a note under section 1302 of this title.
38 USC SUBCHAPTER IV -- PEACETIME DISABILITY COMPENSATION
TITLE 38 -- VETERANS' BENEFITS
38 USC 1131. Basic entitlement
TITLE 38 -- VETERANS' BENEFITS
For disability resulting from personal injury suffered or disease
contracted in line of duty, or for aggravation of a preexisting injury
suffered or disease contracted in line of duty, in the active military,
naval, or air service, during other than a period of war, the United
States will pay to any veteran thus disabled and who was discharged or
released under conditions other than dishonorable from the period of
service in which said injury or disease was incurred, or preexisting
injury or disease was aggravated, compensation as provided in this
subchapter, but no compensation shall be paid if the disability is a
result of the veteran's own willful misconduct or abuse of alcohol or
drugs.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, 331; Pub. L.
101-508, title VIII, 8052(a)(3), Nov. 5, 1990, 104 Stat. 1388-351;
renumbered 1131, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 331 of this title as this
section.
1990 -- Pub. L. 101-508 substituted ''a result of the veteran's own
willful misconduct or abuse of alcohol or drugs'' for ''the result of
the veteran's own willful misconduct''.
Amendment by Pub. L. 101-508 effective with respect to claims filed
after Oct. 31, 1990, see section 8052(b) of Pub. L. 101-508, set out
as a note under section 105 of this title.
Naval Reserves and Marine Corps Reserve, disability and death
benefits, see section 6148 of Title 10, Armed Forces.
38 USC 1132. Presumption of sound condition
TITLE 38 -- VETERANS' BENEFITS
For the purposes of section 1131 of this title, every person employed
in the active military, naval, or air service for six months or more
shall be taken to have been in sound condition when examined, accepted
and enrolled for service, except as to defects, infirmities, or
disorders noted at the time of the examination, acceptance and
enrollment, or where evidence or medical judgment is such as to warrant
a finding that the disease or injury existed before acceptance and
enrollment.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, 332; renumbered
1132 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 332 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1131'' for ''331''.
38 USC 1133. Presumptions relating to certain diseases
TITLE 38 -- VETERANS' BENEFITS
(a) For the purposes of section 1131 of this title, and subject to
the provisions of subsections (b) and (c) of this section, any veteran
who served for six months or more and contracts a tropical disease or a
resultant disorder or disease originating because of therapy
administered in connection with a tropical disease, or as a preventative
thereof, shall be deemed to have incurred such disability in the active
military, naval, or air service when it is shown to exist within one
year after separation from active service, or at a time when standard
and accepted treatises indicate that the incubation period thereof
commenced during active service.
(b) Service-connection shall not be granted pursuant to subsection
(a), in any case where the disease or disorder is shown by clear and
unmistakable evidence to have had its inception before or after active
military, naval, or air service.
(c) Nothing in this section shall be construed to prevent the
granting of service-connection for any disease or disorder otherwise
shown by sound judgment to have been incurred in or aggravated by active
military, naval, or air service.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, 333; renumbered
1133 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 333 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1131'' for
''331''.
38 USC 1134. Rates of peacetime disability compensation
TITLE 38 -- VETERANS' BENEFITS
For the purposes of section 1131 of this title, the compensation
payable for the disability shall be that specified in section 1114 of
this title.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, 334; Pub. L.
92-328, title I, 108(a), June 30, 1972, 86 Stat. 396; renumbered 1134
and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 334 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1131'' for ''331'' and
''1114'' for ''314''.
1972 -- Pub. L. 92-328 substituted provisions that compensation
payable for the disability be that specified in section 314 of this
title, for provisions that compensation payable for the disability be
equal to 80% of the compensation payable for such disability under
section 314 of this title, adjusted upward or downward to the nearest
dollar.
Section 301(b) of Pub. L. 92-328 provided that: ''Section 108
(repealing section 336 of this title and amending this section and
section 335 (now 1135) of this title) shall take effect on July 1,
1973.''
38 USC 1135. Additional compensation for dependents
TITLE 38 -- VETERANS' BENEFITS
Any veteran entitled to compensation at the rates provided in section
1134 of this title, and whose disability is rated not less than 30
percent, shall be entitled to additional monthly compensation for
dependents as provided in section 1115 of this title.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, 335; Pub. L.
92-328, title I, 108(b), June 30, 1972, 86 Stat. 396; Pub. L. 98-543,
title I, 112(a), Oct. 24, 1984, 98 Stat. 2740; renumbered 1135 and
amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 335 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1134'' for ''334'' and
''1115'' for ''315''.
1984 -- Pub. L. 98-543 substituted ''30 percent'' for ''50 per
centum''.
1972 -- Pub. L. 92-328 substituted provisions that the veteran be
entitled to additional monthly compensation for dependents as provided
in section 315 of this title, for provisions that the veteran be
entitled to additional monthly compensation for dependents equal to 80%
of the additional compensation for dependents provided in section 315 of
this title, and subject to the limitations thereof, and adjusted upward
or downward to the nearest dollar.
Section 112(b) of Pub. L. 98-543 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect as of
October 1, 1978.''
Amendment by Pub. L. 92-328 effective July 1, 1973, see section
301(b) of Pub. L. 92-328, set out as a note under section 1134 of this
title.
38 USC ( 1136. Vacant)
TITLE 38 -- VETERANS' BENEFITS
Prior to renumbering of sections 301 to 363 of this chapter as
sections 1101 to 1163 by Pub. L. 102-83, 5(a), Aug. 6, 1991, 105
Stat. 406, section 336 of this chapter, Pub. L. 85-857, Sept. 2,
1958, 72 Stat. 1123, which set forth the conditions under which wartime
rates were payable to any veteran otherwise entitled to compensation
under the provisions of this subchapter, was repealed by Pub. L.
92-328, title I, 108(c), title III, 301(b), June 30, 1972, 86 Stat.
396, 398, effective July 1, 1973.
38 USC 1137. Wartime presumptions for certain veterans
TITLE 38 -- VETERANS' BENEFITS
For the purposes of this subchapter and subchapter V of this chapter
and notwithstanding the provisions of sections 1132 and 1133 of this
subchapter, the provisions of sections 1111, 1112, and 1113 of this
chapter shall be applicable in the case of any veteran who served in the
active military, naval, or air service after December 31, 1946.
(Added Pub. L. 89-358, 7(a), Mar. 3, 1966, 80 Stat. 27, 337;
amended Pub. L. 93-295, title II, 205, May 31, 1974, 88 Stat. 183;
renumbered 1137 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 337 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1132 and 1133'' for ''332 and
333'' and ''1111, 1112, and 1113'' for ''311, 312, and 313''.
1974 -- Pub. L. 93-295 substituted ''December 31, 1946'' for
''January 31, 1955''.
Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401
of Pub. L. 93-295, set out as a note under section 1114 of this title.
38 USC SUBCHAPTER V -- PEACETIME DEATH COMPENSATION
TITLE 38 -- VETERANS' BENEFITS
38 USC 1141. Basic entitlement
TITLE 38 -- VETERANS' BENEFITS
The surviving spouse, child or children, and dependent parent or
parents of any veteran who died before January 1, 1957, as the result of
injury or disease incurred in or aggravated by active military, naval,
or air service, in line of duty, during other than a period of war,
shall be entitled to receive compensation as hereinafter provided in
this subchapter.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, 341; Pub. L.
92-197, 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94-433, title IV,
404(18), Sept. 30, 1976, 90 Stat. 1379; renumbered 1141, Pub. L.
102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 341 of this title as this
section.
1976 -- Pub. L. 94-433 substituted ''spouse'' for ''widow''.
1971 -- Pub. L. 92-197 struck out eligibility clause when the
veteran died after April 30, 1957, under circumstances described in
section 417(a) of this title.
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10
of Pub. L. 92-197, set out as a note under section 1311 of this title.
38 USC 1142. Rates of peacetime death compensation
TITLE 38 -- VETERANS' BENEFITS
For the purposes of section 1141 of this title, the monthly rates of
death compensation payable shall be those specified in section 1122 of
this title.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, 342; Pub. L.
93-295, title II, 206(a), May 31, 1974, 88 Stat. 183; renumbered 1142
and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 342 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1141'' for ''341'' and
''1122'' for ''322''.
1974 -- Pub. L. 93-295 substituted ''those specified in section 322
of this title'' for ''equal to 80 per centum of the rates prescribed by
section 322 of this title, adjusted upward or downward to the nearest
dollar, counting fifty cents and over as a whole dollar''.
Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401
of Pub. L. 93-295, set out as a note under section 1114 of this title.
38 USC ( 1143. Vacant)
TITLE 38 -- VETERANS' BENEFITS
Prior to renumbering of sections 301 to 363 of this chapter as
sections 1101 to 1163 by Pub. L. 102-83, 5(a), Aug. 6, 1991, 105
Stat. 406, section 343 of this chapter, Pub. L. 85-857, Sept. 2,
1958, 72 Stat. 1124, which prescribed conditions under which wartime
rates of compensation were payable, was repealed by Pub. L. 93-295,
title II, 206(b), title IV, 401, May 31, 1974, 88 Stat. 183, 184,
effective May 1, 1974.
38 USC SUBCHAPTER VI -- GENERAL COMPENSATION PROVISIONS
TITLE 38 -- VETERANS' BENEFITS
38 USC 1151. Benefits for persons disabled by treatment or vocational
rehabilitation
TITLE 38 -- VETERANS' BENEFITS
Where any veteran shall have suffered an injury, or an aggravation of
an injury, as the result of hospitalization, medical or surgical
treatment, or the pursuit of a course of vocational rehabilitation under
chapter 31 of this title, awarded under any of the laws administered by
the Secretary, or as a result of having submitted to an examination
under any such law, and not the result of such veteran's own willful
misconduct, and such injury or aggravation results in additional
disability to or the death of such veteran, disability or death
compensation under this chapter and dependency and indemnity
compensation under chapter 13 of this title shall be awarded in the same
manner as if such disability, aggravation, or death were
service-connected. Where an individual is, on or after December 1,
1962, awarded a judgment against the United States in a civil action
brought pursuant to section 1346(b) of title 28 or, on or after December
1, 1962, enters into a settlement or compromise under section 2672 or
2677 of title 28 by reason of a disability, aggravation, or death
treated pursuant to this section as if it were service-connected, then
no benefits shall be paid to such individual for any month beginning
after the date such judgment, settlement, or compromise on account of
such disability, aggravation, or death becomes final until the aggregate
amount of benefits which would be paid but for this sentence equals the
total amount included in such judgment, settlement, or compromise.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, 351; Pub. L.
87-825, 3, Oct. 15, 1962, 76 Stat. 950; Pub. L. 91-24, 3, June 11,
1969, 83 Stat. 33; Pub. L. 94-433, title IV, 404(19), Sept. 30, 1976,
90 Stat. 1379; Pub. L. 98-223, title II, 213(1), Mar. 2, 1984, 98
Stat. 46; renumbered 1151 and amended Pub. L. 102-83, 4(a)(1), 5(a),
Aug. 6, 1991, 105 Stat. 403, 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 351 of this title
as this section.
Pub. L. 102-83, 4(a)(1), substituted ''administered by the
Secretary'' for ''administered by the Veterans' Administration''.
1984 -- Pub. L. 98-223 substituted ''title 28'' for ''title 28,
United States Code,'' in two places.
1976 -- Pub. L. 94-433 struck out ''him'' before ''under any of the
laws'' and substituted ''such veteran's'' for ''his'' in first sentence.
1969 -- Pub. L. 91-24 substituted '', on or after December 1,
1962,'' for ''hereafter'' wherever appearing.
1962 -- Pub. L. 87-825 provided that where an individual is awarded
a judgment under section 1346(b) of title 28, enters a settlement or
compromise under section 2672 or 2677 of such title by reason of a
disability, aggravation, or death treated pursuant to this section as if
service-connected, then no benefits shall be paid such individual for
any month beginning after such judgment, settlement or compromise
becomes final until the aggregate amount of benefits equals the total
amount included in such judgment, settlement, or compromise, and struck
out provisions which required that no benefits were to be awarded unless
application was made therefor within two years after an injury or
aggravation was suffered, or a death occurred.
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Amendment by Pub. L. 87-825 effective first day of second calendar
month which begins after Oct. 15, 1962, see section 7 of Pub. L.
87-825, set out as a note under section 110 of this title.
38 USC 1152. Persons heretofore having a compensable status
TITLE 38 -- VETERANS' BENEFITS
The death and disability benefits of this chapter shall,
notwithstanding the service requirements thereof, be granted to persons
heretofore recognized by law as having a compensable status, including
persons whose claims are based on war or peacetime service rendered
before April 21, 1898.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, 352; renumbered
1152, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 352 of this title as this
section.
38 USC 1153. Aggravation
TITLE 38 -- VETERANS' BENEFITS
A preexisting injury or disease will be considered to have been
aggravated by active military, naval, or air service, where there is an
increase in disability during such service, unless there is a specific
finding that the increase in disability is due to the natural progress
of the disease.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, 353; renumbered
1153, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 353 of this title as this
section.
38 USC 1154. Consideration to be accorded time, place, and
circumstances of service
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall include in the regulations pertaining to
service-connection of disabilities (1) additional provisions in effect
requiring that in each case where a veteran is seeking
service-connection for any disability due consideration shall be given
to the places, types, and circumstances of such veteran's service as
shown by such veteran's service record, the official history of each
organization in which such veteran served, such veteran's medical
records, and all pertinent medical and lay evidence, and (2) the
provisions required by section 5 of the Veterans' Dioxin and Radiation
Exposure Compensation Standards Act (Public Law 98-542; 98 Stat.
2727).
(b) In the case of any veteran who engaged in combat with the enemy
in active service with a military, naval, or air organization of the
United States during a period of war, campaign, or expedition, the
Secretary shall accept as sufficient proof of service-connection of any
disease or injury alleged to have been incurred in or aggravated by such
service satisfactory lay or other evidence of service incurrence or
aggravation of such injury or disease, if consistent with the
circumstances, conditions, or hardships of such service, notwithstanding
the fact that there is no official record of such incurrence or
aggravation in such service, and, to that end, shall resolve every
reasonable doubt in favor of the veteran. Service-connection of such
injury or disease may be rebutted by clear and convincing evidence to
the contrary. The reasons for granting or denying service-connection in
each case shall be recorded in full.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, 354; Pub. L.
94-433, title IV, 404(20), Sept. 30, 1976, 90 Stat. 1379; Pub. L.
98-542, 4, Oct. 24, 1984, 98 Stat. 2727; Pub. L. 102-54, 14(b)(1),
June 13, 1991, 105 Stat. 282; renumbered 1154 and amended Pub. L.
102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)
Section 5 of the Veterans' Dioxin and Radiation Exposure Compensation
Standards Act, referred to in subsec. (a), is set out below.
1991 -- Pub. L. 102-83, 5(a), renumbered section 354 of this title
as this section.
Pub. L. 102-54, 14(b)(1)(A), inserted a comma after ''place'' in
section catchline.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Pub. L. 102-54, 14(b)(1)(B), inserted before period at end ''(Public
Law 98-542; 98 Stat. 2727)''.
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1984 -- Subsec. (a). Pub. L. 98-542 designated existing provisions
as cl. (1) and added cl. (2).
1976 -- Subsec. (a). Pub. L. 94-433 substituted ''such veteran's''
for ''his'' in three places and ''such veteran'' for ''he''.
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Pub. L. 99-576, title II, 232, Oct. 28, 1986, 100 Stat. 3264, as
amended by Pub. L. 102-83, 5(c)(2), 6(h), Aug. 6, 1991, 105 Stat.
406, 408, provided that:
''(a) Establishment of Registry. -- The Secretary of Veterans Affairs
shall establish and maintain a special record to be known as the
'Ionizing Radiation Registry' (hereinafter in this section referred to
as the 'Registry').
''(b) Content of Registry. -- Except as provided in subsection (c),
the Registry shall include the following information:
''(1) A list containing the name of each veteran who was exposed to
ionizing radiation under the conditions described in section
1710(e)(1)(B) of title 38, United States Code, and who --
''(A) applies for hospital or nursing home care from the Department
of Veterans Affairs under chapter 17 of such title;
''(B) files a claim for compensation under chapter 11 of such title
on the basis of a disability which may be associated with the exposure
to ionizing radiation; or
''(C) dies and is survived by a spouse, child, or parent who files a
claim for dependency and indemnity compensation under chapter 13 of such
title on the basis of the exposure of such veteran to ionizing
radiation.
''(2) Medical data relating to each veteran listed in the Registry,
including --
''(A) the veteran's medical history, latest health status recorded by
the Department of Veterans Affairs, physical examinations, and clinical
findings; and
''(B) a statement describing birth defects, if any, in the natural
children of the veteran.
''(3) Data on claims for the compensation referred to in paragraph
(1), including decisions and determinations of the Department of
Veterans Affairs relating to such claims.
''(4) An estimate of the dose of radiation to which each veteran
listed in the Registry was exposed under the conditions described in
section 1710(e)(1)(B) of such title.
''(c) Veterans Submitting Claims Before Date of Enactment. -- If in
the case of a veteran described in subsection (b)(1) the application or
claim referred to in such subsection was submitted or filed before
October 28, 1986, the Secretary shall include in the Registry, to the
extent feasible, such veteran's name and the data and information
described in subsection (b) relating to the veteran.
''(d) Consolidation of Existing Information. -- (1) For the purpose
of establishing and maintaining the Registry, the Secretary of Veterans
Affairs shall compile and consolidate --
''(A) relevant information maintained by the Veterans Benefits
Administration and the Veterans Health Administration of the Department
of Veterans Affairs;
''(B) relevant information maintained by the Defense Nuclear Agency
of the Department of Defense; and
''(C) any relevant information maintained by any other element of the
Department of Veterans Affairs or the Department of Defense.
''(2) With respect to a veteran whose name is included in the
Registry and for whom the information in the Registry is not complete,
the Secretary of Veterans Affairs shall include information described in
paragraph (1) with respect to that veteran (A) to the extent that such
information is reasonably available in records of the Department of
Veterans Affairs or Department of Defense, or (B) if such information is
submitted by the veteran after October 28, 1986.
''(e) Department of Defense Information. -- The Secretary of Defense
shall furnish to the Secretary of Veterans Affairs such information
maintained by the Department of Defense as the Secretary of Veterans
Affairs considers necessary to establish and maintain the Registry.
''(f) Definition. -- For the purpose of this section, the term
'veteran' has the meaning given that term in section 101(2) of title 38,
United States Code, and includes a person who died in the active
military, naval, or air service.
''(g) Effective Date. -- The Registry shall be established not later
than 180 days after the date of the enactment of this Act (Oct. 28,
1986).''
Purpose
Sections 1-3 of Pub. L. 98-542, as amended by Pub. L. 102-4,
10(a), (b), Feb. 6, 1991, 105 Stat. 19, provided that:
''Section 1. This Act (amending this section, enacting provisions
set out as notes under this section, and amending provisions set out as
notes under this section and section 1116 of this title) may be cited as
the 'Veterans' Dioxin and Radiation Exposure Compensation Standards
Act'.
''Sec. 2. The Congress makes the following findings:
''(1) Veterans who served in the Republic of Vietnam during the
Vietnam era and veterans who participated in atmospheric nuclear tests
or the American occupation of Hiroshima or Nagasaki, Japan, are deeply
concerned about possible long-term health effects of exposure to
herbicides containing dioxin or to ionizing radiation.
''(2) There is scientific and medical uncertainty regarding such
long-term adverse health effects.
''(3) In section 102 of Public Law 97-22 (see Tables for
classification), the Congress responded to that uncertainty by
authorizing priority medical care at Veterans' Administration (now
Department of Veterans Affairs) facilities for any disability of a
veteran who may have been so exposed (even though there is insufficient
medical evidence linking such disability with such exposure) unless the
disability is found to have resulted from a cause other than the
exposure.
''(4) The Congress has further responded to that medical and
scientific uncertainty by requiring, in section 307 of Public Law 96-151
(set out as a note under section 1116 of this title) and section 601 of
Public Law 98-160 (set out below), the conduct of thorough
epidemiological studies of the health effects experienced by veterans in
connection with exposure both to herbicides containing dioxin and (if
not determined to be scientifically infeasible) to radiation, and by
requiring in Public Law 97-414 (see Tables for classification), the
development of radioepidemiological tables setting forth the
probabilities of causation between various cancers and exposure to
radiation.
''(5) There is some evidence that most types of leukemia,
malignancies of the thyroid, female breast, lung, bone, liver, and skin,
and polycythemia vera are associated with exposure to certain levels of
ionizing radiation.
''(6) As of the date of the enactment of this Act (Oct. 24, 1984),
there are sixty-six federally sponsored research projects being
conducted relating to herbicides containing dioxin, at a cost to the
Federal Government in excess of $130,000,000 and, as of 1981, federally
sponsored research projects relating to ionizing radiation were costing
the Federal Government more than $115,000,000.
''(7) The initial results of one project -- an epidemiological study,
conducted by the United States Air Force School of Aerospace Medicine,
of the health status of the 'Ranch Hand' veterans who carried out the
loading and aerial spraying of herbicides containing dioxin in Vietnam
and in the process came into direct skin contact with such herbicides in
their most concentrated liquid form -- were released on February 24,
1984, and contained the conclusion 'that there is insufficient evidence
to support a cause and effect relationship between herbicide exposure
and adverse health in the Ranch Hand group at this time'.
''(8) The 'film badges' which were originally issued to members of
the Armed Forces in connection with the atmospheric nuclear test program
have previously constituted a primary source of dose information for
veterans (and survivors of veterans) filing claims for Veterans'
Administration (now Department of Veterans Affairs) disability
compensation or dependency and indemnity compensation in connection with
exposure to radiation.
''(9) These film badges often provide an incomplete measure of
radiation exposure, since they were not capable of recording inhaled,
ingested, or neutron doses (although the Defense Nuclear Agency
currently has the capability to reconstruct individual estimates of such
doses), were not issued to most of the participants in nuclear tests,
often provided questionable readings because they were shielded during
the detonation, and were worn for only limited periods during and after
each nuclear detonation.
''(10) Standards governing the reporting of dose estimates in
connection with radiation-related claims for Veterans' Administration
(now Department of Veterans Affairs) disability compensation vary among
the several branches of the Armed Forces, and no uniform minimum
standards exist.
''(11) The Veterans' Administration (now Department of Veterans
Affairs) has not promulgated permanent regulations setting forth
specific guidelines, standards, and criteria for the adjudication of
claims for Veterans' Administration disability compensation based on
exposure to herbicides containing dioxin or to ionizing radiation.
''(12) Such claims (especially those involving health effects with
long latency periods) present adjudicatory issues which are
significantly different from issues generally presented in claims based
upon the usual types of injuries incurred in military service.
''(13) It has always been the policy of the Veterans' Administration
(now Department of Veterans Affairs) and is the policy of the United
States, with respect to individual claims for service connection of
diseases and disabilities, that when, after consideration of all
evidence and material of record, there is an approximate balance of
positive and negative evidence regarding the merits of an issue material
to the determination of a claim, the benefit of the doubt in resolving
each such issue shall be given to the claimant.
''Sec. 3. The purpose of this Act is to ensure that Veterans'
Administration (now Department of Veterans Affairs) disability
compensation is provided to veterans who were exposed to ionizing
radiation in connection with atmospheric nuclear tests or in connection
with the American occupation of Hiroshima or Nagasaki, Japan, for all
disabilities arising after that service that are connected, based on
sound scientific and medical evidence, to such service (and that
Veterans' Administration dependency and indemnity compensation is
provided to survivors of those veterans for all deaths resulting from
such disabilities).''
(Amendment by Pub. L. 102-4 to sections 2 and 3 of Pub. L. 98-542,
set out above, effective at the end of the six-month period beginning on
Feb. 6, 1991, except as otherwise provided, see section 10(e) of Pub. L.
102-4, set out below under sections 5 to 7 of Pub. L. 98-542.)
Committee on Environmental Standards; Nuclear
Radiation Matters Involving Other Agencies
Sections 5-7 of Pub. L. 98-542, as amended by Pub. L. 100-321,
2(c), May 20, 1988, 102 Stat. 486; Pub. L. 102-4, 10(c), (d), Feb.
6, 1991, 105 Stat. 19, 20; Pub. L. 102-83, 5(c)(2), Aug. 6, 1991,
105 Stat. 406, provided that:
''Sec. 5. (a) In carrying out the responsibilities of the
Administrator of Veterans' Affairs (now Secretary of Veterans Affairs)
under section 1154(a)(2) (formerly 354(a)(2)) of title 38, United States
Code, and in order to promote consistency in claims processing and
decisions, the Administrator shall prescribe regulations to --
''(1) establish guidelines and (where appropriate) standards and
criteria for the resolution of claims for benefits under laws
administered by the Veterans' Administration (now Department of Veterans
Affairs) where the criteria for eligibility for a benefit include a
requirement that a death or disability be service connected and the
claim of service connection is based on a veteran's exposure during
service in connection with such veteran's participation in atmospheric
nuclear tests or with the American occupation of Hiroshima or Nagasaki,
Japan, prior to July 1, 1946, to ionizing radiation from the detonation
of a nuclear device; and
''(2) ensure that, with respect to those claims, the policy of the
United States described in section 2(13) (set out above) is carried out.
''(b)(1)(A) The guidelines required to be established in regulations
prescribed under this section shall include guidelines governing the
evaluation of the findings of scientific studies relating to the
possible increased risk of adverse health effects of exposure to
ionizing radiation. Those guidelines shall require that, in the
evaluation of those studies, the Administrator (now Secretary) shall
take into account whether the results are statistically significant, are
capable of replication, and withstand peer review.
''(B) The evaluations described in subparagraph (A) shall be made by
the Administrator of Veterans' Affairs (now Secretary of Veterans
Affairs) after receiving the advice of the Scientific Council of the
Veterans' Advisory Committee on Environmental Hazards (established under
section 6). Those evaluations shall be published in the notice section
of the Federal Register.
''(C) The standards and criteria required to be established in
regulations prescribed under this section shall include provisions
governing the use in the adjudication of individual claims of the
Administrator's (now Secretary's) evaluations made under subparagraph
(B).
''(2)(A)(i) In prescribing regulations under this section, the
Administrator (now Secretary) (after receiving the advice of the
Advisory Committee and of the Scientific Council of the Veterans'
Advisory Committee on Environmental Hazards regarding the diseases
described in subparagraph (B)) shall make determinations, based on sound
medical and scientific evidence, with respect to each disease described
in subparagraph (B) as to whether service connection shall, subject to
division (ii) of this subparagraph, be granted in the adjudication of
individual cases. In making determinations regarding such diseases, the
Administrator shall give due regard to the need to maintain the policy
of the United States with respect to the resolution of contested issues
as set forth in section 2(13) (set out above). The Administrator shall
set forth in such regulations such determinations, with any
specification (relating to exposure or other relevant matter) of
limitations on the circumstances under which service connection shall be
granted, and shall implement such determinations in accordance with such
regulations.
''(ii) If the Administrator (now Secretary) makes a determination,
pursuant to this subparagraph, that service connection shall be granted
in the case of a disease described in subparagraph (B), the
Administrator shall specify in such regulations that, in the
adjudication of individual cases, service connection shall not be
granted where there is sufficient affirmative evidence to the contrary
or evidence to establish that an intercurrent injury or disease which is
a recognized cause of the described disease has been suffered between
the date of separation from service and the onset of such disease or
that the disability is due to the veteran's own willful misconduct.
''(iii) With regard to each disease described in subparagraph (B),
the Administrator (now Secretary) shall include in the regulations
prescribed under this section provisions specifying the factors to be
considered in adjudicating issues relating to whether or not service
connection should be granted in individual cases and the circumstances
governing the granting of service connection for such disease.
''(B) The diseases referred to in subparagraph (A) are those
specified in section 2(5) (set out above) and any other disease with
respect to which the Administrator (now Secretary) finds (after
receiving and considering the advice of the Scientific Council
established under section 6(d)(2)) that there is sound scientific or
medical evidence indicating a connection to exposure to ionizing
radiation, in the case of a veteran who was exposed to ionizing
radiation in connection with such veteran's participation in an
atmospheric nuclear test or with the American occupation of Hiroshima or
Nagasaki, Japan, before July 1, 1946.
''(3) The regulations prescribed under this section shall include --
''(A) specification of the maximum period of time after exposure to
such ionizing radiation for the development of those diseases; and
''(B) a requirement that a claimant filing a claim based upon a
veteran's exposure to ionizing radiation from the detonation of a
nuclear device may not be required to produce evidence substantiating
the veteran's exposure during active military, naval, or air service if
the information in the veteran's service records and other records of
the Department of Defense is not inconsistent with the claim that the
veteran was present where and when the claimed exposure occurred.
''(c)(1) The Administrator of Veterans' Affairs (now Secretary of
Veterans Affairs) shall develop the regulations required by this section
(and any amendment to those regulations) through a public review and
comment process in accordance with the provisions of section 553 of
title 5, United States Code. That process may include consideration by
the Administrator of the recommendations of the Veterans' Advisory
Committee on Environmental Hazards and the Scientific Council thereof
(established under section 6) with respect to the proposed regulations,
and that process shall include consideration by the Administrator of the
recommendations of the Committee and the Council with respect to the
final regulations and proposed and final amendments to such regulations.
The period for public review and comment shall be completed not later
than ninety days after the proposed regulations or proposed amendments
are published in the Federal Register.
''(2)(A) Not later than one hundred and eighty days after the date of
the enactment of this Act (Oct. 24, 1984), the Administrator (now
Secretary) shall develop and publish in the Federal Register a proposed
version of the regulations required to be prescribed by this section.
''(B) Not later than three hundred days after the date of the
enactment of this Act (Oct. 24, 1984), the Administrator (now Secretary)
shall publish in the Federal Register the final regulations (together
with explanations of the bases for the guidelines, standards, and
criteria contained therein) required to be prescribed by this section.
''Sec. 6. (a) The advisory committee referred to in subsections (b)
and (c) of section 5, to be known as the Veterans' Advisory Committee on
Environmental Hazards (hereinafter in this section referred to as the
'Committee') shall consist of nine members appointed by the
Administrator of Veterans' Affairs (now Secretary of Veterans Affairs)
after requesting and considering recommendations from veteran
organizations, including --
''(1) six individuals (of whom none may be members of the Armed
Forces on active duty or employees of the Veterans' Administration (now
Department of Veterans Affairs) or the Department of Defense and not
more than three may be employees of other Federal departments or
agencies), appointed, after requesting and considering the
recommendations of the heads of Federal entities with particular
expertise in biomedical and environmental science, including --
''(A) three individuals who are recognized medical or scientific
authorities in fields pertinent to understanding the health effects of
exposure to ionizing radiation; and
''(B) three individuals who are recognized medical or scientific
authorities in fields, such as epidemiology and other scientific
disciplines, pertinent to determining and assessing the health effects
of exposure to ionizing radiation in exposed populations; and
''(2) three individuals from the general public, including at least
one disabled veteran, having a demonstrated interest in and experience
relating to veterans' concerns regarding exposure to ionizing radiation.
''(b) The Committee shall include, as ex officio, nonvoting members,
the Chief Medical Director and the Chief Benefits Director of the
Veterans' Administration (now Under Secretary for Health and Under
Secretary for Benefits of the Department of Veterans Affairs), or their
designees.
''(c) The Committee shall submit to the Administrator (now Secretary)
any recommendations it considers appropriate for administrative or
legislative action.
''(d)(1) The six members of the Committee described in subsection
(a)(1) shall, in addition to serving as members of the Committee,
constitute a Scientific Council of the Committee (hereinafter in this
section referred to as the 'Council').
''(2) The Council shall have responsibility for evaluating scientific
studies relating to possible adverse health effects of exposure to
ionizing radiation.
''(3) The Council shall make findings and evaluations regarding
pertinent scientific studies and shall submit to the Committee, the
Administrator (now Secretary), and the Committees on Veterans' Affairs
of the Senate and House of Representatives directly periodic reports on
such findings and evaluations.
''(e) The Administrator (now Secretary) shall designate one of the
members to chair the Committee and another member to chair the Council.
''(f) The Administrator (now Secretary) shall determine the terms of
service and pay and allowances of members of the Committee, except that
a term of service of any member may not exceed three years. The
Administrator may reappoint any member for additional terms of service.
''(g) The Administrator (now Secretary) shall provide administrative
support services and fiscal support for the Committee.
''Sec. 7. (a) In connection with the duties of the Director of the
Defense Nuclear Agency, as Department of Defense Executive Agent for the
Nuclear Test Personnel Review Program, relating to the preparation of
radiation dose estimates with regard to claims for Veterans'
Administration (now Department of Veterans Affairs) disability
compensation and dependency and indemnity compensation under chapters 11
and 13, respectively, of title 38, United States Code --
''(1) the Secretary of Defense shall prescribe guidelines (and any
amendment to those guidelines) through a public review and comment
process in accordance with the provisions of section 553 of title 5,
United States Code --
''(A) specifying the minimum standards governing the preparation of
radiation dose estimates in connection with claims for such
compensation,
''(B) making such standards uniformly applicable to the several
branches of the Armed Forces, and
''(C) requiring that each such estimate furnished to the Veterans'
Administration (now Department of Veterans Affairs) and to any veteran
or survivor include information regarding all material aspects of the
radiation environment to which the veteran was exposed and which form
the basis of the claim, including inhaled, ingested, and neutron doses;
and
''(2) the Secretary of Health and Human Services, through the
Director of the National Institutes of Health, shall --
''(A) conduct a review of the reliability and accuracy of scientific
and technical devices and techniques (such as 'whole body counters')
which may be useful in determining previous radiation exposure;
''(B) submit to the Administrator of Veterans' Affairs (now Secretary
of Veterans Affairs) and the Committees on Veterans' Affairs of the
House of Representatives and the Senate, not later than July 1, 1985, a
report regarding the results of such review, including information
concerning the availability of such devices and techniques, the
categories of exposed individuals as to whom use of such devices and
techniques may be appropriate, and the reliability and accuracy of dose
estimates which may be derived from such devices and techniques; and
''(C) enter into an interagency agreement with the Administrator of
Veterans' Affairs (now Secretary of Veterans Affairs) for the purpose of
assisting the Administrator in identifying agencies or other entities
capable of furnishing services involving the use of such devices and
techniques.
''(b) The Administrator of Veterans' Affairs (now Secretary of
Veterans Affairs), in resolving material differences between a radiation
dose estimate, from a credible source, submitted by a veteran or
survivor and a radiation dose estimate prepared and transmitted by the
Director of the Defense Nuclear Agency, shall provide for the
preparation of a radiation dose estimate by an independent expert, who
shall be selected by the Director of the National Institutes of Health
and who shall not be affiliated with the Defense Nuclear Agency, and the
Administrator shall provide for the consideration of such independent
estimate in connection with the adjudication of the claim for Veterans'
Administration (now Department of Veterans Affairs) compensation.''
(Pub. L. 102-4, 10(e), Feb. 6, 1991, 105 Stat. 20, as amended by
Pub. L. 102-86, title V, 503(b)(2), Aug. 14, 1991, 105 Stat. 425,
provided that:
(''(1) Except as provided in paragraph (2), the amendments made by
this section (amending sections 2 and 3 of Pub. L. 98-542, set out
above, and sections 5 and 6 of Pub. L. 98-542, set out above) shall take
effect at the end of the two-month period beginning on the date of the
enactment of the Veterans' Benefits Programs Improvement Act of 1991
(Aug. 14, 1991).
(''(2)(A) If the Secretary of Veterans Affairs determines before the
end of such period that the Environmental Hazards Advisory Committee
established under section 6 of Public Law 98-542 (38 U.S.C. 354 note)
(set out above) has completed its responsibilities under that section
and the directives of the Secretary pursuant to the Nehmer case court
order, the amendments made by this section shall take effect as of the
date of such determination.
(''(B) For purposes of this paragraph, the term 'Nehmer case court
order' means the court order dated May 2, 1989, in the case of Nehmer v.
Department of Veterans Affairs, in the United States district court for
the northern district of California (civil action docket number
C-86-6160 TEH).
(''(3) If the Secretary makes a determination under paragraph (2),
the Secretary shall promptly publish in the Federal Register a notice
that such determination has been made and that such amendments have
thereby taken effect as of the date of such determination.'')
Section 10 of Pub. L. 98-542, as added by Pub. L. 102-578, 3, Oct.
30, 1992, 106 Stat. 4774, provided that:
''(a) In General. -- (1) In order to determine whether activities
(other than the tests or occupation activities referred to in section
5(a)(1)(B) (probably means section 5(a)(1), set out above)) resulted in
the exposure of veterans to ionizing radiation during the service of
such veterans that occurred before January 1, 1970, and whether adverse
health effects have been observed or may have resulted from such
exposure in a significant number of such veterans, the Advisory
Committee established under section 6 (set out above) shall --
''(A) review all available scientific studies and other relevant
information relating to the exposure of such veterans to ionizing
radiation during such service;
''(B) identify any activity during which significant numbers of
veterans received exposure; and
''(C) on the basis of such review, submit to the Secretary of
Veterans Affairs a report containing the recommendation of the Advisory
Committee on the feasibility and appropriateness for the purpose of the
determination under this paragraph of any additional investigation with
respect to any activity of such veterans during such service.
''(2) Upon the request of the Advisory Committee, the Secretary of
Veterans Affairs (after seeking such assistance from the Secretary of
Defense as is necessary and appropriate) shall make available to the
Advisory Committee records and other information relating to the service
referred to in paragraph (1) that may assist the Advisory Committee in
carrying out the review and recommendation referred to in that
paragraph.
''(3) The Advisory Committee shall submit to the Secretary of
Veterans Affairs the report referred to in paragraph (1)(C) not later
than August 1, 1993.
''(b) Investigation Plan and Report. -- (1) Upon receipt of the
report referred to in subparagraph (C) of subsection (a)(1), the
Secretary of Veterans Affairs shall --
''(A) identify which of the activities referred to in that
subparagraph, if any, that the Secretary intends to investigate more
fully for the purpose of making the determination referred to in that
subsection; and
''(B) prepare a plan (including a deadline for the plan) to carry out
that investigation and make that determination.
''(2) Not later than December 1, 1993, the Secretary shall submit to
the Committees on Veterans' Affairs of the Senate and House of
Representatives a report containing --
''(A) a list of the activities identified by the Secretary pursuant
to paragraph (1)(A) and the basis of such identification;
''(B) a copy of the report of the Advisory Committee referred to in
subsection (a)(1)(C); and
''(C) the plan referred to in paragraph (1)(B).''
Section 9 of Pub. L. 98-542 provided for payment of interim monthly
disability benefits to veterans who had served in Vietnam during Vietnam
era and who had diseases chloracne and porphyria cutanea tarda which
manifested themselves within one year after date of veteran's most
recent departure from Vietnam, but with no such interim benefits to be
paid after Sept. 30, 1986.
Pub. L. 98-160, title VI, Nov. 21, 1983, 97 Stat. 1006, as amended
by Pub. L. 98-542, 8(b), Oct. 24, 1984, 98 Stat. 2732, provided for
the conduct of an epidemiological study of long-term adverse health
effects of exposure to ionizing radiation from detonation of nuclear
devices in connection with tests of such devices or in connection with
occupation of Hiroshima and Nagasaki, Japan, between Sept. 11, 1945,
and July 1, 1946, and provided for reports to Congress on studies made
together with recommendations as to necessary legislation.
38 USC 1155. Authority for schedule for rating disabilities
TITLE 38 -- VETERANS' BENEFITS
The Secretary shall adopt and apply a schedule of ratings of
reductions in earning capacity from specific injuries or combination of
injuries. The ratings shall be based, as far as practicable, upon the
average impairments of earning capacity resulting from such injuries in
civil occupations. The schedule shall be constructed so as to provide
ten grades of disability and no more, upon which payments of
compensation shall be based, namely, 10 percent, 20 percent, 30 percent,
40 percent, 50 percent, 60 percent, 70 percent, 80 percent, 90 percent,
and total, 100 percent. The Secretary shall from time to time readjust
this schedule of ratings in accordance with experience. However, in no
event shall such a readjustment in the rating schedule cause a veteran's
disability rating in effect on the effective date of the readjustment to
be reduced unless an improvement in the veteran's disability is shown to
have occurred.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125, 355; Pub. L.
98-223, title I, 101(c), Mar. 2, 1984, 98 Stat. 38; renumbered 1155
and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105
Stat. 404-406; Pub. L. 102-86, title I, 103(a), Aug. 14, 1991, 105
Stat. 414.)
1991 -- Pub. L. 102-86 amended this section as in effect before the
redesignations made by Pub. L. 102-83, 5, by inserting at end
''However, in no event shall such a readjustment in the rating schedule
cause a veteran's disability rating in effect on the effective date of
the readjustment to be reduced unless an improvement in the veteran's
disability is shown to have occurred.''
Pub. L. 102-83, 5(a), renumbered section 355 of this title as this
section.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in two places.
1984 -- Pub. L. 98-223 substituted ''percent'' for ''per centum''
wherever appearing.
Section 103(b) of Pub. L. 102-86 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply with regard
to changes in rating schedules that take effect after the date of the
enactment of this Act (Aug. 14, 1991).''
Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107
of Pub. L. 98-223, set out as a note under section 1114 of this title.
38 USC ( 1156. Vacant)
TITLE 38 -- VETERANS' BENEFITS
Prior to renumbering of sections 301 to 363 of this chapter as
sections 1101 to 1163 by Pub. L. 102-83, 5(a), Aug. 6, 1991, 105
Stat. 406, section 356 of this chapter, Pub. L. 85-857, Sept. 2,
1958, 72 Stat. 1125, which provided for a minimum rating for veterans
with arrested tuberculosis, was repealed by Pub. L. 90-493, 4, Aug.
19, 1968, 82 Stat. 809, but repeal not applicable in case of veteran
who on Aug. 19, 1968, was receiving or entitled to receive compensation
for tuberculosis which in the judgment of the Administrator had reached
a condition of complete arrest.
38 USC 1157. Combination of certain ratings
TITLE 38 -- VETERANS' BENEFITS
The Secretary shall provide for the combination of ratings and pay
compensation at the rates prescribed in subchapter II of this chapter to
those veterans who served during a period of war and during any other
time, who have suffered disability in line of duty in each period of
service.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125, 357; renumbered
1157 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 357 of this title
as this section.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
38 USC 1158. Disappearance
TITLE 38 -- VETERANS' BENEFITS
Where a veteran receiving compensation under this chapter disappears,
the Secretary may pay the compensation otherwise payable to the veteran
to such veteran's spouse, children, and parents. Payments made to such
spouse, child, or parent under the preceding sentence shall not exceed
the amounts payable to each if the veteran had died from
service-connected disability.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125, 358; Pub. L.
86-212, Sept. 1, 1959, 73 Stat. 436; Pub. L. 94-433, title IV,
404(21), Sept. 30, 1976, 90 Stat. 1379; renumbered 1158 and amended
Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.
404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 358 of this title
as this section.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
1976 -- Pub. L. 94-433 struck out '', in his discretion,'' after
''Administrator'' and substituted ''such veteran's spouse'' for ''his
wife'' and ''such spouse'' for ''a wife''.
1959 -- Pub. L. 86-212 substituted ''a veteran'' for ''an
incompetent veteran''.
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
38 USC 1159. Protection of service connection
TITLE 38 -- VETERANS' BENEFITS
Service connection for any disability or death granted under this
title which has been in force for ten or more years shall not be severed
on or after January 1, 1962, except upon a showing that the original
grant of service connection was based on fraud or it is clearly shown
from military records that the person concerned did not have the
requisite service or character of discharge. The mentioned period shall
be computed from the date determined by the Secretary as the date on
which the status commenced for rating purposes.
(Added Pub. L. 86-501, 1, June 10, 1960, 74 Stat. 195, 359;
amended Pub. L. 87-825, 6, Oct. 15, 1962, 76 Stat. 950; renumbered
1159 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 359 of this title
as this section.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
1962 -- Pub. L. 87-825 provided for computation of the period from
the date the administrator determines as the date the status commenced
for rating purposes.
Amendment by Pub. L. 87-825 effective first day of second calendar
month which begins after Oct. 15, 1962, see section 7 of Pub. L.
87-825, set out as a note under section 110 of this title.
38 USC 1160. Special consideration for certain cases of loss of paired
organs or extremities
TITLE 38 -- VETERANS' BENEFITS
(a) Where a veteran has suffered --
(1) blindness in one eye as a result of service-connected disability
and blindness in the other eye as a result of non-service-connected
disability not the result of the veteran's own willful misconduct;
(2) the loss or loss of use of one kidney as a result of
service-connected disability and involvement of the other kidney as a
result of non-service-connected disability not the result of the
veteran's own willful misconduct;
(3) total deafness in one ear as a result of service-connected
disability and total deafness in the other ear as the result of
non-service-connected disability not the result of the veteran's own
willful misconduct;
(4) the loss or loss of use of one hand or one foot as a result of
service-connected disability and the loss or loss of use of the other
hand or foot as a result of non-service-connected disability not the
result of the veteran's own willful misconduct; or
(5) permanent service-connected disability of one lung, rated 50
percent or more disabling, in combination with a non-service-connected
disability of the other lung that is not the result of the veteran's own
willful misconduct,
the Secretary shall assign and pay to the veteran the applicable rate
of compensation under this chapter as if the combination of disabilities
were the result of service-connected disability.
(b) If a veteran described in subsection (a) of this section receives
any money or property of value pursuant to an award in a judicial
proceeding based upon, or a settlement or compromise of, any cause of
action for damages for the non-service-connected disability described in
such subsection, the increase in the rate of compensation otherwise
payable under this section shall not be paid for any month following a
month in which any such money or property is received until such time as
the total of the amount of such increase that would otherwise have been
payable equals the total of the amount of any such money received and
the fair market value of any such property received.
(Added Pub. L. 87-610, 1, Aug. 28, 1962, 76 Stat. 406, 360;
amended Pub. L. 89-311, 3(a), (b), Oct. 31, 1965, 79 Stat. 1155; Pub.
L. 94-433, title IV, 404(22), Sept. 30, 1976, 90 Stat. 1379; Pub. L.
98-160, title VII, 702(3), Nov. 21, 1983, 97 Stat. 1009; Pub. L.
99-576, title I, 109(a)(1), Oct. 28, 1986, 100 Stat. 3253; renumbered
1160 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 360 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in concluding provisions.
1986 -- Pub. L. 99-576 amended section generally, substituting
''loss of paired organs or extremities'' for ''blindness or bilateral
kidney involvement or bilateral deafness'' in section catchline. Prior
to amendment, text of section read as follows: ''Where any veteran (1)
has suffered blindness in one eye as a result of service-connected
disability and has suffered blindness in the other eye as a result of
non-service-connected disability not the result of such veteran's own
willful misconduct, or (2) has suffered the loss or loss of use of one
kidney as a result of service-connected disability, and has suffered
severe involvement of the other kidney such as to cause total
disability, as a result of non-service-connected disability not the
result of such veteran's own willful misconduct, or (3) has suffered
total deafness in one ear as a result of service-connected disability
and has suffered total deafness in the other ear as the result of
non-service-connected disability not the result of such veteran's own
willful misconduct, the Administrator shall assign and pay to the
veteran concerned the applicable rate of compensation under this chapter
as if such veteran's blindness in both eyes or such bilateral kidney
involvement were the result of service-connected disability.''
1983 -- Pub. L. 98-160 substituted ''(1) has suffered'' for ''has
suffered (1)''.
1976 -- Pub. L. 94-433 substituted ''such veteran's'' for ''his''
wherever appearing.
1965 -- Pub. L. 89-311 added cl. (3) referring to total deafness in
one ear as a result of service-connected disability and total deafness
in the other ear as the result of non-service-connected disability not
the result of his own willful misconduct, inserted reference to total
deafness in both ears and, in section catchline, inserted reference to
bilateral deafness.
Section 109(c) of Pub. L. 99-576 provided that:
''(1) Except as provided in paragraph (2), the amendments made by
this section (amending this section and section 314 (now 1114) of this
title) shall take effect on the date of the enactment of this Act (Oct.
28, 1986).
''(2) In the case of an award of compensation for a disability
described in clause (1), (2), (3), or (5) of subsection (a) of section
360 (now 1160) of title 38, United States Code, as amended by subsection
(a) of this section, subsection (b) of such section shall apply only to
awards of compensation made on or after the date of the enactment of
this Act (Oct. 28, 1986).''
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Amendment by Pub. L. 89-311 effective first day of second calendar
month following Oct. 31, 1965, see section 9 of Pub. L. 89-311, set
out as a note under section 1114 of this title.
38 USC 1161. Payment of disability compensation in disability
severance cases
TITLE 38 -- VETERANS' BENEFITS
The deduction of disability severance pay from disability
compensation, as required by section 1212(c) of title 10, shall be made
at a monthly rate not in excess of the rate of compensation to which the
former member would be entitled based on the degree of such former
member's disability as determined on the initial Department rating.
(Added Pub. L. 91-241, May 7, 1970, 84 Stat. 203, 361; amended Pub.
L. 94-433, title IV, 404(23), Sept. 30, 1976, 90 Stat. 1379; Pub. L.
98-160, title VII, 702(4), Nov. 21, 1983, 97 Stat. 1009; renumbered
1161 and amended Pub. L. 102-83, 4(a)(3), (4), 5(a), Aug. 6, 1991, 105
Stat. 404, 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 361 of this title
as this section.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
1983 -- Pub. L. 98-160 struck out ''United States Code,'' after
''title 10,''.
1976 -- Pub. L. 94-433 substituted ''such former member's'' for
''his''.
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
38 USC 1162. Clothing allowance
TITLE 38 -- VETERANS' BENEFITS
The Secretary under regulations which the Secretary shall prescribe,
shall pay a clothing allowance of $452 per year to each veteran who --
(1) because of a service-connected disability, wears or uses a
prosthetic or orthopedic appliance (including a wheelchair) which the
Secretary determines tends to wear out or tear the clothing of the
veteran; or
(2) uses medication which (A) a physician has prescribed for a skin
condition which is due to a service-connected disability, and (B) the
Secretary determines causes irreparable damage to the veteran's
outergarments.
(Added Pub. L. 92-328, title I, 103(a), June 30, 1972, 86 Stat.
394, 362; amended Pub. L. 94-71, title I, 103, Aug. 5, 1975, 89 Stat.
396; Pub. L. 94-433, title III, 301, title IV, 404(24), Sept. 30,
1976, 90 Stat. 1377, 1379; Pub. L. 95-117, title III, 301, Oct. 3,
1977, 91 Stat. 1065; Pub. L. 95-479, title I, 103, Oct. 18, 1978, 92
Stat. 1562; Pub. L. 96-128, title I, 103, Nov. 28, 1979, 93 Stat.
984; Pub. L. 96-385, title I, 103, Oct. 7, 1980, 94 Stat. 1529; Pub.
L. 97-66, title I, 103, Oct. 17, 1981, 95 Stat. 1027; Pub. L. 97-253,
title IV, 405(d), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97-306, title
I, 103, 107, Oct. 14, 1982, 96 Stat. 1430, 1431; Pub. L. 98-223,
title I, 103, Mar. 2, 1984, 98 Stat. 38; Pub. L. 98-543, title I,
103, Oct. 24, 1984, 98 Stat. 2736; Pub. L. 99-238, title I, 103, Jan.
13, 1986, 99 Stat. 1766; Pub. L. 99-576, title I, 103, Oct. 28, 1986,
100 Stat. 3251; Pub. L. 100-227, title I, 103, Dec. 31, 1987, 101
Stat. 1553; Pub. L. 100-687, div. B, title XI, 1103, Nov. 18, 1988,
102 Stat. 4124; Pub. L. 101-237, title I, 103, 112, Dec. 18, 1989,
103 Stat. 2063, 2065; Pub. L. 102-3, 4, Feb. 6, 1991, 105 Stat. 8;
renumbered 1162, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406;
Pub. L. 102-152, 4, Nov. 12, 1991, 105 Stat. 986.)
1991 -- Pub. L. 102-152 substituted ''$452'' for ''$436''.
Pub. L. 102-83 renumbered section 362 of this title as this section.
Pub. L. 102-3 substituted ''$436'' for ''$414''.
1989 -- Pub. L. 101-237, 112, substituted ''Secretary under'' for
''Administrator under'' and ''Secretary shall'' for ''Administrator
shall'', and substituted ''who -- '' and pars. (1) and (2) for ''who
because of disability which is compensable under the provisions of this
chapter, wears or uses prosthetic or orthopedic appliance or appliances
(including a wheelchair) which the Administrator determines tends to
wear out or tear the clothing of such a veteran.''
Pub. L. 101-237, 103, substituted ''$414'' for ''$395''.
1988 -- Pub. L. 100-687 substituted ''$395'' for ''$380''.
1987 -- Pub. L. 100-227 substituted ''$380'' for ''$365''.
1986 -- Pub. L. 99-576 substituted ''$365'' for ''$360''.
Pub. L. 99-238 substituted ''$360'' for ''$349''.
1984 -- Pub. L. 98-543 substituted ''$349'' for ''$338''.
Pub. L. 98-223 substituted ''$338'' for ''$327''.
1982 -- Pub. L. 97-306, 103, 107, 108, substituted ''$327'' for
''$305'' and repealed amendment made by Pub. L. 97-253, 405(d), eff.
Oct. 1, 1982.
Pub. L. 97-253, 405(d), (h), eff. Jan. 1, 1983, substituted
''$304'' for ''$305'' after ''clothing allowance of''.
1981 -- Pub. L. 97-66 substituted ''$305'' for ''$274''.
1980 -- Pub. L. 96-385 substituted ''$274'' for ''$240''.
1979 -- Pub. L. 96-128 substituted ''$240'' for ''$218''.
1978 -- Pub. L. 95-479 substituted ''$218'' for ''$203''.
1977 -- Pub. L. 95-117 substituted ''$203'' for ''$190''.
1976 -- Pub. L. 94-433, 301, 404(24), substituted ''$190'' for
''$175'' and ''the Administrator shall prescribe'' for ''he shall
prescribe''.
1975 -- Pub. L. 94-71 substituted $175 for $150.
Amendment by Pub. L. 102-152 effective Dec. 1, 1991, see section 7
of Pub. L. 102-152, set out as a note under section 1114 of this title.
Amendment by Pub. L. 102-3 effective Jan. 1, 1991, see section 7 of
Pub. L. 102-3, set out as a note under section 1114 of this title.
Amendment by section 103 of Pub. L. 101-237 effective Dec. 1, 1989,
see section 106 of Pub. L. 101-237, set out as a note under section
1114 of this title.
Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section
1106 of Pub. L. 100-687, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section
107 of Pub. L. 100-227, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not
effective unless benefit amounts payable under section 401 et seq. of
Title 42, The Public Health and Welfare, are increased effective Dec.
1, 1986, as a result of a determination under section 415(i) of Title
42, see section 107 of Pub. L. 99-576, set out as a note under section
1114 of this title.
Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section 107
of Pub. L. 99-238, set out as a note under section 1114 of this title.
Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section 107
of Pub. L. 98-543, set out as a note under section 1114 of this title.
Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107
of Pub. L. 98-223, set out as a note under section 1114 of this title.
Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section 108
of Pub. L. 97-306, set out as a note under section 1114 of this title.
Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section
701(a) of Pub. L. 97-66, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 96-385 applicable only to payments for months
beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96-385,
set out as a note under section 1114 of this title.
Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section
601(a)(1) of Pub. L. 96-128, set out as a note under section 1114 of
this title.
Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section
401(a) of Pub. L. 95-479, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501
of Pub. L. 95-117, set out as a note under section 1114 of this title.
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section 301
of Pub. L. 94-71, set out as a note under section 1114 of this title.
Section effective first day of second calendar month which begins
after June 30, 1972, see section 301(a) of Pub. L. 92-328, set out as
an Effective Date of 1972 Amendment note under section 1114 of this
title.
Section 405(d) of Pub. L. 97-253, cited as a credit to this section,
was repealed by Pub. L. 97-306, 107, 108, Oct. 14, 1982, 96 Stat.
1431, 1432, eff. Oct. 1, 1982.
For increases in rates and limitations on Department of Veterans
Affairs disability compensation and dependency and indemnity
compensation, see section 2(a) of Pub. L. 102-510, set out as a note
under section 1114 of this title.
38 USC 1163. Trial work periods and vocational rehabilitation for
certain veterans with total disability ratings
TITLE 38 -- VETERANS' BENEFITS
(a)(1) The disability rating of a qualified veteran who begins to
engage in a substantially gainful occupation after January 31, 1985, may
not be reduced on the basis of the veteran having secured and followed a
substantially gainful occupation unless the veteran maintains such an
occupation for a period of 12 consecutive months.
(2) For purposes of this section, the term ''qualified veteran''
means a veteran who has a service-connected disability, or
service-connected disabilities, not rated as total but who has been
awarded a rating of total disability by reason of inability to secure or
follow a substantially gainful occupation as a result of such disability
or disabilities.
(b) The Secretary shall make counseling services described in section
3104(a)(2) of this title and placement and postplacement services
described in section 3104(a)(5) of this title available to each
qualified veteran (whether or not the veteran is participating in a
vocational rehabilitation program under chapter 31 of this title).
(c)(1) In the case of each award after January 31, 1985, of a rating
of total disability described in subsection (a)(2) of this section to a
veteran, the Secretary shall provide to the veteran, at the time that
notice of the award is provided to the veteran, a statement providing --
(A) notice of the provisions of this section;
(B) information explaining the purposes and availability of and
eligibility for, and the procedures for pursuing, a vocational
rehabilitation program under chapter 31 of this title; and
(C) a summary description of the scope of services and assistance
available under that chapter.
(2) After providing the notice required under paragraph (1) of this
subsection, the Secretary shall offer the veteran the opportunity for an
evaluation under section 3106(a) of this title.
(Added Pub. L. 98-543, title I, 111(a)(1), Oct. 24, 1984, 98 Stat.
2738, 363; amended Pub. L. 100-687, div. B, title XIII, 1301, Nov.
18, 1988, 102 Stat. 4127; renumbered 1163 and amended Pub. L. 102-83,
4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub.
L. 102-291, 2(a), May 20, 1992, 106 Stat. 178; Pub. L. 102-568, title
IV, 401(a)-(d)(1), Oct. 29, 1992, 106 Stat. 4336.)
1992 -- Pub. L. 102-568, 401(d)(1), substituted ''Trial work
periods and vocational rehabilitation for certain veterans with total
disability ratings'' for ''Temporary program for trial work periods and
vocational rehabilitation for certain veterans with total disability
ratings'' as section catchline.
Subsec. (a)(1). Pub. L. 102-568, 401(a)(1), substituted ''after
January 31, 1985,'' for ''during the program period''.
Subsec. (a)(2). Pub. L. 102-568, 401(a)(2), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ''For
purposes of this section:
''(A) The term 'qualified veteran' means a veteran who has a
service-connected disability, or service-connected disabilities, not
rated as total but who has been awarded a rating of total disability by
reason of inability to secure or follow a substantially gainful
occupation as a result of such disability or disabilities.
''(B) The term 'program period' means the period beginning on
February 1, 1985, and ending on December 31, 1992.''
Pub. L. 102-291 substituted ''December 31, 1992'' for ''January 31,
1992'' in subpar. (B).
Subsec. (b). Pub. L. 102-568, 401(b), substituted ''The Secretary''
for ''During the program period, the Secretary''.
Subsec. (c)(1). Pub. L. 102-568, 401(c), substituted ''after January
31, 1985, of a rating of total disability described in subsection
(a)(2)'' for ''during the program period of a rating of total disability
described in subsection (a)(2)(A)''.
1991 -- Pub. L. 102-83, 5(a), renumbered section 363 of this title
as this section.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''3104(a)(2)'' for
''1504(a)(2)'' and ''3104(a)(5)'' for ''1504(a)(5)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''3106(a)'' for
''1506(a)'' in par. (2).
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in pars. (1) and (2).
1988 -- Subsec. (a)(2)(B). Pub. L. 100-687, 1301(a), substituted
''1992'' for ''1989''.
Subsec. (c)(1). Pub. L. 100-687, 1301(b)(2), (3), substituted ''(1)
In'' for ''(1)(A) Except as provided in paragraph (4) of this
subsection, in'', redesignated cls. (i), (ii), and (iii) as subpars.
(A), (B), and (C), respectively, and struck out former subpar. (B)
which required that, after providing notice, Administrator arrange
promptly for evaluation to determine whether achievement of vocational
goal by veteran is feasible.
Subsec. (c)(2). Pub. L. 100-687, 1301(b)(1), (3)(B), added par. (2)
and struck out former par. (2) which related to failure of veteran to
participate in evaluation, and reduction of disability rating.
Subsec. (c)(3). Pub. L. 100-687, 1301(b)(1), struck out par. (3)
which related to individualized written plan of vocational
rehabilitation after completion of evaluation, and failure to pursue
program of vocational rehabilitation described in such plan.
Subsec. (c)(4). Pub. L. 100-687, 1301(b)(1), struck out par. (4)
which read as follows: ''This subsection does not apply with respect to
a veteran as to whom the Administrator determines that an evaluation of
vocational rehabilitation potential or achievement of a vocational goal
is not reasonably feasible.''
Section 2(d) of Pub. L. 102-291 provided that: ''The amendments
made by subsections (a) through (c) (amending this section and sections
1524 and 1525 of this title) shall take effect as of January 31, 1992.''
Section 2(e) of Pub. L. 102-291 provided that: ''The following
actions of the Secretary of Veterans Affairs during the period beginning
on February 1, 1992, and ending on the date of the enactment of this Act
(May 20, 1992) are hereby ratified with respect to that period:
''(1) A failure to reduce the disability rating of a veteran who
began to engage in a substantially gainful occupation during that
period.
''(2) The provision of a vocational training program (including
related evaluations and other related services) to a veteran under
section 1524 of title 38, United States Code, and the making of related
determinations under that section.
''(3) The provision of health care and services to a veteran pursuant
to section 1525 of title 38, United States Code.''
Section 111(b) of Pub. L. 98-543 directed Administrator of Veterans'
Affairs to provide, not later than Apr. 1, 1985, to certain veterans
with service-connected disabilities, a statement containing information
explaining subsec. (b) of this section, information explaining purposes
and availability of and eligibility for, and procedures for pursuing, a
vocational rehabilitation program under chapter 31 of this title, and a
summary description of scope of services and assistance available under
chapter 31.
Section 111(c) of Pub. L. 98-543, as amended by Pub. L. 99-576,
title VII, 703(a)(2), Oct. 28, 1986, 100 Stat. 3303, directed
Administrator of Veterans' Affairs to submit, not later than Apr. 15,
1988, to Committees on Veterans' Affairs of Senate and House of
Representatives a report on results of implementation of this section
during the three-year period beginning on Feb. 1, 1985.
38 USC CHAPTER 13 -- DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
TITLE 38 -- VETERANS' BENEFITS
Sec.
1301. Definitions.
1302. Determination of pay grade.
1304. Special provisions relating to surviving spouses.
1310. Deaths entitling survivors to dependency and indemnity
compensation.
1311. Dependency and indemnity compensation to a surviving spouse.
1312. Benefits in certain cases of in-service or service-connected
deaths.
1313. Dependency and indemnity compensation to children.
1314. Supplemental dependency and indemnity compensation to
children.
1315. Dependency and indemnity compensation to parents.
1316. Dependency and indemnity compensation in cases of prior
deaths.
1317. Restriction on payments under this chapter.
1318. Benefits for survivors of certain veterans rated totally
disabled at time of death.
1321. Certifications with respect to pay grade.
1322. Certifications with respect to social security entitlement.
1323. Certifications with respect to circumstances of death.
1991 -- Pub. L. 102-83, 4(b)(3)(B), 5(b)(1), Aug. 6, 1991, 105
Stat. 405, 406, renumbered items 401 to 423 as 1301 to 1323,
respectively, and in item 1323 substituted ''with respect to
circumstances of death'' for ''by Administrator''.
1988 -- Pub. L. 100-687, div. B, title XIV, 1403(a)(2), Nov. 18,
1988, 102 Stat. 4130, added item 418.
1982 -- Pub. L. 97-306, title I, 113(b)(2), Oct. 14, 1982, 96
Stat. 1432, struck out item 403 ''Coverage of members of Reserve
Officers' Training Corps''.
1976 -- Pub. L. 94-433, 405(6), (8), Sept. 30, 1976, 90 Stat.
1379, substituted ''surviving spouses'' for ''widows'' in item 404 and
''surviving spouse'' for ''widow'' in item 411.
1969 -- Pub. L. 91-96, 6, Oct. 27, 1969, 83 Stat. 145,
substituted ''Determination of pay grade'' for ''Computation of basic
pay'' in item 402 and ''Certifications with respect to pay grade'' for
''Certifications with respect to basic pay'' in item 421.
Provisions of section 552(a) of Title 37, Pay and Allowances of the
Uniformed Services, for full effectiveness for all purposes of promotion
of a member while in a missing status notwithstanding a determination of
death before the making of the promotion effective as of Nov. 24, 1971,
for the purposes of this chapter, see section 2 of Pub. L. 93-26, Apr.
27, 1973, 87 Stat. 26, set out as an Effective Date of 1973 Amendment
note under section 552 of Title 37.
sections 1431, 1446; title 26 section 6334; title 31
section 3803.
38 USC SUBCHAPTER I -- GENERAL
TITLE 38 -- VETERANS' BENEFITS
38 USC 1301. Definitions
TITLE 38 -- VETERANS' BENEFITS
As used in this chapter --
The term ''veteran'' includes a person who died in the active
military, naval, or air service.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1126, 401; Pub. L. 91-24,
4(a), June 11, 1969, 83 Stat. 33; Pub. L. 91-96, 5, Oct. 27, 1969, 83
Stat. 145; renumbered 1301, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105
Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 401 of this title as this
section.
1969 -- Pub. L. 91-96 struck out par. (1) which defined ''basic
pay''.
Par. (1). Pub. L. 91-24 substituted ''sections 201, 202, 203, 204,
205, or 207 of title 37'' for ''sections 232(a), 232(e), or 308 of Title
37''.
Amendment by Pub. L. 91-96 effective first day of second calendar
month which begins after Oct. 27, 1969, see section 8 of Pub. L.
91-96, set out as a note under section 1302 of this title.
For limitation on increases in dependency and indemnity compensation
payable under this chapter, see section 8005 of Pub. L. 101-508, set
out as a note under section 1101 of this title.
38 USC 1302. Determination of pay grade
TITLE 38 -- VETERANS' BENEFITS
(a) With respect to a veteran who died in the active military, naval,
or air service, such veteran's pay grade shall be determined as of the
date of such veteran's death or as of the date of a promotion after
death while in a missing status.
(b) With respect to a veteran who did not die in the active military,
naval, or air service, such veteran's pay grade shall be determined as
of --
(1) the time of such veteran's last discharge or release from active
duty under conditions other than dishonorable; or
(2) the time of such veteran's discharge or release from any period
of active duty for training or inactive duty training, if such veteran's
death results from service-connected disability incurred during such
period and if such veteran was not thereafter discharged or released
under conditions other than dishonorable from active duty.
(c) The pay grade of any veteran described in section 106(b) of this
title shall be that to which such veteran would have been assigned upon
final acceptance or entry upon active duty.
(d) If a veteran has satisfactorily served on active duty for a
period of six months or more in a pay grade higher than that specified
in subsection (a) or (b) and any subsequent discharge or release from
active duty was under conditions other than dishonorable, the higher pay
grade shall be used if it will result in greater monthly payments to
such veteran's surviving spouse under this chapter. The determination
as to whether an individual has served satisfactorily for the required
period in a higher pay grade shall be made by the Secretary of the
department in which such higher pay grade was held.
(e) The pay grade of any person not otherwise described in this
section, but who had a compensable status on the date of such person's
death under laws administered by the Secretary, shall be determined by
the head of the department under which such person performed the
services by which such person obtained such status (taking into
consideration such person's duties and responsibilities) and certified
to the Secretary. For the purposes of this chapter, such person shall
be deemed to have been on active duty while performing such services.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1126, 402; Pub. L.
86-492, June 8, 1960, 74 Stat. 161; Pub. L. 89-622, 1, Oct. 4, 1966,
80 Stat. 873; Pub. L. 91-96, 1, Oct. 27, 1969, 83 Stat. 144; Pub. L.
92-169, 2, Nov. 24, 1971, 85 Stat. 489; Pub. L. 94-433, title IV,
405(1)-(3), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 102-54, 14(b)(2),
June 13, 1991, 105 Stat. 283; renumbered 1302 and amended Pub. L.
102-83, 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.
403-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 402 of this title
as this section.
Subsec. (d). Pub. L. 102-54 substituted ''department'' for
''Department''.
Subsec. (e). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' before period at end of first
sentence.
Pub. L. 102-83, 4(a)(1), substituted ''administered by the
Secretary'' for ''administered by the Veterans' Administration''.
1976 -- Subsec. (a). Pub. L. 94-433, 405(1), substituted ''such
veteran's'' for ''his'' in two places.
Subsec. (b). Pub. L. 94-433, 405(1), substituted ''such veteran's''
for ''his'' in introductory clause and items (1) and (2) and ''such
veteran'' for ''he'' in item (2).
Subsec. (c). Pub. L. 94-433, 405(2), substituted ''such veteran''
for ''he''.
Subsec. (d). Pub. L. 94-433, 405(2), substituted ''such veteran's
surviving spouse'' for ''his widow''.
Subsec. (e). Pub. L. 94-433, 405(3), substituted ''such person's''
for ''his'' in two places and ''such person'' for ''he''.
1971 -- Subsec. (a). Pub. L. 92-169 provided, with regard to
determination of veteran's pay grade at date of his death, that in the
case of a promotion after death while the veteran is in a missing
status, the pay grade determination date is the date of such promotion.
1969 -- Pub. L. 91-96 substituted ''Determination of pay grade'' for
''Computation of basic pay'' in section catchline.
Subsec. (a). Pub. L. 91-96 substituted provisions determining the pay
grade of a veteran who died in the active service for provisions
determining the basic pay of a veteran who died in the active service as
that prescribed on Jan. 1, 1957, or on the date of his death (whichever
is the later date) for a member of a uniformed service on active duty of
the same rank and years of service.
Subsec. (b). Pub. L. 91-96 substituted provisions determining the pay
grade of a veteran who did not die in the active service for provisions
determining the basic pay of a veteran who did not die in the active
service as that prescribed on Jan. 1, 1957, or on the date of his death
(whichever is the later date) for a member of a uniformed service on
active duty of the same rank and years of service.
Subsec. (c). Pub. L. 91-96 redesignated former subsec. (c)(1) as (c)
and substituted ''pay grade'' for ''basic pay'' and ''assigned'' for
''entitled''. Former subsec. (c)(2) redesignated (e).
Subsec. (d). Pub. L. 91-96 substituted provisions determining the
applicability of a higher pay grade of a veteran who had served six
months or more in a pay grade higher than that specified in subsec. (a)
or (b) for provisions determining the basic pay of a veteran who had
served six months or more in a rank higher than that specified in the
former provisions of subsec. (a) or (b).
Subsec. (e). Pub. L. 91-96 redesignated former subsec. (c)(2) as
(e), substituted ''pay grade'' for ''basic pay'', and struck out ''and
years of service'' after ''responsibilities''.
1966 -- Subsec. (d). Pub. L. 89-622 substituted ''any subsequent
discharge or release from active duty was under conditions other than
dishonorable'' for ''was so serving in such rank within one hundred and
twenty days before death in the active military, naval, or air service
or before last discharge or release from active duty under conditions
other than dishonorable''.
1960 -- Subsec. (d). Pub. L. 86-492 added subsec. (d).
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Section 3 of Pub. L. 92-169 provided that: ''For the purposes of
chapter 13 of title 38, United States Code, this Act (amending this
section and section 552 of Title 37, Pay and Allowances of the Uniformed
Services) becomes effective upon the date of enactment (Nov. 24, 1971).
For all other purposes this Act becomes effective as of February 28,
1961.''
Section 8 of Pub. L. 91-96 provided that: ''This Act (amending this
section and sections 322 (now 1122), 401 (now 1301), 403, 411 (now
1311), and 421 (now 1321) of this title) shall take effect on the first
day of the second calendar month which begins after the date of
enactment (Oct. 27, 1969).''
Section 2 of Pub. L. 89-622 provided that: ''The amendment made by
this Act (amending this section) shall take effect on the first day of
the second calendar month after the date of enactment of this Act (Oct.
4, 1966).''
38 USC ( 1303. Vacant)
TITLE 38 -- VETERANS' BENEFITS
Prior to renumbering of sections 401 to 423 of this chapter as
sections 1301 to 1323 by Pub. L. 102-83, 5(a), Aug. 6, 1991, 105
Stat. 406, section 403 of this chapter, Pub. L. 85-857, Sept. 2,
1958, 72 Stat. 1127; Pub. L. 91-96, 2, Oct. 27, 1969, 83 Stat. 144,
which defined Reserve Officer Training Corps annual training duty and
authorized travel to and from such duty as active military service for
the purposes of this chapter and former section 722 of this title, was
repealed by Pub. L. 97-306, title I, 113(b)(1), (d), Oct. 14, 1982,
96 Stat. 1432, 1433, effective Oct. 1, 1982, with respect to deaths
and disabilities resulting from diseases or injuries incurred or
aggravated after Sept. 30, 1982, and Oct. 1, 1983, with respect to
deaths and disabilities incurred or aggravated before Oct. 1, 1982.
38 USC 1304. Special provisions relating to surviving spouses
TITLE 38 -- VETERANS' BENEFITS
No dependency and indemnity compensation shall be paid to the
surviving spouse of a veteran dying after December 31, 1956, unless such
surviving spouse was married to such veteran --
(1) before the expiration of fifteen years after the termination of
the period of service in which the injury or disease causing the death
of the veteran was incurred or aggravated; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or
was born to them before the marriage.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127, 404; Pub. L. 90-77,
title I, 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-433, title
IV, 405(4), (5), Sept. 30, 1976, 90 Stat. 1379; renumbered 1304, Pub.
L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 404 of this title as this
section.
1976 -- Pub. L. 94-433, 405(4), (5), substituted ''surviving
spouse'', ''such surviving spouse'', and ''such veteran'' for ''widow'',
''she'', and ''him'', respectively, in introductory clause and
''surviving spouses'' for ''widows'' in section catchline.
1967 -- Pub. L. 90-77 qualified widow of a veteran for receipt of
compensation by reducing in par. (2) the requisite marriage period from
five years to one year and by making her eligible for benefits in par.
(3) in event of antenuptial birth.
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
38 USC SUBCHAPTER II -- DEPENDENCY AND INDEMNITY COMPENSATION
TITLE 38 -- VETERANS' BENEFITS
38 USC 1310. Deaths entitling survivors to dependency and indemnity
compensation
TITLE 38 -- VETERANS' BENEFITS
(a) When any veteran dies after December 31, 1956, from a
service-connected or compensable disability, the Secretary shall pay
dependency and indemnity compensation to such veteran's surviving
spouse, children, and parents. The standards and criteria for
determining whether or not a disability is service-connected shall be
those applicable under chapter 11 of this title.
(b) Dependency and indemnity compensation shall not be paid to the
surviving spouse, children, or parents of any veteran dying after
December 31, 1956, unless such veteran (1) was discharged or released
under conditions other than dishonorable from the period of active
military, naval, or air service in which the disability causing such
veteran's death was incurred or aggravated, or (2) died while in the
active military, naval, or air service.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127, 410; Pub. L.
94-433, title IV, 405(7), Sept. 30, 1976, 90 Stat. 1379; Pub. L.
95-479, title II, 204, Oct. 18, 1978, 92 Stat. 1564; Pub. L. 97-306,
title I, 112(a), Oct. 14, 1982, 96 Stat. 1432; Pub. L. 100-687, div.
B, title XIV, 1403(b), Nov. 18, 1988, 102 Stat. 4131; renumbered 1310
and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105
Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 410 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1988 -- Subsecs. (b), (c). Pub. L. 100-687 redesignated subsec.
(c) as (b) and struck out former subsec. (b) which read as follows:
''(1) Notwithstanding the provisions of subsection (a) of this
section, when any veteran dies, not as the result of the veteran's own
willful misconduct, if the veteran was in receipt of or entitled to
receive (or but for the receipt of retired or retirement pay was
entitled to receive) compensation at the time of death for a
service-connected disability that either (A) was continuously rated
totally disabling for a period of ten or more years immediately
preceding death, or (B) if so rated for a lesser period, was so rated
continuously for a period of not less than five years from the date of
such veteran's discharge or other release from active duty, the
Administrator shall pay benefits under this chapter to the veteran's
surviving spouse, if such surviving spouse was married to such veteran
for not less than two years immediately preceding such veteran's death,
and to such veteran's children, in the same manner as if the veteran's
death were service connected.
''(2) If a surviving spouse or a child receives any money or property
of value pursuant to an award in a judicial proceeding based upon, or a
settlement or compromise of, any cause of action for damages for the
death of a veteran described in paragraph (1) of this subsection,
benefits under this chapter payable to such surviving spouse or child by
virtue of this subsection shall not be paid for any month following a
month in which any such money or property is received until such time as
the total amount of such benefits that would otherwise have been payable
equals the total of the amount of the money received and the fair market
value of the property received.
''(3) For purposes of sections 1448(d) and 1450(c) of title 10,
eligibility for benefits under this chapter by virtue of this subsection
shall be deemed eligibility for dependency and indemnity compensation
under section 411(a) of this title.''
1982 -- Subsec. (b)(1). Pub. L. 97-306 inserted ''or entitled to
receive'' after ''was in receipt of''.
1978 -- Subsecs. (b), (c). Pub. L. 95-479 added subsec. (b) and
redesignated former subsec. (b) as (c).
1976 -- Subsec. (a). Pub. L. 94-433 substituted ''such veteran's
surviving spouse'' for ''his widow''.
Subsec. (b). Pub. L. 94-433 substituted ''surviving spouse'', ''such
veteran'', and ''such veteran's'' for ''widow'', ''he'', and ''his'',
respectively.
Section 112(b) of Pub. L. 97-306 provided that:
''(1) The amendment made by subsection (a) (amending this section)
shall take effect on October 1, 1982.
''(2)(A) As soon as practicable after September 30, 1982, the
Administrator of Veterans' Affairs shall pay an amount determined under
subparagraph (B) to each person who would have been entitled to a
payment under chapter 13 of title 38, United States Code, for any part
of the period beginning on October 1, 1978, and ending on September 30,
1982, if the amendment made by subsection (a) (amending this section)
had taken effect on October 1, 1978.
''(B) The amount of any payment to a person under subparagraph (A) is
the amount equal to the total of all payments under chapter 13 of title
38, United States Code, that would have been made to that person for the
period described in such subparagraph if the amendment made by
subsection (a) (amending this section) had taken effect on October 1,
1978.''
Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section
401(a) of Pub. L. 95-479, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Pub. L. 102-568, title I, 104, Oct. 29, 1992, 106 Stat. 4322,
provided that:
''(a) In General. -- The Comptroller General of the United States
shall submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report with respect to the most appropriate
combination of financial, health-care, educational, and other survivor
benefits to meet the needs of survivors of veterans.
''(b) Contents of Report. -- The report shall include the following:
''(1) A review and compilation of data on current and proposed
survivor benefits programs that will permit an assessment of the
adequacy of such benefits programs, including information on --
''(A) in the case of each current and proposed alternative survivor
benefits program --
''(i) each benefit provided;
''(ii) the survivors entitled to the benefit;
''(iii) the extent to which survivors are entitled to similar
benefits under the program; and
''(iv) the costs of providing such benefits under the program;
''(B) the extent to which current and anticipated benefits under
current survivor benefits programs meet the current and anticipated
financial, health-care, educational, and other needs of survivors; and
''(C) the differences, if any, in the survivor benefits provided
under current and proposed survivor benefits programs to survivors of
various categories of veterans and members of the Armed Forces
(including survivors of veterans having service-connected disabilities,
veterans without such disabilities, members of the Armed Forces who die
during service in the Armed Forces, members of the Armed Forces retired
under any provision of law other than chapter 61 of title 10, United
States Code, and members of the Armed Forces retired under chapter 61 of
title 10, United States Code (relating to retirement or separation for
physical disability)).
''(2) A review and compilation of existing studies on the adequacy of
survivor benefits provided under current and proposed survivor benefits
programs to meet the financial, health-care, educational, and other
needs of survivors.
''(3) A comprehensive assessment and evaluation of the adequacy of
current and proposed survivor benefits programs, including data and
methods for an assessment and evaluation of --
''(A) the feasibility and desirability of limiting the period of
entitlement of survivors to survivor benefits;
''(B) the feasibility and desirability of modifying the provision of
monetary benefits to survivors by --
''(i) revising the term of payment of any such benefits;
''(ii) replacing the periodic payment of such benefits with a lump
sum payment;
''(iii) providing such benefits through insurance or other
premium-based payment mechanisms; or
''(iv) carrying out any other revision or modification proposed
before the date of the enactment of this Act (Oct. 29, 1992) by the
Secretary of Veterans Affairs, the Secretary of Defense, the Secretary
of Health and Human Services, or organizations recognized by the
Secretary of Veterans Affairs under section 5902(a)(1) of title 38,
United States Code;
''(C) the feasibility and desirability of modifying the provision of
health-care benefits to survivors;
''(D) the feasibility and desirability of modifying the provision of
benefits to children survivors; and
''(E) the feasibility and desirability of consolidating, expanding,
or otherwise modifying any program relating to the provision of survivor
benefits.
''(4) The recommendations of the Comptroller General (including a
proposal for legislation) on the most appropriate combination of
survivor benefits to meet the current and anticipated financial,
health-care, educational, and other needs of survivors.
''(c) Submission of Report. -- The Comptroller General shall submit
the report not later than April 1, 1994.
''(d) Definitions. -- In this section:
''(1) The term 'survivor', in the case of a veteran or member of the
Armed Forces who dies, means the surviving spouse or surviving dependent
child of the veteran or member.
''(2) The term 'survivor benefit' means any monetary, health-care,
educational, or other benefit paid, payable, or otherwise provided to
survivors of veterans and survivors of members of the Armed Forces under
the following:
''(A) Laws administered by the Secretary of Veterans Affairs.
''(B) Laws administered by the Secretary of Defense.
''(C) The Social Security Act (42 U.S.C. 301 et seq.).
''(3) The term 'veteran' has the meaning given such term in section
101(2) of title 38, United States Code.''
Section 204 of Pub. L. 94-433 directed Administrator of Veterans'
Affairs to study dependency and indemnity compensation program
authorized by this chapter in order to evaluate benefits provided by
program and to determine whether, or to what extent, benefits should be
based on military pay grade of person upon whose death entitlement is
predicated, and directed Administrator to submit to Congress and
President not later than Oct. 1, 1977, a report containing results of
study together with Administrator's recommendations for improvement of
program.
Pub. L. 94-71, 204, Aug. 5, 1975, 89 Stat. 397, directed
Administrator of Veterans' Affairs to make a study of claims for
dependency and indemnity compensation relating to veterans who at time
of death during period Sept. 1, 1975 to Mar. 1, 1976, were receiving
disability compensation based upon a total and permanent disability and
required report to be submitted to Speaker of House and President of
Senate no later than Oct. 1, 1976.
Pub. L. 93-295, title II, 207, May 31, 1974, 88 Stat. 183, directed
Administrator to make a study of claims for dependency and indemnity
compensation relating to veterans who, at time of death within six
months of May 31, 1974, were receiving disability compensation, and to
report to Speaker of House and President of Senate no more than 30 days
after beginning of 94th Congress.
38 USC 1311. Dependency and indemnity compensation to a surviving
spouse
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Dependency and indemnity compensation shall be paid to a
surviving spouse at the monthly rate of $750.
(2) The rate under paragraph (1) shall be increased by $165 in the
case of the death of a veteran who at the time of death was in receipt
of or was entitled to receive (or but for the receipt of retired pay or
retirement pay was entitled to receive) compensation for a
service-connected disability that was rated totally disabling for a
continuous period of at least eight years immediately preceding death.
In determining the period of a veteran's disability for purposes of the
preceding sentence, only periods in which the veteran was married to the
surviving spouse shall be considered.
(3) In the case of dependency and indemnity compensation paid to a
surviving spouse that is predicated on the death of a veteran before
January 1, 1993, the monthly rate of such compensation shall be the
amount based on the pay grade of such veteran, as set forth in the
following table, if the amount is greater than the total amount
determined with respect to that veteran under paragraphs (1) and (2):
Pay grade Monthly rate
E-1 $616
E-2 635
E-3 652
E-4 693
E-5 711
E-6 727
E-7 762
E-8 805
E-9 /1/ 841
W-1 780
W-2 811
W-3 835
W-4 884
O-1 780
O-2 805
O-3 862
O-4 912
O-5 1,005
O-6 1,134
O-7 1,225
O-8 1,343
O-9 1,440
O-10 /2/ 1,580
/1/ If the veteran served as sergeant major of the Army,
senior enlisted advisor of the Navy, chief master sergeant of the Air
Force, sergeant major of the Marine Corps, or master chief petty officer
of the Coast Guard, at the applicable time designated by section 1302 of
this title, the surviving spouse's rate shall be $907.
/2/ If the veteran served as Chairman or Vice-Chairman of the
Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant of the Marine
Corps, or Commandant of the Coast Guard, at the applicable time
designated by section 1302 of this title, the surviving spouse's rate
shall be $1,693.
(b) If there is a surviving spouse with one or more children below
the age of eighteen of a deceased veteran, the dependency and indemnity
compensation paid monthly to the surviving spouse shall be increased by
$100 for each such child during fiscal year 1993, $150 for each such
child during fiscal year 1994, and $200 for each such child thereafter.
(c) The monthly rate of dependency and indemnity compensation payable
to a surviving spouse shall be increased by $185 if the spouse is (1) a
patient in a nursing home or (2) helpless or blind, or so nearly
helpless or blind as to need or require the regular aid and attendance
of another person.
(d) The monthly rate of dependency and indemnity compensation payable
to a surviving spouse shall be increased by $90 if the surviving spouse
is, by reason of disability, permanently housebound but does not qualify
for the aid and attendance allowance under subsection (c) of this
section. For the purposes of this subsection, the requirement of
''permanently housebound'' will be considered to have been met when the
surviving spouse is substantially confined to such surviving spouse's
home (ward or clinical areas, if institutionalized) or immediate
premises by reason of a disability or disabilities which it is
reasonably certain will remain throughout such surviving spouse's
lifetime.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127, 411; Pub. L.
87-268, 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 88-21, 1, May 15,
1963, 77 Stat. 17; Pub. L. 88-134, 1, Oct. 5, 1963, 77 Stat. 223;
Pub. L. 91-24, 4(b), June 11, 1969, 83 Stat. 33; Pub. L. 91-96, 3,
Oct. 27, 1969, 83 Stat. 144; Pub. L. 91-588, 3(a), Dec. 24, 1970, 84
Stat. 1583; Pub. L. 92-197, 1, Dec. 15, 1971, 85 Stat. 660; Pub. L.
92-455, 4, Oct. 2, 1972, 86 Stat. 761; Pub. L. 93-295, title II, 201,
May 31, 1974, 88 Stat. 182; Pub. L. 94-71, title II, 201, Aug. 5,
1975, 89 Stat. 396; Pub. L. 94-433, title II, 201, Sept. 30, 1976, 90
Stat. 1375; Pub. L. 95-117, title II, 201, Oct. 3, 1977, 91 Stat.
1064; Pub. L. 95-479, title II, 201, Oct. 18, 1978, 92 Stat. 1562;
Pub. L. 96-128, title II, 201, Nov. 28, 1979, 93 Stat. 984; Pub. L.
96-385, title II, 201, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 97-66,
title II, 201, Oct. 17, 1981, 95 Stat. 1028; Pub. L. 97-253, title IV,
405(e), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97-306, title I, 104,
107, Oct. 14, 1982, 96 Stat. 1430, 1431; Pub. L. 98-223, title I, 104,
Mar. 2, 1984, 98 Stat. 38; Pub. L. 98-543, title I, 104, Oct. 24,
1984, 98 Stat. 2736; Pub. L. 99-238, title I, 104, Jan. 13, 1986, 99
Stat. 1766; Pub. L. 99-576, title I, 104, Oct. 28, 1986, 100 Stat.
3251; Pub. L. 100-180, div. A, title XIII, 1314(d)((1)), Dec. 4, 1987,
101 Stat. 1176; Pub. L. 100-227, title I, 104, Dec. 31, 1987, 101
Stat. 1554; Pub. L. 100-687, div. B, title XI, 1104, Nov. 18, 1988,
102 Stat. 4124; Pub. L. 101-237, title I, 104, Dec. 18, 1989, 103
Stat. 2063; Pub. L. 102-3, 5, Feb. 6, 1991, 105 Stat. 9; renumbered
1311 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
406; Pub. L. 102-152, 5, Nov. 12, 1991, 105 Stat. 986; Pub. L.
102-568, title I, 102(a), (b), Oct. 29, 1992, 106 Stat. 4321, 4322.)
1992 -- Subsec. (a). Pub. L. 102-568, 102(a), added pars. (1) to
(3) before table and struck out former provision before table which read
as follows: ''Dependency and indemnity compensation shall be paid to a
surviving spouse, based on the pay grade of the person upon whose death
entitlement is predicated, at monthly rates set forth in the following
table:''.
Subsec. (b). Pub. L. 102-568, 102(b), substituted ''$100 for each
such child during fiscal year 1993, $150 for each such child during
fiscal year 1994, and $200 for each such child thereafter'' for ''$71
for each such child''.
1991 -- Pub. L. 102-83, 5(a), renumbered section 411 of this title
as this section.
Subsec. (a). Pub. L. 102-152, 5(1), generally upgraded monthly rates
for all pay grades.
Pub. L. 102-83, 5(c)(1), substituted ''1302'' for ''402'' in
footnotes 1 and 2.
Pub. L. 102-3, 5(1), generally upgraded monthly rates for all pay
grades.
Subsec. (b). Pub. L. 102-152, 5(2), substituted ''$71'' for ''$68''.
Pub. L. 102-3, 5(2), substituted ''$68'' for ''$65''.
Subsec. (c). Pub. L. 102-152, 5(3), substituted ''$185'' for
''$178''.
Pub. L. 102-3, 5(3), substituted ''$178'' for ''$169''.
Subsec. (d). Pub. L. 102-152, 5(4), substituted ''$90'' for ''$87''.
Pub. L. 102-3, 5(4), substituted ''$87'' for ''$83''.
1989 -- Subsec. (a). Pub. L. 101-237, 104(1), generally upgraded
monthly rates for all pay grades.
Subsec. (b). Pub. L. 101-237, 104(2), substituted ''$65'' for
''$62''.
Subsec. (c). Pub. L. 101-237, 104(3), substituted ''$169'' for
''$161''.
Subsec. (d). Pub. L. 101-237, 104(4), substituted ''$83'' for
''$79''.
1988 -- Subsec. (a). Pub. L. 100-687, 1104(1), generally upgraded
monthly rates for all pay grades.
Subsec. (b). Pub. L. 100-687, 1104(2), substituted ''$62'' for
''$60''.
Subsec. (c). Pub. L. 100-687, 1104(3), substituted ''$161'' for
''$155''.
Subsec. (d). Pub. L. 100-687, 1104(4), substituted ''$79'' for
''$76''.
1987 -- Subsec. (a). Pub. L. 100-227, 104(1), generally upgraded
monthly rates for all pay grades.
Pub. L. 100-180 inserted ''or Vice Chairman'' in footnote 2 after
table.
Subsec. (b). Pub. L. 100-227, 104(2), substituted ''$60'' for
''$58''.
Subsec. (c). Pub. L. 100-227, 104(3), substituted ''$155'' for
''$149''.
Subsec. (d). Pub. L. 100-227, 104(4), substituted ''$76'' for
''$73''.
1986 -- Subsec. (a). Pub. L. 99-576, 104(1), generally upgraded
monthly rates for all pay grades.
Pub. L. 99-238, 104(1), generally upgraded monthly rates for all pay
grades.
Subsec. (b). Pub. L. 99-576, 104(2), substituted ''$58'' for
''$57''.
Pub. L. 99-238, 104(2), substituted ''$57'' for ''$55''.
Subsec. (c). Pub. L. 99-576, 104(3), substituted ''$149'' for
''$147''.
Pub. L. 99-238, 104(3), substituted ''$147'' for ''$143''.
Subsec. (d). Pub. L. 99-576, 104(4), substituted ''$73'' for
''$72''.
Pub. L. 99-238, 104(4), substituted ''$72'' for ''$70''.
1984 -- Subsec. (a). Pub. L. 98-543, 104(a), generally upgraded
monthly rates for all pay grades.
Pub. L. 98-223, 104(a), generally upgraded monthly rates for all pay
grades.
Subsec. (b). Pub. L. 98-543, 104(b), substituted ''$55'' for
''$53''.
Pub. L. 98-223, 104(b), substituted ''$53'' for ''$51''.
Subsec. (c). Pub. L. 98-543, 104(c), substituted ''$143'' for
''$139''.
Pub. L. 98-223, 104(c), substituted ''$139'' for ''$134''.
Subsec. (d). Pub. L. 98-543, 104(d), substituted ''$70'' for
''$68''.
Pub. L. 98-223, 104(d), substituted ''$68'' for ''$66''.
1982 -- Subsec. (a). Pub. L. 97-306, 104(a), 107, 108, generally
upgraded monthly rates for all pay grades, and repealed amendments made
by Pub. L. 97-253, 405(e)(1), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(e)(1), (h), eff. Jan. 1, 1983, lowered monthly
rates for all grades and for positions mentioned in footnotes by $1,
except for grades E-3 through E-7.
Subsec. (b). Pub. L. 97-306, 104(b), 107, 108, substituted ''$51''
for ''$48'', and repealed amendment made by Pub. L. 97-253, 405(e)(2),
eff. Oct. 1, 1982.
Pub. L. 97-253, 405(e)(2), (h), eff. Jan. 1, 1983, substituted
''$47'' for ''$48'' after ''shall be increased by''.
Subsec. (c). Pub. L. 97-306, 104(c), 107, 108, substituted ''$134''
for ''$125'', and repealed amendment made by Pub. L. 97-253,
405(e)(3), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(e)(3), (h), eff. Jan. 1, 1983, substituted
''$124'' for ''$125''.
Subsec. (d). Pub. L. 97-306, 104(d), 107, 108, substituted ''$66''
for ''$62'', and repealed amendment made by Pub. L. 97-253, 405(e)(4),
eff. Oct. 1, 1982.
Pub. L. 97-253, 405(e)(4), (h), eff. Jan. 1, 1983, substituted
''$61'' for ''$62'' after ''shall be increased by''.
1981 -- Subsec. (a). Pub. L. 97-66, 201(a), generally upgraded
monthly rates for all pay grades.
Subsec. (b). Pub. L. 97-66, 201(b), increased from $43 to $48
monthly dependency and indemnity compensation rate for each child.
Subsec. (c). Pub. L. 97-66, 201(c), increased monthly rate of
compensation from $112 to $125.
Subsec. (d). Pub. L. 97-66, 201(d), increased monthly rate of
compensation from $56 to $62.
1980 -- Subsec. (a). Pub. L. 96-385, 201(a), generally upgraded
monthly rates for all pay grades.
Subsec. (b). Pub. L. 96-385, 201(b), increased from $38 to $43
monthly dependency and indemnity compensation rate for each child.
Subsec. (c). Pub. L. 96-385, 201(c), increased monthly rate of
compensation from $98 to $112.
Subsec. (d). Pub. L. 96-385, 201(d), increased monthly rate of
compensation from $49 to $56.
1979 -- Subsec. (a). Pub. L. 96-128, 201(a), generally upgraded
monthly rates for all pay grades.
Subsec. (b). Pub. L. 96-128, 201(b), increased from $35 to $38
monthly dependency and indemnity compensation rate for each child.
Subsec. (c). Pub. L. 96-128, 201(c), increased monthly rate of
compensation from $89 to $98.
Subsec. (d). Pub. L. 96-128, 201(d), increased monthly rate from $45
to $49.
1978 -- Subsec. (a). Pub. L. 95-479, 201(a), generally upgraded
monthly rates for all pay grades.
Subsec. (b). Pub. L. 95-479, 201(b), increased from $33 to $35
monthly dependency and indemnity compensation rate for each child.
Subsec. (c). Pub. L. 95-479, 201(c), increased monthly rate of
compensation from $83 to $89.
Subsec. (d). Pub. L. 95-479, 201(d), added subsec. (d).
1977 -- Subsec. (a). Pub. L. 95-117 generally upgraded monthly rates
for all pay grades.
Subsec. (b). Pub. L. 95-117 increased from $31 to $33 monthly
dependency and indemnity compensation rate for each child.
Subsec. (c). Pub. L. 95-117 increased monthly rate of compensation
payable to a surviving spouse from $78 to $83.
1976 -- Pub. L. 94-433 substituted ''surviving spouse'' for
''widow'' in section catchline.
Subsec. (a). Pub. L. 94-433 substituted ''surviving spouse'' for
''widow'' and ''pay grade of the person upon whose death entitlement is
predicated'' for ''pay grade of her deceased husband'' in text and
''surviving spouse's rate'' for ''widow's rate'' in footnotes 1 and 2
and generally upgraded monthly rates for all pay grades.
Subsec. (b). Pub. L. 94-433 substituted ''surviving spouse'' for
''widow'' in two places and increased from $29 to $31 monthly dependency
and indemnity compensation rate for each child.
Subsec. (c). Pub. L. 94-433 substituted ''surviving spouse'' and
''spouse'' for ''widow'' and ''she'' and increased monthly rate of
compensation payable from $72 to $78.
1975 -- Subsec. (a). Pub. L. 94-71 generally upgraded monthly rates
for all pay grades.
Subsec. (b). Pub. L. 94-71 increased from $26 to $29 monthly
dependency and indemnity compensation rate for each child.
Subsec. (c). Pub. L. 94-71 increased monthly rate of compensation
payable to a widow from $64 to $72.
1974 -- Subsec. (a). Pub. L. 93-295 generally upgraded monthly rates
for all pay grades.
Subsec. (b). Pub. L. 93-295 increased from $22 to $26 monthly
dependency and indemnity compensation rate for each child.
Subsec. (c). Pub. L. 93-295 increased monthly rate of compensation
payable to the widow from $55 to $64.
1972 -- Subsec. (a). Pub. L. 92-455 substituted in footnote 1 of
table ''chief master sergeant of the Air Force, sergeant major of the
Marine Corps, or master chief petty officer of the Coast Guard,'' for
''chief master sergeant of the Air Force, or sergeant major of the
Marine Corps,''.
1971 -- Subsec. (a). Pub. L. 92-197 generally upgraded monthly rate
for all pay grades.
Subsec. (b). Pub. L. 92-197 increased dependency and indemnity
compensation rate by $22 per month for each child from $20.
Subsec. (c). Pub. L. 92-197 reenacted subsec. (c) without change.
1970 -- Subsec. (c). Pub. L. 91-588 substituted ''$55'' for ''$50''.
1969 -- Subsec. (a). Pub. L. 91-96 substituted provisions setting
forth dependency and indemnity compensation table based on the pay grade
of the deceased husband for provisions that dependency and indemnity
compensation was to be paid at a monthly rate equal to $120 plus 12 per
centum of basic pay of the deceased husband.
Subsec. (b). Pub. L. 91-96 substituted provisions which increased
dependency and indemnity compensation rate by $20 per month for each
child below the age of eighteen of a deceased veteran for provisions
which increased dependency and indemnity compensation rate by $28 per
month for each child of a deceased veteran in excess of one where there
was a widow and two or more children below the age of eighteen and the
total of monthly benefits they were receiving was less than a determined
amount.
Subsec. (c). Pub. L. 91-96 substituted provisions increasing
dependency and indemnity compensation rate by $50 per month for widows
that are patients in nursing homes, or are helpless or blind for
provisions authorizing Administrator to increase to next highest dollar
any fraction of a dollar payable under former subsecs. (a) and (b).
Subsecs. (d) to (f). Pub. L. 91-96 struck out subsecs. (d) to (f)
which provided for determination of amount of additional compensation
payable to a widow under former provisions of subsec. (b).
Subsec. (d)(3). Pub. L. 91-24 substituted ''section 228c-1(h)'' for
''section 228c-1(i)''.
1963 -- Subsec. (a). Pub. L. 88-134 increased from $112 to $120 the
monthly rate of widow's dependency and indemnity compensation.
Subsec. (b). Pub. L. 88-21 substituted ''$28'' for ''$25''.
1961 -- Subsec. (d)(1). Pub. L. 87-268 substituted ''section
412(a)'' for ''section 412''.
Section 102(c) of Pub. L. 102-568 provided that: ''The amendments
made by this section (amending this section) shall take effect on
January 1, 1993.''
Amendment by Pub. L. 102-152 effective Dec. 1, 1991, see section 7
of Pub. L. 102-152, set out as a note under section 1114 of this title.
Amendment by Pub. L. 102-3 effective Jan. 1, 1991, see section 7 of
Pub. L. 102-3, set out as a note under section 1114 of this title.
Amendment by Pub. L. 101-237 effective Dec. 1, 1989, see section
106 of Pub. L. 101-237, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section
1106 of Pub. L. 100-687, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section
107 of Pub. L. 100-227, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not
effective unless benefit amounts payable under section 401 et seq. of
Title 42, The Public Health and Welfare, are increased effective Dec.
1, 1986, as a result of a determination under section 415(i) of Title
42, see section 107 of Pub. L. 99-576, set out as a note under section
1114 of this title.
Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section 107
of Pub. L. 99-238, set out as a note under section 1114 of this title.
Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section 107
of Pub. L. 98-543, set out as a note under section 1114 of this title.
Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107
of Pub. L. 98-223, set out as a note under section 1114 of this title.
Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section 108
of Pub. L. 97-306, set out as a note under section 1114 of this title.
Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section
701(a) of Pub. L. 97-66, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 96-385 applicable only to payments for months
beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96-385,
set out as a note under section 1114 of this title.
Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section
601(a)(1) of Pub. L. 96-128, set out as a note under section 1114 of
this title.
Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section
401(a) of Pub. L. 95-479, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501
of Pub. L. 95-117, set out as a note under section 1114 of this title.
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section 1101
of Pub. L. 94-71, set out as a note under section 1114 of this title.
Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401
of Pub. L. 93-295, set out as a note under section 1114 of this title.
Section 10 of Pub. L. 92-197 provided that: ''This Act (amending
this section and sections 321, 322, 341, 413 to 415, 417 and 724 (now
1121, 1122, 1141, 1313 to 1315, 1317, and 1924) of this title and
enacting provisions set out as note under section 1317 of this title)
shall take effect on January 1, 1972.''
Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section
10(a) of Pub. L. 91-588, set out as a note under section 1521 of this
title.
Amendment by Pub. L. 91-96 effective first day of second calendar
month which begins after Oct. 27, 1969, see section 8 of Pub. L.
91-96, set out as a note under section 1302 of this title.
Section 2 of Pub. L. 88-134 provided that: ''The amendment made by
this Act (amending this section) shall take effect on the effective date
of the Uniformed Services Pay Act of 1963 (effective Oct. 1, 1963; see
Short Title note set out under section 201 of Title 37, Pay and
Allowances of the Uniformed Services) or on January 1, 1964, whichever
first occurs.''
Section 5 of Pub. L. 88-21 provided that: ''The amendments made by
this Act (amending this section and sections 413 to 415 (now 1313 to
1315) of this title) shall take effect on the first day of the second
calendar month which begins after the date of enactment of this Act (May
15, 1963).''
Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3
of Pub. L. 87-268, set out as a note under section 1312 of this title.
Section 405(e) of Pub. L. 97-253, cited as a credit to this section,
was repealed by Pub. L. 97-306, 107, 108, Oct. 14, 1982, 96 Stat.
1431, 1432, eff. Oct. 1, 1982.
Section 13(a) of Pub. L. 88-132, Oct. 2, 1963, 77 Stat. 218,
provided that: ''The enactment of this Act (see Short Title note under
section 201 of Title 37, Pay and Allowances of the Uniformed Services)
does not reduce the rate of dependency and indemnity compensation under
section 411 (now 1311) of title 38, United States Code, that any person
was receiving on the day before the effective date of this Act (Oct. 1,
1963) or which thereafter becomes payable for that day by reason of a
subsequent determination.''
For increases in rates and limitations on Department of Veterans
Affairs disability compensation and dependency and indemnity
compensation, see section 2(a) of Pub. L. 102-510, set out as a note
under section 1114 of this title.
Section 102(d) of Pub. L. 102-568 provided that: ''The costs of
implementing, during fiscal years 1993 and 1994, any revisions in the
payment of dependency and indemnity compensation to surviving spouses
under section 1311 of title 38, United States Code, that result from the
amendments made by subsections (a) and (b) (amending this section) shall
be paid from amounts available to the Department of Veterans Affairs for
the payment of compensation and pension.''
38 USC 1312. Benefits in certain cases of in-service or
service-connected deaths
TITLE 38 -- VETERANS' BENEFITS
(a) In the case of any veteran --
(1) who dies after December 31, 1956, and is not a fully and
currently insured individual (as defined in section 214 of the Social
Security Act (42 U.S.C. 414)) at the time of such veteran's death; and
(2) whose death occurs --
(A) while on active duty, active duty for training, or inactive duty
training; or
(B) as the result of a service-connected disability incurred after
September 15, 1940; and
(3) who leaves one or more survivors who are not entitled for any
month to monthly benefits under section 202 of the Social Security Act
(42 U.S.C. 402) on the basis of such veteran's wages and self-employment
income but who would, upon application therefor, be entitled to such
benefits if such veteran had been fully and currently insured at the
time of such veteran's death;
the Secretary shall pay for such month benefits under this section to
each such survivor in an amount equal to the amount of the benefits
which would have been paid for such month to such survivor under title
II of the Social Security Act (42 U.S.C. 401 et seq.), if such veteran
had been both fully and currently insured at the time of such veteran's
death and if such survivor had filed application therefor on the same
date on which application for benefits under this section is filed with
the Secretary.
(b) In any case where the amount of dependency and indemnity
compensation payable under this chapter to a surviving spouse who has
children is less than the amount of pension which would be payable to
(1) such surviving spouse, or (2) such children if the surviving spouse
were not entitled, under chapter 15 of this title had the death occurred
under circumstances authorizing payment of death pension, the Secretary
shall pay dependency and indemnity compensation to such surviving spouse
in an amount equal to such amount of pension.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128, 412; Pub. L.
87-268, 1(a), Sept. 21, 1961, 75 Stat. 566; Pub. L. 89-466, June 22,
1966, 80 Stat. 217; Pub. L. 94-433, title IV, 405(9), Sept. 30, 1976,
90 Stat. 1379; Pub. L. 98-223, title II, 213(2), Mar. 2, 1984, 98
Stat. 46; Pub. L. 102-54, 14(b)(3), June 13, 1991, 105 Stat. 283;
renumbered 1312 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a),
Aug. 6, 1991, 105 Stat. 404-406.)
The Social Security Act, referred to in subsec. (a), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social
Security Act is classified generally to subchapter II ( 401 et seq.) of
chapter 7 of Title 42, The Public Health and Welfare. Sections 214 and
202 of the Social Security Act are classified to sections 414 and 402 of
Title 42, respectively. For complete classification of this Act to the
Code, see section 1305 of Title 42 and Tables.
1991 -- Pub. L. 102-83, 5(a), renumbered section 412 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places in concluding
provisions.
Pub. L. 102-54 substituted ''401'' for ''201'' in concluding
provisions.
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1984 -- Subsec. (a). Pub. L. 98-223, 213(2), substituted ''section
214 of the Social Security Act (42 U.S.C. 414)'' for ''section 414 of
title 42'' in par. (1), ''section 202 of the Social Security Act (42
U.S.C. 402)'' for ''section 402 of title 42'' in par. (3), and ''title
II of the Social Security Act (42 U.S.C. 201 et seq.)'' for ''subchapter
II of chapter 7 of title 42'' in provision following par. (3).
1976 -- Subsec. (a). Pub. L. 94-433 substituted ''such veteran's''
for ''his'' in cls. (1) and (3) and in text following cl. (3) and
''such veteran'' for ''he'' in cl. (3).
Subsec. (b). Pub. L. 94-433 substituted ''surviving spouse'' for
''widow'' wherever appearing.
1966 -- Pub. L. 89-466 inserted ''to a widow who has children'',
''to (1) such widow, or (2) such children if the widow were not
entitled'', and ''such widow''.
1961 -- Pub. L. 87-268 designated existing provisions as subsec.
(a) and added subsec. (b).
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Section 3 of Pub. L. 87-268 provided that: ''The amendments made by
this Act (amending this section and sections 107, 411 (now 1311), 415
(now 1315), 422 (now 1322), and 503 (now 1503) of this title and
enacting provisions set out as notes under this section) shall take
effect as of the first day of the first calendar month which begins
after the date of its enactment (Sept. 21, 1961).''
Section 2 of Pub. L. 87-268 provided that the increased pension
benefits authorized by Pub. L. 87-268 were to be payable from the
effective date of Pub. L. 87-268 to anyone receiving dependency and
indemnity compensation on such date only if the application for such
increased benefits were filed with the Veterans' Administration within
one year from such date and evidence of entitlement were of record or
received within one year from the date of request therefor.
38 USC 1313. Dependency and indemnity compensation to children
TITLE 38 -- VETERANS' BENEFITS
(a) Whenever there is no surviving spouse of a deceased veteran
entitled to dependency and indemnity compensation, dependency and
indemnity compensation shall be paid in equal shares to the children of
the deceased veteran at the following monthly rates:
(1) one child, $310;
(2) two children, $447;
(3) three children, $578; and
(4) more than three children, $578, plus $114 for each child in
excess of three.
(b) If dependency and indemnity compensation has been awarded under
this section to a veteran's child or children and the entitlement to
dependency and indemnity compensation under this section of an
additional child of that veteran who is over the age of eighteen years
and who had previously been entitled to dependency and indemnity
compensation under this section before becoming eighteen years of age is
later reestablished effective retroactively upon determination that such
child is pursuing a course of instruction at an approved educational
institution, the amount payable retroactively to the additional child is
the amount equal to the difference between the total of the increased
award payable under this section to the children of the deceased veteran
for the retroactive period and the prior total award for such purpose
for that period.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128, 413; Pub. L. 88-21,
2, May 15, 1963, 77 Stat. 17; Pub. L. 89-730, 4, Nov. 2, 1966, 80
Stat. 1159; Pub. L. 91-262, 2, May 21, 1970, 84 Stat. 256; Pub. L.
92-197, 2, Dec. 15, 1971, 85 Stat. 660; Pub. L. 93-295, title II,
202, May 31, 1974, 88 Stat. 182; Pub. L. 94-71, title II, 202, Aug. 5,
1975, 89 Stat. 397; Pub. L. 94-433, title II, 202, Sept. 30, 1976, 90
Stat. 1376; Pub. L. 95-117, title II, 202, Oct. 3, 1977, 91 Stat.
1065; Pub. L. 95-479, title II, 202, Oct. 18, 1978, 92 Stat. 1563;
Pub. L. 96-128, title II, 202, Nov. 28, 1979, 93 Stat. 985; Pub. L.
96-385, title II, 202, Oct. 7, 1980, 94 Stat. 1530; Pub. L. 97-66,
title II, 202, 204(a), Oct. 17, 1981, 95 Stat. 1029; Pub. L. 97-253,
title IV, 405(f), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97-306, title
I, 105, 107, Oct. 14, 1982, 96 Stat. 1431; Pub. L. 98-223, title I,
105, Mar. 2, 1984, 98 Stat. 39; Pub. L. 98-543, title I, 105, Oct.
24, 1984, 98 Stat. 2737; Pub. L. 99-238, title I, 105, Jan. 13, 1986,
99 Stat. 1767; Pub. L. 99-576, title I, 105, title VII, 703(a)(1),
Oct. 28, 1986, 100 Stat. 3252, 3302; Pub. L. 100-227, title I, 105,
Dec. 31, 1987, 101 Stat. 1554; Pub. L. 100-687, div. B, title XI,
1105(a), Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101-237, title I,
105(a), Dec. 18, 1989, 103 Stat. 2064; Pub. L. 102-3, 6(a), Feb. 6,
1991, 105 Stat. 9; renumbered 1313, Pub. L. 102-83, 5(a), Aug. 6,
1991, 105 Stat. 406; Pub. L. 102-152, 6(a), Nov. 12, 1991, 105 Stat.
987.)
Amendments by section 105 of Pub. L. 99-576, section 105 of Pub. L.
99-238, and section 105 of Pub. L. 98-223, which directed that cls.
(1) to (4) of this section be amended, were executed by amending subsec.
(a) of this section, as the probable intent of Congress, in view of
subsec. (a) containing cls. (1) to (4).
1991 -- Pub. L. 102-83 renumbered section 413 of this title as this
section.
Subsec. (a)(1). Pub. L. 102-152, 6(a)(1), substituted ''$310'' for
''$299''.
Pub. L. 102-3, 6(a)(1), substituted ''$299'' for ''$284''.
Subsec. (a)(2). Pub. L. 102-152, 6(a)(2), substituted ''$447'' for
''$431''.
Pub. L. 102-3, 6(a)(2), substituted ''$431'' for ''$409''.
Subsec. (a)(3). Pub. L. 102-152, 6(a)(3), substituted ''$578'' for
''$557''.
Pub. L. 102-3, 6(a)(3), substituted ''$557'' for ''$529''.
Subsec. (a)(4). Pub. L. 102-152, 6(a)(4), substituted ''$578'' for
''$557'' and ''$114'' for ''$110''.
Pub. L. 102-3, 6(a)(4), substituted ''$557'' for ''$529'' and
''$110'' for ''$105''.
1989 -- Subsec. (a)(1). Pub. L. 101-237, 105(a)(1), substituted
''$284'' for ''$271''.
Subsec. (a)(2). Pub. L. 101-237, 105(a)(2), substituted ''$409'' for
''$391''.
Subsec. (a)(3). Pub. L. 101-237, 105(a)(3), substituted ''$529'' for
''$505''.
Subsec. (a)(4). Pub. L. 101-237, 105(a)(4), substituted ''$529'' and
''$105'' for ''$505'' and ''$100'', respectively.
1988 -- Subsec. (a)(1). Pub. L. 100-687, 1105(a)(1), substituted
''$271'' for ''$261''.
Subsec. (a)(2). Pub. L. 100-687, 1105(a)(2), substituted ''$391''
for ''$376''.
Subsec. (a)(3). Pub. L. 100-687, 1105(a)(3), substituted ''$505''
for ''$486''.
Subsec. (a)(4). Pub. L. 100-687, 1105(a)(4), substituted ''$505''
and ''$100'' for ''$486'' and ''$97'', respectively.
1987 -- Subsec. (a)(1). Pub. L. 100-227, 105(1), substituted
''$261'' for ''$251''.
Subsec. (a)(2). Pub. L. 100-227, 105(2), substituted ''$376'' for
''$361''.
Subsec. (a)(3). Pub. L. 100-227, 105(3), substituted ''$486'' for
''$467''.
Subsec. (a)(4). Pub. L. 100-227, 105(4), substituted ''$486'' and
''$97'' for ''$467'' and ''$94'', respectively.
1986 -- Subsec. (a). Pub. L. 99-576, 703(a)(1), amended directory
language of Pub. L. 98-543, 105. See 1984 Amendment notes below.
Subsec. (a)(1). Pub. L. 99-576, 105(1), substituted ''$251'' for
''$247''.
Pub. L. 99-238, 105(1), substituted ''$247'' for ''$240''.
Subsec. (a)(2). Pub. L. 99-576, 105(2), substituted ''$361'' for
''$356''.
Pub. L. 99-238, 105(2), substituted ''$356'' for ''$345''.
Subsec. (a)(3). Pub. L. 99-576, 105(3), substituted ''$467'' for
''$460''.
Pub. L. 99-238, 105(3), substituted ''$460'' for ''$446''.
Subsec. (a)(4). Pub. L. 99-576, 105(4), substituted ''$467'' and
''$94'' for ''$460'' and ''$93'', respectively.
Pub. L. 99-238, 105(4), substituted ''$460'' and ''$93'' for
''$446'' and ''$90'', respectively.
1984 -- Subsec. (a)(1). Pub. L. 98-543, 105(1), as amended by Pub.
L. 99-576, 703(a), substituted ''$240'' for ''$233''.
Pub. L. 98-223, 105(1), substituted ''$233'' for ''$225''.
Subsec. (a)(2). Pub. L. 98-543, 105(2), as amended by Pub. L.
99-576, 703(a), substituted ''$345'' for ''$334''.
Pub. L. 98-223, 105(2), substituted ''$334'' for ''$323''.
Subsec. (a)(3). Pub. L. 98-543, 105(3), as amended by Pub. L.
99-576, 703(a), substituted ''$446'' for ''$432''.
Pub. L. 98-223, 105(3), substituted ''$432'' for ''$417''.
Subsec. (a)(4). Pub. L. 98-543, 105(4), as amended by Pub. L.
99-576, 703(a), substituted ''$446'' and ''$90'' for ''$432'' and
''$87'', respectively.
Pub. L. 98-223, 105(4), substituted ''$432'' and ''$87'' for
''$417'' and ''$84'', respectively.
1982 -- Subsec. (a)(1). Pub. L. 97-306, 105(1), 107, 108,
substituted ''$225'' for ''$210'', and repealed amendment made by Pub.
L. 97-253, 405(f)(1), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(f)(1), (h), eff. Jan. 1, 1983, substituted
''$209'' for ''$210''.
Subsec. (a)(2). Pub. L. 97-306, 105(2), 107, 108, substituted
''$323'' for ''$301'', and repealed amendment made by Pub. L. 97-253,
405(f)(2), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(f)(2), (h), eff. Jan. 1, 1983, substituted
''$300'' for ''$301''.
Subsec. (a)(3). Pub. L. 97-306, 105(3), 107, 108, substituted
''$417'' for ''$389'', and repealed amendment made by Pub. L. 97-253,
405(f)(3), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(f)(3), (h), eff. Jan. 1, 1983, substituted
''$388'' for ''$389''.
Subsec. (a)(4). Pub. L. 97-306, 105(4), 107, 108, substituted
''$417, plus $84'' for ''$389, plus $79'', and repealed amendments made
by Pub. L. 97-253, 405(f)(4), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(f)(4), (h), eff. Jan. 1, 1983, substituted
''$388, plus $78'' for ''$389, plus $79''.
1981 -- Pub. L. 97-66, 202, 204(a), designated existing provisions
as subsec. (a) and, in subsec. (a) as so designated, substituted
''$210'', ''$301'', ''$389'', and ''$79'' for ''$189'', ''$271'',
''$350'', and ''$71'', respectively, in pars. (1), (2), (3), and (4).
Subsec. (b). Pub. L. 97-66, 204(a), added subsec. (b).
1980 -- Pub. L. 96-385 substituted ''$189'', ''$271'', ''$350'',
''$350'' and ''$71'' for ''$165'', ''$237'', ''$306'', ''$306'' and
''$62'', respectively, in pars. (1), (2), (3), and (4).
1979 -- Pub. L. 96-128 substituted ''$165'', ''$237'', ''$306'',
''$306'' and ''$62'' for ''$150'', ''$216'', ''$278'', ''278'' and
''$56'', in pars. (1), (2), (3), and (4), respectively.
1978 -- Pub. L. 95-479 substituted ''$150'', ''$216'', ''$278'',
''$278'' and ''$56'' for ''$140'', ''$201'', ''$259'', ''$259'' and
''$52'', in pars. (1), (2), (3), and (4), respectively.
1977 -- Pub. L. 95-117 substituted ''$140'', ''$201'', ''$259'',
''$259'', and ''$52'' for ''$131'', ''$189'', ''$243'', ''$243'', and
''$49'', in pars. (1), (2), (3), and (4), respectively.
1976 -- Pub. L. 94-433 substituted ''surviving spouse'' for
''widow'' in introductory text and $131, $189, $243, $243, and $49 for
$121, $175, $225, $225, and $45 in pars. (1), (2), (3), and (4),
respectively.
1975 -- Pub. L. 94-71 substituted $121, $175, $225, $225 and $45 for
$108, $156, $201, $201 and $40 in pars. (1), (2), (3) and (4),
respectively.
1974 -- Pub. L. 93-295 substituted ''$108'', ''$156'', ''$201'',
''$201'', and ''$40'' for ''$92'', ''$133'', ''$172'', ''$172'', and
''$34'', in pars. (1), (2), (3), and (4), respectively.
1971 -- Pub. L. 92-197 substituted ''$92'', ''$133'', ''$172'', and
''$172'' and ''$34'' for ''$88'', ''$127'', ''$164'' and ''164'' and
''$32'', in pars. (1), (2), (3), and (4). respectively.
1970 -- Pub. L. 91-262 substituted ''$88'', ''$127'', ''$164'', and
''$164'' and ''$32'', for ''$80'', ''$115'', ''$149'', and ''$149'' and
''$29'', in pars. (1), (2), (3), and (4), respectively.
1966 -- Pub. L. 89-730 substituted ''$80'', ''$115'', ''$149'', and
''$29'', for ''$77'', ''$110'', ''$143'', and ''$143'' and ''$28'', in
pars. (1), (2), (3), and (4), respectively.
1963 -- Pub. L. 88-21 substituted ''$77'', ''$110'', ''$143'' and
''28'' for ''$70'', ''$100'', ''$130'' and ''$25'', in pars. (1), (2),
(3), and (4), respectively.
Amendment by Pub. L. 102-152 effective Dec. 1, 1991, see section 7
of Pub. L. 102-152, set out as a note under section 1114 of this title.
Amendment by Pub. L. 102-3 effective Jan. 1, 1991, see section 7 of
Pub. L. 102-3, set out as a note under section 1114 of this title.
Amendment by Pub. L. 101-237 effective Dec. 1, 1989, see section
106 of Pub. L. 101-237, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section
1106 of Pub. L. 100-687, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section
107 of Pub. L. 100-227, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not
effective unless benefit amounts payable under section 401 et seq. of
Title 42, The Public Health and Welfare, are increased effective Dec.
1, 1986, as a result of a determination under section 415(i) of Title
42, see section 107 of Pub. L. 99-576, set out as a note under section
1114 of this title.
Section 703(c) of Pub. L. 99-576 provided that: ''The amendments
made by this section (amending this section and sections 524 and 525
(now 1524 and 1525) of this title and amending provisions set out as a
note under section 1163 of this title) shall take effect as if included
in the Veterans' Benefits Improvement Act of 1984 (Public Law 98-543).''
Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section 107
of Pub. L. 99-238, set out as a note under section 1114 of this title.
Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section 107
of Pub. L. 98-543, set out as a note under section 1114 of this title.
Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107
of Pub. L. 98-223, set out as a note under section 1114 of this title.
Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section 108
of Pub. L. 97-306, set out as a note under section 1114 of this title.
Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section
701(a) of Pub. L. 97-66, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 96-385 applicable only to payments for months
beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96-385,
set out as a note under section 1114 of this title.
Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section
601(a)(1) of Pub. L. 96-128, set out as a note under section 1114 of
this title.
Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section
401(a) of Pub. L. 95-479, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501
of Pub. L. 95-117, set out as a note under section 1114 of this title.
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section 301
of Pub. L. 94-71, set out as a note under section 1114 of this title.
Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401
of Pub. L. 93-295, set out as a note under section 1114 of this title.
Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10
of Pub. L. 92-197, set out as a note under section 1311 of this title.
Section 4 of Pub. L. 91-262 provided that: ''The amendments made by
sections 2 and 3 of this Act (amending this section and section 414 (now
1314) of this title) shall become effective on the first day of the
second calendar month following the month in which this Act is enacted
(May 1970).''
Amendment by Pub. L. 89-730 effective first day of second calendar
month following Nov. 2, 1966, see section 7(a) of Pub. L. 89-730, set
out as a note under section 1315 of this title.
Amendment by Pub. L. 88-21 effective first day of second calendar
month beginning after May 15, 1963, see section 5 of Pub. L. 88-21, set
out as a note under section 1311 of this title.
Section 405(f) of Pub. L. 97-253, cited as a credit to this section,
was repealed by Pub. L. 97-306, 107, 108, Oct. 14, 1982, 96 Stat.
1431, 1432, eff. Oct. 1, 1982.
For increases in rates and limitations on Department of Veterans
Affairs disability compensation and dependency and indemnity
compensation, see section 2(a) of Pub. L. 102-510, set out as a note
under section 1114 of this title.
38 USC 1314. Supplemental dependency and indemnity compensation to
children
TITLE 38 -- VETERANS' BENEFITS
(a) In the case of a child entitled to dependency and indemnity
compensation who has attained the age of eighteen and who, while under
such age, became permanently incapable of self-support, the dependency
and indemnity compensation paid monthly to such child shall be increased
by $185.
(b) If dependency and indemnity compensation is payable monthly to a
person as a surviving spouse and there is a child (of such person's
deceased spouse) who has attained the age of eighteen and who, while
under such age, became permanently incapable of self-support, dependency
and indemnity compensation shall be paid monthly to each such child,
concurrently with the payment of dependency and indemnity compensation
to the surviving spouse, in the amount of $310.
(c) If dependency and indemnity compensation is payable monthly to a
person as a surviving spouse and there is a child (of such person's
deceased spouse), who has attained the age of eighteen and who, while
under the age of twenty-three, is pursuing a course of instruction at an
educational institution approved under section 104 of this title,
dependency and indemnity compensation shall be paid monthly to each such
child, concurrently with the payment of dependency and indemnity
compensation to the surviving spouse, in the amount of $157.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128, 414; Pub. L. 88-21,
3, May 15, 1963, 77 Stat. 17; Pub. L. 89-311, 2(c)(2), Oct. 31,
1965, 79 Stat. 1155; Pub. L. 89-730, 5, Nov. 2, 1966, 80 Stat. 1159;
Pub. L. 91-262, 3, May 21, 1970, 84 Stat. 256; Pub. L. 92-197, 3,
Dec. 15, 1971, 85 Stat. 661; Pub. L. 93-295, title II, 203, May 31,
1974, 88 Stat. 183; Pub. L. 94-71, title II, 203, Aug. 5, 1975, 89
Stat. 397; Pub. L. 94-433, title II, 203, title IV, 405(10), Sept.
30, 1976, 90 Stat. 1376, 1380; Pub. L. 95-117, title II, 203, Oct. 3,
1977, 91 Stat. 1065; Pub. L. 95-479, title II, 203, Oct. 18, 1978, 92
Stat. 1563; Pub. L. 96-128, title II, 203, Nov. 28, 1979, 93 Stat.
985; Pub. L. 96-385, title II, 203, Oct. 7, 1980, 94 Stat. 1530; Pub.
L. 97-66, title II, 203, Oct. 17, 1981, 95 Stat. 1029; Pub. L. 97-253,
title IV, 405(g), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97-306, title
I, 106, 107, Oct. 14, 1982, 96 Stat. 1431; Pub. L. 98-223, title I,
106, Mar. 2, 1984, 98 Stat. 39; Pub. L. 98-543, title I, 106, Oct. 24,
1984, 98 Stat. 2737; Pub. L. 99-238, title I, 106, Jan. 13, 1986, 99
Stat. 1767; Pub. L. 99-576, title I, 106, Oct. 28, 1986, 100 Stat.
3252; Pub. L. 100-227, title I, 106, Dec. 31, 1987, 101 Stat. 1555;
Pub. L. 100-687, div. B, title XI, 1105(b), Nov. 18, 1988, 102 Stat.
4124; Pub. L. 101-237, title I, 105(b), Dec. 18, 1989, 103 Stat. 2064;
Pub. L. 102-3, 6(b), Feb. 6, 1991, 105 Stat. 9; renumbered 1314,
Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-152,
6(b), Nov. 12, 1991, 105 Stat. 987.)
1991 -- Pub. L. 102-83 renumbered section 414 of this title as this
section.
Subsec. (a). Pub. L. 102-152, 6(b)(1), substituted ''$185'' for
''$178''.
Pub. L. 102-3, 6(b)(1), substituted ''$178'' for ''$169''.
Subsec. (b). Pub. L. 102-152, 6(b)(2), substituted ''$310'' for
''$299''.
Pub. L. 102-3, 6(b)(2), substituted ''$299'' for ''$284''.
Subsec. (c). Pub. L. 102-152, 6(b)(3), substituted ''$157'' for
''$151''.
Pub. L. 102-3, 6(b)(3), substituted ''$151'' for ''$144''.
1989 -- Subsec. (a). Pub. L. 101-237, 105(b)(1), substituted
''$169'' for ''$161''.
Subsec. (b). Pub. L. 101-237, 105(b)(2), substituted ''$284'' for
''$271''.
Subsec. (c). Pub. L. 101-237, 105(b)(3), substituted ''$144'' for
''$138''.
1988 -- Subsec. (a). Pub. L. 100-687, 1105(b)(1), substituted
''$161'' for ''$155''.
Subsec. (b). Pub. L. 100-687, 1105(b)(2), substituted ''$271'' for
''$261''.
Subsec. (c). Pub. L. 100-687, 1105(b)(3), substituted ''$138'' for
''$133''.
1987 -- Subsec. (a). Pub. L. 100-227, 106(1), substituted ''$155''
for ''$149''.
Subsec. (b). Pub. L. 100-227, 106(2), substituted ''$261'' for
''$251''.
Subsec. (c). Pub. L. 100-227, 106(3), substituted ''$133'' for
''$128''.
1986 -- Subsec. (a). Pub. L. 99-576, 106(1), substituted ''$149''
for ''$147''.
Pub. L. 99-238, 106(1), substituted ''$147'' for ''$143''.
Subsec. (b). Pub. L. 99-576, 106(2), substituted ''$251'' for
''$247''.
Pub. L. 99-238, 106(2), substituted ''$247'' for ''$240''.
Subsec. (c). Pub. L. 99-576, 106(3), substituted ''$128'' for
''$126''.
Pub. L. 99-238, 106(3), substituted ''$126'' for ''$122''.
1984 -- Subsec. (a). Pub. L. 98-543, 106(1), substituted ''$143''
for ''$139''.
Pub. L. 98-223, 106(1), substituted ''$139'' for ''$134''.
Subsec. (b). Pub. L. 98-543, 106(2), substituted ''$240'' for
''$233''.
Pub. L. 98-223, 106(2), substituted ''$233'' for ''$225''.
Subsec. (c). Pub. L. 98-543, 106(3), substituted ''$122'' for
''$118''.
Pub. L. 98-223, 106(3), substituted ''$118'' for ''$114''.
1982 -- Subsec. (a). Pub. L. 97-306, 106(1), 107, 108, substituted
''$134'' for ''$125'', and repealed amendment made by Pub. L. 97-253,
405(g)(1), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(g)(1), (h), eff. Jan. 1, 1983, substituted
''$124'' for ''$125''.
Subsec. (b). Pub. L. 97-306, 106(2), 107, 108, substituted ''$225''
for ''$210'', and repealed amendment made by Pub. L. 97-253,
405(g)(2), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(g)(2), (h), eff. Jan. 1, 1983, substituted
''$209'' for ''$210''.
Subsec. (c). Pub. L. 97-306, 106(3), 107, 108, substituted ''$114''
for ''$107'', and repealed amendment made by Pub. L. 97-253,
405(g)(3), eff. Oct. 1, 1982.
Pub. L. 97-253, 405(g)(3), (h), eff. Jan. 1, 1983, substituted
''$106'' for ''$107''.
1981 -- Subsec. (a). Pub. L. 97-66, 203(1), substituted ''$125''
for ''$112''.
Subsec. (b). Pub. L. 97-66, 203(2), substituted ''$210'' for
''$189''.
Subsec. (c). Pub. L. 97-66, 203(3), substituted ''$107'' for
''$96''.
1980 -- Subsec. (a). Pub. L. 96-385, 203(1), substituted ''$112''
for ''$98''.
Subsec. (b). Pub. L. 96-385, 203(2), substituted ''$189'' for
''$165''.
Subsec. (c). Pub. L. 96-385, 203(3), substituted ''$96'' for
''$84''.
1979 -- Subsec. (a). Pub. L. 96-128, 203(1), substituted ''$98''
for ''$89''.
Subsec. (b). Pub. L. 96-128, 203(2), substituted ''$165'' for
''$150''.
Subsec. (c). Pub. L. 96-128, 203(3), substituted ''$84'' for
''$76''.
1978 -- Subsec. (a). Pub. L. 95-479, 203(1), substituted ''$89''
for ''$83''.
Subsec. (b). Pub. L. 95-479, 203(2), substituted ''$150'' for
''$140''.
Subsec. (c). Pub. L. 95-479, 203(3), substituted ''$76'' for
''$71''.
1977 -- Subsec. (a). Pub. L. 95-117, 203(1), substituted ''$83''
for ''$78''.
Subsec. (b). Pub. L. 95-117, 203(2) substituted ''$140'' for
''$131''.
Subsec. (c). Pub. L. 95-117, 203(3), substituted ''$71'' for
''$67''.
1976 -- Subsec. (a). Pub. L. 94-433, 203(1), 405(10), substituted
''$78'' for ''$72'' and ''such child'' for ''him''.
Subsec. (b). Pub. L. 94-433, 203(2), 405(10), substituted ''$131''
for ''$121'' and ''person'' for ''woman'', ''surviving spouse'' for
''widow'' and ''such person's deceased spouse'' for ''her deceased
husband'' wherever appearing.
Subsec. (c). Pub. L. 94-433, 203(3), 405(10), substituted ''$67''
for ''$62'' and ''person'' for ''woman'', ''surviving spouse'' for
''widow'' and ''such person's deceased spouse'' for ''her deceased
husband'' wherever appearing.
1975 -- Subsec. (a). Pub. L. 94-71, 203(a), substituted ''$72'' for
''$64''.
Subsec. (b). Pub. L. 94-71, 203(b), substituted ''$121'' for
''$108''.
Subsec. (c). Pub. L. 94-71, 203(c), substituted ''$62'' for ''$55''.
1974 -- Subsec. (a). Pub. L. 93-295, 203(a), substituted ''$64''
for ''55''.
Subsec. (b). Pub. L. 93-295, 203(b), substituted ''$108'' for
''$92''.
Subsec. (c). Pub. L. 93-295, 203(c), substituted ''$55'' for ''$47''.
1971 -- Subsec. (a). Pub. L. 92-197, 3(a), substituted ''$55'' for
''$32''.
Subsec. (b). Pub. L. 92-197, 3(b), substituted ''$92'' for ''$88''.
Subsec. (c). Pub. L. 92-197, 3(c), substituted ''$47'' for ''$45''.
1970 -- Subsec. (a). Pub. L. 91-262, 3(a), substituted ''$32'' for
''$29''.
Subsec. (b). Pub. L. 91-262, 3(b), substituted ''$88'' for ''$80''.
Subsec. (c). Pub. L. 91-262, 3(c), substituted ''$45'' for ''$41''.
1966 -- Subsec. (a). Pub. L. 89-730, 5(1), substituted ''$29'' for
''$28''.
Subsec. (b). Pub. L. 89-730, 5(2), substituted ''$80'' for ''$77''.
Subsec. (c). Pub. L. 89-730, 5(3), substituted ''41'' for ''39''.
1965 -- Subsec. (c). Pub. L. 89-311 substituted ''twenty-three'' for
''twenty-one''.
1963 -- Subsec. (a). Pub. L. 88-21, 3(1), substituted ''$28'' for
''$25''.
Subsec. (b). Pub. L. 88-21, 3(2), substituted ''$77'' for ''$70''.
Subsec. (c). Pub. L. 88-21, 3(3), substituted ''$39'' for ''$35''.
Amendment by Pub. L. 102-152 effective Dec. 1, 1991, see section 7
of Pub. L. 102-152, set out as a note under section 1114 of this title.
Amendment by Pub. L. 102-3 effective Jan. 1, 1991, see section 7 of
Pub. L. 102-3, set out as a note under section 1114 of this title.
Amendment by Pub. L. 101-237 effective Dec. 1, 1989, see section
106 of Pub. L. 101-237, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section
1106 of Pub. L. 100-687, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section
107 of Pub. L. 100-227, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not
effective unless benefit amounts payable under section 401 et seq. of
Title 42, The Public Health and Welfare, are increased effective Dec.
1, 1986, as a result of a determination under section 415(i) of Title
42, see section 107 of Pub. L. 99-576, set out as a note under section
1114 of this title.
Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section 107
of Pub. L. 99-238, set out as a note under section 1114 of this title.
Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section 107
of Pub. L. 98-543, set out as a note under section 1114 of this title.
Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107
of Pub. L. 98-223, set out as a note under section 1114 of this title.
Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section 108
of Pub. L. 97-306, set out as a note under section 1114 of this title.
Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section
701(a) of Pub. L. 97-66, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 96-385 applicable only to payments for months
beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96-385,
set out as a note under section 1114 of this title.
Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section
601(a)(1) of Pub. L. 96-128, set out as a note under section 1114 of
this title.
Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section
401(a) of Pub. L. 95-479, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501
of Pub. L. 95-117, set out as a note under section 1114 of this title.
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section 301
of Pub. L. 94-71, set out as a note under section 1114 of this title.
Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401
of Pub. L. 93-295, set out as a note under section 1114 of this title.
Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10
of Pub. L. 92-197, set out as a note under section 1311 of this title.
Amendment by Pub. L. 91-262 effective first day of second calendar
month following May 1970, see section 4 of Pub. L. 91-262, set out as a
note under section 1313 of this title.
Amendment by Pub. L. 89-730 effective first day of second calendar
month following Nov. 2, 1966, see section 7(a) of Pub. L. 89-730, set
out as a note under section 1315 of this title.
Amendment by Pub. L. 89-311 effective first day of second calendar
month following Oct. 31, 1965, see section 9 of Pub. L. 89-311, set
out as a note under section 1114 of this title.
Amendment by Pub. L. 88-21 effective first day of second calendar
month beginning after May 15, 1963, see section 5 of Pub. L. 88-21, set
out as a note under section 1311 of this title.
Section 405(g) of Pub. L. 97-253, cited as a credit to this section,
was repealed by Pub. L. 97-306, 107, 108, Oct. 14, 1982, 96 Stat.
1431, 1432, eff. Oct. 1, 1982.
For increases in rates and limitations on Department of Veterans
Affairs disability compensation and dependency and indemnity
compensation, see section 2(a) of Pub. L. 102-510, set out as a note
under section 1114 of this title.
38 USC 1315. Dependency and indemnity compensation to parents
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Except as provided in paragraph (2), dependency and indemnity
compensation shall be paid monthly to parents of a deceased veteran in
the amounts prescribed by this section.
(2) Under regulations prescribed by the Secretary, benefits under
this section may be paid less frequently than monthly if the amount of
the annual benefit is less than 4 percent of the maximum annual rate
payable under this section.
(b)(1) Except as provided in paragraph (4) of this subsection, if
there is only one parent, the monthly rate of dependency and indemnity
compensation paid to such parent shall be $163, as increased from time
to time under section 5312(b)(1) of this title and reduced by an amount,
based upon the amount of such parent's annual income, determined in
accordance with regulations which the Secretary shall prescribe under
section 5312(b)(2) of this title.
(2) In no case may the amount of dependency and indemnity
compensation payable to any parent under this subsection be less than $5
monthly.
(3) In no case may dependency and indemnity compensation be paid
under paragraph (1) of this subsection to any parent if the annual
income of such parent exceeds $4,038, as increased from time to time
under section 5312 of this title.
(4) If there is only one parent and such parent has remarried and is
living with such parent's spouse, dependency and indemnity compensation
shall be paid to such parent under either paragraph (1) of this
subsection or under subsection (d) of this section, whichever will
result in the greater amount of such compensation being paid to such
parent. In such a case of remarriage the total combined annual income
of the parent and such parent's spouse shall be counted in determining
the monthly rate of dependency and indemnity compensation under the
appropriate formula.
(c)(1) Except as provided in subsection (d) of this section, if there
are two parents, but they are not living together, the monthly rate of
dependency and indemnity compensation paid to each such parent shall be
$115, as increased from time to time under section 5312(b)(1) of this
title and reduced by an amount, based upon the amount of such parent's
annual income, determined in accordance with regulations which the
Secretary shall prescribe under section 5312(b)(2) of this title.
(2) In no case may the amount of dependency and indemnity
compensation payable to any parent under this subsection be less than $5
monthly.
(3) In no case may dependency and indemnity compensation be paid
under paragraph (1) of this subsection to any parent if the annual
income of such parent exceeds $4,038, as increased from time to time
under section 5312 of this title.
(d)(1) If there are two parents who are living together, or if a
parent has remarried and is living with such parent's spouse, the
monthly rate of dependency and indemnity compensation paid to such
parent shall be $109, as increased from time to time under section
5312(b)(1) of this title and reduced by an amount, based upon the amount
of the combined annual income of the parents or the parent and the
parent's spouse, determined in accordance with regulations which the
Secretary shall prescribe under section 5312(b)(2) of this title.
(2) In no case may the amount of dependency and indemnity
compensation payable to any parent under this subsection be less than $5
monthly.
(3) In no case may dependency and indemnity compensation be paid
under this subsection to a parent if the total combined annual income of
the parent and such parent's spouse exceeds $5,430, as increased from
time to time under section 5312 of this title.
(e) The Secretary shall require as a condition of granting or
continuing dependency and indemnity compensation to a parent that such
parent, other than one who has attained seventy-two years of age and has
been paid dependency and indemnity compensation during two consecutive
calendar years, file each year with the Secretary (on the form
prescribed by the Secretary) a report showing the total income which
such parent expects to receive in that year and the total income which
such parent received in the preceding year. The parent or parents shall
file with the Secretary a revised report whenever there is a material
change in the estimated annual income.
(f)(1) In determining income under this section, all payments of any
kind or from any source shall be included, except --
(A) payments of the six-months' death gratuity;
(B) donations from public or private relief or welfare organizations;
(C) payments under this chapter (except section 1312(a)) and chapters
11 and 15 of this title and under the first sentence of section 9(b) of
the Veterans' Pension Act of 1959;
(D) lump-sum death payments under title II of the Social Security Act
(42 U.S.C. 401 et seq.);
(E) payments of bonus or similar cash gratuity by any State based
upon service in the Armed Forces;
(F) payments under policies of servicemen's group life insurance,
United States Government life insurance or national service life
insurance, and payments of servicemen's indemnity;
(G) 10 percent of the amount of payments to an individual under
public or private retirement, annuity, endowment, or similar plans or
programs;
(H) amounts equal to amounts paid by a parent of a deceased veteran
for --
(i) a deceased spouse's just debts,
(ii) the expenses of the spouse's last illness to the extent such
expenses are not reimbursed under chapter 51 of this title, and
(iii) the expenses of the spouse's burial to the extent that such
expenses are not reimbursed under chapter 23 or chapter 51 of this
title;
(I) reimbursements of any kind for any casualty loss (as defined in
regulations which the Secretary shall prescribe), but the amount
excluded under this clause may not exceed the greater of the fair market
value or the reasonable replacement value of the property involved at
the time immediately preceding the loss;
(J) amounts equal to amounts paid by a parent of a deceased veteran
for --
(i) the expenses of the veteran's last illness, and
(ii) the expenses of such veteran's burial to the extent that such
expenses are not reimbursed under chapter 23 of this title;
(K) profit realized from the disposition of real or personal property
other than in the course of a business;
(L) payments received for discharge of jury duty or obligatory civic
duties;
(M) payments of annuities elected under subchapter I of chapter 73 of
title 10.
(2) Where a fraction of a dollar is involved, annual income shall be
fixed at the next lower dollar.
(3) The Secretary may provide by regulation for the exclusion from
income under this section of amounts paid by a parent for unusual
medical expenses.
(g) The monthly rate of dependency and indemnity compensation payable
to a parent shall be increased by $85, as increased from time to time
under section 5312 of this title, if such parent is (1) a patient in a
nursing home or (2) helpless or blind, or so nearly helpless or blind as
to need or require the regular aid and attendance of another person.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1129, 415; Pub. L.
87-268, 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 88-21, 4, May 15,
1963, 77 Stat. 17; Pub. L. 89-730, 1, 2, Nov. 2, 1966, 80 Stat.
1157, 1158; Pub. L. 90-275, 2, Mar. 28, 1968, 82 Stat. 66; Pub. L.
91-588, 2, 8(a), Dec. 24, 1970, 84 Stat. 1582, 1584; Pub. L. 92-197,
4, Dec. 15, 1971, 85 Stat. 661; Pub. L. 92-425, 6(1), Sept. 21,
1972, 86 Stat. 713; Pub. L. 93-177, 4, Dec. 6, 1973, 87 Stat. 695;
Pub. L. 93-527, 7, Dec. 21, 1974, 88 Stat. 1704; Pub. L. 94-169,
title II, 201, Dec. 23, 1975, 89 Stat. 1019; Pub. L. 94-432, title
III, 301, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95-204, title II,
201, Dec. 2, 1977, 91 Stat. 1457; Pub. L. 95-588, title II, 201, Nov.
4, 1978, 92 Stat. 2505; Pub. L. 96-466, title VI, 605(c)(1), Oct. 17,
1980, 94 Stat. 2211; Pub. L. 97-295, 4(10), Oct. 12, 1982, 96 Stat.
1305; Pub. L. 100-687, div. B, title XIV, 1402(a), Nov. 18, 1988, 102
Stat. 4129; Pub. L. 102-40, title IV, 402(d)(1), May 7, 1991, 105
Stat. 239; renumbered 1315 and amended Pub. L. 102-83, 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-86,
title I, 102, Aug. 14, 1991, 105 Stat. 414.)
Section 9(b) of the Veterans' Pension Act of 1959, referred to in
subsec. (f)(1)(C), is section 9(b) of Pub. L. 86-211, Aug. 29, 1959,
73 Stat. 432, which was set out as a Savings Provisions note under
section 1521 of this title, and was repealed, effective Jan. 1, 1979,
by section 306(b)(1) of Pub. L. 95-588, which is set out as a Savings
Provisions for Persons Entitled to Pension as of December 31, 1978:
Other Provisions note under section 1521 of this title.
The Social Security Act, referred to in subsec. (f)(1)(D), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the
Social Security Act is classified generally to subchapter II ( 401 et
seq.) of chapter 7 of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see section 1305 of
Title 42 and Tables.
1991 -- Pub. L. 102-83, 5(a), renumbered section 415 of this title
as this section.
Subsec. (a). Pub. L. 102-86 amended this section as in effect before
the redesignations made by Pub. L. 102-83, 5, by amending subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows:
''Dependency and indemnity compensation shall be paid monthly to parents
of a deceased veteran in the amounts prescribed by this section.''
Subsec. (b)(1). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Pub. L. 102-40 substituted ''5312(b)(1)'' for ''3112(b)(1)'' and
''5312(b)(2)'' for ''3112(b)(2)''.
Subsec. (b)(3). Pub. L. 102-40 substituted ''5312'' for ''3112''.
Subsec. (c)(1). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Pub. L. 102-40 substituted ''5312(b)(1)'' for ''3112(b)(1)'' and
''5312(b)(2)'' for ''3112(b)(2)''.
Subsec. (c)(3). Pub. L. 102-40 substituted ''5312'' for ''3112''.
Subsec. (d)(1). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Pub. L. 102-40 substituted ''5312(b)(1)'' for ''3112(b)(1)'' and
''5312(b)(2)'' for ''3112(b)(2)''.
Subsec. (d)(3). Pub. L. 102-40 substituted ''5312'' for ''3112''.
Subsec. (e). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (f)(1)(C). Pub. L. 102-83, 5(c)(1), substituted ''1312(a)''
for ''412(a)''.
Subsec. (f)(1)(I), (3). Pub. L. 102-83, 4(b)(1), (2)(E),
substituted ''Secretary'' for ''Administrator''.
Subsec. (g). Pub. L. 102-40 substituted ''5312'' for ''3112''.
1988 -- Subsec. (f)(1)(I). Pub. L. 100-687 amended cl. (I)
generally. Prior to amendment, cl. (I) read as follows: ''proceeds of
fire insurance policies;''.
1982 -- Subsec. (f)(1)(D). Pub. L. 97-295, 4(10)(A), substituted
''title II of the Social Security Act (42 U.S.C. 401 et seq.)'' for
''subchapter II of chapter 7 of title 42''.
Subsec. (f)(1)(G). Pub. L. 97-295, 4(10)(B), substituted ''percent''
for ''per centum''.
1980 -- Subsec. (f). Pub. L. 96-466 redesignated subsec. (g) as
(f). Former subsec. (f), which directed the Administrator, upon
ascertaining that there had been overpayments to a parent under this
section, to deduct such overpayments (unless waived) from any future
payments made to such parent under this section, was struck out.
Subsecs. (g), (h). Pub. L. 96-466 redesignated subsecs. (g) and (h)
as (f) and (g), respectively.
1978 -- Subsec. (b)(1). Pub. L. 95-588, 201(a)(1), substituted a
fixed monthly amount of $163, subject to certain increases and
deductions, as parental compensation for a formula for computing the
monthly award under this subsection based upon the annual income of the
recipient.
Subsec. (b)(3). Pub. L. 95-588, 201(a)(2), substituted ''$4,038, as
increased from time to time under section 3112 of this title'' for
''$3,770''.
Subsec. (b)(4). Pub. L. 95-588, 201(a)(3), struck out references to
the award computation formula formerly contained in subsec. (b)(1) of
this section and inserted provision relating to election between
subsecs. (b)(1) and (d) of this section in order to procure the
greatest amount of compensation for the recipient.
Subsec. (c)(1). Pub. L. 95-588, 201(b)(1), substituted a fixed
amount of $115 a month as compensation under this subsection for a
computation formula based upon the annual income of the recipient.
Subsec. (c)(3). Pub. L. 95-588, 201(b)(2), substituted ''$4,038, as
increased from time to time under section 3112 of this title'' for
''$3,770''.
Subsec. (d)(1). Pub. L. 95-588, 201(c)(1), substituted a fixed
amount of $109 a month as compensation under this subsection for a
computation formula based upon combined annual income of recipients.
Subsec. (d)(3). Pub. L. 95-588, 201(c)(2), substituted ''$5,430, as
increased from time to time under section 3112 of this title'' for
''$5,070''.
Subsec. (h). Pub. L. 95-588, 201(d), substituted ''$85, as increased
from time to time under section 3112 of this title'' for ''$79''.
1977 -- Subsec. (b)(1). Pub. L. 95-204, 201(1), increased monthly
rate of compensation from $142 to $152, substituted ''.05'' for ''.04'',
''.06'' for ''.05'', ''.08'' for ''.06'', ''1,500'' for ''1,400'' in two
places, and ''3,770'' for ''1,600'', and struck out provision reducing
compensation by .08 for income more than 1,600 but not more than 3,540.
Subsec. (b)(3). Pub. L. 95-204, 201(2), substituted ''$3,770'' for
''$3,540''.
Subsec. (c)(1). Pub. L. 95-204, 201(3), increased monthly rate of
compensation from $100 to $107, substituted ''.05'' for ''.04'', ''.06''
for ''.05'', ''2,000'' for ''1,300'' in two places, and ''3,770'' for
''2,300'', and struck out provision reducing compensation by .06 for
income more than 2,300 but not more than 3,540.
Subsec. (c)(3). Pub. L. 95-204, 201(4), substituted ''$3,770'' for
''$3,540''.
Subsec. (d)(1). Pub. L. 95-204, 201(5), increased monthly rate of
compensation from $96 to $102, and substituted ''2,000'' for ''2,100''
in two places, ''2,900'' for ''3,100'' in two places, ''3,600'' for
''3,800'' in two places, and ''5,070'' for ''4,760''.
Subsec. (d)(3). Pub. L. 95-204, 201(6), substituted ''$5,070'' for
''$4,760''.
Subsec. (h). Pub. L. 95-204, 201(7), substituted ''$79'' for
''$74''.
1976 -- Subsec. (b)(1). Pub. L. 94-432, 301(1), increased monthly
rate of compensation from $133 to $142 and substituted $1,200 to $1,400
for $1,200 to $1,500, $1,400 to $1,600 for $1,500 to $1,700 and $1,600
to $3,540 for $1,700 to $3,300.
Subsec. (b)(3). Pub. L. 94-432, 301(2), substituted ''$3,540'' for
''$3,300''.
Subsec. (c)(1). Pub. L. 94-432, 301(3), increased monthly rate of
compensation from $93 to $100 and substituted $1,100 to $1,300 for
$1,100 to $1,600, $1,300 to $2,300 for $1,600 to $2,400 and $2,300 to
$3,540 for $2,400 to $3,300.
Subsec. (c)(3). Pub. L. 94-432, 301(4), substituted ''$3,540'' for
''$3,300''.
Subsec. (d)(1). Pub. L. 94-432, 301(5), increased monthly
compensation from $90 to $96 and substituted $1,000 to $2,100 for $1,000
to $2,300, $2,100 to $3,100 for $2,300 to $3,300 and $3,100 to $3,800
for $3,300 to $4,500, and inserted provision for reduction by $.05 for
each $1 of total combined annual income which is more than $3,800 but
not more than $4,760.
Subsec. (d)(3). Pub. L. 94-432, 301(6), substituted ''$4,760'' for
''$4,500''.
Subsec. (h). Pub. L. 94-432, 301(7), substituted ''$74'' for
''$69''.
1975 -- Subsec. (b)(1). Pub. L. 94-169, 201(2), increased,
effective for period beginning Jan. 1, 1976, and ending Sept. 30,
1976, monthly rate of compensation from $123 to $133, substituted $1000
to $1200 for $1000 to $1300, $1200 to $1500 for $1300 to $1600, $1500 to
$1700 for $1600 to $1800 and $1700 to $3300 for $2000 to $3000, the
minimum and maximum income ranges for which the compensation rate will
be reduced by 4, 5, 6 and 8 cents per dollar, respectively, struck out
the income range of $1800 to $2000 for which the reduction rate is 7
cents per dollar, increased from $4.00 to $5.00 the minimum payable
compensation, and increased from $3,000 to $3300 the income in excess of
which no compensation will be paid.
Subsec. (b)(2). Pub. L. 94-169, 201(1), redesignated, effective for
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, subsec.
(b)(2) as (b)(4), and in subsec. (b)(4) as so redesignated, substituted
''such parent has remarried'' for ''he has remarried'', ''with such
parent's spouse'' for ''with his spouse'', ''paid to such parent'' for
''paid to him'' and ''parent and such parent's spouse'' for ''parent and
his spouse''.
Subsec. (c). Pub. L. 94-169, 201(3), increased, effective for period
beginning Jan. 1, 1976, and ending Sept. 30, 1976, monthly rate of
compensation from $86 to $93, substituted $1100 to $1600 for $1100 to
$2100, $1600 to $2400 for $2100 to $2500 and $2400 to $3300 for $2500 to
$3000, the minimum and maximum income ranges for which the compensation
rate will be reduced 4, 5 and 6 cents, respectively, increased from
$4.00 to $5.00 the minimum payable compensation, and increased from
$3000 to $3300 the income in excess of which no compensation will be
paid.
Subsec. (d). Pub. L. 94-169, 201(3), increased, effective for period
beginning Jan. 1, 1976, and ending Sept. 30, 1976, basic rate of
monthly compensation from $83 to $90, substituted $1000 to $2300 for
$1100 to $2500, $2300 to $3300 for $2500 to $3500 and $3300 to $4500 for
$3500 to $4200 the minimum and maximum income ranges for which the
compensation rate will be reduced by 2, 3, and 4 cents, respectively,
struck out the income range of $1000 to $1100 for which the reduction
rate is 1 cent per dollar, increased from $4.00 to $5.00 the minimum
payable compensation, and increased from $4200 to $4500 the income in
excess of which no compensation will be paid.
Subsec. (e). Pub. L. 94-169, 201(4), substituted, effective for
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, ''with the
Administrator'' for ''with him'' and ''prescribed by the Administrator''
for ''prescribed by him''.
Subsec. (f). Pub. L. 94-169, 201(5), substituted, effective for
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, ''the
Administrator shall deduct'' for ''he shall deduct''.
Subsec. (g)(1)(J)(ii). Pub. L. 94-169, 201(6), substituted,
effective for period beginning Jan. 1, 1976, and ending Sept. 30,
1976, ''such veteran's'' for ''his''.
Subsec. (h). Pub. L. 94-169, 201(7), substituted, effective for
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, ''$69'' for
''$64''.
1974 -- Subsec. (b)(1). Pub. L. 93-527, 7(1), substituted ''$123''
for ''$110'', ''$1000'' for ''$1100'' wherever appearing, ''$1300'' for
''$1500'' wherever appearing, ''$1600'' for ''$1700'' wherever
appearing, ''$1800'' for ''$2000'' wherever appearing, ''$2000'' for
''$2300'' wherever appearing, and ''$3000'' for ''$2600'' wherever
appearing, and provided that in no event shall the monthly rate be less
than $4.00.
Subsec. (b)(2). Pub. L. 93-527, 7(1), reenacted par. (2) without
change.
Subsec. (c). Pub. L. 93-527, 7(2), substituted ''$86'' for ''$77'',
''$2100'' for ''$1400'' wherever appearing, ''$2500'' for ''$2300''
wherever appearing, ''3000'' for ''2600'' wherever appearing, and ''4
cents'', ''5 cents'' and ''6 cents'' for ''3 cents'', ''4 cents'' and
''5 cents'', and inserted provision that in no event shall the monthly
rate of dependency and indemnity compensation be less than $4.
Subsec. (d). Pub. L. 93-527, 7(3), substituted ''$83'' for ''$74'',
''$1,000'' for ''$1,200'' wherever appearing, ''$2500'' for ''$2900''
wherever appearing, and ''3500'' for ''$3800'', and inserted provisions
for reduction of 4 cents in the monthly rate for each dollar of annual
income in excess of $3500 up to and including $4200, for not less than
$4 for the monthly rate of dependency and indemnity compensation, and
raised the maximum combined income for which compensation will be paid
from $3800 to $4200.
Subsec. (h). Pub. L. 93-527, 7(4), substituted ''$64'' for ''$55''.
1973 -- Subsec. (b)(1). Pub. L. 93-177, 4(a), substituted ''$110''
for ''$100'', ''$1,100'' for ''$1,200'', ''$1,500'' for ''$1,600'',
''$1,700'' for ''$1,900'', ''$2,000'' for ''$2,100'', and ''$2,300'' for
''$2,600'' in existing provisions and inserted provisions for a
reduction of 8 cents in the monthly rate for each $1 annual income in
excess of $2,300 up to and including $2,600.
Subsec. (b)(2). Pub. L. 93-177, 4(a), reenacted par. (2) without
change.
Subsec. (c). Pub. L. 93-177, 4(b), substituted ''$77'' for ''$70'',
''$1,400'' for ''$1,700'', and ''$2,300'' for ''$2,600'' in existing
provisions and inserted provision for a reduction of 5 cents in the
monthly rate for each $1 of annual income in excess of $2,300 up to and
including $2,600.
Subsec. (d). Pub. L. 93-177, 4(c), substituted ''$74'' for ''$67'',
''$1,200'' for ''$1,300'', and ''$2,900'' for ''$3,400''.
1972 -- Subsec. (g)(1)(M). Pub. L. 92-425 substituted ''subchapter I
of chapter 73 of title 10'' for ''chapter 73 of title 10''.
1971 -- Subsec. (b)(1). Pub. L. 92-197, 4(a), substituted formula
to measure monthly compensation rate of one parent by specifying a
maximum monthly rate for each group within designated income category
and each individual's monthly rate to be computed by reducing the
maximum monthly rate by a specified number of cents for each dollar by
which the minimum income limitation for that group is exceeded, for
table providing for income and benefit rates, and increased the maximum
income limit to $2,600 from $2,300.
Subsec. (b)(2). Pub. L. 92-197, 4(a), substituted reference to
formula in subsecs. (b)(1) and (d), for reference to tables in subsecs.
(b)(1) and (d).
Subsec. (c). Pub. L. 92-197, 4(b), substituted formula to measure
dependency and indemnity compensation rates of two parents not living
together by specifying a maximum monthly rate for each group within
designated income category and each individual's monthly rate to be
computed by reducing the maximum monthly rate by a specified number of
cents for each dollar by which the minimum income limitation for that
group is exceeded, for table providing for income and benefit rates, and
increased the maximum income limit to $2,600 from $2,300.
Subsec. (d). Pub. L. 92-197, 4(c), substituted formula to measure
dependency and indemnity compensation to two parents living together or
a remarried parent living with his spouse by specifying a maximum
monthly rate for each group within designated income category and each
individual's monthly rate to be computed by reducing the maximum monthly
rate by a specified number of cents for each dollar by which the minimum
income limitation for that group is exceeded, for table providing for
income and benefit rates, and increased the maximum income limit to
$3,800 from $3,500.
Subsec. (g)(2), (3). Pub. L. 92-197, 4(d), redesignated par. (2)
as par. (3) and added par. (2).
Subsec. (h). Pub. L. 92-197, 4(e), added subsec. (h).
1970 -- Subsec. (b)(1). Pub. L. 91-588, 2(a), provided new annual
income limits to measure monthly compensation of one parent by adding
minimum income limits of $2,000, $2,100, and $2,200 with maximum limits
of $2,100, $2,200, and $2,300 for monthly benefits of $18, $12, and $10,
respectively, and within existing annual income limits from a maximum of
$800 to a maximum of $2,000, as well as the in-between limits set out in
one-hundred dollar increments, the applicable monthly benefit for each
limit was amended, respectively, by substituting in column II ''$96''
for ''$87'', ''94'' for ''81'', ''91'' for ''75'', ''87'' for ''69'',
''81'' for ''62'', ''75'' for ''54'', ''69'' for ''46'', ''62'' for
''38'', ''54'' for ''31'', ''46'' for ''25'', ''38'' for ''18'', ''31''
for ''12'', and ''25'' for ''10''.
Subsec. (c). Pub. L. 91-588, 2(b), provided new annual income limits
to measure monthly compensation of two parents not living together by
adding minimum income limits of $2,000, $2,100, and $2,200 with maximum
limits of $2,100, $2,200, and $2,300 for monthly benefits of $14, $12,
and $10, respectively, and within existing annual income limits from a
maximum of $800 to a maximum of $2,000, as well as the in-between limits
set out in one-hundred dollar increments, the applicable monthly benefit
for each limit was amended, respectively, by substituting in column II
''$66'' for ''$58'', ''64'' for ''54'', ''61'' for ''50'', ''58'' for
''46'', ''54'' for ''41'', ''50'' for ''35'', ''46'' for ''29'', ''41''
for ''23'', ''35'' for ''20'', ''29'' for ''16'', ''23'' for ''12'',
''20'' for ''11'', and ''16'' for ''10''.
Subsec. (d). Pub. L. 91-588, 2(c), provided new annual income limits
to measure monthly compensation of two parents living together by adding
minimum income limits of $3,200, $3,300, and $3,400 with maximum limits
of $3,300, $3,400, and $3,500 for monthly benefits of $14, $12, and $10,
respectively, and within existing annual income limits from a maximum of
$1,000 to a maximum of $3,200, as well as the in-between limits set out
in one-hundred dollar increments, the applicable monthly benefit for
each limit was amended, respectively, by substituting in column II
''$64'' for ''$58'', ''62'' for ''56'', ''60'' for ''54'', ''58'' for
''52'', ''56'' for ''49'', ''54'' for ''46'', ''52'' for ''44'', ''49''
for ''42'', ''46'' for ''40'', ''44'' for ''38'', ''42'' for ''35'',
''40'' for ''33'', ''38'' for ''31'', ''35'' for ''29'', ''33'' for
''26'', ''31'' for ''23'', ''29'' for ''21'', ''27'' for ''19'', ''25''
for ''17'', ''23'' for ''15'', ''21'' for ''12'', ''19'' for ''11'', and
''17'' for ''10''.
Subsec. (e). Pub. L. 91-588, 2(d), exempted from filing requirement
any parent who has attained 72 years of age and has been paid dependency
and indemnity compensation during two consecutive calendar years.
Subsec. (g)(1)(C). Pub. L. 91-588, 8(a), inserted reference to first
sentence of section 9(b) of the Veterans' Pension Act of 1959.
Subsec. (g)(1)(M). Pub. L. 91-588, 8(a), added subpar. (M).
1968 -- Subsec. (b)(1). Pub. L. 90-275, 2(a), in providing new
annual income limits to measure monthly compensation of one parent,
reenacted minimum income limit of $800 for monthly benefit of $87,
struck out prohibition against payments when income is in excess of
$1,800, and substituted a sliding scale of payments based on one hundred
dollar increments from more than $800 to more than $1,900 to $2,000 for
payments of $81 to 10 for former sliding scale based on limits of $800
to 1,100, $1,100 to 1,300, $1,300 to 1,500, and $1,500 to 1,800 for
payments of $69, $52, $35, and $18, respectively.
Subsec. (c). Pub. L. 90-275, 2(b), in providing new annual income
limits to measure monthly compensation of two parents not living
together, reenacted minimum income limit of $800 for monthly benefit of
$58, struck out prohibition against payments when income is in excess of
$1,800, and substituted a sliding scale of payments based on one hundred
dollar increments from more than $800 to more than $1,900 to $2,000 for
payments of $54 to 10 for former sliding scale based on limits of $800
to 1,100, $1,100 to 1,300, $1,300 to 1,500, and $1,500 to 1,800 for
payments of $46, $35, $23, and $12, respectively.
Subsec. (d). Pub. L. 90-275, 2(c), in providing new annual income
limits to measure monthly compensation of two parents living together,
reenacted minimum combined income limit of $1,000 for monthly benefit of
$58, struck out prohibition against payments when income is in excess of
$3,000, and substituted a sliding scale of payments based on one hundred
dollar increments from more than $1,000 to $3,100 for payments of $56 to
11 for former sliding scale based on five hundred dollar increments from
more than $1,000 to $3,000 for payments of $58, $46, $35, $23, and $12.
1966 -- Subsec. (b). Pub. L. 89-730, 1(a), designated existing
subsection as par. (1), and in par. (1) as so designated, substituted
reference to subsec. (b)(2) for subsec. (d), amended table by
providing for increased indemnity compensation while permitting the
recipient to earn a higher maximum annual income, and added par. (2).
Subsec. (c). Pub. L. 89-730, 1(b), amended table by providing for
increased indemnity compensation while permitting the recipient to earn
a higher maximum annual income.
Subsec. (d). Pub. L. 89-730, 1(c), amended table by providing for
increased indemnity compensation while permitting the recipients to earn
a higher combined maximum annual income.
Subsec. (g)(1). Pub. L. 89-730, 2, in cl. (C) struck out ''chapter
11'' and substituted ''chapters 11 and 15'', and added cls. (F) to (L).
1963 -- Subsec. (b). Pub. L. 88-21, 4(a), substituted in Column II
of table ''$83'', ''$66'', ''$50'', ''$33'', and ''$17'' for ''$75'',
''$60'', ''$45'', ''$30'', and ''$15'', respectively.
Subsecs. (c), (d). Pub. L. 88-21, 4(b), substituted in Column II of
tables ''$55'', ''$44'', ''$33'', ''$22'', and ''$11'' for ''50'',
''$40'', ''$30'', ''$20'' and ''$10'', respectively.
1961 -- Subsec. (g)(1)(C). Pub. L. 87-268 substituted ''section
412(a)'' for ''section 412''.
Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as
otherwise specifically provided, see section 802(f) of Pub. L. 96-466,
set out as an Effective Date note under section 5314 of this title.
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401
of Pub. L. 95-588, set out as a note under section 101 of this title.
Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section 302
of Pub. L. 95-204, set out as a note under section 1122 of this title.
Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section
405(b) of Pub. L. 94-432, set out as a note under section 1521 of this
title.
Section 201 of Pub. L. 94-169, as amended by section 101 of Pub. L.
94-432, eff. Sept. 30, 1976, provided that the amendment made by that
section is effective Jan. 1, 1976.
Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section 10
of Pub. L. 93-527, set out as a note under section 1521 of this title.
Amendment by Pub. L. 93-177 effective Jan. 1, 1974, see section 8
of Pub. L. 93-177, set out as a note under section 1521 of this title.
Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10
of Pub. L. 92-197, set out as a note under section 1311 of this title.
Amendment by sections 2(a)-(c) and 8(a) of Pub. L. 91-588, effective
Jan. 1, 1971, and amendment by section 2(d) of Pub. L. 91-588,
effective on Jan. 1, 1972, see section 10 of Pub. L. 91-588, set out
as a note under section 1521 of this title.
Amendment by Pub. L. 90-275 effective Jan. 1, 1969, see section
6(a) of Pub. L. 90-275, set out as a note under section 1521 of this
title.
Section 7 of Pub. L. 89-730 provided that:
''(a) Except section 6 (enacting and amending provisions set out as
notes under section 1976 of this title) and as otherwise provided in
subsection (b) of this section, this Act (amending this section and
sections 413, 414, and 3012 (now 1313, 1314, and 1512) of this title)
shall take effect on the first day of the second calendar month
following the date of enactment of this Act (Nov. 2, 1966).
''(b) Section 2 of this Act (amending this section) shall take effect
on January 1, 1967, but paragraph (G) of section 415(g)(1) (now
1315(g)(1)), title 38, United States Code, as added by such section 2,
shall not apply to any parent receiving dependency and indemnity
compensation on December 31, 1966, or subsequently determined entitled
to that benefit for said day, until his contributions to the described
plans or programs have been recouped.''
Amendment by Pub. L. 88-21 effective first day of second calendar
month beginning after May 15, 1963, see section 5 of Pub. L. 88-21, set
out as a note under section 1311 of this title.
Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3
of Pub. L. 87-268, set out as a note under section 1312 of this title.
Payments for balance of calendar year 1968 and calendar year 1969,
calendar year 1970, and during each successive calendar year at
prescribed monthly rates when payments would be less under this title as
a result of increase in monthly insurance benefits provided by Social
Security Amendments of 1967, see section 3 of Pub. L. 90-275, set out
as a note under section 1521 of this title.
section 8624.
38 USC 1316. Dependency and indemnity compensation in cases of prior
deaths
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Any person who is eligible as a surviving spouse or child for
death compensation by reason of a death occurring before January 1,
1957, may receive dependency and indemnity compensation upon application
therefor.
(2) Any person who is eligible as a parent, or, but for such person's
annual income, would be eligible as a parent, for death compensation by
reason of a death occurring before January 1, 1957, may receive
dependency and indemnity compensation upon application therefor;
however, the annual income limitations established by section 1315 of
this title shall apply to each such parent.
(b)(1) Whenever the surviving spouse of a veteran has been granted
dependency and indemnity compensation by reason of this section,
payments to such surviving spouse and to the children of the veteran
shall thereafter be made under this chapter, and shall not thereafter be
made to them by reason of the death of the veteran under (A) other
provisions of law administered by the Secretary providing for the
payment of compensation or pension, or (B) subchapter I of chapter 81 of
title 5.
(2) Whenever the child or parent of any veteran is granted dependency
and indemnity compensation, payments shall not thereafter be made to
such child or parent by reason of the death of the veteran under (A)
other provisions of law administered by the Secretary providing for the
payment of compensation or pension, or (B) subchapter I of chapter 81 of
title 5.
(c) If children of a deceased individual are receiving death
compensation, and all such children have not applied for dependency and
indemnity compensation, (1) dependency and indemnity compensation paid
to each child who has applied therefor shall not exceed the amounts
which would be paid if the application had been made by, or on behalf
of, all such children, and (2) benefits paid under other provisions of
law administered by the Secretary providing for the payment of
compensation or pension, or under subchapter I of chapter 81 of title 5,
to each child who has not so applied therefor shall not exceed the
amounts which would be paid to such child if no such application had
been made.
(d) If there are two parents of a deceased individual eligible for
benefits by reason of subsection (a), and an application for dependency
and indemnity compensation is not made by both parents, (1) dependency
and indemnity compensation paid to the parent who applies therefor shall
not exceed the amounts which would be paid to such parent if both
parents had so applied, and (2) benefits paid under other provisions of
law administered by the Secretary providing for the payment of
compensation, or under subchapter I of chapter 81 of title 5, to the
parent who has not so applied therefor shall not exceed the amounts
which would be paid to such parent if no such application had been made.
(e)(1) Except as provided in paragraphs (3) and (4), no person who,
on January 1, 1957, was a principal or contingent beneficiary of any
payments under the Servicemen's Indemnity Act of 1951 may receive any
such payments based upon the death giving rise to such payments after
such person has been granted dependency and indemnity compensation based
upon that death. No principal or contingent beneficiary who has
assigned such beneficiary's interest in payments under the Servicemen's
Indemnity Act of 1951 after June 28, 1956, may receive any payments
under this chapter based upon the death giving rise to such payments
until the portion of the indemnity so assigned is no longer payable to
any person.
(2) Where a beneficiary is barred from the receipt of payments under
the Servicemen's Indemnity Act of 1951 by virtue of the first sentence
of paragraph (1), no payments of the portion of indemnity in which such
beneficiary had an interest shall be made to any other beneficiary.
(3) In the case of a child who has applied for dependency and
indemnity compensation pursuant to this section or prior corresponding
provisions of law, and who is or becomes a beneficiary under the
Servicemen's Indemnity Act of 1951 by reason of the death giving rise to
such child's eligibility for dependency and indemnity compensation, the
Secretary shall determine and pay to such child for each month, or part
thereof, payments under this chapter or under such Act, whichever
payment the Secretary determines to be the greater amount.
(4) Notwithstanding paragraph (2), where a child receives dependency
and indemnity compensation under this chapter, and thereafter dies, the
portion of servicemen's indemnity in which such child had an interest
may be paid (subject to paragraph (3)) to another child of the person by
reason of whose death such servicemen's indemnity was payable.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1130, 416; Pub. L.
94-433, title IV, 405(11)-(16), Sept. 30, 1976, 90 Stat. 1380; Pub.
L. 97-295, 4(11), Oct. 12, 1982, 96 Stat. 1305; renumbered 1316 and
amended Pub. L. 102-83, 4(a)(1), (b)(1), (2)(E), 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 403-406.)
The Servicemen's Indemnity Act of 1951, referred to in subsec. (e),
is act Apr. 25, 1951, ch. 39, pt. I, 65 Stat. 33, as amended, which
was classified generally to subchapter II ( 851 et seq.) of chapter 13
of former Title 38, Pensions, Bonuses, and Veterans' Relief, and was
repealed by act Aug. 1, 1956, ch. 873, title V, 502(9), 70 Stat.
886.
1991 -- Pub. L. 102-83, 5(a), renumbered section 416 of this title
as this section.
Subsec. (a)(2). Pub. L. 102-83, 5(c)(1), substituted ''1315'' for
''415''.
Subsecs. (b) to (d). Pub. L. 102-83, 4(a)(1), substituted
''administered by the Secretary'' for ''administered by the Veterans'
Administration'' wherever appearing.
Subsec. (e)(3). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places.
1982 -- Subsecs. (b)(1)(B), (2)(B), (c)(2), (d)(2). Pub. L. 97-295
substituted ''subchapter I of chapter 81 of title 5'' for ''the Federal
Employees' Compensation Act'' wherever appearing.
1976 -- Subsec. (a). Pub. L. 94-433, 405(11), substituted
''surviving spouse'' for ''widow'' in par. (1) and ''such person's''
for ''his'' in par. (2).
Subsec. (b)(1). Pub. L. 94-433, 405(12), substituted ''surviving
spouse'' and ''such surviving spouse'' for ''widow'' and ''her'',
respectively.
Subsec. (c). Pub. L. 94-433, 405(13), substituted ''paid to such
child'' for ''paid to him''.
Subsec. (d). Pub. L. 94-433, 405(14), substituted ''such parent''
for ''him'' in cls. (1) and (2).
Subsec. (e). Pub. L. 94-433, 405(15), (16), substituted ''such
person'' and ''such beneficiary's'' for ''he'' and ''his'',
respectively, in par. (1) and ''such child's'' and ''the
Administrator'' for ''his'' and ''he'', respectively, in par. (3).
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
38 USC 1317. Restriction on payments under this chapter
TITLE 38 -- VETERANS' BENEFITS
No person eligible for dependency and indemnity compensation by
reason of any death occurring after December 31, 1956, shall be eligible
by reason of such death for any payments under (1) provisions of law
administered by the Secretary providing for the payment of death
compensation or death pension, or (2) subchapter I of chapter 81 of
title 5.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1132, 417; Pub. L.
91-291, 13(a), (b), June 25, 1970, 84 Stat. 332; Pub. L. 92-197, 5,
Dec. 15, 1971, 85 Stat. 662; Pub. L. 97-295, 4(11), Oct. 12, 1982, 96
Stat. 1305; renumbered 1317 and amended Pub. L. 102-83, 4(a)(1),
5(a), Aug. 6, 1991, 105 Stat. 403, 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 417 of this title
as this section.
Pub. L. 102-83, 4(a)(1), substituted ''administered by the
Secretary'' for ''administered by the Veterans' Administration''.
1982 -- Pub. L. 97-295 substituted ''subchapter I of chapter 81 of
title 5'' for ''the Federal Employees' Compensation Act''.
1971 -- Pub. L. 92-197 struck out subsec. (a) which, among other
provisions, restricted payment of dependency and indemnity compensation
in certain cases where death of a veteran occurred while United States
Government life insurance or National Service Life Insurance was in
force under an in-service waiver of premiums continued under section 724
of this title, and designated subsec. (b) as entire section.
1970 -- Subsec. (a). Pub. L. 91-291 designated material after
''unless'' in first sentence as cl. (1), added cl. (2), and in last
sentence substituted ''first sentence'' for ''preceding sentence''.
Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10
of Pub. L. 92-197, set out as a note under section 1311 of this title.
Section 13(c) of Pub. L. 91-291 provided that: ''No dependency and
indemnity compensation shall be payable to any person by virtue of the
amendments made by subsection (a) of this section (amending this
section) for any person prior to the effective date of this Act (June
25, 1970).''
Section 14(a) of Pub. L. 91-291 provided that: ''The amendments
made by this Act (amending this section and sections 705, 707, 745, 765,
767, 768, 769, 770, and 774 (now 1905, 1907, 1945, 1965, 1967, 1968,
1969, 1970, and 1974) of this title and enacting provisions set out as
notes under this section) shall take effect as of the date of enactment
(June 25, 1970), except that sections 10 and 12 (amending sections 717
and 752 (now 1917 and 1952) of this title) shall take effect as of the
first day of the first calendar month which begins more than six
calendar months after the date of enactment of this Act (June 25,
1970).''
Section 8 of Pub. L. 92-197 provided that: ''Any person who before
January 1, 1972, was not eligible for dependency and indemnity
compensation under such title by reason of the provisions of the prior
section 417(a) of title 38, United States Code, may elect, in such
manner as the Administrator of Veterans' Affairs shall prescribe, to
receive dependency and indemnity compensation, and an election so made
shall be final. A person receiving, or entitled to receive, death
compensation on December 31, 1971, shall continue to receive death
compensation, if otherwise eligible, in the absence of an election to
receive dependency and indemnity compensation.''
38 USC 1318. Benefits for survivors of certain veterans rated totally
disabled at time of death
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall pay benefits under this chapter to the
surviving spouse and to the children of a deceased veteran described in
subsection (b) of this section in the same manner as if the veteran's
death were service connected.
(b) A deceased veteran referred to in subsection (a) of this section
is a veteran who dies, not as the result of the veteran's own willful
misconduct, and who was in receipt of or entitled to receive (or but for
the receipt of retired or retirement pay was entitled to receive)
compensation at the time of death for a service-connected disability
that either --
(1) was continuously rated totally disabling for a period of 10 or
more years immediately preceding death; or
(2) if so rated for a lesser period, was so rated continuously for a
period of not less than five years from the date of such veteran's
discharge or other release from active duty.
(c) Benefits may not be paid under this chapter by reason of this
section to a surviving spouse of a veteran unless --
(1) the surviving spouse was married to the veteran for one year or
more immediately preceding the veteran's death; or
(2) a child was born of the marriage or was born to them before the
marriage.
(d) If a surviving spouse or a child receives any money or property
of value pursuant to an award in a judicial proceeding based upon, or a
settlement or compromise of, any cause of action for damages for the
death of a veteran described in subsection (a) of this section, benefits
under this chapter payable to such surviving spouse or child by virtue
of this section shall not be paid for any month following a month in
which any such money or property is received until such time as the
total amount of such benefits that would otherwise have been payable
equals the total of the amount of the money received and the fair market
value of the property received.
(e) For purposes of sections 1448(d) and 1450(c) of title 10,
eligibility for benefits under this chapter by virtue of this section
shall be deemed eligibility for dependency and indemnity compensation
under section 1311(a) of this title.
(Added Pub. L. 100-687, div. B, title XIV, 1403(a)(1), Nov. 18,
1988, 102 Stat. 4130, 418; amended Pub. L. 101-237, title I, 113,
Dec. 18, 1989, 103 Stat. 2065; renumbered 1318 and amended Pub. L.
102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 418 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Subsec. (e). Pub. L. 102-83, 5(c)(1), substituted ''1311(a)'' for
''411(a)''.
1989 -- Subsec. (c)(1). Pub. L. 101-237 substituted ''one year'' for
''two years''.
38 USC SUBCHAPTER III -- CERTIFICATIONS
TITLE 38 -- VETERANS' BENEFITS
38 USC 1321. Certifications with respect to pay grade
TITLE 38 -- VETERANS' BENEFITS
The Secretary concerned shall, at the request of the Secretary,
certify to the Secretary the pay grade of deceased persons with respect
to whose deaths applications for benefits are filed under this chapter.
The certification of the Secretary concerned shall be binding upon the
Secretary.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1132, 421; Pub. L. 91-96,
4, Oct. 27, 1969, 83 Stat. 145; Pub. L. 94-433, title IV, 405(17),
Sept. 30, 1976, 90 Stat. 1380; renumbered 1321 and amended Pub. L.
102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 421 of this title
as this section.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary, certify to
the Secretary'' for ''Administrator, certify to the Administrator'' and
''upon the Secretary'' for ''upon the Administrator''.
1976 -- Pub. L. 94-433 substituted ''to the Administrator'' for ''to
him''.
1969 -- Pub. L. 91-96 substituted ''Certifications with respect to
pay grade'' for ''Certifications with respect to basic pay'' in section
catchline and substituted provisions authorizing certifications with
respect to the pay grade of deceased persons for provisions authorizing
certifications with respect to the basic pay of deceased persons,
considering rank or grade and cumulative years of service for pay
purposes, and struck out the provision requiring the adjustment of basic
pay as determined by this chapter whenever basic pay (as defined under
the former provisions of section 401 of this title) is adjusted.
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Amendment by Pub. L. 91-96 effective first day of second calendar
month which begins after Oct. 27, 1969, see section 8 of Pub. L.
91-96, set out as a note under section 1302 of this title.
38 USC 1322. Certifications with respect to social security
entitlement
TITLE 38 -- VETERANS' BENEFITS
(a) Determinations required by section 1312(a) of this title (other
than a determination required by section 1312(a)(2) of this title) as to
whether any survivor described in section 1312(a)(3) of this title of a
deceased individual would be entitled to benefits under section 202 of
the Social Security Act (42 U.S.C. 402) for any month and as to the
amount of the benefits which would be paid for such month, if the
deceased veteran had been a fully and currently insured individual at
the time of such veteran's death, shall be made by the Secretary of
Health and Human Services, and shall be certified by such Secretary to
the Secretary of Veterans Affairs upon request of the Secretary of
Veterans Affairs.
(b) The Secretary shall pay to the Secretary of Health and Human
Services an amount equal to the costs which will be incurred in making
determinations and certifications under subsection (a). Such payments
shall be made with respect to the costs incurred during such period (but
not shorter than a calendar quarter) as the two Secretaries may
prescribe, with the amount of such payments to be made on the basis of
estimates made by the Secretary of Health and Human Services after
consultation with the Secretary. The amount payable for any period
shall be increased or reduced to compensate for any underpayment or
overpayment, as the case may be, of the costs incurred in any preceding
period.
(c) Except with respect to determinations made under subsection (a)
of this section, the Secretary shall prescribe such regulations as may
be necessary to carry out the provisions of this section and section
1312(a) of this title.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1132, 422; Pub. L.
87-268, 1(b), (c), Sept. 21, 1961, 75 Stat. 566; Pub. L. 94-433, title
IV, 405(18), Sept. 30, 1976, 90 Stat. 1380; Pub. L. 97-295, 4(12),
(95)(A), Oct. 12, 1982, 96 Stat. 1305, 1313; renumbered 1322 and
amended Pub. L. 102-83, 4(b)(1), (2)(A), (E), 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 422 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1312(a)'' for
''412(a)'', ''1312(a)(2)'' for ''412(a)(2)'', ''1312(a)(3)'' for
''412(a)(3)''.
Pub. L. 102-83, 4(b)(2)(A)(i), substituted ''Secretary of Veterans
Affairs'' for ''Administrator'' in two places.
Subsec. (b). Pub. L. 102-83, 4(b)(2)(A)(ii), substituted ''The
Secretary shall pay to the Secretary of Health and Human Services'' for
''Upon the basis of estimates made by the Secretary of Health and Human
Services after consultation with the Administrator, the Administrator
shall pay to the Secretary'' and ''as the two Secretaries may prescribe,
with the amount of such payments to be made on the basis of estimates
made by the Secretary of Health and Human Services after consultation
with the Secretary'' for ''as the Secretary and the Administrator may
prescribe''.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''1312(a)'' for
''412(a)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
1982 -- Subsec. (a). Pub. L. 97-295, 4(12), (95)(A), substituted
''section 202 of the Social Security Act (42 U.S.C. 402)'' for ''section
402 of title 42'', and ''Health and Human Services'' for ''Health,
Education, and Welfare''.
Subsec. (b). Pub. L. 97-295, 4(95)(A), substituted ''Health and
Human Services'' for ''Health, Education, and Welfare''.
1976 -- Subsec. (a). Pub. L. 94-433 substituted ''such veteran's''
and ''such Secretary'' for ''his'' and ''him'', respectively.
1961 -- Subsec. (a). Pub. L. 87-268 1(c), substituted ''section
412(a)'' for ''section 412'', ''section 412(a)(2)'' for ''section
412(2)'', and ''section 412(a)(3)'' for ''section 412(3)''.
Subsec. (c). Pub. L. 87-268, 1(b), substituted ''section 412(a)''
for ''section 412''.
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3
of Pub. L. 87-268, set out as a note under section 1312 of this title.
38 USC 1323. Certifications with respect to circumstances of death
TITLE 38 -- VETERANS' BENEFITS
Whenever the Secretary determines on the basis of a claim for
benefits filed with the Secretary that a death occurred under the
circumstances referred to in section 1476(a) of title 10, the Secretary
shall certify that fact to the Secretary concerned. In all other cases,
the Secretary shall make the determination referred to in such section
at the request of the Secretary concerned.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1133, 423; Pub. L.
94-433, title IV, 405(19), Sept. 30, 1976, 90 Stat. 1380; Pub. L.
102-54, 14(b)(4), June 13, 1991, 105 Stat. 283; renumbered 1323 and
amended Pub. L. 102-83, 4(b)(1), (2)(E), (3)(A), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
Prior sections 1401, 1402, 1411 to 1419, 1421 to 1423, 1431 to 1436,
and 1500 were renumbered sections 3001, 3002, 3011 to 3019, 3021 to
3023, 3031 to 3036, and 3100 of this title, respectively.
1991 -- Pub. L. 102-83, 5(a), renumbered section 423 of this title
as this section.
Pub. L. 102-83, 4(b)(3)(A), substituted ''Certifications with
respect to circumstances of death'' for ''Certifications by
Administrator'' in section catchline.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary
determines'' for ''Administrator determines'', ''Secretary that'' for
''Administrator that'', and in two places ''Secretary shall'' for
''Administrator shall''.
Pub. L. 102-54 struck out ''or section 321(b) of title 32,'' after
''title 10,'' and ''1476(a) or 321(b)'' after ''such section''.
1976 -- Pub. L. 94-433 substituted ''with the Administrator'' for
''with him'' and ''the Administrator'' for ''he'' before ''shall
certify'' and ''shall make''.
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
38 USC CHAPTER 15 -- PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR
DEATH OR FOR SERVICE
TITLE 38 -- VETERANS' BENEFITS
Sec.
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.
1511. Indian War veterans.
1512. Spanish-American War veterans.
1521. Veterans of a period of war.
1522. Net worth limitation.
1523. Combination of ratings.
1524. Vocational training for certain pension recipients.
1525. Protection of health-care eligibility.
1532. Surviving spouses of Civil War veterans.
1533. Children of Civil War veterans.
1534. Surviving spouses of Indian War veterans.
1535. Children of Indian War veterans.
1536. Surviving spouses of Spanish-American War veterans.
1537. Children of Spanish-American War veterans.
1541. Surviving spouses of veterans of a period of war.
1542. Children of veterans of a period of war.
1543. Net worth limitation.
1560. Medal of Honor Roll; persons eligible.
1561. Certificate.
1562. Special provisions relating to pension.
1992 -- Pub. L. 102-568, title IV, 402(c)(2)(B), 403(b)(2), Oct.
29, 1992, 106 Stat. 4337, 4338, substituted ''Vocational training for
certain pension recipients'' for ''Temporary program of vocational
training for certain new pension recipients'' in item 1524 and
''Protection'' for ''Temporary protection'' in item 1525.
1991 -- Pub. L. 102-83, 5(b)(1), Aug. 6, 1991, 105 Stat. 406,
renumbered items 501 to 562 as 1501 to 1562, respectively.
Pub. L. 102-25, title III, 333(c)(2), Apr. 6, 1991, 105 Stat. 88,
substituted ''Other Periods of War'' for ''Mexican Border Period, World
War I, World War II, Korean Conflict, and the Vietnam Era'' as
subheading preceding item 541.
1986 -- Pub. L. 99-576, title VII, 703(b)(3), Oct. 28, 1986, 100
Stat. 3303, inserted ''program of'' after ''Temporary'' in item 524.
1984 -- Pub. L. 98-543, title III, 301(a)(2), Oct. 24, 1984, 98
Stat. 2746, added items 524 and 525.
1982 -- Pub. L. 97-295, 4(14), Oct. 12, 1982, 96 Stat. 1305,
substituted ''Honor Roll'' for ''honor roll'' in item 560.
1978 -- Pub. L. 95-588, title I, 104(b), 106(b), 109(b), 110(b),
112(b), Nov. 4, 1978, 92 Stat. 2499, 2502, 2504, 2505, added item 508,
substituted ''Veterans of a period of war'' for ''Veterans of the
Mexican border period, World War I, World War II, the Korean conflict,
or the Vietnam era'' in item 521, substituted ''Surviving spouses of
veterans of a period of war'' for ''Surviving spouses of Mexican border
period, World War I, World War II, Korean conflict, or Vietnam era
veterans'' in item 541, substituted ''Children of veterans of a period
of war'' for ''Children of Mexican border period, World War I, World War
II, Korean conflict, or Vietnam era veterans'' in item 542, struck out
heading ''Surviving Spouses of Veterans of All Periods of War''
following item 543, and struck out item 544.
1975 -- Pub. L. 94-169, title I, 101(2)(J), 106(24), (30), (38),
Dec. 23, 1975, 89 Stat. 1014, 1018, 1019, struck out items 510
relating to confederate forces veterans, and 531 relating to widows of
Mexican War veterans, substituted ''Surviving Spouses'' for ''Widows''
in heading of Subchapter III and subheading preceding item 544, and
substituted ''Surviving spouses'' for ''Widows'' in items 532, 534, 536
and 541.
1970 -- Pub. L. 91-588, 9(h), Dec. 24, 1970, 84 Stat. 1585,
inserted references to the Mexican border period in subheading preceding
item 541 and in items 521, 541, and 542, respectively.
1967 -- Pub. L. 90-77, title I, 108(b), title II, 202(i), Aug.
31, 1967, 81 Stat. 180, 183, added item 544 and included references to
Vietnam era in subheading preceding item 541 and in items 521, 541, and
542, respectively.
1966 -- Pub. L. 89-467, 1(b), June 22, 1966, 80 Stat. 218, added
item 507.
1963 -- Pub. L. 88-77, 5(3), July 25, 1963, 77 Stat. 96,
substituted ''ARMY, NAVY, AIR FORCE, AND COAST GUARD'' for ''ARMY, NAVY,
AND AIR FORCE'', in heading of Subchapter IV.
1961 -- Pub. L. 87-138, 2(b), Aug. 14, 1961, 75 Stat. 339, struck
out ''entitling holder to pension'' after ''Certificate'' in item 561.
1959 -- Pub. L. 86-211, 7(a), Aug. 29, 1959, 73 Stat. 436,
substituted ''Determinations with respect to annual income'' for ''Items
not considered in determining income'' in item 503, ''Net worth
limitation'' for ''Income limitations'' in item 522, and ''Net worth
limitation'' for ''Widows of World War II or Korean conflict veterans''
in item 543, included widows of World War II and Korean conflict
veterans in item 541 and children of World War II and Korean conflict
veterans in item 542, added item 506, and struck out items 544 and 545
which related to children of World War II or Korean conflict veterans
and to income limitations.
section 6103; title 31 section 3803; title 42
section 6862.
38 USC SUBCHAPTER I -- GENERAL
TITLE 38 -- VETERANS' BENEFITS
38 USC 1501. Definitions
TITLE 38 -- VETERANS' BENEFITS
For the purposes of this chapter --
(1) The term ''Indian Wars'' means the campaigns, engagements, and
expeditions of the United States military forces against Indian tribes
or nations, service in which has been recognized heretofore as
pensionable service.
(2) The term ''World War I'' includes, in the case of any veteran,
any period of service performed by such veteran after November 11, 1918,
and before July 2, 1921, if such veteran served in the active military,
naval, or air service after April 5, 1917, and before November 12, 1918.
(3) The term ''Civil War veteran'' includes a person who served in
the military or naval forces of the Confederate States of America during
the Civil War, and the term ''active military or naval service''
includes active service in those forces.
(4) The term ''period of war'' means the Mexican border period, World
War I, World War II, the Korean conflict, the Vietnam era, the Persian
Gulf War, and the period beginning on the date of any future declaration
of war by the Congress and ending on the date prescribed by Presidential
proclamation or concurrent resolution of the Congress.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, 501; Pub. L.
94-169, title I, 106(1), Dec. 23, 1975, 89 Stat. 1017; Pub. L.
95-588, title I, 101, Nov. 4, 1978, 92 Stat. 2497; Pub. L. 102-25,
title III, 333(a), Apr. 6, 1991, 105 Stat. 88; renumbered 1501, Pub.
L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
Prior sections 1500 and 1501 were renumbered sections 3100 and 3101
of this title, respectively.
Another prior section 1501, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1171; Pub. L. 93-508, title I, 101(1), Dec. 3, 1974, 88 Stat. 1578,
which defined the terms ''World War II'' and ''vocational
rehabilitation'' for purposes of chapter 31 of this title prior to the
general revision of chapter 31 of this title by Pub. L. 96-466.
Section 802(a)(3) of Pub. L. 96-466, set out as an Effective Date note
under section 3100 of this title, provided that this prior section 1501
continue in effect until Mar. 31, 1981.
1991 -- Pub. L. 102-83 renumbered section 501 of this title as this
section.
Par. (4). Pub. L. 102-25 inserted ''the Persian Gulf War,'' after
''the Vietnam era,''.
1978 -- Par. (4). Pub. L. 95-588 added par. (4).
1975 -- Par. (2). Pub. L. 94-169 substituted ''such veteran'' for
''him''.
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401
of Pub. L. 95-588, set out as a note under section 101 of this title.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
Pub. L. 94-432, title IV, 404, Sept. 30, 1976, 90 Stat. 1372,
provided that, due to certain insufficiencies in pension program for
nonservice-connected disability or death authorized by this chapter, and
lack of sufficient long-range information as to actual and anticipated
financial characteristics of potential pensioners and their families
upon which to estimate costs of existing alternative pension programs,
it was necessary for Administrator of Veterans' Affairs to study
existing and alternative nonservice-connected pension programs and to
submit a report to Congress and the President not later than Oct. 1,
1977, on alternative courses of legislative and administrative action
and long-range cost estimates therefor.
Administrator
Pub. L. 93-527, 8, Dec. 21, 1974, 88 Stat. 1705, directed
Administrator of Veterans' Affairs to study needs and problems of
veterans and their widows seventy-two years of age or older and required
him to report to Congress and President not later than one hundred and
eighty days after convening of Ninety-fourth Congress results of study
together with any recommendations for legislative or administrative
action.
38 USC 1502. Determinations with respect to disability
TITLE 38 -- VETERANS' BENEFITS
(a) For the purposes of this chapter, a person shall be considered to
be permanently and totally disabled if such a person is unemployable as
a result of disability reasonably certain to continue throughout the
life of the disabled person, or is suffering from --
(1) any disability which is sufficient to render it impossible for
the average person to follow a substantially gainful occupation, but
only if it is reasonably certain that such disability will continue
throughout the life of the disabled person; or
(2) any disease or disorder determined by the Secretary to be of such
a nature or extent as to justify a determination that persons suffering
therefrom are permanently and totally disabled.
(b) For the purposes of this chapter, a person shall be considered to
be in need of regular aid and attendance if such person is (1) a patient
in a nursing home or (2) helpless or blind, or so nearly helpless or
blind as to need or require the regular aid and attendance of another
person.
(c) For the purposes of this chapter, the requirement of
''permanently housebound'' will be considered to have been met when the
veteran is substantially confined to such veteran's house (ward or
clinical areas, if institutionalized) or immediate premises due to a
disability or disabilities which it is reasonably certain will remain
throughout such veteran's lifetime.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, 502; Pub. L.
88-664, 6(b), Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90-77, title I,
102, Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-169, title I, 106(2),
Dec. 23, 1975, 89 Stat. 1017; Pub. L. 94-432, title II, 201, Sept.
30, 1976, 90 Stat. 1369; Pub. L. 101-508, title VIII, 8002(a), Nov.
5, 1990, 104 Stat. 1388-342; renumbered 1502 and amended Pub. L.
102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)
Prior section 1502 was renumbered section 3102 of this title.
Another prior section 1502, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1171; Pub. L. 86-721, 3, Sept. 8, 1960, 74 Stat. 820; Pub. L.
87-815, 7, Oct. 15, 1962, 76 Stat. 927; Pub. L. 89-138, 2(2), Aug.
26, 1965, 79 Stat. 578; Pub. L. 90-631, 1(a), Oct. 23, 1968, 82
Stat. 1331; Pub. L. 92-540, title I, 101(1), title III, 301, Oct.
24, 1972, 86 Stat. 1074, 1080; Pub. L. 93-508, title I, 101(2), Dec.
3, 1974, 88 Stat. 1578; Pub. L. 94-502, title I, 104(1), Oct. 15,
1976, 90 Stat. 2384, which related to the basic entitlement of veterans
with service-connected disabilities to vocational rehabilitation under
chapter 31 of this title prior to the general revision of chapter 31 of
this title by Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96-466,
set out as an Effective Date note under section 3100 of this title,
provided that this prior section 1502 continue in effect until Mar. 31,
1981.
Prior section 1502A, Pub. L. 87-591, 1, Aug. 16, 1962, 76 Stat.
393, which related to vocational rehabilitation for blinded veterans,
was repealed by Pub. L. 89-138, 2(3), Aug. 26, 1965, 79 Stat. 578.
1991 -- Pub. L. 102-83, 5(a), renumbered section 502 of this title
as this section.
Subsec. (a)(2). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1990 -- Subsec. (a). Pub. L. 101-508 amended introductory provisions
generally. Prior to amendment, introductory provisions read as follows:
''For the purposes of this chapter, a person shall be considered to be
permanently and totally disabled if such person is sixty-five years of
age or older or became unemployable after age 65, or suffering from --
''.
1976 -- Subsec. (a). Pub. L. 94-432 inserted ''or became
unemployable after age 65,'' after ''or older''.
1975 -- Subsecs. (a) and (b). Pub. L. 94-169 substituted ''such
person'' for ''he''.
Subsec. (c). Pub. L. 94-169 substituted ''such veteran's'' for
''his'' wherever appearing.
1967 -- Subsec. (a). Pub. L. 90-77, 102(a), provided for
consideration of a person sixty-five years of age or older as
permanently and totally disabled.
Subsec. (b). Pub. L. 90-77, 102(b), added cl. (1) and designated
existing provisions as cl. (2).
1964 -- Subsec. (c). Pub. L. 88-664 added subsec. (c).
Section 8002(b) of Pub. L. 101-508 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply with respect
to claims filed after October 31, 1990.''
Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section
405(b) of Pub. L. 94-432, set out as a note under section 1521 of this
title.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section 11
of Pub. L. 88-664, set out as a note under section 1503 of this title.
38 USC 1503. Determinations with respect to annual income
TITLE 38 -- VETERANS' BENEFITS
(a) In determining annual income under this chapter, all payments of
any kind or from any source (including salary, retirement or annuity
payments, or similar income, which has been waived, irrespective of
whether the waiver was made pursuant to statute, contract, or otherwise)
shall be included except --
(1) donations from public or private relief or welfare organizations;
(2) payments under this chapter;
(3) amounts equal to amounts paid by a spouse of a veteran for the
expenses of such veteran's last illness, and by a surviving spouse or
child of a deceased veteran for --
(A) such veteran's just debts,
(B) the expenses of such veteran's last illness, and
(C) the expenses of such veteran's burial to the extent such expenses
are not reimbursed under chapter 23 of this title;
(4) amounts equal to amounts paid --
(A) by a veteran for the last illness and burial of such veteran's
deceased spouse or child, or
(B) by the spouse of a living veteran or the surviving spouse of a
deceased veteran for the last illness and burial of a child of such
veteran;
(5) reimbursements of any kind for any casualty loss (as defined in
regulations which the Secretary shall prescribe), but the amount
excluded under this clause may not exceed the greater of the fair market
value or reasonable replacement value of the property involved at the
time immediately preceding the loss;
(6) profit realized from the disposition of real or personal property
other than in the course of a business;
(7) amounts in joint accounts in banks and similar institutions
acquired by reason of death of other joint owner;
(8) amounts equal to amounts paid by a veteran, veterans' spouse, or
surviving spouse or by or on behalf of a veteran's child for
unreimbursed medical expenses, to the extent that such amounts exceed 5
percent of the maximum annual rate of pension (including any amount of
increased pension payable on account of family members but not including
any amount of pension payable because a person is in need of regular aid
and attendance or because a person is permanently housebound) payable to
such veteran, surviving spouse, or child;
(9) in the case of a veteran or surviving spouse pursuing a course of
education or vocational rehabilitation or training, amounts equal to
amounts paid by such veteran or surviving spouse for such course of
education or vocational rehabilitation or training, including (A)
amounts paid for tuition, fees, books, and materials, and (B) in the
case of such a veteran or surviving spouse in need of regular aid and
attendance, unreimbursed amounts paid for unusual transportation
expenses in connection with the pursuit of such course of education or
vocational rehabilitation or training, to the extent that such amounts
exceed the reasonable expenses which would have been incurred by a
nondisabled person using an appropriate means of transportation (public
transportation, if reasonably available); and
(10) in the case of a child, any current-work income received during
the year, to the extent that the total amount of such income does not
exceed an amount equal to the sum of --
(A) the lowest amount of gross income for which an income tax return
is required under section 6012(a) of the Internal Revenue Code of 1986,
to be filed by an individual who is not married (as determined under
section 7703 of such Code), is not a surviving spouse (as defined in
section 2(a) of such Code), and is not a head of household (as defined
in section 2(b) of such Code); and
(B) if the child is pursuing a course of postsecondary education or
vocational rehabilitation or training, the amount paid by such child for
such course of education or vocational rehabilitation or training,
including the amount paid for tuition, fees, books, and materials.
(b) Where a fraction of a dollar is involved, annual income shall be
fixed at the next lower dollar.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, 503; Pub. L.
86-211, 2(a), Aug. 29, 1959, 73 Stat. 432; Pub. L. 87-268, 1(b),
Sept. 21, 1961, 75 Stat. 566; Pub. L. 88-664, 1, Oct. 13, 1964, 78
Stat. 1094; Pub. L. 90-77, title I, 103, Aug. 31, 1967, 81 Stat. 178;
Pub. L. 91-588, 7, Dec. 24, 1970, 84 Stat. 1584; Pub. L. 92-198, 2,
Dec. 15, 1971, 85 Stat. 664; Pub. L. 92-425, 6(2), Sept. 21, 1972, 86
Stat. 713; Pub. L. 94-169, title I, 101(2)(A), 106(3)-(8), Dec. 23,
1975, 89 Stat. 1013, 1017; Pub. L. 95-588, title I, 102, Nov. 4, 1978,
92 Stat. 2497; Pub. L. 97-295, 4(13), Oct. 12, 1982, 96 Stat. 1305;
Pub. L. 100-687, div. B, title XIV, 1402(b), Nov. 18, 1988, 102 Stat.
4130; Pub. L. 102-54, 14(b)(5), June 13, 1991, 105 Stat. 283;
renumbered 1503 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a),
Aug. 6, 1991, 105 Stat. 404-406.)
Sections 2, 6012(a), and 7703 of the Internal Revenue Code of 1986,
referred to in subsec. (a)(10)(A), are classified to sections 2,
6012(a), and 7703 of Title 26, Internal Revenue Code, respectively.
Prior section 1503 was renumbered section 3103 of this title.
Another prior section 1503, added Pub. L. 89-138, 1, Aug. 26,
1965, 79 Stat. 577; amended Pub. L. 91-24, 8, June 11, 1969, 83
Stat. 34; Pub. L. 94-502, title I, 102, 104(2), (3), Oct. 15, 1976,
90 Stat. 2384, which related to periods of eligibility for vocational
rehabilitation under chapter 31 of this title prior to the general
revision of chapter 31 of this title by Pub. L. 96-466. Section
802(a)(3) of Pub. L. 96-466, set out as an Effective Date note under
section 3100 of this title, provided that this prior section 1503
continue in effect until Mar. 31, 1981.
Another prior section 1503, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1171, was renumbered 1511 by Pub. L. 89-138, 2(4), Aug. 26, 1965, 79
Stat. 578.
1991 -- Pub. L. 102-83, 5(a), renumbered section 503 of this title
as this section.
Subsec. (a)(5). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Subsec. (a)(8). Pub. L. 102-54, 14(b)(5)(A), substituted ''percent''
for ''per centum''.
Subsec. (a)(10)(A). Pub. L. 102-54, 14(b)(5)(B), substituted
''Internal Revenue Code of 1986'' for ''Internal Revenue Code of 1954
(26 U.S.C. 6012(a))'' and ''section 7703'' for ''section 143''.
1988 -- Subsec. (a)(5). Pub. L. 100-687 amended par. (5) generally.
Prior to amendment, par. (5) read as follows: ''proceeds of fire
insurance policies;''.
1982 -- Subsec. (a)(10)(A). Pub. L. 97-295 inserted ''(26 U.S.C.
6012(a))'' after ''Code of 1954''.
1978 -- Subsec. (a)(1). Pub. L. 95-588, 102(a)(1), (2),
redesignated par. (2) as (1) and struck out former par. (1) which
related to payments of six-months death gratuity.
Subsec. (a)(2). Pub. L. 95-588, 102(a)(3), redesignated par. (3) as
(2) and, as so redesignated, struck out '', and chapters 11 and 13
(except section 412(a)) of this title'' after ''chapter''. Former par.
(2) redesignated (1).
Subsec. (a)(3). Pub. L. 95-588, 102(a)(5), redesignated par. (7) as
(3). Former par. (3) redesignated (2).
Subsec. (a)(4). Pub. L. 95-588, 102(a)(4), (6), added par. (4) and
struck out former par. (4) which related to payments under servicemen's
life insurance or servicemen's indemnity.
Subsec. (a)(5). Pub. L. 95-588, 102(a)(4), (7), redesignated par.
(8) as (5) and struck out former par. (5) which related to lump sum
death payments.
Subsec. (a)(6). Pub. L. 95-588, 102(a)(4), (9), redesignated par.
(10) as (6) and struck out former par. (6) which related to the ten per
cent exclusion for individuals under public or private retirement,
annuity, endowment, or similar programs.
Subsec. (a)(7). Pub. L. 95-588, 102(a)(11), redesignated par. (15)
as (7). Former par. (7) redesignated (3).
Subsec. (a)(8). Pub. L. 95-588, 102(a)(13), added par. (8). Former
par. (8) redesignated (5).
Subsec. (a)(9). Pub. L. 95-588, 102(a)(8), (13), added par. (9) and
struck out former par. (9) which related to payments for final illness
and burial.
Subsec. (a)(10). Pub. L. 95-588, 102(a)(13), added par. (10).
Former subsec. (10) redesignated (6).
Subsec. (a)(11) to (14). Pub. L. 95-588, 102(a)(10), struck out
pars. (11) to (14) which related to payments for discharge of jury
duty, educational assistance allowances, bonuses based on service in the
Armed Forces, and indebtednesses secured by mortgages, respectively.
Subsec. (a)(15). Pub. L. 95-588, 102(a)(11), redesignated par. (15)
as (7).
Subsec. (a)(16), (17). Pub. L. 95-588, 102(a)(12), struck out pars.
(16) and (17) which related to payments received by retired persons and
payments of annuities, respectively.
Subsec. (c). Pub. L. 95-588, 102(b), struck out former subsec. (c)
which related to the power of the Administrator to exclude from income
amounts paid by a veteran, surviving spouse, or child for unusual
medical expenses.
1975 -- Subsec. (a)(7). Pub. L. 94-169, 106(3), (4), substituted
''spouse'' for ''wife'', ''such veteran's'' for ''his'' and ''surviving
spouse'' for ''widow'' in introductory clause and ''such veteran's'' for
''his'' in subcls. (A), (B) and (C).
Subsec. (a)(9). Pub. L. 94-169, 106(5), substituted ''such
veteran's'' for ''his'' in subcl. (A) and ''surviving spouse'' and
''spouse'' for ''widow'' and ''wife'', respectively, in subcl. (B).
Subsec. (a)(14). Pub. L. 94-169, 106(6), substituted ''such
veteran's surviving spouse'' for ''his widow''.
Subsec. (a)(16). Pub. L. 94-169, 101(2)(A), 106(7), inserted
''and'' after ''as amended;'', and substituted ''such employee's'' for
''his'', respectively.
Subsec. (c). Pub. L. 94-169, 106(8), substituted ''surviving
spouse'' for ''widow''.
1972 -- Par. (17). Pub. L. 92-425 substituted ''subchapter I of
chapter 73 of title 10'' for ''chapter 73 of title 10''.
1971 -- Pub. L. 92-198 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
1970 -- Par. (4). Pub. L. 91-588, 7(1), inserted reference to
servicemen's group life insurance.
Pars. (14) to (17). Pub. L. 91-588, 7(3), added pars. (14) to
(17).
1967 -- Par. (7). Pub. L. 90-77, 103(a), provided for exclusion of
amounts paid by a wife of a veteran for the expenses of his past
illness.
Par. (9). Pub. L. 90-77, 103(b), designated existing provisions as
subpar. (A) and added subpar. (B).
1964 -- Par. (6). Pub. L. 88-664, 1(a), inserted ''10 per centum of
the amount of'' before ''payments'' and struck out ''equal to his
contributions thereto'' after ''programs''.
Pars. (9) to (13). Pub. L. 88-664, 1(b), added pars. (9) to (13).
1961 -- Pub. L. 87-268 substituted ''section 412(a)'' for ''section
412''.
1959 -- Pub. L. 86-211 among other changes, required the inclusion
of all payments of any kind or from any source (including salary,
retirement or annuity payments, or similar income, which has been
waived), and permitted the exclusion of donations from public or private
relief or welfare organizations, payments under policies of United
States Government life insurance or National Service Life Insurance, and
payments of servicemen's indemnity, lump sum death payments, payments to
an individual under public or private retirement, annuity, endowment, or
similar plans or programs equal to his contributions thereto, amounts
equal to amounts paid by a widow or child for the veteran's just debts,
expenses of his last illness, and expenses of his burial to the extent
such expenses are not reimbursed under chapter 23 of this title, and
proceeds of life insurance policies.
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401
of Pub. L. 95-588, set out as a note under section 101 of this title.
Sections 101 and 106 of Pub. L. 94-169 provided that the amendments
made by those sections are effective Jan. 1, 1976.
Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6
of Pub. L. 92-198, set out as a note under section 1521 of this title.
Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section
10(a) of Pub. L. 91-588, set out as a note under section 1521 of this
title.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
Section 11 of Pub. L. 88-664 provided that:
''(a) Except as otherwise provided herein, this Act (amending this
section and sections 502, 506, 521, 541, 542, 612, and 3104 (now 1502,
1506, 1521, 1541, 1542, 1712, and 5304) of this title and enacting
provisions set out as a note under section 1521 of this title) shall
take effect on January 1, 1965.
''(b) The amendment to paragraph (6) of section 503 (now 1503), title
38, United States Code, shall not apply to any individual receiving
pension on December 31, 1964, under chapter 15 of said title, or
subsequently determined entitled to such pension for said day, until his
contributions have been recouped under the provision of that paragraph
in effect on December 31, 1964.''
Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3
of Pub. L. 87-268, set out as a note under section 1312 of this title.
Amendment by Pub. L. 86-211 effective July 1, 1960, see section 10
of Pub. L. 86-211, set out as an Effective Date note under section 1506
of this title.
38 USC 1504. Persons heretofore having a pensionable status
TITLE 38 -- VETERANS' BENEFITS
The pension benefits of subchapters II and III of this chapter shall,
notwithstanding the service requirements of such subchapters, be granted
to persons heretofore recognized by law as having a pensionable status.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, 504; renumbered
1504, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
Prior section 1504 was renumbered section 3104 of this title.
Another prior section 1504, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1172; Pub. L. 89-137, 1(a), Aug. 26, 1965, 79 Stat. 576; Pub. L.
90-431, July 26, 1968, 82 Stat. 447; Pub. L. 91-219, title I, 101,
Mar. 26, 1970, 84 Stat. 76; Pub. L. 92-540, title I, 101(2), Oct.
24, 1972, 86 Stat. 1074; Pub. L. 93-508, title I, 101(3), Dec. 3,
1974, 88 Stat. 1579; Pub. L. 93-602, title II, 202, Jan. 2, 1975, 88
Stat. 1958; Pub. L. 94-502, title I, 101, 104(4), Oct. 15, 1976, 90
Stat. 2383, 2384; Pub. L. 95-202, title I, 101, Nov. 23, 1977, 91
Stat. 1433, which related to subsistence allowances to be paid veterans
while pursuing a course of vocational rehabilitation training under
chapter 31 of this title, was repealed, effective Oct. 1, 1980, by Pub.
L. 96-466, title VIII, 802(a)(4), Oct. 17, 1980, 94 Stat. 2218. See
section 3108 of this title.
1991 -- Pub. L. 102-83 renumbered section 504 of this title as this
section.
38 USC 1505. Payment of pension during confinement in penal
institutions
TITLE 38 -- VETERANS' BENEFITS
(a) No pension under public or private laws administered by the
Secretary shall be paid to or for an individual who has been imprisoned
in a Federal, State, or local penal institution as a result of
conviction of a felony or misdemeanor for any part of the period
beginning sixty-one days after such individual's imprisonment begins and
ending when such individual's imprisonment ends.
(b) Where any veteran is disqualified for pension for any period
solely by reason of subsection (a) of this section, the Secretary may
apportion and pay to such veteran's spouse or children the pension which
such veteran would receive for that period but for this section.
(c) Where any surviving spouse or child of a veteran is disqualified
for pension for any period solely by reason of subsection (a) of this
section, the Secretary may (1) if the surviving spouse is so
disqualified, pay to the child, or children, the pension which would be
payable if there were no such surviving spouse or (2) if a child is so
disqualified, pay to the surviving spouse or other children, as
applicable, the pension which would be payable if there were no such
child.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, 505; Pub. L.
94-169, title I, 106(9)-(11), Dec. 23, 1975, 89 Stat. 1017; renumbered
1505 and amended Pub. L. 102-83, 4(a)(1), (b)(1), (2)(E), 5(a), Aug.
6, 1991, 105 Stat. 403-406.)
Prior section 1505 was renumbered section 3105 of this title.
Another prior section 1505, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1172; Pub. L. 94-502, title I, 104(5), Oct. 15, 1976, 90 Stat.
2384, which related to leaves of absence to veterans pursuing a course
of vocational rehabilitation training under chapter 31 of this title
prior to the general revision of chapter 31 of this title by Pub. L.
96-466. Section 802(a)(3) of Pub. L. 96-466, set out as an Effective
Date note under section 3100 of this title, provided that this prior
section 1505 continue in effect until Mar. 31, 1981. See section 3110
of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 505 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(a)(1), substituted ''administered by
the Secretary'' for ''administered by the Veterans' Administration''.
Subsecs. (b), (c). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1975 -- Subsec. (a). Pub. L. 94-169, 106(9), substituted ''such
individual's'' for ''his'' wherever appearing.
Subsec. (b). Pub. L. 94-169, 106(10), substituted ''such veteran's
spouse'' for ''his wife''.
Subsec. (c). Pub. L. 94-169, 106(11), substituted ''surviving
spouse'' for ''widow'' wherever appearing.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
38 USC 1506. Resource reports and overpayment adjustments
TITLE 38 -- VETERANS' BENEFITS
As a condition of granting or continuing pension under section 1521,
1541, or 1542 of this title, the Secretary --
(1) may require from any person who is an applicant for or a
recipient of pension such information, proofs, and evidence as the
Secretary determines to be necessary in order to determine the annual
income and the value of the corpus of the estate of such person, and of
any spouse or child for whom the person is receiving or is to receive
increased pension (such a child is hereinafter in this subsection
referred to as a ''dependent child''), and, in the case of a child
applying for or in receipt of pension under section 1542 of this title
(hereinafter in this subsection referred to as a ''surviving child''),
of any person with whom such child is residing who is legally
responsible for such child's support;
(2) shall require that any such applicant or recipient file each year
with the Department (on such form as may be prescribed for such purpose
by the Secretary) a report showing --
(A) the annual income which such applicant or recipient (and any such
spouse or dependent child) received during the preceding year, the
corpus of the estate of such applicant or recipient (and of any such
spouse or dependent child) at the end of such year, and in the case of a
surviving child, the income and corpus of the estate of any person with
whom such child is residing who is legally responsible for such child's
support;
(B) such applicant's or recipient's estimate for the then current
year of the annual income such applicant or recipient (and any such
spouse or dependent child) expects to receive and of any expected
increase in the value of the corpus of the estate of such applicant or
recipient (and for any such spouse or dependent child); and
(C) in the case of a surviving child, an estimate for the then
current year of the annual income of any person with whom such child is
residing who is legally responsible for such child's support and of any
expected increase in the value of the corpus of the estate of such
person;
(3) shall require that any such applicant or recipient promptly file
a revised report whenever there is a material change in the estimated
annual income of such applicant or recipient (or of any such spouse or
dependent child) or a material change in such applicant's or recipient's
estimate of the value of the corpus of the estate of such applicant or
recipient (or of any such spouse or dependent child), and in the case of
a surviving child, a material change in the estimated annual income or
value of the corpus of the estate of any person with whom such child is
residing who is legally responsible for such child's support; and
(4) shall require that any such applicant or recipient applying for
or in receipt of increased pension on account of a person who is a
spouse or child of such applicant or recipient promptly notify the
Secretary if such person ceases to meet the applicable definition of
spouse or child.
(Added Pub. L. 86-211, 2(b), Aug. 29, 1959, 73 Stat. 432, 506;
amended Pub. L. 88-664, 2, Oct. 13, 1964, 78 Stat. 1094; Pub. L.
91-588, 6, Dec. 24, 1970, 84 Stat. 1584; Pub. L. 94-169, title I,
106(12)-(14), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95-588, title I,
103, Nov. 4, 1978, 92 Stat. 2498; Pub. L. 96-466, title VI, 605(c)(2),
Oct. 17, 1980, 94 Stat. 2211; renumbered 1506 and amended Pub. L.
102-83, 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105
Stat. 404-406.)
Prior section 1506 was renumbered section 3106 of this title.
Another prior section 1506, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1173, which authorized the Administrator to furnish veterans receiving
vocational rehabilitation such medical care, treatment, hospitalization,
and prosthesis as were necessary to accomplish the purposes of chapter
31 of this title prior to the general revision of chapter 31 of this
title by Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96-466, set out
as an Effective Date note under section 3100 of this title, provided
that this prior section 1506 continue in effect until Mar. 31, 1981.
See section 3104 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 506 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1521, 1541, or 1542'' for
''521, 541, or 542'' in introductory provisions and ''1542'' for ''542''
in par. (1).
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in introductory provisions and pars. (1), (2), and
(4).
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in par. (2) introductory provisions.
1980 -- Pub. L. 96-466 struck out ''(a)'' before ''As a condition''
and struck out subsec. (b) which provided that in the event of an
overpayment of pension under section 521, 541, or 542 of this title, the
amount thereof be deducted (unless waived) from any future payments made
thereunder to the person concerned.
1978 -- Subsec. (a). Pub. L. 95-588 inserted provision authorizing
the Administrator to consider the income of a spouse or child prior to
granting a pension in par. (1), struck out exclusion from filing report
for a child or person of 72 years of age or more who has been paid a
pension for two consecutive years in par. (2), required changes in
income of spouse or dependent child be included in the necessary revised
income report in par. (3), and added par. (4).
1975 -- Subsec. (a). Pub. L. 94-169 substituted ''the
Administrator'' for ''he'' in par. (1), ''the Administrator'' for
''him'', ''such person'' for ''he'' and ''such person's'' for ''his''
wherever appearing, in par. (2), and ''such person's'' for ''his''
wherever appearing, in par. (3).
1970 -- Subsec. (a)(2). Pub. L. 91-588 exempted from filing
requirements of this section any person who has attained 72 years of age
and has been paid a pension under sections 521, 541, or 542 of this
title during two consecutive calendar years.
1964 -- Subsec. (a)(2). Pub. L. 88-664 inserted '', other than a
child,'' after ''person''.
Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as
otherwise specifically provided, see section 802(f) of Pub. L. 96-466,
set out as a note under section 5314 of this title.
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401
of Pub. L. 95-588, set out as a note under section 101 of this title.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
Amendment by Pub. L. 91-588 effective Jan. 1, 1972, see section
10(b) of Pub. L. 91-588, set out as a note under section 1521 of this
title.
Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section 11
of Pub. L. 88-664, set out as a note under section 1503 of this title.
Section 10 of Pub. L. 86-211 provided that: ''This Act (see Tables
for classification) shall take effect on July 1, 1960.''
38 USC 1507. Disappearance
TITLE 38 -- VETERANS' BENEFITS
Where a veteran receiving pension under subchapter II of this chapter
disappears, the Secretary may pay the pension otherwise payable to such
veteran's spouse and children. In applying the provisions of this
section, the Secretary may presume, without reports pursuant to section
1506(a) of this title, that the status of the veteran at the time of
disappearance, with respect to permanent and total disability, income,
and net worth, continues unchanged. Payments made to a spouse or child
under this section shall not exceed the amount to which each would be
entitled if the veteran died of a non-service-connected disability.
(Added Pub. L. 89-467, 1(a), June 22, 1966, 80 Stat. 218, 507;
amended Pub. L. 94-169, title I, 106(15), Dec. 23, 1975, 89 Stat.
1017; renumbered 1507 and amended Pub. L. 102-83, 4(b)(1), (2)(E),
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
Prior section 1507 was renumbered section 3107 of this title.
Another prior section 1507, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1173; Pub. L. 92-540, title I, 101(3), Oct. 24, 1972, 86 Stat.
1074; Pub. L. 94-502, title I, 104(6), Oct. 15, 1976, 90 Stat. 2384,
which related to loans to trainees commencing or undertaking courses of
vocational rehabilitation under chapter 31 of this title, was repealed,
effective Oct. 1, 1980, by Pub. L. 96-466, title VIII, 802(a)(4),
Oct. 17, 1980, 94 Stat. 2218. See section 3112 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 507 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1506(a)'' for ''506(a)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in two places.
1975 -- Pub. L. 94-169 struck out ''in his discretion'' after
''Administrator'' and substituted ''payable to such veteran's spouse''
for ''payable to his wife,'' and ''made to a spouse'' for ''made to a
wife''.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
38 USC 1508. Frequency of payment of pension benefits
TITLE 38 -- VETERANS' BENEFITS
(a) Except as provided under subsection (b) of this section, benefits
under sections 1521, 1541, and 1542 of this title shall be paid monthly.
(b) Under regulations which the Secretary shall prescribe, benefits
under sections 1521, 1541, and 1542 of this title may be paid less
frequently than monthly if the amount of the annual benefit is less than
4 percent of the maximum annual rate payable to a veteran under section
1521(b) of this title.
(Added Pub. L. 95-588, title I, 104(a), Nov. 4, 1978, 92 Stat.
2499, 508; amended Pub. L. 102-54, 14(b)(6), June 13, 1991, 105 Stat.
283; renumbered 1508 and amended Pub. L. 102-83, 4(b)(1), (2)(E),
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
Prior section 1508 was renumbered section 3108 of this title.
Another prior section 1508, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1173; Pub. L. 94-502, title I, 104(7), Oct. 15, 1976, 90 Stat.
2384, which authorized the Administrator to prescribe rules and
regulations to promote good conduct and cooperation on the part of
veterans receiving vocational rehabilitation under chapter 31 of this
title prior to the general revision of chapter 31 of this title by Pub.
L. 96-466. Section 802(a)(3) of Pub. L. 96-466, set out as an Effective
Date note under section 3100 of this title, provided that this prior
section 1508 continue in effect until Mar. 31, 1981. See section 3111
of this title.
Prior section 1509 was renumbered section 3109 of this title.
Another prior section 1509, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1173; Pub. L. 94-502, title I, 104(8), (9), Oct. 15, 1976, 90 Stat.
2384, which related to books, supplies, and equipment furnished a
veteran under chapter 31 of this title prior to the general revision of
chapter 31 of this title by Pub. L. 96-466. Section 802(a)(3) of Pub.
L. 96-466, set out as an Effective Date note under section 3100 of this
title, provided that this prior section 1509 continue in effect until
Mar. 31, 1981.
Prior section 1510 was renumbered section 3110 of this title.
Another prior section 1510, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1173; Pub. L. 94-502, title I, 104(10), Oct. 15, 1976, 90 Stat.
2384, which related to vocational rehabilitation of persons hospitalized
pending final discharge from the active military, naval, or air service
prior to the general revision of chapter 31 of this title by Pub. L.
96-466. Section 802(a)(3) of Pub. L. 96-466, set out as an Effective
Date note under section 3100 of chapter 31 of this title, provided that
this prior section 1510 continue in effect until Mar. 31, 1981. See
section 3113 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 508 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1521, 1541, and
1542'' for ''521, 541, and 542''.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''1521, 1541, and
1542'' for ''521, 541, and 542'' and ''1521(b)'' for ''521(b)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Pub. L. 102-54 substituted ''percent'' for ''per centum''.
Section effective Jan. 1, 1979, see section 401 of Pub. L. 95-588,
set out as an Effective Date of 1978 Amendment note under section 101 of
this title.
38 USC SUBCHAPTER II -- VETERANS' PENSIONS
TITLE 38 -- VETERANS' BENEFITS
38 USC Service Pension
TITLE 38 -- VETERANS' BENEFITS
38 USC ( 1510. Vacant)
TITLE 38 -- VETERANS' BENEFITS
Prior to renumbering of sections 501 to 543 of this chapter as
sections 1501 to 1543 by Pub. L. 102-83, 5(a), Aug. 6, 1991, 105
Stat. 406, section 510 of this chapter, Pub. L. 85-857, Sept. 2,
1958, 72 Stat. 1135, which provided monthly pension for persons who
served in military or naval forces of Confederate States of America, was
repealed by Pub. L. 94-169, title I, 101(2)(F), Dec. 23, 1975, 89
Stat. 1014, effective Jan. 1, 1976.
38 USC 1511. Indian War veterans
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall pay to each veteran of the Indian Wars who
meets the service requirements of this section a pension at the
following monthly rate:
(1) $101.59; or
(2) $135.45 if the veteran is in need of regular aid and attendance.
(b) A veteran meets the service requirements of this section if such
veteran served in one of the Indian Wars --
(1) for thirty days or more; or
(2) for the duration of such Indian War;
in any military organization, whether or not such service was the
result of regular muster into the service of the United States, if such
service was under the authority or by the approval of the United States
or any State.
(c)(1) Any veteran eligible for pension under this section shall, if
such veteran so elects, be paid pension at the rates prescribed by
section 1521 of this title, and under the conditions (other than the
service requirements) applicable to pension paid under that section to
veterans of World War I. If pension is paid pursuant to such an
election, the election shall be irrevocable, except as provided in
paragraph (2).
(2) The Secretary shall pay each month to each veteran of the Indian
Wars who is receiving, or entitled to receive, pension based on a need
of regular aid and attendance, whichever amount is greater (A) that
provided by paragraph (2) of subsection (a) of this section, or (B) that
which is payable to the veteran under section 1521 of this title if such
veteran has elected, or would be payable if such veteran were to elect,
to receive pension under such section pursuant to paragraph (1) of this
subsection. Each change in the amount of pension payment required by
this paragraph shall be effective as of the first day of the month
during which the facts of the particular case warrant such change, and
shall be made without specific application therefor.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1135, 511; Pub. L.
86-670, 1, July 14, 1960, 74 Stat. 545; Pub. L. 90-77, title I,
111(a), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94-169, title I, 106(16),
Dec. 23, 1975, 89 Stat. 1017; renumbered 1511 and amended Pub. L.
102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406.)
Prior section 1511 was renumbered section 3111 of this title.
Another prior section 1511, Pub. L. 85-857, Sept. 2,1958, 72 Stat.
1171, 1503, renumbered Pub. L. 89-138, 2(4), Aug. 26, 1965, 79 Stat.
578, and amended Pub. L. 94-502, title , 103, 104(11), Oct. 15,
1976, 90 Stat. 2384, which related to training and training facilities
under chapter 31 of this title prior to the general revision of chapter
31 of this title by Pub. L. 96-466. Section 802(a)(3) of Pub. L.
96-466, set out as an Effective Date note under section 3100 of this
title, provided that this prior section 1511 continue in effect until
Mar. 31, 1981. See section 3115 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 511 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in introductory provisions.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''1521'' for
''521'' in pars. (1) and (2).
Subsec. (c)(2). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1975 -- Subsecs. (b), (c). Pub. L. 94-169 substituted ''such
veteran'' for ''he'' wherever appearing.
1967 -- Subsec. (c). Pub. L. 90-77 designated existing provisions as
par. (1), inserted ''except as provided in paragraph (2)'', and added
par. (2).
1960 -- Subsec. (c). Pub. L. 86-670 added subsec. (c).
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
Section 3 of Pub. L. 86-670 provided that: ''This Act (amending
this section and section 512 (now 1512) of this title) shall take effect
on the first day of the second calendar month which begins after the
date of enactment of this Act (July 14, 1960).''
38 USC 1512. Spanish-American War veterans
TITLE 38 -- VETERANS' BENEFITS
(a)(1) The Secretary shall pay to each veteran of the
Spanish-American War who meets the service requirements of this
subsection a pension at the following monthly rate:
(A) $101.59; or
(B) $135.45 if the veteran is in need of regular aid and attendance.
(2) A veteran meets the service requirements of this subsection if
such veteran served in the active military or naval service --
(A) for ninety days or more during the Spanish-American War;
(B) during the Spanish-American War and was discharged or released
from such service for a service-connected disability; or
(C) for a period of ninety consecutive days or more and such period
began or ended during the Spanish-American War.
(3)(A) Any veteran eligible for pension under this subsection shall,
if such veteran so elects, be paid pension at the rates prescribed by
section 1521 of this title (except the rate provided under subsection
(g) of such section), and under the conditions (other than the service
requirements) applicable to pension paid under that section to veterans
of a period of war. If pension is paid pursuant to such an election,
the election shall be irrevocable.
(B) The Secretary shall pay each month to each Spanish-American War
veteran who is receiving, or entitled to receive, pension based on a
need of regular aid and attendance, whichever amount is greater (i) that
provided by subparagraph (B) of subsection (a)(1) of this section, or
(ii) that which is payable to the veteran under section 1521 of this
title as in effect on December 31, 1978, under regulations which the
Secretary shall prescribe. Each change in the amount of pension payment
required by this subparagraph shall be effective as of the first day of
the month during which the facts of the particular case warrant such
change, and shall be made without specific application therefor.
(b)(1) The Secretary shall pay to each veteran of the
Spanish-American War who does not meet the service requirements of
subsection (a), but who meets the service requirements of this
subsection, a pension at the following monthly rate:
(A) $67.73; or
(B) $88.04 if the veteran is in need of regular aid and attendance.
(2) A veteran meets the service requirements of this subsection if
such veteran served in the active military or naval service --
(A) for seventy days or more during the Spanish-American War; or
(B) for a period of seventy consecutive days or more and such period
began or ended during the Spanish-American War.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1135, 512; Pub. L.
86-670, 2, July 14, 1960, 74 Stat. 545; Pub. L. 90-77, title I,
111(b), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94-169, title I, 106(17),
Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95-588, title I, 105, Nov. 4,
1978, 92 Stat. 2500; renumbered 1512 and amended Pub. L. 102-83,
4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
Prior sections 1512 to 1520 were renumbered sections 3112 to 3120 of
this title, respectively.
1991 -- Pub. L. 102-83, 5(a), renumbered section 512 of this title
as this section.
Subsec. (a)(1). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in introductory provisions.
Subsec. (a)(3)(A). Pub. L. 102-83, 5(c)(1), substituted ''1521'' for
''521''.
Subsec. (a)(3)(B). Pub. L. 102-83, 5(c)(1), substituted ''1521'' for
''521''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in two places.
Subsec. (b)(1). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in introductory provisions.
1978 -- Subsec. (a)(3)(A). Pub. L. 95-588, 105(1), inserted
''(except the rate provided under subsection (g) of such section)''
after ''of this title'', substituted ''a period of war'' for ''World War
I'', and struck out exception to pension elections formerly provided
pursuant to subpar. (B).
Subsec. (a)(3)(B). Pub. L. 95-588, 105(2), substituted ''as in
effect on December 31, 1978, under regulations which the Administrator
shall prescribe'' for ''if such veteran has elected, or would be payable
if such veteran were to elect, to receive pension under such section
pursuant to subparagraph (A) of this paragraph''.
1975 -- Subsec. (a). Pub. L. 94-169 substituted ''such veteran'' for
''he'' wherever appearing.
Subsec. (b). Pub. L. 94-169 substituted ''such veteran'' for ''he''.
1967 -- Subsec. (a)(3). Pub. L. 90-77 designated existing provisions
as subpar. (A), inserted ''except as provided in subparagraph (B)'',
and added subpar. (B).
1960 -- Subsec. (a)(3). Pub. L. 86-670 added cl. (3).
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401
of Pub. L. 95-588, set out as a note under section 101 of this title.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
Amendment by Pub. L. 86-670 effective first day of second calendar
month which begins after July 14, 1960, see section 3 of Pub. L.
86-670, set out as a note under section 1511 of this title.
38 USC Non-Service-Connected Disability Pension
TITLE 38 -- VETERANS' BENEFITS
38 USC 1521. Veterans of a period of war
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall pay to each veteran of a period of war who
meets the service requirements of this section (as prescribed in
subsection (j) of this section) and who is permanently and totally
disabled from non-service-connected disability not the result of the
veteran's willful misconduct, pension at the rate prescribed by this
section, as increased from time to time under section 5312 of this
title.
(b) If the veteran is unmarried (or married but not living with or
reasonably contributing to the support of such veteran's spouse) and
there is no child of the veteran in the custody of the veteran or to
whose support the veteran is reasonably contributing, and unless the
veteran is entitled to pension at the rate provided by subsection (d)(1)
or (e) of this section, pension shall be paid to the veteran at the
annual rate of $3,550, reduced by the amount of the veteran's annual
income.
(c) If the veteran is married and living with or reasonably
contributing to the support of such veteran's spouse, or if there is a
child of the veteran in the custody of the veteran or to whose support
the veteran is reasonably contributing, pension shall be paid to the
veteran at the annual rate of $4,651, unless the veteran is entitled to
pension at the rate provided by subsection (d)(2), (e), or (f) of this
section. If the veteran has two or more such family members, such
annual rate shall be increased by $600 for each such family member in
excess of one. The rate payable shall be reduced by the amount of the
veteran's annual income and, subject to subsection (h)(1) of this
section, the amount of annual income of such family members.
(d)(1) If the veteran is in need of regular aid and attendance, the
annual rate of pension payable to the veteran under subsection (b) of
this section shall be $5,680, reduced by the amount of the veteran's
annual income.
(2) If the veteran is in need of regular aid and attendance, the
annual rate of pension payable to the veteran under subsection (c) of
this section shall be $6,781. If such veteran has two or more family
members, as described in subsection (c) of this section, the annual rate
of pension shall be increased by $600 for each such family member in
excess of one. The rate payable shall be reduced by the amount of the
veteran's annual income and, subject to subsection (h)(1) of this
section, the amount of annual income of such family members.
(e) If the veteran has a disability rated as permanent and total and
(1) has additional disability or disabilities independently ratable at
60 per centum or more, or (2) by reason of a disability or disabilities,
is permanently housebound but does not qualify for pension at the aid
and attendance rate provided by subsection (d) of this section, the
annual rate of pension payable to the veteran under subsection (b) of
this section shall be $4,340 and the annual rate of pension payable to
the veteran under subsection (c) of this section shall be $5,441. If
such veteran has two or more family members, as described in subsection
(c) of this section, the annual rate of pension shall be increased by
$600 for each such family member in excess of one. The rate payable
shall be reduced by the amount of the veteran's annual income and,
subject to subsection (h)(1) of this section, the annual income of such
family members.
(f)(1) If two veterans are married to one another and each meets the
disability and service requirements prescribed in subsections (a) and
(j), respectively, of this section, the annual rate of pension payable
to such veterans shall be a combined annual rate of $4,651.
(2) If either such veteran is in need of regular aid and attendance,
the annual rate provided by paragraph (1) of this subsection shall be
$6,781. If both such veterans are in need of regular aid and
attendance, such rate shall be $8,911.
(3) If either such veteran would be entitled (if not married to a
veteran) to pension at the rate provided by subsection (e) of this
section, the annual rate provided by paragraph (1) of this subsection
shall be $5,441. If both such veterans would be entitled (if not
married to one another) to such rate, such rate shall be $6,231.
(4) If one such veteran is in need of regular aid and attendance and
the other would be entitled (if not married to a veteran) to the rate
provided for under subsection (e) of this section, the annual rate
provided by paragraph (1) of this subsection shall be $7,571.
(5) The annual rate provided by paragraph (1), (2), (3), or (4) of
this subsection, as appropriate, shall (A) be increased by $600 for each
child of such veterans (or of either such veteran) who is in the custody
of either or both such veterans or to whose support either such veteran
is, or both such veterans are, reasonably contributing, and (B) be
reduced by the amount of the annual income of both such veterans and,
subject to subsection (h)(1) of this section, the annual income of each
such child.
(g) The annual rate of pension payable under subsection (b), (c),
(d), (e), or (f) of this section to any veteran who is a veteran of a
period of war shall be increased by $800 if veterans of such period of
war were not provided educational benefits or home loan benefits similar
to those provided to veterans of later periods of war under chapters 34
and 37, respectively, of this title or under prior corresponding
provisions of law.
(h) For the purposes of this section:
(1) In determining the annual income of a veteran, if there is a
child of the veteran who is in the custody of the veteran or to whose
support the veteran is reasonably contributing, that portion of the
annual income of the child that is reasonably available to or for the
veteran shall be considered to be income of the veteran, unless in the
judgment of the Secretary to do so would work a hardship on the veteran.
(2) A veteran shall be considered as living with a spouse, even
though they reside apart, unless they are estranged.
(i) If the veteran is entitled under this section to pension on the
basis of such veteran's own service and is also entitled to pension on
the basis of any other person's service, the Secretary shall pay such
veteran only the greater benefit.
(j) A veteran meets the service requirements of this section if such
veteran served in the active military, naval, or air service --
(1) for ninety days or more during a period of war;
(2) during a period of war and was discharged or released from such
service for a service-connected disability;
(3) for a period of ninety consecutive days or more and such period
began or ended during a period of war; or
(4) for an aggregate of ninety days or more in two or more separate
periods of service during more than one period of war.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1136, 521; Pub. L.
86-211, 3(a), Aug. 29, 1959, 73 Stat. 433; Pub. L. 87-101, 1, July
21, 1961, 75 Stat. 218; Pub. L. 88-664, 3(a), (b), 5, 6(a), 7, Oct.
13, 1964, 78 Stat. 1094, 1095; Pub. L. 90-77, title I, 104, title II,
202(a)-(c), Aug. 31, 1967, 81 Stat. 179, 182; Pub. L. 90-275, 1(a),
(b), Mar. 28, 1968, 82 Stat. 64, 65; Pub. L. 91-588, 1(a), (b), 3(b),
9(c), Dec. 24, 1970, 84 Stat. 1580, 1583, 1584; Pub. L. 92-198,
1(a), (b), 5(b), Dec. 15, 1971, 85 Stat. 663, 664; Pub. L. 93-177,
1(a), (b), Dec. 6, 1973, 87 Stat. 694; Pub. L. 93-527, 2, Dec. 21,
1974, 88 Stat. 1702; Pub. L. 94-169, title I, 102, 106(18), Dec. 23,
1975, 89 Stat. 1014, 1018; Pub. L. 94-432, title II, 202, Sept. 30,
1976, 90 Stat. 1369; Pub. L. 95-204, title I, 101, Dec. 2, 1977, 91
Stat. 1455; Pub. L. 95-588, title I, 106(a), Nov. 4, 1978, 92 Stat.
2500; Pub. L. 102-40, title IV, 402(d)(1), May 7, 1991, 105 Stat. 239;
renumbered 1521 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a),
Aug. 6, 1991, 105 Stat. 404-406.)
Prior section 1521 was renumbered section 3121 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 521 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Pub. L. 102-40 substituted ''5312'' for ''3112''.
Subsecs. (h)(1), (i). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1978 -- Subsec. (a). Pub. L. 95-588 revised pension eligibility
requirements to speak in terms of a veteran of any period of war rather
than veterans of specifically named wars and inserted reference to
periodic pension increases pursuant to section 3112 of this title.
Subsec. (b). Pub. L. 95-588 qualified parental requirement of this
subsection by inserting custody provision, substituted a fixed pension
amount of $3,550 for a formula for determining such annual pension based
upon the annual income of the veteran, and struck out monthly minimum
and maximum pension payments.
Subsec. (c). Pub. L. 95-588 qualified parental requirement of this
subsection by inserting custody provision, substituted a fixed pension
amount of $4,651 for a formula for determining such annual pension based
upon annual income of the veteran, and inserted provision authorizing an
annual pension rate increase of $600 for each family member of the
eligible veteran in excess of one.
Subsec. (d). Pub. L. 95-588 substituted $5,680 as annual rate of
pension payable to a veteran in need of regular aid and attendance under
subsec. (b) of this section and $6,781 as such rate payable to such
veteran under subsec. (c) of this section for provision authorizing a
rate increase of $165 over and above the rate of pension payable under
the applicable subsection in order to determine the rate payable to
eligible veterans under this section and revised the method of reducing
payments under this section by use of the recipient's annual income.
Subsec. (e). Pub. L. 95-588 substituted $4,340 as annual rate of
pension payable under subsec. (b) of this section for veterans eligible
as recipients under this section and $5,441 as such annual rate under
subsec. (c) of this section for provision authorizing rate increases of
$61 per month for eligible veterans over and above the appropriate rate
of pension payment under the applicable subsection, inserted provision
authorizing increases of $600 per year in pension rates for recipients
with eligible family members in excess of one, and provided for an
annual income reduction in the pension rate payable.
Subsec. (f). Pub. L. 95-588 substituted provisions relating to
pension payments to veterans married to each other for provisions
authorizing the inclusion of a spouse's annual income reasonably
available to an eligible veteran in the computation of the annual income
of an eligible veteran.
Subsec. (g). Pub. L. 95-588 substituted provisions authorizing annual
pension payment rate increases of $800 per year for eligible veterans
who served in periods of war which did not entitle them to educational
or home loan benefits similar to those paid veterans of subsequent
periods of war for provisions specifying the eligibility service
requirements of this section.
Subsec. (h). Pub. L. 95-588 substituted provisions authorizing
inclusion of income of a dependent child in custody of recipient veteran
in computing annual income of such veteran and authorizing consideration
of a veteran and his or her spouse as living together, even though they
actually live apart, for provisions authorizing a twenty-five per cent
rate increase in pension payments to a veteran who has attained age
seventy-eight.
Subsecs. (i), (j). Pub. L. 95-588 added subsecs. (i) and (j).
1977 -- Subsec. (b)(1). Pub. L. 95-204, 101(1), increased monthly
rate of pension from $185 to $197, and substituted ''1,100'' for
''1,500'' in two places, ''1,700'' for ''1,800'' in two places, and
''3,770'' for ''3,540''.
Subsec. (b)(3). Pub. L. 95-204, 101(2), substituted ''$3,770'' for
''$3,540''.
Subsec. (c)(1). Pub. L. 95-204, 101(3), increased monthly rates of
pension from $199 to $212, $204 to $217, and $209 to $222, and
substituted ''1,000'' for ''1,100'' in two places, ''2,000'' for
''2,400'' in two places, ''3,000'' for ''3,100'' in two places,
''3,200'' for ''3,500'' in two places, ''3,600'' for ''3,700'' in two
places and ''5,070'' for ''4,760''.
Subsec. (c)(3). Pub. L. 95-204, 101(4), substituted ''$5,070'' for
''$4,760''.
Subsec. (d). Pub. L. 95-204, 101(5), substituted ''$165'' for
''$155'' in pars. (1) and (2).
Subsec. (e). Pub. L. 95-204, 101(6), substituted ''$61'' for
''$57''.
1976 -- Subsec. (b)(1). Pub. L. 94-432, 202(1), increased monthly
rate of pension from $173 to $185 and substituted $700 to $900 for $700
to $1,200, $900 to $1,500 for $1,200 to $1,700, $1,500 to $1,800 for
$1,700 to $2,000, and $1,800 to $3,540 for $2,000 to $3,300.
Subsec. (b)(3). Pub. L. 94-432, 202(2), substituted ''$3,540'' for
''$3,300''.
Subsec. (c)(1). Pub. L. 94-432, 202(3), increased monthly rate of
pension by $13 from $186 to $199, from $191 to $204, and from $196 to
$209, of a veteran with 1, 2, and 3 dependents, substituting ''he or
she'' for ''such veteran'' in three places, substituted $700 to $1100
for $700 to $1,300, $1,100 to $2,400 for $1,300 to $2,800, $2,400 to
$3,100 for $2,800 to $3,200, $3,100 to $3,500 for $3,200 to $3,800, and
$3,700 to $4,760 for $3,800 to $4,500, and inserted ''.07'' ranging from
$3,500 to $3,700.
Subsec. (c)(3). Pub. L. 94-432, 202(4), substituted ''$4,760'' for
''$4,500''.
Subsec. (d). Pub. L. 94-432, 202(5), designated existing provisions
as par. (1), substituted ''$155'' for ''$133'' and added par. (2).
Subsec. (e). Pub. L. 94-432, 202(6), substituted ''$57'' for
''$53''.
Subsec. (h). Pub. L. 94-432, 202(7), added subsec. (h).
1975 -- Subsec. (b). Pub. L. 94-169, 102(1), increased, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, monthly
rate of pension from $160 to $173, substituted $500 to $700 for $500 to
$900, $700 to $1200 for $900 to $1500, $1200 to $1700 for $1500 to
$1900, $1700 to $2000 for $1900 to $2300, $2000 to $3300 for $2300 to
$3000 the minimum and maximum income ranges for which the pension rate
will be reduced by 4, 5, 6, 7 and 8 cents per dollar, respectively, and
increased from $3000 to $3300 the maximum income in excess of which no
pension shall be paid.
Subsec. (c). Pub. L. 94-169, 102(1), increased, effective for period
beginning Jan. 1, 1976, and ending Sept. 30, 1976, from $172 to $186,
from $177 to $191 and from $182 to $196 the rate of pension of a veteran
with 1, 2 and 3 dependents, respectively, substituted $700 to $1300 for
$700 to $1800, $1300 to $2800 for $1800 to $3000, $2800 to $3200 for
$3000 to $3500, $3200 to $3800 for $3500 to $3800, and $3800 to $4500
for $4000 to $4200 the minimum and maximum income ranges for which the
pension rate will be reduced by 3, 4, 5, 6 and 8 cents per dollar,
respectively, struck out the income range of $3800 to $4000 for which
the reduction rate is 7 cents per dollar, increased from $4200 to $4500
the income in excess of which no pension shall be paid, and inserted
provision that in no case may the amount of pension be less than $5
monthly.
Subsec. (d). Pub. L. 94-169, 102(2), substituted, effective for
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, ''such
veteran'' for ''him'' and ''$133'' for ''$123''.
Subsec. (e). Pub. L. 94-169, 102(3), substituted, effective for
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, ''such
veteran's'' for ''his'', ''such veteran'' for ''him'' and ''$53'' for
''$49''.
Subsec. (g). Pub. L. 94-169, 106(18), substituted ''such veteran''
for ''he''.
1974 -- Subsec. (b). Pub. L. 93-527, 2(1), substituted ''$160'' for
''$143'', ''$500'' for ''$800'' wherever appearing, ''$900'' for
''$1300'' wherever appearing, ''$1500'' for ''$1600'' wherever
appearing, ''$1900'' for ''$2200'' wherever appearing, ''$2300'' for
''$2500'' wherever appearing, and ''$3000'' for ''$2600'' wherever
appearing, and inserted provision that in no event should monthly rate
of pension be less than $5.00.
Subsec. (c). Pub. L. 93-527, 2(2), substituted ''$172'' for
''$154'', ''$177'' for ''$159'', ''$182'' for ''$164'', ''$700'' for
''$800'' wherever appearing, ''$1800'' for ''$2600'' wherever appearing,
''$3000'' for ''$3200'' wherever appearing, ''$3500'' for ''$3700''
wherever appearing, and inserted provisions for the reduction by 7 cents
for each dollar of annual income in excess of $3800 up to and including
$4000, and reduction by 8 cents for each dollar of annual income in
excess of $4000 up to and including $4200, and raised maximum income
from $3800 to $4200.
Subsec. (d). Pub. L. 93-527, 2(3), substituted ''$123'' for
''$110''.
Subsec. (e). Pub. L. 93-527, 2(4), substituted ''$49'' for ''$44''
1973 -- Subsec. (b). Pub. L. 93-177, 1(a), substituted ''$143'' for
''$130'', ''$800'' for ''$1,000'', ''$1,300'' for ''$1,500'', ''$1,600''
for ''$1,800'', and ''$2,500'' for ''$2,600'' in existing provisions and
inserted provision for a reduction of 8 cents in monthly rate for each
$1 of annual income in excess of $2,500 up to and including $2,600.
Subsec. (c). Pub. L. 93-177, 1(b), substituted ''$154'' for
''$140'', ''$159'' for ''$145'', ''$164'' for ''$150'', ''$800'' for
''$900'', ''$2,600'' for ''$3,200'', and ''$3,700'' for ''$3,800'' in
existing provisions and inserted provisions for a reduction of 4 cents
in monthly rate for each $1 of annual income in excess of $2,600 up to
and including $3,200 and for a reduction of 6 cents in monthly rate for
each $1 of annual income in excess of $3,700 up to and including $3,800.
1971 -- Subsec. (b). Pub. L. 92-198, 1(a), substituted formula for
computing monthly pension rates of single veteran providing for a
maximum monthly pension for each group within designated income category
and for computing each individual's monthly benefit rate by reducing the
maximum rate by a specified number of cents for each dollar by which the
minimum income limitation for that group is exceeded, for table setting
out the income and pension rates, and raised the maximum income from
$2300 to $2600.
Subsec. (c). Pub. L. 92-198, 1(b), substituted formula for computing
monthly pension rates of veteran with dependents by providing for
maximum monthly pension for each group within designated income category
depending on the number of dependents and for computing each
individual's monthly benefit rate by reducing the maximum rate by a
specified number of cents for each dollar by which the minimum income
limitation for that group is exceeded, for table setting out the income
and pension rates, and raised the maximum income limit from $3500 to
$3800.
Subsec. (g)(3). Pub. L. 92-198, 5(b), inserted reference to Mexican
border period.
1970 -- Pub. L. 91-588, 9(c)(3), inserted reference to Mexican
border period in section catchline.
Subsec. (a). Pub. L. 91-588, 9(c)(1), inserted reference to Mexican
border period.
Subsec. (b). Pub. L. 91-588, 1(a), provided new annual income limits
to measure monthly pension rates of single veteran by adding minimum
income limits of $2,000, $2,100 and $2,200 with maximum limits of
$2,100, $2,200 and $2,300 for monthly benefits of $45, $37 and $29,
respectively, and within existing annual income limits from a maximum of
$300 to a maximum of $2,000, as well as the in-between limits set out in
one-hundred dollar increments, the applicable monthly benefit for each
limit was amended, respectively by substituting in column II ''121'' for
''$110'', ''119'' for ''108'', ''117'' for ''106'', ''115'' for ''104'',
''112'' for ''100'', ''108'' for ''96'', ''104'' for ''92'', ''100'' for
''88'', ''96'' for ''84'', ''92'' for ''79'', ''88'' for ''75'', ''84''
for ''69'' ''79'' for ''63'' ''75'' for ''57'', ''69'' for ''51'',
''63'' for ''45'', ''57'' for ''37'', and ''51'' for ''29''.
Subsec. (c). Pub. L. 91-588, 1(b), provided new annual income limits
to measure monthly pension rates of veteran with dependents by adding
minimum income limits of $3,200, $3,300, and $3,400 with maximum limits
of $3,300, $3,400, and $3,500 for monthly benefits of $50, and within
existing annual income limits from a maximum of $500 to a maximum of
$3,200, as well as in-between limits set out in one-hundred dollar
increments, the applicable monthly benefits for each limit was amended,
respectively, by substituting in column II (one dependent) ''$132'' for
''$120'', ''130'' for ''118'', ''128'' for ''116'', ''126'' for ''114'',
''124'' for ''112'', ''122'' for ''109'', in column III (two dependents)
''$137'' for ''$125'', ''135'' for ''123, ''133'' for ''121'', ''131''
for ''119'', ''129'' for ''117'', ''127'' for ''114'', in column IV
(three or more dependents) ''$142'' for ''$130'', ''140'' for ''128'',
''138'' for ''126'', ''136'' for ''124'', ''134'' for ''122'', ''132''
for ''119'', and in columns II, III, and IV (for any number of
dependents) ''119'' for ''107'', ''116'' for ''105'', ''113'' for
''103'', ''110'' for ''101'', ''107'' for ''99'', ''104'' for ''96'',
''101'' for ''93'' ''99'' for ''90'', ''96'' for ''87'', ''93'' for
''84'', ''90'' for ''81'', ''87'' for ''78'', ''84'' for ''75'', ''81''
for ''72'', ''78'' for ''69'', ''75'' for ''66'', ''72'' for ''62'',
''69'' for ''58'', ''66'' for ''54'', ''62'' for ''50'', ''58'' for
''42'', and ''54'' for ''34''.
Subsec. (d). Pub. L. 91-588, 3(b)(1), substituted ''$110'' for
''$100''.
Subsec. (e). Pub. L. 91-588, 3(b)(2), substituted ''44'' for
''$40''.
Subsec. (g)(1), (2). Pub. L. 91-588, 9(c)(2), inserted reference to
Mexican border period.
1968 -- Subsec. (b). Pub. L. 90-275, 1(a), in providing new annual
income limits to measure monthly pension rates of single veteran,
substituted minimum income limit of $300 for monthly benefit of $110 for
former $600 limit for monthly benefit of $104, maximum income limit of
$2,000 for monthly benefit of $29 for former $1,800 limit for monthly
benefit of $45, and sixteen other in-between limits in one hundred
dollar increments from more than $300 to less than $1,900 for monthly
benefits of $108-37 for former in-between limit of more than $600 but
less than $1,200 for monthly benefit of $79.
Subsec. (c). Pub. L. 90-275, 1(b), in providing new annual income
limits to measure monthly pension rates of veteran with dependents,
substituted minimum income limit of $500 for monthly benefit of $120
(one dependent), $125 (two dependents), and $130 (three or more
dependents) for former $1,000 limit for monthly benefit of $109 (one
dependent), $114 (two dependents), and $119 (three or more dependents),
maximum income limit of $3,200 for monthly benefit of $34 (for any
number of dependents) for former $3,000 limit for monthly benefit of $50
(for any number of dependents), and twenty-six other in-between limits
in one hundred dollar increments from more than $500 to less than $3,100
for monthly benefits of $118 to 42 (one dependent), $123 to 42 (two
dependents), and $128 to 42 (three or more dependents) for former
in-between limit of more than $1,000 but less than $2,000 for monthly
benefit of $84 (for any number of dependents).
1967 -- Pub. L. 90-77, 202(c), inserted reference to Vietnam era in
section catchline.
Subsec. (a). Pub. L. 90-77, 202(a), inserted reference to Vietnam
era.
Subsec. (b). Pub. L. 90-77, 104(a), increased monthly pension rate
in column II from $100, $75, and $43 to $104, $79,and $45 respectively.
Subsec. (c). Pub. L. 90-77, 104(b), increased monthly pension rate
in column II from $105, $80, and $48 to $109, $84, and $50; column III
from $110, $80, and $48 to $114, $84, and $50; and column IV from $115,
$80, and $48 to $119, $84, and $50, respectively.
Subsec. (e). Pub. L. 90-77, 104(c), substituted ''$40'' for ''$35''.
Subsec. (g). Pub. L. 90-77, 202(b), inserted references to Vietnam
era in pars. (1) to (3).
1964 -- Subsec. (b). Pub. L. 88-664, 3(a), increased monthly
pension rate in column II from $85, $70, and $40 to $100, $75, and $43,
respectively.
Subsec. (c). Pub. L. 88-664, 3(b), increased monthly pension rate in
column II from $90, $75, and $45 to $105, $80, and $48; column III from
$95, $75, and $45 to $110, $80, and $48; and column IV from $100, $75,
and $45 to $115, $80, and $48, respectively.
Subsec. (d). Pub. L. 88-664, 5, increased additional monthly rate of
veterans in need of aid and attendance from $70 to $100.
Subsecs. (e), (f). Pub. L. 88-664, 6(a), 7, added subsec. (e),
redesignated former subsec. (e) as (f) and substituted ''in excess of
whichever is the greater, $1,200 or the total earned income of the
spouse,'' for ''except $1,200 of such income'' in par. (1). Former
subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 88-664, 6(a), redesignated former subsec. (f)
as (g).
1961 -- Subsec. (f)(4). Pub. L. 87-101 added par. (4).
1959 -- Subsec. (a). Pub. L. 86-211, 3(a)(2), struck out provisions
that prescribed amount of monthly pension payable. See subsecs. (b) to
(d) of this section.
Subsecs. (b) to (e). Pub. L. 86-211, 3(a)(3), added subsecs. (b)
to (e). Former subsec. (b) redesignated (f).
Subsec. (f). Pub. L. 86-211, 3(a)(1), redesignated former subsec.
(b) as (f).
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401
of Pub. L. 95-588, set out as a note under section 101 of this title.
Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section 302
of Pub. L. 95-204, set out as a note under section 1122 of this title.
Section 405 of Pub. L. 94-432 provided that:
''(a) The provisions of this Act (see Tables for classification),
other than titles II and III and section 401, shall take effect on the
date of the enactment of this Act (Sept. 30, 1976).
''(b) Titles II and III (see Tables for classification) and section
401 of this Act (amending section 322 (now 1122) of this title) shall
take effect January 1, 1977.''
Section 102 of Pub. L. 94-169, as amended by section 101 of Pub. L.
94-432, eff. Sept. 30, 1976, provided that the amendment made by that
section is effective Jan. 1, 1976.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
Section 10 of Pub. L. 93-527 provided that: ''This Act (see Tables
for classification) shall take effect on January 1, 1975.''
Section 8 of Pub. L. 93-177 provided that: ''This Act (see Tables
for classification) shall take effect on January 1, 1974.''
Section 6 of Pub. L. 92-198 provided that: ''This Act (see Tables
for classification) shall take effect on January 1, 1972.''
Section 10 of Pub. L. 91-588 provided that:
''(a) Sections 1, 2(a), (b), and (c), 3, 4, 5, 6, 7, 8, and 9 (see
Tables for classification) shall take effect on January 1, 1971.
''(b) Sections 2(d) and 6 (amending sections 415 and 506 (now 1315
and 1506) of this title) shall take effect on January 1, 1972.''
(In view of the similarity of subject matter covered by amendments
made by sections 2(d) and 6 of Pub. L. 91-588, the effective date for
the amendment made by section 6 was probably intended by Congress to be
Jan. 1, 1972, as called for in subsec. (b) of section 10 of Pub. L.
91-588, rather than Jan. 1, 1971, as called for in subsec. (a) of that
section.)
Section 6 of Pub. L. 90-275 provided that:
''(a) The first section and sections 2 and 4 of this Act (amending
this section and sections 415 and 541 (now 1315 and 1541) of this title
and enacting provisions set out below) shall take effect on January 1,
1969.
''(b) Sections 3 and 5 of this Act (enacting provisions set out below
and amending section 3012 (now 5112) of this title) shall take effect on
the first day of the first calendar month following the month of initial
payment of increases in monthly insurance benefits provided by the
Social Security Amendments of 1967 (see Short Title note under section
302 of Title 42, the Public Health and Welfare).''
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
Amendment by Pub. L. 88-664 and provisions of section 10 of Pub. L.
88-664, set out as a note below, effective Jan. 1, 1965, see section 11
of Pub. L. 88-664, set out as a note under section 1503 of this title.
Section 2 of Pub. L. 87-101 provided that: ''Pension shall not be
paid for any period prior to the effective date of this Act (July 21,
1961) to any person whose eligibility for pension is established solely
by virtue of this Act (amending this section).''
Amendment by Pub. L. 86-211 effective July 1, 1960, see section 10
of Pub. L. 86-211, set out as an Effective Date note under section 1506
of this title.
Section 306 of Pub. L. 95-588, as amended by Pub. L. 102-40, title
IV, 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102-83, 5(c)(2),
6(c), Aug. 6, 1991, 105 Stat. 406, 407, provided that:
''(a)(1)(A) Except as provided in subparagraph (B), any person who as
of December 31, 1978, is entitled to receive pension under section 1521,
1541, or 1542 (formerly 521, 541, or 542) of title 38, United States
Code, may elect to receive pension under such section as in effect after
such date, subject to the terms and conditions in effect with respect to
the receipt of such pension. Any such election shall be made in such
form and manner as the Secretary of Veterans Affairs (hereinafter in
this section referred to as the 'Secretary') may prescribe. If pension
is paid pursuant to such an election, the election shall be irrevocable.
''(B) Any veteran eligible to make an election under subparagraph (A)
who is married to another veteran who is also eligible to make such an
election may not make such an election unless both such veterans make
such an election.
''(2) Any person eligible to make an election under paragraph (1) who
does not make such an election shall continue to receive pension at the
monthly rate being paid to such person on December 31, 1978, subject to
all provisions of law applicable to basic eligibility for and payment of
pension under section 1521, 1541, or 1542 (formerly 521, 541, or 542),
as appropriate, of title 38, United States Code, as in effect on
December 31, 1978, except that --
''(A) pension may not be paid to such person if such person's annual
income (determined in accordance with section 1503 (formerly 503) of
title 38, United States Code, as in effect on December 31, 1978) exceeds
$4,038, in the case of a veteran or surviving spouse without dependents,
$5,430, in the case of a veteran or surviving spouse with one or more
dependents, or $3,299, in the case of a child; and
''(B) the amount prescribed in subsection (f)(1) of section 1521
(formerly 521) of such title (as in effect on December 31, 1978) shall
be $1,285;
as each such amount is increased from time to time under paragraph
(3).
''(3) Whenever there is an increase under section 5312 (formerly
3112) of title 38, United States Code (as added by section 304 of this
Act), in the maximum annual rates of pension under sections 1521, 1541,
and 1542 (formerly 521, 541, and 542) of such title, as in effect after
December 31, 1978, the Secretary shall, effective on the date of such
increase under such section 5312 (formerly 3112), increase --
''(A) the annual income limitations in effect under paragraph (2);
and
''(B) the amount of income of a veteran's spouse excluded from the
annual income of such veteran under section 1521(f)(1) (formerly
521(f)(1)) of such title, as in effect on December 31, 1978;
by the same percentage as the percentage by which such maximum annual
rates under such sections 1521, 1541, and 1542 (formerly 521, 541, and
542) are increased.
''(b)(1) (Subsec. (b)(1) which provided for the repeal, effective
Jan. 1, 1979, of section 9 of the Veterans' Pension Act of 1959, Pub.
L. 86-211, 9, Aug. 29, 1959, 73 Stat. 436, has been executed to note
set out under this section.)
''(2)(A) Except as provided in subparagraph (B), any person who as of
December 31, 1978, is entitled to receive pension under section 9(b) of
the Veterans' Pension Act of 1959 Pub. L. 86-211, 9, Aug. 29, 1959,
73 Stat. 436 (formerly set out as a note under this section) may elect
to receive pension under section 1521, 1541, or 1542 (formerly 521, 541,
or 542) of title 38, United States Code, as in effect after such date,
subject to the terms and conditions in effect with respect to the
receipt of such pension. Any such election shall be made in such form
and manner as the Secretary may prescribe. If pension is paid pursuant
to such an election, the election shall be irrevocable.
''(B) Any veteran eligible to make an election under subparagraph (A)
who is married to another veteran who is also eligible to make such an
election may not make such an election unless both such veterans make
such an election.
''(3) Any person eligible to make an election under paragraph (2) who
does not make such an election shall continue to receive pension at the
monthly rate being paid to such person on December 31, 1978, subject to
all provisions of law applicable to basic eligibility for and payment of
pension under section 9(b) of the Veterans' Pension Act of 1959 Pub. L.
86-211, 9(b), Aug. 29, 1959, 73 Stat. 436 (formerly set out below),
as in effect on December 31, 1978, except that pension may not be paid
to such person if such person's annual income (determined in accordance
with the applicable provisions of law, as in effect on December 31,
1978) exceeds $3,534, in the case of a veteran or surviving spouse
without dependents or in the case of a child, or $5,098, in the case of
a veteran or surviving spouse with one or more dependents, as each such
amount is increased from time to time under paragraph (4).
''(4) Whenever there is an increase under section 5312 (formerly
3112) of title 38, United States Code (as added by section 304 of this
Act), in the maximum annual rates of pension under sections 1521, 1541,
and 1542 (formerly 521, 541, and 542) of such title, as in effect after
December 31, 1978, the Secretary shall, effective on the date of such
increase under such section 5312 (formerly 3112), increase the annual
income limitations in effect under paragraph (3) by the same percentage
as the percentage by which the maximum annual rates under such sections
1521, 1542, and 1543 (formerly 521, 542, and 543) are increased.
''(c) Any case in which --
''(1) a claim for pension is pending in the Veterans' Administration
on December 31, 1978;
''(2) a claim for pension is filed by a veteran after December 31,
1978, and within one year after the date on which such veteran became
totally and permanently disabled, if such veteran became totally and
permanently disabled before January 1, 1979; or
''(3) a claim for pension is filed by a surviving spouse or by a
child after December 31, 1978, and within one year after the date of
death of the veteran through whose relationship such claim is made, if
the death of such veteran occurred before January 1, 1979;
shall be adjudicated under title 38, United States Code, as in effect
on December 31, 1978. Any benefits determined to be payable as the
result of the adjudication of such a claim shall be subject to the
provisions of subsection (a).
''(d) In any case in which any person who as of December 31, 1978, is
entitled to receive pension under section 1521, 1541, or 1542 (formerly
521, 541, or 542) of title 38, United States Code, or under section 9(b)
of the Veterans' Pension Act of 1959 Pub. L. 86-211, 6, 9(b), Aug. 29,
1959, 73 Stat. 436 (formerly set out as a note under this section),
elects (in accordance with subsection (a)(1) or (b)(2), as appropriate)
before October 1, 1979, to receive pension under such section as in
effect after December 31, 1978, the Administrator of Veterans' Affairs
shall pay to such person an amount equal to the amount by which the
amount of pension benefits such person would have received had such
election been made on January 1, 1979, exceeds the amount of pension
benefits actually paid to such person for the period beginning on
January 1, 1979, and ending on the date preceding the date of such
election.
''(e) Whenever there is an increase under subsections (a)(3) and
(b)(4) in the annual income limitations with respect to persons being
paid pension under subsections (a)(2) and (b)(3), the Secretary shall
publish such annual income limitations, as increased pursuant to such
subsections, in the Federal Register at the same time as the material
required by section 215(i)(2)(D) of the Social Security Act (section
415(i)(2)(D) of Title 42, The Public Health and Welfare) is published by
reason of a determination under section 215(i) of such Act.''
Section 9 of Pub. L. 86-211, which provided (1) that any claim for
pension which was pending on June 30, 1960, or any claim for death
pension filed thereafter within one year from the date of death of a
veteran which occurred prior to July 1, 1960, would be adjudicated under
this title in effect on June 30, 1960, with respect to the period before
July 1, 1960, and, except as provided below, under this title, as
amended by Pub. L. 86-211, thereafter; (2) that nothing in Pub. L.
86-211 would affect the eligibility of any person receiving pension
under this title on June 30, 1960, for pension under all applicable
provisions of this title in effect on that date for such period or
periods thereafter with respect to which he could qualify under such
provisions and that this provision would not apply in any case for any
period after pension was granted, pursuant to application, under this
title as amended by Pub. L. 86-211; and (3) that provision (2) would
not apply to those claims within the purview of provision (1) in which
it was determined that pension was payable for June 30, 1960, was
repealed, effective Jan. 1, 1979, by section 306(b)(1) of Pub. L.
95-588, set out as a note above.
of Certain Pension Recipients
Pub. L. 98-543, title III, 302, Oct. 24, 1984, 98 Stat. 2747,
directed Administrator of Veterans' Affairs to report to Committees on
Veterans' Affairs of House of Representatives and Senate not later than
28 months after Oct. 24, 1984, on results of medical examinations
conducted on certain individuals awarded pensions under this section as
permanently and totally disabled by reason of being 65 years of age or
older or becoming unemployable after age 65.
Recommendations to President and Congress
Pub. L. 95-588, title III, 308, Nov. 4, 1978, 92 Stat. 2510,
directed Administrator of Veterans' Affairs, in consultation with
Secretary of State, to carry out a comprehensive study of income
characteristics of veterans of a period of war, as defined in section
101(11) of this title, and their survivors residing outside the fifty
States and the District of Columbia, required submission of a report to
Congress and President on results of such study not later than Feb. 1,
1980.
Section 3 of Pub. L. 90-275 provided that:
''(a) If the monthly rate of pension or dependency and indemnity
compensation payable to a person under title 38, United States Code,
would be less, solely as a result of an increase in monthly insurance
benefits provided by the Social Security Amendments of 1967 (see Short
Title note set out under section 302 of Title 42, The Public Health and
Welfare), than the monthly rate payable for the month immediately
preceding the effective date of this Act (see Effective Date of 1968
Amendment note set out above), the Administrator of Veterans' Affairs
shall pay the person as follows:
''(1) for the balance of calendar year 1968 and during calendar year
1969, at the prior monthly rate;
''(2) during the calendar year 1970, at the rate for the next $100
annual income limitation higher than the maximum annual income
limitation corresponding to the prior monthly rate; and
''(3) during each successive calendar year, at the rate for the next
$100 annual income limitation higher than the one applied for the
preceding year, until the rate corresponding to actual countable income
is reached.
''(b) Subsection (a) shall not apply for any period during which
annual income of such person, exclusive of an increase in monthly
insurance benefits provided by the Social Security Amendments of 1967
(see Short Title note set out under section 302 of Title 42), exceeds
the amount of annual income upon which was based the pension or
dependency and indemnity compensation payable to the person immediately
prior to receipt of the increase.''
(Provisions of section 3 of Pub. L. 90-275 effective on first day of
first calendar month following month of initial payment of increases in
monthly insurance benefits provided by Social Security Amendments of
1967 (see Short Title note set out under section 302 of Title 42), see
section 6(b) of Pub. L. 90-275, set out as an Effective Date of 1968
Amendment note above.)
Section 4 of Pub. L. 90-275, as amended by Pub. L. 91-588, 5;
Pub. L. 92-198, 4; Pub. L. 93-527, 6; Pub. L. 94-169, 107; Pub.
L. 94-432, 206; Pub. L. 95-204, 105, provided that: ''The income
limitations governing payment of pension under the first sentence of
section 9(b) of the Veterans' Pension Act of 1959 (formerly set out in a
Savings Provisions note above) hereafter shall be $3,300 and $4,760
instead of $3,100 and $4,460, respectively.''
Section 4 of Pub. L. 90-275, as originally enacted, was eff. Jan.
1, 1969, pursuant to Pub. L. 90-275, 6(a). Subsequent amendments to
said section 4 by Pub. L. 91-588, Pub. L. 92-198, and Pub. L. 94-169
were effective Jan. 1, 1971, Jan. 1, 1972, and for a period beginning
Jan. 1, 1976 and ending Sept. 30, 1976, respectively. Pub. L. 94-432,
101, 405(b) amended said section 4 of Pub. L. 90-275 and section 107
of Pub. L. 94-169 to be effective Jan. 1, 1976 and Jan. 1, 1977,
respectively. Pub. L. 95-204, 302 amended said section 4 of Pub. L.
90-275 to be effective Jan. 1, 1978.
Pub. L. 90-77, title I, 108(c), Aug. 31, 1967, 81 Stat. 180,
provided that: ''If any widow is entitled to pension under the first
sentence of section 9(b) of the Veterans' Pension Act of 1959 (formerly
set out in a Savings Provisions note above) and is in need of regular
aid and attendance, the monthly rate of pension payable to her shall be
increased by $50.''
Pub. L. 90-77, title I, 110, Aug. 31, 1967, 81 Stat. 180, provided
that: ''The Administrator of Veterans' Affairs shall pay to a veteran
who is entitled to pension under the first sentence of section 9(b) of
the Veterans' Pension Act of 1959 (formerly set out in a Savings
Provisions note above) and who --
''(1) has, in addition to a disability rated as permanent and total,
additional disability or disabilities independently ratable at 60 per
centum or more, or
''(2) by reason of his disability or disabilities, is permanently
housebound but does not qualify for pension based on need of regular aid
and attendance,
in lieu of the pension otherwise payable to him, a pension at the
monthly rate of $100.''
Section 10 of Pub. L. 88-664 provided that: ''In computing the
income of persons whose pension eligibility is subject to the first
sentence of section 9(b) of the Veterans' Pension Act of 1959 (formerly
set out in a Savings Provisions note above) there shall be excluded 10
per centum of the amount of payments received under public or private
retirement, annuity, endowment or similar plans or programs.''
Limitations on pension payments to veterans furnished hospital
treatment, institutional, or domiciliary care by Department of Veterans
Affairs, see section 5503 of this title.
section 8624.
38 USC 1522. Net worth limitation
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall deny or discontinue the payment of pension to
a veteran under section 1521 of this title when the corpus of the estate
of the veteran or, if the veteran has a spouse, the corpus of the
estates of the veteran and of the veteran's spouse is such that under
all the circumstances, including consideration of the annual income of
the veteran, the veteran's spouse, and the veteran's children, it is
reasonable that some part of the corpus of such estates be consumed for
the veteran's maintenance.
(b) The Secretary shall deny or discontinue the payment of increased
pension under subsection (c), (d), (e), or (f) of section 1521 of this
title on account of a child when the corpus of such child's estate is
such that under all the circumstances, including consideration of the
veteran's and spouse's income, and the income of the veteran's children,
it is reasonable that some part of the corpus of such child's estate be
consumed for the child's maintenance. During the period such denial or
discontinuance remains in effect, such child shall not be considered as
the veteran's child for purposes of this chapter.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1136, 522; Pub. L.
86-211, 3(b), Aug. 29, 1959, 73 Stat. 434; Pub. L. 95-588, title I,
107, Nov. 4, 1978, 92 Stat. 2502; renumbered 1522 and amended Pub. L.
102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 522 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1521'' for ''521'' in
subsecs. (a) and (b).
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in subsecs. (a) and (b).
1978 -- Pub. L. 95-588 designated existing provisions as subsec.
(a), inserted provisions relating to consideration of the income and
estates of the spouse and children of an eligible veteran, and added
subsec. (b).
1959 -- Pub. L. 86-211 substituted provisions requiring the denial
or discontinuance of payment of pension when the corpus of the veteran's
estate is such that under all the circumstances, including consideration
of the veteran's income, it is reasonable that some part of the corpus
be consumed for the veteran's maintenance for provisions which
prohibited the payment of a pension to any unmarried veteran whose
annual income exceeds $1,400 or to any married veteran or any veteran
with children whose annual income exceeds $2,700.
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401
of Pub. L. 95-588, set out as a note under section 101 of this title.
Amendment by Pub. L. 86-211 effective July 1, 1960, see section 10
of Pub. L. 86-211, set out as an Effective Date note under section 1521
of this title.
38 USC 1523. Combination of ratings
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall provide that, for the purpose of determining
whether or not a veteran is permanently and totally disabled, ratings
for service-connected disabilities may be combined with ratings for
non-service-connected disabilities.
(b) Where a veteran, by virtue of subsection (a), is found to be
entitled to a pension under section 1521 of this title, and is entitled
to compensation for a service-connected disability, the Secretary shall
pay such veteran the greater benefit.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1136, 523; Pub. L.
94-169, title I, 106(19), Dec. 23, 1975, 89 Stat. 1018; renumbered
1523 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 523 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''1521'' for
''521''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
1975 -- Subsec. (b). Pub. L. 94-169 substituted ''such veteran'' for
''him''.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
38 USC 1524. Vocational training for certain pension recipients
TITLE 38 -- VETERANS' BENEFITS
(a)(1) In the case of a veteran under age 45 who is awarded a pension
during the program period, the Secretary shall, based on information on
file with the Department of Veterans Affairs, make a preliminary finding
whether such veteran, with the assistance of a vocational training
program under this section, has a good potential for achieving
employment. If such potential is found to exist, the Secretary shall
solicit from the veteran an application for vocational training under
this section. If the veteran thereafter applies for such training, the
Secretary shall provide the veteran with an evaluation, which may
include a personal interview, to determine whether the achievement of a
vocational goal is reasonably feasible.
(2) Subject to paragraph (3) /1/ of this subsection, if a veteran who
is 45 years of age or older and is awarded pension during the program
period, or a veteran who was awarded pension before the beginning of the
program period, applies for vocational training under this section and
the Secretary makes a preliminary finding on the basis of information in
the application that, with the assistance of a vocational training
program under subsection (b) of this section, the veteran has a good
potential for achieving employment, the Secretary shall provide the
veteran with an evaluation in order to determine whether the achievement
of a vocational goal by the veteran is reasonably feasible. Any such
evaluation shall include a personal interview by a Department employee
trained in vocational counseling.
(3) For the purposes of this section, the term ''program period''
means the period beginning on February 1, 1985, and ending on December
31, 1995.
(b)(1) If the Secretary, based upon an evaluation under subsection
(a) of this section, determines that the achievement of a vocational
goal by a veteran is reasonably feasible, the veteran shall be offered
and may elect to pursue a vocational training program under this
subsection. If the veteran elects to pursue such a program, the program
shall be designed in consultation with the veteran in order to meet the
veteran's individual needs and shall be set forth in an individualized
written plan of vocational rehabilitation of the kind described in
section 3107 of this title.
(2)(A) Subject to subparagraph (B) of this paragraph, a vocational
training program under this subsection shall consist of vocationally
oriented services and assistance of the kind provided under chapter 31
of this title and such other services and assistance of the kind
provided under that chapter as are necessary to enable the veteran to
prepare for and participate in vocational training or employment.
(B) A vocational training program under this subsection --
(i) may not exceed 24 months unless, based on a determination by the
Secretary that an extension is necessary in order for the veteran to
achieve a vocational goal identified (before the end of the first 24
months of such program) in the written plan formulated for the veteran,
the Secretary grants an extension for a period not to exceed 24 months;
(ii) may not include the provision of any loan or subsistence
allowance or any automobile adaptive equipment of the kind provided
under chapter 39 of this title; and
(iii) may include a program of education at an institution of higher
learning (as defined in sections 3452(b) and 3452(f), respectively, of
this title) only in a case in which the Secretary determines that the
program involved is predominantly vocational in content.
(3) When a veteran completes a vocational training program under this
subsection, the Secretary may provide the veteran with counseling of the
kind described in section 3104(a)(2) of this title, placement and
postplacement services of the kind described in section 3104(a)(5) of
this title, and training of the kind described in section 3104(a)(6) of
this title during a period not to exceed 18 months beginning on the date
of such completion.
(4) A veteran may not begin pursuit of a vocational training program
under this subsection after the later of (A) December 31, 1995, or (B)
the end of a reasonable period of time, as determined by the Secretary,
following either the evaluation of the veteran under subsection (a) of
this section or the award of pension to the veteran as described in
subsection (a)(2) of this section. Any determination by the Secretary
of such a reasonable period of time shall be made pursuant to
regulations which the Secretary shall prescribe.
(c) In the case of a veteran who has been determined to have a
permanent and total non-service-connected disability and who, not later
than one year after the date the veteran's eligibility for counseling
under subsection (b)(3) of this section expires, secures employment
within the scope of a vocational goal identified in the veteran's
individualized written plan of vocational rehabilitation (or in a
related field which requires reasonably developed skills and the use of
some or all of the training or services furnished the veteran under such
plan), the evaluation of the veteran as having a permanent and total
disability may not be terminated by reason of the veteran's capacity to
engage in such employment until the veteran first maintains such
employment for a period of not less than 12 consecutive months.
(d) A veteran who pursues a vocational training program under
subsection (b) of this section shall have the benefit of the provisions
of subsection (a) of section 1525 of this title beginning at such time
as the veteran's entitlement to pension is terminated by reason of
income from work or training (as defined in subsection (b)(1) of that
section) without regard to the date on which the veteran's entitlement
to pension is terminated.
(e) Payments by the Secretary for education, training, and other
services and assistance under subsection (b) of this section (other than
the services of Department employees) shall be made from the Department
appropriations account from which payments for pension are made.
(Added Pub. L. 98-543, title III, 301(a)(1), Oct. 24, 1984, 98 Stat.
2744, 524; amended Pub. L. 99-576, title VII, 703(b)(1), Oct. 28,
1986, 100 Stat. 3303; Pub. L. 100-227, title II, 202, Dec. 31, 1987,
101 Stat. 1555; Pub. L. 100-687, div. B, title XIII, 1303(a), (b),
Nov. 18, 1988, 102 Stat. 4128; Pub. L. 101-237, title I, 114, Dec. 18,
1989, 103 Stat. 2065; renumbered 1524 and amended Pub. L. 102-83,
4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406; Pub. L. 102-291, 2(b), May 20, 1992, 106 Stat. 178; Pub. L.
102-568, title IV, 402(a)-(c)(2)(A), Oct. 29, 1992, 106 Stat. 4337.)
Paragraph (3) of this subsection, referred to in subsec. (a)(2), was
repealed and par. (4) was redesignated as par. (3) by Pub. L.
102-568, title IV, 402(b), Oct. 29, 1992, 106 Stat. 4337.
1992 -- Pub. L. 102-568, 402(c)(2)(A), substituted ''Vocational
training for certain pension recipients'' for ''Temporary program of
vocational training for certain new pension recipients'' as section
catchline.
Subsec. (a)(1). Pub. L. 102-568, 402(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''Subject to
paragraph (3) of this subsection, in the case of a veteran under the age
of 45 who is awarded pension during the program period, the Secretary
shall determine whether the achievement of a vocational goal by the
veteran is reasonably feasible. Any such determination shall be made
only after evaluation of the veteran's potential for rehabilitation, and
any such evaluation shall include a personal interview of the veteran by
a Department employee who is trained in vocational counseling. If the
veteran fails, for reasons other than those beyond the veteran's
control, to participate in the evaluation in the manner required by the
Secretary in order to make such determination, the Secretary shall
suspend the veteran's pension for the duration of such failure.''
Subsec. (a)(3). Pub. L. 102-568, 402(b), redesignated par. (4) as
(3), substituted ''December 31, 1995'' for ''December 31, 1992'', and
struck out former par. (3) which read as follows: ''Not more than
3,500 veterans may be given evaluations under this subsection during any
12-month period beginning on February 1 of a year.''
Subsec. (a)(4). Pub. L. 102-568, 402(b)(2), redesignated par. (4)
as (3).
Pub. L. 102-291 substituted ''December 31, 1992'' for ''January 31,
1992''.
Subsec. (b)(4). Pub. L. 102-568, 402(c)(1), substituted ''December
31, 1995'' for ''January 31, 1992''.
1991 -- Pub. L. 102-83, 5(a), renumbered section 524 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing in pars. (1) and
(2).
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in pars. (1) and (2).
Subsec. (b)(1). Pub. L. 102-83, 5(c)(1), substituted ''3107'' for
''1507''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Subsec. (b)(2)(B)(i). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places.
Subsec. (b)(2)(B)(iii). Pub. L. 102-83, 5(c)(1), substituted
''3452(b) and 3452(f)'' for ''1652(b) and 1652(f)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Subsec. (b)(3). Pub. L. 102-83, 5(c)(1), substituted ''3104(a)(2)''
for ''1504(a)(2)'', ''3104(a)(5)'' for ''1504(a)(5)'', and
''3104(a)(6)'' for ''1504(a)(6)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Subsec. (b)(4). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''1525'' for
''525''.
Subsec. (e). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in two places.
1989 -- Subsec. (a)(1), (2). Pub. L. 101-237, 114(a), substituted
''45'' for ''50''.
Subsecs. (c) to (e). Pub. L. 101-237, 114(b), added subsec. (c)
and redesignated former subsecs. (c) and (d) as (d) and (e),
respectively.
1988 -- Subsec. (a)(2). Pub. L. 100-687, 1303(a), substituted ''is
awarded pension during the program period, or a veteran who was awarded
pension before the beginning of the program period,'' for ''who is
awarded pension during the program period''.
Subsecs. (a)(4), (b)(4)(A). Pub. L. 100-687, 1303(b), substituted
''1992'' for ''1989''.
1987 -- Subsec. (a)(3). Pub. L. 100-227 substituted ''3,500'' for
''2,500''.
1986 -- Subsec. (a)(2). Pub. L. 99-576, 703(b)(1)(A), substituted
''subsection (b) of this section'' for ''subsection (d) of this
section''.
Subsec. (b)(4). Pub. L. 99-576, 703(b)(1)(B), substituted
''subsection (a) of this section'' for ''subsection (a)(1) of this
section''.
Subsec. (c). Pub. L. 99-576, 703(b)(1)(C), substituted ''A veteran''
for ''Notwithstanding subsection (c) of section 525 of this title, a
veteran'' and ''defined in subsection (b)(1) of that section'' for
''defined in subsection (b) of that section'', and inserted ''without
regard to the date on which the veteran's entitlement to pension is
terminated.''
Amendment by Pub. L. 102-291 effective Jan. 31, 1992, see section
2(d) of Pub. L. 102-291, set out as a note under section 1163 of this
title.
Amendment by Pub. L. 99-576 effective as if included in Pub. L.
98-543, see section 703(c) of Pub. L. 99-576, set out as a note under
section 1313 of this title.
Provision of a vocational training program to a veteran under this
section and the making of related determinations under this section
ratified with respect to period beginning Feb. 1, 1992, and ending May
20, 1992, see section 2(e) of Pub. L. 102-291, set out as a note under
section 1163 of this title.
Recipients; Health-Care Eligibility
Section 301(b) of Pub. L. 98-543 directed Administrator of Veterans'
Affairs to submit to Committees on Veterans' Affairs of Senate and House
of Representatives not later than Apr. 15, 1988, a report on results of
implementation of this section and section 525 (now 1525) of this title
during period beginning on Feb. 1, 1985, and ending on Jan. 31, 1988.
/1/ See References in Text note below.
38 USC 1525. Protection of health-care eligibility
TITLE 38 -- VETERANS' BENEFITS
(a) In the case of a veteran whose entitlement to pension is
terminated after January 31, 1985, by reason of income from work or
training, the veteran shall retain for a period of three years beginning
on the date of such termination all eligibility for care and services
under such chapter that the veteran would have had if the veteran's
entitlement to pension had not been terminated. Care and services for
which such a veteran retains eligibility include, when applicable, drugs
and medicines under section 1712(h) of this title and special priority
with respect to such care and services under clauses (5) and (6) of
section 1712(i).
(b) For purposes of this section, the term ''terminated by reason of
income from work or training'' means terminated as a result of the
veteran's receipt of earnings from activity performed for renumeration
or with gain, but only if the veteran's annual income from sources other
than such earnings would, taken alone, not result in the termination of
the veteran's pension.
(Added Pub. L. 98-543, title III, 301(a)(1), Oct. 24, 1984, 98 Stat.
2746, 525; amended Pub. L. 99-272, title XIX, 19011(d)(1), Apr. 7,
1986, 100 Stat. 378; Pub. L. 99-576, title VII, 703(b)(2), Oct. 28,
1986, 100 Stat. 3303; Pub. L. 100-687, div. B, title XIII, 1303(c),
Nov. 18, 1988, 102 Stat. 4128; renumbered 1525 and amended Pub. L.
102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-291,
2(c), May 20, 1992, 106 Stat. 178; Pub. L. 102-568, title IV, 403(a),
(b)(1), Oct. 29, 1992, 106 Stat. 4337.)
1992 -- Pub. L. 102-568, 403(b)(1), substituted ''Protection'' for
''Temporary protection'' in section catchline.
Subsec. (a). Pub. L. 102-568, 403(a)(1), substituted ''after January
31, 1985,'' for ''during the program period''.
Subsec. (b). Pub. L. 102-568, 403(a)(2), added subsec. (b) and
struck out former subsec. (b) which read as follows: ''For the
purposes of this section:
''(1) The term 'terminated by reason of income from work or training'
means terminated as a result of the veteran's receipt of earnings from
activity performed for remuneration or gain, but only if the veteran's
annual income from sources other than such earnings would, taken alone,
not result in the termination of the veteran's pension.
''(2) The term 'program period' means the period beginning on
February 1, 1985, and ending on December 31, 1992.''
Pub. L. 102-291 substituted ''December 31, 1992'' for ''January 31,
1992'' in par. (2).
1991 -- Pub. L. 102-83, 5(a), renumbered section 525 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1712(h)'' for
''612(h)'' and ''1712(i)'' for ''612(i)''.
1988 -- Subsec. (b)(2). Pub. L. 100-687 substituted ''1992'' for
''1989''.
1986 -- Subsec. (a). Pub. L. 99-576 struck out ''under section 521
of this title'' after ''entitlement to pension''.
Pub. L. 99-272 substituted ''clauses (5) and (6) of section 612(i)''
for ''section 612(i)(5) of this title''.
Amendment by Pub. L. 102-291 effective Jan. 31, 1992, see section
2(d) of Pub. L. 102-291, set out as a note under section 1163 of this
title.
Amendment by Pub. L. 99-576 effective as if included in Pub. L.
98-543, see section 703(c) of Pub. L. 99-576, set out as a note under
section 1313 of this title.
Amendment by Pub. L. 99-272 applicable to hospital care, nursing
home care, and medical services furnished on or after July 1, 1986, see
section 19011(f) of Pub. L. 99-272, set out as a note under section
1710 of this title.
Provision of health care and services to a veteran pursuant to this
section ratified with respect to period beginning Feb. 1, 1992, and
ending May 20, 1992, see section 2(e) of Pub. L. 102-291, set out as a
note under section 1163 of this title.
38 USC SUBCHAPTER III -- PENSIONS TO SURVIVING SPOUSES AND CHILDREN
TITLE 38 -- VETERANS' BENEFITS
1975 -- Pub. L. 94-169, title I, 101(2)(G), Dec. 23, 1975, 89
Stat. 1014, substituted ''SURVIVING SPOUSES'' for ''WIDOWS'' in
subchapter heading.
38 USC Wars Before World War I
TITLE 38 -- VETERANS' BENEFITS
38 USC ( 1531. Vacant)
TITLE 38 -- VETERANS' BENEFITS
Prior to renumbering of sections 501 to 543 of this chapter as
sections 1501 to 1543 by Pub. L. 102-83, 5(a), Aug. 6, 1991, 105
Stat. 406, section 531 of this chapter, Pub. L. 85-857, Sept. 2,
1958, 72 Stat. 1137; Pub. L. 90-77, title I, 105, Aug. 31, 1967, 81
Stat. 179, which provided for a monthly pension to widows of Mexican
War veterans, was repealed by Pub. L. 94-169, title I, 101(2)(F), Dec.
23, 1975, 89 Stat. 1014, effective Jan. 1, 1976.
38 USC 1532. Surviving spouses of Civil War veterans
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall pay to the surviving spouse of each Civil War
veteran who met the service requirements of this section a pension at
the following monthly rate:
(1) $40.64 if such surviving spouse is below seventy years of age;
or
(2) $70 if such surviving spouse is seventy years of age or older.
(b) If there is a child of the veteran, the rate of pension paid to
the surviving spouse under subsection (a) shall be increased by $8.13
per month for each such child.
(c) A veteran met the service requirements of this section if such
veteran served for ninety days or more in the active military or naval
service during the Civil War, as heretofore defined under public laws
administered by the Secretary, /1/ or if such veteran was discharged or
released from such service upon a surgeon's certificate of disability.
(d) No pension shall be paid to a surviving spouse of a veteran under
this section unless such surviving spouse was married to such veteran --
(1) before June 27, 1905; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or
was born to them before the marriage.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137, 532; Pub. L. 90-77,
title I, 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L.
94-169, title I, 106(20)-(23), Dec. 23, 1975, 89 Stat. 1018; Pub. L.
102-54, 14(b)(7), June 13, 1991, 105 Stat. 283; renumbered 1532 and
amended Pub. L. 102-83, 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 403-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 532 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in introductory provisions.
Pub. L. 102-54 substituted a period for semicolon at end of par. (2)
and struck out at end ''unless such surviving spouse was the spouse of
the veteran during such veteran's service in the Civil War, in which
case the monthly rate shall be $75.''
Subsec. (c). Pub. L. 102-83, 4(a)(1), substituted ''administered by
the Secretary'' for ''administered by the Veterans' Administration''.
1975 -- Pub. L. 94-169, 106(23), substituted ''Surviving spouses''
for ''Widows'' in section catchline.
Subsec. (a). Pub. L. 94-169, 106(20), substituted ''pay to the
surviving spouse'' for ''pay to the widow'', ''such surviving spouse''
for ''she'' wherever appearing, ''was the spouse'' for ''was the wife''
and ''such veteran's'' for ''his''.
Subsec. (b). Pub. L. 94-169, 106(21), substituted ''surviving
spouse'' for ''widow''.
Subsec. (c). Pub. L. 94-169, 106(21), substituted ''such veteran''
for ''he'' wherever appearing.
Subsec. (d). Pub. L. 94-169, 106(22), substituted ''surviving
spouse'', ''such surviving spouse'' and ''such veteran'' for ''widow'',
''she'' and ''him'', respectively.
1967 -- Subsec. (a)(2). Pub. L. 90-77, 105, substituted ''$70'' for
''$65''.
Subsec. (d). Pub. L. 90-77, 101(a), qualified widow of a veteran for
a pension by reducing in par. (2) the requisite marriage period from
five years to one year and by making her eligible for benefits in par.
(3) in event of antenupital birth.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
/1/ See 1991 Amendment note below.
38 USC 1533. Children of Civil War veterans
TITLE 38 -- VETERANS' BENEFITS
Whenever there is no surviving spouse entitled to pension under
section 1532 of this title, the Secretary shall pay to the children of
each Civil War veteran who met the service requirements of section 1532
of this title a pension at the monthly rate of $73.13 for one child,
plus $8.13 for each additional child, with the total amount equally
divided.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137, 533; Pub. L.
94-169, title I, 106(25), Dec. 23, 1975, 89 Stat. 1018; renumbered
1533 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 533 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1532'' for ''532'' in two
places.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
1975 -- Pub. L. 94-169 substituted ''surviving spouse'' for
''widow''.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
38 USC 1534. Surviving spouses of Indian War veterans
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall pay to the surviving spouse of each Indian
War veteran who met the service requirements of section 1511 of this
title a pension at the following monthly rate:
(1) $40.64 if such surviving spouse is below seventy years of age;
or
(2) $70 if such surviving spouse is seventy years of age or older.
(b) If there is a child of the veteran, the rate of pension paid to
the surviving spouse under subsection (a) shall be increased by $8.13
per month for each such child.
(c) No pension shall be paid to a surviving spouse of a veteran under
this section unless such surviving spouse was married to such veteran --
(1) before March 4, 1917; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or
was born to them before the marriage.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137, 534; Pub. L. 90-77,
title I, 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L.
94-169, title I, 106(26)-(29), Dec. 23, 1975, 89 Stat. 1018; Pub. L.
102-54, 14(b)(7), June 13, 1991, 105 Stat. 283; renumbered 1534 and
amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991,
105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 534 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1511'' for
''511'' in introductory provisions.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in introductory provisions.
Pub. L. 102-54 substituted a period for semicolon at end of par. (2)
and struck out at end ''; unless such surviving spouse was the spouse
of the veteran during such veteran's service in one of the Indian Wars,
in which case the monthly rate shall be $75.''
1975 -- Pub. L. 94-169, 106(29), substituted ''Surviving spouses''
for ''Widows'' in section catchline.
Subsec. (a). Pub. L. 94-169, 106(26), substituted ''pay to a
surviving spouse'' for ''paid to a widow'', ''unless such surviving
spouse'' for ''she'' wherever appearing, ''was the spouse'' for ''was
the wife'' and ''such veteran's'' for ''his''.
Subsec. (b). Pub. L. 94-169, 106(27), substituted ''surviving
spouse'' for ''widow''.
Subsec. (c). Pub. L. 94-169, 106(28), substituted ''paid to a
surviving spouse'' for ''paid to a widow'', ''unless such surviving
spouse'' for ''unless she'' and ''such veteran'' for ''him''.
1967 -- Subsec. (a)(2). Pub. L. 90-77, 105, substituted ''$70'' for
''$65''.
Subsec. (c). Pub. L. 90-77, 101(a), qualified widow of a veteran for
a pension by reducing in par. (2) the requisite marriage period from
five years to one year and by making her eligible for benefits in par.
(3) in event of antenuptial birth.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
38 USC 1535. Children of Indian War veterans
TITLE 38 -- VETERANS' BENEFITS
Whenever there is no surviving spouse entitled to pension under
section 1534 of this title, the Secretary shall pay to the children of
each Indian War veteran who met the service requirements of section 1511
of this title a pension at the monthly rate of $73.13 for one child,
plus $8.13 for each additional child, with the total amount equally
divided.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137, 535; Pub. L.
94-169, title I, 106(31), Dec. 23, 1975, 89 Stat. 1018; renumbered
1535 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 535 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1534'' for ''534'' and
''1511'' for ''511''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
1975 -- Pub. L. 94-169 substituted ''surviving spouse'' for
''widow''.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
38 USC 1536. Surviving spouses of Spanish-American War veterans
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall pay to the surviving spouse of each
Spanish-American War veteran who met the service requirements of section
1512(a) of this title a pension at the monthly rate of $70, unless such
surviving spouse was the spouse of the veteran during such veteran's
service in the Spanish-American War, in which case the monthly rate
shall be $75.
(b) If there is a child of the veteran, the rate of pension paid to
the surviving spouse under subsection (a) shall be increased by $8.13
per month for each such child.
(c) No pension shall be paid to a surviving spouse of a veteran under
this section unless such surviving spouse was married to such veteran --
(1) before January 1, 1938; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or
was born to them before the marriage.
(d)(1) Any surviving spouse eligible for pension under this section
shall, if such surviving spouse so elects, be paid pension at the rates
prescribed by section 1541 of this title, and under the conditions
(other than the service requirements) applicable to pension paid under
that section to surviving spouses of veterans of a period of war. If
pension is paid pursuant to such an election, the election shall be
irrevocable.
(2) The Secretary shall pay each month to the surviving spouse of
each Spanish-American War veteran who is receiving, or entitled to
receive, pension based on a need of regular aid and attendance,
whichever amount is greater (A) that which is payable to such surviving
spouse under subsections (a) and (b) of this section as increased by
section 544 /1/ of this title, as in effect on December 31, 1978; or
(B) that which is payable under section 1541 of this title, as in effect
on December 31, 1978, as increased by such section 544, /1/ as in effect
on such date, to a surviving spouse of a World War I veteran with the
same annual income and corpus of estate. Each change in the amount of
pension required by this paragraph shall be effective as of the first
day of the month during which the facts of the particular case warrant
such change, and shall be made without specific application therefor.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, 536; Pub. L. 90-77,
title I, 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L.
92-328, title I, 107, June 30, 1972, 86 Stat. 395; Pub. L. 94-169,
title I, 106(32)-(37), Dec. 23, 1975, 89 Stat. 1018, 1019; Pub. L.
95-588, title I, 108, Nov. 4, 1978, 92 Stat. 2502; renumbered 1536
and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 404-406.)
Section 544 of this title, referred to in subsec. (d)(2), was
repealed by Pub. L. 95-588, title I, 112(a)(1), Nov. 4, 1978, 92
Stat. 2505.
1991 -- Pub. L. 102-83, 5(a), renumbered section 536 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1512(a)'' for
''512(a)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''1541'' for
''541'' in pars. (1) and (2).
Subsec. (d)(2). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1978 -- Subsec. (d)(1). Pub. L. 95-588, 108(1), substituted ''a
period of war'' for ''World War I'', and struck out '', except as
provided in paragraph (2)'' after ''irrevocable''.
Subsec. (d)(2). Pub. L. 95-588, 108(2), inserted '', as in effect on
December 31, 1978'' after ''of this title'' in two places, and ''as in
effect on such date'' after ''such section 544''.
1975 -- Pub. L. 94-169, 106(37), substituted ''Surviving spouses''
for ''Widows'' in section catchline.
Subsec. (a). Pub. L. 94-169, 106(32), substituted ''pay to the
surviving spouse'' for ''pay to the widow'', ''unless such surviving
spouse'' for ''unless she'', ''the spouse'' for ''the wife'' and ''such
veteran's'' for ''his''.
Subsec. (b). Pub. L. 94-169, 106(33), substituted ''surviving
spouse'' for ''widow''.
Subsec. (c). Pub. L. 94-169, 106(33), substituted ''paid to a
surviving spouse'' for ''paid to a widow'', ''unless such surviving
spouse'' for ''unless she'' and ''such veteran'' for ''him''.
Subsec. (d)(1). Pub. L. 94-169, 106(34), substituted ''Any surviving
spouse'' for ''Any widow'', ''if such surviving spouse'' for ''if she''
and ''surviving spouses'' for ''widows''.
Subsec. (d)(2). Pub. L. 94-169, 106(35), (36), substituted
''surviving spouse'' for ''widow'' wherever appearing, and ''such
surviving spouse'' for ''her''.
1972 -- Subsec. (d). Pub. L. 92-328 added subsec. (d).
1967 -- Subsec. (a). Pub. L. 90-77, 105, substituted ''$70'' for
''$65''.
Subsec. (c). Pub. L. 90-77, 101(a), qualified widow of a veteran for
a pension by reducing in par. (2) the requisite marriage period from
five years to one year and by making her eligible for benefits in par.
(3) in event of antenuptial birth.
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401
of Pub. L. 95-588, set out as a note under section 101 of this title.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
Amendment by Pub. L. 92-328 effective first day of second calendar
month which begins after June 30, 1972, see section 301(a) of Pub. L.
92-328, set out as a note under section 1114 of this title.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
/1/ See References in Text note below.
38 USC 1537. Children of Spanish-American War veterans
TITLE 38 -- VETERANS' BENEFITS
Whenever there is no surviving spouse entitled to pension under
section 1536 of this title, the Secretary shall pay to the children of
each Spanish-American War veteran who met the service requirements of
section 1512(a) of this title a pension at the monthly rate of $73.13
for one child, plus $8.13 for each additional child, with the total
amount equally divided.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, 537; Pub. L.
94-169, title I, 106(39), Dec. 23, 1975, 89 Stat. 1019; renumbered
1537 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 537 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1536'' for ''536'' and
''1512(a)'' for ''512(a)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
1975 -- Pub. L. 94-169 substituted ''surviving spouse'' for
''widow''.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
38 USC Other Periods of War
TITLE 38 -- VETERANS' BENEFITS
1991 -- Pub. L. 102-25, title III, 333(c)(1), Apr. 6, 1991, 105
Stat. 88, substituted ''Other Periods of War'' for ''Mexican Border
Period, World War I, World War II, The Korean Conflict, and The Vietnam
Era'' as subheading.
1970 -- Pub. L. 91-588, 9(d)(3), Dec. 24, 1970, 84 Stat. 1585,
inserted reference to Mexican border period in subheading.
1967 -- Pub. L. 90-77, title III, 202(j), Aug. 31, 1967, 81 Stat.
183, inserted reference to Vietnam era in subheading.
38 USC 1541. Surviving spouses of veterans of a period of war
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall pay to the surviving spouse of each veteran
of a period of war who met the service requirements prescribed in
section 1521(j) of this title, or who at the time of death was receiving
(or entitled to receive) compensation or retirement pay for a
service-connected disability, pension at the rate prescribed by this
section, as increased from time to time under section 5312 of this
title.
(b) If no child of the veteran is in the custody of the surviving
spouse, pension shall be paid to the surviving spouse at the annual rate
of $2,379, reduced by the amount of the surviving spouse's annual
income.
(c) If there is a child of the veteran in the custody of the
surviving spouse, pension shall be paid to the surviving spouse at the
annual rate of $3,116. If the surviving spouse has custody of two or
more such children, the annual pension rate shall be increased by $600
for each such child in excess of one. In each case, the rate payable
shall be reduced by the amount of the surviving spouse's annual income
and, subject to subsection (g) of this section, the annual income of
each such child.
(d)(1) If a surviving spouse who is entitled to pension under
subsection (b) of this section is in need of regular aid and attendance,
the annual rate of pension payable to such surviving spouse shall be
$3,806, reduced by the amount of the surviving spouse's annual income.
(2) If a surviving spouse who is entitled to pension under subsection
(c) of this section is in need of regular aid and attendance, the annual
rate of pension payable to the surviving spouse shall be $4,543. If
there are two or more children of the veteran in such surviving spouse's
custody, the annual rate of pension shall be increased by $600 for each
such child in excess of one. The rate payable shall be reduced by the
amount of the surviving spouse's annual income and, subject to
subsection (g) of this section, the annual income of each such child.
(e)(1) If the surviving spouse is permanently housebound but does not
qualify for pension at the aid and attendance rate provided by
subsection (d) of this section, the annual rate of pension payable to
such surviving spouse under subsection (b) of this section shall be
$2,908 and the annual rate of pension payable to such surviving spouse
under subsection (c) of this section shall be $3,645. If there are two
or more children of the veteran in such surviving spouse's custody, the
annual rate of pension shall be increased by $600 for each such child in
excess of one. The rate payable shall be reduced by the amount of the
surviving spouse's annual income and, subject to subsection (g) of this
section, the income of any child of the veteran for whom the surviving
spouse is receiving increased pension.
(2) For purposes of paragraph (1) of this subsection, the requirement
of ''permanently housebound'' shall be met when the surviving spouse is
substantially confined to such surviving spouse's house (ward or
clinical areas, if institutionalized) or immediate premises by reason of
a disability or disabilities reasonably certain to remain throughout
such surviving spouse's lifetime.
(f) No pension shall be paid under this section to a surviving spouse
of a veteran unless the spouse was married to the veteran --
(1) before (A) December 14, 1944, in the case of a surviving spouse
of a Mexican border period or World War I veteran, (B) January 1, 1957,
in the case of a surviving spouse of a World War II veteran, (C)
February 1, 1965, in the case of a surviving spouse of a Korean conflict
veteran, (D) May 8, 1985, in the case of a surviving spouse of a Vietnam
era veteran, or (E) January 1, 2001, in the case of a surviving spouse
of a veteran of the Persian Gulf War;
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or
was born to them before the marriage.
(g) In determining the annual income of a surviving spouse for the
purposes of this section, if there is a child of the veteran in the
custody of the surviving spouse, that portion of the annual income of
the child that is reasonably available to or for the surviving spouse
shall be considered to be income of the surviving spouse, unless in the
judgment of the Secretary to do so would work a hardship on the
surviving spouse.
(h) As used in this section and section 1542 of this title, the term
''veteran'' includes a person who has completed at least two years of
honorable active military, naval, or air service, as certified by the
Secretary concerned, but whose death in such service was not in line of
duty.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, 541; Pub. L.
86-211, 4, Aug. 29, 1959, 73 Stat. 434; Pub. L. 88-664, 3(c), (d),
Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90-77, title I, 101(a), 106,
title II, 202(d)-(f), Aug. 31, 1967, 81 Stat. 178, 179, 182; Pub. L.
90-275, 1(c), (d), Mar. 28, 1968, 82 Stat. 65, 66; Pub. L. 91-588,
1(c), (d), 9(d), Dec. 24, 1970, 84 Stat. 1581, 1584; Pub. L. 92-198,
1(c)-(e), Dec. 15, 1971, 85 Stat. 663, 664; Pub. L. 93-177, 1(c), (d),
2, Dec. 6, 1973, 87 Stat. 695; Pub. L. 93-527, 3, Dec. 21, 1974, 88
Stat. 1703; Pub. L. 94-169, title I, 101(2)(B), (C), (H), 103,
106(40), Dec. 23, 1975, 89 Stat. 1013, 1014, 1016, 1019; Pub. L.
94-432, title II, 203, Sept. 30, 1976, 90 Stat. 1370; Pub. L. 95-204,
title I, 102, Dec. 2, 1977, 91 Stat. 1456; Pub. L. 95-588, title I,
109(a), Nov. 4, 1978, 92 Stat. 2503; Pub. L. 102-25, title III,
333(b), Apr. 6, 1991, 105 Stat. 88; Pub. L. 102-40, title IV,
402(d)(1), May 7, 1991, 105 Stat. 239; renumbered 1541 and amended
Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 541 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1521(j)'' for
''521(j)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Pub. L. 102-40 substituted ''5312'' for ''3112''.
Subsec. (f)(1)(E). Pub. L. 102-25 added cl. (E).
Subsec. (g). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Subsec. (h). Pub. L. 102-83, 5(c)(1), substituted ''1542'' for
''542''.
1978 -- Subsec. (a). Pub. L. 95-588 revised eligibility provisions
relating to surviving spouses to apply to veterans of any period of war
rather than veterans of specifically named wars and inserted reference
to periodic increases of rate of pension payments pursuant to section
3112 of this title.
Subsec. (b). Pub. L. 95-588 qualified parental requirement of this
subsection by inserting custody provision, substituted a fixed pension
amount of $2,379 for a formula for determining such annual pension based
upon annual income of the veteran, and struck out minimum and maximum
monthly payment requirements.
Subsec. (c). Pub. L. 95-588 qualified parental requirement of this
subsection by inserting custody provision, substituted a fixed pension
amount of $3,116 for a formula for determining such annual pension based
upon annual income of the veteran, and inserted a provision authorizing
an annual pension rate increase of $600 for each family member of an
eligible veteran in excess of one.
Subsec. (d). Pub. L. 95-588 substituted provisions prescribing a
fixed amount of $3,806, as reduced by an annual income deduction, as the
annual rate of pension payable to a surviving spouse entitled to a
pension under subsec. (b) of this section and in need of regular aid
and attendance and a fixed amount of $4,543, subject to a similar
deduction for income of spouse and child, as the annual rate of pension
payable to a surviving spouse entitled to a pension under subsec. (c)
of this section and in need of such aid for provision prescribing the
monthly rate of pension payable under subsec. (c) of this section where
there is a surviving spouse and more than one child.
Subsec. (e). Pub. L. 95-588 substituted provisions relating to a
surviving spouse who is permanently housebound for provisions specifying
the eligibility requirements for such surviving spouses.
Subsec. (f). Pub. L. 95-588 substituted provisions specifying the
eligibility requirements for surviving spouses for provision defining
''veteran''.
Subsecs. (g), (h). Pub. L. 95-588 added subsecs. (g) and (h).
1977 -- Subsec. (b)(1). Pub. L. 95-204, 102(1), increased monthly
rate of pension from $125 to $133, inserted authorization for reductions
by .07 for amounts more than 2,800 but not more than 3,770, and
substituted ''1,100'' for ''1,200'' in two places, ''1,800'' for
''2,300'' in two places, and ''2,800'' for ''3,540''.
Subsec. (b)(3). Pub. L. 95-204, 102(2), substituted ''$3,770'' for
''$3,540''.
Subsec. (c)(1). Pub. L. 95-204, 102(3), increased monthly rate of
pension from $149 to $159, and substituted ''1,600'' for ''1,700'' in
two places, ''2,400'' for ''2,500'' in two places, ''2,900'' for
''3,300'' in two places, and ''5,070'' for ''4,760''.
Subsec. (c)(2). Pub. L. 95-204, 102(4), substituted ''$5,070'' for
''$4,760''.
Subsec. (d). Pub. L. 95-204, 102(5), substituted ''$26'' for
''$24''.
1976 -- Subsec. (b)(1). Pub. L. 94-432, 203(1), increased monthly
rate of pension from $117 to $125 and substituted $900 to $1,200 for
$900 to $1,500, $1,200 to $2,300 for $1,500 to $2,700 and $2,300 to
$3,540 for $2,700 to $3,300.
Subsec. (b)(3). Pub. L. 94-432, 203(2), substituted ''$3,540'' for
''$3,300''.
Subsec. (c)(1). Pub. L. 94-432, 203(3), increased monthly rate of
pension from $139 to $149 and substituted $1,100 to $1,700 for $1,100 to
$1,800, $1,700 to $2,500 for $1,800 to $2,700, $2,500 to $3,300 for
$2,700 to $3,500 and $3,300 to $4,760 for $3,500 to $4,500.
Subsec. (c)(2). Pub. L. 94-432, 203(4), substituted ''$4,760'' for
''$4,500''.
Subsec. (d). Pub. L. 94-432, 203(5), substituted ''$24'' for
''$22''.
1975 -- Pub. L. 94-169, 101(2)(H), substituted ''Surviving
Spouses'' for ''Widows'' in section catchline.
Subsec. (a). Pub. L. 94-169, 101(2)(B), substituted ''surviving
spouse'' for ''widow'' and struck out ''his'' before ''death''.
Subsec. (b). Pub. L. 94-169, 103(1), increased, effective for period
beginning Jan. 1, 1976, and ending Sept. 30, 1976, monthly rate of
pension from $108 to $117, substituted $900 to $1500 for $900 to $2100,
$1500 to $2700 for $2100 to $3000 the minimum and maximum income ranges
for which the pension rates will be reduced by 4 and 5 cents per dollar,
respectively, inserted income range of $2700 to $3300 for which the
pension rate will be reduced by 6 cents, and increased from $3000 to
$3300 the maximum income in excess of which no pension will be paid.
Subsec. (c). Pub. L. 94-169, 103(1), increased, effective for period
beginning Jan. 1, 1976, and ending Sept. 30, 1976, pension rate from
$128 to $139, substituted $1100 to $1800 for $1100 to $2100, $1800 to
$2700 for $2100 to $3000, $2700 to $3500 for $3000 to $4200 the minimum
and maximum income ranges for which the pension rates will be reduced by
2, 3 and 4 cents per dollar, respectively, inserted income range of
$3500 to $4500 for which the rate will be reduced by 5 cents, and
increased the maximum income from $4200 to $4500 in excess of which no
pension will be paid.
Subsec. (d). Pub. L. 94-169, 103(2), substituted, effective for
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, ''surviving
spouse'' for ''widow'' and ''$22'' for ''$20''.
Subsec. (e). Pub. L. 94-169, 101(2)(C), substituted ''to a surviving
spouse of a veteran under this section unless the spouse was married to
the veteran'' for ''to a widow of a veteran under this section unless
she was married to him'', and ''(D) May 8, 1985, in the case of a
surviving spouse of a Vietnam era veteran'' for ''(D) before the
expiration of ten years following termination of the Vietnam era in the
case of a widow of a Vietnam era veteran''.
Subsec. (e)(1). Pub. L. 94-169, 106(40), substituted ''surviving
spouse'' for ''widow'' in subcls. (A), (B) and (C).
1974 -- Subsec. (b). Pub. L. 93-527, 3(1), substituted ''$108'' for
''$96'', ''$900'' for ''$1400'' wherever appearing, and ''$2100'' for
''$2600'', and inserted provisions for reduction by 5 cents for each
dollar of annual income in excess of $2100 up to and including $3000,
that in no event shall monthly rate of pension be less than $5.00, and
raising the maximum income from $2600 to $3000.
Subsec. (c). Pub. L. 93-527, 3(2), substituted ''$128'' for
''$114'', and ''$2100'' for ''$2500'' wherever appearing, ''$3000'' for
''$3400'' wherever appearing, and ''$4200'' for ''$3800'' wherever
appearing.
Subsec. (d). Pub. L. 93-527, 3(3), substituted ''$20'' for ''$18''.
Subsec. (f). Pub. L. 93-527, 3(4), added subsec. (f).
1973 -- Subsec. (b). Pub. L. 93-177, 1(c), substituted ''$86'' for
''$87'' and ''$1,400'' for ''$1,900''.
Subsec. (c). Pub. L. 93-177, 1(d), substituted ''$700'' for
''$600'', ''$114'' for ''$104'', ''$1,100'' for ''$1,400'', ''$2,500''
for ''$2,700'', and ''$3,400'' for ''$3,800'' in existing provisions and
inserted provision for a reduction of 4 cents in monthly rate for each
$1 of annual income in excess of $3,400 up to and including $3,800.
Subsec. (d). Pub. L. 93-177, 2, substituted ''$18'' for ''$17''.
1971 -- Subsec. (b). Pub. L. 92-198, 1(c), substituted formula for
computing monthly pension rates of widow without child by providing for
a maximum monthly pension for each group within designated income
category and for computing each individual's monthly pension by reducing
the maximum rate by a specified number of cents for each dollar by which
the minimum income limitation for that group is exceeded, for table
setting out income and pension rates, and raised the maximum income from
$2,300 to $2,600.
Subsec. (c). Pub. L. 92-198, 1(d), substituted formula for computing
monthly pension rates of widow with one child by providing for a maximum
monthly pension for each group with designated annual income category
and for computing each individual's monthly benefit rate by reducing the
maximum rate by a specified number of cents for each dollar by which the
minimum income limitation for that group is exceeded, for table setting
out income and pension rates, and further providing that whenever the
monthly rate payable is less than the amount payable to the child under
section 542 of this title, the widow would be paid at the child's rate,
and raised the maximum income from $3,500 to $3,800.
Subsec. (d). Pub. L. 92-198, 1(e), substituted ''$17'' for ''$16''.
1970 -- Pub. L. 91-588, 9(d)(3), inserted reference to Mexican
border period in section catchline.
Subsec. (a). Pub. L. 91-588, 9(d)(1), inserted reference to Mexican
border period.
Subsec. (b). Pub. L. 91-588, 1(c), provided new annual income limits
to measure monthly pension rates of widow without child by inserting
minimum income limits of $2,000, $2,100, and $2,200 with maximum limits
of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17,
respectively, and within existing annual income limits from a maximum of
$300 to a maximum of $2,000, as well as the in-between limits set out in
one-hundred dollar increments, the applicable monthly benefit for each
limit was amended, respectively, by substituting in column II ''$81''
for ''$74'', ''80'' for ''73'', ''79'' for ''72'', ''78'' for ''70'',
''76'' for ''67'', ''73'' for ''64'', ''70'' for ''61'', ''67'' for
''58'', ''64'' for ''55'', ''61'' for ''51'', ''58'' for ''48'', ''55''
for ''45'', ''51'' for ''41'', ''48'' for ''37'', ''45'' for ''33'',
''41'' for ''29'', ''37'' for ''23'', and ''33'' for ''17''.
Subsec. (c). Pub. L. 91-588, 1(d), provided new annual income limits
to measure monthly pension rates of widow with one child by inserting
minimum income limits of $3,200, $3,300, and $3,400 with maximum limits
of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41,
respectively, and within existing annual income limits from a maximum of
$600 to a maximum of $3,200, as well as the in-between limits set out in
one-hundred dollar increments, the applicable monthly benefit for each
limit was amended, respectively, by substituting in column II ''$99''
for ''$90'', ''98'' for ''89'', ''97'' for ''88'', ''96'' for ''87'',
''95'' for ''86'', ''94'' for ''85'', ''92'' for ''83'', ''90'' for
''81'', ''88'' for ''79'', ''86'' for ''77'', ''84'' for ''75'', ''82''
for ''73'', ''80'' for ''71'', ''78'' for ''69'', ''76'' for ''67'',
''74'' for ''65'', ''72'' for ''63'', ''70'' for ''61'', ''68'' for
''59'', ''66'' for ''57'', ''64'' for ''55'', ''62'' for ''53'', ''59''
for ''51'', ''56'' for ''48'', ''53'' for ''45'', ''51'' for ''43'', and
''48'' for ''41''.
Subsec. (e)(1). Pub. L. 91-588, 9(d)(2), inserted reference to
Mexican border period.
1968 -- Subsec. (b). Pub. L. 90-275, 1(c), in providing new annual
income limits to measure monthly pension rates of widow without child,
substituted minimum income limit of $300 for monthly benefit of $74 for
former $600 limit for monthly benefit of $70, maximum income limit of
$2,000 for monthly benefit of $17 for former $1,800 limit for monthly
benefit of $29, and sixteen other in-between limits in one hundred
dollar increments from more than $300 to less than $1,900 for monthly
benefits of $73 to $23 for former in-between limit of more than $600 but
less than $1,200 for monthly benefit of $51.
Subsec. (c). Pub. L. 90-275, 1(d), in providing new annual income
limits to measure monthly pension rates of widow with one child,
substituted minimum income limit of $600 for monthly benefit of $90 for
former $1,000 limit for monthly benefit of $86, maximum income limit of
$3,200 for monthly benefit of $41 for former $3,000 limit for monthly
benefit of $45, and twenty-five other in-between limits in one hundred
dollar increments from more than $600 to less than $3,100 for monthly
benefits of $89 to $43 for former in-between limit of more than $1,000
but less than $2,000 for monthly benefit of $67.
1967 -- Pub. L. 90-77, 202(f), inserted reference to Vietnam era in
section catchline.
Subsec. (a). Pub. L. 90-77, 202(d), inserted reference to Vietnam
era.
Subsec. (b). Pub. L. 90-77, 106(a), increased monthly pension rate
in column II from $64, $48, and $27 to $70, $51, and $29, respectively.
Subsec. (c). Pub. L. 90-77, 106(b), increased monthly pension rate
in column II from $80, $64, and $43 to $86, $67, and $45, respectively.
Subsec. (d). Pub. L. 90-77, 106(c), substituted ''$16'' for ''$15''.
Subsec. (e)(1). Pub. L. 90-77, 202(e), added item (D).
Subsec. (e)(2), (3). Pub. L. 90-77, 101(a), qualified widow of a
veteran for a pension by reducing in par. (2) the requisite marriage
period from five years to one year and by making her eligible for
benefits in par. (3) in event of antenuptial birth.
1964 -- Subsec. (b). Pub. L. 88-664, 3(c), increased monthly
pension rate in column II from $60, $45, and $25 to $64, $48, and $27,
respectively.
Subsec. (c). Pub. L. 88-664, 3(d), increased monthly pension rate in
column II from $75, $60, and $40 to $80, $64, and $43, respectively.
1959 -- Pub. L. 86-211 included widows of World War II and Korean
conflict veterans in section catchline.
Subsec. (a). Pub. L. 86-211 included widows of World War II and
Korean conflict veterans, and struck out provisions which authorized
payment of a monthly pension of $50.40 to a widow with no child and $63
to a widow with one child, with $7.56 for each additional child. See
subsecs. (b) to (d) of this section.
Subsecs. (b) to (e). Pub. L. 86-211 added subsecs. (b) to (d),
redesignated former subsec. (b) as (e), and inserted provisions
relating to the date by which a widow was required to be married to a
veteran of World War II or the Korean conflict.
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401
of Pub. L. 95-588, set out as a note under section 101 of this title.
Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section 302
of Pub. L. 95-204, set out as a note under section 1122 of this title.
Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section
405(b) of Pub. L. 94-432, set out as a note under section 1521 of this
title.
Sections 101 and 106 of Pub. L. 94-169 provided that the amendments
made by those sections are effective Jan. 1, 1976.
Section 103 of Pub. L. 94-169, as amended by section 101 of Pub. L.
94-432, eff. Sept. 30, 1976, provided that the amendment made by that
section is effective Jan. 1, 1976.
Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section 10
of Pub. L. 93-527, set out as a note under section 1521 of this title.
Amendment by Pub. L. 93-177 effective Jan. 1, 1974, see section 8
of Pub. L. 93-177, set out as a note under section 1521 of this title.
Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6
of Pub. L. 92-198, set out as a note under section 1521 of this title.
Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section
10(a) of Pub. L. 91-588, set out as a note under section 1521 of this
title.
Amendment Pub. L. 90-275 effective Jan. 1, 1969, see section 6(a)
of Pub. L. 90-275, set out as a note under section 1521 of this title.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section 11
of Pub. L. 88-664, set out as a note under section 1503 of this title.
Amendment by Pub. L. 86-211 effective July 1, 1960, see section 10
of Pub. L. 86-211, set out as a note under section 1521 of this title.
Payments for balance of calendar year 1968 and calendar year 1969,
calendar year 1970, and during each successive calendar year at
prescribed monthly rates when payments would be less under this title as
a result of increase in monthly insurance benefits provided by Social
Security Amendments of 1967, see section 3 of Pub. L. 90-275, set out
as a note under section 1521 of this title.
section 8624.
38 USC 1542. Children of veterans of a period of war
TITLE 38 -- VETERANS' BENEFITS
The Secretary shall pay to each child (1) who is the child of a
deceased veteran of a period of war who met the service requirements
prescribed in section 1521(j) of this title, or who at the time of death
was receiving (or entitled to receive) compensation or retirement pay
for a service-connected disability, and (2) who is not in the custody of
a surviving spouse eligible for pension under section 1541 of this
title, pension at the annual rate of $600, as increased from time to
time under section 5312 of this title and reduced by the amount of such
child's annual income; or, if such child is residing with a person who
is legally responsible for such child's support, at an annual rate equal
to the amount by which the appropriate annual rate provided under
section 1541(c) of this title exceeds the sum of the annual income of
such child and such person, but in no event may such annual rate of
pension exceed the amount by which $600, as increased from time to time
under section 5312 of this title, exceeds the annual income of such
child. The appropriate annual rate under such section 1541(c) for the
purposes of the preceding sentence shall be determined in accordance
with regulations which the Secretary shall prescribe.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, 542; Pub. L.
86-211, 4, Aug. 29, 1959, 73 Stat. 435; Pub. L. 88-664, 4, Oct. 13,
1964, 78 Stat. 1095; Pub. L. 90-77, title I, 107, title II, 202(g),
(h), Aug. 31, 1967, 81 Stat. 180, 182; Pub. L. 91-588, 3(c), 9(e),
Dec. 24, 1970, 84 Stat. 1583, 1585; Pub. L. 92-198, 1(f), Dec. 15,
1971, 85 Stat. 664; Pub. L. 93-177, 3, Dec. 6, 1973, 87 Stat. 695;
Pub. L. 93-527, 4, Dec. 21, 1974, 88 Stat. 1703; Pub. L. 94-169, title
I, 101(2)(D), 104, Dec. 23, 1975, 89 Stat. 1014, 1016; Pub. L.
94-432, title II, 204, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95-204,
title I, 103, Dec. 2, 1977, 91 Stat. 1457; Pub. L. 95-588, title I,
110(a), Nov. 4, 1978, 92 Stat. 2504; Pub. L. 102-40, title IV,
402(d)(1), May 7, 1991, 105 Stat. 239; renumbered 1542 and amended
Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 542 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1521(j)'' for ''521(j)'',
''1541'' for ''541'', and ''1541(c)'' for ''541(c)'' in two places.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in two places.
Pub. L. 102-40 substituted ''5312'' for ''3112'' in two places.
1978 -- Pub. L. 95-588 amended section generally to speak in terms
of children of veterans of any period of war rather than children of
veterans of specifically named conflicts, restructured section to
eliminate subsection designations, struck out provision formerly
comprising subsec. (b) of this section which related to payment of
pensions to recipient children in equal shares, and inserted reference
to periodic pension increases pursuant to section 3112 of this title.
1977 -- Subsec. (a). Pub. L. 95-204, 103(1), substituted ''$61''
and ''$26'' for ''$57'' and ''$24'', respectively.
Subsec. (c). Pub. L. 95-204, 103(2), substituted ''$3,080'' for
''$2,890''.
1976 -- Subsec. (a). Pub. L. 94-432, 204(1), substituted ''$57''
and ''$24'' for ''$53'' and ''$22'', respectively.
Subsec. (c). Pub. L. 94-432, 204(2), substituted ''$2,890'' for
''$2,700''.
1975 -- Subsec. (a). Pub. L. 94-169, 101(2)(D), 104(1),
substituted ''surviving spouse'' for ''widow'', struck out ''his''
before ''death,'' and, effective for period beginning Jan. 1, 1976, and
ending Sept. 30, 1976, substituted ''$53'' for ''$49'' and ''$22'' for
''$20''.
Subsec. (c). Pub. L. 94-169, 104, substituted, effective for period
beginning Jan. 1, 1976, and ending Sept. 30, 1976, ''$2700'' for
''$2400''.
1974 -- Subsec. (a). Pub. L. 93-527, 4(1), substituted ''$49'' and
''$20'' for ''$44'' and ''$18'' respectively.
Subsec. (c). Pub. L. 93-527, 4(2), substituted ''$2,400'' for
''$2,000''.
1973 -- Subsec. (a). Pub. L. 93-177 substituted ''$44'' for ''$42''
and ''$18'' for ''$17''.
1971 -- Subsec. (a). Pub. L. 92-198 substituted ''$42'' and ''$17''
for ''$40'' and ''$16'' respectively.
1970 -- Pub. L. 91-588, 9(e)(2), inserted reference to Mexican
border period in section catchline.
Subsec. (a). Pub. L. 91-588, 9(e)(1), inserted reference to Mexican
border period.
Subsec. (c). Pub. L. 91-588, 3(c), substituted ''$2,000'' for
''$1,800''.
1967 -- Pub. L. 90-77, 202(h), inserted reference to Vietnam era in
section catchline.
Subsec. (a). Pub. L. 90-77, 107, 202(g), substituted ''$40'' and
''$16'' for ''$38'' and ''$15'' and included reference to Vietnam era,
respectively.
1964 -- Subsec. (a). Pub. L. 88-664 increased monthly pension for
one child from $35 to $38.
1959 -- Pub. L. 86-211 included children of World War II and Korean
conflict veterans in section catchline.
Subsec. (a). Pub. L. 86-211 included children of World War II and
Korean conflict veterans, and substituted provisions authorizing the
payment of a monthly pension of $35 for one child with $15 for each
additional child for provisions which authorized the payment of $27.30
for one child, $40.95 for two children, $54.60 for three children and
$7.56 for each additional child.
Subsec. (c). Pub. L. 86-211 added subsec. (c).
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401
of Pub. L. 95-588, set out as a note under section 101 of this title.
Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section 302
of Pub. L. 95-204, set out as a note under section 1122 of this title.
Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section
405(b) of Pub. L. 94-432, set out as a note under section 1521 of this
title.
Section 101 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
Section 104 of Pub. L. 94-169, as amended by section 101 of Pub. L.
94-432, eff. Sept. 30, 1976, provided that the amendment made by that
section is effective Jan. 1, 1976.
Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section 10
of Pub. L. 93-527, set out as a note under section 1521 of this title.
Amendment by Pub. L. 93-177 effective Jan. 1, 1974, see section 8
of Pub. L. 93-177, set out as a note under section 1521 of this title.
Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6
of Pub. L. 92-198, set out as a note under section 1521 of this title.
Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section
10(a) of Pub. L. 91-588, set out as a note under section 1521 of this
title.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section 11
of Pub. L. 88-664, set out as a note under section 1503 of this title.
Amendment by Pub. L. 86-211 effective July 1, 1960, see section 10
of Pub. L. 86-211, set out as a note under section 1521 of this title.
8624.
38 USC 1543. Net worth limitation
TITLE 38 -- VETERANS' BENEFITS
(a)(1) The Secretary shall deny or discontinue payment of pension to
a surviving spouse under section 1541 of this title when the corpus of
the estate of the surviving spouse is such that under all the
circumstances, including consideration of the income of the surviving
spouse and the income of any child from whom the surviving spouse is
receiving increased pension, it is reasonable that some part of the
corpus of such estate be consumed for the surviving spouse's
maintenance.
(2) The Secretary shall deny or discontinue the payment of increased
pension under subsection (c), (d), or (e) of section 1541 of this title
on account of a child when the corpus of such child's estate is such
that under all the circumstances, including consideration of the income
of the surviving spouse and such child and the income of any other child
for whom the surviving spouse is receiving increased pension, it is
reasonable that some part of the corpus of the child's estate be
consumed for the child's maintenance. During the period such denial or
discontinuance remains in effect, such child shall not be considered as
the surviving spouse's child for purposes of this chapter.
(b) The Secretary shall deny or discontinue payment of pension to a
child under section 1542 of this title when the corpus of the estate of
the child is such that under all the circumstances, including
consideration of the income of the child, the income of any person with
whom such child is residing who is legally responsible for such child's
support, and the corpus of the estate of such person, it is reasonable
that some part of the corpus of such estates be consumed for the child's
maintenance.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, 543; Pub. L.
86-211, 4, Aug. 29, 1959, 73 Stat. 435; Pub. L. 94-169, title I,
101(2)(E), Dec. 23, 1975, 89 Stat. 1014; Pub. L. 95-588, title I, 111,
Nov. 4, 1978, 92 Stat. 2504; renumbered 1543 and amended Pub. L.
102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 543 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1541'' for
''541'' in pars. (1) and (2).
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in pars. (1) and (2).
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''1542'' for
''542''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
1978 -- Pub. L. 95-588 designated existing provisions relating to
denial or discontinuance of pension payments to surviving spouses as
subsec. (a), expanded existing provisions relating to denial or
discontinuance of pension payments to children of veterans, and
designated such expanded provisions as subsecs. (a)(2) and (b).
1975 -- Pub. L. 94-169 substituted ''surviving spouse'' for
''widow''.
1959 -- Pub. L. 86-211 substituted provisions requiring the denial
or discontinuance of payment of pension to a widow or child when the
corpus of the estate of the survivor concerned is such that under all
the circumstances, including consideration of income, it is reasonable
that some part of the corpus be consumed for the survivor's maintenance
for provisions which authorized the payment of a pension to widows of
World War II or Korean conflict veterans. See section 1541 of this
title.
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401
of Pub. L. 95-588, set out as a note under section 101 of this title.
Section 101 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
Amendment by Pub. L. 86-211 effective July 1, 1960, see section 10
of Pub. L. 86-211, set out as a note under section 1521 of this title.
38 USC (Surviving Spouses of Veterans of All Periods of War -- Repealed)
TITLE 38 -- VETERANS' BENEFITS
1978 -- Pub. L. 95-588, title I, 112(a)(2), Nov. 4, 1978, 92 Stat.
2505, struck out heading ''Surviving Spouses of Veterans of All Periods
of War'' below section 543 (now 1543).
1975 -- Pub. L. 94-169, title I, 101(2)(I), Dec. 23, 1975, 89
Stat. 1014, substituted ''Surviving Spouses'' for ''Widows'' in heading
below section 543.
38 USC ( 1544. Vacant)
TITLE 38 -- VETERANS' BENEFITS
Prior to renumbering of sections 501 to 543 of this chapter as
sections 1501 to 1543 by Pub. L. 102-83, 5(a), Aug. 6, 1991, 105
Stat. 406, section 544 of this chapter, added Pub. L. 90-77, title I,
108(a), Aug. 31, 1967, 81 Stat. 180; amended Pub. L. 91-588, 3(a),
Dec. 24, 1970, 84 Stat. 1583; Pub. L. 93-527, 5, Dec. 21, 1974, 88
Stat. 1704; Pub. L. 94-169, title I, 105, Dec. 23, 1975, 89 Stat.
1017; Pub. L. 94-432, title II, 205, Sept. 30, 1976, 90 Stat. 1371;
Pub. L. 95-204, title I, 104, Dec. 2, 1977, 91 Stat. 1457, which
authorized an increase by $79 of the monthly rate of pension payable to
the surviving spouse if the surviving spouse was entitled to pension
under this subchapter and was in need of regular aid and attendance, was
repealed by Pub. L. 95-588, title I, 112(a)(1), title IV, 401, Nov.
4, 1978, 92 Stat. 2505, 2511, effective Jan. 1, 1979.
38 USC SUBCHAPTER IV -- ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF
HONOR ROLL
TITLE 38 -- VETERANS' BENEFITS
1963 -- Pub. L. 88-77, 5(3), July 25, 1963, 77 Stat. 96,
substituted ''ARMY, NAVY, AIR FORCE, AND COAST GUARD'' for ''ARMY, NAVY,
AND AIR FORCE'' in subchapter heading.
38 USC 1560. Medal of Honor Roll; persons eligible
TITLE 38 -- VETERANS' BENEFITS
(a) There shall be in the Department of the Army, the Department of
the Navy, the Department of the Air Force, and the Department of
Transportation, respectively, a roll designated as the ''Army, Navy, Air
Force, and Coast Guard Medal of Honor Roll''.
(b) Upon written application to the Secretary concerned, that
Secretary shall enter and record on such roll the name of each surviving
person who has served on active duty in the armed forces of the United
States and who has been awarded a medal of honor for distinguishing such
person conspicuously by gallantry and intrepidity at the risk of such
person's life above and beyond the call of duty while so serving.
(c) Applications for entry on such roll shall be made in the form and
under regulations prescribed by the Secretary concerned, and shall
indicate whether or not the applicant desires to receive the special
pension provided by section 1562 of this title. Proper blanks and
instructions shall be furnished by the Secretary concerned, without
charge upon the request of any person claiming the benefits of this
subchapter.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1139, 560; Pub. L.
87-138, 1, Aug. 14, 1961, 75 Stat. 338; Pub. L. 88-77, 5(1), July 25,
1963, 77 Stat. 95; Pub. L. 88-651, Oct. 13, 1964, 78 Stat. 1078; Pub.
L. 89-311, 4, Oct. 31, 1965, 79 Stat. 1156; Pub. L. 91-24, 5, June
11, 1969, 83 Stat. 33; Pub. L. 94-169, title I, 106(41), Dec. 23,
1975, 89 Stat. 1019; renumbered 1560 and amended Pub. L. 102-83,
4(b)(4)(A), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 405, 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 560 of this title
as this section.
Subsec. (b). Pub. L. 102-83, 4(b)(4)(A), substituted ''that
Secretary'' for second reference to ''the Secretary''.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''1562'' for
''562''.
1975 -- Subsec. (b). Pub. L. 94-169 substituted ''such person'' for
''himself'' and ''such person's'' for ''his''.
1969 -- Subsec. (a). Pub. L. 91-24 substituted ''Department of
Transportation'' for ''Department of the Treasury''.
1965 -- Subsec. (b). Pub. L. 89-311 struck out requirement that
prospective enrollees have attained the age of forty before being
eligible for entry on the roll.
1964 -- Subsec. (b). Pub. L. 88-651 substituted ''forty years'' for
''fifty years'' and ''beyond the call of duty while so serving'' for
''beyond the call of duty --
''(1) while engaged in action against an enemy of the United States;
''(2) while engaged in military operations involving conflict with an
opposing foreign force; or
''(3) while serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United States is
not a belligerent party.''
1963 -- Subsec. (a). Pub. L. 88-77 inserted references to Department
of the Treasury and to Coast Guard.
Subsec. (b). Pub. L. 88-77 enlarged the authority to enter and record
names on the Medal of Honor Roll, which was limited to persons who
served in the active military, naval or air service of the United States
in any war, and who distinguished themselves by gallantry or intrepidity
in action involving actual conflict with an enemy, to permit entering
and recording names of persons who served on active duty in the Armed
Forces of the United States distinguish themselves by gallantry and
intrepidity while engaged in action against an enemy of the United
States, while engaged in military operations involving conflict with an
opposing foreign force, or while serving with friendly foreign forces
engaged in an armed conflict against an opposing armed force in which
the United States is not a belligerent party.
1961 -- Subsec. (b). Pub. L. 87-138, 1(a), reduced the age
requirement for entry on the Medal of Honor Roll from 65 to 50 years and
struck out requirement that such person must have received an honorable
discharge.
Subsec. (c). Pub. L. 87-138, 1(b), required applicants to indicate
if they wished to receive the pension provided by section 562 of this
title.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
Amendment by Pub. L. 89-311 effective first day of second calendar
month following Oct. 31, 1965, see section 9 of Pub. L. 89-311, set
out as a note under section 1114 of this title.
Section 4 of Pub. L. 87-138 provided that: ''The amendments made by
this Act (amending this section and sections 561 and 562 (now 1561 and
1562) of this title) shall take effect on the first day of the first
month which begins after the date of the enactment of this Act (Aug. 14,
1961), except that the amendments made by subsection (b) of the first
section (amending subsec. (c) of this section) and by section 2
(amending section 561 (now 1561) of this title) shall not apply with
respect to any application under section 560 (now 1560) of title 38,
United States Code, made before such first day by any person who
fulfilled the qualifications prescribed by subsection (b) of such
section at the time such application was made.''
38 USC 1561. Certificate
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary concerned shall determine whether or not each
applicant is entitled to have such person's name entered on the Army,
Navy, Air Force, and Coast Guard Medal of Honor Roll. If the official
award of the Medal of Honor to the applicant, or the official notice to
such person thereof, shows that the Medal of Honor was awarded to the
applicant for an act described in section 1560 of this title, such award
or notice shall be sufficient to entitle the applicant to have such
person's name entered on such roll without further investigation;
otherwise all official correspondence, orders, reports, recommendations,
requests, and other evidence on file in any public office or department
shall be considered.
(b) Each person whose name is entered on the Army, Navy, Air Force,
and Coast Guard Medal of Honor Roll shall be furnished a certificate of
service and of the act of heroism, gallantry, bravery, or intrepidity
for which the Medal of Honor was awarded, of enrollment on such roll,
and, if such person has indicated such person's desire to receive the
special pension provided by section 1562 of this title, of such person's
right to such special pension.
(c) The Secretary concerned shall deliver to the Secretary a
certified copy of each certificate issued under subsection (b) in which
the right of the person named in the certificate to the special pension
provided by section 1562 of this title is set forth. Such copy shall
authorize the Secretary to pay such special pension to the person named
in the certificate.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1139, 561; Pub. L.
87-138, 2(a), Aug. 14, 1961, 75 Stat. 338; Pub. L. 88-77, 5(2), July
25, 1963, 77 Stat. 95; Pub. L. 94-169, title I, 106(42), (43), Dec.
23, 1975, 89 Stat. 1019; renumbered 1561 and amended Pub. L. 102-83,
4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 561 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1560'' for
''560''.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''1562'' for
''562''.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''1562'' for
''562''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' after ''the'' in two places.
1975 -- Subsec. (a). Pub. L. 94-169, 106(42), substituted ''such
person's'' for ''his'' wherever appearing, and ''such person'' for
''him''.
Subsec. (b). Pub. L. 94-169, 106(42), substituted ''such person''
for ''he'' and ''such person's'' for ''his'' wherever appearing.
Subsec. (c). Pub. L. 94-169, 106(43), struck out ''by him'' after
''certificate issued''.
1963 -- Subsecs. (a), (b). Pub. L. 88-77 inserted references to the
Coast Guard.
1961 -- Pub. L. 87-138 struck out ''entitling holder to pension'',
after ''Certificate'' in section catchline.
Subsec. (a). Pub. L. 87-138 substituted ''have his name entered on
the Army, Navy, and Air Force Medal of Honor Roll'' for ''the benefits
of this subchapter'', and ''have his name entered on such roll'' for
''special pension under this subchapter''.
Subsec. (b). Pub. L. 87-138 inserted provisions relating to the
enrollee's indication of desire to receive pension.
Subsec. (c). Pub. L. 87-138 required the copy to set forth the right
of the person named in the certificate to the pension.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
Amendment by Pub. L. 87-138 effective Sept. 1, 1961, except that it
shall not apply with respect to applications under section 1560
(formerly 560) of this title made prior to Sept. 1, 1961, by anyone who
fulfilled the qualifications prescribed by subsec. (b) of such section
1560 (formerly 560) at the time such application was made, see section 4
of Pub. L. 87-138, set out as a note under section 1560 of this title.
38 USC 1562. Special provisions relating to pension
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall pay monthly to each 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 (c) of section 1561 of this title, a special
pension at the rate of $200, beginning as of the date of application
therefor under section 1560 of this title.
(b) The receipt of special pension shall not deprive any person of
any other pension or other benefit, right, or privilege to which such
person is or may hereafter be entitled under any existing or subsequent
law. Special pension shall be paid in addition to all other payments
under laws of the United States.
(c) Special pension shall not be subject to any attachment,
execution, levy, tax lien, or detention under any process whatever.
(d) If any person has been awarded more than one medal of honor, such
person shall not receive more than one special pension.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1140, 562; Pub. L.
87-138, 3, Aug. 14, 1961, 75 Stat. 339; Pub. L. 88-77, 5(2), July 25,
1963, 77 Stat. 95; Pub. L. 94-169, title I, 106(44), (45), Dec. 23,
1975, 89 Stat. 1019; Pub. L. 95-479, title III, 302, Oct. 18, 1978, 92
Stat. 1565; renumbered 1562 and amended Pub. L. 102-83, 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
Prior sections 1601, 1602, 1621 to 1625, 1631 to 1634, 1641, and
1643, which comprised chapter 32, were renumbered sections 3201, 3202,
3221 to 3225, 3231 to 3234, 3241, and 3243 of this title, respectively.
Prior section 1642, Pub. L. 94-502, title IV, 404, Oct. 15, 1976, 90
Stat. 2397; amended Pub. L. 97-295, 4(37), Oct. 12, 1982, 96 Stat.
1307; Pub. L. 101-237, title IV, 423(b)(1)(A), (4)(A), Dec. 18, 1989,
103 Stat. 2092, which directed Secretary of Veterans Affairs and
Secretary of Defense to submit a joint report annually on operations of
program provided under chapter 32 of this title, was repealed by Pub.
L. 102-16, 5(a), Mar. 22, 1991, 105 Stat. 50.
Other prior sections 1601, 1610 to 1613, 1620 to 1626, 1631 to 1634,
1641 to 1645, 1651 to 1656, and 1661 to 1669, Pub. L. 85-857, Sept. 2,
1958, 72 Stat. 1174-1192; Pub. L. 86-150, Aug. 11, 1964, 73 Stat.
332; Pub. L. 87-815, 1, Oct. 15, 1962, 76 Stat. 926; Pub. L.
88-361, 7, July 7, 1964, 78 Stat. 298, which comprised chapter 33,
Education of Korean Conflict Veterans, were repealed by Pub. L. 89-358,
4(a), Mar. 3, 1966, 80 Stat. 23.
Section 1601 defined ''basic service period'', ''eligible veteran'',
''program of education or training'', ''course'', ''dependent'',
''educational institutions'', ''training establishments'', ''State'',
and ''Commissioner'', made benefits unavailable to individuals serving
as commissioned officers of Coast and Geodetic Survey or of Regular or
Reserve Corps of the Public Health Service unless the service qualified
those individuals for benefits under title II of the Veteran's
Readjustment Assistance Act of 1952, and declared Congressional policy.
See sections 3451(3), (4) and 3452(a)(1), (3)(A), (B), (b) to (d) of
this title.
Section 1610 provided for entitlement to education or training
generally. See section 3461(a) of this title.
Section 1611 related to duration of veteran's education or training.
See sections 3452(a)(3)(A), (B), 3461(a), (b)(1), (3), (4), (c), and
3482(c)(2) of this title.
Section 1612 related to commencement of education and time
limitations. See section 3462 of this title.
Section 1613 provided for expiration of all education and training.
See section 3462(a) of this title.
Section 1620 related to selections of program. See sections 3470 and
3476 of this title.
Section 1621 provided for applications and approval of applications.
See section 3471 of this title.
Section 1622 related to change of program. See section 3691 of this
title.
Section 1623 provided for disapproval of enrollment in certain
courses. See section 3473(a) and (d) of this title.
Section 1624 provided discontinuance for unsatisfactory progress.
See section 3474 of this title.
Section 1625 provided for a period of operation for approval. See
section 3689 of this title.
Section 1626 related to institutions listed by Attorney General.
Similar provisions were classified to section 1789 of this title,
renumbered section 1793, and subsequently repealed by section 511(1) of
Pub. L. 94-502.
Section 1631 provided for education and training allowance. See
section 3481(a), (b), (d), and (e) of this title.
Section 1632 provided for computation of education and training
allowances for institutional courses, apprentice and on-the-job
training, on-farm training, correspondence and flight training courses,
and less-than-half time basis courses. See sections 3482(a), (b)(2),
(c)(1) and 3681 of this title.
Section 1633 related to measurement of courses.
Section 1634 related to overcharges by educational institutions.
Section 1641 related to designation of State approving agencies. See
section 3671 of this title.
Section 1642 related to approval of courses. See section 3672 of
this title.
Section 1643 provided for cooperation between the Administrator and
the State approving agencies. See section 3673 of this title.
Section 1644 provided for use of Office of Education and other
Federal agencies. See section 3690 of this title.
Section 1645 provided for reimbursement of expenses. See section
3674 of this title.
Section 1651 provided for apprentice or other training on the job.
Section 1652 provided for institutional on-farm training for Korean
conflict veterans.
Section 1653 provided for approval of accredited courses for Korean
conflict veterans. See section 3675 of this title.
Section 1654 provided for approval of nonaccredited courses for
Korean conflict veterans. See section 3676 of this title.
Section 1655 provided for notice of approval of courses for Korean
conflict veterans. See section 3677 of this title.
Section 1656 provided for disapproval of courses and discontinuance
of allowances for Korean conflict veterans. See section 3678 of this
title.
Section 1661 related to authority and duties of Administrator
concerning education of Korean conflict veterans.
Section 1662 related to Advisory Committee. See section 3688 of this
title.
Section 1663 provided for control by agencies of United States. See
section 3682 of this title.
Section 1664 related to conflicting interests by officers or
employees of the Veterans Administration, Office of Education, or State
approving agency. See section 3683 of this title.
Section 1665 related to reports by institutions concerning Korean
conflict veterans. See section 3684 of this title.
Section 1666 related to overpayments to Korean conflict veterans.
See section 3685 of this title.
Section 1667 related to examination of records of Korean conflict
veterans. See section 3686 of this title.
Section 1668 related to submitting false and misleading claims by
Korean conflict veterans or educational institutions. See section 3687
of this title.
Section 1669 related to information furnished by Federal Trade
Commission to State approving agencies.
Prior sections 1651, 1652, 1661, 1662, 1670, 1671, 1673, 1674, 1676,
1681, 1682, 1683 to 1685, and 1690 to 1693, which comprised chapter 34,
were renumbered 3451, 3452, 3461, 3462, 3470, 3471, 3473, 3474, 3476,
3481, 3482, 3483 to 3485, and 3490 to 3493, respectively, of this title.
Prior section 1663, added Pub. L. 89-358, 2, Mar. 3, 1966, 80
Stat. 15; amended Pub. L. 94-502, title II, 211(4), Oct. 15, 1976,
90 Stat. 2388; Pub. L. 95-202, title III, 302(a), Nov. 23, 1977, 91
Stat. 1440; Pub. L. 99-576, title III, 312, Oct. 28, 1986, 100 Stat.
3273; Pub. L. 101-237, title IV, 423(b)(1)(A), Dec. 18, 1989, 103
Stat. 2092, which related to educational and vocational counseling, was
repealed by Pub. L. 102-16, 2(b)(1)(A), Mar. 22, 1991, 105 Stat. 49.
See section 3697A of this title.
Prior section 1672, added Pub. L. 89-358, 2, Mar. 3, 1966, 80
Stat. 15, which related to change of program by veteran, was repealed
by Pub. L. 92-540, title IV, 401(6), Oct. 24, 1972, 86 Stat. 1090.
See section 3691 of this title.
Prior section 1675, added Pub. L. 89-358, 2, Mar. 3, 1966, 80
Stat. 16, which related to period of operation for approval by
Administrator, was repealed by Pub. L. 92-540, title IV, 401(6), Oct.
24, 1972, 86 Stat. 1090. See section 3689 of this title.
Prior section 1677, added Pub. L. 90-77, title III, 302(b), Aug.
31, 1967, 81 Stat. 185; amended Pub. L. 90-631, 5, Oct. 23, 1968,
82 Stat. 1335; Pub. L. 91-219, title I, 102, title II, 203, Mar.
26, 1970, 84 Stat. 76, 78; Pub. L. 92-540, title I, 102(1), title IV,
401(3), Oct. 24, 1972, 86 Stat. 1075, 1090; Pub. L. 93-508, title
I, 102(1), Dec. 3, 1974, 88 Stat. 1579; Pub. L. 93-602, title II,
203(a), Jan. 2, 1975, 88 Stat. 1958; Pub. L. 95-202, title I,
102(1), Nov. 23, 1977, 91 Stat. 1433; Pub. L. 96-466, title II,
201(1), 211(1), title VI, 603(a), Oct. 17, 1980, 94 Stat. 2187, 2189,
2209, which set forth provisions respecting eligibility, approval, etc.,
for flight training, was repealed by Pub. L. 97-35, title XX,
2003(b)(3)(A), 2006, Aug. 13, 1981, 95 Stat. 782, 783, effective Oct.
1, 1981, except as otherwise provided for persons receiving educational
assistance.
Prior section 1678, added Pub. L. 90-77, title III, 306(a), Aug.
31, 1967, 81 Stat. 188, which related to special training for
educationally disadvantaged, was repealed by Pub. L. 91-219, title II,
204(a)(2), Mar. 26, 1970, 84 Stat. 79. See subchapter V of chapter 34
of this title.
Prior section 1682A, added Pub. L. 95-202, title II, 201(a), Nov.
23, 1977, 91 Stat. 1436; amended Pub. L. 97-295, 4(41), Oct. 12,
1982, 96 Stat. 1308, which related to accelerated payment of
educational assistance allowances, was repealed by Pub. L. 100-689,
title I, 124(a), Nov. 18, 1988, 102 Stat. 4174.
Another prior section 1683, which related to measurement of courses,
was renumbered section 1684 and subsequently repealed by Pub. L.
92-540, title III, 304, Oct. 24, 1972, 86 Stat. 1081.
Another prior section 1683, added Pub. L. 90-77, title III, 304(a),
Aug. 31, 1967, 81 Stat. 186; amended Pub. L. 91-219, title I,
103(e), Mar. 26, 1970, 84 Stat. 77; Pub. L. 91-584, 7, Dec. 24,
1970, 84 Stat. 1576, which related to apprenticeship or other on-job
training, was repealed by Pub. L. 92-540, title IV, 401(6), Oct. 24,
1972, 84 Stat. 1090. See section 3687 of this title.
Another prior section 1684, which related to overcharging of eligible
veterans by educational institutions, was renumbered section 1685 and
subsequently repealed by Pub. L. 92-540, title II, 203, Oct. 24,
1972, 86 Stat. 1079.
Another prior section 1684, added Pub. L. 89-358, 2, Mar. 3, 1966,
80 Stat. 18, 1683; renumbered 1684, Pub. L. 90-77, title III,
304(a), Aug. 31, 1967, 81 Stat. 186; amended Pub. L. 91-219, title
II, 206(a), Mar. 26, 1970, 84 Stat. 81; Pub. L. 91-584, 8, 11,
Dec. 24, 1970, 84 Stat. 1577, which related to measurement of courses,
was repealed by Pub. L. 92-540, title III, 304, Oct. 24, 1972, 86
Stat. 1081. See section 3688 of this title.
Another prior section 1685, which related to approval of courses, was
renumbered section 1683.
Another prior section 1685, added Pub. L. 89-358, 2, Mar. 3, 1966,
80 Stat. 19, 1684; renumbered 1865, Pub. L. 90-77, title III,
304(a), Aug. 31, 1967, 81 Stat. 186, which related to overcharging of
eligible veterans by educational institutions, was repealed by Pub. L.
92-540, title II, 203, Oct. 24, 1972, 86 Stat. 1079. See section 3690
of this title.
Prior section 1686, added Pub. L. 93-508, title III, 302(a), Dec.
3, 1974, 88 Stat. 1591; amended Pub. L. 97-35, title XX, 2005(b),
Aug. 13, 1981, 95 Stat. 783, which related to educational loans to any
eligible veteran to whom section 1662(a)(2) of this title applied, was
repealed by Pub. L. 100-689, title I, 124(a), Nov. 18, 1988, 102
Stat. 4174.
Another prior section 1686, which related to approval of courses, was
renumbered section 1683.
Another prior section 1686, which related to discontinuance of
educational assistance allowance by Administrator, was renumbered
section 1687 and subsequently repealed by Pub. L. 92-540, title IV,
401(6), Oct. 24, 1972, 86 Stat. 1090.
Prior section 1687, added Pub. L. 89-358, 2, Mar. 3, 1966, 80
Stat. 19, 1686; renumbered 1687, Pub. L. 90-77, title III, 304(a),
Aug. 31, 1967, 81 Stat. 186, which related to discontinuance of
educational assistance allowance by Administrator, was repealed by Pub.
L. 92-540, title IV, 401(6), Oct. 24, 1972, 86 Stat. 1090. See
section 3690(b) of this title.
Prior sections 1695 to 1698 were repealed, effective Oct. 1, 1980,
by Pub. L. 96-466, title VI, 601(a)(1), title VIII, 802(f), Oct. 17,
1980, 94 Stat. 2208, 2218.
Section 1695, added Pub. L. 91-219, title II, 204(a)(4), Mar. 26,
1970, 84 Stat. 80, set forth purpose of former subchapter VI relating
to a predischarge education program and defined ''eligible person'' for
purposes of subchapter VI of chapter 34.
Section 1696, added Pub. L. 91-219, title II, 204(a)(4), Mar. 26,
1970, 84 Stat. 80; amended Pub. L. 92-540, title I, 102(5), title
III, 307, Oct. 24, 1972, 86 Stat. 1075, 1081; Pub. L. 93-508, title
I, 102(5), Dec. 3, 1974, 88 Stat. 1580; Pub. L. 93-602, title II,
203(c), Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94-502, title II,
201(4), 210(5), 211(13), Oct. 15, 1976, 90 Stat. 2385, 2388, 2389;
Pub. L. 95-202, title I, 102(6), Nov. 23, 1977, 91 Stat. 1434,
related to payment of an educational assistance allowance.
Section 1697, added Pub. L. 91-219, title II, 204(a)(4), Mar. 26,
1970, 84 Stat. 81, related to educational and vocational guidance.
Section 1698, added Pub. L. 92-540, title III, 308, Oct. 24, 1972,
86 Stat. 1082, 1697A; renumbered 1698 and amended Pub. L. 94-502,
title II, 210(3), 211(14), Oct. 15, 1976, 90 Stat. 2388, 2389; Pub.
L. 95-202, title III, 302(b), Nov. 23, 1977, 91 Stat. 1441, related
to coordination with and participation by Department of Defense in
carrying out functions and duties of Department of Defense under
predischarge education program.
Prior section 1700, which comprised the first section of chapter 35,
was renumbered section 3500 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 562 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1561'' for
''561'' and ''1560'' for ''560''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in two places.
1978 -- Subsec. (a). Pub. L. 95-479 increased from $100 to $200 the
special pension.
1975 -- Subsec. (a). Pub. L. 94-169, 106(44), substituted
''delivered to the Administrator'' for ''delivered to him''.
Subsecs. (b), (d). Pub. L. 94-169, 106(45), substituted ''such
person'' for ''he''.
1963 -- Subsec. (a). Pub. L. 88-77 inserted references to the Coast
Guard.
1961 -- Subsec. (a). Pub. L. 87-138 inserted '', and a copy of whose
certificate has been delivered to him under subsection (c) of section
561 of this title,'' after ''Medal of Honor roll'', and increased
pension from $10 to $100.
Amendment by Pub. L. 95-479 effective Jan. 1, 1979, see section
401(b) of Pub. L. 95-479, set out as a note under section 1114 of this
title.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
38 USC CHAPTER 17 -- HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL
CARE
TITLE 38 -- VETERANS' BENEFITS
Sec.
1701. Definitions.
1702. Presumption relating to psychosis.
1703. Contracts for hospital care and medical services in
non-Department facilities.
1704. Preventive health services: annual report.
1710. Eligibility for hospital, nursing home, and domiciliary care.
1711. Care during examinations and in emergencies.
1712. Eligibility for outpatient services.
1712A. Eligibility for readjustment counseling and related mental
health services.
1712B. Counseling for former prisoners of war.
1713. Medical care for survivors and dependents of certain veterans.
1714. Fitting and training in use of prosthetic appliances;
seeing-eye dogs.
1715. Tobacco for hospitalized veterans.
1716. Hospital care by other agencies of the United States.
1717. Home health services; invalid lifts and other devices.
1718. Therapeutic and rehabilitative activities.
1719. Repair or replacement of certain prosthetic and other
appliances.
1720. Transfers for nursing home care; adult day health care.
1720A. Treatment and rehabilitation for alcohol or drug dependence
or abuse disabilities.
1720B. Respite care.
1720C. Noninstitutional alternatives to nursing home care: pilot
program.
1720D. Counseling to women veterans for sexual trauma.
1721. Power to make rules and regulations.
1722. Determination of inability to defray necessary expenses;
income thresholds.
1722A. Copayment for medications.
1723. Furnishing of clothing.
1724. Hospital care, medical services, and nursing home care abroad.
1726. Reimbursement for loss of personal effects by natural
disaster.
1727. Persons eligible under prior law.
1728. Reimbursement of certain medical expenses.
1729. Recovery by the United States of the cost of certain care and
services.
1730. Community residential care.
1731. Assistance to the Republic of the Philippines.
1732. Contracts and grants to provide for the care and treatment of
United States veterans by the Veterans Memorial Medical Center.
1733. Supervision of program by the President.
1734. Hospital and nursing home care and medical services in the
United States.
1735. Definitions.
1741. Criteria for payment.
1742. Inspections of such homes; restrictions on beneficiaries.
1743. Applications.
1751. Screening, counseling, and medical treatment.
1752. Research.
1753. Voluntary participation; confidentiality.
1754. Reports.
(1761 to 1764. Repealed.)
1992 -- Pub. L. 102-585, title I, 102(a)(2), title V, 512(b),
514(b), Nov. 4, 1992, 106 Stat. 4946, 4958, added items 1704 and 1720D
and struck out subchapter VII heading ''PREVENTIVE HEALTH-CARE SERVICES
PILOT PROGRAM'' and items 1761 ''Purpose'', 1762 ''Definition'', 1763
''Preventive health-care services'', and 1764 ''Reports''.
1991 -- Pub. L. 102-83, 5(b)(1), Aug. 6, 1991, 105 Stat. 406,
renumbered items 601 to 664 as 1701 to 1764, respectively.
Pub. L. 102-83, 4(a)(5), Aug. 6, 1991, 105 Stat. 404, substituted
''non-Department'' for ''non-Veterans' Administration'' in item 603.
1990 -- Pub. L. 101-508, title VIII, 8012(a)(2), Nov. 5, 1990, 104
Stat. 1388-345, added item 622A.
Pub. L. 101-366, title II, 201(a)(2), Aug. 15, 1990, 104 Stat.
438, added item 620C.
1988 -- Pub. L. 100-322, title I, 101(h)(2), 115(g)(2), May 20,
1988, 102 Stat. 492, 502, substituted ''Eligibility for outpatient
services'' for ''Eligibility for medical treatment'' in item 612,
substituted ''Home health services; invalid'' for ''Invalid'' in item
617, and struck out item 620C ''Community based psychiatric residential
treatment for chronically mentally ill veterans''.
1987 -- Pub. L. 100-6, 2(b), Feb. 12, 1987, 101 Stat. 94, added
item 620C.
1986 -- Pub. L. 99-576, title II, 201(a)(2), 100 Stat. 3254, added
item 620B.
Pub. L. 99-272, title XIX, 19011(c)(2), 19012(b)(2), Apr. 7, 1986,
100 Stat. 378, 382, added item 603, and substituted ''Determination''
for ''Evidence'' and inserted ''; income thresholds'' in item 622.
1985 -- Pub. L. 99-166, title I, 101(b)(2), 107(b), Dec. 3, 1985,
99 Stat. 943, 946, added item 612B and struck out ''; pilot program''
after ''disabilities'' in item 620A.
1983 -- Pub. L. 98-160, title I, 103(a)(3), 104(b), Nov. 21,
1983, 97 Stat. 996, 998, inserted ''; adult day health care'' in item
620 and added item 630.
1982 -- Pub. L. 97-295, 4(15), Oct. 12, 1982, 96 Stat. 1306,
substituted ''Hospital care, medical services, and nursing home care
abroad'' for ''Hospital care and medical services abroad'' in item 624.
1981 -- Pub. L. 97-72, title I, 106(a)(2), 107(c)(2), (d)(2), Nov.
3, 1981, 95 Stat. 1051, 1052, 1053, added item 629, substituted
''HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN THE REPUBLIC OF
THE PHILIPPINES'' for ''HOSPITAL AND MEDICAL CARE FOR COMMONWEALTH OF
THE PHILIPPINES ARMY VETERANS'' in item relating to subchapter IV, and
substituted ''Contracts and grants to provide for the care and treatment
of United States veterans by the Veterans Memorial Medical Center'' for
''Contracts and grants to provide hospital care, medical services and
nursing home care'' in item 632.
1980 -- Pub. L. 96-330, title IV, 401(b), Aug. 26, 1980, 94 Stat.
1051, substituted ''Evidence of inability to defray necessary expenses''
for ''Statement under oath'' in item 622.
1979 -- Pub. L. 96-22, title I, 103(a)(2), 104(b), 105(b), 106(b),
June 13, 1979, 93 Stat. 50, 51, 53, added items 612A, 620A, 634, and
661 to 664 and redesignated former item 634 as 635.
1977 -- Pub. L. 95-62, 4(b), July 5, 1977, 91 Stat. 263, struck
out item 644 ''Authorization of appropriations''.
1976 -- Pub. L. 94-581, title II, 202(a), 203(b), Oct. 21, 1976,
90 Stat. 2855, 2856, inserted ''NURSING HOME,'' in chapter heading,
and, in analysis of subchapter headings and section catchlines, inserted
'', NURSING HOME'' in item for subchapter II, inserted '', nursing
home'' in item 610, substituted ''Care'' for ''Hospitalization'' in item
611, and inserted ''AND NURSING HOME'' in item for subchapter III.
1973 -- Pub. L. 93-82, title I, 103(c), 106(b), 107(b), 109(b),
Aug. 2, 1973, 87 Stat. 182, 184, 186, 187, substituted ''Medical care
for survivors and dependents of certain veterans'' and ''Fitting and
training in use of prosthetic appliances; seeing-eye dogs'' for
''Fitting and training in use of prosthetic appliances'' and
''Seeing-eye dogs'' in items 613 and 614 respectively, substituted
''natural disaster'' for ''fire'' in item 626, added item 628,
substituted ''Assistance to the Republic of the Philippines'' and
''Contracts and grants to provide hospital care, medical services and
nursing home care'' for ''Grants to the Republic of the Philippines''
and ''Modification of agreement with the Republic of the Philippines
effectuating the Act of July 1, 1948'' in items 631 and 632,
respectively, and added ''SUBCHAPTER VI -- SICKLE CELL ANEMIA''
comprising items 651 to 654.
Pub. L. 93-43, 4(c)(2), June 18, 1973, 87 Stat. 79, struck out item
625 ''Arrests for crimes in hospitals and domiciliary reservations''.
1969 -- Pub. L. 91-178, 2(b), Dec. 30, 1969, 83 Stat. 837, added
item 644.
1968 -- Pub. L. 90-493, 3(b), Aug. 19, 1968, 82 Stat. 809,
substituted ''Invalid lifts and other devices'' for ''Invalid lifts and
other devices for pensioners'' in item 617.
1964 -- Pub. L. 88-450, 2(b), 6(b), Aug. 19, 1964, 78 Stat. 500,
504, inserted ''and other devices'' in item 617 and added item 620.
1962 -- Pub. L. 87-850, 1(b), Oct. 23, 1962, 76 Stat. 1126, added
item 619.
Pub. L. 87-574, 2(2), Aug. 6, 1962, 76 Stat. 308, added item 618.
1959 -- Pub. L. 86-211, 7(b), Aug. 29, 1959, 73 Stat. 436, added
item 617.
Third party tort liability to United States for hospital and medical
care, except for treatment of veterans under this chapter, see section
2651 et seq. of Title 42, The Public Health and Welfare.
section 2651.
38 USC SUBCHAPTER I -- GENERAL
TITLE 38 -- VETERANS' BENEFITS
38 USC 1701. Definitions
TITLE 38 -- VETERANS' BENEFITS
For the purposes of this chapter --
(1) The term ''disability'' means a disease, injury, or other
physical or mental defect.
(2) The term ''veteran of any war'' includes any veteran awarded the
Medal of Honor.
(3) The term ''facilities of the Department'' means --
(A) facilities over which the Secretary has direct jurisdiction;
(B) Government facilities for which the Secretary contracts; and
(C) public or private facilities at which the Secretary provides
recreational activities for patients receiving care under section 1710
of this title.
(4) The term ''non-Department facilities'' means facilities other
than Department facilities.
(5) The term ''hospital care'' includes --
(A)(i) medical services rendered in the course of the hospitalization
of any veteran, and (ii) travel and incidental expenses pursuant to the
provisions of section 111 of this title;
(B) such mental health services, consultation, professional
counseling, and training for the members of the immediate family or
legal guardian of a veteran, or the individual in whose household such
veteran certifies an intention to live, as may be essential to the
effective treatment and rehabilitation of a veteran or dependent or
survivor of a veteran receiving care under the last sentence of section
1713(b) of this title; and
(C)(i) medical services rendered in the course of the hospitalization
of a dependent or survivor of a veteran receiving care under the last
sentence of section 1713(b) of this title, and (ii) travel and
incidental expenses for such dependent or survivor under the terms and
conditions set forth in section 111 of this title.
(6) The term ''medical services'' includes, in addition to medical
examination, treatment, and rehabilitative services --
(A)(i) surgical services, dental services and appliances as described
in sections 1710 and 1712 of this title, optometric and podiatric
services, (in the case of a person otherwise receiving care or services
under this chapter) preventive health services, and (except under the
conditions described in section 1712(a)(5)(A) of this title),
wheelchairs, artificial limbs, trusses, and similar appliances, special
clothing made necessary by the wearing of prosthetic appliances, and
such other supplies or services as the Secretary determines to be
reasonable and necessary, and (ii) travel and incidental expenses
pursuant to the provisions of section 111 of this title; and
(B)(i) such consultation, professional counseling, training, and
mental health services as are necessary in connection with the treatment
--
(I) of the service-connected disability of a veteran pursuant to
section 1712(a) of this title, and
(II) in the discretion of the Secretary, of the non-service-connected
disability of a veteran eligible for treatment under section
1712(a)(5)(B) of this title where such services were initiated during
the veteran's hospitalization and the provision of such services on an
outpatient basis is essential to permit the discharge of the veteran
from the hospital,
for the members of the immediate family or legal guardian of a
veteran, or the individual in whose household such veteran certifies an
intention to live, as may be essential to the effective treatment and
rehabilitation of the veteran (including, under the terms and conditions
set forth in section 111 of this title, travel and incidental expenses
of such family member or individual in the case of a veteran who is
receiving care for a service-connected disability, or in the case of a
dependent or survivor of a veteran receiving care under the last
sentence of section 1713(b) of this title); and
(ii) in the case of an individual who was a recipient of services
under subclause (i) of this clause at the time of --
(I) the unexpected death of the veteran; or
(II) the death of the veteran while the veteran was participating in
a hospice program (or a similar program) conducted by the Secretary,
such counseling services, for a limited period, as the Secretary
determines to be reasonable and necessary to assist such individual with
the emotional and psychological stress accompanying the veteran's death.
For the purposes of this paragraph, a dependent or survivor of a
veteran receiving care under the last sentence of section 1713(b) of
this title shall be eligible for the same medical services as a veteran.
(7) The term ''domiciliary care'' includes necessary medical services
and travel and incidental expenses pursuant to the provisions of section
111 of this title.
(8) The term ''rehabilitative services'' means such professional,
counseling, and guidance services and treatment programs (other than
those types of vocational rehabilitation services provided under chapter
31 of this title) as are necessary to restore, to the maximum extent
possible, the physical, mental, and psychological functioning of an ill
or disabled person.
(9) The term ''preventive health services'' means --
(A) periodic medical and dental examinations;
(B) patient health education (including nutrition education);
(C) maintenance of drug use profiles, patient drug monitoring, and
drug utilization education;
(D) mental health preventive services;
(E) substance abuse prevention measures;
(F) immunizations against infectious disease;
(G) prevention of musculoskeletal deformity or other gradually
developing disabilities of a metabolic or degenerative nature;
(H) genetic counseling concerning inheritance of genetically
determined diseases;
(I) routine vision testing and eye care services;
(J) periodic reexamination of members of likely target populations
(high-risk groups) for selected diseases and for functional decline of
sensory organs, together with attendant appropriate remedial
intervention; and
(K) such other health-care services as the Secretary may determine to
be necessary to provide effective and economical preventive health care.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1141, 601; Pub. L.
86-598, July 7, 1960, 74 Stat. 335; Pub. L. 86-639, 2, July 12, 1960,
74 Stat. 472; Pub. L. 88-481, Aug. 22, 1964, 78 Stat. 593; Pub. L.
90-612, 2, Oct. 21, 1968, 82 Stat. 1202; Pub. L. 93-82, title I, 101,
Aug. 2, 1973, 87 Stat. 179; Pub. L. 94-581, title I, 102, title II,
202(b), Oct. 21, 1976, 90 Stat. 2843, 2855; Pub. L. 95-520, 5, Oct.
26, 1978, 92 Stat. 1820; Pub. L. 96-22, title I, 102(c), title II,
201(a), June 13, 1979, 93 Stat. 48, 54; Pub. L. 96-151, title II,
201(b), 202, Dec. 20, 1979, 93 Stat. 1093, 1094; Pub. L. 97-72, title
I, 101, Nov. 3, 1981, 95 Stat. 1047; Pub. L. 97-251, 4, Sept. 8,
1982, 96 Stat. 716; Pub. L. 98-105, Sept. 30, 1983, 97 Stat. 730; Pub.
L. 98-160, title I, 106(a), Nov. 21, 1983, 97 Stat. 998; Pub. L.
98-528, title I, 103(a), Oct. 19, 1984, 98 Stat. 2688; Pub. L. 99-108,
2, Sept. 30, 1985, 99 Stat. 481; Pub. L. 99-166, title I, 102(a),
Dec. 3, 1985, 99 Stat. 943; Pub. L. 99-272, title XIX, 19011(d)(2),
19012(a), Apr. 7, 1986, 100 Stat. 378, 380; Pub. L. 99-576, title II,
203, Oct. 28, 1986, 100 Stat. 3255; Pub. L. 100-322, title I, 131,
May 20, 1988, 102 Stat. 506; Pub. L. 102-54, 14(b)(8), June 13, 1991,
105 Stat. 283; renumbered 1701 and amended Pub. L. 102-83,
4(a)(2)(E), (3)-(5), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105
Stat. 404-406; Pub. L. 102-585, title V, 513, Nov. 4, 1992, 106 Stat.
4958.)
The text of section 1762 of this title, which was transferred to the
end of this section, redesignated as par. (9), and amended by Pub. L.
102-585, was based on Pub. L. 96-22, title I, 105(a), June 13, 1979,
93 Stat. 52, 662; renumbered 1762 and amended Pub. L. 102-83,
4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.
Prior sections 1700 and 1701 were renumbered sections 3500 and 3501
of this title, respectively.
1992 -- Par. (6)(A)(i). Pub. L. 102-585, 513(b), substituted
''preventive health services,'' for ''preventive health-care services as
defined in section 1762 of this title,''.
Par. (9). Pub. L. 102-585, 513(a), transferred the text of section
1762 of this title to the end of this section and redesignated it as
par. (9), substituted ''The term 'preventive health service' means''
for ''For the purposes of this subchapter, the term 'preventive
health-care services' means'', and redesignated pars. (1) to (11) as
subpars. (A) to (K), respectively. See Codification note above.
1991 -- Pub. L. 102-83, 5(a), renumbered section 601 of this title
as this section.
Par. (2). Pub. L. 102-54, 14(b)(8)(A), struck out ''any veteran of
the Indian Wars, or'' after ''includes''.
Par. (3). Pub. L. 102-83, 5(c)(1), substituted ''1710'' for ''610''
in subpar. (C).
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in subpars. (A) to (C).
Pub. L. 102-83, 4(a)(2)(E), which directed the amendment of par.
(4) of this section by substituting ''facilities of the Department'' for
''Veterans' Administration facilities'', was executed to par. (3) to
reflect the probable intent of Congress and the intervening
redesignation of par. (4) as par. (3) by Pub. L. 102-54,
14(b)(8)(C). See below.
Pub. L. 102-54, 14(b)(8)(B), (C), redesignated par. (4) as (3) and
struck out former par. (3) which read as follows: ''The term 'period
of war' includes each of the Indian Wars.''
Par. (4). Pub. L. 102-83, 4(a)(5), substituted ''non-Department''
for ''non-Veterans' Administration''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Pub. L. 102-54, 14(b)(8)(E), redesignated par. (9) as (4).
Par. (5). Pub. L. 102-83, 5(c)(1), substituted ''1713(b)'' for
''613(b)'' in subpars. (B) and (C)(i).
Par. (6). Pub. L. 102-83, 5(c)(1), in subpar. (A) substituted
''1710 and 1712'' for ''610 and 612'', ''1762'' for ''662'', and
''1712(a)(5)(A)'' for ''612(a)(5)(A)'', in subpar. (B) substituted
''1712(a)'' for ''612(a)'', ''1712(a)(5)(B)'' for ''612(a)(5)(B)'', and
''1713(b)'' for ''613(b)'', and in last sentence substituted ''1713(b)''
for ''613(b)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Pub. L. 102-54, 14(b)(8)(D), substituted ''612(a)(5)(A)'' for
''612(f)(1)(A)(i)'' in subpar. (A)(i) and ''612(a)(5)(B)'' for
''612(f)(1)(A)(ii)'' in subpar. (B)(i)(II).
Par. (9). Pub. L. 102-54, 14(b)(8)(E), redesignated par. (9) as
(4).
1988 -- Par. (4)(C). Pub. L. 100-322 added subpar. (C).
1986 -- Par. (4). Pub. L. 99-272, 19012(a)(1), struck out cl. (C)
and provision following such clause, both relating to private facilities
under contract as Veterans' Administration facilities.
Par. (6)(A)(i). Pub. L. 99-272, 19011(d)(2)(A), substituted
''section 612(f)(1)(A)(i)'' for ''section 612(f)(1)(A)''.
Par. (6)(B). Pub. L. 99-576 amended subpar. (B) generally. Prior to
amendment, subpar. (B) read as follows: ''such consultation,
professional counseling, training, and mental health services as are
necessary in connection with the treatment --
''(i) of the service-connected disability of a veteran pursuant to
section 612(a) of this title, and
''(ii) in the discretion of the Administrator, of the
non-service-connected disability of a veteran eligible for treatment
under section 612(f)(1)(A)(ii) of this title where such services were
initiated during the veteran's hospitalization and the provision of such
services on an outpatient basis is essential to permit the discharge of
the veteran from the hospital,
for the members of the immediate family or legal guardian of a
veteran, or the individual in whose household such veteran certifies an
intention to live, as may be essential to the effective treatment and
rehabilitation of the veteran (including, under the terms and conditions
set forth in section 111 of this title, travel and incidental expenses
of such family member or individual in the case of a veteran who is
receiving care for a service-connected disability, or in the case of
dependent or survivor of a veteran receiving care under the last
sentence of section 613(b) of this title). For the purposes of this
paragraph, a dependent or survivor of a veteran receiving care under the
last sentence of section 613(b) of this title shall be eligible for the
same medical services as a veteran.''
Par. (6)(B)(ii). Pub. L. 99-272, 19011(d)(2)(B), substituted
''section 612(f)(1)(A)(ii)'' for ''section 612(f)(1)(B)''.
Par. (9). Pub. L. 99-272, 19012(a)(2), added par. (9).
1985 -- Par. (4)(C)(v). Pub. L. 99-166, 102(a), substituted ''with
respect to the Commonwealth of Puerto Rico shall expire on September 30,
1988'' for ''(except with respect to Alaska and Hawaii) shall expire on
October 31, 1985'' and struck out ''and to the Virgin Islands'' before
''of the restrictions in this subclause''.
Pub. L. 99-108 substituted ''October 31, 1985'' for ''September 30,
1985''.
1984 -- Par. (4)(C)(v). Pub. L. 98-528 substituted ''September 30,
1985'' for ''September 30, 1984''.
1983 -- Par. (4)(C)(v). Pub. L. 98-105 substituted ''September 30,
1984'' for ''September 30, 1983''.
Par. (6)(a)(i). Pub. L. 98-160 inserted ''(in the case of a person
otherwise receiving care or services under this chapter) preventive
health-care services as defined in section 662 of this title,''.
1982 -- Par. (4)(C)(v). Pub. L. 97-251 substituted ''September 30,
1983'' for ''September 30, 1982''.
1981 -- Par. (4)(C)(v). Pub. L. 97-72 substituted ''September 30,
1982'' for ''December 31, 1981''.
1979 -- Par. (4). Pub. L. 96-22, 102(c)(1), 201(a), substituted
''medical services for the treatment of any disability of a veteran
described in clause (1)(B) or (2) of the first sentence, or the third
sentence, of section 612(f) of this title or of a veteran described in
section 612(g) of this title if the Administrator has determined, based
on an examination by a physician employed by the Veterans'
Administration (or, in areas where no such physician is available, by a
physician carrying out such function under a contract or fee
arrangement), that the medical condition of such veteran precludes
appropriate treatment in facilities described in clauses (A) and (B) of
this paragraph'' for ''medical services for the treatment of any
disability of a veteran described in clause (1)(B) or (2) of section
612(f) of this title'' in subcl. (ii) of cl. (C), and added subcl.
(vi) of cl. (C) and the provisions following cl. (C) relating to the
periodic review of the necessity for continuing contractual arrangements
in the case of veterans receiving contract care.
Par. (4)(C)(iii). Pub. L. 96-151, 202, inserted provisions
respecting safe transfer of the veteran, and substituted ''medical
services in'' for ''hospital care in''.
Par. (5)(A). Pub. L. 96-151, 201(b)(1), substituted ''travel'' for
''transportation''.
Par. (5)(C). Pub. L. 96-151, 201(b)(2), substituted provisions
relating to travel and incidental expenses for provisions relating to
transportation and incidental expenses.
Par. (6)(A)(i). Pub. L. 96-22, 102(c)(2), substituted ''described in
sections 610 and 612 of this title'' for ''authorized in sections 612
(b), (c), (d), and (e) of this title''.
Par. (6)(B). Pub. L. 96-151, 201(b)(3), substituted ''travel and
incidental expenses'' for ''necessary expenses of travel and
subsistence''.
1978 -- Par. (4)(C)(v). Pub. L. 95-520 defined ''Veterans'
Administration facilities'' to include certain private facilities to
provide medical services to obviate the need for hospital admission,
deleted reference to hospital care for veterans in a territory,
Commonwealth, or possession of the United States not contiguous to the
forty-eight contiguous States, substituted provision requiring the
annually determined hospital patient load and incidence of the provision
of medical services to veterans hospitalized or treated at expense of
Veterans' Administration in Government and private facilities in each
noncontiguous State to be consistent with patient load or incidence of
the provision of medical services for veterans hospitalized or treated
by the Veterans' Administration within the forty-eight contiguous States
for prior requirement that the annually determined average hospital
patient load per thousand veteran population hospitalized at Veterans'
Administration expense in Government and private facilities in each
noncontiguous State not exceed the average patient load per thousand
veteran population hospitalized by the Veterans' Administration within
the forty-eight contiguous States; extended termination date for
exercise of subcl. (v) authority to Dec. 31, 1981, from Dec. 31,
1978, except as to Alaska and Hawaii, and authorized waiver by the
Administrator, to prevent hardship, of applicability to Puerto Rico and
Virgin Islands of subcl. (v) restrictions with respect to hospital
patient loads and incidence of provision of medical services.
1976 -- Par. (4)(A). Pub. L. 94-581, 202(b)(1), substituted
''direct jurisdiction'' for ''direct and exclusive jurisdiction''.
Par. (4)(C). Pub. L. 94-581, 202(b)(2), inserted ''when facilities
described in clause (A) or (B) of this paragraph are not capable of
furnishing economical care because of geographical inaccessibility or of
furnishing the care or services required'' after ''contracts'' in
provisions preceding subcl. (i), substituted ''to a veteran for the
treatment of a service-connected disability or a disability for which a
veteran was discharged'' for ''for persons suffering from
service-connected disabilities or from disabilities for which such
persons were discharged'' in subcl. (i), added subcls. (ii) and (iii),
redesignated former subcls. (ii) and (iii) as (iv) and (v),
respectively, and in subcl. (v) as so redesignated, substituted
''subclause (v)'' for ''clause (iii)''.
Par. (5)(A)(ii). Pub. L. 94-581, 202(b)(3), substituted ''pursuant
to the provisions of section 111 of this title'' for ''for any veteran
who is in need of treatment for a service-connected disability or who is
unable to defray the expense of transportation''.
Par. (5)(B). Pub. L. 94-581, 102(1), substituted ''for the members
of the immediate family or legal guardian of a veteran, or the
individual in whose household such veteran certifies an intention to
live, as may be essential to the effective treatment and rehabilitation
of a veteran or dependent or survivor of a veteran receiving care under
the last sentence of section 613(b) of this title; and'' for
''(including (i) necessary expenses for transportation if unable to
defray such expenses; or (ii) necessary expenses of transportation and
subsistence in the case of a veteran who is receiving care for a
service-connected disability, or in the case of a dependent or survivor
of a veteran receiving care under the last sentence of section 613(b) of
this title, under the terms and conditions set forth in section 111 of
this title) of the members of the immediate family (including legal
guardians) of a veteran or such a dependent or survivor of a veteran, or
in the case of a veteran or such dependent or survivor of a veteran who
has no immediate family members (or legal guardian), the person in whose
household such veteran, or such a dependent or survivor certifies his
intention to live, as may be necessary or appropriate to the effective
treatment and rehabilitation of a veteran or such a dependent or a
survivor of a veteran; and''.
Par. (6). Pub. L. 94-581, 102(2), expanded definition of ''medical
services'' to include rehabilitation services, podiatric services, and
travel and incidental expenses pursuant to the provisions of section 111
of this title, and, for the members of the immediate family or legal
guardian of a veteran, or the individual in whose household such veteran
certifies an intention to live, as may be essential to the effective
treatment and rehabilitation of the veteran, such consultation,
professional counseling, training, and mental health services as are
necessary in connection with the treatment of the service-connected
disability of a veteran pursuant to section 612(a) of this title, and,
in the discretion of the Administrator, of the non-service-connected
disability of a veteran eligible for treatment under section
612(f)(1)(B) of this title where such services were initiated during the
veteran's hospitalization and the provision of such services on an
outpatient basis is essential to permit the discharge of the veteran
from the hospital.
Par. (7). Pub. L. 94-581, 102(3), substituted ''necessary medical
services and travel and incidental expenses pursuant to the provisions
of section 111 of this title'' for ''transportation and incidental
expenses for veterans who are unable to defray the expenses of
transportation''.
Par. (8). Pub. L. 94-581, 102(4), added par. (8).
1973 -- Par. (4)(C). Pub. L. 93-82, 101(a), extended the
Administrator's contract authority for providing hospital care and
medical services to persons suffering from service-connected
disabilities or from disabilities for which such persons were discharged
or released from the active military, naval, or air service and removed
the limitation on such authority that such care be rendered in emergency
cases only.
Par. (5). Pub. L. 93-82, 101(b), incorporated existing provisions in
subpar. (A) and added subpars. (B) and (C).
Par. (6). Pub. L. 93-82, 101(c), expanded definition of ''medical
services'' to include home health services determined by the Secretary
to be necessary or appropriate for the effective and economical
treatment of a disability of a veteran or a dependent or survivor of a
veteran receiving care under section 613(b) of this title.
1968 -- Par. (4)(C)(iii). Pub. L. 90-612 expanded category of
veterans of wars in the Territories, Commonwealths, or possessions of
the United States to include, until December 31, 1978, veterans of such
wars in States not contiguous to the forty-eight contiguous States, with
the annually determined average hospital patient load per thousand of
hospitalized veteran population in each such noncontiguous States not to
exceed the average within the forty-eight contiguous States.
1964 -- Par. (2). Pub. L. 88-481 included any veteran awarded the
Medal of Honor.
1960 -- Par. (6). Pub. L. 86-639 inserted ''(except under the
conditions described in section 612(f)(1))''.
Pub. L. 86-598 inserted ''optometrists' services'' after ''medical
examination and treatment''.
Amendment by section 19011(d)(2) of Pub. L. 99-272 applicable to
hospital care, nursing home care, and medical services furnished on or
after July 1, 1986, see section 19011(f) of Pub. L. 99-272, set out as
a note under section 1710 of this title.
Amendment by Pub. L. 96-151 effective Jan. 1, 1980, see section 206
of Pub. L. 96-151, set out as a note under section 111 of this title.
Section 107 of Pub. L. 96-22 provided that: ''The amendments made
to title 38, United States Code, by sections 102, 103, 104, 105, and 106
of this Act (see Tables for classification) shall be effective on
October 1, 1979.''
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
Section 501 of Pub. L. 93-82 provided that: ''The provisions of
this Act (see Tables for classification) shall become effective the
first day of the first calendar month following the date of enactment
(Aug. 2, 1973), except that sections 105 and 106 (amending section 626
(now 1726) of this title and enacting section 628 (now 1728) of this
title) shall be effective on January 1, 1971; section 107 (enacting
sections 631 and 632 (now 1731 and 1732) of this title and provisions
set out as note under section 1732 of this title) shall be effective
July 1, 1973; and section 203 (amending former section 4107 of this
title) shall become effective beginning the first pay period following
thirty days after the date of enactment of this Act (Aug. 2, 1973).''
Administrator of Veterans' Affairs
Section 103(b) of Pub. L. 98-528 ratified actions by Administrator
of Veterans' Affairs in entering into contracts applicable to the period
beginning Oct. 1, 1984, and ending Oct. 19, 1984, for care described
in par. (4)(C)(v) of this section and in making waivers described in
that provision.
Section 302 of Pub. L. 98-160, as amended by Pub. L. 102-40, title
IV, 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102-83, 5(c)(2),
6(f), Aug. 6, 1991, 105 Stat. 406, 407, provided that: ''The
Secretary of Veterans Affairs shall ensure that each health-care
facility under the direct jurisdiction of the Secretary is able, through
services made available either by individuals appointed to positions in
the Veterans Health Administration or under contracts or other
agreements made under section 4117 (see 7409), 8111, or 8153 of title
38, United States Code, to provide appropriate care, in a timely
fashion, for any gender-specific disability (as defined in section
1701(1) of such title) of a woman veteran eligible for such care under
chapter 17 or chapter 31 of such title.''
Section 201(b) of Pub. L. 96-22, which directed Chief Medical
Director of the Veterans' Administration to report to appropriate
committees of Congress, not later than Feb. 1, 1980, and annually
thereafter, on implementation of former par. (4)(C)(v) of this section
and amendments made to this section by section 201 of Pub. L. 96-22,
and on numbers of veterans provided contract treatment (and average cost
and duration thereof) in each State in certain enumerated categories,
was repealed by Pub. L. 100-322, title I, 112(b), May 20, 1988, 102
Stat. 499.
Section 8 of Pub. L. 95-520, as amended by Pub. L. 96-330, title
IV, 407, Aug. 26, 1980, 94 Stat. 1053, directed Administrator of
Veterans' Affairs, not later than Feb. 1, 1981, to submit a report to
President and Congress on furnishing by Administration of hospital care
and medical services in Puerto Rico and Virgin Islands, and set forth
applicable criteria and considerations for the report.
38 USC 1702. Presumption relating to psychosis
TITLE 38 -- VETERANS' BENEFITS
For the purposes of this chapter, any veteran of World War II, the
Korean conflict, the Vietnam era, or the Persian Gulf War who developed
an active psychosis (1) within two years after discharge or release from
the active military, naval, or air service, and (2) before July 26,
1949, in the case of a veteran of World War II, before February 1, 1957,
in the case of a veteran of the Korean conflict, before May 8, 1977, in
the case of a Vietnam era veteran, or before the end of the two-year
period beginning on the last day of the Persian Gulf War, in the case of
a veteran of the Persian Gulf War, shall be deemed to have incurred such
disability in the active military, naval, or air service.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1141, 602; Pub. L. 90-77,
title II, 203(a), Aug. 31, 1967, 81 Stat. 183; Pub. L. 97-295,
4(16), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 99-576, title VII,
701(20), Oct. 28, 1986, 100 Stat. 3292; Pub. L. 102-25, title III,
334(b), Apr. 6, 1991, 105 Stat. 88; renumbered 1702, Pub. L. 102-83,
5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 602 of this title as this
section.
Pub. L. 102-25 substituted ''the Vietnam era, or the Persian Gulf
War'' for ''or the Vietnam era'', struck out ''or'' before ''before May
8, 1977'', and inserted ''or before the end of the two-year period
beginning on the last day of the Persian Gulf War, in the case of a
veteran of the Persian Gulf War,'' after ''Vietnam era veterans,''.
1986 -- Pub. L. 99-576 struck out ''his'' before ''discharge''.
1982 -- Pub. L. 97-295 substituted ''before February 1, 1957, in the
case of a veteran of the Korean conflict, or before May 8, 1977,'' for
''or February 1, 1957, in the case of a veteran of the Korean conflict,
or before the expiration of two years following termination of the
Vietnam era''.
1967 -- Pub. L. 90-77 made the presumption relating to psychosis
applicable to any veteran of the Vietnam era who developed an active
psychosis within two years after his discharge from active service and
before the expiration of two years following termination of the Vietnam
era.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
38 USC 1703. Contracts for hospital care and medical services in
non-Department facilities
TITLE 38 -- VETERANS' BENEFITS
(a) When Department facilities are not capable of furnishing
economical hospital care or medical services because of geographical
inaccessibility or are not capable of furnishing the care or services
required, the Secretary, as authorized in section 1710 or 1712 of this
title, may contract with non-Department facilities in order to furnish
any of the following:
(1) Hospital care or medical services to a veteran for the treatment
of --
(A) a service-connected disability;
(B) a disability for which a veteran was discharged or released from
the active military, naval, or air service; or
(C) a disability of a veteran who has a total disability permanent in
nature from a service-connected disability.
(2) Medical services for the treatment of any disability of --
(A) a veteran described in section 1712(a)(1)(B) of this title;
(B) a veteran described in paragraph (2), (3), or (4) of section
1712(a) of this title, for a purpose described in section 1712(a)(5)(B)
of this title;
(C) a veteran described in section 1712(a)(3) (other than a veteran
who is a former prisoner of war) of this title if the Secretary has
determined, based on an examination by a physician employed by the
Department (or, in areas where no such physician is available, by a
physician carrying out such function under a contract or fee
arrangement), that the medical condition of such veteran precludes
appropriate treatment in Department facilities.
(3) Hospital care or medical services for the treatment of medical
emergencies which pose a serious threat to the life or health of a
veteran receiving medical services in a Department facility or nursing
home care under section 1720 of this title until such time following the
furnishing of care in the non-Department facility as the veteran can be
safely transferred to a Department facility.
(4) Hospital care for women veterans.
(5) Hospital care, or medical services that will obviate the need for
hospital admission, for veterans in a State (other than the Commonwealth
of Puerto Rico) not contiguous to the contiguous States, except that the
annually determined hospital patient load and incidence of the
furnishing of medical services to veterans hospitalized or treated at
the expense of the Department in Government and non-Department
facilities in each such noncontiguous State shall be consistent with the
patient load or incidence of the furnishing of medical services for
veterans hospitalized or treated by the Department within the 48
contiguous States and the Commonwealth of Puerto Rico.
(6) Diagnostic services necessary for determination of eligibility
for, or of the appropriate course of treatment in connection with,
furnishing medical services at independent Department out-patient
clinics to obviate the need for hospital admission.
(7) Outpatient dental services and treatment, and related dental
appliances, for a veteran described in section 1712(b)(1)(F) of this
title.
(8) Diagnostic services (on an inpatient or outpatient basis) for
observation or examination of a person to determine eligibility for a
benefit or service under laws administered by the Secretary.
(b) In the case of any veteran for whom the Secretary contracts to
furnish care or services in a non-Department facility pursuant to a
provision of subsection (a) of this section, the Secretary shall
periodically review the necessity for continuing such contractual
arrangement pursuant to such provision.
(c) The Secretary shall include in the budget documents which the
Secretary submits to Congress for any fiscal year a detailed report on
the furnishing of contract care and services during the most recently
completed fiscal year under this section, sections 1712A, 1720, 1720A,
1724, and 1732 of this title, and section 115 of the Veterans' Benefits
and Services Act of 1988 (Public Law 100-322; 102 Stat. 501).
(Added Pub. L. 99-272, title XIX, 19012(b)(1), Apr. 7, 1986, 100
Stat. 380, 603; amended Pub. L. 99-166, title I, 102(b)(1), Dec. 3,
1985, 99 Stat. 943; Pub. L. 99-272, title XIX, 19012(c)(5)(A), Apr.
7, 1986, 100 Stat. 382; Pub. L. 100-322, title I, 101(e)(3), 104,
112(a), May 20, 1988, 102 Stat. 492, 493, 499; Pub. L. 100-687, div.
B, title XV, 1503(a)(1), Nov. 18, 1988, 102 Stat. 4133; Pub. L.
102-54, 14(b)(9), June 13, 1991, 105 Stat. 283; renumbered 1703 and
amended Pub. L. 102-83, 4(a)(1), (3)-(5), (b)(1), (2)(E), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 403-406; Pub. L. 102-585, title V,
501, Nov. 4, 1992, 106 Stat. 4955.)
Section 115 of the Veterans' Benefits and Services Act of 1988,
referred to in subsec. (c), is set out as a note under section 1712 of
this title.
1992 -- Subsec. (a)(1)(C). Pub. L. 102-585 added subpar. (C).
1991 -- Pub. L. 102-83, 5(a), renumbered section 603 of this title
as this section.
Pub. L. 102-83, 4(a)(5), substituted ''non-Department'' for
''non-Veterans' Administration'' in section catchline.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1710 or 1712''
for ''610 or 612'' in introductory provisions, ''1712(a)(1)(B)'' for
''612(a)(1)(B)'' in par. (2)(A), ''1712(a)'' for ''612(a)'' and
''1712(a)(5)(B)'' for ''612(a)(5)(B)'' in par. (2)(B), ''1712(a)(3)''
for ''612(a)(3)'' in par. (2)(C), ''1720'' for ''620'' in par. (3),
and ''1712(b)(1)(F)'' for ''612(b)(1)(F)'' in par. (7).
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in introductory provisions and in par. (2)(C).
Pub. L. 102-83, 4(a)(5), substituted ''non-Department'' for
''non-Veterans' Administration'' in introductory provisions and in pars.
(3) and (5).
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' wherever appearing in introductory
provisions and pars. (2), (3), (5), and (6).
Subsec. (a)(2)(B). Pub. L. 102-54, 14(b)(9)(A), struck out
''section'' before ''paragraph''.
Subsec. (a)(7). Pub. L. 102-54, 14(b)(9)(B), substituted ''section
612(b)(1)(F)'' for ''section 612(b)(1)(G)''.
Subsec. (a)(8). Pub. L. 102-83, 4(a)(1), substituted ''administered
by the Secretary'' for ''administered by the Veterans' Administration''.
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places.
Pub. L. 102-83, 4(a)(5), substituted ''non-Department'' for
''non-Veterans' Administration''.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''1712A, 1720,
1720A, 1724, and 1732'' for ''612A, 620, 620A, 624, and 632''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in two places.
Pub. L. 102-54, 14(b)(9)(C), inserted before period at end ''(Public
Law 100-322; 102 Stat. 501)''.
1988 -- Subsec. (a). Pub. L. 100-322, 104(b)(1), substituted
''furnish any of the following:'' for ''furnish -- ''.
Subsec. (a)(1). Pub. L. 100-322, 104(b)(2), (3), substituted
''Hospital'' for ''hospital'' and the period for semicolon at end.
Subsec. (a)(2). Pub. L. 100-322, 104(b)(2), (3), substituted
''Medical'' for ''medical'' and the period for semicolon at end.
Subsec. (a)(2)(B). Pub. L. 100-687 substituted ''paragraph (2), (3),
or (4) of section 612(a)'' for ''612(a)(4)'', and ''612(a)(5)(B)'' for
''612(a)(5)''.
Pub. L. 100-322, 101(e)(3)(A), substituted ''section 612(a)(4) of
this title, for a purpose described in section 612(a)(5) of this title''
for ''section 612(f)(1)(A)(ii) of this title''.
Subsec. (a)(2)(C). Pub. L. 100-322, 101(e)(3)(B), substituted
''section 612(a)(3) (other than a veteran who is a former prisoner of
war)'' for ''section 612(g)''.
Subsec. (a)(3). Pub. L. 100-322, 104(a)(1), (b)(2), (3), substituted
''Hospital'' for ''hospital'', inserted ''or nursing home care under
section 620 of this title'', and substituted the period for semicolon at
end.
Subsec. (a)(4), (5). Pub. L. 100-322, 104(b)(2), (3), substituted
''Hospital'' for ''hospital'' and the period for semicolon at end.
Subsec. (a)(6). Pub. L. 100-322, 104(b)(2), (4), substituted
''Diagnostic'' for ''diagnostic'' and the period for ''; or''.
Subsec. (a)(7). Pub. L. 100-322, 104(b)(2), substituted
''Outpatient'' for ''outpatient''.
Subsec. (a)(8). Pub. L. 100-322, 104(a)(2), added par. (8).
Subsec. (c). Pub. L. 100-322, 112(a), added subsec. (c).
1986 -- Subsec. (a)(5). Pub. L. 99-272, 19012(c)(5)(A), made
conforming amendment to Pub. L. 99-166, 102(b)(1). See 1985 Amendment
note below.
1985 -- Subsec. (a)(5). Pub. L. 99-166, 102(b)(1), as amended by
Pub. L. 99-272, 19012(c)(5)(A), inserted ''(other than the
Commonwealth of Puerto Rico)'' after ''in a State'' and substituted
''contiguous States and the Commonwealth of Puerto Rico'' for
''contiguous States, but the authority of the Administrator under this
paragraph with respect to the Commonwealth of Puerto Rico shall expire
on September 30, 1988, and until such date the Administrator may, if
necessary to prevent hardship, waive the applicability to the
Commonwealth of Puerto Rico of the restrictions in this paragraph with
respect to hospital patient loads and the incidence of the furnishing of
medical services''.
Section 1503(b) of Pub. L. 100-687 provided that: ''The amendments
made by subsection (a)(1) (amending this section) shall apply with
respect to the furnishing of medical services by contract to veterans
who apply to the Veterans' Administration for medical services after
June 30, 1988.''
Section 101(i) of Pub. L. 100-322 provided that: ''The amendments
made by this section (amending this section and sections 612 and 617
(now 1712 and 1717) of this title) shall apply with respect to the
furnishing of medical services to veterans who apply for such services
after June 30, 1988.''
Section 102(b)(1) of Pub. L. 99-166, as amended by Pub. L. 99-272,
title XIX, 19012(c)(5)(A), Apr. 7, 1986, 100 Stat. 382, provided that
the amendment made by that section is effective Oct. 1, 1988.
Section 1503(c) of Pub. L. 100-687 ratified actions of the
Administrator in contracting with facilities other than Veterans'
Administration facilities for furnishing medical services incident to
treatment of certain veterans receiving hospital, nursing home, or
domiciliary care, who applied for such services during the period
beginning July 1, 1988, and ending Nov. 18, 1988.
Obligations
Section 102(b)(2)-(5) of Pub. L. 99-166, as amended by Pub. L.
99-272, title XIX, 19012(c)(5)(B), Apr. 7, 1986, 100 Stat. 382,
limited Administrator's authority to incur obligations for medical
services for veterans residing in Puerto Rico during fiscal years 1986
to 1988.
38 USC 1704. Preventive health services: annual report
TITLE 38 -- VETERANS' BENEFITS
Not later than October 31 each year, the Secretary shall submit to
the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on preventive health services. Each such
report shall include the following:
(1) A description of the programs and activities of the Department
with respect to preventive health services during the preceding fiscal
year, including a description of the following:
(A) The programs conducted by the Department --
(i) to educate veterans with respect to health promotion and disease
prevention; and
(ii) to provide veterans with preventive health screenings and other
clinical services, with such description setting forth the types of
resources used by the Department to conduct such screenings and services
and the number of veterans reached by such screenings and services.
(B) The means by which the Secretary addressed the specific
preventive health services needs of particular groups of veterans
(including veterans with service-connected disabilities, elderly
veterans, low-income veterans, women veterans, institutionalized
veterans, and veterans who are at risk for mental illness).
(C) The manner in which the provision of such services was
coordinated with the activities of the Medical and Prosthetic Research
Service of the Department and the National Center for Preventive Health.
(D) The manner in which the provision of such services was integrated
into training programs of the Department, including initial and
continuing medical training of medical students, residents, and
Department staff.
(E) The manner in which the Department participated in cooperative
preventive health efforts with other governmental and private entities
(including State and local health promotion offices and not-for-profit
organizations).
(F) The specific research carried out by the Department with respect
to the long-term relationships among screening activities, treatment,
and morbidity and mortality outcomes.
(G) The cost effectiveness of such programs and activities, including
an explanation of the means by which the costs and benefits (including
the quality of life of veterans who participate in such programs and
activities) of such programs and activities are measured.
(2) A specific description of research activities on preventive
health services carried out during that period using employees, funds,
equipment, office space, or other support services of the Department,
with such description setting forth --
(A) the source of funds for those activities;
(B) the articles or publications (including the authors of the
articles and publications) in which those activities are described;
(C) the Federal, State, or local governmental entity or private
entity, if any, with which such activities were carried out; and
(D) the clinical, research, or staff education projects for which
funding applications were submitted (including the source of the funds
applied for) and upon which a decision is pending or was denied.
(3) An accounting of the expenditure of funds during that period by
the National Center for Preventive Health under section 7318 of this
title.
(Added Pub. L. 102-585, title V, 512(a), Nov. 4, 1992, 106 Stat.
4957.)
38 USC SUBCHAPTER II -- HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
TITLE 38 -- VETERANS' BENEFITS
1976 -- Pub. L. 94-581, title II, 202(c), Oct. 21, 1976, 90 Stat.
2855, inserted '', NURSING HOME,'' in subchapter heading.
38 USC 1710. Eligibility for hospital, nursing home, and domiciliary
care
TITLE 38 -- VETERANS' BENEFITS
(a)(1) The Secretary shall furnish hospital care, and may furnish
nursing home care, which the Secretary determines is needed --
(A) to any veteran for a service-connected disability;
(B) to a veteran whose discharge or release from the active military,
naval, or air service was for a disability incurred or aggravated in
line of duty, for any disability;
(C) to a veteran who is in receipt of, or who, but for a suspension
pursuant to section 1151 of this title (or both such a suspension and
the receipt of retired pay), would be entitled to disability
compensation, but only to the extent that such veteran's continuing
eligibility for such care is provided for in the judgment or settlement
described in such section, for any disability;
(D) to a veteran who has a service-connected disability rated at 50
percent or more, for any disability;
(E) to any other veteran who has a service-connected disability, for
any disability;
(F) to a veteran who is a former prisoner of war, for any disability;
(G) to a veteran exposed to a toxic substance or radiation, as
provided in subsection (e) of this section;
(H) to a veteran of the Mexican border period or World War I, for any
disability; and
(I) to a veteran for a non-service-connected disability, if the
veteran is unable to defray the expenses of necessary care as determined
under section 1722(a) of this title.
(2) In the case of a veteran who is not described in paragraph (1) of
this subsection, the Secretary may, to the extent resources and
facilities are available, furnish hospital care and nursing home care to
a veteran which the Secretary determines is needed for a
nonservice-connected disability, subject to the provisions of subsection
(f) of this section.
(3) In addition to furnishing hospital care and nursing home care
described in paragraphs (1) and (2) of this subsection through
Department facilities, the Secretary may furnish such hospital care in
accordance with section 1703 of this title and may furnish such nursing
home care as authorized under section 1720 of this title.
(b)(1) The Secretary may furnish to a veteran described in paragraph
(2) of this subsection such domiciliary care as the Secretary determines
is needed for the purpose of the furnishing of medical services to the
veteran.
(2) This subsection applies in the case of the following veterans:
(A) Any veteran whose annual income (as determined under section 1503
of this title) does not exceed the maximum annual rate of pension that
would be applicable to the veteran if the veteran were eligible for
pension under section 1521(d) of this title.
(B) Any veteran who the Secretary determines has no adequate means of
support.
(c) While any veteran is receiving hospital care or nursing home care
in any Department facility, the Secretary may, within the limits of
Department facilities, furnish medical services to correct or treat any
non-service-connected disability of such veteran, in addition to
treatment incident to the disability for which such veteran is
hospitalized, if the veteran is willing, and the Secretary finds such
services to be reasonably necessary to protect the health of such
veteran. The Secretary may furnish dental services and treatment, and
related dental appliances, under this subsection for a
non-service-connected dental condition or disability of a veteran only
(1) to the extent that the Secretary determines that the dental
facilities of the Department to be used to furnish such services,
treatment, or appliances are not needed to furnish services, treatment,
or appliances for dental conditions or disabilities described in section
1712(b) of this title, or (2) if (A) such non-service-connected dental
condition or disability is associated with or aggravating a disability
for which such veteran is receiving hospital care, or (B) a compelling
medical reason or a dental emergency requires furnishing dental
services, treatment, or appliances (excluding the furnishing of such
services, treatment, or appliances of a routine nature) to such veteran
during the period of hospitalization under this section.
(d) In no case may nursing home care be furnished in a hospital not
under the direct jurisdiction of the Secretary except as provided in
section 1720 of this title.
(e)(1)(A) Subject to paragraphs (2) and (3) of this subsection, a
veteran --
(i) who served on active duty in the Republic of Vietnam during the
Vietnam era, and
(ii) who the Secretary finds may have been exposed during such
service to dioxin or was exposed during such service to a toxic
substance found in a herbicide or defoliant used in connection with
military purposes during such era,
is eligible for hospital care and nursing home care under subsection
(a)(1)(G) of this section for any disability, notwithstanding that there
is insufficient medical evidence to conclude that such disability may be
associated with such exposure.
(B) Subject to paragraphs (2) and (3) of this subsection, a veteran
who the Secretary finds was exposed while serving on active duty to
ionizing radiation from the detonation of a nuclear device in connection
with such veteran's participation in the test of such a device or with
the American occupation of Hiroshima and Nagasaki, Japan, during the
period beginning on September 11, 1945, and ending on July 1, 1946, is
eligible for hospital care and nursing home care under subsection
(a)(1)(G) of this section for any disability, notwithstanding that there
is insufficient medical evidence to conclude that such disability may be
associated with such exposure.
(2) Hospital and nursing home care may not be provided under
subsection (a)(1)(G) of this section with respect to a disability that
is found, in accordance with guidelines issued by the Under Secretary
for Health, to have resulted from a cause other than an exposure
described in subparagraph (A) or (B) of paragraph (1) of this
subsection.
(3) Hospital and nursing home care and medical services may not be
provided under or by virtue of subsection (a)(1)(G) of this section
after December 31, 1993.
(f)(1) The Secretary may not furnish hospital care or nursing home
care under this section to a veteran who is eligible for such care under
subsection (a)(2) of this section unless the veteran agrees to pay to
the United States the applicable amount determined under paragraph (2)
of this subsection.
(2) A veteran who is furnished hospital care or nursing home care
under this section and who is required under paragraph (1) of this
subsection to agree to pay an amount to the United States in order to be
furnished such care shall be liable to the United States for an amount
equal to --
(A) the lesser of --
(i) the cost of furnishing such care, as determined by the Secretary;
or
(ii) the amount determined under paragraph (3) of this subsection;
and
(B) an amount equal to $10 for every day the veteran receives
hospital care and $5 for every day the veteran receives nursing home
care.
(3)(A) In the case of hospital care furnished during any 365-day
period, the amount referred to in paragraph (2)(A)(ii) of this
subsection is --
(i) the amount of the inpatient Medicare deductible, plus
(ii) one-half of such amount for each 90 days of care (or fraction
thereof) after the first 90 days of such care during such 365-day
period.
(B) In the case of nursing home care furnished during any 365-day
period, the amount referred to in paragraph (2)(A)(ii) of this
subsection is the amount of the inpatient Medicare deductible for each
90 days of such care (or fraction thereof) during such 365-day period.
(C)(i) Except as provided in clause (ii) of this subparagraph, in the
case of a veteran who is admitted for nursing home care under this
section after being furnished, during the preceding 365-day period,
hospital care for which the veteran has paid the amount of the inpatient
Medicare deductible under this subsection and who has not been furnished
90 days of hospital care in connection with such payment, the veteran
shall not incur any liability under paragraph (2) of this subsection
with respect to such nursing home care until --
(I) the veteran has been furnished, beginning with the first day of
such hospital care furnished in connection with such payment, a total of
90 days of hospital care and nursing home care; or
(II) the end of the 365-day period applicable to the hospital care
for which payment was made,
whichever occurs first.
(ii) In the case of a veteran who is admitted for nursing home care
under this section after being furnished, during any 365-day period,
hospital care for which the veteran has paid an amount under
subparagraph (A)(ii) of this paragraph and who has not been furnished 90
days of hospital care in connection with such payment, the amount of the
liability of the veteran under paragraph (2) of this subsection with
respect to the number of days of such nursing home care which, when
added to the number of days of such hospital care, is 90 or less, is the
difference between the inpatient Medicare deductible and the amount paid
under such subparagraph until --
(I) the veteran has been furnished, beginning with the first day of
such hospital care furnished in connection with such payment, a total of
90 days of hospital care and nursing home care; or
(II) the end of the 365-day period applicable to the hospital care
for which payment was made,
whichever occurs first.
(D) In the case of a veteran who is admitted for hospital care under
this section after having been furnished, during the preceding 365-day
period, nursing home care for which the veteran has paid the amount of
the inpatient Medicare deductible under this subsection and who has not
been furnished 90 days of nursing home care in connection with such
payment, the veteran shall not incur any liability under paragraph (2)
of this subsection with respect to such hospital care until --
(i) the veteran has been furnished, beginning with the first day of
such nursing home care furnished in connection with such payment, a
total of 90 days of nursing home care and hospital care; or
(ii) the end of the 365-day period applicable to the nursing home
care for which payment was made,
whichever occurs first.
(E) A veteran may not be required to make a payment under this
subsection for hospital care or nursing home care furnished under this
section during any 90-day period in which the veteran is furnished
medical services under section 1712(f) of this title to the extent that
such payment would cause the total amount paid by the veteran under this
subsection for hospital care and nursing home care furnished during that
period and under section 1712(f)(4) /1/ of this title for medical
services furnished during that period to exceed the amount of the
inpatient Medicare deductible in effect on the first day of such period.
(F) A veteran may not be required to make a payment under this
subsection or section 1712(f) of this title for any days of care in
excess of 360 days of care during any 365-calendar-day period.
(4) Amounts collected or received on behalf of the United States
under this subsection shall be deposited in the Treasury as
miscellaneous receipts.
(5) For the purposes of this subsection, the term ''inpatient
Medicare deductible'' means the amount of the inpatient hospital
deductible in effect under section 1813(b) of the Social Security Act
(42 U.S.C. 1395e(b)) on the first day of the 365-day period applicable
under paragraph (3) of this subsection.
(g) Nothing in this section requires the Secretary to furnish care to
a veteran to whom another agency of Federal, State, or local government
has a duty under law to provide care in an institution of such
government.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1141, 610; Pub. L.
87-583, 1, Aug. 14, 1962, 76 Stat. 381; Pub. L. 89-358, 8, Mar. 3,
1966, 80 Stat. 27; Pub. L. 89-785, title III, 304, Nov. 7, 1966, 80
Stat. 1377; Pub. L. 91-500, 4, Oct. 22, 1970, 84 Stat. 1096; Pub. L.
93-82, title I, 102, Aug. 2, 1973, 87 Stat. 180; Pub. L. 94-581, title
II, 202(d), 210(a)(1), Oct. 21, 1976, 90 Stat. 2855, 2862; Pub. L.
96-22, title I, 102(a), June 13, 1979, 93 Stat. 47; Pub. L. 97-37,
5(a), Aug. 14, 1981, 95 Stat. 936; Pub. L. 97-72, title I, 102(a),
Nov. 3, 1981, 95 Stat. 1047; Pub. L. 98-160, title VII, 701, Nov. 21,
1983, 97 Stat. 1008; Pub. L. 99-166, title I, 103, Dec. 3, 1985, 99
Stat. 944; Pub. L. 99-272, title XIX, 19011(a), (d)(3), Apr. 7, 1986,
100 Stat. 372, 379; Pub. L. 99-576, title II, 237(a), (b)(1), Oct. 28,
1986, 100 Stat. 3267; Pub. L. 100-322, title I, 102(a), May 20, 1988,
102 Stat. 492; Pub. L. 100-687, div. B, title XII, 1202, Nov. 18,
1988, 102 Stat. 4125; Pub. L. 101-508, title VIII, 8013(a), Nov. 5,
1990, 104 Stat. 1388-346; Pub. L. 102-4, 5, Feb. 6, 1991, 105 Stat.
15; Pub. L. 102-54, 14(b)(10), June 13, 1991, 105 Stat. 283;
renumbered 1710 and amended Pub. L. 102-83, 4(a)(3), (4), (b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-405,
title III, 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)
For termination of amendment by section 8013(e) of Pub. L. 101-508,
see Effective and Termination Dates of 1990 Amendment note below.
Section 1712(f)(4) of this title, referred to in subsec. (f)(3)(E),
was formerly a reference to section 612(f)(4) of this title, which was
redesignated as section 612(f) (now 1712(f)) by Pub. L. 100-322, title
I, 101(e)(1)(A)-(D), May 20, 1988, 102 Stat. 491.
A prior section 1710 was renumbered section 3510 of this title.
1992 -- Subsec. (e)(2). Pub. L. 102-405 substituted ''Under
Secretary for Health'' for ''Chief Medical Director''.
1991 -- Pub. L. 102-83, 5(a), renumbered section 610 of this title
as this section.
Subsec. (a)(1). Pub. L. 102-83, 5(c)(1), substituted ''1151'' for
''351'' in subpar. (C) and ''1722(a)'' for ''622(a)'' in subpar. (I).
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in two places in introductory provisions.
Subsec. (a)(1)(H). Pub. L. 102-54 substituted ''the Mexican border
period'' for ''the Spanish-American War, the Mexican border period,''.
Subsec. (a)(3). Pub. L. 102-83, 5(c)(1), substituted ''1703'' for
''603'' and ''1720'' for ''620''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (b)(2)(A). Pub. L. 102-83, 5(c)(1), substituted ''1503'' for
''503'' and ''1521(d)'' for ''521(d)''.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''1712(b)'' for
''612(b)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' wherever appearing.
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''1720'' for
''620''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Subsec. (e)(1). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in subpars. (A)(ii) and (B).
Subsec. (e)(3). Pub. L. 102-4 substituted ''1993'' for ''1990''.
Subsec. (f)(3)(E), (F). Pub. L. 102-83, 5(c)(1), substituted
''1712(f)'' for ''612(f)'' and ''1712(f)(4)'' for ''612(f)(4)'' in
subpar. (E) and ''1712(f)'' for ''612(f)'' in subpar. (F).
Subsec. (g). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1990 -- Subsec. (a)(1)(I). Pub. L. 101-508, 8013(a)(1)(A), (e),
temporarily substituted ''section 622(a)'' for ''section 622(a)(1)''.
See Effective and Termination Dates of 1990 Amendment note below.
Subsec. (a)(2). Pub. L. 101-508, 8013(a)(1)(B), (e), temporarily
added par. (2) and struck out former par. (2) which read as follows:
''(A) To the extent that resources and facilities are available, the
Administrator may furnish hospital care and nursing home care which the
Administrator determines is needed to a veteran for a
non-service-connected disability if the veteran has an income level
described in section 622(a)(2) of this title.
''(B) In the case of a veteran who is not described in paragraph (1)
of this subsection or in subparagraph (A) of this paragraph, the
Administrator may furnish hospital care and nursing home care which the
Administrator determines is needed to the veteran for a
non-service-connected disability --
''(i) to the extent that resources and facilities are otherwise
available; and
''(ii) subject to the provisions of subsection (f) of this section.''
See Effective and Termination Dates of 1990 Amendment note below.
Subsec. (f)(1), (2). Pub. L. 101-508, 8013(a)(2)(A), (e),
temporarily added pars. (1) and (2) and struck out former pars. (1)
and (2) which read as follows:
''(1) The Administrator may not furnish hospital care or nursing home
care under this section to a veteran who is eligible for such care by
reason of subsection (a)(2)(B) of this section unless the veteran agrees
to pay to the United States the applicable amount determined under
paragraph (2) of this subsection.
''(2) A veteran who is furnished hospital care or nursing home care
under this section and who is required under paragraph (1) of this
subsection to agree to pay an amount to the United States in order to be
furnished such care shall be liable to the United States for an amount
equal to the lesser of --
''(A) the cost of furnishing such care, as determined by the
Administrator; and
''(B) the amount determined under paragraph (3) of this subsection.''
See Effective and Termination Dates of 1990 Amendment note below.
Subsec. (f)(3)(A), (B). Pub. L. 101-508, 8013(a)(2)(B), (e),
temporarily substituted ''paragraph (2)(A)(ii)'' for ''paragraph
(2)(B)''. See Effective and Termination Dates of 1990 Amendment note
below.
1988 -- Subsec. (b). Pub. L. 100-233 amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ''The Administrator,
within the limits of Veterans' Administration facilities, may furnish
domiciliary care to --
''(1) a veteran who was discharged or released from the active
military, naval, or air service for a disability incurred or aggravated
in line of duty, or a person who is in receipt of disability
compensation, when such person is suffering from a permanent disability
or tuberculosis or neuropsychiatric ailment and is incapacitated from
earning a living and has no adequate means of support; and
''(2) a veteran who is in need of domiciliary care if such veteran is
unable to defray the expenses of necessary domiciliary care.''
Subsec. (e)(3). Pub. L. 100-687 substituted ''December 31, 1990'' for
''September 30, 1989''.
1986 -- Subsec. (a). Pub. L. 99-576, 237(a), inserted ''who is in
receipt of, or'' after ''veteran'' in par. (1)(C).
Pub. L. 99-272, 19011(a)(1), amended subsec. (a) generally. Prior
to amendment, subsec. (a) read as follows: ''The Administrator, within
the limits of Veterans' Administration facilities, may furnish hospital
care or nursing home care which the Administrator determines is needed
to --
''(1)(A) any veteran for a service-connected disability; or
''(B) any veteran for a non-service-connected disability if such
veteran is unable to defray the expenses of necessary hospital or
nursing home care;
''(2) a veteran whose discharge or release from the active military,
naval, or air service was for a disability incurred or aggravated in
line of duty;
''(3) a person (A) who is in receipt of, or but for the receipt of
retirement pay would be entitled to, disability compensation, or (B)
who, but for a suspension pursuant to section 351 of this title (or both
such a suspension and the receipt of retired pay), would be entitled to
disability compensation, but only to the extent that such person's
continuing eligibility for such care is provided for in the judgment or
settlement described in such section;
''(4) a veteran who is a former prisoner of war;
''(5) a veteran who meets the conditions of subsection (e) of this
section; and
''(6) any veteran for a non-service-connected disability if such
veteran is sixty-five years of age or older.''
Subsec. (e)(1)(A), (B). Pub. L. 99-272, 19011(d)(3)(A), substituted
''is eligible for hospital care and nursing home care under subsection
(a)(1)(G)'' for ''may be furnished hospital care or nursing home care
under subsection (a)(5)''.
Subsec. (e)(2), (3). Pub. L. 99-272, 19011(d)(3)(B), substituted
''subsection (a)(1)(G)'' for ''subsection (a)(5)''.
Subsec. (f). Pub. L. 99-272, 19011(a)(2), added subsec. (f).
Subsec. (f)(3)(F). Pub. L. 99-576, 237(b)(1), added subpar. (F).
Subsec. (g). Pub. L. 99-272, 19011(a)(2), added subsec. (g).
1985 -- Subsec. (e)(3). Pub. L. 99-166 substituted ''after September
30, 1989'' for ''after the end of the one-year period beginning on the
date the Administrator submits to the appropriate committees of Congress
the first report required by section 307(b)(2) of the Veterans Health
Programs Extension and Improvement Act of 1979 (Public Law 96-151; 93
Stat. 1098)''.
1983 -- Subsec. (a)(3). Pub. L. 98-160 inserted ''(A)'' after ''a
person'' and, after ''disability compensation'', inserted ''or (B) who,
but for a suspension pursuant to section 351 of this title (or both such
a suspension and the receipt of retired pay), would be entitled to
disability compensation, but only to the extent that such person's
continuing eligibility for such care is provided for in the judgment or
settlement described in such section''.
1981 -- Subsec. (a). Pub. L. 97-72, 102(a)(1), added cl. (5) and
redesignated former cl. (5) as (6).
Pub. L. 97-37 added cl. (4) and redesignated former cl. (4) as (5).
Subsec. (e). Pub. L. 97-72, 102(a)(2), added subsec. (e).
1979 -- Subsec. (c). Pub. L. 96-22 inserted provisions relating to
the furnishing of dental services and treatment and related dental
appliances for non-service-connected dental conditions or disabilities
of veterans.
1976 -- Pub. L. 94-581, 202(d)(1), inserted '', nursing home,'' in
section catchline.
Subsec. (a). Pub. L. 94-581, 202(d)(2), 210(a)(1)(A), (B),
substituted ''the Administrator determines'' for ''he determines'' in
provisions preceding par. (1) and substituted ''such veteran'' for
''he'' and ''necessary hospital or nursing home care'' for ''necessary
hospital care'' in subpar. (B) of par. (1).
Subsec. (b)(1). Pub. L. 94-581, 210(a)(1)(C), substituted ''such
person'' for ''he''.
Subsec. (b)(2). Pub. L. 94-581, 202(d)(3), 210(a)(1)(B),
substituted ''a veteran who is in need of domiciliary care if such
veteran'' for ''a veteran of any war or of service after January 31,
1955, who is in need of domiciliary care, if he''.
Subsec. (c). Pub. L. 94-581, 210(a)(1)(B), substituted ''for which
such veteran is hospitalized'' for ''for which he is hospitalized''.
Subsec. (d). Pub. L. 94-581, 202(d)(4), substituted ''direct
jurisdiction'' for ''direct and exclusive jurisdiction''.
1973 -- Subsec. (a). Pub. L. 93-82, 102(1), (2), extended authority
of the Administrator to furnish nursing home care, and in par. (1)(B),
substituted ''any veteran for a'' for ''a veteran of any war or of
service after January 31, 1955, for''.
Subsec. (c). Pub. L. 93-82, 102(3), expanded provision regarding
medical services to include nursing home care and struck out requirement
that the Administrator make a determination in each instance that the
non-service-connected disability would be in the veteran's interest,
would not prolong his hospitalization, and, would not interfere with the
furnishing of hospital facilities to other veterans.
Subsec. (d). Pub. L. 93-82, 102(4), added subsec. (d).
1970 -- Subsec. (a). Pub. L. 91-500 added cl. (4).
1966 -- Pub. L. 89-358 inserted ''or of service after January 31,
1955,'' after ''veteran of any war'' in subsecs. (a)(1)(B) and (b)(2).
Subsec. (c). Pub. L. 89-785 added subsec. (c).
1962 -- Subsec. (a)(1). Pub. L. 87-583 provided for hospital care to
any veteran for a service-connected disability instead of to a veteran
of any war for a service-connected disability incurred or aggravated
during a period of war in subpar. (A) and incorporated existing
provisions in subpar. (B).
Pub. L. 102-145, 111, Oct. 28, 1991, 105 Stat. 970, provided that:
''Notwithstanding any other provision of this joint resolution or any
other law, the amendments made by sections 8012 and 8013 of the Omnibus
Budget Reconciliation Act of 1990 (Public Law 101-508) (enacting section
622A (now 1722A) of this title and amending this section and sections
612 (now 1712) and 622 (now 1722) of this title) shall remain in effect
through the period covered by this joint resolution (see section 106 of
Pub. L. 102-145, 105 Stat. 970, as amended by Pub. L. 102-163, 105 Stat.
1048).''
Pub. L. 102-109, 111, Sept. 30, 1991, 105 Stat. 553, provided
that: ''Notwithstanding any other provision of this joint resolution or
any other law, the amendments made by sections 8012 and 8013 of the
Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508) (enacting
section 622A (now 1722A) of this title and amending this section and
sections 612 (now 1712) and 622 (now 1722) of this title) shall remain
in effect through the period covered by this joint resolution (see
section 106 of Pub. L. 102-109, 105 Stat. 553).''
Section 8013(d) and (e) of Pub. L. 101-508, as amended by Pub. L.
102-139, title V, 518(b), Oct. 28, 1991, 105 Stat. 779; Pub. L.
102-568, title VI, 606(b), Oct. 29, 1992, 106 Stat. 4343, provided
that:
''(d) Effective Date. -- The amendments made by this section
(amending this section and sections 612 and 622 (now 1712 and 1722) of
this title) shall apply with respect to hospital care and medical
services received after October 31, 1990, or the date of the enactment
of this Act (Nov. 5, 1990), whichever is later.
''(e) Sunset. -- The amendments made by this section expire on
September 30, 1992. Notwithstanding the preceding sentence, the
amendments made by this section shall be in effect through September 30,
1997.''
Section 237(c) of Pub. L. 99-576 provided that: ''The amendments
made by this section (amending this section and section 612 (now 1712)
of this title) shall take effect as of April 7, 1986.''
Section 19011(f) of Pub. L. 99-272 provided that:
''(1) Except as provided in paragraph (2), the amendments made by
this section (amending this section and sections 525, 601, 612, 612A,
620, 622, and 663 (now 1525, 1701, 1712, 1712A, 1720, 1722, and 1763) of
this title and enacting provisions set out as notes under this section
and section 1722 of this title) shall apply to hospital care, nursing
home care, and medical services furnished on or after July 1, 1986.
''(2)(A) The provisions of sections 610 and 622 (now 1710 and 1722)
of title 38, United States Code, as in effect on the day before the date
of the enactment of this Act (Apr. 7, 1986), shall apply with respect to
hospital and nursing home care furnished on or after July 1, 1986, to
veterans furnished such care or services on June 30, 1986, but only to
the extent that such care is furnished with respect to the same episode
of care for which it was furnished on June 30, 1986, as determined by
the Administrator pursuant to regulations which the Administrator shall
prescribe.
''(B) During the months of July and August 1986, the Administrator
may, in order to continue a course of treatment begun before July 1,
1986, furnish medical services to a veteran on an ambulatory or
outpatient basis without regard to the amendments made by this section.
''(C) For the purposes of this paragraph, the term 'episode of care'
means a period of consecutive days --
''(i) beginning with the first day on which a veteran is furnished
hospital or nursing home care; and
''(ii) ending on the day of the veteran's discharge from the hospital
or nursing home facility, as the case may be.''
Section 5(d) of Pub. L. 97-37 provided that: ''The amendments made
by this section (amending this section and section 612 (now 1712) of
this title) shall take effect on October 1, 1981''.
Amendment by Pub. L. 96-22 effective Oct. 1, 1979, see section 107
of Pub. L. 96-22, set out as a note under section 1701 of this title.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501
of Pub. L. 93-82, set out as a note under section 1701 of this title.
Section 102(c) of Pub. L. 100-322 provided that: ''The amendment
made by subsection (a) (amending this section) shall not limit or
restrict the eligibility for domiciliary care of a veteran who was a
patient or a resident in a State home facility or a Veterans'
Administration domiciliary facility during the period beginning on
January 1, 1987, and ending on April 1, 1988.''
Pub. L. 102-585, title I, 106, Nov. 4, 1992, 106 Stat. 4947,
provided that:
''(a) General Authority. -- In furnishing hospital care and medical
services under chapter 17 of title 38, United States Code, the Secretary
of Veterans Affairs may provide to women the following health care
services:
''(1) Papanicolaou tests (pap smears).
''(2) Breast examinations and mammography.
''(3) General reproductive health care, including the management of
menopause, but not including under this section infertility services,
abortions, or pregnancy care (including prenatal and delivery care),
except for such care relating to a pregnancy that is complicated or in
which the risks of complication are increased by a service-connected
condition.
''(b) Responsibilities of Directors of Facilities. -- The Secretary
shall ensure that directors of medical facilities of the Department
identify and assess opportunities under the authority provided in title
II of this Act (38 U.S.C. 8111 note) to (1) expand the availability of,
and access to, health care services for women veterans under sections
1710 and 1712 of title 38, United States Code, and (2) provide
counseling, care, and services authorized by this title (see Short Title
of 1992 Amendment note set out under section 101 of this title).''
Pub. L. 102-585, title I, 107, Nov. 4, 1992, 106 Stat. 4947,
provided that:
''(a) In General. -- Not later than January 1, 1993, January 1, 1994,
and January 1, 1995, the Secretary of Veterans Affairs shall submit to
the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the provision of health care services and
the conduct of research carried out by, or under the jurisdiction of,
the Secretary relating to women veterans.
''(b) Contents. -- The report under subsection (a) shall include the
following information with respect to the most recent fiscal year before
the date of the report:
''(1) The number of women veterans who have received services
described in section 106 of this Act (set out as a note above) in
facilities under the jurisdiction of the Secretary (or the Secretary of
Defense), shown by reference to the Department facility which provided
(or, in the case of Department of Defense facilities, arranged) those
services;
''(2) A description of (A) the services provided at each such
facility, and (B) the extent to which each such facility relies on
contractual arrangements under section 1703 or 8153 of title 38, United
States Code, to furnish care to women veterans in facilities which are
not under the jurisdiction of the Secretary where the provision of such
care is not furnished in a medical emergency.
''(3) The steps taken by each such facility to expand the provision
of services at such facility (or under arrangements with a Department of
Defense facility) to women veterans.
''(4) A description (as of October 1 of the year preceding the year
in which the report is submitted) of the status of any research relating
to women veterans being carried out by or under the jurisdiction of the
Secretary, including research under section 109 of this Act (38 U.S.C.
7303 note).''
Pub. L. 102-585, title I, 108, Nov. 4, 1992, 106 Stat. 4948,
provided that: ''The Secretary of Veterans Affairs shall ensure that an
official in each regional office of the Veterans Health Administration
shall serve as a coordinator of women's services. The responsibilities
of such official shall include the following:
''(1) Conducting periodic assessments of the needs for services of
women veterans within such region.
''(2) Planning to meet such needs.
''(3) Assisting in carrying out the purposes of section 106(b) of
this title (set out above).
''(4) Coordinating the training of women veterans coordinators who
are assigned to Department facilities in the region under the
jurisdiction of such regional coordinator.
''(5) Providing appropriate technical support and guidance to
Department facilities in that region with respect to outreach activities
to women veterans.''
Pub. L. 102-585, title I, 110, Nov. 4, 1992, 106 Stat. 4948,
provided that:
''(a) Study. -- (1) The Secretary, subject to subsection (d), shall
conduct a study to determine the needs of veterans who are women for
health-care services. The study shall be based on an appropriate sample
of veterans who are women.
''(2) Before carrying out the study, the Secretary shall request the
advice of the Advisory Committee on Women Veterans on the conduct of the
study.
''(3) In carrying out the study, the Secretary shall include in the
sample veterans who are women and members of the Armed Forces serving on
active duty who are women.
''(b) Reports. -- The Secretary shall submit to the Committees on
Veterans Affairs of the Senate and House of Representatives reports
relating to the study as follows:
''(1) Not later than 9 months after the date of the enactment of this
Act (Nov. 4, 1992), an interim report describing (A) the information and
advice obtained by the Secretary from the Advisory Committee on Women
Veterans, and (B) the status of the study.
''(2) Not later than December 31, 1995, a final report describing the
results of the study.
''(c) Authorization of Appropriations. -- There is authorized to be
appropriated to the general operating expenses account of the Department
of Veterans Affairs $2,000,000 to carry out the purposes of this
section. Amounts appropriated pursuant to this authorization of
appropriations shall be available for obligation until expended without
fiscal year limitation.
''(d) Limitation. -- No funds may be used to conduct the study
described in subsection (a) unless expressly provided for in an
appropriation Act.''
Pub. L. 102-585, title V, 525, Nov. 4, 1992, 106 Stat. 4960,
provided that:
''(a) Demonstration Project. -- The Secretary of Veterans Affairs
shall carry out a demonstration project to evaluate --
''(1) the feasibility and desirability of (A) providing telephone
service in patient rooms in Department of Veterans Affairs health-care
facilities which do not currently provide such service, and (B) the use
of telephones by the patients of such health-care facilities; and
''(2) the relative feasibility and cost-effectiveness of a variety of
options for providing such service.
''(b) Project Activities. -- (1) In carrying out the demonstration
project under this section, the Secretary shall, at an appropriate
number (as determined by the Secretary) of health care facilities,
provide patients reasonable access to telephone service in patients'
rooms to the extent feasible, and subject to paragraph (2).
''(2) The Secretary shall ensure that patients who use such
telephones bear financial responsibility for the cost of any
long-distance telephone calls made during such use.
''(c) Project Evaluation. -- In carrying out the evaluation under
subsection (a), the Secretary shall determine --
''(1) the cost of the installation, use, and maintenance of such
telephones, including --
''(A) the amount of any savings which accrue to the facility by
reason of such installation and use (including the amount of any savings
that may result from any decrease in the amount of assistance in using
telephones that the staff of the facility would otherwise provide to
patients); and
''(B) any costs that result from providing special telephones or
other special equipment to facilitate the use of telephones by disabled
veterans; and
''(2) the effect of the use of such telephones on the therapeutic
course of veterans who receive care at the facility; and
''(3) the relative feasibility and cost effectiveness of a range of
options for providing access to telephone service, including --
''(A) the expenditure of appropriated funds;
''(B) the receipt of donated funds, equipment, and services; and
''(C) the procuring of equipment and services by the Veterans Canteen
Service.
''(d) Report. -- Not later than September 30, 1994, the Secretary
shall submit to the Committees on Veterans' Affairs of the Senate and
the House of Representatives a report on the demonstration project. The
report shall contain the following:
''(1) The determinations of the Secretary under subsection (c).
''(2) An assessment by the Secretary of the feasibility and
desirability of providing telephones for patients in other health-care
facilities of the Department.
''(3) The experience of the Secretary in using, and an assessment by
the Secretary of the feasibility and cost effectiveness of, alternative
arrangements to the expenditure of appropriated funds for securing
telephone service for patients in health-care facilities of the
Department.
''(4) Any additional information and recommendations with respect to
the provision and use of patient telephones at Department health-care
facilities as the Secretary considers appropriate.''
Section 19011(e) of Pub. L. 99-272, as amended by Pub. L. 100-527,
10(1), (2), Oct. 25, 1988, 102 Stat. 2640, 2641; Pub. L. 101-237,
title II, 201(d), Dec. 18, 1989, 103 Stat. 2066; Pub. L. 102-40,
title III, 302, May 7, 1991, 105 Stat. 208; Pub. L. 102-83, 5(c)(2),
Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-291, 4, May 20, 1992, 106
Stat. 179, provided that:
''(1) The Secretary of Veterans Affairs shall submit to the
Committees on Veterans' Affairs of the Senate and the House of
Representatives a report for each fiscal year through fiscal year 1992
concerning the implementation of the amendments made by this section
(amending sections 525, 601, 610, 612, 612A, 620, 622, and 663 (now
1525, 1701, 1710, 1712, 1712A, 1720, 1722, and 1763) of this title and
enacting provisions set out as notes under sections 1710 and 1722 of
this title).
''(2) Each report under paragraph (1) shall provide detailed
information with respect to the fiscal year for which it is submitted
regarding --
''(A) the number of veterans who received health care from the
Department of Veterans Affairs during the fiscal year concerned (shown
in total and separately for hospital care, nursing home care, outpatient
care, and domiciliary care);
''(B) with respect to veterans who applied for health care from the
Department of Veterans Affairs during such fiscal year but did not
receive such care --
''(i) the number of such veterans (shown in total and separately for
hospital care, nursing home care, outpatient care, and domiciliary
care); and
''(ii) the primary reasons why such care was not furnished;
''(C) the guidelines and processes for --
''(i) implementation of the income-threshold criteria for Department
of Veterans Affairs health-care eligibility established by paragraph
(1)(I) and subparagraphs (A) and (B) of paragraph (2) of section 1710(a)
(formerly 610(a)) of title 38, United States Code (as added by
subsection (a)), paragraph (4) of section 1712(f) (formerly 612(f)) of
such title (as added by subsection (b)), and section 1722 (formerly 622)
of such title (as amended by subsection (c)); and
''(ii) the collection of payments required by section 1710(f)
(formerly 610(f)) of such title (as added by subsection (a)(2)) and by
section 1712(f)(4) (formerly 612(f)(4)) of such title (as added by
subsection (b)(2));
''(D) the numbers and characteristics of, and the type and extent of
health care furnished by the Department of Veterans Affairs to, veterans
eligible for such care by reason of any such authorities, including --
''(i) with respect to those eligible by reason of each such
authority, the numbers who applied for and were furnished such care, the
type and extent of such care that they were furnished, and their incomes
and family sizes; and
''(ii) with respect to veterans eligible by reason of section
1710(a)(2)(B) (formerly 610(a)(2)(B)) of such title, the average and
total payments made by such veterans for such care (shown in total and
separately for hospital care, nursing home care, and outpatient care);
and
''(E) the numbers of, and the type and extent of health care
furnished by the Department of Veterans Affairs to, veterans eligible
for such care by reason of each clause of section 1710(a)(1) (formerly
610(a)(1)) of such title (shown in total and separately for veterans
with service-connected disabilities for each percentile disability
rating).
The report for fiscal year 1986 shall include information relating
only to care furnished on or after July 1, 1986.
''(3) Each report under this subsection shall be submitted not later
than the February 1 following the end of the fiscal year for which it is
required.''
Section 109 of Pub. L. 99-166 directed Administrator of Veterans'
Affairs to conduct a pilot program to evaluate therapeutic benefits and
cost-effectiveness of furnishing certain chiropractic services to
veterans eligible for medical services under this chapter, provided that
the pilot program be carried out during period beginning Jan. 1, 1986,
and ending Dec. 31, 1988, and directed Administrator to submit to
Committees on Veterans' Affairs of Senate and House of Representatives
not later than Apr. 1, 1989, a report on implementation, operation, and
results of the pilot program.
/1/ See References in Text note below.
38 USC 1711. Care during examinations and in emergencies
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary may furnish hospital care incident to physical
examinations where such examinations are necessary in carrying out the
provisions of other laws administered by the Secretary.
(b) The Secretary may furnish hospital care or medical services as a
humanitarian service in emergency cases, but the Secretary shall charge
for such care at rates prescribed by the Secretary.
(c)(1) The Secretary may contract with any organization named in, or
approved by the Secretary under, section 5902 of this title to provide
for the furnishing by the Secretary, on a reimbursable basis (as
prescribed by the Secretary), of emergency medical services to
individuals attending any national convention of such organization,
except that reimbursement shall not be required for services furnished
under this subsection to the extent that the individual receiving such
services would otherwise be eligible under this chapter for medical
services.
(2) The authority of the Secretary to enter into contracts under this
subsection shall be effective for any fiscal year only to such extent or
in such amounts as are provided in appropriation Acts.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1142, 611; Pub. L.
94-581, title II, 202(e), 210(a)(2), Oct. 21, 1976, 90 Stat. 2856,
2862; Pub. L. 96-22, title II, 202, June 13, 1979, 93 Stat. 54; Pub.
L. 96-128, title V, 501(a), Nov. 28, 1979, 93 Stat. 987; Pub. L.
102-40, title IV, 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered
1711 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
Prior section 1711 was renumbered section 3511 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 611 of this title
as this section.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Subsec. (c)(1). Pub. L. 102-40 substituted ''5902'' for ''3402''.
1979 -- Subsec. (c). Pub. L. 96-22 added subsec. (c).
Subsec. (c)(1). Pub. L. 96-128 substituted ''named in, or approved by
the Administrator under,'' for ''recognized by the Administrator for the
purposes of''.
1976 -- Pub. L. 94-581, 202(e)(1), substituted ''Care'' for
''Hospitalization'' in section catchline.
Subsec. (a). Pub. L. 94-581, 210(a)(2)(A), substituted
''administered by the Administrator'' for ''administered by him''.
Subsec. (b). Pub. L. 94-581, 202(e)(2), 210(a)(2)(B), substituted
''hospital care or medical services'' for ''hospital care'', ''the
Administrator shall charge'' for ''he shall charge'', and ''prescribed
by the Administrator'' for ''prescribed by him''.
Amendment by Pub. L. 96-128 effective Nov. 28, 1979, see section
601(b) of Pub. L. 96-128, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
38 USC 1712. Eligibility for outpatient services
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Except as provided in subsection (b) of this section, the
Secretary shall furnish on an ambulatory or outpatient basis such
medical services as the Secretary determines are needed --
(A) to any veteran for a service-connected disability (including a
disability that was incurred or aggravated in line of duty and for which
the veteran was discharged or released from the active military, naval,
or air service);
(B) for any disability of a veteran who has a service-connected
disability rated at 50 percent or more; and
(C) to any veteran for a disability for which the veteran is in
receipt of compensation under section 1151 of this title or for which
the veteran would be entitled to compensation under that section but for
a suspension pursuant to that section (but in the case of such a
suspension, such medical services may be furnished only to the extent
that such person's continuing eligibility for medical services is
provided for in the judgment or settlement described in that section).
(2) The Secretary shall furnish on an ambulatory or outpatient basis
medical services for a purpose described in paragraph (5) of this
subsection --
(A) to any veteran who has a service-connected disability rated at 30
percent or 40 percent; and
(B) to any veteran who is eligible for hospital care under section
1710(a) of this title and whose annual income (as determined under
section 1503 of this title) does not exceed the maximum annual rate of
pension that would be applicable to the veteran if the veteran were
eligible for pension under section 1521(d) of this title.
(3) The Secretary may furnish on an ambulatory or outpatient basis
medical services which the Secretary determines are needed --
(A) to any veteran who is a former prisoner of war;
(B) to any veteran of the Mexican border period or of World War I;
and
(C) to any veteran who is in receipt of increased pension or
additional compensation or allowances based on the need of regular aid
and attendance or by reason of being permanently housebound (or who, but
for the receipt of retired pay, would be in receipt of such pension,
compensation, or allowance).
(4) Subject to subsection (f) of this section, the Secretary may
furnish on an ambulatory or outpatient basis medical services for a
purpose described in paragraph (5) of this subsection to any veteran who
is eligible for hospital care under section 1710 of this title and who
is not otherwise eligible for such services under this subsection.
(5)(A) Medical services for a purpose described in this paragraph are
medical services reasonably necessary in preparation for hospital
admission or to obviate the need of hospital admission. In the case of
a veteran described in paragraph (4) of this subsection, services to
obviate the need of hospital admission may be furnished only to the
extent that facilities are available.
(B) In the case of a veteran who has been furnished hospital care,
nursing home care, or domiciliary care, medical services for a purpose
described in this paragraph include medical services reasonably
necessary to complete treatment incident to such care. Such medical
services may not be provided for a period in excess of 12 months after
discharge from such care. However, the Secretary may authorize a longer
period in any case if the Secretary finds that a longer period is
required by reason of the disability being treated.
(6) In addition to furnishing medical services under this subsection
through Department facilities, the Secretary may furnish such services
in accordance with section 1703 of this title.
(b)(1) Outpatient dental services and treatment, and related dental
appliances, shall be furnished under this section only for a dental
condition or disability --
(A) which is service-connected and compensable in degree;
(B) which is service-connected, but not compensable in degree, but
only if --
(i) the dental condition or disability is shown to have been in
existence at the time of the veteran's discharge or release from active
military, naval, or air service;
(ii) the veteran had served on active duty for a period of not less
than 180 days or, in the case of a veteran who served on active duty
during the Persian Gulf War, 90 days immediately before such discharge
or release;
(iii) application for treatment is made within 90 days after such
discharge or release, except that (I) in the case of a veteran who
reentered active military, naval, or air service within 90 days after
the date of such veteran's prior discharge or release from such service,
application may be made within 90 days from the date of such veteran's
subsequent discharge or release from such service, and (II) if a
disqualifying discharge or release has been corrected by competent
authority, application may be made within 90 days after the date of
correction; and
(iv) the veteran's certificate of discharge or release from active
duty does not bear a certification that the veteran was provided, within
the 90-day period immediately before the date of such discharge or
release, a complete dental examination (including dental X-rays) and all
appropriate dental services and treatment indicated by the examination
to be needed;
(C) which is a service-connected dental condition or disability due
to combat wounds or other service trauma, or of a former prisoner of
war;
(D) which is associated with and is aggravating a disability
resulting from some other disease or injury which was incurred in or
aggravated by active military, naval, or air service;
(E) which is a non-service-connected condition or disability of a
veteran for which treatment was begun while such veteran was receiving
hospital care under this chapter and such services and treatment are
reasonably necessary to complete such treatment;
(F) from which a veteran who is a former prisoner of war and who was
detained or interned for a period of not less than 90 days is suffering;
(G) from which a veteran who has a service-connected disability rated
as total is suffering; or
(H) the treatment of which is medically necessary (i) in preparation
for hospital admission, or (ii) for a veteran otherwise receiving care
or services under this chapter.
(2) The Secretary concerned shall at the time a member of the Armed
Forces is discharged or released from a period of active military,
naval, or air service of not less than 180 days or, in the case of a
veteran who served on active duty during the Persian Gulf War, 90 days
provide to such member a written explanation of the provisions of clause
(B) of paragraph (1) of this subsection and enter in the service records
of the member a statement signed by the member acknowledging receipt of
such explanation (or, if the member refuses to sign such statement, a
certification from an officer designated for such purpose by the
Secretary concerned that the member was provided such explanation).
(3) The total amount which the Secretary may expend for furnishing,
during any twelve-month period, outpatient dental services, treatment,
or related dental appliances to a veteran under this section through
private facilities for which the Secretary has contracted under clause
(1), (2), or (5) of section 1703(a) of this title may not exceed $1,000
unless the Secretary determines, prior to the furnishing of such
services, treatment, or appliances and based on an examination of the
veteran by a dentist employed by the Department (or, in an area where no
such dentist is available, by a dentist conducting such examination
under a contract or fee arrangement), that the furnishing of such
services, treatment, or appliances at such cost is reasonably necessary.
(4)(A) Except as provided in subparagraph (B) of this paragraph, in
any year in which the President's Budget for the fiscal year beginning
October 1 of such year includes an amount for expenditures for contract
dental care under the provisions of subsection (a) of this section
(other than paragraphs (3)(B) and (3)(C) of that subsection) and section
1703 of this title during such fiscal year in excess of the level of
expenditures made for such purpose during fiscal year 1978, the
Secretary shall, not later than February 15 of such year, submit a
report to the appropriate committees of the Congress justifying the
requested level of expenditures for contract dental care and explaining
why the application of the criteria prescribed in section 1703 of this
title for contracting with private facilities and in the second sentence
of section 1710(c) of this title for furnishing incidental dental care
to hospitalized veterans will not preclude the need for expenditures for
contract dental care in excess of the fiscal year 1978 level of
expenditures for such purpose. In any case in which the amount included
in the President's Budget for any fiscal year for expenditures for
contract dental care under such provisions is not in excess of the level
of expenditures made for such purpose during fiscal year 1978 and the
Secretary determines after the date of submission of such budget and
before the end of such fiscal year that the level of expenditures for
such contract dental care during such fiscal year will exceed the fiscal
year 1978 level of expenditures, the Secretary shall submit a report to
the appropriate committees of the Congress containing both a
justification (with respect to the projected level of expenditures for
such fiscal year) and an explanation as required in the preceding
sentence in the case of a report submitted pursuant to such sentence.
Any report submitted pursuant to this paragraph shall include a comment
by the Secretary on the effect of the application of the criteria
prescribed in the second sentence of section 1710(c) of this title for
furnishing incidental dental care to hospitalized veterans.
(B) A report under subparagraph (A) of this paragraph with respect to
a fiscal year is not required if, in the documents submitted by the
Secretary to the Congress in justification for the amounts included for
Department programs in the President's Budget, the Secretary specifies
with respect to contract dental care described in such subparagraph --
(i) the actual level of expenditures for such care in the fiscal year
preceding the fiscal year in which such Budget is submitted;
(ii) a current estimate of the level of expenditures for such care in
the fiscal year in which such Budget is submitted; and
(iii) the amount included in such Budget for such care.
(c) Dental services and related appliances for a dental condition or
disability described in paragraph (1)(B) of subsection (b) of this
section shall be furnished on a one-time completion basis, unless the
services rendered on a one-time completion basis are found unacceptable
within the limitations of good professional standards, in which event
such additional services may be afforded as are required to complete
professionally acceptable treatment.
(d) Dental appliances, wheelchairs, artificial limbs, trusses,
special clothing, and similar appliances to be furnished by the
Secretary under this section may be procured by the Secretary either by
purchase or by manufacture, whichever the Secretary determines may be
advantageous and reasonably necessary.
((e) Repealed. Pub. L. 100-322, title I, 101(g)(1)(B), May 20, 1988,
102 Stat. 492.)
(f)(1) The Secretary may not furnish medical services under
subsection (a) of this section (including home health services under
section 1717 of this title) to a veteran who is eligible for hospital
care under this chapter by reason of section 1710(a)(2) of this title
unless the veteran agrees to pay to the United States the amount
determined under paragraph (2) of this subsection.
(2) A veteran who is furnished medical services under subsection (a)
of this section and who is required under paragraph (1) of this
subsection to agree to pay an amount to the United States in order to be
furnished such services shall be liable to the United States, in the
case of each visit in which such services are furnished to the veteran,
for an amount equal to 20 percent of the estimated average cost (during
the calendar year in which the services are furnished) of an outpatient
visit in a Department facility. Such estimated average cost shall be
determined by the Secretary.
(3) This subsection does not apply with respect to home health
services under section 1717 of this title to the extent that such
services are for improvements and structural alterations.
(4) Amounts collected or received by the Department under this
subsection shall be deposited in the Treasury as miscellaneous receipts.
((g) Repealed. Pub. L. 100-322, title I, 101(e)(2)(B), May 20, 1988,
102 Stat. 492.)
(h) The Secretary shall furnish to each veteran who is receiving
additional compensation or allowance under chapter 11 of this title, or
increased pension as a veteran of a period of war, by reason of being
permanently housebound or in need of regular aid and attendance, such
drugs and medicines as may be ordered on prescription of a duly licensed
physician as specific therapy in the treatment of any illness or injury
suffered by such veteran. The Secretary shall continue to furnish such
drugs and medicines so ordered to any such veteran in need of regular
aid and attendance whose pension payments have been discontinued solely
because such veteran's annual income is greater than the applicable
maximum annual income limitation, but only so long as such veteran's
annual income does not exceed such maximum annual income limitation by
more than $1,000.
(i) The Secretary shall prescribe regulations to ensure that special
priority in furnishing medical services under this section and any other
outpatient care with funds appropriated for the medical care of veterans
shall be accorded in the following order, unless compelling medical
reasons require that such care be provided more expeditiously:
(1) To a veteran who is entitled to such services under paragraph (1)
or (2) of subsection (a) of this section.
(2) To a veteran (A) who has a service-connected disability rated at
less than 30-percent disabling,, /1/ (B) who is being examined to
determine the existence or severity of a service-connected disability,
or (C) who is eligible for counseling under section 1720D of this title,
for the purposes of such counseling.
(3) To a veteran (A) who is a former prisoner of war, or (B) who is
eligible for hospital care under section 1710(e) of this title.
(4) To a veteran eligible for medical services under subsection
(a)(3)(B) or (a)(3)(C) of this section.
(5) To a veteran not covered by paragraphs (1) through (4) of this
subsection who is unable to defray the expenses of necessary care as
determined under section 1722(a)(1)(C) /2/ of this title.
(j) In order to assist the Secretary of Health and Human Services in
carrying out national immunization programs under other provisions of
law, the Secretary may authorize the administration of immunizations to
eligible veterans who voluntarily request such immunizations in
connection with the provision of care for a disability under this
chapter in any Department health care facility. Any such immunization
shall be made using vaccine furnished by the Secretary of Health and
Human Services at no cost to the Department. For such purpose,
notwithstanding any other provision of law, the Secretary of Health and
Human Services may provide such vaccine to the Department at no cost.
Section 4116 /2/ of this title shall apply to claims alleging negligence
or malpractice on the part of Department personnel granted immunity
under such section.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1142, 612; Pub. L.
86-639, 1, July 12, 1960, 74 Stat. 472; Pub. L. 87-377, 1, Oct. 4,
1961, 75 Stat. 806; Pub. L. 87-583, 2, Aug. 14, 1962, 76 Stat. 381;
Pub. L. 88-430, Aug. 14, 1964, 78 Stat. 438; Pub. L. 88-450, 7, Aug.
19, 1964, 78 Stat. 504; Pub. L. 88-664, 8, Oct. 13, 1964, 78 Stat.
1096; Pub. L. 90-77, title II, 203(b), Aug. 31, 1967, 81 Stat. 183;
Pub. L. 91-102, Oct. 30, 1969, 83 Stat. 168; Pub. L. 91-500, 2, 3,
Oct. 22, 1970, 84 Stat. 1096; Pub. L. 91-588, 4, 9(f), Dec. 24, 1970,
84 Stat. 1583, 1585; Pub. L. 93-82, title I, 103(a), Aug. 2, 1973, 87
Stat. 180; Pub. L. 94-581, title I, 103(a), title II, 202(f),
210(a)(3), Oct. 21, 1976, 90 Stat. 2844, 2856, 2862; Pub. L. 95-588,
title III, 302, Nov. 4, 1978, 92 Stat. 2506; Pub. L. 96-22, title I,
101, 102(b), June 13, 1979, 93 Stat. 47; Pub. L. 96-151, title II,
203, 204, Dec. 20, 1979, 93 Stat. 1094; Pub. L. 97-35, title XX,
2002(a), Aug. 13, 1981, 95 Stat. 781; Pub. L. 97-37, 3(b), 5(b),
(c), Aug. 14, 1981, 95 Stat. 936, 937; Pub. L. 97-72, title I,
102(b), 103(a), (b), Nov. 3, 1981, 95 Stat. 1048, 1049; Pub. L. 97-295,
4(17), (95)(A), Oct. 12, 1982, 96 Stat. 1306, 1313; Pub. L. 99-166,
title I, 104, Dec. 3, 1985, 99 Stat. 944; Pub. L. 99-272, title XIX,
19011(b), 19012(c)(1), (2), Apr. 7, 1986, 100 Stat. 375, 382; Pub. L.
99-576, title II, 202, 231(b), 237(b)(2), title VII, 702(5), Oct. 28,
1986, 100 Stat. 3254, 3263, 3267, 3301; Pub. L. 100-322, title I,
101(a)-(c), (d)(2), (e)(1), (2), (f), (g)(1), (h)(1), 106, May 20, 1988,
102 Stat. 489-492, 494; Pub. L. 101-508, title VIII, 8013(b), Nov. 5,
1990, 104 Stat. 1388-346; Pub. L. 102-25, title III, 334(a), (c),
Apr. 6, 1991, 105 Stat. 88, 89; renumbered 1712 and amended Pub. L.
102-83, 4(a)(3), (4), (b)(1), (2)(E), (5), 5(a), (c)(1), Aug. 6, 1991,
105 Stat. 404-406; Pub. L. 102-86, title III, 301, 302, Aug. 14,
1991, 105 Stat. 416; Pub. L. 102-585, title I, 103, Nov. 4, 1992, 106
Stat. 4946.)
For termination of amendment by section 8013(e) of Pub. L. 101-508,
see Effective and Termination Dates of 1990 Amendment note below.
Section 1722(a)(1)(C) of this title, referred to in subsec. (i)(5),
which was formerly section 622(a)(1)(C) of this title, was redesignated
section 622(a)(3) (now 1722(a)(3)) of this title by Pub. L. 101-508,
title VIII, 8013(c)(1)(A)(i), (ii), Nov. 5, 1990, 104 Stat. 1388-346.
Section 4116 of this title, referred to in subsec. (j), was repealed
by Pub. L. 102-40, title IV, 401(a)(3), May 7, 1991, 105 Stat. 210.
See section 7316 of this title.
Prior section 1712 was renumbered section 3512 of this title.
1992 -- Subsec. (i)(2)(C). Pub. L. 102-585 added cl. (C).
1991 -- Pub. L. 102-83, 5(a), renumbered section 612 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (a)(1)(C). Pub. L. 102-83, 5(c)(1), substituted ''1151'' for
''351''.
Subsec. (a)(2)(B). Pub. L. 102-83, 5(c)(1), substituted ''1710(a)''
for ''610(a)'', ''1503'' for ''503'', and ''1521(d)'' for ''521(d)''.
Subsec. (a)(4). Pub. L. 102-83, 5(c)(1), substituted ''1710'' for
''610''.
Subsec. (a)(6). Pub. L. 102-83, 5(c)(1), substituted ''1703'' for
''603''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Subsec. (b)(1)(B)(ii). Pub. L. 102-25, 334(a), inserted ''or, in the
case of a veteran who served on active duty during the Persian Gulf War,
90 days'' after ''180 days''.
Subsec. (b)(1)(H). Pub. L. 102-86, 301, amended subsec. (b)(1) of
this section as in effect before the redesignations made by Pub. L.
102-83, 5, by adding subpar. (H).
Subsec. (b)(2). Pub. L. 102-25, 334(a), inserted ''or, in the case
of a veteran who served on active duty during the Persian Gulf War, 90
days'' after ''180 days''.
Subsec. (b)(3). Pub. L. 102-86, 302, amended subsec. (b) of this
section as in effect before the redesignations made by Pub. L. 102-83,
5, by substituting ''$1,000'' for ''$500''.
Pub. L. 102-83, 5(c)(1), substituted ''1703(a)'' for ''603(a)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Subsec. (b)(4). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (b)(4)(A). Pub. L. 102-83, 5(c)(1), substituted in two
places ''1703'' for ''603'' and ''1710(c)'' for ''610(c)''.
Subsec. (b)(4)(B). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration'' in introductory
provisions.
Subsec. (d). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (f). Pub. L. 102-83, 5(c)(1), substituted ''1717'' for
''617'' and ''1710(a)(2)'' for ''610(a)(2)'' in par. (1) and ''1717''
for ''617'' in par. (3).
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in pars. (1) and (2).
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in pars. (2) and (4).
Subsec. (h). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places.
Pub. L. 102-25, 334(c), substituted ''a period of war'' for ''the
Mexican border period, World War I, World War II, the Korean conflict,
or the Vietnam era''.
Subsec. (i). Pub. L. 102-83, 5(c)(1), substituted ''1710(e)'' for
''610(e)'' in par. (3) and ''1722(a)(1)(C)'' for ''622(a)(1)(C)'' in
par. (5).
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in introductory provisions.
Subsec. (j). Pub. L. 102-83, 4(b)(5), substituted ''the Secretary of
Health and Human Services'' for ''the Secretary'' in second and third
sentences.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in first sentence.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' wherever appearing.
1990 -- Subsec. (f)(1). Pub. L. 101-508, 8013(b)(1), (e),
temporarily substituted ''section 610(a)(2)'' for ''section
610(a)(2)(B)''. See Effective and Termination Dates of 1990 Amendment
note below.
Subsec. (f)(3) to (7). Pub. L. 101-508, 8013(b)(2), (3), (e),
temporarily redesignated pars. (5) and (7) as (3) and (4),
respectively, and struck out former pars. (3), (4), and (6) which read
as follows:
''(3) A veteran may not be required to make a payment under this
subsection for services furnished under subsection (a) of this section
during any 90-day period to the extent that such payment would cause the
total amount paid by the veteran under this subsection for medical
services furnished during that period and under section 610(f) of this
title for hospital and nursing home care furnished during that period to
exceed the amount of the inpatient Medicare deductible in effect on the
first day of such 90-day period.
''(4) A veteran may not be required to make a payment under this
subsection if such payment would result in the veteran paying, under
this subsection and section 610(f) of this title, a total amount greater
than four times the amount of the inpatient Medicare deductible for care
or services, or any combination thereof, furnished under this chapter
during any 365-calendar-day period.
''(6) For the purposes of this subsection, the term 'inpatient
Medicare deductible' means the amount of the inpatient hospital
deductible in effect under section 1813(b) of the Social Security Act
(42 U.S.C. 1395e(b)).'' See Effective and Termination Dates of 1990
Amendment note below.
1988 -- Pub. L. 100-322, 101(h)(1), substituted ''Eligibility for
outpatient services'' for ''Eligibility for medical treatment'' in
section catchline.
Subsec. (a)(1). Pub. L. 100-322, 101(a), substituted ''shall furnish
on an ambulatory or outpatient basis'' for ''may furnish'' in
introductory provisions and added subpar. (C).
Subsec. (a)(2). Pub. L. 100-322, 101(b)(1), (3), added par. (2) and
struck out former par. (2) which read as follows: ''Subject to
subsection (k) of this section, as part of medical services furnished to
a veteran under paragraph (1) of this subsection, the Administrator may
furnish to the veteran such home health services as the Administrator
finds to be necessary or appropriate for the effective and economical
treatment of such disability (including only such improvements and
structural alterations the cost of which does not exceed $2,500 (or
reimbursement up to such amount) as are necessary to assure the
continuation of treatment for such disability or to provide access to
the home or to essential lavatory and sanitary facilities).''
Subsec. (a)(3) to (6). Pub. L. 100-322, 101(b)(2), (3), added pars.
(3) to (5) and redesignated former par. (3) as (6).
Subsec. (b)(1)(B)(i). Pub. L. 100-322, 101(f)(1), substituted ''at
the time of the veteran's'' for ''at time of''.
Subsec. (b)(1)(B)(ii). Pub. L. 100-322, 101(f)(2), substituted ''180
days'' for ''one hundred and eighty days''.
Subsec. (b)(1)(B)(iii). Pub. L. 100-322, 101(f)(3), substituted ''90
days'' for ''ninety days'' in four places.
Subsec. (b)(1)(B)(iv). Pub. L. 100-322, 101(f)(4), substituted
''90-day'' for ''ninety-day''.
Subsec. (b)(1)(F). Pub. L. 100-322, 101(g)(1)(A), 106, redesignated
subpar. (G) as (F), substituted ''90 days'' for ''six months'', and
struck out former subpar. (F) which read as follows: ''from which a
veteran of the Spanish-American War or Indian wars is suffering;''.
Subsec. (b)(1)(G), (H). Pub. L. 100-322, 101(g)(1)(A), redesignated
subpar. (H) as (G). Former subpar. (G) redesignated (F).
Subsec. (b)(4)(A). Pub. L. 100-322, 101(e)(2)(A), substituted
''subsection (a) of this section (other than paragraphs (3)(B) and
(3)(C) of that subsection)'' for ''subsections (a) and (f) of this
section''.
Subsec. (e). Pub. L. 100-322, 101(g)(1)(B), struck out subsec. (e)
which read as follows: ''Any disability of a veteran of the
Spanish-American War or Indian Wars, upon application for the benefits
of this section or outpatient medical services under section 624 of this
title, shall be considered for the purposes thereof to be a
service-connected disability incurred or aggravated in a period of
war.''
Subsec. (f)(1). Pub. L. 100-322, 101(e)(1)(A)-(C), redesignated par.
(4)(A) as par. (1), substituted ''under subsection (a) of this section
(including home health services under section 617 of this title)'' for
''under this subsection (including home health services under paragraph
(2) of this subsection)'' and ''paragraph (2) of this subsection'' for
''subparagraph (B) of this paragraph'', and struck out former par. (1)
which read as follows: ''Except as provided in paragraph (4) of this
subsection, the Administrator may furnish medical services for any
disability on an outpatient or ambulatory basis --
''(A) to any veteran eligible for hospital care under section 610 of
this title (i) if such services are reasonably necessary in preparation
for, or (to the extent that facilities are available) to obviate the
need of, hospital admission, or (ii) if such a veteran has been
furnished hospital care, nursing home care, or domiciliary care and such
medical services are reasonably necessary to complete treatment incident
to such care (for a period not in excess of twelve months after
discharge from such treatment, except where the Administrator finds that
a longer period is required by virtue of the disability being treated);
and
''(B) to any veteran who is a former prisoner of war.''
Subsec. (f)(2). Pub. L. 100-322, 101(e)(1)(D)-(F), redesignated par.
(4)(B) as (2), substituted ''subsection (a) of this section and who is
required under paragraph (1) of this subsection'' for ''this subsection
and who is required under subparagraph (A) of this paragraph'', and
struck out former par. (2) which read as follows: ''Subject to
subsection (k) of this section, as part of medical services furnished to
a veteran under paragraph (1) of this subsection, the Administrator may
furnish to the veteran such home health services as the Administrator
determines to be necessary or appropriate for the effective and
economical treatment of a disability of a veteran (including only such
improvements and structural alterations the cost of which does not
exceed $600 (or reimbursement up to such amount) as are necessary to
assure the continuation of treatment or provide access to the home or to
essential lavatory and sanitary facilities).''
Subsec. (f)(3). Pub. L. 100-322, 101(e)(1)(A), (D), (E), (G),
redesignated par. (4)(C) as (3), substituted ''under this subsection
for services furnished under subsection (a) of this section'' for
''under this paragraph for services furnished under this subsection''
and ''veteran under this subsection'' for ''veteran under this
paragraph'', and struck out former par. (3) which read as follows:
''In addition to furnishing medical services under this subsection
through Veterans' Administration facilities, the Administrator may
furnish such services in accordance with section 603 of this title.''
Subsec. (f)(4). Pub. L. 100-322, 101(e)(1)(D), redesignated par.
(4)(D) as (4).
Subsec. (f)(5). Pub. L. 100-322, 101(e)(1)(D), (H), redesignated
par. (4)(E) as (5) and substituted ''under section 617 of this title''
for ''under this subsection''.
Subsec. (f)(6). Pub. L. 100-322, 101(e)(1)(D), (E), redesignated
par. (4)(F) as (6) and substituted ''this subsection'' for ''this
paragraph''.
Subsec. (f)(7). Pub. L. 100-322, 101(e)(1)(D), (E), redesignated
par. (4)(G) as (7) and substituted ''this subsection'' for ''this
paragraph''.
Subsec. (g). Pub. L. 100-322, 101(e)(2)(B), struck out subsec. (g)
which read as follows:
''(1) The Administrator may furnish medical services which the
Administrator determines are needed to a veteran --
''(A) who is a veteran of the Mexican border period or of World War
I; or
''(B) who is in receipt of increased pension or additional
compensation or allowances based on the need of regular aid and
attendance or by reason of being permanently housebound (or who, but for
the receipt of retired pay, would be in receipt of such pension,
compensation, or allowance).
''(2) As part of medical services furnished to a veteran under
paragraph (1) of this subsection, the Administrator may furnish to the
veteran home health services under the terms and conditions set forth in
subsection (f) of this section.
''(3) In addition to furnishing medical services under this
subsection through Veterans' Administration facilities, the
Administrator may furnish such services in accordance with section 603
of this title.''
Subsec. (i). Pub. L. 100-322, 101(c), added pars. (1) to (5) and
struck out former pars. (1) to (6) which read as follows:
''(1) To any veteran for a service-connected disability.
''(2) To any veteran described in subsection (f)(2) of this section.
''(3) To any veteran with a disability rated as service-connected
(including any veteran being examined to determine the existence or
rating of a service-connected disability).
''(4) To any veteran (A) who is a former prisoner of war, or (B) who
is eligible for care under section 610(a)(5) of this title.
''(5) To any veteran being furnished medical services under
subsection (g) of this section.
''(6) To any veteran who is in receipt of pension under section 521
of this title.''
Subsec. (k). Pub. L. 100-322, 101(d)(2), transferred subsec. (k) to
section 617(a)(3) of this title.
1986 -- Subsec. (a). Pub. L. 99-272, 19011(b)(1), substituted par.
(1) for ''Except as provided in subsection (b) of this section, the
Administrator, within the limits of Veterans' Administration facilities,
may furnish such medical services as the Administrator finds to be
reasonably necessary to any veteran for a service-connected
disability.'', designated second sentence of existing provision as par.
(2), substituted ''As part of medical services furnished to a veteran
under paragraph (1) of this subsection, the Administrator may furnish to
the veteran'' for ''The Administrator may also furnish to any such
veteran'', struck out provision that in the case of a veteran discharged
or released from active military, naval, or air service for a disability
incurred or aggravated in the line of duty, services may be provided for
that disability, whether or not service-connected for the purposes of
this chapter, and added par. (3).
Subsec. (a)(2). Pub. L. 99-576, 202(1), substituted ''Subject to
subsection (k) of this section, as'' for ''As''.
Subsec. (b)(3). Pub. L. 99-272, 19012(c)(1), substituted ''clause
(1), (2), or (5) of section 603(a)'' for ''clause (i), (ii), or (v) of
section 601(4)(C)''.
Subsec. (b)(4). Pub. L. 99-576, 231(b), designated existing
provisions as subpar. (A), substituted ''Except as provided in
subparagraph (B) of this paragraph, in'' for ''In'', and added subpar.
(B).
Pub. L. 99-272, 19012(c)(2), substituted ''section 603'' for
''section 601(4)(C)'' in two places.
Subsec. (f). Pub. L. 99-272, 19011(b)(2), designated existing first
sentence as par. (1), substituted ''Except as provided in paragraph (4)
of this subsection, the Administrator may'' for ''The Administrator,
within the limits of Veterans' Administration facilities, may'',
redesignated former cl. (1) as cl. (A) and subcls. (A) and (B) as
subcls. (i) and (ii), inserted ''and'' after ''being treated);'',
struck out par. (2), which related to any veteran who had a
service-connected disability rated at 50 percent or more, and
redesignated cl. (3) as cl. (B); designated existing second sentence as
par. (2) and substituted ''As part of medical services furnished to a
veteran under paragraph (1) of this subsection, the Administrator may
furnish to the veteran'' for ''The Administrator may also furnish to any
such veteran''; struck out provision authorizing the Administrator to
furnish outpatient dental services and treatment, and related
appliances, to any veteran described in subsec. (b)(1)(G) of this
section; and added pars. (3) and (4).
Subsec. (f)(2). Pub. L. 99-576, 202(1), substituted ''Subject to
subsection (k) of this section, as'' for ''As''.
Subsec. (f)(4)(D) to (G). Pub. L. 99-576, 237(b)(2), added subpar.
(D) and redesignated former subpars. (D) to (F) as (E) to (G),
respectively.
Subsec. (g). Pub. L. 99-272, 19011(b)(3), amended subsec. (g)
generally. Prior to amendment, subsec. (g) read as follows: ''In the
case of any veteran who is a veteran of the Mexican border period or of
World War I or who is in receipt of increased pension or additional
compensation or allowance based on the need of regular aid and
attendance or by reason of being permanently housebound, or who, but for
the receipt of retired pay, would be in receipt of such pension,
compensation, or allowance, the Administrator, within the limits of
Veterans' Administration facilities, may furnish the veteran such
medical services as the Administrator finds to be reasonably necessary.
The Administrator may also furnish to any such veteran home health
services under the terms and conditions set forth in subsection (f) of
this section.''
Subsec. (i)(6). Pub. L. 99-272, 19011(b)(4), added par. (6).
Subsec. (j). Pub. L. 99-576, 702(5), substituted ''programs under
other provisions'' for ''programs pursuant to other provisions'',
''veterans who voluntarily request such immunizations'' for ''veterans
(voluntarily requesting such immunizations)'', ''facility. Any such
immunization shall be made using'' for ''facility, utilizing'',
''Administration. For such purpose, notwithstanding any other provision
of law, the Secretary may provide'' for ''Administration, and for such
purpose, notwithstanding any other provision of law, the Secretary is
authorized to provide'', and ''cost. Section 4116'' for ''cost and the
provisions of section 4116''.
Subsec. (k). Pub. L. 99-576, 202(2), added subsec. (k).
1985 -- Subsec. (f)(1). Pub. L. 99-166 substituted ''if'' for
''where'' after ''(A)'' and ''(B)'', inserted '', nursing home care, or
domiciliary care'', struck out ''hospital'' after ''treatment incident
to such'', and substituted ''from such treatment'' for ''from
in-hospital treatment''.
1982 -- Subsec. (a). Pub. L. 97-295, 4(17)(A), (B), inserted ''of
this section'' after ''subsection (b)'', and substituted ''facilities)''
for ''facilities'' after ''sanitary''.
Subsec. (f)(2). Pub. L. 97-295, 4(17)(C), substituted ''percent''
for ''per centum''.
Subsec. (h). Pub. L. 97-295, 4(17)(D), inserted ''of this title''
after ''chapter 11''.
Subsec. (i). Pub. L. 97-295, 4(17)(E), substituted ''The'' for ''Not
later than ninety days after the effective date of this subsection,
the'' at the beginning.
Subsec. (j). Pub. L. 97-295, 4(95)(A), substituted ''Health and
Human Services'' for ''Health, Education, and Welfare''.
1981 -- Subsec. (b). Pub. L. 97-72, 103(a), divided existing
provisions into pars. (1), (2), (3), and (4), redesignated cls. (1)
through (8) as subpars. (A) through (H) of par. (1) as redesignated,
made internal substitutions reflecting new number and letter
designations, and, in par. (1)(B) as redesignated, inserted provisions
set out in par. (1)(B)(ii), (iii)(I), and (iv).
Pub. L. 97-37, 3(b), in cl. (7) substituted ''from which a veteran
who is a former prisoner of war and who was detained or interned for a
period of not less than six months is suffering'' for ''from which any
veteran of World War I, World War II, the Korean conflict, or the
Vietnam era who was held as a prisoner of war for a period of not less
than six months is suffering''.
Pub. L. 97-35 inserted provisions requiring the Secretary concerned
to furnish a discharged or released member of the Armed Forces a written
explanation concerning the provisions of cl. (2) of this subsection,
and in cl. (2) added subcl. (B) and (D), and redesignated former
subcl. (B) as (C) and, as so redesignated, substituted ''90 days'' for
''one year'' in two places.
Subsec. (c). Pub. L. 97-72, 103(b)(1), substituted ''paragraph
(1)(B)'' for ''clause (2)''.
Subsec. (f). Pub. L. 97-72, 103(b)(2), substituted ''clause (G) of
subsection (b)(1)'' for ''subsection (b)(7)''.
Subsec. (f)(3). Pub. L. 97-37, 5(b), added cl. (3).
Subsec. (i)(4). Pub. L. 97-72, 102(b), designated existing
provisions relating to former prisoners of war as cl. (A) and added cl.
(B) relating to veterans who are eligible for care under section
610(a)(5) of this title.
Pub. L. 97-37, 5(c), added cl. (4). Former cl. (4) redesignated
(5).
Subsec. (i)(5). Pub. L. 97-37, 5(c)(1), redesignated former cl. (4)
as (5).
1979 -- Subsec. (b). Pub. L. 96-151, 203, inserted provisions
relating to the total amount the Administrator may expend.
Pub. L. 96-22, 102(b)(1), added pars. (7) and (8) and inserted
provisions following par. (8).
Subsec. (f). Pub. L. 96-22, 102(b)(2), authorized the Administrator
to furnish outpatient dental services and treatment, and related
appliances, to any veteran described in subsec. (b)(7) of this section.
Subsec. (g). Pub. L. 96-151, 204, inserted provisions relating to
particular applicability to Mexican border period or World War I
veterans, and provisions relating to furnishing by the Administrator of
home health care services.
Subsec. (i)(3). Pub. L. 96-22, 101, inserted ''(including any
veteran being examined to determine the existence or rating of a
service-connected disability)'' after ''with a disability rated as
service connected''.
1978 -- Subsec. (h). Pub. L. 95-588 substituted ''$1,000'' for
''$500''.
1976 -- Subsec. (a). Pub. L. 94-581, 103(a)(1), 210(a)(3)(A),
inserted provisions which authorized the Administrator to furnish such
home health services as the Administrator finds to be necessary or
appropriate for the effective and economical treatment of the disability
(including only such improvements and structural alterations the cost of
which does not exceed $2,500 (or reimbursement up to such amount) as are
necessary to assure the continuation of treatment for the disability or
to provide access to the home or to essential lavatory and sanitary
facilities), and in the existing provisions substituted ''as the
Administrator finds'' for ''as he finds''.
Subsec. (b). Pub. L. 94-581, 103(a)(2), added par. (5) and
redesignated former par. (5) as (6).
Subsec. (d). Pub. L. 94-581, 210(a)(3)(B), substituted ''procured by
the Administrator'' for ''procured by him'' and ''whichever the
Administrator determines'' for ''whichever he determines''.
Subsec. (e). Pub. L. 94-581, 202(f)(1), substituted ''Indian Wars''
for ''Indian wars''.
Subsec. (f). Pub. L. 94-581, 103(a)(3)-(7), 202(f)(2), substituted
''within the limits of Veterans' Administration facilities, may
furnish'' for ''may also furnish'' in provisions preceding par. (1),
substituted ''or (to the extent that facilities are available) to
obviate'' for ''or to obviate'' in cl. (A) of par. (1), substituted
''furnished'' for ''granted'' in existing provisions of cl. (B) of par.
(1) and inserted ''(for a period not in excess of twelve months after
discharge from in-hospital treatment, except where the Administrator
finds that a longer period is required by virtue of the disability being
treated)'' at end, substituted ''50 per centum'' for ''80 per centum''
in par. (2), and inserted, after par. (2), provision authorizing the
Administrator to furnish to the veteran such home health services as the
Administrator determines to be necessary or appropriate for the
effective and economical treatment of a disability of the veteran
(including only such improvements and structural alterations the cost of
which does not exceed $600 (or reimbursement up to such amount) as are
necessary to assure the continuation of treatment or provide access to
the home or to essential lavatory and sanitary facilities).
Subsec. (g). Pub. L. 94-581, 202(f)(3), 210(a)(3)(C), inserted '',
within the limits of Veterans' Administration facilities,'' after ''the
Administrator'' and substituted ''as the Administrator finds'' for ''as
he finds''.
Subsec. (h). Pub. L. 94-581, 210(a)(3)(D), substituted ''such
veteran's annual income is greater'' for ''his annual income is
greater'' and ''such veteran's annual income does not exceed'' for ''his
annual income does not exceed''.
Subsecs. (i), (j). Pub. L. 94-581, 103(a)(8), added subsecs. (i)
and (j).
1973 -- Subsec. (f). Pub. L. 93-82 substituted provisions relating
to the furnishing of medical services for any disability on an
outpatient or ambulatory basis to veterans eligible for hospital care
where such services are necessary in preparation for, or to obviate the
need of, hospital admission, or where such veteran has been granted
hospital care and such medical services are reasonably necessary to
complete treatment incident to such hospital care and to veterans who
have a service-connected disability rated at 80 per centum or more for
provisions relating to the furnishing of medical services for a
non-service connected disability where such care is reasonably necessary
in preparation for admission of a veteran who has been determined to
need hospital care and who has been scheduled for admission, where a
veteran has been granted hospital care, and outpatient care is
reasonably necessary to complete treatment incident to such hospital
care, and where a veteran of any war has a total disability permanent in
nature resulting from a service-connected disability.
1970 -- Subsec. (g). Pub. L. 91-500, 2, extended the authority of
the Administrator to furnish medical services as he finds necessary to
veterans permanently housebound or receiving pension or compensation
based on need of regular aid and attendance and struck out conditions
limiting such medical care to veterans hospitalized or suffering from
one or more of the six specific conditions or diseases enumerated.
Subsec. (h). Pub. L. 91-588 inserted reference to Mexican border
period and authorized the Administrator to continue furnishing drugs and
medicine so ordered by any veteran in need of regular aid and attendance
whose pension payments have been discontinued solely because his annual
income is greater than the applicable maximum annual income limitation,
but only so long as his annual income does not exceed such maximum
annual income limitation by more than $500.
Pub. L. 91-500, 3, authorized furnishing of drugs and medicines to
veterans receiving additional compensation or allowance or increased
pension by reason of being ''permanently housebound''.
1969 -- Subsec. (f)(3). Pub. L. 91-102 added par. (3).
1967 -- Subsec. (h). Pub. L. 90-77 imposed the obligation of
furnishing drugs and medicines on the Administrator and extended such
medical benefits to veterans receiving additional compensation under
chapter 11 and veterans of the Vietnam era.
1964 -- Subsec. (b)(2). Pub. L. 88-430 permitted an application for
treatment to be made within one year after a disqualifying discharge or
release has been corrected, or the date of enactment of this exception,
whichever is later.
Subsec. (g). Pub. L. 88-450 added subsec. (g).
Subsec. (h). Pub. L. 88-664 added subsec. (h).
1962 -- Subsec. (a). Pub. L. 87-583 provided for medical service to
any veteran for a service-connected disability instead of to a veteran
of any war, to a veteran discharged or released from the active
military, naval, or air service for a disability incurred or aggravated
in line of duty, or to a person who is in receipt of, but for the
receipt of retirement pay would be entitled to, disability compensation.
1961 -- Subsecs. (b)(5), (e). Pub. L. 87-377 inserted ''or Indian
wars'' after ''Spanish-American War''.
1960 -- Subsec. (f). Pub. L. 86-639 added subsec. (f).
Amendment by Pub. L. 101-508 to remain in effect through the period
covered by Pub. L. 102-145, see section 111 of Pub. L. 102-145, set
out as a note under section 1710 of this title.
Amendment by Pub. L. 101-508 to remain in effect through the period
covered by Pub. L. 102-109, see section 111 of Pub. L. 102-109, set
out as a note under section 1710 of this title.
Amendment by Pub. L. 101-508 applicable with respect to hospital
care and medical services received after Nov. 5, 1990, and expires
Sept. 30, 1992, with further extension through Sept. 30, 1997, see
section 8013(d) and (e) of Pub. L. 101-508, as amended, set out as a
note under section 1710 of this title.
Amendment by section 101(a)-(c), (d)(2), (e)(1), (2), (f), (g)(1),
(h)(1) of Pub. L. 100-322 applicable with respect to furnishing of
medical services to veterans who apply for such services after June 30,
1988, see section 101(i) of Pub. L. 100-322, set out as a note under
section 1703 of this title.
Amendment by section 237(b)(2) of Pub. L. 99-576 effective Apr. 7,
1986, see section 237(c) of Pub. L. 99-576, set out as a note under
section 1710 of this title.
Amendment by section 19011(b) of Pub. L. 99-272 applicable to
hospital care, nursing home care, and medical services furnished on or
after July 1, 1986, see section 19011(f) of Pub. L. 99-272, set out as
a note under section 1710 of this title.
Amendment by section 5(b), (c) of Pub. L. 97-37 effective Oct. 1,
1981, see section 5(d) of Pub. L. 97-37, set out as a note under
section 1710 of this title.
Section 2002(b) of Pub. L. 97-35 provided that:
''(b)(1) The amendments made by clauses (1)(A), (1)(C), and (2) of
subsection (a) (amending this section) shall take effect on October 1,
1981.
''(2) The amendment made by clause (1)(B) of subsection (a) (amending
this section) shall apply only to veterans discharged or released from
active military, naval, or air service after September 30, 1981.''
Amendment by Pub. L. 96-151 effective Jan. 1, 1980, see section 206
of Pub. L. 96-151, set out as a note under section 111 of this title.
Amendment by section 102(b) of Pub. L. 96-22 effective Oct. 1,
1979, see section 107 of Pub. L. 96-22, set out as a note under section
1701 of this title.
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401
of Pub. L. 95-588, set out as a note under section 101 of this title.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501
of Pub. L. 93-82, set out as a note under section 1701 of this title.
Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section
10(a) of Pub. L. 91-588, set out as a note under section 1521 of this
title.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section 11
of Pub. L. 88-664, set out as a note under section 1503 of this title.
Section 101(g)(2) of Pub. L. 100-322, as amended by Pub. L.
102-83, 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: ''Any
disability of a veteran of the Spanish-American War, upon application
for outpatient medical services under section 1712 or 1724 of title 38,
United States Code, shall be considered for the purposes thereof to be a
service-connected disabilty (sic) and, for the purposes of section
1712(b) of such title, to be compensable in degree.''
Section 113 of Pub. L. 100-322 authorized Administrator of Veterans'
Affairs to conduct a pilot program under which eligible veterans
residing in areas which are at least 100 miles from the nearest
Veterans' Administration health-care facility are furnished health-care
services at a location convenient to their residences by Veterans'
Administration employees furnishing such services through the use of
appropriately equipped mobile health-care clinics, provided that the
pilot program be conducted for a period of not less than 24 months, and
required Administrator to submit to Committees on Veterans' Affairs of
Senate and House of Representatives interim and final reports on the
project.
Section 115(a)-(f) of Pub. L. 100-322, as amended by Pub. L.
101-237, title II, 201(c), Dec. 18, 1989, 103 Stat. 2066; Pub. L.
102-83, 5(c)(2), 6(j)(1), Aug. 6, 1991, 105 Stat. 406, 409; Pub.
L. 102-405, title I, 107(h), Oct. 9, 1992, 106 Stat. 1978, provided
that:
''(a) Authority for Program. -- (1) The Secretary of Veterans Affairs
shall conduct a pilot program to provide care and treatment and
rehabilitative services (directly or by contract) in halfway houses,
therapeutic communities, psychiatric residential treatment centers, and
other community-based treatment facilities to homeless veterans
suffering from chronic mental illness disabilities who are eligible for
care under section 1710(a)(1) of title 38, United States Code.
''(2) As part of the pilot program, the Secretary may also provide
such care and treatment and rehabilitative services --
''(A) to veterans being furnished hospital or nursing home care by
the Secretary for a chronic mental illness disability; and
''(B) to veterans with service-connected chronic mental illness
disabilities.
''(b) Criteria for Facilities. -- Before furnishing care and
treatment and rehabilitative services by contract under subsection (a)
to a veteran through a facility described in subsection (a), the
Secretary shall approve (in accordance with criteria which the Secretary
shall prescribe) the quality and effectiveness of the program operated
by such facility for the purpose for which such veteran is to be
furnished such care and services.
''(c) In-Kind Assistance. -- The Secretary may provide in-kind
assistance (through the services of Department of Veterans Affairs
employees and the sharing of other Department of Veterans Affairs
resources) to a facility described in subsection (a) under this section.
Any such in-kind assistance shall be provided under a contract between
the Department of Veterans Affairs and the contract facility. The
Secretary may provide such assistance only for use solely in the
furnishing of appropriate care and services under this section and only
if, under such contract, the Department of Veterans Affairs receives
reimbursement for the full cost of such assistance, including the cost
of services and supplies and normal depreciation and amortization of
equipment. Such reimbursement may be made by reduction in the charges
to the United States or by payment to the United States. Any funds
received through such reimbursement shall be credited to funds allotted
to the Department of Veterans Affairs facility that provided the
assistance.
''(d) Duration of Program. -- The authority for the pilot program
authorized by this section expires on September 30, 1994.
''(e) Report. -- Not later than February 1, 1989, the Administrator
shall submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report on the experience of the Veterans'
Administration under the pilot program through September 30, 1988, and
the recommendation of the Administrator (together with the reasons for
such recommendation) as to whether the pilot program should be
continued.
''(f) Funding. -- (1) There is authorized to be appropriated for the
pilot program under this section $6,000,000 for each of fiscal years
1988 and 1989.
''(2) Of the amounts appropriated for the pilot program for each such
fiscal year, not less than $250,000 shall be expended for management and
monitoring of the program to ensure that a high quality of care is
provided under the program and to ensure an accurate accounting of funds
for the program.
''(3) During fiscal year 1989, funds may not be obligated for the
pilot program under this section other than funds specifically
appropriated for that program.''
(Pub. L. 101-110, 1(b), Oct. 6, 1989, 103 Stat. 682, provided that:
''Notwithstanding the provisions of subsection (d) of section 115 of the
Veterans Benefits and Services Act of 1988 (Public Law 100-322) (set out
above, which prior to amendment by Pub. L. 101-237 contained pilot
program expiration date of Sept. 30, 1989), the authority for the pilot
program authorized by such section shall expire on November 30, 1989.'')
(For provisions ratifying actions taken by the Secretary of Veterans
Affairs between Oct. 1, 1989, and Oct. 6, 1989, in carrying out section
115 of Pub. L. 100-322, set out above, see section 3(b) of Pub. L.
101-110, set out as a note under section 1720B of this title.)
(For provisions ratifying actions taken by the Secretary of Veterans
Affairs between Dec. 1, 1989, and Dec. 18, 1989, in carrying out section
115 of Pub. L. 100-322, set out above, see section 604 of Pub. L.
101-237, set out as a note under section 1720B of this title.)
Section 114 of Pub. L. 100-322 directed that the report required by
section 235 of Pub. L. 99-576 (see below) include additional
information about veterans being treated by the Veterans' Administration
for mental illness disabilities who were furnished hospital,
domiciliary, or nursing home care by the Administrator during fiscal
years 1986, 1987, and 1988, and extended the deadline for submission of
the report to not later than Dec. 15, 1988.
Section 235 of Pub. L. 99-576 directed Administrator to submit to
Committees on Veterans' Affairs of Senate and House of Representatives
not later than Dec. 15, 1987, a report on Administrator's current use
of authority to contract for care and treatment, and for rehabilitative
services, for chronically mentally ill veterans through various types of
facilities and to furnish home health services to such veterans in such
veterans' homes or in other settings in which they reside.
Section 103(c) of Pub. L. 97-72, as amended by Pub. L. 102-83,
5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:
''(1) Section 1712(b)(1)(B)(iii)(I) (formerly 612(b)(1)(B)(iii)(I))
of title 38, United States Code, shall apply only to veterans discharged
or released from active military, naval, or air service after August 12,
1981.
''(2) A veteran who before August 13, 1981 --
''(A) was discharged or released from active military, naval, or air
service,
''(B) reentered such service within one year after the date of such
discharge or release, and
''(C) was discharged or released from such subsequent service,
may be provided dental services and treatment in the same manner as
provided for in section 1712(b) (formerly 612(b)) of title 38, United
States Code, if the veteran is otherwise eligible for such services and
treatment and if application for such services and treatment is or was
made within one year from the date of such subsequent discharge or
release.''
October 1, 1979
Section 505 of Pub. L. 96-22 directed Administrator of Veterans'
Affairs to submit a report to Committees on Veterans' Affairs of Senate
and House of Representatives not later than Oct. 1, 1979, on needs of
veterans who are totally blind from service-connected causes for home
modifications the cost of which would exceed the amount allowable for
such purposes under subsec. (a) of this section and on reasons why such
veterans have not applied for home health services.
Section 103(b) of Pub. L. 94-581, as amended by Pub. L. 100-527,
10(1), Oct. 25, 1988, 102 Stat. 2640; Pub. L. 102-83, 5(c)(2), Aug.
6, 1991, 105 Stat. 406, provided that: ''Not later than one year after
the effective date of this section (Oct. 21, 1976), and annually
thereafter, the Secretary of Veterans Affairs shall report to the
Congress on the results of the regulations prescribed to carry out the
amendment (adding section 1712(i) (formerly 612(i)) of title 38, United
States Code) made by subsection (a)(8) of this section.''
Section 117(b) of Pub. L. 94-581 directed Administrator, not later
than ninety days after Oct. 21, 1976, to take all appropriate steps to
ensure that each individual eligible for new or expanded services as a
result of amendments made by Veterans Omnibus Health Care Act of 1976
(Pub. L. 94-581) was personally notified about his or her eligibility
and the way to secure care and services and directed Administrator to
send copies of all notification forms to appropriate House and Senate
committees, along with a description of how the forms were distributed.
/1/ So in original.
/2/ See References in Text note below.
38 USC 1712A. Eligibility for readjustment counseling and related
mental health services
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Upon the request of any veteran who served on active duty
during the Vietnam era, the Secretary shall, within the limits of
Department facilities, furnish counseling to such veteran to assist such
veteran in readjusting to civilian life. Such counseling shall include
a general mental and psychological assessment to ascertain whether such
veteran has mental or psychological problems associated with
readjustment to civilian life.
(2)(A) The Secretary shall furnish counseling as described in
paragraph (1), upon request, to any veteran who served on active duty
after May 7, 1975, in an area at a time during which hostilities
occurred in such area.
(B) For the purposes of subparagraph (A) of this paragraph, the term
''hostilities'' means an armed conflict in which members of the Armed
Forces are subjected to danger comparable to the danger to which members
of the Armed Forces have been subjected in combat with enemy armed
forces during a period of war, as determined by the Secretary in
consultation with the Secretary of Defense.
(b)(1) If, on the basis of the assessment furnished under subsection
(a) of this section, a physician or psychologist employed by the
Department (or, in areas where no such physician or psychologist is
available, a physician or psychologist carrying out such function under
a contract or fee arrangement with the Secretary) determines that the
provision of mental health services to such veteran is necessary to
facilitate the successful readjustment of the veteran to civilian life,
such veteran shall, within the limits of Department facilities, be
furnished such services on an outpatient basis under the conditions
specified in section 1712(a)(5)(B) of this title. For the purposes of
furnishing such mental health services, the counseling furnished under
subsection (a) of this section shall be considered to have been
furnished by the Department as a part of hospital care. Any hospital
care and other medical services considered necessary on the basis of the
assessment furnished under subsection (a) of this section shall be
furnished only in accordance with the eligibility criteria otherwise set
forth in this chapter (including the eligibility criteria set forth in
section 1711(b) of this title).
(2) Mental health services furnished under paragraph (1) of this
subsection may, if determined to be essential to the effective treatment
and readjustment of the veteran, include such consultation, counseling,
training, services, and expenses as are described in section 1701(6)(B)
of this title.
(c) Upon receipt of a request for counseling under this section from
any individual who has been discharged or released from active military,
naval, or air service but who is not eligible for such counseling, the
Secretary shall --
(1) provide referral services to assist such individual, to the
maximum extent practicable, in obtaining mental health care and services
from sources outside the Department; and
(2) if pertinent, advise such individual of such individual's rights
to apply to the appropriate military, naval, or air service and the
Department for review of such individual's discharge or release from
such service.
(d) The Under Secretary for Health may provide for such training of
professional, paraprofessional, and lay personnel as is necessary to
carry out this section effectively, and, in carrying out this section,
may utilize the services of paraprofessionals, individuals who are
volunteers working without compensation, and individuals who are
veteran-students (as described in section 3485 of this title) in initial
intake and screening activities.
(e)(1) In furnishing counseling and related mental health services
under subsections (a) and (b) of this section, the Secretary shall have
available the same authority to enter into contracts with private
facilities that is available to the Secretary (under sections
1712(a)(1)(B) and 1703(a)(2) of this title) in furnishing medical
services to veterans suffering from total service-connected
disabilities.
(2) Before furnishing counseling or related mental health services
described in subsections (a) and (b) of this section through a contract
facility, as authorized by this subsection, the Secretary shall approve
(in accordance with criteria which the Secretary shall prescribe by
regulation) the quality and effectiveness of the program operated by
such facility for the purpose for which the counseling or services are
to be furnished.
(3) The authority of the Secretary to enter into contracts under this
subsection shall be effective for any fiscal year only to such extent or
in such amounts as are provided in appropriation Acts.
(f) The Secretary, in cooperation with the Secretary of Defense,
shall take such action as the Secretary considers appropriate to notify
veterans who may be eligible for assistance under this section of such
potential eligibility.
(g)(1)(A) Except as provided in subparagraph (C) of this paragraph,
the Secretary may close or relocate a center in existence on January 1,
1988, only as described in the national plan required by paragraph (3)
of this subsection (or in a revision to such plan under paragraph (4) of
this subsection in which the closure or relocation of that center is
proposed).
(B) A closure or relocation of a center which is proposed in such
national plan may be carried out only after the end of the 120-day
period beginning on the date on which the national plan is submitted. A
closure or relocation of a center not proposed in such plan may be
carried out only after the end of the 60-day period beginning on the
date the Secretary submits a revision to such plan in which the closure
or relocation of that center is proposed.
(C) The Secretary may relocate a center in existence on January 1,
1988, without regard to the national plan (including any revision to
such plan) if such relocation is to a new location away from a
Department general health-care facility when such relocation is
necessitated by circumstances beyond the control of the Department.
Such a relocation may be carried out only after the end of the 30-day
period beginning on the date on which the Secretary notifies the
Committees on Veterans' Affairs of the Senate and the House of
Representatives of the proposed relocation, of the circumstances making
it necessary, and of the reason for the selection of the new site for
the center.
(2)(A) Not later than April 1, 1988, the Secretary shall submit to
the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the Secretary's evaluation of the
effectiveness in helping to meet the readjustment needs of veterans who
served on active duty during the Vietnam era of the readjustment
counseling and mental health services provided pursuant to this section
(and of outreach efforts with respect to such counseling and services).
Such report shall give particular attention, in light of the results of
the study required by section 102 of the Veterans' Health Care
Amendments of 1983 (Public Law 98-160), to the provision of such
counseling and services to veterans with post-traumatic stress disorder
and to the diagnosis and treatment of such disorder.
(B) The report required by subparagraph (A) of this paragraph shall
include --
(i) the opinion of the Secretary with respect to (I) the extent to
which the readjustment needs of veterans who served on active duty
during the Vietnam era remain unmet, and (II) the extent to which the
provision of readjustment counseling services under this section in
centers is needed to meet such needs; and
(ii) in light of the opinion submitted pursuant to clause (i) of this
subparagraph, such recommendations for amendments to this subsection and
for other legislative and administrative action as the Secretary
considers appropriate.
(3)(A) The Secretary, after considering the recommendations of the
Under Secretary for Health, shall submit to such committees a report
setting forth a national plan for all centers in existence on January 1,
1988. Such national plan shall set forth the Secretary's proposals as
to each such center for a period (to be determined by the Secretary) of
not less than 12 months beginning on the date of the submission of the
report. The plan shall include, as to each center, whether the
Secretary proposes to relocate the center to a general Department
facility, relocate the center to a new location away from a general
Department facility, expand the center in the same location, or close
the center. The plan shall also set forth any proposal of the Secretary
to open additional centers.
(B) The plan shall include the Secretary's evaluation as to how, in
light of each of the criteria described in subparagraph (C) of this
paragraph, the proposal set forth in the plan for each center covered by
the plan would ensure the continued availability and effective
furnishing of readjustment counseling services to eligible veterans
needing such services in the geographic area served by that center.
(C) The Secretary shall make the evaluation described in subparagraph
(B) of this paragraph with respect to any center in light of the
following:
(i) The distribution of Vietnam-era veterans in the geographic area
served by the center and the relationships between the location of such
center and the general Department facility and such distribution.
(ii) The distance between the center and the general Department
facility.
(iii) The availability of other entities (such as State, local, or
private outreach facilities) which provide assistance to Vietnam-era
veterans in the area served by the center.
(iv) The availability of transportation to, and parking at, the
center and the general Department facility.
(v) The availability, cost, and suitability of the space at the
general Department facility.
(vi) The overall cost impact of the proposed closure or relocation,
including a comparison of the recurring nonpersonnel costs of providing
readjustment counseling to the same estimated number of veterans at the
center and the general Department facility.
(vii) The workload trends over the two previous fiscal years, and
projected over the next fiscal year (or longer), at the center.
(viii) Such other factors as the Secretary determines to be relevant
to making the evaluation described in subparagraph (B) of this
paragraph.
(D) For the purposes of this paragraph, the term ''general Department
facility'' means a Department facility which is not a center and at
which readjustment counseling would be furnished in a particular
geographic area upon the closure or relocation of a center.
(4) After submitting the plan required by paragraph (3) of this
subsection, the Secretary may submit to the committees a revision to
such plan in order to modify the proposal set forth in the plan as to
any center. Any such revision shall include, with respect to each
center addressed in the revision, a description of the Secretary's
evaluation of the matters specified in paragraphs (3)(B) and (3)(C) of
this subsection.
(5) For purposes of determining a period of time under paragraph
(1)(B) of this subsection, if the national plan (or a revision to the
national plan) is submitted to the committees during the 121-day period
beginning 60 days before and ending 60 days after the final day of a
session of the Congress, it shall be deemed to have been submitted on
the sixty-first day after the final day of such session.
((h) Repealed. Pub. L. 102-83, 4(b)(6), Aug. 6, 1991, 105 Stat.
405.)
(i) For the purposes of this section:
(1) The term ''center'' means a facility (including a Resource Center
designated under subsection (h)(3)(A) of this section) which is operated
by the Department for the provision of services under this section and
which (A) is situated apart from Department general health-care
facilities, or (B) was so situated but has been relocated to a
Department general health-care facility.
(2) The term ''Department general health-care facility'' means a
health-care facility which is operated by the Department for the
furnishing of health-care services under this chapter, not limited to
services provided through the program established under this section.
(Added Pub. L. 96-22, title I, 103(a)(1), June 13, 1979, 93 Stat.
48, 612A; amended Pub. L. 96-128, title V, 501(b), Nov. 28, 1979, 93
Stat. 987; Pub. L. 97-72, title I, 104(a)(1), (b), Nov. 3, 1981, 95
Stat. 1049; Pub. L. 98-160, title I, 101, Nov. 21, 1983, 97 Stat.
993; Pub. L. 99-166, title I, 105, 106, Dec. 3, 1985, 99 Stat. 944,
945; Pub. L. 99-272, title XIX, 19011(d)(4), 19012(c)(3), Apr. 7,
1986, 100 Stat. 379, 382; Pub. L. 99-576, title II, 204, title VII,
702(6), Oct. 28, 1986, 100 Stat. 3255, 3302; Pub. L. 100-322, title I,
107(a)-(e), May 20, 1988, 102 Stat. 494-496; Pub. L. 100-687, div. B,
title XV, 1501(a), Nov. 18, 1988, 102 Stat. 4132; Pub. L. 102-25,
title III, 334(d), Apr. 6, 1991, 105 Stat. 89; Pub. L. 102-54,
14(b)(11), June 13, 1991, 105 Stat. 283; renumbered 1712A and amended
Pub. L. 102-83, 4(a)(3), (4), (b)(1), (2)(E), (6), 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 404-406; Pub. L. 102-405, title III, 302(c)(1),
Oct. 9, 1992, 106 Stat. 1984.)
Section 102 of the Veterans' Health Care Amendments of 1983, referred
to in subsec. (g)(2)(A), is section 102 of Pub. L. 98-160, title I,
Nov. 21, 183, 97 Stat. 994, which was formerly set out below.
1992 -- Subsecs. (d), (g)(3)(A). Pub. L. 102-405 substituted
''Under Secretary for Health'' for ''Chief Medical Director''.
1991 -- Pub. L. 102-83, 5(a), renumbered section 612A of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in par. (1).
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in par. (1).
Pub. L. 102-25 designated existing provisions as par. (1) and added
par. (2).
Subsec. (b)(1). Pub. L. 102-83, 5(c)(1), substituted
''1712(a)(5)(B)'' for ''612(a)(5)(B)'' and ''1711(b)'' for ''611(b)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' wherever appearing.
Pub. L. 102-54 substituted ''section 612(a)(5)(B)'' for ''paragraph
(1)(A)(ii) of section 612(f)''.
Subsec. (b)(2). Pub. L. 102-83, 5(c)(1), substituted ''1701(6)(B)''
for ''601(6)(B)''.
Subsec. (c). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in introductory provisions.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in pars. (1) and (2).
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''3485'' for
''1685''.
Subsec. (e). Pub. L. 102-83, 5(c)(1), substituted ''1712(a)(1)(B)
and 1703(a)(2)'' for ''612(a)(1)(B) and 603(a)(2)'' in par. (1).
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Subsec. (f). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places.
Subsec. (g). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' and ''Secretary's'' for
''Administrator's'' wherever appearing.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' wherever appearing.
Subsec. (h). Pub. L. 102-83, 4(b)(6), struck out subsec. (h) which
related to carrying out a pilot program to provide and coordinate
services to meet the readjustment needs of veterans on active duty
during the Vietnam era.
Subsec. (i). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration'' wherever appearing.
1988 -- Subsec. (g)(1). Pub. L. 100-322, 107(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''During the
24-month period ending on September 30, 1989, the Administrator shall
take appropriate steps to ensure --
''(A) the orderly, gradual transition, by October 1, 1989, of that
part of the program established under this section for the provision of
readjustment counseling services by Veterans' Administration personnel
from a program providing such services primarily through centers located
in facilities situated apart from the health-care facilities operated by
the Veterans' Administration for the provision of other health-care
services under other provisions of this chapter to a program providing
readjustment counseling services primarily through such health-care
facilities; and
''(B) the continued availability after such date of readjustment
counseling and related mental health services under this section to
veterans eligible for the provision of such counseling and services who
request such counseling.''
Subsec. (g)(1)(A). Pub. L. 100-687, 1501(a)(1), substituted ''Except
as provided in subparagraph (C) of this paragraph, the'' for ''The''.
Subsec. (g)(1)(C). Pub. L. 100-687, 1501(a)(2), added subpar. (C).
Subsec. (g)(2)(A). Pub. L. 100-322, 107(b), substituted ''April 1,
1988'' for ''April 1, 1987'' and struck out ''(or, if the study is not
then completed, whatever information from it is then available)'' after
''(Public Law 98-160)''.
Subsec. (g)(2)(B)(i). Pub. L. 100-322, 107(e)(1)(A), substituted
''in centers is needed'' for ''in a program providing such services
through facilities situated apart from Veterans' Administration
health-care facilities is needed''.
Subsec. (g)(2)(B)(ii). Pub. L. 100-322, 107(e)(1)(B), substituted
''this subsection'' for ''paragraph (1) of this subsection''.
Subsec. (g)(3) to (5). Pub. L. 100-322, 107(c), added pars. (3) to
(5) and struck out former pars. (3) and (4) which read as follows:
''(3) Not later than July 1, 1987, the Administrator shall submit to
such committees a report containing a description of the plans made and
timetable for carrying out paragraph (1) of this subsection. Such
report shall be prepared taking into consideration the results of the
study referred to in paragraph (2)(A) of this subsection (or, if the
study is not then completed, whatever information from it is then
available).
''(4) Not later than February 1, 1989, the Administrator shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the experience under as much of the
transition as was carried out pursuant to paragraph (1) of this
subsection before September 30, 1988, including such recommendations for
legislative and administrative action as the Administrator considers
appropriate in light of such experience.''
Subsec. (h)(3)(B). Pub. L. 100-322, 107(e)(2)(A), substituted
''referred to as 'Resource Centers')'' for ''referred to as
'Centers')''.
Subsec. (h)(4), (5). Pub. L. 100-322, 107(e)(2)(B), substituted
''Resource Center'' for ''Center'' wherever appearing.
Subsec. (i). Pub. L. 100-322, 107(d), added subsec. (i).
1986 -- Subsec. (b)(1). Pub. L. 99-272, 19011(d)(4)(A), substituted
''paragraph (1)(A)(ii)'' for ''clause (1)(B)''.
Subsec. (e)(1). Pub. L. 99-272, 19012(c)(3), substituted
''603(a)(2)'' for ''601(4)(C)(ii)''.
Pub. L. 99-272, 19011(d)(4)(B), substituted ''612(a)(1)(B)'' for
''612(f)(2)''.
Subsec. (g)(1). Pub. L. 99-576, 204(a), substituted ''the 24-month
period ending on September 30, 1989'' for ''the twelve-month period
ending on September 30, 1988'' in introductory provision, and
substituted ''orderly, gradual transition by October 1, 1989'' for
''orderly transition, by October 1, 1988'' in subpar. (A).
Subsec. (g)(2)(A). Pub. L. 99-576, 204(b)(1), inserted ''(Pub. L.
98-160) (or, if the study is not then completed, whatever information
from it is then available)'' after ''the Veterans' Health Care
Amendments of 1983''.
Subsec. (g)(3). Pub. L. 99-576, 204(b)(2), inserted at end ''Such
report shall be prepared taking into consideration the results of the
study referred to in paragraph (2)(A) of this subsection (or, if the
study is not then completed, whatever information from it is then
available).''
Subsec. (g)(4). Pub. L. 99-576, 204(c), added par. (4).
Subsec. (h)(3)(A)(i). Pub. L. 99-576, 702(6), substituted ''December
3, 1985,'' for ''the date of the enactment of this section''.
1985 -- Subsec. (g)(1)(B). Pub. L. 99-166, 106, which directed the
substitution of ''who request such counseling'' for ''who requested
counseling before such date'', was executed by making the substitution
for the phrase ''who requested such counseling before such date'' to
reflect the probable intent of Congress.
Subsec. (h). Pub. L. 99-166, 105, added subsec. (h).
1983 -- Subsec. (a). Pub. L. 98-160, 101(a), struck out ''if such
veteran requests such counseling within two years after the date of such
veteran's discharge or release from active duty, or by September 30,
1984, whichever is later'' after ''to assist such veteran in readjusting
to civilian life''.
Subsec. (g)(1). Pub. L. 98-160, 101(b)(1), substituted ''September
30, 1988'' for ''September 30, 1984'' in provisions preceding subpar.
(A).
Subsec. (g)(1)(A). Pub. L. 98-160, 101(b)(1), substituted ''October
1, 1988'' for ''October 1, 1984''.
Subsec. (g)(2). Pub. L. 98-160, 101(b)(2), amended par. (2)
generally, designating existing provisions as subpar. (A), substituting
''Not later than April 1, 1987, the Administrator shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the Administrator's evaluation of the
effectiveness in helping to meet the readjustment needs of veterans who
served on active duty during the Vietnam era of the readjustment
counseling and mental health services provided pursuant to this section
(and of outreach efforts with respect to such counseling and services).
Such report shall give particular attention, in light of the results of
the study required by section 102 of the Veterans' Health Care
Amendments of 1983, to the provision of such counseling and services to
veterans with post-traumatic stress disorder and to the diagnosis and
treatment of such disorder'' for ''Not later than April 1, 1984, the
Administrator shall submit to the Committees on Veterans' Affairs of the
Senate and the House of Representatives a report on the plans made and
actions taken to carry out this subsection'', and adding subpar. (B).
Subsec. (g)(3). Pub. L. 98-160, 101(b)(2), added par. (3).
1981 -- Subsec. (a). Pub. L. 97-72, 104(a)(1), substituted ''or by
September 30, 1984'' for ''or two years after the effective date of this
section''.
Subsec. (g). Pub. L. 97-72, 104(b), added subsec. (g).
1979 -- Subsec. (d). Pub. L. 96-128 substituted ''title)'' for
''title),''.
Amendment by section 19011(d)(4) of Pub. L. 99-272 applicable to
hospital care, nursing home care, and medical services furnished on or
after July 1, 1986, see section 19011(f) of Pub. L. 99-272, set out as
a note under section 1710 of this title.
Section 104(a)(2) of Pub. L. 97-72 provided that: ''The amendment
made by paragraph (1) (amending this section) shall take effect as of
October 1, 1981.''
Amendment by Pub. L. 96-128 effective Nov. 28, 1979, see section
601(b) of Pub. L. 96-128, set out as a note under section 1114 of this
title.
Section effective Oct. 1, 1979, see section 107 of Pub. L. 96-22,
set out as an Effective Date of 1979 Amendment note under section 1701
of this title.
Section 121 of Pub. L. 102-405 provided that:
''(a) Requirement. -- Subject to the availability of funds
appropriated pursuant to the authorization in subsection (g), the
Secretary shall conduct a program to furnish to the persons referred to
in subsection (b) the marriage and family counseling services referred
to in subsection (c). The authority to conduct the program shall expire
on September 30, 1994.
''(b) Persons Eligible for Counseling. -- The persons eligible to
receive marriage and family counseling services under the program are --
''(1) veterans who were awarded a campaign medal for active-duty
service during the Persian Gulf War and the spouses and children of such
veterans; and
''(2) veterans who are or were members of the reserve components who
were called or ordered to active duty during the Persian Gulf War and
the spouses and children of such members.
''(c) Counseling Services. -- Under the program, the Secretary may
provide marriage and family counseling that the Secretary determines,
based on an assessment by a mental-health professional employed by the
Department and designated by the Secretary (or, in an area where no such
professional is available, a mental-health professional designated by
the Secretary and performing services under a contract or fee
arrangement with the Secretary), is necessary for the amelioration of
psychological, marital, or familial difficulties that result from the
active duty service referred to in subsection (b)(1) or (2).
''(d) Manner of Furnishing Services. -- (1) Marriage and family
counseling services shall be furnished under the program --
''(A) by personnel of the Department of Veterans Affairs who are
qualified to provide such counseling services;
''(B) by appropriately certified marriage and family counselors
employed by the Department; and
''(C) by qualified mental health professionals pursuant to contracts
with the Department, when Department facilities are not capable of
furnishing economical medical services because of geographical
inaccessibility or are not capable of furnishing the services required.
''(2) The Secretary shall establish the qualifications required of
personnel under subparagraphs (A) and (C) of paragraph (1) and shall
prescribe the training, experience, and certification required of
appropriately certified marriage and family counselors under
subparagraph (B) of such paragraph.
''(3) The Secretary may employ licensed or certified marriage and
family counselors to provide counseling under paragraph (1)(B) and may
classify the positions in which they are employed at levels determined
appropriate by the Secretary, taking into consideration the training,
experience, and licensure or certification required of such counselors.
''(e) Contract Counseling Services. -- (1) Subject to paragraphs (2)
and (4), a mental health professional referred to in subsection
(d)(1)(C) may furnish marriage and family counseling services to a
person under the program as follows:
''(A) For a period of not more than 15 days beginning on the date of
the commencement of the furnishing of such services to the person.
''(B) For a 90-day period beginning on such date if --
''(i) the mental health professional submits to the Secretary a
treatment plan with respect to the person not later than 15 days after
such date; and
''(ii) the treatment plan and the assessment made under subsection
(c) are approved by an appropriate mental health professional of the
Department designated for that purpose by the Under Secretary for
Health.
''(C) For an additional 90-day period beginning on the date of the
expiration of the 90-day period referred to in subparagraph (B) (or any
subsequent 90-day period) if --
''(i) not more than 30 days before the expiration of the 90-day
period referred to in subparagraph (B) (or any subsequent 90-day
period), the mental health professional submits to the Secretary a
revised treatment plan containing a justification of the need of the
person for additional counseling services; and
''(ii) the plan is approved in accordance with the provisions of
subparagraph (B)(ii).
''(2)(A) A mental health professional referred to in paragraph (1)
who assesses the need of any person for services for the purposes of
subsection (c) may not furnish counseling services to that person.
''(B) The Secretary may waive the prohibition referred to in
subparagraph (A) for locations (as determined by the Secretary) in which
the Secretary is unable to obtain the assessment referred to in that
subparagraph from a mental health professional other than the mental
health professional with whom the Secretary enters into contracts under
subsection (d)(1)(C) for the furnishing of counseling services.
''(3) The Secretary shall reimburse mental health professionals for
the reasonable cost (as determined by the Secretary) of furnishing
counseling services under paragraph (1). In the event of the
disapproval of a treatment plan of a person submitted by a mental health
professional under paragraph (1)(B)(i), the Secretary shall reimburse
the mental health professional for the reasonable cost (as so
determined) of furnishing counseling services to the person for the
period beginning on the date of the commencement of such services and
ending on the date of the disapproval.
''(4) The Secretary may authorize the furnishing of counseling in an
individual case for a period shorter than the 90-day period specified in
subparagraph (B) or (C) of paragraph (1) and, upon further
consideration, extend the shorter period to the full 90 days.
''(5)(A) For the purposes of this subsection, the term 'treatment
plan', with respect to a person entitled to counseling services under
the program, must include --
''(i) an assessment by the mental health professional submitting the
plan of the counseling needs of the person described in the plan on the
date of the submittal of the plan; and
''(ii) a description of the counseling services to be furnished to
the person by the mental health professional during the 90-day period
covered by the plan, including the number of counseling sessions
proposed as part of such services.
''(B) The Secretary shall prescribe an appropriate form for the
treatment plan.
''(f) Cost Recovery. -- For the purposes of section 1729 of title 38,
United States Code, marriage and family counseling services furnished
under the program shall be deemed to be care and services furnished by
the Department under chapter 17 of such title, and the United States
shall be entitled to recover or collect the reasonable cost of such
services in accordance with that section.
''(g) Authorization of Appropriations. -- There is authorized to be
appropriated $10,000,000 for each of fiscal years 1993 and 1994 to carry
out this section.
''(h) Report. -- Not later than July 1, 1994, the Secretary shall
submit to Congress a report on the program conducted pursuant to this
section. The report shall contain information regarding the persons
furnished counseling services under the program, including --
''(1) the number of such persons, stated as a total number and
separately for each eligibility status referred to in subsection (b);
''(2) the age and gender of such persons;
''(3) the manner in which such persons were furnished such services
under the program; and
''(4) the number of counseling sessions furnished to such persons.
''(i) Definitions. -- For the purposes of this section, the terms
'veteran', 'child', 'active duty', 'reserve component', 'spouse', and
'Persian Gulf War' have the meanings given such terms in paragraphs
101(2), (4), (21), (27), (31), and (33) of section 101 of title 38,
United States Code, respectively.''
Section 123 of Pub. L. 102-405 provided that:
''(a) Plan. -- The Secretary shall develop a plan --
''(1) to ensure, to the maximum extent practicable, that veterans
suffering from post-traumatic stress disorder related to active duty are
provided appropriate treatment and rehabilitative services for that
condition in a timely manner;
''(2) to expand and improve the services available for veterans
suffering from post-traumatic stress disorder related to active duty;
''(3) to eliminate waiting lists for inpatient treatment and other
modes of treatment for post-traumatic stress disorder;
''(4) to enhance outreach activities carried out to inform
combat-area veterans of the availability of treatment for post-traumatic
stress disorder; and
''(5) to ensure, to the extent practicable, that there are Department
post-traumatic stress disorder treatment units in locations that are
readily accessible to veterans residing in rural areas of the United
States.
''(b) Considerations. -- In developing the plan referred to in
subsection (a), the Secretary shall consider --
''(1) the numbers of veterans suffering from post-traumatic stress
disorder related to active duty, as indicated by relevant studies,
scientific and clinical reports, and other pertinent information;
''(2) the numbers of veterans who would likely seek post-traumatic
stress disorder treatment from the Department if waiting times for
treatment were eliminated and outreach activities to combat-area
veterans with post-traumatic stress disorder were enhanced;
''(3) the current and projected capacity of the Department to provide
appropriate treatment and rehabilitative services for post-traumatic
stress disorder;
''(4) the level and geographic accessibility of inpatient and
outpatient care available through the Department for veterans suffering
from post-traumatic stress disorder across the United States;
''(5) the desirability of providing that inpatient and outpatient
post-traumatic stress disorder care be furnished in facilities of the
Department that are physically independent of general psychiatric wards
of the medical facilities of the Department;
''(6) the treatment needs of veterans suffering from post-traumatic
stress disorder who are women, of such veterans who are ethnic
minorities (including Native Americans, Native Hawaiians, Asian-Pacific
Islanders, and Native Alaskans), and of such veterans who suffer from
substance abuse problems in addition to post-traumatic stress disorder;
and
''(7) the recommendations of the Special Committee on
Post-Traumatic-Stress Disorder with respect to (A) specialized inpatient
and outpatient programs of the Department for the treatment of
post-traumatic stress disorder, and (B) with respect to the
establishment of educational programs that are designed for each of the
various levels of education, training, and experience of the various
mental health professionals involved in the treatment of veterans
suffering from post-traumatic stress disorder.
''(c) Report. -- Not later than six months after the date of the
enactment of this Act (Oct. 9, 1992), the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the plan developed pursuant to subsection
(a). The report shall include specific information relating to the
consideration given to the matters described in subsection (b).
''(d) Definitions. -- For the purposes of this section:
''(1) The term 'active duty' has the meaning given that term in
section 101(21) of title 38, United States Code.
''(2) The term 'veteran' has the meaning given that term in section
101(2) of such title.
''(3) The term 'combat-area veteran' means a veteran who served on
active duty in an area at a time during which hostilities (as defined in
section 1712A(a)(2)(B) of such title) occurred in such area.''
Section 122(b) of Pub. L. 102-405 provided that:
''(1) Not later than October 1, 1992, and October 1, 1993, the
Special Committee on Post-Traumatic-Stress Disorder established pursuant
to section 110(b)(1) of the Veterans' Health Care Act of 1984 (38 U.S.C.
1712A note) shall concurrently submit to the Secretary and the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report containing information updating the reports
submitted to the Secretary under section 110(e) of the Veterans' Health
Care Act of 1984 (Pub. L. 98-528, set out below), together with any
additional information the Special Committee considers appropriate
regarding the overall efforts of the Department of Veterans Affairs to
meet the needs of veterans with post-traumatic stress disorder and other
psychological problems in readjusting to civilian life.
''(2) Not later than 90 days after receiving each of the reports
under paragraph (1), the Secretary shall submit to the committees any
comments concerning the report that the Secretary considers
appropriate.''
Similar provisions were contained in Pub. L. 101-237, title II,
201(e), Dec. 18, 1989, 103 Stat. 2066, as amended by Pub. L.
101-366, title II, 204, Aug. 15, 1990, 104 Stat. 439.
Section 1501(b) of Pub. L. 100-687 related to relocation of 17
Veterans' Administration Readjustment Counseling Service Vet Centers
from their locations away from general Veterans' Administration
health-care facilities to other such locations.
Section 107(f) of Pub. L. 100-322, as amended by Pub. L. 100-527,
10(4), Oct. 25, 1988, 102 Stat. 2641; Pub. L. 102-40, 2(b), May 7,
1991, 105 Stat. 187; Pub. L. 102-83, 5(c)(2), Aug. 6, 1991, 105
Stat. 406, provided that: ''The Chief Medical Director (now Under
Secretary for Health) of the Department of Veterans Affairs may not
delegate the function of making recommendations under section
1712A(g)(3)(A) (formerly 612A(g)(3)(A)) of title 38, United States Code,
as amended by subsection (c).''
Education and Training of
Health-Care Personnel;
Coordination With Readjustment Counseling; Special
Committee; National Center; Compilation and
on of Research Results; Reports to
Congressional Committees
Pub. L. 98-528, title I, 110, Oct. 19, 1984, 98 Stat. 2691, as
amended by Pub. L. 100-527, 10(2), (4), (5), Oct. 25, 1988, 102 Stat.
2641; Pub. L. 102-83, 5(c)(2), Aug. 6, 1991, 105 Stat. 406,
provided that:
''(a)(1) The Chief Medical Director (now Under Secretary for Health)
of the Department of Veterans Affairs may designate special programs
within the Veterans Health Administration for the diagnosis and
treatment of post-traumatic-stress disorder (hereinafter in this section
referred to as 'PTSD').
''(2) The Chief Medical Director (now Under Secretary for Health)
shall direct (A) that (in addition to providing diagnostic and treatment
services for PTSD) Department of Veterans Affairs programs designated
under paragraph (1) (hereinafter in this section referred to as
'designated PTSD programs') carry out activities to promote the
education and training of health-care personnel (including health-care
personnel not working for the Department of Veterans Affairs or the
Federal Government) in the causes, diagnosis, and treatment of PTSD, and
(B) that (when appropriate) the provision of treatment services under
such program be coordinated with the provision of readjustment
counseling services under section 1712A (formerly 612A) of title 38,
United States Code.
''(b)(1) The Chief Medical Director (now Under Secretary for Health)
shall establish in the Veterans Health Administration a Special
Committee on Post-Traumatic-Stress Disorder (hereinafter in this section
referred to as the 'Special Committee'). The Chief Medical Director
shall appoint qualified employees of the Administration to serve on the
Special Committee.
''(2) The Special Committee shall assess, and carry out a continuing
assessment of, the capacity of the Department of Veterans Affairs to
provide diagnostic and treatment services for PTSD to veterans eligible
for health care furnished by the Department of Veterans Affairs.
''(3) The Special Committee shall also advise the Chief Medical
Director (now Under Secretary for Health) regarding the development of
policies, the provision of guidance, and the coordination of services
for the diagnosis and treatment of PTSD (A) in designated PTSD programs,
(B) in inpatient psychiatric programs and outpatient mental health
programs other than designated PTSD programs, and (C) in readjustment
counseling programs of the Department of Veterans Affairs.
''(4) The Special Committee shall also make recommendations to the
Chief Medical Director (now Under Secretary for Health) for guidance
with respect to PTSD regarding --
''(A) appropriate diagnostic and treatment methods;
''(B) referral for and coordination of followup care;
''(C) the evaluation of PTSD treatment programs;
''(D) the conduct of research concerning such diagnosis and treatment
(taking into account the provisions of subsection (c));
''(E) special programs of education and training for employees of the
Veterans Health Administration and the Veterans Benefits Administration
(also taking into account such provisions);
''(F) the appropriate allocation of resources for all such
activities; and
''(G) any specific steps that should be taken to improve such
diagnosis and treatment and to correct any deficiencies in the
operations of designated PTSD programs.
''(c) The Chief Medical Director (now Under Secretary for Health)
shall establish and operate in the Veterans Health Administration a
National Center on Post-Traumatic-Stress Disorder. The National Center
(1) shall carry out and promote the training of health care and related
personnel in, and research into, the causes and diagnosis of PTSD and
the treatment of veterans for PTSD, and (2) shall serve as a resource
center for, and promote and seek to coordinate the exchange of
information regarding, all research and training activities carried out
by the Department of Veterans Affairs, and by other Federal and
non-Federal entities, with respect to PTSD.
''(d) The Chief Medical Director (now Under Secretary for Health)
shall regularly compile and publish the results of research that has
been conducted relating to PTSD.
''(e) (Omitted. Directed Administrator to submit, not later than Mar.
1, 1985, a report to congressional committees on implementation of this
section, and, not later than Feb. 1, 1986, and Feb. 1 of each of the
three following years, to submit a report updating the reports
previously submitted.).''
Section 102 of Pub. L. 98-160, as amended by Pub. L. 99-576, title
II, 216, Oct. 28, 1986, 100 Stat. 3259, directed Administrator of
Veterans' Affairs to provide for the conducting of a comprehensive study
of prevalence and incidence in population of Vietnam veterans of
post-traumatic stress disorder and other psychological problems of
readjusting to civilian life and effects of such problems on such
veterans and directed Administrator to submit to Committees on Veterans'
Affairs of Senate and House of Representatives not later than Oct. 1,
1986, a report on results of study.
Section 103(b) of Pub. L. 96-22, as amended by Pub. L. 102-83,
5(c)(2), 6(d), Aug. 6, 1991, 105 Stat. 406, 407, provided that: ''In
the event of a declaration of war by the Congress after June 13, 1979,
the Secretary of Veterans Affairs, not later than six months after the
date of such declaration, shall determine and recommend to the Congress
whether eligibility for the readjustment counseling and related mental
health services provided for in section 1712A (formerly 612A) of title
38, United States Code (as added by subsection (a) of this section)
should be extended to the veterans of such war.''
section 1721.
38 USC 1712B. Counseling for former prisoners of war
TITLE 38 -- VETERANS' BENEFITS
The Secretary may establish a program under which, upon the request
of a veteran who is a former prisoner of war, the Secretary, within the
limits of Department facilities, furnishes counseling to such veteran to
assist such veteran in overcoming the psychological effects of the
veteran's detention or internment as a prisoner of war.
(Added Pub. L. 99-166, title I, 107(a), Dec. 3, 1985, 99 Stat. 945,
612B; renumbered 1712B and amended Pub. L. 102-83, 4(a)(3), (4),
(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 612B of this title
as this section.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in two places.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
38 USC 1713. Medical care for survivors and dependents of certain
veterans
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary is authorized to provide medical care, in
accordance with the provisions of subsection (b) of this section, for --
(1) the spouse or child of a veteran who has a total disability,
permanent in nature, resulting from a service-connected disability,
(2) the surviving spouse or child of a veteran who (A) died as a
result of a service-connected disability, or (B) at the time of death
had a total disability permanent in nature, resulting from a
service-connected disability, and
(3) the surviving spouse or child of a person who died in the active
military, naval, or air service in the line of duty and not due to such
person's own misconduct,
who are not otherwise eligible for medical care under chapter 55 of
title 10 (CHAMPUS).
(b) In order to accomplish the purposes of subsection (a) of this
section, the Secretary shall provide for medical care in the same or
similar manner and subject to the same or similar limitations as medical
care is furnished to certain dependents and survivors of active duty and
retired members of the Armed Forces under chapter 55 of title 10
(CHAMPUS), by --
(1) entering into an agreement with the Secretary of Defense under
which that Secretary shall include coverage for such medical care under
the contract, or contracts, that Secretary enters into to carry out such
chapter 55, and under which the Secretary of Veterans Affairs shall
fully reimburse the Secretary of Defense for all costs and expenditures
made for the purposes of affording the medical care authorized pursuant
to this section; or
(2) contracting in accordance with such regulations as the Secretary
shall prescribe for such insurance, medical service, or health plans as
the Secretary deems appropriate.
In cases in which Department medical facilities are equipped to
provide the care and treatment, the Secretary is also authorized to
carry out such purposes through the use of such facilities not being
utilized for the care of eligible veterans.
(c) For the purposes of this section, a child between the ages of
eighteen and twenty-three (1) who is eligible for benefits under
subsection (a) of this section, (2) who is pursuing a full-time course
of instruction at an educational institution approved under chapter 36
of this title, and (3) who, while pursuing such course of instruction,
incurs a disabling illness or injury (including a disabling illness or
injury incurred between terms, semesters, or quarters or during a
vacation or holiday period) which is not the result of such child's own
willful misconduct and which results in such child's inability to
continue or resume such child's chosen program of education at an
approved educational institution shall remain eligible for benefits
under this section until the end of the six-month period beginning on
the date the disability is removed, the end of the two-year period
beginning on the date of the onset of the disability, or the
twenty-third birthday of the child, whichever occurs first.
(d) Notwithstanding section 1086(d)(1) of title 10 or any other
provision of law, any spouse, surviving spouse, or child who, after
losing eligibility for medical care under this section by virtue of
becoming entitled to hospital insurance benefits under part A of title
XVIII of the Social Security Act (42 U.S.C. 1395c et seq.), has
exhausted any such benefits shall become eligible for medical care under
this section and shall not thereafter lose such eligibility under this
section by virtue of becoming again eligible for such hospital insurance
benefits.
(Added Pub. L. 93-82, title I, 103(b), Aug. 2, 1973, 87 Stat. 181,
613; amended Pub. L. 94-581, title I, 104, title II, 210(a)(4), Oct.
21, 1976, 90 Stat. 2845, 2862; Pub. L. 96-151, title II, 205(a), Dec.
20, 1979, 93 Stat. 1094; Pub. L. 97-72, title I, 105, Nov. 3, 1981, 95
Stat. 1050; Pub. L. 97-251, 5(a), Sept. 8, 1982, 96 Stat. 716;
renumbered 1713 and amended Pub. L. 102-83, 4(a)(3), (4), (b)(1),
(2)(B), (E), 5(a), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-190,
title VII, 704(b)(2), Dec. 5, 1991, 105 Stat. 1402.)
The Social Security Act, referred to in subsec. (d), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title XVIII of
the Social Security Act is classified generally to part A ( 1395c et
seq.) of subchapter XVIII of chapter 7 of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code, see
section 1305 of Title 42 and Tables.
Prior section 1713 was renumbered section 3513 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 613 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in introductory provisions.
Subsec. (b). Pub. L. 102-83, 4(b)(2)(B), substituted ''that
Secretary'' for second and third references to ''the Secretary'' and
''the Secretary of Defense'' for last reference to ''the Secretary'' in
par. (1).
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing in introductory and concluding
provisions and in par. (2).
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in concluding provisions.
Subsec. (d). Pub. L. 102-190 substituted ''section 1086(d)(1)'' for
''the second sentence of section 1086(c)''.
1982 -- Subsec. (d). Pub. L. 97-251 added subsec. (d).
1981 -- Subsec. (b). Pub. L. 97-72 substituted ''equipped to provide
the care and treatment'' for ''particularly equipped to provide the most
effective care and treatment'' in provisions following par. (2).
1979 -- Subsec. (a). Pub. L. 96-151, 205(a)(1), in cl. (1)
substituted reference to spouse for reference to wife, in cl. (2)
substituted reference to surviving spouse for reference to widow, and
added cl. (3).
Subsec. (c). Pub. L. 96-151, 205(a)(2), added subsec. (c).
1976 -- Subsec. (a)(2). Pub. L. 94-581, 104, designated existing
provisions as cl. (A) and added cl. (B).
Subsec. (b)(1). Pub. L. 94-581, 210(a)(4)(A), substituted ''the
Secretary enters'' for ''he enters''.
Subsec. (b)(2). Pub. L. 94-581, 210(a)(4)(B), substituted ''the
Administrator'' for ''he'' in two places.
Section 5(b) of Pub. L. 97-251 provided that: ''The amendment made
by subsection (a) (amending this section) shall take effect on October
1, 1982.''
Section 205(b) of Pub. L. 96-151 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect with
respect to fiscal year 1980 only to such extent and for such amounts as
may be specifically provided for such purpose in appropriation Acts.''
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
Section effective Sept. 1, 1973, see section 501 of Pub. L. 93-82,
set out as an Effective Date of 1973 Amendment note under section 1701
of this title.
38 USC 1714. Fitting and training in use of prosthetic appliances;
seeing-eye dogs
TITLE 38 -- VETERANS' BENEFITS
(a) Any veteran who is entitled to a prosthetic appliance shall be
furnished such fitting and training, including institutional training,
in the use of such appliance as may be necessary, whether in a
Department facility or other training institution, or by outpatient
treatment, including such service under contract, and including travel
and incidental expenses (under the terms and conditions set forth in
section 111 of this title) to and from such veteran's home to such
hospital or training institution.
(b) The Secretary may provide seeing-eye or guide dogs trained for
the aid of the blind to veterans who are entitled to disability
compensation, and may pay travel and incidental expenses (under the
terms and conditions set forth in section 111 of this title) to and from
their homes and incurred in becoming adjusted to such seeing-eye or
guide dogs. The Secretary may also provide such veterans with
mechanical or electronic equipment for aiding them in overcoming the
handicap of blindness.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1143, 614; Pub. L. 93-82,
title I, 103(b), Aug. 2, 1973, 87 Stat. 181; Pub. L. 94-581, title II,
210(a)(5), Oct. 21, 1976, 90 Stat. 2862; Pub. L. 96-151, title II,
201(c), Dec. 20, 1979, 93 Stat. 1093; renumbered 1714 and amended Pub.
L. 102-83, 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.
404-406.)
Prior section 1714 was renumbered section 3514 of this title.
Provisions similar to those comprising subsec. (a) of this section
were classified to section 613 of this title prior to repeal by section
103(b) of Pub. L. 93-82.
1991 -- Pub. L. 102-83, 5(a), renumbered section 614 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration''.
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places.
1979 -- Subsec. (a). Pub. L. 96-151, 201(c)(1), substituted
provisions respecting travel and incidental expenses for provisions
respecting necessary travel expenses.
Subsec. (b). Pub. L. 96-151, 201(c)(2), substituted provisions
respecting travel and incidental expenses for provisions respecting all
necessary travel expenses.
1976 -- Subsec. (a). Pub. L. 94-581, 210(a)(5)(A), substituted
''such veteran's home'' for ''his home''.
Subsec. (b). Pub. L. 94-581, 210(a)(5)(B), substituted ''and may
pay'' for ''and he may pay''.
1973 -- Pub. L. 93-82 designated existing provisions as subsec. (b)
and added subsec. (a).
Amendment by Pub. L. 96-151 effective Jan. 1, 1980, see section 206
of Pub. L. 96-151, set out as a note under section 111 of this title.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
Section effective Sept. 1, 1973, see section 501 of Pub. L. 93-82,
set out as an Effective Date of 1973 Amendment note under section 1701
of this title.
38 USC 1715. Tobacco for hospitalized veterans
TITLE 38 -- VETERANS' BENEFITS
The Secretary may furnish tobacco to veterans receiving hospital or
domiciliary care.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1143, 615; renumbered
1715 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 615 of this title
as this section.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Pub. L. 102-585, title V, 526, Nov. 4, 1992, 106 Stat. 4961,
provided that:
''(a) In General. -- The Secretary of Veterans Affairs shall take
appropriate actions to ensure that, consistent with medical requirements
and limitations, each facility of the Department described in subsection
(b) --
''(1) establishes and maintains --
''(A) a suitable indoor area in which patients or residents may smoke
and which is ventilated in a manner that, to the maximum extent
feasible, prevents smoke from entering other areas of the facility; or
''(B) an area in a building that --
''(i) is detached from the facility;
''(ii) is accessible to patients or residents of the facility; and
''(iii) has appropriate heating and air conditioning; and
''(2) provides access to an area established and maintained under
paragraph (1), consistent with medical requirements and limitations, for
patients or residents of the facility who are receiving care or services
and who desire to smoke tobacco products.
''(b) Covered Facilities. -- A Department facility referred to in
subsection (a) is any Department of Veterans Affairs medical center,
nursing home, or domiciliary care facility.
''(c) Reports. -- (1) Not later than 180 days after the date of the
enactment of this Act (Nov. 4, 1992), the Comptroller General shall
submit to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the feasibility of the establishment and
maintenance of areas for smoking in Department facilities under this
section. The report shall include information on --
''(A) the cost of, and a proposed schedule for, the establishment of
such an area at each Department facility covered by this section;
''(B) the extent to which the ventilating system of each facility is
adequate to ensure that use of the area for smoking does not result in
health problems for other patients or residents of the facility; and
''(C) the effect of the establishment and maintenance of an area for
smoking in each facility on the accreditation score issued for the
facility by the Joint Commission on the Accreditation of Health
Organizations.
''(2) Not later than 120 days after the effective date of this
section, the Secretary shall submit to the committees referred to in
paragraph (1) a report on the implementation of this section. The
report shall include a description of the actions taken at each covered
facility to ensure compliance with this section.
''(d) Effective Date. -- The requirement to establish and maintain
areas for smoking under subsection (a) shall take effect 60 days after
the date on which the Comptroller General submits to the committees
referred to in subsection (c)(1) that report required under that
subsection.''
38 USC 1716. Hospital care by other agencies of the United States
TITLE 38 -- VETERANS' BENEFITS
When so specified in an appropriation or other Act, the Secretary may
make allotments and transfers to the Departments of Health and Human
Services (Public Health Service), the Army, Navy, Air Force, or
Interior, for disbursement by them under the various headings of their
appropriations, of such amounts as are necessary for the care and
treatment of veterans entitled to hospitalization from the Department
under this chapter. The amounts to be charged the Department for care
and treatment of veterans in hospitals shall be calculated on the basis
of a per diem rate approved by the Office of Management and Budget.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1143, 616; Pub. L.
94-581, title II, 202(g), Oct. 21, 1976, 90 Stat. 2856; Pub. L.
97-295, 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; renumbered 1716 and
amended Pub. L. 102-83, 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6,
1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 616 of this title
as this section.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in two places.
1982 -- Pub. L. 97-295 substituted ''Health and Human Services'' for
''Health, Education, and Welfare''.
1976 -- Pub. L. 94-581 substituted ''Office of Management and
Budget'' for ''Bureau of the Budget''.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
38 USC 1717. Home health services; invalid lifts and other devices
TITLE 38 -- VETERANS' BENEFITS
(a)(1) As part of medical services furnished to a veteran under
section 1712(a) of this title, the Secretary may furnish such home
health services as the Secretary finds to be necessary or appropriate
for the effective and economical treatment of the veteran's disability.
(2) Improvements and structural alterations may be furnished as part
of such home health services only as necessary to assure the
continuation of treatment for the veteran's disability or to provide
access to the home or to essential lavatory and sanitary facilities.
The cost of such improvements and structural alterations (or the amount
of reimbursement therefor) under this subsection may not exceed --
(A) $4,100 in the case of medical services furnished under paragraph
(1) of section 1712(a) of this title; or
(B) $1,200 in the case of medical services furnished under any other
provision of section 1712 of this title.
(3) The Secretary may furnish home health services to a veteran in
any setting in which the veteran is residing. The Secretary may not
furnish such services in such a manner as to relieve any other person or
entity of a contractual obligation to furnish services to the veteran.
When home health services are furnished in a setting other than the
veteran's home, such services may not include any structural improvement
or alteration.
(b) The Secretary may furnish an invalid lift, or any type of
therapeutic or rehabilitative device, as well as other medical equipment
and supplies (excluding medicines), if medically indicated, to any
veteran who is receiving (1) compensation under section 1114(l)-(p) of
this title (or the comparable rates provided pursuant to section 1134 of
this title), or (2) pension under chapter 15 of this title by reason of
being in need of regular aid and attendance.
(c) The Secretary may furnish devices for assisting in overcoming the
handicap of deafness (including telecaptioning television decoders) to
any veteran who is profoundly deaf and is entitled to compensation on
account of hearing impairment.
(Added Pub. L. 86-211, 5, Aug. 29, 1959, 73 Stat. 435, 617;
amended Pub. L. 88-450, 6(a), (c), Aug. 19, 1964, 78 Stat. 504; Pub.
L. 90-77, title I, 109, Aug. 31, 1967, 81 Stat. 180; Pub. L. 90-493,
3(a), Aug. 19, 1968, 82 Stat. 809; Pub. L. 97-295, 4(18), Oct. 12,
1982, 96 Stat. 1306; Pub. L. 98-528, title I, 107, Oct. 19, 1984, 98
Stat. 2690; Pub. L. 99-576, title II, 202(2), Oct. 28, 1986, 100 Stat.
3254; Pub. L. 100-322, title I, 101(d), May 20, 1988, 102 Stat. 491;
renumbered 1717 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-405, title I,
101(a), Oct. 9, 1992, 106 Stat. 1973.)
1992 -- Subsec. (a)(2). Pub. L. 102-405 substituted ''$4,100'' for
''$2,500'' in subpar. (A) and ''$1,200'' for ''$600'' in subpar. (B).
1991 -- Pub. L. 102-83, 5(a), renumbered section 617 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1712(a)'' for
''612(a)'' in pars. (1) and (2)(A) and ''1712'' for ''612'' in par.
(2)(B).
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing in pars. (1) and (3).
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''1114(l)-(p)''
for ''314(l)-(p)'' and ''1134'' for ''334''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Subsec. (c). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1988 -- Pub. L. 100-322, 101(d)(3), substituted ''Home health
services; invalid'' for ''Invalid'' in section catchline.
Subsec. (a). Pub. L. 100-322, 101(d)(1)(B), added subsec. (a).
Former subsec. (a) redesignated (b).
Subsec. (a)(3). Pub. L. 100-322, 101(d)(2), transferred subsec. (k)
of section 612 of this title to subsec. (a) of this section and
redesignated it as par. (3).
Subsecs. (b), (c). Pub. L. 100-322, 101(d)(1)(A), redesignated
subsecs. (a) and (b) as (b) and (c), respectively.
1986 -- Subsec. (a)(3) (formerly 612(k)). Pub. L. 99-576 added
subsec. (k). See 1988 Amendment note above.
1984 -- Pub. L. 98-528 designated existing provision as subsec. (a)
and added subsec. (b).
1982 -- Pub. L. 97-295 substituted ''section 314(l)-(p) of this
title (or the comparable rates provided pursuant to section 334 of this
title)'' for ''subsections 314(l)-(p) (or the comparable rates provided
pursuant to section 334) of this title''.
1968 -- Pub. L. 90-493 substituted ''Invalid lifts and other
devices'' for ''Invalid lifts and other devices for pensioners'' in
section catchline, and inserted provisions authorizing the Administrator
to furnish lifts and other devices to any veteran who is receiving
compensation under subsections 314(l)-(p) (or the comparable rates
provided pursuant to section 334) of this title.
1967 -- Subsec. (b). Pub. L. 90-77 substituted ''to any veteran in
receipt of pension under chapter 15 of this title based on need of
regular aid and attendance'' for ''to any veteran who is eligible to
receive an invalid lift under subsection (a) of this section, or who
would be so eligible, but for the fact that he has such a lift''.
1964 -- Pub. L. 88-450 inserted ''and other devices'' in section
catchline, designated existing provisions of section as subsec. (a),
and added subsec. (b).
Section 101(b) of Pub. L. 102-405 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply with respect
to a veteran who first applies for benefits under section 1717(a)(2) of
title 38, United States Code, after December 31, 1989.''
Amendment by Pub. L. 100-322 applicable with respect to furnishing
of medical services to veterans who apply for such services after June
30, 1988, see section 101(i) of Pub. L. 100-322, set out as a note
under section 1703 of this title.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
Section effective July 1, 1960, see section 10 of Pub. L. 86-211,
set out as an Effective Date of 1959 Amendment note under section 1521
of this title.
Section 101(c) of Pub. L. 102-405 provided that: ''A veteran who
exhausts such veteran's eligibility for benefits under section
1717(a)(2) of title 38, United States Code, before January 1, 1990, is
not entitled to additional benefits under such section by reason of the
amendments made by subsection (a) (amending this section).''
38 USC 1718. Therapeutic and rehabilitative activities
TITLE 38 -- VETERANS' BENEFITS
(a) In providing rehabilitative services under this chapter, the
Secretary, upon the recommendation of the Under Secretary for Health,
may use the services of patients and members in Department health care
facilities for therapeutic and rehabilitative purposes. Such patients
and members shall not under these circumstances be held or considered as
employees of the United States for any purpose. The Secretary shall
prescribe the conditions for the use of such services.
(b)(1) In furnishing rehabilitative services under this chapter, the
Secretary, upon the recommendation of the Under Secretary for Health,
may enter into a contract or other arrangement with any appropriate
source (whether or not an element of the Department of Veterans Affairs
or of any other Federal entity) to provide for therapeutic work for
patients and members in Department health care facilities.
(2) Notwithstanding any other provision of law, the Secretary may
also furnish rehabilitative services under this subsection through
contractual arrangements with nonprofit entities to provide for such
therapeutic work for such patients. The Secretary shall establish
appropriate fiscal, accounting, management, recordkeeping, and reporting
requirements with respect to the activities of any such nonprofit entity
in connection with such contractual arrangements.
(c)(1) There is hereby established in the Treasury of the United
States a revolving fund known as the Department /1/ Special Therapeutic
and Rehabilitation Activities Fund (hereinafter in this section referred
to as the ''fund'') for the purpose of furnishing rehabilitative
services authorized in subsection (b) of this section. Such amounts of
the fund as the Secretary may determine to be necessary to establish and
maintain operating accounts for the various rehabilitative services
activities may be deposited in checking accounts in other depositaries
selected or established by the Secretary.
(2) All funds received by the Department under contractual
arrangements made under subsection (b) of this section, or by nonprofit
entities described in paragraph (2) of such subsection, shall be
deposited in or credited to the fund, and the Secretary shall distribute
out of the fund moneys to participants at rates not less than the wage
rates specified in the Fair Labor Standards Act (29 U.S.C. 201 et seq.)
and regulations prescribed thereunder for work of similar character.
(3) The Under Secretary for Health shall prepare, for inclusion in
the annual report submitted to Congress under section 529 of this title,
a description of the scope and achievements of activities carried out
under this section (including pertinent data regarding productivity and
rates of distribution) during the prior twelve months and an estimate of
the needs of the program of therapeutic and rehabilitation activities to
be carried out under this section for the ensuing fiscal year.
(d) In providing rehabilitative services under this chapter, the
Secretary shall take appropriate action to make it possible for the
patient to take maximum advantage of any benefits to which such patient
is entitled under chapter 31, 34, or 35 of this title, and, if the
patient is still receiving treatment of a prolonged nature under this
chapter, the provision of rehabilitative services under this chapter
shall be continued during, and coordinated with, the pursuit of
education and training under such chapter 31, 34, or 35.
(e) The Secretary shall prescribe regulations to ensure that the
priorities set forth in section 1712(i) of this title shall be applied,
insofar as practicable, to participation in therapeutic and
rehabilitation activities carried out under this section.
(f)(1) The Secretary may not consider any of the matters stated in
paragraph (2) as a basis for the denial or discontinuance of a rating of
total disability for purposes of compensation or pension based on the
veteran's inability to secure or follow a substantially gainful
occupation as a result of disability.
(2) Paragraph (1) applies to the following:
(A) A veteran's participation in an activity carried out under this
section.
(B) A veteran's receipt of a distribution as a result of
participation in an activity carried out under this section.
(C) A veteran's participation in a program of rehabilitative services
that (i) is provided as part of the veteran's care furnished by a State
home and (ii) is approved by the Secretary as conforming appropriately
to standards for activities carried out under this section.
(D) A veteran's receipt of payment as a result of participation in a
program described in subparagraph (C).
(3) A distribution of funds made under this section and a payment
made to a veteran under a program of rehabilitative services described
in paragraph (2)(C) shall be considered for the purposes of chapter 15
of this title to be a donation from a public or private relief or
welfare organization.
(Added Pub. L. 87-574, 2(1), Aug. 6, 1962, 76 Stat. 308, 618;
amended Pub. L. 94-581, title I, 105(a), Oct. 21, 1976, 90 Stat. 2845;
Pub. L. 98-543, title III, 303, Oct. 24, 1984, 98 Stat. 2748; Pub. L.
99-576, title II, 205, Oct. 28, 1986, 100 Stat. 3256; Pub. L. 102-54,
10, 14(b)(12), June 13, 1991, 105 Stat. 273, 284; renumbered 1718
and amended Pub. L. 102-83, 2(c)(3), 4(a)(3), (4), (b)(1), (2)(E),
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 402, 404-406; Pub. L. 102-86,
title V, 506(a)(1), Aug. 14, 1991, 105 Stat. 426; Pub. L. 102-405,
title III, 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 102-585,
title IV, 401, Nov. 4, 1992, 106 Stat. 4953.)
The Fair Labor Standards Act, referred to in subsec. (c)(2),
probably means the Fair Labor Standards Act of 1938, act June 25, 1938,
ch. 676, 52 Stat. 1060, as amended, which is classified generally to
chapter 8 ( 201 et seq.) of Title 29, Labor. For complete
classification of this Act to the Code, see section 201 of Title 29 and
Tables.
1992 -- Subsecs. (a), (b)(1), (c)(3). Pub. L. 102-405 substituted
''Under Secretary for Health'' for ''Chief Medical Director''.
Subsec. (f). Pub. L. 102-585 amended subsec. (f) generally. Prior
to amendment, subsec. (f) read as follows:
''(1) Neither a veteran's participation in an activity carried out
under this section nor a veteran's receipt of a distribution as a result
of such participation may be considered as a basis for the denial or
discontinuance of a rating of total disability for purposes of
compensation or pension based on the veteran's inability to secure or
follow a substantially gainful occupation as a result of disability.
''(2) A distribution of funds made under this section shall be
considered for purposes of chapter 15 of this title to be a donation
from a public or private relief or welfare organization.''
1991 -- Pub. L. 102-83, 5(a), renumbered section 618 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Subsec. (b)(1). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Pub. L. 102-54, 10(a), substituted ''a contract or other arrangement
with any appropriate source (whether or not an element of the Department
of Veterans Affairs or of any other Federal entity)'' for ''contractual
arrangements with private industry or other sources outside the
Veterans' Administration''.
Subsec. (b)(2). Pub. L. 102-86 amended subsec. (b)(2) of this
section as in effect before the redesignations made by Pub. L. 102-83,
5, by substituting ''arrangements'' for ''arangements'' in first
sentence.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in two places.
Subsec. (c)(1). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Pub. L. 102-54, 10(b), substituted ''furnishing rehabilitative
services authorized in'' for ''carrying out the provisions of''.
Subsec. (c)(2). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Subsec. (c)(3). Pub. L. 102-83, 2(c)(3), substituted ''section 529''
for ''section 214''.
Pub. L. 102-54, 14(b)(12), inserted ''and'' after ''productivity''.
Subsec. (d). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Subsec. (e). Pub. L. 102-83, 5(c)(1), substituted ''1712(i)'' for
''612(i)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
1986 -- Subsec. (a). Pub. L. 99-576, 205(1), substituted ''may
use'' for ''may utilize'', ''purposes. Such'' for ''purposes, at
nominal remuneration, and such'', and ''use'' for ''utilization''.
Subsec. (b)(1). Pub. L. 99-576, 205(2), struck out ''for
remuneration'' after ''therapeutic work''.
Subsec. (c)(2), (3). Pub. L. 99-576, 205(3), substituted
''distribute'' for ''pay'' in par. (2), and substituted ''rates of
distribution'' for ''and wage rates'' in par. (3).
Subsec. (f). Pub. L. 99-576, 205(4), designated existing provisions
as par. (1), substituted ''a distribution'' for ''remuneration'', and
added par. (2).
1984 -- Subsec. (f). Pub. L. 98-543 added subsec. (f).
1976 -- Subsec. (a). Pub. L. 94-581, 105(a)(1), (2), designated
existing provisions as subsec. (a) and substituted ''In providing
rehabilitative services under this chapter, the'' for ''The'' and
''health care facilities'' for ''hospitals and domiciliaries''.
Subsecs. (b) to (e). Pub. L. 94-581, 105(a)(3), added subsecs. (b)
to (e).
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
Section 7 of Pub. L. 102-54, as amended by Pub. L. 102-83,
5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-86, title V, 501,
Aug. 14, 1991, 105 Stat. 424, provided that:
''(a) Demonstration Program. -- During fiscal years 1991 through
1994, the Secretary of Veterans Affairs may carry out a compensated work
therapy and therapeutic transitional housing demonstration program. The
demonstration program shall have two components, as follows:
''(1) A component, under subsection (c), which provides for direct
operation of therapeutic transitional housing in conjunction with the
furnishing of compensated work therapy.
''(2) A component, under subsection (d), which provides for the
contracting with nonprofit corporations to furnish compensated work
therapy in conjunction with the operation of the therapeutic
transitional housing.
''(b) Eligible Veterans. -- The veterans for whom therapeutic
transitional housing may be provided under this section are veterans --
''(1) who are furnishing services to the Department of Veterans
Affairs under subsection (a) of section 1718 of title 38, United States
Code; or
''(2) who are furnished therapeutic work pursuant to subsection (b)
of that section.
''(c) Authority to Operate Residences as Therapeutic Transitional
Housing. -- Under the demonstration program, the Secretary, in
connection with the conduct of compensated work therapy programs, may
operate residences as therapeutic transitional housing solely for
veterans described in subsection (b) of this section. The Secretary may
operate no more than 50 residences as therapeutic transitional housing
under this subsection.
''(d) Contract Authority. -- (1) Under the demonstration program, the
Secretary may contract with nonprofit corporations to conduct
compensated work therapy programs under the demonstration program.
''(2) The Secretary may enter into a contract with a nonprofit
corporation under the demonstration program only if the corporation
provides assurances satisfactory to the Secretary that it will operate
therapeutic transitional housing for eligible veterans in conjunction
with an existing compensated work therapy program at a medical center.
The contract may remain in effect only as long as the corporation
operates the therapeutic transitional housing for eligible veterans in
connection with the demonstration program.
''(3) A contract with a nonprofit corporation under this subsection
may provide for the Secretary to furnish the corporation (with or
without consideration) in-kind services, including --
''(A) technical and clinical advice;
''(B) supervision of the activities of compensated work therapy
participants in the rehabilitation of any property for use as
therapeutic transitional housing under the contract and for possible
later sale as a private residence; and
''(C) minor maintenance of and minor repairs to such property.
''(e) Procurement Procedures. -- The Secretary may use such
procurement procedures for the purchase, lease, or other acquisition of
residential housing for purposes of this section as the Secretary
considers appropriate to expedite the opening and operation of
transitional housing and to protect the interests of the United States.
''(f) Conditions. -- A residence may be operated as transitional
housing for veterans described in subsection (b) under the following
conditions:
''(1) Only veterans described in such subsection and a house manager
may reside in the residence.
''(2) Each resident, other than the house manager, shall pay rent for
the period of residence in such housing.
''(3) In the establishment and operation of housing under this
section, the Secretary shall consult with appropriate representatives of
the community in which the housing is established and shall comply with
zoning requirements, building permit requirements, and other similar
requirements applicable to other real property used for similar purposes
in the community.
''(4) The residence shall meet State and community fire and safety
requirements applicable to other real property used for similar purposes
in the community in which the transitional housing is located, but fire
and safety requirements applicable to buildings of the Federal
Government shall not apply to such property.
''(g) House Managers. -- The Secretary shall prescribe the
qualifications for house managers for transitional housing units
operated under this section. The Secretary may provide for free room
and subsistence for house managers in addition to, or instead of payment
of, a fee for such services.
''(h) Sources of Housing. -- (1) The Secretary may operate as
transitional housing under this section --
''(A) any suitable residential property acquired by the Secretary as
the result of a default on a loan made, guaranteed, or insured under
chapter 37 of title 38, United States Code; and
''(B) any other suitable residential property purchased, leased, or
otherwise acquired by the Secretary.
''(2) In the case of any property referred to in paragraph (1)(A),
the Secretary shall --
''(A) transfer administrative jurisdiction over such property within
the Department from the Veterans Benefits Administration to the Veterans
Health Services and Research Administration; and
''(B) transfer from the General Post Fund of the Department of
Veterans Affairs to the Loan Guaranty Revolving Fund under chapter 37 of
title 38, United States Code, an amount, not to exceed the amount the
Secretary paid for the property, representing the amount the Secretary
considers could be obtained by sale of such property to a nonprofit
organization or a State for use as a shelter for homeless veterans.
''(3) In the case of any residential property obtained by the
Secretary from the Department of Housing and Urban Development under
this section, the amount paid by the Secretary to that Department for
that property may not exceed the amount that the Secretary of Housing
and Urban Development would charge for the sale of that property to a
nonprofit organization or a State for use as a shelter for homeless
persons. Funds for such charge shall be derived from the General Post
Fund.
''(i) Rent and Length of Residence. -- The Secretary shall prescribe
--
''(1) a procedure for establishing reasonable rental rates for
persons residing in transitional housing; and
''(2) appropriate limits on the period for which such persons may
reside in transitional housing.
''(j) Disposal of Property. -- The Secretary may dispose of any
property acquired for the purpose of this section. The proceeds of any
such disposal shall be credited to the General Post Fund of the
Department of Veterans Affairs.
''(k) Availability of General Post Fund. -- Funds received by the
Department under this section shall be deposited in the General Post
Fund. The Secretary may distribute out of the fund such amounts as
necessary for the acquisition, management, maintenance, and disposition
of real property for the purpose of carrying out such program. The
operation of the demonstration program and funds received shall be
separately accounted for, and shall be stated in the documents
accompanying the President's budget for each fiscal year.
''(l) Report. -- After a demonstration program under this section has
been in effect for two years, the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the operation of the program. The Secretary
shall include in the report such recommendations with regard to the
program as the Secretary considers appropriate.''
Section 105(b) of Pub. L. 94-581, as amended by Pub. L. 97-258,
4(b), Sept. 13, 1982, 96 Stat. 1067; Pub. L. 102-83, 6(a), Aug. 6,
1991, 105 Stat. 407, provided that:
''(1) The Secretary of Veterans Affairs may settle claims made by the
Department of Veterans Affairs against any private nonprofit corporation
organized under the laws of any State, for the use of facilities and
personnel of the Department in work projects as a part of a therapeutic
or rehabilitation program for patients and members in health care
facilities of the Department, and to execute a binding release of all
claims by the United States against any such corporation, in such
amounts, and upon such terms and conditions as the Secretary considers
appropriate.
''(2) For the purposes of this subsection, notwithstanding section
3302 of title 31, or any other provision of law, the Secretary may
utilize any funds received under any settlement made pursuant to
paragraph (1) of this subsection for any purpose agreed upon by the
Secretary and such corporation.''
/1/ So in original. Probably should be ''Department of Veterans
Affairs''.
38 USC 1719. Repair or replacement of certain prosthetic and other
appliances
TITLE 38 -- VETERANS' BENEFITS
The Secretary may repair or replace any artificial limb, truss,
brace, hearing aid, spectacles, or similar appliance (not including
dental appliances) reasonably necessary to a veteran and belonging to
such veteran which was damaged or destroyed by a fall or other accident
caused by a service-connected disability for which such veteran is in
receipt of, or but for the receipt of retirement pay would be entitled
to, disability compensation.
(Added Pub. L. 87-850, 1(a), Oct. 23, 1962, 76 Stat. 1126, 619;
amended Pub. L. 94-581, title II, 210(a)(6), Oct. 21, 1976, 90 Stat.
2862; renumbered 1719 and amended Pub. L. 102-83, 4(b)(1), (2)(E),
5(a), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 619 of this title
as this section.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
1976 -- Pub. L. 94-581 substituted ''belonging to such veteran'' for
''belonging to him''.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
Section 2 of Pub. L. 87-850 provided that: ''The amendment made by
this Act (enacting this section) shall apply only with respect to the
repair or replacement of artificial limbs, trusses, braces, hearing
aids, spectacles, and similar devices damaged or destroyed after the
date of enactment of this Act (Oct. 23, 1962).''
38 USC 1720. Transfers for nursing home care; adult day health care
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Subject to subsection (b) of this section, the Secretary may
transfer to a non-Department nursing home, for care at the expense of
the United States --
(A) a veteran --
(i) who has been furnished hospital care, nursing home care, or
domiciliary care by the Secretary in a facility under the direct
jurisdiction of the Secretary; and
(ii) who the Secretary determines --
(I) requires a protracted period of nursing home care which can be
furnished in the non-Department nursing home; and
(II) in the case of a veteran who has been furnished hospital care in
a facility under the direct jurisdiction of the Secretary, has received
maximum benefits from such care; and
(B) a member of the Armed Forces --
(i) who has been furnished care in a hospital of the Armed Forces;
(ii) who the Secretary concerned determines has received maximum
benefits from such care but requires a protracted period of nursing home
care; and
(iii) who upon discharge from the Armed Forces will become a veteran.
(2) The Secretary may transfer a person to a nursing home under this
subsection only if the Secretary determines that the cost to the United
States of the care of such person in the nursing home will not exceed --
(A) the amount equal to 45 percent of the cost of care furnished by
the Department in a general hospital under the direct jurisdiction of
the Secretary (as such cost may be determined annually by the
Secretary); or
(B) the amount equal to 50 percent of such cost, if such higher
amount is determined to be necessary by the Secretary (upon the
recommendation of the Under Secretary for Health) to provide adequate
care.
(3) Nursing home care may not be furnished under this subsection at
the expense of the United States for more than six months in the
aggregate in connection with any one transfer except --
(A) in the case of a veteran --
(i) who is transferred to a non-Department nursing home from a
hospital under the direct jurisdiction of the Secretary; and
(ii) whose hospitalization was primarily for a service-connected
disability;
(B) in a case in which the nursing home care is required for a
service-connected disability; or
(C) in a case in which, in the judgment of the Secretary, a longer
period of nursing home care is warranted.
(4) A veteran who is furnished care by the Secretary in a hospital or
domiciliary facility in Alaska or Hawaii may be furnished nursing home
care at the expense of the United States under this subsection even if
such hospital or domiciliary facility is not under the direct
jurisdiction of the Secretary.
(b) No veteran may be transferred or admitted to any institution for
nursing home care under this section, unless such institution is
determined by the Secretary to meet such standards as the Secretary may
prescribe. The standards prescribed and any report of inspection of
institutions furnishing care to veterans under this section made by or
for the Secretary shall, to the extent possible, be made available to
all Federal, State, and local agencies charged with the responsibility
of licensing or otherwise regulating or inspecting such institutions.
(c) In applying the provisions of section 2(b)(1) of the Service
Contract Act of 1965 (41 U.S.C. 351(b)(1)) with respect to any contract
entered into under this section to provide nursing home care of
veterans, the payment of wages not less than those specified in section
6(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(b)) shall
be deemed to constitute compliance with such provisions.
(d)(1) Subject to subsection (b) of this section, the Secretary may
authorize for any veteran requiring nursing home care for a
service-connected disability direct admission for such care at the
expense of the United States to any non-Department nursing home. The
Secretary may also authorize a direct admission to such a nursing home
for nursing home care for any veteran who has been discharged from a
hospital under the direct jurisdiction of the Secretary and who is
currently receiving medical services as part of home health services
from the Department.
(2) Direct admission authorized by paragraph (1) of this subsection
may be authorized upon determination of need therefor --
(A) by a physician employed by the Department; or
(B) in areas where no such physician is available, by a physician
carrying out such function under contract or fee arrangement,
based on an examination by such physician.
(3) The amount which may be paid for such care and the length of care
available under this subsection shall be the same as authorized under
subsection (a) of this section.
(e)(1) The cost of intermediate care for purposes of payment by the
United States pursuant to subsection (a)(2)(B) of this section shall be
determined by the Secretary except that the rate of reimbursement shall
be commensurately less than that provided for nursing home care.
(2) For the purposes of this section, the term ''non-Department
nursing home'' means a public or private institution not under the
direct jurisdiction of the Secretary which furnishes nursing home care.
(f)(1)(A) The Secretary is authorized to furnish adult day health
care as provided for in this subsection. For the purpose only of
authorizing the furnishing of such care and specifying the terms and
conditions under which it may be furnished to veterans needing such care
--
(i) references to ''nursing home care'' in subsections (a) through
(d) of this section shall be deemed to be references to ''adult day
health care''; and
(ii) a veteran who is eligible for medical services under section
1712(a)(1)(B) of this title shall be deemed to be a veteran described in
subsection (a)(1) of this section.
(B) The Secretary may provide in-kind assistance (through the
services of Department employees and the sharing of other Department
resources) to a facility furnishing care to veterans under subparagraph
(A) of this paragraph. Any such in-kind assistance shall be provided
under a contract between the Secretary and the facility concerned. The
Secretary may provide such assistance only for use solely in the
furnishing of adult day health care and only if, under such contract,
the Department receives reimbursement for the full cost of such
assistance, including the cost of services and supplies and normal
depreciation and amortization of equipment. Such reimbursement may be
made by reduction in the charges to the United States or by payment to
the United States. Any funds received through such reimbursement shall
be credited to funds allotted to the Department facility that provided
the assistance.
(2) The Secretary may conduct, at facilities over which the Secretary
has direct jurisdiction, programs for the furnishing of adult day health
care to veterans who are eligible for such care under paragraph (1) of
this subsection, except that necessary travel and incidental expenses
(or transportation in lieu thereof) may be furnished under such a
program only under the terms and conditions set forth in section 111 of
this title. The furnishing of care under any such program shall be
subject to the limitations that are applicable to the duration of adult
day health care furnished under paragraph (1) of this subsection.
(3) Adult day health care may not be furnished under this section
after September 30, 1991.
(Added Pub. L. 88-450, 2(a), Aug. 19, 1964, 78 Stat. 500, 620;
amended Pub. L. 90-429, July 26, 1968, 82 Stat. 446; Pub. L. 90-612,
1, 3, Oct. 21, 1968, 82 Stat. 1202; Pub. L. 91-101, Oct. 30, 1969, 83
Stat. 167; Pub. L. 93-82, title I, 104, Aug. 2, 1973, 87 Stat. 182;
Pub. L. 94-581, title I, 106, title II, 202(h), 210(a)(7), Oct. 21,
1976, 90 Stat. 2847, 2856, 2863; Pub. L. 97-295, 4(19), Oct. 12, 1982,
96 Stat. 1306; Pub. L. 98-160, title I, 103(a)(1), (2), Nov. 21, 1983,
97 Stat. 995; Pub. L. 99-166, title I, 108(a)-(c), Dec. 3, 1985, 99
Stat. 946, 947; Pub. L. 99-272, title XIX, 19011(d)(5), Apr. 7, 1986,
100 Stat. 379; Pub. L. 100-322, title I, 103(b), 111(a), May 20,
1988, 102 Stat. 493, 499; renumbered 1720 and amended Pub. L. 102-83,
4(a)(2)(A)(ii), (3)-(5), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991,
105 Stat. 403-406; Pub. L. 102-405, title III, 302(c)(1), Oct. 9,
1992, 106 Stat. 1984.)
Prior section 1720 was renumbered section 3520 of this title.
1992 -- Subsec. (a)(2)(B). Pub. L. 102-405 substituted ''Under
Secretary for Health'' for ''Chief Medical Director''.
1991 -- Pub. L. 102-83, 5(a), renumbered section 620 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing in par. (1)
introductory provisions and subpar. (A) and pars. (2) to (4).
Pub. L. 102-83, 4(a)(5), substituted ''non-Department'' for
''non-Veterans' Administration'' wherever appearing in pars. (1) and
(3)(A)(i).
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in par. (2)(A).
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (d)(1). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Pub. L. 102-83, 4(a)(5), substituted ''non-Department'' for
''non-Veterans' Administration''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Subsec. (d)(2)(A). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration''.
Subsec. (e). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in pars. (1) and (2).
Pub. L. 102-83, 4(a)(5), substituted ''non-Department'' for
''non-Veterans' Administration'' in par. (2).
Subsec. (f)(1)(A). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in introductory provisions.
Subsec. (f)(1)(A)(ii). Pub. L. 102-83, 5(c)(1), substituted
''1712(a)(1)(B)'' for ''612(a)(1)(B)''.
Subsec. (f)(1)(B). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' before ''may'' in two places.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' wherever appearing.
Pub. L. 102-83, 4(a)(2)(A)(ii), substituted ''Secretary'' for
''Veterans' Administration'' in second sentence.
Subsec. (f)(2). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places.
1988 -- Subsec. (e)(1). Pub. L. 100-322, 103(b), struck out ''For
the purposes of this section, the term 'nursing home care' includes
intermediate care, as determined by the Administrator in accordance with
regulations which the Administrator shall prescribe.'' at beginning and
struck out ''(as defined in section 101(28) of this title)'' after
''provided for nursing home care''.
Subsec. (f)(3). Pub. L. 100-322, 111(a), substituted ''September 30,
1991'' for ''September 30, 1988''.
1986 -- Subsec. (f)(1)(A)(ii). Pub. L. 99-272 substituted
''612(a)(1)(B)'' for ''612(f)(2)''.
1985 -- Subsec. (a). Pub. L. 99-166, 108(a), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ''Subject
to subsection (b) and except as provided in subsection (e) of this
section, the Administrator may transfer --
''(1) Any veteran who has been furnished care by the Administrator in
a hospital under the direct jurisdiction of the Administrator, and
''(2) Any person (A) who has been furnished care in any hospital of
any of the Armed Forces, (B) who the appropriate Secretary concerned has
determined has received maximum hospital benefits but requires a
protracted period of nursing home care, and (C) who upon discharge
therefrom will become a veteran
to any public or private institution not under the jurisdiction of
the Administrator which furnishes nursing home care, for care at the
expense of the United States, only if the Administrator determines that
--
''(i) such veteran has received maximum benefits from such care in
such hospital, but will require a protracted period of nursing home care
which can be furnished in such institution, and
''(ii) the cost of such nursing home care in such institution will
not exceed 45 percent of the cost of care furnished by the Veterans'
Administration in a general hospital under the direct and exclusive
jurisdiction of the Administrator, as such cost may be determined
annually by the Administrator, or not to exceed 50 percent of such cost
where determined necessary by the Administrator, upon recommendation of
the Chief Medical Director, to provide adequate care.
Nursing home care may not be furnished pursuant to this section at
the expense of the United States for more than six months in the
aggregate in connection with any one transfer, except (I) in the case of
the veteran whose hospitalization was primarily for a service-connected
disability, or (II) where in the judgment of the Administrator a longer
period is warranted in the case of any other veteran. Any veteran who
is furnished care by the Administrator in a hospital in Alaska or Hawaii
may be furnished nursing home care under the provisions of this section
even if such hospital is not under the direct jurisdiction of the
Administrator.''
Subsec. (d). Pub. L. 99-166, 108(b), designated existing first
sentence as par. (1), substituted ''to any non-Veterans' Administration
nursing home'' for ''to any public or private institution not under the
jurisdiction of the Administrator which furnishes nursing home care'',
inserted ''The Administrator may also authorize a direct admission to
such a nursing home for nursing home care for any veteran who has been
discharged from a hospital under the direct jurisdiction of the
Administrator and who is currently receiving medical services as part of
home health services from the Veterans' Administration.'', substituted
par. (2) for ''Such admission may be authorized upon determination of
need therefor by a physician employed by the Veterans' Administration
or, in areas where no such physician is available, carrying out such
function under contract or fee arrangement based on an examination by
such physician.'', and designated existing last sentence as par. (3).
Subsec. (e). Pub. L. 99-166, 108(c), designated existing provisions
as par. (1), substituted ''subsection (a)(2)(B)'' for ''subsection
(a)(ii)'' in second sentence, and added par. (2).
1983 -- Pub. L. 98-160, 103(a)(2), inserted ''; adult day health
care'' in section catchline.
Subsec. (f). Pub. L. 98-160, 103(a)(1), added subsec. (f).
1982 -- Subsec. (a)(ii) Pub. L. 97-295, 4(19)(A), substituted
''percent'' for ''per centum'' wherever appearing.
Subsec. (c). Pub. L. 97-295, 4(19)(B), inserted ''(41 U.S.C.
351(b)(1))'' after ''the Service Contract Act of 1965'' and substituted
''(29 U.S.C. 206(b))'' for '', as amended,''.
1976 -- Subsec. (a). Pub. L. 94-581, 106(1)-(3), 202(h), inserted
''and except as provided in subsection (e)'' after ''subsection (b)'' in
provisions preceding par. (1), substituted ''direct jurisdiction'' for
''direct and exclusive jurisdiction'' in par. (1), substituted ''45 per
centum'' for ''40 per centum'' and ''annually'' for ''from time to
time'' in cl. (ii) and inserted '', or not to exceed 50 per centum of
such cost where determined necessary by the Administrator, upon
recommendation of the Chief Medical Director, to provide adequate care''
at the end thereof, and substituted ''direct jurisdiction'' for ''direct
and exclusive jurisdiction'' in provisions following cl. (ii).
Subsec. (b). Pub. L. 94-581, 210(a)(7), substituted ''such standards
as the Administrator may prescribe'' for ''such standards as he may
prescribe''.
Subsec. (e). Pub. L. 94-581, 106(4), added subsec. (e).
1973 -- Subsec. (a). Pub. L. 93-82, 104(a), (b), designated cls.
(1) and (2) as (i) and (ii), respectively, and in provisions preceding
cl. (i) as so designated, substituted authority of the Administrator to
transfer veterans and other persons under pars. (1) and (2), for
authority of the Administrator to transfer veterans who have been
furnished care by the Administrator in a hospital under the direct and
exclusive jurisdiction of the Administrator, to any public or private
institution not under the jurisdiction of the Administrator which
furnishes nursing home care for care at the expense of the United
States, and in the provisions following cl. (ii) as so designated,
substituted designations (I) and (II) for designations (A) and (B).
Subsec. (b). Pub. L. 93-82, 104(c), inserted provisions relating to
the admissions of veterans to institutions for nursing home care and for
the furnishing of standards and reports to Federal, State and local
agencies charged with the responsibility of licensing or otherwise
regulating or inspecting such institutions.
Subsec. (d). Pub. L. 93-82, 104(d), added subsec. (d).
1969 -- Subsec. (a). Pub. L. 91-101 inserted provision authorizing
the furnishing of nursing home care for more than six months in the
aggregate in connection with any one transfer in the case of a veteran
whose hospitalization was primarily for a service-connected disability.
1968 -- Subsec. (a). Pub. L. 90-612, 1, authorized furnishing of
nursing home care to veterans who are being furnished care by the
Administrator in hospitals in Alaska or Hawaii even if the hospitals
involved are not under the direct and exclusive jurisdiction of the
Administrator.
Subsec. (a)(2). Pub. L. 90-429 substituted ''40 per centum'' for
''one-third''.
Subsec. (c). Pub. L. 90-612, 3, added subsec. (c).
Amendment by Pub. L. 99-272 applicable to hospital care, nursing
home care, and medical services furnished on or after July 1, 1986, see
section 19011(f) of Pub. L. 99-272, set out as a note under section
1710 of this title.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501
of Pub. L. 93-82, set out as a note under section 1701 of this title.
Section 111(b), (c) of Pub. L. 100-322 directed Administrator to
conduct a study of medical efficacy and cost-effectiveness of furnishing
adult day health care under subsec. (f) of this section as an
alternative to nursing home care and the comparative advantages and
disadvantages of providing such care through facilities that are not
under direct jurisdiction of Administrator and through facilities that
are under direct jurisdiction of Administrator, with Administrator to
submit to Committees on Veterans' Affairs of Senate and House of
Representatives an interim report on the study not later than Feb. 1,
1988, a final report on such study not later than Feb. 1, 1991.
Section 103(b), (c) of Pub. L. 98-160, which provided for a study
and report, not later than Feb. 1, 1988, of the medical efficacy and
cost-effectiveness of furnishing adult day health care as an alternative
for nursing home care and of the comparative advantages and
disadvantages of providing such care in Veterans' Administration or in
other facilities, was repealed by Pub. L. 100-322, title I, 111(d),
May 20, 1988, 102 Stat. 499.
section 300dd-21.
38 USC 1720A. Treatment and rehabilitation for alcohol or drug
dependence or abuse disabilities
TITLE 38 -- VETERANS' BENEFITS
(a)(1) The Secretary, in furnishing hospital, nursing home, and
domiciliary care and medical and rehabilitative services under this
chapter, may contract for care and treatment and rehabilitative services
in halfway houses, therapeutic communities, psychiatric residential
treatment centers, and other community-based treatment facilities for
eligible veterans suffering from alcohol or drug dependence or abuse
disabilities.
(2) Before furnishing such care and services to any veteran through a
contract facility as authorized by paragraph (1) of this subsection, the
Secretary shall approve (in accordance with criteria which the Secretary
shall prescribe by regulation) the quality and effectiveness of the
program operated by such facility for the purpose for which such veteran
is to be furnished such care and services.
(b) The Secretary, in consultation with the Secretary of Labor and
the Director of the Office of Personnel Management, may take appropriate
steps to (1) urge all Federal agencies and appropriate private and
public firms, organizations, agencies, and persons to provide
appropriate employment and training opportunities for veterans who have
been provided treatment and rehabilitative services under this title for
alcohol or drug dependence or abuse disabilities and have been
determined by competent medical authority to be sufficiently
rehabilitated to be employable, and (2) provide all possible assistance
to the Secretary of Labor in placing such veterans in such
opportunities.
(c) Upon receipt of an application for treatment and rehabilitative
services under this title for an alcohol or drug dependence or abuse
disability from any individual who has been discharged or released from
active military, naval, or air service but who is not eligible for such
treatment and services, the Secretary shall --
(1) provide referral services to assist such individual, to the
maximum extent practicable, in obtaining treatment and rehabilitative
services from sources outside the Department; and
(2) if pertinent, advise such individual of such individual's rights
to apply to the appropriate military, naval, or air service and the
Department for review of such individual's discharge or release from
such service.
(d)(1) Any person serving in the active military, naval, or air
service who is determined by the Secretary concerned to have an alcohol
or drug dependence or abuse disability may not be transferred to any
facility in order for the Secretary to furnish care or treatment and
rehabilitative services for such disability unless such transfer is
during the last thirty days of such member's enlistment period or tour
of duty, in which case such care and services provided to such member
shall be provided as if such member were a veteran. Any transfer of any
such member for such care and services shall be made pursuant to such
terms as may be agreed upon by the Secretary concerned and the
Secretary, subject to the provisions of sections 1535 and 1536 of title
31.
(2) No person serving in the active military, naval, or air service
may be transferred pursuant to an agreement made under paragraph (1) of
this subsection unless such person requests such transfer in writing for
a specified period of time during the last thirty days of such person's
enlistment period or tour of duty. No such person transferred pursuant
to such a request may be furnished such care and services by the
Secretary beyond the period of time specified in such request unless
such person requests in writing an extension for a further specified
period of time and such request is approved by the Secretary.
(e) The Secretary may not furnish care and treatment and
rehabilitative services under subsection (a) of this section after
December 31, 1994.
(f)(1) During the period beginning on December 1, 1988, and ending on
October 1, 1997, the Secretary shall conduct an ongoing clinical
evaluation in order to determine the long-term results of drug and
alcohol abuse treatment furnished to veterans in contract residential
treatment facilities under this section.
(2) The evaluation shall include an assessment of the following:
(A) The long-term results of treatment referred to in paragraph (1)
of this subsection on drug and alcohol use by veterans who may have
received such treatment.
(B) The need for hospitalization of such veterans for drug and
alcohol abuse after completion of the residential treatment.
(C) The employment status and income of such veterans.
(D) The extent of any criminal activity of such veterans.
(E) Whether certain models and methods of residential treatment for
drug and alcohol abuse are more successful for veterans with specific
abuses, specific levels of resources available to them, and specific
needs than are other models and methods.
(3) To the extent feasible, the Secretary shall select for
consideration in the evaluation veterans whose treatment for drug and
alcohol abuse in contract residential treatment facilities under such
section represents a variety of models and methods of residential drug
and alcohol abuse treatment.
(4) The Secretary shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives the following reports on the
evaluation under this subsection:
(A) Not later than February 1, 1993, an interim report containing
information obtained during the first four years of the evaluation and
any conclusions that the Secretary has drawn on the basis of that
information.
(B) Not later than March 31, 1998, a final report containing
information obtained during the evaluation and the determinations and
conclusions of the Secretary based on that information.
(g) The authority of the Secretary to enter into contracts under this
section shall be effective for any fiscal year only to such extent or in
such amounts as are provided in appropriation Acts.
(Added Pub. L. 96-22, title I, 104(a), June 13, 1979, 93 Stat. 50,
620A; amended Pub. L. 96-128, title V, 501(c), Nov. 28, 1979, 93 Stat.
987; Pub. L. 97-251, 6, Sept. 8, 1982, 96 Stat. 716; Pub. L. 97-258,
3(k)(1), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 99-108, 3, Sept. 30,
1985, 99 Stat. 481; Pub. L. 99-166, title I, 101(a), (b)(1), Dec. 3,
1985, 99 Stat. 942, 943; Pub. L. 100-687, div. B, title XV, 1509, Nov.
18, 1988, 102 Stat. 4137; Pub. L. 100-689, title V, 502(a)(1), (b),
Nov. 18, 1988, 102 Stat. 4179; Pub. L. 102-54, 14(b)(13), June 13,
1991, 105 Stat. 284; renumbered 1720A and amended Pub. L. 102-83,
4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406;
Pub. L. 102-86, title III, 303, Aug. 14, 1991, 105 Stat. 416.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 620A of this title
as this section.
Subsecs. (a), (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (c). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in introductory provisions.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in pars. (1) and (2).
Subsec. (d). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (e). Pub. L. 102-86 amended subsec. (e) of this section as
in effect before the redesignations made by Pub. L. 102-83, 5, by
substituting ''December 31, 1994'' for ''September 30, 1991''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Subsec. (f). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Pub. L. 102-54 struck out ''during the period'' before ''beginning''
in par. (1).
Subsec. (g). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1988 -- Subsec. (e). Pub. L. 100-689, 502(a)(1), substituted
''1991'' for ''1988''.
Subsec. (f). Pub. L. 100-689, 502(b), amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows:
''(1) The Administrator shall monitor the performance of each
contract facility furnishing care and services under the program carried
out under subsection (a) of this section.
''(2) The Administrator shall use the results of such monitoring to
determine --
''(A) with respect to the program, the medical advantages and
cost-effectiveness that result from furnishing such care and services;
and
''(B) with respect to such contract facilities generally, the level
of success under the program, considering --
''(i) the rate of successful rehabilitation for veterans furnished
care and services under the program;
''(ii) the rate of readmission to contract facilities under the
program or to Veterans' Administration health-care facilities by such
veterans for care or services for disabilities referred to in subsection
(a) of this section;
''(iii) whether the care and services furnished under the program
obviated the need of such veterans for hospitalization for such
disabilities;
''(iv) the average duration of the care and services furnished such
veterans under the program;
''(v) the ability of the program to aid in the transition of such
veterans back into their communities; and
''(vi) any other factor that the Administrator considers appropriate.
''(3) The Administrator shall maintain records of --
''(A) the total cost for the care and services furnished by each
contract facility under the program;
''(B) the average cost per veteran for the care and services
furnished under the program; and
''(C) the appropriateness of such costs, by comparison to --
''(i) the average charges for the same types of care and services
furnished generally by other comparable halfway houses, therapeutic
communities, psychiatric residential treatment centers, and other
community-based treatment facilities; and
''(ii) the historical costs for such care and services for the period
of time that the program carried out under subsection (a) of this
section was a pilot program, taking into account economic inflation.
''(4) Not later than February 1, 1988, the Administrator shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the experience under the program carried out
under this section during fiscal years 1984 through 1987. The report
shall include --
''(A) a description of the care and services furnished;
''(B) the matters referred to in paragraphs (1), (2), and (3) of this
subsection; and
''(C) the Administrator's findings, assessment, and recommendations
regarding the program under this section.''
Subsec. (f)(1). Pub. L. 100-687 substituted ''during the period
beginning on December 1, 1988, and ending on October 1, 1997'' for
''before October 1, 1997'' in par. (1) as amended by Pub. L. 100-689
above.
1985 -- Pub. L. 99-166, 101(b)(1), struck out ''; pilot program''
after ''disabilities'' in section catchline.
Subsec. (a)(1). Pub. L. 99-166, 101(a)(1), struck out ''may conduct
a pilot program under which the Administrator'' before ''may contract''
in first sentence, and struck out second sentence relating to the
planning, designing, and conducting of a pilot program by the Chief
Medical Director so as to demonstrate any medical advantages and cost
effectiveness that might result from furnishing care and services to
disabled veterans in contract facilities as authorized by this section,
rather than in facilities over which the Administrator had jurisdiction.
Subsec. (e). Pub. L. 99-166, 101(a)(2), substituted ''September 30,
1988'' for ''October 31, 1985''.
Pub. L. 99-108 substituted ''October 31, 1985'' for ''the last day of
the fifth fiscal year following the fiscal year in which the pilot
program authorized by such subsection is initiated''.
Subsec. (f). Pub. L. 99-166, 101(a)(3), amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: ''Not
later than March 31, 1984, the Administrator shall report to the
Committee on Veterans' Affairs of the Senate and House of
Representatives on the findings and recommendations of the Administrator
pertaining to the operation through September 30, 1983, of the pilot
program authorized by this section.''
1982 -- Subsec. (d)(1). Pub. L. 97-258 substituted ''sections 1535
and 1536 of title 31'' for ''the Act of March 4, 1915 (31 U.S.C 686)''
after ''provisions of''.
Subsec. (f). Pub. L. 97-251 substituted ''March 31, 1984'' and
''September 30, 1983'' for ''March 31, 1983'' and ''September 30,
1982'', respectively.
1979 -- Subsec. (a)(1). Pub. L. 96-128, 501(c)(1), substituted
''treatment facilities for'' for ''treatment facilities of''.
Subsec. (d)(2). Pub. L. 96-128, 501(c)(2), substituted ''such
request unless'' for ''such request, unless''.
Amendment by Pub. L. 96-128 effective Nov. 28, 1979, see section
601(b) of Pub. L. 96-128, set out as a note under section 1114 of this
title.
Section effective Oct. 1, 1979, see section 107 of Pub. L. 96-22,
set out as an Effective Date of 1979 Amendment note under section 1701
of this title.
Section 8 of Pub. L. 102-54 provided that:
''(a) Loan Program. -- The Secretary of Veterans Affairs may make
loans in accordance with this section to assist in the provision of
transitional housing exclusively to veterans who are in (or who recently
have been in) a program for the treatment of substance abuse.
''(b) Loan Recipients. -- A loan under this section may only be made
to a nonprofit organization under selection criteria promulgated by the
Secretary and only to assist that organization in leasing housing units
for use as a group residence for the purposes described in subsection
(a). The amount of such a loan that is used with respect to any single
residential unit may not exceed $4,500. In making loans under this
subsection, the Secretary shall, except to the extent that the Secretary
determines that it is infeasible to do so, ensure that --
''(1) each loan is repaid within two years after the date on which
the loan is made;
''(2) each loan is repaid through monthly installments and that a
reasonable penalty is assessed for each failure to pay an installment by
the date specified in the loan agreement involved; and
''(3) each loan is made only to a nonprofit private entity which
agrees that, in the operation of each residence established with the
assistance of the loan --
''(A) the use of alcohol or any illegal drug in the residence will be
prohibited;
''(B) any resident who violates the prohibition in subclause (A) of
this clause will be expelled from the residence;
''(C) the costs of maintaining the residence, including fees for rent
and utilities, will be paid by the residents;
''(D) the residents will, through a majority vote of the residents,
otherwise establish policies governing the conditions of residence,
including the manner in which applications for residence are approved;
and
''(E) the residence will be operated solely as a residence for not
less than six veterans.
''(c) Funding. -- Loans under this section shall be made from the
special account of the General Post Fund of the Department of Veterans
Affairs established for purposes of this section. The amount of such
loans outstanding at any time may not exceed $100,000. Amounts received
as payment of principal and interest on such loans shall be deposited in
that account. The operation of the loan program under this section
shall be separately accounted for, and shall be separately stated in the
documents accompanying the President's budget for each fiscal year.
''(d) Terms and Conditions. -- Loans under this section shall be made
on such terms and conditions, including interest, as the Secretary
prescribes.
''(e) Report. -- After the end of the 15-month period beginning on
the date the first loan is extended under this section, the Secretary
shall issue a report on the Department's experience under the section.
The report shall include the following information:
''(1) The default rate on loans extended under this section.
''(2) The manner in which loan payments are collected.
''(3) The number of facilities at which loans have been extended.
''(4) The adequacy of the amount of funds in the special account
referred to in subsection (c).''
Pub. L. 100-690, title II, 2501, Nov. 18, 1988, 102 Stat. 4232,
provided that: ''The Administrator of Veterans' Affairs shall conduct
an evaluation of inpatient and outpatient drug and alcohol treatment
programs operated by the Veterans' Administration. The evaluation shall
include a determination of the medical advantages and cost-effectiveness
of such programs, taking into consideration rates of readmission and the
rate of successful rehabilitation. There are authorized to be
appropriated for the purpose of the conduct of such evaluation
$1,000,000 for fiscal year 1989 and such sums as may be necessary for
each of the fiscal years 1990 and 1991.''
Section 502(a)(2) of Pub. L. 100-689 ratified actions by the
Administrator of Veterans' Affairs in providing, during the period
beginning Oct. 1, 1988, and ending Nov. 18, 1988, for care and
treatment and rehabilitative services under this section.
38 USC 1720B. Respite care
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary may furnish respite care services to a veteran who
is eligible to receive care under section 1710 of this title.
(b) For the purpose of this section, the term ''respite care'' means
hospital or nursing home care which --
(1) is of limited duration;
(2) is furnished in a Department facility on an intermittent basis to
a veteran who is suffering from a chronic illness and who resides
primarily at home; and
(3) is furnished for the purpose of helping the veteran to continue
residing primarily at home.
(Added Pub. L. 99-576, title II, 201(a)(1), Oct. 28, 1986, 100 Stat.
3254, 620B; amended Pub. L. 101-237, title II, 201(a), Dec. 18,
1989, 103 Stat. 2066; renumbered 1720B and amended Pub. L. 102-83,
4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406; Pub. L. 102-585, title V, 502, Nov. 4, 1992, 106 Stat. 4955.)
1992 -- Subsec. (c). Pub. L. 102-585 struck out subsec. (c) which
read as follows: ''The authority provided by this section terminates on
September 30, 1992.''
1991 -- Pub. L. 102-83, 5(a), renumbered section 620B of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1710'' for
''610''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Subsec. (b)(2). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration''.
1989 -- Subsec. (c). Pub. L. 101-237 substituted ''September 30,
1992'' for ''September 30, 1989''.
Section 604 of Pub. L. 101-237 ratified actions of the Secretary of
Veterans Affairs in carrying out this section, section 115 of Pub. L.
100-322 (38 U.S.C. 1712 note), section 618 of Pub. L. 100-440 (5 U.S.C.
6302 note), or section 1829 (now 3729) of this title, by contract or
otherwise, during the period beginning Dec. 1, 1989, and ending Dec.
18, 1989.
Pub. L. 101-110, 3(b), Oct. 6, 1989, 103 Stat. 682, ratified
actions of the Secretary of Veterans Affairs in carrying out this
section, section 115 of Pub. L. 100-322 (38 U.S.C. 1712 note), section
618 of Pub. L. 100-440 (5 U.S.C. 6302 note), or section 1829 (now 3729)
of this title, by contract or otherwise, during the period beginning
Oct. 1, 1989, and ending Oct. 6, 1989.
Pub. L. 101-110, 1(a), Oct. 6, 1989, 103 Stat. 682, provided that:
''Notwithstanding the provisions of subsection (c) of section 620B (now
1720B) of title 38, United States Code, the authority provided by such
section shall terminate on November 30, 1989.''
Section 201(b) of Pub. L. 99-576 provided that if the Administrator
of Veterans' Affairs furnished respite care under this section, the
Administrator was to conduct an evaluation of the health efficacy and
cost-effectiveness of furnishing such care and submit to the Committees
on Veterans' Affairs of the Senate and House of Representatives not
later than Feb. 1, 1989, a report containing the results of such
evaluation and appropriate recommendations.
38 USC 1720C. Noninstitutional alternatives to nursing home care:
pilot program
TITLE 38 -- VETERANS' BENEFITS
(a) During the four-year period beginning on October 1, 1990, the
Secretary may conduct a pilot program for the furnishing of medical,
rehabilitative, and health-related services in noninstitutional settings
for veterans who are eligible under this chapter for, and are in need
of, nursing home care and who --
(1) are in receipt of, or are in need of, nursing home care primarily
for the treatment of a service-connected disability; or
(2) have a service-connected disability rated at 50 percent or more.
(b)(1) Under the pilot program conducted pursuant to subsection (a),
the Secretary shall (A) furnish appropriate health-related services
solely through contracts with appropriate public and private agencies
that provide such services, and (B) designate Department health-care
employees to furnish case management services to veteran furnished
services under the program.
(2) For the purposes of paragraph (1), the term ''case management
services'' includes the coordination and facilitation of all services
furnished to a veteran by the Department of Veterans Affairs, either
directly or through contract, including assessment of needs, planning,
referral (including referral for services to be furnished by the
Department, either directly or through a contract, or by an entity other
than the Department), monitoring, reassessment, and followup.
(c) The Secretary may provide in-kind assistance (through the
services of Department of Veterans Affairs employees and the sharing of
other Department resources) to a facility furnishing services to
veterans under subsection (b)(1)(A). Any such in-kind assistance shall
be provided under a contract between the Department and the facility
concerned. The Secretary may provide such assistance only for use
solely in the furnishing of appropriate services under this section and
only if, under such contract, the Department receives reimbursement for
the full cost of such assistance (including the cost of services and
supplies and normal depreciation and amortization of equipment). Such
reimbursement may be made by reduction in the charges to the United
States or by payment to the United States. Any funds received through
such reimbursement shall be credited to funds allotted to the Department
facility that provided the assistance.
(d) The total cost of providing services or in-kind assistance in the
case of any veteran for any fiscal year under the pilot program may not
exceed 65 percent of the cost that would have been incurred by the
Department during that fiscal year if the veteran had been furnished,
instead, nursing home care under section 1710 of this title during that
fiscal year.
(e) The authority of the Secretary to enter into contracts under this
section shall be effective for any fiscal year only to the extent that
appropriations are available.
(Added Pub. L. 101-366, title II, 201(a)(1), Aug. 15, 1990, 104
Stat. 437, 620C; renumbered 1720C and amended Pub. L. 102-83, 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 620C of this title
as this section.
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''1710'' for
''610''.
Section 201(b) of Pub. L. 101-366, as amended by Pub. L. 102-83,
5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: ''Not later than
February 1, 1994, the Secretary of Veterans Affairs shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report setting forth the Secretary's evaluation,
findings, and conclusions regarding the conduct, through September 30,
1993, of the pilot program required by section 1720C (formerly 620C) of
title 38, United States Code (as added by subsection (a)), and the
results of the furnishing of care under such pilot program for the
participating veterans. The report shall include a description of the
conduct of the pilot program (including a description of the veterans
furnished services and of the services furnished under the pilot
program), and any plans for administrative action, and any
recommendations for legislation, that the Secretary considers
appropriate to include in the report.''
38 USC 1720D. Counseling to women veterans for sexual trauma
TITLE 38 -- VETERANS' BENEFITS
(a)(1) During the period through December 31, 1995, the Secretary may
provide counseling to a woman veteran who the Secretary determines
requires such counseling to overcome psychological trauma, which in the
judgment of a mental health professional employed by the Department,
resulted from a physical assault of a sexual nature, battery of a sexual
nature, or sexual harassment which occurred while the veteran was
serving on active duty.
(2) To be eligible to receive counseling under this subsection, a
veteran must seek such counseling from the Secretary within two years
after the date of the veteran's discharge or release from active
military, naval, or air service.
(3) In furnishing counseling to a veteran under this subsection, the
Secretary may, during the period through December 31, 1994, provide such
counseling pursuant to a contract with a qualified mental health
professional if (A) in the judgment of a mental health professional
employed by the Department, the receipt of counseling by that veteran in
facilities of the Department would be clinically inadvisable, or (B)
Department facilities are not capable of furnishing such counseling to
that veteran economically because of geographical inaccessibility.
(b) In providing services to a veteran under subsection (a), the
period for which counseling is provided may not exceed one year from the
date of the commencement of the furnishing of such counseling to the
veteran. However, the Secretary may authorize a longer period in any
case if, in the judgment of the Secretary, a longer period of counseling
is required.
(c)(1) The Secretary shall give priority to the establishment and
operation of the program to provide counseling under subsection (a). In
the case of a veteran eligible for such counseling who requires other
care or services under this chapter for trauma described in subsection
(a)(1), the Secretary shall ensure that the veteran is furnished
counseling under this section in a way that is coordinated with the
furnishing of such other care and services under this chapter.
(2) In establishing a program to provide counseling under subsection
(a), the Secretary shall --
(A) provide for appropriate training of mental health professionals
and such other health care personnel as the Secretary determines
necessary to carry out the program effectively;
(B) seek to ensure that such counseling is furnished in a setting
that is therapeutically appropriate, taking into account the
circumstances that resulted in the need for such counseling; and
(C) provide referral services to assist women veterans who are not
eligible for services under this chapter to obtain those from sources
outside the Department.
(d) The Secretary shall provide information on the counseling
available to women veterans under this section. Efforts by the
Secretary to provide such information --
(1) may include establishment of an information system involving the
use of a toll-free telephone number (commonly referred to as an 800
number), and
(2) shall include coordination with the Secretary of Defense seeking
to ensure that women who are being separated from active military,
naval, or air service are provided appropriate information about
programs, requirements, and procedures for applying for counseling under
this section.
(e) In this section, the term ''sexual harassment'' means repeated,
unsolicited verbal or physical contact of a sexual nature which is
threatening in character.
(Added Pub. L. 102-585, title I, 102(a)(1), Nov. 4, 1992, 106 Stat.
4945.)
Section 102(b) of Pub. L. 102-585 provided that: ''In the case of a
veteran who was discharged or released from active military, naval, or
air service before December 31, 1991, the two-year period specified in
section 1720D(a)(2) of title 38, United States Code, as added by
subsection (a), shall be treated as ending on December 31, 1993.''
Section 104 of Pub. L. 102-585 provided that: ''Not later than 90
days after the date of the enactment of this Act (Nov. 4, 1992), the
Secretary of Veterans Affairs shall commence the provision of
information on the counseling relating to sexual trauma that is
available to women veterans under section 1720D of title 38, United
States Code (as added by section 102) in accordance with the provisions
of subsection (d) of that section.''
Section 105 of Pub. L. 102-585 provided that: ''Not later than
March 31, 1994, the Secretary of Veterans Affairs shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a comprehensive report on the Secretary's actions under
section 1720D of title 38, United States Code (as added by section 102),
and on the use made of the authority provided under that section. The
report shall include the following:
''(1) The numbers of veterans who have received counseling under such
section, shown by reference to the facility that provided that
counseling and including the use made of the contract authority under
such section.
''(2) The number of veterans who received care or services under
chapter 17 of title 38, United States Code, under the circumstances
described in subsection (c)(1) of such section and the numbers referred
to sources outside the Department, shown by reference to the facility
that provided those services or made those referrals.
''(3) A listing and description of the specific training programs
which the Secretary has instituted to ensure that the counseling program
established under such section is carried out effectively.
''(4) A description of the specific efforts taken by the Secretary to
ensure that the counseling furnished by the Secretary under such section
is furnished in settings that are therapeutically appropriate, taking
into account the circumstances that resulted in the need for such
counseling.''
38 USC SUBCHAPTER III -- MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL
AND NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS
TITLE 38 -- VETERANS' BENEFITS
1976 -- Pub. L. 94-581, title II, 202(i), Oct. 21, 1976, 90 Stat.
2856, inserted ''AND NURSING HOME'' in subchapter heading.
38 USC 1721. Power to make rules and regulations
TITLE 38 -- VETERANS' BENEFITS
Rules and regulations prescribed under section 501(a) of this title
shall include rules and regulations to promote good conduct on the part
of persons who are receiving hospital, nursing home, and domiciliary
care and medical services in Department facilities. The Secretary may
prescribe in rules and regulations under such section limitations in
connection with the furnishing of such care and services during a period
of national emergency (other than a period of war or an emergency
described in section 8111A of this title).
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1143, 621; Pub. L.
94-581, title II, 202(j), 210(a)(8), Oct. 21, 1976, 90 Stat. 2856,
2863; Pub. L. 100-322, title I, 133, May 20, 1988, 102 Stat. 507;
Pub. L. 102-40, title IV, 402(d)(1), May 7, 1991, 105 Stat. 239;
renumbered 1721 and amended Pub. L. 102-83, 2(c)(1), 4(a)(3), (4),
(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 402, 404-406.)
Prior section 1721 was renumbered section 3521 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 621 of this title
as this section.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Pub. L. 102-83, 2(c)(1), substituted ''501(a)'' for ''210(c)(1)''.
Pub. L. 102-40 substituted ''8111A'' for ''5011A''.
1988 -- Pub. L. 100-322 amended section generally. Prior to
amendment, section read as follows: ''The Administrator shall prescribe
--
''(1) such rules and procedure governing the furnishing of hospital,
nursing home, and domiciliary care as the Administrator may deem proper
and necessary;
''(2) limitations in connection with the furnishing of hospital,
nursing home, and domiciliary care; and
''(3) such rules and regulations as the Administrator deems necessary
in order to promote good conduct on the part of persons who are
receiving hospital, nursing home, or domiciliary care in Veterans'
Administration facilities.''
1976 -- Cl. (1). Pub. L. 94-581, 202(j), 210(a)(8), substituted
''hospital, nursing home, and domiciliary care as the Administrator may
deem'' for ''hospital and domiciliary care as he may deem''.
Cl. (2). Pub. L. 94-581, 202(j), substituted ''hospital, nursing
home, and domiciliary care'' for ''hospital and domiciliary care''.
Cl. (3). Pub. L. 94-581, 202(j), 210(a)(8), substituted ''as the
Administrator deems'' for ''as he deems'' and ''hospital, nursing home,
or domiciliary care'' for ''hospital or domiciliary care''.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
38 USC 1722. Determination of inability to defray necessary expenses;
income thresholds
TITLE 38 -- VETERANS' BENEFITS
(a) For the purposes of section 1710(a)(1)(I) of this title, a
veteran shall be considered to be unable to defray the expenses of
necessary care if --
(1) the veteran is eligible to receive medical assistance under a
State plan approved under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.);
(2) the veteran is in receipt of pension under section 1521 of this
title; or
(3) the veteran's attributable income is not greater than the amount
set forth in subsection (b).
(b)(1) For purposes of subsection (a)(3), the income threshold for
the calendar year beginning on January 1, 1990, is --
(A) $17,240 in the case of a veteran with no dependents; and
(B) $20,688 in the case of a veteran with one dependent, plus $1,150
for each additional dependent.
(2) For a calendar year beginning after December 31, 1990, the
amounts in effect for purposes of this subsection shall be the amounts
in effect for the preceding calendar year as adjusted under subsection
(c) of this section.
(c) Effective on January 1 of each year, the amounts in effect under
subsection (b) of this section shall be increased by the percentage by
which the maximum rates of pension were increased under section 5312(a)
of this title during the preceding calendar year.
(d)(1) Notwithstanding the attributable income of a veteran, the
Secretary may refuse to make a determination described in paragraph (2)
of this subsection if the corpus of the estate of the veteran is such
that under all the circumstances it is reasonable that some part of the
corpus of the estate of the veteran be consumed for the veteran's
maintenance.
(2) A determination described in this paragraph is a determination
that for purposes of subsection (a)(3) of this section a veteran's
attributable income is not greater than the amount determined under
subsection (b) of this section.
(3) For the purposes of paragraph (1) of this subsection, the corpus
of the estate of a veteran shall be determined in the same manner as the
manner in which determinations are made of the corpus of the estates of
persons under section 1522 of this title.
(e)(1) In order to avoid a hardship to a veteran described in
paragraph (2) of this subsection, the Secretary may deem the veteran to
have an attributable income during the previous year not greater than
the amount determined under subsection (b) of this section.
(2) A veteran is described in this paragraph for the purposes of
subsection (a) of this section if --
(A) the veteran has an attributable income greater than the amount
determined under subsection (b) of this section; and
(B) the current projections of such veteran's income for the current
year are that the veteran's income for such year will be substantially
below the amount determined under subsection (b).
(f) For purposes of this section:
(1) The term ''attributable income'' means the income of a veteran
for the previous year determined in the same manner as the manner in
which a determination is made of the total amount of income by which the
rate of pension for such veteran under section 1521 of this title would
be reduced if such veteran were eligible for pension under that section.
(2) The term ''corpus of the estate of the veteran'' includes the
corpus of the estates of the veteran's spouse and dependent children, if
any.
(3) The term ''previous year'' means the calendar year preceding the
year in which the veteran applies for care or services under section
1710(a) or 1712(f) of this title.
(g) For the purposes of section 1724(c) of this title, the fact that
a veteran is --
(1) eligible to receive medical assistance under a State plan
approved under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.);
(2) a veteran with a service-connected disability; or
(3) in receipt of pension under any law administered by the
Secretary,
shall be accepted as sufficient evidence of such veteran's inability
to defray necessary expenses.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1144, 622; Pub. L.
89-612, 1, Sept. 30, 1966, 80 Stat. 859; Pub. L. 91-500, 1, Oct. 22,
1970, 84 Stat. 1096; Pub. L. 94-581, title II, 202(k), 210(a)(9),
Oct. 21, 1976, 90 Stat. 2856, 2863; Pub. L. 96-330, title IV, 401(a),
Aug. 26, 1980, 94 Stat. 1051; Pub. L. 99-272, title XIX, 19011(c)(1),
Apr. 7, 1986, 100 Stat. 376; Pub. L. 100-322, title I, 102(b), May 20,
1988, 102 Stat. 493; Pub. L. 101-508, title VIII, 8013(c), Nov. 5,
1990, 104 Stat. 1388-346; Pub. L. 102-40, title IV, 402(d)(1), May 7,
1991, 105 Stat. 239; renumbered 1722 and amended Pub. L. 102-83,
4(a)(1), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403-406.)
For termination of amendment by section 8013(e) of Pub. L. 101-508,
see Effective and Termination Dates of 1990 Amendment note below.
The Social Security Act, referred to in subsecs. (a)(1) and (g)(1),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX
of the Social Security Act is classified generally to subchapter XIX (
1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see section 1305 of
Title 42 and Tables.
Prior section 1722, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1196,
which related to change of program by eligible person, was repealed by
Pub. L. 92-540, title IV, 402(2), Oct. 24, 1972, 86 Stat. 1090. See
section 3691 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 622 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1710(a)(1)(I)''
for ''610(a)(1)(I)'' in introductory provisions and ''1521'' for ''521''
in par. (2).
Subsec. (c). Pub. L. 102-40 substituted ''5312(a)'' for ''3112(a)''.
Subsec. (d)(1). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Subsec. (d)(3). Pub. L. 102-83, 5(c)(1), substituted ''1522'' for
''522''.
Subsec. (e)(1). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Subsec. (f). Pub. L. 102-83, 5(c)(1), substituted ''1521'' for
''521'' in par. (1) and ''1710(a) or 1712(f)'' for ''610(a) or 612(f)''
in par. (3).
Subsec. (g). Pub. L. 102-83, 5(c)(1), substituted ''1724(c)'' for
''624(c)'' in introductory provisions.
Pub. L. 102-83, 4(a)(1), substituted ''administered by the
Secretary'' for ''administered by the Veterans' Administration'' in par.
(3).
1990 -- Subsec. (a). Pub. L. 101-508, 8013(c)(1), (e), temporarily
designated par. (1) as entire subsec. (a), redesignated cls. (A) to
(C) as pars. (1) to (3), respectively, substituted ''amount set forth
in subsection (b)'' for ''Category A threshold'' in par. (3), and
struck out former par. (2) which read as follows: ''For the purposes
of section 610(a)(2)(A) of this title, a veteran's income level is
described in this paragraph if the veteran's attributable income is not
greater than the Category B threshold.'' See Effective and Termination
Dates of 1990 Amendment note below.
Subsec. (b). Pub. L. 101-508, 8013(c)(2), (e), temporarily amended
subsec. (b) generally. Prior to amendment, subsec. (b) read as
follows: ''For the purposes of this section:
''(1) The Category A threshold --
''(A) for the calendar year beginning on January 1, 1986, is --
''(i) $15,000 in the case of a veteran with no dependents; and
''(ii) $18,000 in the case of a veteran with one dependent, plus
$1,000 for each additional dependent; and
''(B) for a calendar year beginning after December 31, 1986, is the
amount in effect for purposes of this paragraph for the preceding
calendar year as adjusted under subsection (c) of this subsection.
''(2) The Category B threshold --
''(A) for the calendar year beginning on January 1, 1986, is --
''(i) $20,000 in the case of a veteran with no dependents; and
''(ii) $25,000 in the case of a veteran with one dependent, plus
$1,000 for each additional dependent; and
''(B) for a calendar year beginning after December 31, 1986, is the
amount in effect for purposes of this paragraph for the preceding
calendar year as adjusted under subsection (c) of this subsection.''
See Effective and Termination Dates of 1990 Amendment note below.
Subsec. (c). Pub. L. 101-508, 8013(c)(3), (e), temporarily struck
out ''paragraphs (1) and (2) of'' before ''subsection (b) of this
section''. See Effective and Termination Dates of 1990 Amendment note
below.
Subsec. (d)(2). Pub. L. 101-508, 8013(c)(4), (e), temporarily
amended par. (2) generally. Prior to amendment, par. (2) read as
follows: ''A determination described in this paragraph is a
determination --
''(A) that for the purposes of subsection (a)(1)(C) of this section a
veteran's attributable income is not greater than the Category A
threshold; or
''(B) that for the purposes of subsection (a)(2) of this section a
veteran's attributable income is not greater than the Category B
threshold.''
See Effective and Termination Dates of 1990 Amendment note below.
Subsec. (e)(1). Pub. L. 101-508, 8013(c)(5)(A), (e), temporarily
substituted ''the amount determined under subsection (b) of this
section'' for ''the Category A threshold or the Category B threshold, as
appropriate''. See Effective and Termination Dates of 1990 Amendment
note below.
Subsec. (e)(2). Pub. L. 101-508, 8013(c)(5)(B), (e), temporarily
added par. (2) and struck out former par. (2) which read as follows:
''(A) A veteran is described in this paragraph for the purposes of
subsection (a)(1) of this section if --
''(i) the veteran has an attributable income greater than the
Category A threshold; and
''(ii) the current projections of such veteran's income for the
current year are that the veteran's income for such year will be
substantially below such threshold.
''(B) A veteran is described in this paragraph for the purposes of
subsection (a)(2) of this section if --
''(i) the veteran has an attributable income greater than the
Category B threshold; and
''(ii) the current projections of such veteran's income for the
current year are that the veteran's income for such year will be
substantially below such threshold.''
See Effective and Termination Dates of 1990 Amendment note below.
1988 -- Subsec. (g). Pub. L. 100-322 substituted ''section'' for
''sections 610(b)(2) and''.
1986 -- Pub. L. 99-272 amended section generally, revising and
restating existing provisions as subsec. (g) and adding subsecs. (a)
to (f).
1980 -- Pub. L. 96-330 substituted provisions relating to the facts
that will be accepted as sufficient evidence of an individual's
inability to defray necessary expenses for provisions relating to the
use of statements under oath to establish the inability to defray
necessary expenses.
1976 -- Subsec. (a). Pub. L. 94-581, 202(k), substituted
''610(a)(1)(B)'' for ''610(a)(1)'' and ''632(a)(2)'' for ''632(b)''.
Subsec. (b). Pub. L. 94-581, 210(a)(9), substituted ''such veteran's
inability'' for ''his inability''.
1970 -- Pub. L. 91-500 designated existing provisions as subsec.
(a) and added subsec. (b).
1966 -- Pub. L. 89-612 inserted reference to section 632(b) of this
title.
Amendment by Pub. L. 101-508 to remain in effect through the period
covered by Pub. L. 102-145, see section 111 of Pub. L. 102-145, set
out as a note under section 1710 of this title.
Amendment by Pub. L. 101-508 to remain in effect through the period
covered by Pub. L. 102-109, see section 111 of Pub. L. 102-109, set
out as a note under section 1710 of this title.
Amendment by Pub. L. 101-508 applicable with respect to hospital
care and medical services received after Nov. 5, 1990, and expires
Sept. 30, 1992, with further extension through Sept. 30, 1997, see
section 8013(d) and (e) of Pub. L. 101-508, as amended, set out as a
note under section 1710 of this title.
Provisions of this section as in effect on the day before Apr. 7,
1986, applicable with respect to hospital and nursing home care
furnished on or after July 1, 1986, to veterans furnished such care or
services on June 30, 1986, but only to the extent that such care is
furnished with respect to the same episode of care for which it was
furnished on June 30, 1986, see section 19011(f) of Pub. L. 99-272, set
out as a note under section 1710 of this title.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
Section 19011(c)(3) of Pub. L. 99-272 provided that the first
increase under subsection (c) of this section, as added by section
19011(c)(1) of Pub. L. 99-272, was to take effect on Jan. 1, 1987.''
38 USC 1722A. Copayment for medications
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Subject to paragraph (2), the Secretary shall require a
veteran) /1/ to pay the United States $2 for each 30-day supply of
medication furnished such veteran under this chapter on an outpatient
basis for the treatment of a non-service-connected disability or
condition. If the amount supplied is less than a 30-day supply, the
amount of the charge may not be reduced.
(2) The Secretary may not require a veteran to pay an amount in
excess of the cost to the Secretary for medication described in
paragraph (1).
(3) Paragraph (1) does not apply --
(A) to a veteran with a service-connected disability rated 50 percent
or more; or
(B) to a veteran whose annual income (as determined under section
1503 of this title) does not exceed the maximum annual rate of pension
which would be payable to such veteran if such veteran were eligible for
pension under section 1521 of this title.
(b) Amounts collected under this section shall be deposited in the
Department of Veterans Affairs Medical-Care Cost Recovery Fund.
(c) The provisions of subsection (a) expire on September 30, 1992.
Notwithstanding the preceding sentence, the provisions of subsection (a)
shall be in effect through September 30, 1997.
(Added Pub. L. 101-508, title VIII, 8012(a)(1), Nov. 5, 1990, 104
Stat. 1388-345, 622A; renumbered 1722A, Pub. L. 102-83, 5(a), Aug.
6, 1991, 105 Stat. 406; amended Pub. L. 102-139, title V, 518(a), Oct.
28, 1991, 105 Stat. 779; Pub. L. 102-229, title I, Dec. 12, 1991, 105
Stat. 1709; Pub. L. 102-568, title VI, 605(a), 606(a), Oct. 29, 1992,
106 Stat. 4343.)
1992 -- Subsec. (a)(1). Pub. L. 102-568, 605(a)(1), struck out
''(other than a veteran with a service-connected disability rated 50
percent or more'' after ''require a veteran''.
Subsec. (a)(3). Pub. L. 102-568, 605(a)(2), added par. (3).
Subsec. (c). Pub. L. 102-568, 606(a), inserted at end
''Notwithstanding the preceding sentence, the provisions of subsection
(a) shall be in effect through September 30, 1997.''
1991 -- Pub. L. 102-83 renumbered section 622A of this title as this
section.
Subsec. (c). Pub. L. 102-139, as amended by Pub. L. 102-229,
substituted ''September 30, 1992'' for ''September 30, 1991''.
Section 605(b) of Pub. L. 102-568 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply with respect
to medication furnished after the date of the enactment of this Act
(Oct. 29, 1992).''
Section to remain in effect through the period covered by Pub. L.
102-145, see section 111 of Pub. L. 102-145, set out as an Effective
and Termination Dates of 1990 Amendment note under section 1710 of this
title.
Section to remain in effect through the period covered by Pub. L.
102-109, see section 111 of Pub. L. 102-109, set out as an Effective
and Termination Dates of 1990 Amendment note under section 1710 of this
title.
Section 8012(b) of Pub. L. 101-508 provided that: ''The amendments
made by subsection (a) (enacting this section) shall take effect with
respect to medication furnished to a veteran after October 31, 1990, or
the date of the enactment of this Act (Nov. 5, 1990), whichever is
later.''
/1/ So in original. The closing parenthesis probably should not
appear.
38 USC 1723. Furnishing of clothing
TITLE 38 -- VETERANS' BENEFITS
The Secretary shall not furnish clothing to persons who are in
Department facilities, except (1) where the furnishing of such clothing
to indigent persons is necessary to protect health or sanitation, and
(2) where the Secretary furnishes veterans with special clothing made
necessary by the wearing of prosthetic appliances.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1144, 623; Pub. L.
94-581, title II, 210(a)(10), Oct. 21, 1976, 90 Stat. 2863; renumbered
1723 and amended Pub. L. 102-83, 4(a)(3), (4), (b)(1), (2)(E), 5(a),
Aug. 6, 1991, 105 Stat. 404-406.)
Prior section 1723 was renumbered section 3523 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 623 of this title
as this section.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in two places.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
1976 -- Pub. L. 94-581 substituted ''the Administrator furnishes''
for ''he furnishes''.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
38 USC 1724. Hospital care, medical services, and nursing home care
abroad
TITLE 38 -- VETERANS' BENEFITS
(a) Except as provided in subsections (b) and (c), the Secretary
shall not furnish hospital or domiciliary care or medical services
outside any State.
(b)(1) The Secretary may furnish hospital care and medical services
outside a State to a veteran who is otherwise eligible to receive
hospital care and medical services if the Secretary determines that such
care and services are needed for the treatment of a service-connected
disability of the veteran or as part of a rehabilitation program under
chapter 31 of this title.
(2) Care and services for a service-connected disability of a veteran
who is not a citizen of the United States may be furnished under this
subsection only --
(A) if the veteran is in the Republic of the Philippines or in
Canada; or
(B) if the Secretary determines, as a matter of discretion and
pursuant to regulations which the Secretary shall prescribe, that it is
appropriate and feasible to furnish such care and services.
(c) Within the limits of those facilities of the Veterans Memorial
Medical Center at Manila, Republic of the Philippines, for which the
Secretary may contract, the Secretary may furnish necessary hospital
care to a veteran for any non-service-connected disability if such
veteran is unable to defray the expenses of necessary hospital care.
The Secretary may enter into contracts to carry out this section.
(d) The Secretary may furnish nursing home care, on the same terms
and conditions set forth in section 1720(a) of this title, to any
veteran who has been furnished hospital care in the Philippines pursuant
to this section, but who requires a protracted period of nursing home
care.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1144, 624; Pub. L.
86-152, Aug. 11, 1959, 73 Stat. 332; Pub. L. 86-624, 25(a), July 12,
1960, 74 Stat. 418; Pub. L. 87-815, 4, Oct. 15, 1962, 76 Stat. 927;
Pub. L. 93-82, title I, 108, Aug. 2, 1973, 87 Stat. 186; Pub. L.
94-581, title II, 202(l), 210(a)(11), Oct. 21, 1976, 90 Stat. 2856,
2863; Pub. L. 95-520, 3(a), Oct. 26, 1978, 92 Stat. 1820; Pub. L.
97-72, title I, 107(a), Nov. 3, 1981, 95 Stat. 1051; Pub. L. 97-295,
4(20), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 100-322, title I, 105,
May 20, 1988, 102 Stat. 493; renumbered 1724 and amended Pub. L.
102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406.)
Prior section 1724 was renumbered section 3524 of this title.
Prior section 1725, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1197,
which related to period of operation for approval by Administrator, was
repealed by Pub. L. 92-540, title IV, 402(2), Oct. 24, 1972, 86 Stat.
1090. See section 3689 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 624 of this title
as this section.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''1720(a)'' for
''620(a)''.
1988 -- Subsec. (b). Pub. L. 100-322 amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ''The Administrator
may furnish necessary hospital care and medical services to any
otherwise eligible veteran for any service-connected disability if the
veteran (1) is a citizen of the United States sojourning or residing
abroad, or (2) is in the Republic of the Philippines.''
1982 -- Pub. L. 97-295 substituted ''Hospital care, medical
services, and nursing home care abroad'' for ''Hospital care and medical
services abroad'' in section catchline, without regard to a prior
amendment by Pub. L. 93-82, which had substituted ''Hospital care,
medical services and nursing home care abroad'' for ''Hospital care and
medical services abroad''. See 1973 Amendment note below.
1981 -- Subsec. (d). Pub. L. 97-72 struck out ''and at the same rate
as specified in section 632(a)(4) of this title'' after ''on the same
terms and conditions set forth in section 620(a) of this title''.
1978 -- Subsec. (c). Pub. L. 95-520 substituted ''Veterans Memorial
Medical Center'' for ''Veterans Memorial Hospital''.
1976 -- Subsec. (c). Pub. L. 94-581 substituted ''the Administrator
may furnish'' for ''he may furnish'' and ''hospital care to a veteran
for any'' for ''hospital care to a veteran of any war for any''.
1973 -- Pub. L. 93-82, 108(b), substituted ''Hospital care, medical
services and nursing home care abroad'' for ''Hospital care and medical
services abroad'' in section catchline.
Subsec. (d). Pub. L. 93-82, 108(a), added subsec. (d).
1962 -- Subsec. (b). Pub. L. 87-815 struck out ''temporarily''
before ''sojourning''.
1960 -- Subsec. (a). Pub. L. 86-624 substituted ''outside any
State'' for ''outside the continental limits of the United States, or a
Territory, Commonwealth, or possession of the United States''.
1959 -- Subsec. (b). Pub. L. 86-152 extended authority to provide
hospital and medical care for veterans who are United States citizens
temporarily residing abroad to include those with peacetime
service-incurred disabilities.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501
of Pub. L. 93-82, set out as a note under section 1701 of this title.
38 USC ( 1725. Vacant)
TITLE 38 -- VETERANS' BENEFITS
Prior to renumbering of sections 601 to 664 of this chapter as
sections 1701 to 1764 by Pub. L. 102-83, 5(a), Aug. 6, 1991, 105
Stat. 406, section 625 of this chapter, Pub. L. 85-857, Sept. 2,
1958, 72 Stat. 1144; Pub. L. 91-24, 6(a), June 11, 1969, 83 Stat.
34, which related to arrests for crimes in hospital and domiciliary
reservations, was repealed by Pub. L. 93-43, 4(b), 10(a), June 18,
1973, 87 Stat. 79, 88, effective June 18, 1973.
38 USC 1726. Reimbursement for loss of personal effects by natural
disaster
TITLE 38 -- VETERANS' BENEFITS
The Secretary shall, under regulations which the Secretary shall
prescribe, reimburse veterans in Department hospitals and domiciliaries
for any loss of personal effects sustained by fire, earthquake, or other
natural disaster while such effects were stored in designated locations
in Department hospitals or domiciliaries.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1144, 627; Pub. L. 93-82,
title I, 105, Aug. 2, 1973, 87 Stat. 183; Pub. L. 94-581, title II,
210(a)(12), Oct. 21, 1976, 90 Stat. 2863; renumbered 1726 and amended
Pub. L. 102-83, 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105
Stat. 404-406.)
Prior section 1726, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1197,
which provided for control by agencies of United States, was repealed by
Pub. L. 89-358, 3(a)(3), Mar. 3, 1966, 80 Stat. 20. See section
3689 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 626 of this title
as this section.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in two places.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in two places.
1976 -- Pub. L. 94-581 substituted ''the Administrator shall
prescribe'' for ''he shall prescribe''.
1973 -- Pub. L. 93-82 substituted ''natural disaster'' for ''fire''
in section catchline and extended reimbursement provisions to earthquake
and other natural disasters also.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
Amendment by Pub. L. 93-82 effective Jan. 1, 1971, see section 501
of Pub. L. 93-82, set out as a note under section 1701 of this title.
38 USC 1727. Persons eligible under prior law
TITLE 38 -- VETERANS' BENEFITS
Persons who have a status which would, under the laws in effect on
December 31, 1957, entitle them to the medical services, hospital and
domiciliary care, and other benefits, provided for in this chapter, but
who do not meet the service requirements contained in this chapter,
shall be entitled to such benefits notwithstanding failure to meet such
service requirements.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1144, 627; Pub. L.
94-581, title II, 202(m), Oct. 21, 1976, 90 Stat. 2856; renumbered
1727 Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 627 of this title as this
section.
1976 -- Pub. L. 94-581 substituted ''1957'' for ''1958''.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
38 USC 1728. Reimbursement of certain medical expenses
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary may, under such regulations as the Secretary shall
prescribe, reimburse veterans entitled to hospital care or medical
services under this chapter for the reasonable value of such care or
services (including travel and incidental expenses under the terms and
conditions set forth in section 111 of this title), for which such
veterans have made payment, from sources other than the Department,
where --
(1) such care or services were rendered in a medical emergency of
such nature that delay would have been hazardous to life or health;
(2) such care or services were rendered to a veteran in need thereof
(A) for an adjudicated service-connected disability, (B) for a
non-service-connected disability associated with and held to be
aggravating a service-connected disability, (C) for any disability of a
veteran who has a total disability permanent in nature from a
service-connected disability, or (D) for any illness, injury, or dental
condition in the case of a veteran who (i) is a participant in a
vocational rehabilitation program (as defined in section 3101(9) of this
title), and (ii) is medically determined to have been in need of care or
treatment to make possible such veteran's entrance into a course of
training, or prevent interruption of a course of training, or hasten the
return to a course of training which was interrupted because of such
illness, injury, or dental condition; and
(3) Department or other Federal facilities were not feasibly
available, and an attempt to use them beforehand would not have been
reasonable, sound, wise, or practical.
(b) In any case where reimbursement would be in order under
subsection (a) of this section, the Secretary may, in lieu of
reimbursing such veteran, make payment of the reasonable value of care
or services directly --
(1) to the hospital or other health facility furnishing the care or
services; or
(2) to the person or organization making such expenditure on behalf
of such veteran.
(Added Pub. L. 93-82, title I, 106(a), Aug. 2, 1973, 87 Stat. 183,
628; amended Pub. L. 94-581, title II, 202(n), 210(a)(13), Oct. 21,
1976, 90 Stat. 2856, 2863; Pub. L. 96-151, title II, 201(d), Dec. 20,
1979, 93 Stat. 1093; Pub. L. 101-237, title II, 202(a), Dec. 18, 1989,
103 Stat. 2066; Pub. L. 102-54, 14(b)(14), June 13, 1991, 105 Stat.
284; renumbered 1728 and amended Pub. L. 102-83, 4(a)(3), (4),
(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 628 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places in introductory
provisions.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in introductory provisions and in par.
(3).
Subsec. (a)(2)(D). Pub. L. 102-83, 5(c)(1), substituted ''3101(9)''
for ''1501(9)''.
Pub. L. 102-54 substituted ''(i) is'' for ''is (i)''.
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in introductory provisions.
1989 -- Subsec. (a)(2)(D). Pub. L. 101-237 substituted ''(i) a
participant in a vocational rehabilitation program (as defined in
section 1501(9) of this title), and (ii)'' for ''found to be (i) in need
of vocational rehabilitation under chapter 31 of this title and for whom
an objective had been selected or (ii) pursuing a course of vocational
rehabilitation training and''.
1979 -- Subsec. (a). Pub. L. 96-151 substituted provisions relating
to travel and incidental expenses for provisions relating to necessary
travel.
1976 -- Subsec. (a). Pub. L. 94-581 substituted ''as the
Administrator shall prescribe'' for ''as he shall prescribe'' in
provisions preceding par. (1), substituted ''delay'' for ''they'' in
par. (1), and substituted ''make possible such veteran's entrance'' for
''make possible his entrance'' in par. (2)(D)(ii).
Section 202(b) of Pub. L. 101-237 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply with respect
to hospital care and medical services received on or after the date of
the enactment of this Act (Dec. 18, 1989).''
Amendment by Pub. L. 96-151 effective Jan. 1, 1980, see section 206
of Pub. L. 96-151, set out as a note under section 111 of this title.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
Section effective Jan. 1, 1971, see section 501 of Pub. L. 93-82,
set out as an Effective Date of 1973 Amendment note under section 1701
of this title.
38 USC 1729. Recovery by the United States of the cost of certain care
and services
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Subject to the provisions of this section, in any case in
which a veteran is furnished care or services under this chapter for a
non-service-connected disability described in paragraph (2) of this
subsection, the United States has the right to recover or collect the
reasonable cost of such care or services (as determined by the
Secretary) from a third party to the extent that the veteran (or the
provider of the care or services) would be eligible to receive payment
for such care or services from such third party if the care or services
had not been furnished by a department or agency of the United States.
(2) Paragraph (1) of this subsection applies to a
non-service-connected disability --
(A) that is incurred incident to the veteran's employment and that is
covered under a workers' compensation law or plan that provides for
payment for the cost of health care and services provided to the veteran
by reason of the disability;
(B) that is incurred as the result of a motor vehicle accident to
which applies a State law that requires the owners or operators of motor
vehicles registered in that State to have in force automobile accident
reparations insurance;
(C) that is incurred as the result of a crime of personal violence
that occurred in a State, or a political subdivision of a State, in
which a person injured as the result of such a crime is entitled to
receive health care and services at such State's or subdivision's
expense for personal injuries suffered as the result of such crime;
(D) that is incurred by a veteran --
(i) who does not have a service-connected disability; and
(ii) who is entitled to care (or payment of the expenses of care)
under a health-plan contract; or
(E) for which care and services are furnished before August 1, 1994,
under this chapter to a veteran who --
(i) has a service-connected disability; and
(ii) is entitled to care (or payment of the expenses of care) under a
health-plan contract.
(3) In the case of a health-plan contract that contains a requirement
for payment of a deductible or copayment by the veteran --
(A) the veteran's not having paid such deductible or copayment with
respect to care or services furnished under this chapter shall not
preclude recovery or collection under this section; and
(B) the amount that the United States may collect or recover under
this section shall be reduced by the appropriate deductible or copayment
amount, or both.
(b)(1) As to the right provided in subsection (a) of this section,
the United States shall be subrogated to any right or claim that the
veteran (or the veteran's personal representative, successor,
dependents, or survivors) may have against a third party.
(2)(A) In order to enforce any right or claim to which the United
States is subrogated under paragraph (1) of this subsection, the United
States may intervene or join in any action or proceeding brought by the
veteran (or the veteran's personal representative, successor,
dependents, or survivors) against a third party.
(B) The United States may institute and prosecute legal proceedings
against the third party if --
(i) an action or proceeding described in subparagraph (A) of this
paragraph is not begun within 180 days after the first day on which care
or services for which recovery is sought are furnished to the veteran by
the Secretary under this chapter;
(ii) the United States has sent written notice by certified mail to
the veteran at the veteran's last-known address (or to the veteran's
personal representative or successor) of the intention of the United
States to institute such legal proceedings; and
(iii) a period of 60 days has passed following the mailing of such
notice.
(C) A proceeding under subparagraph (B) of this paragraph may not be
brought after the end of the six-year period beginning on the last day
on which the care or services for which recovery is sought are
furnished.
(c)(1) The Secretary may compromise, settle, or waive any claim which
the United States has under this section.
(2)(A) The Secretary, after consultation with the Comptroller General
of the United States, shall prescribe regulations for the purpose of
determining the reasonable cost of care or services under subsection
(a)(1) of this section. Any determination of such cost shall be made in
accordance with such regulations.
(B) Such regulations shall provide that the reasonable cost of care
or services sought to be recovered or collected from a third-party
liable under a health-plan contract may not exceed the amount that such
third party demonstrates to the satisfaction of the Secretary it would
pay for the care or services if provided by facilities (other than
facilities of departments or agencies of the United States) in the same
geographic area.
(C) Not later than 45 days after the date on which the Secretary
prescribes such regulations (or any amendment to such regulations), the
Comptroller General shall submit to the Committees on Veterans' Affairs
of the Senate and the House of Representatives the Comptroller General's
comments on and recommendations regarding such regulations (or
amendment).
(d) Any contract or agreement into which the Secretary enters with a
person under section 3718 of title 31 for collection services to recover
indebtedness owed the United States under this section shall provide,
with respect to such services, that such person is subject to sections
5701 and 7332 of this title.
(e) A veteran eligible for care or services under this chapter --
(1) may not be denied such care or services by reason of this
section; and
(2) may not be required by reason of this section to make any
copayment or deductible payment in order to receive such care.
(f) No law of any State or of any political subdivision of a State,
and no provision of any contract or other agreement, shall operate to
prevent recovery or collection by the United States under this section
or with respect to care or services furnished under section 1711(b) of
this title.
(g)(1) There is established in the Treasury a fund to be known as the
Department of Veterans Affairs Medical-Care Cost Recovery Fund
(hereafter referred to in this section as the ''Fund'').
(2) Amounts recovered or collected under this section shall be
deposited in the Fund.
(3) Sums in the Fund shall be available to the Secretary for the
following:
(A) Payment of necessary expenses for the identification, billing,
and collection of the cost of care and services furnished under this
chapter, and for the administration and collection of payments required
under section 1710(f) of this title for hospital care or nursing home
care, under section 1712(f) of this title for medical services, and
under section 1722A of this title for medications, including --
(i) the costs of computer hardware and software, word processing and
telecommunications equipment, other equipment, supplies, and furniture;
(ii) personnel training and travel costs;
(iii) personnel and administrative costs for attorneys in the Office
of General Counsel of the Department and for support personnel of such
office;
(iv) other personnel and administrative costs; and
(v) the costs of any contract for identification, billing, or
collection services.
(B) Payment of the Secretary for reasonable charges, as determined by
the Secretary, imposed for (i) services and utilities (including light,
water, and heat) furnished by the Secretary, (ii) recovery and
collection activities under this section, and (iii) administration of
the Fund.
(4) Not later than January 1 of each year, there shall be deposited
into the Treasury as miscellaneous receipts an amount equal to the
amount of the unobligated balance remaining in the Fund at the close of
business on September 30 of the preceding year minus any part of such
balance that the Secretary determines is necessary in order to enable
the Secretary to defray, during the fiscal year in which the deposit is
made, the expenses, payments, and costs described in paragraph (3).
(h)(1) Subject to paragraph (3) of this subsection, the Secretary
shall make available medical records of a veteran described in paragraph
(2) of this subsection for inspection and review by representatives of
the third party concerned for the sole purposes of permitting the third
party to verify --
(A) that the care or services for which recovery or collection is
sought were furnished to the veteran; and
(B) that the provision of such care or services to the veteran meets
criteria generally applicable under the health-plan contract involved.
(2) A veteran described in this paragraph is a veteran who is a
beneficiary of a health-plan contract under which recovery or collection
is sought under this section from the third party concerned for the cost
of the care or services furnished to the veteran.
(3) Records shall be made available under this subsection under such
conditions to protect the confidentiality of such records as the
Secretary shall prescribe in regulations.
(i) For purposes of this section --
(1)(A) The term ''health-plan contract'' means an insurance policy or
contract, medical or hospital service agreement, membership or
subscription contract, or similar arrangement, under which health
services for individuals are provided or the expenses of such services
are paid.
(B) Such term does not include --
(i) an insurance program described in section 1811 of the Social
Security Act (42 U.S.C. 1395c) or established by section 1831 of such
Act (42 U.S.C. 1395j);
(ii) a State plan for medical assistance approved under title XIX of
such Act (42 U.S.C. 1396 et seq.);
(iii) a workers' compensation law or plan described in subparagraph
(A) of subsection (a)(2) of this section; or
(iv) a program, plan, or policy under a law described in subparagraph
(B) or (C) of such subsection.
(2) The term ''payment'' includes reimbursement and indemnification.
(3) The term ''third party'' means --
(A) a State or political subdivision of a State;
(B) an employer or an employer's insurance carrier;
(C) an automobile accident reparations insurance carrier; or
(D) a person obligated to provide, or to pay the expenses of, health
services under a health-plan contract.
(Added Pub. L. 97-72, title I, 106(a)(1), Nov. 3, 1981, 95 Stat.
1050, 629; amended Pub. L. 99-272, title XIX, 19013(a), Apr. 7, 1986,
100 Stat. 382; Pub. L. 100-322, title II, 202, May 20, 1988, 102 Stat.
509; Pub. L. 101-508, title VIII, 8011(a)-(c), Nov. 5, 1990, 104 Stat.
1388-344; Pub. L. 102-40, title IV, 402(d)(1), May 7, 1991, 105 Stat.
239; renumbered 1729 and amended Pub. L. 102-83, 4(b)(1), (2)(E),
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-568, title
VI, 604, Oct. 29, 1992, 106 Stat. 4343.)
The Social Security Act, referred to in subsec. (i)(1)(B)(ii), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of
the Social Security Act is classified generally to subchapter XIX ( 1396
et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see section 1305 of
Title 42 and Tables.
1992 -- Subsec. (a)(2)(E). Pub. L. 102-568 substituted ''August 1,
1994'' for ''October 1, 1993''.
1991 -- Pub. L. 102-83, 5(a), renumbered section 629 of this title
as this section.
Subsecs. (a) to (c). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (d). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Pub. L. 102-40 substituted ''5701'' for ''3301'' and ''7332'' for
''4132''.
Subsec. (f). Pub. L. 102-83, 5(c)(1), substituted ''1711(b)'' for
''611(b)''.
Subsec. (g)(3)(A). Pub. L. 102-83, 5(c)(1), substituted ''1710(f)''
for ''610(f)'', ''1712(f)'' for ''612(f)'', and ''1722A'' for ''622A''
in introductory provisions.
Subsec. (h)(1), (3). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1990 -- Subsec. (a)(2)(E). Pub. L. 101-508, 8011(a), added subpar.
(E).
Subsec. (c)(2)(B). Pub. L. 101-508, 8011(b), substituted ''if
provided by'' for ''in accordance with the prevailing rates at which the
third party makes payments under comparable health-plan contracts
with''.
Subsec. (g). Pub. L. 101-508, 8011(c), amended subsec. (g)
generally. Prior to amendment, subsec. (g) read as follows: ''Amounts
collected or recovered on behalf of the United States under this section
shall be deposited into the Treasury as miscellaneous receipts.''
1988 -- Subsec. (b)(2)(C). Pub. L. 100-322 added subpar. (C).
1986 -- Pub. L. 99-272 amended section generally, inserting
authority to recover from a third party under a health-plan contract the
reasonable costs of a non-service-connected disability, to require the
Administrator to prescribe regulations to govern determination of
reasonable costs, to authorize the compromise, settlement or waiver of
claims, and to provide for the deposit of money collected under this
section in the Treasury.
Section 8011(e) of Pub. L. 101-508 provided that: ''The amendments
made by this section (amending this section) shall take effect as of
October 1, 1990.''
Section 19013(b) of Pub. L. 99-272 provided that:
''(1) Except as provided in paragraph (2), section 629 (now 1729) of
title 38, United States Code, as amended by subsection (a), shall apply
to care and services provided on or after the date of the enactment of
this Act (Apr. 7, 1986).
''(2)(A) Such section shall not apply so as to nullify any provision
of a health-plan contract (as defined in subsection (i) of such section)
that --
''(i) was entered into before the date of the enactment of this Act;
and
''(ii) is not modified or renewed on or after such date.
''(B) In the case of a health-plan contract (as so defined) that was
entered into before such date and which is modified or renewed on or
after such date, the amendment made by subsection (a) (amending this
section) shall apply --
''(i) with respect to such plan as of the day after the date that it
is so modified or renewed; and
''(ii) with respect to care and services provided after such date of
modification or renewal.
''(3) For purposes of paragraph (2), the term 'modified' includes any
change in premium or coverage.''
Section 106(b) of Pub. L. 97-72 provided that: ''Section 629 (now
1729) of title 38, United States Code, as added by subsection (a), shall
apply with respect to care and services furnished under chapter 17 of
title 38, United States Code, on or after the date of the enactment of
this Act (Nov. 3, 1981).''
Section 8011(d) of Pub. L. 101-508, as amended by Pub. L. 102-83,
5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:
''(1) Amount to be transferred. -- The Secretary of the Treasury
shall transfer $25,000,000 from the Department of Veterans Affairs Loan
Guaranty Revolving Fund to the Department of Veterans Affairs
Medical-Care Cost Recovery Fund established by section 1729(g) (formerly
629(g)) of title 38, United States Code (as amended by subsection (c)).
The amount so transferred shall be available until the end of September
30, 1991, for the support of the equivalent of 800 full-time employees
and other expenses described in paragraph (3) of such section.
''(2) Reimbursement of loan guaranty revolving fund. --
Notwithstanding section 1729(g) (formerly 629(g)) of title 38, United
States Code (as amended by subsection (c)), the first $25,000,000
recovered or collected by the Department of Veterans Affairs during
fiscal year 1991 as a result of third-party medical recovery activities
shall be credited to the Department of Veterans Affairs Loan Guaranty
Revolving Fund.
''(3) Third-party medical recovery activities defined. -- For the
purposes of this subsection, the term 'third-party medical recovery
activities' means recovery and collection activities carried out under
section 1729 (formerly 629) of title 38, United States Code.''
Section 19013(c) of Pub. L. 99-272 directed Administrator of
Veterans' Affairs, not later than six months after Apr. 7, 1986, to
submit to Committees on Veterans' Affairs of Senate and House of
Representatives a report on the process for and results of
implementation of this section, as amended by subsection (a), such
report to show costs of administration (and a detailed breakdown of such
costs) and the amount of receipts and collections under this section,
and not later than Feb. 1, 1988, to submit to such Committees a report
updating the information in the report previously submitted and
providing information on the process and results of such implementation
through at least the end of fiscal year 1987.
38 USC 1730. Community residential care
TITLE 38 -- VETERANS' BENEFITS
(a) Subject to this section and regulations to be prescribed by the
Secretary under this section, the Secretary may assist a veteran by
referring such veteran for placement in, and aiding such veteran in
obtaining placement in, a community residential-care facility if --
(1) at the time of initiating the assistance the Secretary --
(A) is furnishing the veteran medical services on an outpatient basis
or hospital, domiciliary, or nursing home care; or
(B) has furnished the veteran such care or services within the
preceding 12 months; and
(2) placement of the veteran in a community residential-care facility
is appropriate.
(b)(1) The Secretary may not provide assistance under subsection (a)
of this section with respect to a community residential-care facility
unless such facility is approved by the Secretary for the purposes of
this section.
(2) The Secretary's approval of a facility for the purposes of this
section shall be based upon the Secretary's determination, after
inspection of the facility, that the facility meets the standards
established in regulations prescribed under this section. Such
standards shall include the following:
(A) Health and safety criteria, including a requirement of compliance
with applicable State laws and local ordinances relating to health and
safety.
(B) A requirement that the costs charged for care by a facility be
reasonable, as determined by the Secretary, giving consideration to such
factors as (i) the level of care, supervision, and other services to be
provided, (ii) the cost of goods and services in the geographic area in
which the facility is located, and (iii) comparability with other
facilities in such area providing similar services.
(C) Criteria for determining the resources that a facility needs in
order to provide an appropriate level of services to veterans.
(D) Such other criteria as the Secretary determines are appropriate
to protect the welfare of veterans placed in a facility under this
section.
(3) Payment of the charges of a community residential-care facility
for any care or service provided to a veteran whom the Secretary has
referred to that facility under this section is not the responsibility
of the United States or of the Department.
(c)(1) In order to determine continued compliance by community
residential-care facilities that have been approved under subsection (b)
of this section with the standards established in regulations prescribed
under this section, the Secretary shall provide for periodic inspection
of such facilities.
(2) If the Secretary determines that a facility is not in compliance
with such standards, the Secretary (in accordance with regulations
prescribed under this section) --
(A) shall cease to refer veterans to such facility; and
(B) may, with the permission of the veteran (or the person or entity
authorized by law to give permission on behalf of the veteran), assist
in removing a veteran from such facility.
Regulations prescribed to carry out this paragraph shall provide for
reasonable notice and, upon request made on behalf of the facility, a
hearing before any action authorized by this paragraph is taken.
(d) The Secretary shall prescribe regulations to carry out this
section. Such regulations shall include the standards required by
subsection (b) of this section.
(e)(1) To the extent possible, the Secretary shall make available
each report of an inspection of a community residential-care facility
under subsection (b)(2) or (c)(1) of this section to each Federal,
State, and local agency charged with the responsibility of licensing or
otherwise regulating or inspecting such facility.
(2) The Secretary shall make the standards prescribed in regulations
under subsection (d) of this section available to all Federal, State,
and local agencies charged with the responsibility of licensing or
otherwise regulating or inspecting community residential-care
facilities.
(f) For the purpose of this section, the term ''community
residential-care facility'' means a facility that provides room and
board and such limited personal care for and supervision of residents as
the Secretary determines, in accordance with regulations prescribed
under this section, are necessary for the health, safety, and welfare of
residents.
(Added Pub. L. 98-160, title I, 104(a), Nov. 21, 1983, 97 Stat.
996, 630; amended Pub. L. 102-54, 14(b)(15), June 13, 1991, 105 Stat.
284; renumbered 1730 and amended Pub. L. 102-83, 4(a)(3), (4),
(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 630 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Pub. L. 102-54 struck out ''(1)'' after ''(a)'' and redesignated
former subpar. (A) as par. (1), cls. (i) and (ii) as subpars. (A)
and (B), respectively, and former subpar. (B) as par. (2).
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing and
''Secretary's'' for ''Administrator's'' in two places.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in par. (3).
Subsecs. (c) to (f). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
38 USC SUBCHAPTER IV -- HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS
IN THE REPUBLIC OF THE PHILIPPINES
TITLE 38 -- VETERANS' BENEFITS
1981 -- Pub. L. 97-72, title I, 107(d)(1), Nov. 3, 1981, 95 Stat.
1053, substituted ''HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN
THE REPUBLIC OF THE PHILIPPINES'' for ''HOSPITAL AND MEDICAL CARE FOR
COMMONWEALTH OF THE PHILIPPINES ARMY VETERANS'' in subchapter heading.
38 USC 1731. Assistance to the Republic of the Philippines
TITLE 38 -- VETERANS' BENEFITS
The President is authorized to assist the Republic of the Philippines
in fulfilling its responsibility in providing medical care and treatment
for Commonwealth Army veterans and new Philippine Scouts in need of such
care and treatment for service-connected disabilities and
non-service-connected disabilities under certain conditions.
(Added Pub. L. 93-82, title I, 107(a), Aug. 2, 1973, 87 Stat. 184,
631; amended Pub. L. 97-72, title I, 107(b), Nov. 3, 1981, 95 Stat.
1052; renumbered 1731, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat.
406.)
Prior section 1731 was renumbered section 3531 of this title.
1991 -- Pub. L. 102-83 renumbered section 631 of this title as this
section.
1981 -- Pub. L. 97-72 inserted ''in fulfilling its responsibility''
after ''The President is authorized to assist the Republic of the
Philippines''.
Section effective July 1, 1973, see section 501 of Pub. L. 93-82,
set out as an Effective Date of 1973 Amendment note under section 1701
of this title.
38 USC 1732. Contracts and grants to provide for the care and
treatment of United States veterans by the Veterans Memorial Medical
Center
TITLE 38 -- VETERANS' BENEFITS
(a) The President, with the concurrence of the Republic of the
Philippines, may authorize the Secretary to enter into contracts with
the Veterans Memorial Medical Center, with the approval of the
appropriate department of the Government of the Republic of the
Philippines, covering the period beginning on October 1, 1981, and
ending on September 30, 1994, under which the United States --
(1) will provide for payments for hospital care and medical services
(including nursing home care) in the Veterans Memorial Medical Center,
as authorized by section 1724 of this title and on the terms and
conditions set forth in such section, to eligible United States veterans
at a per diem rate to be jointly determined for each fiscal year by the
two Governments to be fair and reasonable; and
(2) may provide that payments for such hospital care and medical
services provided to eligible United States veterans may consist in
whole or in part of available medicines, medical supplies, and equipment
furnished by the Secretary to the Veterans Memorial Medical Center at
valuations therefor as determined by the Secretary, who may furnish such
medicines, medical supplies, and equipment through the revolving supply
fund pursuant to section 8121 of this title.
(b)(1) To further assure the effective care and treatment of United
States veterans in the Veterans Memorial Medical Center, there is
authorized to be appropriated for each fiscal year during the period
beginning on October 1, 1981, and ending on September 30, 1990, the sum
of $1,000,000 to be used by the Secretary for making grants to the
Veterans Memorial Medical Center for the purpose of assisting the
Republic of the Philippines in the replacement and upgrading of
equipment and in rehabilitating the physical plant and facilities of
such center.
(2) Grants under this subsection shall be made on such terms and
conditions as prescribed by the Secretary. Such terms and conditions
may include a requirement of prior approval by the Secretary of the uses
of the funds provided by such grants.
(3) Funds for such grants may be provided only from appropriations
made to the Department for the specific purpose of making such grants.
(c) The Secretary may stop payments under a contract or grant under
this section upon reasonable notice as stipulated by the contract or
grant if the Republic of the Philippines and the Veterans Memorial
Medical Center do not maintain the medical center in a well-equipped and
effective operating condition as determined by the Secretary.
(d)(1) The authority of the Secretary to enter into contracts and to
make grants under this section is effective for any fiscal year only to
the extent that appropriations are available for that purpose.
(2) Appropriations made for the purpose of this section shall remain
available until expended.
(Added Pub. L. 93-82, title I, 107(a), Aug. 2, 1973, 87 Stat. 184,
632; amended Pub. L. 94-581, title II, 210(a)(14), Oct. 21, 1976, 90
Stat. 2863; Pub. L. 95-520, 3(b), Oct. 26, 1978, 92 Stat. 1820; Pub.
L. 97-72, title I, 107(c)(1), Nov. 3, 1981, 95 Stat. 1052; Pub. L.
99-576, title II, 206(a)(1), Oct. 28, 1986, 100 Stat. 3256; Pub. L.
100-687, div. B, title XV, 1502(a), (b), Nov. 18, 1988, 102 Stat. 4132;
Pub. L. 102-40, title IV, 402(d)(1), May 7, 1991, 105 Stat. 239;
renumbered 1732 and amended Pub. L. 102-83, 4(a)(3), (4), (b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-86,
title III, 304(a), Aug. 14, 1991, 105 Stat. 416; Pub. L. 102-585,
title V, 503, Nov. 4, 1992, 106 Stat. 4955.)
Prior section 1732 was renumbered section 3532 of this title.
1992 -- Subsec. (a). Pub. L. 102-585 substituted ''September 30,
1994'' for ''September 30, 1992''.
1991 -- Pub. L. 102-83, 5(a), renumbered section 632 of this title
as this section.
Subsec. (a). Pub. L. 102-86 amended subsec. (a) of this section as
in effect before the redesignations made by Pub. L. 102-83, 5, by
substituting ''1992'' for ''1990''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Subsec. (a)(1). Pub. L. 102-83, 5(c)(1), substituted ''1724'' for
''624''.
Subsec. (a)(2). Pub. L. 102-40, 402(d)(1), substituted ''8121'' for
''5021''.
Subsec. (b)(1), (2). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (b)(3). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration''.
Subsecs. (c), (d)(1). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
1988 -- Subsecs. (a), (b)(1). Pub. L. 100-687 substituted ''1990''
for ''1989'' in subsec. (a) and substituted ''1990'' for ''1989'' and
''$1,000,000'' for ''$500,000'' in subsec. (b)(1).
1986 -- Subsecs. (a), (b)(1). Pub. L. 99-576 substituted
''September 30, 1989'' for ''September 30, 1986''.
1981 -- Pub. L. 97-72 amended section generally, first by
substituting Sept. 30, 1986, for Sept. 30, 1981, as the ending date
for the period during which the President, with the concurrence of the
Republic of the Philippines, may authorize the Administrator to enter
into contracts with the Veterans Memorial Medical Center to provide for
payments for hospital care and medical services, and by including
nursing home care, for eligible United States veterans as authorized by
and on the same conditions as set forth in section 624, with such care
to consist in whole or in part of available medicines, medical supplies,
and equipment furnished through the revolving supply fund, pursuant to
section 5021, at valuations determined by the Administrator using
available appropriations for payments and with the per diem rate for
such care and services to be jointly determined annually by the two
Governments as fair and reasonable, second by increasing from $50,000 to
$500,000 per year the size of grants to replace and upgrade equipment
and rehabilitate the Center's physical plant, third by continuing the
Administrator's authority to stop payments in certain cases, and fourth
by limiting the Administrator's authority to contract for hospital care
and to make grants for any fiscal year, to the extent that
appropriations are available for that purpose.
1978 -- Subsec. (a). Pub. L. 95-520, 3(b)(1), (2), substituted
''Veterans Memorial Medical Center'' for ''Veterans Memorial Hospital''
in introductory text and pars. (1), (2), (5), and (7), and in
introductory text, substituted ''enter into contracts'' for ''enter into
a contract'' and ''September 30, 1981'' for ''June 30, 1978''.
Subsec. (b). Pub. L. 95-520, 3(b)(3), substituted ''October 1,
1981'' for ''July 1, 1978''.
Subsec. (c). Pub. L. 95-520, 3(b)(1), substituted ''Veterans
Memorial Medical Center'' for ''Veterans Memorial Hospital''.
Subsec. (d). Pub. L. 95-520, 3(b)(1), (4), substituted ''Veterans
Memorial Medical Center'' for ''Veterans Memorial Hospital'' in three
places and ''occurring during the period beginning July 1, 1973, and
ending September 30, 1981'' for ''during the five years beginning July
1, 1973, and ending June 30, 1978''.
1976 -- Subsec. (d). Pub. L. 94-581 substituted ''approval by the
Administrator'' for ''approved by him''.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
Section effective July 1, 1973, see section 501 of Pub. L. 93-82,
set out as an Effective Date of 1973 Amendment note under section 1701
of this title.
Section 107(c) of Pub. L. 93-82 provided that section 107(a) of Pub.
L. 93-82, enacting this section and section 631 (now 1731) of this
title, did not affect any right, cause, obligation, contract (including
the contract executed Apr. 25, 1967, between the Government of the
Republic of the Philippines and the Government of the United States
resulting from Pub. L. 89-612, which was to remain in effect until
modified or superseded by an agreement executed under authority of Pub.
L. 93-82), authorization of appropriation, grant, function, power, or
duty vested by law or otherwise under this section in effect on the day
before Aug. 2, 1973.
Section 304(b) of Pub. L. 102-86 provided that: ''Any actions by
the Secretary of Veterans Affairs in carrying out the provisions of
section 632 (now 1732) of title 38, United States Code, by contract or
otherwise, during the period beginning on October 1, 1990, and ending on
the date of the enactment of this Act (Aug. 14, 1991) are hereby
ratified.''
Section 206(a)(2) of Pub. L. 99-576 ratified actions by the
Administrator of Veterans' Affairs in contracting under subsec. (a) of
this section with respect to the period beginning Oct. 1, 1986, and
ending Oct. 28, 1986.
Section 206(b) of Pub. L. 99-576 directed Administrator of Veterans'
Affairs, not later than Feb. 1, 1987, 1988, and 1989, to submit to
Congress a report describing use of funds provided to Republic of the
Philippines under subsec. (b) of this section during the preceding
fiscal year.
38 USC 1733. Supervision of program by the President
TITLE 38 -- VETERANS' BENEFITS
The President, or any officer of the United States to whom the
President may delegate authority under this section, may from time to
time prescribe such rules and regulations and impose such conditions on
the receipt of financial aid as may be necessary to carry out this
subchapter.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1146, 633; Pub. L.
94-581, title II, 210(a)(15), Oct. 21, 1976, 90 Stat. 2863; renumbered
1733, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
Prior section 1733 was renumbered section 3533 of this title.
Another prior section 1733, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1198, as amended by Pub. L. 91-219, title II, 206(b), Mar. 26, 1970,
84 Stat. 82; Pub. L. 91-584, 12, Dec. 24, 1970, 84 Stat. 1577,
related to the measurement of courses prior to the general amendment of
this section by Pub. L. 92-540, title III, 313, Oct. 24, 1972, 86
Stat. 1084. See section 3688 of this title.
1991 -- Pub. L. 102-83 renumbered section 633 of this title as this
section.
1976 -- Pub. L. 94-581 substituted ''the President'' for ''he'' and
struck out ''his'' before ''authority''.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
Ex. Ord. No. 11762, Jan. 17, 1974, 39 F.R. 2347, provided:
By virtue of the authority vested in me by section 633 (now 1733) of
title 38 and by section 301 of title 3 of the United States Code, and as
President of the United States of America, it is hereby ordered as
follows:
Section 1. (a) Subject to the provisions of subsections (b) and (c)
of this section, the Administrator of Veterans' Affairs is hereby
designated and empowered to exercise, without the approval,
ratification, or other action of the President, the authority vested in
the President by sections 631, 632, 633, and 634 (now 1731, 1732, 1733,
and 1734) of title 38 of the United States Code, as amended by section
107(a) of the Veterans Health Care Expansion Act of 1973 (Public Law
93-82; Stat. 184).
(b) The Secretary of State shall negotiate the agreement, and any
modifications thereby with the Republic of the Philippines required by
the provisions of sections 631, 632, 633, and 634 (now 1731, 1732, 1733,
and 1734) of title 38 of the United States Code.
(c) All rules and regulations prescribed by the Administrator
pursuant to the authority delegated to him by this order shall be
subject to prior approval by the Director of the Office of Management
and Budget.
Sec. 2. Nothing in this order shall be construed as modifying or
terminating any other authority heretofore delegated by the President to
the Administrator of Veterans' Affairs.
Richard Nixon.
38 USC 1734. Hospital and nursing home care and medical services in
the United States
TITLE 38 -- VETERANS' BENEFITS
The Secretary, within the limits of Department facilities, may
furnish hospital and nursing home care and medical services to
Commonwealth Army veterans and new Philippine Scouts for the treatment
of the service-connected disabilities of such veterans and scouts.
(Added Pub. L. 96-22, title I, 106(a), June 13, 1979, 93 Stat. 53,
634; renumbered 1734 and amended Pub. L. 102-83, 4(a)(3), (4),
(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)
Prior section 1734 was renumbered section 3534 of this title.
Another prior section 1734, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1199, as amended by Pub. L. 89-358, 4(m), Mar. 3, 1966, 80 Stat.
25, related to the overcharging of eligible persons by educational
institutions prior to the general amendment of this section by Pub. L.
92-540, title III, 313, Oct. 24, 1972, 86 Stat. 1084. See section
3690 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 634 of this title
as this section.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Section effective Oct. 1, 1979, see section 107 of Pub. L. 96-22,
set out as an Effective Date of 1979 Amendment note under section 1701
of this title.
38 USC 1735. Definitions
TITLE 38 -- VETERANS' BENEFITS
For the purposes of this subchapter --
(1) The term ''Commonwealth Army veterans'' means persons who served
before July 1, 1946, in the organized military forces of the Government
of the Philippines, while such forces were in the service of the Armed
Forces pursuant to the military order of the President dated July 26,
1941, including among such military forces organized guerrilla forces
under commanders appointed, designated, or subsequently recognized by
the Commander in Chief, Southwest Pacific Area, or other competent
authority in the Army of the United States, and who were discharged or
released from such service under conditions other than dishonorable.
The term ''new Philippine Scouts'' means persons who served in the
Philippine Scouts under section 14 of the Armed Forces Voluntary
Recruitment Act of 1945, and who were discharged or released from such
service under conditions other than dishonorable.
(2) The term ''service-connected disabilities'' means disabilities
determined by the Secretary under laws administered by the Secretary to
have been incurred in or aggravated by the service described in
paragraph (1) in line of duty.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1146, 634; Pub. L.
89-612, 3, Sept. 30, 1966, 80 Stat. 861; renumbered 635, Pub. L.
96-22, title I, 106(a), June 13, 1979, 93 Stat. 53; renumbered 1735
and amended Pub. L. 102-83, 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6,
1991, 105 Stat. 403-406.)
Section 14 of the Armed Forces Voluntary Recruitment Act of 1945,
referred to in par. (1), is section 14 of act Oct. 6, 1945, ch. 393,
59 Stat. 543, which enacted section 637 of former Title 10, Army and
Air Force, and was omitted from the Code in the revision and reenactment
of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, 70A Stat.
1.
Prior sections 1735 and 1736 were renumbered sections 3535 and 3536
of this title, respectively.
Another prior section 1736, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1199; Pub. L. 88-126, 3, Sept. 23, 1963, 77 Stat. 162; Pub. L.
89-358, 4(o), Mar. 3, 1966, 80 Stat. 25, which related to
discontinuance of the educational assistance allowance by the
Administrator, was repealed by Pub. L. 92-540, title IV, 402(2), Oct.
24, 1972, 86 Stat. 1090. See section 3690 of this title.
Prior section 1737 was renumbered section 3537 of this title.
Another prior section 1737, added Pub. L. 93-508, title III,
303(a), Dec. 3, 1974, 88 Stat. 1591; amended Pub. L. 97-35, title
XX, 2005(c), Aug. 13, 1981, 95 Stat. 783, which related to
entitlement of any eligible person, before Oct. 1, 1981, to an
education loan, was repealed by Pub. L. 100-689, title I, 124(a), Nov.
18, 1988, 102 Stat. 4174.
Another prior section 1737 was renumbered section 1736 of this title.
Prior section 1738, added Pub. L. 95-202, title II, 201(b), Nov.
23, 1977, 91 Stat. 1437, which related to accelerated payment of
educational assistance allowances, was repealed by Pub. L. 100-689,
title I, 124(a), Nov. 18, 1988, 102 Stat. 4174.
1991 -- Pub. L. 102-83, 5(a), renumbered section 635 of this title
as this section.
Par. (2). Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary''
for ''Administrator'' before ''under''.
Pub. L. 102-83, 4(a)(1), substituted ''administered by the
Secretary'' for ''administered by the Veterans' Administration''.
1966 -- Par. (1). Pub. L. 89-612 inserted definition of ''new
Philippine Scouts''.
38 USC SUBCHAPTER V -- PAYMENTS TO STATE HOMES
TITLE 38 -- VETERANS' BENEFITS
38 USC 1741. Criteria for payment
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall pay each State at the per diem rate of --
(1) $8.70 for domiciliary care; and
(2) $20.35 for nursing home care and hospital care,
for each veteran receiving such care in a State home, if such veteran
is eligible for such care in a Department facility.
(b) In no case shall the payments made with respect to any veteran
under this section exceed one-half of the cost of the veterans' care in
such State home.
(c) The Secretary shall submit every three years to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report on
the adequacy of the rates provided in subsection (a) of this section in
light of projections over each of the following five years of the demand
on the Department for the provision of nursing home care to veterans
eligible for such care under this section and sections 1710 and 1720 of
this title. The first such report shall be submitted not later than
June 30, 1986.
(d) Whenever the Secretary makes a determination pursuant to section
1720(a)(2)(A) of this title that the cost of care furnished by the
Department in a general hospital under the direct jurisdiction of the
Secretary has increased, the Secretary may, effective no earlier than
the date of such determination, increase the rates paid under subsection
(a) of this section by a percentage not greater than the percentage by
which the Secretary has determined that such cost of care has increased.
(e) Subject to section 1743 of this title, the payment of per diem
for care furnished in a State home facility shall commence on the date
of the completion of the inspection for recognition of the facility
under section 1742(a) of this title if the Secretary determines, as a
result of that inspection, that the State home meets the standards
described in such section.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1146, 641; Pub. L.
86-625, July 12, 1960, 74 Stat. 424; Pub. L. 87-819, 1, Oct. 15, 1962,
76 Stat. 935; Pub. L. 88-450, 3(a), Aug. 19, 1964, 78 Stat. 500;
Pub. L. 90-432, 1, July 26, 1968, 82 Stat. 448; Pub. L. 91-178, 1,
Dec. 30, 1969, 83 Stat. 836; Pub. L. 93-82, title IV, 403(a), Aug. 2,
1973, 87 Stat. 196; Pub. L. 94-417, 1(a), Sept. 21, 1976, 90 Stat.
1277; Pub. L. 94-581, title II, 202(o), Oct. 21, 1976, 90 Stat. 2856;
Pub. L. 96-151, title I, 101(b)(1), Dec. 20, 1979, 93 Stat. 1092; Pub.
L. 98-160, title I, 105(a), Nov. 21, 1983, 97 Stat. 998; Pub. L.
100-322, title I, 134(a), May 20, 1988, 102 Stat. 507; renumbered
1741 and amended Pub. L. 102-83, 4(a)(3), (4), (b)(1), (2)(E), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-585, title IV,
406, Nov. 4, 1992, 106 Stat. 4954.)
Prior sections 1740 and 1741 were renumbered sections 3540 and 3541
of this title, respectively.
1992 -- Subsec. (e). Pub. L. 102-585 added subsec. (e).
1991 -- Pub. L. 102-83, 5(a), renumbered section 641 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in introductory provisions.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in concluding provisions.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''1710 and 1720''
for ''610 and 620''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''1720(a)(2)(A)''
for ''620(a)(2)(A)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
1988 -- Subsec. (a). Pub. L. 100-322, 134(a)(1), added cls. (1)
and (2) and struck out former cls. (1) to (3) which read as follows:
''(1) $7.30 for domiciliary care,
''(2) $17.05 for nursing home care, and
''(3) $15.25 for hospital care,''.
Subsec. (d). Pub. L. 100-322, 134(a)(2), added subsec. (d).
1983 -- Subsec. (a). Pub. L. 98-160, 105(a)(1), substituted
''$7.30'' for ''$6.35'' in par. (1), ''$17.05'' for ''$12.10'' in par.
(2), and ''$15.25'' for ''$13.25'' in par. (3).
Subsec. (c). Pub. L. 98-160, 105(a)(2), added subsec. (c).
1979 -- Subsec. (a). Pub. L. 96-151 substituted ''$6.35'' for
''$5.50'', ''$12.10'' for ''$10.50'', and ''$13.25'' for ''$11.50''.
1976 -- Pub. L. 94-581 struck out ''of any war or of service after
January 31, 1955'' after ''for each veteran'' in provisions following
par. (3).
Pub. L. 94-417 designated existing provisions as subsec. (a),
increased from $4.50 to $5.50 the per diem rate for domiciliary care,
from $6 to $10.50 the per diem rate for nursing home care, and from $10
to $11.50 the per diem rate for hospital care, struck out ''of any war
or of service after January 31, 1955'' after ''for each veteran'', '',
in the case of such a veteran receiving domiciliary or hospital care,''
after ''if'', and provisions relating to the case of a veteran receiving
nursing home care, and added subsec. (b).
1973 -- Pub. L. 93-82 increased from $3.50 to $4.50 the per diem
rate for domiciliary care, from $5 to $6 the per diem rate for nursing
home care, and from $7.50 to $10 the per diem rate for hospital care,
and substituted ''veteran of any war or of service after January 31,
1955'' for ''veteran of any war''.
1969 -- Pub. L. 91-178 increased from $3.50 to $7.50 the per diem
payment for hospital care.
1968 -- Pub. L. 90-432 increased from $2.50 to $3.50 the per diem
rate for hospital or domiciliary care and from $3.50 to $5.00 the per
diem rate for nursing home care as the amounts the Administrator shall
pay each State providing such services for veterans.
1964 -- Pub. L. 88-450 amended section generally and, among other
changes, authorized payment at the per diem rate of $3.50 for each
veteran receiving nursing care in a State home, if such veteran meets
the requirements of paragraph (1), (2), or (3) of section 610(a) of this
title, except that the requirement in clause (B) of such paragraph (1)
shall, for this purpose, refer to the inability to defray the expenses
of necessary nursing home care, and eliminated provisions which
permitted reduction of the amount payable to the State homes under
certain conditions and prohibited payments to State homes where a bar or
canteen is maintained therein where intoxicating liquors are sold.
1962 -- Subsec. (b). Pub. L. 87-819 provided that no reduction shall
be made by the retention or collection by a State home of amounts from
the estate of a deceased veteran if such amounts are placed in a post or
other special fund for the benefit of the State home or its inhabitants
in providing the benefits enumerated in clauses (A) to (C).
1960 -- Subsec. (a). Pub. L. 86-625 substituted ''at the per diem
rate of $2.50 per diem for each veteran'' for ''at the annual rate of
$700.00 for each veteran''.
Section 134(b) of Pub. L. 100-322 provided that:
''(1) The amendment made by subsection (a)(1) (amending this section)
shall take effect as of January 1, 1988.
''(2) The amendment made by subsection (a)(2) (amending this section)
shall take effect on October 1, 1988.''
Section 105(b) of Pub. L. 98-160 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect on
April 1, 1984.''
Section 101(b)(2) of Pub. L. 96-151 provided that: ''The amendments
made by paragraph (1) (amending this section) shall take effect on
January 1, 1980, but, with respect to fiscal year 1980, shall take
effect only to such extent and in such amounts as may be specifically
provided for such purpose in appropriation Acts.''
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
Section 1(c) of Pub. L. 94-417 provided that:
''(1) The amendments made by subsection (a) of this section (amending
this section) shall be effective on October 1, 1976.
''(2) At the time of the first payment to a State under section 641
(now 1741) of title 38, United States Code, as amended by subsection (a)
of this section, the Administrator of Veterans' Affairs shall pay such
State, in a lump sum, an amount equal to the difference between the
total amount paid each such State under such section 641 (now 1741) for
care provided by such State in a State home from January 1, 1976, to
October 1, 1976, and the amount such State would have been paid for
providing such care if the amendment made by subsection (a) of this
section had been effective on January 1, 1976.''
Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501
of Pub. L. 93-82, set out as a note under section 1701 of this title.
Section 3(c) of Pub. L. 88-450 provided that: ''The amendment made
by this section (amending this section) shall take effect on January 1,
1965; except that subsection (b) of section 641 (now 1741) of title 38,
United States Code, as in effect immediately before such date, shall
remain in effect with respect to any amounts retained or collected by
any State home before such date.''
Section 3(b) of Pub. L. 88-450 provided that: ''No payment shall be
made to any State home solely by reason of the amendment made by this
section (amending this section) on account of nursing home care
furnished any veteran except where such care is furnished the veteran by
the State home for the first time after the effective date of this
section (Jan. 1, 1965).''
38 USC 1742. Inspections of such homes; restrictions on beneficiaries
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary may inspect any State home at such times as the
Secretary deems necessary. No payment or grant may be made to any home
under this subchapter unless such home is determined by the Secretary to
meet such standards as the Secretary shall prescribe, which standards
with respect to nursing home care shall be no less stringent than those
prescribed pursuant to section 1720(b) of this title.
(b) The Secretary may ascertain the number of persons on account of
whom payments may be made under this subchapter on account of any State
home, but shall have no authority over the management or control of any
State home.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1146, 642; Pub. L.
94-581, title I, 107(a), title II, 210(a)(16), Oct. 21, 1976, 90 Stat.
2847, 2863; renumbered 1742 and amended Pub. L. 102-83, 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
Prior section 1742 was renumbered section 3542 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 642 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1720(b)'' for
''620(b)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1976 -- Subsec. (a). Pub. L. 94-581 substituted ''as the
Administrator deems necessary'' for ''as he deems necessary'' in
existing provisions and inserted provision that no payment or grant may
be made to any home under this subchapter unless such home is determined
by the Administrator to meet such standards as the Administrator shall
prescribe, which standards with respect to nursing home care shall be no
less stringent than those prescribed pursuant to section 620(b) of this
title.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
38 USC 1743. Applications
TITLE 38 -- VETERANS' BENEFITS
Payments on account of any veteran cared for in a State home shall be
made under this subchapter only from the date the Secretary receives a
request for determination of such veteran's eligibility; however, if
such request is received by the Secretary within ten days after care of
such veteran begins, payments shall be made on account of such veteran
from the date care began.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1147, 643; Pub. L.
97-251, 7, Sept. 8, 1982, 96 Stat. 716; renumbered 1743 and amended
Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.
404-406.)
Prior section 1743 was renumbered section 3543 of this title.
1991 -- Pub. L. 102-83 renumbered section 643 of this title as this
section and substituted ''Secretary'' for ''Administrator'' in two
places.
1982 -- Pub. L. 97-251 struck out ''of any war'' after ''Payments on
account of any veteran''.
38 USC ( 1744. Vacant)
TITLE 38 -- VETERANS' BENEFITS
Prior to renumbering of sections 601 to 664 of this chapter as
sections 1701 to 1764 by Pub. L. 102-83, 5(a), Aug. 6, 1991, 105
Stat. 406, section 644 of this chapter, added Pub. L. 91-178, 2(a),
Dec. 30, 1969, 83 Stat. 836; amended Pub. L. 93-82, title IV,
403(b), Aug. 2, 1973, 87 Stat. 196, which authorized appropriations to
be used for making grants to States which had submitted and had approved
applications for assistance in remodeling, modification, or alteration
of existing hospital or domiciliary facilities in State homes providing
care and treatment for veterans, was repealed by Pub. L. 95-62, 2, 5,
July 5, 1977, 91 Stat. 262, 263, effective Oct. 1, 1977, but with
provision for the continuing force and effect of the terms and
conditions of grants made prior to Oct. 1, 1977, under prior section
644 and with additional provision for the modification of the terms and
conditions of both grants made under that section prior to Oct. 1,
1977, and of grants made under subchapter III of chapter 81 of this
title prior to Oct. 1, 1977.
38 USC SUBCHAPTER VI -- SICKLE CELL ANEMIA
TITLE 38 -- VETERANS' BENEFITS
38 USC 1751. Screening, counseling, and medical treatment
TITLE 38 -- VETERANS' BENEFITS
The Secretary is authorized to carry out a comprehensive program of
providing sickle cell anemia screening, counseling, treatment, and
information under the provisions of this chapter.
(Added Pub. L. 93-82, title I, 109(a), Aug. 2, 1973, 87 Stat. 186,
651; renumbered 1751 and amended Pub. L. 102-83, 4(b)(1), (2)(E),
5(a), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83 renumbered section 651 of this title as this
section and substituted ''Secretary'' for ''Administrator''.
Subchapter effective Sept. 1, 1973, see section 501 of Pub. L.
93-82, set out as an Effective Date of 1973 Amendment note under section
1701 of this title.
38 USC 1752. Research
TITLE 38 -- VETERANS' BENEFITS
The Secretary is authorized to carry out research and research
training in the diagnosis, treatment, and control of sickle cell anemia
based upon the screening examinations and treatment provided under this
subchapter.
(Added Pub. L. 93-82, title I, 109(a), Aug. 2, 1973, 87 Stat. 186,
652; renumbered 1752 and amended Pub. L. 102-83, 4(b)(1), (2)(E),
5(a), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83 renumbered section 652 of this title as this
section and substituted ''Secretary'' for ''Administrator''.
38 USC 1753. Voluntary participation; confidentiality
TITLE 38 -- VETERANS' BENEFITS
(a) The participation by any person in any program or portion thereof
under this subchapter shall be wholly voluntary and shall not be a
prerequisite to eligibility for or receipt of any other service or
assistance from, or to participation in, any other program under this
title.
(b) Patient records prepared or obtained under this subchapter shall
be held confidential in the same manner and under the same conditions
prescribed in section 7332 of this title.
(Added Pub. L. 93-82, title I, 109(a), Aug. 2, 1973, 87 Stat. 187,
653; amended Pub. L. 94-581, title I, 111(b), Oct. 21, 1976, 90 Stat.
2852; Pub. L. 102-40, title IV, 402(d)(1), May 7, 1991, 105 Stat. 239;
renumbered 1753, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 653 of this title as this
section.
Subsec. (b). Pub. L. 102-40 substituted ''7332'' for ''4132''.
1976 -- Subsec. (b). Pub. L. 94-581 substituted ''Patient records
prepared or obtained under this subchapter shall be held confidential in
the same manner and under the same conditions prescribed in section 4132
of this title'' for ''The Administrator shall promulgate rules and
regulations to insure that all information and patient records prepared
or obtained under this subchapter shall be held confidential except for
(1) such information as the patient (or his guardian) requests in
writing to be released or (2) statistical data compiled without
reference to patient names or other identifying characteristics''.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
38 USC 1754. Reports
TITLE 38 -- VETERANS' BENEFITS
The Secretary shall include in the annual report to the Congress
required by section 529 of this title a comprehensive report on the
administration of this subchapter, including such recommendations for
additional legislation as the Secretary deems necessary.
(Added Pub. L. 93-82, title I, 109(a), Aug. 2, 1973, 87 Stat. 187,
654; renumbered 1754 and amended Pub. L. 102-83, 2(c)(3), 4(b)(1),
(2)(E), 5(a), Aug. 6, 1991, 105 Stat. 402, 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 654 of this title
as this section.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in two places.
Pub. L. 102-83, 2(c)(3), substituted ''section 529'' for ''section
214''.
38 USC (SUBCHAPTER VII -- REPEALED)
TITLE 38 -- VETERANS' BENEFITS
38 USC ( 1761 to 1764. Repealed. Pub. L. 102-585, title V, 514(a),
Nov. 4, 1992, 106 Stat. 4958)
TITLE 38 -- VETERANS' BENEFITS
Section 1761, added Pub. L. 96-22, title I, 105(a), June 13, 1979,
93 Stat. 52, 661; amended Pub. L. 98-160, title I, 106(b), Nov.
21, 1983, 97 Stat. 998; renumbered 1761, Pub. L. 102-83, 5(a), Aug.
6, 1991, 105 Stat. 406, related to purpose of this subchapter, which
established a preventive health-care services pilot program.
Prior section 1761 was renumbered section 3561 of this title.
Section 1762, added Pub. L. 96-22, title I, 105(a), June 13, 1979,
93 Stat. 52, 662; renumbered 1762 and amended Pub. L. 102-83,
4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406; Pub. L.
102-585, title V, 513(a), Nov. 4, 1992, 106 Stat. 4958, defined the
term ''preventive health-care services'' for purposes of this
subchapter. Section 1762 of this title was transferred to section
1701(9) of this title by Pub. L. 102-585.
Prior section 1762 was renumbered section 3562 of this title.
Section 1763, added Pub. L. 96-22, title I, 105(a), June 13, 1979,
93 Stat. 52, 663; amended Pub. L. 96-128, title V, 501(d), Nov.
28, 1979, 93 Stat. 987; Pub. L. 98-160, title I, 106(c), Nov. 21,
1983, 97 Stat. 998; Pub. L. 99-272, title XIX, 19011(d)(6), Apr. 7,
1986, 100 Stat. 379; renumbered 1763 and amended Pub. L. 102-83,
4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406, related to provision of preventive health-care services under
this subchapter.
Prior section 1763 was renumbered section 3563 of this title.
Another prior section 1763, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1201, providing for control by agencies of the United States, was
repealed by Pub. L. 89-358, 3(a)(3), Mar. 3, 1966, 80 Stat. 20. See
section 3682 of this title.
Section 1764, added Pub. L. 96-22, title I, 105(a), June 13, 1979,
93 Stat. 53, 664; amended Pub. L. 98-160, title I, 106(d), Nov.
21, 1983, 97 Stat. 999; renumbered 1764 and amended Pub. L. 102-83,
4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406, required
Secretary to include comprehensive reports on administration of this
subchapter in annual reports to Congress for fiscal years 1984 through
1988.
Prior section 1764, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1201,
which provided for dismissal for conflict of interest, was repealed by
Pub. L. 89-358, 3(a)(3), 12(a), Mar. 3, 1966, 80 Stat. 20, 28,
effective Mar. 3, 1966. See section 3683 of this title.
Prior section 1765 was renumbered section 3565 of this title.
Another prior section 1765, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1202, provided for reports by institutions, and was repealed by Pub.
L. 89-358, 3(a)(3), Mar. 3, 1966, 80 Stat. 20. See section 3684 of
this title.
Prior section 1766 was renumbered section 3566 of this title.
Another prior section 1766, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1202, which related to overpayments to eligible persons, was repealed
by Pub. L. 89-358, 3(a)(3), Mar. 3, 1966, 80 Stat. 20. See section
3685 of this title.
Prior section 1767, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1202,
which related to examination of records, was repealed by Pub. L.
89-358, 3(a)(3), Mar. 3, 1966, 80 Stat. 20.
Prior section 1768, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1202,
which related to false or misleading statements, was repealed by Pub.
L. 89-358, 3(a)(3), Mar. 3, 1966, 80 Stat. 20.
Prior sections 1770 to 1777 were renumbered sections 3670 to 3677 of
this title, respectively.
Another prior section 1777 was renumbered section 1778 of this title.
Prior section 1778 was renumbered section 3678 of this title.
Another prior section 1778 was renumbered section 1779 of this title.
Prior sections 1779 to 1786 were renumbered sections 3679 to 3686 of
this title, respectively.
Another prior section 1786, added Pub. L. 89-358, 3(b), Mar. 3,
1966, 80 Stat. 23, which related to the examination of records, was
repealed by section 316(1) of Pub. L. 92-540. See section 3690 of this
title.
Prior section 1787 was renumbered section 3687 of this title.
Another prior section 1787, added Pub. L. 89-358, 3(b), Mar. 3,
1966, 80 Stat. 23, which related to the submission of false or
misleading statements by educational institutions, persons or veterans,
was repealed by section 316(1) of Pub. L. 92-540. See section 3690 of
this title.
Prior section 1788 was renumbered section 3688 of this title.
Another prior section 1788 was renumbered section 1792 of this title.
Prior section 1789 was renumbered section 3689 of this title.
Another prior section 1789, which required the Administrator not to
approve of enrollments in courses in institutions listed by the Attorney
General under section 12 of Ex. Ord. No. 10450, was renumbered section
1793 of this title.
Prior section 1790 was renumbered section 3690 of this title.
Another prior section 1790 was renumbered section 1794 of this title.
Prior section 1791 was renumbered section 3691 of this title.
Another prior section 1791 was renumbered section 1795 of this title.
Prior sections 1792 and 1793 were renumbered sections 3692 and 3693
of this title, respectively.
Another prior section 1793, added Pub. L. 89-358, 3(b), Mar. 3,
1966, 80 Stat. 23, 1789; amended Pub. L. 91-24, 15, June 11, 1969,
83 Stat. 35; renumbered and amended Pub. L. 92-540, title III,
316(2), title IV, 403(12), Oct. 24, 1972, 86 Stat. 1086, 1090, which
required that the Administrator not to approve of enrollment in any
course in an institution listed by the Attorney General under section 12
of Executive Order 10450, was repealed by section 511(1) of Pub. L.
94-502.
Prior sections 1794 to 1799 were renumbered sections 3694 to 3699 of
this title, respectively.
Prior sections 1801 to 1806 were renumbered sections 3701 to 3706 of
this title, respectively.
Prior section 1807, added Pub. L. 94-324, 2(a), June 30, 1976, 90
Stat. 720; amended Pub. L. 97-72, title III, 303(d), Nov. 3, 1981,
95 Stat. 1060, which related to service after July 25, 1947, and prior
to June 27, 1950, was repealed by Pub. L. 100-322, title IV,
415(a)(4), May 20, 1988, 102 Stat. 550.
Prior sections 1810 to 1812 were renumbered sections 3710 to 3712 of
this title, respectively.
Another prior section 1812, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1210, which automatically guaranteed loans made to a veteran if made
for the purpose of purchasing farms and farm equipment, was repealed by
Pub. L. 93-569, 7(a), Dec. 31, 1974, 88 Stat. 1866.
Prior section 1813 was renumbered section 3713 of this title.
Another prior section 1813, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1211, which automatically guaranteed loans made to a veteran if made
for the purpose of purchasing business property, was repealed by Pub.
L. 93-569, 7(a), Dec. 31, 1974, 88 Stat. 1866.
Prior section 1814 was renumbered section 3714 of this title.
Another prior section 1814, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1211, Pub. L. 86-665, 3, July 14, 1960, 74 Stat. 531; Pub. L.
87-84, 1(c), July 6, 1961, 75 Stat. 201, which automatically
guaranteed loans made to a veteran if made for the purpose of
refinancing delinquent indebtedness, was repealed by Pub. L. 93-569,
7(a), Dec. 31, 1974, 88 Stat. 1866.
Prior section 1815 was renumbered section 1803(a)(2) of this title.
Prior section 1816 was renumbered sections 1832 and 1833 of this
title.
Prior sections 1817 and 1817A were renumbered sections 1813 and 1814
of this title, respectively.
Prior section 1818, added Pub. L. 89-358, 5(a), Mar. 3, 1966, 80
Stat. 25; amended Pub. L. 91-506, 2(e), Oct. 23, 1970, 84 Stat.
1108; Pub. L. 93-569, 8(6), (7), Dec. 31, 1974, 88 Stat. 1866, 1867;
Pub. L. 94-324, 4, June 30, 1976, 90 Stat. 720; Pub. L. 95-476,
title I, 106(a), Oct. 18, 1978, 92 Stat. 1499; Pub. L. 97-72, title
III, 303(g), Nov. 3, 1981, 95 Stat. 1060; Pub. L. 97-295, 4(66),
Oct. 12, 1982, 96 Stat. 1310, which related to service after Jan. 31,
1955, and prior to Aug. 5, 1964, or after May 7, 1975, was repealed by
Pub. L. 100-322, title IV, 415(b)(3), May 20, 1988, 102 Stat. 551.
Prior section 1819 was renumbered section 1812 of this title.
Prior sections 1820 and 1821 were renumbered sections 3720 and 3721
of this title, respectively.
Prior section 1822, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1214;
Pub. L. 89-358, 5(c), Mar. 3, 1966, 88 Stat. 26; Pub. L. 89-623,
1, Oct. 4, 1966, 80 Stat. 873; Pub. L. 90-301, 2(b), May 7, 1968, 82
Stat. 113, which provided for bringing of an action in district court,
by veteran or Attorney General, against one who knowingly participated
in sale of property to a veteran for consideration in excess of
reasonable value of property, was repealed by Pub. L. 93-569, 7(a),
10, Dec. 31, 1974, 88 Stat. 1866, 1867, effective Dec. 31, 1974.
Prior sections 1823 and 1824 were renumbered sections 3723 and 3724
of this title, respectively.
Another prior section 1824 was renumbered section 1825 of this title.
Prior sections 1825 to 1832 were renumbered sections 3725 to 3732 of
this title, respectively.
Another prior section 1832 was renumbered section 1833(d) of this
title.
Prior sections 1833 to 1835 and 1841 to 1851 were renumbered sections
3733 to 3735 and 3741 to 3751 of this title, respectively.
38 USC CHAPTER 19 -- INSURANCE
TITLE 38 -- VETERANS' BENEFITS
Sec.
1901. Definitions.
1902. Premium rates and policy values.
1903. Amount of insurance.
1904. Plans of insurance.
1905. Renewal.
1906. Policy provisions.
1907. Payment or use of dividends.
1908. Premium payments.
1909. Effective date of insurance.
1910. Incontestability.
1911. Forfeiture.
1912. Total disability waiver.
1913. Death before six months' total disability.
1914. Statutory total disabilities.
1915. Total disability income provision.
1916. Insurance which matured before August 1, 1946.
1917. Insurance maturing on or after August 1, 1946.
1918. Assignments.
1919. National Service Life Insurance appropriation.
1920. National Service Life Insurance Fund.
1921. Extra hazard costs.
1922. Service disabled veterans' insurance.
1922A. Supplemental service disabled veterans' insurance for totally
disabled veterans.
1923. Veterans' Special Life Insurance.
1924. In-service waiver of premiums.
1925. Limited period for acquiring insurance.
1926. Authority for higher interest rates for amounts payable to
beneficiaries.
1927. Authority for higher monthly installments payable to certain
annuitants.
1928. Authority for payment of interest on settlements.
1929. Authority to adjust premium discount rates.
1940. Definition.
1941. Amount of insurance.
1942. Plans of insurance.
1943. Premiums.
1944. Policy provisions.
1945. Renewal.
1946. Dividends to pay premiums.
1947. Incontestability.
1948. Total disability provision.
1949. Change of beneficiary.
1950. Payment to estates.
1951. Payment of insurance.
1952. Optional settlement.
1953. Assignments.
1954. Forfeiture.
1955. United States Government Life Insurance Fund.
1956. Military and naval insurance appropriation.
1957. Extra hazard costs.
1958. Statutory total permanent disability.
1959. Waiver of disability for reinstatement.
1960. Waiver of premium payments on due date.
1961. Authority for higher interest rates for amounts payable to
beneficiaries.
1962. Authority for higher monthly installments payable to certain
annuitants.
1963. Authority for payment of interest on settlements.
1965. Definitions.
1966. Eligible insurance companies.
1967. Persons insured; amount.
1968. Duration and termination of coverage; conversion.
1969. Deductions; payment; investment; expenses.
1970. Beneficiaries; payment of insurance.
1971. Basic tables of premiums; readjustment of rates.
1972. Benefit certificates.
1973. Forfeiture.
1974. Advisory Council on Servicemen's Group Life Insurance.
1975. Jurisdiction of District Courts.
1976. Effective date.
1977. Veterans' Group Life Insurance.
1978. Reinstatement.
1979. Incontestability.
1981. Replacement of surrendered and expired insurance.
1982. Administrative cost.
1983. Settlements for minors or incompetents.
1984. Suits on insurance.
1985. Decisions by the Secretary.
1986. Deposits in and disbursements from trust funds.
1987. Penalties.
1988. Savings provision.
1992 -- Pub. L. 102-568, title II, 203(b), Oct. 29, 1992, 106
Stat. 4325, added item 1922A.
1991 -- Pub. L. 102-83, 5(b)(1), Aug. 6, 1991, 105 Stat. 406,
renumbered items 701 to 788 as 1901 to 1988, respectively.
Pub. L. 102-83, 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405,
substituted ''Secretary'' for ''Administrator'' in item 785.
1988 -- Pub. L. 100-687, div. B, title XIV, 1401(c), Nov. 18,
1988, 102 Stat. 4129, added items 728, 729, and 763.
Pub. L. 100-322, title III, 331(a)(2), (b)(2), May 20, 1988, 102
Stat. 536, 537, added items 727 and 762.
1979 -- Pub. L. 96-128, title III, 302(b), 303(b), Nov. 28, 1979,
93 Stat. 986, added items 726 and 761.
1974 -- Pub. L. 93-289, 2(b), 9(b), May 24, 1974, 88 Stat. 165,
172, added items 777, 778, and 779 and substituted ''Veterans' Special
Life Insurance'' for ''Veterans' special term insurance'' in item 723.
1971 -- Pub. L. 92-188, 3, Dec. 15, 1971, 85 Stat. 645,
substituted ''Payment or use of dividends'' for ''Dividends to pay
premiums'' in item 707.
1970 -- Pub. L. 91-291, 7, June 25, 1970, 84 Stat. 331,
substituted ''Duration and termination of coverage; conversion'' for
''Termination of coverage; conversion'' in item 768.
1965 -- Pub. L. 89-214, 2, Sept. 29, 1965, 79 Stat. 886,
redesignated ''SUBCHAPTER III -- GENERAL'' as ''SUBCHAPTER IV --
GENERAL'' and inserted ''SUBCHAPTER III -- SERVICEMEN'S GROUP LIFE
INSURANCE'' comprising items 765 to 776.
1964 -- Pub. L. 88-664, 12(c), Oct. 13, 1964, 78 Stat. 1099,
added item 725.
38 USC SUBCHAPTER I -- NATIONAL SERVICE LIFE INSURANCE
TITLE 38 -- VETERANS' BENEFITS
450.
38 USC 1901. Definitions
TITLE 38 -- VETERANS' BENEFITS
For the purposes of this subchapter --
(1) The term ''insurance'' means National Service Life Insurance.
(2) The terms ''widow'' or ''widower'' mean a person who was the
lawful spouse of the insured at the maturity of the insurance.
(3) The term ''child'' means a legitimate child, an adopted child,
and, if designated as beneficiary by the insured, a stepchild or an
illegitimate child.
(4) The terms ''parent'', ''father'', and ''mother'' mean a father,
mother, father through adoption, mother through adoption, persons who
have stood in loco parentis to a member of the military or naval forces
at any time before entry into active service for a period of not less
than one year, and a stepparent, if designated as beneficiary by the
insured.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1148, 701; renumbered
1901, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
Prior section 1901 was renumbered section 3901 of this title.
Another prior section 1901, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1215, as amended by Pub. L. 90-77, title II, 204(a), Aug. 31, 1967,
81 Stat. 184, related to ''veterans eligible for assistance'' prior to
the general revision of chapter 39 of this title by Pub. L. 91-666. See
sections 3901 and 3902 of this title.
1991 -- Pub. L. 102-83 renumbered section 701 of this title as this
section.
38 USC 1902. Premium rates and policy values
TITLE 38 -- VETERANS' BENEFITS
Premium rates for insurance shall be the net rates based upon the
American Experience Table of Mortality and interest at the rate of 3 per
centum per annum. All cash, loan, paid-up, and extended values, and all
other calculations in connection with insurance, shall be based upon
said American Experience Table of Mortality and interest at the rate of
3 per centum per annum.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1148, 702; renumbered
1902, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
Prior section 1902 was renumbered section 3902 of this title.
Another prior section 1902, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1215, related to ''limitation on types of assistance furnished and
veterans otherwise entitled'' prior to the general revision of chapter
39 of this title by Pub. L. 91-666. See sections 3902 and 3903 of this
title.
1991 -- Pub. L. 102-83 renumbered section 702 of this title as this
section.
38 USC 1903. Amount of insurance
TITLE 38 -- VETERANS' BENEFITS
Insurance shall be issued in any multiple of $500 and the amount of
insurance with respect to any one person shall be not less than $1,000
or more than $10,000. No person may carry a combined amount of National
Service Life Insurance and United States Government life insurance in
excess of $10,000 at any one time. The limitations of this section
shall not apply to the additional paid up insurance the purchase of
which is authorized under section 1907 of this title.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1148, 703; Pub. L.
92-188, 1, Dec. 15, 1971, 85 Stat. 645; renumbered 1903 and amended
Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
Prior section 1903 was renumbered section 3903 of this title.
Another prior section 1903, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1216, related to ''limitation on amounts paid by United States'' prior
to the general revision of chapter 39 of this title by Pub. L. 91-666.
See section 3902 of this title.
1991 -- Pub. L. 102-83 renumbered section 703 of this title as this
section and substituted ''1907'' for ''707''.
1971 -- Pub. L. 92-188 made section limitations inapplicable to the
additional paid up insurance purchase of which is authorized under
section 707 of this title.
Amendment by Pub. L. 92-188 effective on date established by
Administrator but in no event later than first day of first calendar
month beginning more than six calendar months after Dec. 15, 1971, see
section 4 of Pub. L. 92-188, set out as a note under section 1907 of
this title.
38 USC 1904. Plans of insurance
TITLE 38 -- VETERANS' BENEFITS
(a) Insurance may be issued on the following plans: Five-year level
premium term, ordinary life, twenty-payment life, thirty-payment life,
twenty-year endowment, endowment at age sixty, and endowment at age
sixty-five. Level premium term insurance may be converted as of the
date when any premium becomes or has become due, or exchanged as of the
date of the original policy, upon payment of the difference in reserve,
at any time while such insurance is in force and within the term period
to any of the foregoing permanent plans of insurance, except that
conversion to an endowment plan may not be made while the insured is
totally disabled.
(b) Under such regulations as the Secretary may promulgate a policy
of participating insurance may be converted to or exchanged for
insurance issued under this subsection on a modified life plan.
Insurance issued under this subsection shall be on the same terms and
conditions as the insurance which it replaces, except (1) the premium
rates for such insurance shall be based on the 1958 Commissioners
Standard Ordinary Basic Table of Mortality and interest at the rate of 3
per centum per annum; (2) all cash, loan, paid-up, and extended values
shall be based on the 1958 Commissioners Standard Ordinary Basic Table
of Mortality and interest at the rate of 3 per centum per annum; and
(3) at the end of the day preceding the sixty-fifth birthday of the
insured the face value of the modified life insurance policy or the
amount of extended term insurance thereunder shall be automatically
reduced by one-half thereof, without any reduction in premium.
(c) Under such regulations as the Secretary may promulgate, a policy
of nonparticipating insurance may be converted to or exchanged for
insurance issued under this subsection on a modified life plan.
Insurance issued under this subsection shall be on the same terms and
conditions as the insurance which it replaces, except that (1) term
insurance issued under section 621 of the National Service Life
Insurance Act of 1940 shall be deemed for the purposes of this
subsection to have been issued under section 1923(b) of this title; and
(2) at the end of the day preceding the sixty-fifth birthday of the
insured the face value of the modified life insurance policy or the
amount of extended term insurance thereunder shall be automatically
reduced by one-half thereof, without any reduction in premium. Any
person eligible for insurance under section 1922(a), or section 1925 of
this title may be granted a modified life insurance policy under this
subsection which, subject to exception (2) above, shall be issued on the
same terms and conditions specified in section 1922(a) or section 1925,
whichever is applicable.
(d) Any insured whose modified life insurance policy is in force by
payment or waiver of premiums on the day before the insured's
sixty-fifth birthday may upon written application and payment of
premiums made before such birthday be granted National Service Life
Insurance, on an ordinary life plan, without physical examination, in an
amount of not less than $500, in multiples of $250, but not in excess of
one-half of the face amount of the modified life insurance policy in
force on the day before the insured's sixty-fifth birthday. Insurance
issued under this subsection shall be effective on the sixty-fifth
birthday of the insured. The premium rate, cash, loan, paid-up, and
extended values on the ordinary life insurance issued under this
subsection shall be based on the same mortality tables and interest
rates as the insurance issued under the modified life policy.
Settlements on policies involving annuities on insurance issued under
this subsection shall be based on the same mortality or annuity tables
and interest rates as such settlements on the modified life policy. If
the insured is totally disabled on the day before the insured's
sixty-fifth birthday and premiums on the insured's modified life
insurance policy are being waived under section 1912 of this title or
the insured is entitled on that date to waiver under such section the
insured shall be automatically granted the maximum amount of insurance
authorized under this subsection and premiums on such insurance shall be
waived during the continuous total disability of the insured.
(e) After June 30, 1972, and under such regulations as the Secretary
may promulgate, insurance may be converted to or exchanged for insurance
on a modified life plan under the same terms and conditions as are set
forth in subsections (b) and (c) of this section except that at the end
of the day preceding the seventieth birthday of the insured the face
value of the modified life insurance policy or the amount of extended
insurance thereunder shall be automatically reduced by one-half thereof,
without any reduction in premium. Any insured whose modified life
insurance policy issued under this subsection is in force by payment or
waiver of premiums on the day before the insured's seventieth birthday
may be granted insurance on the ordinary life plan upon the same terms
and conditions as are set forth in subsection (d) of this section except
that in applying such provisions the seventieth birthday is to be
substituted for the sixty-fifth birthday. Notwithstanding any other
provision of law or regulations the Secretary under such terms and
conditions as the Secretary determines to be reasonable and practicable
and upon written application and payment of the required premiums,
reserves, or other necessary amounts made within one year from the
effective date of this subsection by an insured having in force a
modified life plan issued under subsection (b) or (c) of this section,
including any replacement insurance issued under subsection (d) of this
section or other provision of this title, can exchange such insurance
without proof of good health for an amount of insurance issued under
this subsection equal to the insurance then in force or which was in
force on the day before such insured's sixty-fifth birthday, whichever
is the greater.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1148, 704; Pub. L.
88-664, 12(b), Oct. 13, 1964, 78 Stat. 1098; Pub. L. 92-193, Dec. 15,
1971, 85 Stat. 648; Pub. L. 97-295, 4(21), Oct. 12, 1982, 96 Stat.
1306; Pub. L. 99-576, title VII, 701(21), Oct. 28, 1986, 100 Stat.
3292; renumbered 1904 and amended Pub. L. 102-83, 4(b)(1), (2)(E),
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
Section 621 of the National Service Life Insurance Act of 1940,
referred to in subsec. (c), is section 621 of act Oct. 8, 1940, ch.
757, title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt. II, 10,
65 Stat. 36, which was repealed and the provisions thereof reenacted as
section 723 (now 1923) of this title by Pub. L. 85-857, Sept. 2, 1958,
72 Stat. 1105.
Prior section 1904 was renumbered section 3904 of this title.
Another prior section 1904, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1216, relating to ''prohibition against duplication of benefits'', was
omitted in the general revision of chapter 39 of this title by Pub. L.
91-666, 2(a), Jan. 11, 1971, 84 Stat. 1998. See section 3903 of this
title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 704 of this title
as this section.
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''1923(b)'' for
''723(b)'', ''1922(a)'' for ''722(a)'' in two places, and ''1925'' for
''725'' in two places.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''1912'' for
''712''.
Subsec. (e). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
1986 -- Subsec. (d). Pub. L. 99-576, 701(21)(A), substituted ''the
insured's'' for ''his'' in four places, and ''the insured'' for ''he''
in two places.
Subsec. (e). Pub. L. 99-576, 701(21)(B), substituted ''the
insured's'' for ''his'' and ''the Administrator'' for ''he''.
1982 -- Subsec. (e). Pub. L. 97-295 substituted ''After June 30,
1972,'' for ''On and after the effective date of this subsection'', and
substituted ''subsection'' for ''subsections'' after ''plan issued
under''.
1971 -- Subsec. (e). Pub. L. 92-193 added subsec. (e).
1964 -- Pub. L. 88-664 designated existing provisions as subsec.
(a) and added subsecs. (b) to (d).
Pub. L. 92-193 provided that the amendment made by Pub. L. 92-193 is
effective first day of first calendar month which begins more than six
calendar months after Dec. 15, 1971.
Amendment by Pub. L. 88-664 effective first day of first calendar
month which begins more than six calendar months after Oct. 13, 1964,
see section 12(d) of Pub. L. 88-664, set out as an Effective Date note
under section 1925 of this title.
38 USC 1905. Renewal
TITLE 38 -- VETERANS' BENEFITS
All level premium term policies, except as otherwise provided in this
section, shall cease and terminate at the expiration of the term period.
At the expiration of any term period any five-year level premium term
policy which has not been exchanged or converted to a permanent plan of
insurance and which is not lapsed shall be renewed as level premium term
insurance without application for a successive five-year period at the
premium rate for the attained age without medical examination. However,
renewal will be effected in cases where the policy is lapsed only if the
insured makes application for reinstatement and renewal of the term
policy within five years after the date of lapse, and reinstatement in
such cases shall be under the terms and conditions prescribed by the
Secretary. In any case in which the insured is shown by evidence
satisfactory to the Secretary to be totally disabled at the expiration
of the level premium term period of the insurance under conditions which
would entitle the insured to continued insurance protection but for such
expiration, the insurance, if subject to renewal under this section,
shall be automatically renewed for an additional period of five years at
the premium rate for the then attained age, unless the insured has
elected insurance on some other available plan.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1148, 705; Pub. L.
91-291, 8, June 25, 1970, 84 Stat. 331; Pub. L. 99-576, title VII,
701(22), Oct. 28, 1986, 100 Stat. 3292; renumbered 1905 and amended
Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.
404-406.)
Prior section 1905, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1216;
Pub. L. 90-77, title II, 204(b), Aug. 31, 1967, 81 Stat. 184,
relating to ''applications'', was omitted in the general revision of
chapter 39 of this title by Pub. L. 91-666, 2(a), Jan. 11, 1971, 84
Stat. 1998.
1991 -- Pub. L. 102-83 renumbered section 705 of this title as this
section and substituted ''Secretary'' for ''Administrator'' in two
places.
1986 -- Pub. L. 99-576 substituted ''the'' for ''his'' in three
places and ''the insured'' for ''him''.
1970 -- Pub. L. 91-291 made it a requirement for renewal of lapsed
policies that the insured make application for reinstatement and renewal
of his term policy within five years after the date of lapse and struck
out provision that the lapse occur within two months before the
expiration of the term period.
Amendment by Pub. L. 91-291 effective June 25, 1970, see section
14(a) of Pub. L. 91-291, set out as a note under section 1317 of this
title.
38 USC 1906. Policy provisions
TITLE 38 -- VETERANS' BENEFITS
Provisions for cash, loan, paid-up, and extended values, dividends
from gains and savings, refund of unearned premiums, and such other
provisions as may be found to be reasonable and practicable may be
provided for in the policy of insurance from time to time by regulations
promulgated by the Secretary.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1149, 706; renumbered
1906 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
1991 -- Pub. L. 102-83 renumbered section 706 of this title as this
section and substituted ''Secretary'' for ''Administrator''.
38 USC 1907. Payment or use of dividends
TITLE 38 -- VETERANS' BENEFITS
(a) Until and unless the Secretary has received from the insured a
request or directive in writing exercising any other dividend option
allowable under the insured's policy, any dividend accumulations and
unpaid dividends shall be applied in payment of premiums becoming due on
insurance subsequent to the date the dividend is payable after January
1, 1952.
(b) No claim by an insured for payment in cash of a special dividend
declared prior to January 1, 1952, shall be processed by the Secretary
unless such claim was received within six years after such dividend was
declared. Whenever any claim for payment of a special dividend, the
processing of which is barred by this subsection, is received by the
Secretary, it shall be returned to the claimant, with a copy of this
subsection, and such action shall be a complete response without further
communication.
(c) The Secretary, upon application in writing made by the insured
for insurance under this subsection, and without proof of good health,
is authorized to apply any dividend due and payable on national service
life insurance after the date of such application to purchase paid up
insurance. Also, the Secretary, upon application in writing made by the
insured during the one-year period beginning September 1, 1991, and
without proof of good health, is authorized to apply any national
service life insurance dividend credits and deposits of such insured
existing at the date of the insured's application to purchase paid up
insurance. After September 1, 1992, the Secretary may, from time to
time, provide for further one-year periods during which insureds may
purchase additional paid up insurance from existing dividend credits and
deposits. Any such period for the purchase of additional paid up
insurance may be allowed only if the Secretary determines in the case of
any such period that it would be actuarially and administratively sound
to do so. Any dividends, dividend credits, or deposits on endowment
policies may be used under this subsection only to purchase additional
paid up endowment insurance which matures concurrently with the basic
policy. Any dividends, dividend credits, or deposits on policies (other
than endowment policies) may be used under this section only to purchase
additional paid up whole life insurance. The paid up insurance granted
under this subsection shall be in addition to any insurance otherwise
authorized under this title, or under prior provisions of law. The paid
up insurance granted under this subsection shall be issued on the same
terms and conditions as are contained in the standard policies of
national service life insurance except (1) the premium rates for such
insurance and all cash and loan values thereon shall be based on such
table of mortality and rate of interest per annum as may be prescribed
by the Secretary; (2) the total disability income provision authorized
under section 1915 of this title may not be added to insurance issued
under this section; and (3) the insurance shall include such other
changes in terms and conditions as the Secretary determines to be
reasonable and practicable.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1149, 707; Pub. L.
91-291, 9, June 25, 1970, 84 Stat. 331; Pub. L. 92-188, 2, Dec. 15,
1971, 85 Stat. 645; Pub. L. 97-295, 4(22), Oct. 12, 1982, 96 Stat.
1306; Pub. L. 99-576, title VII, 701(23), Oct. 28, 1986, 100 Stat.
3292; renumbered 1907 and amended Pub. L. 102-83,
4(a)(2)(A)(iii)(I), (C)(i), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991,
105 Stat. 403-406; Pub. L. 102-86, title II, 203, Aug. 14, 1991, 105
Stat. 416.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 707 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(a)(2)(A)(iii)(I), substituted
''Secretary'' for ''Veterans' Administration''.
Subsec. (b). Pub. L. 102-83, 4(a)(2)(C)(i), substituted ''by the
Secretary'' for ''in the Veterans' Administration'' in second sentence.
Pub. L. 102-83, 4(a)(2)(A)(iii)(I), substituted ''Secretary'' for
''Veterans' Administration'' in first sentence.
Subsec. (c). Pub. L. 102-86 amended subsec. (c) of this section as
in effect before the redesignations made by Pub. L. 102-83, 5, by
substituting ''during the one-year period beginning September 1, 1991''
for ''before February 1, 1973'' and inserting after second sentence
''After September 1, 1992, the Secretary may, from time to time, provide
for further one-year periods during which insureds may purchase
additional paid up insurance from existing dividend credits and
deposits. Any such period for the purchase of additional paid up
insurance may be allowed only if the Secretary determines in the case of
any such period that it would be actuarially and administratively sound
to do so.''
Pub. L. 102-83, 5(c)(1), substituted ''1915'' for ''715'' in cl.
(2).
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
1986 -- Subsecs. (a), (c). Pub. L. 99-576 substituted ''the
insured's'' for ''his''.
1982 -- Subsec. (c). Pub. L. 97-295 substituted ''before February 1,
1973'' for ''within six calendar months after the effective date of this
subsection''.
1971 -- Pub. L. 92-188, 2(3), substituted ''Payment or use of
dividends'' for ''Dividends to pay premiums'' as section catchline.
Subsec. (a). Pub. L. 92-188, 2(1), substituted ''or directive in
writing exercising any other dividend option allowable under his
policy'' for ''in writing for payment in cash''.
Subsec. (c). Pub. L. 92-188, 2(2), added subsec. (c).
1970 -- Pub. L. 91-291 designated existing provisions as subsec.
(a) and added subsec. (b).
Section 4 of Pub. L. 92-188 provided that: ''The amendments made by
this Act (amending this section and sections 703 and 741 (now 1903 and
1941) of this title) shall take effect on a date established by the
Administrator but in no event later than the first day of the first
calendar month which begins more than six calendar months after the date
of enactment of this Act (Dec. 15, 1971).''
Amendment by Pub. L. 91-291 effective June 25, 1970, see section
14(a) of Pub. L. 91-291, set out as a note under section 1317 of this
title.
38 USC 1908. Premium payments
TITLE 38 -- VETERANS' BENEFITS
The Secretary shall, by regulations, prescribe the time and method of
payment of the premiums on insurance, but payments of premiums in
advance shall not be required for periods of more than one month each,
and may at the election of the insured be deducted from the insured's
active-service pay or be otherwise made. An amount equal to the first
premium due under a National Service Life Insurance policy may be
advanced from current appropriations for active-service pay to any
person in the active service in the Army, Navy, Air Force, Marine Corps,
or Coast Guard, which amount shall constitute a lien upon any service or
other pay accruing to the person for whom such advance was made and
shall be collected therefrom if not otherwise paid. No disbursing or
certifying officer shall be responsible for any loss incurred by reason
of such advance. Any amount so advanced in excess of available service
or other pay shall constitute a lien on the policy within the provisions
of section 5301(b) of this title.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1149, 708; Pub. L.
99-576, title VII, 701(24), Oct. 28, 1986, 100 Stat. 3292; Pub. L.
102-40, title IV, 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered
1908 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
1991 -- Pub. L. 102-83 renumbered section 708 of this title as this
section and substituted ''Secretary'' for ''Administrator''.
Pub. L. 102-40 substituted ''5301(b)'' for ''3101(b)''.
1986 -- Pub. L. 99-576 substituted ''the insured's'' for ''his''.
38 USC 1909. Effective date of insurance
TITLE 38 -- VETERANS' BENEFITS
Insurance may be made effective, as specified in the application, not
later than the first day of the calendar month following the date of
application therefor, but the United States shall not be liable
thereunder for death occurring before such effective date.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1149, 709; renumbered
1909, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 709 of this title as this
section.
38 USC 1910. Incontestability
TITLE 38 -- VETERANS' BENEFITS
Subject to the provisions of section 1911 of this title all contracts
or policies of insurance heretofore or hereafter issued, reinstated, or
converted shall be incontestable from the date of issue, reinstatement,
or conversion except for fraud, nonpayment of premium, or on the ground
that the applicant was not a member of the military or naval forces of
the United States. However, in any case in which a contract or policy
of insurance is canceled or voided after March 16, 1954, because of
fraud, the Secretary shall refund to the insured, if living, or, if
deceased, to the person designated as beneficiary (or if none survives,
to the estate of the insured) all money, without interest, paid as
premiums on such contract or policy for any period subsequent to two
years after the date such fraud induced the Secretary to issue,
reinstate, or convert such insurance less any dividends, loan, or other
payment made to the insured under such contract or policy.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1149, 710; renumbered
1910 and amended Pub. L. 102-83, 4(a)(2)(A)(iii)(II), (b)(1), (2)(E),
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 710 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1911'' for ''711''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' before ''shall''.
Pub. L. 102-83, 4(a)(2)(A)(iii)(II), substituted ''Secretary'' for
''Veterans' Administration'' before ''to issue''.
38 USC 1911. Forfeiture
TITLE 38 -- VETERANS' BENEFITS
Any person guilty of mutiny, treason, spying, or desertion, or who,
because of conscientious objections, refuses to perform service in the
Armed Forces of the United States or refuses to wear the uniform of such
force, shall forfeit all rights to National Service Life Insurance. No
insurance shall be payable for death inflicted as a lawful punishment
for crime or for military or naval offense, except when inflicted by an
enemy of the United States; but the cash surrender value, if any, of
such insurance on the date of such death shall be paid to the designated
beneficiary, if living, or otherwise to the beneficiary or beneficiaries
within the permitted class in accordance with the order specified in
section 1916(b) of this title.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1150, 711; renumbered
1911 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
406.)
1991 -- Pub. L. 102-83 renumbered section 711 of this title as this
section and substituted ''1916(b)'' for ''716(b)''.
38 USC 1912. Total disability waiver
TITLE 38 -- VETERANS' BENEFITS
(a) Upon application by the insured and under such regulations as the
Secretary may promulgate, payment of premiums on insurance may be waived
during the continuous total disability of the insured, which continues
or has continued for six or more consecutive months, if such disability
began (1) after the date of the insured's application for insurance, (2)
while the insurance was in force under premium-paying conditions, and
(3) before the insured's sixty-fifth birthday. Notwithstanding any
other provision of this chapter, in any case in which the total
disability of the insured commenced on or after the insured's sixtieth
birthday but before the insured's sixty-fifth birthday, the Secretary
shall not grant waiver of any premium becoming due prior to January 1,
1965.
(b) The Secretary, upon any application made after August 1, 1947,
shall not grant waiver of any premium becoming due more than one year
before the receipt by the Secretary of application for the same, except
as provided in this section. Any premiums paid for months during which
waiver is effective shall be refunded. The Secretary shall provide by
regulations for examination or reexamination of an insured claiming
benefits under this section, and may deny benefits for failure to
cooperate. If it is found that an insured is no longer totally
disabled, the waiver of premiums shall cease as of the date of such
finding and the policy of insurance may be continued by payment of
premiums as provided in said policy. In any case in which the Secretary
finds that the insured's failure to make timely application for waiver
of premiums or the insured's failure to submit satisfactory evidence of
the existence or continuance of total disability was due to
circumstances beyond the insured's control, the Secretary may grant
waiver or continuance of waiver of premiums.
(c) If the insured dies without filing application for waiver, the
beneficiary, within one year after the death of the insured, or, if the
beneficiary is insane or a minor, within one year after removal of such
legal disability, may file application for waiver with evidence of the
insured's right to waiver under this section. Premium rates shall be
calculated without charge for the cost of waiver of premiums provided in
this section and no deduction from benefits otherwise payable shall be
made on account thereof.
(d) In any case in which an insured has been denied or would have
been denied premium waiver under section 602(n) of the National Service
Life Insurance Act of 1940 or this section solely because the insured
became totally disabled between the date of valid application for
insurance and the subsequent effective date thereof, and in which it is
shown that (1) the total disability was incurred in line of duty between
October 8, 1940, and July 31, 1946, inclusive, or June 27, 1950, and
April 30, 1951, inclusive, and (2) the insured remained continuously so
totally disabled to the date of death or June 8, 1960, whichever is
earlier, the Secretary may grant waiver of premiums from the beginning
of and during the continuous total disability of such insured.
Application for waiver of premiums under this subsection must be filed
by the insured or, in the event of the insured's death, by the
beneficiary within two years after June 8, 1960, except that if the
insured or the beneficiary be insane or a minor within the two-year
period, application for such waiver may be filed within two years after
removal of such legal disability, or if an insane insured shall die
before the removal of the disability, application may be filed by the
beneficiary within two years after the insured's death. No insurance
shall be placed in force under this subsection in any case in which
there was an award of benefits under the Servicemen's Indemnity Act of
1951 or of gratuitous insurance under section 1922(b) of this title.
The amount of insurance placed in force hereunder together with any
other United States Government life insurance or national service life
insurance in force at the time of death, or at the time of the insured's
application for waiver hereunder, may not exceed $10,000 and shall be
reduced by the amount of any gratuitous insurance awarded under the
National Service Life Insurance Act of 1940. Waiver of premiums under
this subsection shall render the insurance nonparticipating during the
period such premium waiver is in effect. The cost of waiver of premium
and death benefits paid as a result of this subsection shall be borne by
the United States.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1150, 712; Pub. L.
86-497, June 8, 1960, 74 Stat. 164; Pub. L. 88-364, July 7, 1964, 78
Stat. 302; Pub. L. 97-295, 4(23), Oct. 12, 1982, 96 Stat. 1306; Pub.
L. 99-576, title VII, 701(25), Oct. 28, 1986, 100 Stat. 3292;
renumbered 1912 and amended Pub. L. 102-83, 4(a)(2)(C)(ii), (b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
The Servicemen's Indemnity Act of 1951, referred to in subsec. (d),
is act Apr. 25, 1951, ch. 39, pt. I, 65 Stat. 33, as amended, which
was classified generally to subchapter II ( 851 et seq.) of chapter 13
of former Title 38, Pensions, Bonuses, and Veterans' Relief, and was
repealed by act Aug. 1, 1956, ch. 873, title V, 502(9), 70 Stat.
886.
The National Service Life Insurance Act of 1940, referred to in
subsec. (d), is act Oct. 8, 1940, ch. 757, title VI, pt. I, 601 to
623, 54 Stat. 1008, as amended, which was classified generally to
subchapter I ( 801 to 824) of chapter 13 of former Title 38, Pensions,
Bonuses, and Veterans' Relief, and which was repealed by Pub. L.
85-857, 14(75), Sept. 2, 1958, 72 Stat. 1272, and the provisions
thereof reenacted generally as this subchapter by the first section of
Pub. L. 85-857 which enacted Title 38, Veterans' Benefits. Section
602(n) of the 1940 Act, also referred to in subsec. (d), is covered by
this section.
1991 -- Pub. L. 102-83, 5(a), renumbered section 712 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places.
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in four places.
Pub. L. 102-83, 4(a)(2)(C)(ii), substituted ''by the Secretary'' for
''in the Veterans' Administration''.
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''1922(b)'' for
''722(b)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
1986 -- Subsecs. (a), (b), (d). Pub. L. 99-576 substituted ''the
insured's'' for ''his'' wherever appearing, and ''the insured'' for
''he'' in first sentence of subsec. (d).
1982 -- Subsec. (d). Pub. L. 97-295 substituted ''June 8, 1960'' for
''the date of enactment of this subsection'' in two places.
1964 -- Subsec. (a). Pub. L. 88-364 extended from age 60 to age 65
the age before which a person must become totally disabled to be
eligible for waiver of premiums, and provided that where total
disability commenced on or after the 60th birthday but before the 65th,
the Administrator shall not waive premiums becoming due prior to Jan.
1, 1965.
1960 -- Subsec. (d). Pub. L. 86-497 added subsec. (d).
Pub. L. 88-364 provided that the amendment made by Pub. L. 88-364 is
effective Jan. 1, 1965.
38 USC 1913. Death before six months' total disability
TITLE 38 -- VETERANS' BENEFITS
Whenever premiums are not waived under section 1912 of this title
solely because the insured died prior to the continuance of total
disability for six months, and proof of such facts, satisfactory to the
Secretary, is filed by the beneficiary with the Department within one
year after the insured's death, the insurance shall be deemed to be in
force at the date of the death, and the unpaid premiums shall become a
lien against the proceeds of the insurance. If the beneficiary is
insane or a minor, proof of such facts may be filed within one year
after removal of such legal disability.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1150, 713; Pub. L.
99-576, title VII, 701(26), Oct. 28, 1986, 100 Stat. 3292; renumbered
1913 and amended Pub. L. 102-83, 4(a)(3), (4), (b)(1), (2)(E), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 713 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1912'' for ''712''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
1986 -- Pub. L. 99-576 substituted ''the'' for ''his'' in three
places.
38 USC 1914. Statutory total disabilities
TITLE 38 -- VETERANS' BENEFITS
Without prejudice to any other cause of disability, the permanent
loss of the use of both feet, of both hands, or of both eyes, or of one
foot and one hand, or of one foot and one eye, or of one hand and one
eye, or the total loss of hearing of both ears, or the organic loss of
speech, shall be deemed total disability for insurance purposes.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1151, 714; renumbered
1914, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 714 of this title as this
section.
38 USC 1915. Total disability income provision
TITLE 38 -- VETERANS' BENEFITS
The Secretary shall, except as hereinafter provided, upon application
by the insured and proof of good health satisfactory to the Secretary
and payment of such extra premium as the Secretary shall prescribe,
include in any National Service Life Insurance policy on the life of the
insured (except a policy issued under section 620 of the National
Service Life Insurance Act of 1940, or section 1922 of this title)
provisions whereby an insured who is shown to have become totally
disabled for a period of six consecutive months or more commencing after
the date of such application and before attaining the age of sixty-five
and while the payment of any premium is not in default, shall be paid
monthly disability benefits from the first day of the seventh
consecutive month of and during the continuance of such total disability
of $10 for each $1,000 of such insurance in effect when such benefits
become payable. The total disability provision authorized under this
section shall not be issued unless application therefor is made either
prior to the insured's fifty-fifth birthday, or before the insured's
sixtieth birthday and prior to January 1, 1966. The total disability
provision authorized under this section shall not be added to a policy
containing the total disability coverage heretofore issued under section
602(v) of the National Service Life Insurance Act of 1940, or the
provisions of this section as in effect before January 1, 1965, except
upon surrender of such total disability coverage, proof of good health,
if required, satisfactory to the Secretary, and payment of such extra
premium as the Secretary shall determine is required in such cases.
Participating policies containing additional provisions for the payment
of disability benefits may be separately classified for the purpose of
dividend distribution from otherwise similar policies not containing
such benefits.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1151, 715; Pub. L.
88-355, July 7, 1964, 78 Stat. 272; renumbered 1915 and amended Pub.
L. 102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406.)
Section 620 of the National Service Life Insurance Act of 1940,
referred to in text, is section 620 of act Oct. 8, 1940, ch. 757,
title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt. II, 10, 65
Stat. 36, which enacted section 821 of former Title 38, Pensions,
Bonuses, and Veterans' Relief, and which was repealed and the provisions
thereof reenacted as section 722 (now 1922) of this title by Pub. L.
85-857, Sept. 2, 1958, 72 Stat. 1105.
Section 602(v) of the National Service Life Insurance Act of 1940,
referred to in text, is section 602(v) of act Oct. 8, 1940, ch. 757,
title VI, pt. I, 54 Stat. 1009, which enacted section 802(v) of former
Title 38, Pensions, Bonuses, and Veterans' Relief, and which was
repealed and the provisions thereof reenacted as this section and
section 721 (now 1921) of this title by Pub. L. 85-857, Sept. 2, 1958,
72 Stat. 1105.
1991 -- Pub. L. 102-83, 5(a), renumbered section 715 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1922'' for ''722''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
1964 -- Pub. L. 88-355 authorized issuance of total disability
income provisions to provide coverage to age 65 instead of to age 60,
provided that said provisions shall not be issued unless application
therefor is made either prior to the insured's 55th birthday, or before
the insured's 60th birthday and prior to Jan. 1, 1966, and inserted
''or the provisions of this section as in effect before January 1,
1965'' before ''except upon surrender'', and ''if required'' after
''proof of good health.''
Pub. L. 88-355 provided that the amendment made by Pub. L. 88-355 is
effective Jan. 1, 1965.
38 USC 1916. Insurance which matured before August 1, 1946
TITLE 38 -- VETERANS' BENEFITS
(a) Insurance which matured before August 1, 1946, is payable in the
following manner:
(1) If the beneficiary to whom payment is first made was under thirty
years of age at the time of maturity, in two hundred and forty equal
monthly installments.
(2) If the beneficiary to whom payment is first made was thirty or
more years of age at the time of maturity, in equal monthly installments
for one hundred and twenty months certain, with such payments continuing
during the remaining lifetime of such beneficiary.
(3) If elected by the insured or a beneficiary entitled to make such
an election under prior provisions of law, as a refund life income in
monthly installments payable for such period certain as may be required
in order that the sum of the installments certain, including a last
installment of such reduced amount as may be necessary, shall equal the
face value of the contract, less any indebtedness, with such payments
continuing throughout the lifetime of the first beneficiary. A refund
life income optional settlement is not available in any case in which
such settlement would result in payments of installments over a shorter
period than one hundred and twenty months. If the mode of payment is
changed to a refund life income in accordance with prior provisions of
law, after payment has commenced, payment of monthly installments will
be adjusted as of the date of maturity of such policy with credit being
allowed for payments previously made on the insurance.
(b) Such insurance shall be payable only to a widow, widower, child,
parent, brother or sister of the insured. Any installments certain of
such insurance remaining unpaid at the death of any beneficiary shall be
paid in equal monthly installments in an amount equal to the monthly
installments paid to the first beneficiary, to the person or persons
then in being within the following classes, and in the order named,
unless designated by the insured in a different order:
(1) To the widow or widower of the insured, if living.
(2) If no widow or widower, to the child or children of the insured,
if living, in equal shares.
(3) If no widow, widower, or child, to the parent or parents of the
insured who last bore that relationship, if living, in equal shares.
(4) If no widow, widower, child, or parent, to the brothers and
sisters of the insured, if living, in equal shares.
(c) The provisions of this section shall not be construed to enlarge
the classes of beneficiaries heretofore authorized under section 602(d)
of the National Service Life Insurance Act of 1940, for payment of
gratuitous insurance.
(d) If no beneficiary of insurance which matured before August 1,
1946, was designated by the insured or if the designated beneficiary did
not survive the insured, the beneficiary shall be determined in
accordance with the order specified in subsection (b) and the insurance
shall be payable in equal monthly installments in accordance with
subsection (a). The right of any beneficiary to payment of any
installments of such insurance shall be conditioned upon his or her
being alive to receive such payments. No person shall have a vested
right to any installment or installments of any such insurance and any
installments not paid to a beneficiary during such beneficiary's
lifetime shall be paid to the beneficiary or beneficiaries within the
permitted class next entitled to priority, as provided in subsection
(b).
(e) No installments of insurance which matured before August 1, 1946,
shall be paid to the heirs or legal representatives as such of the
insured or of any beneficiary, and if no person within the permitted
class survives to receive the insurance or any part thereof no payment
of the unpaid installments shall be made, except that if the reserve of
a contract of converted National Service Life Insurance, together with
dividends accumulated thereon, less any indebtedness under such
contract, exceeds the aggregate amount paid to beneficiaries, the excess
shall be paid to the estate of the insured unless the estate of the
insured would escheat under the laws of the insured's place of
residence, in which event no payment shall be made. When the amount of
an individual monthly payment of such insurance is less than $5, such
amount may, in the discretion of the Secretary, be allowed to accumulate
without interest and be disbursed annually.
(f) Any payments of insurance made to a person, represented by the
insured to be within the permitted class of beneficiaries, shall be
deemed to have been properly made and to satisfy fully the obligation of
the United States under such insurance policy to the extent of such
payments.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1151, 716; Pub. L.
99-576, title VII, 701(27), Oct. 28, 1986, 100 Stat. 3292; renumbered
1916 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406; Pub. L. 102-86, title V, 506(a)(2), Aug. 14, 1991,
105 Stat. 426.)
Section 602(d) of the National Service Life Insurance Act of 1940,
referred to in subsec. (c), is section 602(d) of act Oct. 8, 1940, ch.
757, title VI, pt. I, 54 Stat. 1009, which enacted section 802(d) of
former Title 38, Pensions, Bonuses, and Veterans' Relief, and which was
omitted in the general revision and reenactment of this title by Pub.
L. 85-857, Sept. 2, 1958, 72 Stat. 1105.
1991 -- Pub. L. 102-83, 5(a), renumbered section 716 of this title
as this section.
Subsec. (b). Pub. L. 102-86 amended subsec. (b) of this section as
in effect before the redesignations made by Pub. L. 102-83, 5, by
substituting ''unpaid'' for ''upaid''.
Subsec. (e). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1986 -- Subsec. (e). Pub. L. 99-576 substituted ''the insured's''
for ''his''.
38 USC 1917. Insurance maturing on or after August 1, 1946
TITLE 38 -- VETERANS' BENEFITS
(a) The insured shall have the right to designate the beneficiary or
beneficiaries of insurance maturing on or after August 1, 1946, and
shall, subject to regulations, at all times have the right to change the
beneficiary or beneficiaries of such insurance without the consent of
such beneficiary or beneficiaries.
(b) Insurance maturing on or after August 1, 1946, shall be payable
in accordance with the following optional modes of settlement:
(1) In one sum.
(2) In equal monthly installments of from thirty-six to two hundred
and forty in number, in multiples of twelve.
(3) In equal monthly installments for one hundred and twenty months
certain with such payments continuing during the remaining lifetime of
the first beneficiary.
(4) As a refund life income in monthly installments payable for such
period certain as may be required in order that the sum of the
installments certain, including a last installment of such reduced
amount as may be necessary, shall equal the face value of the contract,
less any indebtedness, with such payments continuing throughout the
lifetime of the first beneficiary; however, such optional settlement
shall not be available in any case in which such settlement would result
in payments of installments over a shorter period than one hundred and
twenty months.
(c) Except as provided in the second and third sentences of this
subsection, unless the insured elects some other mode of settlement,
such insurance shall be payable to the designated beneficiary or
beneficiaries in thirty-six equal monthly installments. The first
beneficiary may elect to receive payment under any option which provides
for payment over a longer period of time than the option elected by the
insured, or if no option has been elected by the insured, in excess of
thirty-six months. In the case of insurance maturing after September
30, 1981, and for which no option has been elected by the insured, the
first beneficiary may elect to receive payment in one sum. If the
option selected requires payment to any one beneficiary of monthly
installments of less than $10, the amount payable to such beneficiary
shall be paid in such maximum number of monthly installments as are a
multiple of twelve as will provide a monthly installment of not less
than $10. If the present value of the amount payable at the time any
person initially becomes entitled to payment thereof is not sufficient
to pay at least twelve monthly installments of not less than $10 each,
such amount shall be payable in one sum. Options (3) and (4) shall not
be available if any firm, corporation, legal entity (including the
estate of the insured), or trustee is beneficiary.
(d) If the beneficiary of such insurance is entitled to a lump-sum
settlement but elects some other mode of settlement and dies before
receiving all the benefits due and payable under such mode of
settlement, the present value of the remaining unpaid amount shall be
payable to the estate of the beneficiary. If no beneficiary is
designated by the insured, or if the designated beneficiary does not
survive the insured, or if a designated beneficiary not entitled to a
lump-sum settlement survives the insured, and dies before receiving all
the benefits due and payable, then the commuted value of the remaining
unpaid insurance (whether accrued or not) shall be paid in one sum to
the estate of the insured. In no event shall there be any payment to
the estate of the insured or of the beneficiary of any sums unless it is
shown that any sums paid will not escheat.
(e) Under such regulations as the Secretary may promulgate, the cash
surrender value of any policy of insurance or the proceeds of an
endowment contract which matures by reason of completion of the
endowment period may be paid to the insured under option (2) or (4) of
this section. All settlements under option (4), however, shall be
calculated on the basis of The Annuity Table for 1949. If the option
selected requires payment of monthly installments of less than $10, the
amount payable shall be paid in such maximum number of monthly
installments as are a multiple of twelve as will provide a monthly
installment of not less than $10.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1152, 717; Pub. L.
91-291, 10, June 25, 1970, 84 Stat. 331; Pub. L. 97-66, title IV,
403(a), Oct. 17, 1981, 95 Stat. 1031; renumbered 1917 and amended Pub.
L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83 renumbered section 717 of this title as this
section and substituted ''Secretary'' for ''Administrator'' in subsec.
(e).
1981 -- Subsec. (c). Pub. L. 97-66 substituted ''Except as provided
in the second and third sentences of this subsection, unless'' for
''Unless'' and inserted provision that, in the case of insurance
maturing after September 30, 1981, and for which no option has been
elected by the insured, the first beneficiary may elect to receive
payment in one sum.
1970 -- Subsec. (c). Pub. L. 91-291 struck out provision that
options (3) and (4) were not available in cases where the endowment
contract matured by reason of the completion of the endowment period.
Subsec. (e). Pub. L. 91-291 added subsec. (e).
Amendment by Pub. L. 97-66 effective Oct. 17, 1981, see section
701(b)(1) of Pub. L. 97-66, set out as a note under section 1114 of
this title.
Amendment by Pub. L. 91-291 effective first day of first calendar
month which begins more than six calendar months after June 25, 1970,
see section 14(a) of Pub. L. 91-291, set out as a note under section
1317 of this title.
38 USC 1918. Assignments
TITLE 38 -- VETERANS' BENEFITS
(a) Assignments of all or any part of the beneficiary's interest may
be made by a designated beneficiary to a widow, widower, child, father,
mother, grandfather, grandmother, brother, or sister of the insured,
when the designated contingent beneficiary, if any, joins the
beneficiary in the assignment, and if the assignment is delivered to the
Secretary before any payments of the insurance shall have been made to
the beneficiary. However, an interest in an annuity, when assigned,
shall be payable in equal monthly installments in such multiple of
twelve as most nearly equals the number of installments certain under
such annuity, or in two hundred and forty installments, whichever is the
lesser. The provisions of this subsection shall not be applicable to
insurance maturing after July 26, 1962.
(b) Except as to insurance granted under the provisions of section
1922(b) of this title, any person to whom insurance maturing after July
26, 1962, is payable may assign all or any portion of such person's
interest in such insurance to a widow, widower, child, father, mother,
grandfather, grandmother, brother, or sister of the insured when the
designated contingent beneficiary, if any, joins the beneficiary in the
assignment. Such joinder shall not be required in any case in which the
insurance proceeds are payable in a lump sum.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1153, 718; Pub. L.
87-557, 1, July 27, 1962, 76 Stat. 245; Pub. L. 96-128, title III,
304, Nov. 28, 1979, 93 Stat. 986; Pub. L. 97-295, 4(24), Oct. 12,
1982, 96 Stat. 1306; renumbered 1918 and amended Pub. L. 102-83,
4(a)(2)(A)(iii)(III), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403, 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 718 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(a)(2)(A)(iii)(III), substituted
''Secretary'' for ''Veterans' Administration''.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''1922(b)'' for
''722(b)''.
1982 -- Subsec. (a). Pub. L. 97-295 substituted ''after July 26,
1962'' for ''on or after the date of enactment of this sentence''.
Subsec. (b). Pub. L. 97-295 substituted ''after July 26, 1982,'' for
''on or after the date of enactment of this sentence''.
1979 -- Subsec. (b). Pub. L. 96-128 substituted ''such person's''
for ''his''.
1962 -- Pub. L. 87-557 designated existing provisions as subsec.
(a), inserted sentence making subsection inapplicable to insurance
maturing on or after ''the date of enactment of this sentence (July 27,
1962)'', and added subsec. (b).
Amendment by Pub. L. 96-128 effective Nov. 28, 1979, see section
601(b) of Pub. L. 96-128, set out as a note under section 1114 of this
title.
38 USC 1919. National Service Life Insurance appropriation
TITLE 38 -- VETERANS' BENEFITS
(a) The National Service Life Insurance appropriation is continued
and there is authorized to be appropriated, out of any money in the
Treasury not otherwise appropriated, such sums as may be necessary to
carry out the provisions of this chapter and the provisions heretofore
prescribed in the National Service Life Insurance Act of 1940, or
related Acts, for the payment of liabilities under National Service Life
Insurance. Payment from this appropriation shall be made upon and in
accordance with awards by the Secretary.
(b) All premiums heretofore and hereafter paid on insurance issued or
reinstated under sections 602(c)(2) and 602(v)(1) of the National
Service Life Insurance Act of 1940 where the requirement of good health
was waived under such sections because of a service-incurred injury or
disability shall be credited directly to the National Service Life
Insurance appropriation and any payments of benefits heretofore and
hereafter made on such insurance shall be made directly from such
appropriation.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1154, 719; Pub. L.
98-160, title VII, 702(5), Nov. 21, 1983, 97 Stat. 1009; renumbered
1919 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
The National Service Life Insurance Act of 1940, referred to in
subsec. (a), is act Oct. 8, 1940, ch. 757, title VI, part I, 54 Stat.
1008, as amended, which was classified generally to chapter 13 ( 801 et
seq.) of former Title 38, Pensions, Bonuses, and Veterans' Relief, and
which was repealed and the provisions thereof reenacted as this
subchapter by Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1105.
Sections 602(c)(2) and 602(v)(i) of the National Service Life
Insurance Act of 1940, referred to in subsec. (b), are sections
602(c)(2) and 602(v)(1) of act Oct. 8, 1940, ch. 757, title VI, pt.
I, 54 Stat. 1009, which enacted sections 802(c)(2) and 802(v)(1) of
former Title 38, Pensions, Bonuses, and Veterans' Relief, and which were
repealed and the provisions thereof reenacted as sections 719(b) (now
1919(b)) and 715 (now 1915), respectively, of this title by Pub. L.
85-857, Sept. 2, 1958, 72 Stat. 1105.
1991 -- Pub. L. 102-83 renumbered section 719 of this title as this
section and substituted ''Secretary'' for ''Administrator'' in subsec.
(a).
1983 -- Subsec. (b). Pub. L. 98-160 substituted ''sections'' for
''subsections'' after ''issued or reinstated under'' and after ''waived
under such''.
38 USC 1920. National Service Life Insurance Fund
TITLE 38 -- VETERANS' BENEFITS
(a) The National Service Life Insurance Fund heretofore created in
the Treasury is continued as a permanent trust fund. Except as
otherwise provided in this chapter, all premiums paid on account of
National Service Life Insurance shall be deposited and covered into the
Treasury to the credit of such fund, which, together with interest
earned thereon, shall be available for the payment of liabilities under
such insurance, including payment of dividends and refunds of unearned
premiums. Payments from this fund shall be made upon and in accordance
with awards by the Secretary.
(b) The Secretary is authorized to set aside out of such fund such
reserve amounts as may be required under accepted actuarial principles
to meet all liabilities under such insurance; and the Secretary of the
Treasury is authorized to invest and reinvest such fund, or any part
thereof, in interest-bearing obligations of the United States or in
obligations guaranteed as to principal and interest by the United
States, and to sell such obligations for the purposes of such fund.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1154, 720; renumbered
1920 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
1991 -- Pub. L. 102-83 renumbered section 720 of this title as this
section and substituted ''Secretary'' for ''Administrator'' in two
places.
38 USC 1921. Extra hazard costs
TITLE 38 -- VETERANS' BENEFITS
(a) The United States shall bear the excess mortality cost and the
cost of waiver of premiums on account of total disability traceable to
the extra hazard of military or naval service, as such hazard may be
determined by the Secretary.
(b) Whenever benefits under insurance become payable because of the
death of the insured as the result of disease or injury traceable to the
extra hazard of military or naval service, as such hazard may be
determined by the Secretary, the liability for payment of such benefits
shall be borne by the United States in an amount which, when added to
the reserve of the policy at the time of death of the insured will equal
the then value of such benefits under such policy. Where life
contingencies are involved in the calculation of the value of such
benefits of insurance heretofore or hereafter matured, the calculation
of such liability or liabilities shall be based upon such mortality
table or tables as the Secretary may prescribe with interest at the rate
of 3 per centum per annum. The Secretary shall transfer from time to
time from the National Service Life Insurance appropriation to the
National Service Life Insurance Fund such sums as may be necessary to
carry out the provisions of this section.
(c) Whenever the premiums under insurance are waived because of the
total disability of the insured as the result of disease or injury
traceable to the extra hazard of military or naval service, as such
hazard may be determined by the Secretary, the premiums so waived shall
be paid by the United States and the Secretary shall transfer from time
to time an amount equal to the amount of such premiums from the National
Service Life Insurance appropriation to the National Service Life
Insurance Fund.
(d) Whenever benefits under the total disability income provision
become, or have become, payable because of total disability of the
insured as a result of disease or injury traceable to the extra hazard
of the military or naval service, as such hazard may be determined by
the Secretary, the liability shall be borne by the United States, and
the Secretary shall transfer from the National Service Life Insurance
appropriation to the National Service Life Insurance Fund from time to
time any amounts which become, or have become, payable to the insured on
account of such total disability, and to transfer from the National
Service Life Insurance Fund to the National Service Life Insurance
appropriation the amount of the reserve held on account of the total
disability benefit. When a person receiving such payments on account of
total disability recovers from such disability, and is then entitled to
continue protection under the total disability income provision, the
Secretary shall transfer to the National Service Life Insurance Fund a
sum sufficient to set up the then required reserve on such total
disability benefit.
(e) Any disability for which a waiver was required as a condition to
tendering a person a commission under Public Law 816, Seventy-seventh
Congress, shall be deemed to be a disability resulting from an injury or
disease traceable to the extra hazard of military or naval service for
the purpose of applying this section.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1154, 721; renumbered
1921 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
Public Law 816, Seventy-seventh Congress, referred to in subsec.
(e), is act Dec. 18, 1942, ch. 768, 1, 2, 56 Stat. 1066. Section 1
of that Act enacted section 853c-5 of former Title 34, Navy, and was
repealed by act July 9, 1952, ch. 608, pt. VIII, 803, 66 Stat. 505.
Section 2 of that Act enacted section 853c-6 of former Title 34, and was
omitted from the Code in the general revision and reenactment of Title
10, Armed Forces, by act Aug. 10, 1956, ch. 1041, 70A Stat. 1.
1991 -- Pub. L. 102-83 renumbered section 721 of this title as this
section and substituted ''Secretary'' for ''Administrator'' wherever
appearing in subsecs. (a) to (d).
38 USC 1922. Service disabled veterans' insurance
TITLE 38 -- VETERANS' BENEFITS
(a) Any person who is released from active military, naval, or air
service, under other than dishonorable conditions on or after April 25,
1951, and is found by the Secretary to be suffering from a disability or
disabilities for which compensation would be payable if 10 per centum or
more in degree and except for which such person would be insurable
according to the standards of good health established by the Secretary,
shall, upon application in writing made within two years from the date
service-connection of such disability is determined by the Secretary and
payment of premiums as provided in this subchapter, be granted insurance
by the United States against the death of such person occurring while
such insurance is in force. If such a person is shown by evidence
satisfactory to the Secretary to have been mentally incompetent during
any part of the two-year period, application for insurance under this
section may be filed within two years after a guardian is appointed or
within two years after the removal of such disability as determined by
the Secretary, whichever is the earlier date. If the guardian was
appointed or the removal of the disability occurred before January 1,
1959, application for insurance under this section may be made within
two years after that date. Insurance granted under this section shall
be issued upon the same terms and conditions as are contained in the
standard policies of National Service Life Insurance except (1) the
premium rates for such insurance shall be based on the Commissioners
1941 Standard Ordinary Table of Mortality and interest at the rate of 2
1/4 per centum per annum; (2) all cash, loan, paid-up, and extended
values shall be based upon the Commissioners 1941 Standard Ordinary
Table of Mortality and interest at the rate of 2 1/4 per centum per
annum; (3) all settlements on policies involving annuities shall be
calculated on the basis of The Annuity Table for 1949, and interest at
the rate of 2 1/4 per centum per annum; (4) insurance granted under
this section shall be on a nonparticipating basis and all premiums and
other collections therefor shall be credited directly to a revolving
fund in the Treasury of the United States, and any payments on such
insurance shall be made directly from such fund. Appropriations to such
fund are hereby authorized. As to insurance issued under this section,
waiver of premiums pursuant to section 602(n) of the National Service
Life Insurance Act of 1940 and section 1912 of this title shall not be
denied on the ground that the service-connected disability became total
before the effective date of such insurance.
(b)(1) Any person who, on or after April 25, 1951, was otherwise
qualified for insurance under the provisions of section 620 of the
National Service Life Insurance Act of 1940, or under subsection (a) of
this section, but who did not apply for such insurance and who is shown
by evidence satisfactory to the Secretary (A) to have been mentally
incompetent from a service-connected disability, (i) at the time of
release from active service, or (ii) during any part of the two-year
period from the date the service connection of a disability is first
determined by the Secretary, or (iii) after release from active service
but is not rated service-connected disabled by the Secretary until after
death; and (B) to have remained continuously so mentally incompetent
until date of death; and (C) to have died before the appointment of a
guardian, or within two years after the appointment of a guardian;
shall be deemed to have applied for and to have been granted such
insurance, as of the date of death, in an amount which, together with
any other United States Government or National Service life insurance in
force, shall aggregate $10,000. The date to be used for determining
whether such person was insurable according to the standards of good
health established by the Secretary, except for the service-connected
disability, shall be the date of release from active service or the date
the person became mentally incompetent, whichever is the later.
(2) Payments of insurance granted under subsection (b)(1) of this
section shall be made only to the following beneficiaries and in the
order named --
(A) to the widow or widower of the insured, if living and while
unremarried;
(B) if no widow or widower entitled thereto, to the child or children
of the insured, if living, in equal shares;
(C) if no widow or widower or child entitled thereto, to the parent
or parents of the insured who last bore that relationship, if living, in
equal shares.
(3) No application for insurance payments under this subsection shall
be valid unless filed with the Secretary within two years after the date
of death of the insured or before January 1, 1961, whichever is the
later, and the relationship of the applicant shall be proved as of the
date of death of the insured by evidence satisfactory to the Secretary.
Persons shown by evidence satisfactory to the Secretary to have been
mentally or legally incompetent at the time the right to apply for death
benefits expires, may make such application at any time within one year
after the removal of such disability.
(4) Notwithstanding the provisions of section 1917 of this title,
insurance under this subsection shall be payable to the beneficiary
determined under paragraph (2) of this subsection in a lump sum.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1155, 722; renumbered
1922 and amended Pub. L. 102-83, 4(a)(2)(A)(iii)(IV), (D)(i), (b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403-406; Pub. L. 102-86,
title II, 201(a), 202(a), Aug. 14, 1991, 105 Stat. 415, 416.)
Section 602(n) of the National Service Life Insurance Act of 1940,
referred to in subsec. (a), is section 602(n) of act Oct. 8, 1940, ch.
757, title VI, pt. I, 54 Stat. 1009, which enacted section 802(n) of
former Title 38, Pensions, Bonuses, and Veterans' Relief, and which was
repealed and the provisions thereof reenacted as section 712 (now 1912)
of this title by Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1105.
Section 620 of the National Service Life Insurance Act of 1940,
referred to in subsec. (b)(1), is section 620 of act Oct. 8, 1940, ch.
757, title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt. II, 10,
65 Stat. 36, which enacted section 821 of former Title 38, Pensions,
Bonuses, and Veterans' Relief, and which was repealed and the provisions
thereof reenacted as this section by Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1105.
1991 -- Pub. L. 102-83, 5(a), renumbered section 722 of this title
as this section.
Subsec. (a). Pub. L. 102-86, 201(a), amended subsec. (a) of this
section as in effect before the redesignations made by Pub. L. 102-83,
5, by substituting ''two years'' for ''one year'' wherever appearing
and ''two-year'' for ''one-year''.
Pub. L. 102-83, 5(c)(1), substituted ''1912'' for ''712''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in four places.
Pub. L. 102-83, 4(a)(2)(A)(iii)(IV), substituted ''Secretary'' for
''Veterans' Administration'' after first reference to ''determined by
the''.
Subsec. (b)(1). Pub. L. 102-86, 201(a), amended subsec. (b)(1) of
this section as in effect before the redesignations made by Pub. L.
102-83, 5, by substituting ''two-year'' for ''one-year'' and ''two
years'' for ''one year''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in two places.
Pub. L. 102-83, 4(a)(2)(A)(iii)(IV), substituted ''Secretary'' for
''Veterans' Administration'' in two places.
Subsec. (b)(3). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places.
Pub. L. 102-83, 4(a)(2)(D)(i), substituted ''with the Secretary''
for ''in the Veterans' Administration''.
Subsec. (b)(4). Pub. L. 102-86, 202(a)(1), amended subsec. (b) of
this section as in effect before the redesignations made by Pub. L.
102-83, 5, by amending par. (4) generally. Prior to amendment, par.
(4) read as follows: ''Notwithstanding the provisions of section 717 of
this title, insurance under this subsection shall be payable at the
election of the first beneficiary in 240 equal monthly installments or
under the options specified in section 717(b)(3) or (4) of this title.
Any installments certain of insurance remaining unpaid at the death of
any beneficiary shall be paid in equal monthly installments in an amount
equal to the monthly installments paid to the first beneficiary, to the
person or persons then in being within the classes specified in
subsection (b)(2) of this section and in the order named.''
Pub. L. 102-83, 5(c)(1), amended par. (4) as amended by Pub. L.
102-86, 202(a)(1), by substituting ''1917'' for ''717''. See above.
Subsec. (b)(5). Pub. L. 102-86, 202(a)(2), amended subsec. (b) of
this section as in effect before the redesignations by Pub. L. 102-83,
5, by striking out par. (5) which read as follows: ''The right of any
beneficiary to payment of any installments shall be conditioned upon his
or her being alive to receive such payments. No person shall have a
vested right to any installment or installments of any such insurance
and any installments not paid to a beneficiary during such beneficiary's
lifetime shall be paid to the beneficiary or beneficiaries within the
permitted class next entitled to priority, as provided in subsection
(b)(2) of this section. No installments of such insurance shall be paid
to the heirs or legal representatives as such of the insured or of any
beneficiary, and if no person within the permitted class survives to
receive the insurance or any part thereof no payment of the unpaid
installments shall be made.''
Section 201(b) of Pub. L. 102-86 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply with respect
to any person who, on or after September 1, 1991, is found by the
Secretary of Veterans Affairs to be eligible for insurance under section
722 (now 1922) of title 38, United States Code.''
Section 202(b) of Pub. L. 102-86 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply with respect
to deaths occurring before, on, or after the date of the enactment of
this Act (Aug. 14, 1991). In the case of insurance under section 722(b)
(now 1922(b)) of title 38, United States Code, payable by reason of a
death before the date of the enactment of this Act, the Secretary shall
pay the remaining balance of such insurance in a lump sum as soon as
practicable after the date of the enactment of this Act.''
Assignment of insurance granted under subsec. (b) of this section
excepted from general assignment provisions, see section 1918(b) of this
title.
38 USC 1922A. Supplemental service disabled veterans' insurance for
totally disabled veterans
TITLE 38 -- VETERANS' BENEFITS
(a) Any person insured under section 1922(a) of this title who
qualifies for a waiver of premiums under section 1912 of this title is
eligible, as provided in this section, for supplemental insurance in an
amount not to exceed $20,000.
(b) To qualify for supplemental insurance under this section a person
must file with the Secretary an application for such insurance not later
than the end of (1) the one-year period beginning on the first day of
the first month following the month in which this section is enacted, or
(2) the one-year period beginning on the date that the Department
notifies the person that the person is entitled to a waiver of premiums
under section 1912 of this title, whichever is later.
(c) Supplemental insurance granted under this section shall be
granted upon the same terms and conditions as insurance granted under
section 1922(a) of this title, except that such insurance may not be
granted to a person under this section unless the application is made
for such insurance before the person attains 65 years of age.
(d) No waiver of premiums shall be made in the case of any person for
supplemental insurance granted under this section.
(Added Pub. L. 102-568, title II, 203(a), Oct. 29, 1992, 106 Stat.
4324.)
The month in which this section is enacted, referred to in subsec.
(b), is October of 1992.
Section 205 of title II of Pub. L. 102-568 provided that: ''The
amendments made by this title (enacting this section and amending
sections 1967, 1977, and 2106 of this title) shall take effect on
December 1, 1992.''
38 USC 1923. Veterans' Special Life Insurance
TITLE 38 -- VETERANS' BENEFITS
(a) Insurance heretofore granted under the provisions of section 621
of the National Service Life Insurance Act of 1940, against the death of
the policyholder occurring while such insurance is in force, is subject
to the same terms and conditions as are contained in standard policies
of National Service Life Insurance on the five-year level premium term
plan except (1) such insurance may not be exchanged for or converted to
insurance on any other plan; (2) the premium rates for such insurance
shall be based on the Commissioners 1941 Standard Ordinary Table of
Mortality and interest at the rate of 2 1/4 per centum per annum; (3)
all settlements on policies involving annuities shall be calculated on
the basis of The Annuity Table for 1949, and interest at the rate of 2
1/4 per centum per annum; (4) all premiums and other collections on
such insurance and any total disability provisions added thereto shall
be credited to a revolving fund in the Treasury of the United States,
which, together with interest earned thereon, shall be available for the
payment of liabilities under such insurance and any total disability
provisions added thereto, including payments of dividends and refunds of
unearned premiums.
(b) Any term insurance heretofore issued under section 621 of the
National Service Life Insurance Act of 1940, may be converted to a
permanent plan of insurance or exchanged for a policy of limited
convertible five-year level premium term insurance issued under this
subsection. Insurance issued under this subsection shall be issued upon
the same terms and conditions as are contained in the standard policies
of National Service Life Insurance except (1) after September 1, 1960,
limited convertible term insurance may not be issued or renewed on the
term plan after the insured's fiftieth birthday; (2) the premium rates
for such limited convertible term or permanent plan insurance shall be
based on table X-18 (1950-54 Intercompany Table of Mortality) and
interest at the rate of 2 1/2 per centum per annum; (3) all settlements
on policies involving annuities on insurance issued under this
subsection shall be calculated on the basis of The Annuity Table for
1949, and interest at the rate of 2 1/2 per centum per annum; (4) all
cash, loan, paid-up, and extended values, and, except as otherwise
provided in this subsection, all other calculations in connection with
insurance issued under this subsection shall be based on table X-18
(1950-54 Intercompany Table of Mortality) and interest at the rate of 2
1/2 per centum per annum; (5) all premiums and other collections on
insurance issued under this subsection and any total disability income
provisions added thereto shall be credited directly to the revolving
fund referred to in subsection (a) of this section, which together with
interest earned thereon, shall be available for the payment of
liabilities under such insurance and any total disability provisions
added thereto, including payments of dividends and refunds of unearned
premiums.
(c) The Secretary is authorized to invest in, and the Secretary of
the Treasury is authorized to sell and retire, special interest-bearing
obligations of the United States for the account of the revolving fund
with a maturity date as may be agreed upon by the two Secretaries. The
rate of interest on such obligations shall be fixed by the Secretary of
the Treasury at a rate equal to the rate of interest, computed as of the
end of the month preceding the date of issue of such obligations, borne
by all marketable interest-bearing obligations of the United States then
forming a part of the public debt that are not due or callable until
after the expiration of five years from the date of original issue;
except that where such average rate is not a multiple of one-eighth of 1
per centum, the rate of interest of such obligations shall be the
multiple of one-eighth of 1 per centum nearest such average rate.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1157, 723; Pub. L.
85-896, Sept. 2, 1958, 72 Stat. 1716; Pub. L. 87-223, Sept. 13, 1961,
75 Stat. 495; Pub. L. 93-289, 2(a), May 24, 1974, 88 Stat. 165;
renumbered 1923 and amended Pub. L. 102-83, 4(b)(1), (2)(C), (E),
5(a), Aug. 6, 1991, 105 Stat. 404-406.)
Section 621 of the National Service Life Insurance Act of 1940,
referred to in subsecs. (a) and (b), is section 621 of act Oct. 8,
1940, ch. 757, title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt.
II, 10, 65 Stat. 36, which enacted section 822 of former Title 38,
Pensions, Bonuses, and Veterans' Relief, and which was repealed and the
provisions thereof reenacted as this section by Pub. L. 85-857, Sept.
2, 1958, 72 Stat. 1105.
1991 -- Pub. L. 102-83, 5(a), renumbered section 723 of this title
as this section.
Subsec. (c). Pub. L. 102-83, 4(b)(2)(C), substituted ''two
Secretaries'' for ''Administrator and Secretary''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' after ''The''.
1974 -- Pub. L. 93-289, 2(a)(1), substituted ''Veterans' Special
Life Insurance'' for ''Veterans' special term insurance'' in section
catchline.
Subsec. (a). Pub. L. 93-289, 2(a)(2), substituted ''all premiums and
other collections on such insurance and any total disability provisions
added thereto shall be credited to a revolving fund in the Treasury of
the United States, which, together with interest earned thereof, shall
be available for the payment of liabilities under such insurance and any
total disability provisions added thereto, including payments of
dividends and refunds of unearned premiums'' for ''such insurance and
any total disability provision added thereto shall be on a
nonparticipating basis and all premiums and other collections therefor
shall be credited to a revolving fund in the Treasury of the United
States and the payments on such term insurance and any total disability
provision added thereto shall be made directly from such fund'' in cl.
(4).
Subsec. (b). Pub. L. 93-289, 2(a)(3), substituted ''all premiums and
other collections on insurance issued under this subsection and any
total disability income provisions added thereto shall be credited
directly to the revolving fund referred to in subsection (a) of this
section, which together with interest earned thereon, shall be available
for the payment of liabilities under such insurance and any total
disability provisions added thereto, including payments of dividends and
refunds of unearned premiums'' for ''insurance and any total disability
provision added thereto issued under this subsection shall be on a
nonparticipating basis and all premiums and other collections therefor
shall be credited directly to the revolving fund referred to in
subsection (a) and payments on such insurance and any total disability
provision added thereto shall be made directly from such fund'' in cl.
(5).
Subsecs. (d), (e). Pub. L. 93-289, 2(a)(4), repealed subsecs. (d)
and (e) which related to the payment of dividends from the excess funds
in the revolving fund, and to the transfer of funds from the revolving
fund to general fund receipts in the Treasury.
1961 -- Subsecs. (d), (e). Pub. L. 87-223 added subsecs. (d) and
(e).
1958 -- Subsec. (b). Pub. L. 85-896, 1(2), added subsec. (b).
Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 85-896, 1(1), redesignated former subsec. (b)
as (c) and substituted ''equal to the rate of interest, computed as of
the end of the month preceding the date of issue of such obligations,
borne by all marketable interest-bearing obligations of the United
States then forming a part of the public debt that are not due or
callable until after the expiration of five years from the date of
original issue; except that where such average rate is not a multiple
of one-eighth of 1 per centum, the rate of interest of such obligations
shall be the multiple of one-eighth of 1 per centum nearest such average
rate'' for ''not exceeding the average interest rate on all marketable
obligations of the United States Treasury outstanding as of the end of
the month preceding the date of issue of this special obligation''.
Section 12(1) of Pub. L. 93-289 provided that: ''The amendments
made by section 2 (amending this section), relating to Veterans' Special
Life Insurance, shall become effective upon the date of enactment of
this Act (May 24, 1974) except that no dividend on such insurance shall
be paid prior to January 1, 1974.''
38 USC 1924. In-service waiver of premiums
TITLE 38 -- VETERANS' BENEFITS
(a) Waiver of all premiums on five-year level premium term insurance
and that portion of any permanent insurance premiums representing the
cost of the pure insurance risk, as determined by the Secretary, granted
on National Service Life Insurance or United States Government life
insurance under section 622 of the National Service Life Insurance Act
of 1940 and in effect on January 1, 1959, shall, unless canceled,
continue in effect according to the provisions of such section for the
remainder of the insured's continuous active service and for one hundred
and twenty days thereafter. Such premium waiver renders the contract of
insurance nonparticipating during the period the waiver is in effect.
(b) Whenever benefits become payable because of the maturity of such
insurance while under the premium waiver continued by this section,
liability for payment of such benefits shall be borne by the United
States in an amount which, when added to any reserve of the policy at
the time of maturity, will equal the then value of such benefits under
such policy. Where life contingencies are involved in the calculation
of the value of such benefits, the calculation of such liability or
liabilities shall be based upon such mortality table or tables as the
Secretary may prescribe with interest at the rate of 2 1/4 per centum
per annum as to insurance issued under sections 620 and 621 of the
National Service Life Insurance Act of 1940, at the rate of 3 per centum
per annum as to other National Service Life Insurance, and 3 1/2 per
centum per annum as to United States Government life insurance. The
Secretary shall transfer from time to time from the National Service
Life Insurance appropriation to the National Service Life Insurance Fund
and from the military and naval insurance appropriation to the United
States Government Life Insurance Fund such sums as may be necessary to
carry out the provisions of this section.
(c) In any case in which insurance continued in force under this
section matures on or after January 1, 1972, an amount equal to the
amount of premiums, less dividends, waived on and after that date shall
be placed as an indebtedness against the insurance and, unless otherwise
paid, shall be deducted from the proceeds. In such case, the liability
of the Government under subsection (b) of this section shall be reduced
by the amount so deducted from the proceeds.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1157, 724; Pub. L.
92-197, 7, Dec. 15, 1971, 85 Stat. 662; renumbered 1924 and amended
Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.
404-406.)
Section 622 of the National Service Life Insurance Act of 1940,
referred to in subsec. (a), is section 622 of act Oct. 8, 1940, ch.
757, title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt. II, 10,
65 Stat. 36, which enacted section 823 of former Title 38, Pensions,
Bonuses, and Veterans' Relief, and which was repealed and the provisions
thereof reenacted as this section by Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1105.
Sections 620 and 621 of the National Service Life Insurance Act of
1940, referred to in subsec. (b), are sections 620 and 621 of act Oct.
8, 1940, ch. 757, title VI, pt. I, as added Apr. 25, 1951, ch. 39,
pt. II, 10, 65 Stat. 36, which enacted sections 821 and 822 of former
Title 38, Pensions, Bonuses, and Veterans' Relief, and which were
repealed and reenacted as sections 722 and 723 (now 1922 and 1923),
respectively, of this title by Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1105.
1991 -- Pub. L. 102-83 renumbered section 724 of this title as this
section and substituted ''Secretary'' for ''Administrator'' wherever
appearing in subsecs. (a) and (b).
1971 -- Subsec. (c). Pub. L. 92-197 added subsec. (c).
Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10
of Pub. L. 92-197, set out as a note under section 1311 of this title.
38 USC 1925. Limited period for acquiring insurance
TITLE 38 -- VETERANS' BENEFITS
(a) Any person (other than a person referred to in subsection (f) of
this section) heretofore eligible to apply for National Service Life
Insurance after October 7, 1940, and before January 1, 1957, who is
found by the Secretary to be suffering (1) from a service-connected
disability or disabilities for which compensation would be payable if 10
percent or more in degree and except for which such person would be
insurable according to the standards of good health established by the
Secretary; or (2) from a non-service-connected disability which renders
such person uninsurable according to the standards of good health
established by the Secretary and such person establishes to the
satisfaction of the Secretary that such person is unable to obtain
commercial life insurance at a substandard rate, shall, upon application
in writing made before May 2, 1966, compliance with the health
requirements of this section and payment of the required premiums, be
granted insurance under this section.
(b) If, notwithstanding the applicant's service-connected disability,
such person is insurable according to the standards of good health
established by the Secretary, the insurance granted under this section
shall be issued upon the same terms and conditions as are contained in
the standard policies of National Service Life Insurance except (1)
five-year level premium term insurance may not be issued; (2) the net
premium rates shall be based on the 1958 Commissioners Standard Ordinary
Basic Mortality Table, increased at the time of issue by such an amount
as the Secretary determines to be necessary for sound actuarial
operations, and thereafter such premiums may be adjusted as the
Secretary determines to be so necessary but at intervals of not less
than two years; (3) an additional premium to cover administrative costs
to the Government as determined by the Secretary at times of issue shall
be charged for insurance issued under this subsection and for any total
disability income provision attached thereto, and thereafter such costs
may be adjusted as the Secretary determines to be necessary but at
intervals of not less than five years; (4) all cash, loan, extended and
paid-up insurance values shall be based on the 1958 Commissioners
Standard Ordinary Basic Mortality Table; (5) all settlements on
policies involving annuities shall be calculated on the basis of The
Annuity Table for 1949; (6) all calculations in connection with
insurance issued under this subsection shall be based on interest at the
rate of 3 1/2 percent per annum; and (7) the insurance shall include
such other changes in terms and conditions as the Secretary determines
to be reasonable and practicable.
(c) If the applicant's service-connected disability or disabilities
render the applicant uninsurable according to the standards of good
health established by the Secretary, or if the applicant has a
non-service-connected disability which renders the applicant uninsurable
according to the standards of good health established by the Secretary
and such person establishes to the satisfaction of the Secretary that
such person is unable to obtain commercial life insurance at a
substandard rate and such uninsurability existed as of the date of
approval of this section, the insurance granted under this section shall
be issued upon the same terms and conditions as are contained in
standard policies of National Service Life Insurance, except (1)
five-year level premium term insurance may not be issued; (2) the
premiums charged for the insurance issued under this subsection shall be
increased at the time of issue by such an amount as the Secretary
determines to be necessary for sound actuarial operations and thereafter
such premiums may be adjusted from time to time as the Secretary
determines to be necessary; for the purpose of any increase at time of
issue or later adjustment the service-connected group and the
non-service-connected group may be separately classified; (3) an
additional premium to cover administrative costs to the Government as
determined by the Secretary at the time of issue shall be charged for
insurance issued under this subsection and for any total disability
income provision attached thereto (for which the insured may
subsequently become eligible) and thereafter such costs may be adjusted
as the Secretary determines to be necessary but at intervals of not less
than five years and for this purpose the service-connected and
non-service-connected can be separately classified; (4) all settlements
on policies involving annuities shall be calculated on the basis of The
Annuity Table for 1949; (5) all calculations in connection with
insurance issued under this subsection shall be based on interest at the
rate of 3 1/2 percent per annum; and (6) the insurance shall include
such other changes in terms and conditions as the Secretary determines
to be reasonable and practicable.
(d)(1) All premiums and collections on insurance issued pursuant to
this section and any total disability income provision attached thereto
shall be credited to the Veterans Reopened Insurance Fund, a revolving
fund established in the Treasury of the United States, and all payments
on such insurance and any total disability provision attached thereto,
including payments of dividends and refunds of unearned premiums, shall
be made from that fund and the interest earned on the assets of that
fund. For actuarial and accounting purposes, the assets and liabilities
(including liabilities for repayment of advances hereinafter authorized,
and adjustment of premiums) attributable to the insured groups
established under this section shall be separately determined. Such
amounts in the Veterans Special Term Insurance Fund in the Treasury, not
exceeding $1,650,000 in the aggregate, as may hereafter be determined by
the Secretary to be in excess of the actuarial liabilities of that fund,
including contingency reserves, shall be available for transfer to the
Veterans Reopened Insurance Fund as needed to provide initial capital.
Any amounts so transferred shall be repaid to the Treasury over a
reasonable period of time with interest as determined by the Secretary
of the Treasury taking into consideration the average yield on all
marketable interest-bearing obligations of the United States of
comparable maturities then forming a part of the public debt.
(2) The Secretary is authorized to set aside out of the revolving
fund established under this section such reserve amounts as may be
required under accepted actuarial principles to meet all liabilities on
insurance issued under this section and any total disability income
provision attached thereto. The Secretary of the Treasury is authorized
to invest in and to sell and retire special interest-bearing obligations
of the United States for the account of the revolving fund. Such
obligations issued for this purpose shall have maturities fixed with due
regard for the needs of the fund and shall bear interest at a rate equal
to the average market yield (computed by the Secretary of the Treasury
on the basis of market quotations as of the end of the calendar month
next preceding the date of issue) on all marketable interest-bearing
obligations of the United States then forming a part of the public debt
which are not due or callable until after the expiration of four years
from the end of such calendar month; except that where such average
market yield is not a multiple of one-eighth of 1 percent, the rate of
interest of such obligation shall be the multiple of one-eighth of 1
percent nearest such market yield.
(3) Notwithstanding the provisions of section 1982 of this title, the
Secretary shall, from time to time, determine the administrative costs
to the Government which in the Secretary's judgment are properly
allocable to insurance issued under this section and any total
disability income provision attached thereto, and shall transfer from
the revolving fund, the amount of such cost allocable to the Department
to the appropriation ''General Operating Expenses, Department of
Veterans Affairs'', and the remainder of such cost to the general fund
receipts in the Treasury. The initial administrative costs of issuing
insurance under this section and any total disability income provision
attached thereto shall be so transferred over such period of time as the
Secretary determines to be reasonable and practicable.
(e) Notwithstanding the provisions of section 1982 of this title, a
medical examination (including any supplemental examination or tests)
when required of an applicant for issuance of insurance under this
section or any total disability income provisions attached thereto shall
be at the applicant's own expense by a duly licensed physician.
(f) No insurance shall be granted under this section to any person
referred to in section 107 of this title or to any person while on
active duty or active duty for training under a call or order to such
duty for a period of thirty-one days or more.
(Added Pub. L. 88-664, 12(a), Oct. 13, 1964, 78 Stat. 1096, 725;
amended Pub. L. 89-40, June 14, 1965, 79 Stat. 130; Pub. L. 96-128,
title III, 301, Nov. 28, 1979, 93 Stat. 985; Pub. L. 97-295, 4(25),
Oct. 12, 1982, 96 Stat. 1306; Pub. L. 99-576, title VII, 701(28), Oct.
28, 1986, 100 Stat. 3292; renumbered 1925 and amended Pub. L. 102-83,
4(a)(2)(B)(ii), (3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991,
105 Stat. 403-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 725 of this title
as this section.
Subsecs. (a) to (c). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''1982'' for
''782'' in par. (3).
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' and ''Secretary's'' for ''Administrator's'' wherever
appearing in pars. (1) to (3).
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for first
reference to ''Veterans' Administration'' in par. (3).
Pub. L. 102-83, 4(a)(2)(B)(ii), substituted ''Department of Veterans
Affairs'' for second reference to ''Veterans' Administration'' in par.
(3).
Subsec. (e). Pub. L. 102-83, 5(c)(1), substituted ''1982'' for
''782''.
1986 -- Subsecs. (a), (b). Pub. L. 99-576, 701(28)(A), substituted
''such person'' for ''he''.
Subsec. (c). Pub. L. 99-576, 701(28)(A), (B), substituted ''the
applicant'' for ''him'' in two places, and ''such person'' for ''he''.
Subsec. (d)(3). Pub. L. 99-576, 701(28)(C), substituted ''the
Administrator's'' for ''his''.
1982 -- Subsec. (a). Pub. L. 97-295, 4(25), substituted ''percent''
for ''per centum'', and substituted ''before May 2, 1966'' for ''within
one year after the effective date of this section''.
Subsecs. (b), (c), (d)(2). Pub. L. 97-295, 4(25)(A), substituted
''percent'' for ''per centum'' wherever appearing.
1979 -- Subsec. (b). Pub. L. 96-128, 301(a), struck out cl. (8)
which required the insurance and any attached total disability income
provision to be on a nonparticipatory basis.
Subsec. (c). Pub. L. 96-128, 301(b), struck out cl. (4) which
required the insurance and any attached total disability income
provision to be on a nonparticipatory basis, and redesignated former
cls. (5) to (7) as (4) to (6), respectively.
Subsec. (d)(1). Pub. L. 96-128, 301(c), inserted provisions
respecting payments of dividends and refunds of unearned premiums from
the fund, and interest earned on the assets of the fund.
1965 -- Subsec. (b). Pub. L. 89-40, 1(1), struck out provision from
cl. (8) which called for all premiums and other collections for
insurance granted under this section to be credited to a revolving fund
established in the Treasury of the United States and for payment on such
insurance or total disability income provisions to be made directly from
that fund.
Subsec. (c). Pub. L. 89-40, 1(2), struck out cl. (8) which provided
that all premiums and other collections on the insurance and any total
disability income provision attached thereto should be credited to the
National Service Life Insurance appropriation, and the payments on such
insurance and total disability income provisions should be made directly
from such appropriations, and struck out sentence which authorized
necessary appropriations.
Subsec. (d)(1). Pub. L. 89-40, 1(3), struck out provisions
authorizing appropriations to carry out the purposes of subsec. (b) of
this section by adding to the revolving fund as needed at interest to be
determined by the Secretary of the Treasury, and substituted therefor
provisions requiring credit to Veterans Reopened Insurance Fund of all
premiums and collections on insurance issued pursuant to this section
and disbursements from that fund of all payments on insurance and total
disability provisions attached thereto, separate determination for
actuarial purposes of the various insured groups under this section,
transfer to fund from Veterans Special Term Insurance Fund to provide
initial capital of excess funds not exceeding $1,650,000, and repayment
over a reasonable time at interest to be determined by the Secretary of
the Treasury.
Subsec. (d)(2). Pub. L. 89-40, 1(4), struck out reference to subsec.
(b) of this section.
Subsec. (d)(3). Pub. L. 89-40, 1(5), struck out reference to
National Service Life Insurance appropriation.
Amendment by Pub. L. 96-128 effective Nov. 28, 1979, see section
601(b) of Pub. L. 96-128, set out as a note under section 1114 of this
title.
Pub. L. 89-40 provided that the amendment made by Pub. L. 89-40 is
effective May 1, 1965.
Section 12(d) of Pub. L. 88-664 provided that: ''The amendments
made by this section (enacting this section and amending section 704
(now 1904) of this title) shall take effect as of the first day of the
first calendar month which begins more than six calendar months after
the date of enactment of this Act (Oct. 13, 1964).''
38 USC 1926. Authority for higher interest rates for amounts payable
to beneficiaries
TITLE 38 -- VETERANS' BENEFITS
Notwithstanding sections 1902, 1923, and 1925 of this title, if the
beneficiary of an insurance policy receives the proceeds of such policy
under a settlement option under which such proceeds are paid in equal
monthly installments over a limited period of months, the interest that
may be added to each such installment may be at a rate that is higher
than the interest rate prescribed in the appropriate section of this
subchapter. The Secretary may from time to time establish a higher
interest rate under the preceding sentence only in accordance with a
determination that such higher rate is administratively and actuarially
sound for the program of insurance concerned. Any such higher interest
rate shall be paid on the unpaid balance of such monthly installments.
(Added Pub. L. 96-128, title III, 302(a), Nov. 28, 1979, 93 Stat.
986, 726; renumbered 1926 and amended Pub. L. 102-83, 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 726 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1902, 1923, and 1925'' for
''702, 723, and 725''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Section effective Nov. 28, 1979, see section 601(b) of Pub. L.
96-128, set out as an Effective Date of 1979 Amendment note under
section 1114 of this title.
38 USC 1927. Authority for higher monthly installments payable to
certain annuitants
TITLE 38 -- VETERANS' BENEFITS
(a) Subject to subsections (b) and (c) of this section, the Secretary
may from time to time adjust the dollar amount of the monthly
installments payable to a beneficiary of National Service Life
Insurance, Veterans Special Life Insurance, or Veterans Reopened
Insurance who is receiving the proceeds of such insurance under a life
annuity settlement option. The Secretary may make such an adjustment
only if the Secretary determines that the adjustment is administratively
and actuarially sound for the program of insurance concerned. The
Secretary may make such an adjustment without regard to the provisions
of sections 1902, 1923, and 1925 of this title with respect to interest
rates and the use of mortality tables.
(b) The Secretary shall determine the amount in the trust funds in
the Treasury held for payment of proceeds to National Service Life
Insurance, Veterans Special Life Insurance, and Veterans Reopened
Insurance beneficiaries attributable to interest and mortality gains on
the reserves held for annuity accounts. Such amount shall be available
for distribution to the life annuitants referred to in subsection (a) of
this section as a fixed percentage of, and in addition to, the monthly
installment amount to which the annuitants are entitled under this
subchapter. For the purposes of this section, gains on the reserves are
defined as funds attributable solely to annuity accounts that are in
excess of actuarial liabilities.
(c) The monthly amount of an annuity authorized in sections 1902,
1923, and 1925 of this title, as adjusted under this section, may not be
less than the monthly amount of such annuity that would otherwise be
applicable without regard to this section.
(Added Pub. L. 100-322, title III, 331(a)(1), May 20, 1988, 102
Stat. 536, 727; renumbered 1927 and amended Pub. L. 102-83,
4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 727 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1902, 1923, and
1925'' for ''702, 723, and 725''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''1902, 1923, and
1925'' for ''702, 723, and 725''.
38 USC 1928. Authority for payment of interest on settlements
TITLE 38 -- VETERANS' BENEFITS
(a) Subject to subsection (b) of this section, the Secretary may pay
interest on the proceeds of a participating National Service Life
Insurance, Veterans' Special Life Insurance, and Veterans Reopened
Insurance policy from the date the policy matures to the date of payment
of the proceeds to the beneficiary or, in the case of an endowment
policy, to the policyholder.
(b)(1) The Secretary may pay interest under subsection (a) of this
section only if the Secretary determines that the payment of such
interest is administratively and actuarially sound for the settlement
option involved.
(2) Interest paid under subsection (a) of this section shall be at
the rate that is established by the Secretary for dividends held on
credit or deposit in policyholders' accounts under the insurance program
involved.
(Added Pub. L. 100-687, div. B, title XIV, 1401(a)(1), Nov. 18,
1988, 102 Stat. 4128, 728; renumbered 1928 and amended Pub. L.
102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83 renumbered section 728 of this title as this
section and substituted ''Secretary'' for ''Administrator'' wherever
appearing.
Section 1401(a)(3) of Pub. L. 100-687 provided that: ''The
amendments made by this subsection (enacting this section and section
763 (now 1963) of this title) shall take effect with respect to
insurance policies maturing after the date of the enactment of this Act
(Nov. 18, 1988).''
38 USC 1929. Authority to adjust premium discount rates
TITLE 38 -- VETERANS' BENEFITS
(a) Notwithstanding sections 1902, 1923, and 1925 of this title and
subject to subsection (b) of this section, the Secretary may from time
to time adjust the discount rates for premiums paid in advance on
National Service Life Insurance, Veterans' Special Life Insurance, and
Veterans Reopened Insurance.
(b)(1) In adjusting a discount rate pursuant to subsection (a) of
this section, the Secretary may not set such rate at a rate lower than
the rate authorized for the program of insurance involved under section
1902, 1923, or 1925 of this title.
(2) The Secretary may make an adjustment under subsection (a) of this
section only if the Secretary determines that the adjustment is
administratively and actuarially sound for the program of insurance
involved.
(Added Pub. L. 100-687, div. B, title XIV, 1401(b)(1), Nov. 18,
1988, 102 Stat. 4129, 729; renumbered 1929 and amended Pub. L.
102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 729 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1902, 1923, and 1925'' for
''702, 723, and 725'' in subsec. (a) and ''1902, 1923, or 1925'' for
''702, 723, or 725'' in subsec. (b)(1).
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Section 1401(b)(2) of Pub. L. 100-687 provided that: ''The
amendment made by paragraph (1) (enacting this section) shall take
effect with respect to premiums paid after the date of the enactment of
this Act (Nov. 18, 1988).''
38 USC SUBCHAPTER II -- UNITED STATES GOVERNMENT LIFE INSURANCE
TITLE 38 -- VETERANS' BENEFITS
38 USC 1940. Definition
TITLE 38 -- VETERANS' BENEFITS
For the purposes of this subchapter, the term ''insurance'' means
United States Government life insurance.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1158, 740; renumbered
1940, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 740 of this title as this
section.
38 USC 1941. Amount of insurance
TITLE 38 -- VETERANS' BENEFITS
United States Government life insurance shall be issued against death
or total permanent disability in any multiple of $500 and not less than
$1,000 or more than $10,000. No person may carry a combined amount of
National Service Life Insurance and United States Government life
insurance in excess of $10,000 at any one time. The limitations of this
section shall not apply to the additional paid up insurance the purchase
of which is authorized under section 1907 of this title.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1158, 741; Pub. L.
92-188, 1, Dec. 15, 1971, 85 Stat. 645; renumbered 1941 and amended
Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 741 of this title as this
section and substituted ''1907'' for ''707''.
1971 -- Pub. L. 92-188 made section limitations inapplicable to the
additional paid up insurance purchase of which is authorized under
section 707 of this title.
Amendment by Pub. L. 92-188 effective on date established by
Administrator but in no event later than first day of first calendar
month beginning more than six calendar months after Dec. 15, 1971, see
section 4 of Pub. L. 92-188, set out as a note under section 1907 of
this title.
38 USC 1942. Plans of insurance
TITLE 38 -- VETERANS' BENEFITS
(a) Regulations shall provide for the right to convert insurance on
the five-year level premium term plan into ordinary life, twenty-payment
life, endowment maturing at age sixty-two, and into other usual forms of
insurance as may be prescribed by the Secretary. Provision shall be
made for reconversion of any such policies to a higher premium rate or,
upon proof of good health satisfactory to the Secretary, to a lower
premium rate, in accordance with regulations to be issued by the
Secretary. No reconversion shall be made to a five-year level premium
term policy.
(b) An insured who on or after the insured's sixty-fifth birthday has
a five-year level premium term policy of insurance in force by payment
of premiums may exchange such policy for insurance on a special
endowment at age ninety-six plan upon written application; payment of
the required premium; and surrender of the five-year level premium term
policy and any total disability provision attached thereto with all
rights, title, and interests thereunder. However, if it is found by the
Secretary subsequent to the exchange that prior thereto the term policy
matured because of total permanent disability of the insured or that the
insured was entitled to total disability benefits under the total
disability provision attached to such policy, the insured, upon
surrender of the special endowment at age ninety-six policy and any
provision for waiver of premiums issued under subsection (c) of this
section with all rights, title, and interest thereunder, will be
entitled to benefits payable under the prior contract. In such case,
the cash value less any indebtedness on the endowment policy shall be
refunded together with any premiums paid on a provision for waiver of
premiums. Insurance on the special endowment at age ninety-six plan
shall be issued at the attained age of the insured upon the same terms
and conditions as are contained in standard policies of United States
Government Life Insurance except:
(1) the insurance shall not mature and no benefits shall be paid
thereunder because of total permanent disability;
(2) the premiums for such insurance shall be as prescribed by the
Secretary;
(3) such insurance cannot be exchanged, converted, or reconverted to
any other plan of insurance;
(4) all cash, loan, paid-up, and extended term insurance values shall
be as prescribed by the Secretary; and
(5) the insurance shall be subject to such other changes in terms and
conditions as the Secretary determines to be reasonable and practicable.
(c) The Secretary shall, upon application made by the insured at the
same time as the insured exchanges the term policy for an endowment
policy issued under the provisions of subsection (b) of this section,
and upon payment of such extra premium as the Secretary shall prescribe,
include in such endowment policy a provision for waiver of premiums on
the policy and on the provision during the total permanent disability of
the insured, if such disability began after the date of such application
and while the policy and the provision are in force by payment of
premiums. The Secretary shall not grant waiver of any premium becoming
due more than one year before receipt by the Secretary of claim for the
same, except as provided in this subsection. Any premiums paid for
months during which waiver is effective shall be refunded. The
Secretary shall provide by regulations for examination or reexamination
of an insured claiming waiver of premiums under this subsection, and may
deny waiver for failure to cooperate. If it is found that an insured is
no longer totally and permanently disabled, the waiver of premiums shall
cease as of the date of such finding and the policy and provision may be
continued by payment of premiums as provided therein. In any case in
which the Secretary finds that the insured's failure to make timely
claim for waiver of premiums, or to submit satisfactory evidence of the
existence or continuance of total permanent disability was due to
circumstances beyond the insured's control, the Secretary may grant
waiver or continuance of waiver of premiums. If the insured dies
without filing claim for waiver, the beneficiary, within one year after
the death of the insured, or, if the beneficiary is insane or a minor,
within one year after removal of such legal disability, may file claim
for waiver with evidence of the insured's right to waiver under this
subsection. Policies containing a provision for waiver of premiums
issued under this subsection may be separately classified for the
purpose of dividend distribution from otherwise similar policies not
containing such provision.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1158, 742; Pub. L.
87-549, July 25, 1962, 76 Stat. 219; Pub. L. 99-576, title VII,
701(29), Oct. 28, 1986, 100 Stat. 3292; renumbered 1942 and amended
Pub. L. 102-83, 4(a)(2)(C)(iii), (b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 742 of this title
as this section.
Subsecs. (a), (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (c). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Pub. L. 102-83, 4(a)(2)(C)(iii), substituted ''by the Secretary''
for ''in the Veterans' Administration''.
1986 -- Subsec. (b). Pub. L. 99-576, 701(29)(A), substituted ''the
insured's'' for ''his'' and ''the insured'' for ''he''.
Subsec. (c). Pub. L. 99-576, 701(29)(B), substituted ''the insured''
for ''he'', ''the term'' for ''his term'', and ''the insured's control''
for ''his control'', and struck out ''his failure'' before ''to
submit''.
1962 -- Pub. L. 87-549 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
38 USC 1943. Premiums
TITLE 38 -- VETERANS' BENEFITS
The premium rates for insurance shall be the net rates based upon the
American Experience Table of Mortality and interest at 3 1/2 percent per
annum. Regulations shall prescribe the time and method of payment of
premiums, but payments of premiums in advance shall not be required for
periods of more than one month each, and may be deducted from the pay or
deposit of the insured or be otherwise made at the insured's election.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1158, 743; Pub. L.
97-295, 4(26), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 99-576, title
VII, 701(30), Oct. 28, 1986, 100 Stat. 3293; renumbered 1943, Pub.
L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 743 of this title as this
section.
1986 -- Pub. L. 99-576 substituted ''the insured's'' for ''his''.
1982 -- Pub. L. 97-295 substituted ''percent'' for ''per centum''.
38 USC 1944. Policy provisions
TITLE 38 -- VETERANS' BENEFITS
(a) Provisions for maturity at certain ages, for continuous
installments during the lifetime of the insured or beneficiaries, or
both, for refund of premiums, cash, loan, paid-up and extended values,
dividends from gains and savings, and such other provisions for the
protection and advantage of and for alternative benefits to the insured
and the beneficiaries as may be found to be reasonable and practicable
may be provided for in insurance contracts or from time to time by
regulations.
(b) All calculations on insurance shall be based upon the American
Experience Table of Mortality and interest at 3 1/2 percent per annum,
except that no deduction shall be made for continuous installments
during the life of the insured in case the insured's total and permanent
disability continues more than two hundred and forty months.
(c) On and after July 19, 1939, the rate of interest charged on any
loan secured by a lien on insurance shall not exceed 5 percent per
annum.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1158, 744; Pub. L.
97-295, 4(26), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 99-576, title
VII, 701(30), Oct. 28, 1986, 100 Stat. 3293; renumbered 1944, Pub.
L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 744 of this title as this
section.
1986 -- Subsec. (b). Pub. L. 99-576 substituted ''the insured's''
for ''his''.
1982 -- Subsecs. (b), (c). Pub. L. 97-295 substituted ''percent''
for ''per centum''.
38 USC 1945. Renewal
TITLE 38 -- VETERANS' BENEFITS
At the expiration of any term period any insurance policy issued on
the five-year level premium term plan which has not been exchanged or
converted to a permanent plan of insurance and which is not lapsed shall
be renewed as level premium term insurance without application for a
successive five-year period at the premium rate for the attained age
without medical examination. However, renewal shall be effected in
cases where the policy is lapsed only if the insured makes application
for reinstatement and renewal of the insured's term policy within five
years after the date of lapse, and reinstatement in such cases shall be
under the terms and conditions prescribed by the Secretary.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1159, 745; Pub. L.
91-291, 11, June 25, 1970, 84 Stat. 331; Pub. L. 99-576, title VII,
701(30), Oct. 28, 1986, 100 Stat. 3293; renumbered 1945 and amended
Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.
404-406.)
1991 -- Pub. L. 102-83 renumbered section 745 of this title as this
section and substituted ''Secretary'' for ''Administrator''.
1986 -- Pub. L. 99-576 substituted ''the insured's'' for ''his''.
1970 -- Pub. L. 91-291 struck out effective date provision for
renewal of policies, provisions that, in case of lapsed policies, such
lapse have occurred within two months before the expiration of the term
period, special provisions for the interim period between July 23, 1953
and December 31, 1953, and provisions that the section take effect on
Sept. 2, 1958, and required that the insurer make application for
reinstatement and renewal of his term policy within five years after the
date of the lapse.
Amendment by Pub. L. 91-291 effective June 25, 1970, see section
14(a) of Pub. L. 91-291, set out as a note under section 1317 of this
title.
38 USC 1946. Dividends to pay premiums
TITLE 38 -- VETERANS' BENEFITS
Until and unless the Secretary has received from the insured a
request in writing for payment of dividends in cash or that the
dividends be placed on deposit in accordance with the provisions of the
insured's policy, any regular annual dividends shall be applied in
payment of premiums becoming due on insurance after the date the
dividend is payable on or after December 31, 1958.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1159, 746; Pub. L.
99-576, title VII, 701(30), Oct. 28, 1986, 100 Stat. 3293; renumbered
1946 and amended Pub. L. 102-83, 4(a)(2)(A)(iii)(V), 5(a), Aug. 6,
1991, 105 Stat. 403, 406.)
1991 -- Pub. L. 102-83 renumbered section 746 of this title as this
section and substituted ''Secretary'' for ''Veterans' Administration''.
1986 -- Pub. L. 99-576 substituted ''the insured's'' for ''his''.
38 USC 1947. Incontestability
TITLE 38 -- VETERANS' BENEFITS
Subject to the provisions of section 1954 of this title all contracts
or policies of insurance heretofore or hereafter issued, reinstated, or
converted shall be incontestable from the date of issuance,
reinstatement, or conversion, except for fraud, nonpayment of premiums,
or on the ground that the applicant was not a member of the military or
naval forces of the United States. The insured under such contract or
policy may, without prejudicing the insured's rights, elect to make
claim to the Department or to bring suit under section 1984 of this
title on any prior contract or policy, and if found entitled thereto,
shall, upon surrender of any subsequent contract or policy, be entitled
to payments under the prior contract or policy. In any case in which a
contract or policy of insurance is canceled or voided after March 16,
1954, because of fraud, the Secretary shall refund to the insured, if
living, or, if deceased, to the person designated as beneficiary (or if
none survives, to the estate of the insured) all money, without
interest, paid as premiums on such contract or policy for any period
subsequent to two years after the date such fraud induced the Secretary
to issue, reinstate, or convert such insurance less any dividends, loan,
or other payment made to the insured under such contract or policy.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1159, 747; Pub. L.
99-576, title VII, 701(30), Oct. 28, 1986, 100 Stat. 3293; renumbered
1947 and amended Pub. L. 102-83, 4(a)(2)(A)(iii)(VI), (3), (4),
(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 747 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1954'' for ''754'' and
''1984'' for ''784''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' before ''shall'' in last sentence.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Pub. L. 102-83, 4(a)(2)(A)(iii)(VI), substituted ''Secretary'' for
''Veterans' Administration'' before ''to issue'' in last sentence.
1986 -- Pub. L. 99-576 substituted ''the insured's'' for ''his''.
38 USC 1948. Total disability provision
TITLE 38 -- VETERANS' BENEFITS
The Secretary shall include in United States Government life
insurance policies provision whereby an insured, who is totally disabled
as a result of disease or injury for a period of four consecutive months
or more before attaining the age of sixty-five years and before default
in payment of any premium, shall be paid disability benefits at the rate
of $5.75 monthly for each $1,000 of insurance in force when total
disability benefits become payable. The amount of such monthly payment
under the provisions of this section shall not be reduced because of
payment of permanent and total disability benefits under the insurance
policy. Such payments shall be effective as of the first day of the
fifth consecutive month, and shall be made monthly during the
continuance of such total disability. Such payments shall be concurrent
with or independent of permanent and total disability benefits under the
insurance policy. In addition to the monthly disability benefits the
payment of premiums on the life insurance and for the total disability
benefits authorized by this section shall be waived during the
continuance of such total disability. Regulations shall provide for
reexaminations of beneficiaries under this section; and, in the event
that it is found that an insured is no longer totally disabled, the
waiver of premiums and payment of benefits shall cease and the insurance
policy, including the total disability provision, may be continued by
payment of premiums as provided in said policy and the total disability
provision. Neither the dividends nor the amount payable in any
settlement under any United States Government life insurance policy
shall be decreased because of disability benefits granted under the
provisions of this section. The payment of total disability benefits
shall not prejudice the right of any insured, who is totally and
permanently disabled, to permanent and total disability benefits under
the insured's insurance policy. The provision authorized by this
section shall not be included in any United States Government life
insurance policy heretofore or hereafter issued, except upon
application, payment of premium by the insured, and proof of good health
satisfactory to the Secretary. The benefit granted under this section
shall be on the basis of multiples of $500, and not less than $1,000 or
more than the amount of insurance in force at time of application. The
Secretary shall determine the amount of the monthly premium to cover the
benefits of this section, and in order to continue such benefits in
force the monthly premiums shall be payable until the insured attains
the age of sixty-five years or until the prior maturity of the policy.
In all other respects such monthly premium shall be payable under the
same terms and conditions as the regular monthly premium on the United
States Government life insurance policy.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1159, 748; Pub. L.
97-295, 4(27), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 99-576, title
VII, 701(30), Oct. 28, 1986, 100 Stat. 3293; renumbered 1948 and
amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.
404-406.)
1991 -- Pub. L. 102-83 renumbered section 748 of this title as this
section and substituted ''Secretary'' for ''Administrator'' wherever
appearing.
1986 -- Pub. L. 99-576 substituted ''the insured's'' for ''his''.
1982 -- Pub. L. 97-295 substituted ''premium'' for ''permium'' after
''payment of''.
38 USC 1949. Change of beneficiary
TITLE 38 -- VETERANS' BENEFITS
Subject to regulations, the insured shall at all times have the right
to change the beneficiary or beneficiaries of a United States Government
life insurance policy without the consent of such beneficiary or
beneficiaries.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1160, 749; renumbered
1949, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 749 of this title as this
section.
38 USC 1950. Payment to estates
TITLE 38 -- VETERANS' BENEFITS
If no beneficiary of insurance is designated by the insured, either
while alive or by last will, or if the designated beneficiary does not
survive the insured, then there shall be paid to the estate of the
insured the present value of the remaining unpaid monthly installments.
If the designated beneficiary survives the insured and dies before
receiving all of the installments of insurance payable and applicable,
then there shall be paid to the estate of such beneficiary the present
value of the remaining unpaid monthly installments. No payments shall
be made to any estate which under the laws of the residence of the
insured or the beneficiary, as the case may be, would escheat, but same
shall escheat to the United States and be credited to the United States
Government Life Insurance Fund.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1160, 750; Pub. L.
99-576, title VII, 701(31), Oct. 28, 1986, 100 Stat. 3293; renumbered
1950, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 750 of this title as this
section.
1986 -- Pub. L. 99-576 substituted ''while alive or by last will''
for ''in his lifetime or by his last will and testament''.
38 USC 1951. Payment of insurance
TITLE 38 -- VETERANS' BENEFITS
United States Government life insurance, except as provided in this
subchapter, shall be payable in two hundred and forty equal monthly
installments. When the amount of an individual monthly payment is less
than $5, such amount may in the discretion of the Secretary be allowed
to accumulate without interest and be disbursed annually.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1161, 751; renumbered
1951 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
1991 -- Pub. L. 102-83 renumbered section 751 of this title as this
section and substituted ''Secretary'' for ''Administrator''.
38 USC 1952. Optional settlement
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary may provide in insurance contracts for optional
settlements, to be selected by the insured, whereby such insurance may
be made payable either in one sum or in installments for thirty-six
months or more. A provision may also be included in such contracts
authorizing the beneficiary to elect to receive payment of the insurance
in installments for thirty-six months or more, but only if the insured
has not exercised the right of election as provided in this subchapter.
Even though the insured may have exercised the right of election the
beneficiary may elect to receive such insurance in installments spread
over a greater period of time than that selected by the insured.
Notwithstanding any provision to the contrary in any insurance contract,
the beneficiary may, in the case of insurance maturing after September
30, 1981, and for which the insured has not exercised the right of
election of the insured as provided in this subchapter, elect to receive
payment of the insurance in one sum.
(b) Under such regulations as the Secretary may promulgate, the cash
surrender value of any policy of insurance or the proceeds of an
endowment contract which matures by reason of completion of the
endowment period may be paid to the insured (1) in equal monthly
installments of from thirty-six to two hundred and forty in number, in
multiples of twelve; or (2) as a refund life income in monthly
installments payable for such periods certain as may be required in
order that the sum of the installments certain, including a last
installment of such reduced amount as may be necessary, shall equal the
cash value of the contract, less any indebtedness, with such payments
continuing throughout the lifetime of the insured. However, all
settlements under option (2) above shall be calculated on the basis of
The Annuity Table for 1949. If the option selected requires payment of
monthly installments of less than $10, the amount payable shall be paid
in such maximum number of monthly installments as are a multiple of
twelve as will provide a monthly installment of not less than $10.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1161, 752; Pub. L.
91-291, 12, June 25, 1970, 84 Stat. 332; Pub. L. 97-66, title IV,
403(b), Oct. 17, 1981, 95 Stat. 1031; Pub. L. 99-576, title VII,
701(32), Oct. 28, 1986, 100 Stat. 3293; renumbered 1952 and amended
Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.
404-406.)
1991 -- Pub. L. 102-83 renumbered section 752 of this title as this
section and substituted ''Secretary'' for ''Administrator'' in subsecs.
(a) and (b).
1986 -- Subsec. (a). Pub. L. 99-576 substituted ''the right'' for
''his right'' in two places.
1981 -- Subsec. (a). Pub. L. 97-66 inserted provision empowering
beneficiaries, in the case of insurance maturing after Sept. 30, 1981,
and for which the insured has not exercised the right of election of the
insured as provided in this subchapter, to elect to receive payment of
the insurance in one sum.
1970 -- Pub. L. 91-291 designated existing provisions as subsec.
(a) and added subsec. (b).
Amendment by Pub. L. 97-66 effective Oct. 17, 1981, see section
701(b)(1) of Pub. L. 97-66, set out as a note under section 1114 of
this title.
Amendment by Pub. L. 91-291 effective first day of first calendar
month which begins more than six calendar months after June 25, 1970,
see section 14(a) of Pub. L. 91-291, set out as a note under section
1317 of this title.
38 USC 1953. Assignments
TITLE 38 -- VETERANS' BENEFITS
Any person to whom United States Government life insurance shall be
payable may assign such person's interest in such insurance to the
spouse, child, grandchild, parent, brother, sister, uncle, aunt, nephew,
niece, brother-in-law, or sister-in-law of the insured. Insofar as
applicable, the definitions contained in section 3 of the World War
Veterans' Act, 1924, in effect on December 31, 1958, shall apply to this
section.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1161, 753; Pub. L.
96-128, title III, 304, Nov. 28, 1979, 93 Stat. 986; renumbered 1953,
Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
Section 3 of the World War Veterans' Act, 1924, referred to in text,
is section 3 of act June 7, 1924, ch. 320, 43 Stat. 607, which was
classified to section 424 of former Title 38, Pensions, Bonuses, and
Veterans' Relief, and which was repealed and the provisions thereof
reenacted as section 101 of this title by Pub. L. 85-857, Sept. 2,
1958, 72 Stat. 1105.
1991 -- Pub. L. 102-83 renumbered section 753 of this title as this
section.
1979 -- Pub. L. 96-128 substituted ''such person's'' for ''his''.
Amendment by Pub. L. 96-128 effective Nov. 28, 1979, see section
601(b) of Pub. L. 96-128, set out as a note under section 1114 of this
title.
38 USC 1954. Forfeiture
TITLE 38 -- VETERANS' BENEFITS
No yearly renewable term insurance or United States Government life
insurance shall be payable for death inflicted as a lawful punishment
for crime or military offense, except when inflicted by the enemy. In
such cases the cash surrender value of United States Government life
insurance, if any, on the date of such death shall be paid to the
designated beneficiary if living, or if there be no designated
beneficiary alive at the death of the insured the said value shall be
paid to the estate of the insured.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1161, 754; renumbered
1954, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 754 of this title as this
section.
38 USC 1955. United States Government Life Insurance Fund
TITLE 38 -- VETERANS' BENEFITS
(a) All premiums paid on account of United States Government life
insurance shall be deposited and covered into the Treasury to the credit
of the United States Government Life Insurance Fund and shall be
available for the payment of losses, dividends, refunds, and other
benefits provided for under such insurance, including such liabilities
as shall have been or shall hereafter be reduced to judgment in a
district court of the United States or the United States District Court
for the District of Columbia. Payments from this fund shall be made
upon and in accordance with awards by the Secretary.
(b) The Secretary is authorized to set aside out of the funds so
collected such reserve funds as may be required, under accepted
actuarial principles, to meet all liabilities under such insurance; and
the Secretary of the Treasury is authorized to invest and reinvest the
said United States Government Life Insurance Fund, or any part thereof,
in interest-bearing obligations of the United States or bonds of the
Federal farm-loan banks and to sell said obligations of the United
States or the bonds of the Federal farm-loan banks for the purposes of
such Fund.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1161, 755; renumbered
1955 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
1991 -- Pub. L. 102-83 renumbered section 755 of this title as this
section and substituted ''Secretary'' for ''Administrator'' in subsecs.
(a) and (b).
38 USC 1956. Military and naval insurance appropriation
TITLE 38 -- VETERANS' BENEFITS
All sums heretofore or hereafter appropriated for the military and
naval insurance appropriation and all premiums collected for yearly
renewable term insurance deposited and covered into the Treasury to the
credit of this appropriation shall be made available to the Department.
All premiums that may hereafter be collected for yearly renewable term
insurance shall be deposited and covered into the Treasury for the
credit of this appropriation. Such sum is made available for the
payment of the liabilities of the United States incurred under contracts
of yearly renewable term insurance. Payments from this appropriation
shall be made upon and in accordance with the awards by the Secretary.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1162, 756; renumbered
1956 and amended Pub. L. 102-83, 4(a)(3), (4), (b)(1), (2)(E), 5(a),
Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 756 of this title
as this section.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
38 USC 1957. Extra hazard costs
TITLE 38 -- VETERANS' BENEFITS
(a) The United States shall bear the excess mortality and disability
cost resulting from the hazards of war on United States Government life
insurance.
(b) Whenever benefits under United States Government life insurance
become, or have become, payable because of total permanent disability of
the insured or because of the death of the insured as a result of
disease or injury traceable to the extra hazard of the military or naval
service, as such hazard may be determined by the Secretary, the
liability shall be borne by the United States. In such cases the
Secretary shall transfer from the military and naval insurance
appropriation to the United States Government Life Insurance Fund a sum
which, together with the reserve of the policy at the time of maturity
by total permanent disability or death, will equal the then value of
such benefits. When a person receiving total permanent disability
benefits under a United States Government life insurance policy recovers
from such disability and is then entitled to continue a reduced amount
of insurance, the Secretary shall transfer to the military and naval
insurance appropriation all of the loss reserve to the credit of such
policy claim except a sum sufficient to set up the then required reserve
on the reduced amount of the insurance that may be continued, which sum
shall be retained in the United States Government Life Insurance Fund
for the purpose of such reserve.
(c) Whenever benefits under the total disability provision become, or
have become, payable because of total disability of the insured as a
result of disease or injury traceable to the extra hazard of the
military or naval service, as such hazard may be determined by the
Secretary, the liability shall be borne by the United States, and the
Secretary shall transfer from the military and naval insurance
appropriation to the United States Government Life Insurance Fund from
time to time any amounts which become or have become payable to the
insured on account of such total disability, and shall transfer from the
United States Government Life Insurance Fund to the military and naval
insurance appropriation the amount of the reserve held on account of the
total disability benefit. When a person receiving such payments on
account of total disability recovers from such disability and is then
entitled to continued protection under the total disability provision,
the Secretary shall transfer to the United States Government Life
Insurance Fund a sum sufficient to set up the then required reserve on
such total disability benefit.
(d) Any disability for which a waiver was required as a condition to
tendering a person a commission under Public Law 816, Seventy-seventh
Congress, shall be deemed to be a disability resulting from an injury or
disease traceable to the extra hazard of military or naval service for
the purpose of applying this section.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1162, 757; renumbered
1957 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
Public Law 816, Seventy-seventh Congress, referred to in subsec.
(d), is act Dec. 18, 1942, ch. 768, 1, 2, 56 Stat. 1066. Section 1
of that Act enacted section 853c-5 of former Title 34, Navy, and was
repealed by act July 9, 1952, ch. 608, pt. VIII, 803, 66 Stat. 505.
Section 2 of that Act enacted section 853c-6 of former Title 34, and was
omitted from the Code in the general revision and reenactment of Title
10, Armed Forces, by act Aug. 10, 1956, ch. 1041, 70A Stat. 1.
1991 -- Pub. L. 102-83 renumbered section 757 of this title as this
section and substituted ''Secretary'' for ''Administrator'' wherever
appearing in subsecs. (b) and (c).
38 USC 1958. Statutory total permanent disability
TITLE 38 -- VETERANS' BENEFITS
Without prejudice to any other cause of disability, the permanent
loss of the use of both feet, of both hands, or of both eyes, or of one
foot and one hand, or of one foot and one eye, or of one hand and one
eye, or the loss of hearing of both ears, or the organic loss of speech,
shall be deemed total permanent disability for insurance purposes. This
section shall be deemed to be in effect on and after April 6, 1917, and
shall apply only to automatic insurance, yearly renewable term
insurance, and United States Government life insurance issued prior to
December 15, 1936.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1163, 758; renumbered
1958, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 758 of this title as this
section.
38 USC 1959. Waiver of disability for reinstatement
TITLE 38 -- VETERANS' BENEFITS
(a) In the event that all provisions of the rules and regulations
other than the requirements as to the physical condition of the
applicant have been complied with, an application for reinstatement, in
whole or in part, of lapsed United States Government life insurance may
be approved if made within two years after the date of lapse and if the
applicant's disability is the result of an injury or disease, or of an
aggravation thereof, suffered or contracted in the active military or
naval service during the period beginning April 6, 1917, and ending July
2, 1921, and the applicant during the applicant's lifetime submits proof
satisfactory to the Secretary showing that the applicant is not totally
and permanently disabled. As a condition to the acceptance of an
application for reinstatement under this section, the applicant shall be
required to pay all the back monthly premiums which would have become
payable if such insurance had not lapsed, together with interest at the
rate of 5 per centum per annum, compounded annually, on each premium
from the date said premium is due by the terms of the policy.
(b) Premium liens established under the provisions of section 304 of
the World War Veterans' Act, 1924, shall continue to bear interest at
the rate of 5 per centum per annum, compounded annually, and will be
deducted from any settlement of insurance to which they are attached.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1163, 759; Pub. L.
99-576, title VII, 701(33), Oct. 28, 1986, 100 Stat. 3293; renumbered
1959 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
Section 304 of the World War Veteran's Act, 1924, referred to in
subsec. (b), is section 304 of act June 7, 1924, ch. 320, title III,
43 Stat. 625, which enacted section 515 of former Title 38, Pensions,
Bonuses, and Veterans' Relief, and which was repealed and the provisions
thereof reenacted as this section by Pub. L. 85-857, 14(51), Sept. 2,
1958, 72 Stat. 1271.
1991 -- Pub. L. 102-83 renumbered section 759 of this title as this
section and substituted ''Secretary'' for ''Administrator'' in subsec.
(a).
1986 -- Subsec. (a). Pub. L. 99-576 substituted ''the applicant's''
for ''his'' and ''the applicant'' for ''he''.
38 USC 1960. Waiver of premium payments on due date
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary is authorized to provide by regulations for waiving
the payment of premiums on United States Government life insurance on
the due date thereof and the insurance may be deemed not to lapse in the
cases of the following persons: (1) those who are confined in hospital
under the Department for a compensable disability during the period
while they are so confined; (2) those who are rated as temporarily
totally disabled by reason of any injury or disease entitling them to
compensation during the period of such total disability and while they
are so rated; (3) those who, while mentally incompetent and for whom no
legal guardian had been or has been appointed, allowed or may allow
their insurance to lapse during the period for which they have been or
hereafter may be rated mentally incompetent, or until a guardian has
notified the Department of the guardian's qualification, but not later
than six months after appointment of a guardian. In mentally
incompetent cases the waiver is to be made without application and
retroactive when necessary. Relief from payment of premiums on the due
date thereof shall be for full calendar months, beginning with the month
in which said confinement to hospital, the temporary total disability
rating, or the mental incompetency began or begins and ending with that
month during the half or major fraction of which such persons are no
longer entitled to waiver as provided above.
(b) All premiums the payment of which when due is waived as provided
in this section shall bear interest at the rate of 5 percent per annum,
compounded annually, from the due date of each premium, and if not paid
by the insured shall be deducted from the insurance in any settlement
thereunder, or when the same matures either because of permanent total
disability or death. In the event any lien or other indebtedness
established by this section or prior corresponding provision of law
exists against any policy of United States Government life insurance in
excess of the then cash surrender value thereof at the time of the
termination of such policy of insurance for any reason other than by
death or total permanent disability the Secretary is authorized to
transfer and pay from the military and naval insurance appropriation to
the United States Government Life Insurance Fund a sum equal to the
amount such lien or indebtedness exceeds the then cash surrender value.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1163, 760; Pub. L.
97-295, 4(28), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 99-576, title
VII, 701(34), Oct. 28, 1986, 100 Stat. 3293; renumbered 1960 and
amended Pub. L. 102-83, 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6,
1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 760 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in two places.
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1986 -- Subsec. (a). Pub. L. 99-576 substituted ''the guardian's''
for ''his''.
1982 -- Subsec. (b). Pub. L. 97-295 substituted ''percent'' for
''per centum''.
38 USC 1961. Authority for higher interest rates for amounts payable
to beneficiaries
TITLE 38 -- VETERANS' BENEFITS
Notwithstanding section 1944(b) of this title, if the beneficiary of
an insurance policy issued under the provisions of this subchapter
receives the proceeds of such policy under a settlement option under
which such proceeds are paid in equal monthly installments over a
limited period of months, the interest that may be added to each such
installment may be at a rate that is higher than the interest rate
prescribed in such section. The Secretary may from time to time
establish a higher interest rate under the preceding sentence only in
accordance with a determination that such higher rate is
administratively and actuarially sound. Any such higher interest rate
shall be paid on the unpaid balance of such monthly installments.
(Added Pub. L. 96-128, title III, 303(a), Nov. 28, 1979, 93 Stat.
986, 761; renumbered 1961 and amended Pub. L. 102-83, 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 761 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1944(b)'' for ''744(b)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Section effective Nov. 28, 1979, see section 601(b) of Pub. L.
96-128, set out as an Effective Date of 1979 Amendment note under
section 1114 of this title.
38 USC 1962. Authority for higher monthly installments payable to
certain annuitants
TITLE 38 -- VETERANS' BENEFITS
(a) Subject to subsections (b) and (c) of this section, the Secretary
may from time to time adjust the dollar amount of the monthly
installments payable to a beneficiary of United States Government Life
Insurance who is receiving the proceeds of such insurance under a life
annuity settlement option. The Secretary may make such an adjustment
only if the Secretary determines that the adjustment is administratively
and actuarially sound. The Secretary may make such an adjustment
without regard to the provisions of section 1944 of this title with
respect to interest rates and the use of mortality tables.
(b) The Secretary shall determine the amount in the trust fund in the
Treasury held for payment of proceeds to United States Government Life
Insurance beneficiaries attributable to interest and mortality gains on
the reserves held for annuity accounts. Such amount shall be available
for distribution to the life annuitants referred to in subsection (a) of
this section as a fixed percentage of, and in addition to, the monthly
installment amount to which the annuitants are entitled under this
subchapter. For the purposes of this section, gains on the reserves are
defined as funds attributable solely to annuity accounts that are in
excess of actuarial liabilities.
(c) The monthly amount of an annuity authorized in section 1944 of
this title, as adjusted under this section, may not be less than the
monthly amount of such annuity that would otherwise be applicable
without regard to this section.
(Added Pub. L. 100-322, title III, 331(b)(1), May 20, 1988, 102
Stat. 536, 762; renumbered 1962 and amended Pub. L. 102-83,
4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 762 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1944'' for
''744''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''1944'' for
''744''.
38 USC 1963. Authority for payment of interest on settlements
TITLE 38 -- VETERANS' BENEFITS
(a) Subject to subsection (b) of this section, the Secretary may pay
interest on the proceeds of a United States Government Life Insurance
policy from the date the policy matures to the date of payment of the
proceeds to the beneficiary or, in the case of an endowment policy, to
the policyholder.
(b)(1) The Secretary may pay interest under subsection (a) of this
section only if the Secretary determines that the payment of such
interest is administratively and actuarially sound for the settlement
option involved.
(2) Interest paid under subsection (a) shall be at the rate that is
established by the Secretary for dividends held on credit or deposit in
policyholders' accounts.
(Added Pub. L. 100-687, div. B, title XIV, 1401(a)(2), Nov. 18,
1988, 102 Stat. 4128, 763; renumbered 1963 and amended Pub. L.
102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83 renumbered section 763 of this title as this
section and substituted ''Secretary'' for ''Administrator'' wherever
appearing.
Section effective with respect to insurance policies maturing after
Nov. 18, 1988, see section 1401(a)(3) of Pub. L. 100-687, set out as a
note under section 1928 of this title.
38 USC SUBCHAPTER III -- SERVICEMEN'S GROUP LIFE INSURANCE
TITLE 38 -- VETERANS' BENEFITS
38 USC 1965. Definitions
TITLE 38 -- VETERANS' BENEFITS
For the purpose of this subchapter --
(1) The term ''active duty'' means --
(A) full-time duty in the Armed Forces, other than active duty for
training;
(B) full-time duty (other than for training purposes) as a
commissioned officer of the Regular or Reserve Corps of the Public
Health Service;
(C) full-time duty as a commissioned officer of the National Oceanic
and Atmospheric Administration; and
(D) full-time duty as a cadet or midshipman at the United States
Military Academy, United States Naval Academy, United States Air Force
Academy, or the United States Coast Guard Academy.
(2) The term ''active duty for training'' means --
(A) full-time duty in the Armed Forces performed by Reserves for
training purposes;
(B) full-time duty for training purposes performed as a commissioned
officer of the Reserve Corps of the Public Health Service;
(C) full-time duty as a member, cadet, or midshipman of the Reserve
Officers Training Corps while attending field training or practice
cruises; and
(D) in the case of members of the National Guard or Air National
Guard of any State, full-time duty under sections 316, 502, 503, 504, or
505 of title 32, United States Code.
(3) The term ''inactive duty training'' means --
(A) duty (other than full-time duty) prescribed or authorized for
Reserves (including commissioned officers of the Reserve Corps of the
Public Health Service) which duty is scheduled in advance by competent
authority to begin at a specific time and place; and
(B) in the case of a member of the National Guard or Air National
Guard of any State, such term means duty (other than full-time duty)
which is scheduled in advance by competent authority to begin at a
specific time and place under sections 316, 502, 503, 504, or 505 of
title 32, United States Code.
(4) The terms ''active duty for training'' and ''inactive duty
training'' do not include duty performed as a temporary member of the
Coast Guard Reserve, and the term ''inactive duty training'' does not
include (A) work or study performed in connection with correspondence
courses, or (B) attendance at an educational institution in an inactive
status.
(5) The term ''member'' means --
(A) a person on active duty, active duty for training, or inactive
duty training in the uniformed services in a commissioned, warrant, or
enlisted rank, or grade, or as a cadet or midshipman of the United
States Military Academy, United States Naval Academy, United States Air
Force Academy, or the United States Coast Guard Academy;
(B) a person who volunteers for assignment to the Ready Reserve of a
uniformed service and is assigned to a unit or position in which such
person may be required to perform active duty, or active duty for
training, and each year will be scheduled to perform at least twelve
periods of inactive duty training that is creditable for retirement
purposes under chapter 67 of title 10;
(C) a person assigned to, or who upon application would be eligible
for assignment to, the Retired Reserve of a uniformed service who has
not received the first increment of retirement pay or has not yet
reached sixty-one years of age and has completed at least twenty years
of satisfactory service creditable for retirement purposes under chapter
67 of title 10; and
(D) a member, cadet, or midshipman of the Reserve Officers Training
Corps while attending field training or practice cruises.
(6) The term ''uniformed services'' means the Army, Navy, Air Force,
Marine Corps, Coast Guard, the commissioned corps of the Public Health
Service, and the commissioned corps of the National Oceanic and
Atmospheric Administration.
(7) The terms ''widow'' or ''widower'' means a person who is the
lawful spouse of the insured member at the time of his death.
(8) The term ''child'' means a legitimate child, a legally adopted
child, an illegitimate child as to the mother, or an illegitimate child
as to the alleged father, only if (A) he acknowledged the child in
writing signed by him; or (B) he has been judicially ordered to
contribute to the child's support; or (C) he has been, before his
death, judicially decreed to be the father of such child; or (D) proof
of paternity is established by a certified copy of the public record of
birth or church record of baptism showing that the insured was the
informant and was named as father of the child; or (E) proof of
paternity is established from service department or other public
records, such as school or welfare agencies, which show that with his
knowledge the insured was named as the father of the child.
(9) The term ''parent'' means a father of a legitimate child, mother
of a legitimate child, father through adoption, mother through adoption,
mother of an illegitimate child, and father of an illegitimate child but
only if (A) he acknowledged paternity of the child in writing signed by
him before the child's death; or (B) he has been judicially ordered to
contribute to the child's support; or (C) he has been judicially
decreed to be the father of such child; or (D) proof of paternity is
established by a certified copy of the public record of birth or church
record of baptism showing that the claimant was the informant and was
named as father of the child; or (E) proof of paternity is established
from service department or other public records, such as school or
welfare agencies, which show that with his knowledge the claimant was
named as father of the child. No person who abandoned or willfully
failed to support a child during the child's minority, or consented to
the child's adoption may be recognized as a parent for the purpose of
this subchapter. However, the immediately preceding sentence shall not
be applied so as to require duplicate payments in any case in which
insurance benefits have been paid prior to receipt in the administrative
office established under subsection 1966(b) of this title of sufficient
evidence to clearly establish that the person so paid could not qualify
as a parent solely by reason of such sentence.
(Added Pub. L. 89-214, 1(a), Sept. 29, 1965, 79 Stat. 880, 765;
amended Pub. L. 91-291, 1, June 25, 1970, 84 Stat. 326; Pub. L.
92-185, 1, Dec. 15, 1971, 85 Stat. 642; Pub. L. 92-315, June 20, 1972,
86 Stat. 227; Pub. L. 93-289, 3, 10(1), May 24, 1974, 88 Stat. 165,
172; Pub. L. 99-576, title VII, 701(35), Oct. 28, 1986, 100 Stat.
3293; Pub. L. 102-54, 14(b)(16), June 13, 1991, 105 Stat. 284;
renumbered 1965 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 765 of this title
as this section.
Par. (4). Pub. L. 102-54, 14(b)(16)(A), redesignated cls. (i) and
(ii) as (A) and (B), respectively.
Par. (8). Pub. L. 102-54, 14(b)(16)(B), redesignated cls. (a) to
(e) as (A) to (E), respectively.
Par. (9). Pub. L. 102-83, 5(c)(1), substituted ''1966(b)'' for
''766(b)''.
Pub. L. 102-54, 14(b)(16)(B), redesignated cls. (a) to (e) as (A)
to (E), respectively.
1986 -- Par. (5)(B). Pub. L. 99-576, 701(35)(A), substituted ''such
person'' for ''he''.
Par. (9). Pub. L. 99-576, 701(35)(B), substituted ''the child's''
for ''his'' in two places.
1974 -- Par. (1)(C). Pub. L. 93-289, 10(1), substituted ''National
Oceanic and Atmospheric Administration'' for ''Environmental Science
Services Administration''.
Par. (5). Pub. L. 93-289, 3, added cls. (B) and (C), redesignated
former cl. (B) as (D), and substituted ''midshipman of'' for
''midshipman at'' in cl. (A).
Par. (6). Pub. L. 93-289, 10(1), substituted ''National Oceanic and
Atmospheric Administration'' for ''Environmental Science Services
Administration''.
1972 -- Par. (1)(D). Pub. L. 92-315, 1(3), added cl. (D).
Par. (5)(A). Pub. L. 92-315, 1(4), expanded definition of ''member''
to include persons in active duty as a cadet or midshipman at the United
States Military Academy, United States Naval Academy, United States Air
Force Academy and the United States Coast Guard Academy.
1971 -- Pars. (7) to (9). Pub. L. 92-185 added pars. (7) to (9)
defining, respectively, ''widow'' or ''widower'', ''child'', and
''parent''.
1970 -- Pub. L. 91-291 struck out from definition of ''active duty''
a reference to calls or orders to duty which specify a period of 30 days
or less, inserted definitions for ''active duty for training'' and
''inactive duty training'', and, in definition of ''uniformed
services'', inserted provisions limiting the scope of that term in the
case of personnel of the Public Health Service and the Environmental
Science Services Administration to the commissioned corps thereof
respectively.
Section 12(2) of Pub. L. 93-289 provided that: ''The amendments
relating to Servicemen's Group Life Insurance coverage on a full-time
basis for certain members of the Reserves and National Guard shall
become effective upon the date of enactment of this Act (May 24,
1974).''
Section 2 of Pub. L. 92-185 provided that: ''The provisions of this
Act (amending this section) shall apply only to Servicemen's Group Life
Insurance in effect on the life of an insured member who dies on or
after the date of enactment of this Act (Dec. 15, 1971).''
Amendment by Pub. L. 91-291 effective June 25, 1970, see section
14(a) of Pub. L. 91-291, set out as a note under section 1317 of this
title.
Section 14(b) of Pub. L. 91-291 provided that: ''The provisions of
section 765(7), (8), and (9) (now 1765(7), (8), and (9)) of title 38,
United States Code, as added by the first section of this Act shall
apply only to servicemen's group life insurance in effect on the life of
an insured member who dies on and after the date of enactment of this
Act (June 25, 1970).''
38 USC 1966. Eligible insurance companies
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary is authorized, without regard to section 3709 of
the Revised Statutes, as amended (41 U.S.C. 5), to purchase from one or
more life insurance companies a policy or policies of group life
insurance to provide the benefits specified in this subchapter. Each
such life insurance company must (1) be licensed to issue life insurance
in each of the fifty States of the United States and in the District of
Columbia, and (2) as of the most recent December 31 for which
information is available to the Secretary, have in effect at least 1
percent of the total amount of group life insurance which all life
insurance companies have in effect in the United States.
(b) The life insurance company or companies issuing such policy or
policies shall establish an administrative office at a place and under a
name designated by the Secretary.
(c) The Secretary shall arrange with the life insurance company or
companies issuing any policy or policies under this subchapter to
reinsure, under conditions approved by the Secretary, portions of the
total amount of insurance under such policy or policies with such other
life insurance companies (which meet qualifying criteria set forth by
the Secretary) as may elect to participate in such reinsurance.
(d) The Secretary may at any time discontinue any policy or policies
which the Secretary has purchased from any insurance company under this
subchapter.
(Added Pub. L. 89-214, 1(a), Sept. 29, 1965, 79 Stat. 880, 766;
amended Pub. L. 97-295, 4(29), Oct. 12, 1982, 96 Stat. 1307; Pub. L.
99-576, title VII, 701(36), Oct. 28, 1986, 100 Stat. 3293; renumbered
1966 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
1991 -- Pub. L. 102-83 renumbered section 766 of this title as this
section and substituted ''Secretary'' for ''Administrator'' wherever
appearing.
1986 -- Subsec. (c). Pub. L. 99-576, 701(36)(A), substituted ''the
Administrator'' for ''him''.
Subsec. (d). Pub. L. 99-576, 701(36)(B), substituted ''the
Administrator'' for ''he''.
1982 -- Subsec. (a). Pub. L. 97-295 substituted ''percent'' for
''per centum''.
38 USC 1967. Persons insured; amount
TITLE 38 -- VETERANS' BENEFITS
(a) Any policy of insurance purchased by the Secretary under section
1966 of this title shall automatically insure against death --
(1) any member of a uniformed service on active duty, active duty for
training, or inactive duty training scheduled in advance by competent
authority;
(2) any member of the Ready Reserve of a uniformed service who meets
the qualifications set forth in section 1965(5)(B) of this title; and
(3) any member assigned to, or who upon application would be eligible
for assignment to, the Retired Reserve of a uniformed service who meets
the qualifications set forth in section 1965(5)(C) of this title;
in the amount of $100,000, unless such member elects in writing (A)
not to be insured under this subchapter, or (B) to be insured in an
amount less than $100,000 that is evenly divisible by $10,000. The
insurance shall be effective the first day of active duty or active duty
for training, or the beginning of a period of inactive duty training
scheduled in advance by competent authority, or the first day a member
of the Ready Reserve meets the qualifications set forth in section
1965(5)(B) of this title, or the first day a member of the Reserves,
whether or not assigned to the Retired Reserve of a uniformed service,
meets the qualifications of section 1965(5)(C) of this title, or the
date certified by the Secretary to the Secretary concerned as the date
Servicemen's Group Life Insurance under this subchapter for the class or
group concerned takes effect, whichever is the later date.
(b) Any member (other than one who has elected not to be insured
under this subchapter for the period or periods of duty involved) --
(1) who, when authorized or required by competent authority, assumes
an obligation to perform (for less than thirty-one days) active duty, or
active duty for training, or inactive duty training scheduled in advance
by competent authority; and
(2) who is rendered uninsurable at standard premium rates according
to the good health standards approved by the Secretary, or dies within
one hundred and twenty days thereafter, from a disability, or
aggravation of a preexisting disability, incurred by such member while
proceeding directly to or returning directly from such active duty,
active duty for training, or inactive duty training as the case may be;
shall be deemed to have been on active duty, active duty for
training, or inactive duty training, as the case may be, and to have
been insured under this subchapter at the time such disability was
incurred or aggravated, and if death occurs within one hundred and
twenty days thereafter as a result of such disability to have been
insured at the time of death. In determining whether or not such
individual was so authorized or required to perform such duty, and
whether or not such member was rendered uninsurable or died within one
hundred and twenty days thereafter from a disability so incurred or
aggravated, there shall be taken into account the call or order to duty,
the orders and authorizations of competent authority, the hour on which
the member began to so proceed or to return, the hour on which such
member was scheduled to arrive for, or on which such member ceased to
perform such duty; the method of travel employed; such member's
itinerary; the manner in which the travel was performed; and the
immediate cause of disability or death. Whenever any claim is filed
alleging that the claimant is entitled to benefits by reason of this
subsection, the burden of proof shall be on the claimant.
(c) If any member elects not to be insured under this subchapter or
to be insured in any amount less than $100,000, such member may
thereafter be insured under this subchapter in the amount of $100,000 or
any lesser amount evenly divisible by $10,000 upon written application,
proof of good health, and compliance with such other terms and
conditions as may be prescribed by the Secretary. Any former member
insured under Veterans' Group Life Insurance who again becomes eligible
for Servicemen's Group Life Insurance and declines such coverage solely
for the purpose of maintaining such member's Veterans' Group Life
Insurance in effect shall upon termination of coverage under Veterans'
Group Life Insurance be automatically insured under Servicemen's Group
Life Insurance, if otherwise eligible therefor.
(d) Notwithstanding any other provision of this section, any member
who on May 1, 1991 is a member of the Retired Reserve of a uniformed
service (or who upon application would be eligible for assignment to the
Retired Reserve of a uniformed service) may obtain increased insurance
coverage in the amount of $100,000 or any lesser amount evenly divisible
by $10,000 if --
(1) the member --
(A) is insured under this subchapter on May 1, 1991; or
(B) within one year after May 1, 1991, reinstates insurance under
this subchapter that had lapsed for nonpayment of premiums; and
(2) the member submits a written application for the increased
coverage to the office established pursuant to section 1966(b) of this
title within one year after May 1, 1991.
(e) In addition to the amounts of insurance otherwise provided under
this section, an eligible member may, upon application, obtain increased
coverage beyond that provided under this section in the amount of
$100,000, or any lesser amount evenly divisible by $10,000.
(Added Pub. L. 89-214, 1(a), Sept. 29, 1965, 79 Stat. 881, 767;
amended Pub. L. 91-291, 2, June 25, 1970, 84 Stat. 327; Pub. L.
93-289, 4, May 24, 1974, 88 Stat. 166; Pub. L. 97-66, title IV,
401(a), Oct. 17, 1981, 95 Stat. 1030; Pub. L. 99-166, title IV,
401(a), Dec. 3, 1985, 99 Stat. 956; Pub. L. 99-576, title VII,
701(37), Oct. 28, 1986, 100 Stat. 3293; Pub. L. 102-25, title III,
336(a), Apr. 6, 1991, 105 Stat. 89; renumbered 1967 and amended Pub.
L. 102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406; Pub. L. 102-568, title II, 201, Oct. 29, 1992, 106 Stat.
4324.)
1992 -- Subsec. (e). Pub. L. 102-568 added subsec. (e).
1991 -- Pub. L. 102-83, 5(a), renumbered section 767 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1966'' for
''766'', ''1965(5)(B)'' for ''765(5)(B)'' in two places, and
''1965(5)(C)'' for ''765(5)(C)'' in two places.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in introductory provisions and in last sentence.
Pub. L. 102-25, 336(a)(1), substituted ''$100,000'' for ''$50,000''
in two places in concluding provisions.
Subsec. (b)(2). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Subsec. (c). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Pub. L. 102-25, 336(a)(1), substituted ''$100,000'' for ''$50,000''
in two places.
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''1966(b)'' for
''766(b)'' in par. (2).
Pub. L. 102-54, 336(a)(2), substituted ''May 1, 1991'' for ''January
1, 1986'' wherever appearing and ''$100,000'' for ''$50,000'' in
introductory provisions.
1986 -- Subsec. (b). Pub. L. 99-576, 701(37)(A), substituted ''such
member'' for ''him'', ''such member'' for ''he'' in three places, and
''such member's'' for ''his''.
Subsec. (c). Pub. L. 99-576, 701(37)(B)(i), substituted ''such
member's'' for ''his''.
Pub. L. 99-576, 701(37)(B)(ii), which directed that subsec. (c) be
amended by substituting ''such member'' for ''he'', could not be
executed, because ''he'' does not appear in text. See 1985 Amendment
note below.
1985 -- Subsec. (a). Pub. L. 99-166, 401(a)(1), increased the
amount of insurance to $50,000 from $35,000 and substituted ''an amount
less than $50,000 that is evenly divisible by $10,000'' for ''the amount
of $30,000, $25,000, $20,000, $15,000, $10,000, or $5,000''.
Subsec. (c). Pub. L. 99-166, 401(a)(2), substituted ''any amount
less than $50,000, such member may thereafter be insured under this
subchapter in the amount of $50,000 or any lesser amount evenly
divisible by $10,000'' for ''the amount of $30,000, $25,000, $20,000,
$15,000, $10,000, or $5,000, he may thereafter be insured under this
subchapter or insured in the amount of $35,000, $30,000, $25,000,
$20,000, $15,000, or $10,000 under this subchapter, as the case may
be,''.
Subsec. (d). Pub. L. 99-166, 401(a)(3), substituted ''January 1,
1986'' for ''the effective date of this subsection'' wherever appearing,
and substituted ''in the amount of $50,000 or any lesser amount evenly
divisible by $10,000'' for ''up to a maximum of $35,000 (in any amount
divisible by $5,000)''.
1981 -- Subsec. (a). Pub. L. 97-66, 401(a)(1), substituted ''in the
amount of $35,000 unless such member elects in writing (A) not to be
insured under this subchapter, or (B) to be insured in the amount of
$30,000, $25,000, $20,000, $15,000, $10,000, or $5,000'' for ''in the
amount of $20,000 unless such member elects in writing (A) not to be
insured under this subchapter, or (B) to be insured in the amount of
$15,000, $10,000, or $5,000''.
Subsec. (c). Pub. L. 97-66, 401(a)(2), substituted ''insured in the
amount of $30,000, $25,000, $20,000, $15,000, $10,000, or $5,000, he may
thereafter be insured under this subchapter or insured in the amount of
$35,000, $30,000, $25,000, $20,000, $15,000, or $10,000 under this
subchapter'' for ''insured in the amount of $15,000, $10,000, or $5,000,
he may thereafter be insured under this subchapter or insured in the
amount of $20,000, $15,000, or $10,000 under this subchapter''.
Subsec. (d). Pub. L. 97-66, 401(a)(3), added subsec. (d).
1974 -- Subsec. (a). Pub. L. 93-289, 4(1), authorized insurance for
any member of Ready Reserve who meets qualifications set forth in
section 765(5)(B) of this title, and any member assigned to, or who upon
application would be eligible for assignment to, the Retired Reserve who
meets the qualifications set forth in section 765(5)(C) of this title,
increased the amount of insurance from $15,000 to $20,000, permitted a
member to elect to be insured for $15,000, and prescribed the effective
dates of insurance for members of the Ready Reserve and members of the
Reserves, whether or not assigned to the Retired Reserves.
Subsec. (b). Pub. L. 93-289, 4(2), substituted ''one hundred and
twenty days'' for ''ninety days'' in three places.
Subsec. (c). Pub. L. 93-289, 4(3), inserted provisions authorizing
members who elected to be insured in amounts of $15,000, $10,000, or
$5,000 to increase the amount of insurance to $20,000, and inserted
sentence providing for automatic insurance for former members insured
under Veterans' Group Life Insurance who decline coverage under
Servicemen's Group Life Insurance.
1970 -- Subsec. (a). Pub. L. 91-291 increased from $10,000 to
$15,000 maximum amount of insurance authorized for members of uniformed
services and inserted references to active duty for training and
inactive duty training scheduled in advance by competent authority.
Subsec. (b). Pub. L. 91-291 added subsec. (b). Former subsec. (b)
redesignated (c).
Subsec. (c). Pub. L. 91-291 redesignated former subsec. (b) as
subsec. (c) and inserted provisions reflecting the increase from
$10,000 to $15,000 in maximum available insurance for members of
uniformed services.
Amendment by Pub. L. 102-568 effective Dec. 1, 1992, see section
205 of Pub. L. 102-568, set out as an Effective Date note under section
1922A of this title.
Section 336(c)(1) of Pub. L. 102-25 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply with respect
to deaths on or after the date of the enactment of this Act (Apr. 6,
1991).''
Section 401(c) of Pub. L. 99-166, as amended by Pub. L. 99-227, 3,
Dec. 28, 1985, 99 Stat. 1745, provided that:
''(1) Except as provided in paragraph (2), the amendments made by
subsections (a) and (b) (amending this section and section 777 (now
1977) of this title) shall take effect on January 1, 1986.
''(2) The amendment made by subsection (a)(1)(A) (amending this
section) shall be deemed to have taken effect on December 12, 1985, with
respect to members who --
''(A) died after December 11, 1985, and before January 1, 1986; and
''(B) were, on the date of death, insured in the amount of $35,000
under subchapter III of chapter 19 of title 38, United States Code.''
Amendment by Pub. L. 97-66 effective Dec. 1, 1981, see section
701(b)(2) of Pub. L. 97-66, set out as a note under section 1114 of
this title.
Section 12(3) of Pub. L. 93-289 provided that: ''The amendments
increasing the maximum amount of Servicemen's Group Life Insurance shall
become effective upon the date of enactment of this Act (May 24,
1974).''
Amendment by Pub. L. 91-291 effective June 25, 1970, see section
14(a) of Pub. L. 91-291, set out as a note under section 1317 of this
title.
38 USC 1968. Duration and termination of coverage; conversion
TITLE 38 -- VETERANS' BENEFITS
(a) Each policy purchased under this subchapter shall contain a
provision, in terms approved by the Secretary, to the effect that any
insurance thereunder on any member of the uniformed services, unless
discontinued or reduced upon the written request of the insured, shall
continue in effect while the member is on active duty, active duty for
training, or inactive duty training scheduled in advance by competent
authority during the period thereof, or while the member meets the
qualifications set forth in section 1965(5)(B) or (C) of this title, and
such insurance shall cease --
(1) with respect to a member on active duty or active duty for
training under a call or order to duty that does not specify a period of
less than thirty-one days --
(A) one hundred and twenty days after the separation or release from
active duty or active duty for training, unless on the date of such
separation or release the member is totally disabled, under criteria
established by the Secretary, in which event the insurance shall cease
one year after the date of separation or release from such active duty
or active duty for training, or on the date the insured ceases to be
totally disabled, whichever is the earlier date, but in no event prior
to the expiration of one hundred and twenty days after such separation
or release; or
(B) at the end of the thirty-first day of a continuous period of (i)
absence without leave, (ii) confinement by civil authorities under a
sentence adjudged by a civilian court, or (iii) confinement by military
authorities under a courtmartial sentence involving total forfeiture of
pay and allowances. Any insurance so terminated as the result of such
an absence or confinement, together with any beneficiary designation in
effect for such insurance at such termination thereof, shall be
automatically revived as of the date the member is restored to active
duty with pay or to active duty for training with pay.
(2) with respect to a member on active duty or active duty for
training under a call or order to duty that specifies a period of less
than thirty-one days insurance under this subchapter shall cease at
midnight, local time, on the last day of such duty, unless on such date
the insured is suffering from a disability incurred or aggravated during
such period which, within one hundred and twenty days after such date,
(i) results in death, or (ii) renders the member uninsurable at standard
premium rates according to the good health standards approved by the
Secretary, in which event the insurance shall continue in force to
death, or for one hundred and twenty days after such date, whichever is
the earlier date.
(3) with respect to a member on inactive duty training scheduled in
advance by competent authority insurance under this subchapter shall
cease at the end of such scheduled training period, unless at such time
the insured is suffering from a disability incurred, or aggravated
during such period which, within one hundred and twenty days after the
date of such training, (i) results in death, or (ii) renders the member
uninsurable at standard premium rates according to the good health
standards approved by the Secretary in which event the insurance shall
continue in force to death, or for one hundred and twenty days after the
date such training terminated, whichever is the earlier date.
(4) with respect to a member of the Ready Reserve of a uniformed
service who meets the qualifications set forth in section 1965(5)(B) of
this title, one hundred and twenty days after separation or release from
such assignment --
(A) unless on the date of such separation or release the member is
totally disabled, under criteria established by the Secretary, in which
event the insurance shall cease one year after the date of separation or
release from such assignment, or on the date the insured ceases to be
totally disabled, whichever is the earlier date, but in no event prior
to the expiration of one hundred and twenty days after separation or
release from such assignment; or
(B) unless on the date of such separation or release the member has
completed at least twenty years of satisfactory service creditable for
retirement purposes under chapter 67 of title 10 and would upon
application be eligible for assignment to or is assigned to the Retired
Reserve, in which event the insurance, unless converted to an individual
policy under terms and conditions set forth in section 1977(e) of this
title, shall, upon timely payment of premiums under terms prescribed by
the Secretary directly to the administrative office established under
section 1966(b) of this title, continue in force until receipt of the
first increment of retirement pay by the member or the member's
sixty-first birthday, whichever occurs earlier.
(5) with respect to a member of the Retired Reserve who meets the
qualifications of section 1965(5)(C) of this title, and who was assigned
to the Retired Reserve prior to the date insurance under the amendment
made by section 5(a) of the Veterans' Insurance Act of 1974 (Public Law
93-289, 88 Stat. 166) is placed in effect for members of the Retired
Reserve, at such time as the member receives the first increment of
retirement pay, or the member's sixty-first birthday, whichever occurs
earlier, subject to the timely payment of the initial and subsequent
premiums, under terms prescribed by the Secretary, directly to the
administrative office established under section 1966(b) of this title.
(b) Each policy purchased under this subchapter shall contain a
provision, in terms approved by the Secretary, that, except as
hereinafter provided, Servicemen's Group Life Insurance which is
continued in force after expiration of the period of duty or travel
under section 1967(b) or 1968(a) of this title, effective the day after
the date such insurance would cease, shall be automatically converted to
Veterans' Group Life Insurance subject to (1) the timely payment of the
initial premium under terms prescribed by the Secretary, and (2) the
terms and conditions set forth in section 1977 of this title. Such
automatic conversion shall be effective only in the case of an otherwise
eligible member or former member who is separated or released from a
period of active duty or active duty for training or inactive duty
training on or after the date on which the Veterans' Group Life
Insurance program (provided for under section 1977 of this title)
becomes effective. Servicemen's Group Life Insurance continued in force
under section 1968(a)(4)(B) or (5) of this title shall not be converted
to Veterans' Group Life Insurance. However, a member whose insurance
could be continued in force under section 1968(a)(4)(B) of this title,
but is not so continued, may, effective the day after the insurance
otherwise would cease, convert such insurance to an individual policy
under the terms and conditions set forth in section 1977(e) of this
title.
(Added Pub. L. 89-214, 1(a), Sept. 29, 1965, 79 Stat. 881, 768;
amended Pub. L. 91-291, 3, June 25, 1970, 84 Stat. 328; Pub. L.
93-289, 5(a), May 24, 1974, 88 Stat. 166; Pub. L. 97-295, 4(30), Oct.
12, 1982, 96 Stat. 1307; Pub. L. 99-576, title VII, 701(38), Oct. 28,
1986, 100 Stat. 3293; renumbered 1968 and amended Pub. L. 102-83,
4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
The amendment made by section 5(a) of the Veterans' Insurance Act of
1974 (Public Law 93-289, 88 Stat. 166), referred to in subsec. (a)(5),
refers to the 1974 amendment of this section by section 5(a) of Pub. L.
93-289.
1991 -- Pub. L. 102-83, 5(a), renumbered section 768 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1965(5)(B)'' for
''765(5)(B)'' in two places, ''1977(e)'' for ''777(e)'', ''1966(b)'' for
''766(b)'' in two places, and ''1965(5)(C)'' for ''765(5)(C)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''1967(b) or
1968(a)'' for ''767(b) or 768(a)'', ''1977'' for ''777'' in two places,
''1968(a)(4)(B)'' for ''768(a)(4)(B)'' in two places, and ''1977(e)''
for ''777(e)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in two places.
1986 -- Subsec. (a)(2), (3). Pub. L. 99-576, 701(38)(A), (B),
struck out ''his'' before ''death'', and substituted ''the member'' for
''his''.
Subsec. (b). Pub. L. 99-576, 701(38)(C), substituted ''the'' for
''he'' before ''insurance otherwise''.
1982 -- Subsec. (a)(5). Pub. L. 97-295 substituted ''the amendment
made by section 5(a) of the Veterans' Insurance Act of 1974 (Public Law
93-289, 88 Stat. 166)'' for ''this amendment''.
1974 -- Subsec. (a). Pub. L. 93-289, 5(a)(1)-(3), inserted in
opening provisions ''or while the member meets the qualifications set
forth in section 765(5)(B) or (C) of this title,'', substituted ''one
hundred and twenty days'' for ''ninety days'' wherever appearing in
pars. (2) and (3), and added pars. (4) and (5).
Subsec. (b). Pub. L. 93-289, 5(a)(4), substituted provisions
requiring policies of Servicemen's Group Life Insurance to contain a
provision automatically converting such policy to Veterans' Group Life
Insurance, for provisions which required such policies to contain a
provision for conversion to an individual policy of insurance, and
inserted sentences providing for the effective date of automatic
conversion, prohibiting conversion of Servicemen's Group Life Insurance
continued in force under section 768(a)(4)(B) or (5) of this title, and
authorizing conversion by a member whose insurance could be continued in
force under section 768(a)(4)(B) of this title, but is not so continued.
Subsec. (c). Pub. L. 93-289, 5(a)(5), repealed subsec. (c) which
related to conversion by eligible insured persons to policies written by
companies participating in the program established by this subchapter.
1970 -- Subsec. (a). Pub. L. 91-291 designated existing provisions
as subsec. (a) and substituted provisions covering the duration of
coverage for provisions covering termination of coverage. For
termination and conversion of insurance see subsecs. (b) and (c) of
this section.
Subsecs. (b), (c). Pub. L. 91-291 added subsecs. (b) and (c).
Section 12(4) of Pub. L. 93-289 provided that: ''The amendments
made by sections 5(a)(4) and (5) of this Act (amending this section),
and those enacting a Veterans' Group Life Insurance program (sections
777, 778, and 779 (now 1977, 1978, and 1979) of this title) shall become
effective on the first day of the third calendar month following the
month in which this Act is enacted (May 1974).''
Amendment by Pub. L. 91-291 effective June 25, 1970, see section
14(a) of Pub. L. 91-291, set out as a note under section 1317 of this
title.
Section 5(b) of Pub. L. 93-289 provided that the amendments made by
Pub. L. 93-289, enacting sections 777, 778, and 779 (now 1977, 1978,
and 1979) of this title and section 707 of Title 37, Pay and Allowances
of the Uniformed Services, and amending sections 723, 765, 767, 768,
769, 770, 771, and 774 (now 1923, 1965, 1967, 1968, 1969, 1970, 1971,
and 1974) of this title, not be construed to deprive any person
discharged or released from the uniformed services of the United States
prior to the date on which the Veterans' Group Life Insurance program
(provided for under section 777 (now 1977) of this title) became
effective of the right to convert Servicemen's Group Life Insurance to
an individual policy under the provisions of law in effect prior to such
effective date.
38 USC 1969. Deductions; payment; investment; expenses
TITLE 38 -- VETERANS' BENEFITS
(a)(1) During any period in which a member, on active duty or active
duty for training under a call or order to such duty that does not
specify a period of less than thirty-one days, is insured under
Servicemen's Group Life Insurance, there shall be deducted each month
from the member's basic or other pay until separation or release from
such duty an amount determined by the Secretary (which shall be the same
for all such members) as the share of the cost attributable to insuring
such member under such policy, less any costs traceable to the extra
hazard of such duty in the uniformed service.
(2) During any month in which a member is assigned to the Ready
Reserve of a uniformed service under conditions which meet the
qualifications of section 1965(5)(B) of this title, or is assigned to
the Reserve (other than the Retired Reserve) and meets the
qualifications of section 1965(5)(C) of this title, and is insured under
a policy of insurance purchased by the Secretary, under section 1966 of
this title, there shall be contributed from the appropriation made for
active duty pay of the uniformed service concerned an amount determined
by the Secretary (which shall be the same for all such members) as the
share of the cost attributable to insuring such member under this
policy, less any costs traceable to the extra hazards of such duty in
the uniformed services. Any amounts so contributed on behalf of any
individual shall be collected by the Secretary concerned from such
individual (by deduction from pay or otherwise) and shall be credited to
the appropriation from which such contribution was made.
(3) During any fiscal year, or portion thereof, that a member is on
active duty or active duty for training under a call or order to such
duty that specifies a period of less than thirty-one days, or is
authorized or required to perform inactive duty training scheduled in
advance by competent authority, and is insured under Servicemen's Group
Life Insurance, the Secretary concerned shall collect from the member
(by deduction from pay or otherwise) an amount determined by the
Secretary (which shall be the same for all such members) as the share of
the cost attributable to insuring such member under such policy, less
any costs traceable to the extra hazard of such duty in the uniformed
service.
(4) Any amount not deducted from the basic or other pay of a member
insured under Servicemen's Group Life Insurance, or collected from the
member by the Secretary concerned, if not otherwise paid, shall be
deducted from the proceeds of any insurance thereafter payable. The
initial monthly amount under paragraph (1) or (2) hereof, or fiscal year
amount under paragraph (3) hereof, determined by the Secretary to be
charged under this section for Servicemen's Group Life Insurance may be
continued from year to year, except that the Secretary may redetermine
such monthly or fiscal year amounts from time to time in accordance with
experience. No refunds will be made to any member of any amount
properly deducted from the member's basic or other pay, or collected
from the member by the Secretary concerned, to cover the insurance
granted under Servicemen's Group Life Insurance.
(b) For each month for which any member is so insured, there shall be
contributed from the appropriation made for active duty pay of the
uniformed service concerned an amount determined by the Secretary and
certified to the Secretary concerned to be the cost of Servicemen's
Group Life Insurance which is traceable to the extra hazard of duty in
the uniformed services. Effective January 1, 1970, such cost shall be
determined by the Secretary on the basis of the excess mortality
incurred by members and former members of the uniformed services insured
under Servicemen's Group Life Insurance above what their mortality would
have been under peacetime conditions as such mortality is determined by
the Secretary using such methods and data as the Secretary shall
determine to be reasonable and practicable. The Secretary is authorized
to make such adjustments regarding contributions from pay appropriations
as may be indicated from actual experience.
(c) An amount equal to the first amount due on Servicemen's Group
Life Insurance may be advanced from current appropriations for
active-service pay to any such member, which amount shall constitute a
lien upon any service or other pay accruing to the person from whom such
advance was made and shall be collected therefrom if not otherwise paid.
No disbursing or certifying officer shall be responsible for any loss
incurred by reason of such advance.
(d)(1) The sums withheld from the basic or other pay of members, or
collected from them by the Secretary concerned, under subsection (a) of
this section, and the sums contributed from appropriations under
subsection (b) of this section, together with the income derived from
any dividends or premium rate adjustments received from insurers shall
be deposited to the credit of a revolving fund established in the
Treasury of the United States. All premium payments and extra hazard
costs on Servicemen's Group Life Insurance and the administrative cost
to the Department of insurance issued under this subchapter shall be
paid from the revolving fund.
(2) The Secretary is authorized to set aside out of the revolving
fund such amounts as may be required to meet the administrative costs to
the Department of insurance issued under this subchapter and all current
premium payments and extra hazard costs on any insurance policy or
policies purchased under section 1966 of this title. The Secretary of
the Treasury is authorized to invest in and to sell and retire special
interest-bearing obligations of the United States for the account of the
revolving fund. Such obligations issued for this purpose shall have
maturities fixed with due regard for the needs of the fund and shall
bear interest at a rate equal to the average market yield (computed by
the Secretary of the Treasury on the basis of market quotations as of
the end of the calendar month next preceding the date of issue) on all
marketable interest-bearing obligations of the United States then
forming a part of the public debt which are not due or callable until
after the expiration of four years from the end of such calendar month;
except that where such average market yield is not a multiple of
one-eighth of 1 per centum, the rate of interest of such obligation
shall be the multiple of one-eighth of 1 per centum nearest such market
yield.
(3) Notwithstanding the provisions of section 1982 of this title, the
Secretary shall, from time to time, determine the administrative costs
to the Department which in the Secretary's judgment are properly
allocable to insurance issued under this subchapter and shall transfer
such cost from the revolving fund to the appropriation ''General
Operating Expenses, Department''. /1/
(e) The premiums for Servicemen's Group Life Insurance placed in
effect or continued in force for a member assigned to the Retired
Reserve of a uniformed service who meets the qualifications of section
1965(5)(C) of this title, shall be established under the criteria set
forth in section 1971(a) and (c) of this title, except that the
Secretary may provide for average premiums for such various age
groupings as the Secretary may determine to be necessary according to
sound actuarial principles, and shall include an amount necessary to
cover the administrative cost of such insurance to the company or
companies issuing or continuing such insurance. Such premiums shall be
payable by the insureds thereunder as provided by the Secretary directly
to the administrative office established for such insurance under
section 1966(b) of this title. The provisions of sections /2/
1971(d) and (e) of this title shall be applicable to Servicemen's
Group Life Insurance continued in force or issued to a member assigned
to the Retired Reserve of a uniformed service. However, a separate
accounting may be required by the Secretary for insurance issued to or
continued in force on the lives of members assigned to the Retired
Reserve and for other insurance in force under this subchapter. In such
accounting, the Secretary is authorized to allocate claims and other
costs among such programs of insurance according to accepted actuarial
principles.
(f) The Secretary of Defense shall prescribe regulations for the
administration of the functions of the Secretaries of the military
departments under this section. Such regulations shall prescribe such
procedures as the Secretary of Defense, after consultation with the
Secretary, may consider necessary to ensure that such functions are
carried out in a timely and complete manner and in accordance with the
provisions of this section, including specifically the provisions of
subsection (a)(2) of this section relating to contributions from
appropriations made for active duty pay.
(g)(1) No tax, fee, or other monetary payment may be imposed or
collected by any State, or by any political subdivision or other
governmental authority of a State, on or with respect to any premium
paid under an insurance policy purchased under this subchapter.
(2) Paragraph (1) of this subsection shall not be construed to exempt
any company issuing a policy of insurance under this subchapter from the
imposition, payment, or collection of a tax, fee, or other monetary
payment on the net income or profit accruing to or realized by that
company from business conducted under this subchapter, if that tax, fee,
or payment is applicable to a broad range of business activity.
(Added Pub. L. 89-214, 1(a), Sept. 29, 1965, 79 Stat. 881, 769;
amended Pub. L. 91-291, 4, June 25, 1970, 84 Stat. 329; Pub. L.
93-289, 6, 10(2), May 24, 1974, 88 Stat. 168, 172; Pub. L. 97-66,
title IV, 402, Oct. 17, 1981, 95 Stat. 1031; Pub. L. 99-576, title
VII, 701(39), Oct. 28, 1986, 100 Stat. 3293; Pub. L. 100-322, title
III, 332(a), May 20, 1988, 102 Stat. 537; renumbered 1969 and amended
Pub. L. 102-83, 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 769 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1965(5)(B)'' for
''765(5)(B)'', ''1965(5)(C)'' for ''765(5)(C)'', and ''1966'' for
''766'' in par. (2).
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (d)(1). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration''.
Subsec. (d)(2). Pub. L. 102-83, 5(c)(1), substituted ''1966'' for
''766''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Subsec. (d)(3). Pub. L. 102-83, 5(c)(1), substituted ''1982'' for
''782''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' and ''Secretary's'' for ''Administrator's''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in two places.
Subsec. (e). Pub. L. 102-83, 5(c)(1), substituted ''1965(5)(C)'' for
''765(5)(C)'', ''1971(a)'' for ''771(a)'', ''1966(b)'' for ''766(b)'',
and ''1971(d)'' for ''771(d)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Subsec. (f). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1988 -- Subsec. (g). Pub. L. 100-322 added subsec. (g).
1986 -- Subsec. (a)(1). Pub. L. 99-576, 701(39)(A), substituted
''the member's'' for ''his''.
Subsec. (a)(3). Pub. L. 99-576, 701(39)(B), substituted ''the
member'' for ''him''.
Subsec. (a)(4). Pub. L. 99-576, 701(39)(C), substituted ''the
member'' for ''him'' in two places and ''the member's'' for ''his''.
Subsec. (b). Pub. L. 99-576, 701(39)(D), substituted ''the
Administrator'' for ''he'' before ''shall determine''.
Subsec. (d)(3). Pub. L. 99-576, 701(39)(E), substituted ''the
Administrator's'' for ''his''.
Subsec. (e). Pub. L. 99-576, 701(39)(F), substituted ''the
Administrator'' for ''he'' before ''may determine''.
1981 -- Subsec. (f). Pub. L. 97-66 added subsec. (f).
1974 -- Subsec. (a)(1). Pub. L. 93-289, 6(1), substituted ''is
insured under Servicemen's Group Life Insurance'' for ''is insured under
a policy of insurance purchased by the Administrator, under section 766
of this title''.
Subsec. (a)(2). Pub. L. 93-289, 6(2), added par. (2). Former par.
(2) redesignated (3).
Subsec. (a)(3). Pub. L. 93-289, 6(1), (2), redesignated former par.
(2) as (3), and substituted ''is insured under Servicemen's Group Life
Insurance'' for ''is insured under a policy of insurance purchased by
the Administrator, under section 766 of this title.'' Former par. (3)
redesignated (4).
Subsec. (a)(4). Pub. L. 93-289, 6(2), (3), redesignated former par.
(3) as (4), and substituted ''paragraph (1) or (2) hereof, or fiscal
year amount under paragraph (3) hereof'', for ''subsection (1) hereof,
or fiscal year amount under subsection (2) hereof'', and ''Servicemen's
Group Life Insurance'' for ''this subchapter'' in two places, and for
''insurance under this subchapter''.
Subsec. (b). Pub. L. 93-289, 6(4), substituted ''Servicemen's Group
Life Insurance'' for ''such insurance'' in first sentence, and
''Servicemen's Group Life Insurance'' for ''this subchapter'' in second
sentence.
Subsec. (c). Pub. L. 93-289, 6(5), substituted ''Servicemen's Group
Life Insurance'' for ''any such insurance''.
Subsec. (d)(1). Pub. L. 93-289, 6(6), substituted ''Servicemen's
Group Life Insurance'' for ''any insurance policy or policies purchased
under section 766 of this title''.
Subsec. (d)(3). Pub. L. 93-289, 10(2), capitalized ''Operating
Expenses''.
Subsec. (e). Pub. L. 93-289, 6(7), added subsec. (e).
1970 -- Subsec. (a). Pub. L. 91-291, 4(1), separated provisions
covering deduction of the cost of insurance from the pay of members into
provisions covering such deduction in the case of persons on active duty
or active duty for training under a call or order to such duty that does
not specify a period of not less than thirty-one days and provisions
covering such deduction in the case of persons on active duty or active
duty for training under a call or order to such duty specifying a period
of less than thirty-one days or persons authorized or required to
perform inactive duty training scheduled in advance by competent
authority and inserted provision for the collection of sums from
individuals by the Secretary concerned.
Subsec. (b). Pub. L. 91-291, 4(1), substituted the mortality which
members and former members of the uniform services concerned would have
been under peacetime conditions as determined by the Administrator for
the mortality of the male civilian population of the United States of
the same age as the median age of members of the uniformed services as
shown by the records of the uniformed services, the primary insurer or
insurers, and the Department of Health, Education, and Welfare as the
standard against which the excess mortality suffered by members of the
uniformed services would be measured to determine the extent to which
the cost of insurance was traceable to the extra hazard of active duty
in the uniformed services.
Subsec. (d)(1). Pub. L. 91-291, 4(2), inserted reference to
collection of sums by Secretary concerned.
Section 332(b) of Pub. L. 100-322 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect with
respect to premiums paid for periods beginning after June 30, 1988.''
Amendment by Pub. L. 97-66 effective Oct. 17, 1981, see section
701(b)(1) of Pub. L. 97-66, set out as a note under section 1114 of
this title.
Amendment by Pub. L. 91-291 effective June 25, 1970, see section
14(a) of Pub. L. 91-291, set out as a note under section 1317 of this
title.
/1/ So in original. Probably should be ''Department of Veterans
Affairs''.
/2/ So in original. Probably should be ''section''.
38 USC 1970. Beneficiaries; payment of insurance
TITLE 38 -- VETERANS' BENEFITS
(a) Any amount of insurance under this subchapter in force on any
member or former member on the date of the insured's death shall be
paid, upon the establishment of a valid claim therefor, to the person or
persons surviving at the date of the insured's death, in the following
order of precedence:
First, to the beneficiary or beneficiaries as the member or former
member may have designated by a writing received prior to death (1) in
the uniformed services if insured under Servicemen's Group Life
Insurance, or (2) in the administrative office established under section
1966(b) of this title if separated or released from service, or if
assigned to the Retired Reserve, and insured under Servicemen's Group
Life Insurance, or if insured under Veterans' Group Life Insurance;
Second, if there be no such beneficiary, to the widow or widower of
such member or former member;
Third, if none of the above, to the child or children of such member
or former member and descendants of deceased children by representation;
Fourth, if none of the above, to the parents of such member or former
member or the survivor of them;
Fifth, if none of the above, to the duly appointed executor or
administrator of the estate of such member or former member;
Sixth, if none of the above, to other next of kin of such member or
former member entitled under the laws of domicile of such member or
former member at the time of the insured's death.
(b) If any person otherwise entitled to payment under this section
does not make claim therefor within one year after the death of the
member or former member, or if payment to such person within that period
is prohibited by Federal statute or regulation, payment may be made in
the order of precedence as if such person had predeceased the member or
former member, and any such payment shall be a bar to recovery by any
other person.
(c) If, within two years after the death of the member or former
member, no claim for payment has been filed by any person entitled under
the order of precedence set forth in this section, and neither the
Secretary nor the administrative office established by the insurance
company or companies pursuant to section 1966(b) of this title has
received any notice that any such claim will be made, payment may be
made to a claimant as may in the judgment of the Secretary be equitably
entitled thereto, and such payment shall be a bar to recovery by any
other person.
(d) The member may elect settlement of insurance under this
subchapter either in a lump sum or in thirty-six equal monthly
installments. If no such election is made by the member the beneficiary
or beneficiaries may elect settlement either in a lump sum or in
thirty-six equal monthly installments. If the member has elected
settlement in a lump sum, the beneficiary or beneficiaries may elect
settlement in thirty-six equal monthly installments.
(e) Until and unless otherwise changed, a beneficiary designation and
settlement option filed by a member with the member's uniformed service
under prior provisions of law will be effective with respect to the
increased insurance authorized under the Veterans' Insurance Act of 1974
and the insurance shall be settled in the same proportionate amount as
the portion designated for such beneficiary or beneficiaries bore to the
amount of insurance heretofore in effect.
(f) Notwithstanding the provisions of any other law, payment of
matured Servicemen's Group Life Insurance or Veterans' Group Life
Insurance benefits may be made directly to a minor widow or widower on
his or her own behalf, and payment in such case shall be a complete
acquittance to the insurer.
(g) Payments of benefits due or to become due under Servicemen's
Group Life Insurance or Veterans' Group Life Insurance made to, or on
account of, a beneficiary shall be exempt from taxation, shall be exempt
from the claims of creditors, and shall not be liable to attachment,
levy, or seizure by or under any legal or equitable process whatever,
either before or after receipt by the beneficiary. The preceding
sentence shall not apply to (1) collection of amounts not deducted from
the member's pay, or collected from him by the Secretary concerned under
section 1969(a) of this title, (2) levy under subchapter D of chapter 64
of the Internal Revenue Code of 1986 (26 U.S.C. 6331 et seq.) (relating
to the seizure of property for collection of taxes), and (3) the
taxation of any property purchased in part or wholly out of such
payments.
(h) Insurance payable under this subchapter may not be paid in any
amount to the extent that such amount would escheat to a State. Payment
of insurance under this subchapter may not be made to the estate of the
insured or the estate of any beneficiary of the insured unless it is
affirmatively shown that any amount to be paid will not escheat to a
State. Any amount to be paid under this subchapter shall be reduced to
the extent necessary to comply with this subsection.
(Added Pub. L. 89-214, 1(a), Sept. 29, 1965, 79 Stat. 883, 770;
amended Pub. L. 91-291, 5, June 25, 1970, 84 Stat. 330; Pub. L.
93-289, 7, May 24, 1974, 88 Stat. 169; Pub. L. 97-295, 4(31), Oct.
12, 1982, 96 Stat. 1307; Pub. L. 97-306, title IV, 401(a), Oct. 14,
1982, 96 Stat. 1442; Pub. L. 99-576, title VII, 701(40), Oct. 28,
1986, 100 Stat. 3294; Pub. L. 102-54, 14(b)(17), June 13, 1991, 105
Stat. 284; renumbered 1970 and amended Pub. L. 102-83, 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
Veterans' Insurance Act of 1974, referred to in subsec. (e), is Pub.
L. 93-289, May 24, 1974, 88 Stat. 165, as amended, which enacted
sections 777, 778, and 779 (now 1977, 1978, and 1979) of this title,
section 707 of Title 37, Pay and Allowances of the Uniformed Services,
amended sections 723, 765, 767 to 771, and 774 (now 1923, 1965, 1967 to
1971, and 1974) of this title, and enacted provisions set out as notes
under sections 723, 765, 767, and 768 (now 1923, 1965, 1967, and 1968)
of this title and section 707 of Title 37. For complete classification
of this Act to the Code, see Tables.
Subchapter D of chapter 64 of the Internal Revenue Code of 1986,
referred to in subsec. (g)(3), is classified to subchapter D ( 6331 et
seq.) of chapter 64 of Title 26, Internal Revenue Code.
1991 -- Pub. L. 102-83, 5(a), renumbered section 770 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1966(b)'' for
''766(b)''.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''1966(b)'' for
''766(b)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in two places.
Subsec. (g)(1). Pub. L. 102-83, 5(c)(1), substituted ''1969(a)'' for
''769(a)''.
Subsec. (g)(2). Pub. L. 102-54 substituted ''Internal Revenue Code of
1986'' for ''Internal Revenue Code of 1954''.
1986 -- Subsec. (a). Pub. L. 99-576, 701(40)(A), substituted ''the
insured's'' for ''his'' in two places in introductory text and in one
place in par. Sixth.
Subsec. (e). Pub. L. 99-576, 701(40)(B), substituted ''the
member's'' for ''his''.
1982 -- Subsec. (c). Pub L. 97-306, 401(a)(1), struck out
provision that if, within four years after the death of the member or
former member, payment had not been made pursuant to this section and no
claim for payment by any person entitled under this section was pending,
the amount payable would escheat to the credit of the revolving fund
referred to in section 769(d) of this title.
Subsec. (g). Pub. L. 97-295 inserted ''(26 U.S.C. 6331 et seq.)''
after ''Code of 1954''.
Subsec. (h). Pub. L. 97-306, 401(a)(2), added subsec. (h).
1974 -- Subsec. (a). Pub. L. 93-289, 7(1), included in par. First
writings received in the administrative office established under section
766(b) of this title if separated or released from service, or if
assigned to the Retired Reserve, and insured under Servicemen's Group
Life Insurance, or if insured under Veterans' Group Life Insurance.
Subsec. (e). Pub. L. 93-289, 7(2), substituted ''the Veterans'
Insurance Act of 1974'' for ''this amendatory Act''.
Subsecs. (f), (g). Pub. L. 93-289, 7(3), included payment of
benefits under Veterans' Group Life Insurance.
1970 -- Subsecs. (e) to (g). Pub. L. 91-291 added subsecs. (e) to
(g).
Section 401(b) of Pub. L. 97-306 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect on
October 1, 1982.''
Amendment by Pub. L. 91-291 effective June 25, 1970, see section
14(a) of Pub. L. 91-291, set out as a note under section 1317 of this
title.
38 USC 1971. Basic tables of premiums; readjustment of rates
TITLE 38 -- VETERANS' BENEFITS
(a) Each policy or policies purchased under section 1966 of this
title shall include for the first policy year a schedule of basic
premium rates by age which the Secretary shall have determined on a
basis consistent with the lowest schedule of basic premium rates
generally charged for new group life insurance policies issued to large
employers, this schedule of basic premium rates by age to be applied,
except as otherwise provided in this section, to the distribution by age
of the amount of group life insurance under the policy at its date of
issue to determine an average basic premium per $1,000 of insurance.
Each policy so purchased shall also include provisions whereby the basic
rates of premium determined for the first policy year shall be continued
for subsequent policy years, except that they may be readjusted for any
subsequent year, based on the experience under the policy, such
readjustment to be made by the insurance company or companies issuing
the policy on a basis determined by the Secretary in advance of such
year to be consistent with the general practice of life insurance
companies under policies of group life insurance issued to large
employers.
(b) The total premiums for Servicemen's Group Life Insurance shall be
the sum of the amounts computed according to the provisions of
subsection (a) above and the estimated cost traceable to the extra
hazard of active duty in the uniformed services as determined by the
Secretary, subject to the provision that such estimated costs traceable
to the extra hazard shall be retroactively readjusted annually in
accordance with section 1969(b).
(c) Each policy so purchased shall include a provision that, in the
event the Secretary determines that ascertaining the actual age
distribution of the amounts of group life insurance in force at the date
of issue of the policy or at the end of the first or any subsequent year
of insurance thereunder would not be possible except at a
disproportionately high expense, the Secretary may approve the
determination of a tentative average group life premium, for the first
or any subsequent policy year, in lieu of using the actual age
distribution. Such tentative average premium rate shall be redetermined
by the Secretary during any policy year upon request by the insurance
company or companies issuing the policy, if experience indicates that
the assumptions made in determining the tentative average premium rate
for that policy year were incorrect.
(d) Each policy so purchased shall contain a provision stipulating
the maximum expense and risk charges for the first policy year, which
charges shall have been determined by the Secretary on a basis
consistent with the general level of such charges made by life insurance
companies under policies of group life insurance issued to large
employers. Such maximum charges shall be continued from year to year,
except that the Secretary may redetermine such maximum charges for any
year either by agreement with the insurance company or companies issuing
the policy or upon written notice given by the Secretary to such
companies at least one year in advance of the beginning of the year for
which such redetermined maximum charges will be effective.
(e) Each such policy shall provide for an accounting to the Secretary
not later than ninety days after the end of each policy year, which
shall set forth, in a form approved by the Secretary, (1) the amounts of
premiums actually accrued under the policy from its date of issue to the
end of such policy year, (2) the total of all mortality and other claim
charges incurred for that period, and (3) the amounts of the insurers'
expense and risk charge for that period. Any excess of the total of
item (1) over the sum of items (2) and (3) shall be held by the
insurance company or companies issuing the policy as a special
contingency reserve to be used by such insurance company or companies
for charges under such policy only, such reserve to bear interest at a
rate to be determined in advance of each policy year by the insurance
company or companies issuing the policy, which rate shall be approved by
the Secretary as being consistent with the rates generally used by such
company or companies for similar funds held under other group life
insurance policies. If and when the Secretary determines that such
special contingency reserve has attained an amount estimated by the
Secretary to make satisfactory provision for adverse fluctuations in
future charges under the policy, any further excess shall be deposited
to the credit of the revolving fund established under section 1969(d)(1)
of this title. If and when such policy is discontinued, and if after
all charges have been made, there is any positive balance remaining in
such special contingency reserve, such balance shall be deposited to the
credit of the revolving fund, subject to the right of the insurance
company or companies issuing the policy to make such deposit in equal
monthly installments over a period of not more than two years.
(Added Pub. L. 89-214, 1(a), Sept. 29, 1965, 79 Stat. 884, 771;
amended Pub. L. 93-289, 8, May 24, 1974, 88 Stat. 169; renumbered
1971 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 771 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1966'' for
''766''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in two places.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''1969(b)'' for
''769(b)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Subsecs. (c), (d). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (e). Pub. L. 102-83, 5(c)(1), substituted ''1969(d)(1)'' for
''769(d)(1)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
1974 -- Subsec. (b). Pub. L. 93-289, 8(1), substituted ''premiums
for Servicemen's Group Life Insurance'' for ''premiums for the policy or
policies''.
Subsec. (e). Pub. L. 93-289, 8(2), substituted ''section 769(d)(1)
of this title'' for ''section 766 of this title''.
38 USC 1972. Benefit certificates
TITLE 38 -- VETERANS' BENEFITS
The Secretary shall arrange to have each member insured under a
policy purchased under section 1966 of this title receive a certificate
setting forth the benefits to which the member is entitled thereunder,
to whom such benefit shall be payable, to whom claims should be
submitted, and summarizing the provisions of the policy principally
affecting the member. Such certificate shall be in lieu of the
certificate which the insurance company or companies would otherwise be
required to issue.
(Added Pub. L. 89-214, 1(a), Sept. 29, 1965, 79 Stat. 885, 772;
renumbered 1972 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 772 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1966'' for ''766''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
38 USC 1973. Forfeiture
TITLE 38 -- VETERANS' BENEFITS
Any person guilty of mutiny, treason, spying, or desertion, or who,
because of conscientious objections, refuses to perform service in the
Armed Forces of the United States or refuses to wear the uniform of such
force, shall forfeit all rights to Servicemen's Group Life Insurance
under this subchapter. No such insurance shall be payable for death
inflicted as a lawful punishment for crime or for military or naval
offense, except when inflicted by an enemy of the United States.
(Added Pub. L. 89-214, 1(a), Sept. 29, 1965, 79 Stat. 885, 773;
renumbered 1973, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 773 of this title as this
section.
38 USC 1974. Advisory Council on Servicemen's Group Life Insurance
TITLE 38 -- VETERANS' BENEFITS
(a) There is an Advisory Council on Servicemen's Group Life
Insurance. The council consists of --
(1) the Secretary of the Treasury, who is the chairman of the
council;
(2) the Secretary of Defense;
(3) the Secretary of Commerce;
(4) the Secretary of Health and Human Services;
(5) the Secretary of Transportation; and
(6) the Director of the Office of Management and Budget.
Members of the council shall serve without additional compensation.
(b) The council shall meet at least once a year, or more often at the
call of the Secretary of Veterans Affairs. The council shall review the
operations of the Department under this subchapter and shall advise the
Secretary on matters of policy relating to the Secretary's activities
under this subchapter.
(Added Pub. L. 89-214, 1(a), Sept. 29, 1965, 79 Stat. 885, 774;
amended Pub. L. 91-291, 6, June 25, 1970, 84 Stat. 331; Pub. L.
93-289, 10(3), May 24, 1974, 88 Stat. 172; Pub. L. 97-295, 4(95)(A),
Oct. 12, 1982, 96 Stat. 1313; Pub. L. 99-576, title VII, 701(41), Oct.
28, 1986, 100 Stat. 3294; Pub. L. 102-54, 14(b)(18), June 13, 1991,
105 Stat. 284; renumbered 1974, Pub. L. 102-83, 5(a), Aug. 6, 1991,
105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 774 of this title as this
section.
Pub. L. 102-54 amended section generally. Prior to amendment,
section read as follows: ''There is hereby established an Advisory
Council on Servicemen's Group Life Insurance consisting of the Secretary
of the Treasury as Chairman, the Secretary of Defense, the Secretary of
Commerce, the Secretary of Health and Human Services, the Secretary of
Transportation, and the Director of the Office of Management and Budget
each of whom shall serve without additional compensation. The Council
shall meet once a year, or oftener at the call of the Administrator, and
shall review the operations under this subchapter and advise the
Administrator on matters of policy relating to the Administrator
activities thereunder.''
1986 -- Pub. L. 99-576 substituted ''the Administrator'' for ''his''
before ''activities''.
1982 -- Pub. L. 97-295 substituted ''Health and Human Services'' for
''Health, Education, and Welfare''.
1974 -- Pub. L. 93-289 substituted ''Office of Management and
Budget'' for ''Bureau of the Budget''.
1970 -- Pub. L. 91-291 added the Secretary of Transportation to the
membership of the Advisory Council on Servicemen's Group Life Insurance.
Amendment by Pub. L. 91-291 effective June 25, 1970, see section
14(a) of Pub. L. 91-291, set out as a note under section 1317 of this
title.
Advisory councils in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a council established by the President or an
officer of the Federal Government, such council is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a council established by the Congress, its duration is
otherwise provided by law. See sections 3(2) and 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
Title 5, Government Organization and Employees.
38 USC 1975. Jurisdiction of District Courts
TITLE 38 -- VETERANS' BENEFITS
The district courts of the United States shall have original
jurisdiction of any civil action or claim against the United States
founded upon this subchapter.
(Added Pub. L. 89-214, 1(a), Sept. 29, 1965, 79 Stat. 885, 775;
renumbered 1975, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 775 of this title as this
section.
38 USC 1976. Effective date
TITLE 38 -- VETERANS' BENEFITS
The insurance provided for in this subchapter and the deductions and
contributions for that purpose shall take effect on the date designated
by the Secretary and certified by the Secretary to each Secretary
concerned.
(Added Pub. L. 89-214, 1(a), Sept. 29, 1965, 79 Stat. 885, 776;
amended Pub. L. 99-576, title VII, 701(42), Oct. 28, 1986, 100 Stat.
3294; renumbered 1976 and amended Pub. L. 102-83, 4(b)(1), (2)(E),
5(a), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 776 of this title
as this section and substituted ''Secretary'' for ''Administrator'' in
two places.
1986 -- Pub. L. 99-576 substituted ''the Administrator'' for ''him''
after ''certified by''.
Section 3 of Pub. L. 89-214, as amended by Pub. L. 89-730,
6(a)-(d), Nov. 2, 1966, 80 Stat. 1159, provided for payment of a death
gratuity of up to $5,000 in certain cases of death of veterans while in
active military, naval, or air service during the period from Jan. 1,
1957, to the date immediately preceding the date on which the
Servicemen's Group Life Insurance program was placed in effect under
this section, and required that an application for such gratuity had to
be made within one year after Sept. 29, 1965.
Pub. L. 89-730, 6(e), Nov. 2, 1966, 80 Stat. 1159, provided that
any waiver of future benefits executed by any person under section 3(a)
of Pub. L. 89-214 (see above), as in effect prior to Nov. 2, 1966, was
to have no effect.
Pub. L. 89-730, 6(f), Nov. 2, 1966, 80 Stat. 1159, provided that
in any case in which the death gratuity paid to any person under section
3 of Pub. L. 89-214 (see above), was reduced pursuant to clause (B) of
subsection (c)(1) of such section, as in effect prior to Nov. 2, 1966,
the Administrator of Veterans' Affairs was to pay to such person an
amount equal to the amount by which such death gratuity was reduced.
Pub. L. 89-730, 6(g), Nov. 2, 1966, 80 Stat. 1159, provided that
notwithstanding the time limitation prescribed in section 3(a) of Pub.
L. 89-214 (see above), any application for death gratuity filed under
such section shall be valid if filed within one year after Nov. 2,
1966.
38 USC 1977. Veterans' Group Life Insurance
TITLE 38 -- VETERANS' BENEFITS
(a) Veterans' Group Life Insurance shall be issued in the amounts
specified in section 1967(a) and (e) of this title. In the case of any
individual, the amount of Veterans' Group Life Insurance may not exceed
the amount of Servicemen's Group Life Insurance coverage continued in
force after the expiration of the period of duty or travel under section
1967(b) and (e) or 1968(a) of this title. No person may carry a
combined amount of Servicemen's Group Life Insurance and Veterans' Group
Life Insurance in excess of $200,000 at any one time. Any person
insured under Veterans' Group Life Insurance who again becomes insured
under Servicemen's Group Life Insurance may within 60 days after
becoming so insured convert any or all of such person's Veterans' Group
Life Insurance to an individual policy of insurance under subsection
(e). However, if such a person dies within the 60-day period and before
converting such person's Veterans' Group Life Insurance, Veterans' Group
Life Insurance will be payable only if such person is insured for less
than $200,000 under Servicemen's Group Life Insurance, and then only in
an amount which when added to the amount of Servicemen's Group Life
Insurance payable shall not exceed $200,000.
(b) Veterans' Group Life Insurance shall (1) provide protection
against death; (2) be issued on a renewable five-year term basis; (3)
have no cash, loan, paid-up, or extended values; (4) except as
otherwise provided, lapse for nonpayment of premiums; and (5) contain
such other terms and conditions as the Secretary determines to be
reasonable and practicable which are not specifically provided for in
this section, including any provisions of this subchapter not
specifically made inapplicable by the provisions of this section.
(c) The premiums for Veterans' Group Life Insurance shall be
established under the criteria set forth in sections 1971(a) and (c) of
this title, except that the Secretary may provide for average premiums
for such various age groupings as the Secretary may decide to be
necessary according to sound actuarial principles, and shall include an
amount necessary to cover the administrative cost of such insurance to
the company or companies issuing such insurance. Such premiums shall be
payable by the insureds thereunder as provided by the Secretary directly
to the administrative office established for such insurance under
section 1966(b) of this title. In any case in which a member or former
member who was mentally incompetent on the date such member or former
member first became insured under Veterans' Group Life Insurance dies
within one year of such date, such insurance shall be deemed not to have
lapsed for nonpayment of premiums and to have been in force on the date
of death. Where insurance is in force under the preceding sentence, any
unpaid premiums may be deducted from the proceeds of the insurance. Any
person who claims eligibility for Veterans' Group Life Insurance based
on disability incurred during a period of duty shall be required to
submit evidence of qualifying health conditions and, if required, to
submit to physical examinations at their own expense.
(d) Any amount of Veterans' Group Life Insurance in force on any
person on the date of such person's death shall be paid, upon the
establishment of a valid claim therefor, pursuant to the provisions of
section 1970 of this title. However, any designation of beneficiary or
beneficiaries for Servicemen's Group Life Insurance filed with a
uniformed service until changed, shall be considered a designation of
beneficiary or beneficiaries for Veterans' Group Life Insurance, but not
for more than sixty days after the effective date of the insured's
Veterans' Group Insurance, unless at the end of such sixty-day period,
the insured is incompetent in which event such designation may continue
in force until the disability is removed but not for more than five
years after the effective date of the insured's Veterans' Group Life
Insurance. Except as indicated above in incompetent cases, after such
sixty-day period, any designation of beneficiary or beneficiaries for
Veterans' Group Life Insurance to be effective must be by a writing
signed by the insured and received by the administrative office
established under section 1966(b) of this title.
(e) An insured under Veterans' Group Life Insurance shall have the
right to convert such insurance to an individual policy of life
insurance upon written application for conversion made to the
participating company the insured selects and payment of the required
premiums. The individual policy will be issued without medical
examination on a plan then currently written by such company which does
not provide for the payment of any sum less than the face value thereof
or for the payment of an additional amount as premiums in the event the
insured performs active duty, active duty for training, or inactive duty
training. The individual policy will be effective the day after the
insured's Veterans' Group Life Insurance terminates by expiration of the
five-year term period, except in a case where the insured is eligible to
convert at an earlier date by reason of again having become insured
under Servicemen's Group Life Insurance, in which event the effective
date of the individual policy may not be later than the sixty-first day
after the insured again became so insured. Upon request to the
administrative office established under section 1966(b) of this title,
an insured under Veterans' Group Life Insurance shall be furnished a
list of life insurance companies participating in the program
established under this subchapter. In addition to the life insurance
companies participating in the program established under this
subchapter, the list furnished to an insured under this section shall
include additional life insurance companies (not so participating) which
meet qualifying criteria, terms, and conditions established by the
Secretary and agree to sell insurance to former members in accordance
with the provisions of this section.
(f) The provisions of sections /1/ 1971(d) and (e) of this title
shall be applicable to Veterans' Group Life Insurance. However, a
separate accounting shall be required for each program of insurance
authorized under this subchapter. In such accounting, the Secretary is
authorized to allocate claims and other costs among such programs of
insurance according to accepted actuarial principles.
(g) Any person whose Servicemen's Group Life Insurance was continued
in force after termination of duty or discharge from service under the
law as in effect prior to the date on which the Veterans' Group Life
Insurance program (provided for under section 1977 of this title) became
effective, and whose coverage under Servicemen's Group Life Insurance
terminated less than four years prior to such date, shall be eligible
within one year from the effective date of the Veterans' Group Life
Insurance program to apply for and be granted Veterans' Group Life
Insurance in an amount equal to the amount of the insured's Servicemen's
Group Life Insurance which was not converted to an individual policy
under prior law. Veterans' Group Life Insurance issued under this
subsection shall be issued for a term period equal to five years, less
the time elapsing between the termination of the applicant's
Servicemen's Group Life Insurance and the effective date on which the
Veterans' Group Life Insurance program became effective. Veterans'
Group Life Insurance under this subsection shall only be issued upon
application to the administrative office established under section
1966(b) of this title, payment of the required premium, and proof of
good health satisfactory to that office, which proof shall be submitted
at the applicant's own expense. Any person who cannot meet the good
health requirements for insurance under this subsection solely because
of a service-connected disability shall have such disability waived.
For each month for which any eligible veteran, whose service-connected
disabilities are waived, is insured under this subsection there shall be
contributed to the insurer or insurers issuing the policy or policies
from the appropriation ''Compensation and Pensions, Department of
Veterans Affairs'' an amount necessary to cover the cost of the
insurance in excess of the premiums established for eligible veterans,
including the cost of the excess mortality attributable to such
veteran's service-connected disabilities. The Secretary may establish,
as the Secretary may determine to be necessary according to sound
actuarial principles, a separate premium, age groupings for premium
purposes, accounting, and reserves, for persons granted insurance under
this subsection different from those established for other persons
granted insurance under this section. Appropriations to carry out the
purpose of this section are hereby authorized.
(h)(1) Notwithstanding any other provision of law, members of the
Individual Ready Reserve and the Inactive National Guard are eligible to
be insured under Veterans' Group Life Insurance. Any such member shall
be so insured upon submission of an application in the manner prescribed
by the Secretary and the payment of premiums as required under this
section.
(2) In accordance with subsection (b), Veterans' Group Life Insurance
coverage under this subsection shall be issued on a renewable five-year
term basis, but the person insured must remain a member of the
Individual Ready Reserve or Inactive National Guard throughout the
period of the insurance in order for the insurance of such person to be
renewed.
(3) For the purpose of this subsection, the terms ''Individual Ready
Reserve'' and ''Inactive National Guard'' shall have the meanings
prescribed by the Secretary in consultation with the Secretary of
Defense.
(Added Pub. L. 93-289, 9(a), May 24, 1974, 88 Stat. 169, 777;
amended Pub. L. 97-66, title IV, 401(b), Oct. 17, 1981, 95 Stat. 1031;
Pub. L. 99-166, title IV, 401(b), Dec. 3, 1985, 99 Stat. 957; Pub. L.
99-576, title VII, 701(43), Oct. 28, 1986, 100 Stat. 3294; Pub. L.
102-25, title III, 336(b), Apr. 6, 1991, 105 Stat. 90; renumbered
1977 and amended Pub. L. 102-83, 4(a)(2)(B)(iii), (b)(1), (2)(E),
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403-406; Pub. L. 102-568, title
II, 202, Oct. 29, 1992, 106 Stat. 4324.)
1992 -- Subsec. (a). Pub. L. 102-568, 202(1), inserted ''and (e)''
after ''1967(a)'' and after ''1967(b)'', substituted ''$200,000'' for
''$100,000'' wherever appearing, ''60 days'' for ''sixty days'', and
''60-day period'' for ''sixty-day period'', and struck out ''of this
section'' after ''subsection (e)''.
Subsec. (b)(2). Pub. L. 102-568, 202(2), substituted ''renewable''
for ''nonrenewable''.
Subsec. (h)(2). Pub. L. 102-568, 202(3), substituted ''In accordance
with subsection (b)'' for ''Notwithstanding subsection (b)(2) of this
section''.
1991 -- Pub. L. 102-83, 5(a), renumbered section 777 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1967(a)'' for
''767(a)'' and ''1967(b) or 1968(a)'' for ''767(b) or 768(a)''.
Pub. L. 102-25 substituted ''$100,000'' for ''$50,000'' wherever
appearing.
Subsec. (b). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''1971(a)'' for
''771(a)'' and ''1966(b)'' for ''766(b)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''1970'' for
''770'' and ''1966(b)'' for ''766(b)''.
Subsec. (e). Pub. L. 102-83, 5(c)(1), substituted ''1966(b)'' for
''766(b)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Subsec. (f). Pub. L. 102-83, 5(c)(1), substituted ''1971(d)'' for
''771(d)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Subsec. (g). Pub. L. 102-83, 5(c)(1), substituted ''1977'' for
''777'' and ''1966(b)'' for ''766(b)''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in two places.
Pub. L. 102-83, 4(a)(2)(B)(iii), substituted ''Department of
Veterans Affairs'' for ''Veterans' Administration''.
Subsec. (h)(1), (3). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1986 -- Subsec. (a). Pub. L. 99-576, 701(43)(A), substituted ''such
person's'' for ''his'' in two places and ''such person'' for ''he''.
Subsec. (c). Pub. L. 99-576, 701(43)(B), substituted ''the
Administrator'' for ''he'' in first sentence and ''such member or former
member'' for ''he'' in third sentence.
Subsec. (d). Pub. L. 99-576, 701(43)(C), substituted ''such
person's'' for ''his''.
Subsec. (e). Pub. L. 99-576, 701(43)(D), substituted ''the insured''
for ''he'' in first and third sentences.
Subsec. (g). Pub. L. 99-576, 701(43)(E), substituted ''the
insured's'' for ''his'' and ''the Administrator'' for ''he''.
1985 -- Subsec. (a). Pub. L. 99-166, 401(b)(1), substituted
''Veterans' Group Life Insurance shall be issued in the amounts
specified in section 767(a) of this title. In the case of any
individual, the amount of Veterans' Group Life Insurance may not exceed
the amount of Servicemen's Group Life Insurance coverage continued in
force after the expiration of the period of duty or travel under section
767(b) or 768(a) of this title'' for ''Veterans' Group Life Insurance
shall be issued in the amount of $5,000, $10,000, $15,000, $20,000,
$25,000, $30,000 or $35,000 only'' and ''$50,000'' for ''$35,000'' in
three places.
Subsec. (h). Pub. L. 99-166, 401(b)(2), added subsec. (h).
1981 -- Subsec. (a). Pub. L. 97-66 inserted figures of $25,000,
$30,000, and $35,000 to the enumeration of allowable amounts in which
Veterans' Group Life Insurance may be issued, and substituted $35,000
for $20,000 as the maximum amount of combined Servicemen's Group Life
Insurance and Veterans' Group Life Insurance which a person may carry at
any one time and as the figure covering situations in which a person
insured under Veterans' Group Life Insurance dies within the sixty-day
period after having again become insured under Servicemen's Group Life
Insurance before converting his Veterans' Group Life Insurance to an
individual policy.
Amendment by Pub. L. 102-568 effective Dec. 1, 1992, see section
205 of Pub. L. 102-568, set out as an Effective Date note under section
1922A of this title.
Amendment by Pub. L. 99-166 effective Jan. 1, 1986, see section
401(c)(1) of Pub. L. 99-166, set out as a note under section 1967 of
this title.
Amendment by Pub. L. 97-66 effective Dec. 1, 1981, see section
701(b)(2) of Pub. L. 97-66, set out as a note under section 1114 of
this title.
Section effective first day of third calendar month following May
1974, see section 12(4) of Pub. L. 93-289, set out as an Effective Date
of 1974 Amendment note under section 1968 of this title.
/1/ So in original. Probably should be ''section''.
38 USC 1978. Reinstatement
TITLE 38 -- VETERANS' BENEFITS
Reinstatement of insurance coverage granted under this subchapter but
lapsed for nonpayment of premiums shall be under terms and conditions
prescribed by the Secretary.
(Added Pub. L. 93-289, 9(a), May 24, 1974, 88 Stat. 172, 778;
renumbered 1978 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a),
Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83 renumbered section 778 of this title as this
section and substituted ''Secretary'' for ''Administrator''.
Section effective first day of third calendar month following May
1974, see section 12(4) of Pub. L. 93-289, set out as an Effective Date
of 1974 Amendment note under section 1968 of this title.
38 USC 1979. Incontestability
TITLE 38 -- VETERANS' BENEFITS
Subject to the provision of section 1973 of this title, insurance
coverage granted under this subchapter shall be incontestable from the
date of issue, reinstatement, or conversion except for fraud or
nonpayment of premium.
(Added Pub. L. 93-289, 9(a), May 24, 1974, 88 Stat. 172, 779;
renumbered 1979 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 779 of this title as this
section and substituted ''1973'' for ''773''.
Section effective first day of third calendar month following May
1974, see section 12(4) of Pub. L. 93-289, set out as an Effective Date
of 1974 Amendment note under section 1968 of this title.
38 USC SUBCHAPTER IV -- GENERAL
TITLE 38 -- VETERANS' BENEFITS
1965 -- Pub. L. 89-214, 1(a), Sept. 29, 1965, 79 Stat. 880,
redesignated ''SUBCHAPTER III -- GENERAL'' as ''SUBCHAPTER IV --
GENERAL''.
38 USC 1981. Replacement of surrendered and expired insurance
TITLE 38 -- VETERANS' BENEFITS
(a) Any person who surrendered a policy of National Service Life
Insurance or United States Government life insurance on a permanent plan
for its cash value while in the active service after April 24, 1951, and
before January 1, 1957, who was entitled on December 31, 1958, to
reinstate or replace such insurance under section 623 of the National
Service Life Insurance Act of 1940, may, upon application in writing
made while on continuous active duty which began before January 1, 1959,
or within one hundred and twenty days after separation therefrom, be
granted, without medical examination, permanent plan insurance on the
same plan not in excess of the amount surrendered for cash, or may
reinstate such surrendered insurance upon payment of the required
reserve and the premium for the current month. Waiver of premiums and
total disability income benefits otherwise authorized under this chapter
shall not be denied in any case of issue or reinstatement of insurance
on a permanent plan under this section or the prior corresponding
provision of law in which it is shown to the satisfaction of the
Secretary that total disability of the applicant began before the date
of application. The cost of the premiums waived and total disability
income benefits paid by virtue of the preceding sentence and the excess
mortality cost in any case where the insurance matures by death from
such total disability shall be borne by the United States and the
Secretary shall transfer from time to time from the National Service
Life Insurance appropriation to the National Service Life Insurance Fund
and from the military and naval insurance appropriation to the United
States Government Life Insurance Fund such sums as may be necessary to
reimburse the funds for such costs.
(b) Any person who had United States Government life insurance or
National Service Life Insurance on the five-year level premium term
plan, the term of which expired while such person was in the active
service after April 25, 1951, or within one hundred and twenty days
after separation from such active service, and in either case before
January 1, 1957, who was entitled on December 31, 1958, to replace such
insurance under section 623 of the National Service Life Insurance Act
of 1940, shall, upon application made while on continuous active duty
which began before January 1, 1959, or within one hundred and twenty
days after separation therefrom, payment of premiums and evidence of
good health satisfactory to the Secretary, be granted an equivalent
amount of insurance on the five-year level premium term plan at the
premium rate for such person's then attained age.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1164, 781; Pub. L.
99-576, title VII, 701(44), Oct. 28, 1986, 100 Stat. 3294; renumbered
1981 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
Section 623 of the National Service Life Insurance Act of 1940,
referred to in subsecs. (a) and (b), is section 623 of act Oct. 8,
1940, ch. 757, title VI, pt. I, as added Aug. 1, 1956, ch. 837,
title V, 501(a)(4), 70 Stat. 880, which enacted section 824 of former
Title 38, Pensions, Bonuses, and Veterans' Relief, and which was
repealed and the provisions thereof reenacted as this section by Pub.
L. 85-857, Sept. 2, 1958, 72 Stat. 1105.
1991 -- Pub. L. 102-83 renumbered section 781 of this title as this
section and substituted ''Secretary'' for ''Administrator'' wherever
appearing.
1986 -- Subsec. (b). Pub. L. 99-576 substituted ''such person'' for
''he'' and ''such person's'' for ''his''.
38 USC 1982. Administrative cost
TITLE 38 -- VETERANS' BENEFITS
The United States shall bear the cost of administration in connection
with this chapter, including expenses for medical examinations,
inspections when necessary, printing and binding, and for such other
expenditures as are necessary in the discretion of the Secretary.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1165, 782; renumbered
1982 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
1991 -- Pub. L. 102-83 renumbered section 782 of this title as this
section and substituted ''Secretary'' for ''Administrator''.
38 USC 1983. Settlements for minors or incompetents
TITLE 38 -- VETERANS' BENEFITS
When an optional mode of settlement of National Service Life
Insurance or United States Government life insurance heretofore or
hereafter matured is available to a beneficiary who is a minor or
incompetent, such option may be exercised by such beneficiary's
fiduciary, person qualified under the Act of February 25, 1933 (25
U.S.C. 14), or person recognized by the Secretary as having custody of
the person or the estate of such beneficiary, and the obligation of the
United States under the insurance contract shall be fully satisfied by
payment of benefits in accordance with the mode of settlement so
selected.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1165, 783; Pub. L.
99-576, title VII, 701(45), Oct. 28, 1986, 100 Stat. 3294; Pub. L.
102-54, 14(b)(19), June 13, 1991, 105 Stat. 284; renumbered 1983 and
amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.
404-406.)
1991 -- Pub. L. 102-83 renumbered section 783 of this title as this
section and substituted ''Secretary'' for ''Administrator''.
Pub. L. 102-54 substituted ''the Act of February 25, 1933 (25 U.S.C.
14)'' for ''section 14 of title 25''.
1986 -- Pub. L. 99-576 substituted ''such beneficiary's'' for
''his''.
38 USC 1984. Suits on insurance
TITLE 38 -- VETERANS' BENEFITS
(a) In the event of disagreement as to claim, including claim for
refund of premiums, under contract of National Service Life Insurance,
United States Government life insurance, or yearly renewable term
insurance between the Secretary and any person or persons claiming
thereunder an action on the claim may be brought against the United
States either in the United States District Court for the District of
Columbia or in the district court of the United States in and for the
district in which such person or any one of them resides, and
jurisdiction is conferred upon such courts to hear and determine all
such controversies. All persons having or claiming to have an interest
in such insurance may be made parties to such suit, and such as are not
inhabitants of or found within the district in which suit is brought may
be brought in by order of the court to be served personally or by
publication or in such other reasonable manner as the court may direct.
In all cases where the Secretary acknowledges the indebtedness of the
United States upon any such contract of insurance and there is a dispute
as to the person or persons entitled to payment, a suit in the nature of
a bill of interpleader may be brought at the request of the Secretary in
the name of the United States against all persons having or claiming to
have any interest in such insurance in the United States District Court
for the District of Columbia or in the district court in and for the
district in which any such claimant resides; however, no less than
thirty days before instituting such suit the Secretary shall mail a
notice of such intention to each of the persons to be made parties to
the suit. The courts of appeals for the several circuits, including the
District of Columbia, shall respectively exercise appellate jurisdiction
and, except as provided in section 1254 of title 28, the decrees of such
courts of appeals shall be final.
(b) No suit on yearly renewable term insurance, United States
Government life insurance, or National Service Life Insurance shall be
allowed under this section unless the same shall have been brought
within six years after the right accrued for which the claim is made.
For the purposes of this section it shall be deemed that the right
accrued on the happening of the contingency on which the claim is
founded. The limitation of six years is suspended for the period
elapsing between the filing with the Secretary of the claim sued upon
and the denial of the claim. However, if a claim is timely filed the
claimant shall have not less than ninety days from the date of mailing
of notice of denial within which to file suit. After June 28, 1936,
notice of denial of the claim under a contract of insurance shall be by
registered mail or by certified mail directed to the claimant's last
address of record. Infants, insane persons, or persons under other
legal disability, or persons rated as incompetent or insane by the
Secretary shall have three years in which to bring suit after the
removal of their disabilities. If suit is seasonably begun and fails
for defect in process, or for other reasons not affecting the merits, a
new action, if one lies, may be brought within a year though the period
of limitation has elapsed. No State or other statute of limitations
shall be applicable to suits filed under this section.
(c) In any suit, action, or proceeding brought under the provisions
of this section subpenas for witnesses who are required to attend a
court of the United States in any district may run into any other
district. However, no writ of subpena shall issue for witnesses living
out of the district in which the court is held at a greater distance
than one hundred miles from the place of holding the same without the
permission of the court being first had upon proper application and
cause shown. The word ''district'' and the words ''district court'' as
used in this section shall be construed to include the District of
Columbia and the United States District Court for the District of
Columbia.
(d) Attorneys of the Department, when assigned to assist in the trial
of cases, and employees of the Department when ordered in writing by the
Secretary to appear as witnesses, shall be paid the regular travel and
subsistence allowance paid to other employees when on official travel
status.
(e) Part-time and fee-basis employees of the Department, in addition
to their regular travel and subsistence allowance, when ordered in
writing by the Secretary to appear as witnesses in suits under this
section, may be allowed, within the discretion and under written orders
of the Secretary, a fee in an amount not to exceed $50 per day.
(f) Employees of the Department who are subpenaed to attend the trial
of any suit, under the provisions of this section, as witnesses for a
party to such suit shall be granted court leave or authorized absence,
as applicable, for the period they are required to be away from the
Department in answer to such subpenas.
(g) Whenever a judgment or decree shall be rendered in an action
brought under the provisions of this section, the court, as a part of
its judgment or decree, shall determine and allow reasonable fees for
the attorneys of the successful party or parties and apportion same if
proper, said fees not to exceed 10 per centum of the amount recovered
and to be paid by the Department out of the payments to be made under
the judgment or decree at a rate not exceeding one-tenth of each of such
payments until paid; except that, in a suit brought by or on behalf of
an insured during the insured's lifetime for waiver of premiums on
account of total disability, the court, as part of its judgment or
decree, shall determine and allow a reasonable fee to be paid by the
insured to the insured's attorney.
(h) The term ''claim'' as used in this section means any writing
which uses words showing an intention to claim insurance benefits; and
the term ''disagreement'' means a denial of the claim, after
consideration on its merits, by the Secretary or any employee or
organizational unit of the Department heretofore or hereafter designated
therefor by the Secretary.
(i) The Attorney General of the United States is authorized to agree
to a judgment to be rendered by the chief judge of the United States
court having jurisdiction of the case, pursuant to compromise approved
by the Attorney General upon the recommendation of the United States
attorney charged with the defense, upon such terms and for sums within
the amount claimed to be payable, in any suit brought under the
provisions of this section, on a contract of yearly renewable term
insurance, and the Secretary shall make payments in accordance with any
such judgment. The Comptroller General of the United States shall allow
credit in the accounts of disbursing officers for all payments of
insurance made in accordance with any such judgment. All such judgments
shall constitute final settlement of the claim and no appeal therefrom
shall be authorized.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1165, 784; Pub. L.
86-507, 1(32), June 11, 1960, 74 Stat. 202; Pub. L. 97-295, 4(32),
Oct. 12, 1982, 96 Stat. 1307; Pub. L. 99-576, title VII, 701(46), Oct.
28, 1986, 100 Stat. 3294; renumbered 1984 and amended Pub. L. 102-83,
4(a)(2)(A)(iii)(VII), (VIII), (D)(ii), (3), (4), (b)(1), (2)(E), 5(a),
Aug. 6, 1991, 105 Stat. 403-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 784 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(a)(2)(A)(iii)(VII), substituted
''Secretary'' for ''Veterans' Administration'' wherever appearing.
Subsec. (b). Pub. L. 102-83, 4(a)(2)(D)(ii), substituted ''with the
Secretary'' for ''in the Veterans' Administration''.
Pub. L. 102-83, 4(a)(2)(A)(iii)(VIII), substituted ''Secretary'' for
''Veterans' Administration'' before ''shall''.
Subsec. (d). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in two places.
Subsec. (e). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Subsecs. (f), (g). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration'' wherever appearing.
Subsec. (h). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' in two places.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration''.
Subsec. (i). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator''.
1986 -- Subsec. (g). Pub. L. 99-576 substituted ''the insured's''
for ''his'' in two places.
1982 -- Subsec. (b). Pub. L. 97-295, 4(32)(A), substituted ''the
claim. However, if'' for ''said claim: Provided, That in any case in
which''.
Subsec. (c). Pub. L. 97-295, 4(32)(B), substituted ''district.
However,'' for ''district: Provided, That'', and substituted ''in this
section'' for ''herein'' after ''as used''.
1960 -- Subsec. (b). Pub. L. 86-507 inserted ''or by certified
mail'' after ''registered mail''.
38 USC 1985. Decisions by the Secretary
TITLE 38 -- VETERANS' BENEFITS
Except in the event of suit as provided in section 1984 of this
title, or other appropriate court proceedings, all decisions rendered by
the Secretary under the provisions of this chapter shall be final and
conclusive on all questions of law or fact, and no other official of the
United States shall have jurisdiction to review any such decisions.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1167, 785; renumbered
1985 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 785 of this title
as this section.
Pub. L. 102-83, 5(c)(1), substituted ''1984'' for ''784''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in section catchline and in text.
38 USC 1986. Deposits in and disbursements from trust funds
TITLE 38 -- VETERANS' BENEFITS
All cash balances in the United States Government Life Insurance Fund
and the National Service Life Insurance Fund on January 1, 1959,
together with all moneys thereafter accruing to such funds, including
premiums, appropriated moneys, the proceeds of any sales of investments
which may be necessary to meet current expenditures, and interest on
investments, shall be available for disbursement for meeting all
expenditures and making investments authorized to be made from such
funds.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1167, 786; renumbered
1986, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 786 of this title as this
section.
38 USC 1987. Penalties
TITLE 38 -- VETERANS' BENEFITS
(a) Any person who shall knowingly make or cause to be made, or
conspire, combine, aid, or assist in, agree to, arrange for, or in
anywise procure the making or presentation of a false or fraudulent
affidavit, declaration, certificate, statement, voucher, or paper, or
writing purporting to be such, concerning any application for insurance
or reinstatement thereof, waiver of premiums or claim for benefits under
National Service Life Insurance, United States Government life
insurance, or yearly renewable term insurance for any person, shall be
fined not more than $1,000, or be imprisoned for not more than one year,
or both.
(b) Whoever in any claim for National Service Life Insurance, United
States Government life insurance, or yearly renewable term insurance
makes any sworn statement of a material fact knowing it to be false,
shall be guilty of perjury and shall be fined not more than $5,000, or
be imprisoned for not more than two years, or both.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1167, 787; Pub. L.
99-576, title VII, 701(47), Oct. 28, 1986, 100 Stat. 3294; renumbered
1987, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 787 of this title as this
section.
1986 -- Subsec. (a). Pub. L. 99-576 substituted ''any'' for
''himself or any other''.
38 USC 1988. Savings provision
TITLE 38 -- VETERANS' BENEFITS
Nothing in this title or any amendment or repeal made by the Act
enacting this title shall affect any right, remedy, liability,
authorization or requirement pertaining to Government insurance, the
respective insurance funds, or the insurance appropriations, authorized
or prescribed under the provisions of the War Risk Insurance Act, the
World War Veterans' Act, 1924, the National Service Life Insurance Act
of 1940, or any related Act, which was in effect on December 31, 1958.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1167, 788; renumbered
1988, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
The War Risk Insurance Act, referred to in text, is act Sept. 2,
1914, ch. 293, 38 Stat. 711, as amended. Sections 600 and 601 of the
World War Veterans' Act, 1924 (act June 7, 1924, ch. 320, 43 Stat. 607,
629) repealed the War Risk Insurance Act subject to certain limitations
provided in section 602 thereof.
The World War Veterans' Act, 1924, referred to in text, is act June
7, 1924, ch. 320, 43 Stat. 607, as amended, which was classified
generally to chapter 10 ( 421 to 574) of former Title 38, Pensions,
Bonuses, and Veterans' Relief, and which was repealed by Pub. L.
85-857, 14(51), Sept. 2, 1958, 72 Stat. 1271. For distribution of
sections 421 to 574 of former Title 38 in this title, see Table
preceding section 101 of this title.
The National Service Life Insurance Act of 1940, referred to in text,
is act Oct. 8, 1940, ch. 757, title VI, part I, 54 Stat. 1008, as
amended, which was classified generally to chapter 13 ( 801 et seq.) of
former Title 38, Pensions, Bonuses, and Veterans' Relief, and which was
repealed and the provisions thereof reenacted as this subchapter by Pub.
L. 85-857, Sept. 2, 1958, 72 Stat. 1105.
Prior sections 2000 and 2001 were renumbered sections 4100 and 4101
of this title, respectively.
Another prior section 2001, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1217, which related to compensation for veterans under agreements with
States, was repealed by section 1(a) of Pub. L. 87-675.
Prior section 2002 was renumbered section 4102 of this title.
Another prior section 2002, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1217, which related to compensation for veterans in absence of
agreements with States, was repealed by section 1(a) of Pub. L.
87-675.
Prior sections 2002A and 2003 were renumbered sections 4102A and 4103
of this title, respectively.
Another prior section 2003, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1218, which related to payments to the States equal to payments made by
them in accordance with an agreement under chapter 41 of this title, was
repealed by section 1(a) of Pub. L. 87-675.
Prior sections 2003A and 2004 were renumbered sections 4103A and 4104
of this title, respectively.
Another prior section 2004, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1219, which related to information necessary to determine a veteran's
entitlement to compensation and which all Federal departments and
agencies were required to make available to State agencies or to the
Secretary, was repealed by section 1(a) of Pub. L. 87-675.
Prior sections 2004A and 2005 were renumbered sections 4104A and 4105
of this title, respectively.
Another prior section 2005, Pub. L. 85-837, Sept. 2, 1958, 72 Stat.
1219, which related to penalties for making false statements or
representations, or for knowledgeable failure to disclose material facts
in order to obtain or increase payments under chapter 41 of this title,
was repealed by section 1(a) of Pub. L. 87-675.
Prior section 2006 was renumbered section 4106 of this title.
Another prior section 2006, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1219, which authorized the Secretary to make rules and regulations
necessary to carry out the provisions of chapter 41 of this title, and
required him to consult with representatives of the State unemployment
compensation agencies before prescribing any rules which could affect
the performance of such agencies, was repealed by Pub. L. 87-675,
1(a), Sept. 19, 1962, 76 Stat. 558.
Prior section 2007 was renumbered section 4107 of this title.
Another prior section 2007, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1220; Pub. L. 86-70, 29(b), June 25, 1959, 73 Stat. 148; Pub. L.
86-624, 25(c), July 12, 1960, 74 Stat. 418, which defined ''Korean
conflict veterans'', ''unemployment compensation'', and ''State'', was
repealed by Pub. L. 87-675, 1(a), Sept. 19, 1962, 76 Stat. 558.
Prior section 2008 was renumbered section 4108 of this title.
Another prior section 2008, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1220, which enumerated provisions which forbade duplication of
benefits, was repealed by Pub. L. 87-675, 1(a), Sept. 19, 1962, 76
Stat. 558.
Prior section 2009 was renumbered section 4109 of this title.
Another prior section 2009, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1221, which provided termination dates for the payment of benefits
under chapter 41 of this title, was repealed by Pub. L. 87-675, 1(a),
Sept. 19, 1962, 76 Stat. 558.
Prior section 2010 was renumbered section 4110 of this title.
Another prior section 2010 was renumbered section 2001 of this title,
by Pub. L. 87-675, 1(a), Sept. 19, 1962, 76 Stat. 558.
Prior section 2010A was renumbered section 4110A of this title.
Prior section 2011 was renumbered section 4211 of this title.
Another prior section 2011 was renumbered section 2002 of this title
by Pub. L. 87-675, 1(a), Sept. 19, 1962, 76 Stat. 558.
Prior section 2012 was renumbered section 4212 of this title.
Another prior section 2012 was renumbered section 2003 of this title
by Pub. L. 87-675, 1(a), Sept. 19, 1962, 76 Stat. 558.
Prior section 2013 was renumbered section 4213 of this title.
Another prior section 2013 was renumbered section 2004 of this title
by Pub. L. 87-675, 1(a), Sept. 19, 1962, 76 Stat. 558.
Prior section 2014 was renumbered section 4214 of this title.
Another prior section 2014 was renumbered section 2005 of this title
by Pub. L. 87-675, 1(a), Sept. 19, 1962, 76 Stat. 558.
Prior sections 2021 to 2027 were renumbered sections 4301 to 4307 of
this title, respectively.
1991 -- Pub. L. 102-83 renumbered section 788 of this title as this
section.
38 USC CHAPTER 21 -- SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS
TITLE 38 -- VETERANS' BENEFITS
Sec.
2101. Veterans eligible for assistance.
2102. Limitations on assistance furnished.
2103. Furnishing of plans and specifications.
2104. Benefits additional to benefits under other laws.
2105. Nonliability of United States.
2106. Veterans' mortgage life insurance. /1/
1992 -- Pub. L. 102-568, title II, 204(b), Oct. 29, 1992, 106
Stat. 4325, substituted ''Veterans''' for ''Veteran's'' in item 2106.
1991 -- Pub. L. 102-83, 5(b)(1), Aug. 6, 1991, 105 Stat. 406,
renumbered items 801 to 806 as 2101 to 2106, respectively.
1988 -- Pub. L. 100-322, title III, 333(a)(2), May 20, 1988, 102
Stat. 539, substituted ''Veteran's mortgage life insurance'' for
''Mortgage Protection Life Insurance'' in item 806.
1971 -- Pub. L. 92-95, 2, Aug. 11, 1971, 85 Stat. 322, added item
806.
6334; title 31 section 3803.
/1/ So in original. Does not conform to section catchline.
38 USC 2101. Veterans eligible for assistance
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary is authorized, under such regulations as the
Secretary may prescribe, to assist any veteran who is entitled to
compensation under chapter 11 of this title for permanent and total
service-connected disability --
(1) due to the loss, or loss of use, of both lower extremities, such
as to preclude locomotion without the aid of braces, crutches, canes, or
a wheelchair, or
(2) which includes (A) blindness in both eyes, having only light
perception, plus (B) loss or loss of use of one lower extremity, or
(3) due to the loss or loss of use of one lower extremity together
with (A) residuals of organic disease or injury, or (B) the loss or loss
of use of one upper extremity, which so affect the functions of balance
or propulsion as to preclude locomotion without the aid of braces,
crutches, canes, or a wheelchair,
in acquiring a suitable housing unit with special fixtures or movable
facilities made necessary by the nature of the veteran's disability, and
necessary land therefor. The regulations of the Secretary shall
include, but not be limited to, provisions requiring findings that (1)
it is medically feasible for such veteran to reside in the proposed
housing unit and in the proposed locality; (2) the proposed housing
unit bears a proper relation to the veteran's present and anticipated
income and expenses; and (3) the nature and condition of the proposed
housing unit are such as to be suitable to the veteran's needs for
dwelling purposes.
(b)(1) Subject to paragraph (2) of this subsection, the Secretary,
under regulations which the Secretary shall prescribe, shall assist any
veteran (other than a veteran who is eligible for assistance under
subsection (a) of this section) who is entitled to compensation under
chapter 11 of this title for a permanent and total service-connected
disability which --
(A) is due to blindness in both eyes with 5/200 visual acuity or
less, or
(B) includes the anatomical loss or loss of use of both hands,
in acquiring such adaptations to such veteran's residence as are
determined by the Secretary to be reasonably necessary because of such
disability or in acquiring a residence already adapted with special
features determined by the Secretary to be reasonably necessary for the
veteran because of such disability.
(2) Assistance under paragraph (1) of this subsection may be provided
only to a veteran who the Secretary determines is residing in and
reasonably intends to continue residing in a residence owned by such
veteran or by a member of such veteran's family or, if the veteran's
residence is to be constructed or purchased, will be residing in and
reasonably intends to continue residing in a residence owned by such
veteran or by a member of such veteran's family.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1168, 801; Pub. L.
86-239, Sept. 8, 1959, 73 Stat. 472; Pub. L. 88-401, Aug. 4, 1964, 78
Stat. 380; Pub. L. 91-22, 1, June 6, 1969, 83 Stat. 32; Pub. L.
95-117, title IV, 401, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 96-385,
title III, 301(a), Oct. 7, 1980, 94 Stat. 1531; Pub. L. 99-576, title
IV, 401(a), title VII, 701(48), 702(7), Oct. 28, 1986, 100 Stat.
3280, 3295, 3302; renumbered 2101 and amended Pub. L. 102-83,
4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)
Prior section 2101, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1222,
which related to eligibility for mustering-out payments, was repealed by
Pub. L. 89-50, 1(a), June 24, 1965, 79 Stat. 173, effective July 1,
1966.
1991 -- Pub. L. 102-83 renumbered section 801 of this title as this
section and substituted ''Secretary'' for ''Administrator'' wherever
appearing.
1986 -- Subsec. (a). Pub. L. 99-576, 701(48), 702(7), substituted
''the Administrator'' for ''he'' and ''veteran who'' for ''veteran,
who'', and struck out '', based on service after April 20, 1898,'' after
''chapter 11 of this title''.
Subsec. (b)(1). Pub. L. 99-576, 401(a), inserted at end ''or in
acquiring a residence already adapted with special features determined
by the Administrator to be reasonably necessary for the veteran because
of such disability''.
1980 -- Pub. L. 96-385 designated existing provisions as subsec.
(a) and added subsec. (b).
1978 -- Pub. L. 95-117 in cl. (3) inserted reference to loss or
loss of use of one upper extremity and reference to braces, crutches,
and canes.
1969 -- Pub. L. 91-22 added cl. (3) which authorized the
Administrator to provide housing assistance to veterans whose permanent
and total disability consists of loss or loss of use of one lower
extremity when such loss precludes locomotion without a wheelchair.
1964 -- Pub. L. 88-401 struck out provisions from cl. (2)(B) which
required such permanent and total disability to be such as to preclude
locomotion without the aid of a wheelchair.
1959 -- Pub. L. 86-239 designated existing provisions of first
sentence as cl. (1), struck out ''by reason of amputation, ankylosis,
progressive muscular dystrophies, or paralysis'' after ''loss of use'',
and added cl. (2).
Amendment by Pub. L. 96-385 effective Oct. 1, 1980, see section
601(b) of Pub. L. 96-385, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501
of Pub. L. 95-117, set out as a note under section 1114 of this title.
38 USC 2102. Limitations on assistance furnished
TITLE 38 -- VETERANS' BENEFITS
(a) The assistance authorized by section 2101(a) of this title shall
be limited in the case of any veteran to one housing unit, and necessary
land therefor, and shall be afforded under one of the following plans,
at the option of the veteran but shall not exceed $38,000 in any one
case --
(1) where the veteran elects to construct a housing unit on land to
be acquired by such veteran, the Secretary shall pay not to exceed 50
percent of the total cost to the veteran of (A) the housing unit and (B)
the necessary land upon which it is to be situated;
(2) where the veteran elects to construct a housing unit on land
acquired by such veteran prior to application for assistance under this
chapter, the Secretary shall pay not to exceed the smaller of the
following sums: (A) 50 percent of the total cost to the veteran of the
housing unit and the land necessary for such housing unit, or (B) 50
percent of the cost to the veteran of the housing unit plus the full
amount of the unpaid balance, if any, of the cost to the veteran of the
land necessary for such housing unit;
(3) where the veteran elects to remodel a dwelling which is not
adapted to the requirements of such veteran's disability, acquired by
such veteran prior to application for assistance under this chapter, the
Secretary shall pay not to exceed (A) the cost to the veteran of such
remodeling; or (B) 50 percent of the cost to the veteran of such
remodeling; plus the smaller of the following sums: (i) 50 percent of
the cost to the veteran of such dwelling and the necessary land upon
which it is situated, or (ii) the full amount of the unpaid balance, if
any, of the cost to the veteran of such dwelling and the necessary land
upon which it is situated; and
(4) where the veteran has acquired a suitable housing unit, the
Secretary shall pay not to exceed the smaller of the following sums:
(A) 50 percent of the cost to the veteran of such housing unit and the
necessary land upon which it is situated, or (B) the full amount of the
unpaid balance, if any, of the cost to the veteran of such housing unit
and the necessary land upon which it is situated.
(b) Except as provided in section 2104(b) of this title, the
assistance authorized by section 2101(b) of this title shall be limited
to the lesser of --
(1) the actual cost, or, in the case of a veteran acquiring a
residence already adapted with special features, the fair market value,
of the adaptations determined by the Secretary under such section
2101(b) to be reasonably necessary, or
(2) $6,500.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1168, 802; Pub. L. 91-22,
2, June 6, 1969, 83 Stat. 32; Pub. L. 91-506, 6, Oct. 23, 1970, 84
Stat. 1113; Pub. L. 92-341, July 10, 1972, 86 Stat. 432; Pub. L.
93-569, 9, Dec. 31, 1974, 88 Stat. 1867; Pub. L. 95-476, title I,
101, Oct. 18, 1978, 92 Stat. 1497; Pub. L. 96-385, title III, 301(b),
Oct. 7, 1980, 94 Stat. 1531; Pub. L. 97-66, title V, 502, Oct. 17,
1981, 95 Stat. 1032; Pub. L. 97-295, 4(33), Oct. 12, 1982, 96 Stat.
1307; Pub. L. 98-543, title III, 304(a), Oct. 24, 1984, 98 Stat. 2748;
Pub. L. 99-576, title IV, 401(b), Oct. 28, 1986, 100 Stat. 3280; Pub.
L. 100-322, title III, 301, May 20, 1988, 102 Stat. 534; renumbered
2102 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 404-406.)
Prior section 2102, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1223,
which related to determination of amount of mustering-out payments, was
repealed by Pub. L. 89-50, 1(a), June 24, 1965, 79 Stat. 173,
effective July 1, 1966.
1991 -- Pub. L. 102-83, 5(a), renumbered section 802 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''2101(a)'' for
''801(a)'' in introductory provisions.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' wherever appearing.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''2104(b)'' for
''804(b)'' and substituted ''2101(b)'' for ''801(b)'' in two places.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator'' in par. (1).
1988 -- Subsec. (a). Pub. L. 100-322, 301(1), substituted
''$38,000'' for ''$35,500''.
Subsec. (b)(2). Pub. L. 100-322, 301(2), substituted ''$6,500'' for
''$6,000''.
1986 -- Subsec. (b)(1). Pub. L. 99-576 substituted ''cost, or, in
the case of a veteran acquiring a residence already adapted with special
features, the fair market value,'' for ''cost''.
1984 -- Subsec. (a). Pub. L. 98-543, 304(a)(1), substituted
''$35,500'' for ''$32,500'' in provisions before par. (1).
Subsec. (b)(2). Pub. L. 98-543, 304(a)(2), substituted ''$6,000''
for ''$5,000''.
1982 -- Subsec. (a). Pub. L. 97-295 substituted ''percent'' for
''per centum'' wherever appearing.
1981 -- Subsec. (a). Pub. L. 97-66, 502(1), substituted ''$32,500''
for ''$30,000'' in provisions preceding par. (1), ''such veteran'' for
''him'' in pars. (1), (2), and (3), and ''such veteran's'' for ''his''
in par. (3).
Subsec. (b). Pub. L. 97-66, 502(2), substituted ''section 804(b)''
for ''section 804(b)(2)''.
1980 -- Subsec. (a). Pub. L. 96-385, 301(b)(1), (2), designated
existing provisions as subsec. (a) and substituted ''section 801(a)''
for ''section 801''.
Subsec. (b). Pub. L. 96-385, 301(b)(3), added subsec. (b).
1978 -- Pub. L. 95-476 substituted ''$30,000'' for ''$25,000''.
1974 -- Pub. L. 93-569 substituted ''$25,000'' for ''$17,500''.
1972 -- Pub. L. 92-341 substituted ''$17,500'' for ''$12,500''.
1970 -- Par. (3). Pub. L. 91-506 inserted provision authorizing
Administrator in the case of assistance to disabled veterans for
specially adapted housing, where the veteran elects to remodel a
dwelling not adapted to his disability, to pay the cost of remodeling as
an alternative to the present provisions still set out in this par.
which authorize the Administrator to pay the total of 50 percent of the
remodeling cost plus 50 percent of the dwelling's cost or the full
amount of the unpaid balance of the cost of such dwelling, whichever sum
is smaller.
1969 -- Pub. L. 91-22 substituted ''$12,500'' for ''$10,000''.
Section 304 of Pub. L. 100-322 provided that: ''The amendments made
by sections 301, 302, and 303 (amending this section and sections 907
and 1902 (now 2307 and 3902) of this title) shall take effect on April
1, 1988.''
Section 304(b) of Pub. L. 98-543 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect on
January 1, 1985.''
Amendment by Pub. L. 97-66 effective Oct. 17, 1981, see section
701(b)(1) of Pub. L. 97-66, set out as a note under section 1114 of
this title.
Amendment by Pub. L. 96-385 effective Oct. 1, 1980, see section
601(b) of Pub. L. 96-385, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 95-476 effective Oct. 1, 1978, see section
108(a) of Pub. L. 95-476, set out as a note under section 3702 of this
title.
Amendment by Pub. L. 93-569 effective Dec. 31, 1974, see section 10
of Pub. L. 93-569, set out as a note under section 3702 of this title.
38 USC 2103. Furnishing of plans and specifications
TITLE 38 -- VETERANS' BENEFITS
The Secretary is authorized to furnish to veterans eligible for
assistance under this chapter, without cost to the veterans, model plans
and specifications of suitable housing units.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1168, 803; renumbered
2103 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
Prior section 2103, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1223,
which related to payment of mustering-out payments to beneficiaries of
deceased members, was repealed by Pub. L. 89-50, 1(a), June 24, 1965,
79 Stat. 173, effective July 1, 1966.
1991 -- Pub. L. 102-83 renumbered section 803 of this title as this
section and substituted ''Secretary'' for ''Administrator''.
38 USC 2104. Benefits additional to benefits under other laws
TITLE 38 -- VETERANS' BENEFITS
(a) Any veteran who accepts the benefits of this chapter shall not by
reason thereof be denied the benefits of chapter 37 of this title;
however, except as provided in subsection (b) of this section, the
assistance authorized by section 2101 of this title shall not be
available to any veteran more than once.
(b) A veteran eligible for assistance under section 2101(b) of this
title shall not by reason of such eligibility be denied benefits for
which such veteran becomes eligible under section 2101(a) of this title
or benefits relating to home health services under section 1712(a) of
this title. However, no particular type of adaptation, improvement, or
structural alteration provided to a veteran under section 1712(a) of
this title may be provided to such veteran under section 2101(b) of this
title.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1169, 804; Pub. L.
96-385, title III, 301(c), Oct. 7, 1980, 94 Stat. 1531; renumbered
2104 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
406.)
Prior section 2104, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1223,
which related to time limitations, was repealed by Pub. L. 89-50,
1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966.
1991 -- Pub. L. 102-83, 5(a), renumbered section 804 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''2101'' for
''801''.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''2101(b)'' for
''801(b)'' in two places, ''2101(a)'' for ''801(a)'', and ''1712(a)''
for ''612(a)'' in two places.
1980 -- Pub. L. 96-385 designated existing provisions as subsec.
(a), substituted ''except as provided in subsection (b) of this section,
the assistance authorized by section 801 of this title'' for ''the
assistance authorized by this chapter'', and added subsec. (b).
Amendment by Pub. L. 96-385 effective Oct. 1, 1980, see section
601(b) of Pub. L. 96-385, set out as a note under section 1114 of this
title.
38 USC 2105. Nonliability of United States
TITLE 38 -- VETERANS' BENEFITS
The Government of the United States shall have no liability in
connection with any housing unit, or necessary land therefor, or
adaptation acquired under the provisions of this chapter.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1169, 805; Pub. L.
96-385, title III, 301(d), Oct. 7, 1980, 94 Stat. 1531; renumbered
2105, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
Prior section 2105, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1224,
which related to administration of mustering-out payments provisions,
was repealed by Pub. L. 89-50, 1(a), June 24, 1965, 79 Stat. 173,
effective July 1, 1966.
1991 -- Pub. L. 102-83 renumbered section 805 of this title as this
section.
1980 -- Pub. L. 96-385 made the United States not liable for any
adaptation in connection with any housing unit.
Amendment by Pub. L. 96-385 effective Oct. 1, 1980, see section
601(b) of Pub. L. 96-385, set out as a note under section 1114 of this
title.
38 USC 2106. Veterans' Mortgage Life Insurance
TITLE 38 -- VETERANS' BENEFITS
(a) The United States shall automatically insure any eligible veteran
who is or has been granted assistance in securing a suitable housing
unit under this chapter against the death of the veteran unless the
veteran (1) submits to the Secretary in writing the veterans' election
not to be insured under this section, or (2) fails to respond in a
timely manner to a request from the Secretary for information on which
the premium for such insurance can be based.
(b) The amount of insurance provided a veteran under this section may
not exceed the lesser of $90,000 or the amount of the loan outstanding
on the housing unit. The amount of such insurance shall be reduced
according to the amortization schedule of the loan and may not at any
time exceed the amount of the outstanding loan with interest. If there
is no outstanding loan on the housing unit, insurance is not payable
under this section. If an eligible veteran elects not to be insured
under this section, the veteran may thereafter be insured under this
section, but only upon submission of an application, payment of required
premiums, and compliance with such health requirements and other terms
and conditions as may be prescribed by the Secretary.
(c) The premiums charged a veteran for insurance under this section
shall be paid at such time and in such manner as the Secretary
prescribes. The rates for such premiums shall be based on such
mortality data as the Secretary considers appropriate to cover only the
mortality cost of insuring standard lives. In the case of a veteran
receiving compensation or other cash benefits paid to the veteran by the
Secretary, the Secretary shall deduct from such compensation or other
benefits the premiums charged the veteran under this section.
(d)(1) The United States shall bear the costs of insurance under this
section to the extent that such costs exceed premiums established by the
Secretary. Premiums collected on insurance under this section shall be
credited to the ''Veterans Insurance and Indemnities'' appropriation
account, and all disbursements of insurance proceeds under this section
shall be made from that account.
(2) There are authorized to be appropriated to the Secretary for such
account such amounts as may be necessary to carry out this section.
(e) Any amount of insurance in force under this section on the date
of the death of an eligible veteran insured under this section shall be
paid to the holder of the mortgage loan, for payment of which the
insurance was granted, for credit on the loan indebtedness. Any
liability of the United States under such insurance shall be satisfied
when such payment is made. If the Secretary is the holder of the
mortgage loan, the insurance proceeds shall be credited to the loan
indebtedness and, as appropriate, deposited in either the direct loan or
loan guaranty revolving fund established by section 3723 or 3724 of this
title, respectively.
(f) The Secretary may prescribe such regulations relating to
eligibility for insurance under this section, the maximum amount of
insurance, the effective date of insurance, the maximum duration of
insurance, and other pertinent matters not specifically provided for in
this section as the Secretary determines are in the best interest of
veterans or the United States.
(g) The amount of the insurance in force at any time shall be the
amount necessary to pay the mortgage indebtedness in full, except as
otherwise limited by subsection (b) of this section or regulations
prescribed by the Secretary under this section.
(h) The Secretary shall issue to each veteran insured under this
section a certificate setting forth the benefits to which the veteran is
entitled under the insurance.
(i) Insurance under this section shall terminate upon whichever of
the following events first occurs:
(1) Satisfaction of the veteran's indebtedness under the loan upon
which the insurance is based.
(2) The veteran's seventieth birthday.
(3) Termination of the veteran's ownership of the property securing
the loan.
(4) Discontinuance of payment of premiums by the veteran.
(j) Termination of life insurance under this section shall not affect
the guaranty or insurance of the loan by the Secretary.
(Added Pub. L. 92-95, 1, Aug. 11, 1971, 85 Stat. 320, 806; amended
Pub. L. 94-433, title III, 302, Sept. 30, 1976, 90 Stat. 1377; Pub.
L. 99-576, title VII, 701(49), Oct. 28, 1986, 100 Stat. 3295; Pub. L.
100-322, title III, 333(a)(1), May 20, 1988, 102 Stat. 537;
renumbered 2106 and amended Pub. L. 102-83, 4(b)(1), (2)(E), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-568, title II,
204(a), Oct. 29, 1992, 106 Stat. 4325.)
1992 -- Subsec. (b). Pub. L. 102-568 struck out ''initial'' after
''The'' and substituted ''$90,000'' for ''$40,000''.
1991 -- Pub. L. 102-83, 5(a), renumbered section 806 of this title
as this section.
Subsecs. (a) to (d). Pub. L. 102-83, 4(b)(1), (2)(E), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (e). Pub. L. 102-83, 5(c)(1), substituted ''3723 or 3724''
for ''1823 or 1824''.
Pub. L. 102-83, 4(b)(1), (2)(E), substituted ''Secretary'' for
''Administrator''.
Subsecs. (f) to (h), (j). Pub. L. 102-83, 4(b)(1), (2)(E),
substituted ''Secretary'' for ''Administrator'' wherever appearing.
1988 -- Pub. L. 100-322 amended section generally, substituting
provisions relating to veterans' mortgage life insurance for former
provisions relating to mortgage protection life insurance.
1986 -- Subsec. (b). Pub. L. 99-576, 701(49)(A), substituted ''the
veteran's'' for ''his''.
Subsec. (c). Pub. L. 99-576, 701(49)(B), substituted ''the veteran''
for ''he'' before ''may thereafter''.
Subsec. (d). Pub. L. 99-576, 701(49)(C), substituted ''the
veteran's'' for ''he'' in last sentence.
Subsec. (g)(2). Pub. L. 99-576, 701(49)(D)(i), substituted ''the
Administrator'' for ''he'' in two places, ''the Administrator's'' for
''his'', and ''the Administrator'' for ''him'' in two places.
Subsec. (g)(3). Pub. L. 99-576, 701(49)(D)(ii), substituted ''the
veteran'' for ''he''.
Subsec. (g)(5). Pub. L. 99-576, 701(49)(D)(iii), substituted ''the
Administrator'' for ''him'' in two places.
Subsec. (h). Pub. L. 99-576, 701(49)(E), substituted ''the
Administrator's'' for ''his'' in first sentence and ''the veteran's''
for ''his'' in second sentence.
1976 -- Subsec. (c). Pub. L. 94-433 substituted $40,000 for $30,000.
Amendment by Pub. L. 102-568 effective Dec. 1, 1992, see section
205 of Pub. L. 102-568, set out as an Effective Date note under section
1922A of this title.
Section 333(b) of Pub. L. 100-322 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect on the
first day of the fourth month beginning after the date of the enactment
of this Act (May 20, 1988).''
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.
Definition
Section 333(c)-(e) of Pub. L. 100-322 provided that:
''(c) Savings Provision. -- Mortgage protection life insurance
granted to any veteran under the former section 806 shall continue in
force with the United States as insurer, subject to the terms of
subsection (d). Nothing in that subsection shall impair any rights of
any veteran or mortgage loan holder under the former section 806 that
matured before the effective date specified in subsection (b) (see
Effective Date of 1988 Amendment note above).
''(d) Discontinuance of Contract Program. -- (1) Effective as of the
effective date specified in subsection (b), the Administrator shall
discontinue the policy of insurance purchased in accordance with the
former section 806.
''(2) All premiums collected or received by the insurer on or after
such effective date under a policy purchased under the former section
806 shall be promptly forwarded to the Administrator and shall be
credited to the 'Veterans Insurance and Indemnities' appropriation
account. Any positive balance of the contingency reserve maintained by
the insurer under such policy remaining after all charges have been made
shall be payable to the Administrator and shall be deposited by the
Administrator in such account, except that such balance may, upon the
election of the insurer, be paid by the insurer in equal monthly
installments over a period of not more than two years beginning on the
date, after such effective date, that the Administrator specifies.
''(e) Former Section 806 Defined. -- For the purpose of subsections
(c) and (d), the term 'former section 806' means section 806 (this
section) of title 38, United States Code, as in effect on the day before
the effective date specified in subsection (b).''
38 USC CHAPTER 23 -- BURIAL BENEFITS
TITLE 38 -- VETERANS' BENEFITS
Sec.
2301. Flags.
2302. Funeral expenses.
2303. Death in Department facility; plot allowance.
2304. Claims for reimbursement.
2305. Persons eligible under prior law.
2306. Headstones, markers, and grave liners.
2307. Death from service-connected disability.
2308. Transportation of deceased veteran to a national cemetery.
1991 -- Pub. L. 102-83, 5(b)(1), Aug. 6, 1991, 105 Stat. 406,
renumbered items 901 to 908 as 2301 to 2308, respectively.
Pub. L. 102-83, 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404,
substituted ''Department'' for ''Veterans' Administration'' in item 903.
1988 -- Pub. L. 100-322, title III, 344(b)(2), May 20, 1988, 102
Stat. 540, substituted ''Headstones, markers, and grave liners'' for
''Headstones and markers'' in item 906.
1976 -- Pub. L. 94-433, title III, 304(b), Sept. 30, 1976, 90
Stat. 1377, added item 908.
1973 -- Pub. L. 93-43, 5(b), June 18, 1973, 87 Stat. 81, inserted
''; plot allowance'' in item 903 and added items 906 and 907.
section 6334.
38 USC 2301. Flags
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall furnish a flag to drape the casket of each --
(1) deceased veteran who --
(A) was a veteran of any war, or of service after January 31, 1955;
(B) had served at least one enlistment; or
(C) had been discharged or released from the active military, naval,
or air service for a disability incurred or aggravated in line of duty;
and
(2) deceased individual who at the time of death was entitled to
retired pay under chapter 67 of title 10 or would have been entitled to
retired pay under that chapter but for the fact that the person was
under 60 years of age.
(b) After the burial of the veteran the flag so furnished shall be
given to the veteran's next of kin. If no claim is made for the flag by
the next of kin, it may be given, upon request, to a close friend or
associate of the deceased veteran. If a flag is given to a close friend
or associate of the deceased veteran, no flag shall be given to any
other person on account of the death of such veteran.
(c) For the purpose of this section, the term ''Mexican border
period'' as defined in paragraph (30) of section 101 of this title
includes the period beginning on January 1, 1911, and ending on May 8,
1916.
(d) In the case of any person who died while in the active military,
naval, or air service after May 27, 1941, the Secretary shall furnish a
flag to the next of kin, or to such other person as the Secretary
considers most appropriate, if such next of kin or other person is not
otherwise entitled to receive a flag under this section or under section
1482(a) of title 10.
(e) The Secretary shall furnish a flag to drape the casket of each
deceased person who is buried in a national cemetery by virtue of
eligibility for burial in such cemetery under section 2402(6) of this
title. After the burial, the flag shall be given to the next of kin or
to such other person as the Secretary considers appropriate.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1169, 901; Pub. L.
87-240, Sept. 14, 1961, 75 Stat. 512; Pub. L. 89-358, 9, Mar. 3, 1966,
80 Stat. 28; Pub. L. 90-77, title IV, 402, Aug. 31, 1967, 81 Stat.
190; Pub. L. 91-588, 9(g), Dec. 24, 1970, 84 Stat. 1585; Pub. L.
97-306, title IV, 402(a), Oct. 14, 1982, 96 Stat. 1442; Pub. L.
99-576, title VII, 701(50), Oct. 28, 1986, 100 Stat. 3295; Pub. L.
101-237, title III, 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; Pub. L.
102-54, 14(b)(20), June 13, 1991, 105 Stat. 284; renumbered 2301 and
amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406;
Pub. L. 102-547, 11(a), Oct. 28, 1992, 106 Stat. 3644.)
1992 -- Subsec. (a). Pub. L. 102-547 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ''The Secretary
shall furnish a flag to drape the casket of each deceased veteran who --
''(1) was a veteran of any war, or of service after January 31, 1955;
''(2) had served at least one enlistment; or
''(3) had been discharged or released from the active military,
naval, or air service for a disability incurred or aggravated in line of
duty.''
1991 -- Pub. L. 102-83, 5(a), renumbered section 901 of this title
as this section.
Subsec. (d). Pub. L. 102-54 substituted ''considers'' for ''deems'',
struck out comma after ''this section'', and struck out '', United
States Code'' after ''title 10''.
Subsec. (e). Pub. L. 102-83, 5(c)(1), substituted ''2402(6)'' for
''1002(6)''.
1989 -- Subsecs. (a), (d), (e). Pub. L. 101-237 substituted
''Secretary'' for ''Administrator'' wherever appearing.
1986 -- Subsec. (b). Pub. L. 99-576 substituted ''the veteran's''
for ''his''.
1982 -- Subsec. (e). Pub. L. 97-306 added subsec. (e).
1970 -- Subsec. (a). Pub. L. 91-588, 9(g)(1), struck out reference
to the Mexican border service.
Subsec. (c). Pub. L. 91-588, 9(g)(2), substituted ''For the purpose
of this section, the term 'Mexican border period' as defined in
paragraph (30) of section 101 of this title includes the period
beginning on January 1, 1911, and ending on May 8, 1916'' for ''For the
purpose of this section, the term 'Mexican border service' means active
military, naval, or air service during the period beginning on January
1, 1911, and ending on April 5, 1917, in Mexico, on the borders thereof,
or in the waters adjacent thereto''.
1967 -- Subsec. (d). Pub. L. 90-77 added subsec. (d).
1966 -- Subsec. (a)(1). Pub. L. 89-358 required a flag to be
furnished to drape the casket of a deceased veteran who served after
Jan. 31, 1955.
1961 -- Subsec. (a). Pub. L. 87-240, 1(1), inserted ''or of Mexican
border service'' after ''veteran of any war''.
Subsec. (c). Pub. L. 87-240, 1(2), added subsec. (c).
Section 402(b) of Pub. L. 97-306 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply with respect
to burials after September 30, 1982.''
Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section
10(a) of Pub. L. 91-588, set out as a note under section 1521 of this
title.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
38 USC 2302. Funeral expenses
TITLE 38 -- VETERANS' BENEFITS
(a) In the case of a deceased veteran --
(1) who at the time of death was in receipt of compensation (or but
for the receipt of retirement pay would have been entitled to
compensation) or was in receipt of pension, or
(2) who was a veteran of any war or was discharged or released from
the active military, naval, or air service for a disability incurred or
aggravated in line of duty, whose body is held by a State (or a
political subdivision of a State), and with respect to whom the
Secretary determines --
(A) that there is no next of kin or other person claiming the body of
the deceased veteran, and
(B) that there are not available sufficient resources to cover burial
and funeral expenses,
the Secretary, in the Secretary's discretion, having due regard to
the circumstances in each case, may pay a sum not exceeding $300 to such
person as the Secretary prescribes to cover the burial and funeral
expenses of the deceased veteran and the expense of preparing the body
and transporting it to the place of burial. For the purpose of this
subsection, the term ''veteran'' includes a person who died during a
period deemed to be active military, naval, or air service under section
106(c) of this title.
(b) Except as hereafter provided in this subsection, no deduction
shall be made from the burial allowance because of the veteran's net
assets at the time of the death of such veteran, or because of any
contribution from any source toward the burial and funeral expenses
(including transportation) unless the amount of expenses incurred is
covered by the amount actually paid therefor by the United States, a
State, any agency or political subdivision of the United States or of a
State, or the employer of the deceased veteran. No claim shall be
allowed (1) for more than the difference between the entire amount of
the expenses incurred and the amount paid by any or all of the
foregoing, or (2) when the burial allowance would revert to the funds of
a public or private organization or would discharge such an
organization's obligation without payment. The burial allowance or any
part thereof shall not be paid in any case where specific provision is
otherwise made for payment of expenses of funeral, transportation, and
interment under any other Act.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1169, 902; Pub. L.
88-359, July 7, 1964, 78 Stat. 296; Pub. L. 89-360, Mar. 7, 1966, 80
Stat. 29; Pub. L. 95-476, title II, 203(b), Oct. 18, 1978, 92 Stat.
1506; Pub. L. 95-479, title III, 303(a), Oct. 18, 1978, 92 Stat.
1565; Pub. L. 97-35, title XX, 2001(a)(1), Aug. 13, 1981, 95 Stat.
781; Pub. L. 97-306, title IV, 403((a)), Oct. 14, 1982, 96 Stat.
1443; Pub. L. 101-237, title III, 313(b)(1), Dec. 18, 1989, 103 Stat.
2077; renumbered 2302, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat.
406.)
1991 -- Pub. L. 102-83 renumbered section 902 of this title as this
section.
1989 -- Subsec. (a). Pub. L. 101-237 substituted ''Secretary'' and
''Secretary's'' for ''Administrator'' and ''Administrator's'',
respectively, wherever appearing.
1982 -- Subsec. (a). Pub. L. 97-306 substituted requirement of a
deceased veteran who at the time of death was in receipt of compensation
(or but for the receipt of retirement pay would have been entitled to
compensation) or was in receipt of pension, or who was a veteran of any
war or was discharged or released from the active military, naval, or
air service for a disability incurred or aggravated in line of duty,
whose body is held by a State (or a political subdivision of a State),
and with respect to whom the Administrator determines that there is no
next of kin or other person claiming the body of the deceased veteran,
and that there are not available sufficient resources to cover burial
and funeral expenses, for requirement of a veteran who dies in receipt
of compensation (or but for the receipt of retirement pay would have
been entitled to compensation) or in receipt of pension.
1981 -- Subsec. (a). Pub. L. 97-35 substituted provisions relating
to death of a veteran in receipt of compensation or a pension, for
provisions relating to a veteran who dies of a service-connected
disability, or who was a veteran of any war, discharged for a disability
incurred or aggravated in line of duty, or in receipt of disability
compensation.
1978 -- Subsec. (a). Pub. L. 95-479 substituted ''$300'' for
''$250''.
Pub. L. 95-476, 203(b)(1), (2), substituted ''in the Administrator's
discretion'' and ''as the Administrator prescribes'' for ''in his
discretion'' and ''as he prescribes'', respectively.
Subsec. (b). Pub. L. 95-476, 203(b)(3), substituted ''the death of
such veteran'' for ''his death''.
1966 -- Subsec. (a). Pub. L. 89-360 extended authorized burial
allowance to include peacetime veterans who die of a service connected
disability but who have neither applied for disability compensation for
disability nor been discharged for disability.
1964 -- Subsec. (b). Pub. L. 88-359 provided that no claim shall be
allowed when allowance would revert to the funds of a public or private
organization, or would discharge such an organization's obligation
without payment, and struck out requirement that amounts paid by burial
associations toward burial and funeral expenses be deducted prior to
payment of allowance.
Section 403(b) of Pub. L. 97-306 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply with respect
to burial and funeral expenses incurred after September 30, 1982.''
Section 2001(a)(2) of Pub. L. 97-35 provided that: ''The amendment
made by paragraph (1) (amending this section) shall take effect with
respect to deaths occurring after September 30, 1981.''
Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section
401(a) of Pub. L. 95-479, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 95-476 effective Oct. 18, 1978, see section
205(a) of Pub. L. 95-476, set out as a note under section 2303 of this
title.
38 USC 2303. Death in Department facility; plot allowance
TITLE 38 -- VETERANS' BENEFITS
(a) When a veteran dies in a Department facility (as defined in
section 1701(4) of this title) to which the deceased was properly
admitted for hospital, nursing home, or domiciliary care under section
1710 or 1711(a) of this title or in an institution at which the deceased
veteran was receiving hospital care in accordance with section 1703 of
this title or nursing home care under section 1720 of this title at the
expense of the United States at the time of death, the Secretary --
(1) shall pay the actual cost (not to exceed $300) of the burial and
funeral or, within such limits, may make contracts for such services
without regard to the laws requiring advertisement for proposals for
supplies and services for the Department; and
(2) shall, when such a death occurs in a State, transport the body to
the place of burial in the same or any other State.
(b) In addition to the benefits provided for under section 2302 of
this title and subsection (a) of this section, in the case of a veteran
who is eligible for a burial allowance under such section 2302, or under
such subsection, who was discharged from the active military, naval, or
air service for a disability incurred or aggravated in line of duty, or
who is a veteran of any war and who is not buried in a national cemetery
or other cemetery under the jurisdiction of the United States --
(1) if such veteran is buried (without charge for the cost of a plot
or interment) in a cemetery, or a section of a cemetery, that (A) is
used solely for the interment of persons eligible for burial in a
national cemetery, and (B) is owned by a State or by an agency or
political subdivision of a State, the Secretary shall pay to such State,
agency, or political subdivision the sum of $150 as a plot or interment
allowance for such veteran; and
(2) if such veteran (other than a veteran whose eligibility for
benefits under this subsection is based on being a veteran of any war)
is buried in a cemetery, or a section of a cemetery, other than as
described in clause (1) of this subsection, the Secretary shall pay a
sum not exceeding $150 as a plot or interment allowance to such person
as the Secretary prescribes, except that if any part of the plot or
interment costs of a burial to which this clause applies has been paid
or assumed by a State, an agency or political subdivision of a State, or
a former employer of the deceased veteran, no claim for such allowance
shall be allowed for more than the difference between the entire amount
of the expenses incurred and the amount paid or assumed by any or all of
the foregoing entities.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1170, 903; Pub. L. 86-70,
29(a), June 25, 1959, 73 Stat. 148; Pub. L. 86-624, 25(b), July 12,
1960, 74 Stat. 418; Pub. L. 87-99, July 21, 1961, 75 Stat. 218; Pub.
L. 89-358, 4(i), Mar. 3, 1966, 80 Stat. 24; Pub. L. 93-43, 5(a)(1),
June 18, 1973, 87 Stat. 80; Pub. L. 94-581, title II, 204, Oct. 21,
1976, 90 Stat. 2856; Pub. L. 95-476, title II, 202(a), Oct. 18, 1978,
92 Stat. 1503; Pub. L. 95-479, title III, 303(a), Oct. 18, 1978, 92
Stat. 1565; Pub. L. 97-35, title XX, 2001(b), Aug. 13, 1981, 95 Stat.
781; Pub. L. 97-306, title IV, 404(a), Oct. 14, 1982, 96 Stat. 1443;
Pub. L. 99-272, title XIX, 19012(c)(4), Apr. 7, 1986, 100 Stat. 382;
Pub. L. 101-237, title III, 313(b)(1), Dec. 18, 1989, 103 Stat. 2077;
Pub. L. 101-508, title VIII, 8042(a), Nov. 5, 1990, 104 Stat. 1388-349;
renumbered 2303 and amended Pub. L. 102-83, 4(a)(3), (4), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 903 of this title
as this section.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in section catchline.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''1701(4)'' for
''601(4)'', ''1710 or 1711(a)'' for ''610 or 611(a)'', ''1703'' for
''603'', and ''1720'' for ''620'' in introductory provisions.
Pub. L. 102-83, 4(a)(3), (4), substituted ''Department'' for
''Veterans' Administration'' in introductory provisions and in par.
(1).
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''2302'' for
''902'' in two places in introductory provisions.
1990 -- Subsec. (b)(2). Pub. L. 101-508 inserted ''(other than a
veteran whose eligibility for benefits under this subsection is based on
being a veteran of any war)'' after ''if such veteran''.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator'' wherever appearing.
1986 -- Subsec. (a). Pub. L. 99-272 inserted ''hospital care in
accordance with section 603 of this title or''.
1982 -- Subsec. (a). Pub. L. 97-306 substituted ''When a veteran
dies in a Veterans' Administration facility (as defined in section
601(4) of this title)'' for ''Where death occurs in a Veterans'
Administration facility'' and inserted ''or in an institution at which
the deceased veteran was receiving nursing home care under section 620
of this title at the expense of the United States at the time of death''
after ''611(a) of this title.
1981 -- Subsec. (b). Pub. L. 97-35 inserted provisions relating to a
veteran discharged from active duty for a disability incurred or
aggravated in the line of duty, or a war veteran.
1978 -- Subsec. (a)(1). Pub. L. 95-479 substituted ''$300'' for
$250''.
Subsec. (b). Pub. L. 95-476 substituted provisions requiring
Administrator to pay an interment allowance of $150 to a State or an
agency or subdivision of a State, for burial of an eligible veteran in a
cemetery, reserved for burial of persons eligible for burial in a
national cemetery, owned by the State or such agency or political
subdivision, or to any person prescribed by Administrator for burial of
an eligible veteran in a cemetery other than one so reserved for
provisions authorizing Administrator in his discretion to pay up to $150
as an interment allowance to any person he prescribed.
1976 -- Subsec. (a). Pub. L. 94-581 inserted '', nursing home,''
after ''hospital'' and substituted ''611(a)'' for ''611'' in provisions
preceding par. (1).
1973 -- Pub. L. 93-43, in revising text, substituted reference to
section ''611'' for ''611(a)'' in opening text of subsec. (a),
designated existing provisions of subsec. (a) as first part of par.
(1) of such subsec. (a), incorporated provisions of former subsec. (c)
as second part of par. (1) of subsec. (a), redesignated former subsec.
(b) as par. (2) of subsec. (a), and added subsec. (b).
1966 -- Subsec. (b). Pub. L. 89-358 struck out last sentence
including the Canal Zone in the term ''State'' for purposes of subsec.
(b), now incorporated in section 101(20) of this title.
1961 -- Subsec. (b). Pub. L. 87-99 substituted ''a State'' and ''in
the same, or any other State'' for ''the continental United States or
Hawaii'' and ''in the continental United States or Hawaii'',
respectively, and defined State to include Canal Zone.
1960 -- Subsec. (b). Pub. L. 86-624 substituted ''continental United
States or Hawaii'' for ''continental United States (including Alaska)''
in two places.
1959 -- Subsec. (b). Pub. L. 86-70 substituted ''continental United
States (including Alaska), the Administrator shall transport the body to
the place of burial in the continental United States (including
Alaska)'' for ''continental United States, the Administrator shall
transport the body to the place of burial in the United States, or to
the place of burial within Alaska if the deceased was a resident of
Alaska who had been brought to the United States as a beneficiary of the
Veterans' Administration for hospital or domiciliary care''.
Section 8042(b) of Pub. L. 101-508 provided that: ''This section
(amending this section) shall apply to deaths occurring on or after
November 1, 1990.''
Section 404(b) of Pub. L. 97-306 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply with respect
to deaths occurring after September 30, 1982.''
Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section
401(a) of Pub. L. 95-479, set out as a note under section 1114 of this
title.
Section 205 of title II of Pub. L. 95-476 provided that:
''(a) Except as provided in subsection (b), the amendments made by
this title (enacting section 1008 (now 2408) of this title and amending
sections 902, 906, and 1798 (now 2302, 2306, and 3698) of this title)
shall take effect on the date of the enactment of this Act (Oct. 18,
1978).
''(b) The amendment made by section 202(a) of this title (amending
this section) shall take effect on October 1, 1978.''
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
Section 10(b) of Pub. L. 93-43 provided that: ''Clause (1) of
section 5(a) (amending this section) shall take effect on the first day
of the second calendar month following the date of enactment of this Act
(June 18, 1973).''
38 USC 2304. Claims for reimbursement
TITLE 38 -- VETERANS' BENEFITS
Applications for payments under section 2302 of this title must be
filed within two years after the burial of the veteran. If the burial
allowance was not payable at the death of the veteran because of the
nature of the veteran's discharge from the service, but after the
veteran's death the veteran's discharge has been corrected by competent
authority so as to reflect a discharge from the service under conditions
other than dishonorable, then the burial allowance may be paid if a
claim is filed within two years from the date of correction of the
discharge. If a claimant's application is incomplete at the time it is
originally submitted, the Secretary shall notify the applicant of the
evidence necessary to complete the application. If such evidence is not
received within one year from the date of such notification, no
allowance may be paid.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1170, 904; Pub. L. 88-3,
Apr. 2, 1963, 77 Stat. 4; Pub. L. 91-24, 7, June 11, 1969, 83 Stat.
34; Pub. L. 99-576, title VII, 701(51), Oct. 28, 1986, 100 Stat. 3295;
Pub. L. 101-237, title III, 313(b)(1), Dec. 18, 1989, 103 Stat. 2077;
renumbered 2304 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 904 of this title as this
section and substituted ''2302'' for ''902''.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator''.
1986 -- Pub. L. 99-576 substituted ''the veteran's'' for ''his'' in
three places.
1969 -- Pub. L. 91-24 substituted ''two years from the date of
correction of the discharge'' for ''two years from whichever last
occurs, the date of correction of the discharge or the date of enactment
of this sentence''.
1963 -- Pub. L. 88-3 authorized payment of a burial allowance in
cases where it was not payable at death because of the nature of the
veteran's discharge, where such discharge has been corrected by
competent authority to reflect conditions other than dishonorable, and
the claim is filed within two years from whichever last occurs, the date
of correction of the discharge or the date of enactment of Pub. L. 88-3
(approved Apr. 2, 1963).
38 USC 2305. Persons eligible under prior law
TITLE 38 -- VETERANS' BENEFITS
The death of any person who had a status which would, under the laws
in effect on December 31, 1957, afford entitlement to the burial
benefits and other benefits provided for in this chapter, but who did
not meet the service requirements contained in this chapter, shall
afford entitlement to such benefits, notwithstanding the failure of such
person to meet such service requirements.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1170, 905; renumbered
2305, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 905 of this title as this
section.
38 USC 2306. Headstones, markers, and grave liners
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall furnish, when requested, appropriate
Government headstones or markers at the expense of the United States for
the unmarked graves of the following:
(1) Any individual buried in a national cemetery or in a post
cemetery.
(2) Any individual eligible for burial in a national cemetery (but
not buried there), except for those persons or classes of persons
enumerated in section 2402(4), (5), and (6) of this title.
(3) Soldiers of the Union and Confederate Armies of the Civil War.
(4) Any individual described in section 2402(5) of this title who is
buried in a veterans' cemetery owned by a State.
(5) Any individual who at the time of death was entitled to retired
pay under chapter 67 of title 10 or would have been entitled to retired
pay under that chapter but for the fact that the person was under 60
years of age.
(b) The Secretary shall furnish, when requested, an appropriate
memorial headstone or marker for the purpose of commemorating any
veteran --
(1) whose remains have not been recovered or identified,
(2) whose remains were buried at sea, whether by the veteran's own
choice or otherwise,
(3) whose remains were donated to science, or
(4) whose remains were cremated and the ashes scattered without
interment of any portion of the ashes,
for placement by the applicant in a national cemetery area reserved
for such purpose under the provisions of section 2403 of this title or
in a State, local, or private cemetery.
(c) A headstone or marker furnished under subsection (a) or (b) of
this section may be of any material, including but not limited to
marble, granite, bronze, or slate, requested by the person entitled to
request such headstone or marker if the material requested is determined
by the Secretary (1) to be cost effective, and (2) in a case in which
the headstone or marker is to be placed in a national cemetery, to be
aesthetically compatible with the area of the cemetery in which it is to
be placed.
(d)(1) The Secretary of Veterans Affairs shall provide a grave liner
for each new grave in an open cemetery within the National Cemetery
System in which remains are interred in a casket. The Secretary of the
Army may provide a grave liner for such a grave in the Arlington
National Cemetery.
(2) The use of grave liners in a cemetery within the National
Cemetery System or in the Arlington National Cemetery shall be in
accordance with specifications and procedures approved by the Secretary
of Veterans Affairs or Secretary of the Army, respectively.
(Added Pub. L. 93-43, 5(a)(2), June 18, 1973, 87 Stat. 80, 906;
amended Pub. L. 95-476, title II, 203(a), Oct. 18, 1978, 92 Stat.
1505; Pub. L. 95-479, title III, 303(b), Oct. 18, 1978, 92 Stat.
1565; Pub. L. 96-385, title V, 502, Oct. 7, 1980, 94 Stat. 1534; Pub.
L. 97-66, title VI, 603(a), Oct. 17, 1981, 95 Stat. 1034; Pub. L.
100-322, title III, 344(a), (b)(1), May 20, 1988, 102 Stat. 540; Pub.
L. 101-237, title III, 313(b)(1), (3), title V, 501, 504(a), Dec. 18,
1989, 103 Stat. 2077, 2093, 2094; Pub. L. 101-508, title VIII,
8041(a), Nov. 5, 1990, 104 Stat. 1388-349; renumbered 2306 and amended
Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L.
102-547, 11(b), Oct. 28, 1992, 106 Stat. 3644.)
1992 -- Subsec. (a)(5). Pub. L. 102-547 added par. (5).
1991 -- Pub. L. 102-83, 5(a), renumbered section 906 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''2402(4)'' for
''1002(4)'' in par. (2) and ''2402(5)'' for ''1002(5)'' in par. (4).
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''2403'' for
''1003'' in concluding provisions.
1990 -- Subsecs. (d), (e). Pub. L. 101-508 redesignated subsec.
(e) as (d) and struck out former subsec. (d) which read as follows:
''In lieu of furnishing a headstone or marker under subsection (a)(2) or
(b) of this section, the Secretary, in the Secretary's discretion,
having due regard for the circumstances in each case, may reimburse the
person entitled to request such headstone or marker for the cost of
acquiring a non-Government headstone or marker for placement in any
cemetery other than a national cemetery in connection with the burial or
memorialization of the deceased individual. The cost referred to in the
preceding sentence is the cost actually incurred by or on behalf of such
person or the cost prepaid by the deceased individual, as the case may
be. Reimbursement under this subsection may be made only upon the
request of the person entitled to request the headstone or marker and
may not be made in an amount in excess of the average actual cost, as
determined by the Secretary, of headstones and markers furnished under
subsections (a) and (b) of this section.''
1989 -- Subsecs. (a) to (c). Pub. L. 101-237, 313(b)(1),
substituted ''Secretary'' for ''Administrator''.
Subsec. (d). Pub. L. 101-237, 501, substituted ''cost of acquiring''
for ''actual costs incurred by or on behalf of such person in
acquiring'' in first sentence, inserted after first sentence ''The cost
referred to in the preceding sentence is the cost actually incurred by
or on behalf of such person or the cost prepaid by the deceased
individual, as the case may be.'', and substituted ''this subsection''
for ''the preceding sentence'' in last sentence.
Pub. L. 101-237, 313(b)(1), substituted ''Secretary'' and
''Secretary's'' for ''Administrator'' and ''Administrator's'',
respectively, wherever appearing.
Subsec. (e)(1). Pub. L. 101-237, 504(a), inserted first sentence and
struck out former first sentence which read as follows: ''The Secretary
may provide a grave liner for any grave in a cemetery within the
National Cemetery System in which remains are interred in a casket.''
Pub. L. 101-237, 313(b)(1), substituted ''Secretary may provide''
for ''Administrator may provide''.
Subsec. (e)(2). Pub. L. 101-237, 313(b)(3), substituted ''Secretary
of Veterans Affairs or Secretary of the Army'' for ''Administrator or
the Secretary''.
1988 -- Pub. L. 100-322, 344(b)(1), substituted ''Headstones,
markers, and grave liners'' for ''Headstones and markers'' in section
catchline.
Subsec. (e). Pub. L. 100-322, 344(a), added subsec. (e).
1981 -- Subsec. (b). Pub. L. 97-66 inserted provisions relating to
veterans whose remains were donated to science or whose remains were
cremated and the ashes scattered without interment of any portion of the
ashes.
1980 -- Subsec. (a)(4). Pub. L. 96-385 added par. (4).
1978 -- Subsec. (b). Pub. L. 95-479 struck out ''dying in the
service, and'' after ''to commemorate any veteran''.
Subsecs. (c), (d). Pub. L. 95-476 added subsecs. (c) and (d).
Section 8041(b) of Pub. L. 101-508 provided that: ''This section
(amending this section) shall apply to deaths occurring on or after
November 1, 1990.''
Section 504(b) of Pub. L. 101-237 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply to interments
that occur after January 1, 1990.''
Amendment by Pub. L. 97-66 applicable with respect to veterans dying
before, on, or after Oct. 17, 1981, see section 701(b)(6) of Pub. L.
97-66, set out as a note under section 1114 of this title.
Amendment by Pub. L. 96-385 applicable only with respect to
individuals who die after Sept. 30, 1980, see section 601(c) of Pub.
L. 96-385, set out as a note under section 1114 of this title.
Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section
401(a) of Pub. L. 95-479, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 95-476 effective Oct. 18, 1978, see section
205(a) of Pub. L. 95-476, set out as a note under section 2303 of this
title.
Section 10(c) of Pub. L. 93-43 provided that: ''Clause (2) of
section 5(a) (enacting this section and section 907 (now 2307) of this
title) and sections 6 (enacting provisions set out a note under section
2404 of this title) and 7 (repealing sections 271 to 276, 278 to 279d,
281 to 282, 286 to 290, and 296 of Title 24, Hospitals and Asylums, and
enacting provisions set out as notes under sections 271 to 276 of Title
24) of this Act shall take effect September 1, 1973, or on such earlier
date as the President may prescribe and publish in the Federal
Register.''
38 USC 2307. Death from service-connected disability
TITLE 38 -- VETERANS' BENEFITS
In any case in which a veteran dies as the result of a
service-connected disability or disabilities, the Secretary, upon the
request of the survivors of such veteran, shall pay the burial and
funeral expenses incurred in connection with the death of the veteran in
an amount not exceeding the greater of (1) $1,500, or (2) the amount
authorized to be paid under section 8134(a) of title 5 in the case of a
Federal employee whose death occurs as the result of an injury sustained
in the performance of duty. Funeral and burial benefits provided under
this section shall be in lieu of any benefits authorized under sections
2302 and 2303(a)(1) and (b) of this title.
(Added Pub. L. 93-43, 5(a)(2), June 18, 1973, 87 Stat. 80, 907;
amended Pub. L. 95-479, title III, 303(c), Oct. 18, 1978, 92 Stat.
1565; Pub. L. 100-322, title III, 303, May 20, 1988, 102 Stat. 534;
Pub. L. 101-237, title III, 313(b)(1), Dec. 18, 1989, 103 Stat. 2077;
renumbered 2307 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 907 of this title as this
section and substituted ''2302 and 2303(a)(1)'' for ''902 and
903(a)(1)''.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator''.
1988 -- Pub. L. 100-322 substituted ''$1,500'' for ''$1,100''.
1978 -- Pub. L. 95-479 inserted ''the greater of (1) $1,100, or
(2)'' after ''not exceeding''.
Amendment by Pub. L. 100-322 effective Apr. 1, 1988, see section
304 of Pub. L. 100-322, set out as a note under section 2102 of this
title.
Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section
401(a) of Pub. L. 95-479, set out as a note under section 1114 of this
title.
Section effective Sept. 1, 1973, or such earlier date as the
President may prescribe and publish in the Federal Register, see section
10(c) of Pub. L. 93-43, set out as a note under section 2306 of this
title.
38 USC 2308. Transportation of deceased veteran to a national cemetery
TITLE 38 -- VETERANS' BENEFITS
Where a veteran dies as the result of a service-connected disability,
or is in receipt of (but for the receipt of retirement pay or pension
under this title would have been entitled to) disability compensation,
the Secretary may pay, in addition to any amount paid pursuant to
section 2302 or 2307 of this title, the cost of transportation of the
deceased veteran for burial in a national cemetery. Such payment shall
not exceed the cost of transportation to the national cemetery nearest
the veteran's last place of residence in which burial space is
available.
(Added Pub. L. 94-433, title III, 304(a), Sept. 30, 1976, 90 Stat.
1377, 908; amended Pub. L. 101-237, title III, 313(b)(1), Dec. 18,
1989, 103 Stat. 2077; renumbered 2308 and amended Pub. L. 102-83,
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 908 of this title as this
section and substituted ''2302 or 2307'' for ''902 or 907''.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator''.
Section effective Oct. 1, 1976, see section 406 of Pub. L. 94-433,
set out as an Effective Date of 1976 Amendment note under section 1101
of this title.
38 USC CHAPTER 24 -- NATIONAL CEMETERIES AND MEMORIALS
TITLE 38 -- VETERANS' BENEFITS
Sec.
2400. Establishment of National Cemetery System; composition of
such system; appointment of director.
2401. Advisory Committee on Cemeteries and Memorials.
2402. Persons eligible for interment in national cemeteries.
2403. Memorial areas.
2404. Administration.
2405. Disposition of inactive cemeteries.
2406. Acquisition of lands.
2407. Authority to accept and maintain suitable memorials.
2408. Aid to States for establishment, expansion, and improvement of
veterans' cemeteries.
2409. Memorial areas in Arlington National Cemetery.
2410. Burial of cremated remains in Arlington National Cemetery.
1991 -- Pub. L. 102-83, 5(b)(1), Aug. 6, 1991, 105 Stat. 406,
renumbered items 1000 to 1010 as 2400 to 2410, respectively.
1989 -- Pub. L. 101-237, title V, 502(b), Dec. 18, 1989, 103 Stat.
2093, added item 1010.
1986 -- Pub. L. 99-576, title IV, 413(b), Oct. 28, 1986, 100 Stat.
3284, added item 1009.
1978 -- Pub. L. 95-476, title II, 202(b)(2), Oct. 18, 1978, 92
Stat. 1505, added item 1008.
38 USC 2400. Establishment of National Cemetery System; composition
of such system; appointment of director
TITLE 38 -- VETERANS' BENEFITS
(a) There shall be within the Department a National Cemetery System
for the interment of deceased servicemembers and veterans. Such system
shall be headed by the Director of the National Cemetery System, who
shall perform such functions as may be assigned by the Secretary.
(b) The National Cemetery System shall consist of --
(1) national cemeteries transferred from the Department of the Army
to the Veterans' Administration by the National Cemeteries Act of 1973;
(2) cemeteries under the jurisdiction of the Veterans' Administration
on the date of enactment of this chapter; and
(3) any other cemetery, memorial, or monument transferred to the
Veterans' Administration by the National Cemeteries Act of 1973, or
later acquired or developed by the Secretary.
(Added Pub. L. 93-43, 2(a), June 18, 1973, 87 Stat. 75, 1000;
amended Pub. L. 99-576, title VII, 701(52), Oct. 28, 1986, 100 Stat.
3295; Pub. L. 100-527, 13(i), Oct. 25, 1988, 102 Stat. 2644; Pub. L.
101-237, title III, 313(b)(1), Dec. 18, 1989, 103 Stat. 2077;
renumbered 2400 and amended Pub. L. 102-83, 4(a)(3), (4), 5(a), Aug.
6, 1991, 105 Stat. 404, 406.)
The National Cemeteries Act of 1973, referred to in subsec. (b)(1),
(3), is Pub. L. 93-43, June 18, 1973, 87 Stat. 75, as amended, which
is classified principally to this chapter ( 2400 et seq.). For complete
classification of this Act to the Code, see section 1 of Pub. L. 93-43
set out as a Short Title of 1973 Amendment note under section 101 of
this title and Tables.
For national cemeteries transferred from the Department of the Army
to the Veterans' Administration by the National Cemeteries Act of 1973,
and any other cemetery, memorial, or monument transferred to the
Veterans' Administration by the National Cemeteries Act of 1973,
referred to in subsec. (b)(1), (3), see Transfer of Functions note set
out under section 2404 of this title.
The date of enactment of this chapter, referred to in subsec.
(b)(2), is the date of enactment of Pub. L. 93-43, which was approved
June 18, 1973.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1000 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration''.
1989 -- Subsec. (b)(3). Pub. L. 101-237 substituted ''Secretary''
for ''Administrator''.
1988 -- Subsec. (a). Pub. L. 100-527 substituted ''Such system shall
be headed by the Director of the National Cemetery System, who shall
perform such functions as may be assigned by the Secretary'' for ''The
Administrator may appoint a Director, National Cemetery System, who
shall perform such functions as may be assigned by the Administrator''.
1986 -- Subsec. (a). Pub. L. 99-576 substituted ''servicemembers''
for ''servicemen'' and ''The Administrator'' for ''To assist him in
carrying out his responsibilities in administering the cemeteries within
the System, the Administrator''.
Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section
18(a) of Pub. L. 100-527, set out as a Department of Veterans Affairs
Act note under section 301 of this title.
Section 10(a) of Pub. L. 93-43 provided that: ''The first section
(set out as a Short Title of 1973 Amendment note under section 101 of
this title) and sections 2 (enacting this chapter and amending section
5316 of Title 5, Government Organization and Employees), 3 (set out as a
note under section 2404 of this title), 4 (enacting section 218 and
repealing section 625 of this title), and 8 (amending section 3505 (now
6105) of this title) of this Act shall take effect on the date of
enactment of this Act (June 18, 1973).''
For short title of Pub. L. 93-43, June 18, 1973, 87 Stat. 75, which
enacted this chapter, as the ''National Cemeteries Act of 1973'', see
section 1 of Pub. L. 93-43 set out as a Short Title of 1973 Amendment
note under section 101 of this title.
Section 412 of Pub. L. 99-576 directed Administrator of Veterans'
Affairs to submit to Committees on Veterans' Affairs of Senate and House
of Representatives a report on National Cemetery System established by
this section not later than 90 days after Oct. 28, 1986, and a second
such report not later than 60 months after such date.
Section 414 of Pub. L. 99-576 provided that:
''(a) Authority. -- The authority of the Administrator of Veterans'
Affairs under chapter 24 of title 38, United States Code, to develop and
acquire cemeteries as part of the National Cemetery System includes, but
is not limited to, the authority to establish additional national
cemeteries to serve the needs of veterans and their families in --
''(1) San Francisco, California;
''(2) Chicago, Illinois;
''(3) Cleveland, Ohio;
''(4) Pittsburgh, Pennsylvania;
''(5) Dallas/Fort Worth, Texas;
''(6) Miami, Florida;
''(7) Seattle, Washington;
''(8) Atlanta, Georgia;
''(9) Phoenix/Tucson, Arizona;
''(10) Birmingham, Alabama; and
''(11) any other State in which a national cemetery is not available
for the burial of veterans.
''(b) Land Acquisition. -- The Administrator may acquire land
necessary for a cemetery authorized by subsection (a) of this section by
donation, purchase, condemnation, exchange of lands in the United States
public domain, or otherwise.''
38 USC 2401. Advisory Committee on Cemeteries and Memorials
TITLE 38 -- VETERANS' BENEFITS
There shall be appointed by the Secretary an Advisory Committee on
Cemeteries and Memorials. The Secretary shall advise and consult with
the Committee from time to time with respect to the administration of
the cemeteries for which the Secretary is responsible, and with respect
to the selection of cemetery sites, the erection of appropriate
memorials, and the adequacy of Federal burial benefits. The Committee
shall make periodic reports and recommendations to the Secretary and to
Congress.
(Added Pub. L. 93-43, 2(a), June 18, 1973, 87 Stat. 75, 1001;
amended Pub. L. 99-576, title VII, 701(53), Oct. 28, 1986, 100 Stat.
3295; Pub. L. 101-237, title III, 313(b)(1), Dec. 18, 1989, 103 Stat.
2077; renumbered 2401, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat.
406.)
1991 -- Pub. L. 102-83 renumbered section 1001 of this title as this
section.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator'' wherever appearing.
1986 -- Pub. L. 99-576 substituted ''the Administrator'' for ''he''
before ''is responsible''.
Advisory committees established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a committee established by
the President or an officer of the Federal Government, such committee is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a committee established by the Congress, its
duration is otherwise provided for by law. See section 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title
5, Government Organization and Employees.
38 USC 2402. Persons eligible for interment in national cemeteries
TITLE 38 -- VETERANS' BENEFITS
Under such regulations as the Secretary may prescribe and subject to
the provisions of section 6105 of this title, the remains of the
following persons may be buried in any open national cemetery in the
National Cemetery System:
(1) Any veteran (which for the purposes of this chapter includes a
person who died in the active military, naval, or air service).
(2) Any member of a Reserve component of the Armed Forces, and any
member of the Army National Guard or the Air National Guard, whose death
occurs under honorable conditions while such member is hospitalized or
undergoing treatment, at the expense of the United States, for injury or
disease contracted or incurred under honorable conditions while such
member is performing active duty for training, inactive duty training,
or undergoing that hospitalization or treatment at the expense of the
United States.
(3) Any member of the Reserve Officers' Training Corps of the Army,
Navy, or Air Force whose death occurs under honorable conditions while
such member is --
(A) attending an authorized training camp or on an authorized
practice cruise;
(B) performing authorized travel to or from that camp or cruise; or
(C) hospitalized or undergoing treatment, at the expense of the
United States, for injury or disease contracted or incurred under
honorable conditions while such member is --
(i) attending that camp or on that cruise;
(ii) performing that travel; or
(iii) undergoing that hospitalization or treatment at the expense of
the United States.
(4) Any citizen of the United States who, during any war in which the
United States is or has been engaged, served in the armed forces of any
government allied with the United States during that war, and whose last
such service terminated honorably.
(5) The surviving spouse, minor child, and, in the discretion of the
Secretary, unmarried adult child of any of the persons listed in
paragraphs (1) through (4).
(6) Such other persons or classes of persons as may be designated by
the Secretary.
(Added Pub. L. 93-43, 2(a), June 18, 1973, 87 Stat. 75, 1002;
amended Pub. L. 99-576, title VII, 701(54), Oct. 28, 1986, 100 Stat.
3295; Pub. L. 101-237, title III, 313(b)(1), Dec. 18, 1989, 103 Stat.
2077; Pub. L. 102-40, title IV, 402(d)(1), May 7, 1991, 105 Stat. 239;
renumbered 2402, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 1002 of this title as this
section.
Pub. L. 102-40 substituted ''6105'' for ''3505'' in introductory
provisions.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator'' wherever appearing.
1986 -- Pars. (2), (3). Pub. L. 99-576, 701(54)(A), substituted
''while such member'' for ''while he'' wherever appearing.
Par. (5). Pub. L. 99-576, 701(54)(B), struck out ''wife, husband,''
before ''surviving spouse''.
38 USC 2403. Memorial areas
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall set aside, when available, suitable areas in
national cemeteries to honor the memory of members of the Armed Forces
and veterans --
(1) who are missing in action;
(2) whose remains have not been recovered or identified;
(3) whose remains were buried at sea, whether by the member's or
veteran's own choice or otherwise;
(4) whose remains were donated to science; or
(5) whose remains were cremated and the ashes scattered without
interment of any portion of the ashes.
(b) Under regulations prescribed by the Secretary, appropriate
memorials or markers shall be erected to honor the memory of those
individuals, or group of individuals, referred to in subsection (a) of
this section.
(c) All national and other veterans' cemeteries in the National
Cemetery System created by this chapter shall be considered national
shrines as a tribute to our gallant dead and, notwithstanding the
provisions of any other law, the Secretary is hereby authorized to
permit appropriate officials to fly the flag of the United States of
America at such cemeteries twenty-four hours each day.
(Added Pub. L. 93-43, 2(a), June 18, 1973, 87 Stat. 76, 1003;
amended Pub. L. 97-66, title VI, 603(b), Oct. 17, 1981, 95 Stat. 1034;
Pub. L. 97-295, 4(34), Oct. 12, 1982, 96 Stat. 1307; Pub. L.
101-237, title III, 313(b)(1), Dec. 18, 1989, 103 Stat. 2077;
renumbered 2403, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
For composition of National Cemetery System created by this chapter,
referred to in subsec. (c), see section 2400(b) of this title.
1991 -- Pub. L. 102-83 renumbered section 1003 of this title as this
section.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator'' wherever appearing.
1982 -- Subsec. (c). Pub. L. 97-295 substituted ''chapter'' for
''Act'' after ''created by this''.
1981 -- Subsec. (a). Pub. L. 97-66 substituted provisions relating
to members of the Armed Forces and veterans, for provisions that related
only to members of the Armed Forces, struck out provisions limiting the
subsection to persons who died or were killed while serving in the Armed
Forces, and inserted provisions relating to persons whose remains have
not been recovered, whose remains were donated to science, or whose
remains were cremated and the ashes scattered without interment of any
portion of the ashes.
Amendment by Pub. L. 97-66 applicable with respect to veterans dying
before, on, or after Oct. 17, 1981, see section 701(b)(6) of Pub. L.
97-66, set out as a note under section 1114 of this title.
38 USC 2404. Administration
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary is authorized to make all rules and regulations
which are necessary or appropriate to carry out the provisions of this
chapter, and may designate those cemeteries which are considered to be
national cemeteries.
(b) In conjunction with the development and administration of
cemeteries for which the Secretary is responsible, the Secretary shall
provide all necessary facilities including, as necessary,
superintendents' lodges, chapels, crypts, mausoleums, and columbaria.
(c)(1) Subject to paragraph (2), each grave in a national cemetery
shall be marked with an appropriate marker. Such marker shall bear the
name of the person buried, the number of the grave, and such other
information as the Secretary shall by regulation prescribe.
(2) The grave markers referred to in paragraph (1) shall be upright
for interments that occur on or after January 1, 1987, except that --
(A) in the case of any cemetery scheduled to be closed by September
30, 1991, as indicated in the documents submitted by the Administrator
of Veterans' Affairs to the Congress in justification for the amounts
included for Veterans' Administration programs in the President's Budget
for fiscal year 1987, the Secretary may provide for flat grave markers;
(B) in the case of any cemetery with a section which has flat markers
on October 28, 1986, the Secretary may continue to provide for flat
grave markers in such section;
(C) in the case of any cemetery located on the grounds of or adjacent
to a Department health-care facility, the Secretary may provide for flat
grave markers; and
(D) in the case of grave sites of cremated remains that are interred
in the ground, the Secretary may provide for flat grave markers.
(d) There shall be kept in each national cemetery, and at the main
office of the Department, a register of burials in each cemetery setting
forth the name of each person buried in the cemetery, the number of the
grave in which the veteran is buried, and such other information as the
Secretary by regulation may prescribe.
(e) In carrying out the Secretary's responsibilities under this
chapter, the Secretary may contract with responsible persons, firms, or
corporations for the care and maintenance of such cemeteries under the
Secretary's jurisdiction as the Secretary shall choose, under such terms
and conditions as the Secretary may prescribe.
(f)(1) The Secretary is authorized to convey to any State, or
political subdivision thereof, in which any national cemetery is
located, all right, title, and interest of the United States in and to
any Government owned or controlled approach road to such cemetery if,
prior to the delivery of any instrument of conveyance, the State or
political subdivision to which such conveyance is to be made notifies
the Secretary in writing of its willingness to accept and maintain the
road included in such conveyance. Upon the execution and delivery of
such a conveyance, the jurisdiction of the United States over the road
conveyed shall cease and thereafter vest in the State or political
subdivision concerned.
(2) The Secretary may, to the extent of appropriated funds available
for such purpose, make a contribution to local authorities for the
construction of road improvements or traffic controls or other devices
on land adjacent to a national cemetery if the Secretary determines that
such a contribution is essential to ensure safe ingress to or egress
from the cemetery.
(g) Notwithstanding any other provision of law, the Secretary may at
such time as the Secretary deems desirable, relinquish to the State in
which any cemetery, monument, or memorial under the Secretary's
jurisdiction is located, such portion of legislative jurisdiction over
the lands involved as is necessary to establish concurrent jurisdiction
between the Federal Government and the State concerned. Such partial
relinquishment of jurisdiction under the authority of this subsection
may be made by filing with the Governor of the State involved a notice
of such relinquishment and shall take effect upon acceptance thereof by
the State in such manner as its laws may prescribe.
(Added Pub. L. 93-43, 2(a), June 18, 1973, 87 Stat. 76, 1004;
amended Pub. L. 99-576, title IV, 411, title VII, 701(55), Oct. 28,
1986, 100 Stat. 3283, 3295; Pub. L. 100-322, title III, 341(a), 342,
May 20, 1988, 102 Stat. 539, 540; Pub. L. 101-237, title III,
313(b)(1), Dec. 18, 1989, 103 Stat. 2077; Pub. L. 102-54, 14(b)(21),
June 13, 1991, 105 Stat. 284; renumbered 2404 and amended Pub. L.
102-83, 4(a)(3), (4), (b)(7), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 1004 of this title
as this section.
Subsec. (c)(2)(A). Pub. L. 102-83, 4(b)(7), substituted
''Administrator of Veterans' Affairs'' for ''Secretary''.
Subsec. (c)(2)(B). Pub. L. 102-54 substituted ''October 28, 1986''
for ''the date of the enactment of the Veterans' Benefits Improvement
and Health-Care Authorization Act of 1986''.
Subsec. (c)(2)(C). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration''.
Subsec. (d). Pub. L. 102-83, 4(a)(3), (4), substituted
''Department'' for ''Veterans' Administration''.
1989 -- Pub. L. 101-237 substituted ''Secretary'' and
''Secretary's'' for ''Administrator'' and ''Administrator's'',
respectively, wherever appearing.
1988 -- Subsec. (c)(2)(C), (D). Pub. L. 100-322, 341(a), added
subpars. (C) and (D).
Subsec. (f). Pub. L. 100-322, 342, designated existing provisions as
par. (1) and added par. (2).
1986 -- Subsec. (b). Pub. L. 99-576, 701(55)(B), substituted ''the
Administrator'' for ''he'' before ''is responsible''.
Subsec. (c). Pub. L. 99-576, 411, designated existing provisions as
par. (1), substituted ''Subject to paragraph (2), each'' for ''Each'',
and added par. (2).
Subsec. (d). Pub. L. 99-576, 701(55)(A), substituted ''the veteran''
for ''he''.
Subsecs. (e), (g). Pub. L. 99-576, 701(55)(B), (C), substituted
''the Administrator'' and ''the Administrator's'' for ''he'' and
''his'', respectively, wherever appearing.
Section 6 of Pub. L. 93-43 provided that:
''(Jurisdiction) (a)(1) There are hereby transferred from the
Secretary of the Army to the Administrator of Veterans' Affairs all
jurisdiction over, and responsibility for, (A) all national cemeteries
(except the cemetery at the United States Soldiers' and Airmen's Home
and Arlington National Cemetery), and (B) any other cemetery (including
burial plots), memorial, or monument under the jurisdiction of the
Secretary of the Army immediately preceding the effective date of this
section (see note hereunder) (except the cemetery located at the United
States Military Academy at West Point) which the President determines
would be appropriate in carrying out the purposes of this Act (see
Tables for classification).
''(2) There are hereby transferred from the Secretary of the Navy and
the Secretary of the Air Force to the Administrator of Veterans' Affairs
all jurisdiction over, and responsibility for, any cemetery (including
burial plots), memorial, or monument under the jurisdiction of either
Secretary immediately preceding the effective date of this section (see
note hereunder) (except those cemeteries located at the United States
Naval Academy at Annapolis, the United States Naval Home Cemetery at
Philadelphia, and the United States Air Force Academy at Colorado
Springs) which the President determines would be appropriate in carrying
out the purposes of this Act (see Tables for classification).
''(Personnel; property; records; and funds) (b) So much of the
personnel, property, records, and unexpended balances of appropriations,
allocations, and other funds available to, or under the jurisdiction of,
the Secretary of the Army, the Secretary of the Navy, and the Secretary
of the Air Force, in connection with functions transferred by this Act,
as determined by the Director of the Office of Management and Budget,
are transferred to the Administrator of Veterans' Affairs.
''(Savings provision; offenses, penalties and forfeitures) (c) All
offenses committed and all penalties an forfeitures incurred under any
of the provisions of law amended or repealed by this Act may be
prosecuted and punished in the same manner and with the same effect as
if such amendments or repeals had not been made.
''(Same; rules; regulations, permits, and other privileges) (d) All
rules, regulations, orders, permits, and other privileges issued or
granted by the Secretary of the Army, the Secretary of the Navy, or the
Secretary of the Air Force with respect to the cemeteries, memorials,
and monuments transferred to the Veterans' Administration by this Act,
unless contrary to the provisions of such Act, shall remain in full
force and effect until modified, suspended, overruled, or otherwise
changed by the Administrator of Veterans' Affairs, by any court of
competent jurisdiction, or by operation of law.
''(Abatement of proceedings; proceedings against United States or
officer of Veterans' Administration; judicial orders; continuation of
suits by Administrator) (e) No suit, action, or other proceeding
commenced by or against any officer in his official capacity as an
official of the Department of the Army, the Department of the Navy, or
the Department of the Air Force with respect to functions transferred
under subsection (a) or (c) of this section shall abate by reason of the
enactment of this section. No cause of action by or against any such
department with respect to functions transferred under such subsection
(a) or by or against any officer thereof in his official capacity, shall
abate by reason of the enactment of this section. Causes of actions,
suits, or other proceedings may be asserted by or against the United
States or such officer of the Veterans' Administration as may be
appropriate and, in any litigation pending when this section takes
effect, the court may at any time, upon its own motion or that of any
party, enter an order which will give effect to the provisions of this
subsection. If before the date this section takes effect (see note
hereunder), any such department, or officer thereof in his official
capacity, is a party to a suit with respect to any function so
transferred, such suit shall be continued by the Administrator of
Veterans' Affairs.''
(Section 6 of Pub. L. 93-43 effective Sept. 1, 1973, or such earlier
date as the President may prescribe and publish in the Federal Register,
see section 10(c) of Pub. L. 93-43, set out as an Effective Date note
under section 2306 of this title.)
(The United States Soldiers' and Airmen's Home and the United States
Naval Home were incorporated into the Armed Forces Retirement Home by
section 411 of Title 24, Hospitals and Asylums.)
Section 11 of Pub. L. 102-54, as amended by Pub. L. 102-83,
5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:
''Notwithstanding section 2404(c)(2) of title 38, United States Code,
the Secretary may provide for flat grave markers in that section of the
Florida National Cemetery in which preplaced grave liners were installed
before July 30, 1988.''
Section 341(b) of Pub. L. 100-322, as amended by Pub. L. 102-83,
5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:
''Notwithstanding section 2404(c)(2) of title 38, United States Code,
the Administrator may provide for flat grave markers in the cases of the
national cemeteries in Riverside, California; Bourne, Massachusetts;
Augusta, Michigan; and Indiantown Gap, Pennsylvania; and the proposed
national cemetery approved by the Administrator, as of July 31, 1987,
for Northern California.''
Repeal of sections 271 to 276, 278 to 279d, 281 to 282, 286 to 290,
and 296 of Title 24, Hospitals and Asylums, and enactment of provisions
set out as notes under sections 271 to 276 of Title 24 without effect
upon functions, powers, and duties of secretaries of the military
departments with respect to cemeteries, memorials, or monuments under
the jurisdiction of the secretary concerned to which the transfer
provisions of section 6(a) of Pub. L. 93-43, set out as a note above,
do not apply, see section 7(b) of Pub. L. 93-43, set out as a note
under sections 271 to 276 of Title 24.
Section 3 of Pub. L. 93-43 authorized the Administrator to conduct a
comprehensive study concerning the criteria governing the development
and operation of the National Cemetery System, including the concept of
regional cemeteries, the relationship of the National Cemetery System to
other burial benefits provided by Federal and State Governments to
servicemen and veterans, steps taken to conform the existing system to
the recommended criteria, private burial and funeral costs in the United
States, current headstone and marker programs, and the marketing and
sales practices of non-Federal cemeteries and interment facilities, and
to submit his recommendations within twelve months after the convening
of the first session of the Ninety-third Congress and also authorized
the Administrator, in conjunction with the Secretary of Defense, to
conduct a comprehensive study concerning the advisability of including
Arlington National Cemetery within the National Cemetery System, the
appropriateness of maintaining the present eligibility requirements for
burial at Arlington National Cemetery and the advisability of
establishing another national cemetery, and to submit the results of
their joint recommendations within twelve months after the convening of
the first session of the Ninety-third Congress.
38 USC 2405. Disposition of inactive cemeteries
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary may transfer, with the consent of the agency
concerned, any inactive cemetery, burial plot, memorial, or monument
within the Secretary's control to the Department of the Interior for
maintenance as a national monument or park, or to any other agency of
the Government. Any cemetery transferred to the Department of the
Interior shall be administered by the Secretary of the Interior as a
part of the National Park System, and funds appropriated to the
Secretary of the Interior for such system shall be available for the
management and operation of such cemetery.
(b) The Secretary may also transfer and convey all right, title, and
interest of the United States in or to any inactive cemetery or burial
plot, or portion thereon, to any State, county, municipality, or proper
agency thereof, in which or in the vicinity of which such cemetery or
burial plot is located, but in the event the grantee shall cease or fail
to care for and maintain the cemetery or burial plot or the graves and
monuments contained therein in a manner satisfactory to the Secretary,
all such right, title, and interest transferred or conveyed by the
United States, shall revert to the United States.
(c) If a cemetery not within the National Cemetery System has been or
is to be discontinued, the Secretary may provide for the removal of
remains from that cemetery to any cemetery within such System. The
Secretary may also provide for the removal of the remains of any veteran
from a place of temporary interment, or from an abandoned grave or
cemetery, to a national cemetery.
(Added Pub. L. 93-43, 2(a), June 18, 1973, 87 Stat. 77, 1005;
amended Pub. L. 99-576, title VII, 701(56), Oct. 28, 1986, 100 Stat.
3295; Pub. L. 101-237, title III, 313(b)(1), (4), Dec. 18, 1989, 103
Stat. 2077; renumbered 2405, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105
Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 1005 of this title as this
section.
1989 -- Subsec. (a). Pub. L. 101-237, 313(b)(4), inserted ''of the
Interior'' after ''funds appropriated to the Secretary''.
Pub. L. 101-237, 313(b)(1), substituted ''Secretary may transfer''
for ''Administrator may transfer'' and ''Secretary's'' for
''Administrator's''.
Subsecs. (b), (c). Pub. L. 101-237, 313(b)(1), substituted
''Secretary'' for ''Administrator'' wherever appearing.
1986 -- Subsec. (a). Pub. L. 99-576, 701(56)(A), substituted ''the
Administrator's'' for ''his''.
Subsec. (c). Pub. L. 99-576, 701(56)(B), substituted ''The
Administrator'' for ''He''.
38 USC 2406. Acquisition of lands
TITLE 38 -- VETERANS' BENEFITS
As additional lands are needed for national cemeteries, they may be
acquired by the Secretary by purchase, gift (including donations from
States or political subdivisions thereof), condemnation, transfer from
other Federal agencies, or otherwise, as the Secretary determines to be
in the best interest of the United States.
(Added Pub. L. 93-43, 2(a), June 18, 1973, 87 Stat. 78, 1006;
amended Pub. L. 99-576, title VII, 701(57), Oct. 28, 1986, 100 Stat.
3295; Pub. L. 101-237, title III, 313(b)(1), Dec. 18, 1989, 103 Stat.
2077; renumbered 2406, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat.
406.)
1991 -- Pub. L. 102-83 renumbered section 1006 of this title as this
section.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator'' wherever appearing.
1986 -- Pub. L. 99-576 substituted ''the Administrator'' for ''he''.
38 USC 2407. Authority to accept and maintain suitable memorials
TITLE 38 -- VETERANS' BENEFITS
Subject to such restrictions as the Secretary may prescribe, the
Secretary may accept gifts, devises, or bequests from legitimate
societies and organizations or reputable individuals, made in any
manner, which are made for the purpose of beautifying national
cemeteries, or are determined to be beneficial to such cemetery. The
Secretary may make land available for this purpose, and may furnish such
care and maintenance as the Secretary deems necessary.
(Added Pub. L. 93-43, 2(a), June 18, 1973, 87 Stat. 78, 1007;
amended Pub. L. 99-576, title VII, 701(58), Oct. 28, 1986, 100 Stat.
3296; Pub. L. 101-237, title III, 313(b)(1), Dec. 18, 1989, 103 Stat.
2077; renumbered 2407, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat.
406.)
1991 -- Pub. L. 102-83 renumbered section 1007 of this title as this
section.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator'' wherever appearing.
1986 -- Pub. L. 99-576 substituted ''the Administrator'' for ''he''
in two places and ''The Administrator'' for ''He''.
38 USC 2408. Aid to States for establishment, expansion, and
improvement of veterans' cemeteries
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Subject to subsection (b) of this section, the Secretary may
make grants to any State to assist such State in establishing,
expanding, or improving veterans' cemeteries owned by such State. Any
such grant may be made only upon submission of an application to the
Secretary in such form and manner, and containing such information, as
the Secretary may require.
(2) There is authorized to be appropriated $5,000,000 for fiscal year
1980 and for each of the four succeeding fiscal years, and such sums as
may be necessary for fiscal year 1985 and for each of the nine
succeeding fiscal years, for the purpose of making grants under
paragraph (1) of this subsection.
(b) Grants under this section shall be subject to the following
conditions:
(1) The amount of any grant under this section may not exceed an
amount equal to 50 percent of the total of the value of the land to be
acquired or dedicated for the cemetery and the cost of the improvements
to be made on such land, with the remaining amount to be contributed by
the State receiving the grant.
(2) If at the time of a grant under this section the State receiving
the grant dedicates for the purposes of the cemetery involved land
already owned by the State, the value of such land may be considered in
determining the amount of the State's contribution under paragraph (1)
of this subsection, but the value of such land may not be used for more
than an amount equal to 50 percent of the amount of such contribution
and may not be used as part of such State's contribution for any
subsequent grant under this section.
(3) If a State that has received a grant under this section to
establish, expand, or improve a veterans' cemetery ceases to own such
cemetery, ceases to operate such cemetery as a veterans' cemetery, or
uses any part of the funds provided through such grant for a purpose
other than that for which the grant was made, the United States shall be
entitled to recover from such State the total of all grants made under
this section to such State in connection with such cemetery.
(c)(1) In addition to the conditions specified in subsection (b) of
this section, any grant to a State under this section to assist such
State in establishing a veterans' cemetery shall be made on the
condition that such cemetery shall conform to such standards and
guidelines relating to site selection, planning, and construction as the
Secretary may by regulation prescribe. In prescribing regulations for
the purposes of the preceding sentence, the Secretary shall take into
account the standards and guidelines for site selection, planning, and
construction that are applicable to cemeteries in the National Cemetery
System, including those provided in subsections (b), (c), and (d) of
section 2404 of this title.
(2) The Secretary may by regulation prescribe such additional terms
and conditions for grants under this section as the Secretary considers
appropriate.
(d) Sums appropriated under subsection (a) of this section shall
remain available until the end of the second fiscal year following the
fiscal year for which they are appropriated. If all funds from a grant
under this section have not been utilized by a State for the purpose for
which the grant was made within three years after such grant is made,
the United States shall be entitled to recover any such unused grant
funds from such State.
(Added Pub. L. 95-476, title II, 202(b)(1), Oct. 18, 1978, 92 Stat.
1504, 1008; amended Pub. L. 98-223, title II, 202, Mar. 2, 1984, 98
Stat. 41; Pub. L. 100-322, title III, 343, May 20, 1988, 102 Stat.
540; Pub. L. 100-687, div. B, title XVI, 1601, Nov. 18, 1988, 102
Stat. 4137; Pub. L. 101-237, title III, 313(b)(1), Dec. 18, 1989, 103
Stat. 2077; renumbered 2408 and amended Pub. L. 102-83, 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 1008 of this title
as this section.
Subsec. (c)(1). Pub. L. 102-83, 5(c)(1), substituted ''2404'' for
''1004''.
1989 -- Subsecs. (a)(1), (c). Pub. L. 101-237 substituted
''Secretary'' for ''Administrator'' wherever appearing.
1988 -- Subsec. (a)(2). Pub. L. 100-687 substituted ''nine'' for
second reference to ''four''.
Subsec. (b)(1). Pub. L. 100-322, 343(1)-(3), redesignated par. (2)
as (1), substituted ''percent'' for ''per centum'', and struck out
former par. (1) which read as follows: ''No State may receive grants
under this section in any fiscal year in a total amount in excess of 20
per centum of the total amount appropriated for such grants for such
fiscal year.''
Subsec. (b)(2). Pub. L. 100-322, 343(2)-(4), redesignated par. (3)
as (2) and substituted ''percent'' for ''per centum'' and ''paragraph
(1)'' for ''paragraph (2)''. Former par. (2) redesignated (1).
Subsec. (b)(3), (4). Pub. L. 100-322, 343(2), redesignated par.
(4) as (3). Former par. (3) redesignated (2).
1984 -- Subsec. (a)(2). Pub. L. 98-223 inserted '', and such sums as
may be necessary for fiscal year 1985 and for each of the four
succeeding fiscal years,'' after ''fiscal years''.
Section effective Oct. 18, 1978, see section 205(a) of Pub. L.
95-476, set out as an Effective Date of 1978 Amendment note under
section 2303 of this title.
38 USC 2409. Memorial areas in Arlington National Cemetery
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary of the Army may set aside, when available, a
suitable area or areas in Arlington National Cemetery, Virginia, to
honor the memory of members of the Armed Forces and veterans --
(1) who are missing in action;
(2) whose remains have not been recovered or identified;
(3) whose remains were buried at sea, whether by the member's or
veteran's own choice or otherwise;
(4) whose remains were donated to science; or
(5) whose remains were cremated and whose ashes were scattered
without interment of any portion of the ashes.
(b) Under regulations prescribed by the Secretary of the Army,
appropriate memorials or markers may be erected in Arlington National
Cemetery to honor the memory of those individuals, or group of
individuals, referred to in subsection (a) of this section.
(Added Pub. L. 99-576, title IV, 413(a), Oct. 28, 1986, 100 Stat.
3284, 1009; amended Pub. L. 101-237, title III, 313(b)(5), Dec. 18,
1989, 103 Stat. 2077; renumbered 2409, Pub. L. 102-83, 5(a), Aug. 6,
1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 1009 of this title as this
section.
1989 -- Subsec. (b). Pub. L. 101-237 inserted ''of the Army'' after
''Secretary''.
38 USC 2410. Burial of cremated remains in Arlington National Cemetery
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary of the Army shall designate an area of appropriate
size within Arlington National Cemetery for the unmarked interment, in
accordance with such regulations as the Secretary may prescribe, of the
ashes of persons eligible for interment in Arlington National Cemetery
whose remains were cremated. Such area shall be an area not suitable
for the burial of casketed remains.
(b) The Secretary of each military department shall make available
appropriate forms on which those members of the Armed Forces who so
desire may indicate their desire to be buried within the area to be
designated under subsection (a).
(Added Pub. L. 101-237, title V, 502(a), Dec. 18, 1989, 103 Stat.
2093, 1010; amended Pub. L. 102-54, 14(b)(22), June 13, 1991, 105
Stat. 284; renumbered 2410, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105
Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 1010 of this title as this
section.
Subsec. (b). Pub. L. 102-54 substituted ''each military department''
for ''the military departments''.
38 USC PART III -- READJUSTMENT AND RELATED BENEFITS
TITLE 38 -- VETERANS' BENEFITS
Chap. Sec.
30.
All-Volunteer Force Educational Assistance Program 3001
31.
Training and Rehabilitation for Veterans with Service-Connected
Disabilities 3100
32.
Post-Vietnam Era Veterans' Educational Assistance 3201
34.
Veterans' Educational Assistance 3451
35.
Survivors' and Dependents' Educational Assistance 3500
36.
Administration of Educational Benefits 3670
37.
Housing and Small Business Loans 3701
39.
Automobiles and Adaptive Equipment for Certain Disabled Veterans and
Members of the Armed Forces 3901
41.
Job Counseling, Training, and Placement Service for Veterans 4100
42.
Employment and Training of Veterans 4211
43.
Veterans' Reemployment Rights /1/ 2021
1991 -- Pub. L. 102-83, 5(b)(2), Aug. 6, 1991, 105 Stat. 406,
substituted ''3001'' for ''1401'' in item for chapter 30, ''3100'' for
''1500'' in item for chapter 31, ''3201'' for ''1601'' in item for
chapter 32, ''3451'' for ''1651'' in item for chapter 34, ''3500'' for
''1700'' in item for chapter 35, ''3670'' for ''1770'' in item for
chapter 36, ''3701'' for ''1801'' in item for chapter 37, ''3901'' for
''1901'' in item for chapter 39, ''4100'' for ''2000'' in item for
chapter 41, and ''4211'' for ''2011'' in item for chapter 42.
Pub. L. 102-16, 9(c)(2), Mar. 22, 1991, 105 Stat. 55, struck out
''Disabled and Vietnam Era'' after ''Employment and Training of'' in
item for chapter 42.
1984 -- Pub. L. 98-525, title VII, 702(a)(2), Oct. 19, 1984, 98
Stat. 2563, added item for chapter 30.
1982 -- Pub. L. 97-306, title III, 301(b)(2), Oct. 14, 1982, 96
Stat. 1437, substituted ''2000'' for ''2001'' in item for chapter 41.
Pub. L. 97-295, 4(35)(A), Oct. 12, 1982, 96 Stat. 1307,
substituted ''1500'' for ''1,500'' in item for chapter 31.
Pub. L. 97-295, 4(35)(B), Oct. 12, 1982, 96 Stat. 1307,
substituted ''1651'' for ''1650'' in item for chapter 34.
1981 -- Pub. L. 97-72, title III, 302(b)(2), Nov. 3, 1981, 95
Stat. 1059, substituted ''Housing and Small Business Loans'' for
''Home, Condominium, and Mobile Home Loans'' in item for chapter 37.
1980 -- Pub. L. 96-466, title I, 101(b), Oct. 17, 1980, 94 Stat.
2186, substituted ''Training and Rehabilitation for Veterans with
Service-Connected Disabilities . . . 1,500'' for ''Vocational
Rehabilitation . . . 1501'' in item for chapter 31.
1976 -- Pub. L. 94-502, title III, 309(b), title IV, 405, Oct.
15, 1976, 90 Stat. 2391, 2397, added item for chapter 32 and
substituted ''Survivors' and Dependents' Educational Assistance'' for
''War Orphans' and Widows' Education Assistance'' in item for chapter
35.
1974 -- Pub. L. 93-569, 7(d), Dec. 31, 1974, 88 Stat. 1866,
substituted ''Home, Condominium, and Mobile Home Loans'' for ''Home,
Farm, and Business Loans'' in item for chapter 37.
Pub. L. 93-508, title IV, 404(b), Dec. 3, 1974, 88 Stat. 1600,
added item for chapter 43.
1972 -- Pub. L. 92-540, title V, 502(b), 503(b), Oct. 24, 1972,
86 Stat. 1097, 1098, substituted '', Training and'' for ''and
Employment'' in item for chapter 41 and added item for chapter 42.
1971 -- Pub. L. 91-666, 2(b), Jan. 11, 1971, 84 Stat. 2000,
substituted ''Automobiles and Adaptive Equipment for Certain Disabled
Veterans and Members of the Armed Forces'' for ''Automobiles for
Disabled Veterans'' in item for chapter 39.
1968 -- Pub. L. 90-631, 2(h)(2), Oct. 23, 1968, 82 Stat. 1333,
substituted ''War Orphans' and Widows' Educational Assistance . . .
1700'' for ''War Orphan's Educational Assistance . . . 1701'' in item
for chapter 35.
1966 -- Pub. L. 89-358, 4(c), 6(b), Mar. 3, 1966, 80 Stat. 23,
27, added item for chapter ''34. Veterans' Educational Assistance . . .
1650'', struck out item for chapter ''33. Education of Korean Conflict
Veterans . . . 1601'' and added item for chapter 36; and substituted
''Job Counseling and Employment Placement Service for Veterans'' for
''Unemployment Benefits for Veterans'' in item for chapter 41.
1965 -- Pub. L. 89-50, 1(b), June 24, 1965, 79 Stat. 173, struck
out item for chapter 43 ''Mustering-Out Payments''.
/1/ So in original. Probably should be ''4301''.
38 USC CHAPTER 30 -- ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
TITLE 38 -- VETERANS' BENEFITS
Sec.
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.
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.
3019. Tutorial assistance.
3021. Supplemental educational assistance for additional service.
3022. Amount of supplemental educational assistance.
3023. Payment of supplemental educational assistance under this
subchapter.
PROVISIONS
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. Reporting requirement.
1992 -- Pub. L. 102-484, div. D, title XLIV, 4404(b)(1), Oct. 23,
1992, 106 Stat. 2706, added item 3018B.
1991 -- Pub. L. 102-83, 5(b)(1), Aug. 6, 1991, 105 Stat. 406,
renumbered items 1401 to 1436 as 3001 to 3036, respectively.
Pub. L. 102-54, 14(c)(2), June 13, 1991, 105 Stat. 285, substituted
''subchapter'' for ''chapter'' in item 1423.
1990 -- Pub. L. 101-510, div. A, title V, 561(a)(2), Nov. 5,
1990, 104 Stat. 1573, added item 1418A.
1988 -- Pub. L. 100-689, title I, 101(b), 103(c), 107(a)(3), Nov.
18, 1988, 102 Stat. 4162, 4166, 4168, added items 1417 to 1419.
1986 -- Pub. L. 99-576, title III, 301(d)(2), Oct. 28, 1986, 100
Stat. 3268, amended item 1432 generally, substituting ''Limitations''
for ''Limitation''.
10 sections 708, 2006, 2131, 2132; title 20 section
1087vv; title 26 section 135; title 42 section
12524.
38 USC SUBCHAPTER I -- PURPOSES; DEFINITIONS
TITLE 38 -- VETERANS' BENEFITS
38 USC 3001. Purposes
TITLE 38 -- VETERANS' BENEFITS
The purposes of this chapter are --
(1) to provide a new educational assistance program to assist in the
readjustment of members of the Armed Forces to civilian life after their
separation from military service;
(2) to extend the benefits of a higher education to qualifying men
and women who might not otherwise be able to afford such an education;
(3) to provide for vocational readjustment and to restore lost
educational opportunities to those service men and women who served on
active duty after June 30, 1985;
(4) to promote and assist the All-Volunteer Force program and the
Total Force Concept of the Armed Forces by establishing a new program of
educational assistance based upon service on active duty or a
combination of service on active duty and in the Selected Reserve
(including the National Guard) to aid in the recruitment and retention
of highly qualified personnel for both the active and reserve components
of the Armed Forces;
(5) to give special emphasis to providing educational assistance
benefits to aid in the retention of personnel in the Armed Forces; and
(6) to enhance our Nation's competitiveness through the development
of a more highly educated and productive work force.
(Added Pub. L. 98-525, title VII, 702(a)(1), Oct. 19, 1984, 98 Stat.
2553, 1401; amended Pub. L. 100-48, 5, June 1, 1987, 101 Stat. 331;
renumbered 3001, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
Prior section 3001 was renumbered section 5101 of this title.
1991 -- Pub. L. 102-83 renumbered section 1401 of this title as this
section.
1987 -- Pars. (2) to (6). Pub. L. 100-48 added pars. (2), (3), and
(6), redesignated former pars. (2) and (3) as (4) and (5),
respectively, struck out ''and'' after ''Forces;'' in par. (4), and
substituted ''Forces; and'' for ''Forces.'' in par. (5).
38 USC 3002. Definitions
TITLE 38 -- VETERANS' BENEFITS
For the purposes of this chapter --
(1) The term ''basic educational assistance'' means educational
assistance provided under subchapter II of this chapter.
(2) The term ''supplemental educational assistance'' means
educational assistance provided under subchapter III of this chapter.
(3) The term ''program of education'' --
(A) has the meaning given such term in section 3452(b) of this title,
and
(B) in the case of an individual who is not serving on active duty,
includes (i) a full-time program of apprenticeship or of other on-job
training approved as provided in clause (1) or (2), as appropriate, of
section 3687(a) of this title, and (ii) a cooperative program (as
defined in section 3482(a)(2) of this title).
(4) The term ''Selected Reserve'' means the Selected Reserve of the
Ready Reserve of any of the reserve components (including the Army
National Guard of the United States and the Air National Guard of the
United States) of the Armed Forces, as required to be maintained under
section 268(b) of title 10.
(5) The term ''Secretary of Defense'' means the Secretary of Defense,
except that it means the Secretary of Transportation with respect to the
Coast Guard when it is not operating as a service in the Navy.
(6) 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 511(d) of title 10 pursuant to an enlistment
in the Army National Guard or the Air National Guard, or as a Reserve
for service in the Army Reserve, Naval Reserve, Air Force Reserve,
Marine Corps Reserve, or Coast Guard Reserve.
(7) The term ''active duty'' includes full-time National Guard duty
first performed after November 29, 1989, by a member of the Army
National Guard of the United States or the Air National Guard of the
United States in the member's status as a member of the National Guard
of a State for the purpose of organizing, administering, recruiting,
instructing, or training the National Guard.
(Added Pub. L. 98-525, title VII, 702(a)(1), Oct. 19, 1984, 98 Stat.
2554, 1402; amended Pub. L. 99-576, title III, 301(a), Oct. 28,
1986, 100 Stat. 3267; Pub. L. 100-689, title I, 108(a)(1), 111(a)(1),
Nov. 18, 1988, 102 Stat. 4169, 4170; Pub. L. 101-237, title IV,
423(b)(3), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101-510, div. A,
title V, 563(a), Nov. 5, 1990, 104 Stat. 1575; renumbered 3002 and
amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
Prior sections 3002 to 3004 were renumbered sections 5102 to 5104 of
this title, respectively.
Another prior section 3004, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1225, which related to reopening of disallowed claims and to effective
date of any subsequent awards, was repealed by Pub. L. 87-825, 5(a),
7, Oct. 15, 1962, 76 Stat. 950, effective first day of second calendar
month which begins after Oct. 15, 1962.
Prior sections 3005 to 3010 were renumbered sections 5105 to 5110 of
this title, respectively.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1402 of this title
as this section.
Par. (3). Pub. L. 102-83, 5(c)(1), substituted ''3452(b)'' for
''1652(b)'' in subpar. (A) and ''3687(a)'' for ''1787(a)'' and
''3482(a)(2)'' for ''1682(a)(2)'' in subpar. (B).
1990 -- Par. (7). Pub. L. 101-510 added par. (7).
1989 -- Par. (5). Pub. L. 101-237 amended par. (5) generally.
Prior to amendment, par. (5) read as follows: ''The term 'Secretary'
means the Secretary of Defense with respect to members of the Armed
Forces under the jurisdiction of the Secretary of a military department
and the Secretary of Transportation with respect to the Coast Guard when
it is not operating as a service in the Navy.''
1988 -- Par. (3)(B). Pub. L. 100-689, 111(a)(1), substituted ''in
the case of an individual who is not serving on active duty, includes''
for ''includes''.
Pub. L. 100-689, 108(a)(1), inserted cl. (i) designation and added
cl. (ii).
1986 -- Par. (3). Pub. L. 99-576 amended par. (3) generally. Prior
to amendment, par. (3) read as follows: ''The term 'program of
education' has the meaning given such term in section 1652(b) of this
title.''
Section 563(b) of Pub. L. 101-510, as amended by Pub. L. 102-83,
5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: ''The amendment
made by this section (amending this section) shall apply only to
individuals who before the date of entry on active duty, as defined in
section 3002(7) (formerly 1402(7)) of title 38, United States Code (as
added by subsection (a)), have never served on active duty as defined in
section 101(21) of that title.''
Section 108(c) of Pub. L. 100-689 provided that: ''The amendments
made by this section (amending this section and sections 1432, 1602, and
1631 (now 3032, 3202, and 3231) of this title) shall take effect on
January 1, 1989.''
38 USC SUBCHAPTER II -- BASIC EDUCATIONAL ASSISTANCE
TITLE 38 -- VETERANS' BENEFITS
38 USC 3011. Basic educational assistance entitlement for service on
active duty
TITLE 38 -- VETERANS' BENEFITS
(a) Except as provided in subsection (c) of this section, each
individual --
(1) who --
(A) after June 30, 1985, first becomes a member of the Armed Forces
or first enters on active duty as a member of the Armed Forces and --
(i) who (I) serves, as the individual's initial obligated period of
active duty, at least three years of continuous active duty in the Armed
Forces, or (II) in the case of an individual whose initial period of
active duty is less than three years, serves at least two years of
continuous active duty in the Armed Forces; or
(ii) who serves in the Armed Forces and is discharged or released
from active duty (I) for a service-connected disability, for a medical
condition which preexisted such service on active duty and which the
Secretary determines is not service connected, for hardship, or for a
physical or mental condition that was not characterized as a disability
and did not result from the individual's own willful misconduct but did
interfere with the individual's performance of duty, as determined by
the Secretary of each military department in accordance with regulations
prescribed by the Secretary of Defense or by the Secretary of
Transportation with respect to the Coast Guard when it is not operating
as a service in the Navy; (II) for the convenience of the Government,
in the case of an individual who completed not less than 20 months of
continuous active duty, if the initial obligated period of active duty
of the individual was less than three years, or in the case of an
individual who completed not less than 30 months of continuous active
duty if the initial obligated period of active duty of the individual
was at least three years; or (III) involuntarily for the convenience of
the Government as a result of a reduction in force, as determined by the
Secretary of the military department concerned in accordance with
regulations prescribed by the Secretary of Defense or by the Secretary
of Transportation with respect to the Coast Guard when it is not
operating as a service in the Navy; or
(B) as of December 31, 1989, is eligible for educational assistance
benefits under chapter 34 of this title and was on active duty at any
time during the period beginning on October 19, 1984, and ending on July
1, 1985, continued on active duty without a break in service and --
(i) after June 30, 1985, serves at least three years of continuous
active duty in the Armed Forces; or
(ii) after June 30, 1985, is discharged or released from active duty
(I) for a service-connected disability, for a medical condition which
preexisted such service on active duty and which the Secretary
determines is not service connected, for hardship, or for a physical or
mental condition that was not characterized as a disability, as
described in subparagraph (A)(ii)(I) of this paragraph; (II) for the
convenience of the Government, if the individual completed not less than
30 months of continuous active duty after that date; or (III)
involuntarily for the convenience of the Government as a result of a
reduction in force, as determined by the Secretary of the military
department concerned in accordance with regulations prescribed by the
Secretary of Defense or by the Secretary of Transportation with respect
to the Coast Guard when it is not operating as a service in the Navy;
(2) who, except as provided in subsection (e) of this section,
completed the requirements of a secondary school diploma (or equivalency
certificate) not later than --
(A) the original ending date of the individual's initial obligated
period of active duty in the case of an individual described in clause
(1)(A) of this subsection, regardless of whether the individual is
discharged or released from active duty on such date; or
(B) December 31, 1989, in the case of an individual described in
clause (1)(B) of this subsection;
except that (i) an individual described in clause (1)(B) of this
subsection may meet the requirement of this clause by having
successfully completed the equivalent of 12 semester hours in a program
of education leading to a standard college degree, and (ii) an
individual described in clause (1)(A) of this subsection may meet such
requirement by having successfully completed the equivalent of such 12
semester hours before the end of the individual's initial obligated
period of active duty; and
(3) who, after completion of the service described in clause (1) of
this subsection --
(A) continues on active duty;
(B) is discharged from active duty with an honorable discharge;
(C) is released after service on active duty characterized by the
Secretary concerned as honorable service and is placed on the retired
list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve,
or is placed on the temporary disability retired list; or
(D) is released from active duty for further service in a reserve
component of the Armed Forces after service on active duty characterized
by the Secretary concerned as honorable service;
is entitled to basic educational assistance under this chapter.
(b) The basic pay of any individual described in subsection (a)(1)(A)
of this section who does not make an election under subsection (c)(1) of
this section shall be reduced by $100 for each of the first 12 months
that such individual is entitled to such pay. Any amount by which the
basic pay of an individual is reduced under this chapter shall revert to
the Treasury and shall not, for purposes of any Federal law, be
considered to have been received by or to be within the control of such
individual.
(c)(1) An individual described in subsection (a)(1)(A) of this
section may make an election not to receive educational assistance under
this chapter. Any such election shall be made at the time the
individual initially enters on active duty as a member of the Armed
Forces. Any individual who makes such an election is not entitled to
educational assistance under this chapter.
(2) An individual who after December 31, 1976, receives a commission
as an officer in the Armed Forces upon graduation from the United States
Military Academy, the United States Naval Academy, the United States Air
Force Academy, or the Coast Guard Academy or upon completion of a
program of educational assistance under section 2107 of title 10 is not
eligible for educational assistance under this section.
(d)(1) For purposes of this chapter, any period of service described
in paragraphs (2) and (3) of this subsection shall not be considered a
part of an individual's initial obligated period of active duty.
(2) The period of service referred to in paragraph (1) is any period
terminated because of a defective enlistment and induction based on --
(A) the individual's being a minor for purposes of service in the
Armed Forces;
(B) an erroneous enlistment or induction; or
(C) a defective enlistment agreement.
(3) The period of service referred to in paragraph (1) is also any
period of service on active duty which an individual in the Selected
Reserve was ordered to perform under section 672, 673, 673b, 674, or 675
of title 10 for a period of less than 2 years.
(e) For the purposes of subsection (a)(2) of this section, an
individual who was on active duty on August 2, 1990, and who completes
the requirements of a secondary school diploma (or equivalency
certificate) before the end of the 24-month period beginning on the date
of the enactment of this subsection shall be considered to have
completed such requirements within the individual's initial obligated
period of active duty.
(f)(1) For the purposes of this chapter, a member referred to in
paragraph (2) of this subsection who serves the periods of active duty
referred to in that paragraph shall be deemed to have served a
continuous period of active duty whose length is the aggregate length of
the periods of active duty referred to in that paragraph.
(2) This subsection applies to a member who --
(A) after a period of continuous active duty of not more than 12
months, is discharged or released from active duty under subclause (I)
or (III) of subsection (a)(1)(A)(ii) of this section; and
(B) after such discharge or release, reenlists or re-enters on a
period of active duty.
(g) Notwithstanding section 3002(6)(A) of this title, a period during
which an individual is assigned full time by the Armed Forces to a
civilian institution for a course of education as described in such
section 3002(6)(A) shall not be considered a break in service or a break
in a continuous period of active duty of the individual for the purposes
of this chapter.
(h)(1) Notwithstanding section 3002(6)(B) of this title, a member
referred to in paragraph (2) of this subsection who serves the periods
of active duty referred to in subparagraphs (A) and (C) of that
paragraph shall be deemed to have served a continuous period of active
duty whose length is the aggregate length of the periods of active duty
referred to in such subparagraphs.
(2) This subsection applies to a member who --
(A) during an initial period of active duty, commences pursuit of a
course of education --
(i) at a service academy; or
(ii) at a post-secondary school for the purpose of preparation for
enrollment at a service academy;
(B) fails to complete the course of education; and
(C) re-enters on a period of active duty.
(Added Pub. L. 98-525, title VII, 702(a)(1), Oct. 19, 1984, 98 Stat.
2554, 1411; amended Pub. L. 99-145, title VI, 674(1), Nov. 8, 1985,
99 Stat. 665; Pub. L. 99-576, title III, 303(a)(1), 307(a)(1),
321(1), title VII, 702(8), Oct. 28, 1986, 100 Stat. 3268, 3269, 3277,
3302; Pub. L. 100-48, 3(a), June 1, 1987, 101 Stat. 331; Pub. L.
100-689, title I, 102(a), 103(b)(1), 104(a), 111(a)(2)(A), (3), Nov.
18, 1988, 102 Stat. 4162, 4165, 4166, 4170, 4171; Pub. L. 101-237,
title IV, 409, 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2092;
Pub. L. 101-510, div. A, title V, 562(a)(1), (2), (b), Nov. 5, 1990,
104 Stat. 1573, 1574; Pub. L. 102-16, 10(a)(1), Mar. 22, 1991, 105
Stat. 55; renumbered 3011, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105
Stat. 406; Pub. L. 102-568, title III, 302(a)(1), 303(a)(1), 304(a),
305(a), 306(a), Oct. 29, 1992, 106 Stat. 4326-4328.)
The date of the enactment of this subsection, referred to in subsec.
(e), is the date of enactment of Pub. L. 102-568, which was approved
Oct. 29, 1992.
Prior section 3011 was renumbered section 5111 of this title.
Another prior section 3011, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1227; Pub. L. 86-490, June 8, 1960, 74 Stat. 161, which related to
the effective date of an award of increased compensation, dependency and
indemnity compensation, or pension, was repealed by Pub. L. 87-825,
5(a), Oct. 15, 1962, 76 Stat. 950.
1992 -- Subsec. (a)(1)(B). Pub. L. 102-568, 302(a)(1), substituted
''at any time during the period beginning on October 19, 1984, and
ending on July 1, 1985, continued on active duty without a break in
service'' for ''on October 19, 1984, and without a break in service
since October 19, 1984,''.
Subsec. (a)(2). Pub. L. 102-568, 303(a)(1)(A), inserted '', except
as provided in subsection (e) of this section,'' after ''who''.
Subsec. (e). Pub. L. 102-568, 303(a)(1)(B), added subsec. (e).
Subsec. (f). Pub. L. 102-568, 304(a), added subsec. (f).
Subsec. (g). Pub. L. 102-568, 305(a), added subsec. (g).
Subsec. (h). Pub. L. 102-568, 306(a), added subsec. (h).
1991 -- Pub. L. 102-83 renumbered section 1411 of this title as this
section.
Subsec. (a)(3). Pub. L. 102-16 added cls. (A) to (C), redesignated
former cl. (C) as (D), and struck out former cls. (A) and (B) which
read as follows:
''(A) is discharged from service with an honorable discharge, is
placed on the retired list, is transferred to the Fleet Reserve or Fleet
Marine Corps Reserve, or is placed on the temporary disability retired
list;
''(B) continues on active duty; or''.
1990 -- Subsec. (a)(1)(A)(ii)(I). Pub. L. 101-510, 562(a)(1),
substituted ''for'' for ''or for'' and inserted '', or for a physical or
mental condition that was not characterized as a disability and did not
result from the individual's own willful misconduct but did interfere
with the individual's performance of duty, as determined by the
Secretary of each military department in accordance with regulations
prescribed by the Secretary of Defense or by the Secretary of
Transportation with respect to the Coast Guard when it is not operating
as a service in the Navy'' after ''hardship''.
Subsec. (a)(1)(B)(ii)(I). Pub. L. 101-510, 562(a)(2), substituted
''for'' for ''or for'' and inserted '', or for a physical or mental
condition that was not characterized as a disability, as described in
subparagraph (A)(ii)(I) of this paragraph'' after ''hardship''.
Subsec. (d)(1). Pub. L. 101-510, 562(b)(1), substituted ''paragraphs
(2) and (3)'' for ''paragraph (2)''.
Subsec. (d)(3). Pub. L. 101-510, 562(b)(2), added par. (3).
1989 -- Subsec. (a)(1)(A)(ii), (B)(ii). Pub. L. 101-237,
423(b)(1)(A), substituted ''Secretary'' for ''Administrator''.
Subsec. (a)(2). Pub. L. 101-237, 409, in concluding provisions,
inserted cl. (i) designation and added cl. (ii).
1988 -- Subsec. (a)(1)(A)(i)(I). Pub. L. 100-689, 111(a)(2)(A),
inserted '', as the individual's initial obligated period of active
duty,'' after ''serves''.
Subsec. (a)(1)(A)(ii). Pub. L. 100-689, 102(a), inserted in subcl.
(I) '', for a medical condition which preexisted such service on active
duty and which the Administrator determines is not service connected,'',
substituted a semicolon for '', or'' before subcl. (II), and added
subcl. (III).
Subsec. (a)(1)(B)(ii). Pub. L. 100-689, 102(a), inserted in subcl.
(I) '', for a medical condition which preexisted such service on active
duty and which the Administrator determines is not service connected,'',
substituted a semicolon for '', or'' before subcl. (II), and added
subcl. (III).
Subsec. (a)(2). Pub. L. 100-689, 104(a), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ''who,
before completion of the service described in clause (1) of this
subsection, has received a secondary school diploma (or an equivalency
certificate); and''.
Subsec. (b). Pub. L. 100-689, 103(b)(1), substituted ''reduced under
this chapter'' for ''reduced under this subsection''.
Subsec. (d). Pub. L. 100-689, 111(a)(3), added subsec. (d).
1987 -- Subsec. (a)(1)(A). Pub. L. 100-48 substituted ''after June
30, 1985'' for ''during the period beginning on July 1, 1985, and ending
on June 30, 1988''.
1986 -- Subsec. (a). Pub. L. 99-576, 702(8), inserted a comma after
''of this section''.
Subsec. (a)(1)(A)(ii)(II). Pub. L. 99-576, 321(1)(A), inserted
''continuous'' after ''months of'' in two places.
Subsec. (a)(1)(B). Pub. L. 99-576, 307(a)(1), inserted ''and was on
active duty on October 19, 1984, and without a break in service since
October 19, 1984,''.
Subsec. (a)(1)(B)(ii)(II). Pub. L. 99-576, 321(1)(B), inserted
''continuous'' after ''months of''.
Subsec. (b). Pub. L. 99-576, 303(a)(1), substituted ''Any amount by
which the basic pay of an individual is reduced under this subsection
shall revert to the Treasury and shall not, for purposes of any Federal
law, be considered to have been received by or to be within the control
of such individual'' for ''Amounts withheld from basic pay under this
subsection shall revert to the Treasury''.
1985 -- Subsec. (a)(1)(B). Pub. L. 99-145 struck out ''and without a
break in service on active duty since December 31, 1976,'' after
''chapter 34 of this title''.
Section 302(b) of Pub. L. 102-568 provided that: ''The amendments
made by this section (amending this section and sections 3012 and 3031
of this title) shall take effect as of October 28, 1986.''
Section 304(b) of Pub. L. 102-568 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect as if
enacted on June 30, 1985, and apply to the payment of educational
assistance for education or training pursued on or after October 1,
1993.''
Section 305(b) of Pub. L. 102-568 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect as if
enacted on October 19, 1984.''
Section 306(b) of Pub. L. 102-568 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect as if
enacted on June 30, 1985, and apply to the payment of educational
assistance for education or training pursued on or after October 1,
1993.''
Section 562(c) of Pub. L. 101-510 provided that: ''The amendments
made by this section (amending this section and sections 1412 and 3103A
(now 3012 and 5303A) of this title) shall take effect as of October 19,
1984.''
Section 102(c) of Pub. L. 100-689 provided that: ''The amendments
made by this section (amending this section and sections 1412, 1413, and
3103A (now 3012, 3013, and 5303A) of this title) shall take effect --
''(1) as of July 1, 1985, with respect to individuals discharged or
released for a medical condition which preexisted service on active duty
or in the Selected Reserve and which the Administrator determines is not
service connected; and
''(2) as of October 1, 1987, with respect to individuals
involuntarily discharged or released for the convenience of the
Government as a result of a reduction in force.''
Section 303(b) of Pub. L. 99-576 provided that: ''The amendments
made by subsection (a) (amending this section and section 1412 (now
3012) of this title) shall apply to any reduction in basic pay made
under section 1411(b) (now 3011(b)) or 1412(c) (now 3012(c)) of title
38, United States Code, after December 31, 1985.''
Section 303(b) of Pub. L. 102-568 provided that: ''Not later than
60 days after the date of enactment of this Act (Oct. 29, 1992), the
Secretary of each of the military departments shall notify each
individual who was on active duty in the Armed Forces on August 2, 1990,
and who has not met the requirements of a secondary school diploma (or
equivalency certificate), of the extension of the period for the
completion of such requirements afforded by the amendments made by this
section (amending this section and section 3012 of this title).''
2006.
38 USC 3012. Basic educational assistance entitlement for service in
the Selected Reserve
TITLE 38 -- VETERANS' BENEFITS
(a) Except as provided in subsection (d) of this section, each
individual --
(1) who --
(A) after June 30, 1985, first becomes a member of the Armed Forces
or first enters on active duty as a member of the Armed Forces and --
(i) serves, as the individual's initial obligated period of active
duty, at least two years of continuous active duty in the Armed Forces,
subject to subsection (b) of this section, characterized by the
Secretary concerned as honorable service; and
(ii) subject to subsection (b) of this section and beginning within
one year after completion of the service on active duty described in
subclause (i) of this clause, serves at least four years of continuous
duty in the Selected Reserve during which the individual participates
satisfactorily in training as required by the Secretary concerned; or
(B) as of December 31, 1989, is eligible for educational assistance
under chapter 34 of this title and was on active duty at any time during
the period beginning on October 19, 1984, and ending on July 1, 1985,
continued on active duty without a break in service and --
(i) after June 30, 1985, serves at least two years of continuous
active duty in the Armed Forces, subject to subsection (b) of this
section, characterized by the Secretary concerned as honorable service;
and
(ii) after June 30, 1985, subject to subsection (b) of this section
and beginning within one year after completion of such two years of
service, serves at least four continuous years in the Selected Reserve
during which the individual participates satisfactorily in training as
prescribed by the Secretary concerned;
(2) who, except as provided in subsection (f) of this section, before
completion of the service described in clause (1) of this subsection,
has completed the requirements of a secondary school diploma (or an
equivalency certificate), except that (i) an individual described in
clause (1)(B) of this subsection may meet the requirement of this clause
by having successfully completed the equivalent of 12 semester hours in
a program of education leading to a standard college degree, and (ii) an
individual described in clause (1)(A) of this subsection may meet such
requirement by having successfully completed the equivalent of such 12
semester hours before the end of the individual's initial obligated
period of active duty; and
(3) who, after completion of the service described in clause (1) of
this subsection --
(A) is discharged from service with an honorable discharge, is placed
on the retired list, or is transferred to the Standby Reserve or an
element of the Ready Reserve other than the Selected Reserve after
service in the Selected Reserve characterized by the Secretary concerned
as honorable service; or
(B) continues on active duty or in the Selected Reserve;
is entitled to basic educational assistance under this chapter.
(b)(1)(A) The requirement of two years of service under clauses
(1)(A)(i) and (1)(B)(i) of subsection (a) of this section is not
applicable to an individual who is discharged or released, during such
two years, from active duty in the Armed Forces (i) for a
service-connected disability, (ii) for a medical condition which
preexisted such service on active duty and which the Secretary
determines is not service connected, (iii) for hardship, (iv) in the
case of an individual discharged or released after 20 months of such
service, for the convenience of the Government, (v) involuntarily for
the convenience of the Government as a result of a reduction in force,
as determined by the Secretary of the military department concerned in
accordance with regulations prescribed by the Secretary of Defense or by
the Secretary of Transportation with respect to the Coast Guard when it
is not operating as a service in the Navy, or (vi) for a physical or
mental condition that was not characterized as a disability, as
described in section 3011(a)(1)(A)(ii)(I) of this title.
(B) The requirement of four years of service under clauses (1)(A)(ii)
and (1)(B)(ii) of subsection (a) of this section is not applicable to an
individual --
(i) who, during the two years of service described in clauses
(1)(A)(i) and (1)(B)(i) of subsection (a) of this section, was
discharged or released from active duty in the Armed Forces for a
service-connected disability, for a medical condition which preexisted
such service on active duty and which the Secretary determines is not
service connected, or for a physical or mental condition not
characterized as a disability, as described in section
3011(a)(1)(A)(ii)(I) of this title, if the individual was obligated, at
the beginning of such two years of service, to serve such four years of
service;
(ii) who, during the four years of service described in clauses
(1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section, is
discharged or released from service in the Selected Reserve (I) for a
service-connected disability, (II) for a medical condition which
preexisted the individual's becoming a member of the Selected Reserve
and which the Secretary determines is not service connected, (III) for
hardship, (IV) in the case of an individual discharged or released after
30 months of such service, for the convenience of the Government, (V)
involuntarily for the convenience of the Government as a result of a
reduction in force, as determined by the Secretary of the military
department concerned in accordance with regulations prescribed by the
Secretary of Defense or by the Secretary of Transportation with respect
to the Coast Guard when it is not operating as a service in the Navy, or
(VI) for a physical or mental condition not characterized as a
disability, as described in section 3011(a)(1)(A)(ii)(I) of this title;
or
(iii) who, before completing the four years of service described in
clauses (1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section,
ceases to be a member of the Selected Reserve during the period
beginning on October 1, 1991, and ending on September 30, 1995, by
reason of the inactivation of the person's unit of assignment or by
reason of involuntarily ceasing to be designated as a member of the
Selected Reserve pursuant to section 268(b) of title 10.
(2) After an individual begins service in the Selected Reserve within
one year after completion of the service described in clause (A)(i) or
(B)(i) of subsection (a)(1) of this section, the continuity of service
of such individual as a member of the Selected Reserve shall not be
considered to be broken --
(A) by any period of time (not to exceed a maximum period prescribed
by the Secretary concerned by regulation) during which the member is not
able to locate a unit of the Selected Reserve of the member's Armed
Force that the member is eligible to join or that has a vacancy; or
(B) by any other period of time (not to exceed a maximum period
prescribed by the Secretary concerned by regulation) during which the
member is not attached to a unit of the Selected Reserve that the
Secretary concerned, pursuant to regulations, considers to be
inappropriate to consider for such purpose.
(c) The basic pay of any individual described in subsection (a)(1)(A)
of this section who does not make an election under subsection (d)(1) of
this section shall be reduced by $100 for each of the first 12 months
that such individual is entitled to such pay. Any amount by which the
basic pay of an individual is reduced under this chapter shall revert to
the Treasury and shall not, for purposes of any Federal law, be
considered to have been received by or to be within the control of such
individual.
(d)(1) An individual described in subsection (a)(1)(A) of this
section may make an election not to receive educational assistance under
this chapter. Any such election shall be made at the time the
individual initially enters on active duty as a member of the Armed
Forces. Any individual who makes such an election is not entitled to
educational assistance under this chapter.
(2) An individual who after December 31, 1976, receives a commission
as an officer in the Armed Forces upon graduation from the United States
Military Academy, the United States Naval Academy, the United States Air
Force Academy, or the Coast Guard Academy or upon completion of a
program of educational assistance under section 2107 of title 10 is not
eligible for educational assistance under this section.
(e)(1) An individual described in subclause (I) or (III) of
subsection (b)(1)(B)(ii) of this section may elect entitlement to basic
educational assistance under section 3011 of this title, based on an
initial obligated period of active duty of two years, in lieu of
entitlement to assistance under this section.
(2) An individual who makes the election described in paragraph (1)
of this subsection shall, for all purposes of this chapter, be
considered entitled to educational assistance under section 3011 of this
title and not under this section. Such an election is irrevocable.
(f) For the purposes of subsection (a)(2) of this section, an
individual who was on active duty on August 2, 1990, and who completes
the requirements of a secondary school diploma (or equivalency
certificate) before the end of the 24-month period beginning on the date
of the enactment of this subsection shall be considered to have
completed such requirements within the individual's initial obligated
period of active duty.
(Added Pub. L. 98-525, title VII, 702(a)(1), Oct. 19, 1984, 98 Stat.
2555, 1412; amended Pub. L. 99-145, title VI, 674(2), Nov. 8, 1985,
99 Stat. 665; Pub. L. 99-576, title III, 303(a)(2), 307(a)(2),
321(2), Oct. 28, 1986, 100 Stat. 3269, 3277; Pub. L. 100-48, 3(b),
June 1, 1987, 101 Stat. 331; Pub. L. 100-689, title I, 102(b)(1),
103(b)(1), 104(b), 105, 111(a)(2)(B), Nov. 18, 1988, 102 Stat. 4162,
4165, 4166, 4171; Pub. L. 101-237, title IV, 409, 423(a)(1),
(b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2090, 2092; Pub. L. 101-510,
div. A, title V, 562(a)(3), Nov. 5, 1990, 104 Stat. 1574; renumbered
3012 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
406; Pub. L. 102-484, div. D, title XLIV, 4419(b), Oct. 23, 1992, 106
Stat. 2718; Pub. L. 102-568, title III, 302(a)(2), 303(a)(2), Oct.
29, 1992, 106 Stat. 4326, 4327.)
The date of the enactment of this subsection, referred to in subsec.
(f), is the date of enactment of Pub. L. 102-568, which was approved
Oct. 29, 1992.
Prior section 3012 was renumbered section 5112 of this title.
1992 -- Subsec. (a)(1)(B). Pub. L. 102-568, 302(a)(2), substituted
''at any time during the period beginning on October 19, 1984, and
ending on July 1, 1985, continued on active duty without a break in
service'' for ''on October 19, 1984, and without a break in service
since October 19, 1984,''.
Subsec. (a)(2). Pub. L. 102-568, 303(a)(2)(A), inserted ''except as
provided in subsection (f) of this section,'' after ''who,''.
Subsec. (b)(1)(B)(iii). Pub. L. 102-484 added cl. (iii).
Subsec. (f). Pub. L. 102-568, 303(a)(2)(B), added subsec. (f).
1991 -- Pub. L. 102-83, 5(a), renumbered section 1412 of this title
as this section.
Subsec. (b)(1). Pub. L. 102-83, 5(c)(1), substituted
''3011(a)(1)(A)(ii)(I)'' for ''1411(a)(1)(A)(ii)(I)'' in subpars. (A)
and (B)(i) and (ii).
Subsec. (e). Pub. L. 102-83, 5(c)(1), substituted ''3011'' for
''1411'' in pars. (1) and (2).
1990 -- Subsec. (b)(1)(A)(vi). Pub. L. 101-510, 562(a)(3)(A), added
cl. (vi).
Subsec. (b)(1)(B)(i). Pub. L. 101-510, 562(a)(3)(B), substituted
''disability, for'' for ''disability or for'' and inserted '', or for a
physical or mental condition not characterized as a disability, as
described in section 1411(a)(1)(A)(ii)(I) of this title'' before ''if
the individual''.
Subsec. (b)(1)(B)(ii)(VI). Pub. L. 101-510, 562(a)(3)(C), added
subcl. (VI).
1989 -- Subsec. (a)(1)(A)(ii), (B)(ii). Pub. L. 101-237,
423(a)(1)(A), substituted ''and beginning within one year after
completion'' for ''and after completion''.
Subsec. (a)(2). Pub. L. 101-237, 409, inserted cl. (i) designation
and added cl. (ii).
Subsec. (b)(1). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (b)(2). Pub. L. 101-237, 423(a)(1)(B), substituted ''After
an individual begins service in the Selected Reserve within one year
after completion of the service described in clause (A)(i) or (B)(i) of
subsection (a)(1) of this section, the continuity of service of such
individual as a member of the Selected Reserve'' for ''Continuity of
service of a member in the Selected Reserve for purposes of such
clauses''.
1988 -- Subsec. (a)(1)(A)(i). Pub. L. 100-689, 111(a)(2)(B),
inserted '', as the individual's initial obligated period of active
duty,''.
Pub. L. 100-689, 102(b)(1)(B), inserted '', subject to subsection
(b) of this section,''.
Subsec. (a)(1)(B)(i). Pub. L. 100-689, 102(b)(1)(B), inserted '',
subject to subsection (b) of this section,''.
Subsec. (a)(2). Pub. L. 100-689, 104(b), substituted ''completed the
requirements of a secondary school diploma'' for ''received a secondary
school diploma'', and inserted '', except that an individual described
in clause (1)(B) of this subsection may meet the requirement of this
clause by having successfully completed the equivalent of 12 semester
hours in a program of education leading to a standard college degree''.
Subsec. (b)(1). Pub. L. 100-689, 102(b)(1)(A), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''The
requirement of four years of service under clauses (1)(A)(ii) and
(1)(B)(ii) of subsection (a) of this section is not applicable to an
individual who is discharged or released from service in the Selected
Reserve for a service-connected disability, for hardship, or (in the
case of an individual discharged or released after three and one-half
years of such service) for the convenience of the Government.''
Subsec. (c). Pub. L. 100-689, 103(b)(1), substituted ''reduced under
this chapter'' for ''reduced under this subsection''.
Subsec. (e). Pub. L. 100-689, 105, added subsec. (e).
1987 -- Subsec. (a)(1)(A). Pub. L. 100-48 substituted ''after June
30, 1985,'' for ''during the period beginning on July 1, 1985, and
ending on June 30, 1988''.
1986 -- Subsec. (a). Pub. L. 99-576, 321(2)(A), substituted
''subsection (d)'' for ''subsection (c)''.
Subsec. (a)(1)(B). Pub. L. 99-576, 307(a)(2), inserted ''and was on
active duty on October 19, 1984, and without a break in service since
October 19, 1984,''.
Subsec. (b)(1). Pub. L. 99-576, 321(2)(B), inserted ''such'' after
''three and one-half years of''.
Subsec. (c). Pub. L. 99-576, 303(a)(2), substituted ''Any amount by
which the basic pay of an individual is reduced under this subsection
shall revert to the Treasury and shall not, for purposes of any Federal
law, be considered to have been received by or to be within the control
of such individual'' for ''Any amounts withheld from basic pay under
this paragraph shall revert to the Treasury''.
1985 -- Subsec. (a)(1)(B). Pub. L. 99-145 struck out ''and without a
break in service on active duty since December 31, 1976,'' after
''chapter 34 of this title''.
Amendment by section 302(a)(2) of Pub. L. 102-568 effective as of
Oct. 28, 1986, see section 302(b) of Pub. L. 102-568, set out as a
note under section 3011 of this title.
Amendment by Pub. L. 101-510 effective Oct. 19, 1984, see section
562(c) of Pub. L. 101-510, set out as a note under section 3011 of this
title.
Amendment by section 102(b)(1) of Pub. L. 100-689 effective July 1,
1985, with respect to individuals discharged or released for medical
condition which preexisted service on active duty or in Selected Reserve
and which Administrator determines is not service connected, and
effective Oct. 1, 1987, with respect to individuals involuntarily
discharged or released for convenience of Government as a result of
reduction in force, see section 102(c) of Pub. L. 100-689, set out as
a note under section 3011 of this title.
Amendment by section 303(a)(2) of Pub. L. 99-576 applicable to any
reduction in basic pay made under subsec. (c) of this section after
Dec. 31, 1985, see section 303(b) of Pub. L. 99-576, set out as a note
under section 3011 of this title.
For requirement of notification of individuals on active duty in
Armed Forces on Aug. 2, 1990, of extension of period for completion of
requirements for a secondary school diploma, see section 303(b) of Pub.
L. 102-568, set out as a note under section 3011 of this title.
38 USC 3013. Duration of basic educational assistance
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Subject to section 3695 of this title and except as provided
in paragraph (2) of this subsection, each individual entitled to basic
educational assistance under section 3011 of this title is entitled to
36 months of educational assistance benefits under this chapter (or the
equivalent thereof in part-time educational assistance).
(2) Subject to section 3695 of this title and subsection (d) of this
section, in the case of an individual described in section
3011(a)(1)(A)(ii)(I) or (III) of this title who is not also described in
section 3011(a)(1)(A)(i) of this title or an individual described in
section 3011(a)(1)(B)(ii)(I) or (III) of this title who is not also
described in section 3011(a)(1)(B)(i) of this title, the individual is
entitled to one month of educational assistance benefits under this
chapter for each month of continuous active duty served by such
individual after June 30, 1985, as part of the individual's initial
obligated period of active duty in the case of an individual described
in section 3011(a)(1)(A)(ii)(I) or (III) of this title, or in the case
of an individual described in section 3011(a)(1)(B)(ii)(I) or (III) of
this title, after June 30, 1985.
(b) Subject to section 3695 of this title and subsection (d) of this
section, each individual entitled to basic educational assistance under
section 3012 of this title is entitled to (1) one month of educational
assistance benefits under this chapter for each month of continuous
active duty served by such individual after June 30, 1985, as part of
the individual's initial obligated period of active duty in the case of
an individual described in section 3012(a)(1)(A) of this title, or in
the case of an individual described in section 3012(a)(1)(B) of this
title, after June 30, 1985, and (2) one month of educational assistance
benefits under this chapter for each four months served by such
individual in the Selected Reserve after the applicable date specified
in clause (1) of this subsection (other than any month in which the
individual served on active duty).
(c)(1) Subject to section 3695 of this title and except as provided
in paragraphs (2) and (3) of this subsection, each individual entitled
to basic educational assistance under section 3018 of this title is
entitled to 36 months of educational assistance under this chapter (or
the equivalent thereof in part-time educational assistance).
(2) Subject to section 3695 of this title, an individual described in
clause (B) or (C) of section 3018(b)(3) of this title whose discharge or
release from active duty prevents the reduction of the basic pay of such
individual by $1,200 is entitled to the number of months of assistance
under this chapter that is equal to the lesser of --
(A) 36 multiplied by a fraction the numerator of which is the amount
by which the basic pay of the individual has been reduced under section
3018(c) and the denominator of which is $1,200; or
(B) the number of months the individual has served on continuous
active duty after June 30, 1985.
(3) Subject to section 3695 of this title and subsection (d) of this
section, an individual described in clause (B) or (C)(ii) of section
3018(b)(3) of this title (other than an individual described in
paragraph (2) of this subsection) is entitled to the number of months of
educational assistance under this chapter that is equal to the number of
months the individual has served on continuous active duty after June
30, 1985.
(d) Subject to section 3695 of this title, each individual entitled
to educational benefits under section 3018A or 3018B of this title is
entitled to the lesser of --
(1) 36 months of educational assistance under this chapter (or the
equivalent thereof in part-time educational assistance); or
(2) the number of months of such educational assistance (or such
equivalent thereof) that is equal to the number of months served by such
individual on active duty.
(e) No individual may receive basic educational assistance benefits
under this chapter for a period in excess of 36 months (or the
equivalent thereof in part-time educational assistance).
(f)(1) Notwithstanding any other provision of this chapter or chapter
36 of this title, any payment of an educational assistance allowance
described in paragraph (2) shall not --
(A) be charged against any entitlement of any individual under this
chapter; or
(B) be counted toward the aggregate period for which section 3695 of
this title limits an individual's receipt of assistance.
(2) Subject to paragraph (3), the payment of the educational
assistance allowance referred to in paragraph (1) is the payment of such
an allowance to an individual for pursuit of a course or courses under
this chapter if the Secretary finds that the individual --
(A) in the case of a person not serving on active duty, had to
discontinue such course pursuit as a result of being ordered, in
connection with the Persian Gulf War, to serve on active duty under
section 672(a), (d), or (g), 673, 673b, or 688 of title 10; or
(B) in the case of a person serving on active duty, had to
discontinue such course pursuit as a result of being ordered, in
connection with such War, to a new duty location or assignment or to
perform an increased amount of work; and
(C) failed to receive credit or lost training time toward completion
of the individual's approved education, professional, or vocational
objective as a result of having to discontinue, as described in
subparagraph (A) or (B), his or her course pursuit.
(3) The period for which, by reason of this subsection, an
educational assistance allowance is not charged against entitlement or
counted toward the applicable aggregate period under section 3695 of
this title shall not exceed the portion of the period of enrollment in
the course or courses for which the individual failed to receive credit
or with respect to which the individual lost training time, as
determined under paragraph (2)(C) of this subsection.
(Added Pub. L. 98-525, title VII, 702(a)(1), Oct. 19, 1984, 98 Stat.
2557, 1413; amended Pub. L. 99-576, title III, 321(3), Oct. 28,
1986, 100 Stat. 3277; Pub. L. 100-689, title I, 102(b)(2), 103(b)(2),
111(a)(4), Nov. 18, 1988, 102 Stat. 4163, 4165, 4171; Pub. L. 101-237,
title IV, 423(a)(2), Dec. 18, 1989, 103 Stat. 2091; Pub. L. 101-510,
div. A, title V, 561(b)(1), Nov. 5, 1990, 104 Stat. 1573; renumbered
3013 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
406; Pub. L. 102-127, 2(a), Oct. 10, 1991, 105 Stat. 619; Pub. L.
102-484, div. D, title XLIV, 4404(b)(2), Oct. 23, 1992, 106 Stat.
2706.)
Prior section 3013 was renumbered section 5113 of this title.
1992 -- Subsec. (d). Pub. L. 102-484 inserted ''or 3018B'' after
''section 3018A'' in introductory provisions.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1413 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''3695'' for
''1795'' in two places, ''3011'' for ''1411'', ''3011(a)(1)(A)(ii)(I)''
for ''1411(a)(1)(A)(ii)(I)'' in two places, ''3011(a)(1)(A)(i)'' for
''1411(a)(1)(A)(i)'', ''3011(a)(1)(B)(ii)(I)'' for
''1411(a)(1)(B)(ii)(I)'' in two places, and ''3011(a)(1)(B)(i)'' for
''1411(a)(1)(B)(i)''.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''3695'' for
''1795'', ''3012'' for ''1412'', ''3012(a)(1)(A)'' for
''1412(a)(1)(A)'', and ''3012(a)(1)(B)'' for ''1412(a)(1)(B)''.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''3695'' for
''1795'' wherever appearing, ''3018'' for ''1418'', ''3018(b)(3)'' for
''1418(b)(3)'' in two places, and ''3018(c)'' for ''1418(c)''.
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''3695'' for
''1795'' and ''3018A'' for ''1418A''.
Subsec. (f). Pub. L. 102-127 added subsec. (f).
1990 -- Subsecs. (d), (e). Pub. L. 101-510 added subsec. (d) and
redesignated former subsec. (d) as (e).
1989 -- Subsec. (a)(2). Pub. L. 101-237, 423(a)(2)(A), substituted
''subsection (d)'' for ''subsection (c)''.
Pub. L. 101-237, 423(a)(2)(B), substituted ''section
1411(a)(1)(A)(ii)(I) or (III) of this title, or'' for ''section
1411(a)(1)(B)(ii)(I) or (III) of this title, or''.
Subsec. (b). Pub. L. 101-237, 423(a)(2)(A), substituted ''subsection
(d)'' for ''subsection (c)''.
Subsec. (c)(1). Pub. L. 101-237, 423(a)(2)(C)(i), inserted reference
to par. (3).
Subsec. (c)(3). Pub. L. 101-237, 423(a)(2)(C)(ii), added par. (3).
1988 -- Subsec. (a)(2). Pub. L. 100-689, 111(a)(4)(A), substituted
''Subject to section 1795 of this title and subsection (c) of this
section, in the case'' for ''In the case'' and ''continuous active duty
served by such individual after June 30, 1985, as part of the
individual's initial obligated period of active duty in the case of an
individual described in section 1411(a)(1)(B)(ii)(I) or (III) of this
title, or in the case of an individual described in section
1411(a)(1)(B)(ii)(I) or (III) of this title, after June 30, 1985'' for
''active duty served by such individual after the date of the beginning
of the period for which the individual's basic pay is reduced under
section 1411(b) of this title, in the case of an individual described in
section 1411(a)(1)(A)(ii)(I) of this title, or after June 30, 1985, in
the case of an individual described in section 1411(a)(1)(B)(ii)(I) of
this title''.
Pub. L. 100-689, 102(b)(2), inserted ''or (III)'' after ''section
1411(a)(1)(A)(ii)(I)'' and after ''section 1411(a)(1)(B)(ii)(I)'', the
first place each appears.
Subsec. (b)(1). Pub. L. 100-689, 111(a)(4)(B), substituted
''continuous active duty served by such individual after June 30, 1985,
as part of the individual's initial obligated period of active duty in
the case of an individual described in section 1412(a)(1)(A) of this
title, or in the case of an individual described in section
1412(a)(1)(B) of this title, after June 30, 1985'' for ''active duty
served by such individual after the date of the beginning of the period
for which such individual's basic pay is reduced under section 1412(c)
of this title, in the case of an individual described in section
1412(a)(1)(A), or after June 30, 1985, in the case of an individual
described in section 1412(a)(1)(B) of this title''.
Subsecs. (c), (d). Pub. L. 100-689, 103(b)(2), added subsec. (c)
and redesignated former subsec. (c) as (d).
1986 -- Subsec. (a)(2). Pub. L. 99-576, 321(3)(A), inserted ''after
the date of the beginning of the period for which the individual's basic
pay is reduced under section 1411(b) of this title, in the case of an
individual described in section 1411(a)(1)(A)(ii)(I) of this title, or
after June 30, 1985, in the case of an individual described in section
1411(a)(1)(B)(ii)(I) of this title''.
Subsec. (b)(1). Pub. L. 99-576, 321(3)(B)(i), inserted ''after the
date of the beginning of the period for which such individual's basic
pay is reduced under section 1412(c) of this title, in the case of an
individual described in section 1412(a)(1)(A), or after June 30, 1985,
in the case of an individual described in section 1412(a)(1)(B) of this
title''.
Subsec. (b)(2). Pub. L. 99-576, 321(3)(B)(ii), inserted ''after the
applicable date specified in clause (1) of this subsection'' after
''Selected Reserve''.
Amendment by section 102(b)(2) of Pub. L. 100-689 effective July 1,
1985, with respect to individuals discharged or released for medical
condition which preexisted service on active duty or in Selected Reserve
and which Administrator determines is not service connected, and
effective Oct. 1, 1987, with respect to individuals involuntarily
discharged or released for convenience of Government as a result of
reduction in force, see section 102(c) of Pub. L. 100-689, set out as
a note under section 3011 of this title.
38 USC 3014. Payment of basic educational assistance
TITLE 38 -- VETERANS' BENEFITS
The Secretary shall pay to each individual entitled to basic
educational assistance who is pursuing an approved program of education
a basic educational assistance allowance to help meet, in part, the
expenses of such individual's subsistence, tuition, fees, supplies,
books, equipment, and other educational costs.
(Added Pub. L. 98-525, title VII, 702(a)(1), Oct. 19, 1984, 98 Stat.
2557, 1414; amended Pub. L. 101-237, title IV, 423(b)(1)(A), Dec. 18,
1989, 103 Stat. 2092; renumbered 3014, Pub. L. 102-83, 5(a), Aug. 6,
1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 1414 of this title as this
section.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator''.
38 USC 3015. Amount of basic educational assistance
TITLE 38 -- VETERANS' BENEFITS
(a) The amount of payment of educational assistance under this
chapter is subject to section 3032 of this title. Except as otherwise
provided in subsections (b), (c), (d), (e), (f), and (g) of this
section, a basic educational assistance allowance under this subchapter
shall be paid --
(1) at the monthly rate of $400 for an approved program of education
pursued on a full-time basis; or
(2) at an appropriately reduced rate, as determined under regulations
which the Secretary shall prescribe, for an approved program of
education pursued on less than a full-time basis.
(b) Except as provided in subsections (c), (d), (e), (f), and (g), in
the case of an individual entitled to an educational assistance
allowance under section 3011 or 3018 of this title and whose initial
obligated period of active duty is two years, a basic educational
assistance allowance under this chapter shall be paid --
(1) at the monthly rate of $325 for an approved program of education
pursued on a full-time basis; or
(2) at an appropriately reduced rate, as determined under regulations
which the Secretary shall prescribe, for an approved program of
education pursued on less than a full-time basis.
(c)(1) The amount of basic educational allowance payable under this
chapter to an individual referred to in paragraph (2) of this subsection
is the amount determined under subsection (a) of this section.
(2) Paragraph (1) of this subsection applies to an individual
entitled to an educational assistance allowance under section 3011 of
this title --
(A) whose initial obligated period of active duty is less than three
years;
(B) who, beginning on the date of the commencement of the person's
initial obligated period of such duty, serves a continuous period of
active duty of not less than three years; and
(C) who, after the completion of that continuous period of active
duty, meets one of the conditions set forth in subsection (a)(3) of such
section 3011.
(d) In the case of an individual who has a skill or specialty
designated by the Secretary concerned as a skill or specialty in which
there is a critical shortage of personnel or for which it is difficult
to recruit, the Secretary concerned, pursuant to regulations to be
prescribed by the Secretary of Defense, may increase the rate of the
basic educational assistance allowance applicable to such individual to
such rate in excess of the rate prescribed under subsections (a), (b),
and (c) of this section as the Secretary of Defense considers
appropriate, but the amount of any such increase may not exceed $400 per
month, in the case of an individual who first became a member of the
Armed Forces before November 29, 1989, or $700 per month, in the case of
an individual who first became a member of the Armed Forces on or after
that date.
(e)(1) Subject to paragraph (2) of this subsection, in the case of an
individual who on December 31, 1989, was entitled to educational
assistance under chapter 34 of this title, the rate of the basic
educational assistance allowance applicable to such individual under
this chapter shall be increased by the amount equal to one-half of the
educational assistance allowance that would be applicable to such
individual under such chapter 34 (as of the time the assistance under
this chapter is provided and based on the rates in effect on December
31, 1989) if such chapter were in effect.
(2) The number of months for which the rate of the basic educational
assistance allowance applicable to an individual is increased under
paragraph (1) of this subsection may not exceed the number of months of
entitlement to educational assistance under chapter 34 of this title
that the individual had remaining on December 31, 1989.
(f) In the case of an individual for whom the Secretary of Defense
made contributions under section 3222(c) of this title and who is
entitled to educational assistance under section 3018A of this chapter,
the Secretary shall increase the rate of the basic educational
assistance allowance applicable to such individual in excess of the rate
provided under subsection (a) of this section in a manner consistent
with, as determined by the Secretary of Defense, the agreement entered
into with such individual pursuant to the rules and regulations issued
by the Secretary of Defense under section 3222(c) of this title.
(g)(1) With respect to the fiscal year beginning on October 1, 1993,
the Secretary shall provide a percentage increase in the monthly rates
payable under subsections (a)(1) and (b)(1) of this section equal to the
percentage by which the Consumer Price Index (all items, United States
city average, published by the Bureau of Labor Statistics) for the
12-month period ending June 30, 1993, exceeds such Consumer Price Index
for the 12-month period ending June 30, 1992.
(2) With respect to any fiscal year beginning on or after October 1,
1994, the Secretary shall continue to pay, in lieu of the rates payable
under subsection (a)(1) or (b)(1) of this section, the monthly rates
payable under this subsection for the previous fiscal year and shall
provide, for any such fiscal year, a percentage increase in such rates
equal to the percentage by which --
(A) the Consumer Price Index (all items, United States city average)
for the 12-month period ending on the June 30 preceding the beginning of
the fiscal year for which the increase is made, exceeds
(B) such Consumer Price Index for the 12-month period preceding the
12-month period described in subparagraph (A).
(Added Pub. L. 98-525, title VII, 702(a)(1), Oct. 19, 1984, 98 Stat.
2557, 1415; amended Pub. L. 100-689, title I, 103(b)(3),
111(a)(5)(A), Nov. 18, 1988, 102 Stat. 4165, 4171; Pub. L. 101-189,
div. A, title VI, 641, Nov. 29, 1989, 103 Stat. 1456; Pub. L.
101-237, title IV, 423(b)(1)(A), (5), Dec. 18, 1989, 103 Stat. 2092;
Pub. L. 101-510, div. A, title V, 561(b)(2), Nov. 5, 1990, 104 Stat.
1573; Pub. L. 102-25, title III, 337(a), Apr. 6, 1991, 105 Stat. 90;
Pub. L. 102-54, 14(c)(1), June 13, 1991, 105 Stat. 284; renumbered
3015 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
406; Pub. L. 102-568, title III, 301(a), (c), 307(a), (b), Oct. 29,
1992, 106 Stat. 4325, 4326, 4328, 4329.)
1992 -- Subsec. (a). Pub. L. 102-568, 307(b)(1), substituted ''(f),
and (g)'' for ''and (f)'' in introductory provisions.
Subsec. (a)(1). Pub. L. 102-568, 301(a)(1), substituted ''$400'' for
''$300''.
Subsec. (b). Pub. L. 102-568, 307(b)(2), substituted ''(f), and
(g)'' for ''and (f)'' in introductory provisions.
Subsec. (b)(1). Pub. L. 102-568, 301(a)(2), substituted ''$325'' for
''$250''.
Subsec. (c). Pub. L. 102-568, 307(a)(3), added subsec. (c). Former
subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 102-568, 307(a)(1), (2), redesignated subsec.
(c) as (d) and substituted ''(a), (b), and (c)'' for ''(a) and (b)''.
Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 102-568, 307(a)(1), redesignated subsec. (d)
as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 102-568, 307(a)(1), redesignated subsec. (e)
as (f). Former subsec. (f) redesignated (g).
Pub. L. 102-568, 301(c), redesignated par. (2) as (1), substituted
''shall provide a percentage increase in the monthly rates payable under
subsections (a)(1) and (b)(1) of this section'' for ''may continue to
pay, in lieu of the rates payable under subsection (a)(1) or (b)(1) of
this section, the monthly rates payable under paragraph (1) of this
subsection and may provide a percentage increase in such rates'',
redesignated par. (3) as (2), substituted ''Secretary shall'' for
''Secretary may'' and ''and shall'' for ''and may'' in introductory
provisions, and struck out former par. (1) which read as follows:
''During the period beginning on October 1, 1991, and ending on
September 30, 1993, the monthly rates payable under subsection (a)(1) or
(b)(1) of this section shall be $350 and $275, respectively.''
Subsec. (g). Pub. L. 102-568, 307(a)(1), redesignated subsec. (f)
as (g).
1991 -- Pub. L. 102-83, 5(a), renumbered section 1415 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''3042'' for
''1432'' in introductory provisions.
Pub. L. 102-25, 337(a)(1), substituted '', (c), (d), (e), and (f)''
for ''and (c)'' in introductory provisions.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''3011 or 3018''
for ''1411 or 1418'' in introductory provisions.
Pub. L. 102-25, 337(a)(2), substituted ''Except as provided in
subsections (c), (d), (e), and (f), in'' for ''In'' in introductory
provisions.
Subsec. (c). Pub. L. 102-54 substituted ''November 29, 1989'' for
''the date of the enactment of the National Defense Authorization Act
for Fiscal Years 1990 and 1991''.
Subsec. (e). Pub. L. 102-83, 5(c)(1), substituted ''3222(c)'' for
''1622(c)'' in two places and ''3018A'' for ''1418A''.
Subsec. (f). Pub. L. 102-25, 337(a)(3), added subsec. (f).
1990 -- Subsec. (e). Pub. L. 101-510 added subsec. (e).
1989 -- Subsecs. (a)(2), (b)(2). Pub. L. 101-237, 423(b)(1)(A),
substituted ''Secretary'' for ''Administrator''.
Subsec. (c). Pub. L. 101-237, 423(b)(5), inserted ''of Defense''
after ''prescribed by the Secretary'' and after ''of this section as the
Secretary''.
Pub. L. 101-189 inserted '', in the case of an individual who first
became a member of the Armed Forces before the date of the enactment of
the National Defense Authorization Act for Fiscal Years 1990 and 1991,
or $700 per month, in the case of an individual who first became a
member of the Armed Forces on or after that date'' before period at end.
1988 -- Subsec. (a). Pub. L. 100-689, 111(a)(5)(A), substituted
''The amount of payment of educational assistance under this chapter is
subject to section 1432 of this title. Except'' for ''Subject to
section 1432 of this title and except''.
Subsec. (b). Pub. L. 100-689, 103(b)(3), inserted reference to
section 1418 of this title.
Amendment by section 301(a) and (c) of Pub. L. 102-568 effective
Apr. 1, 1993, but not to be construed to change account from which
payment is made for certain portion of payments made under this chapter
or chapter 106 of Title 10, Armed Services, see section 301(e) of Pub.
L. 102-568, set out as a note under section 2131 of Title 10.
Section 307(c) of Pub. L. 102-568 provided that: ''The amendments
made by subsections (a) and (b) (amending this section) shall take
effect as if enacted on June 30, 1985, and apply to the payment of
educational assistance for education or training pursued on or after
September 1, 1993.''
38 USC 3016. Inservice enrollment in a program of education
TITLE 38 -- VETERANS' BENEFITS
(a) A member of the Armed Forces who --
(1) first becomes a member or first enters on active duty as a member
of the Armed Forces after June 30, 1985, and does not make an election
under section 3011(c)(1) or section 3012(d)(1);
(2) completes at least two years of service on active duty after such
date;
(3) after such service, continues on active duty or in the Selected
Reserve without a break in service (except as described in section
3012(b)(2) of this title); and
(4) but for section 3011(a)(1)(A)(i)(I) or 3012(a)(1)(A)(ii) of this
title would be eligible for basic educational assistance,
may receive educational assistance under this chapter for enrollment
in an approved program of education while continuing to perform the duty
described in section 3011(a)(1)(A)(i)(I) or 3012(a)(1)(A)(ii) of this
title.
(b) A member of the Armed Forces who --
(1) as of December 31, 1989, is eligible for educational assistance
benefits under chapter 34 of this title;
(2) after June 30, 1985, has served the two years required by section
3012(a)(1)(B)(i); and
(3) but for section 3012(a)(1)(B)(ii) of this title would be eligible
for basic educational assistance,
may, after December 31, 1989, receive educational assistance under
this chapter for enrollment in an approved program of education while
continuing to perform the duty described in section 3012(a)(1)(B)(ii) of
this title.
(c) A member of the Armed Forces who --
(1) completes at least two years of service on active duty after June
30, 1985;
(2) after such service continues on active duty without a break in
service; and
(3) but for section 3018(b)(3)(A) of this title would be entitled to
basic educational assistance under this chapter,
may receive such assistance for enrollment in an approved program of
education while continuing to perform the service described in section
3018(b)(2) of this title.
(Added Pub. L. 98-525, title VII, 702(a)(1), Oct. 19, 1984, 98 Stat.
2558, 1416; amended Pub. L. 99-576, title III, 321(4), Oct. 28,
1986, 100 Stat. 3278; Pub. L. 100-689, title I, 103(b)(4), Nov. 18,
1988, 102 Stat. 4165; renumbered 3016 and amended Pub. L. 102-83,
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 1416 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''3011(c)(1)'' for
''1411(c)(1)'', ''3012(d)(1)'' for ''1412(d)(1)'', ''3012(b)(2)'' for
''1412(b)(2)'', and ''3011(a)(1)(A)(i)(I) or 3012(a)(1)(A)(ii)'' for
''1411(a)(1)(A)(i)(I) or 1412(a)(1)(A)(ii)'' in two places.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted
''3012(a)(1)(B)(i)'' for ''1412(a)(1)(B)(i)'' and ''3012(a)(1)(B)(ii)''
for ''1412(a)(1)(B)(ii)'' in two places.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''3018(b)(3)(A)''
for ''1418(b)(3)(A)'' and ''3018(b)(2)'' for ''1418(b)(2)''.
1988 -- Subsec. (c). Pub. L. 100-689 added subsec. (c).
1986 -- Pub. L. 99-576 amended section generally. Prior to
amendment, section read as follows: ''A member of the Armed Forces who
has completed at least two years of service on active duty after June
30, 1985, has continued on active duty or in the Selected Reserve
without a break in service (except as described in section 1412(b)(2) of
this title), and who but for section 1411(a)(1) or 1412(a)(1) of this
title would be eligible for basic educational assistance may receive
educational assistance under this chapter for enrollment in an approved
program of education while continuing to perform the duty described in
section 1411(a)(1) or 1412(a)(1) of this title.''
38 USC 3017. Death benefit
TITLE 38 -- VETERANS' BENEFITS
(a)(1) In the event of the service-connected death of any individual
--
(A) who --
(i) is entitled to basic educational assistance under this chapter;
or
(ii) is on active duty in the Armed Forces and but for clause
(1)(A)(i) or clause (2)(A) of section 3011(a) or clause (1)(A)(i) or
(ii) or clause (2) of section 3012(a) of this title would be eligible
for such basic educational assistance; and
(B) who dies while on active duty or within one year after discharge
or release from active duty,
the Secretary shall make a payment, subject to paragraph (2)(B) of
this subsection, in the amount described in subsection (b) of this
section to the person or persons described in paragraph (2)(A) of this
subsection.
(2)(A) The payment referred to in paragraph (1) of this subsection
shall be made to the person or persons first listed below who is
surviving on the date of such individual's death:
(i) The beneficiary or beneficiaries designated by such individual
under the individual's Servicemen's Group Life Insurance policy.
(ii) The surviving spouse of the individual.
(iii) The surviving child or children of the individual, in equal
shares.
(iv) The surviving parent or parents of the individual, in equal
shares.
(B) If no such person survives such individual, no payment shall be
made under this section.
(b) The amount of any payment made under this section shall be equal
to --
(1) the amount reduced from the individual's pay under section
3011(b), 3012(c), or 3018(c) of this title, less
(2) the total of --
(A) the amount of educational assistance that has been paid to the
individual under this chapter before the payment is made under this
section; and
(B) the amount of accrued benefits paid or payable with respect to
such individual in connection with this chapter.
(c) A payment under this section shall be considered to be a benefit
under this title and, for purposes of section 3035(b)(1), it shall be
considered to be an entitlement earned under this subchapter.
(Added Pub. L. 100-689, title I, 101(a), Nov. 18, 1988, 102 Stat.
4161, 1417; amended Pub. L. 101-237, title IV, 423(a)(3), (b)(1)(A),
Dec. 18, 1989, 103 Stat. 2091, 2092; renumbered 3017 and amended Pub.
L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568,
title III, 308, Oct. 29, 1992, 106 Stat. 4329.)
1992 -- Subsec. (a)(1)(B). Pub. L. 102-568 inserted before comma
''or within one year after discharge or release from active duty''.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1417 of this title
as this section.
Subsec. (a)(1)(A)(ii). Pub. L. 102-83, 5(c)(1), substituted
''3011(a)'' for ''1411(a)'' and ''3012(a)'' for ''1412(a)''.
Subsec. (b)(1). Pub. L. 102-83, 5(c)(1), substituted ''3011(b),
3012(c), or 3018(c)'' for ''1411(b), 1412(c), or 1418(c)''.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''3035(b)(1)'' for
''1435(b)(1)''.
1989 -- Subsec. (a)(1). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary'' for ''Administrator''.
Subsec. (a)(1)(A)(ii). Pub. L. 101-237, 423(a)(3), substituted ''but
for clause (1)(A)(i) or clause (2)(A) of section 1411(a) or clause
(1)(A)(i) or (ii) or clause (2) of section 1412(a) of this title'' for
''but for section 1411(a)(1)(A)(i) or division (i) or (ii) of section
1412(a)(1)(A) of this title''.
Section 101(c) of Pub. L. 100-689 provided that: ''The amendments
made by this section (enacting this section) shall take effect as of
July 1, 1985.''
38 USC 3018. Opportunity for certain active-duty personnel to withdraw
election not to enroll
TITLE 38 -- VETERANS' BENEFITS
(a) Notwithstanding any other provision of this chapter, during the
period beginning December 1, 1988, and ending June 30, 1989 (hereinafter
in this section referred to as the ''open period''), an individual who
--
(1) first became a member of the Armed Forces or first entered on
active duty as a member of the Armed Forces during the period beginning
July 1, 1985, and ending June 30, 1988;
(2) has continuously served on active duty without a break in service
since the date the individual first became such a member or first
entered on active duty as such a member; and
(3) is serving on active duty during the open period,
shall have the opportunity, in accordance with this section and on
such form as the Secretary of Defense shall prescribe, to withdraw an
election made under section 3011(c)(1) or 3012(d)(1) of this title not
to receive educational assistance under this chapter.
(b) An individual described in clauses (1) through (3) of subsection
(a) of this section who made an election under section 3011(c)(1) or
3012(d)(1) of this title and who --
(1) while serving on active duty during the open period, makes a
withdrawal of such an election;
(2) continues to serve the period of service which, at the beginning
of the open period, such individual was obligated to serve;
(3)(A) serves the obligated period of service described in clause (2)
of this subsection;
(B) before completing such obligated period of service, is discharged
or released from active duty for (i) a service-connected disability,
(ii) a medical condition which preexisted such service and which the
Secretary determines is not service connected, (iii) hardship, or (iv) a
physical or mental condition that was not characterized as a disability
and did not result from the individual's own willful misconduct but did
interfere with the individual's performance of duty, as determined by
the Secretary of each military department in accordance with regulations
prescribed by the Secretary of Defense (or by the Secretary of
Transportation with respect to the Coast Guard when it is not operating
as a service of the Navy); or
(C) before completing such obligated period of service, is (i)
discharged or released from active duty for the convenience of the
Government after completing not less than 20 months of such period of
service, if such period was less than three years, or 30 months, if such
period was at least three years, or (ii) involuntarily discharged or
released from active duty for the convenience of the Government as a
result of a reduction in force, as determined by the Secretary concerned
in accordance with regulations prescribed by the Secretary of Defense;
(4) before completing such obligated period of service (i) has
completed the requirements of a secondary school diploma (or an
equivalency certificate), or (ii) has successfully completed the
equivalent of 12 semester hours in a program of education leading to a
standard college degree; and
(5) upon completion of such obligated period of service --
(A) is discharged from service with an honorable discharge, is placed
on the retired list, is transferred to the Fleet Reserve or Fleet Marine
Corps Reserve, or is placed on the temporary disability retired list;
(B) continues on active duty; or
(C) is released from active duty for further service in a reserve
component of the Armed Forces after service on active duty characterized
by the Secretary concerned as honorable service,
is entitled to basic educational assistance under this chapter.
(c) The basic pay of an individual withdrawing, under subsection
(b)(1) of this section, an election under section 3011(c)(1) or
3012(d)(1) of this title shall be reduced by --
(1) $1,200; or
(2) in the case of an individual described in clause (B) or (C) of
subsection (b)(3) of this section whose discharge or release from active
duty prevents the reduction of the basic pay of such individual by
$1,200, an amount less than $1,200.
(d) A withdrawal under subsection (b)(1) of this section is
irrevocable.
(Added Pub. L. 100-689, title I, 103(a), Nov. 18, 1988, 102 Stat.
4164, 1418; amended Pub. L. 101-237, title IV, 423(b)(1)(A), (4)(A),
Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102-16, 10(a)(2), Mar. 22,
1991, 105 Stat. 55; renumbered 3018 and amended Pub. L. 102-83,
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-86, title V,
506(b)(2), Aug. 14, 1991, 105 Stat. 426; Pub. L. 102-568, title III,
309(a), Oct. 29, 1992, 106 Stat. 4329.)
1992 -- Subsec. (b)(3)(B)(iv). Pub. L. 102-568 added cl. (iv).
1991 -- Pub. L. 102-83, 5(a), renumbered section 1418 of this title
as this section.
Subsec. (a). Pub. L. 102-86 made technical amendment to directory
language of Pub. L. 101-237, 423(b)(4)(A). See 1989 Amendment note
below.
Pub. L. 102-83, 5(c)(1), substituted ''3011(c)(1) or 3012(d)(1)''
for ''1411(c)(1) or 1412(d)(1)'' in concluding provisions.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''3011(c)(1) or
3012(d)(1)'' for ''1411(c)(1) or 1412(d)(1)'' in introductory
provisions.
Subsec. (b)(4). Pub. L. 102-16 substituted ''service (i)'' for
''service,'' and added cl. (ii).
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''3011(c)(1) or
3012(d)(1)'' for ''1411(c)(1) or 1412(d)(1)'' in introductory
provisions.
1989 -- Subsec. (a). Pub. L. 101-237, 423(b)(4)(A), as amended by
Pub. L. 102-86, inserted ''of Defense'' after ''Secretary'' in
concluding provisions.
Subsec. (b)(3)(B). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary'' for ''Administrator''.
Section 309(b) of Pub. L. 102-568 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect as if
enacted on December 1, 1988.''
Section 506(b)(2) of Pub. L. 102-86 provided that the amendment made
by that section is effective as of Dec. 18, 1989.
38 USC 3018A. Opportunity for certain active-duty personnel to enroll
before being involuntarily separated from service
TITLE 38 -- VETERANS' BENEFITS
(a) Notwithstanding any other provision of law, an individual who --
(1) after December 31, 1990, or the end of the 90-day period
beginning on the date of the enactment of this section, whichever is
later, is involuntarily separated (as such term is defined in section
1141 of title 10) with an honorable discharge;
(2) before applying for benefits under this section, has completed
the requirements of a secondary school diploma (or equivalency
certificate) or has successfully completed the equivalent of 12 semester
hours in a program of education leading to a standard college degree;
(3) in the case of any individual who has made an election under
section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election
before such separation pursuant to procedures which the Secretary of
each military department shall provide in accordance with regulations
prescribed by the Secretary of Defense for the purpose of carrying out
this section or which the Secretary of Transportation shall provide for
such purpose with respect to the Coast Guard when it is not operating as
a service in the Navy;
(4) in the case of any person enrolled in the educational benefits
program provided by chapter 32 of this title makes an irrevocable
election, pursuant to procedures referred to in paragraph (3) of this
subsection, before such separation to receive benefits under this
section in lieu of benefits under such chapter 32; and
(5) before such separation elects to receive assistance under this
section pursuant to procedures referred to in paragraph (3) of this
subsection,
is entitled to basic educational assistance under this chapter.
(b) The basic pay of an individual described in subsection (a) of
this section shall be reduced by $1,200.
(c) A withdrawal referred to in subsection (a)(3) of this section is
irrevocable.
(d)(1) Except as provided in paragraph (3) of this subsection, an
individual who is enrolled in the educational benefits program provided
by chapter 32 of this title and who makes the election described in
subsection (a)(4) of this subsection shall be disenrolled from such
chapter 32 program as of the date of such election.
(2) For each individual who is disenrolled from such program, the
Secretary shall refund --
(A) as provided in section 3223(b) of this title, to the individual
the unused contributions made by the individual to the Post-Vietnam Era
Veterans Education Account established pursuant to section 3222(a) of
this title; and
(B) to the Secretary of Defense the unused contributions (other than
contributions made under section 3222(c) of this title) made by such
Secretary to the Account on behalf of such individual.
(3) Any contribution made by the Secretary of Defense to the
Post-Vietnam Era Veterans Education Account pursuant to subsection (c)
of section 3222 of this title on behalf of any individual referred to in
paragraph (1) of this subsection shall remain in such Account to make
payments of benefits to such individual under section 3015(e) /1/ of
this chapter.
(Added Pub. L. 101-510, div. A, title V, 561(a)(1), Nov. 5, 1990,
104 Stat. 1571, 1418A; amended Pub. L. 102-25, title VII, 705(c)(1),
Apr. 6, 1991, 105 Stat. 120; renumbered 3018A and amended Pub. L.
102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
The date of the enactment of this section, referred to in subsec.
(a)(1), is the date of enactment of Pub. L. 101-510, which was approved
Nov. 5, 1990.
Section 3015(e) of this chapter, referred to in subsec. (d)(3), was
redesignated section 3015(f) by Pub. L. 102-568, title III, 307(a)(1),
Oct. 29, 1992, 106 Stat. 4328.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1418A of this
title as this section.
Subsec. (a)(1). Pub. L. 102-25 substituted ''section 1141 of title
10'' for ''section 1142 of title 10''.
Subsec. (a)(3). Pub. L. 102-83, 5(c)(1), substituted ''3011(c)(1) or
3012(d)(1)'' for ''1411(c)(1) or 1412(d)(1)''.
Subsec. (d)(2), (3). Pub. L. 102-83, 5(c)(1), substituted
''3223(b)'' for ''1623(b)'', ''3222(a)'' for ''1622(a)'', and
''3222(c)'' for ''1622(c)'' in par. (2) and ''3222'' for ''1622'' and
''3015(e)'' for ''1415(e)'' in par. (3).
4214 of this title.
/1/ See References in Text note below.
38 USC 3018B. Opportunity for certain persons to enroll
TITLE 38 -- VETERANS' BENEFITS
(a) Notwithstanding any other provision of law --
(1) the Secretary of Defense shall, subject to the availability of
appropriations, allow an individual who --
(A) is separated from the active military, naval, or air service with
an honorable discharge and receives voluntary separation incentives
under section 1174a or 1175 of title 10;
(B) before applying for benefits under this section, has completed
the requirements of a secondary school diploma (or equivalency
certificate) or has successfully completed the equivalent of 12 semester
hours in a program of education leading to a standard college degree;
(C) in the case of any individual who has made an election under
section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election
before such separation pursuant to procedures which the Secretary of
each military department shall provide in accordance with regulations
prescribed by the Secretary of Defense for the purpose of carrying out
this section or which the Secretary of Transportation shall provide for
such purpose with respect to the Coast Guard when it is not operating as
service in the Navy;
(D) in the case of any person enrolled in the educational benefits
program provided by chapter 32 of this title makes an irrevocable
election, pursuant to procedures referred to in subparagraph (C) of this
paragraph, before such separation to receive benefits under this section
in lieu of benefits under such chapter 32; and
(E) before such separation elects to receive assistance under this
section pursuant to procedures referred to in subparagraph (C) of this
paragraph; or
(2) the Secretary, in consultation with the Secretary of Defense,
shall, subject to the availability of appropriations, allow an
individual who --
(A) separated before the date of enactment of this section from the
active military, naval, or air service with an honorable discharge and
received or is receiving voluntary separation incentives under section
1174a or 1175 of title 10;
(B) before applying for benefits under this section, has completed
the requirements of a secondary school diploma (or equivalency
certificate) or has successfully completed the equivalent of 12 semester
hours in a program of education leading to a standard college degree;
(C) in the case of any individual who has made an election under
section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election
before making an election under this paragraph pursuant to procedures
which the Secretary shall provide, in consultation with the Secretary of
Defense and the Secretary of Transportation with respect to the Coast
Guard when it is not operating as service in the Navy, which shall be
similar to the regulations prescribed under paragraph (1)(C) of this
subsection;
(D) in the case of any person enrolled in the educational benefits
program provided by chapter 32 of this title makes an irrevocable
election, pursuant to procedures referred to in subparagraph (C) of this
paragraph, before making an election under this paragraph to receive
benefits under this section in lieu of benefits under such chapter 32;
and
(E) before the one-year period beginning on the date of enactment of
this section, elects to receive assistance under this section pursuant
to procedures referred to in subparagraph (C) of this paragraph,
to elect to become entitled to basic education assistance under this
chapter.
(b)(1) The basic pay or voluntary separation incentives of an
individual who makes an election under subsection (a)(1) to become
entitled to basic education assistance under this chapter shall be
reduced by $1,200.
(2) The Secretary shall collect $1,200 from an individual who makes
an election under subsection (a)(2) to become entitled to basic
education assistance under this chapter, which shall be paid into the
Treasury of the United States as miscellaneous receipts.
(c) A withdrawal referred to in subsection (a)(1)(C) or (a)(2)(C) of
this section is irrevocable.
(d)(1) Except as provided in paragraph (3) of this subsection, an
individual who is enrolled in the educational benefits program provided
by chapter 32 of this title and who makes the election described in
subsection (a)(1)(D) or (a)(2)(D) of this subsection /1/
shall be disenrolled from such chapter 32 program as of the date of
such election.
(2) For each individual who is disenrolled from such program, the
Secretary shall refund --
(A) as provided in section 3223(b) of this title, to the individual
the unused contributions made by the individual to the Post-Vietnam Era
Veterans Education Account established pursuant to section 3222(a) of
this title; and
(B) to the Secretary of Defense the unused contributions (other than
contributions made under section 3222(c) of this title) made by such
Secretary to the Account on behalf of such individual.
(3) Any contribution made by the Secretary of Defense to the
Post-Vietnam Era Veterans Education Account pursuant to subsection (c)
of section 3222 of this title on behalf of any individual referred to in
paragraph (1) of this subsection shall remain in such Account to make
payments of benefits to such individual under section 3015(e) /2/ of
this chapter.
(Added Pub. L. 102-484, div. D, title XLIV, 4404(a), Oct. 23, 1992,
106 Stat. 2704.)
The date of enactment of this section, referred to in subsec.
(a)(2)(A), (E), is the date of enactment of Pub. L. 102-484, which was
approved Oct. 23, 1992.
Section 3015(e) of this chapter, referred to in subsec. (d)(3), was
redesignated section 3015(f) by Pub. L. 102-568, title III, 307(a)(1),
Oct. 29, 1992, 106 Stat. 4328.
/1/ So in original. Probably should be ''section''.
/2/ See References in Text note below.
38 USC 3019. Tutorial assistance
TITLE 38 -- VETERANS' BENEFITS
(a) An individual entitled to an educational assistance allowance
under this chapter shall also be entitled to benefits provided an
eligible veteran under section 3492 of this title, subject to the
conditions applicable to an eligible veteran under such section.
(b) The amount of such benefits payable under this section may not
exceed $100 per month, for a maximum of twelve months, or until a
maximum of $1,200 is utilized. This amount is in addition to the amount
of educational assistance allowance payable to the individual under this
chapter.
(c)(1) An individual's period of entitlement to educational
assistance under this chapter shall be charged only with respect to the
amount of tutorial assistance paid to the individual under this section
in excess of $600.
(2) An individual's period of entitlement to educational assistance
under this chapter shall be charged at the rate of one month for each
amount of assistance paid to the individual under this section in excess
of $600 that is equal to the amount of the monthly educational
assistance allowance which the individual is otherwise eligible to
receive for full-time pursuit of an institutional course under this
chapter.
(Added Pub. L. 100-689, title I, 107(a)(1), Nov. 18, 1988, 102 Stat.
4167, 1419; renumbered 3019 and amended Pub. L. 102-83, 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 406.)
Prior section 3020 was renumbered section 5120 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1419 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''3492'' for
''1692''.
38 USC SUBCHAPTER III -- SUPPLEMENTAL EDUCATIONAL ASSISTANCE
TITLE 38 -- VETERANS' BENEFITS
38 USC 3021. Supplemental educational assistance for additional
service
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary concerned, pursuant to regulations to be prescribed
by the Secretary of Defense, may provide for the payment of supplemental
educational assistance under this subchapter to any individual eligible
for basic educational assistance under section 3011 or 3018 of this
title who --
(1) serves five or more consecutive years of active duty in the Armed
Forces after the years of active duty counted under section 3011(a)(1)
of this title without a break in such service; and
(2) after completion of the service described in clause (1) of this
subsection --
(A) is discharged from service with an honorable discharge, is placed
on the retired list, is transferred to the Fleet Reserve or Fleet Marine
Corps Reserve, or is placed on the temporary disability retired list;
(B) continues on active duty without a break in service; or
(C) is released from active duty for further service in a reserve
component of the Armed Forces after service on active duty characterized
by the Secretary concerned as honorable service.
(b) The Secretary concerned, pursuant to regulations to be prescribed
by the Secretary of Defense, may provide for the payment of supplemental
educational assistance under this subchapter to any individual eligible
for basic educational assistance under section 3012 or 3018 of this
title who --
(1) serves two or more consecutive years of active duty in the Armed
Forces after the years of active duty counted under section 3012(a)(1)
of this title and four or more consecutive years of duty in the Selected
Reserve after the years of duty in the Selected Reserve counted under
such section without a break in service; and
(2) after completion of the service described in clause (1) of this
subsection --
(A) is discharged from service with an honorable discharge, is placed
on the retired list, is transferred to the Fleet Reserve or Fleet Marine
Corps Reserve, or is placed on the temporary disability retired list;
or
(B) continues on active duty or in the Selected Reserve.
(c) Continuity of service of a member in the Selected Reserve for
purposes of subsection (b)(1) of this section shall not be considered to
be broken --
(1) by any period of time (not to exceed a maximum period prescribed
by the Secretary concerned by regulation) during which the member is not
able to locate a unit of the Selected Reserve of the member's Armed
Force that the member is eligible to join or that has a vacancy; or
(2) by any other period of time (not to exceed a maximum period
prescribed by the Secretary concerned by regulation) during which the
member is not attached to a unit of the Selected Reserve that the
Secretary concerned, pursuant to regulations, considers to be
inappropriate to consider for such purpose.
(d) A period of active duty or duty in the Selected Reserve that
occurs before the period of duty by which the individual concerned
qualifies for basic educational assistance may not be counted for
purposes of this section.
(Added Pub. L. 98-525, title VII, 702(a)(1), Oct. 19, 1984, 98 Stat.
2558, 1421; amended Pub. L. 99-576, title III, 321(5), (6), Oct. 28,
1986, 100 Stat. 3278; Pub. L. 100-689, title I, 103(b)(5), Nov. 18,
1988, 102 Stat. 4166; Pub. L. 101-237, title IV, 423(b)(4)(B), Dec.
18, 1989, 103 Stat. 2092; renumbered 3021 and amended Pub. L. 102-83,
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
Prior section 3021 was renumbered section 5121 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1421 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''3011 or 3018''
for ''1411 or 1418'' in introductory provisions and ''3011(a)(1)'' for
''1411(a)(1)'' in par. (1).
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''3012 or 3018''
for ''1412 or 1418'' in introductory provisions and ''3012(a)(1)'' for
''1412(a)(1)'' in par. (1).
1989 -- Subsecs. (a), (b). Pub. L. 101-237 inserted ''of Defense''
after second reference to ''Secretary''.
1988 -- Subsecs. (a), (b). Pub. L. 100-689 inserted reference to
section 1418 of this title.
1986 -- Subsec. (a)(1). Pub. L. 99-576, 321(5), substituted
''after'' for ''in addition to''.
Subsec. (b)(1). Pub. L. 99-576, 321(5), substituted ''after'' for
''in addition to'' in two places.
Subsec. (c)(1). Pub. L. 99-576, 321(6), substituted ''the member's''
for ''his''.
Section 702(b) of Pub. L. 98-525 provided that: ''Subchapter III of
chapter 30 of title 38, United States Code, as added by subsection (a),
shall take effect on July 1, 1986.''
38 USC 3022. Amount of supplemental educational assistance
TITLE 38 -- VETERANS' BENEFITS
(a) The amount of payment of educational assistance under this
chapter is subject to section 3032 of this title. Except as otherwise
provided under subsection (b) of this section, supplemental educational
assistance under section 3021 of this title shall be paid --
(1) at a monthly rate of $300 for an approved program of education
pursued on a full-time basis; or
(2) at an appropriately reduced rate, as determined under regulations
which the Secretary shall prescribe, for an approved program of
education pursued on less than a full-time basis.
(b) In the case of a member of the Armed Forces for whom the
Secretary concerned has provided for the payment of supplemental
educational assistance who has a skill or specialty designated by the
Secretary concerned, pursuant to regulations to be prescribed by the
Secretary of Defense, as a skill or specialty in which there is a
critical shortage of personnel, the Secretary concerned, pursuant to
such regulations, may increase the rate of the supplemental educational
assistance allowance applicable to such individual to such rate in
excess of the rate prescribed under subsection (a) of this section as
the Secretary concerned considers appropriate, but the amount of any
such increase may not exceed $300 per month.
(Added Pub. L. 98-525, title VII, 702(a)(1), Oct. 19, 1984, 98 Stat.
2559, 1422; amended Pub. L. 100-689, title I, 111(a)(5)(B), Nov. 18,
1988, 102 Stat. 4171; Pub. L. 101-237, title IV, 423(b)(1)(A), (4)(C),
Dec. 18, 1989, 103 Stat. 2092; renumbered 3022 and amended Pub. L.
102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
Prior section 3022 was renumbered section 5122 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1422 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''3032'' for
''1432'' and ''3021'' for ''1421'' in introductory provisions.
1989 -- Subsec. (a)(2). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary'' for ''Administrator''.
Subsec. (b). Pub. L. 101-237 inserted ''of Defense'' after third
reference to ''Secretary''.
1988 -- Subsec. (a). Pub. L. 100-689 substituted ''The amount of
payment of educational assistance under this chapter is subject to
section 1432 of this title. Except'' for ''Subject to section 1432 of
this title and except''.
38 USC 3023. Payment of supplemental educational assistance under this
subchapter
TITLE 38 -- VETERANS' BENEFITS
The Secretary shall increase the monthly basic educational assistance
allowance paid to an individual who is entitled to supplemental
educational assistance under this subchapter by the monthly amount of
the supplemental educational assistance to which the individual is
entitled.
(Added Pub. L. 98-525, title VII, 702(a)(1), Oct. 19, 1984, 98 Stat.
2560, 1423; amended Pub. L. 101-237, title IV, 423(b)(1)(A), Dec. 18,
1989, 103 Stat. 2092; renumbered 3023, Pub. L. 102-83, 5(a), Aug. 6,
1991, 105 Stat. 406.)
Prior section 3023 was renumbered section 5123 of this title.
1991 -- Pub. L. 102-83 renumbered section 1423 of this title as this
section.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator''.
38 USC SUBCHAPTER IV -- TIME LIMITATION FOR USE OF ELIGIBILITY AND
ENTITLEMENT; GENERAL AND ADMINISTRATIVE PROVISIONS
TITLE 38 -- VETERANS' BENEFITS
38 USC 3031. Time limitation for use of eligibility and entitlement
TITLE 38 -- VETERANS' BENEFITS
(a) Except as provided in subsections (b) through (e), and subject to
subsection (g), of this section, the period during which an individual
entitled to educational assistance under this chapter may use such
individual's entitlement expires at the end of the 10-year period
beginning on the date of such individual's last discharge or release
from active duty, except that such 10-year period shall begin --
(1) in the case of an individual who becomes entitled to such
assistance under clause (A) or (B) of section 3012(a)(1) of this title,
on the later of the date of such individual's last discharge or release
from active duty or the date on which the four-year requirement
described in clause (A)(ii) or (B)(ii), respectively, of such section
3012(a)(1) is met; and
(2) in the case of an individual who becomes entitled to such
assistance under section 3011(a)(1)(B), on the later of the date of such
individual's last discharge or release from active duty or January 1,
1990.
(b) In the case of any eligible individual who has been prevented, as
determined by the Secretary, from pursuing a program of education under
this chapter within the 10-year period prescribed by subsection (a) of
this section because such individual had not met the nature of discharge
requirement of this chapter before the nature of such individual's
discharge or release was changed by appropriate authority, such 10-year
period shall not run during the period of time that such individual was
so prevented from pursuing such program of education.
(c) In the case of an individual eligible for educational assistance
under the provisions of this chapter who, after such individual's last
discharge or release from active duty, was detained by a foreign
government or power, the 10-year period described in subsection (a) of
this section shall not run (1) while such individual is so detained, or
(2) during any period immediately following such individual's release
from such detention during which such individual is hospitalized at a
military, civilian, or Department of Veterans Affairs medical facility.
(d) In the case of an individual eligible for educational assistance
under this chapter --
(1) who was prevented from pursuing such individual's chosen program
of education before the expiration of the 10-year period for use of
entitlement under this chapter otherwise applicable under this section
because of a physical or mental disability which was not the result of
the individual's own willful misconduct, and
(2) who applies for an extension of such 10-year period within one
year after (A) the last day of such period, or (B) the last day on which
such individual was so prevented from pursuing such program, whichever
is later,
such 10-year period shall not run with respect to such individual
during the period of time that such individual was so prevented from
pursuing such program and such 10-year period will again begin running
on the first day following such individual's recovery from such
disability on which it is reasonably feasible, as determined under
regulations which the Secretary shall prescribe, for such individual to
initiate or resume pursuit of a program of education with educational
assistance under this chapter.
(e)(1) Except as provided in paragraph (2) of this subsection, in the
case of an individual described in section 3011(a)(1)(B) or
3012(a)(1)(B) of this title who is entitled to basic educational
assistance under this chapter, the 10-year period prescribed in
subsection (a) of this section shall be reduced by an amount of time
equal to the amount of time that such individual was not serving on
active duty during the period beginning on January 1, 1977, and ending
on June 30, 1985.
(2) In the case of an individual to which paragraph (1) of this
subsection is applicable and who is described in section 3452(a)(1)(B)
of this title, the 10-year period prescribed in subsection (a) of this
section shall not be reduced by any period in 1977 before the individual
began serving on active duty.
(f)(1) If an individual eligible for educational assistance under
this chapter is enrolled under this chapter in an educational
institution regularly operated on the quarter or semester system and the
period of such individual's entitlement under this chapter would, under
section 3013, expire during a quarter or semester, such period shall be
extended to the end of such quarter or semester.
(2) If an individual eligible for educational assistance under this
chapter is enrolled under this chapter in an educational institution not
regularly operated on the quarter or semester system and the period of
such individual's entitlement under this chapter would, under section
3013, expire after a major portion of the course is completed, such
period shall be extended to the end of the course or for 12 weeks,
whichever is the lesser period of extension.
(g) For purposes of subsection (a) of this section, an individual's
last discharge or release from active duty shall not include any
discharge or release from a period of active duty of less than 90 days
of continuous service unless the individual involved is discharged or
released for a service-connected disability, for a medical condition
which preexisted such service and which the Secretary determines is not
service connected, for hardship, or as a result of a reduction in force
as described in section 3011(a)(1)(A)(ii)(III) of this title.
(Added Pub. L. 98-525, title VII, 702(a)(1), Oct. 19, 1984, 98 Stat.
2560, 1431; amended Pub. L. 99-576, title III, 307(b), 321(7), Oct.
28, 1986, 100 Stat. 3270, 3278; Pub. L. 100-689, title I, 111(a)(6),
Nov. 18, 1988, 102 Stat. 4171; Pub. L. 101-237, title IV, 420(a)(1),
(b), 423(a)(4), (b)(1), Dec. 18, 1989, 103 Stat. 2087, 2088, 2091,
2092; renumbered 3031 and amended Pub. L. 102-83, 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 406; Pub. L. 102-568, title III, 302(a)(3), Oct.
29, 1992, 106 Stat. 4327.)
1992 -- Subsec. (e)(1). Pub. L. 102-568 substituted ''June 30,
1985'' for ''October 18, 1984''.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1431 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''3012(a)(1)'' for
''1412(a)(1)'' in two places in par. (1) and ''3011(a)(1)(B)'' for
''1411(a)(1)(B)'' in par. (2).
Subsec. (e). Pub. L. 102-83, 5(c)(1), substituted ''3011(a)(1)(B) or
3012(a)(1)(B)'' for ''1411(a)(1)(B) or 1412(a)(1)(B)'' in par. (1) and
''3452(a)(1)(B)'' for ''1652(a)(1)(B)'' in par. (2).
Subsec. (f). Pub. L. 102-83, 5(c)(1), substituted ''3013'' for
''1413'' in pars. (1) and (2).
Subsec. (g). Pub. L. 102-83, 5(c)(1), substituted
''3011(a)(1)(A)(ii)(III)'' for ''1411(a)(1)(A)(ii)(III)''.
1989 -- Subsec. (a). Pub. L. 101-237, 420(a)(1)(B), inserted '',
and subject to subsection (g),'' before ''of this section''.
Subsec. (b). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary'' for ''Administrator''.
Subsec. (c). Pub. L. 101-237, 423(b)(1)(B), substituted ''Department
of Veterans Affairs'' for ''Veterans' Administration''.
Subsec. (d). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary'' for ''Administrator''.
Subsec. (e). Pub. L. 101-237, 420(b), designated existing provisions
as par. (1), and substituted ''Except as provided in paragraph (2) of
this subsection, in'' for ''In'', and added par. (2).
Subsec. (f)(1), (2). Pub. L. 101-237, 423(a)(4), substituted '',
under section 1413,'' for '', under this section,''.
Subsec. (g). Pub. L. 101-237, 420(a)(1)(A), added subsec. (g).
1988 -- Subsec. (a). Pub. L. 100-689 substituted ''beginning on the
date of such individual's last discharge or release from active duty,
except that such 10-year period shall begin -- '' and pars. (1) and (2)
for ''beginning on (1) the date of such individual's last discharge or
release from active duty, or (2) the last day on which such individual
becomes entitled to such assistance, whichever is later''.
1986 -- Subsec. (a). Pub. L. 99-576, 307(b)(1), 321(7)(A), made
identical amendments, substituting ''(e)'' for ''(d)''.
Subsec. (b). Pub. L. 99-576, 321(7)(B), struck out ''subchapter II
or III of'' after ''program of education under'', substituted
''requirement of this chapter'' for ''requirement of such subchapter'',
struck out the cl. (1) designation before ''the nature of such
individual's discharge'' and struck out ''or (2) with respect to
educational assistance under subchapter II of this chapter, the
Administrator determined, under regulations prescribed by the
Administrator, that such discharge or release was under conditions
described in section 1411(a)(3) or 1412(a)(3) of this title,'' after
''appropriate authority,''.
Subsec. (e). Pub. L. 99-576, 307(b)(3), added subsec. (e). Former
subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 99-576, 307(b)(2), redesignated former subsec.
(e) as (f).
Subsec. (f)(2). Pub. L. 99-576, 321(7)(C), which directed that
subsec. (e)(2) be amended by inserting ''not'' after ''educational
institution'' was executed to subsec. (f)(2) to reflect the probable
intent of Congress and the intervening redesignation of subsec. (e) as
(f) by section 307(b)(3) of Pub. L. 99-576.
Amendment by Pub. L. 102-568 effective Oct. 28, 1986, see section
302(b) of Pub. L. 102-568, set out as a note under section 3011 of this
title.
38 USC 3032. Limitations on educational assistance for certain
individuals
TITLE 38 -- VETERANS' BENEFITS
(a) In the case of an individual entitled to educational assistance
under this chapter who is pursuing a program of education --
(1) while on active duty; or
(2) on less than a half-time basis,
the amount of the monthly educational assistance allowance payable to
such individual under this chapter is the amount determined under
subsection (b) of this section.
(b) The amount of the educational assistance allowance payable to an
individual described in subsection (a) of this section is the lesser of
(1) the amount of the educational assistance allowance otherwise payable
to such individual under this chapter, or (2) the established charges
for tuition and fees that the educational institution involved requires
similarly circumstanced nonveterans enrolled in the same program to pay.
(c)(1) Except as provided in paragraph (2) of this subsection, the
amount of the monthly educational assistance allowance payable to an
individual pursuing a full-time program of apprenticeship or other
on-job training under this chapter is --
(A) for each of the first six months of the individual's pursuit of
such program, 75 percent of the monthly educational assistance allowance
otherwise payable to such individual under this chapter;
(B) for each of the second six months of the individual's pursuit of
such program, 55 percent of such monthly educational assistance
allowance; and
(C) for each of the months following the first 12 months of the
individual's pursuit of such program, 35 percent of such monthly
educational assistance allowance.
(2) In any month in which an individual pursuing a program of
education consisting of a program of apprenticeship or other on-job
training fails to complete 120 hours of training, the amount of monthly
educational assistance allowance payable under this chapter to the
individual shall be limited to the same proportion of the applicable
rate determined under paragraph (1) of this subsection as the number of
hours worked during such month, rounded to the nearest eight hours,
bears to 120 hours.
(3)(A) Except as provided in subparagraph (B) of this paragraph, for
each month that an individual is paid a monthly educational assistance
allowance under this chapter, the individual's entitlement under this
chapter shall be charged at the rate of --
(i) 75 percent of a month in the case of payments made in accordance
with paragraph (1)(A) of this subsection;
(ii) 55 percent of a month in the case of payments made in accordance
with paragraph (1)(B) of this subsection; and
(iii) 35 percent of a month in the case of payments made in
accordance with paragraph (1)(C) of this subsection.
(B) Any such charge to the individual's entitlement shall be reduced
proportionately in accordance with the reduction in payment under
paragraph (2) of this subsection.
(d)(1) The amount of the monthly educational assistance allowance
payable to an individual pursuing a cooperative program under this
chapter shall be 80 percent of the monthly allowance otherwise payable
to such individual under section 3015 and section 3022, if applicable,
of this title.
(2) For each month that an individual is paid a monthly educational
assistance allowance for pursuit of a cooperative program under this
chapter, the individual's entitlement under this chapter shall be
charged at the rate of 80 percent of a month.
(e)(1)(A) The amount of the educational assistance allowance payable
under this chapter to an individual who enters into an agreement to
pursue, and is pursuing, a program of education exclusively by
correspondence is an amount equal to 55 percent of the established
charge which the institution requires nonveterans to pay for the course
or courses pursued by such individual.
(B) For purposes of this paragraph, the term ''established charge''
means the lesser of --
(i) the charge for the course or courses determined on the basis of
the lowest extended time payment plan offered by the institution and
approved by the appropriate State approving agency; or
(ii) the actual charge to the individual for such course or courses.
(2) Such allowance shall be paid quarterly on a pro rata basis for
the lessons completed by the individual and serviced by the institution.
(3) In each case in which the rate of payment to an individual is
determined under paragraph (1) of this subsection, the period of
entitlement of such individual under this chapter shall be charged at
the rate of one month for each payment of educational assistance to the
individual that is equal to the amount of monthly educational assistance
the individual would otherwise be eligible to receive for full-time
pursuit of an institutional course under this chapter.
(f)(1) Notwithstanding subsection (a) of this section, each
individual who is pursuing a program of education consisting exclusively
of flight training approved as meeting the requirements of section
3034(d) of this title shall be paid an educational assistance allowance
under this chapter in the amount equal to 60 percent of the established
charges for tuition and fees which similarly circumstanced nonveterans
enrolled in the same flight course are required to pay.
(2) No educational assistance allowance may be paid under this
chapter to an individual for any month during which such individual is
pursuing a program of education consisting exclusively of flight
training until the Secretary has received from that individual and the
institution providing such training a certification of the flight
training received by the individual during that month and the tuition
and other fees charged for that training.
(3) The number of months of entitlement charged in the case of any
individual for a program of education described in paragraph (1) of this
subsection shall be equal to the number (including any fraction)
determined by dividing the total amount of educational assistance paid
such individual for such program by the monthly rate of educational
assistance which, except for paragraph (1) of this subsection, such
individual would otherwise be paid under subsection (a)(1), (b)(1), (c),
or (d)(1) /1/ of section 3015 of this title, as the case may be.
(4) The number of solo flying hours for which an individual may be
paid an educational assistance allowance under this subsection may not
exceed the minimum number of solo flying hours required by the Federal
Aviation Administration for the flight rating or certification which is
the goal of the individual's flight training.
(Added Pub. L. 98-525, title VII, 702(a)(1), Oct. 19, 1984, 98 Stat.
2561, 1432; amended Pub. L. 99-576, title III, 301(b), (d)(1), Oct.
28, 1986, 100 Stat. 3267, 3268; Pub. L. 100-689, title I, 108(a)(2),
111(a)(7)(A), (8), Nov. 18, 1988, 102 Stat. 4169, 4172; Pub. L.
101-237, title IV, 422(a)(2), Dec. 18, 1989, 103 Stat. 2089; Pub. L.
102-16, 10(a)(3), Mar. 22, 1991, 105 Stat. 55; renumbered 3032 and
amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406;
Pub. L. 102-568, title III, 310(a), Oct. 29, 1992, 106 Stat. 4329.)
Subsections (c) and (d)(1) of section 3015 of this title, referred to
in subsec. (f)(3), were redesignated subsections (d) and (e)(1),
respectively, of section 3015 by Pub. L. 102-568, title III,
307(a)(1), Oct. 29, 1992, 106 Stat. 4328.
1992 -- Subsec. (f)(1). Pub. L. 102-568, 310(a)(1), struck out
''(other than tuition and fees charged for or attributable to solo
flying hours)'' after ''for tuition and fees''.
Subsec. (f)(4). Pub. L. 102-568, 310(a)(2), added par. (4).
1991 -- Pub. L. 102-83, 5(a), renumbered section 1432 of this title
as this section.
Subsec. (d)(1). Pub. L. 102-83, 5(c)(1), substituted ''3015'' for
''1415'' and ''3022'' for ''1422''.
Subsec. (f)(1). Pub. L. 102-83, 5(c)(1), substituted ''3034(d)'' for
''1434(d)''.
Subsec. (f)(3). Pub. L. 102-83, 5(c)(1), substituted ''3015'' for
''1415''.
Pub. L. 102-16 substituted ''(c), or (d)(1)'' for ''or (c)''.
1989 -- Subsec. (f). Pub. L. 101-237 added subsec. (f).
1988 -- Subsec. (c)(3)(A). Pub. L. 100-689, 111(a)(8)(A), (B),
designated existing provision as subpar. (A) and substituted ''Except
as provided in subparagraph (B) of this paragraph, for'' for ''For'',
and redesignated subpars. (A) to (C) as cls. (i) to (iii),
respectively.
Subsec. (c)(3)(B). Pub. L. 100-689, 111(a)(8)(C), added subpar.
(B).
Subsec. (d). Pub. L. 100-689, 108(a)(2), added subsec. (d).
Subsec. (e). Pub. L. 100-689, 111(a)(7)(A), added subsec. (e).
1986 -- Pub. L. 99-576, 301(d)(1), substituted ''Limitations'' for
''Limitation'' in section catchline.
Subsec. (c). Pub. L. 99-576, 301(b), added subsec. (c).
Amendment by Pub. L. 102-568 applicable to flight training received
under this chapter, chapter 32 of this title, and chapter 106 of Title
10, Armed Forces, after Sept. 30, 1992, see section 310(d) of Pub. L.
102-568, set out as a note under section 2131 of Title 10.
Amendment by Pub. L. 101-237 effective Sept. 30, 1990, see section
422(d) of Pub. L. 101-237, set out as a note under section 2131 of
Title 10, Armed Forces.
Amendment by section 108(a)(2) of Pub. L. 100-689 effective Jan. 1,
1989, see section 108(c) of Pub. L. 100-689, set out as a note under
section 3002 of this title.
/1/ See References in Text note below.
38 USC 3033. Bar to duplication of educational assistance benefits
TITLE 38 -- VETERANS' BENEFITS
(a)(1) An individual entitled to educational assistance under a
program established by this chapter who is also eligible for educational
assistance under a program under chapter 31, 32, or 35 of this title,
under chapter 106 or 107 of title 10, or under the Hostage Relief Act of
1980 (Public Law 96-449; 5 U.S.C. 5561 note) may not receive assistance
under two or more of such programs concurrently but shall elect (in such
form and manner as the Secretary may prescribe) under which program to
receive educational assistance.
(2) An individual entitled to educational assistance under chapter 34
of this title may not receive assistance under this chapter before
January 1, 1990.
(b) A period of service counted for purposes of repayment under
chapter 109 of title 10 of an education loan may not also be counted for
purposes of entitlement to educational assistance under this chapter.
(c) An individual who serves in the Selected Reserve may not receive
credit for such service under both the program established by this
chapter and the program established by chapter 106 of title 10 but shall
elect (in such form and manner as the Secretary may prescribe) the
program to which such service is to be credited.
(Added Pub. L. 98-525, title VII, 702(a)(1), Oct. 19, 1984, 98 Stat.
2561, 1433; amended Pub. L. 99-576, title III, 306, Oct. 28, 1986,
100 Stat. 3269; Pub. L. 101-237, title IV, 423(b)(1)(A), Dec. 18,
1989, 103 Stat. 2092; Pub. L. 102-16, 10(a)(4), Mar. 22, 1991, 105
Stat. 55; renumbered 3033, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105
Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 1433 of this title as this
section.
Subsec. (b). Pub. L. 102-16 substituted ''chapter 109 of title 10''
for ''section 902 of the Department of Defense Authorization Act, 1981
(10 U.S.C. 2141 note),''.
1989 -- Subsecs. (a)(1), (c). Pub. L. 101-237 substituted
''Secretary'' for ''Administrator''.
1986 -- Subsec. (a)(1). Pub. L. 99-576, 306(a), substituted
''chapter 31, 32, or 35 of this title, under chapter 106 or 107 of title
10, or under the Hostage Relief Act of 1980 (Public Law 96-449; 5
U.S.C. 5561 note) may not receive assistance under two or more of such
programs'' for ''chapter 31, 34, or 35 of this title or under chapter
106 or 107 of title 10 may not receive assistance under both programs''.
Subsec. (c). Pub. L. 99-576, 306(b), amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows: ''An individual who
is entitled to educational assistance under chapter 106 of title 10 may
not also receive educational assistance under this chapter based on
entitlement under section 1412 of this title.''
38 USC 3034. Program administration
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Except as otherwise provided in this chapter, the provisions
of sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of this
title and the provisions of subchapters I and II of chapter 36 of this
title (with the exception of sections 3680(c), 3680(f), 3686(a), and
3687) shall be applicable to the provision of educational assistance
under this chapter.
(2) The term ''eligible veteran'', as used in the provisions of the
sections enumerated in paragraph (1) of this subsection, shall be deemed
to include an individual who is eligible for educational assistance
under this chapter.
(3) The Secretary may, without regard to the application to this
chapter of so much of the provisions of section 3471 of this title as
prohibit the enrollment of an eligible veteran in a program of education
in which the veteran is ''already qualified'', and pursuant to such
regulations as the Secretary shall prescribe, approve the enrollment of
such individual in refresher courses (including courses which will
permit such individual to update knowledge and skills or be instructed
in the technological advances which have occurred in the individual's
field of employment during and since the period of such veteran's active
military service), deficiency courses, or other preparatory or special
education or training courses necessary to enable the individual to
pursue an approved program of education.
(b) Regulations prescribed by the Secretary of Defense under this
chapter shall be uniform for the Armed Forces under the jurisdiction of
the Secretary of a military department.
(c) Payment of educational assistance allowance in the case of an
eligible individual pursuing a program of education under this chapter
on less than a half-time basis shall be made in a lump-sum amount for
the entire quarter, semester, or term not later than the last day of the
month immediately following the month in which certification is received
from the educational institution that such individual has enrolled in
and is pursuing a program at such institution. Such lump-sum payment
shall be computed at the rate determined under section 3032(b) of this
title.
(d)(1) The Secretary may approve the pursuit of flight training (in
addition to a course of flight training that may be approved under
section 3680A(b) of this title) by an individual entitled to basic
educational assistance under this chapter if --
(A) such training is generally accepted as necessary for the
attainment of a recognized vocational objective in the field of
aviation;
(B) the individual possesses a valid private pilot's license and
meets the medical requirements necessary for a commercial pilot's
license; and
(C) the flight school courses meet Federal Aviation Administration
standards for such courses and are approved by the Federal Aviation
Administration and the State approving agency.
(2) This subsection shall not apply to a course of flight training
that commences on or after October 1, 1994.
(Added Pub. L. 98-525, title VII, 702(a)(1), Oct. 19, 1984, 98 Stat.
2562, 1434; amended Pub. L. 99-576, title III, 301(c), 302, 305,
308(a), Oct. 28, 1986, 100 Stat. 3268-3270; Pub. L. 100-689, title I,
106(a), 111(a)(7)(B), Nov. 18, 1988, 102 Stat. 4166, 4172; Pub. L.
101-237, title IV, 415(b), 422(a)(1), 423(a)(5)(A), (6), (b)(1)(A),
Dec. 18, 1989, 103 Stat. 2086, 2088, 2091, 2092; Pub. L. 102-16,
2(b)(2), Mar. 22, 1991, 105 Stat. 49; renumbered 3034 and amended Pub.
L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568,
title III, 313(a)(4), Oct. 29, 1992, 106 Stat. 4332.)
1992 -- Subsec. (a)(1). Pub. L. 102-568, 313(a)(4)(A), struck out
''3473,'' after ''3471,''.
Subsec. (d)(1). Pub. L. 102-568, 313(a)(4)(B), substituted
''3680A(b)'' for ''3473(b)'' in introductory provisions.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1434 of this title
as this section.
Subsec. (a)(1). Pub. L. 102-83, 5(c)(1), substituted ''3470, 3471,
3473, 3474, 3476, 3482(g), 3483, and 3485'' for ''1670, 1671, 1673,
1674, 1676, 1682(g), 1683, and 1685'' and ''3680(c), 3680(f), 3686(a),
and 3687'' for ''1780(c), 1780(f), 1786(a), and 1787''.
Pub. L. 102-16 struck out ''1663,'' before ''1670,''.
Subsec. (a)(3). Pub. L. 102-83, 5(c)(1), substituted ''3471'' for
''1671''.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''3032(b)'' for
''1432(b)''.
Subsec. (d)(1). Pub. L. 102-83, 5(c)(1), substituted ''3473(b)'' for
''1673(b)'' in introductory provisions.
1989 -- Subsec. (a)(1). Pub. L. 101-237, 423(a)(6)(A), inserted
''1780(f),'' after ''1780(c),''.
Pub. L. 101-237, 415(b)(1), struck out ''1780(g),'' after
''1780(c),''.
Subsec. (a)(3). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Pub. L. 101-237, 423(a)(5)(A), substituted ''employment during and
since the period of such veteran's active military service)'' for
''employment)''.
Subsec. (b). Pub. L. 101-237, 415(b)(2), (3), redesignated subsec.
(c) as (b) and struck out former subsec. (b) which read as follows:
''The Administrator may, pursuant to regulations which the Administrator
shall prescribe, determine and define enrollment in, pursuit of, and
attendance at, any program of education by an individual enrolled in or
pursuing a program of education under this chapter for any period for
which the individual receives educational assistance under this chapter.
Subject to such reports and proof as the Administrator may require to
show an individual's enrollment in and satisfactory pursuit of such
individual's program, the Administrator may withhold payment of benefits
to such individual until the required proof is received and the amount
of the payment is appropriately adjusted.''
Subsec. (c). Pub. L. 101-237, 423(a)(6)(B), added subsec. (c).
Pub. L. 101-237, 415(b)(3), redesignated subsec. (c) as (b).
Subsec. (d). Pub. L. 101-237, 422(a)(1), added subsec. (d).
1988 -- Subsec. (a)(1). Pub. L. 100-689, 106(a)(1),
111(a)(7)(B)(i), designated existing first sentence as par. (1) and
inserted ''1786(a),'' after ''1780(g),''.
Subsec. (a)(2). Pub. L. 100-689, 106(a)(2), (3), designated existing
second sentence, defining ''eligible veteran'', as par. (2) and
substituted ''the provisions of the sections enumerated in paragraph (1)
of this subsection'' for ''those provisions''.
Subsec. (a)(3). Pub. L. 100-689, 106(a)(4), added par. (3).
Subsecs. (c), (d). Pub. L. 100-689, 111(a)(7)(B)(ii), (iii),
redesignated subsec. (d) as (c) and struck out former subsec. (c)
which read as follows: ''When an eligible individual is pursuing a
program of education under this chapter by correspondence, the
individual's entitlement under this chapter shall be charged at the rate
of one month's entitlement for each month of benefits paid to the
individual.''
1986 -- Subsec. (a). Pub. L. 99-576, 301(c), 308(a), substituted
''1683, and 1685'' for ''and 1683'' and ''(with the exception of
sections 1780(c), 1780(g), and 1787)'' for ''(with the exception of
sections 1777, 1780(a)(5), 1780(b), 1786, 1787, and 1792 of such
chapter)''.
Subsec. (b). Pub. L. 99-576, 305, amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ''An educational
assistance allowance for any period may not be paid to an individual
enrolled in or pursuing a program of education under this chapter until
the Administrator has received --
''(1) from such individual a certification as to such individual's
actual attendance during such period; and
''(2) from the educational institution a certification, or an
endorsement of the individual's certificate, that such individual was
enrolled in and pursuing a program of education during such period.''
Subsecs. (c), (d). Pub. L. 99-576, 302, added subsec. (c) and
redesignated former subsec. (c) as (d).
Amendment by section 422(a)(1) of Pub. L. 101-237 effective Sept.
30, 1990, see section 422(d) of Pub. L. 101-237, set out as a note
under section 2131 of Title 10, Armed Forces.
Section 106(d) of Pub. L. 100-689 provided that: ''The amendments
made by this section (amending this section and sections 1641 and 1733
(now 3241 and 3533) of this title) shall take effect on August 15,
1989.''
Amendment by Pub. L. 102-586 not applicable to any person receiving
educational assistance for pursuit of an independent study program in
which the person was enrolled on Oct. 29, 1992, for as long as such
person is continuously thereafter so enrolled and meets requirements of
eligibility for such assistance, see section 313(b) of Pub. L. 102-568,
set out as a note under section 2136 of Title 10, Armed Forces.
Pub. L. 101-366, title II, 206(b), Aug. 15, 1990, 104 Stat. 442,
provided that: ''Any use by the Department of Veterans Affairs, during
the period beginning on July 2, 1990, and ending on the date of the
enactment of this Act (Aug. 15, 1990), of any category of information
provided by the Department of Defense or the Department of
Transportation for making determinations described in section 413(b) of
the Veterans' Benefits Amendments of 1989 (Public Law 101-237) (set out
below) is hereby ratified.''
Section 413(b) of Pub. L. 101-237 provided that: ''Through July 1,
1990, no provision of law shall preclude the Department of Veterans
Affairs, in making determinations of the active-duty or Selected Reserve
status, or the character of service, of individuals receiving benefits
under chapter 30 or 32 of title 38, United States Code, or chapter 106
of title 10, United States Code, from continuing to use any category of
information provided by the Department of Defense or Department of
Transportation that the Department of Veterans Affairs was using prior
to the date of the enactment of this Act (Dec. 18, 1989), if the
Secretary of Veterans Affairs determines that the information has proven
to be sufficiently reliable in making such determinations.''
Section 422(c) of Pub. L. 101-237 provided that:
''(1)(A) The Secretary of Veterans Affairs shall conduct an
evaluation of paying educational assistance for flight training under
chapter 30 of title 38, United States Code, and chapter 106 of title 10,
United States Code.
''(B) The evaluation required by subparagraph (A) shall be designed
to determine the effectiveness of the provision of educational
assistance referred to in such subparagraph in preparing the recipients
of such assistance for recognized vocational objectives in the field of
aviation.
''(2) Not later than January 31, 1994, the Secretary shall submit to
the Committees on Veterans' Affairs of the Senate and the House of
Representatives a report on the evaluation required by paragraph (1).
Such report shall include --
''(A) information, separately as to payments made under chapter 30 of
title 38, United States Code, and payments made under chapter 106 of
title 10, United States Code, regarding --
''(i) the number of recipients paid educational assistance allowances
for flight training;
''(ii) the amount of such assistance;
''(iii) the amount paid by the recipients for such training;
''(iv) the vocational objectives of the recipients; and
''(v) the extent to which the training (I) assists the recipients in
achieving employment in the field of aviation, or (II) was used only or
primarily for recreational or avocational purposes; and
''(B) any recommendations for legislation that the Secretary
considers appropriate to include in the report.''
38 USC 3035. Allocation of administration and of program costs
TITLE 38 -- VETERANS' BENEFITS
(a) Except to the extent otherwise specifically provided in this
chapter, the educational assistance programs established by this chapter
shall be administered by the Department of Veterans Affairs.
(b)(1) Except to the extent provided in paragraphs (2) and (3) of
this subsection, payments for entitlement earned under subchapter II of
this chapter shall be made from funds appropriated to, or otherwise
available to, the Department of Veterans Affairs for the payment of
readjustment benefits.
(2) Payments for entitlement earned under subchapter II of this
chapter that is established under section 3015(c) /1/ of this title at a
rate in excess of the rate prescribed under subsection (a) or (b) of
section 3015 of this title shall, to the extent of that excess, be made
from the Department of Defense Education Benefits Fund established under
section 2006 of title 10 or from appropriations made to the Department
of Transportation, as appropriate.
(3) Payment for entitlements established under section 3018A or 3018B
of this title shall be made --
(A) except as provided in subparagraphs (B) and (C) of this
paragraph, from the Department of Defense Education Benefits Fund
established under section 2006 of title 10;
(B) in the case of any individual described in section 3018A(a)(3),
3018B(a)(1)(C), or 3018B(a)(2)(C) of this title, from funds
appropriated, or otherwise available, to the Department of Veterans
Affairs for the payment of readjustment benefits; and
(C) in the case of the increase in payments made under section
3015(e) /1/ of this title, from the Post-Vietnam Era Veterans Education
Account established pursuant to section 3222(a) of this title.
(c) Payments for educational assistance provided under subchapter III
of this chapter shall be made from the Department of Defense Education
Benefits Fund established under section 2006 of title 10 or from
appropriations made to the Department of Transportation, as appropriate.
(d) Funds for the payment by the Secretary of benefits under this
chapter that are to be paid from the Department of Defense Education
Benefits Fund shall be transferred to the Department of Veterans Affairs
from such Fund as necessary and in accordance with agreements entered
into under section 2006 of title 10 by the Secretary, the Secretary of
Defense, and the Secretary of the Treasury. Funds for the payment by
the Secretary of benefits under this chapter that are to be paid from
appropriations made to the Department of Transportation shall be
transferred to the Department of Veterans Affairs as necessary. The
Secretary and the Secretary of Transportation shall enter into an
agreement for the manner in which such transfers are to be made.
(e) Payments for tutorial assistance benefits under section 3019 of
this title shall be made --
(1) in the case of the first $600 of such benefits paid to an
individual, from funds appropriated, or otherwise available, to the
Department of Veterans Affairs for the payment of readjustment benefits;
and
(2) in the case of payments to an individual for such benefits in
excess of $600, from --
(A) funds appropriated, or otherwise available, to the Department of
Veterans Affairs for the payment of readjustment benefits;
(B) the Department of Defense Education Benefits Fund established
under section 2006 of title 10; and
(C) funds appropriated to the Department of Transportation,
in the same proportion as the Fund described in subclause (B) of this
clause and the funds described in subclause (A) or (C) of this clause
are used to pay the educational assistance allowance to the individual
under this chapter.
(Added Pub. L. 98-525, title VII, 702(a)(1), Oct. 19, 1984, 98 Stat.
2562, 1435; amended Pub. L. 99-576, title III, 321(8), Oct. 28,
1986, 100 Stat. 3278; Pub. L. 100-689, title I, 107(a)(2), Nov. 18,
1988, 102 Stat. 4168; Pub. L. 101-237, title IV, 423(b)(1), Dec. 18,
1989, 103 Stat. 2092; Pub. L. 101-510, div. A, title V, 561(b)(3),
Nov. 5, 1990, 104 Stat. 1573; renumbered 3035 and amended Pub. L.
102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-484,
div. D, title XLIV, 4404(b)(3), Oct. 23, 1992, 106 Stat. 2706.)
Section 3015(c) and (e) of this title, referred to in subsec.
(b)(2), (3)(C), was redesignated section 3015(d) and (f), respectively,
by Pub. L. 102-568, title III, 307(a)(1), Oct. 29, 1992, 106 Stat.
4328.
1992 -- Subsec. (b)(3). Pub. L. 102-484 inserted ''or 3018B'' in
introductory provisions and '', 3018B(a)(1)(C), or 3018B(a)(2)(C)'' in
subpar. (B).
1991 -- Pub. L. 102-83, 5(a), renumbered section 1435 of this title
as this section.
Subsec. (b)(2). Pub. L. 102-83, 5(c)(1), substituted ''3015(c)'' for
''1415(c)'' and ''3015'' for ''1415''.
Subsec. (b)(3). Pub. L. 102-83, 5(c)(1), substituted ''3018A'' for
''1418A'' in introductory provisions, ''3018A(a)(3)'' for
''1418A(a)(3)'' in subpar. (B), and ''3015(e)'' for ''1415(e)'' and
''3222(a)'' for ''1622(a)'' in subpar. (C).
Subsec. (e). Pub. L. 102-83, 5(c)(1), substituted ''3019'' for
''1419'' in introductory provisions.
1990 -- Subsec. (b)(1). Pub. L. 101-510, 561(b)(3)(A), substituted
''paragraphs (2) and (3)'' for ''paragraph (2)''.
Subsec. (b)(3). Pub. L. 101-510, 561(b)(3)(B), added par. (3).
1989 -- Subsecs. (a), (b)(1), (d), (e)(1), (2)(A). Pub. L. 101-237
substituted ''Secretary'' and ''Department of Veterans Affairs'' for
''Administrator'' and ''Veterans' Administration'', respectively,
wherever appearing.
1988 -- Subsec. (e). Pub. L. 100-689 added subsec. (e).
1986 -- Subsec. (b)(2). Pub. L. 99-576 substituted ''subsection (a)
or (b) of section 1415'' for ''section 1415(a)''.
/1/ See References in Text note below.
38 USC 3036. Reporting requirement
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary of Defense and the Secretary shall submit to the
Congress at least once every two years separate reports on the operation
of the program provided for in this chapter.
(b) The Secretary of Defense shall include in each report submitted
under this section --
(1) information indicating (A) the extent to which the benefit levels
provided under this chapter are adequate to achieve the purposes of
inducing individuals to enter and remain in the Armed Forces and of
providing an adequate level of financial assistance to help meet the
cost of pursuing a program of education, and (B) whether it is necessary
for the purposes of maintaining adequate levels of well-qualified
active-duty personnel in the Armed Forces to continue to offer the
opportunity for educational assistance under this chapter to individuals
who have not yet entered active-duty service; and
(2) such recommendations for administrative and legislative changes
regarding the provision of educational assistance to members of the
Armed Forces and veterans, and their dependents, as the Secretary of
Defense considers appropriate.
(c) The Secretary shall include in each report submitted under this
section --
(1) information concerning the level of utilization of educational
assistance and of expenditures under this chapter; and
(2) such recommendations for administrative and legislative changes
regarding the provision of educational assistance to members of the
Armed Forces and veterans, and their dependents, as the Secretary
considers appropriate.
(d)(1) The first report by the Secretary of Defense under this
section shall be submitted not later than January 1, 1986.
(2) The first report by the Secretary under this section shall be
submitted not later than January 1, 1988.
(Added Pub. L. 98-525, title VII, 702(a)(1), Oct. 19, 1984, 98 Stat.
2563, 1436; amended Pub. L. 101-237, title IV, 423(b)(1)(A), (4)(D),
Dec. 18, 1989, 103 Stat. 2092; renumbered 3036, Pub. L. 102-83,
5(a), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 1436 of this title as this
section.
1989 -- Subsec. (a). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary shall'' for ''Administrator shall''.
Subsec. (b). Pub. L. 101-237, 423(b)(4)(D), inserted ''of Defense''
after ''Secretary'' in introductory provisions and par. (2).
Subsecs. (c), (d)(2). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary'' for ''Administrator'' wherever appearing.
38 USC CHAPTER 31 -- TRAINING AND REHABILITATION FOR VETERANS WITH
SERVICE-CONNECTED DISABILITIES
TITLE 38 -- VETERANS' BENEFITS
Sec.
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.
1991 -- Pub. L. 102-83, 5(b)(1), Aug. 6, 1991, 105 Stat. 406,
renumbered items 1500 to 1521 as 3100 to 3121, respectively.
1986 -- Pub. L. 99-576, title III, 333(b)(7), Oct. 28, 1986, 100
Stat. 3279, substituted ''Program'' for ''Pilot program'' in item 1520.
1980 -- Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2171, amended chapter generally, substituting in chapter heading
''TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED
DISABILITIES'' for ''VOCATIONAL REHABILITATION'', in item 1504 ''Scope
of services and assistance'' for ''Subsistence allowances'', in item
1505 ''Duration of rehabilitation programs'' for ''Leaves of absence'',
in item 1506 ''Initial and extended evaluations; determinations
regarding serious employment handicap'' for ''Medical care of
trainees'', in item 1507 ''Individualized vocational rehabilitation
plan'' for ''Loans to trainees'', in item 1508 ''Allowances'' for
''Regulations to promote good conduct'', in item 1509 ''Entitlement to
independent living services and assistance'' for ''Books, supplies, and
equipment'', in item 1510 ''Leaves of absence'' for ''Vocational
rehabilitation for hospitalized persons'', in item 1511 ''Regulations to
promote satisfactory conduct and cooperation'' for ''Training and
training facilities'', and adding items 1500 and 1512 to 1521.
1965 -- Pub. L. 89-138, 2(1), Aug. 26, 1965, 79 Stat. 578, struck
out item 1502A, added item 1503, and redesignated former item 1503 as
1511.
1962 -- Pub. L. 87-591, 2, Aug. 16, 1962, 76 Stat. 394, added
item 1502A.
section 1087vv; title 26 sections 51, 135, 6334;
title 29 section 1721.
38 USC 3100. Purposes
TITLE 38 -- VETERANS' BENEFITS
The purposes of this chapter are to provide for all services and
assistance necessary to enable veterans with service-connected
disabilities to achieve maximum independence in daily living and, to the
maximum extent feasible, to become employable and to obtain and maintain
suitable employment.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2172, 1500; renumbered 3100, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105
Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 1500 of this title as this
section.
Section 802(a)(1)-(5) of Pub. L. 96-466 provided that:
''(a)(1) Except as provided in paragraph (2), the amendments made by
subsections (a) and (b) of section 101 (enacting this chapter) shall
become effective on April 1, 1981.
''(2) The provisions of sections 1508, 1512, 1516, 1518, 1519, 1520,
and 1521 (now 3108, 3112, 3116, 3118, 3119, 3120, and 3121) of title 38,
United States Code, as added by section 101(a), shall become effective
on October 1, 1980.
''(3) Notwithstanding paragraph (2), the provisions of chapter 31 of
title 38, United States Code, as in effect on the day before the date of
the enactment of this Act (Oct. 17, 1980) (other than section 1504,
relating to subsistence allowances, and section 1507, relating to loans
(former sections 1504 and 1507 of this title, respectively)), shall
continue in effect until March 31, 1981.
''(4) Effective on October 1, 1980, sections 1504 and 1507 (former
sections 1504 and 1507 of this title) are repealed. During the period
beginning on October 1, 1980, and ending on March 31, 1981, the
provisions of sections 1508 and 1512 (now 3108 and 3112) of title 38,
United States Code, as added by section 101(a), shall apply to veterans
pursuing a program of vocational rehabilitation training under chapter
31 of such title in the same manner as sections 1504 and 1507 of such
title, respectively, applied to veterans pursuing a program of
vocational rehabilitation training under such chapter on September 30,
1980.
''(5) Subsection (c) of section 101 (enacting provisions set out as a
note under section 3108 of this title) shall become effective on October
1, 1980. Subsection (d) of such section (enacting provisions set out as
a note under section 3107 of this title) shall become effective on the
date of the enactment of this Act (Oct. 17, 1980).''
38 USC 3101. Definitions
TITLE 38 -- VETERANS' BENEFITS
For the purposes of this chapter --
(1) The term ''employment handicap'' means an impairment of a
veteran's ability to prepare for, obtain, or retain employment
consistent with such veteran's abilities, aptitudes, and interests.
(2) The term ''independence in daily living'' means the ability of a
veteran, without the services of others or with a reduced level of the
services of others, to live and function within such veteran's family
and community.
(3) The term ''program of education'' has the meaning provided in
section 3452(b) of this title.
(4) The term ''program of independent living services and
assistance'' includes (A) the services provided for in this chapter that
are needed to enable a veteran to achieve independence in daily living,
including such counseling, diagnostic, medical, social, psychological,
and educational services as are determined by the Secretary to be needed
for such veteran to achieve maximum independence in daily living, and
(B) the assistance authorized by this chapter for such veteran.
(5) The term ''rehabilitated to the point of employability'' means
rendered employable in an occupation for which a vocational
rehabilitation program has been provided under this chapter.
(6) The term ''rehabilitation program'' means (A) a vocational
rehabilitation program, or (B) a program of independent living services
and assistance for a veteran for whom a vocational goal has been
determined not to be currently reasonably feasible.
(7) The term ''serious employment handicap'' means a significant
impairment of a veteran's ability to prepare for, obtain, or retain
employment consistent with such veteran's abilities, aptitudes, and
interests.
(8) The term ''vocational goal'' means a gainful employment status
consistent with a veteran's abilities, aptitudes, and interests.
(9) The term ''vocational rehabilitation program'' includes --
(A) the services provided for in this chapter that are needed for the
accomplishment of the purposes of this chapter, including such
counseling, diagnostic, medical, social, psychological, independent
living, economic, educational, vocational, and employment services as
are determined by the Secretary to be needed --
(i) in the case of a veteran for whom the achievement of a vocational
goal has not been determined not to be currently reasonably feasible,
(I) to determine whether a vocational goal is reasonably feasible, (II)
to improve such veteran's potential to participate in a program of
services designed to achieve a vocational goal, and (III) to enable such
veteran to achieve maximum independence in daily living, and
(ii) in the case of a veteran for whom the achievement of a
vocational goal is determined to be reasonably feasible, to enable such
veteran to become, to the maximum extent feasible, employable and to
obtain and maintain suitable employment, and
(B) the assistance authorized by this chapter for a veteran receiving
any of the services described in clause (A) of this paragraph.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2172, 1501; amended Pub. L. 99-576, title III, 333(b)(1), Oct. 28,
1986, 100 Stat. 3279; Pub. L. 101-237, title IV, 423(b)(1)(A), Dec.
18, 1989, 103 Stat. 2092; renumbered 3101 and amended Pub. L. 102-83,
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
Prior section 3101 was renumbered section 5301 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1501 of this title
as this section.
Par. (3). Pub. L. 102-83, 5(c)(1), substituted ''3452(b)'' for
''1652(b)''.
1989 -- Pars. (4), (9)(A). Pub. L. 101-237 substituted
''Secretary'' for ''Administrator''.
1986 -- Pars. (6)(B), (9)(A)(i). Pub. L. 99-576 inserted
''currently'' after ''be''.
Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.
96-466, as amended, set out as a note under section 3100 of this title.
38 USC 3102. Basic entitlement
TITLE 38 -- VETERANS' BENEFITS
A person shall be entitled to a rehabilitation program under the
terms and conditions of this chapter if --
(1) the person --
(A) is --
(i) a veteran who has a service-connected disability which is, or but
for the receipt of retired pay would be, compensable at a rate of 20
percent or more under chapter 11 of this title and which was incurred or
aggravated in service on or after September 16, 1940; or
(ii) hospitalized or receiving outpatient medical care, services, or
treatment for a service-connected disability pending discharge from the
active military, naval, or air service, and the Secretary determines
that --
(I) the hospital (or other medical facility) providing the
hospitalization, care, services, or treatment is doing so under contract
or agreement with the Secretary concerned, or is under the jurisdiction
of the Secretary of Veterans Affairs or the Secretary concerned; and
(II) the person is suffering from a disability which will likely be
compensable at a rate of 20 percent or more under chapter 11 of this
title; and
(B) is determined by the Secretary to be in need of rehabilitation
because of an employment handicap; or
(2) the person is a veteran who --
(A) has a service-connected disability which is, or but for the
receipt of retired pay would be, compensable at a rate of 10 percent
under chapter 11 of this title and which was incurred or aggravated in
service on or after September 16, 1940; and
(B) has a serious employment handicap.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2173, 1502; amended Pub. L. 101-237, title IV, 423(b)(1)(A), Dec.
18, 1989, 103 Stat. 2092; Pub. L. 101-508, title VIII, 8021(a), Nov.
5, 1990, 104 Stat. 1388-347; Pub. L. 102-16, 3(a), Mar. 22, 1991, 105
Stat. 49; renumbered 3102, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105
Stat. 406; Pub. L. 102-568, title IV, 404(a), Oct. 29, 1992, 106 Stat.
4338.)
Prior section 3102 was renumbered section 5302 of this title.
1992 -- Pub. L. 102-568 amended section generally, making changes in
substance and structure.
1991 -- Pub. L. 102-83 renumbered section 1502 of this title as this
section.
Par. (1)(B). Pub. L. 102-16 substituted ''or receiving outpatient
medical care, services, or treatment for a service-connected disability
pending discharge from the active military, naval, or air service, and
the Secretary determines that (i) the hospital (or other medical
facility) providing the hospitalization, care, services, or treatment
either is doing so under contract or agreement with the Secretary
concerned or is under the jurisdiction of the Secretary of Veterans
Affairs or the Secretary concerned, and (ii) the person is suffering
from a disability which'' for ''for a service-connected disability in a
hospital over which the Secretary concerned has jurisdiction pending
discharge or release from active military, naval, or air service and is
suffering from a disability which the Secretary determines''.
1990 -- Par. (1). Pub. L. 101-508 substituted ''compensable at a
rate of 20 percent or more'' for ''compensable'' in cls. (A) and (B).
1989 -- Pub. L. 101-237 substituted ''Secretary determines'' for
''Administrator determines'' in par. (1)(B) and ''Secretary'' for
''Administrator'' in par. (2).
Section 404(b) of Pub. L. 102-568 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect on
October 1, 1993.''
Section 8021(b) of Pub. L. 101-508 provided that: ''The amendments
made by this section (amending this section) shall apply to veterans and
other persons originally applying for assistance under chapter 31 of
title 38, United States Code, on or after November 1, 1990.''
Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.
96-466, set out as a note under section 3100 of this title.
38 USC 3103. Periods of eligibility
TITLE 38 -- VETERANS' BENEFITS
(a) Except as provided in subsection (b), (c), or (d) of this
section, a rehabilitation program may not be afforded to a veteran under
this chapter after the end of the twelve-year period beginning on the
date of such veteran's discharge or release from active military, naval,
or air service.
(b)(1) In any case in which the Secretary determines that a veteran
has been prevented from participating in a vocational rehabilitation
program under this chapter within the period of eligibility prescribed
in subsection (a) of this section because a medical condition of such
veteran made it infeasible for such veteran to participate in such a
program, the twelve-year period of eligibility shall not run during the
period of time that such veteran was so prevented from participating in
such a program, and such period of eligibility shall again begin to run
on the first day following such veteran's recovery from such condition
on which it is reasonably feasible, as determined under regulations
which the Secretary shall prescribe, for such veteran to participate in
such a program.
(2) In any case in which the Secretary determines that a veteran has
been prevented from participating in a vocational rehabilitation program
under this chapter within the period of eligibility prescribed in
subsection (a) of this section because --
(A) such veteran had not met the requirement of a discharge or
release from active military, naval, or air service under conditions
other than dishonorable before (i) the nature of such discharge or
release was changed by appropriate authority, or (ii) the Secretary
determined, under regulations prescribed by the Secretary, that such
discharge or release was under conditions other than dishonorable, or
(B) such veteran's discharge or dismissal was, under section 5303 of
this title, a bar to benefits under this title before the Secretary made
a determination that such discharge or dismissal is not a bar to such
benefits,
the twelve-year period of eligibility shall not run during the period
of time that such veteran was so prevented from participating in such a
program.
(3) In any case in which the Secretary determines that a veteran has
been prevented from participating in a vocational rehabilitation program
under this chapter within the period of eligibility prescribed in
subsection (a) of this section because such veteran had not established
the existence of a service-connected disability described in section
3102(1)(A) /1/ of this title, the twelve-year period of eligibility
shall not run during the period such veteran was so prevented from
participating in such a program.
(c) In any case in which the Secretary determines that a veteran is
in need of services to overcome a serious employment handicap, such
veteran may be afforded a vocational rehabilitation program after the
expiration of the period of eligibility otherwise applicable to such
veteran if the Secretary also determines, on the basis of such veteran's
particular employment handicap and need for such services, that an
extension of the applicable period of eligibility is necessary for such
veteran and --
(1) that such veteran had not previously been rehabilitated to the
point of employability;
(2) that such veteran had previously been rehabilitated to the point
of employability but (A) the need for such services had arisen out of a
worsening of such veteran's service-connected disability that precludes
such veteran from performing the duties of the occupation for which such
veteran was previously trained in a vocational rehabilitation program
under this chapter, or (B) the occupation for which such veteran had
been so trained is not suitable in view of such veteran's employment
handicap and capabilities; or
(3) under regulations which the Secretary shall prescribe, that an
extension of the period of eligibility of such veteran is necessary to
accomplish the purposes of a rehabilitation program for such veteran.
(d) In any case in which the Secretary has determined that a
veteran's disability or disabilities are so severe that the achievement
of a vocational goal currently is not reasonably feasible, such veteran
may be afforded a program of independent living services and assistance
under this chapter after the expiration of the period of eligibility
otherwise applicable to such veteran if the Secretary also determines
that an extension of the period of eligibility of such veteran is
necessary for such veteran to achieve maximum independence in daily
living.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2173, 1503; amended Pub. L. 99-576, title III, 333(b)(2), Oct. 28,
1986, 100 Stat. 3279; Pub. L. 101-237, title IV, 423(b)(1)(A), Dec.
18, 1989, 103 Stat. 2092; Pub. L. 102-40, title IV, 402(d)(1), May 7,
1991, 105 Stat. 239; renumbered 3103 and amended, Pub. L. 102-83,
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
Section 3102 of this title, referred to in subsec. (b)(3), was
amended generally by Pub. L. 102-568, title IV, 404(a), Oct. 29,
1992, 106 Stat. 4338, and, as so amended, the provisions formerly
contained in par. (1)(A) are now contained in par. (1)(A)(i).
Prior section 3103 was renumbered section 5303 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1503 of this title
as this section.
Subsec. (b)(2)(B). Pub. L. 102-40 substituted ''5303'' for ''3103''.
Subsec. (b)(3). Pub. L. 102-83, 5(c)(1), substituted ''3102(1)(A)''
for ''1502(1)(A)''.
1989 -- Subsecs. (b) to (d). Pub. L. 101-237 substituted
''Secretary'' for ''Administrator'' wherever appearing.
1986 -- Subsec. (d). Pub. L. 99-576 inserted ''currently'' after
''goal''.
Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.
96-466, set out as a note under section 3100 of this title.
/1/ See References in Text note below.
38 USC 3104. Scope of services and assistance
TITLE 38 -- VETERANS' BENEFITS
(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 such veteran's disability or
disabilities cause a serious employment handicap and whether a
vocational goal is 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.
(4) A work-study allowance as authorized by section 3485 of this
title.
(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 (i) 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 program in the individual
case, and (ii) job-readiness skills development and counseling under
section 14(a)(2) of the Veterans' Job Training Act (29 U.S.C. 1721 note)
for a participant in a program of training under such Act.
(B) Payment for the services and assistance provided under
subparagraph (A) of this paragraph shall be made from funds available
for the payment of readjustment benefits.
(8) Loans as authorized by section 3112 of this title.
(9) Treatment, care, and services described in chapter 17 of this
title.
(10) Prosthetic appliances, eyeglasses, and other corrective and
assistive devices.
(11) Services to a veteran's family as necessary for the effective
rehabilitation of such veteran.
(12) For the most severely disabled veterans requiring homebound
training or self-employment, or both homebound training and
self-employment, such license fees and essential equipment, supplies,
and minimum stocks of materials as the Secretary determines to be
necessary for such a veteran to begin employment and are within the
criteria and cost limitations that the Secretary shall prescribe in
regulations for the furnishing of such fees, equipment, supplies, and
stocks.
(13) Travel and incidental expenses under the terms and conditions
set forth in section 111 of this title, plus, in the case of a veteran
who because of such veteran's disability has transportation expenses in
addition to those incurred by persons not so disabled, a special
transportation allowance to defray such additional expenses during
rehabilitation, job seeking, and the initial employment stage.
(14) Special services (including services related to blindness and
deafness) including --
(A) language training, speech and voice correction, training in
ambulation, and one-hand typewriting;
(B) orientation, adjustment, mobility, reader, interpreter, and
related services; and
(C) telecommunications, sensory, and other technical aids and
devices.
(15) Services necessary to enable a veteran to achieve maximum
independence in daily living.
(16) Other incidental goods and services determined by the Secretary
to be necessary to accomplish the purposes of a rehabilitation program
in an individual case.
(b) A program of independent living services and assistance may
include the types of services and assistance described in section 702
/1/ of the Rehabilitation Act of 1973 (29 U.S.C. 796a).
(c) A rehabilitation program (including individual courses) to be
pursued by a veteran shall be subject to the approval of the Secretary.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2174, 1504; amended Pub. L. 100-323, 11(a)(3)(A), May 20, 1988, 102
Stat. 568; Pub. L. 101-237, title IV, 423(b)(1)(A), Dec. 18, 1989, 103
Stat. 2092; Pub. L. 102-16, 3(b)(1), Mar. 22, 1991, 105 Stat. 49;
Pub. L. 102-54, 14(c)(3), June 13, 1991, 105 Stat. 285; renumbered
3104 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
406.)
The Veterans' Job Training Act, referred to in subsec.
(a)(7)(A)(ii), is Pub. L. 98-77, Aug. 15, 1983, 97 Stat. 443, as
amended, which is set out as a note under section 1721 of Title 29,
Labor. For complete classification of this Act to the Code, see Tables.
Section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a),
referred to in subsec. (b), was repealed, and a new section 702 added
by Pub. L. 102-569, title VII, 701(1), (2), Oct. 29, 1992, 106 Stat.
4443, which is classified to section 796a of Title 29, no longer
contains provisions describing types of independent living services.
Prior section 3104 was renumbered section 5304 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1504 of this title
as this section.
Subsec. (a)(3). Pub. L. 102-83, 5(c)(1), substituted ''3108'' for
''1508''.
Subsec. (a)(4). Pub. L. 102-83, 5(c)(1), substituted ''3485'' for
''1685''.
Subsec. (a)(7). Pub. L. 102-16 designated existing provisions as
subpar. (A), redesignated former cls. (A) and (B) as cls. (i) and
(ii), respectively, substituted ''handling charges, licensing'' for
''and licensing'', and added subpar. (B).
Subsec. (a)(8). Pub. L. 102-83, 5(c)(1), substituted ''3112'' for
''1512''.
Subsec. (b). Pub. L. 102-54 substituted ''(29 U.S.C. 796a)'' for
''(29 U.S.C. 796)''.
1989 -- Subsecs. (a), (c). Pub. L. 101-237 substituted
''Secretary'' for ''Administrator'' wherever appearing.
1988 -- Subsec. (a)(7). Pub. L. 100-323 designated existing
provisions as subpar. (A) and added subpar. (B).
Section 3(b)(2) of Pub. L. 102-16 provided that: ''The amendments
made by this subsection (amending this section) shall apply only to
payments made on or after the date of the enactment of this Act (Mar.
22, 1991).''
Section 16 of Pub. L. 100-323 provided that:
''(a) In General. -- Except as provided in subsection (b), the
provisions of and amendments made by this Act (see Tables for
classification) shall take effect on the date of the enactment of this
Act (May 20, 1988).
''(b) Exceptions. -- (1) The following provisions of or amendments
made by this Act shall take effect for all of fiscal year 1988 and
subsequent fiscal years:
''(A) Clause (5) of subsection (b) of section 2002A (now 4102A) of
title 38, United States Code, as added by section 2(a)(2) of this Act.
''(B) Subsection (a) of section 2003A (now 4103A) of such title, as
amended by section 2(e)(1)(A) of this Act.
''(C) Paragraphs (1), (2), and (3) of section 2004(a) (now 4104(a))
of such title, as amended by section 3(a) of this Act.
''(D) Paragraphs (2) through (5) of section 1774(a) (now 3674(a)) of
such title, as added by section 13(a)(1) of this Act.
''(2) The provisions of and amendments made by sections 4 through 11
(see Tables for classification) shall take effect on the 60th day after
the date of the enactment of this Act (May 20, 1988).''
Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.
96-466, set out as a note under section 3100 of this title.
During the period beginning on Oct. 1, 1980, and ending on Mar. 31,
1981, the provisions of section 3108 (formerly 1508) of this title, as
added by Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2178, shall apply to veterans pursuing a program of vocational
rehabilitation training under this chapter in the same manner as former
section 1504 of this title applied to veterans pursuing such a program
under this chapter on Sept. 30, 1980. See section 802(a)(4) of Pub.
L. 96-466, set out as an Effective Date note under section 3100 of this
title.
/1/ See References in Text note below.
38 USC 3105. Duration of rehabilitation programs
TITLE 38 -- VETERANS' BENEFITS
(a) In any case in which the Secretary is unable to determine whether
it currently is reasonably feasible for a veteran to achieve a
vocational goal, the period of extended evaluation under section 3106(c)
of this title may not exceed twelve months, except that such period may
be extended for additional periods of up to six months each if the
Secretary determines before granting any such extension that it is
reasonably likely that, during the period of any such extension, a
determination can be made whether the achievement of a vocational goal
is reasonably feasible in the case of such veteran.
(b) Except as provided in subsection (c) of this section, the period
of a vocational rehabilitation program for a veteran under this chapter
following a determination of the current reasonable feasibility of
achieving a vocational goal may not exceed forty-eight months, except
that the counseling and placement and postplacement services described
in section 3104(a)(2) and (5) of this title may be provided for an
additional period not to exceed eighteen months in any case in which the
Secretary determines the provision of such counseling and services to be
necessary to accomplish the purposes of a rehabilitation program in the
individual case.
(c) The Secretary may extend the period of a vocational
rehabilitation program for a veteran to the extent that the Secretary
determines that an extension of such period is necessary to enable such
veteran to achieve a vocational goal if the Secretary also determines --
(1) that such veteran had previously been rehabilitated to the point
of employability but (A) such veteran's need for further vocational
rehabilitation has arisen out of a worsening of such veteran's
service-connected disability that precludes such veteran from performing
the duties of the occupation for which such veteran had been so
rehabilitated, or (B) the occupation for which such veteran had been so
rehabilitated is not suitable in view of such veteran's employment
handicap and capabilities; or
(2) under regulations which the Secretary shall prescribe, that such
veteran has a serious employment handicap and that an extension of such
period is necessary to accomplish the purposes of a rehabilitation
program for such veteran.
(d) Unless the Secretary determines that a longer period is necessary
and likely to result in a substantial increase in a veteran's level of
independence in daily living, the period of a program of independent
living services and assistance for a veteran under this chapter
(following a determination by the Secretary that such veteran's
disability or disabilities are so severe that the achievement of a
vocational goal currently is not reasonably feasible) may not exceed
twenty-four months.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2176, 1505; amended Pub. L. 99-576, title III, 333(b)(3), Oct. 28,
1986, 100 Stat. 3279; Pub. L. 101-237, title IV, 423(b)(1)(A), Dec.
18, 1989, 103 Stat. 2092; renumbered 3105 and amended Pub. L. 102-83,
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
Prior section 3105 was renumbered section 5305 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1505 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''3106(c)'' for
''1506(c)''.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''3104(a)(2)'' for
''1504(a)(2)''.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator'' wherever appearing.
1986 -- Subsec. (a). Pub. L. 99-576, 333(b)(3)(A), inserted
''currently'' after ''it''.
Subsec. (b). Pub. L. 99-576, 333(b)(3)(B), inserted ''current''
after ''of the''.
Subsec. (d). Pub. L. 99-576, 333(b)(3)(C), inserted ''currently''
after ''goal''.
Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.
96-466, set out as a note under section 3100 of this title.
38 USC 3106. Initial and extended evaluations; determinations
regarding serious employment handicap
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall provide any veteran who has a
service-connected disability described in section 3102(1)(A) or (B) /1/
of this title and who applies for benefits under this chapter with an
initial evaluation consisting of such services described in section
3104(a)(1) of this title as are necessary (1) to determine whether such
veteran is entitled to and eligible for benefits under this chapter, and
(2) in the case of a veteran who is determined to be entitled to and
eligible for such benefits, to determine --
(A) whether such veteran has a serious employment handicap, and
(B) whether the achievement of a vocational goal currently is
reasonably feasible for such veteran if it is reasonably feasible to
make such determination without extended evaluation.
(b) In any case in which the Secretary has determined that a veteran
has a serious employment handicap and that the achievement of a
vocational goal currently is reasonably feasible for such veteran, such
veteran shall be provided counseling in accordance with an
individualized written plan of vocational rehabilitation developed under
section 3107(a) of this title.
(c) In any case in which the Secretary has determined that a veteran
has a serious employment handicap but the Secretary is unable to
determine, in an initial evaluation pursuant to subsection (a) of this
section, whether or not the achievement of a vocational goal currently
is reasonably feasible, such veteran shall be provided with extended
evaluation consisting of the services described in section 3104(a)(1) of
this title, such services under this chapter as the Secretary determines
necessary to improve such veteran's potential for participation in a
program of services designed to achieve a vocational goal and enable
such veteran to achieve maximum independence in daily living, and
assistance as authorized by section 3108 of this title.
(d) The Secretary shall in all cases determine as expeditiously as
possible whether the achievement of a vocational goal by a veteran
currently is reasonably feasible. In the case of a veteran provided
extended evaluation under subsection (c) of this section (including any
periods of extensions under section 3105(a) of this title), the
Secretary shall make such determination not later than the end of such
extended evaluation or period of extension, as the case may be. In
determining whether the achievement of a vocational goal currently is
reasonably feasible, the Secretary shall resolve any reasonable doubt in
favor of determining that such achievement currently is reasonably
feasible.
(e) In connection with each period of extended evaluation of a
veteran and each rehabilitation program for a veteran who is determined
to have a serious employment handicap, the Secretary shall assign a
Department of Veterans Affairs employee to be responsible for the
management and followup of the provision of all services (including
appropriate coordination of employment assistance under section 3117 of
this title) and assistance under this chapter to such veteran.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2176, 1506; amended Pub. L. 99-576, title III, 333(b)(4), Oct. 28,
1986, 100 Stat. 3279; Pub. L. 101-237, title IV, 423(b)(1), Dec. 18,
1989, 103 Stat. 2092; renumbered 3106 and amended Pub. L. 102-83,
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
Section 3102 of this title, referred to in subsec. (a), was amended
generally by Pub. L. 102-568, title IV, 404(a), Oct. 29, 1992, 106
Stat. 4338, and, as so amended, the provisions formerly contained in
par. (1)(A) and (B) are now contained in par. (1)(A)(i) and (ii).
Prior section 3106 was renumbered section 5306 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1506 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''3102(1)(A)'' for
''1502(1)(A)'' and ''3104(a)(1)'' for ''1504(a)(1)'' in introductory
provisions.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''3107(a)'' for
''1507(a)''.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''3104(a)(1)'' for
''1504(a)(1)'' and ''3108'' for ''1508''.
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''3105(a)'' for
''1505(a)''.
Subsec. (e). Pub. L. 102-83, 5(c)(1), substituted ''3117'' for
''1517''.
1989 -- Pub. L. 101-237 substituted ''Secretary'' and ''Department
of Veterans Affairs'' for ''Administrator'' and ''Veterans'
Administration'', respectively, wherever appearing.
1986 -- Subsecs. (a)(2)(B), (b) to (d). Pub. L. 99-576 substituted
''currently is reasonably feasible'' for ''is reasonably feasible''
wherever appearing.
Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.
96-466, set out as a note under section 3100 of this title.
/1/ See References in Text note below.
38 USC 3107. Individualized vocational rehabilitation plan
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall formulate an individualized written plan of
vocational rehabilitation for a veteran described in section 3106(b) of
this title. Such plan shall be developed with such veteran and shall
include, but not be limited to (1) a statement of long-range
rehabilitation goals for such veteran and intermediate rehabilitation
objectives related to achieving such goals, (2) a statement of the
specific services (which shall include counseling in all cases) and
assistance to be provided under this chapter, (3) the projected date for
the initiation and the anticipated duration of each such service, and
(4) objective criteria and an evaluation procedure and schedule for
determining whether such objectives and goals are being achieved.
(b) The Secretary shall review at least annually the plan formulated
under subsection (a) of this section for a veteran and shall afford such
veteran the opportunity to participate in each such review. On the
basis of such review, the Secretary shall (1) redevelop such plan with
such veteran if the Secretary determines, under regulations which the
Secretary shall prescribe, that redevelopment of such plan is
appropriate, or (2) disapprove redevelopment of such plan if the
Secretary determines, under such regulations, that redevelopment of such
plan is not appropriate.
(c)(1) Each veteran for whom a plan has been developed or redeveloped
under subsection (a) or (b)(1), respectively, of this section or in
whose case redevelopment of a plan has been disapproved under subsection
(b)(2) of this section, shall be informed of such veteran's opportunity
for a review as provided in paragraph (2) of this subsection.
(2) In any case in which a veteran does not agree to such plan as
proposed, to such plan as redeveloped, or to the disapproval of
redevelopment of such plan, such veteran may submit to the person
described in section 3106(e) of this title a written statement
containing such veteran's objections and request a review of such plan
as proposed or redeveloped, or a review of the disapproval of
redevelopment of such plan, as the case may be.
(3) The Secretary shall review the statement submitted under
paragraph (2) of this subsection and the plan as proposed or as
redeveloped, and, if applicable, the disapproval of redevelopment of the
plan, and render a decision on such review not later than ninety days
after the date on which such veteran submits such statement, unless the
case is one for which a longer period for review, not to exceed 150 days
after such veteran submits such statement, is allowed under regulations
prescribed by the Secretary, in which case the Secretary shall render a
decision no later than the last day of the period prescribed in such
regulations.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2177, 1507; amended Pub. L. 101-237, title IV, 423(b)(1)(A), Dec.
18, 1989, 103 Stat. 2092; renumbered 3107 and amended Pub. L. 102-83,
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
Prior section 3107 was renumbered section 5307 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1507 of this title
as this section.
Subsecs. (a), (c)(2). Pub. L. 102-83, 5(c)(1), substituted
''3106(b)'' for ''1506(b)'' in subsec. (a) and ''3106(e)'' for
''1506(e)'' in subsec. (c)(2).
1989 -- Subsecs. (a), (b), (c)(3). Pub. L. 101-237 substituted
''Secretary'' for ''Administrator'' wherever appearing.
Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.
96-466, set out as a note under section 3100 of this title.
Section 101(d) of Pub. L. 96-466 provided that with respect to
veterans participating in a program of vocational rehabilitation under
this chapter on Mar. 31, 1981, individualized written plans of
vocational rehabilitation were to be formulated under this section as
determined by Administrator, and authorized extensions of periods of
vocational rehabilitation without regard to certain requirements for
determinations of serious employment handicaps.
During the period beginning on Oct. 1, 1980, and ending on Mar. 31,
1981, the provisions of section 3112 (formerly 1512) of this title, as
added by Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2181, shall apply to veterans pursuing a program of vocational
rehabilitation training under this chapter in the same manner as former
section 1507 of this title applied to veterans pursuing such a program
under this chapter on Sept. 30, 1980, see section 802(a)(4) of Pub. L.
96-466, set out as an Effective Date note under section 3100 of this
title.
38 USC 3108. Allowances
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Except in the case of a veteran who makes an election under
subsection (f) of this section and subject to the provisions of
paragraph (3) of this subsection, each veteran shall be paid a
subsistence allowance in accordance with this section during a period
determined by the Secretary to be a period of such veteran's
participation under this chapter in a rehabilitation program.
(2) In any case in which the Secretary determines, at the conclusion
of such veteran's pursuit of a vocational rehabilitation program under
this chapter, that such veteran has been rehabilitated to the point of
employability, such veteran shall be paid a subsistence allowance, as
prescribed in this section for full-time training for the type of
program that the veteran was pursuing, for two months following the
conclusion of such pursuit.
(3) A subsistence allowance may not be paid under this chapter to a
veteran for any period during which such veteran is being provided with
an initial evaluation under section 3106(a) of this title or during
which such veteran is being provided only with counseling or with
placement or postplacement services under section 3105(b) of this title.
(b)(1) Except as otherwise provided in this section, the Secretary
shall determine the subsistence allowance to be paid to a veteran under
this chapter in accordance with the following table, which shall be the
monthly amount shown in column II, III, IV, or V (whichever is
applicable as determined by the veteran's dependency status) opposite
the appropriate type of program being pursued as specified in column I:
(2) With respect to the fiscal year beginning on October 1, 1994, the
Secretary shall provide a percentage increase in the monthly rates
payable under paragraph (1) of this subsection equal to the percentage
by which the Consumer Price Index (all items, United States city average
published by the Bureau of Labor Statistics) for the 12-month period
ending June 30, 1994, exceeds such Consumer Price Index for the 12-month
period ending June 30, 1993.
(3) With respect to any fiscal year beginning on or after October 1,
1995, the Secretary shall continue to pay, in lieu of the rates payable
under paragraph (1) of this subsection, the monthly rates payable under
this subsection for the previous fiscal year and shall provide, for any
such fiscal year, a percentage increase in such rates equal to the
percentage by which --
(A) the Consumer Price Index (all items, United States city average)
for the 12-month period ending on June 30 preceding the beginning of the
fiscal year for which the increase is made, exceeds
(B) such Consumer Price Index for the 12-month period preceding the
12-month period described in subparagraph (A).
(c)(1) In any case in which the vocational rehabilitation program for
a veteran includes training on the job by an employer in any month, such
employer shall be required to submit to the Secretary a statement in
writing showing any wage, compensation, or other income paid (directly
or indirectly) by the employer to such veteran for such month. Based
upon such written statement, the Secretary is authorized to reduce the
subsistence allowance of such veteran to an amount considered equitable
and just in accordance with criteria which the Secretary shall establish
in regulations which the Secretary shall prescribe.
(2) A veteran pursuing on-job training or work experience as part of
a vocational rehabilitation program in a Federal, State, or local
government agency under the provisions of section 3115(a)(1) of this
title without pay or for nominal pay shall be paid the appropriate
subsistence allowance rate provided in subsection (b) of this section
for an institutional program.
(d)(1) The Secretary shall, in accordance with regulations which the
Secretary shall prescribe, define full-time and each part-time status
for veterans participating in rehabilitation programs under this
chapter.
(2) A veteran participating in extended evaluation on less than a
full-time basis may be paid a proportional subsistence allowance in
accordance with regulations which the Secretary shall prescribe.
(e) In any case in which a veteran is pursuing a rehabilitation
program on a residential basis in a specialized rehabilitation facility,
the Secretary may (1) pay to such facility the cost of such veteran's
room and board in lieu of payment to such veteran of the subsistence
allowance (not including any portion payable for any dependents) payable
under subsection (b) of this section, and (2) pay to such veteran that
portion of the allowance for dependents payable, as determined by such
veteran's dependency status, under subsection (b) of this section for a
full-time institutional program.
(f)(1)(A) In any case in which the Secretary determines that a
veteran is entitled to rehabilitation under this chapter, to the extent
that such veteran has remaining eligibility for and entitlement to
educational assistance benefits under chapter 30 or 34 of this title,
such veteran may elect, as part of a vocational rehabilitation program
under this chapter, to pursue an approved program of education and
receive allowances and other forms of assistance equivalent to those
authorized for veterans enrolled under either chapter 30 or chapter 34
of this title, if the Secretary approves the educational, professional,
or vocational objective chosen by such veteran for such program.
(B) In the event that such veteran makes such an election, the terms
and conditions applicable to the pursuit of a comparable program of
education and the payment of allowances and provision of assistance
under chapter 30 or 34 of this title for such a comparable program shall
be applied to the pursuit of the approved program of education under
this chapter.
(2) A veteran who is receiving an allowance pursuant to paragraph (1)
of this subsection may not receive any of the services or assistance
described in section 3104(a)(3), (7), and (8) of this title (other than
an allowance and other assistance under this subsection).
(g)(1) Notwithstanding any other provision of this title and subject
to the provisions of paragraph (2) of this subsection, no subsistence
allowance may be paid under this section in the case of any veteran who
is pursuing a rehabilitation program under this chapter while
incarcerated in a Federal, State, or local penal institution for
conviction of a felony.
(2) Paragraph (1) of this subsection shall not apply in the case of
any veteran who is pursuing a rehabilitation program under this chapter
while residing in a halfway house or participating in a work-release
program in connection with such veteran's conviction of a felony.
(h) Notwithstanding any other provision of this title, the amount of
subsistence allowance, or other allowance under subsection (f) of this
section, that may be paid to a veteran pursuing a rehabilitation program
for any month for which such veteran receives compensation at the rate
prescribed in section 1114(j) of this title as the result of hospital
treatment (not including post-hospital convalescence) or observation at
the expense of the Department of Veterans Affairs may not exceed, when
added to any compensation to which such veteran is entitled for such
month, an amount equal to the greater of --
(1) the sum of --
(A) the amount of monthly subsistence or other allowance that would
otherwise be paid to such veteran under this section, and
(B) the amount of monthly compensation that would be paid to such
veteran if such veteran were not receiving compensation at such rate as
the result of such hospital treatment or observation; or
(2) the amount of monthly compensation payable under section 1114(j)
of this title.
(i) Payment of a subsistence allowance may be made in advance in
accordance with the provisions of section 3680(d) of this title.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2178, 1508; amended Pub. L. 97-306, title II, 205(a), Oct. 14, 1982,
96 Stat. 1434; Pub. L. 98-525, title VII, 703(a), Oct. 19, 1984, 98
Stat. 2564; Pub. L. 98-543, title II, 201, Oct. 24, 1984, 98 Stat.
2740; Pub. L. 101-237, title IV, 402(a), 423(b)(1), Dec. 18, 1989,
103 Stat. 2078, 2092; Pub. L. 102-16, 3(c), Mar. 22, 1991, 105 Stat.
49; renumbered 3108 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 406; Pub. L. 102-568, title IV, 405(a), (b), Oct. 29,
1992, 106 Stat. 4338, 4339.)
Prior section 3108 was renumbered section 5308 of this title.
Provisions similar to those comprising this section were contained in
former section 1504 of this title prior to the general revision of this
chapter by Pub. L. 96-466.
1992 -- Subsec. (b). Pub. L. 102-568, 405(b), designated existing
provisions as par. (1) and added pars. (2) and (3).
Pub. L. 102-568, 405(a), increased the monthly rehabilitation
subsistence allowance for eligible veterans in column II from $333,
$250, $167, $291, $333, $333, $250, and $167 to $366, $275, $184, $320,
$366, $366, $275, and $184; in column III from $413, $310, $207, $352,
$413, $413, $310, and $207 to $454, $341, $228, $387, $454, $454, $341,
and $228; in column IV from $486, $364, $244, $405, $486, $486, $364,
and $244 to $535, $400, $268, $446, $535, $535,
1991 -- Pub. L. 102-83, 5(a), renumbered section 1508 of this title
as this section.
Subsec. (a)(3). Pub. L. 102-83, 5(c)(1), substituted ''3106(a)'' for
''1506(a)'' and ''3105(b)'' for ''1505(b)''.
Subsec. (c)(2). Pub. L. 102-83, 5(c)(1), substituted ''3115(a)(1)''
for ''1515(a)(1)''.
Pub. L. 102-16 inserted '', State, or local government'' after
''Federal''.
Subsec. (f)(2). Pub. L. 102-83, 5(c)(1), substituted ''3104(a)(3)''
for ''1504(a)(3)''.
Subsec. (h). Pub. L. 102-83, 5(c)(1), substituted ''1114(j)'' for
''314(j)'' in two places.
Subsec. (i). Pub. L. 102-83, 5(c)(1), substituted ''3680(d)'' for
''1780(d)''.
1989 -- Subsec. (a)(1), (2). Pub. L. 101-237, 423(b)(1)(A),
substituted ''Secretary'' for ''Administrator''.
Subsec. (b). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary'' for ''Administrator''.
Pub. L. 101-237, 402(a), increased the monthly rehabilitation
subsistence allowance for eligible veterans in column II from $310,
$233, $155, $271, $310, $310, $233, and $155 to $333, $250, $167, $291,
$333, $333, $250, and $167; in column III from $384, $288, $193, $327,
$384, $384, $288, and $193 to $413, $310, $207, $352, $413, $413, $310,
and $207; in column IV from $452, $339, $227, $377, $452, $452, $339,
and $227 to $486, $364, $244, $405, $486, $486, $364, and $244; in
column V from $33, $25, $17, $24, $33, $33, $25, and $17 to $35, $27,
$18, $26, $35, $35, $27, and $18, respectively.
Subsecs. (c)(1) to (f)(1)(A). Pub. L. 101-237, 423(b)(1)(A),
substituted ''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (h). Pub. L. 101-237, 423(b)(1)(B), substituted ''Department
of Veterans Affairs'' for ''Veterans' Administration''.
1984 -- Subsec. (b). Pub. L. 98-543 increased the monthly
rehabilitation subsistence allowance for eligible veterans in column II
from $282, $212, $141, $246, $282, $282, $212, and $141 to $310, $233,
$155, $271, $310, $310, $233, and $155; in column III from $349, $262,
$175, $297, $349, $349, $262, and $175 to $384, $288, $193, $323, $384,
$384, $288, and $193; in column IV from $411, $308, $206, $343, $411,
$411, $308, and $206 to $452, $339, $227, $377, $452, $452, $339, and
$227; in column V from $30, $23, $15, $22, $30, $30, $23, and $15 to
$33, $25, $17, $24, $33, $33, $25, and $17, respectively.
Subsec. (f)(1)(A), (B). Pub. L. 98-525 inserted references to
chapter 30 of this title.
1982 -- Subsec. (g)(2). Pub. L. 97-306 inserted ''not'' after
''shall'' and struck out ''if the Administrator determines that all the
veteran's living expenses are being defrayed by a Federal, State, or
local government'' at end.
Section 405(c) of Pub. L. 102-568 provided that: ''The amendments
made by subsections (a) and (b) (amending this section) shall take
effect on October 1, 1993.''
Section 402(b) of Pub. L. 101-237 provided that: ''The amendment
made by this section (amending this section) shall take effect on
January 1, 1990.''
Section 205 of Pub. L. 98-543 provided that: ''The amendments made
by this part (part A ( 201-205) of title II of Pub. L. 98-543, see
Tables for classification) shall take effect as of October 1, 1984.''
Rehabilitation Under This Chapter
Section effective Oct. 1, 1980, and during period beginning on Oct.
1, 1980, and ending on Mar. 31, 1981, the provisions of this section,
as added by Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2178, shall apply to veterans pursuing a program of vocational
rehabilitation training under this chapter in the same manner as former
section 1504 of this title applied to veterans pursuing such a program
under this chapter on Sept. 30, 1980, see section 802(a)(2), (4) of
Pub. L. 96-466, set out as an Effective Date note under section 3100 of
this title.
Section 101(c) of Pub. L. 96-466 provided that: ''The provisions of
section 1508(g)(1) (now 3108(g)(1)) of title 38, United States Code, as
added by subsection (a) shall not apply to an apportionment made under
section 3107(c) (now 5307(c)) of such title before the date of the
enactment of this Act (Oct. 17, 1980).''
38 USC 3109. Entitlement to independent living services and assistance
TITLE 38 -- VETERANS' BENEFITS
In any case in which the Secretary has determined under section
3106(d) of this title that the achievement of a vocational goal by a
veteran currently is not reasonably feasible, such veteran shall be
entitled, in accordance with the provisions of section 3120 of this
title, to a program of independent living services and assistance
designed to enable such veteran to achieve maximum independence in daily
living.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2181, 1509; amended Pub. L. 99-576, title III, 333(b)(5), Oct. 28,
1986, 100 Stat. 3279; Pub. L. 101-237, title IV, 423(b)(1)(A), Dec.
18, 1989, 103 Stat. 2092; renumbered 3109 and amended Pub. L. 102-83,
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
Prior section 3109 was renumbered section 5309 of this title.
1991 -- Pub. L. 102-83 renumbered section 1509 of this title as this
section and substituted ''3106(d)'' for ''1506(d)'' and ''3120'' for
''1520''.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator''.
1986 -- Pub. L. 99-576 inserted ''currently'' after first reference
to ''veteran''.
Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.
96-466, set out as a note under section 3100 of this title.
38 USC 3110. Leaves of absence
TITLE 38 -- VETERANS' BENEFITS
The Secretary shall prescribe such regulations as the Secretary
determines necessary for granting leaves of absence to veterans pursuing
rehabilitation programs under this chapter. During authorized leaves of
absence, a veteran shall be considered to be pursuing such program.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2181, 1510; amended Pub. L. 101-237, title IV, 423(b)(1)(A), Dec.
18, 1989, 103 Stat. 2092; renumbered 3110, Pub. L. 102-83, 5(a), Aug.
6, 1991, 105 Stat. 406.)
Prior section 3110 was renumbered section 5310 of this title.
Provisions similar to those comprising this section were contained in
former section 1505 of this title prior to the general revision of this
chapter by Pub. L. 96-466.
1991 -- Pub. L. 102-83 renumbered section 1510 of this title as this
section.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator'' wherever appearing.
Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.
96-466, set out as a note under section 3100 of this title.
38 USC 3111. Regulations to promote satisfactory conduct and
cooperation
TITLE 38 -- VETERANS' BENEFITS
The Secretary shall prescribe such rules and regulations as the
Secretary determines necessary to promote satisfactory conduct and
cooperation on the part of veterans who are pursuing rehabilitation
programs under this chapter. In any case in which the Secretary
determines that a veteran has failed to maintain satisfactory conduct or
cooperation, the Secretary may, after determining that all reasonable
counseling efforts have been made and are not reasonably likely to be
effective, discontinue services and assistance unless the Secretary
determines that mitigating circumstances exist. In any case in which
such services and assistance have been discontinued, the Secretary may
reinstitute such services and assistance only if the Secretary
determines that --
(1) the cause of the unsatisfactory conduct or cooperation of such
veteran has been removed; and
(2) the rehabilitation program which such veteran proposes to pursue
(whether the same or revised) is suitable to such veteran's abilities,
aptitudes, and interests.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2181, 1511; amended Pub. L. 101-237, title IV, 423(b)(1)(A), Dec.
18, 1989, 103 Stat. 2092; renumbered 3111, Pub. L. 102-83, 5(a), Aug.
6, 1991, 105 Stat. 406.)
Prior section 3111 was renumbered section 5311 of this title.
1991 -- Pub. L. 102-83 renumbered section 1511 of this title as this
section.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator'' wherever appearing.
Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.
96-466, set out as a note under section 3100 of this title.
38 USC 3112. Revolving fund loans
TITLE 38 -- VETERANS' BENEFITS
The revolving fund established pursuant to part VII of Veterans
Regulation Numbered 1(a) is continued in effect, and may be used by the
Secretary, under regulations prescribed by the Secretary, for making
advances, not in excess of twice the amount of the full-time
institutional monthly subsistence allowance for a veteran with no
dependents (as provided in section 3108(b) of this title) to veterans
pursuing rehabilitation programs under this chapter. Such advances, and
advances from such fund made before the effective date of the Veterans'
Rehabilitation and Education Amendments of 1980, shall bear no interest
and shall be repaid in such installments, as may be determined by the
Secretary, by proper deductions from future payments of compensation,
pension, subsistence allowance, educational assistance allowance, or
retirement pay.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2181, 1512; amended Pub. L. 101-237, title IV, 423(b)(1)(A), Dec.
18, 1989, 103 Stat. 2092; renumbered 3112 and amended Pub. L. 102-83,
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
The revolving fund established pursuant to part VII of Veterans
Regulation Numbered 1(a), referred to in text, means the vocational
rehabilitation revolving fund established by par. 8 of part VII of
Veterans Regulation Numbered 1(a), as added by act Mar. 24, 1943, ch.
22, 2, 57 Stat. 44, which was set out in chapter 12A of former Title
38, Pensions, Bonuses, and Veterans' Relief. The appropriation for such
fund made by act July 12, 1943, ch. 218, 1, 57 Stat. 434, was reduced
by act June 24, 1954, ch. 359, title I, 101(part), 68 Stat. 293, and
repealed by Pub. L. 85-857, 14(82), Sept. 2, 1958, 72 Stat. 1272.
Part VII of Veterans Regulation Numbered 1(a) was repealed by section
14(67) of Pub. L. 85-857, effective Jan. 1, 1959, which provided in
part, that repeal of part VII should not take effect in such manner as
to impair the operation of the deferred repeal of a portion of paragraph
9 of the part as provided in section 21 of the Government Employees
Training Act, Pub. L. 85-507, July 7, 1958, 72 Stat. 337. For
continuation of certain rights and benefits see section 12 of Pub. L.
85-857, set out as a note preceding part I of this title.
For effective date of the Veterans' Rehabilitation and Education
Amendments of 1980, referred to in text, see section 802 of Pub. L.
96-466, set out as an Effective Date note under section 3100 of this
title.
Prior section 3112 was renumbered section 5312 of this title.
Provisions similar to those comprising this section were contained in
former section 1507 of this title prior to the general revision of this
chapter by Pub. L. 96-466.
1991 -- Pub. L. 102-83 renumbered section 1512 of this title as this
section and substituted ''3108(b)'' for ''1508(b)''.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator'' wherever appearing.
Rehabilitation Under This Chapter
Section effective Oct. 1, 1980, and during period beginning on Oct.
1, 1980, and ending on Mar. 31, 1981, the provisions of this section,
as added by Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2181, shall apply to veterans pursuing a program of vocational
rehabilitation training under this chapter in the same manner as former
section 1507 of this title applied to veterans pursuing such a program
under this chapter on Sept. 30, 1980, see section 802(a)(2), (4) of
Pub. L. 96-466, set out as an Effective Date note under section 3100 of
this title.
38 USC 3113. Vocational rehabilitation for hospitalized members of the
Armed Forces and veterans
TITLE 38 -- VETERANS' BENEFITS
(a) Services and assistance may be provided under this chapter to a
person described in section 3102(1)(B) and (2) /1/ of this title who is
hospitalized pending discharge from active military, naval, or air
service. In such cases, no subsistence allowance shall be paid.
(b) Services and assistance may be provided under this chapter to a
veteran who is receiving care in a Department of Veterans Affairs
hospital, nursing home, or domiciliary facility or in any other hospital
or medical facility.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2181, 1513; amended Pub. L. 101-237, title IV, 423(b)(1)(B), Dec.
18, 1989, 103 Stat. 2092; renumbered 3113 and amended Pub. L. 102-83,
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
Section 3102 of this title, referred to in subsec. (a), was amended
generally by Pub. L. 102-568, title IV, 404(a), Oct. 29, 1992, 106
Stat. 4338, and, as so amended, the provisions formerly contained in
pars. (1)(B) and (2) are now contained in par. (1)(A)(ii) and (B).
Prior section 3113 was renumbered section 5313 of this title.
Provisions similar to those comprising subsec. (a) of this section
were contained in former section 1510 of this title prior to the general
revision of this chapter by Pub. L. 96-466.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1513 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''3102(1)(B)'' for
''1502(1)(B)''.
1989 -- Subsec. (b). Pub. L. 101-237 substituted ''Department of
Veterans Affairs'' for ''Veterans' Administration''.
Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.
96-466, set out as a note under section 3100 of this title.
/1/ See References in Text note below.
38 USC 3114. Vocational rehabilitation outside the United States
TITLE 38 -- VETERANS' BENEFITS
Under regulations which the Secretary shall prescribe, a vocational
rehabilitation program under this chapter may be provided outside the
United States if the Secretary determines that such training is (1)
necessary in the particular case to provide the preparation needed to
render a veteran employable and enable such veteran to obtain and retain
suitable employment, and (2) in the best interest of such veteran and
the Federal Government.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2182, 1514; amended Pub. L. 101-237, title IV, 423(b)(1)(A), Dec.
18, 1989, 103 Stat. 2092; renumbered 3114, Pub. L. 102-83, 5(a), Aug.
6, 1991, 105 Stat. 406.)
Prior section 3114 was renumbered section 5314 of this title.
1991 -- Pub. L. 102-83 renumbered section 1514 of this title as this
section.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator'' wherever appearing.
Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.
96-466, set out as a note under section 3100 of this title.
38 USC 3115. Rehabilitation resources
TITLE 38 -- VETERANS' BENEFITS
(a) Notwithstanding any other provision of law, for the purpose of
providing services under this chapter, the Secretary may --
(1) use the facilities of any Federal agency (including the
Department of Veterans Affairs), or of any State or local government
agency receiving Federal financial assistance, to provide training or
work experience as part or all of a veteran's vocational rehabilitation
program without pay or for nominal pay in any case in which the
Secretary determines that such training or work experience is necessary
to accomplish such veteran's rehabilitation;
(2) use the facilities, staff, and other resources of the Department
of Veterans Affairs;
(3) employ such additional personnel and experts as the Secretary
considers necessary; and
(4) use the facilities and services of any Federal, State, or other
public agency, any agency maintained by joint Federal and State
contributions, any public or private institution or establishment, and
any private individual.
(b)(1) While pursuing on-job training or work experience under
subsection (a)(1) of this section at a Federal agency, a veteran shall
be considered to be an employee of the United States for the purposes of
the benefits of chapter 81 of title 5, but not for the purposes of laws
administered by the Office of Personnel Management.
(2) Except as provided in chapter 17 of this title, hospital care and
medical services provided under this chapter shall be furnished in
facilities over which the Secretary has direct jurisdiction.
(3) Use of the facilities of a State or local government agency under
subsection (a)(1) of this section or use of facilities and services
under subsection (a)(4) of this section, shall be procured through
contract, agreement, or other cooperative arrangement.
(4) The Secretary shall prescribe regulations providing for the
monitoring of training and work experiences provided under such
subsection (a)(1) at State or local government agencies and otherwise
ensuring that such training or work experience is in the best interest
of the veteran and the Federal Government.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2182, 1515; amended Pub. L. 100-689, title II, 201, Nov. 18, 1988,
102 Stat. 4175; Pub. L. 101-237, title IV, 423(b)(1), Dec. 18, 1989,
103 Stat. 2092; renumbered 3115, Pub. L. 102-83, 5(a), Aug. 6, 1991,
105 Stat. 406.)
Prior section 3115 was renumbered section 5315 of this title.
Provisions similar to those comprising this section were contained in
former section 1511 of this title prior to the general revision of this
chapter by Pub. L. 96-466.
1991 -- Pub. L. 102-83 renumbered section 1515 of this title as this
section.
1989 -- Subsecs. (a), (b)(2), (4). Pub. L. 101-237 substituted
''Secretary'' and ''Department of Veterans Affairs'' for
''Administrator'' and ''Veterans' Administration'', respectively,
wherever appearing.
1988 -- Subsec. (a)(1). Pub. L. 100-689, 201(1), inserted '', or of
any State or local government agency receiving Federal financial
assistance,'' after ''Administration)''.
Subsec. (b)(1). Pub. L. 100-689, 201(2)(A), inserted ''at a Federal
agency'' after ''section''.
Subsec. (b)(3), (4). Pub. L. 100-689, 201(2)(B), added pars. (3)
and (4) and struck out former par. (3) which read as follows: ''Use of
facilities and services under clause (4) of subsection (a) of this
section, shall be procured through contract, agreement, or other
cooperative arrangement.''
Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.
96-466, set out as a note under section 3100 of this title.
38 USC 3116. Promotion of employment and training opportunities
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall actively promote the development and
establishment of employment, training, and other related opportunities
for (1) veterans who are participating or who have participated in a
rehabilitation program under this chapter, (2) veterans with
service-connected disabilities, and (3) other veterans to whom the
employment emphases set forth in chapter 42 of this title apply. The
Secretary shall promote the development and establishment of such
opportunities through Department of Veterans Affairs staff outreach
efforts to employers and through Department of Veterans Affairs
coordination with Federal, State, and local governmental agencies and
appropriate nongovernmental organizations. In carrying out the
provisions of this subsection with respect to veterans referred to in
clause (3) of the first sentence of this subsection, the Secretary shall
place particular emphasis on the needs of categories of such veterans on
the basis of applicable rates of unemployment.
(b)(1) The Secretary, pursuant to regulations prescribed in
accordance with paragraph (3) of this subsection, may make payments to
employers for providing on-job training to veterans who have been
rehabilitated to the point of employability in individual cases in which
the Secretary determines that such payment is necessary to obtain needed
on-job training or to begin employment. Such payments may not exceed
the direct expenses incurred by such employers in providing such on-job
training or employment opportunity.
(2) In any case in which a veteran described in paragraph (1) of this
subsection participates in on-job training described in such paragraph
that satisfies the criteria for payment of a training assistance
allowance under section 3687 of this title, such veteran shall, to the
extent that such veteran has remaining eligibility for and entitlement
to such allowance, be paid such allowance.
(3) The Secretary shall prescribe regulations under this subsection
in consultation with the Secretary of Labor and, in prescribing such
regulations, shall take into consideration the provisions of title V of
the Rehabilitation Act of 1973 (29 U.S.C. ch. 16, subch. V) and section
4212 of this title, and regulations prescribed under such provisions.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2182, 1516; amended Pub. L. 101-237, title IV, 423(b)(1), Dec. 18,
1989, 103 Stat. 2092; renumbered 3116 and amended Pub. L. 102-83,
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
The Rehabilitation Act of 1973, referred to in subsec. (b)(3), is
Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended. Title V of
the Rehabilitation Act of 1973 is classified generally to subchapter V (
790 et seq.) of chapter 16 of Title 29, Labor. For complete
classification of this Act to the Code, see Short Title note set out
under section 701 of Title 29 and Tables.
Prior section 3116 was renumbered section 5316 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1516 of this title
as this section.
Subsec. (b)(2), (3). Pub. L. 102-83, 5(c)(1), substituted ''3687''
for ''1787'' in par. (2) and ''4212'' for ''2012'' in par. (3).
1989 -- Subsecs. (a), (b)(1), (3). Pub. L. 101-237 substituted
''Secretary'' and ''Department of Veterans Affairs'' for
''Administrator'' and ''Veterans' Administration'', respectively,
wherever appearing.
Section effective Oct. 1, 1980, see section 802(a)(2) of Pub. L.
96-466, set out as a note under section 3100 of this title.
Pub. L. 99-238, title II, 202, Jan. 13, 1986, 99 Stat. 1768, as
amended by Pub. L. 102-83, 5(c)(2), 6(g), Aug. 6, 1991, 105 Stat.
406, 408, provided that:
''(a) In General. -- In carrying out section 3116(b) (formerly
1516(b)) of title 38, United States Code, the Secretary of Veterans
Affairs shall take all feasible steps to establish and encourage, for
veterans who are eligible to have payments made on their behalf under
such section, the development of training opportunities through programs
of job training consistent with the provisions of the Veterans' Job
Training Act (as redesignated by section 201(a)(1) of this Act) (29
U.S.C. 1721 note) so as to utilize programs of job training established
by employers pursuant to such Act.
''(b) Directive. -- In carrying out such Act, the Secretary of
Veterans Affairs shall take all feasible steps to ensure that, in the
cases of veterans who are eligible to have payments made on their behalf
under both such Act and section 3116(b) (formerly 1516(b)) of title 38,
United States Code, the authority under such section is utilized, to the
maximum extent feasible and consistent with the veteran's best
interests, to make payments to employers on behalf of such veterans.''
38 USC 3117. Employment assistance
TITLE 38 -- VETERANS' BENEFITS
(a)(1) A veteran with a service-connected disability who has
participated in a vocational rehabilitation program under this chapter
or a similar program under the Rehabilitation Act of 1973 (29 U.S.C.
701 et seq.) and who the Secretary has determined to be employable shall
be furnished assistance in obtaining employment consistent with such
veteran's abilities, aptitudes, interests, and employment handicap,
including assistance necessary to insure that such veteran receives the
benefit of any applicable provisions of law or regulation providing for
special consideration or emphasis or preference for such veteran in
employment or training.
(2) Assistance provided under this subsection may include --
(A) direct placement of such veteran in employment;
(B) utilization of the services of disabled veterans outreach program
specialists under section 4103A of this title; and
(C) utilization of the job development and placement services of (i)
programs under the Rehabilitation Act of 1973, (ii) the State employment
service and the Veterans' Employment Service of the Department of Labor,
(iii) the Office of Personnel Management, (iv) any other public or
nonprofit organization having placement services available, and (v) any
for-profit entity in a case in which the Secretary has determined that
services necessary to provide such assistance are available from such
entity and that comparably effective services are not available, or
cannot be obtained cost-effectively, from the entities described in
subclauses (i) through (iv) of this clause.
(b)(1) In any case in which a veteran has completed a vocational
rehabilitation program for self-employment in a small business
enterprise under this chapter, the Secretary shall assist such veteran
in securing, as appropriate, a loan under subchapter IV of chapter 37 of
this title and shall cooperate with the Small Business Administration to
assist such veteran to secure a loan for the purchase of equipment
needed to establish such veteran's own business and to insure that such
veteran receives the special consideration provided for in section 8 of
the Small Business Act (15 U.S.C. 633(b)).
(2) In the case of a veteran described in clause (12) of section
3104(a) of this title who has trained under a State rehabilitation
program with the objective of self-employment in a small business
enterprise, the Secretary may, subject to the limitations and criteria
provided for in such clause, provide such veteran with such
supplementary equipment and initial stocks and supplies as are
determined to be needed by such veteran if such supplementary equipment
and initial stocks and supplies, or assistance in acquiring them, are
not available through the State program or other sources.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2183, 1517; amended Pub. L. 97-72, title III, 303(k), Nov. 3, 1981,
95 Stat. 1060; Pub. L. 100-689, title II, 202(a), Nov. 18, 1988, 102
Stat. 4175; Pub. L. 101-237, title IV, 423(b)(1)(A), Dec. 18, 1989,
103 Stat. 2092; Pub. L. 102-54, 14(c)(4), June 13, 1991, 105 Stat.
285; renumbered 3117 and amended Pub. L. 102-83, 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 406.)
The Rehabilitation Act of 1973, referred to in subsec. (a)(1),
(2)(C)(i), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as
amended, which is classified principally to chapter 16 ( 701 et seq.) of
Title 29, Labor. For complete classification of this Act to the Code,
see Short Title note set out under section 701 of Title 29 and Tables.
Section 8 of the Small Business Act (15 U.S.C. 633(b)), referred to
in subsec. (b)(1), probably means section 2(4) of the Small Business
Act, Pub. L. 85-536, 2(4), July 18, 1958, 72 Stat. 384, as amended by
section 8 of Pub. L. 93-237, Jan. 2, 1974, 87 Stat. 1025, which is
classified to section 633(b) of Title 15, Commerce and Trade.
Prior section 3117 was renumbered section 5317 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1517 of this title
as this section.
Subsec. (a)(1). Pub. L. 102-54, 14(c)(4)(A), inserted ''(29 U.S.C.
701 et seq.)'' after ''1973''.
Subsec. (a)(2)(B). Pub. L. 102-83, 5(c)(1), substituted ''4103A''
for ''2003A''.
Subsec. (a)(2)(C)(v). Pub. L. 102-54, 14(c)(4)(B), struck out second
period at end.
Subsec. (b)(2). Pub. L. 102-83, 5(c)(1), substituted ''3104(a)'' for
''1504(a)''.
1989 -- Subsecs. (a)(1), (2)(C), (b). Pub. L. 101-237 substituted
''Secretary'' for ''Administrator'' wherever appearing.
1988 -- Subsec. (a)(2)(C). Pub. L. 100-689 struck out ''and'' at end
of subcl. (iii), substituted ''available, and'' for ''available'' in
subcl. (iv), and added subcl. (v).
1981 -- Subsec. (b)(1). Pub. L. 97-72 inserted provision requiring
the Administrator to assist veterans in securing, as appropriate, a loan
under subchapter IV of chapter 37 of this title.
Amendment by Pub. L. 97-72 effective at end of 180-day period
beginning on Nov. 3, 1981, see section 305 of Pub. L. 97-72, set out
as an Effective Date note under section 3741 of this title.
Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.
96-466, set out as a note under section 3100 of this title.
38 USC 3118. Personnel training, development, and qualifications
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall provide a program of ongoing professional
training and development for Department of Veterans Affairs counseling
and rehabilitation personnel engaged in providing rehabilitation
services under this chapter. The objective of such training shall be to
insure that rehabilitation services for disabled veterans are provided
in accordance with the most advanced knowledge, methods, and techniques
available for the rehabilitation of handicapped persons. For this
purpose, the Secretary may employ the services of consultants and may
make grants to and contract with public or private agencies (including
institutions of higher learning) to conduct such training and
development.
(b) The Secretary shall coordinate with the Commissioner of the
Rehabilitation Services Administration in the Department of Education
and the Assistant Secretary for Veterans' Employment in the Department
of Labor in planning and carrying out personnel training in areas of
mutual programmatic concern.
(c) Notwithstanding any other provision of law, the Secretary shall
establish such qualifications for personnel providing evaluation and
rehabilitation services to veterans under this chapter and for employees
performing the functions described in section 3106(e) of this title as
the Secretary determines are necessary and appropriate to insure the
quality of rehabilitation programs under this chapter. In establishing
such qualifications, the Secretary shall take into account the
qualifications established for comparable personnel under the
Rehabilitation Act of 1973 (29 U.S.C. ch. 16).
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2184, 1518; amended Pub. L. 101-237, title IV, 423(b)(1), Dec. 18,
1989, 103 Stat. 2092; renumbered 3118 and amended Pub. L. 102-83,
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
The Rehabilitation Act of 1973 (29 U.S.C. ch. 16), referred to in
subsec. (c), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as
amended, which is classified generally to chapter 16 ( 701 et seq.) of
Title 29, Labor. For complete classification of this Act to the Code,
see Short Title note set out under section 701 of Title 29 and Tables.
Prior section 3118 was renumbered section 5318 of this title.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1518 of this title
as this section.
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''3106(e)'' for
''1506(e)''.
1989 -- Pub. L. 101-237 substituted ''Secretary'' and ''Department
of Veterans Affairs'' for ''Administrator'' and ''Veterans'
Administration'', respectively, wherever appearing.
Section effective Oct. 1, 1980, see section 802(a)(2) of Pub. L.
96-466, set out as a note under section 3100 of this title.
38 USC 3119. Rehabilitation research and special projects
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary shall carry out an ongoing program of activities
for the purpose of advancing the knowledge, methods, techniques, and
resources available for use in rehabilitation programs for veterans.
For this purpose, the Secretary shall conduct and provide support for
the development or conduct, or both the development and conduct, of --
(1) studies and research concerning the psychological, educational,
employment, social, vocational, industrial, and economic aspects of the
rehabilitation of disabled veterans, including new methods of
rehabilitation; and
(2) projects which are designed to increase the resources and
potential for accomplishing the rehabilitation of disabled veterans.
(b) For the purpose specified in subsection (a) of this section, the
Secretary is authorized to make grants to or contract with public or
nonprofit agencies, including institutions of higher learning.
(c) The Secretary shall cooperate with the Commissioner of the
Rehabilitation Services Administration and the Director of the Institute
of Handicapped Research in the Department of Education, the Assistant
Secretary for Veterans' Employment in the Department of Labor, and the
Secretary of Health and Human Services regarding rehabilitation studies,
research, and special projects of mutual programmatic concern.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2184, 1519; amended Pub. L. 101-237, title IV, 423(b)(1)(A), Dec.
18, 1989, 103 Stat. 2092; renumbered 3119, Pub. L. 102-83, 5(a), Aug.
6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 1519 of this title as this
section.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator'' wherever appearing.
Section effective Oct. 1, 1980, see section 802(a)(2) of Pub. L.
96-466, set out as a note under section 3100 of this title.
38 USC 3120. Program of independent living services and assistance
TITLE 38 -- VETERANS' BENEFITS
(a) The Secretary may, under contracts with entities described in
subsection (f) of this section, or through facilities of the Department
of Medicine and Surgery, which possess a demonstrated capability to
conduct programs of independent living services for severely handicapped
persons, provide, under regulations which the Secretary shall prescribe,
programs of independent living services and assistance under this
chapter, in various geographic regions of the United States, to veterans
described in subsection (b) of this section.
(b) A program of independent living services and assistance may be
made available under this section only to a veteran who has a
service-connected disability described in section 3102(1)(A) /1/ of this
title and with respect to whom it is determined under section 3106(d) of
this title that the achievement of a vocational goal currently is not
reasonably feasible.
(c) The Secretary shall, to the maximum extent feasible, include
among those veterans who are provided with programs of independent
living services and assistance under this section substantial numbers of
veterans described in subsection (b) of this section who are receiving
long-term care in Department of Veterans Affairs hospitals and nursing
homes and in nursing homes with which the Secretary contracts for the
provision of care to veterans.
(d) A program of independent living services and assistance for a
veteran shall consist of such services described in section 3104(a) and
(b) of this title as the Secretary determines necessary to enable such
veteran to achieve maximum independence in daily living. Such veteran
shall have the same rights with respect to an individualized written
plan of services and assistance as are afforded veterans under section
3107 of this title.
(e) Programs of independent living services and assistance shall be
initiated for no more than five hundred veterans in each fiscal year,
and the first priority in the provision of such programs shall be
afforded to veterans for whom the reasonable feasibility of achieving a
vocational goal is precluded solely as a result of a service-connected
disability.
(f) Entities described in this subsection are (1) public or nonprofit
agencies or organizations, and (2) for-profit entities in cases in which
the Secretary determines that services comparable in effectiveness to
services available from such an entity are not available, or cannot be
obtained cost-effectively from, public or nonprofit agencies or through
facilities of the Department of Medicine and Surgery.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2185, 1520; amended Pub. L. 99-576, title III, 333(a), (b)(6), (c),
Oct. 28, 1986, 100 Stat. 3279; Pub. L. 100-689, title II, 202(b), Nov.
18, 1988, 102 Stat. 4176; Pub. L. 101-237, title IV, 404, 423(b)(1),
Dec. 18, 1989, 103 Stat. 2080, 2092; renumbered 3120 and amended Pub.
L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
Section 3102 of this title, referred to in subsec. (b), was amended
generally by Pub. L. 102-568, title IV, 404(a), Oct. 29, 1992, 106
Stat. 4338, and, as so amended, the provisions formerly contained in
par. (1)(A) are now contained in par. (1)(A)(i).
1991 -- Pub. L. 102-83, 5(a), renumbered section 1520 of this title
as this section.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''3102(1)(A)'' for
''1502(1)(A)'' and ''3106(d)'' for ''1506(d)''.
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''3104(a)'' for
''1504(a)'' and ''3107'' for ''1507''.
1989 -- Subsec. (a). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Pub. L. 101-237, 404(2)-(4), redesignated former par. (1) of
subsec. (a) as entire subsection, substituted ''The'' for ''During
fiscal years 1982 through 1989, the'', ''subsection (f) of this
section'' for ''paragraph (7) of this subsection'' and ''subsection (b)
of this section'' for ''paragraph (2) of this subsection'', redesignated
former pars. (2), (3), (4), (6), and (7) of subsec. (a) as subsecs.
(b), (c), (d), (e), and (f) of this section, respectively, and struck
out former par. (5) which read as follows: ''Any contract for services
initiated with respect to any veteran under this section before the end
of fiscal year 1989 may be continued in effect after the end of such
year for the purposes of providing services and assistance to such
veteran in accordance with the provisions of this chapter.''
Subsec. (b). Pub. L. 101-237, 404(1), (3), (5), redesignated former
subsec. (a)(2) as (b), struck out before period at end ''and who is
selected pursuant to criteria provided for in regulations prescribed
under paragraph (1) of this subsection'' and struck out former subsec.
(b) which read as follows: ''Not later than February 1, 1989, the
Administrator shall submit to the Committees on Veterans' Affairs of the
Senate and the House of Representatives statistical data regarding
veterans' participation in the program conducted under subsection (a) of
this section during fiscal years 1987 and 1988 and any recommendations
of the Administrator for administrative or legislative action or both
regarding the program.''
Subsec. (c). Pub. L. 101-237, 423(b)(1), substituted ''Secretary''
and ''Department of Veterans Affairs'' for ''Administrator'' and
''Veterans' Administration'', respectively, wherever appearing.
Pub. L. 101-237, 404(3), (6), redesignated former subsec. (a)(3) as
(c) and substituted ''subsection (b) of this section'' for ''paragraph
(2) of this subsection''.
Subsec. (d). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary'' for ''Administrator''.
Pub. L. 101-237, 404(3), redesignated former subsec. (a)(4) as (d).
Subsec. (e). Pub. L. 101-237, 404(3), (7), redesignated former
subsec. (a)(6) as (e) and substituted ''in each fiscal year'' for ''in
each of the fiscal years 1982 through 1989''.
Subsec. (f). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary'' for ''Administrator''.
Pub. L. 101-237, 404(3), (8), redesignated former subsec. (a)(7) as
(f) and substituted ''in this subsection are (1) public or nonprofit
agencies or organizations, and (2)'' for ''in this paragraph are (A)
public or nonprofit agencies or organizations, and (B)''.
1988 -- Subsec. (a)(1). Pub. L. 100-689, 202(b)(1), substituted
''entities described in paragraph (7) of this subsection'' for ''public
or nonprofit private agencies or organizations''.
Subsec. (a)(7). Pub. L. 100-689, 202(b)(2), added par. (7).
1986 -- Pub. L. 99-576, 333(b)(6), substituted ''Program'' for
''Pilot program'' in section catchline.
Subsec. (a)(1). Pub. L. 99-576, 333(a)(1)(A), substituted ''1989''
for ''1985''.
Subsec. (a)(2). Pub. L. 99-576, 333(a)(1)(B), inserted ''currently''
after ''goal''.
Subsec. (a)(5), (6). Pub. L. 99-576, 333(a)(1)(A), substituted
''1989'' for ''1985''.
Subsec. (b). Pub. L. 99-576, 333(c), amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ''Not later than
September 30, 1984, the Administrator shall submit to the Congress a
report on the programs of independent living services and assistance
provided for in subsection (a) of this section. Such report shall
include --
''(1) the results of a study which the Administrator shall conduct of
the accomplishments and cost-effectiveness of such programs, including
the extent to which (A) such programs have met needs for comprehensive
independent living services that would not otherwise have been met, (B)
severely disabled veterans have achieved and maintained greater
independence in daily living as a result of participation in the
programs, and (C) costs of care in hospital, nursing home, and
domiciliary facilities have been and may be avoided as the result of
such programs; and
''(2) the Administrator's recommendations for any legislative changes
with respect to the provision of independent living services and
assistance to veterans for whom the achievement of a vocational goal is
not feasible.''
Reference to Veterans Health Services and Research Administration (or
to Department of Medicine and Surgery of the Veterans' Administration)
deemed to refer to Veterans Health Administration pursuant to section 2
of Pub. L. 102-40, set out as a Renaming of Veterans Health Services
and Research Administration note under section 301 of this title.
Reference to Department of Medicine and Surgery deemed to refer to
Veterans Health Services and Research Administration of the Department
of Veterans Affairs, pursuant to section 10 of Pub. L. 100-527, set out
as a Department of Veterans Affairs Act note under section 301 of this
title.
Section effective Oct. 1, 1980, see section 802(a)(2) of Pub. L.
96-466, set out as a note under section 3100 of this title.
/1/ See References in Text note below.
38 USC 3121. Veterans' Advisory Committee on Rehabilitation
TITLE 38 -- VETERANS' BENEFITS
(a)(1) The Secretary shall appoint an advisory committee to be known
as the Veterans' Advisory Committee on Rehabilitation (hereinafter in
this section referred to as the ''Committee'').
(2) The members of the Committee shall be appointed by the Secretary
from the general public and shall serve for terms to be determined by
the Secretary not to exceed three years. Veterans with
service-connected disabilities shall be appropriately represented in the
membership of the Committee, and the Committee shall also include
persons who have distinguished themselves in the public and private
sectors in the fields of rehabilitation medicine, vocational guidance,
vocational rehabilitation, and employment and training programs. The
Secretary may designate one of the members of the Committee appointed
under this paragraph to chair the Committee.
(3) The Committee shall also include as ex officio members the
following: (A) one representative from the Department of Medicine and
Surgery and one from the Department of Veterans' Benefits, (B) one
representative from the Rehabilitation Services Administration of the
Department of Education and one from the National Institute for
Handicapped Research of the Department of Education, and (C) one
representative of the Assistant Secretary of Labor for Veterans'
Employment and Training of the Department of Labor.
(b) The Secretary shall, on a regular basis, consult with and seek
the advice of the Committee with respect to the administration of
veterans' rehabilitation programs under this title.
(c) The Committee shall submit to the Secretary an annual report on
the rehabilitation programs and activities of the Department of Veterans
Affairs and shall submit such other reports and recommendations to the
Secretary as the Committee determines appropriate. The annual report
shall include an assessment of the rehabilitation needs of veterans and
a review of the programs and activities of the Department of Veterans
Affairs designed to meet such needs. The Secretary shall submit with
each annual report submitted to the Congress pursuant to section 529 of
this title a copy of all reports and recommendations of the Committee
submitted to the Secretary since the previous annual report of the
Secretary was submitted to the Congress pursuant to such section.
(Added Pub. L. 96-466, title I, 101(a), Oct. 17, 1980, 94 Stat.
2186, 1521; amended Pub. L. 101-237, title IV, 423(b)(1), Dec. 18,
1989, 103 Stat. 2092; Pub. L. 102-54, 14(c)(5), June 13, 1991, 105
Stat. 285; renumbered 3121 and amended Pub. L. 102-83, 2(c)(3),
5(a), Aug. 6, 1991, 105 Stat. 402, 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 1521 of this title
as this section.
Subsec. (a)(3). Pub. L. 102-54 substituted ''Veterans' Employment and
Training'' for ''Veterans' Employment''.
Subsec. (c). Pub. L. 102-83, 2(c)(3), substituted ''section 529''
for ''section 214''.
1989 -- Subsecs. (a)(1), (2), (b). Pub. L. 101-237 substituted
''Secretary'' and ''Department of Veterans Affairs'' for
''Administrator'' and ''Veterans' Administration'', respectively,
wherever appearing.
Reference to Veterans Health Services and Research Administration (or
to Department of Medicine and Surgery of the Veterans' Administration)
deemed to refer to Veterans Health Administration pursuant to section 2
of Pub. L. 102-40, set out as a Renaming of Veterans Health Services
and Research Administration note under section 301 of this title.
References to Department of Medicine and Surgery and to Department of
Veterans' Benefits deemed to refer to Veterans Health Services and
Research Administration and to Veterans Benefits Administration,
respectively, of Department of Veterans Affairs, pursuant to section 10
of Pub. L. 100-527, set out as a Department of Veterans Affairs note
under section 301 of this title.
Section effective Oct. 1, 1980, see section 802(a)(2) of Pub. L.
96-466, set out as a note under section 3100 of this title.
38 USC CHAPTER 32 -- POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE
TITLE 38 -- VETERANS' BENEFITS
Sec.
3201. Purpose.
3202. Definitions.
MATCHING FUND
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.
3243. Deposits; reports.
1991 -- Pub. L. 102-83, 5(b)(1), Aug. 6, 1991, 105 Stat. 406,
renumbered items 1601 to 1643 as 3201 to 3243, respectively.
Pub. L. 102-16, 5(b), Mar. 22, 1991, 105 Stat. 50, struck out item
1642 ''Reporting requirements''.
1988 -- Pub. L. 100-689, title I, 107(b)(2), Nov. 18, 1988, 102
Stat. 4169, added item 1634.
1986 -- Pub. L. 99-576, title III, 310(b)(3), Oct. 28, 1986, 100
Stat. 3272, added item 1633.
1982 -- Pub. L. 97-295, 4(36), Oct. 12, 1982, 96 Stat. 1307,
inserted ''the'' after ''bar'' in item 1625.
135, 6334.
38 USC SUBCHAPTER I -- PURPOSE; DEFINITIONS
TITLE 38 -- VETERANS' BENEFITS
38 USC 3201. Purpose
TITLE 38 -- VETERANS' BENEFITS
It is the purpose of this chapter (1) to provide educational
assistance to those men and women who enter the Armed Forces after
December 31, 1976, and before July 1, 1985, (2) to assist young men and
women in obtaining an education they might not otherwise be able to
afford, and (3) to promote and assist the all volunteer military program
of the United States by attracting qualified men and women to serve in
the Armed Forces.
(Added Pub. L. 94-502, title IV, 404, Oct. 15, 1976, 90 Stat. 2393,
1601; amended Pub. L. 99-576, title III, 309(a)(1), Oct. 28, 1986,
100 Stat. 3270; renumbered 3201, Pub. L. 102-83, 5(a), Aug. 6, 1991,
105 Stat. 406.)
Prior section 3201 was renumbered section 5501 of this title.
1991 -- Pub. L. 102-83 renumbered section 1601 of this title as this
section.
1986 -- Pub. L. 99-576 inserted ''and before July 1, 1985,''.
Section 406 of title IV of Pub. L. 94-502 provided that: ''The
provisions of this title (enacting this chapter, amending sections 1652,
1661, and 1662 (now 3452, 3461, and 3462) of this title and section 725s
of former Title 31, Money and Finance, and enacting provisions set out
as a note under section 3221 of this title) shall become effective on
January 1, 1977.''
For short titles of Pub. L. 94-502, and title IV of Pub. L.
94-502, which enacted this chapter, see Short Title of 1976 Amendments
note set out under section 101 of this title.
Section 309(c), (d) of Pub. L. 99-576 provided that:
''(c) Exception. -- Notwithstanding the amendments made by subsection
(a) (amending this section and sections 1602 and 1621 (now 3202 and
3221) of this title), any individual on active duty in the Armed Forces
who was eligible on June 30, 1985, to enroll in the program established
by chapter 32 of title 38, United States Code, may enroll, before April
1, 1987, in such program.
''(d) Notice Requirement. -- The Secretary of Defense, and the
Secretary of Transportation with respect to the Coast Guard when it is
not operating as a service in the Navy, shall carry out activities for
the purpose of notifying, to the maximum extent feasible, individuals
described in subsection (c) of the opportunity provided by such
subsection.''
38 USC 3202. Definitions
TITLE 38 -- VETERANS' BENEFITS
For the purposes of this chapter --
(1)(A) The term ''eligible veteran'' means any veteran who is not
eligible for educational assistance under chapter 34 of this title and
who (i) entered military service on or after January 1, 1977, and before
July 1, 1985, served on active duty for a period of more than 180 days
commencing on or after January 1, 1977, and was discharged or released
therefrom under conditions other than dishonorable, or (ii) entered
military service on or after January 1, 1977, and before July 1, 1985,
and was discharged or released from active duty after January 1, 1977,
for a service-connected disability.
(B) The requirement of discharge or release, prescribed in
subparagraph (A), shall be waived in the case of any participant who has
completed his or her first obligated period of active duty (which began
after December 31, 1976) or 6 years of active duty (which began after
December 31, 1976), whichever period is less.
(C) For the purposes of subparagraphs (A) and (B), the term ''active
duty'' does not include any period during which an individual (i) 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, (ii) served as a cadet or midshipman at
one of the service academies, or (iii) served under the provisions of
section 511(d) of title 10 pursuant to an enlistment in the Army
National Guard or the Air National Guard, or as a Reserve for service in
the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps
Reserve, or Coast Guard Reserve.
(D)(i) The requirement of ineligibility for educational assistance
under chapter 34 of this title, prescribed in subparagraph (A), shall be
waived in the case of a veteran described in division (ii) of this
subparagraph who elects to receive benefits under this chapter instead
of assistance under such chapter 34. A veteran who makes such an
election shall be ineligible for assistance under such chapter. Such an
election is irrevocable.
(ii) A veteran referred to in division (i) of this subparagraph is a
veteran who before January 1, 1977, performed military service described
in subparagraph (C)(iii), is entitled under section 3452(a)(3)(C) of
this title to have such service considered to be ''active duty'' for the
purposes of chapter 34 of this title, and is eligible for assistance
under such chapter only by reason of having such service considered to
be active duty.
(2) The term ''program of education'' --
(A) has the meaning given such term in section 3452(b) of this title,
and
(B) includes (i) a full-time program of apprenticeship or other
on-job training approved as provided in clause (1) or (2), as
appropriate, of section 3687(a) of this title, and (ii) in the case of
an individual who is not serving on active duty, a cooperative program
(as defined in section 3482(a)(2) of this title).
(3) The term ''participant'' is a person who is participating in the
educational benefits program established under this chapter.
(4) The term ''educational institution'' has the meaning given such
term in section 3452(c) of this title.
(5) The term ''training establishment'' has the meaning given such
term in section 3452(e) of this title.
(Added Pub. L. 94-502, title IV, 404, Oct. 15, 1976, 90 Stat. 2394,
1602; amended Pub. L. 96-466, title IV, 401, Oct. 17, 1980, 94 Stat.
2201; Pub. L. 98-223, title II, 203(a), Mar. 2, 1984, 98 Stat. 41;
Pub. L. 99-576, title III, 309(a)(2), 310(a), Oct. 28, 1986, 100 Stat.
3270, 3271; Pub. L. 100-689, title I, 108(b)(1), Nov. 18, 1988, 102
Stat. 4169; Pub. L. 102-54, 14(c)(6), June 13, 1991, 105 Stat. 285;
renumbered 3202 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 406.)
Prior sections 3202 to 3205 were renumbered sections 5502 to 5505 of
this title, respectively.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1602 of this title
as this section.
Par. (1)(A). Pub. L. 102-54 inserted comma after last reference to
''1977''.
Par. (1)(D)(ii). Pub. L. 102-83, 5(c)(1), substituted
''3452(a)(3)(C)'' for ''1652(a)(3)(C)''.
Par. (2). Pub. L. 102-83, 5(c)(1), substituted ''3452(b)'' for
''1652(b)'' in subpar. (A) and ''3687(a)'' for ''1787(a)'' and
''3482(a)(2)'' for ''1682(a)(2)'' in subpar. (B).
Pars. (4), (5). Pub. L. 102-83, 5(c)(1), substituted ''3452(c)''
for ''1652(c)'' in par. (4) and ''3452(e)'' for ''1652(e)'' in par.
(5).
1988 -- Par. (2)(B). Pub. L. 100-689 inserted designation ''(i)''
after ''includes'' and added cl. (ii).
1986 -- Par. (1)(A). Pub. L. 99-576, 309(a)(2), inserted ''and
before July 1, 1985,'' in two places and substituted ''commencing on or
after January 1, 1977'' for ''commencing on or after such date'' and
''released from active duty after January 1, 1977'' for ''released from
active duty after such date''.
Par. (2). Pub. L. 99-576, 310(a)(1), added par. (2) and struck out
former par. (2) which read as follows: ''The terms 'program of
education' and 'educational institution' shall have the same meaning
ascribed to them in sections 1652(b) and 1652(c), respectively, of this
title.''
Pars. (4), (5). Pub. L. 99-576, 310(a)(2), added pars. (4) and
(5).
1984 -- Par. (1)(D). Pub. L. 98-223 added subpar. (D).
1980 -- Par. (1)(A). Pub. L. 96-466 inserted ''who is not eligible
for educational assistance under chapter 34 of this title and'' after
''any veteran'' and struck out ''initially'' before ''entered military
service'' in two places.
Amendment by Pub. L. 100-689 effective Jan. 1, 1989, see section
108(c) of Pub. L. 100-689, set out as a note under section 3002 of this
title.
Section 802(d)(1) of Pub. L. 96-466 provided that: ''The amendments
made by section 401 (amending this section) shall take effect as of
January 1, 1977.''
For provisions for continued eligibility for enrollment in the
program established by this chapter until Apr. 1, 1987, of individuals
on active duty in the Armed Forces who were eligible therefor on June
30, 1985, and requiring notice of such continued eligibility to affected
individuals, see section 309(c), (d) of Pub. L. 99-576, set out as a
note under section 3201 of this title.
38 USC SUBCHAPTER II -- ELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND
TITLE 38 -- VETERANS' BENEFITS
38 USC 3221. Eligibility
TITLE 38 -- VETERANS' BENEFITS
(a) Each person entering military service on or after January 1,
1977, and before July 1, 1985, shall have the right to enroll in the
educational benefits program provided by this chapter (hereinafter in
this chapter referred to as the ''program'' except where the text
indicates otherwise) at any time during such person's service on active
duty before July 1, 1985. When a person elects to enroll in the
program, such person must participate for at least 12 consecutive months
before disenrolling or suspending participation.
(b) The requirement for 12 consecutive months of participation
required by subsection (a) of this section shall not apply when (1) the
participant suspends participation or disenrolls from the program
because of personal hardship as defined in regulations issued jointly by
the Secretary and the Secretary of Defense, or (2) the participant is
discharged or released from active duty.
(c) A participant shall be permitted to suspend participation or
disenroll from the program at the end of any 12-consecutive-month period
of participation. If participation is suspended, the participant shall
be eligible to make additional contributions to the program under such
terms and conditions as shall be prescribed by regulations issued
jointly by the Secretary and the Secretary of Defense.
(d) If a participant disenrolls from the program, such participant
forfeits any entitlement to benefits under the program except as
provided in subsection (e) of this section. A participant who
disenrolls from the program is eligible for a refund of such
participant's contributions as provided in section 3223 of this title.
(e) A participant who has disenrolled may be permitted to reenroll in
the program under such conditions as shall be prescribed jointly by the
Secretary and the Secretary of Defense.
(f) An individual who serves in the Selected Reserve may not receive
credit for such service under both the program established by this
chapter and the program established by chapter 106 of title 10 but shall
elect (in such form and manner as the Secretary of Veterans Affairs may
prescribe) the program to which such service is to be credited.
(Added Pub. L. 94-502, title IV, 404, Oct. 15, 1976, 90 Stat. 2394,
1621; amended Pub. L. 99-576, title III, 309(a)(3), Oct. 28, 1986,
100 Stat. 3270; Pub. L. 101-237, title IV, 410, 423(b)(1)(A), (4)(A),
(6), Dec. 18, 1989, 103 Stat. 2084, 2092, 2093; renumbered 3221 and
amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 1621 of this title
as this section.
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''3223'' for
''1623''.
1989 -- Subsec. (b)(1). Pub. L. 101-237, 423(b)(1)(A), (4)(A),
substituted ''Secretary'' for ''Administrator'' after ''jointly by the''
and struck out ''(hereinafter in this chapter referred to as the
'Secretary')'' after ''Secretary of Defense''.
Subsecs. (c), (e). Pub. L. 101-237, 423(b)(1)(A), (4)(A),
substituted ''Secretary'' for ''Administrator'' after ''jointly by the''
and inserted ''of Defense'' after ''Secretary'' at end.
Subsec. (f). Pub. L. 101-237, 410, added subsec. (f).
1986 -- Subsec. (a). Pub. L. 99-576 inserted ''and before July 1,
1985,'' and ''before July 1, 1985'' in first sentence.
For provisions for continued eligibility for enrollment in the
program established by this chapter until Apr. 1, 1987, of individuals
on active duty in the Armed Forces who were eligible therefor on June
30, 1985, and requiring notice of such continued eligibility to affected
individuals, see section 309(c), (d) of Pub. L. 99-576, set out as a
note under section 3201 of this title.
Pub. L. 98-525, title VII, 704, Oct. 19, 1984, 98 Stat. 2564,
which provided that no individual on active duty in the Armed Forces
could initially enroll in the educational assistance program provided
for in this chapter during the period beginning on July 1, 1985, and
ending on June 30, 1988, was repealed by Pub. L. 99-576, title III,
309(b), Oct. 28, 1986, 100 Stat. 3270.
Section 408 of Pub. L. 94-502 provided that:
''(a)(1) No individual on active duty in the Armed Forces may
initially enroll in the educational assistance program provided for in
chapter 32 of title 38, United States Code (as added by section 404 of
this Act) after December 31, 1981, unless --
''(A) before June 1, 1981, the President submits to both Houses of
Congress a written recommendation that such program continue to be open
for new enrollments; and
''(B) before the close of the 60-day period after the day on which
the President submits to Congress the recommendation described in
subparagraph (A), neither the House of Representatives nor the Senate
adopts, by an affirmative vote of a majority of those present and voting
in that House, a resolution which in substance disapproves such
recommendation.
''(2) For purposes of computing the 60-day period referred to in
paragraph (1)(B), there shall be excluded --
''(A) the days on which either House is not in session because of an
adjournment of more than 3 days to a day certain or an adjournment of
the Congress sine die, and
''(B) any Saturday and Sunday, not excluded under the preceding
subparagraph, when either House is not in session.
The recommendation referred to in paragraph (1)(A) shall be delivered
to both Houses of Congress on the same day and shall be delivered to the
Clerk of the House of Representatives if the House is not in session and
to the Secretary of the Senate if the Senate is not in session.
''(b) If new enrollments after December 31, 1981, in the educational
assistance program provided for in such chapter 32 are authorized after
the application of the provisions of subsection (a), then effective
January 1, 1982, section 1622(b) (now 3222(b)) of title 38, United
States Code, is amended by striking out 'Veterans' Administration' and
inserting in lieu thereof 'Department of Defense'.''
38 USC 3222. Contributions; matching fund
TITLE 38 -- VETERANS' BENEFITS
(a) Except as provided in subsections (c) and (d) of this section,
each person electing to participate in the program shall agree to have a
monthly deduction made from such person's military pay. Such monthly
deduction shall be in any amount not less than $25 nor more than $100
except that the amount must be divisible by 5. Any such amount
contributed by the participant or contributed by the Secretary of
Defense pursuant to subsection (c) of this section shall be deposited in
a deposit fund account entitled the ''Post-Vietnam Era Veterans
Education Account'' (hereinafter in this chapter referred to as the
''fund'') to be established in the Treasury of the United States.
Contributions made by the participant shall be limited to a maximum of
$2,700.
(b) Except as otherwise provided in this chapter, each monthly
contribution made by a participant under subsection (a) shall entitle
the participant to matching funds from the Department of Defense at the
rate of $2 for each $1 contributed by the participant.
(c) The Secretary of Defense is authorized to contribute to the fund
of any participant such contributions as the Secretary of Defense deems
necessary or appropriate to encourage persons to enter or remain in the
Armed Forces, including contributions in lieu of, or to reduce the
amount of, monthly deductions under subsection (a) of this section. The
Secretary of Defense is authorized to issue such rules and regulations
as the Secretary of Defense deems necessary or appropriate to implement
the provisions of this subsection.
(d) Subject to the maximum contribution prescribed by subsection (a)
of this section, a participant shall be permitted, while serving on
active duty, to make a lump-sum contribution to the fund. A lump-sum
contribution to the fund by a participant shall be in addition to or in
lieu of monthly deductions made from such participant's military pay and
shall be considered, for the purposes of paragraph (2) of section
3231(a) of this title, to have been made by monthly deductions from such
participant's military pay in the amount of $100 per month or in such
lesser amount as may be specified by such participant pursuant to
regulations issued jointly by the Secretary of Defense and the
Secretary.
(e) Any amount transferred to the Secretary from the Secretary of a
military department under an interagency agreement for the
administration by the Department of Veterans Affairs of an educational
assistance program established by the Secretary of Defense under chapter
107 of title 10 may be deposited into and disbursed from the fund for
the purposes of such program.
(Added Pub. L. 94-502, title IV, 404, Oct. 15, 1976, 90 Stat. 2395,
1622; amended Pub. L. 94-502, title IV, 408(b), Oct. 15, 1976, 90
Stat. 2398; Pub. L. 96-466, title IV, 406, Oct. 17, 1980, 94 Stat.
2202; Pub. L. 97-306, title II, 209, 210, Oct. 14, 1982, 96 Stat.
1436; Pub. L. 98-160, title VII, 702(6), Nov. 21, 1983, 97 Stat. 1009;
Pub. L. 101-237, title IV, 423(b)(1), (4)(A), (B), (D), Dec. 18, 1989,
103 Stat. 2092; renumbered 3222 and amended Pub. L. 102-83, 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 1622 of this title
as this section.
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''3231(a)'' for
''1631(a)''.
1989 -- Subsec. (a). Pub. L. 101-237, 423(b)(4)(A), inserted ''of
Defense'' after ''Secretary''.
Subsec. (c). Pub. L. 101-237, 423(b)(4)(D), inserted ''of Defense''
after ''Secretary'' wherever appearing.
Subsec. (d). Pub. L. 101-237, 423(b)(1)(A), (4)(A), substituted
''Secretary'' for ''Administrator'' at end and inserted ''of Defense''
after ''jointly by the Secretary''.
Subsec. (e). Pub. L. 101-237, 423(b)(1), (4)(B), substituted
''Secretary'' and ''Department of Veterans Affairs'' for
''Administrator'' and ''Veterans' Administration'', respectively, and
inserted ''of Defense'' after ''established by the Secretary''.
1983 -- Subsec. (d). Pub. L. 98-160 inserted ''of this title'' after
''section 1631(a)''.
1982 -- Subsec. (d). Pub. L. 97-306, 210, substituted ''$100'' for
''$75''.
Subsec. (e). Pub. L. 97-306, 209, added subsec. (e).
1980 -- Subsec. (a). Pub. L. 96-466, 406(a), substituted ''Except
as provided in subsections (c) and (d) of this section, each'' for
''Each'', ''$25'' for ''$50'', and ''$100'' for ''$75''.
Subsec. (c). Pub. L. 96-466, 406(b), inserted '', including
contributions in lieu of, or to reduce the amount of, monthly deductions
under subsection (a) of this section'' after ''Armed Forces''.
Subsec. (d). Pub. L. 96-466, 406(c), added subsec. (d).
1976 -- Subsec. (b). Pub. L. 94-502 substituted ''Department of
Defense'' for ''Veterans' Administration''.
Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section
802(d)(2) of Pub. L. 96-466, set out as a note under section 3224 of
this title.
Amendment by Pub. L. 94-502 effective Jan. 1, 1982, because new
enrollments after Dec. 31, 1981, in the educational assistance program
provided by this chapter, were authorized after application of
provisions of section 408(a) of Pub. L. 94-502, see section 408(b) of
Pub. L. 94-502, set out as a note under section 3221 of this title.
Pub. L. 101-366, title II, 207, Aug. 15, 1990, 104 Stat. 442, as
amended by Pub. L. 102-83, 5(c)(2), Aug. 6, 1991, 105 Stat. 406,
provided that:
''(a) In General. -- Upon receipt before January 1, 1992, of an
application from an individual described in subsection (b)(3), the
Secretary of Veterans Affairs shall --
''(1) not later than 60 days after receiving such application, refund
to the individual concerned the amount, if any, of the individual's
unused contributions to the VEAP Account;
''(2)(A) if the individual has received educational assistance under
chapter 32 of title 38, United States Code, for the pursuit of a program
of education, pay to the individual (out of funds appropriated to the
readjustment benefits account) a sum equal to the amount by which the
amount of the educational assistance that the individual would have
received under chapter 34 of such title for the pursuit of such program
exceeds the amount of the educational assistance that the individual did
receive under such chapter 32 for the pursuit of such program; or
''(B) if the individual has not received educational assistance under
such chapter 32, pay to the individual (out of funds appropriated to the
Department of Veterans Affairs Readjustment Benefits account) a sum
equal to the amount of educational assistance that the individual would
have received under chapter 34 of such title for the pursuit of a
program of education if the individual had been entitled to assistance
under such program during the period ending on December 31, 1989; and
''(3) refund to the Secretary of Defense the unused contributions by
such Secretary to the VEAP Account on behalf of such individual.
''(b) Definitions. -- For purposes of this section --
''(1) the term 'VEAP Account' means the Post-Vietnam Era Veterans
Education Account established pursuant to section 3222(a) (formerly
1622(a)) of title 38, United States Code;
''(2) the term 'active duty' has the same meaning given such term by
section 101(21) of such title 38;
''(3) the term 'individual described in subsection (b)(3)' means an
individual who --
''(A) before January 1, 1977, commenced the third academic year as a
cadet or midshipman at one of the service academies or the third
academic year as a member of the Senior Reserve Officers' Training Corps
in a program of educational assistance under section 2104 or 2107 of
title 10, United States Code;
''(B) served on active duty for a period of more than 180 days
pursuant to an appointment as a commissioned officer received upon
graduation from one of the service academies or upon satisfactory
completion of advanced training (as defined in section 2101 of such
title 10) as a member of the Senior Reserve Officers' Training Corps;
''(C) after such period of active duty, was discharged or released
therefrom under conditions other than dishonorable or continued to serve
on active duty without a break in service; and
''(D) if enrolled under the program of educational assistance
provided under chapter 32 of title 38, United States Code, submits to
the Secretary of Veterans Affairs, as part of the application made by
the individual under subsection (a) in such form and manner as such
Secretary shall prescribe by January 1, 1991, an irrevocable election to
be disenrolled from such program at that time; and
''(4) the term 'service academies' means the United States Military
Academy, the United States Naval Academy, the United States Air Force
Academy, and the United States Coast Guard Academy.''
Contribution by Secretary; Manner, Scope, Etc., of
Payments
Manner, scope, etc., of payments by Secretary in lieu of payments of
monthly contributions by persons participating in educational assistance
program, see section 903 of Pub. L. 96-342, set out as a note under
section 2141 of Title 10, Armed Forces.
For provisions of section 408(b) of Pub. L. 94-502 directing that
''Department of Defense'' be substituted for ''Veterans'
Administration'' in subsec. (b) of this section, effective Jan. 1,
1982, if new enrollments after Dec. 31, 1981, in the educational
assistance program provided by this chapter are authorized after
application of section 408(a) of Pub. L. 94-502, see section 408 of
Pub. L. 94-502, set out as a note under section 3221 of this title.
38 USC 3223. Refunds of contributions upon disenrollment
TITLE 38 -- VETERANS' BENEFITS
(a) Contributions made to the program by a participant may be
refunded only after the participant has disenrolled from the program or
as provided in section 3224 of this title.
(b) If a participant disenrolls from the program prior to discharge
or release from active duty, such participant's contributions will be
refunded on the date of the participant's discharge or release from
active duty or within 60 days of receipt of notice by the Secretary of
the participant's discharge or disenrollment, except that refunds may be
made earlier in instances of hardship or other good reason as prescribed
in regulations issued jointly by the Secretary and the Secretary of
Defense.
(c) If a participant disenrolls from the program after discharge or
release from active duty, the participant's contributions shall be
refunded within 60 days of receipt of an application for a refund from
the participant.
(d) In the event the participant (1) dies while on active duty, (2)
dies after discharge or release from active duty, or (3) disenrolls or
is disenrolled from the program without having utilized any entitlement,
the participant may have accrued under the program, or, in the event the
participant utilizes part of such participant's entitlement and
disenrolls or is disenrolled from the program, the amount contributed by
the Secretary of Defense under the authority of section 3222(c) of this
title remaining in the fund shall be refunded to such Secretary.
(Added Pub. L. 94-502, title IV, 404, Oct. 15, 1976, 90 Stat. 2395,
1623; amended Pub. L. 98-160, title VII, 702(7), Nov. 21, 1983, 97
Stat. 1009; Pub. L. 101-237, title IV, 423(b)(1)(A), (4)(A), (7), Dec.
18, 1989, 103 Stat. 2092, 2093; renumbered 3223 and amended Pub. L.
102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 1623 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''3224'' for
''1624''.
Subsec. (d). Pub. L. 102-83, 5(c)(1), substituted ''3222(c)'' for
''1622(c)''.
1989 -- Subsec. (b). Pub. L. 101-237, 423(b)(1)(A), (4)(A),
substituted ''Secretary'' for ''Administrator'' wherever appearing and
inserted ''of Defense'' after ''Secretary'' at end.
Subsec. (d). Pub. L. 101-237, 423(b)(7), inserted ''of Defense''
after first reference to ''Secretary'' and substituted ''such'' for
''the'' before second reference to ''Secretary''.
1983 -- Subsec. (a). Pub. L. 98-160 inserted ''of this title'' after
''section 1624''.
Subsec. (d). Pub. L. 98-160 inserted ''of this title'' after
''section 1622(c)''.
38 USC 3224. Death of participant
TITLE 38 -- VETERANS' BENEFITS
In the event of a participant's death, the amount of such
participant's unused contributions to the fund shall be paid to the
living person or persons first listed below:
(1) The beneficiary or beneficiaries designated by such participant
under such participant's Servicemen's Group Life Insurance policy.
(2) The surviving spouse of the participant.
(3) The surviving child or children of the participant, in equal
shares.
(4) The surviving parent or parents of the participant, in equal
shares.
If there is no such person living, such amount shall be paid to such
participant's estate.
(Added Pub. L. 94-502, title IV, 404, Oct. 15, 1976, 90 Stat. 2395,
1624; amended Pub. L. 96-466, title IV, 402, Oct. 17, 1980, 94 Stat.
2201; renumbered 3224, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat.
406.)
1991 -- Pub. L. 102-83 renumbered section 1624 of this title as this
section.
1980 -- Pub. L. 96-466 expanded provisions to require payment of a
participant's unused contributions to the fund to the surviving spouse,
the surviving child or children, or to the surviving parent or parents
before payment of such amount to the participant's estate.
Section 802(d)(2) of Pub. L. 96-466 provided that: ''The amendments
made by sections 402 through 406 (amending this section and sections
1622, 1631, and 1641 (now 3222, 3231, and 3241) of this title) shall
become effective on October 1, 1980.''
38 USC 3225. Discharge or release under conditions which would bar the
use of benefits
TITLE 38 -- VETERANS' BENEFITS
If a participant in the program is discharged or released from active
duty under dishonorable conditions, such participant is automatically
disenrolled and any contributions made by such participant shall be
refunded to such participant on the date of such participant's discharge
or release from active duty or within 60 days from receipt of notice by
the Secretary of such discharge or release, whichever is later.
(Added Pub. L. 94-502, title IV, 404, Oct. 15, 1976, 90 Stat. 2396,
1625; amended Pub. L. 101-237, title IV, 423(b)(1)(A), Dec. 18,
1989, 103 Stat. 2092; renumbered 3225, Pub. L. 102-83, 5(a), Aug. 6,
1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 1625 of this title as this
section.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator''.
38 USC SUBCHAPTER III -- ENTITLEMENT; DURATION
TITLE 38 -- VETERANS' BENEFITS
38 USC 3231. Entitlement; loan eligibility
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Subject to the provisions of section 3695 of this title
limiting the aggregate period for which any person may receive
assistance under two or more programs of educational or vocational
assistance administered by the Department of Veterans Affairs, a
participant shall be entitled to a maximum of 36 monthly benefit
payments (or their equivalent in the event of part-time benefits).
(2) Except as provided in paragraph (5)(E) of this subsection and in
subsection (f) of this section and section 3233 of this title and
subject to section 3241 of this title, the amount of the monthly payment
to which any eligible veteran is entitled shall be ascertained by (A)
adding all contributions made to the fund by the eligible veteran, (B)
multiplying the sum by 3, (C) adding all contributions made to the fund
for such veteran by the Secretary of Defense, and (D) dividing the sum
by the lesser of 36 or the number of months in which contributions were
made by such veteran.
(3) Payment of benefits under this chapter may be made only for
periods of time during which an eligible veteran is actually enrolled in
and pursuing an approved program of education and, except as provided in
paragraph (4), only after an eligible veteran has been discharged or
released from active duty.
(4) Payment of benefits under this chapter may be made after a
participant has completed his or her first obligated period of active
duty (which began after December 31, 1976), or 6 years of active duty
(which began after December 31, 1976), whichever period is less.
(5)(A) Notwithstanding any other provision of this chapter or chapter
36 of this title, any payment of an educational assistance allowance
described in subparagraph (B) of this paragraph --
(i) shall not be charged against the entitlement of any eligible
veteran under this chapter; and
(ii) shall not be counted toward the aggregate period for which
section 3695 of this title limits an individual's receipt of assistance.
(B) The payment of an educational assistance allowance referred to in
subparagraph (A) of this paragraph is any payment of a monthly benefit
under this chapter to an eligible veteran for pursuit of a course or
courses under this chapter if the Secretary finds that the eligible
veteran --
(i) in the case of a person not serving on active duty, had to
discontinue such course pursuit as a result of being ordered, in
connection with the Persian Gulf War, to serve on active duty under
section 672(a), (d), or (g), 673, 673b, or 688 of title 10; or
(ii) in the case of a person serving on active duty, had to
discontinue such course pursuit as a result of being ordered, in
connection with such War, to a new duty location or assignment or to
perform an increased amount of work; and
(iii) failed to receive credit or training time toward completion of
the individual's approved educational, professional, or vocational
objective as a result of having to discontinue, as described in clause
(i) or (ii) of this subparagraph, his or her course pursuit.
(C) The period for which, by reason of this subsection, an
educational assistance allowance is not charged against entitlement or
counted toward the applicable aggregate period under section 3695 of
this title shall not exceed the portion of the period of enrollment in
the course or courses for which the individual failed to receive credit
or with respect to which the individual lost training time, as
determined under subparagraph (B)(iii) of this paragraph.
(D) The amount in the fund for each eligible veteran who received a
payment of an educational assistance allowance described in subparagraph
(B) of this paragraph shall be restored to the amount that would have
been in the fund for the veteran if the payment had not been made. For
purposes of carrying out the previous sentence, the Secretary of Defense
shall deposit into the fund, on behalf of each such veteran, an amount
equal to the entire amount of the payment made to the veteran.
(E) In the case of a veteran who discontinues pursuit of a course or
courses as described in subparagraph (B) of this paragraph, the formula
for ascertaining the amount of the monthly payment to which the veteran
is entitled in paragraph (2) of this subsection shall be implemented as
if --
(i) the payment made to the fund by the Secretary of Defense under
subparagraph (D) of this paragraph, and
(ii) any payment for a course or courses described in subparagraph
(B) of this paragraph that was paid out of the fund,
had not been made or paid.
(b) Any enlisted member of the Armed Forces participating in the
program shall be eligible to enroll in a course, courses, or program of
education for the purpose of attaining a secondary school diploma (or an
equivalency certificate), as authorized by section 3491(a) of this
title, during the last six months of such member's first enlistment and
at any time thereafter.
(c) When an eligible veteran is pursuing a program of education under
this chapter by correspondence, such eligible veteran's entitlement
shall be charged at the rate of 1 month's entitlement for each month of
benefits paid to the eligible veteran (computed on the basis of the
formula provided in subsection (a)(2) of this section).
(d)(1) The amount of the monthly benefit payment to an individual
pursuing a cooperative program under this chapter shall be 80 percent of
the monthly benefit otherwise payable to such individual (computed on
the basis of the formula provided in subsection (a)(2) of this section).
(2) For each month that an individual is paid a monthly benefit
payment for pursuit of a cooperative program under this chapter, the
individual's entitlement under this chapter shall be charged at the rate
80 percent of a month.
(e)(1) Subject to the provisions of paragraph (2) of this subsection,
the amount of the educational assistance benefits paid to an eligible
veteran who is pursuing a program of education under this chapter while
incarcerated in a Federal, State, or local penal institution for
conviction of a felony may not exceed the lesser of (A) such amount as
the Secretary determines, in accordance with regulations which the
Secretary shall prescribe, is necessary to cover the cost of established
charges for tuition and fees required of similarly circumstanced
nonveterans enrolled in the same program and the cost of necessary
supplies, books, and equipment, or (B) the applicable monthly benefit
payment otherwise prescribed in this section or section 3233 of this
title. The amount of the educational assistance benefits payable to a
veteran while so incarcerated shall be reduced to the extent that the
tuition and fees of the veteran for any course are paid under any
Federal program (other than a program administered by the Secretary) or
under any State or local program.
(2) Paragraph (1) of this subsection shall not apply in the case of
any veteran who is pursuing a program of education under this chapter
while residing in a halfway house or participating in a work-release
program in connection with such veteran's conviction of a felony.
(f)(1) Subject to subsection (a)(1) of this section, each individual
who is pursuing a program of education consisting exclusively of flight
training approved as meeting the requirements of section 3241(b) of this
title shall be paid educational assistance under this chapter in the
amount equal to 60 percent of the established charges for tuition and
fees which similarly circumstanced nonveterans enrolled in the same
flight course are required to pay.
(2) No payment may be paid under this chapter to an individual for
any month during which such individual is pursuing a program of
education consisting exclusively of flight training until the Secretary
has received from that individual and the institution providing such
training a certification of the flight training received by the
individual during that month and the tuition and other fees charged for
that training.
(3) The entitlement of an eligible veteran pursuing a program of
education described in paragraph (1) of this subsection shall be charged
at the rate of one month for each amount of educational assistance paid
which is equal to the monthly benefit otherwise payable to such veteran
(computed on the basis of the formula provided in subsection (a)(2) of
this section).
(4) The number of solo flying hours for which an individual may be
paid an educational assistance allowance under this subsection may not
exceed the minimum number of solo flying hours required by the Federal
Aviation Administration for the flight rating or certification which is
the goal of the individual's flight training.
(Added Pub. L. 94-502, title IV, 404, Oct. 15, 1976, 90 Stat. 2396,
1631; amended Pub. L. 96-466, title IV, 403, 404, Oct. 17, 1980, 94
Stat. 2201; Pub. L. 97-35, title XX, 2003(a)(1), 2005(a), Aug. 13,
1981, 95 Stat. 782; Pub. L. 99-576, title III, 310(b)(1), Oct. 28,
1986, 100 Stat. 3271; Pub. L. 100-689, title I, 108(b)(2), 122, Nov.
18, 1988, 102 Stat. 4170, 4174; Pub. L. 101-237, title IV, 423(b)(1),
(4)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102-16, 7(b), Mar. 22,
1991, 105 Stat. 51; renumbered 3231 and amended Pub. L. 102-83,
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-127, 2(b),
Oct. 10, 1991, 105 Stat. 619; Pub. L. 102-568, title III, 310(c), Oct.
29, 1992, 106 Stat. 4330.)
1992 -- Subsec. (f)(1). Pub. L. 102-568, 310(c)(1), struck out
''(other than tuition and fees charged for or attributable to solo
flying hours)'' after ''for tuition and fees''.
Subsec. (f)(4). Pub. L. 102-568, 310(c)(2), added par. (4).
1991 -- Pub. L. 102-83, 5(a), renumbered section 1631 of this title
as this section.
Subsec. (a)(1). Pub. L. 102-83, 5(c)(1), substituted ''3695'' for
''1795''.
Subsec. (a)(2). Pub. L. 102-127, 2(b)(2), inserted ''in paragraph
(5)(E) of this subsection and'' after ''Except as provided''.
Pub. L. 102-83, 5(c)(1), substituted ''3233'' for ''1633'' and
''3241'' for ''1641''.
Pub. L. 102-16, 7(b)(1), inserted ''subsection (f) of this section
and'' after ''Except as provided in''.
Subsec. (a)(5). Pub. L. 102-127, 2(b)(1), added par. (5).
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''3491(a)'' for
''1691(a)''.
Subsec. (e)(1). Pub. L. 102-83, 5(c)(1), substituted ''3233'' for
''1633''.
Subsec. (f). Pub. L. 102-83, 5(c)(1), substituted ''3241(b)'' for
''1641(b)'' in par. (1).
Pub. L. 102-16, 7(b)(2), added subsec. (f).
1989 -- Subsec. (a)(1). Pub. L. 101-237, 423(b)(1)(B), substituted
''Department of Veterans Affairs'' for ''Veterans' Administration''.
Subsec. (a)(2)(C). Pub. L. 101-237, 423(b)(4)(A), inserted ''of
Defense'' after ''Secretary''.
Subsec. (e)(1). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary'' for ''Administrator'' wherever appearing.
1988 -- Subsec. (d). Pub. L. 100-689, 108(b)(2), added subsec.
(d).
Subsec. (e). Pub. L. 100-689, 122, added subsec. (e).
1986 -- Subsec. (a)(2). Pub. L. 99-576 substituted ''Except as
provided in section 1633 of this title and subject to section 1641 of
this title, the'' for ''The''.
1981 -- Subsec. (c). Pub. L. 97-35, 2003(a)(1), struck out
applicability to a program of flight training.
Subsec. (d). Pub. L. 97-35, 2005(a), struck out subsec. (d) which
related to eligibility of veterans for loans authorized by subchapter
III of chapter 36 of this title.
1980 -- Subsec. (a)(1). Pub. L. 96-466, 404, inserted reference to
provisions of section 1795 of this title limiting the aggregate period
for which any person may receive assistance under two or more programs
of educational or vocational assistance administered by the Veterans'
Administration, and substituted reference to part-time benefits, for
reference to part-time benefit payments.
Subsec. (b). Pub. L. 96-466, 403, substituted reference to enrolling
in a course, courses, or program of education for the purpose of
attaining a secondary school diploma or an equivalency certificate
during the last six months of such member's first enlistment and at any
time thereafter, for reference to participating in the Predischarge
Education Program authorized by subchapter VI of chapter 34 of this
title during the last 6 months of such member's first enlistment.
Amendment by Pub. L. 102-568 applicable to flight training received
under this chapter, chapter 30 of this title, and chapter 106 of Title
10, Armed Forces, after Sept. 30, 1992, see section 310(d) of Pub. L.
102-568, set out as a note under section 2131 of Title 10.
Section 7(c) of Pub. L. 102-16 provided that: ''The amendments made
by this section (amending this section and section 1641 (now 3241) of
this title) shall take effect on April 1, 1991.''
Amendment by section 108(b)(2) of Pub. L. 100-689 effective Jan. 1,
1989, see section 108(c) of Pub. L. 100-689, set out as a note under
section 3002 of this title.
Section 2006 of Pub. L. 97-35 provided that:
''(a) Except as provided in subsection (b), the amendments made by
sections 2003 (amending this section and sections 1641, 1662, 1673,
1681, 1682, and 1780 (now 3241, 3462, 3473, 3481, 3482, and 3680) of
this title and repealing section 1677 of this title) and 2005 (amending
this section and sections 1686 (repealed), 1737 (repealed), and 1798
(now 3698) of this title) shall take effect on October 1, 1981.
''(b) The amendments made by such sections shall not apply to any
person receiving educational assistance under section 1677 (now 3477) of
title 38, United States Code, as such section was in effect on August
31, 1981, for the pursuit of a program of education (as defined in
section 1652(b) (now 3452(b)) of such title) in which such person was
enrolled on that date, for as long as such person is continuously
thereafter so enrolled and meets the requirements of eligibility for
such assistance for the pursuit of such program under the provisions of
chapters 34 and 36 of such title, as in effect on that date.''
Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section
802(d)(2) of Pub. L. 96-466, set out as a note under section 3224 of
this title.
38 USC 3232. Duration; limitations
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Except as provided in paragraphs (2) and (3), and subject to
paragraph (4), of this subsection, educational assistance benefits shall
not be afforded an eligible veteran under this chapter more than 10
years after the date of such veteran's last discharge or release from
active duty.
(2)(A) If any eligible veteran was prevented from initiating or
completing such veteran's chosen program of education during the
delimiting period determined under paragraph (1) of this subsection
because of a physical or mental disability which was not the result of
such veteran's own willful misconduct, such veteran shall, upon
application made in accordance with subparagraph (B) of this paragraph,
be granted an extension of the applicable delimiting period for such
length of time as the Secretary determines, from the evidence, that such
veteran was so prevented from initiating or completing such program of
education.
(B) An extension of the delimiting period applicable to an eligible
veteran may be granted under subparagraph (A) of this paragraph by
reason of the veteran's mental or physical disability only if the
veteran submits an application for such extension to the Secretary
within one year after (i) the last date of the delimiting period
otherwise applicable to the veteran under paragraph (1) of this
subsection, or (ii) the termination date of the period of the veteran's
mental or physical disability, whichever is later.
(3) When an extension of the applicable delimiting period is granted
an eligible veteran under paragraph (2) of this subsection, the
delimiting period with respect to such veteran shall again begin to run
on the first day after such veteran's recovery from such disability on
which it is reasonably feasible, as determined in accordance with
regulations prescribed by the Secretary, for such veteran to initiate or
resume pursuit of a program of education with educational assistance
under this chapter.
(4) For purposes of paragraph (1) of this subsection, a veteran's
last discharge or release from active duty shall not include any
discharge or release from a period of active duty of less than 90 days
of continuous service unless the individual involved is discharged or
released for a service-connected disability, for a medical condition
which preexisted such service and which the Secretary determines is not
service connected, for hardship, or as a result of a reduction in force
as described in section 3011(a)(1)(A)(ii)(III) of this title.
(b)(1) In the event that an eligible veteran has not utilized any or
all of such veteran's entitlement by the end of the delimiting period
applicable to the veteran under subsection (a) of this section and at
the end of one year thereafter has not filed a claim for utilizing such
entitlement, such eligible veteran is automatically disenrolled.
(2)(A) Any contributions which were made by a veteran disenrolled
under paragraph (1) of this subsection and remain in the fund shall be
refunded to the veteran after notice of disenrollment is transmitted to
the veteran and the veteran applies for such refund.
(B) If no application for refund of contributions under subparagraph
(A) of this paragraph is received from a disenrolled veteran within one
year after the date the notice referred to in such subparagraph is
transmitted to the veteran, it shall be presumed, for the purposes of
section 1322(a) of title 31, that the veteran's whereabouts is unknown
and the funds shall be transferred as provided in such section.
(Added Pub. L. 94-502, title IV, 404, Oct. 15, 1976, 90 Stat. 2396,
1632; amended Pub. L. 97-258, 3(k)(2), Sept. 13, 1982, 96 Stat. 1065;
Pub. L. 98-160, title VII, 702(8), Nov. 21, 1983, 97 Stat 1009; Pub.
L. 99-576, title III, 311, Oct. 28, 1986, 100 Stat. 3272; Pub. L.
101-237, title IV, 420(a)(2), 423(b)(1)(A), Dec. 18, 1989, 103 Stat.
2087, 2092; Pub. L. 102-16, 4, Mar. 22, 1991, 105 Stat. 49;
renumbered 3232 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 1632 of this title
as this section.
Subsec. (a)(4). Pub. L. 102-83, 5(c)(1), substituted
''3011(a)(1)(A)(ii)(III)'' for ''1411(a)(1)(A)(ii)(III)''.
Subsec. (b)(1). Pub. L. 102-16 inserted before comma ''and at the end
of one year thereafter has not filed a claim for utilizing such
entitlement''.
1989 -- Subsec. (a)(1). Pub. L. 101-237, 420(a)(2)(B), inserted '',
and subject to paragraph (4),'' before ''of this subsection''.
Subsec. (a)(2), (3). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (a)(4). Pub. L. 101-237, 420(a)(2)(A), added par. (4).
1986 -- Pub. L. 99-576 amended section generally. Prior to
amendment, section read as follows: ''No educational assistance
benefits shall be afforded an eligible veteran under this chapter beyond
the date of 10 years after such veteran's last discharge or release from
active duty. In the event an eligible veteran has not utilized any or
all of such veterans' entitlement by the end of the 10-year period, such
eligible veteran is automatically disenrolled and any contributions made
by such veteran remaining in the fund shall be refunded to the veteran
following notice to the veteran and an application by the veteran for
such refund. If no application is received within 1 year from date of
notice, it will be presumed for the purposes of section 1322(a) of title
31 that the individual's whereabouts is unknown and the funds shall be
transferred as directed in such section.''
1983 -- Pub. L. 98-160 struck out the comma after ''title 31'' and
substituted ''such section'' for ''section 1322(a)''.
1982 -- Pub. L. 97-258 substituted ''section 1322(a) of title 31''
and ''section 1322(a)'' for ''subsection (a) of section 725s of title
31'' and ''the last proviso of that subsection'', respectively.
38 USC 3233. Apprenticeship or other on-job training
TITLE 38 -- VETERANS' BENEFITS
(a) Except as provided in subsection (b) of this section, the amount
of the monthly benefit payment to an individual pursuing a full-time
program of apprenticeship or other on-job training under this chapter is
--
(1) for each of the first six months of the individual's pursuit of
such program, 75 percent of the monthly benefit payment otherwise
payable to such individual under this chapter;
(2) for each of the second six months of the individual's pursuit of
such program, 55 percent of such monthly benefit payment; and
(3) for each of the months following the first 12 months of the
individual's pursuit of such program, 35 percent of such monthly benefit
payment.
(b) In any month in which an individual pursuing a program of
education consisting of a program of apprenticeship or other on-job
training fails to complete 120 hours of training, the amount of the
monthly benefit payment payable under this chapter to the individual
shall be limited to the same proportion of the applicable rate
determined under subsection (a) of this section as the number of hours
worked during such month, rounded to the nearest eight hours, bears to
120 hours.
(c) For each month that an individual is paid a monthly benefit
payment under this chapter, the individual's entitlement under this
chapter shall be charged at the rate of --
(1) 75 percent of a month in the case of payments made in accordance
with subsection (a)(1) of this section;
(2) 55 percent of a month in the case of payments made in accordance
with subsection (a)(2) of this section; and
(3) 35 percent of a month in the case of payments made in accordance
with subsection (a)(3) of this section.
(d) For any month in which an individual fails to complete 120 hours
of training, the entitlement otherwise chargeable under subsection (c)
of this section shall be reduced in the same proportion as the monthly
benefit payment payable is reduced under subsection (b) of this section.
(Added Pub. L. 99-576, title III, 310(b)(2), Oct. 28, 1986, 100
Stat. 3271, 1633; amended Pub. L. 101-237, title IV, 423(a)(7), Dec.
18, 1989, 103 Stat. 2091; renumbered 3233, Pub. L. 102-83, 5(a), Aug.
6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83 renumbered section 1633 of this title as this
section.
1989 -- Subsec. (d). Pub. L. 101-237 added subsec. (d).
38 USC 3234. Tutorial assistance
TITLE 38 -- VETERANS' BENEFITS
(a) An individual entitled to benefits under this chapter shall also
be entitled to the benefits provided an eligible veteran under section
3492 of this title, subject to the conditions applicable to an eligible
veteran under such section. Any amount paid to an individual under this
section shall be in addition to the amount of other benefits paid under
this chapter.
(b) An individual's period of entitlement to educational assistance
under this chapter shall be charged only with respect to the amount of
educational assistance paid to the individual under this section in
excess of $600.
(c) An individual's period of entitlement to educational assistance
under this chapter shall be charged at the rate of one month for each
amount of assistance paid to the individual under this section in excess
of $600 that is equal to the amount of monthly educational assistance
the individual is otherwise eligible to receive for full-time pursuit of
an institutional course under this chapter.
(d) Payments of benefits under this section shall be made --
(1) in the case of the first $600 of such benefits paid to an
individual, from funds appropriated, or otherwise available, to the
Department of Veterans Affairs for the payment of readjustment benefits;
and
(2) in the case of payments to an individual for such benefits in
excess of $600, from the fund from contributions made to the fund by the
veteran and by the Secretary of Defense in the same proportion as these
contributions are used to pay other educational assistance to the
individual under this chapter.
(Added Pub. L. 100-689, title I, 107(b)(1), Nov. 18, 1988, 102 Stat.
4168, 1634; amended Pub. L. 101-237, title IV, 423(b)(1)(B), Dec. 18,
1989, 103 Stat. 2092; renumbered 3234 and amended Pub. L. 102-83,
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
1991 -- Pub. L. 102-83, 5(a), renumbered section 1634 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''3492'' for
''1692''.
1989 -- Subsec. (d)(1). Pub. L. 101-237 substituted ''Department of
Veterans Affairs'' for ''Veterans' Administration''.
38 USC SUBCHAPTER IV -- ADMINISTRATION
TITLE 38 -- VETERANS' BENEFITS
38 USC 3241. Requirements
TITLE 38 -- VETERANS' BENEFITS
(a)(1) The provisions of sections 3470, 3471, 3474, 3476, 3483, 3485,
and 3491(a)(1) of this title and the provisions of chapter 36 of this
title (with the exception of section 3687) shall be applicable with
respect to individuals who are pursuing programs of education while
serving on active duty.
(2) The Secretary may, without regard to the application to this
chapter of so much of the provisions of section 3471 of this title as
prohibit the enrollment of an eligible veteran in a program of education
in which the veteran is ''already qualified'', and pursuant to such
regulations as the Secretary shall prescribe, approve the enrollment of
such individual in refresher courses (including courses which will
permit such individual to update knowledge and skills or be instructed
in the technological advances which have occurred in the individual's
field of employment during and since the period of such veteran's active
military service), deficiency courses, or other preparatory or special
education or training courses necessary to enable the individual to
pursue an approved program of education.
(b)(1) The Secretary may approve the pursuit of flight training (in
addition to a course of flight training that may be approved under
section 3680A(b) of this title) by an individual entitled to basic
educational assistance under this chapter if --
(A) such training is generally accepted as necessary for the
attainment of a recognized vocational objective in the field of
aviation;
(B) the individual possesses a valid pilot's license and meets the
medical requirements necessary for a commercial pilot's license; and
(C) the flight school courses meet Federal Aviation Administration
standards for such courses and are approved by the Federal Aviation
Administration and the State approving agency.
(2) This subsection shall not apply to a course of flight training
that commences on or after October 1, 1994.
(c) The provisions of sections 1663, /1/ 3470, 3471, 3474, 3476,
3483, and 3491(a) (other than clause (1)) of this title and the
provisions of chapter 36 of this title (with the exception of section
3687) shall be applicable with respect to individuals who are pursuing
programs of education following discharge or release from active duty.
(Added Pub. L. 94-502, title IV, 404, Oct. 15, 1976, 90 Stat. 2397,
1641; amended Pub. L. 96-466, title IV, 405, Oct. 17, 1980, 94 Stat.
2202; Pub. L. 97-35, title XX, 2003(a)(2), Aug. 13, 1981, 95 Stat.
782; Pub. L. 99-576, title III, 308(b), 310(c), Oct. 28, 1986, 100
Stat. 3270, 3272; Pub. L. 100-689, title I, 106(b), Nov. 18, 1988,
102 Stat. 4167; Pub. L. 101-237, title IV, 423(a)(5)(B), (b)(1)(A),
Dec. 18, 1989, 103 Stat. 2091, 2092; Pub. L. 102-16, 2(b)(2), 7(a),
Mar. 22, 1991, 105 Stat. 49, 51; renumbered 3241 and amended Pub. L.
102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568,
title III, 313(a)(5), Oct. 29, 1992, 106 Stat. 4332.)
Section 1663 of this title, referred to in subsec. (c), was repealed
by Pub. L. 102-16, 2(b)(1)(A), Mar. 22, 1991, 105 Stat. 49.
1992 -- Subsec. (a)(1). Pub. L. 102-568, 313(a)(5)(A), struck out
''3473,'' after ''3471,''.
Subsec. (b)(1). Pub. L. 102-568, 313(a)(5)(B), substituted
''3680A(b)'' for ''3473(b)''.
Subsec. (c). Pub. L. 102-568, 313(a)(5)(A), struck out ''3473,''
after ''3471,''.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1641 of this title
as this section.
Subsec. (a)(1). Pub. L. 102-83, 5(c)(1), substituted ''3470, 3471,
3473, 3474, 3476, 3483, 3485, and 3491(a)(1)'' for ''1670, 1671, 1673,
1674, 1676, 1683, 1685, and 1691(a)(1)'' and ''3687'' for ''1787''.
Pub. L. 102-16, 2(b)(2), struck out ''1663,'' before ''1670,''.
Subsec. (a)(2). Pub. L. 102-83, 5(c)(1), substituted ''3471'' for
''1671''.
Subsec. (b). Pub. L. 102-83, 5(c)(1), substituted ''3473(b)'' for
''1673(b)'' in par. (1).
Pub. L. 102-16, 7(a)(2), added subsec. (b). Former subsec. (b)
redesignated (c).
Subsec. (c). Pub. L. 102-83, 5(c)(1), substituted ''3470, 3471,
3473, 3474, 3476, 3483, and 3491(a)'' for ''1670, 1671, 1673, 1674,
1676, 1683, and 1691(a)'' and ''3687'' for ''1787''.
Pub. L. 102-16, 7(a)(1), redesignated subsec. (b) as (c).
1989 -- Subsec. (a)(2). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Pub. L. 101-237, 423(a)(5)(B), substituted ''employment during and
since the period of such veteran's active military service)'' for
''employment)''.
1988 -- Subsec. (a). Pub. L. 100-689, 106(b)(1), designated
existing provision as par. (1) and added par. (2).
Subsec. (b). Pub. L. 100-689, 106(b)(2), substituted ''1691(a)
(other than clause (1))'' for ''1691(a)(1)''.
1986 -- Subsec. (a). Pub. L. 99-576, 308(b), 310(c)(1), (2),
designated existing provisions as subsec. (a), substituted ''section
1787) shall be applicable with respect to individuals who are pursuing
programs of education while serving on active duty'' for ''sections
1777, 1780(c), and 1787) shall be applicable to the program'', and
inserted ''1685,'' after ''1683,''.
Subsec. (b). Pub. L. 99-576, 310(c)(3), added subsec. (b).
1981 -- Pub. L. 97-35 struck out references to sections 1677 and
1681(c) of this title.
1980 -- Pub. L. 96-466 inserted ''1663,'' before ''1670,'' and
substituted ''and 1691(a)(1)'' for ''1696, and 1698''.
Amendment by section 7(a) of Pub. L. 102-16 effective Apr. 1, 1991,
see section 7(c) of Pub. L. 102-16, set out as a note under section
3231 of this title.
Amendment by Pub. L. 100-689 effective Aug. 15, 1989, see section
106(d) of Pub. L. 100-689, set out as a note under section 3034 of this
title.
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as
otherwise provided, see section 2006 of Pub. L. 97-35, set out as a
note under section 3231 of this title.
Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section
802(d)(2) of Pub. L. 96-466, set out as a note under section 3224 of
this title.
Amendment by Pub. L. 102-586 not applicable to any person receiving
educational assistance for pursuit of an independent study program in
which the person was enrolled on Oct. 29, 1992, for as long as such
person is continuously thereafter so enrolled and meets requirements of
eligibility for such assistance, see section 313(b) of Pub. L. 102-568,
set out as a note under section 2136 of Title 10, Armed Forces.
/1/ See References in Text note below.
38 USC ( 3242. Vacant)
TITLE 38 -- VETERANS' BENEFITS
Prior to redesignation of sections 1601 to 1643 of this chapter as
sections 3201 to 3243 by Pub. L. 102-83, 5(a), Aug. 6, 1991, 105
Stat. 406, section 1642 of this chapter, added Pub. L. 94-502, title
IV, 404, Oct. 15, 1976, 90 Stat. 2397, and amended Pub. L. 97-295,
4(37), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 101-237, title IV,
423(b)(1)(A), (4)(A), Dec. 18, 1989, 103 Stat. 2092, was repealed by
Pub. L. 102-16, 5(a), Mar. 22, 1991, 105 Stat. 50.
38 USC 3243. Deposits; reports
TITLE 38 -- VETERANS' BENEFITS
Deductions made by the Department of Defense from the military pay of
any participant shall be promptly transferred to the Secretary for
deposit in the fund. The Secretary of Defense shall also submit to the
Secretary a report each month showing the name, service number, and the
amount of the deduction made from the military pay of each initial
enrollee, any contribution made by the Secretary of Defense pursuant to
section 3222(c) of this title, as well as any changes in each
participant's enrollment and/or contribution. The report shall also
include any additional information the Secretary and the Secretary of
Defense deem necessary to administer this program. The Secretary shall
maintain accounts showing contributions made to the fund by individual
participants and by the Secretary of Defense as well as disbursements
made from the fund in the form of benefits.
(Added Pub. L. 94-502, title IV, 404, Oct. 15, 1976, 90 Stat. 2397,
1643; amended Pub. L. 98-160, title VII, 702(9), Nov. 21, 1983, 97
Stat. 1009; Pub. L. 101-237, title IV, 423(b)(1)(A), (4)(D), Dec. 18,
1989, 103 Stat. 2092; renumbered 3243 and amended Pub. L. 102-83,
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
Prior sections 3301 to 3305 and 3311 to 3313, which comprised chapter
57, were renumbered sections 5701 to 5705 and 5711 to 5713,
respectively, of this title.
Prior sections 3401 to 3405, which comprised chapter 59, were
renumbered sections 5901 to 5905, respectively, of this title.
1991 -- Pub. L. 102-83 renumbered section 1643 of this title as this
section and substituted ''3222(c)'' for ''1622(c)''.
1989 -- Pub. L. 101-237 substituted ''Secretary'' for
''Administrator'' wherever appearing and inserted ''of Defense'' after
''Secretary'' in four places.
1983 -- Pub. L. 98-160 inserted ''of this title'' after ''section
1622(c)''.
38 USC CHAPTER 34 -- VETERANS' EDUCATIONAL ASSISTANCE
TITLE 38 -- VETERANS' BENEFITS
Sec.
3451. Purpose.
3452. Definitions.
3461. Eligibility; entitlement; duration.
3462. Time limitations for completing a program of education.
3470. Selection of program.
3471. Applications; approval.
(3473. Repealed.)
3474. Discontinuance for unsatisfactory conduct or progress.
3476. Education outside the United States.
3481. Educational assistance allowance.
3482. Computation of educational assistance allowances.
3483. Approval of courses.
3484. Apprenticeship or other on-job training; correspondence
courses.
3485. Work-study allowance.
3490. Purpose.
3491. Elementary and secondary education and preparatory educational
assistance.
3492. Tutorial assistance.
3493. Effect on educational entitlement.
1992 -- Pub. L. 102-568, title III, 313(a)(3)(B), Oct. 29, 1992,
106 Stat. 4332, struck out item 3473 ''Disapproval of enrollment in
certain courses''.
1991 -- Pub. L. 102-83, 5(b)(1), Aug. 6, 1991, 105 Stat. 406,
renumbered items 1651 to 1693 as 3451 to 3493, respectively.
Pub. L. 102-16, 2(b)(1)(B), Mar. 22, 1991, 105 Stat. 49, struck
out item 1663 ''Educational and vocational counseling''.
1989 -- Pub. L. 101-237, title IV, 405(d)(4)(B), Dec. 18, 1989,
103 Stat. 2082, substituted ''Work-study allowance'' for
''Veteran-student services'' in item 1685.
1988 -- Pub. L. 100-689, title I, 107(c)(2)(B), 124(c)(1), Nov.
18, 1988, 102 Stat. 4169, 4175, substituted ''Tutorial assistance'' for
''Special supplementary assistance'' in item 1692 and struck out items
1682A ''Accelerated payment of educational assistance allowances'' and
1686 ''Education loans''.
1981 -- Pub. L. 97-35, title XX, 2003(b)(3)(B), Aug. 13, 1981, 95
Stat. 782, struck out item 1677 ''Flight training''.
1980 -- Pub. L. 96-466, title VI, 601(a)(2), Oct. 17, 1980, 94
Stat. 2208, struck out ''SUBCHAPTER VI -- PREDISCHARGE EDUCATION
PROGRAM'' heading and items 1695 ''Purpose; definition'', 1696
''Payment of educational assistance allowance'', 1697 ''Educational and
vocational guidance'', and 1698 ''Coordination with and participation by
Department of Defense''.
1977 -- Pub. L. 95-202, title II, 201(c)(1), Nov. 23, 1977, 91
Stat. 1438, added item 1682A.
1976 -- Pub. L. 94-502, title II, 210(4), Oct. 15, 1976, 90 Stat.
2388, renumbered item 1697A as 1698.
1974 -- Pub. L. 93-508, title III, 302(b), Dec. 3, 1974, 88 Stat.
1591, added item 1686.
1972 -- Pub. L. 92-540, title IV, 404(a), Oct. 24, 1972, 86 Stat.
1090, inserted in Subchapter IV heading ''VETERAN-STUDENT SERVICES'',
and substituted in item 1683 ''Approval of courses'' for
''Apprenticeship or other on-job training''; in item 1684
''Apprenticeship or other on-job training; correspondence courses'' for
''Measurement of courses'', and in item 1685 ''Veteran-student
services'' for ''Overcharges by educational institutions'', struck out
item 1672 ''Change of program'', item 1675 ''Period of operation for
approval'', item 1686 ''Approval of courses'', and item 1687
''Discontinuance of allowances'', and added item 1697A.
1970 -- Pub. L. 91-219, title II, 204(b), Mar. 26, 1970, 84 Stat.
81, struck out item 1678 ''Special training for the educationally
disadvantaged'' and added subchapters V and VI.
1967 -- Pub. L. 90-77, title III, 302(c), 304(b), 306(b)(1), Aug.
31, 1967, 81 Stat. 185, 186, 188, added items 1677, 1678, and 1683, and
renumbered former items 1683 to 1686 as 1684 to 1687, respectively.
1966 -- Pub. L. 89-358, 2, Mar. 3, 1966, 80 Stat. 12, added
''CHAPTER 34 -- VETERANS' EDUCATIONAL ASSISTANCE''.
1721.
38 USC SUBCHAPTER I -- PURPOSE -- DEFINITIONS
TITLE 38 -- VETERANS' BENEFITS
38 USC 3451. Purpose
TITLE 38 -- VETERANS' BENEFITS
The Congress of the United States hereby declares that the education
program created by this chapter is for the purpose of (1) enhancing and
making more attractive service in the Armed Forces of the United States,
(2) extending the benefits of a higher education to qualified and
deserving young persons who might not otherwise be able to afford such
an education, (3) providing vocational readjustment and restoring lost
educational opportunities to those service men and women whose careers
have been interrupted or impeded by reason of active duty after January
31, 1955, and (4) aiding such persons in attaining the vocational and
educational status which they might normally have aspired to and
obtained had they not served their country.
(Added Pub. L. 89-358, 2, Mar. 3, 1966, 80 Stat. 12, 1651;
renumbered 3451, Pub. L. 102-83, 5(a), Aug. 6, 1991, 105 Stat. 406.)
Provisions similar to those comprising clauses (3) and (4) of this
section were contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1175, which was classified to former section 1601(c) of this title,
prior to repeal by section 4(a) of Pub. L. 89-358.
1991 -- Pub. L. 102-83 renumbered section 1651 of this title as this
section.
Section 12(a) of Pub. L. 89-358 provided that: ''Except as
otherwise specifically provided, the provisions of this Act (see Tables
for classification) shall take effect on the date of its enactment (Mar.
3, 1966), but no educational assistance allowance shall be payable under
chapter 34 of title 38, United States Code, as added by section 2 of
this Act, for any period before June 1, 1966, nor for the month of June
1966, unless (1) the eligible veteran commenced the pursuit of the
course of education on or after June 1, 1966, or (2) the pursuit of such
course continued through June 30, 1966.''
Section 4(b) of Pub. L. 89-358 provided that: ''Nothing in this Act
or any amendment or repeal made by it (see Tables for classification),
shall affect any right or liability (civil or criminal) which matured
under chapter 33 of this title 38 before the date of enactment of this
Act (Mar. 3, 1966): and all offenses committed, and all penalties and
forfeitures incurred, under any provision of law amended or repealed by
this Act, may be punished or recovered, as the case may be, in the same
manner and with the same effect as if such amendments or repeals had not
been made.''
38 USC 3452. Definitions
TITLE 38 -- VETERANS' BENEFITS
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; or
(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 clause (B) of this paragraph, because of a service-connected
disability.
(2) The requirement of discharge or release, prescribed in paragraph
(1)(A) or (B), shall be waived in the case of any individual who served
more than one hundred and eighty 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 511(d) of title 10 pursuant to an enlistment in
the Army National Guard or the Air National Guard or as a Reserve for
service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine
Corps Reserve, or Coast Guard Reserve unless at some time subsequent to
the completion of such period of active duty for training such
individual served on active duty for a consecutive period of one year or
more (not including any service as a cadet or midshipman at one of the
service academies).
(b) The term ''program of education'' means any curriculum or any
combination of unit courses or subjects pursued at an educational
institution which is generally accepted as necessary to fulfill
requirements for the attainment of a predetermined and identified
educational, professional, or vocational objective. Such term also
means any curriculum of unit courses or subjects pursued at an
educational institution which fulfill requirements for the attainment of
more than one predetermined and identified educational, professional, or
vocational objective if all the objectives pursued are generally
recognized as being reasonably related to a single career field. Such
term also means any unit course or subject, or combination of courses or
subjects, pursued by an eligible veteran at an educational institution,
required by the Administrator of the Small Business Administration as a
condition to obtaining financial assistance under the provisions of
section 7(i)(1) of the Small Business Act (15 U.S.C. 636(i)(1)).
(c) The term ''educational institution'' means any public or private
elementary school, secondary school, vocational school, correspondence
school, business school, junior college, teachers' college, college,
normal school, professional school, university, or scientific or
technical institution, or other institution furnishing education for
adults.
(d) The term ''dependent'' means --
(1) a child of an eligible veteran;
(2) a dependent parent of an eligible veteran; and
(3) the spouse of an eligible veteran.
(e) The term ''training establishment'' means any establishment
providing apprentice or other training on the job, including those under
the supervision of a college or university or any State department of
education, or any State apprenticeship agency, or any State board or
vocational education, or any joint apprenticeship committee, or the
Bureau of Apprenticeship and Training established pursuant to chapter 4C
of title 29, or any agency of the Federal Government authorized to
supervise such training.
(f) The term ''institution of higher learning'' means a college,
university, or similar institution, including a technical or business
school, offering postsecondary level academic instruction that leads to
an associate or higher degree if the school is empowered by the
appropriate State education authority under State law to grant an
associate or higher degree. When there is no State law to authorize the
granting of a degree, the school may be recognized as an institution of
higher learning if it is accredited for degree programs by a recognized
accrediting agency. Such term shall also include a hospital offering
educational programs at the postsecondary level without regard to
whether the hospital grants a postsecondary degree. Such term shall
also include an educational institution which is not located in a State,
which offers a course leading to a standard college degree, or the
equivalent, and which is recognized as such by the secretary of
education (or comparable official) of the country or other jurisdiction
in which the institution is located.
(g) The term ''standard college degree'' means an associate or higher
degree awarded by (1) an institution of higher learning that is
accredited as a collegiate institution by a recognized regional or
national accrediting agency; or (2) an institution of higher learning
that is a ''candidate'' for accreditation as that term is used by the
regional or national accrediting agencies; or (3) an institution of
higher learning upon completion of a course which is accredited by an
agency recognized to accredit specialized degree-level programs. For
the purpose of this section, the accrediting agency must be one
recognized by the Secretary of Education under the provisions of section
3675 of this title.
(Added Pub. L. 89-358, 2, Mar. 3, 1966, 80 Stat. 13, 1652; amended
Pub. L. 90-77, title III, 304(c), Aug. 31, 1967, 81 Stat. 186; Pub.
L. 91-219, title II, 201, Mar. 26, 1970, 84 Stat. 78; Pub. L. 91-584,
10, Dec. 24, 1970, 84 Stat. 1577; Pub. L. 93-508, title II, 201, Dec.
3, 1974, 88 Stat. 1581; Pub. L. 94-502, title II, 202, 210(1),
211(1), title IV, 402, Oct. 15, 1976, 90 Stat. 2385, 2388, 2392; Pub.
L. 96-466, title III, 307(a), title VIII, 801(a), Oct. 17, 1980, 94
Stat. 2193, 2216; Pub. L. 97-295, 4(38), Oct. 12, 1982, 96 Stat. 1307;
renumbered 3452 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 406.)
Provisions similar to those comprising subsecs. (a) to (d) of this
section were contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1174, 1176, which was classified to former sections 1601(a)(2) and
1611(a)(1), and 1601(a)(3), (5), and (6) of this title, respectively,
prior to repeal by section 4(a) of Pub. L. 89-358.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1652 of this title
as this section.
Subsec. (a)(3). Pub. L. 102-83, 5(c)(1), substituted ''3461(a)'' for
''1661(a)''.
Subsec. (g). Pub. L. 102-83, 5(c)(1), substituted ''3675'' for
''1775''.
1982 -- Subsec. (b). Pub. L. 97-295 substituted ''section 7(i)(1) of
the Small Business Act (15 U.S.C. 636(i)(1))'' for ''402(a) of the
Economic Opportunity Act of 1964 (42 U.S.C. 2902(a))''.
1980 -- Pub. L. 96-466, 801(a)(1), inserted ''and chapter 36 of
this title'' after ''chapter'' in introductory text.
Subsec. (e). Pub. L. 96-466, 801(a)(2), substituted ''The'' for
''For the purposes of this chapter and chapter 36 of this title, the''.
Subsec. (f). Pub. L. 96-466, 307(a), 801(a)(2), substituted ''The''
for ''For the purposes of this chapter and chapter 36 of this title,
the'' and inserted provision including within ''institution of higher
learning'' an educational institution which is not located in a State,
which offers a course leading to a standard college degree, or the
equivalent, and which is recognized as such by the secretary of
education (or comparable official) of the country or other jurisdiction
in which the institution is located.
Subsec. (g). Pub. L. 96-466, 801(a)(2), (3), substituted ''The'' for
''For the purposes of this chapter and chapter 36 of this title, the''
and ''Secretary of Education'' for ''Commissioner of Education''.
1976 -- Subsec. (a)(1). Pub. L. 94-502, 402(1), restricted the
definition of an eligible veteran to a veteran who commenced his active
duty requirement after Jan. 31, 1955 but before Jan. 1, 1977, with the
exception of a veteran who enlisted or was assigned to a reserve
component before Jan. 1, 1977 and commenced his active duty requirement
within 12 months following Jan. 1, 1977.
Subsec. (a)(2). Pub. L. 94-502, 211(1), 402(2), substituted ''such
individual'' for ''he'' and inserted ''or (B)'' after ''paragraph
(1)(A)''.
Subsec. (d)(3). Pub. L. 94-502, 211(1), substituted ''spouse'' for
''wife''.
Subsec. (e). Pub. L. 94-502, 210(1), struck out ''United States
Code,'' after ''chapter 4C of title 29,''.
Subsecs. (f), (g). Pub. L. 94-502, 202, added subsecs. (f) and
(g).
1974 -- Subsec. (a)(3). Pub. L. 93-508 substituted ''Coast Guard
Reserve unless at some time subsequent to the completion of such period
of active duty for training such individual served on active duty for a
consecutive period of one year or more (not including any service as a
cadet or midshipman at one of the service academies)'' for ''Coast Guard
Reserve''.
1970 -- Subsec. (a)(2). Pub. L. 91-584, 10(1), substituted ''more
than one hundred eighty days'' for ''at least two years''.
Subsec. (b). Pub. L. 91-584, 10(2), expanded the definition of
''program of education'' to include unit course or subject, or
combination of courses or subjects, pursued by eligible veterans at an
educational institution, required by the Administrator of the Small
Business Administration as a condition to obtaining financial assistance
under section 2902(a) of title 42.
Pub. L. 91-219, 201(a), provided that a program of education may
include more than one predetermined and identified educational,
professional, or vocational objective if all the objectives pursued are
generally recognized as being reasonably related to single career field.
Subsec. (c). Pub. L. 91-219, 201(b), included within the term
''educational institution'' any public or private ''elementary'' school,
and substituted ''other institution furnishing education for adults'',
for ''any other institution if it furnishes education at the secondary
school level or above''.
1967 -- Subsec. (e). Pub. L. 90-77 added subsec. (e).
Section 802(c) of Pub. L. 96-466 provided that:
''(1) Except as provided in paragraph (2), the amendments made by
title III (see Tables for classification) shall become effective on
October 1, 1980.
''(2) Paragraph (2) of section 1691(a) (probably means 1691(b), now
3491(b)) of title 38, United States Code, as added by section 311(2),
shall not apply to any person receiving educational assistance under
chapter 34 of title 38, United States Code, on October 1, 1980, for the
pursuit of a program of education, as defined in section 1652(b) (now
3452(b)) of such title, in which such person is enrolled on that date,
for as long as such person continuously thereafter is so enrolled and
meets the requirements of eligibility for such assistance for pursuit of
such program.''
Section 802(h) of Pub. L. 96-466 provided that: ''Section 801 (see
Tables for classification) shall become effective on October 1, 1980.''
Amendment by sections 202, 210(1), and 211(1) of Pub. L. 94-502
effective Oct. 15, 1976, see section 703(b) of Pub. L. 94-502, set out
as an Effective Date note under section 3693 of this title.
Amendment by section 402 of Pub. L. 94-502 effective Jan. 1, 1977,
see section 406 of Pub. L. 94-502, set out as an Effective Date note
under section 3201 of this title.
Section 503 of Pub. L. 93-508 provided that: ''Titles II and IV of
this Act (see Tables for classification) shall become effective on the
date of their enactment (Dec. 3, 1974).''
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
section 1070d.
38 USC SUBCHAPTER II -- ELIGIBILITY AND ENTITLEMENT
TITLE 38 -- VETERANS' BENEFITS
38 USC 3461. Eligibility; entitlement; duration
TITLE 38 -- VETERANS' BENEFITS
38 USC Entitlement
TITLE 38 -- VETERANS' BENEFITS
(a) Except as provided in subsection (c) and in the second sentence
of this subsection, each eligible veteran shall be entitled to
educational assistance under this chapter or chapter 36 for a period of
one and one-half months (or the equivalent thereof in part-time
educational assistance) for each month or fraction thereof of the
veteran's service on active duty after January 31, 1955. If an eligible
veteran has served a period of 18 months or more on active duty after
January 31, 1955, and has been released from such service under
conditions that would satisfy the veteran's active duty obligation, the
veteran shall be entitled to educational assistance under this chapter
for a period of 45 months (or the equivalent thereof in part-time
educational assistance). In the case of any person serving on active
duty on December 31, 1976, or a person whose eligibility is based on
section 3452(a)(1)(B) of this chapter, the ending date for computing
such person's entitlement shall be the date of such person's first
discharge or release from active duty after December 31, 1976.
38 USC Entitlement Limitations
TITLE 38 -- VETERANS' BENEFITS
(b) Whenever the period of entitlement under this section of an
eligible veteran who is enrolled in an educational institution regularly
operated on the quarter or semester system ends during a quarter or
semester, such period shall be extended to the termination of such
unexpired quarter or semester. In educational institutions not operated
on the quarter or semester system, whenever the period of eligibility
ends after a major portion of the course is completed such period shall
be extended to the end of the course or for twelve weeks, whichever is
the lesser period.
(c) Except as provided in subsection (b) and in subchapter V of this
chapter, no eligible veteran shall receive educational assistance under
this chapter in excess of 45 months.
(Added Pub. L. 89-358, 2, Mar. 3, 1966, 80 Stat. 13, 1661; amended
Pub. L. 90-77, title III, 306(b)(2), Aug. 31, 1967, 81 Stat. 188;
Pub. L. 90-631, 1(b), Oct. 23, 1968, 82 Stat. 1331; Pub. L. 91-219,
title II, 204(a)(1), Mar. 26, 1970, 84 Stat. 79; Pub. L. 92-540,
title IV, 401(1), Oct. 24, 1972, 86 Stat. 1089; Pub. L. 93-508, title
II, 202, Dec. 3, 1974, 88 Stat. 1581; Pub. L. 94-502, title II, 203,
211(2), title IV, 403(a), Oct. 15, 1976, 90 Stat. 2386, 2388, 2393;
Pub. L. 96-466, title VI, 601(b), Oct. 17, 1980, 94 Stat. 2208;
renumbered 3461 and amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 406.)
Provisions similar to those comprising subsecs. (a) to (c) of this
section were contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1176, which was classified to former sections 1610 and 1611(a),
1611(a)(2), (3), and 1611(b) of this title, respectively, prior to
repeal by section 4(a) of Pub. L. 89-358.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1661 of this title
as this section.
Subsec. (a). Pub. L. 102-83, 5(c)(1), substituted ''3452(a)(1)(B)''
for ''1652(a)(1)(B)''.
1980 -- Subsec. (c). Pub. L. 96-466 substituted ''subchapter V of
this chapter'' for ''subchapters V and VI of this chapter''.
1976 -- Subsec. (a). Pub. L. 94-502, 203(1), 211(2), 403(a),
substituted ''45 months'' for ''36 months'', ''the veteran's'' for
''his'' in two places, and ''the veteran'' for ''he'', inserted
provision establishing the final date of entitlement for person serving
on active duty on Dec. 31, 1976 or whose eligibility is based on
section 1652(a)(1)(B) of this title as the date of discharge or release
from active duty after Dec. 31, 1976, and struck out provision which
authorized an additional number of months not exceeding nine to be used
for a program leading to a standard undergraduate degree.
Subsec. (c). Pub. L. 94-502, 203(2), substituted ''subsection (b)''
for ''subsections (a) and (b)'' and ''45 months'' for ''thirty-six
months''.
1974 -- Subsec. (a). Pub. L. 93-508, 202(1), inserted ''plus an
additional number of months, not exceeding nine, as may be utilized in
pursuit of a program of education leading to a standard undergraduate
college degree''.
Subsec. (c). Pub. L. 93-508, 202(2), inserted reference to subsec.
(a).
1972 -- Subsec. (a). Pub. L. 92-540 inserted reference to chapter
36.
1970 -- Subsec. (c). Pub. L. 91-219 substituted ''subchapters V and
VI of this chapter'' for ''section 1678 of this title''.
1968 -- Subsec. (a). Pub. L. 90-631, 1(b)(1), substituted
references to subsec. (c) and the second sentence of this subsec. for
reference to subsec. (b), increased from one month to one and one-half
months the amount of educational assistance each eligible veteran shall
receive for each month or fraction thereof of active duty service after
Jan. 31, 1955, and inserted provisions that an eligible veteran who has
served 18 months or more on active duty after Jan. 31, 1955, and has
been released under conditions that would satisfy his active duty
obligation, shall be entitled to educational assistance under this
chapter for a period of 36 months.
Subsec. (b). Pub. L. 90-631, 1(b)(2), (3), redesignated subsec. (c)
as (b). Former subsec. (b), which set forth entitlement limitations on
the amount of educational assistance an eligible veteran, shall receive
under this chapter, was struck out.
Subsec. (c). Pub. L. 90-631, 1(b), (3), (4), added subsec. (c).
Former subsec. (c) redesignated (b).
Subsec. (d). Pub. L. 90-631, 1(b)(2), struck out subsec. (d) which
required an eligible veteran to elect either educational assistance or
vocational rehabilitation when such veteran is entitled to both, or
becomes entitled to vocational rehabilitation after receiving
educational assistance.
1967 -- Subsec. (b). Pub. L. 90-77 inserted ''and in section 1678 of
this chapter'' after ''subsection (c)''.
Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as
otherwise specifically provided, see section 802(f) of Pub. L. 96-466,
set out as an Effective Date note under section 5314 of this title.
Amendment by sections 203 and 211(2) of Pub. L. 94-502 effective
Oct. 1, 1976, and Oct. 15, 1976, respectively, see section 703(a), (b)
of Pub. L. 94-502, set out as an Effective Date note under section 3693
of this title.
Amendment by section 403(a) of Pub. L. 94-502 effective Jan. 1,
1977, see section 406 of Pub. L. 94-502, set out as a note under
section 3201 of this title.
Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section 503
of Pub. L. 93-508, set out as a note under section 3452 of this title.
Amendment by Pub. L. 90-631 effective first day of second calendar
month which begins after Oct. 23, 1968, see section 6(a) of Pub. L.
90-631, set out as an Effective Date note under section 3500 of this
title.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
38 USC 3462. Time limitations for completing a program of education
TITLE 38 -- VETERANS' BENEFITS
38 USC Delimiting Period for Completion
TITLE 38 -- VETERANS' BENEFITS
(a)(1) Subject to paragraph (4) of this subsection, no educational
assistance shall be afforded an eligible veteran under this chapter
beyond the date 10 years after the veteran's last discharge or release
from active duty after January 31, 1955; except that, in the case of
any eligible veteran who was prevented from initiating or completing
such veteran's chosen program of education within such time period
because of a physical or mental disability which was not the result of
such veteran's own willful misconduct, such veteran shall, upon
application made within one year after (A) the last date of the
delimiting period otherwise applicable under this section, (B) the
termination of the period of such mental or physical disability, or (C)
October 1, 1980, whichever is the latest, be granted an extension of the
applicable delimiting period for such length of time as the Secretary
determines, from the evidence, that such veteran was so prevented from
initiating or completing such program of education. When an extension
of the applicable delimiting period is granted a veteran under the
preceding sentence, the delimiting period with respect to such veteran
will again begin running on the first day following such veteran's
recovery from such disability on which it is reasonably feasible, as
determined in accordance with regulations which the Secretary shall
prescribe, for such veteran to initiate or resume pursuit of a program
of education with educational assistance under this chapter.
(2)(A) Notwithstanding the provisions of paragraph (1) of this
subsection, any veteran shall be permitted to use any of such veteran's
unused entitlement under section 3461 of this title for the purposes of
eligibility for an education loan, pursuant to the provisions of
subchapter III of chapter 36 of this title, after the delimiting date
otherwise applicable to such veteran under such paragraph (1), if such
veteran was pursuing an approved program of education on a full-time
basis at the time of the expiration of such veteran's eligibility.
(B) Notwithstanding any other provision of this chapter or chapter 36
of this title, any veteran whose delimiting period is extended under
subparagraph (A) of this paragraph may continue to use any unused loan
entitlement under this paragraph as long as the veteran continues to be
enrolled on a full-time basis in pursuit of the approved program of
education in which such veteran was enrolled at the time of expiration
of such veteran's eligibility (i) until such entitlement is exhausted,
(ii) until the expiration of two years after November 23, 1977, or the
date of the expiration of the delimiting date otherwise applicable to
such veteran under paragraph (1) of this subsection, whichever is later,
or (iii) until such veteran has completed the approved program of
education in which such veteran was enrolled at the end of the
delimiting period referred to in paragraph (1) of this subsection,
whichever occurs first.
(3)(A) Subject to subparagraph (C) of this paragraph and
notwithstanding the provisions of paragraph (1) of this subsection, an
eligible veteran who served on active duty during the Vietnam era shall
be permitted to use any of such veteran's unused entitlement under
section 3461 of this title for the purpose of pursuing --
(i) a program of apprenticeship or other on-job training;
(ii) a course with an approved vocational objective; or
(iii) a program of secondary education, if the veteran does not have
a secondary school diploma (or an equivalency certificate).
(B) Upon completion of a program or course pursued by virtue of
eligibility provided by this paragraph, the Secretary shall provide the
veteran with such employment counseling as may be necessary to assist
the veteran in obtaining employment consistent with the veteran's
abilities, aptitudes, and interests.
(C)(i) Educational assistance shall be provided a veteran for pursuit
of a program or course described in clause (i) or (ii) of subparagraph
(A) of this paragraph using eligibility provided by this paragraph
unless the Secretary determines, based on an examination of the
veteran's employment and training history, that the veteran is not in
need of such a program or course in order to obtain a reasonably stable
employment situation consistent with the veteran's abilities and
aptitudes. Any such determination shall be made in accordance with
regulations which the Secretary shall prescribe.
(ii) Educational assistance provided a veteran for pursuit of a
program described in clause (iii) of subparagraph (A) of this paragraph
using eligibility provided by this paragraph shall be provided at the
rate determined under section 3491(b)(2) of this title.
(D) Educational assistance may not be provided by virtue of this
paragraph after December 31, 1984.
(4) For purposes of paragraph (1) of this subsection, a veteran's
last discharge or release from active duty shall not include any
discharge or release from a period of active duty of less than 90 days
of continuous service unless the individual involved is discharged or
released for a service-connected disability, for a medical condition
which preexisted such service and which the Secretary determines is not
service connected, for hardship, or as a result of a reduction in force
as described in section 3011(a)(1)(A)(ii)(III) of this title.
38 USC Correction of Discharge
TITLE 38 -- VETERANS' BENEFITS
(b) In the case of any eligible veteran who has been prevented, as
determined by the Secretary, from completing a program of education
under this chapter within the period prescribed by subsection (a),
because the veteran had not met the nature of discharge requirements of
this chapter before a change, correction, or modification of a discharge
or dismissal made pursuant to section 1553 of title 10, the correction
of the military records of the proper service department under section
1552 of title 10, or other corrective action by competent authority,
then the 10-year delimiting period shall run from the date the veteran's
discharge or dismissal was changed, corrected, or modified.
38 USC Savings Clause
TITLE 38 -- VETERANS' BENEFITS
(c) In the case of any eligible veteran who was discharged or
released from active duty before June 1, 1966, the 10-year delimiting
period shall run from such date, if it is later than the date which
otherwise would be applicable. In the case of any eligible veteran who
was discharged or released from active duty before August 31, 1967, and
who pursues a course of farm cooperative training, apprenticeship or
other training on the job, the 10-year delimiting period shall run from
August 31, 1967, if it is later than the date which would otherwise be
applicable.
(d) In the case of any veteran (1) who served on or after January 31,
1955, (2) who became eligible for educational assistance under the
provisions of this chapter or chapter 36 of this title, and (3) who,
subsequent to the veteran's last discharge or release from active duty,
was captured and held as a prisoner of war by a foreign government or
power, there shall be excluded, in computing the veteran's 10-year
period of eligibility for educational assistance, any period during
which the veteran was so detained and any period immediately following
the veteran's release from such detention during which the veteran was
hospitalized at a military, civilian, or Department of Veterans Affairs
medical facility.
(e) No educational assistance shall be afforded any eligible veteran
under this chapter or chapter 36 of this title after December 31, 1989.
(Added Pub. L. 89-358, 2, Mar. 3, 1966, 80 Stat. 14, 1662; amended
Pub. L. 90-77, title III, 305, Aug. 31, 1967, 81 Stat. 188; Pub. L.
93-337, 1, July 10, 1974, 88 Stat. 292; Pub. L. 94-502, title II,
211(3), title IV, 403(b), Oct. 15, 1976, 90 Stat. 2388, 2393; Pub. L.
95-202, title II, 203(a)(1), (b)(1), Nov. 23, 1977, 91 Stat. 1439;
Pub. L. 96-466, title III, 301, Oct. 17, 1980, 94 Stat. 2191; Pub. L.
97-35, title XX, 2003(b)(1), Aug. 13, 1981, 95 Stat. 782; Pub. L.
97-72, title II, 201(a), Nov. 3, 1981, 95 Stat. 1054; Pub. L. 97-295,
4(39), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 97-306, title II, 206(a),
Oct. 14, 1982, 96 Stat. 1435; Pub. L. 98-160, title VII, 702(10), Nov.
21, 1983, 97 Stat. 1009; Pub. L. 101-237, title IV, 420(a)(3),
423(b)(1), Dec. 18, 1989, 103 Stat. 2087, 2092; renumbered 3462 and
amended Pub. L. 102-83, 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
Provisions similar to those comprising subsecs. (a) and (b) of this
section were contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1176, which was classified to former sections 1612(c) and 1613(a), and
1612(a) of this title, respectively, prior to repeal by section 4(a) of
Pub. L. 89-358.
1991 -- Pub. L. 102-83, 5(a), renumbered section 1662 of this title
as this section.
Subsec. (a)(2)(A), (3)(A). Pub. L. 102-83, 5(c)(1), substituted
''3461'' for ''1661''.
Subsec. (a)(3)(C)(ii). Pub. L. 102-83, 5(c)(1), substituted
''3491(b)(2)'' for ''1691(b)(2)''.
Subsec. (a)(4). Pub. L. 102-83, 5(c)(1), substituted
''3011(a)(1)(A)(ii)(III)'' for ''1411(a)(1)(A)(ii)(III)''.
1989 -- Subsec. (a)(1). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary'' for ''Administrator'' wherever appearing.
Pub. L. 101-237, 420(a)(3)(B), substituted ''Subject to paragraph
(4) of this subsection, no'' for ''No''.
Subsec. (a)(3)(B), (C)(i). Pub. L. 101-237, 423(b)(1)(A),
substituted ''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (a)(4). Pub. L. 101-237, 420(a)(3)(A), added par. (4).
Subsec. (b). Pub. L. 101-237, 423(b)(1)(A), substituted
''Secretary'' for ''Administrator''.
Subsec. (d). Pub. L. 101-237, 423(b)(1)(B), substituted ''Department
of Veterans Affairs'' for ''Veterans' Administration''.
1983 -- Subsec. (a)(1)(C). Pub. L. 98-160 substituted ''October 1,
1980'' for ''the effective date of the Veterans' Rehabilitation and
Education Amendments of 1980''.
1982 -- Subsec. (a)(2)(B). Pub. L. 97-295, 4(39)(A), substituted
''November 23, 1977,'' for ''the date of enactment of this paragraph''.
Subsec. (a)(3)(C)(i). Pub. L. 97-306, 206(a)(1), substituted
''shall'' for ''may'' after ''Educational assistance'', and substituted
''unless the Administrator determines, based on an examination of the
veteran's employment and training history, that the veteran is not in
need of such a program or course in order to obtain a reasonably stable
employment situation consistent with the veteran's abilities and
aptitudes'' for ''only if the veteran has been determined by the
Administrator to be in need of such a program or course in order to
achieve a suitable occupational or vocational objective''.
Subsec. (a)(3)(D). Pub. L. 97-306, 206(a)(2), substituted ''December
31, 1984'' for ''December 31, 1983''.
Subsec. (c). Pub. L. 97-295, 4(39)(B), substituted ''June 1, 1966''
for ''the date for which an educational assistance allowance is first
payable under this chapter'', ''August 31, 1967,'' for ''the date of
enactment of this sentence'' after ''active duty before'', and ''August
31, 1967'' for ''the date of enactment of this sentence'' after ''shall
run from''.
1981 -- Subsec. (a)(3). Pub. L. 97-72 added par. (3).
Subsec. (c). Pub. L. 97-35 struck out provisions relating to
applicability to flight training.
1980 -- Subsec. (a)(1). Pub. L. 96-466 inserted ''made within one
year after (A) the last date of the delimiting period otherwise
applicable under this section, (B) the termination of the period of such
mental or physical disability, or (C) the effective date of the
Veterans' Rehabilitation and Education Amendments of 1980, whichever is
the latest'' after ''application'', inserted ''so'' after ''that such
veteran was''; and inserted provision relating to the running of the
delimiting period when an extension of the applicable delimiting period
is granted a veteran.
1977 -- Subsec. (a). Pub. L. 95-202 designated existing provisions
as par. (1), added par. (2), and inserted ''except that, in the case
of any eligible veteran who was prevented from initiating or completing
such veteran's chosen program of education within such time period
because of a physical or mental disability which was not the result of
such veteran's own willful misconduct, such veteran shall, upon
application, be granted an extension of the applicable delimiting period
for such length of time as the Administrator determines, from the
evidence, that such veteran was prevented from initiating or completing
such program of education'' after ''active duty after January 31, 1955''
in par. (1) as so redesignated.
1976 -- Subsec. (a). Pub. L. 94-502, 211(3), substituted ''the
veteran's'' for ''his''.
Subsecs. (b), (d). Pub. L. 94-502, 211(3), substituted ''the
veteran's'' for ''his'' and ''the veteran'' for ''he'', wherever
appearing.
Subsec. (e). Pub. L. 94-502, 403(b), added subsec. (e).
1974 -- Subsec. (a). Pub. L. 93-337, 1(1), substituted ''10'' for
''eight''.
Subsec. (b). Pub. L. 93-337, 1(2), substituted ''10-year'' for
''8-year''.
Subsec. (c). Pub. L. 93-337, 1(3), substituted ''10-year'' for
''8-year'' and ''eight year,'' respectively.
Subsec. (d). Pub. L. 93-337, 1(4), added subsec. (d).
1967 -- Subsec. (c). Pub. L. 90-77 inserted second sentence
respecting commencement of the delimiting period in the case of an
eligible veteran discharged from active duty and pursuing training on
the job or flight training.
Section 206(c) of Pub. L. 97-306 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect as of
January 1, 1982.''
Section 201(b) of Pub. L. 97-72 provided that: ''The amendment made
by subsection (a) (amending this section) shall take effect on January
1, 1982.''
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as
otherwise provided, see section 2006 of Pub. L. 97-35, set out as a
note under section 3231 of this title.
Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as
otherwise specifically provided, see section 802(c) of Pub. L. 96-466,
set out as a note under section 3452 of this title.
Amendment by Pub. L. 95-202 effective retroactively to May 31, 1976,
see section 501 of Pub. L. 95-202, set out as a note under section 101
of this title.
Amendment by section 211(3) of Pub. L. 94-502 effective Oct. 15,
1976, see section 703(b) of Pub. L. 94-502, set out as an Effective
Date note under section 3693 of this title.
Amendment by section 403(b) of Pub. L. 94-502 effective Jan. 1,
1977, see section 406 of Pub. L. 94-502, set out as an Effective Date
note under section 3201 of this title.
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this
title.
Section 206(b) of Pub. L. 97-306 directed Administrator of Veterans'
Affairs to publish, not later than 30 days after Oct. 14, 1982,
proposed regulations under subsec. (a)(3)(C)(i) of this section and to
publish, not later than 90 days after Oct. 14, 1982, final regulations
under subsec. (a)(3)(C)(i).
Pub. L. 93-293, May 31, 1974, 88 Stat. 176, provided that the
eight-year delimiting date for pursuit of educational programs under
this chapter for eligible veterans discharged or released from active
duty between Jan. 31, 1955, and Sept. 1, 1966, with certain
exceptions, was to run from July 1, 1966.