TITLE 38—VETERANS’ BENEFITS

This title was enacted by Pub. L. 85–857, §1, Sept. 2, 1958, 72 Stat. 1105

Part
Sec.
I.
General Provisions
101
II.
General Benefits
1101
III.
Readjustment and Related Benefits
3001
IV.
General Administrative Provisions
5101
V.
Boards, Administrations, and Services
7101
VI.
Acquisition and Disposition of Property
8101

        

Amendments

1991—Pub. L. 102–83, §5(b)(2), Aug. 6, 1991, 105 Stat. 406, substituted “1101” for “301” in item for part II and “3001” for “1401” in item for part III.

Pub. L. 102–40, title IV, §§402(c)(2), 403(e)(2), May 7, 1991, 105 Stat. 239, 240, substituted “5101” for “3001” in item for part IV, “Boards, Administrations, and Services . . . 7101” for “Boards and Departments . . . 4001” in item for part V, and “8101” for “5001” in item for part VI.

1986—Pub. L. 99–576, title VII, §702(18), Oct. 28, 1986, 100 Stat. 3302, substituted “1401” for “1501” in item for part III.

Table I
(Showing Disposition of All Sections of Former Title 38 by 1958 Revision)
Title 38

Former Sections

Title 38

New Sections

1–3 Rep.
4 (See former 11e)
5 to 11a–3 Rep.
11b to 11c–1 Rep.
11d, 11d–1 Rep.
11e to 11l Rep.
12, 12a Rep.
13–13g Rep.
14–14e Rep.
15–15n Rep.
16–16j Rep.
17–17j Rep.
21 Rep.
23–26c Rep.
27–32a Rep.
33–39a Rep.
41–49a Rep.
50–61 Rep.
71–72a Rep.
73–77 Rep.
91–97 Rep.
101–104 Rep.
111–116 Rep.
121–125 Rep.
126 T. 18 §289
127–129 Rep.
130 T. 18 §290
131–134 Rep.
151–155a Rep.
156–168b Rep.
169–179 Rep.
191–206 Rep.
221–230 Rep.
231 (See former 179)
232 Rep.
238–238e Rep.
241–252e Rep.
253, 254 Rep.
261, 262 Rep.
264–277 Rep.
281–285 Rep.
286 (See former 325a)
287–291b Rep.
291c (See former 326b)
291d–294 Rep.
311, 311a Rep.
312–314 Rep.
321–321c Rep.
322–324a Rep.
325, 325a Rep.
326–326c Rep.
327–332 Rep.
341 (See former 33)
341a (See former 274)
341b (See former 275)
341c (See former 291b)
341d (See former 321c)
341e (See former 326c)
341f Rep.
351, 351a Rep.
352–357b Rep.
358 to 364q–1 Rep.
364h, 364j Rep.
365 to 365b–1 Rep.
365c–365h Rep.
366–370l Rep.
371–374a Rep.
375–379 Rep.
381 to 381–2 Rep.
381a–381f Rep.
391–394 Rep.
421–423 Rep.
424 753
424a–438m Rep.
439–441 Rep.
442 756
443 755
444 Rep.
445 784(a)–(h)
445a Rep.
445b 784(i)
445c Rep.
445d 784(b), (h)
446 Rep.
447 754
448–452 Rep.
453 3102
454, 454a Rep.
455–459f Rep.
460 Rep.
461 Elim.
462 (See former 557)
471 to 471a–5 Rep.
472 to 472b–1 Rep.
472c–472e Rep.
473, 473a Rep.
474–483a Rep.
484–488a Rep.
489 to 501a–1 Rep.
501b–505a Rep.
506–507b Rep.
508 Rep.
509, 509a Rep.
510 Rep.
511 741, 743, 757(a), 782
511a Rep.
512 742, 743, 744(a), (b), 745, 749–752
512a Rep.
512b 748
512b–1 744(c)
512c 758
512d 757(c)
513 757(b)
514 Rep.
515 759(a)
516–516b Rep.
517 760
518 747
531–539 Rep.
551–555a Rep.
556, 556a Rep.
557 Rep.
571–576 Rep.
581–582c Rep.
583 Rep.
591, 592 Rep.
601–603 Rep.
611–613a Rep.
614–618e Rep.
619–623 Rep.
631, 632 Rep.
641–647a Rep.
648–650 Rep.
661–670 Rep.
681–683 Rep.
686–686c Rep.
687–687c Rep.
688–688b Rep.
691–691g Rep.
693–693g Rep.
693h T10 §1553
693i T10 §1554
694(a) 1801(a), 1802(a), (b), 1803(a)(1), (b)
694(b) 1803(b)–(d)
694(c) 1802(c)
694(d) 1802(d), (f)
694(e) 1802(d)
694(f) 1802(e)
694(g) 1803(a)(2)
694a 1810
694b 1812
694c 1813
694c–1 1822
694d 212(a), 1804(a)–(c)
694e T. 7 §1001(b)(2)
694f Rep.
694g 1816, 1817
694h 1814
694i 1815
694j 1820(a)–(c)
694k 1821
694l 1810(a), (b), 1811(a)–(j)
694m 1811(k), 1823
694n 1804(d)
694o, 694p Rep.
695 2010
695a 2011
695b 2012
695c 2013
695d Rep.
695e 2014
695f Rep.
696 to 696f–1 Rep.
696g–696m Rep.
697(a) Rep.
697(b) 616
697a, 697b Rep.
697c 101(2)
697d, 697e Rep.
697f 109(b)
697g 1510, 1824
700, 701 Rep.
701a 1502(a), (c)(2), (3), (d)
702–703c Rep.
704, 704a Rep.
705–706c Rep.
707–715a Rep.
716–729b Rep.
730–750 Rep.
Vet. Reg. No. 1(a), Pts. I–VI, VIII, IX Rep.
Pt. VII 217, 351, 1501–1508, 3013, 3107(c)
Vet. Reg. Nos. 2–12 Rep.
801(a) Rep.
801(b) 101
801(c) Rep.
801(d)–(f) 701
802(a) 703
802(b), (c)(1) Rep.
802(c)(2) 719(b)
802(d) Rep.
802(e) 702
802(f) 704–707
802(g) 701(3), 716(b), 717(a)
802(h) 716(a), (b)
802(i) 716(d)
802(j), (k) 716(e)
802(l) 716(f)
802(m)(1) 708
802(m)(2) Rep.
802(n) 712
802(o) Rep.
802(p) 709
802(q) 703
802(r) 713
802(s) Rep.
802(t) 717(b), (c)
802(u) 717(d)
802(v)(1) 715, 719(b)
802(v)(2) 721(d)
802(w) 710
802(x) 783
802(y) Rep.
802(z) 714
803 703, 741
804 719(a)
805 720
805a 786
806 782
807 721(a)–(c)
808 210–212, 785
809 3102
810 108
811 Rep.
812 711
813 787(b)
814 3502(b)
815 787(a)
816 718
817 784(a)–(h)
818–820 Rep.
821 722(a)
822 723(a), (c)
823 724
824 781
851–858 Rep.
901 1601(c)
911 1601(a)
916 1610
917 1612
918 1613
919 1611
926 1620
927 1621
928 1622
929 1623(a), (b)
930 1624
931 1623(c)
932 1625
933 1626
941 1631
942 1632
943 1633
944 1634
951 1641
952 1642
953 1643
954 1644
955 1645
961 1651
962 1652
963 1653
964 1654
965 1655
966 1656
971(a) 1661(a)
971(b) 213
971(c) 111, 1661(b)
972 1662(a)
973 1663
974 1664
975 1665
975a Rep.
976 1666
977 1667
978 1668
979–981 Rep.
982 1669
983, 984 Rep.
991 2001
992 2002
993 2003
994 2004
995 2005
996 2006
997 2007
998 2008
999 2009
1011 2101
1012 2102
1013 2104
1014 2103
1015 2105
1016 Rep.
1031 1701(d)
1032 1701(a)–(c)
1033(a) 1761(a)
1033(b) 213
1033(c) 111, 1761(b)
1033(d) 1662(b)
1033(e) 1761(c)
1033(f) 1761(d)
1034 1762
1035 1763
1036 1764
1037 1765
1038 1766
1039 1767
1040 1768
1041–1045 Rep.
1051 1710
1052 1711
1053 1712
1054 1713
1055 1714
1061 1720
1062 1721
1063 1722
1064 1723
1065 1724
1066 1725
1067 1726
1068 1731
1069 1732
1070 1733
1071 1734
1072 1735
1073 1736
1074 1737
1081 1740
1082 1741
1083 1742
1084 1743
1101(1) 101(1)
1101(2)(A)–(C) Rep.
1101(2)(D) 403
1101(2)(E) Rep.
1101(3) 101(27)
1101(4) 101(21)
1101(5) 101(22)
1101(6)(A) 101(23)
1101(6)(B) 106(d)
1101(6)(C) 101(22), (23)
1101(7) 101(4), (5)
1101(8) 101(3), 404
1101(9) 101(25)
1101(10)(A) 401(1)
1101(10)(B) 403
1101(11)(A) 402(a)
1101(11)(B) 402(b)
1101(11)(C) 402(c)(2)
1101(11)(D) 421(b)
1101(11)(E) 402(c)(1)
1101(11)(F) 421(a)
1101(12) 106(c)
1102 3005
1103(a) 412
1103(b)–(d) 422
1111 410(a)
1112 411
1113 413
1114 414
1115 415
1116 416
1117 410(a)
1118 417(b)
1119(a), (b) Rep.
1119(c) 410(b)
1119(d) 3104(b)(2)
1119(e) 101(3)
1120 Rep.
1131, 1132 Rep.
1133(a) Rep.
1133(b) 423
1133(c)–(e) Rep.
1134 Rep.
2101(1)–(9) 101(1)–(9)
2101(10) 501(1)
2101(11) Rep.
2101(12)–(18) 101(11)–(17)
2102 102(a)
2103 103(a), (b)
2104 104
2105 105
2106 101(18)
2107 102(b)
2121 111
2122 108
2123 3303
2124(a) 101(21)(D)
2124(b) 106(a)
2125 107
2126 3109
2127 109(a)
2128 110
2141–2150 Rep.
2201 201
2202 202
2210 210
2211 211, 785
2212 212
2213 214
2214 215
2215 216
2216 3304
2230 230
2231 231
2232 232
2233 233
2234 234
2235 Rep.
2301 301
2302 302
2310 310
2311 106(b)
2312 311
2313 312
2314 313
2315 314
2316 315
2321 321
2322 322
2331 331
2332 106(b)
2333 332
2334 333
2335 334
2336 335
2337 336
2341 341
2342 342
2343 343
2351 351
2352 352
2353 353
2354 354
2355 355
2356 356
2357 357
2358 358
2401 501
2402 502
2403 503
2404 504
2405 505
2410 510
2411 511
2412 512
2421 521
2422 522
2423 523
2431 531
2432(a)–(d) 532
2432(e) 501(3)
2433 533
2434 534
2435 535
2436 536
2437 537
2441 541
2442 542
2443 543
2444 544
2445 545
2460 560
2461 561
2462 562
2501 601
2502 602
2510 610
2511 611
2512 612
2513 613
2514 614
2515 615
2521 621
2522 622
2523 623
2524 624
2525 625
2526 626
2527 627
2531 631
2532 632
2533 633
2534 634
2601 801
2602 802
2603 803
2604 804
2605 805
2701 1901
2702 1902
2703 1903
2704(a) 1904
2704(b) Rep.
2705 1905
2801 901
2802 902
2803 903
2804 904
2805 905
2901 3001
2902 3002
2903 3003
2904 3004
2910 3010
2911 3011
2912 3012
2920 3020
2921 3021
2922 3022
3001 753, 3101
3002 3102
3003 3103
3004 3104
3005 3105
3006 3106
3007 3107(a), (b)
3008 3108
3101 3501
3102 3502
3103 3503
3104 3504
3201 3301
3202 3302
3211 3311
3212 3312
3213 3313
3301 4001
3302 4002
3303 4003
3304 4004
3305 4005
3306 4006
3307 4007
3308 4008
3401 4101
3402 4102
3403 4103
3404 4104
3405 4105
3406 4106
3407 4107
3408 4108
3409 4109
3410 4110
3411 4111
3412 4112
3413(a) 4113
3413(b), (c) Rep.
3414 4114
3415 4115
3501 3201
3502 3202
3503 3203
3504 3204
3601 3401
3602 3402
3603 3403
3604 3404
3605 3405
3701 5001
3702 5002
3703 5003
3704 5004
3705 5005
3711 5011
3712 5012
3713 5013
3714 5006
3715 5014
3716 213
3801 5101
3802 5102
3803 5103
3804 5104
3805 5105
3901 5201
3902 5202
3903 5203
3904 5204
3905 5205
3906 5206
3907 5207
3908 5208
3909 5209
3910 5210
3920 5220
3921 5221
3922 5222
3923 5223
3924 5224
3925 5225
3926 5226
3927 5227
3928 5228
4001 4201
4002 4202
4003 4203
4004 4204
4005 4205
4006 4206
4007 4207
4008 4208
Table II
(Showing Disposition of Former Sections of Title 38 by 1991 Renumbering)
Title 38

Former Sections

Title 38

Renumbered Sections

201 Rep. See 301(b)
202 Rep. See 302
203 Rep. See 313
210(a) Rep.
210(b)(1) Rep. See 303
210(b)(1), (2) Rep. See 510
210(b)(3) Rep. See 711
210(c)(1) Rep. See 501(a), (b)
210(c)(2), (3) Rep. See 503
210(d) Rep. See 304
211(a) Rep. See 511
211(b) Rep. See 505
212 Rep. See 512
213 Rep. See 513
214 Rep. See 529
215 Rep. See 525
216 Rep. See 521
217 Rep. See 522
218(a) Rep. See 901
218(b) Rep. See 902
218(c) Rep. See 903
218(d) Rep. See 904
218(e) Rep. See 905
219 Rep. See 527
220 Rep. See 523
221 Rep. See 541
222 Rep. See 542
223(a), (b) Rep. See 501(c), (d)
223(c) Rep. See 502
224 Rep. See 515(a)
230(a), (b) Rep. See 314, 315
230(c) Rep. See 316
231 Rep. See 701
232 Rep.
233 Rep. See 703
234 Rep. See 705
235 Rep. See 707
236 Rep. See 515(b)
240 Rep. See 7721
241 Rep. See 7722
242 Rep. See 7723
243 Rep. See 7724
244 Rep. See 7725
245 Rep. See 7726
246 Rep.
301 1101
302 1102
310 1110
311 1111
312 1112
313 1113
314 1114
315 1115
316 1116
321 1121
322 1122
331 1131
332 1132
333 1133
334 1134
335 1135
336 Rep.
337 1137
341 1141
342 1142
343 Rep.
351 1151
352 1152
353 1153
354 1154
355 1155
356 Rep.
357 1157
358 1158
359 1159
360 1160
361 1161
362 1162
363 1163
401 1301
402 1302
403 Rep.
404 1304
410 1310
411 1311
412 1312
413 1313
414 1314
415 1315
416 1316
417 1317
418 1318
421 1321
422 1322
423 1323
501 1501
502 1502
503 1503
504 1504
505 1505
506 1506
507 1507
508 1508
510 Rep.
511 1511
512 1512
521 1521
522 1522
523 1523
524 1524
525 1525
531 Rep.
532 1532
533 1533
534 1534
535 1535
536 1536
537 1537
541 1541
542 1542
543 1543
544 Rep.
560 1560
561 1561
562 1562
601 1701
602 1702
603 1703
610 1710
611 1711
612 1712
612A 1712A
612B 1712B
613 1713
614 1714
615 1715
616 1716
617 1717
618 1718
619 1719
620 1720
620A 1720A
620B 1720B
620C 1720C
621 1721
622 1722
622A 1722A
623 1723
624 1724
625 Rep.
626 1726
627 1727
628 1728
629 1729
630 1730
631 1731
632 1732
633 1733
634 1734
635 1735
641 1741
642 1742
643 1743
644 Rep.
651 1751
652 1752
653 1753
654 1754
661 1761
662 1762
663 1763
664 1764
701 1901
702 1902
703 1903
704 1904
705 1905
706 1906
707 1907
708 1908
709 1909
710 1910
711 1911
712 1912
713 1913
714 1914
715 1915
716 1916
717 1917
718 1918
719 1919
720 1920
721 1921
722 1922
723 1923
724 1924
725 1925
726 1926
727 1927
728 1928
729 1929
740 1940
741 1941
742 1942
743 1943
744 1944
745 1945
746 1946
747 1947
748 1948
749 1949
750 1950
751 1951
752 1952
753 1953
754 1954
755 1955
756 1956
757 1957
758 1958
759 1959
760 1960
761 1961
762 1962
763 1963
765 1965
766 1966
767 1967
768 1968
769 1969
770 1970
771 1971
772 1972
773 1973
774 1974
775 1975
776 1976
777 1977
778 1978
779 1979
781 1981
782 1982
783 1983
784 1984
785 1985
786 1986
787 1987
788 1988
801 2101
802 2102
803 2103
804 2104
805 2105
806 2106
901 2301
902 2302
903 2303
904 2304
905 2305
906 2306
907 2307
908 2308
1000 2400
1001 2401
1002 2402
1003 2403
1004 2404
1005 2405
1006 2406
1007 2407
1008 2408
1009 2409
1010 2410
1401 3001
1402 3002
1411 3011
1412 3012
1413 3013
1414 3014
1415 3015
1416 3016
1417 3017
1418 3018
1418A 3018A
1419 3019
1421 3021
1422 3022
1423 3023
1431 3031
1432 3032
1433 3033
1434 3034
1435 3035
1436 3036
1500 3100
1501 3101
1502 3102
1503 3103
1504 3104
1505 3105
1506 3106
1507 3107
1508 3108
1509 3109
1510 3110
1511 3111
1512 3112
1513 3113
1514 3114
1515 3115
1516 3116
1517 3117
1518 3118
1519 3119
1520 3120
1521 3121
1601 3201
1602 3202
1621 3221
1622 3222
1623 3223
1624 3224
1625 3225
1631 3231
1632 3232
1633 3233
1634 3234
1641 3241
1642 Rep.
1643 3243
1651 3451
1652 3452
1661 3461
1662 3462
1663 Rep.
1670 3470
1671 3471
1672 Rep.
1673 3473
1674 3474
1675 Rep.
1676 3476
1677, 1678 Rep.
1681 3481
1682 3482
1682A Rep.
1683 3483
1684 3484
1685 3485
1686, 1687 Rep.
1690 3490
1691 3491
1692 3492
1693 3493
1695–1698 Rep.
1700 3500
1701 3501
1710 3510
1711 3511
1712 3512
1713 3513
1714 3514
1720 3520
1721 3521
1722 Rep.
1723 3523
1724 3524
1725, 1726 Rep.
1731 3531
1732 3532
1733 3533
1734 3534
1735 3535
1736 3536
1737 3537
1738 Rep.
1740 3540
1741 3541
1742 3542
1743 3543
1761 3561
1762 3562
1763 3563
1764 Rep.
1765 3565
1766 3566
1770 3670
1771 3671
1772 3672
1773 3673
1774 3674
1774A 3674A
1775 3675
1776 3676
1777 3677
1778 3678
1779 3679
1780 3680
1781 3681
1782 3682
1783 3683
1784 3684
1784A 3684A
1785 3685
1786 3686
1787 3687
1788 3688
1789 3689
1790 3690
1791 3691
1792 3692
1793 3693
1794 3694
1795 3695
1796 3696
1797 3697
1797A 3697A
1798 3698
1799 3699
1801 3701
1802 3702
1803 3703
1804 3704
1805 3705
1806 3706
1807 Rep.
1810 3710
1811 3711
1812 3712
1813 3713
1814 3714
1815–1817A Elim.
1818 Rep.
1819 Elim.
1820 3720
1821 3721
1822 Rep.
1823 3723
1824 3724
1825 3725
1826 3726
1827 3727
1828 3728
1829 3729
1830 3730
1831 3731
1832 3732
1833 3733
1834 3734
1835 3735
1841 3741
1842 3742
1843 3743
1844 3744
1845 3745
1846 3746
1847 3747
1848 3748
1849 3749
1850 3750
1851 3751
1901 3901
1902 3902
1903 3903
1904 3904
2000 4100
2001 4101
2002 4102
2002A 4102A
2003 4103
2003A 4103A
2004 4104
2004A 4104A
2005 4105
2006 4106
2007 4107
2008 4108
2009 4109
2010 4110
2010A 4110A
2011 4211
2012 4212
2013 4213
2014 4214
2021 4301
2022 4302
2023 4303
2024 4304
2025 4305
2026 4306
2027 4307
3001 5101
3002 5102
3003 5103
3004 5104
3005 5105
3006 5106
3007 5107
3008 5108
3009 5109
3010 5110
3011 5111
3012 5112
3013 5113
3020 5120
3021 5121
3022 5122
3023 5123
3101 5301
3102 5302
3103 5303
3103A 5303A
3104 5304
3105 5305
3106 5306
3107 5307
3108 5308
3109 5309
3110 5310
3111 5311
3112 5312
3113 5313
3114 5314
3115 5315
3116 5316
3117 5317
3118 5318
3201 5501
3202 5502
3203 5503
3204 5504
3205 5505
3301 5701
3302 5702
3303 5703
3304 5704
3305 5705
3311 5711
3312 5712
3313 5713
3401 5901
3402 5902
3403 5903
3404 5904
3405 5905
3501 6101
3502 6102
3503 6103
3504 6104
3505 6105
4001 7101
4002 7102
4003 7103
4004 7104
4005 7105
4005A 7105A
4006 7106
4007 7107
4008 7108
4009 7109
4010 7110
4051 7251
4052 7252
4053 7253
4054 7254
4055 7255
4056 7256
4061 7261
4062 7262
4063 7263
4064 7264
4065 7265
4066 7266
4067 7267
4068 7268
4069 7269
4081 7281
4082 7282
4083 7283
4084 7284
4085 7285
4091 7291
4092 7292
4096 7296
4097 7297
4098 7298
4101(a) Rep. See 7301
4101(b) Rep. See 7302
4101(c)(1), (2), (4) Rep. See 7303
4101(c)(3) Rep. See 7317
4101(e) Rep. See 7425(a)
4101(f)(1), (3), (4) Rep. See 7314
4101(f)(2) Rep. See 7315
4102 Rep. See 7305
4103 Rep. See 7306
4104 Rep. See 7401
4105 Rep. See 7402(a)–(d)
4106 Rep. See 7403
4107(a)–(d) Rep. See 7404
4107(e) Rep. See 7453
4107(f) Rep. See 7454
4107(g) Rep. See 7455
4107(h) Rep. See 7456
4107(i) Rep. See 7426(c)
4107(j) Rep. See 7457
4108(a) (partial) Rep. See 7421
4108(a) Rep. See 7423(a)–(c)
4108(b) Rep. See 7402(e)
4108(c) Rep. See 7423(d)
4108(d) Rep. See 7424(b)
4109 Rep. See 7426(a)
4110 Rep. See 7464
4111 Rep. See 7408
4112(a) Rep. See 7312
4112(b), (c) Rep. See 7313
4113 Rep. See 7424(a)
4114(a) Rep. See 7405
4114(b) Rep. See 7406
4114(c)–(g) Rep. See 7407
4115 Rep. See 7304
4116 Rep. See 7316
4117 Rep. See 7409
4118 Rep. See 7431–7440
4119 Rep. See 7425(b)
4120 Rep. See 7458
4121 Rep. See 7471
4122 Rep. See 7472
4123 Rep. See 7473
4124 Rep. See 7474
4131 7331
4132 7332
4133 7333
4134 7334
4141 7451
4142 7452
4143–4146 Rep.
4151 Rep. See 7311(a)–(e)
4152 Rep. See 7311(f), (g)
4161 7361
4162 7362
4163 7363
4164 7364
4165 7365
4166 7366
4167 7367
4168 7368
4201 7801
4202 7802
4203 7803
4204 7804
4205 7805
4206 7806
4207 7807
4208 7808
4209 7809
4210 7810
4301 7601
4302 7602
4303 7603
4304 7604
4311 7611
4312 7612
4313 7613
4314 7614
4315 7615
4316 7616
4317 7617
4318 7618
4321 7621
4322 7622
4323 7623
4324 7624
4325 7625
4331 7631
4332 7632
4333 7633
4334 7634
4335 7635
4336 7636
4351 7651
4352 7652
4353 7653
4354 7654
4355 7655
5001 8101
5002 8102
5003 8103
5004 8104
5005 8105
5006 8106
5007 8107
5008 8108
5009 8109
5010 8110
5011 8111
5011A 8111A
5012 8112
5013 8113
5014 8114
5015 8115
5016 8116
5021 8121
5022 8122
5023 8123
5024 8124
5025 8125
5031 8131
5032 8132
5033 8133
5034 8134
5035 8135
5036 8136
5037 8137
5051 8151
5052 8152
5053 8153
5054 8154
5055 8155
5056 8156
5057 Rep.
5070 8201
5071 8211
5072 8212
5073 8213
5074 8214
5081 8221
5082 8222
5083 8223
5091 8231
5092 8232
5093 8233
5096 8241
5101 8301
5102 8302
5103 8303
5104 8304
5105 8305
5201 8501
5202 8502
5203 8503
5204 8504
5205 8505
5206 8506
5207 8507
5208 8508
5209 8509
5210 8510
5220 8520
5221 8521
5222 8522
5223 8523
5224 8524
5225 8525
5226 8526
5227 8527
5228 8528

Enacting Clause

Pub. L. 85–857, §1, Sept. 2, 1958, 72 Stat. 1105, provided in part: “That the laws relating to veterans’ benefits are revised, codified, and enacted as title 38, United States Code, ‘Veterans’ Benefits’ ”.

Effective Date

Pub. L. 85–857, §2, Sept. 2, 1958, 72 Stat. 1262, provided that: “Except as otherwise provided in this Act, this Act shall take effect on January 1, 1959.”

Offenses Committed Under Repealed Laws

Pub. L. 85–857, §3, Sept. 2, 1958, 72 Stat. 1262, provided that:

“(a) All offenses committed and all penalties and forfeitures incurred under any of the provisions of law amended or repealed by this Act or the Veterans’ Benefits Act of 1957 may be prosecuted and punished in the same manner and with the same effect as if such Acts had not been enacted.

“(b) Forfeitures of benefits under laws administered by the Veterans’ Administration occurring before January 1959 shall continue to be effective.”

Continuation of Authority Under Act of July 3, 1930

Pub. L. 85–857, §4, Sept. 2, 1958, 72 Stat. 1262, provided that: “All functions, powers, and duties conferred upon and vested in the President and the Administrator by the Act of July 3, 1930 (46 Stat. 1016) and which were in effect on December 31, 1957, are continued in effect.”

Cross References

Pub. L. 85–857, §5, Sept. 2, 1958, 72 Stat. 1262, provided that:

“(a) References in other laws to any provision of law replaced by title 38, United States Code, shall, where applicable, be deemed to refer also to the corresponding provision of title 38, United States Code.

“(b) References in title 38, United States Code, to any provision of title 38, United States Code, shall, where applicable, be deemed to refer also to the prior corresponding provisions of law.

“(c) Amendments effective after August 18, 1958, made to any provision of law replaced by title 38, United States Code, shall, notwithstanding the repeal of such provision by section 14 of this Act, supersede the corresponding provisions of title 38, United States Code, to the extent that such amendments are inconsistent therewith.”

Continuing Availability of Appropriations

Pub. L. 85–857, §6, Sept. 2, 1958, 72 Stat. 1263, provided that:

“(a) Amounts heretofore appropriated to carry out the purposes of any provision of law repealed by this Act, and available on December 31, 1958, shall be available to carry out the purposes of the corresponding provisions of title 38, United States Code.

“(b) The availability and use of appropriations made for the purposes of the Act of July 1, 1948 (62 Stat. 1210; 50 App. U.S.C. 1991–1996) shall not be affected by the repeal of such Act.”

Outstanding Rules, Regulations, and Orders

Pub. L. 85–857, §7, Sept. 2, 1958, 72 Stat. 1263, provided that: “All rules, regulations, orders, permits, and other privileges issued or granted by the Administrator of Veterans’ Affairs before December 31, 1958, and in effect on such date (or scheduled to take effect after such date) shall remain in full force and effect until modified, suspended, overruled, or otherwise changed by the Administrator.”

Publication

Pub. L. 85–857, §8, Sept. 2, 1958, 72 Stat. 1263, provided that: “This Act shall be printed in slip-law form with a table of contents and a comprehensive index and tables furnished by the Committee on Veterans’ Affairs of the House of Representatives; however, such table of contents, comprehensive index and tables shall not be printed in the United States Statutes at Large.”

Pending Claims

Pub. L. 85–857, §9, Sept. 2, 1958, 72 Stat. 1263, provided that: “A claim for benefits which is pending in the Veterans’ Administration on January 1, 1959, or filed thereafter, shall be adjudicated under the laws in effect on December 31, 1958, with respect to the period before January 1, 1959, and, except as provided in section 10, under title 38, United States Code, thereafter.”

Persons Receiving Benefits on December 31, 1958

Pub. L. 85–857, §10, Sept. 2, 1958, 72 Stat. 1263, provided that: “Any individual receiving benefits as a veteran, or as the widow, child, or parent of a veteran, under public laws administered by the Veterans’ Administration on December 31, 1958, shall, as long as entitlement under such laws continues, receive benefits under the corresponding provisions of title 38, United States Code, thereafter, or benefits at the rate payable under such public laws, whichever will result in the greater benefit being paid to the individual. The provisions of this section shall apply to those claims within the purview of section 9 in which it is determined that benefits are payable for December 31, 1958.”

Persons Entitled to Emergency Officers’ Retirement Pay on December 31, 1958, or Who Failed To Submit Applications Prior to May 25, 1929

Pub. L. 85–857, §11, Sept. 2, 1958, 72 Stat. 1263, as amended by Pub. L. 87–875, Oct. 24, 1962, 76 Stat. 1198, provided that:

“(a) Any person who was receiving, or entitled to receive, emergency officers’ retirement pay, or other privileges or benefits as a retired emergency officer of World War I, on December 31, 1958, under the laws in effect on that day, shall, except where there was fraud, clear and unmistakable error as to conclusion of fact or law, or misrepresentation of material facts, continue, to receive, or be entitle to receive, emergency officers’ retirement pay at the rate otherwise payable on December 31, 1958, and such other privileges and benefits, so long as the conditions warranting such pay, privileges, and benefits under those laws continue.

“(b) Any individual who, upon application therefor before May 25, 1929, would have been granted emergency officer's retirement pay based upon 30 per centum or more disability under the Act of May 24, 1928 (45 Stat. 735), and who would have been entitled to continue to receive such pay under section 10 of Public Numbered 2, Seventy-third Congress, or under section 1 of Public Numbered 743, Seventy-sixth Congress, and who upon being placed on the emergency officers’ retired list would have been paid retired pay at a monthly rate lower than the monthly rate of disability compensation then payable, shall, upon application made therefor after the date of enactment of this subparagraph [Oct. 24, 1962] to the Administrator of Veterans’ Affairs, be placed upon the appropriate emergency officers’ retired list, and thereafter shall be entitled to all rights, privileges, and benefits of retired emergency officers of World War I.”

Continuation of Certain Rights and Benefits

Pub. L. 85–857, §12, Sept. 2, 1958, 72 Stat. 1264, as amended by Pub. L. 89–50, §1(c), June 24, 1965, 79 Stat. 173; Pub. L. 91–24, §14(a), June 11, 1969, 83 Stat. 35, provided that:

“(a) [Repealed by Pub. L. 91–24, effective June 11, 1969, except as to any indebtedness which may be due the Government as the result of any benefits granted thereunder. Prior to such repeal, subsec. (a) read as follows: “The repeal of part VIII, and paragraphs 10 and 11 of part VII, of Veterans Regulation Numbered 1(a), sections 3 and 4 of Public Law 16, Seventy-eighth Congress, and section 1507 of the Servicemen's Readjustment Act of 1944, shall not apply in the case of any veteran (1) who enlisted or reenlisted in a regular component of the Armed Forces after October 6, 1945, and before October 7, 1946, or (2) whose discharge or dismissal is changed, corrected, or modified before February 1, 1965, pursuant to section 1552 or 1553 of title 10, United States Code, or by other corrective action by competent authority.”]

“(b) Nothing in this Act or any amendment or repeal made by it, shall affect any right, liability, penalty, authorization or requirement pertaining to World War adjusted compensation authorized or prescribed under the provisions of the World War Adjusted Compensation Act, or the Adjusted Compensation Payment Act, 1936, or any related Act, which was in effect on December 31, 1958.

“(c) [Repealed by Pub. 89–50, effective July 1, 1966. Prior to such repeal, subsec. (c) read as follows: “Nothing in this Act, or any amendment or repeal made by it, shall deprive any person of benefits under the Mustering-Out Payment Act of 1944 to which he would have been entitled if this Act had not been enacted.”]

“(d) Nothing in this Act, or any amendment or repeal made by it, shall affect any right of any person based on a contract entered into before the effective date of this Act, or affect the manner in which such right could have been enforced or obtained but for this Act, or such amendment or repeal.

“(e) Chapter 37 of title 38, United States Code, is a continuation and restatement of the provisions of title III of the Servicemen's Readjustment Act of 1944, and may be considered to be an amendment to such title III.”

Improvement of United States Code by Pub. L. 102–83; Corresponding Provisions; Savings Provision

Pub. L. 102–83, §7, Aug. 6, 1991, 105 Stat. 410, provided that:

“(a) References to Replaced Laws.—A reference to a provision of title 38, United States Code, replaced by a provision of that title enacted by section 2 [enacting chapters 3, 5, 7, 9, and 77 of this title, amending sections 618, 621, 654, 1521, 1685, 1833, 2003A, 2014, 5701, 7101, and 7455 of this title, and repealing former chapter 3 of this title] (including a reference in a regulation, order, or other law) shall be treated as referring to the corresponding provision enacted by this Act.

“(b) Savings Provision for Regulations.—A regulation, rule, or order in effect under a provision of title 38, United States Code, replaced by a provision of that title enacted by section 2 shall continue in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.

“(c) General Savings Provision.—An action taken or an offense committed under a provision of title 38, United States Code, replaced by a provision of that title enacted by section 2 shall be treated as having been taken or committed under the corresponding provision enacted by this Act.”

Title Referred to in Other Sections

This title is referred to in title 5 sections 7511, 8347; title 7 section 2012; title 10 sections 1408, 1450, 1451, 12319; title 26 section 6103; title 29 sections 1721, 2913; title 42 sections 290dd–1, 290dd–2, 410, 424a, 659, 10008; title 50 section 2031.

PART I—GENERAL PROVISIONS

Chap.
Sec.
1.
General
101
3.
Department of Veterans Affairs
301
5.
Authority and Duties of the Secretary
501
7.
Employees
701
9.
Security and Law Enforcement on Property Under the Jurisdiction of the Department
901

        

PART II—GENERAL BENEFITS

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
18.
Benefits for Children of Vietnam Veterans Who Are Born With Spina Bifida
1801
19.
Insurance
1901
21.
Specially Adapted Housing for Disabled Veterans
2101
23.
Burial Benefits
2301
24.
National Cemeteries and Memorials
2400

        

PART III—READJUSTMENT AND RELATED BENEFITS

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.
Employment and Reemployment Rights of Members of the Uniformed Services
4301

        

PART IV—GENERAL ADMINISTRATIVE PROVISIONS

51.
Claims, Effective Dates, and Payments
5101
53.
Special Provisions Relating to Benefits
5301
55.
Minors, Incompetents, and Other Wards
5501
57.
Records and Investigations
5701
59.
Agents and Attorneys
5901
61.
Penal and Forfeiture Provisions
6101

        

PART V—BOARDS, ADMINISTRATIONS, AND SERVICES

71.
Board of Veterans’ Appeals
7101
72.
United States Court of Appeals for Veterans Claims
7251
73.
Veterans Health Administration—Organization and Functions
7301
74.
Veterans Health Administration—Personnel
7401
76.
Health Professionals Educational Assistance Program
7601
77.
Veterans Benefits Administration
7701
78.
Veterans’ Canteen Service
7801

        

PART VI—ACQUISITION AND DISPOSITION OF PROPERTY

81.
Acquisition and Operation of Hospital and Domiciliary Facilities; Procurement and Supply; Enhanced-Use Leases of Real Property 1
8101

        

82.
Assistance in Establishing New State Medical Schools; Grants to Affiliated Medical Schools; Assistance to Health Manpower Training Institutions
8201
83.
Acceptance of Gifts and Bequests
8301
85.
Disposition of Deceased Veterans’ Personal Property
8501

        

Amendments

1998—Pub. L. 105–368, title V, §512(a)(4)(B), Nov. 11, 1998, 112 Stat. 3341, substituted “Appeals for Veterans Claims” for “Veterans Appeals” in item for chapter 72.

1996—Pub. L. 104–204, title IV, §421(b)(2), Sept. 26, 1996, 110 Stat. 2926, added item for chapter 18.

1994—Pub. L. 103–446, title XII, §1201(h)(1), Nov. 2, 1994, 108 Stat. 4688, struck out item for chapter 42 and added identical new item for chapter 42.

Pub. L. 103–353, §2(b)(1), Oct. 13, 1994, 108 Stat. 3169, substituted “Employment and Reemployment Rights of Members of the Uniformed Services” and “4301” for “Veterans’ Reemployment Rights” and “2021”, respectively, in item for chapter 43.

1991—Pub. L. 102–86, title IV, §401(b)(2), Aug. 14, 1991, 105 Stat. 422, inserted “; Enhanced-Use Leases of Real Property” in item for chapter 81.

Pub. L. 102–83, §§2(d)(1), 5(b)(2), Aug. 6, 1991, 105 Stat. 402, 406, substituted “Department of Veterans Affairs . . . 301” for “Veterans’ Administration; Officers and Employees . . . 201” in item for chapter 3, added items for chapters 5, 7, 9, and 77, substituted “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, “2400” for “1000” in item for chapter 24, “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. 102–54, §14(e)(1), June 13, 1991, 105 Stat. 287, inserted “United States” in item for chapter 72.

Pub. L. 102–40, title IV, §§402(c)(2), 403(f)(1), May 7, 1991, 105 Stat. 239, 240, substituted “5101” for “3001” in item for chapter 51, “5301” for “3101” in item for chapter 53, “5501” for “3201” in item for chapter 55, “5701” for “3301” in item for chapter 57, “5901” for “3401” in item for chapter 59, “6101” for “3501” in item for chapter 61, “Boards, Administrations, and Services” for “Boards and Departments” in item for part V, “7101” for “4001 in item chapter 71, “7251” for “4051” in item for chapter 72, “Veterans Health Administration—Organization and Functions . . . 7301” for “Department of Medicine and Surgery . . . 4101”, added item for chapter 74, struck out item for chapter 75 “Veterans’ Canteen Services . . . 4201”, substituted “7601” for “4301” in item for chapter 76, added item for chapter 78, substituted “8101” for “5001” in item for chapter 81, “8201” for “5070” in item for chapter 82, “8301” for “5101” in item for chapter 83, and “8501” for “5201” in item for chapter 85.

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.

1988—Pub. L. 100–687, div. A, title I, §103(c)(1), title III, §301(b), Nov. 18, 1988, 102 Stat. 4107, 4121, substituted “Claims” for “Applications” in item for chapter 51 and added item for chapter 72.

Pub. L. 100–322, title II, §216(e)(2), May 20, 1988, 102 Stat. 530, added item for chapter 76.

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(1)(A), Oct. 12, 1982, 96 Stat. 1304, substituted “1500” for “1,500” in item for chapter 31.

Pub. L. 97–295, §4(1)(B), Oct. 12, 1982, 96 Stat. 1304, substituted “1651” for “1650” in item for chapter 34.

Pub. L. 97–295, §4(1)(C), Oct. 12, 1982, 96 Stat. 1304, added item for chapter 82.

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. 94–581, title II, §203(a), Oct. 21, 1976, 90 Stat. 2856, inserted “Nursing Home,” in item for chapter 17.

Pub. L. 94–502, title III, §309(b), Oct. 15, 1976, 90 Stat. 2391, substituted “Survivors’ and Dependents’ Educational Assistance” for “War Orphans’ and Widows’ Education Assistance” in item for chapter 35.

Pub. L. 94–502, title IV, §405, Oct. 15, 1976, 90 Stat. 2397, added item for chapter 32.

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.

1973—Pub. L. 93–43, §2(b), June 18, 1973, 87 Stat. 78, added item for chapter 24.

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 Orphans’ Educational Assistance . . . 1701” in item for chapter 35.

1966—Pub. L. 89–358, §§4(c), 6(b), Mar. 3, 1966, 80 Stat. 23, 27, substituted chapter “34. Veterans’ Educational Assistance . . . 1650” for chapter “33. Education of Korean Conflict Veterans . . . 1601” and added chapter 36; and substituted “Job Counseling and Employment Placement Service for Veterans” for “Unemployment Benefits for Veterans” in item for chapter 41, respectively.

1965—Pub. L. 89–50, §1(b), June 24, 1965, 79 Stat. 173, struck out item for chapter 43 which related to mustering out payments.

1 So in original. Does not conform to chapter heading.

PART I—GENERAL PROVISIONS

Chap.
Sec.
1.
General
101
3.
Department of Veterans Affairs
301
5.
Authority and Duties of the Secretary
501
7.
Employees
701
9.
Security and Law Enforcement on Property Under the Jurisdiction of the Department
901

        

Amendments

1991—Pub. L. 102–83, §2(d)(2), Aug. 6, 1991, 105 Stat. 402, substituted “Department of Veterans Affairs . . . 301” for “Veterans’ Administration; Officers and Employees . . . 201” in item for chapter 3 and added items for chapters 5, 7, and 9.

CHAPTER 1—GENERAL

Sec.
101.
Definitions.
102.
Dependent parents.
103.
Special provisions relating to marriages.
104.
Approval of educational institutions.
105.
Line of duty and misconduct.
106.
Certain service deemed to be active service.
107.
Certain service deemed not to be active service.
108.
Seven-year absence presumption of death.
109.
Benefits for discharged members of allied forces.
110.
Preservation of disability ratings.
111.
Payments or allowances for beneficiary travel.
112.
Presidential memorial certificate program.
113.
Treatment of certain programs under sequestration procedures.
114.
Multiyear procurement.
115.
Acquisition of real property.

        

Amendments

1991—Pub. L. 102–86, title IV, §402(b), Aug. 14, 1991, 105 Stat. 422, added item 115.

1989—Pub. L. 101–237, title VI, §601(b)(2), Dec. 18, 1989, 103 Stat. 2094, struck out “for certain medical items” after “Multiyear procurement” in item 114.

1988—Pub. L. 100–322, title I, §108(e)(2), title IV, §404(b), May 20, 1988, 102 Stat. 498, 547, substituted “Payments or allowances for beneficiary travel” for “Travel expenses” in item 111 and added item 114.

1986—Pub. L. 99–576, title VI, §601(a)(2), title VII, §701(1)(B), Oct. 28, 1986, 100 Stat. 3289, 3290, struck out “; husbands” after “parents” in item 102 and added item 113.

1972—Pub. L. 92–540, title IV, §409, Oct. 24, 1972, 86 Stat. 1092, substituted “Dependent parents; husbands” for “Dependent parents and dependent husbands” in item 102.

1965—Pub. L. 89–88, §1(b), July 24, 1965, 79 Stat. 264, added item 112.

1964—Pub. L. 88–445, §1(c), Aug. 19, 1964, 78 Stat. 464, substituted “Preservation of disability ratings” for “Preservation of total disability ratings” in item 110.

§101. Definitions

For the purposes of this title—

(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.

(2) The term “veteran” means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.

(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person of the opposite sex who was the spouse of a veteran at the time of the veteran's death, and who lived with the veteran continuously from the date of marriage to the date of the veteran's death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried or (in cases not involving remarriage) has not since the death of the veteran, and after September 19, 1962, lived with another person and held himself or herself out openly to the public to be the spouse of such other person.

(4)(A) The term “child” means (except for purposes of chapter 19 of this title and section 8502(b) of this title) a person who is unmarried and—

(i) who is under the age of eighteen years;

(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or

(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;


and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran's household or was a member at the time of the veteran's death, or an illegitimate child but, as to the alleged father, only if acknowledged in writing signed by him, or if he has been judicially ordered to contribute to the child's support or has been, before his death, judicially decreed to be the father of such child, or if he is otherwise shown by evidence satisfactory to the Secretary to be the father of such child. A person shall be deemed, as of the date of death of a veteran, to be the legally adopted child of such veteran if such person was at the time of the veteran's death living in the veteran's household and was legally adopted by the veteran's surviving spouse before August 26, 1961, or within two years after the veteran's death; however, this sentence shall not apply if at the time of the veteran's death, such person was receiving regular contributions toward the person's support from some individual other than the veteran or the veteran's spouse, or from any public or private welfare organization which furnishes services or assistance for children. A person with respect to whom an interlocutory decree of adoption has been issued by an appropriate adoption authority shall be recognized thereafter as a legally adopted child, unless and until that decree is rescinded, if the child remains in the custody of the adopting parent or parents during the interlocutory period. A person who has been placed for adoption under an agreement entered into by the adopting parent or parents with any agency authorized under law to so act shall be recognized thereafter as a legally adopted child, unless and until such agreement is terminated, if the child remains in the custody of the adopting parent or parents during the period of placement for adoption under such agreement. A person described in clause (ii) of the first sentence of this subparagraph who was a member of a veteran's household at the time the person became 18 years of age and who is adopted by the veteran shall be recognized as a legally adopted child of the veteran regardless of the age of such person at the time of adoption.

(B) For the purposes of subparagraph (A) of this paragraph, in the case of an adoption under the laws of any jurisdiction other than a State (as defined in section 101(20) of this title and including the Commonwealth of the Northern Mariana Islands)—

(i) a person residing outside any of the States shall not be considered to be a legally adopted child of a veteran during the lifetime of such veteran (including for purposes of this subparagraph a Commonwealth Army veteran or new Philippine Scout, as defined in section 3566 of this title) unless such person—

(I) was less than eighteen years of age at the time of adoption;

(II) is receiving one-half or more of such person's annual support from such veteran;

(III) is not in the custody of such person's natural parent, unless such natural parent is such veteran's spouse; and

(IV) is residing with such veteran (or in the case of divorce following adoption, with the divorced spouse who is also an adoptive or natural parent) except for periods during which such person is residing apart from such veteran (or such divorced spouse) for purposes of full-time attendance at an educational institution or during which such person or such veteran (or such divorced spouse) is confined in a hospital, nursing home, other health-care facility, or other institution; and


(ii) a person shall not be considered to have been a legally adopted child of a veteran as of the date of such veteran's death and thereafter unless—

(I) at any time within the one-year period immediately preceding such veteran's death, such veteran was entitled to and was receiving a dependent's allowance or similar monetary benefit under this title for such person; or

(II) for a period of at least one year prior to such veteran's death, such person met the requirements of clause (i) of this subparagraph.


(5) The term “parent” means (except for purposes of chapter 19 of this title) a father, a mother, a father through adoption, a mother through adoption, or an individual who for a period of not less than one year stood in the relationship of a parent to a veteran at any time before the veteran's entry into active military, naval, or air service or if two persons stood in the relationship of a father or a mother for one year or more, the person who last stood in the relationship of father or mother before the veteran's last entry into active military, naval, or air service.

(6) The term “Spanish-American War” (A) means the period beginning on April 21, 1898, and ending on July 4, 1902, (B) includes the Philippine Insurrection and the Boxer Rebellion, and (C) in the case of a veteran who served with the United States military forces engaged in hostilities in the Moro Province, means the period beginning on April 21, 1898, and ending on July 15, 1903.

(7) The term “World War I” (A) means the period beginning on April 6, 1917, and ending on November 11, 1918, and (B) in the case of a veteran who served with the United States military forces in Russia, means the period beginning on April 6, 1917, and ending on April 1, 1920.

(8) The term “World War II” means (except for purposes of chapters 31 and 37 of this title) the period beginning on December 7, 1941, and ending on December 31, 1946.

(9) The term “Korean conflict” means the period beginning on June 27, 1950, and ending on January 31, 1955.

(10) The term “Armed Forces” means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve components thereof.

(11) The term “period of war” means the Spanish-American War, 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.

(12) The term “veteran of any war” means any veteran who served in the active military, naval, or air service during a period of war.

(13) The term “compensation” means a monthly payment made by the Secretary to a veteran because of service-connected disability, or to a surviving spouse, child, or parent of a veteran because of the service-connected death of the veteran occurring before January 1, 1957.

(14) The term “dependency and indemnity compensation” means a monthly payment made by the Secretary to a surviving spouse, child, or parent (A) because of a service-connected death occurring after December 31, 1956, or (B) pursuant to the election of a surviving spouse, child, or parent, in the case of such a death occurring before January 1, 1957.

(15) The term “pension” means a monthly or other periodic payment made by the Secretary to a veteran because of service, age, or non-service-connected disability, or to a surviving spouse or child of a veteran because of the non-service-connected death of the veteran.

(16) The term “service-connected” means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty in the active military, naval, or air service.

(17) The term “non-service-connected” means, with respect to disability or death, that such disability was not incurred or aggravated, or that the death did not result from a disability incurred or aggravated, in line of duty in the active military, naval, or air service.

(18) The term “discharge or release” includes (A) retirement from the active military, naval, or air service, and (B) the satisfactory completion of the period of active military, naval, or air service for which a person was obligated at the time of entry into such service in the case of a person who, due to enlistment or reenlistment, was not awarded a discharge or release from such period of service at the time of such completion thereof and who, at such time, would otherwise have been eligible for the award of a discharge or release under conditions other than dishonorable.

(19) The term “State home” means a home established by a State (other than a possession) for veterans disabled by age, disease, or otherwise who by reason of such disability are incapable of earning a living. Such term also includes such a home which furnishes nursing home care for veterans.

(20) The term “State” means each of the several States, Territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. For the purpose of section 2303 and chapters 34 and 35 of this title, such term also includes the Canal Zone.

(21) 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 (i) on or after July 29, 1945, or (ii) before that date under circumstances affording entitlement to “full military benefits” or (iii) at any time, for the purposes of chapter 13 of this title;

(C) full-time duty as a commissioned officer of the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey (i) on or after July 29, 1945, or (ii) before that date (I) while on transfer to one of the Armed Forces, or (II) while, in time of war or national emergency declared by the President, assigned to duty on a project for one of the Armed Forces in an area determined by the Secretary of Defense to be of immediate military hazard, or (III) in the Philippine Islands on December 7, 1941, and continuously in such islands thereafter, or (iii) at any time, for the purposes of chapter 13 of this title;

(D) service as a cadet at the United States Military, Air Force, or Coast Guard Academy, or as a midshipman at the United States Naval Academy; and

(E) authorized travel to or from such duty or service.


(22) 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 (i) on or after July 29, 1945, or (ii) before that date under circumstances affording entitlement to “full military benefits”, or (iii) at any time, for the purposes of chapter 13 of this title;

(C) in the case of members of the Army National Guard or Air National Guard of any State, full-time duty under section 316, 502, 503, 504, or 505 of title 32, or the prior corresponding provisions of law;

(D) duty performed by a member of a Senior Reserve Officers’ Training Corps program when ordered to such duty for the purpose of training or a practice cruise under chapter 103 of title 10 for a period of not less than four weeks and which must be completed by the member before the member is commissioned; and

(E) authorized travel to or from such duty.


The term does not include duty performed as a temporary member of the Coast Guard Reserve.


(23) The term “inactive duty training” means—

(A) duty (other than full-time duty) prescribed for Reserves (including commissioned officers of the Reserve Corps of the Public Health Service) by the Secretary concerned under section 206 of title 37 or any other provision of law;

(B) special additional duties authorized for Reserves (including commissioned officers of the Reserve Corps of the Public Health Service) by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned; and

(C) training (other than active duty for training) by a member of, or applicant for membership (as defined in section 8140(g) of title 5) in, the Senior Reserve Officers’ Training Corps prescribed under chapter 103 of title 10.


In the case of a member of the Army National Guard or Air National Guard of any State, such term means duty (other than full-time duty) under sections 316, 502, 503, 504, or 505 of title 32, or the prior corresponding provisions of law. Such term does not include (i) work or study performed in connection with correspondence courses, (ii) attendance at an educational institution in an inactive status, or (iii) duty performed as a temporary member of the Coast Guard Reserve.

(24) The term “active military, naval, or air service” includes active duty, any period of active duty for training during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty, and any period of inactive duty training during which the individual concerned was disabled or died from an injury incurred or aggravated in line of duty.

(25) The term “Secretary concerned” means—

(A) the Secretary of the Army, with respect to matters concerning the Army;

(B) the Secretary of the Navy, with respect to matters concerning the Navy or the Marine Corps;

(C) the Secretary of the Air Force, with respect to matters concerning the Air Force;

(D) the Secretary of Transportation, with respect to matters concerning the Coast Guard;

(E) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service; and

(F) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey.


(26) The term “Reserve” means a member of a reserve component of one of the Armed Forces.

(27) The term “reserve component” means, with respect to the Armed Forces—

(A) the Army Reserve;

(B) the Naval Reserve;

(C) the Marine Corps Reserve;

(D) the Air Force Reserve;

(E) the Coast Guard Reserve;

(F) the Army National Guard of the United States; and

(G) the Air National Guard of the United States.


(28) The term “nursing home care” means the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care, but who require nursing care and related medical services, if such nursing care and medical services are prescribed by, or are performed under the general direction of, persons duly licensed to provide such care. Such term includes services furnished in skilled nursing care facilities, in intermediate care facilities, and in combined facilities. It does not include domiciliary care.

(29) The term “Vietnam era” means the following:

(A) The period beginning on February 28, 1961, and ending on May 7, 1975, in the case of a veteran who served in the Republic of Vietnam during that period.

(B) The period beginning on August 5, 1964, and ending on May 7, 1975, in all other cases.


(30) The term “Mexican border period” means the period beginning on May 9, 1916, and ending on April 5, 1917, in the case of a veteran who during such period served in Mexico, on the borders thereof, or in the waters adjacent thereto.

(31) The term “spouse” means a person of the opposite sex who is a wife or husband.

(32) The term “former prisoner of war” means a person who, while serving in the active military, naval or air service, was forcibly detained or interned in line of duty—

(A) by an enemy government or its agents, or a hostile force, during a period of war; or

(B) by a foreign government or its agents, or a hostile force, under circumstances which the Secretary finds to have been comparable to the circumstances under which persons have generally been forcibly detained or interned by enemy governments during periods of war.


(33) The term “Persian Gulf War” means the period beginning on August 2, 1990, and ending on the date thereafter prescribed by Presidential proclamation or by law.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1106; Pub. L. 86–195, Aug. 25, 1959, 73 Stat. 424; Pub. L. 87–674, §1, Sept. 19, 1962, 76 Stat. 558; Pub. L. 87–815, §3, Oct. 15, 1962, 76 Stat. 927; Pub. L. 88–450, §4(c), (d), Aug. 19, 1964, 78 Stat. 504; Pub. L. 89–311, §2(c)(1), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 89–358, §4(d), Mar. 3, 1966, 80 Stat. 24; Pub. L. 90–77, title II, §201, Aug. 31, 1967, 81 Stat. 181; Pub. L. 91–24, §§1(a), (b), 16, June 11, 1969, 83 Stat. 33, 35; Pub. L. 91–262, §1, May 21, 1970, 84 Stat. 256; Pub. L. 91–588, §9(a), (b), Dec. 24, 1970, 84 Stat. 1584; Pub. L. 91–621, §6(a)(1), (2), Dec. 31, 1970, 84 Stat. 1864; Pub. L. 92–198, §5(a), Dec. 15, 1971, 85 Stat. 664; Pub. L. 92–540, title IV, §407, Oct. 24, 1972, 86 Stat. 1092; Pub. L. 94–169, title I, §101(1), Dec. 23, 1975, 89 Stat. 1013; Pub. L. 94–417, §1(b), Sept. 21, 1976, 90 Stat. 1277; Pub. L. 95–126, §3, Oct. 8, 1977, 91 Stat. 1108; Pub. L. 95–202, title III, §309(a), Nov. 23, 1977, 91 Stat. 1446; Pub. L. 95–588, title III, §301, Nov. 4, 1978, 92 Stat. 2506; Pub. L. 96–22, title IV, §401, June 13, 1979, 93 Stat. 62; Pub. L. 97–37, §3(a), Aug. 14, 1981, 95 Stat. 936; Pub. L. 97–295, §4(2), (95)(A), Oct. 12, 1982, 96 Stat. 1304, 1313; Pub. L. 97–306, title I, §113(a), Oct. 14, 1982, 96 Stat. 1432; Pub. L. 98–223, title II, §201, Mar. 2, 1984, 98 Stat. 41; Pub. L. 99–576, title VII, §702(1), Oct. 28, 1986, 100 Stat. 3301; Pub. L. 100–322, title I, §103(a), title III, §311, May 20, 1988, 102 Stat. 493, 534; Pub. L. 100–456, div. A, title VI, §633(c), Sept. 29, 1988, 102 Stat. 1987; Pub. L. 101–237, §2(a), Dec. 18, 1989, 103 Stat. 2062; Pub. L. 102–25, title III, §332, Apr. 6, 1991, 105 Stat. 88; Pub. L. 102–40, title IV, §402(d)(1), May 7, 1991, 105 Stat. 239; Pub. L. 102–54, §14(a)(1), June 13, 1991, 105 Stat. 282; Pub. L. 102–83, §§4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 103–446, title XII, §1201(a)(1), Nov. 2, 1994, 108 Stat. 4682; Pub. L. 104–275, title V, §505(a), Oct. 9, 1996, 110 Stat. 3342.)

References in Text

For definition of Canal Zone, referred to in par. (20), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Amendments

1996—Par. (29). Pub. L. 104–275 amended par. (29) generally. Prior to amendment, par. (29) read as follows: “The term ‘Vietnam era’ means the period beginning August 5, 1964, and ending on May 7, 1975.”

1994—Par. (1). Pub. L. 103–446 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The terms ‘Secretary’ and ‘Administrator’ mean the Secretary of Veterans Affairs, and the terms ‘Department’ and ‘Department’ mean the Department of Veterans Affairs.”

1991—Par. (1). Pub. L. 102–83, §4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

Par. (4)(A). Pub. L. 102–83, §4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in concluding provisions.

Pub. L. 102–40 substituted “8502(b)” for “5202(b)” in introductory provisions.

Par. (4)(B)(i). Pub. L. 102–83, §5(c)(1), substituted “3566” for “1766” in introductory provisions.

Par. (11). Pub. L. 102–25, §332(1), inserted “the Persian Gulf War,” after “the Vietnam era,”.

Pars. (13) to (15). Pub. L. 102–83, §4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Par. (20). Pub. L. 102–83, §5(c)(1), substituted “2303” for “903”.

Par. (21)(C)(ii). Pub. L. 102–54 redesignated subcls. (a), (b), and (c) as (I), (II), and (III), respectively.

Par. (32)(B). Pub. L. 102–83, §4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Par. (33). Pub. L. 102–25, §332(2), added par. (33).

1989—Par. (1). Pub. L. 101–237 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘Administrator’ means the Administrator of Veterans’ Affairs.”

1988—Par. (22)(D). Pub. L. 100–456, §633(c)(1), substituted “training or a practice cruise under chapter 103 of title 10 for a period of not less than four weeks and which must be completed by the member before the member is commissioned” for “field training or a practice cruise under chapter 103 of title 10”.

Par. (23)(C). Pub. L. 100–456, §633(c)(2), added subpar. (C).

Par. (28). Pub. L. 100–322, §103(a), substituted “who require nursing care” for “who require skilled nursing care” and “Such term includes services furnished in skilled nursing care facilities, in intermediate care facilities, and in combined facilities. It does not include domiciliary care.” for “The term includes intensive care where the nursing service is under the supervision of a registered professional nurse.”

Par. (32)(B). Pub. L. 100–322, §311, struck out “during a period other than a period of war in which such person was held” before “under circumstances which”.

1986—Pars. (22)(C), (23), (27)(F). Pub. L. 99–576, §702(1)(A), inserted “Army” before “National Guard”.

Par. (31). Pub. L. 99–576, §702(1)(B), struck out “and the term ‘surviving spouse’ means a person of the opposite sex who is a widow or widower” after “husband”.

1984—Par. (4)(A). Pub. L. 98–223 inserted provision that a person described in cl. (ii) of first sentence of subpar. (A) who was a member of a veteran's household at the time the person became 18 years of age and who is adopted by the veteran be recognized as a legally adopted child of the veteran regardless of the age of such person at the time of the adoption.

1982—Par. (4)(A). Pub. L. 97–295, §4(2), substituted “before August 26, 1961, or within two years after the veteran's death” for “within two years after the veteran's death or the date of enactment of this sentence”.

Par. (22)(C). Pub. L. 97–306, §113(a)(1), struck out “and” after “of law;”.

Par. (22)(D), (E). Pub. L. 97–306, §113(a)(2), (3), added subpar. (D) and redesignated former subpar. (D) as (E).

Par. (25)(E). Pub. L. 97–295, §4(95)(A), substituted “Health and Human Services” for “Health, Education, and Welfare”.

1981—Par. (32). Pub. L. 97–37 added par. (32).

1979—Par. (4). Pub. L. 96–22 designated existing provisions as subpar. (A) and existing subpars. (A), (B), and (C) thereof as cls. (i), (ii), and (iii), respectively, and added subpar. (B).

1978—Par. (15). Pub. L. 95–588 inserted “or other periodic” after “monthly”.

1977—Par. (18). Pub. L. 95–126 designated existing provisions as cl. (A) and added cl. (B).

Par. (29). Pub. L. 95–202 substituted “May 7, 1975” for “such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress.”

1976—Par. (19). Pub. L. 94–417 struck out “of any war (including the Indian Wars)” before “disabled” and “of any war” after “care for veterans”.

1975—Par. (3). Pub. L. 94–169, §101(1)(A), substituted “surviving spouse” for “widow”, “person of the opposite sex” for “woman”, “spouse” for “wife” wherever appearing, “the veteran's” for “his” wherever appearing, “with the veteran” for “with him”, “person” for “man” wherever appearing and “himself or herself” for “herself”.

Par. (4). Pub. L. 94–169, §101(1)(B), substituted “regular contributions toward the person's support from some individual other than the veteran or the veteran's spouse” for “regular contribution toward his support from some individual other than the veteran or his spouse”.

Par. (5). Pub. L. 94–169, §101(1)(C), substituted “before the veteran's entry” for “before his entry”.

Pars. (13) to (15). Pub. L. 94–169, §101(1)(D)–(F), substituted “surviving spouse” for “widow” wherever appearing.

Par. (31). Pub. L. 94–169, §101(1)(G), added par. (31).

1972—Par. (4). Pub. L. 92–540 inserted provision recognizing as a legally adopted child a person who has been placed for adoption under an agreement entered into by the adopting parent or parents with an agency authorized by law to so act.

1971—Par. (30). Pub. L. 92–198 struck out service requirement of 90 days or more.

1970—Par. (4). Pub. L. 91–262 inserted provision recognizing an adopted child of a veteran as a dependent from the date of issuance of an interlocutory decree.

Par. (11). Pub. L. 91–588, §9(a), inserted reference to the Mexican border period.

Par. (21)(C). Pub. L. 91–621, §6(a)(1), included within “active duty” duty as a commissioned officer of the National Oceanic and Atmospheric Administration or its predecessor organization.

Par. (25)(F). Pub. L. 91–621, §6(a)(2), inserted “the National Oceanic and Atmospheric Administration or its predecessor organization” before “the Coast and Geodetic Survey”.

Par. (30). Pub. L. 91–588, §9(b), added par. (30).

1969—Par. (3). Pub. L. 91–24, §16, substituted “September 16, 1962” for “enactment of the 1962 amendment to this paragraph”.

Par. (23)(A). Pub. L. 91–24, §1(a), substituted “section 206 of title 37” for “section 301 of title 37”.

Par. (25)(D). Pub. L. 91–24, §1(b), substituted “Secretary of Transportation” for “Secretary of the Treasury”.

1967—Par. (11). Pub. L. 90–77, §201(a), included Vietnam era within definition of “period of war” and substituted “the date” for “a date”.

Par. (29). Pub. L. 90–77, §201(b), added par. (29).

1966—Par. (20). Pub. L. 89–358 defined “State” to include the Canal Zone for the purpose of section 903 and chapters 34 and 35 of this title.

1965—Par. (4)(C). Pub. L. 89–311 substituted “twenty-three years” for “twenty-one years”.

1964—Par. (19). Pub. L. 88–450, §4(c), included within “State home” a home which furnishes nursing home care for veterans of any war.

Par. (28). Pub. L. 88–450, §4(d), added par. (28).

1962—Par. (3). Pub. L. 87–674 inserted requirement that a widow, in cases not involving remarriage, must not, since the death of the veteran and after the enactment of this amendment, have lived with another man and held herself out openly to the public to be the wife of such other man, and struck out “(unless the purported remarriage is void)” after “who has not remarried”.

Par. (26). Pub. L. 87–815 substituted “ ‘Reserve’ means a member” for “ ‘Reserves’ means members”.

1959—Par. (4). Pub. L. 86–195 provided that a person shall be deemed, as of the date of death of a veteran, to be the legally adopted child of the veteran if such person was at the time of the veteran's death living in the veteran's household and was legally adopted by the surviving spouse of the veteran within two years after the veteran's death or Aug. 25, 1959, the date of enactment of Pub. L. 86–195, provided that such person was not receiving regular contributions toward his support from some individual other than the veteran or his spouse, or from any public or private welfare organization.

Effective Date of 1996 Amendment

Section 505(d) of Pub. L. 104–275 provided that: “The amendments made by this section [amending this section and sections 1116 and 1710 of this title] shall take effect on January 1, 1997. No benefit may be paid or provided by reason of such amendments for any period before such date.”

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–456 applicable only with respect to training performed after Sept. 30, 1988, see section 633(e) of Pub. L. 100–456, set out as a note under section 2109 of Title 10, Armed Forces.

Effective Date of 1982 Amendment

Section 113(d) of Pub. L. 97–306, as amended by Pub. L. 98–223, title II, §210, Mar. 2, 1984, 98 Stat. 45, provided that: “The amendments made by subsections (a) [amending this section] and (b) [repealing former section 403 of this title] and the provisions of subsection (c) [set out as a note under section 8140 of Title 5, Government Organization and Employees]—

“(1) with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated after September 30, 1982, shall take effect as of October 1, 1982; and

“(2) with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated before October 1, 1982, shall take effect as of October 1, 1983.”

Effective Date of 1978 Amendment

Section 401 of Pub. L. 95–588 provided that: “The amendments made by this Act [see Tables for classification] to title 38, United States Code, shall become effective on January 1, 1979.”

Effective Date of 1977 Amendments

Section 501 of Pub. L. 95–202 provided that: “The provisions of this Act [see Tables for classification] shall become effective on the first day of the first month beginning 60 days after the date of enactment of this Act [Nov. 23, 1977], except that the provisions of title I and section 304(a)(1)(A) shall be effective retroactively to October 1, 1977, the provisions of sections 201 and 202 shall become effective on January 1, 1978, the provisions of section 203 shall be effective retroactively to May 31, 1976, and the provisions of sections 301, 302(2), 304(a)(1)(B), 304(a)(2), 305(a)(3), 305(b)(2), 305(b)(3), 305(b)(4), 305(c), 306, 307, 308, 309, and 310 and of title IV shall be effective upon enactment [Nov. 23, 1977].”

Amendment by Pub. L. 95–126 effective Oct. 8, 1977, see section 5 of Pub. L. 95–126, set out as a note under section 5303 of this title.

Effective Date of 1975 Amendment

Section 101 of Pub. L. 94–169 provided that the amendment made by that section is effective Jan. 1, 1976.

Effective Date of 1971 Amendment

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.

Effective Date of 1970 Amendment

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.

Effective Date of 1967 Amendment

Section 405 of Pub. L. 90–77 provided that:

“(a) Except as provided in subsections (b) and (c) of this section, this Act [see Tables for classification] shall become effective on the first day of the first calendar month which begins more than ten days after the date of enactment of this Act [Aug. 31, 1967].

“(b) The amendments made by section 203 of this Act [amending sections 602 and 612 [now 1702 and 1712 of this title] shall become effective upon enactment [Aug. 31, 1967].

“(c) The amendments made by title II [§§201–204] of this Act [amending this section] relating to the payment of burial benefits in the case of veterans of the Vietnam era shall become effective on the date of enactment of this Act [Aug. 31, 1967]. If the burial allowance authorized by section 902 [now 2302] of title 38, United States Code is payable solely by virtue of the enactment of this Act, the two-year period for filing applications, referred to in section 904 [now 2304] of such title 38, shall not end, with respect to an individual whose death occurred prior to the enactment of this Act; before the expiration of the two-year period which begins on the date of enactment of this Act; or in any case involving the correction of a discharge after the date of enactment of this Act; before the expiration of two years from the date of such correction.”

Effective Date of 1965 Amendment

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.

Short Title of 1998 Amendments

Pub. L. 105–368, §1(a), Nov. 11, 1998, 112 Stat. 3315, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans Programs Enhancement Act of 1998’.”

Pub. L. 105–368, title VIII, §801, Nov. 11, 1998, 112 Stat. 3352, provided that: “This title [enacting sections 7671 to 7676 and 7681 to 7684 of this title, amending sections 7601 to 7604, 7632, and 7636 of this title, and repealing provisions set out as a note under section 7601 of this title] may be cited as the ‘Department of Veterans Affairs Health Care Personnel Incentive Act of 1998’.”

Pub. L. 105–277, div. C, title XVI, §1601, Oct. 21, 1998, 112 Stat. 2681–742, provided that: “This title [enacting section 1118 of this title, amending sections 1113 and 1117 of this title, and enacting provisions set out as a note under section 1117 of this title] may be cited as the ‘Persian Gulf War Veterans Act of 1998’.”

Pub. L. 105–178, title VIII, §8201, June 9, 1998, 112 Stat. 492, provided that: “This subtitle [subtitle B (§§8201–8209) of title VIII of Pub. L. 105–178, amending sections 1110, 1131, 1311, 2102, 3015, and 3902 of this title and section 16131 of Title 10, Armed Forces, and enacting provisions set out as notes under sections 1311, 1521, 2102, 3015, and 3902 of this title and sections 1174 and 16131 of Title 10] may be cited as the ‘Veterans Benefits Act of 1998’.”

Short Title of 1997 Amendments

Pub. L. 105–114, §1(a), Nov. 21, 1997, 111 Stat. 2277, provided that: “This Act [enacting sections 319, 516, 1771 to 1774, and 7322 of this title, amending sections 1710, 1717, 1720, 1720A, 1720C, 1801, 1804, 1806, 2303, 3015, 3018C, 3680A, 3735, 3761, 3762, 5310, 7618, 8153, and 8169 of this title and sections 11448 and 11450 of Title 42, The Public Health and Welfare, repealing section 8168 of this title, enacting provisions set out as notes under sections 319, 516, 1710, 1801, 7322, and 7611 of this title, amending provisions set out as a note under section 7721 of this title, and repealing provisions set out as notes under sections 527, 1712, 1718, and 7721 of this title] may be cited as the ‘Veterans’ Benefits Act of 1997’.”

Pub. L. 105–98, §1(a), Nov. 19, 1997, 111 Stat. 2155, provided that: “This Act [amending sections 1114, 1115, 1162, 1311, 1313, and 1314 of this title and enacting provisions set out as notes under section 1114 of this title] may be cited as the ‘Veterans’ Compensation Rate Amendments of 1997’.”

Pub. L. 105–33, title VIII, §8001(a), Aug. 5, 1997, 111 Stat. 663, provided that: “This title [enacting sections 1103, 1303, and 1729A of this title, amending sections 712, 1710, 1722A, 1729, 3720, 3726, 3729, 3732, 5302, 5317, and 5503 of this title, enacting provisions set out as notes under sections 712, 1729, 1729A, and 3726 of this title, and amending provisions set out as a note under section 1710 of this title] may be cited as the ‘Veterans Reconciliation Act of 1997’.”

Short Title of 1996 Amendments

Section 1(a) of Pub. L. 104–275 provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Benefits Improvements Act of 1996’.”

Section 401 of title IV of Pub. L. 104–275 provided that: “This title [amending sections 1315, 1965, 1967 to 1971, 1973, 1974, 1977, 3017, and 3224 of this title and enacting provisions set out as notes under sections 1965 and 1968 of this title] may be cited as the ‘Veterans’ Insurance Reform Act of 1996’.”

Pub. L. 104–263, §1, Oct. 9, 1996, 110 Stat. 3212, provided that: “This Act [enacting provisions set out as a note under section 1114 of this title] may be cited as the ‘Veterans’ Compensation Cost-of-Living Adjustment Act of 1996’.”

Pub. L. 104–262, §1(a), Oct. 9, 1996, 110 Stat. 3177, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Health Care Eligibility Reform Act of 1996’.”

Pub. L. 104–106, div. B, title XXVIII, §2822(a), Feb. 10, 1996, 110 Stat. 556, provided that: “This section [enacting section 3708 of this title and provisions set out as a note under section 3708 of this title] may be cited as the ‘Military Housing Assistance Act of 1995’.”

Short Title of 1995 Amendment

Pub. L. 104–57, §1, Nov. 22, 1995, 109 Stat. 555, provided that: “This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the ‘Veterans’ Compensation Cost-of-Living Adjustment Act of 1995’.”

Short Title of 1994 Amendments

Pub. L. 103–452, §1(a), Nov. 2, 1994, 108 Stat. 4783, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans Health Programs Extension Act of 1994’.”

Section 1(a) of Pub. L. 103–446 provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Benefits Improvements Act of 1994’.”

Section 101 of title I of Pub. L. 103–446 provided that: “This Act [probably means title I of Pub. L. 103–446, see Tables for classification] may be cited as the ‘Persian Gulf War Veterans’ Benefits Act’.”

Pub. L. 103–418, §1, Oct. 25, 1994, 108 Stat. 4336, provided that: “This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the ‘Veterans’ Compensation Cost-of-Living Adjustment Act of 1994’.”

Pub. L. 103–353, §1, Oct. 13, 1994, 108 Stat. 3149, provided that: “This Act [see Tables for classification] may be cited as the ‘Uniformed Services Employment and Reemployment Rights Act of 1994’.”

Pub. L. 103–271, §1, July 1, 1994, 108 Stat. 740, provided that: “This Act [see Tables for classification] may be cited as the ‘Board of Veterans’ Appeals Administrative Procedures Improvement Act of 1994’.”

Short Title of 1993 Amendments

Pub. L. 103–140, §1(a), Nov. 11, 1993, 107 Stat. 1485, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Compensation Rates Amendments of 1993’.”

Pub. L. 103–66, title XII, §12001, Aug. 10, 1993, 107 Stat. 413, provided that: “This title [see Tables for classification] may be cited as the ‘Veterans Reconciliation Act of 1993’.”

Short Title of 1992 Amendments

Pub. L. 102–590, §1, Nov. 10, 1992, 106 Stat. 5136, provided that: “This Act [see Tables for classification] may be cited as the ‘Homeless Veterans Comprehensive Service Programs Act of 1992’.”

Pub. L. 102–585, §1(a), Nov. 4, 1992, 106 Stat. 4943, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans Health Care Act of 1992’.”

Pub. L. 102–585, title I, §101, Nov. 4, 1992, 106 Stat. 4944, provided that: “This title [see Tables for classification] may be cited as the ‘Women Veterans Health Programs Act of 1992’.”

Pub. L. 102–578, §1, Oct. 30, 1992, 106 Stat. 4774, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Radiation Exposure Amendments of 1992’.”

Pub. L. 102–568, §1(a), Oct. 29, 1992, 106 Stat. 4320, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Benefits Act of 1992’.”

Pub. L. 102–568, title I, §101, Oct. 29, 1992, 106 Stat. 4321, provided that: “This title [see Tables for classification] may be cited as the ‘Dependency and Indemnity Compensation Reform Act of 1992’.”

Pub. L. 102–547, §1, Oct. 28, 1992, 106 Stat. 3633, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans Home Loan Program Amendments of 1992’.”

Pub. L. 102–510, §1, Oct. 24, 1992, 106 Stat. 3318, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Compensation Cost-of-Living Adjustment Act of 1992’.”

Pub. L. 102–405, §1(a), Oct. 9, 1992, 106 Stat. 1972, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Medical Programs Amendments of 1992’.”

Short Title of 1991 Amendments

Pub. L. 102–152, §1(a), Nov. 12, 1991, 105 Stat. 985, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Compensation Rate Amendments of 1991’.”

Pub. L. 102–127, §1, Oct. 10, 1991, 105 Stat. 619, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Educational Assistance Amendments of 1991’.”

Section 1(a) of Pub. L. 102–86 provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Benefits Programs Improvement Act of 1991’.”

Section 1(a) of Pub. L. 102–83 provided that: “This Act [see Tables for classification] may be cited as the ‘Department of Veterans Affairs Codification Act’.”

Section 1(a) of Pub. L. 102–40 provided that: “This Act [see Tables for classification] may be cited as the ‘Department of Veterans Affairs Health-Care Personnel Act of 1991’.”

Section 101 of title I of Pub. L. 102–40 provided that: “This title [see Tables for classification] may be cited as the ‘Department of Veterans Affairs Physician and Dentist Recruitment and Retention Act of 1991’.”

Section 201 of title II of Pub. L. 102–40 provided that: “This title [see Tables for classification] may be cited as the ‘Department of Veterans Affairs Labor Relations Improvement Act of 1991’.”

Section 331 of Pub. L. 102–25 provided that: “This part [part C (§§331–341) of title III of Pub. L. 102–25, see Tables for classification] may be cited as the ‘Persian Gulf War Veterans’ Benefits Act of 1991’.”

Pub. L. 102–4, §1, Feb. 6, 1991, 105 Stat. 11, provided that: “This Act [see Tables for classification] may be cited as the ‘Agent Orange Act of 1991’.”

Pub. L. 102–3, §1(a), Feb. 6, 1991, 105 Stat. 7, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Compensation Amendments of 1991’.”

Short Title of 1990 Amendment

Pub. L. 101–366, §1, Aug. 15, 1990, 104 Stat. 430, provided that: “This Act [see Tables for classification] may be cited as the ‘Department of Veterans Affairs Nurse Pay Act of 1990’.”

Short Title of 1989 Amendments

Section 1(a) of Pub. L. 101–237 provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Benefits Amendments of 1989’.”

Section 301 of title III of Pub. L. 101–237 provided that: “This title [see Tables for classification] may be cited as the ‘Veterans Home Loan Indemnity and Restructuring Act of 1989’.”

Section 401 of title IV of Pub. L. 101–237 provided that: “This title [see Tables for classification] may be cited as the ‘Veterans Education and Employment Amendments of 1989’.”

Pub. L. 101–94, §1, Aug. 16, 1989, 103 Stat. 617, provided that: “This Act [see Tables for classification] may be cited as the ‘Court of Veterans Appeals Judges Retirement Act’.”

Short Title of 1988 Amendments

Pub. L. 100–689, §1, Nov. 18, 1988, 102 Stat. 4161, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Benefits and Programs Improvement Act of 1988’.”

Pub. L. 100–687, div. A, §1(a), Nov. 18, 1988, 102 Stat. 4105, provided that: “This division [see Tables for classification] may be cited as the ‘Veterans’ Judicial Review Act’.”

Pub. L. 100–687, div. B, §1001(a), Nov. 18, 1988, 102 Stat. 4122, provided that: “This division [see Tables for classification] may be cited as the ‘Veterans’ Benefits Improvement Act of 1988’.”

For short title of Pub. L. 100–527 as the “Department of Veterans Affairs Act”, see section 1 of Pub. L. 100–527, set out as a note under section 301 of this title.

Pub. L. 100–323, §1(a), May 20, 1988, 102 Stat. 556, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Employment, Training, and Counseling Amendments of 1988’.”

Section 1(a) of Pub. L. 100–322 provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Benefits and Services Act of 1988’.”

Pub. L. 100–321, §1, May 20, 1988, 102 Stat. 485, provided that: “This Act [see Tables for classification] may be cited as the ‘Radiation-Exposed Veterans Compensation Act of 1988’.”

Pub. L. 100–253, §1, Feb. 29, 1988, 102 Stat. 20, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Home Loan Program Emergency Amendments of 1988’.”

Short Title of 1987 Amendments

Pub. L. 100–227, §1(a), Dec. 31, 1987, 101 Stat. 1552, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Compensation Cost-of-Living Adjustment Act of 1987’.”

Pub. L. 100–198, §1(a), Dec. 21, 1987, 101 Stat. 1315, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Home Loan Program Improvements and Property Rehabilitation Act of 1987’.”

Pub. L. 100–48, §1, June 1, 1987, 101 Stat. 331, provided that: “This Act [see Tables for classification] may be cited as the ‘New GI Bill Continuation Act’.”

Short Title of 1986 Amendments

Section 1(a) of Pub. L. 99–576 provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Benefits Improvement and Health-Care Authorization Act of 1986’.”

Pub. L. 99–272, title XIX, §19001(a), Apr. 7, 1986, 100 Stat. 372, provided that: “This title [see Tables for classification] may be cited as the ‘Veterans’ Health-Care Amendments of 1986’.”

Pub. L. 99–238, §1, Jan. 13, 1986, 99 Stat. 1765, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Compensation Rate Increase and Job Training Amendments of 1985’.”

Short Title of 1985 Amendment

Pub. L. 99–166, §1(a), Dec. 3, 1985, 99 Stat. 941, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Administration Health-Care Amendments of 1985’.”

Short Title of 1984 Amendments

Pub. L. 98–543, §1(a), Oct. 24, 1984, 98 Stat. 2735, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Benefits Improvement Act of 1984’.”

For short title of Pub. L. 98–542 as the “Veterans’ Dioxin and Radiation Exposure Compensation Standards Act”, see section 1 of Pub. L. 98–542, set out as a note under section 1154 of this title.

Pub. L. 98–528, §1(a), Oct. 19, 1984, 98 Stat. 2686, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Health Care Act of 1984’.”

Pub. L. 98–525, title VII, §701, Oct. 19, 1984, 98 Stat. 2553, as amended by Pub. L. 100–48, §2, June 1, 1987, 101 Stat. 331, provided that: “This title [see Tables for classification] may be cited as the ‘Montgomery GI Bill Act of 1984’.”

Section 1 of Pub. L. 98–223 provided in part: “That (a) this Act [see Tables for classification] may be cited as the ‘Veterans’ Compensation and Program Improvements Amendments of 1984’.”

Short Title of 1983 Amendment

Pub. L. 98–160, §1(a), Nov. 21, 1983, 97 Stat. 993, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Health Care Amendments of 1983’.”

Short Title of 1982 Amendments

Section 1(a) of Pub. L. 97–306 provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Compensation, Education, and Employment Amendments of 1982’.”

Pub. L. 97–251, §1(a), Sept. 8, 1982, 96 Stat. 711, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Administration Health-Care Programs Improvement and Extension Act of 1982’.”

Pub. L. 97–174, §1, May 4, 1982, 96 Stat. 70, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans’ Administration and Department of Defense Health Resources Sharing and Emergency Operations Act’.”

Short Title of 1981 Amendments

Pub. L. 97–72, §1(a), Nov. 3, 1981, 95 Stat. 1047, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Health Care, Training, and Small Business Loan Act of 1981’.”

Pub. L. 97–72, title III, §301, Nov. 3, 1981, 95 Stat. 1055, provided that: “This title [see Tables for classification] may be cited as the ‘Veterans’ Small Business Loan Act of 1981’.”

Pub. L. 97–66, §1(a), Oct. 17, 1981, 95 Stat. 1026, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981’.”

Pub. L. 97–37, §1(a), Aug. 14, 1981, 95 Stat. 935, provided that: “this Act [see Tables for classification] may be cited as the ‘Former Prisoner of War Benefits Act of 1981’.”

Short Title of 1980 Amendments

Pub. L. 96–466, §1(a), Oct. 17, 1980, 94 Stat. 2171, provided that: “this Act [see Tables for classification] may be cited as the ‘Veterans’ Rehabilitation and Education Amendments of 1980’.”

Pub. L. 96–385, §1(a), Oct. 7, 1980, 94 Stat. 1528, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Disability Compensation and Housing Benefits Amendments of 1980’.”

Pub. L. 96–330, §1(a), Aug. 26, 1980, 94 Stat. 1030, provided that: “this Act [see Tables for classification] may be cited as the ‘Veterans’ Administration and Health-Care Amendments of 1980’.”

Short Title of 1979 Amendments

Pub. L. 96–151, §1(a), Dec. 20, 1979, 93 Stat. 1092, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans Health Programs Extension and Improvement Act of 1979’.”

Pub. L. 96–128, §1, Nov. 28, 1979, 93 Stat. 982, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans’ Disability Compensation and Survivors’ Benefits Amendments of 1979’.”

Section 1(a) of Pub. L. 96–22 provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Health Care Amendments of 1979’.”

Short Title of 1978 Amendments

Section 1 of Pub. L. 95–588 provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans’ and Survivors’ Pension Improvement Act of 1978’.”

Pub. L. 95–520, §1, Oct. 26, 1978, 92 Stat. 1820, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans’ Administration Programs Extension Act of 1978’.”

Pub. L. 95–479, §1(a), Oct. 18, 1978, 92 Stat. 1560, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Disability Compensation and Survivors’ Benefits Act of 1978’.”

Pub. L. 95–476, §1(a), Oct. 18, 1978, 92 Stat. 1497, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Housing Benefits Act of 1978’.”

Short Title of 1977 Amendments

Pub. L. 95–204, §1, Dec. 2, 1977, 91 Stat. 1455, provided: “That this Act [see Tables for classification] be cited as the ‘Veterans and Survivors Pension Adjustment Act of 1977’.”

Section 1 of Pub. L. 95–202 provided: “That this Act [see Tables for classification] may be cited as the ‘GI Bill Improvement Act of 1977’.”

Pub. L. 95–201, §1, Nov. 23, 1977, 91 Stat. 1429, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans’ Administration Physician and Dentist Pay Comparability Amendments of 1977’.”

Pub. L. 95–117, §1, Oct. 3, 1977, 91 Stat. 1063, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans Disability Compensation and Survivor Benefits Act of 1977’.”

Pub. L. 95–62, §1, July 5, 1977, 91 Stat. 262, provided: “That this Act [see Tables for classification] may be cited as the ‘State Veterans’ Home Assistance Improvement Act of 1977’.”

Short Title of 1976 Amendments

Pub. L. 94–581, §1, Oct. 21, 1976, 90 Stat. 2842, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans Omnibus Health Care Act of 1976’.”

Pub. L. 94–581, title II, §201, Oct. 21, 1976, 90 Stat. 2855, provided that: “This title [see Tables for classification] may be cited as the ‘Veterans Medical Technical and Conforming Amendments of 1976’.”

Pub. L. 94–502, §1, Oct. 15, 1976, 90 Stat. 2383, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans’ Education and Employment Assistance Act of 1976’.”

Pub. L. 94–502, §401, Oct. 15, 1976, 90 Stat. 2392, provided that: “This title [see Tables for classification] may be cited as the ‘Post-Vietnam Era Veterans’ Educational Assistance Act of 1977’.”

Pub. L. 94–433, §1, Sept. 30, 1976, 90 Stat. 1374, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans Disability Compensation and Survivor Benefits Act of 1976’.”

Pub. L. 94–432, §1, Sept. 30, 1976, 90 Stat. 1369, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans and Survivors Pension Adjustment Act of 1976’.”

Pub. L. 94–324, §1, June 30, 1976, 90 Stat. 721, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans Housing Amendments Act of 1976’.”

Short Title of 1975 Amendments

Section 1 of Pub. L. 94–169 provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans and Survivors Pension Interim Adjustment Act of 1975’.”

Pub. L. 94–123, §1, Oct. 22, 1975, 89 Stat. 669, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans’ Administration Physician and Dentist Pay Comparability Act of 1975’.”

Pub. L. 94–71, §1, Aug. 5, 1975, 89 Stat. 395, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans Disability Compensation and Survivor Benefits Act of 1975’.”

Short Title of 1974 Amendments

Pub. L. 93–602, title II, §201, Jan. 2, 1975, 88 Stat. 1958, provided that: “This title [see Tables for classification] may be cited as the ‘Veterans’ Education and Rehabilitation Equalization Amendments Act of 1974’.”

Pub. L. 93–569, §1, Dec. 31, 1974, 88 Stat. 1863, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans Housing Act of 1974’.”

Pub. L. 93–538, §1, Dec. 22, 1974, 88 Stat. 1736, provided: “That this Act [see Tables for classification] may be cited as the ‘Disabled Veterans’ and Servicemen's Automobile and Adaptive Equipment Amendments of 1974’.”

Pub. L. 93–527, §1, Dec. 21, 1974, 88 Stat. 1702, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans and Survivors Pension Adjustment Act of 1974’.”

Pub. L. 93–508, §1, Dec. 3, 1974, 88 Stat. 1578, provided: “That this Act [see Tables for classification] may be cited as the ‘Vietnam Era Veterans’ Readjustment Assistance Act of 1974’.”

Pub. L. 93–295, §1, May 31, 1974, 88 Stat. 180, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans Disability Compensation and Survivor Benefits Act of 1974’.”

Pub. L. 93–289, §1, May 24, 1974, 88 Stat. 165, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans’ Insurance Act of 1974’.”

Short Title of 1973 Amendments

Pub. L. 93–82, §1, Aug. 2, 1973, 87 Stat. 179, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans Health Care Expansion Act of 1973’.”

Pub. L. 93–43, §1, June 18, 1973, 87 Stat. 75, provided: “That this Act [see Tables for classification] may be cited as the ‘National Cemeteries Act of 1973’.”

Short Title of 1972 Amendments

Pub. L. 92–541, §1, Oct. 24, 1972, 86 Stat. 1100, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans’ Administration Medical School Assistance and Health Manpower Training Act of 1972’.”

Section 1 of Pub. L. 92–540 provided: “That this Act [see Tables for classification] may be cited as the ‘Vietnam Era Veterans’ Readjustment Assistance Act of 1972’.”

Section 501 of title V of Pub. L. 92–540 provided that: “This title [see Tables for classification] may be cited as the ‘Veterans’ Employment and Readjustment Act of 1972’.”

Pub. L. 92–328, §1, June 30, 1972, 86 Stat. 393, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Compensation and Relief Act of 1972’.”

Short Title of 1971 Amendment

Pub. L. 91–666, §1, Jan. 11, 1971, 84 Stat. 1998, provided: “That this Act [see Tables for classification] may be cited as the ‘Disabled Veterans’ and Servicemen's Automobile Assistance Act of 1970’.”

Short Title of 1970 Amendments

Pub. L. 91–506, §1, Oct. 23, 1970, 84 Stat. 1108, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans’ Housing Act of 1970’.”

Pub. L. 91–219, §1, Mar. 26, 1970, 84 Stat. 76, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans Education and Training Amendments Act of 1970’.”

Short Title of 1967 Amendment

Section 1 of Pub. L. 90–77 provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Pension and Readjustment Assistance Act of 1967’.”

Short Title of 1966 Amendments

Pub. L. 89–785, §1, Nov. 7, 1966, 80 Stat. 1368, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans Hospitalization and Medical Services Modernization Amendments of 1966’.”

Section 1 of Pub. L. 89–358 provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Readjustment Benefits Act of 1966’.”

Short Title of 1959 Amendment

Pub. L. 86–211, §1, Aug. 29, 1959, 73 Stat. 432, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans’ Pension Act of 1959’.”

Redesignation of Sections; Coordination of Redesignations With Other Amendments by Pub. L. 102–83

Section 5 of Pub. L. 102–83 provided that:

“(a) Redesignation of Sections To Conform To Chapter Numbers.—Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

“(b) Tables of Sections and Chapters.—(1) The tables of sections at the beginning of the chapters referred to in subsection (a) are revised so as to conform the section references in those tables to the redesignations made by that subsection.

“(2) The table of chapters before part I and the tables of chapters at the beginning of parts I, II, and III are revised so as to conform the section references in those tables to the redesignations made by subsection (a).

“(c) Cross-References.—(1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

“(2) Any reference in a provision of law other than title 38, United States Code, to a section redesignated by subsection (a) shall be deemed to refer to the section as so redesignated.

“(d) Rule for Execution.—The redesignations made by subsection (a) and the amendments made by subsections (b) and (c) shall be executed after any other amendments made by this Act [see Tables for classification].”

Study of Benefits Payable to Persons Residing Outside the United States; Report and Recommendations Not Later Than February 1, 1980

Pub. L. 96–22, title IV, §402, June 13, 1979, 93 Stat. 63, authorized Administrator of Veterans’ Affairs, in consultation with Secretary of State, to carry out a comprehensive study of benefits payable under this title to persons residing outside the fifty States and the District of Columbia and required submission of a report to Congress and to President on results of such study not later than Feb. 1, 1980.

Disability Compensation or Dependency and Indemnity Compensation Award; Effective Date

Section 6(b) of Pub. L. 91–621 provided that the effective date of an award by Veteran's Administration arising from injury or death occurring prior to Dec. 31, 1970, and based on a claim arising from amendments made to pars. (21)(C), (25)(F) of this section and 3105 [now 5305] of this title, shall be the date following date of discharge or release, or the first day of the month in which death occurred, provided that the application was filed within six months after Dec. 31, 1970.

Proc. No. 4373. Terminal Date Respecting Service During Vietnam Era

Proc. No. 4373, May 7, 1975, 40 F.R. 20257, provided:

The Congress has provided that entitlement to certain veterans benefits be limited to persons serving in the Armed Forces during the period, beginning August 5, 1964, referred to as the Vietnam era. The President is authorized to determine the last day on which a person must have entered the active military, naval, or air service during that period.

The signing of the cease-fire agreements and implementing protocols on January 27, 1973, between the United States of America and the Republic of Vietnam, on the one hand, and the Democratic Republic of Vietnam and the Provisional Revolutionary Government of the Republic of South Vietnam on the other hand, has terminated active participation by the Armed Forces of the United States in the Vietnam conflict.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, by virtue of the authority vested in me by Section 101(29) of Title 38 of the United States Code, do hereby proclaim, for the purposes of said Section 101(29), that May 7, 1975, is designated as the last day of the “Vietnam era.”

IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May in the year of our Lord nineteen hundred seventy-five, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford.      

Definition of Administrator for 1988 Amendments

Pub. L. 100–687, div. B, §1002, Nov. 18, 1988, 102 Stat. 4122, provided that: “For purposes of this division [see Tables for classification], the term ‘Administrator’ means the Administrator of Veterans’ Affairs.”

Section 3 of Pub. L. 100–322 provided that: “For purposes of this Act [see Tables for classification], the term ‘Administrator’ means the Administrator of Veterans’ Affairs.”

Section Referred to in Other Sections

This section is referred to in sections 2301, 3771, 4303, 5302, 8111A of this title; title 5 sections 2108, 3501, 5532, 6303; title 7 section 1983; title 8 sections 1612, 1613, 1622; title 10 sections 1491, 2641, 2641a; title 26 sections 3121, 6334; title 42 sections 410, 1477, 11448; title 49 section 47112; title 50 App. section 591.

§102. Dependent parents

(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.)

Amendments

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.

Effective Date of 1976 Amendment

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.

§103. Special provisions relating to marriages

(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.)

Amendments

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).

Effective Date of 1990 Amendment

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.”

Effective Date of 1974 Amendment

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.

Effective Date of 1970 Amendment

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.

Effective Date of 1967 Amendment

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.

Applicability of Amendments

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.”

Reinstatement of Benefits Subsequent to Termination of Relationship or Conduct Restricting Payment of Benefits; Effective Date of Award

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.”

Section Referred to in Other Sections

This section is referred to in section 5110 of this title.

§104. Approval of educational institutions

(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.)

Amendments

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”.

Section Referred to in Other Sections

This section is referred to in section 1314 of this title.

§105. Line of duty and misconduct

(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.)

Amendments

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”.

Effective Date of 1990 Amendment

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.”

Section Referred to in Other Sections

This section is referred to in title 50 App. section 593.

§106. Certain service deemed to be active service

(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.)

Amendments

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.

Effective Date of 1961 Amendment

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].”

Women's Air Forces Service Pilots

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.]

Section Referred to in Other Sections

This section is referred to in sections 1302, 2302 of this title; title 5 section 2302.

§107. Certain service deemed not to be active service

(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 of $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 of $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 of $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 of $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; Pub. L. 103–446, title V, §507(a), Nov. 2, 1994, 108 Stat. 4664.)

References in Text

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.

Amendments

1994—Subsecs. (a), (b). Pub. L. 103–446 substituted “rate of” for “rate in pesos as is equivalent to” and for “rate in Philippine pesos as is equivalent to” in second sentence.

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.

Effective Date of 1994 Amendment

Section 507(c) of Pub. L. 103–446 provided that: “The amendments made by this section [amending this section and sections 3532 and 3565 of this title] shall apply with respect to payments made after December 31, 1994.”

Effective Date of 1966 Amendment

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].”

Effective Date of 1961 Amendment

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.

Refund of Erroneously Deducted NSLI Premium to Philippine Veterans on Proper Application

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.

Section Referred to in Other Sections

This section is referred to in section 1925 of this title; title 8 sections 1612, 1613, 1622.

§108. Seven-year absence presumption of death

(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.)

Amendments

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.

§109. Benefits for discharged members of allied forces

(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.)

Amendments

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).

§110. Preservation of disability ratings

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.)

Amendments

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.

Effective Date of 1969 Amendment

Section 1 of Pub. L. 91–32 provided that the amendment made by that section is effective Aug. 19, 1964.

Effective Date of 1962 Amendment

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.”

§111. Payments or allowances for beneficiary travel

(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 a 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; Pub. L. 103–446, title XII, §1201(e)(1), Nov. 2, 1994, 108 Stat. 4685.)

Amendments

1994—Subsec. (b)(3)(B). Pub. L. 103–446 substituted “a Department facility” for “the Department facility”.

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.

Effective Date of 1988 Amendment

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.”

Effective Date of 1979 Amendment

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.”

Effective Date of 1976 Amendment

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.”

Transition Provision for 1988 Amendment

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].”

Interim Guidelines for Beneficiary Travel Between January 1, 1984, and the Promulgation of Regulations by Administrator of Veterans’ Affairs

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.

Availability of Funds for Travel of Eligible Veterans, Dependents, or Survivors

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.”

Executive Order No. 10810

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.

Executive Order No. 11142

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. Regulations Governing Allowances

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.

Section Referred to in Other Sections

This section is referred to in sections 1701, 1714, 1720, 1728, 3104 of this title.

§112. Presidential memorial certificate program

(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.)

Amendments

1991—Subsec. (a). Pub. L. 102–83 substituted “Secretary” for “Administrator”.

§113. Treatment of certain programs under sequestration procedures

(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.)

References in Text

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.

Amendments

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.”

Effective Date of 1987 Amendment

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.”

Effective Date

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.”

Restoration of Certain Revolving Funds

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.

§114. Multiyear procurement

(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.)

Amendments

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.”

§115. Acquisition of real property

For the purposes of sections 314, 315, 316, 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; Pub. L. 103–446, title XII, §1201(d)(1), Nov. 2, 1994, 108 Stat. 4684.)

Amendments

1994—Pub. L. 103–446 substituted “sections 314, 315, 316,” for “sections 230” in introductory provisions.

1991—Pub. L. 102–83 substituted “2406” for “1006” in introductory provisions.

CHAPTER 3—DEPARTMENT OF VETERANS AFFAIRS

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.
Under Secretary for Memorial Affairs.
308.
Assistant Secretaries; Deputy Assistant Secretaries.
309.
Chief Financial Officer.
310.
Chief Information 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.
Center for Minority Veterans.
318.
Center for Women Veterans.
319.
Office of Employment Discrimination Complaint Adjudication.

        

Prior Provisions

Prior chapter 3, consisted of sections 201 to 203, 210 to 224, 230, 231, 233 to 236, and 240 to 246, prior to repeal 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.

Amendments

1998—Pub. L. 105–368, title IV, §403(c)(1)(B), Nov. 11, 1998, 112 Stat. 3338, substituted “Under Secretary for Memorial Affairs” for “Director of the National Cemetery System” in item 307.

1997—Pub. L. 105–114, title I, §102(a)(2), Nov. 21, 1997, 111 Stat. 2281, added item 319.

1996—Pub. L. 104–106, div. E, title LVI, §5608(b), Feb. 10, 1996, 110 Stat. 702, substituted “Chief Information Officer” for “Chief Information Resources Officer” in item 310.

1994—Pub. L. 103–446, title V, §509(b), Nov. 2, 1994, 108 Stat. 4668, substituted “Center for Minority Veterans” for “Chief Minority Affairs Officer” in item 317 and added item 318.

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.

§301. Department

(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 Administration.

(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; amended Pub. L. 105–368, title IV, §403(a)(2), Nov. 11, 1998, 112 Stat. 3338.)

Prior Provisions

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).

Amendments

1998—Subsec. (c)(4). Pub. L. 105–368 substituted “Administration” for “System”.

Renaming of Veterans Health Services and Research Administration

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.”

Department of Veterans Affairs Act

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 [now Under Secretary of Veterans Affairs for Memorial Affairs] 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 [now National Cemetery Administration] 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 [now Under Secretary of Veterans Affairs for Memorial Affairs] 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.”

§302. Seal

(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 Provisions

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).

§303. Secretary of Veterans Affairs

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.)

Prior Provisions

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).

National Center on War-Related Illnesses and Post-Deployment Health Issues

Pub. L. 105–368, title I, §103, Nov. 11, 1998, 112 Stat. 3322, provided that:

“(a) Assessment.—The Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academy of Sciences, or another appropriate independent organization, under which such entity shall assist in developing a plan for the establishment of a national center or national centers for the study of war-related illnesses and post-deployment health issues. The purposes of such a center may include—

“(1) carrying out and promoting research regarding the etiologies, diagnosis, treatment, and prevention of war-related illnesses and post-deployment health issues; and

“(2) promoting the development of appropriate health policies, including monitoring, medical recordkeeping, risk communication, and use of new technologies.

“(b) Recommendations and Report.—With respect to such a center, an agreement under this section shall provide for the Academy (or other entity) to—

“(1) make recommendations regarding: (A) design of an organizational structure or structures, operational scope, staffing and resource needs, establishment of appropriate databases, the advantages of single or multiple sites, mechanisms for implementing recommendations on policy, and relationship to academic or scientific entities; (B) the role or roles that relevant Federal departments and agencies should have in the establishment and operation of any such center or centers; and (C) such other matters as it considers appropriate; and

“(2) report to the Secretary, the Secretaries of Defense and Health and Human Services, and the Committees on Veterans’ Affairs of the Senate and House of Representatives, not later than 1 year after the date of the enactment of this Act [Nov. 11, 1998], on its recommendations.

“(c) Report on Establishment of National Center.—Not later than 60 days after receiving the report under subsection (b), the Secretaries specified in subsection (b)(2) shall submit to the Committees on Veterans’ Affairs and Armed Services of the Senate and the Committees on Veterans’ Affairs and Natoinal [sic] Security of the House of Representatives a joint report on the findings and recommendations contained in that report. Such report may set forth an operational plan for carrying out any recommendation in that report to establish a national center or centers for the study of war-related illnesses. No action to carry out such plan may be taken after the submission of such report until the end of a 90-day period following the date of the submission.”

Specification in Budget Submissions of Funds for Certain Veterans Benefits

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.”

Information and Training Concerning AIDS Prevention

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.”

Emergency Preparedness Functions

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 5195 of Title 42, The Public Health and Welfare.

Cross References

Compensation of Secretary of Veterans Affairs, see section 5312 of Title 5, Government Organization and Employees.

§304. Deputy Secretary of Veterans Affairs

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.)

Prior Provisions

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).

Cross References

Compensation of Deputy Secretary of Veterans Affairs, see section 5313 of Title 5, Government Organization and Employees.

§305. Under Secretary for Health

(a)(1) There is in the Department an 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 Chief Medical Director of the Veterans’ Administration), if the Secretary determines that it is desirable for such person to be a member of the commission.


(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; Pub. L. 103–446, title XII, §1201(c)(1), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685.)

Prior Provisions

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).

Amendments

1994—Subsec. (a)(1). Pub. L. 103–446, §1201(c)(1)(A), substituted “an Under Secretary” for “a Under Secretary”.

Subsec. (d)(2)(F). Pub. L. 103–446, §1201(c)(1)(B), (e)(2), substituted “Chief Medical Director of the Veterans’ Administration)” for “Under Secretary for Health of the Department)” and “commission” for “Commission”.

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”.

Change of Name

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.”

§306. Under Secretary for Benefits

(a) There is in the Department an 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 Chief Benefits Director of the Veterans’ Administration), if the Secretary determines that it is desirable for such person to be a member of the commission.


(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; Pub. L. 103–446, title XII, §1201(c)(2), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685.)

Prior Provisions

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).

Amendments

1994—Subsec. (a). Pub. L. 103–446, §1201(c)(2)(A), substituted “an Under Secretary” for “a Under Secretary”.

Subsec. (d)(2)(F). Pub. L. 103–446, §1201(c)(2)(B), (e)(2), substituted “Chief Benefits Director of the Veterans’ Administration)” for “Under Secretary for Benefits of the Department)” and “commission” for “Commission”.

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”.

Change of Name

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.”

§307. Under Secretary for Memorial Affairs

There is in the Department an Under Secretary for Memorial Affairs, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary is the head of the National Cemetery Administration 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; amended Pub. L. 105–368, title IV, §403(a)(3), (c)(1)(A), Nov. 11, 1998, 112 Stat. 3338.)

Prior Provisions

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).

Amendments

1998—Pub. L. 105–368, §403(c)(1)(A), substituted “Under Secretary for Memorial Affairs” for “Director of the National Cemetery System” in section catchline.

Pub. L. 105–368, §403(a)(3), in first sentence, substituted “an Under Secretary for Memorial Affairs” for “a Director of the National Cemetery System” and, in second sentence, substituted “The Under Secretary is the head of the National Cemetery Administration” for “The Director is the head of the National Cemetery System”.

§308. Assistant Secretaries; Deputy Assistant Secretaries

(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.)

Prior Provisions

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).

§309. Chief Financial Officer

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.)

Prior Provisions

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).

§310. Chief Information Officer

(a) The Chief Information Officer for the Department is designated pursuant to section 3506(a)(2) of title 44.

(b) The Chief Information Officer performs the duties provided for chief information officers of executive agencies under chapter 35 of title 44 and division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.).

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 382; amended Pub. L. 104–106, div. E, title LVI, §5604, Feb. 10, 1996, 110 Stat. 700; Pub. L. 105–85, div. A, title X, §1073(h)(3), Nov. 18, 1997, 111 Stat. 1907.)

References in Text

The Clinger-Cohen Act of 1996, referred to in subsec. (b), is div. D (§§4001–4402) and div. E (§§5001–5703) of Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 642, 679. Div. E of Pub. L. 104–106 is classified principally to chapter 25 (§1401 et seq.) of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 1401 of Title 40, Short Title of 1996 Amendment note set out under section 251 of Title 41, Public Contracts, and Tables.

Prior Provisions

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).

Amendments

1997—Subsec. (b). Pub. L. 105–85 substituted “division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)” for “the Information Technology Management Reform Act of 1996”.

1996—Pub. L. 104–106 substituted “Chief Information Officer” for “Chief Information Resources Officer” in section catchline and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (d), relating to designation, powers, and duties of the Chief Information Resources Officer.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104–106, set out as an Effective Date note under section 1401 of Title 40, Public Buildings, Property, and Works.

§311. General Counsel

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 Provisions

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).

§312. Inspector General

(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.). 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.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 383; amended Pub. L. 103–446, title XII, §1201(e)(3), (g)(1), Nov. 2, 1994, 108 Stat. 4685, 4687.)

References in Text

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 Provisions

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).

Amendments

1994—Subsec. (a). Pub. L. 103–446, §1201(e)(3), substituted “(5 U.S.C. App.)” for “(5 U.S.C. App. 3)”.

Subsec. (b)(3). Pub. L. 103–446, §1201(g)(1), struck out par. (3) which read as follows: “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.”

§313. Availability of appropriations

(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 Provisions

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).

§314. Central Office

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 Provisions

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).

Section Referred to in Other Sections

This section is referred to in section 115 of this title.

§315. Regional offices

(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 December 31, 1999.

(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; Pub. L. 103–210, §2(c), Dec. 20, 1993, 107 Stat. 2497; Pub. L. 103–446, title V, §502, Nov. 2, 1994, 108 Stat. 4663.)

Prior Provisions

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).

Amendments

1994—Subsec. (b). Pub. L. 103–446 substituted “December 31, 1999” for “December 31, 1994”.

1993—Subsec. (b). Pub. L. 103–210 substituted “December 31, 1994” for “March 31, 1994”.

1992—Subsec. (b). Pub. L. 102–291 substituted “March 31, 1994” for “September 30, 1991”.

Effective Date of 1992 Amendment

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.”

Ratification of Maintenance of Office During Lapsed Period

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.”

Section Referred to in Other Sections

This section is referred to in section 115 of this title.

§316. Colocation of regional offices and medical centers

(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 Provisions

Prior section 316 was renumbered section 1116 of this title.

Section Referred to in Other Sections

This section is referred to in sections 115, 8103 of this title.

§317. Center for Minority Veterans

(a) There is in the Department a Center for Minority Veterans. There is at the head of the Center a Director.

(b) The Director shall be a career or noncareer appointee in the Senior Executive Service. The Director shall be appointed for a term of six years.

(c) The Director reports directly to the Secretary or the Deputy Secretary concerning the activities of the Center.

(d) The Director shall perform the following functions with respect to veterans who are minorities:

(1) Serve as principal adviser to the Secretary on the adoption and implementation of policies and programs affecting veterans who are minorities.

(2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which veterans who are minorities are eligible.

(3) Promote the use of benefits authorized by this title by veterans who are minorities and the conduct of outreach activities to veterans who are minorities, in conjunction with outreach activities carried out under chapter 77 of this title.

(4) Disseminate information and serve as a resource center for the exchange of information regarding innovative and successful programs which improve the services available to veterans who are minorities.

(5) Conduct and sponsor appropriate social and demographic research on the needs of veterans who are minorities and the extent to which programs authorized under this title meet the needs of those veterans, without regard to any law concerning the collection of information from the public.

(6) Analyze and evaluate complaints made by or on behalf of veterans who are minorities about the adequacy and timeliness of services provided by the Department and advise the appropriate official of the Department of the results of such analysis or evaluation.

(7) Consult with, and provide assistance and information to, officials responsible for administering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are minorities.

(8) Advise the Secretary when laws or policies have the effect of discouraging the use of benefits by veterans who are minorities.

(9) Publicize the results of medical research which are of particular significance to veterans who are minorities.

(10) Advise the Secretary and other appropriate officials on the effectiveness of the Department's efforts to accomplish the goals of section 492B of the Public Health Service Act (42 U.S.C. 289a–2) with respect to the inclusion of minorities in clinical research and on particular health conditions affecting the health of members of minority groups which should be studied as part of the Department's medical research program and promote cooperation between the Department and other sponsors of medical research of potential benefit to veterans who are minorities.

(11) Provide support and administrative services to the Advisory Committee on Minority Veterans provided for under section 544 of this title.

(12) Perform such other duties consistent with this section as the Secretary shall prescribe.


(e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions of the Center in a timely manner.

(f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year—

(1) detailed information on the budget for the Center;

(2) the Secretary's opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Center to comply with its statutory and regulatory duties; and

(3) a report on the activities and significant accomplishments of the Center during the preceding fiscal year.


(g) In this section—

(1) The term “veterans who are minorities” means veterans who are minority group members.

(2) The term “minority group member” has the meaning given such term in section 544(d) of this title.

(Added Pub. L. 103–446, title V, §509(a), Nov. 2, 1994, 108 Stat. 4665; amended Pub. L. 104–275, title V, §501(a)–(c), Oct. 9, 1996, 110 Stat. 3340.)

Prior Provisions

Prior section 317, added Pub. L. 102–218, §1(a), Dec. 11, 1991, 105 Stat. 1671; amended Pub. L. 103–446, title XII, §1201(e)(4), Nov. 2, 1994, 108 Stat. 4685, related to Chief Minority Affairs Officer, prior to repeal by Pub. L. 103–446, §509(a).

Amendments

1996—Subsec. (b). Pub. L. 104–275, §501(a), inserted “career or” before “noncareer”.

Subsec. (d)(10) to (12). Pub. L. 104–275, §501(b), added pars. (10) and (11) and redesignated former par. (10) as (12).

Subsec. (g). Pub. L. 104–275, §501(c), added subsec. (g).

§318. Center for Women Veterans

(a) There is in the Department a Center for Women Veterans. There is at the head of the Center a Director.

(b) The Director shall be a career or noncareer appointee in the Senior Executive Service. The Director shall be appointed for a term of six years.

(c) The Director reports directly to the Secretary or the Deputy Secretary concerning the activities of the Center.

(d) The Director shall perform the following functions with respect to veterans who are women:

(1) Serve as principal adviser to the Secretary on the adoption and implementation of policies and programs affecting veterans who are women.

(2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which veterans who are women are eligible.

(3) Promote the use of benefits authorized by this title by veterans who are women and the conduct of outreach activities to veterans who are women, in conjunction with outreach activities carried out under chapter 77 of this title.

(4) Disseminate information and serve as a resource center for the exchange of information regarding innovative and successful programs which improve the services available to veterans who are women.

(5) Conduct and sponsor appropriate social and demographic research on the needs of veterans who are women and the extent to which programs authorized under this title meet the needs of those veterans, without regard to any law concerning the collection of information from the public.

(6) Analyze and evaluate complaints made by or on behalf of veterans who are women about the adequacy and timeliness of services provided by the Department and advise the appropriate official of the Department of the results of such analysis or evaluation.

(7) Consult with, and provide assistance and information to, officials responsible for administering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are women.

(8) Advise the Secretary when laws or policies have the effect of discouraging the use of benefits by veterans who are women.

(9) Publicize the results of medical research which are of particular significance to veterans who are women.

(10) Advise the Secretary and other appropriate officials on the effectiveness of the Department's efforts to accomplish the goals of section 492B of the Public Health Service Act (42 U.S.C. 289a–2) with respect to the inclusion of women in clinical research and on particular health conditions affecting women's health which should be studied as part of the Department's medical research program and promote cooperation between the Department and other sponsors of medical research of potential benefit to veterans who are women.

(11) Provide support and administrative services to the Advisory Committee on Women Veterans established under section 542 of this title.

(12) Perform such other duties consistent with this section as the Secretary shall prescribe.


(e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions of the Center in a timely manner.

(f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year—

(1) detailed information on the budget for the Center;

(2) the Secretary's opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Center to comply with its statutory and regulatory duties; and

(3) a report on the activities and significant accomplishments of the Center during the preceding fiscal year.

(Added Pub. L. 103–446, title V, §509(a), Nov. 2, 1994, 108 Stat. 4666; amended Pub. L. 104–275, title V, §501(a), (d), Oct. 9, 1996, 110 Stat. 3340, 3341.)

Prior Provisions

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, 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, prior to repeal 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, prescribed conditions under which wartime rates of compensation were payable, prior to repeal 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, provided for a minimum rating for veterans with arrested tuberculosis, prior to repeal 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, 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, prior to repeal 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.

Amendments

1996—Subsec. (b). Pub. L. 104–275, §501(a), inserted “career or” before “noncareer”.

Subsec. (d)(10). Pub. L. 104–275, §501(d), substituted “(42 U.S.C. 289a–2) with respect to the inclusion of women in clinical research and on” for “(relating to the inclusion of women and minorities in clinical research) and of”.

Assessment of Use by Women Veterans of Department of Veterans Affairs Health Services

Pub. L. 104–262, title III, §323, Oct. 9, 1996, 110 Stat. 3196, provided that:

“(a) Reports to Under Secretary for Health.—The Center for Women Veterans of the Department of Veterans Affairs (established under section 509 of Public Law 103–446 [enacting this section and section 317 of this title and repealing former section 317 of this title]), in consultation with the Advisory Committee on Women Veterans, shall assess the use by women veterans of health services through the Department of Veterans Affairs, including counseling for sexual trauma and mental health services. The Center shall submit to the Under Secretary for Health of the Department of Veterans Affairs a report not later than April 1, 1997, and April 1 of each of the two following years, on—

“(1) the extent to which women veterans described in paragraphs (1) and (2) of section 1710(a) of title 38, United States Code, fail to seek, or face barriers in seeking, health services through the Department, and the reasons therefor; and

“(2) recommendations, if indicated, for encouraging greater use of such services, including (if appropriate) public service announcements and other outreach efforts.

“(b) Reports to Congressional Committees.—Not later than July 1, 1997, and July 1 of each of the two following years, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report containing—

“(1) the most recent report of the Center for Women Veterans under subsection (a);

“(2) the views of the Under Secretary for Health on such report's findings and recommendations; and

“(3) a description of the steps being taken by the Secretary to remedy any problems described in the report.”

§319. Office of Employment Discrimination Complaint Adjudication

(a)(1) There is in the Department an Office of Employment Discrimination Complaint Adjudication. There is at the head of the Office a Director.

(2) The Director shall be a career appointee in the Senior Executive Service.

(3) The Director reports directly to the Secretary or the Deputy Secretary concerning matters within the responsibility of the Office.

(b)(1) The Director is responsible for making the final agency decision within the Department on the merits of any employment discrimination complaint filed by an employee, or an applicant for employment, with the Department. The Director shall make such decisions in an impartial and objective manner.

(2) No person may make any ex parte communication to the Director or to any employee of the Office with respect to a matter on which the Director has responsibility for making a final agency decision.

(c) Whenever the Director has reason to believe that there has been retaliation against an employee by reason of the employee asserting rights under an equal employment opportunity law, the Director shall report the suspected retaliatory action directly to the Secretary or Deputy Secretary, who shall take appropriate action thereon.

(d)(1) The Office shall employ a sufficient number of attorneys and other personnel as are necessary to carry out the functions of the Office. Attorneys shall be compensated at a level commensurate with attorneys employed by the Office of the General Counsel.

(2) The Secretary shall ensure that the Director is furnished sufficient resources in addition to personnel under paragraph (1) to enable the Director to carry out the functions of the Office in a timely manner.

(3) The Secretary shall ensure that any performance appraisal of the Director of the Office of Employment Discrimination Complaint Adjudication or of any employee of the Office does not take into consideration the record of the Director or employee in deciding cases for or against the Department.

(Added Pub. L. 105–114, title I, §102(a)(1), Nov. 21, 1997, 111 Stat. 2280.)

Effective Date

Section 102(c) of Pub. L. 105–114 provided that: “Section 319 of title 38, United States Code, as added by subsection (a), shall take effect 90 days after the date of enactment of this Act [Nov. 21, 1997].”

Reports on Implementation

Section 102(b) of Pub. L. 105–114 provided that: “The Director of the Office of Employment Discrimination Complaint Adjudication of the Department of Veterans Affairs (established by section 319 of title 38, United States Code, as added by subsection (a)) shall submit to the Secretary of Veterans Affairs and to Congress reports on the implementation and the operation of that office. The first such report shall be submitted not later than April 1, 1998, and subsequent reports shall be submitted not later than January 1, 1999, and January 1, 2000.”

Section Referred to in Other Sections

This section is referred to in section 516 of this title.

CHAPTER 5—AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER I—GENERAL AUTHORITIES

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.
516.
Equal employment responsibilities.

        

SUBCHAPTER II—SPECIFIED FUNCTIONS

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.
530.
Annual report on program and expenditures for domestic response to weapons of mass destruction.
531.
Requirement relating to naming of Department property.

        

SUBCHAPTER III—ADVISORY COMMITTEES

541.
Advisory Committee on Former Prisoners of War.
542.
Advisory Committee on Women Veterans.
543.
Advisory Committee on Prosthetics and Special-Disabilities Programs.
544.
Advisory Committee on Minority Veterans.
545.
Advisory Committee on the Readjustment of Veterans.

        

Amendments

1998—Pub. L. 105–368, title IX, §906(b), title X, §1001(a)(2), Nov. 11, 1998, 112 Stat. 3362, 3363, added items 530 and 531.

1997—Pub. L. 105–114, title I, §101(a)(2), Nov. 21, 1997, 111 Stat. 2279, added item 516.

1996—Pub. L. 104–262, title III, §333(a)(2), Oct. 9, 1996, 110 Stat. 3200, added item 545.

1994—Pub. L. 103–446, title V, §510(b), Nov. 2, 1994, 108 Stat. 4670, added item 544.

1992—Pub. L. 102–405, title I, §105(b)(2), Oct. 9, 1992, 106 Stat. 1976, added item 543.

SUBCHAPTER I—GENERAL AUTHORITIES

§501. Rules and regulations

(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 Provisions

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).

Section Referred to in Other Sections

This section is referred to in section 1721 of this title.

§502. Judicial review of rules and regulations

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 Provisions

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).

Section Referred to in Other Sections

This section is referred to in section 511 of this title.

§503. Administrative error; equitable relief

(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 Provisions

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).

§505. Opinions of Attorney General

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 Provisions

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).

§510. Authority to reorganize offices

(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 45-day period following the date of the submission of the report, not less than 30 days of which shall be days during which Congress shall have been in continuous session. 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 any period of continuity of session 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; amended Pub. L. 104–262, title III, §304, Oct. 9, 1996, 110 Stat. 3194.)

Prior Provisions

Prior section 510, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1135, provided monthly pension for persons who served in military or naval forces of Confederate States of America, prior to repeal 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).

Amendments

1996—Subsec. (b). Pub. L. 104–262 substituted “a 45-day period following the date of the submission of the report, not less than 30 days of which shall be days during which Congress shall have been in continuous session” for “a 90-day period of continuous session of Congress following the date of the submission of the report” in second sentence and “any period of continuity of session” for “such 90-day period” in third sentence.

Authority of Secretary of Veterans Affairs To Carry Out Specified Administrative Reorganization

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.”

Inapplicability of Restrictions

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].”

§511. Decisions of the Secretary; finality

(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 Provisions

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).

Federal Rules of Civil Procedure

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.

Section Referred to in Other Sections

This section is referred to in sections 5104, 7104 of this title.

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

(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 Provisions

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).

§513. Contracts and personal services

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.)

Prior Provisions

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).

§515. Administrative settlement of tort claims

(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.)

Prior Provisions

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).

§516. Equal employment responsibilities

(a) The Secretary shall provide that the employment discrimination complaint resolution system within the Department be established and administered so as to encourage timely and fair resolution of concerns and complaints. The Secretary shall take steps to ensure that the system is administered in an objective, fair, and effective manner and in a manner that is perceived by employees and other interested parties as being objective, fair, and effective.

(b) The Secretary shall provide—

(1) that employees responsible for counseling functions associated with employment discrimination and for receiving, investigating, and processing complaints of employment discrimination shall be supervised in those functions by, and report to, an Assistant Secretary or a Deputy Assistant Secretary for complaint resolution management; and

(2) that employees performing employment discrimination complaint resolution functions at a facility of the Department shall not be subject to the authority, direction, and control of the Director of the facility with respect to those functions.


(c) The Secretary shall ensure that all employees of the Department receive adequate education and training for the purposes of this section and section 319 of this title.

(d) The Secretary shall, when appropriate, impose disciplinary measures, as authorized by law, in the case of employees of the Department who engage in unlawful employment discrimination, including retaliation against an employee asserting rights under an equal employment opportunity law.

(e)(1)(A) Not later than 30 days after the end of each calendar quarter, the Assistant Secretary for Human Resources and Administration shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report summarizing the employment discrimination complaints filed against the individuals referred to in paragraph (2) during such quarter.

(B) Subparagraph (A) shall apply in the case of complaints filed against individuals on the basis of such individuals’ personal conduct and shall not apply in the case of complaints filed solely on the basis of such individuals’ positions as officials of the Department.

(2) Paragraph (1) applies to the following officers and employees of the Department:

(A) The Secretary.

(B) The Deputy Secretary of Veterans Affairs.

(C) The Under Secretary for Health and the Under Secretary for Benefits.

(D) Each Assistant Secretary of Veterans Affairs and each Deputy Assistant Secretary of Veterans Affairs.

(E) The Under Secretary of Veterans Affairs for Memorial Affairs.

(F) The General Counsel of the Department.

(G) The Chairman of the Board of Veterans’ Appeals.

(H) The Chairman of the Board of Contract Appeals of the Department.

(I) The director and the chief of staff of each medical center of the Department.

(J) The director of each Veterans Integrated Services Network.

(K) The director of each regional office of the Department.

(L) Each program director of the Central Office of the Department.


(3) Each report under this subsection—

(A) may not disclose information which identifies the individuals filing, or the individuals who are the subject of, the complaints concerned or the facilities at which the discrimination identified in such complaints is alleged to have occurred;

(B) shall summarize such complaints by type and by equal employment opportunity field office area in which filed; and

(C) shall include copies of such complaints, with the information described in subparagraph (A) redacted.


(4) Not later than April 1 each year, the Assistant Secretary shall submit to the committees referred to in paragraph (1)(A) a report on the complaints covered by paragraph (1) during the preceding year, including the number of such complaints filed during that year and the status and resolution of the investigation of such complaints.

(f) The Secretary shall ensure that an employee of the Department who seeks counseling relating to employment discrimination may elect to receive such counseling from an employee of the Department who carries out equal employment opportunity counseling functions on a full-time basis rather than from an employee of the Department who carries out such functions on a part-time basis.

(g) The number of employees of the Department whose duties include equal employment opportunity counseling functions as well as other, unrelated functions may not exceed 40 full-time equivalent employees. Any such employee may be assigned equal employment opportunity counseling functions only at Department facilities in remote geographic locations (as determined by the Secretary). The Secretary may waive the limitation in the preceding sentence in specific cases.

(h) The provisions of this section shall be implemented in a manner consistent with procedures applicable under regulations prescribed by the Equal Employment Opportunity Commission.

(Added Pub. L. 105–114, title I, §101(a)(1), Nov. 21, 1997, 111 Stat. 2278; amended Pub. L. 105–368, title IV, §403(d)(2), Nov. 11, 1998, 112 Stat. 3339.)

Amendments

1998—Subsec. (e)(2)(E). Pub. L. 105–368 substituted “Under Secretary of Veterans Affairs for Memorial Affairs” for “Director of the National Cemetery System”.

Effective Date

Section 101(c) of Pub. L. 105–114 provided that: “Section 516 of title 38, United States Code, as added by subsection (a), shall take effect 90 days after the date of enactment of this Act [Nov. 21, 1997]. Subsection (e) of that section shall take effect with respect to the first quarter of calendar year 1998.”

Reports on Implementation and Operation of Equal Employment Opportunity System

Section 101(b) of Pub. L. 105–114 provided that:

“(1) The Secretary of Veterans Affairs shall submit to Congress reports on the implementation and operation of the equal employment opportunity system within the Department of Veterans Affairs. The first such report shall be submitted not later than April 1, 1998, and subsequent reports shall be submitted not later than January 1, 1999, and January 1, 2000.

“(2) The first report under paragraph (1) shall set forth the actions taken by the Secretary to implement section 516 of title 38, United States Code, as added by subsection (a), and other actions taken by the Secretary in relation to the equal employment opportunity system within the Department of Veterans Affairs.

“(3) The subsequent reports under paragraph (1) shall set forth, for each equal employment opportunity field office of the Department and for the Department as a whole, the following:

“(A) Any information to supplement the information submitted in the report under paragraph (2) that the Secretary considers appropriate.

“(B) The number of requests for counseling relating to employment discrimination received during the one-year period ending on the date of the report concerned.

“(C) The number of employment discrimination complaints received during such period.

“(D) The status of each complaint described in subparagraph (C), including whether or not the complaint was resolved and, if resolved, whether the employee concerned sought review of the resolution by the Equal Employment Opportunity Commission or by Federal court.

“(E) The number of employment discrimination complaints that were settled during such period, including—

“(i) the type of such complaints; and

“(ii) the terms of settlement (including any settlement amount) of each such complaint.”

Assessment and Review of Employment Discrimination Complaint Resolution System

Section 103 of Pub. L. 105–114 provided that:

“(a) Agreement for Assessment and Review.—(1) The Secretary of Veterans Affairs shall seek to enter into an agreement with a qualified private entity under which agreement the entity shall carry out the assessment described in subsection (b) and the review described in subsection (c).

“(2) The Secretary shall include in the agreement provisions necessary to ensure that the entity carries out its responsibilities under the agreement (including the exercise of its judgments concerning the assessment and review) in a manner free of influence from any source, including the officials and employees of the Department of Veterans Affairs.

“(3) The Secretary may not enter into the agreement until 15 days after the date on which the Secretary notifies the Committees on Veterans’ Affairs of the Senate and House of Representatives of the entity with which the Secretary proposes to enter into the agreement.

“(b) Initial Assessment of System.—(1) Under the agreement under subsection (a), the entity shall conduct an assessment of the employment discrimination complaint resolution system administered within the Department of Veterans Affairs, including the extent to which the system meets the objectives set forth in section 516(a) of title 38, United States Code, as added by section 101. The assessment shall include a comprehensive description of the system as of the time of the assessment.

“(2) Under the agreement, the entity shall submit the assessment to the committees referred to in subsection (a)(3) and to the Secretary not later than June 1, 1998.

“(c) Review of Administration of System.—(1) Under the agreement under subsection (a), the entity shall monitor and review the administration by the Secretary of the employment discrimination complaint resolution system administered within the Department.

“(2) Under the agreement, the entity shall submit to the committees referred to in subsection (a)(3) and to the Secretary a report on the results of the review under paragraph (1) not later than June 1, 1999. The report shall include an assessment of the administration of the system, including the extent to which the system meets the objectives referred to in subsection (b)(1), and the effectiveness of the following:

“(A) Programs to train and maintain a cadre of individuals who are competent to investigate claims relating to employment discrimination.

“(B) Programs to train and maintain a cadre of individuals who are competent to provide counseling to individuals who submit such claims.

“(C) Programs to provide education and training to Department employees regarding their rights and obligations under the equal employment opportunity laws.

“(D) Programs to oversee the administration of the system.

“(E) Programs to evaluate the effectiveness of the system in meeting its objectives.

“(F) Other programs, procedures, or activities of the Department relating to the equal employment opportunity laws, including any alternative dispute resolution procedures and informal dispute resolution and settlement procedures.

“(G) Any disciplinary measures imposed by the Secretary on employees determined to have violated the equal employment opportunity laws in preventing or deterring violations of such laws by other employees of the Department.”

SUBCHAPTER II—SPECIFIED FUNCTIONS

§521. Assistance to certain rehabilitation activities

(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 Provisions

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).

§522. Studies of rehabilitation of disabled persons

(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 Provisions

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).

§523. Coordination and promotion of other programs affecting veterans and their dependents

(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 Provisions

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).

§525. Publication of laws relating to veterans

(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 Provisions

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).

§527. Evaluation and data collection

(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.)

Prior Provisions

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).

Persian Gulf War Veterans’ Health Status

Pub. L. 102–585, title VII, Nov. 4, 1992, 106 Stat. 4975, as amended by Pub. L. 103–446, title I, §108, Nov. 2, 1994, 108 Stat. 4653; Pub. L. 105–368, title I, §§104, 106, Nov. 11, 1998, 112 Stat. 3323, 3325, 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 (including any appropriate diagnostic tests) and consultation and counseling with respect to the results of the examination and the tests; and

“(B) may, upon the request of a veteran described in subsection (b)(2), provide the veteran with such an examination (including diagnostic tests) and such consultation and counseling.

“(2) The Secretary shall carry out appropriate outreach activities with respect to the provision of any health examinations (including any diagnostic tests) 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 (including diagnostic tests), 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 (including diagnostic tests), 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).

“(d) Research Review and Development of Medical Education Curriculum.—(1) In order to further understand the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War and of new research findings with implications for improving the provision of care for veterans of such service, the Secretary of Veterans Affairs and the Secretary of Defense shall seek to enter into an agreement with the National Academy of Sciences under which the Institute of Medicine of the Academy would—

“(A) develop a curriculum pertaining to the care and treatment of veterans of such service who have ill-defined or undiagnosed illnesses for use in the continuing medical education of both general and specialty physicians who provide care for such veterans; and

“(B) on an ongoing basis, periodically review and provide recommendations regarding the research plans and research strategies of the Departments relating to the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.

“(2) Recommendations to be provided under paragraph (1)(B) include any recommendations that the Academy considers appropriate for additional scientific studies (including studies related to treatment models) to resolve areas of continuing scientific uncertainty relating to the health consequences of any aspects of such military service. In making recommendations for additional studies, the Academy shall consider the available scientific data, the value and relevance of the information that could result from such studies, and the cost and feasibility of carrying out such studies.

“(3) Not later than 9 months after the Institute of Medicine provides the Secretaries the curriculum developed under paragraph (1)(A), the Secretaries shall provide for the conduct of continuing education programs using that curriculum. Those programs shall include instruction which seeks to emphasize use of appropriate protocols of diagnosis, referral, and treatment of such veterans.

“SEC. 707. COORDINATION OF HEALTH-RELATED GOVERNMENT ACTIVITIES 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 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) Public Advisory Committee.—Not later than January 1, 1999, the head of the department or agency designated under subsection (a) shall establish an advisory committee consisting of members of the general public, including Persian Gulf War veterans and representatives of such veterans, to provide advice to the head of that department or agency on proposed research studies, research plans, or research strategies relating to the health consequences of military service in the Southwest Asia theater of operations during the Persian Gulf War. The department or agency head shall consult with such advisory committee on a regular basis.

“(c) Reports.—(1) 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—

“(A) the status and results of all such research activities undertaken by the executive branch during the previous year; and

“(B) research priorities identified during that year.

“(2)(A) Not later than 120 days after submission of the epidemiological research study conducted by the Department of Veterans Affairs entitled ‘VA National Survey of Persian Gulf Veterans—Phase III’, the head of the department or agency designated under subsection (a) shall submit to the congressional committees specified in paragraph (1) a report on the findings under that study and any other pertinent medical literature.

“(B) With respect to any findings of that study and any other pertinent medical literature which identify scientific evidence of a greater relative risk of illness or illnesses in family members of veterans who served in the Persian Gulf War theater of operations than in family members of veterans who did not so serve, the head of the department or agency designated under subsection (a) shall seek to ensure that appropriate research studies are designed to follow up on such findings.

“(d) Public Availability of Research Findings.—The head of the department or agency designated under subsection (a) shall ensure that the findings of all research conducted by or for the executive branch relating to the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War (including information pertinent to improving provision of care for veterans of such service) are made available to the public through peer-reviewed medical journals, the World Wide Web, and other appropriate media.

“(e) Outreach.—The head of the department or agency designated under subsection (a) shall ensure that the appropriate departments consult and coordinate in carrying out an ongoing program to provide information to those who served in the Southwest Asia theater of operations during the Persian Gulf War relating to: (1) the health risks, if any, resulting from any risk factors associated with such service; and (2) any services or benefits available with respect to such health risks.

“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.”

Services for Homeless Veterans

Pub. L. 102–405, title I, §107, Oct. 9, 1992, 106 Stat. 1976, as amended by Pub. L. 103–446, title X, §1002, Nov. 2, 1994, 108 Stat. 4679, required Secretary of Veterans’ Affairs and directors of each medical center or benefits office to assess needs of homeless veterans and programs which have been developed to assist homeless veterans, and to replicate programs which have successfully rehabilitated homeless veterans, prior to repeal by Pub. L. 105–114, title II, §202(c)(2), Nov. 21, 1997, 111 Stat. 2287.

Section Referred to in Other Sections

This section is referred to in section 5701 of this title.

§529. Annual report to Congress

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.)

Prior Provisions

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, provided for a monthly pension to widows of Mexican War veterans, prior to repeal 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.

Section Referred to in Other Sections

This section is referred to in sections 541, 542, 544, 545, 1718, 1754, 3121, 3733, 3736, 7101, 7726 of this title.

§530. Annual report on program and expenditures for domestic response to weapons of mass destruction

(a) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives an annual report, to be submitted each year at the time that the President submits the budget for the next fiscal year under section 1105 of title 31, on the activities of the Department relating to preparation for, and participation in, a domestic medical response to an attack involving weapons of mass destruction.

(b) Each report under subsection (a) shall include the following:

(1) A statement of the amounts of funds and the level of personnel resources (stated in terms of full-time equivalent employees) expected to be used by the Department during the next fiscal year in preparation for a domestic medical response to an attack involving weapons of mass destruction, including the anticipated source of those funds and any anticipated shortfalls in funds or personnel resources to achieve the tasks assigned the Department by the President in connection with preparation for such a response.

(2) A detailed statement of the funds expended and personnel resources (stated in terms of full-time equivalent employees) used during the fiscal year preceding the fiscal year during which the report is submitted in preparation for a domestic medical response to an attack involving weapons of mass destruction or in response to such an attack, including identification of the source of those funds and a description of how those funds were expended.

(3) A detailed statement of the funds expended and expected to be expended, and the personnel resources (stated in terms of full-time equivalent employees) used and expected to be used, during the fiscal year during which the report is submitted in preparation for a domestic medical response to an attack involving weapons of mass destruction or in response to such an attack, including identification of the source of funds expended and a description of how those funds were expended.


(c) This section shall expire on January 1, 2009.

(Added Pub. L. 105–368, title IX, §906(a), Nov. 11, 1998, 112 Stat. 3361.)

§531. Requirement relating to naming of Department property

Except as expressly provided by law, a facility, structure, or real property of the Department, and a major portion (such as a wing or floor) of any such facility, structure, or real property, may be named only for the geographic area in which the facility, structure, or real property is located.

(Added Pub. L. 105–368, title X, §1001(a)(1), Nov. 11, 1998, 112 Stat. 3363.)

Effective Date

Pub. L. 105–368, title X, §1001(b), Nov. 11, 1998, 112 Stat. 3363, provided that: “Section 531 of title 38, United States Code, as added by subsection (a)(1), shall apply with respect to the assignment or designation of the name of a facility, structure, or real property of the Department of Veterans Affairs (or of a major portion thereof) after the date of the enactment of this Act [Nov. 11, 1998].”

SUBCHAPTER III—ADVISORY COMMITTEES

§541. Advisory Committee on Former Prisoners of War

(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 Provisions

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).

Amendments

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”.

Termination of Advisory Committees

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.

§542. Advisory Committee on Women Veterans

(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, including the Center for Women Veterans.

(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; Pub. L. 104–275, title V, §501(e)(1), Oct. 9, 1996, 110 Stat. 3341.)

Prior Provisions

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).

Amendments

1996—Subsec. (b). Pub. L. 104–275 inserted “, including the Center for Women Veterans” before period at end.

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”.

Change of Name

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.

Termination of Advisory Committees

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.

Section Referred to in Other Sections

This section is referred to in section 318 of this title.

§543. Advisory Committee on Prosthetics and Special-Disabilities Programs

(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 Provisions

Prior section 543 was renumbered section 1543 of this title.

Change of Name

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.”

Termination of Advisory Committees

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.

§544. Advisory Committee on Minority Veterans

(a)(1) The Secretary shall establish an advisory committee to be known as the Advisory Committee on Minority 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 veterans who are minority group members;

(ii) individuals who are recognized authorities in fields pertinent to the needs of veterans who are minority group members;

(iii) veterans who are minority group members and who have experience in a military theater of operations; and

(iv) veterans who are minority group members and who do not have such experience.


(B) The Committee shall include, as ex officio members, the following:

(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).

(iii) The Secretary of the Interior (or a representative of the Secretary of the Interior designated by the Secretary of the Interior).

(iv) The Secretary of Commerce (or a representative of the Secretary of Commerce designated by the Secretary of Commerce).

(v) The Secretary of Health and Human Services (or a representative of the Secretary of Health and Human Services designated by the Secretary of Health and Human Services).

(vi) 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.

(4) The Committee shall meet as often as the Secretary considers necessary or appropriate, but not less often than twice each fiscal year.

(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 veterans who are minority group members, reports and studies pertaining to such veterans and the needs of such veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Department, including the Center for Minority Veterans.

(c)(1) Not later than July 1 of each year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that pertain to veterans who are minority group members. Each such report shall include—

(A) an assessment of the needs of veterans who are minority group members 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 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.

(d) 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); or

(5) Pacific-Islander American.


(e) The Committee shall cease to exist December 31, 1999.

(Added Pub. L. 103–446, title V, §510(a), Nov. 2, 1994, 108 Stat. 4668; amended Pub. L. 104–275, title V, §501(e)(2), (f), Oct. 9, 1996, 110 Stat. 3341.)

Prior Provisions

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, 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, prior to repeal 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, authorized the payment of a pension to children of World War II or Korean conflict veterans, prior to the general amendment of subchapter III of chapter 15 of this title by Pub. L. 86–211, §4, Aug. 29, 1950, 73 Stat. 434. See sections 1542 and 1543 of this title.

Amendments

1996—Subsec. (b). Pub. L. 104–275, §501(e)(2), inserted “, including the Center for Minority Veterans” before period at end.

Subsec. (e). Pub. L. 104–275, §501(f), substituted “December 31, 1999” for “December 31, 1997”.

Section Referred to in Other Sections

This section is referred to in section 317 of this title.

§545. Advisory Committee on the Readjustment of Veterans

(a)(1) There is in the Department the Advisory Committee on the Readjustment of Veterans (hereafter in this section referred to as the “Committee”).

(2) The Committee shall consist of not more than 18 members appointed by the Secretary from among individuals who—

(A) have demonstrated significant civic or professional achievement; and

(B) have experience with the provision of veterans benefits and services by the Department.


(3) The Secretary shall seek to ensure that members appointed to the Committee include individuals from a wide variety of geographic areas and ethnic backgrounds, individuals from veterans service organizations, individuals with combat experience, and women.

(4) The Secretary shall determine the terms of service and pay and allowances of the members of the Committee, except that a term of service may not exceed two years. The Secretary may reappoint any member for additional terms of service.

(b)(1) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the provision by the Department of benefits and services to veterans in order to assist veterans in the readjustment to civilian life.

(2)(A) In providing advice to the Secretary under this subsection, the Committee shall—

(i) assemble and review information relating to the needs of veterans in readjusting to civilian life;

(ii) provide information relating to the nature and character of psychological problems arising from service in the Armed Forces;

(iii) provide an on-going assessment of the effectiveness of the policies, organizational structures, and services of the Department in assisting veterans in readjusting to civilian life; and

(iv) provide on-going advice on the most appropriate means of responding to the readjustment needs of veterans in the future.


(B) In carrying out its duties under subparagraph (A), the Committee shall take into special account the needs of veterans who have served in a theater of combat operations.

(c)(1) Not later than March 31 of each year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that relate to the readjustment of veterans to civilian life. Each such report shall include—

(A) an assessment of the needs of veterans with respect to readjustment to civilian life;

(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) Not later than 90 days after the receipt of a report under paragraph (1), the Secretary shall transmit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a copy of the report, together with any comments and recommendations 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 that section.

(d)(1) Except as provided in paragraph (2), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Committee under this section.

(2) Section 14 of such Act shall not apply to the Committee.

(Added Pub. L. 104–262, title III, §333(a)(1), Oct. 9, 1996, 110 Stat. 3199.)

References in Text

The Federal Advisory Committee Act, referred to in subsec. (d), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

Prior Provisions

Prior section 545 of this title, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1139, authorized the payment of a pension to children of World War II or Korean conflict veterans and prescribed income limitations, prior to the general amendment of subchapter III of chapter 15 of this title by Pub. L. 86–211, §4, Aug. 29, 1959, 73 Stat. 434. 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, related to fitting and training in use of prosthetic appliances, prior to repeal 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, related to community-based psychiatric residential treatment for chronically mentally ill veterans, prior to repeal 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, related to arrests for crimes in hospital and domiciliary reservations, prior to repeal 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, related to grants to the Republic of the Philippines, prior to repeal 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, related to modification of agreement with the Republic of the Philippines effectuating the Act of July 1, 1948, prior to repeal 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, 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, prior to repeal 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.

Commission on Servicemembers and Veterans Transition Assistance

Pub. L. 104–275, title VII, Oct. 9, 1996, 110 Stat. 3346, as amended by Pub. L. 105–368, title X, §1005(c)(2), Nov. 11, 1998, 112 Stat. 3366, provided that:

“SEC. 701. ESTABLISHMENT OF COMMISSION.

“(a) Establishment.—There is established a commission to be known as the Commission on Servicemembers and Veterans Transition Assistance (hereafter in this title referred to as the ‘Commission’).

“(b) Membership.—(1) The Commission shall be composed of 12 members appointed from among private United States citizens with appropriate and diverse experiences, expertise, and historical perspectives on veterans, military, organizational, and management matters. The members shall be appointed as follows:

“(A) Four shall be appointed jointly by the chairman and ranking minority member of the Committee on Veterans’ Affairs of the House of Representatives.

“(B) Four shall be appointed jointly by the chairman and ranking minority member of the Committee on Veterans’ Affairs of the Senate.

“(C) Two shall be appointed jointly by the chairman and ranking minority member of the Committee on National Security of the House of Representatives [now Committee on Armed Services of the House of Representatives].

“(D) Two shall be appointed jointly by the chairman and ranking minority member of the Committee on Armed Services of the Senate.

“(2)(A) One member of the Commission appointed under each of subparagraphs (A) and (B) of paragraph (1) shall be a representative of a veterans service organization.

“(B) To the maximum extent practicable, the individuals appointed under paragraph (1) as members of the Commission shall be veterans.

“(C) Not more than seven of the members of the Commission may be members of the same political party.

“(3) In addition to the members appointed under paragraph (1), the following shall be nonvoting members of the Commission:

“(A) The Under Secretary for Benefits of the Department of Veterans Affairs.

“(B) The Assistant Secretary of Defense for Force Management and Personnel.

“(C) The Assistant Secretary of Labor for Veterans’ Employment and Training.

“(4) The appointments of members of the Commission shall, to the maximum extent practicable, be made after consultation with representatives of veterans service organizations.

“(5) The appointments of the members of the Commission shall be made not later than 45 days after the date of the enactment of this Act [Oct. 9, 1996].

“(c) Period of Appointment; Vacancies.—Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.

“(d) Initial Meeting.—Not later than 30 days after the date on which all members of the Commission have been appointed under subsection (b)(1), the Commission shall hold its first meeting.

“(e) Quorum.—A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings.

“(f) Chairman and Vice Chairman.—The Commission shall select a chairman and vice chairman from among its members.

“(g) Meetings.—The Commission shall meet at the call of the chairman of the Commission.

“(h) Panels.—The Commission may establish panels composed of less than the full membership of the Commission for the purpose of carrying out the Commission's duties. The actions of such panels shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission.

“(i) Authority of Individuals To Act for Commission.—Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this title.

“SEC. 702. DUTIES OF COMMISSION.

“(a) In General.—The Commission shall—

“(1) review the adequacy and effectiveness of veterans transition assistance and benefits programs in providing assistance to members of the Armed Forces in making the transition and adjustment to civilian life;

“(2) review the allocation under law of responsibility for the administration of veterans transition assistance and benefits programs among the various departments and agencies of the Government and determine the feasibility and desirability of consolidating such administration;

“(3) evaluate proposals for improving such programs, including proposals for alternative means of providing services delivered by such programs; and

“(4) make recommendations to Congress regarding the need for improvements in such programs.

“(b) Review of Programs To Assist Members of the Armed Forces at Separation.—(1) While carrying out the general duties specified in subsection (a), the members of the Commission appointed under subparagraphs (C) and (D) of section 701(b)(1) and the member specified in subparagraph (B) of section 701(b)(3) shall review primarily the programs intended to assist members of the Armed Forces at the time of their separation from service in the Armed Forces, including programs designed to assist families of such members.

“(2) In carrying out the review, those members of the Commission shall determine the following:

“(A) The adequacy of the programs referred to in paragraph (1) for their purposes.

“(B) The adequacy of the support of the Armed Forces for such programs.

“(C) The adequacy of funding levels for such programs.

“(D) The effect, if any, of the existence of such programs on military readiness.

“(E) The extent to which such programs provide members of the Armed Forces with job-search skills.

“(F) The extent to which such programs prepare such members for employment in the private sector and in the public sector.

“(G) The effectiveness of such programs in assisting such members in finding employment in the public sector upon their separation from service.

“(H) The ways in which such programs could be improved.

“(3) In carrying out the review, the Commission shall make use of previous studies which have been made of such programs.

“(c) Review of Programs To Assist Veterans.—(1) While carrying out the general duties specified in subsection (a), the members of the Commission appointed under subparagraphs (A) and (B) of section 701(b)(1) and the members specified in subparagraphs (A) and (C) of section 701(b)(3) shall review the following programs:

“(A) Educational assistance programs.

“(B) Job counseling, job training, and job placement services programs.

“(C) Rehabilitation and training programs.

“(D) Housing loan programs.

“(E) Small business loan and small business assistance programs.

“(F) Employment and employment training programs for employment in the public sector and the private sector, including employer training programs and union apprenticeship programs.

“(G) Government personnel policies (including veterans’ preference policies) and the enforcement of such policies.

“(H) Programs that prepare the families of members of the Armed Forces for their transition from military life to civilian life and facilitate that transition.

“(2) In carrying out the review, such members of the Commission shall determine the following:

“(A) The adequacy of the programs referred to in paragraph (1) for their purposes.

“(B) The adequacy of the support of the Department of Veterans Affairs for such programs.

“(C) The adequacy of funding levels for such programs.

“(D) The extent to which such programs provide veterans with job-search skills.

“(E) The extent to which such programs prepare veterans for employment in the private sector and in the public sector.

“(F) The effectiveness of such programs in assisting veterans in finding employment in the public sector upon their separation from service.

“(G) The ways in which such programs could be improved.

“(d) Reports.—(1) Not later than 90 days after the date on which all members of the Commission have been appointed under section 701(b)(1), the Commission shall submit to the Committees on Veterans’ Affairs and Armed Services of the Senate and the Committees on Veterans’ Affairs and National Security of the House of Representatives [now Committees on Veterans’ Affairs and Armed Services of the House of Representatives] a report setting forth a plan for the work of the Commission. The Commission shall develop the plan in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, the Secretary of Labor, and the heads of other appropriate departments and agencies of the Government.

“(2)(A) Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit to the committees referred to in paragraph (1), and to the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Labor, a report setting forth the activities, findings, and recommendations of the Commission, including any recommendations for legislative action and administrative action as the Commission considers appropriate.

“(B) Not later than 90 days after receiving the report referred to in subparagraph (A), the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Labor shall jointly transmit the report to Congress, together with the Secretaries’ comments on the report.

“SEC. 703. POWERS OF COMMISSION.

“(a) Hearings.—The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this title.

“(b) Information From Federal Agencies.—The Commission may secure directly from the Department of Defense, the Department of Veterans Affairs, and any other department or agency of the Government such information as the Commission considers necessary to carry out its duties under this title. Upon request of the chairman of the Commission, the head of such department or agency shall furnish such information expeditiously to the Commission.

“SEC. 704. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

“(a) Postal Services.—The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Government.

“(b) Gifts.—The Commission may accept, use, and dispose of gifts or donations of services or property.

“(c) Miscellaneous Administrative Support.—The Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Labor shall, upon the request of the chairman of the Commission, furnish the Commission, on a reimbursable basis, any administrative and support services as the Commission may require.

“SEC. 705. COMMISSION PERSONNEL MATTERS.

“(a) Compensation of Members.—Each member of the Commission may be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in performing the duties of the Commission.

“(b) Travel and Travel Expenses.—(1) Members and personnel of the Commission may travel on military aircraft, military vehicles, or other military conveyances when travel is necessary in the performance of a duty of the Commission except when the cost of commercial transportation is less expensive.

“(2) The members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

“(c) Staff.—(1) The chairman of the Commission may, without regard to civil service laws and regulations, appoint and terminate an executive director and up to five additional staff members as may be necessary to enable the Commission to perform its duties. In appointing an individual as executive director, the chairman shall, to the maximum extent practicable, attempt to appoint an individual who is a veteran. The employment of an executive director shall be subject to confirmation by the Commission.

“(2) The chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other staff members may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

“(d) Detail of Government Employees.—Upon request of the chairman of the Commission, the head of any department or agency of the Government may detail, on a nonreimbursable basis, any personnel of the department or agency to the Commission to assist the Commission in carrying out its duties.

“(e) Procurement of Temporary and Intermittent Services.—The chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of such title.

“SEC. 706. TERMINATION OF COMMISSION.

“The Commission shall terminate 90 days after the date on which it submits its report under section 702(d)(2).

“SEC. 707. DEFINITIONS.

“For the purposes of this title:

“(1) The term ‘veterans transition assistance and benefits program’ means any program of the Government the purpose of which is—

“(A) to assist, by rehabilitation or other means, members of the Armed Forces in readjusting or otherwise making the transition to civilian life upon their separation from service in the Armed Forces; or

“(B) to assist veterans in making the transition to civilian life.

“(2) The term ‘Armed Forces’ has the meaning given such term in section 101(10) of title 38, United States Code.

“(3) The term ‘veteran’ has the meaning given such term in section 101(2) of title 38, United States Code.

“(4) The term ‘veterans service organization’ means any organization covered by section 5902(a) of title 38, United States Code.

“SEC. 708. FUNDING.

“(a) In General.—The Secretary of Defense shall, upon the request of the chairman of the Commission, make available to the Commission such amounts as the Commission may require to carry out its duties under this title. The Secretary shall make such amounts available from amounts appropriated for the Department of Defense, except that such amounts may not be from amounts appropriated for the transition assistance program (TAP), the Army career alumni program (ACAP), or any similar program.

“(b) Availability.—Any sums made available to the Commission under subsection (a) shall remain available, without fiscal year limitation, until the termination of the Commission.”

Original Members of Advisory Committee

Section 333(b) of Pub. L. 104–262 provided that:

“(1) Notwithstanding subsection (a)(2) of section 545 of title 38, United States Code (as added by subsection (a)), the members of the Advisory Committee on the Readjustment of Vietnam and Other War Veterans on the date of the enactment of this Act [Oct. 9, 1996] shall be the original members of the advisory committee recognized under such section.

“(2) The original members shall so serve until the Secretary of Veterans Affairs carries out appointments under such subsection (a)(2). The Secretary of Veterans Affairs shall carry out such appointments as soon after such date as is practicable. The Secretary may make such appointments from among such original members.”

CHAPTER 7—EMPLOYEES

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.
712.
Full-time equivalent positions: limitation on reduction.

        

Amendments

1994—Pub. L. 103–446, title XI, §1102(b), Nov. 2, 1994, 108 Stat. 4681, added item 712.

§701. Placement of employees in military installations

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 Provisions

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).

§703. Miscellaneous authorities respecting employees

(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 Provisions

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).

§705. Telephone service for medical officers and facility directors

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 Provisions

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).

§707. Benefits for employees at overseas offices who are United States citizens

(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(c) 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(d) 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; amended Pub. L. 104–201, div. A, title XVII, §1723(a)(2), Sept. 23, 1996, 110 Stat. 2759.)

References in Text

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 Provisions

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).

Amendments

1996—Subsec. (a)(6). Pub. L. 104–201, §1723(a)(2)(A), substituted “Section 5724a(c)” for “Section 5724a(a)(3)”.

Subsec. (a)(7). Pub. L. 104–201, §1723(a)(2)(B), substituted “Section 5724a(d)” for “Section 5724a(a)(4)”.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–201 effective 180 days after Sept. 23, 1996, see section 1725(a) of Pub. L. 104–201, set out as a note under section 5722 of Title 5, Government Organization and Employees.

Ex. Ord. No. 12228. Allowances for Personnel on Foreign Duty

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.

§709. Employment restrictions

(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 Provisions

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).

Amendments

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”.

§711. Grade reductions

(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.

(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, upon request of either of such Committees, 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; amended Pub. L. 103–446, title XII, §1201(e)(5), Nov. 2, 1994, 108 Stat. 4685; Pub. L. 104–316, title I, §119, Oct. 19, 1996, 110 Stat. 3836.)

Prior Provisions

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.

Amendments

1996—Subsec. (d). Pub. L. 104–316 inserted “, upon request of either of such Committees,” after “the Comptroller General shall” in first sentence.

1994—Subsec. (d). Pub. L. 103–446 substituted “committees” for “Committees”.

§712. Full-time equivalent positions: limitation on reduction

(a) Notwithstanding any other provision of law, the number of full-time equivalent positions in the Department of Veterans Affairs during the period beginning on November 2, 1994, and ending on September 30, 1999, may not (except as provided in subsection (c)) be less than 224,377.

(b) In determining the number of full-time equivalent positions in the Department of Veterans Affairs during a fiscal year for purposes of ensuring under section 5(b) of the Federal Workforce Restructuring Act of 1994 (Public Law 103–226; 108 Stat. 115; 5 U.S.C. 3101 note) that the total number of full-time equivalent positions in all agencies of the Federal Government during a fiscal year covered by that section does not exceed the limit prescribed for that fiscal year under that section, the total number of full-time equivalent positions in the Department of Veterans Affairs during that fiscal year shall be the number equal to—

(1) the number of such positions in the Department during that fiscal year, reduced by

(2) the sum of the following:

(A) The number of such positions in the Department during that fiscal year that are filled by employees whose salaries and benefits are paid primarily from funds other than appropriated funds.

(B) The number of such positions in the Department during that fiscal year held by persons involved in providing health-care resources under section 8111 or 8153 of this title or under section 201 of the Veterans Health Care Act of 1992 (Public Law 102–585; 106 Stat. 4949; 38 U.S.C. 8111 note).


(c) The Secretary shall not be required to make a reduction in the number of full-time equivalent positions in the Department unless such reduction—

(1) is necessary due to a reduction in funds available to the Department; or

(2) is required under a law that is enacted after the date of the enactment of this section and that refers specifically to this section.


(d) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives an annual report, through the year 2000, on the number and type of full-time equivalent positions in the Department that are reduced under this section. The report shall include a justification for the reductions and shall be submitted with the materials provided in support of the budget for the Department contained in the President's budget submitted to Congress for a fiscal year pursuant to section 1105 of title 31.

(Added Pub. L. 103–446, title XI, §1102(a), Nov. 2, 1994, 108 Stat. 4680; amended Pub. L. 104–262, title III, §303, Oct. 9, 1996, 110 Stat. 3194; Pub. L. 105–33, title VIII, §8023(e), Aug. 5, 1997, 111 Stat. 667; Pub. L. 105–368, title X, §1005(b)(1), Nov. 11, 1998, 112 Stat. 3364.)

References in Text

The date of the enactment of this section, referred to in subsec. (c)(2), is the date of enactment of Pub. L. 103–446, which was approved Nov. 2, 1994.

Amendments

1998—Subsec. (a). Pub. L. 105–368, which directed amendment of subsec. (a) by substituting “November 2, 1994,” for “the date of enactment of this section”, was executed by making the substitution for “the date of the enactment of this section”, to reflect the probable intent of Congress.

1997—Subsec. (b)(2)(B), (C). Pub. L. 105–33 redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “The number of such positions held during that fiscal year by persons involved in medical care cost recovery activities under section 1729 of this title.”

1996—Subsec. (b)(2). Pub. L. 104–262, §303(1), substituted “the sum of the following:” for “the sum of—” in introductory provisions.

Subsec. (b)(2)(A), (B). Pub. L. 104–262, §303(2), (3), substituted “The number” for “the number” in subpars. (A) and (B) and substituted a period for “; and” at end of subpar. (A).

Subsec. (b)(2)(C). Pub. L. 104–262, §303(4), added subpar. (C).

Effective Date of 1997 Amendment

Section 8023(g) of Pub. L. 105–33 provided that:

“(1) Except as provided in paragraph (2), this section [enacting section 1729A of this title, amending this section and sections 1710, 1722A, and 1729 of this title, and enacting provisions set out as notes under sections 1729 and 1729A of this title] and the amendments made by this section shall take effect on October 1, 1997.

“(2) The amendments made by subsection (d) [amending section 1729 of this title] shall take effect on the date of the enactment of this Act [Aug. 5, 1997].”

Congressional Findings

Section 1101 of Pub. L. 103–446 provided that: “Congress makes the following findings:

“(1) Under proposals for national health care reform, the Department of Veterans Affairs will be required to provide health care services to veterans on a competitive basis with other health care providers.

“(2) The elimination of positions from the Department that the Office of Management and Budget has scheduled to occur in fiscal years 1995 through 1999 would prevent the Department from meeting the responsibilities of the Department to provide health care to veterans under law and from maintaining the quality of health care that is currently provided to veterans.”

CHAPTER 9—SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE JURISDICTION OF THE DEPARTMENT

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.

        

§901. Authority to prescribe rules for conduct and penalties for violations

(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 Provisions

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).

Cross References

Protection of Federal property under jurisdiction of Administrator of General Services, see sections 318 to 318d of Title 40, Public Buildings, Property, and Works.

Section Referred to in Other Sections

This section is referred to in section 902 of this title.

§902. Enforcement and arrest authority of Department police officers

(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 Provisions

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).

Section Referred to in Other Sections

This section is referred to in section 7455 of this title.

§903. Uniform allowance

(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 Provisions

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).

§904. Equipment and weapons

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 Provisions

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).

§905. Use of facilities and services of other law enforcement agencies

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 Provisions

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.

PART II—GENERAL 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
18.
Benefits for Children of Vietnam Veterans Who Are Born With Spina Bifida
1801
19.
Insurance
1901
21.
Specially Adapted Housing for Disabled Veterans
2101
23.
Burial Benefits
2301
24.
National Cemeteries and Memorials
2400

        

Amendments

1996—Pub. L. 104–204, title IV, §421(b)(2), Sept. 26, 1996, 110 Stat. 2926, added item for chapter 18.

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.

Part Referred to in Other Sections

This part is referred to in title 42 section 3013.

CHAPTER 11—COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER I—GENERAL

Sec.
1101.
Definitions.
1102.
Special provisions relating to surviving spouses.
1103.
Special provisions relating to claims based upon effects of tobacco products.
1104.
Cost-of-living adjustments.

        

SUBCHAPTER II—WARTIME DISABILITY COMPENSATION

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.
1117.
Compensation for disabilities occurring in Persian Gulf War veterans.
1118.
Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War.

        

SUBCHAPTER III—WARTIME DEATH COMPENSATION

1121.
Basic entitlement.
1122.
Rates of wartime death compensation.

        

SUBCHAPTER IV—PEACETIME DISABILITY 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.

        

SUBCHAPTER V—PEACETIME DEATH COMPENSATION

1141.
Basic entitlement.
1142.
Rates of peacetime death compensation.

        

SUBCHAPTER VI—GENERAL COMPENSATION PROVISIONS

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.

        

Amendments

1998—Pub. L. 105–368, title X, §1005(a), Nov. 11, 1998, 112 Stat. 3364, renumbered item 1103 “Cost-of-living adjustments” as 1104.

Pub. L. 105–277, div. C, title XVI, §1602(a)(2), Oct. 21, 1998, 112 Stat. 2681–744, added item 1118.

Pub. L. 105–178, title VIII, §8202(a)(2), as added by Pub. L. 105–206, title IX, §9014(a), July 22, 1998, 112 Stat. 865, added item 1103 “Special provisions relating to claims based upon effects of tobacco products”.

1997—Pub. L. 105–33, title VIII, §8031(a)(2), Aug. 5, 1997, 111 Stat. 668, added item 1103 “Cost-of-living adjustments”.

1994—Pub. L. 103–446, title I, §106(a)(2), Nov. 2, 1994, 108 Stat. 4651, added item 1117.

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.

Chapter Referred to in Other Sections

This chapter is referred to in sections 106, 107, 1310, 1315, 1712, 2101, 3102, 3485, 3501, 3901, 4213, 5125, 5303A, 5310, 5317 of this title; title 10 sections 1086, 1437, 1446, 1450; title 26 section 6103; title 31 section 3803; title 42 section 6862.

SUBCHAPTER I—GENERAL

§1101. Definitions

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.)

Amendments

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”.

Effective Date of 1976 Amendment

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.”

Effective Date of Future Increases

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.]

Treatment of Certain Income of Alaska Natives for Purposes of Need-Based Benefits

Pub. L. 103–446, title V, §506, Nov. 2, 1994, 108 Stat. 4664, provided that: “Any receipt by an individual from a Native Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) of cash, stock, land, or other interests referred to in subparagraphs (A) through (E) of section 29(c) of that Act (43 U.S.C. 1626(c)) (whether such receipt is attributable to the disposition of real property, profits from the operation of real property, or otherwise) shall not be countable as income for purposes of any law administered by the Secretary of Veterans Affairs.”

Cost-of-Living Increases in Compensation Rates

Pub. L. 103–446, title I, §111(b), Nov. 2, 1994, 108 Stat. 4654, provided that: “The fiscal year 1995 cost-of-living adjustments in the rates of and limitations for compensation payable under chapter 11 of title 38, United States Code, and of dependency and indemnity compensation payable under chapter 13 of such title will be no more than a percentage equal to the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 1994, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)), with all increased monthly rates and limitations (other than increased rates or limitations equal to a whole dollar amount) rounded down to the next lower dollar.”

Pub. L. 103–66, title XII, §12008, Aug. 10, 1993, 107 Stat. 415, provided that:

“(a) Policy.—The fiscal year 1994 cost-of-living adjustments in the rates of and limitations for compensation payable under chapter 11 of title 38, United States Code, and of dependency and indemnity compensation payable under chapter 13 of such title, except as provided in subsection (b) of this section, will be no more than a percentage equal to the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 1993, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)), with all increased monthly rates and limitations (other than increased rates or limitations equal to a whole dollar amount) rounded down to the next lower dollar.

“(b) Limitation on Fiscal Year 1994 Cost-of-Living Adjustment for Certain DIC Recipients.—(1) During fiscal year 1994, the amount of any increase in any of the rates of dependency and indemnity compensation in effect under section 1311(a)(3) of title 38, United States Code, will not exceed 50 percent of the new law increase, rounded down (if not an even dollar amount) to the next lower dollar.

“(2) For purposes of paragraph (1), the new law increase is the amount by which the rate of dependency and indemnity compensation provided for recipients under section 1311(a)(1) of such title is increased for fiscal year 1994.”

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).”

Benefits and Services for Former Prisoners of War; Implementation of Programs; Records for Disposition 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).”

Study on Disability Compensation and Health-Care Needs of Former Prisoners of War; Report to President and 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.

Amputees, Cardiovascular Disorders; Study

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.

Study of Claims for Dependency and Indemnity Compensation

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.

Section Referred to in Other Sections

This section is referred to in title 5 sections 3501, 5532, 6303, 8332, 8411; title 8 sections 1612, 1613, 1622; title 50 section 2082.

§1102. Special provisions relating to surviving spouses

(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.)

Amendments

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”.

Effective Date of 1976 Amendment

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.

Effective Date of 1967 Amendment

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.

§1103. Special provisions relating to claims based upon effects of tobacco products

(a) Notwithstanding any other provision of law, a veteran's disability or death shall not be considered to have resulted from personal injury suffered or disease contracted in the line of duty in the active military, naval, or air service for purposes of this title on the basis that it resulted from injury or disease attributable to the use of tobacco products by the veteran during the veteran's service.

(b) Nothing in subsection (a) shall be construed as precluding the establishment of service connection for disability or death from a disease or injury which is otherwise shown to have been incurred or aggravated in active military, naval, or air service or which became manifest to the requisite degree of disability during any applicable presumptive period specified in section 1112 or 1116 of this title.

(Added Pub. L. 105–178, title VIII, §8202(a)(1), as added Pub. L. 105–206, title IX, §9014(a), July 22, 1998, 112 Stat. 865.)

Prior Provisions

A prior section 1103 was renumbered section 1104 of this title.

Effective Date

Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, see section 9016 of Pub. L. 105–206, set out as an Effective Date of 1998 Amendment note under section 101 of Title 23, Highways.

Pub. L. 105–178, title VIII, §8202(b), as amended by Pub. L. 105–206, title IX, §9014(a), July 22, 1998, 112 Stat. 865, provided that: “Section 1103 of title 38, United States Code, as added by subsection (a), shall apply with respect to claims received by the Secretary of Veterans Affairs after the date of the enactment of this Act [June 9, 1998].”

§1104. Cost-of-living adjustments

(a) In the computation of cost-of-living adjustments for fiscal years 1998 through 2002 in the rates of, and dollar limitations applicable to, compensation payable under this chapter, such adjustments shall be made by a uniform percentage that is no more than the percentage equal to the social security increase for that fiscal year, with all increased monthly rates and limitations (other than increased rates or limitations equal to a whole dollar amount) rounded down to the next lower whole dollar amount.

(b) For purposes of this section, the term “social security increase” means the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased for any fiscal year as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)).

(Added Pub. L. 105–33, title VIII, §8031(a)(1), Aug. 5, 1997, 111 Stat. 668, §1103; renumbered §1104, Pub. L. 105–368, title X, §1005(a), Nov. 11, 1998, 112 Stat. 3364.)

References in Text

The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is classified generally to subchapter II (§401 et seq.) 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.

Amendments

1998—Pub. L. 105–368 renumbered section 1103 of this title as this section.

SUBCHAPTER II—WARTIME DISABILITY COMPENSATION

Subchapter Referred to in Other Sections

This subchapter is referred to in section 1157 of this title; title 26 section 6334.

§1110. Basic entitlement

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; Pub. L. 105–178, title VIII, §8202(a), June 9, 1998, 112 Stat. 492; Pub. L. 105–206, title IX, §9014(a), July 22, 1998, 112 Stat. 865.)

Amendments

1998—Pub. L. 105–178, which directed the substitution of “, abuse of alcohol or drugs, or use of tobacco products” for “or abuse of alcohol or drugs” before the period at end, was amended generally by Pub. L. 105–206, which provided that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made. See Effective Date of 1998 Amendment note below.

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”.

Effective Date of 1998 Amendment

Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178 as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1990 Amendment

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.

Construction of 1998 Amendment

Pub. L. 105–206, title IX, §9014(a), July 22, 1998, 112 Stat. 865, provided that section 8202 of Pub. L. 105–178 is amended generally and that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made.

Section Referred to in Other Sections

This section is referred to in sections 1111, 1112, 1114, 1116, 1118 of this title.

§1111. Presumption of sound condition

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.)

Amendments

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”.

Section Referred to in Other Sections

This section is referred to in section 1137 of this title.

§1112. Presumptions relating to certain diseases and disabilities

(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 (without regard to whether the nation conducting the test was the United States or another nation).

(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; Pub. L. 103–446, title V, §501(a), Nov. 2, 1994, 108 Stat. 4663.)

Amendments

1994—Subsec. (c)(3)(B)(i). Pub. L. 103–446 inserted before period at end “(without regard to whether the nation conducting the test was the United States or another nation)”.

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).

Effective Date of 1992 Amendment

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.”

Effective Date of 1991 Amendment

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].”

Effective Date of 1988 Amendment

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.”

Effective Date of 1986 Amendment

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.”

Effective Date of 1984 Amendment

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.”

Effective Date of 1981 Amendment

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.”

Effective Date of 1962 Amendment

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.”

Section Referred to in Other Sections

This section is referred to in sections 1103, 1113, 1137, 1710 of this title.

§1113. Presumptions rebuttable

(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 or disabilities within the purview of section 1112, 1116, 1117, or 1118 of this title, has been suffered between the date of separation from service and the onset of any such diseases or disabilities, or the disability is due to the veteran's own willful misconduct, service-connection pursuant to section 1112, 1116, or 1118 of this title, or payments of compensation pursuant to section 1117 of this title, will not be in order.

(b) Nothing in section 1112, 1116, 1117, or 1118 of this title, subsection (a) of this section, or section 5 of Public Law 98–542 (38 U.S.C. 1154 note) 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; Pub. L. 103–446, title I, §106(b), title V, §501(b)(1), Nov. 2, 1994, 108 Stat. 4651, 4663; Pub. L. 105–277, div. C, title XVI, §1602(b), Oct. 21, 1998, 112 Stat. 2681–744.)

Amendments

1998—Subsec. (a). Pub. L. 105–277 substituted “1117, or 1118” for “or 1117” and “, 1116, or 1118” for “or 1116”.

Subsec. (b). Pub. L. 105–277, §1602(b)(1), substituted “1117, or 1118” for “or 1117”.

1994—Subsec. (a). Pub. L. 103–446, §106(b), inserted “or disabilities” after “diseases” in two places, substituted “purview of section 1112, 1116, or 1117” for “purview of section 1112 or 1116”, and inserted “, or payments of compensation pursuant to section 1117 of this title,” before “will not”.

Subsec. (b). Pub. L. 103–446, §501(b)(1), substituted “title,” for “title or” and inserted “, or section 5 of Public Law 98–542 (38 U.S.C. 1154 note)” after “of this section”.

Pub. L. 103–446, §106(b)(1), substituted “section 1112, 1116, or 1117” for “section 1112 or 1116”.

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.

Effective Date of 1994 Amendment

Section 501(b)(2) of Pub. L. 103–446 provided that: “The amendments made by paragraph (1) [amending this section] shall apply with respect to applications for veterans benefits that are submitted to the Secretary of Veterans Affairs after the date of the enactment of this Act [Nov. 2, 1994].”

Section Referred to in Other Sections

This section is referred to in sections 1112, 1116, 1118, 1137 of this title.

§1114. Rates of wartime disability compensation

For the purposes of section 1110 of this title—

(a) if and while the disability is rated 10 percent the monthly compensation shall be $95;

(b) if and while the disability is rated 20 percent the monthly compensation shall be $182;

(c) if and while the disability is rated 30 percent the monthly compensation shall be $279;

(d) if and while the disability is rated 40 percent the monthly compensation shall be $399;

(e) if and while the disability is rated 50 percent the monthly compensation shall be $569;

(f) if and while the disability is rated 60 percent the monthly compensation shall be $717;

(g) if and while the disability is rated 70 percent the monthly compensation shall be $905;

(h) if and while the disability is rated 80 percent the monthly compensation shall be $1,049;

(i) if and while the disability is rated 90 percent the monthly compensation shall be $1,181;

(j) if and while the disability is rated as total the monthly compensation shall be $1,964;

(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 $75 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 $2,443 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 $75 per month for each such loss or loss of use, but in no event to exceed $3,426 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 $2,443;

(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 $2,694;

(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 $3,066;

(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 $3,426;

(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 $3,426. 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 $3,426. 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 $3,426. 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 $3,426. 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 $1,471; 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 $2,190, 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 $2,199. 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; Pub. L. 103–78, §1, Aug. 13, 1993, 107 Stat. 767; Pub. L. 103–140, §2, Nov. 11, 1993, 107 Stat. 1485; Pub. L. 105–98, §2(a), Nov. 19, 1997, 111 Stat. 2155.)

Amendments

1997—Subsec. (a). Pub. L. 105–98, §2(a)(1), substituted “$95” for “$87”.

Subsec. (b). Pub. L. 105–98, §2(a)(2), substituted “$182” for “$166”.

Subsec. (c). Pub. L. 105–98, §2(a)(3), substituted “$279” for “$253”.

Subsec. (d). Pub. L. 105–98, §2(a)(4), substituted “$399” for “$361”.

Subsec. (e). Pub. L. 105–98, §2(a)(5), substituted “$569” for “$515”.

Subsec. (f). Pub. L. 105–98, §2(a)(6), substituted “$717” for “$648”.

Subsec. (g). Pub. L. 105–98, §2(a)(7), substituted “$905” for “$819”.

Subsec. (h). Pub. L. 105–98, §2(a)(8), substituted “$1,049” for “$948”.

Subsec. (i). Pub. L. 105–98, §2(a)(9), substituted “$1,181” for “$1,067”.

Subsec. (j). Pub. L. 105–98, §2(a)(10), substituted “$1,964” for “$1,774”.

Subsec. (k). Pub. L. 105–98, §2(a)(11), substituted “$75” for “$70” in two places and substituted “$2,443” and “$3,426” for “$2,207” and “$3,093”, respectively.

Subsec. (l). Pub. L. 105–98, §2(a)(12), substituted “$2,443” for “$2,207”.

Subsec. (m). Pub. L. 105–98, §2(a)(13), substituted “$2,694” for “$2,432”.

Subsec. (n). Pub. L. 105–98, §2(a)(14), substituted “$3,066” for “$2,768”.

Subsecs. (o), (p). Pub. L. 105–98, §2(a)(15), substituted “$3,426” for “$3,093” wherever appearing.

Subsec. (r). Pub. L. 105–98, §2(a)(16), substituted “$1,471” and “$2,190” for “$1,328” and “$1,978”, respectively.

Subsec. (s). Pub. L. 105–98, §2(a)(17), substituted “$2,199” for “$1,985”.

1993—Subsec. (a). Pub. L. 103–140, §2(1), substituted “$87” for “$85”.

Pub. L. 103–78, §1(1), substituted “$85” for “$83”.

Subsec. (b). Pub. L. 103–140, §2(2), substituted “$166” for “$162”.

Pub. L. 103–78, §1(2), substituted “$162” for “$157”.

Subsec. (c). Pub. L. 103–140, §2(3), substituted “$253” for “$247”.

Pub. L. 103–78, §1(3), substituted “$247” for “$240”.

Subsec. (d). Pub. L. 103–140, §2(4), substituted “$361” for “$352”.

Pub. L. 103–78, §1(4), substituted “$352” for “$342”.

Subsec. (e). Pub. L. 103–140, §2(5), substituted “$515” for “$502”.

Pub. L. 103–78, §1(5), substituted “$502” for “$487”.

Subsec. (f). Pub. L. 103–140, §2(6), substituted “$648” for “$632”.

Pub. L. 103–78, §1(6), substituted “$632” for “$614”.

Subsec. (g). Pub. L. 103–140, §2(7), substituted “$819” for “$799”.

Pub. L. 103–78, §1(7), substituted “$799” for “$776”.

Subsec. (h). Pub. L. 103–140, §2(8), substituted “$948” for “$924”.

Pub. L. 103–78, §1(8), substituted “$924” for “$897”.

Subsec. (i). Pub. L. 103–140, §2(9), substituted “$1,067” for “$1,040”.

Pub. L. 103–78, §1(9), substituted “$1,040” for “$1,010”.

Subsec. (j). Pub. L. 103–140, §2(10), substituted “$1,774” for “$1,730”.

Pub. L. 103–78, §1(10), substituted “$1,730” for “$1,680”.

Subsec. (k). Pub. L. 103–140, §2(11), substituted “$2,207” and “$3,093” for “$2,152” and “$3,015”, respectively.

Pub. L. 103–78, §1(11), which directed the substitution of “$70” for “$68”, was executed by making the substitution in two places to reflect the probable intent of Congress.

Pub. L. 103–78, §1(11), substituted “$2,152” and “$3,015” for “$2,089” and “$2,927”, respectively.

Subsec. (l). Pub. L. 103–140, §2(12), substituted “$2,207” for “$2,152”.

Pub. L. 103–78, §1(12), substituted “$2,152” for “$2,089”.

Subsec. (m). Pub. L. 103–140, §2(13), substituted “$2,432” for “$2,371”.

Pub. L. 103–78, §1(13), substituted “$2,371” for “$2,302”.

Subsec. (n). Pub. L. 103–140, §2(14), substituted “$2,768” for “$2,698”.

Pub. L. 103–78, §1(14), substituted “$2,698” for “$2,619”.

Subsec. (o). Pub. L. 103–140, §2(15), substituted “$3,093” for “$3,015”.

Pub. L. 103–78, §1(15), substituted “$3,015” for “$2,927”.

Subsec. (p). Pub. L. 103–140, §2(15), substituted “$3,093” for “$3,015” wherever appearing.

Pub. L. 103–78, §1(15), substituted “$3,015” for “$2,927” wherever appearing.

Subsec. (r). Pub. L. 103–140, §2(16), substituted “$1,328” for “$1,295” in par. (1) and “$1,978” for “$1,928” in par. (2).

Pub. L. 103–78, §1(16), substituted “$1,295” for “$1,257” in par. (1) and “$1,928” for “$1,872” in par. (2).

Subsec. (s). Pub. L. 103–140, §2(17), substituted “$1,985” for “$1,935”.

Pub. L. 103–78, §1(17), substituted “$1,935” for “$1,879”.

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).

Effective Date of 1997 Amendment

Section 7 of Pub. L. 105–98 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, 1997.”

Effective Date of 1993 Amendment

Section 7 of Pub. L. 103–140 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, 1993.”

Effective Date of 1991 Amendments

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.”

Effective Date of 1989 Amendment

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.”

Effective Date of 1988 Amendment

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.”

Effective Date of 1987 Amendment

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.”

Effective Date of 1986 Amendments

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.”

Effective Date of 1984 Amendments

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.

Effective Date of 1982 Amendments

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.”

Effective Date of 1981 Amendment

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].”

Effective Date of 1980 Amendment

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 former 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.”

Effective Date of 1979 Amendments

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.]

Effective Date of 1978 Amendment

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.”

Effective Date of 1977 Amendment

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.”

Effective Date of 1976 Amendment

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.

Effective Date of 1975 Amendment

Section 301 of Pub. L. 94–71 provided that: “The provisions of this Act [see Tables for classification] shall become effective August 1, 1975.”

Effective Date of 1974 Amendment

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].”

Effective Date of 1972 Amendment

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].”

Effective Date of 1970 Amendment

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.”

Effective Date of 1968 Amendment

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.”

Effective Date of 1967 Amendment

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.

Effective Date of 1965 Amendment

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].”

Effective Date of 1963 Amendments

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].”

Effective Date of 1962 Amendment

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.

Effective Date of 1960 Amendment

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].”

Effective Date of 1958 Amendment

Section 2 of Pub. L. 85–782 provided that the amendment made by that section is effective Jan. 1, 1959.

Repeal of Temporary Changes in Fiscal Year 1983 Compensation

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.

Disability Compensation and Dependency and Indemnity Compensation Rate Increases

Pub. L. 105–368, title XI, §§1101(a)–(c), 1102, Nov. 11, 1998, 112 Stat. 3366, 3367, provided that:

“SEC. 1101. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION.

“(a) Rate Adjustment.—The Secretary of Veterans Affairs shall, effective on December 1, 1998, increase the dollar amounts in effect for the payment of disability compensation and dependency and indemnity compensation by the Secretary, as specified in subsection (b).

“(b) Amounts To Be Increased.—The dollar amounts to be increased pursuant to subsection (a) are the following:

“(1) Compensation.—Each of the dollar amounts in effect under section 1114 of title 38, United States Code.

“(2) Additional compensation for dependents.—Each of the dollar amounts in effect under section 1115(1) of such title.

“(3) Clothing allowance.—The dollar amount in effect under section 1162 of such title.

“(4) New dic rates.—The dollar amounts in effect under paragraphs (1) and (2) of section 1311(a) of such title.

“(5) Old dic rates.—Each of the dollar amounts in effect under section 1311(a)(3) of such title.

“(6) Additional dic for surviving spouses with minor children.—The dollar amount in effect under section 1311(b) of such title.

“(7) Additional dic for disability.—The dollar amounts in effect under sections 1311(c) and 1311(d) of such title.

“(8) DIC for dependent children.—The dollar amounts in effect under sections 1313(a) and 1314 of such title.

“(c) Determination of Increase.—(1) The increase under subsection (a) shall be made in the dollar amounts specified in subsection (b) as in effect on November 30, 1998.

“(2) Except as provided in paragraph (3), each such amount shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 1998, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)).

“(3) Each dollar amount increased pursuant to paragraph (2) shall, if not a whole dollar amount, be rounded down to the next lower whole dollar amount.

“SEC. 1102. PUBLICATION OF ADJUSTED RATES.

“At the same time as the matters specified in section 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 1998, the Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in subsection (b) of section 1101, as increased pursuant to that section.”

Similar provisions were contained in the following acts:

Pub. L. 104–263, §2(a), (c), Oct. 9, 1996, 110 Stat. 3212.

Pub. L. 104–57, §§2(a)–(c), 3, Nov. 22, 1995, 109 Stat. 555, 556.

Pub. L. 103–418, §§2(a)–(c), 3, Oct. 25, 1994, 108 Stat. 4336, 4337.

Pub. L. 102–510, §2(a), (c), Oct. 24, 1992, 106 Stat. 3318, 3319.


Pub. L. 105–368, title XI, §1101(d), Nov. 11, 1998, 112 Stat. 3366, 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 (72 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. 105–98, §2(b), Nov. 19, 1997, 111 Stat. 2156.

Pub. L. 104–263, §2(b), Oct. 9, 1996, 110 Stat. 3212.

Pub. L. 104–57, §2(d), Nov. 22, 1995, 109 Stat. 556.

Pub. L. 103–418, §2(d), Oct. 25, 1994, 108 Stat. 4337.

Pub. L. 102–510, §2(b), Oct. 24, 1992, 106 Stat. 3318.

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.

Section Referred to in Other Sections

This section is referred to in sections 1115, 1134, 1717, 3108, 5313, 5503 of this title.

§1115. Additional compensation for dependents

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, $114;

(B) has a spouse and one or more children, $195 plus $60 for each child in excess of one;

(C) has no spouse but one or more children, $78 plus $60 for each child in excess of one;

(D) has a parent dependent upon such veteran for support, then, in addition to the above amounts, $92 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 $215 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 $180 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; Pub. L. 103–78, §2, Aug. 13, 1993, 107 Stat. 768; Pub. L. 103–140, §3, Nov. 11, 1993, 107 Stat. 1486; Pub. L. 105–98, §3, Nov. 19, 1997, 111 Stat. 2156.)

Amendments

1997—Par. (1)(A). Pub. L. 105–98, §3(1), substituted “$114” for “$105”.

Par. (1)(B). Pub. L. 105–98, §3(2), substituted “$195” and “$60” for “$178” and “$55”, respectively.

Par. (1)(C). Pub. L. 105–98, §3(3), substituted “$78” and “$60” for “$72” and “$55”, respectively.

Par. (1)(D). Pub. L. 105–98, §3(4), substituted “$92” for “$84”.

Par. (1)(E). Pub. L. 105–98, §3(5), substituted “$215” for “$195”.

Par. (1)(F). Pub. L. 105–98, §3(6), substituted “$180” for “$164”.

1993—Par. (1)(A). Pub. L. 103–140, §3(1), substituted “$105” for “$103”.

Pub. L. 103–78, §2(1), substituted “$103” for “$100”.

Par. (1)(B). Pub. L. 103–140, §3(2), substituted “$178” for “$174” and “$55” for “$54”.

Pub. L. 103–78, §2(2), substituted “$174” for “$169” and “$54” for “$52”.

Par. (1)(C). Pub. L. 103–140, §3(3), substituted “$72” for “$71” and “$55” for “$54”.

Pub. L. 103–78, §2(3), substituted “$71” for “$69” and “$54” for “$52”.

Par. (1)(D). Pub. L. 103–140, §3(4), substituted “$84” for “$82”.

Pub. L. 103–78, §2(4), substituted “$82” for “$80”.

Par. (1)(E). Pub. L. 103–140, §3(5), substituted “$195” for “$191”.

Pub. L. 103–78, §2(5), substituted “$191” for “$185”.

Par. (1)(F). Pub. L. 103–140, §3(6), substituted “$164” for “$160”.

Pub. L. 103–78, §2(6), substituted “$160” for “$155”.

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.

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–98 effective Dec. 1, 1997, see section 7 of Pub. L. 105–98, set out as a note under section 1114 of this title.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–140 effective Dec. 1, 1993, see section 7 of Pub. L. 103–140, set out as a note under section 1114 of this title.

Effective Date of 1991 Amendments

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.

Effective Date of 1989 Amendment

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.

Effective Date of 1988 Amendment

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.

Effective Date of 1987 Amendment

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.

Effective Date of 1986 Amendments

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.

Effective Date of 1984 Amendments

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.

Effective Date of 1982 Amendments

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.

Effective Date of 1981 Amendment

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.

Effective Date of 1980 Amendment

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.

Effective Date of 1979 Amendment

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.

Effective Date of 1978 Amendment

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.

Effective Date of 1977 Amendment

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.

Effective Date of 1976 Amendment

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.

Effective Date of 1975 Amendment

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.

Effective Date of 1974 Amendment

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.

Effective Date of 1972 Amendment

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.

Effective Date of 1970 Amendment

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.

Effective Date of 1965 Amendments

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].”

Effective Date of 1960 Amendment

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].”

Repeal

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.

Savings Provision

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].”

Disability Compensation and Dependency and Indemnity Compensation Rate Increases

For increases in rates and limitations on Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under section 1114 of this title.

Section Referred to in Other Sections

This section is referred to in section 1135 of this title.

§1116. Presumptions of service connection for diseases associated with exposure to certain herbicide agents

(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 period beginning on January 9, 1962, and ending on May 7, 1975; and

(B) each additional disease (if any) that (i) 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 (ii) 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 period beginning on January 9, 1962, and ending on May 7, 1975, 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 period beginning on January 9, 1962, and ending on May 7, 1975.

(D) Hodgkin's disease becoming manifest to a degree of disability of 10 percent or more.

(E) Porphyria cutanea tarda becoming manifest to a degree of disability of 10 percent or more within a year after the last date on which the veteran performed active military, naval, or air service in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975.

(F) Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea) becoming manifest to a degree 1 of 10 percent or more within 30 years after the last date on which the veteran performed active military, naval, or air service in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975.

(G) Multiple myeloma becoming manifest to a degree of disability of 10 percent or more.


(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 period beginning on January 9, 1962, and ending on May 7, 1975, 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 period beginning on January 9, 1962, and ending on May 7, 1975.

(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; Pub. L. 103–446, title V, §505, title XII, §1201(e)(6), Nov. 2, 1994, 108 Stat. 4664, 4685; Pub. L. 104–275, title V, §505(b), Oct. 9, 1996, 110 Stat. 3342.)

References in Text

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.

Amendments

1996—Subsec. (a)(1)(A). Pub. L. 104–275, §505(b)(2), substituted “during the period beginning on January 9, 1962, and ending on May 7, 1975” for “during the Vietnam era”.

Subsec. (a)(1)(B). Pub. L. 104–275, §505(b)(1), substituted “during the period beginning on January 9, 1962, and ending on May 7, 1975,” for “during the Vietnam era”.

Subsec. (a)(2)(C), (E), (F). Pub. L. 104–275, §505(b)(2), substituted “during the period beginning on January 9, 1962, and ending on May 7, 1975” for “during the Vietnam era”.

Subsec. (a)(3). Pub. L. 104–275, §505(b)(1), substituted “during the period beginning on January 9, 1962, and ending on May 7, 1975,” for “during the Vietnam era”.

Subsec. (a)(4). Pub. L. 104–275, §505(b)(2), substituted “during the period beginning on January 9, 1962, and ending on May 7, 1975” for “during the Vietnam era”.

1994—Subsec. (a)(1)(B). Pub. L. 103–446, §1201(e)(6), substituted “(i)” for “(1)” and “(ii)” for “(2)”.

Subsec. (a)(2)(D) to (G). Pub. L. 103–446, §505, added subpars. (D) to (G).

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.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–275 effective Jan. 1, 1997, with no benefit to be paid or provided by reason of such amendment for any period before such date, see section 505(d) of Pub. L. 104–275, set out as a note under section 101 of this title.

Agreement With National Academy of Sciences

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.”

Results of Examinations and Treatment of Veterans for Disabilities Related to Exposure to Certain Herbicides or to Service in Vietnam

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.”

Tissue Archiving System

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.”

Scientific Research Feasibility Studies Program

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.”

Blood Testing of Certain Vietnam-Era Veterans

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.”

Study of Effect of Vietnam Experience on Health Status of Women Vietnam Veterans

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.”

Agent Orange Study; Report to Congressional Committees

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.

Section Referred to in Other Sections

This section is referred to in sections 1103, 1113 of this title.

1 So in original. Probably should be followed by “of disability”.

§1117. Compensation for disabilities occurring in Persian Gulf War veterans

(a) The Secretary may pay compensation under this subchapter to any Persian Gulf veteran suffering from a chronic disability resulting from an undiagnosed illness (or combination of undiagnosed illnesses) that—

(1) became manifest during service on active duty in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War; or

(2) became manifest to a degree of 10 percent or more within the presumptive period prescribed under subsection (b).


(b) The Secretary shall prescribe by regulation the period of time following service in the Southwest Asia theater of operations during the Persian Gulf War that the Secretary determines is appropriate for presumption of service connection for purposes of this section. The Secretary's determination of such period of time shall be made following a review of any available credible medical or scientific evidence and the historical treatment afforded disabilities for which manifestation periods have been established and shall take into account other pertinent circumstances regarding the experiences of veterans of the Persian Gulf War.

(c)(1) Whenever the Secretary determines under section 1118(c) of this title that a presumption of service connection for an undiagnosed illness (or combination of undiagnosed illnesses) previously established under this section is no longer warranted—

(A) a veteran who was awarded compensation under this section for such illness (or combination of illnesses) on the basis of the presumption shall continue to be entitled to receive compensation under this section on that basis; and

(B) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from the disease on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis.


(2) This subsection shall cease to be effective 10 years after the first day of the fiscal year in which the National Academy of Sciences submits to the Secretary the first report under section 1603 of the Persian Gulf War Veterans Act of 1998.

(d)(1) The Secretary shall prescribe regulations to carry out this section.

(2) Those regulations shall include the following:

(A) A description of the period and geographical area or areas of military service in connection with which compensation under this section may be paid.

(B) A description of the illnesses for which compensation under this section may be paid.

(C) A description of any relevant medical characteristic (such as a latency period) associated with each such illness.


(e) A disability for which compensation under this subchapter is payable shall be considered to be service connected for purposes of all other laws of the United States.

(f) For purposes of this section, the term “Persian Gulf veteran” means a veteran who served on active duty in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War.

(Added Pub. L. 103–446, title I, §106(a)(1), Nov. 2, 1994, 108 Stat. 4650; amended Pub. L. 105–277, div. C, title XVI, §1602(c), Oct. 21, 1998, 112 Stat. 2681–744.)

References in Text

Section 1603 of the Persian Gulf War Veterans Act of 1998, referred to in subsec. (c)(2), is section 1603 of Pub. L. 105–277, which is set out in a note below.

Amendments

1998—Subsecs. (c) to (f). Pub. L. 105–277 added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively.

Regulations

Section 106(d) of Pub. L. 103–446 provided that: “If the Secretary states in the report under subsection (c) [set out below] that the Secretary intends to pay compensation as provided in section 1117 of title 38, United States Code, as added by subsection (a), the Secretary shall, not later than 30 days after the date on which such report is submitted, publish in the Federal Register proposed regulations under subsections (b) and (c) of that section.”

Improving Effectiveness of Care of Persian Gulf War Veterans

Pub. L. 105–368, title I, §105, Nov. 11, 1998, 112 Stat. 3324, provided that:

“(a) Assessment by National Academy of Sciences.—Not later than April 1, 1999, the Secretary of Veterans Affairs shall enter into a contract with the National Academy of Sciences to review the available scientific data in order to—

“(1) assess whether a methodology could be used by the Department of Veterans Affairs for determining the efficacy of treatments furnished to, and health outcomes (including functional status) of, Persian Gulf War veterans who have been treated for illnesses which may be associated with their service in the Persian Gulf War; and

“(2) identify, to the extent feasible, with respect to each undiagnosed illness prevalent among such veterans and for any other chronic illness that the Academy determines to warrant such review, empirically valid models of treatment for such illness which employ successful treatment modalities for populations with similar symptoms.

“(b) Action on Report.—(1) After receiving the final report of the National Academy of Sciences under subsection (a), the Secretary shall, if a reasonable and scientifically feasible methodology is identified by the Academy, develop an appropriate mechanism to monitor and study the effectiveness of treatments furnished to, and health outcomes of, Persian Gulf War veterans who suffer from diagnosed and undiagnosed illnesses which may be associated with their service in the Persian Gulf War.

“(2) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the implementation of paragraph (1).

“(3) The Secretary shall carry out paragraphs (1) and (2) not later than 180 days after receiving the final report of the National Academy of Sciences under subsection (a).”

Agreement With National Academy of Sciences Regarding Toxic Drugs and Illnesses Associated With Gulf War

Pub. L. 105–277, div. C, title XVI, §1603–1605, Oct. 21, 1998, 112 Stat. 2681–745 to 2681–748, provided that:

“SEC. 1603. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES.

“(a) Purpose.—The purpose of this section is to provide for the National Academy of Sciences, an independent nonprofit scientific organization with appropriate expertise, to review and evaluate the available scientific evidence regarding associations between illnesses and exposure to toxic agents, environmental or wartime hazards, or preventive medicines or vaccines associated with Gulf War service.

“(b) Agreement.—The Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academy of Sciences for the Academy to perform the activities covered by this section. The Secretary shall seek to enter into the agreement not later than two months after the date of enactment of this Act [Oct. 21, 1998].

“(c) Identification of Agents and Illnesses.—(1) Under the agreement under subsection (b), the National Academy of Sciences shall—

“(A) identify the biological, chemical, or other toxic agents, environmental or wartime hazards, or preventive medicines or vaccines to which members of the Armed Forces who served in the Southwest Asia theater of operations during the Persian Gulf War may have been exposed by reason of such service; and

“(B) identify the illnesses (including diagnosed illnesses and undiagnosed illnesses) that are manifest in such members.

“(2) In identifying illnesses under paragraph (1)(B), the Academy shall review and summarize the relevant scientific evidence regarding illnesses among the members described in paragraph (1)(A) and among other appropriate populations of individuals, including mortality, symptoms, and adverse reproductive health outcomes among such members and individuals.

“(d) Initial Consideration of Specific Agents.—(1) In identifying under subsection (c) the agents, hazards, or preventive medicines or vaccines to which members of the Armed Forces may have been exposed for purposes of the first report under subsection (i), the National Academy of Sciences shall consider, within the first six months after the date of enactment of this Act [Oct. 21, 1998], the following:

“(A) The following organophosphorous pesticides:

“(i) Chlorpyrifos.

“(ii) Diazinon.

“(iii) Dichlorvos.

“(iv) Malathion.

“(B) The following carbamate pesticides:

“(i) Proxpur.

“(ii) Carbaryl.

“(iii) Methomyl.

“(C) The carbamate pyridostigmine bromide used as nerve agent prophylaxis.

“(D) The following chlorinated hydrocarbon and other pesticides and repellents:

“(i) Lindane.

“(ii) Pyrethrins.

“(iii) Permethrins.

“(iv) Rodenticides (bait).

“(v) Repellent (DEET).

“(E) The following low-level nerve agents and precursor compounds at exposure levels below those which produce immediately apparent incapacitating symptoms:

“(i) Sarin.

“(ii) Tabun.

“(F) The following synthetic chemical compounds:

“(i) Mustard agents at levels below those which cause immediate blistering.

“(ii) Volatile organic compounds.

“(iii) Hydrazine.

“(iv) Red fuming nitric acid.

“(v) Solvents.

“(vi) Uranium.

“(G) The following ionizing radiation:

“(i) Depleted uranium.

“(ii) Microwave radiation.

“(iii) Radio frequency radiation.

“(H) The following environmental particulates and pollutants:

“(i) Hydrogen sulfide.

“(ii) Oil fire byproducts.

“(iii) Diesel heater fumes.

“(iv) Sand micro-particles.

“(I) Diseases endemic to the region (including the following):

“(i) Leishmaniasis.

“(ii) Sandfly fever.

“(iii) Pathogenic escherechia coli.

“(iv) Shigellosis.

“(J) Time compressed administration of multiple live, ‘attenuated’, and toxoid vaccines.

“(2) The consideration of agents, hazards, and medicines and vaccines under paragraph (1) shall not preclude the Academy from identifying other agents, hazards, or medicines or vaccines to which members of the Armed Forces may have been exposed for purposes of any report under subsection (i).

“(3) Not later than six months after the date of enactment of this Act [Oct. 21, 1998], the Academy shall submit to the designated congressional committees a report specifying the agents, hazards, and medicines and vaccines considered under paragraph (1).

“(e) Determinations of Associations Between Agents and Illnesses.—(1) For each agent, hazard, or medicine or vaccine and illness identified under subsection (c), the National Academy of Sciences shall determine, to the extent that available scientific data permit meaningful determinations—

“(A) whether a statistical association exists between exposure to the agent, hazard, or medicine or vaccine and the illness, taking into account the strength of the scientific evidence and the appropriateness of the scientific methodology used to detect the association;

“(B) the increased risk of the illness among human or animal populations exposed to the agent, hazard, or medicine or vaccine; and

“(C) whether a plausible biological mechanism or other evidence of a causal relationship exists between exposure to the agent, hazard, or medicine or vaccine and the illness.

“(2) The Academy shall include in its reports under subsection (i) a full discussion of the scientific evidence and reasoning that led to its conclusions under this subsection.

“(f) Review of Potential Treatment Models for Certain Illnesses.—Under the agreement under subsection (b), the National Academy of Sciences shall separately review, for each chronic undiagnosed illness identified under subsection (c)(1)(B) and for any other chronic illness that the Academy determines to warrant such review, the available scientific data in order to identify empirically valid models of treatment for such illnesses which employ successful treatment modalities for populations with similar symptoms.

“(g) Recommendations for Additional Scientific Studies.—(1) Under the agreement under subsection (b), the National Academy of Sciences shall make any recommendations that it considers appropriate for additional scientific studies (including studies relating to treatment models) to resolve areas of continuing scientific uncertainty relating to the health consequences of exposure to toxic agents, environmental or wartime hazards, or preventive medicines or vaccines associated with Gulf War service.

“(2) In making recommendations for additional studies, the Academy shall consider the available scientific data, the value and relevance of the information that could result from such studies, and the cost and feasibility of carrying out such studies.

“(h) Subsequent Reviews.—(1) Under the agreement under subsection (b), the National Academy of Sciences shall conduct on a periodic and ongoing basis additional reviews of the evidence and data relating to its activities under this section.

“(2) As part of each review under this subsection, the Academy shall—

“(A) conduct as comprehensive a review as is practicable of the evidence referred to in subsection (c) and the data referred to in subsections (e), (f), and (g) that became available since the last review of such evidence and data under this section; and

“(B) make determinations under the subsections referred to in subparagraph (A) on the basis of the results of such review and all other reviews previously conducted for purposes of this section.

“(i) Reports.—(1) Under the agreement under subsection (b), the National Academy of Sciences shall submit to the committees and officials referred to in paragraph (5) periodic written reports regarding the Academy's activities under the agreement.

“(2) The first report under paragraph (1) shall be submitted not later than 18 months after the date of enactment of this Act [Oct. 21, 1998]. That report shall include—

“(A) the determinations and discussion referred to in subsection (e);

“(B) the results of the review of models of treatment under subsection (f); and

“(C) any recommendations of the Academy under subsection (g).

“(3) Reports shall be submitted under this subsection at least once every two years, as measured from the date of the report under paragraph (2).

“(4) In any report under this subsection (other than the report under paragraph (2)), the Academy may specify an absence of meaningful developments in the scientific or medical community with respect to the activities of the Academy under this section during the 2-year period ending on the date of such report.

“(5) Reports under this subsection shall be submitted to the following:

“(A) The designated congressional committees.

“(B) The Secretary of Veterans Affairs.

“(C) The Secretary of Defense.

“(j) 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 submits the first report under subsection (i).

“(k) Alternative Contract Scientific Organization.—(1) If the Secretary is unable within the time period set forth 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 purposes of this section with another appropriate scientific organization that is not part of the Government, operates as a not-for-profit entity, and has expertise and objectivity comparable to that of the National Academy of Sciences.

“(2) If the Secretary enters into an agreement with another organization under this subsection, any reference in this section and section 1118 of title 38, United States Code (as added by section 1602(a)), to the National Academy of Sciences shall be treated as a reference to such other organization.

“SEC. 1604. REPEAL OF INCONSISTENT PROVISIONS OF LAW.

“In the event of the enactment, before, on, or after the date of the enactment of this Act [Oct. 21, 1998], of section 101 of the Veterans Programs Enhancement Act of 1998 [Pub. L. 105–368, 112 Stat. 3317], or any similar provision of law enacted during the second session of the 105th Congress requiring an agreement with the National Academy of Sciences regarding an evaluation of health consequences of service in Southwest Asia during the Persian Gulf War, such section 101 (or other provision of law) shall be treated as if never enacted, and shall have no force or effect.

“SEC. 1605. DEFINITIONS.

“In this title:

“(1) The term ‘toxic agent, environmental or wartime hazard, or preventive medicine or vaccine associated with Gulf War service’ means a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine that is known or presumed to be associated with service in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War, whether such association arises as a result of single, repeated, or sustained exposure and whether such association arises through exposure singularly or in combination.

“(2) The term ‘designated congressional committees’ means the following:

“(A) The Committees on Veterans’ Affairs and Armed Services of the Senate.

“(B) The Committees on Veterans’ Affairs and National Security [now Armed Services] of the House of Representatives.

“(3) The term ‘Persian Gulf War’ has the meaning given that term in section 101(33) of title 38, United States Code.”

[Pub. L. 105–368, title I, §101, Nov. 11, 1998, 112 Stat. 3317, enacted provisions similar to those in sections 1603 and 1605 of Pub. L. 105–277, set out above. See section 1604 of Pub. L. 105–277, set out above.]

Persian Gulf War Veterans’ Benefits

Sections 102 to 105, 107, 109, and 110 of title I of Pub. L. 103–446, as amended by Pub. L. 104–262, title III, §352(a), Oct. 9, 1996, 110 Stat. 3210; Pub. L. 105–368, title I, §107, Nov. 11, 1998, 112 Stat. 3325, provided that:

“SEC. 102. FINDINGS.

“The Congress makes the following findings:

“(1) During the Persian Gulf War, members of the Armed Forces were exposed to numerous potentially toxic substances, including fumes and smoke from military operations, oil well fires, diesel exhaust, paints, pesticides, depleted uranium, infectious agents, investigational drugs and vaccines, and indigenous diseases, and were also given multiple immunizations. It is not known whether these servicemembers were exposed to chemical or biological warfare agents. However, threats of enemy use of chemical and biological warfare heightened the psychological stress associated with the military operation.

“(2) Significant numbers of veterans of the Persian Gulf War are suffering from illnesses, or are exhibiting symptoms of illness, that cannot now be diagnosed or clearly defined. As a result, many of these conditions or illnesses are not considered to be service connected under current law for purposes of benefits administered by the Department of Veterans Affairs.

“(3) The National Institutes of Health Technology Assessment Workshop on the Persian Gulf Experience and Health, held in April 1994, concluded that the complex biological, chemical, physical, and psychological environment of the Southwest Asia theater of operations produced complex adverse health effects in Persian Gulf War veterans and that no single disease entity or syndrome is apparent. Rather, it may be that the illnesses suffered by those veterans result from multiple illnesses with overlapping symptoms and causes that have yet to be defined.

“(4) That workshop concluded that the information concerning the range and intensity of exposure to toxic substances by military personnel in the Southwest Asia theater of operations is very limited and that such information was collected only after a considerable delay.

“(5) In response to concerns regarding the health-care needs of Persian Gulf War veterans, particularly those who suffer from illnesses or conditions for which no diagnosis has been made, the Congress, in Public Law 102–585 [see Short Title of 1992 Amendments note under section 101 of this title], directed the establishment of a Persian Gulf War Veterans Health Registry, authorized health examinations for veterans of the Persian Gulf War, and provided for the National Academy of Sciences to conduct a comprehensive review and assessment of information regarding the health consequences of military service in the Persian Gulf theater of operations and to develop recommendations on avenues for research regarding such health consequences. In Public Law 103–210 [see Tables for classification], the Congress authorized the Department of Veterans Affairs to provide health care services on a priority basis to Persian Gulf War veterans. The Congress also provided in Public Law 103–160 (the National Defense Authorization Act for Fiscal Year 1994) [see Tables for classification] for the establishment of a specialized environmental medical facility for the conduct of research into the possible health effects of exposure to low levels of hazardous chemicals, especially among Persian Gulf veterans, and for research into the possible health effects of battlefield exposure in such veterans to depleted uranium.

“(6) In response to concerns about the lack of objective research on Gulf War illnesses, Congress included research provisions in the National Defense Authorization Act for Fiscal Year 1995 [Pub. L. 103–337, see Tables for classification], which was passed by the House and Senate in September 1994. This legislation requires the Secretary of Defense to provide research grants to non-Federal researchers to support three types of studies of the Gulf War syndrome. The first type of study will be an epidemiological study or studies of the incidence, prevalence, and nature of the illness and symptoms and the risk factors associated with symptoms or illnesses. This will include illnesses among spouses and birth defects and illnesses among offspring born before and after the Gulf War. The second group of studies shall be conducted to determine the health consequences of the use of pyridostigmine bromide as a pretreatment antidote enhancer during the Persian Gulf War, alone or in combination with exposure to pesticides, environmental toxins, and other hazardous substances. The final group of studies shall include clinical research and other studies on the causes, possible transmission, and treatment of Gulf War syndrome, and will include studies of veterans and their spouses and children.

“(7) Further research and studies must be undertaken to determine the underlying causes of the illnesses suffered by Persian Gulf War veterans and, pending the outcome of such research, veterans who are seriously ill as the result of such illnesses should be given the benefit of the doubt and be provided compensation benefits to offset the impairment in earnings capacities they may be experiencing.

“SEC. 103. PURPOSES.

“The purposes of this title [see Short Title of 1994 Amendments note under section 101 of this title] are—

“(1) to provide compensation to Persian Gulf War veterans who suffer disabilities resulting from illnesses that cannot now be diagnosed or defined, and for which other causes cannot be identified;

“(2) to require the Secretary of Veterans Affairs to develop at the earliest possible date case assessment strategies and definitions or diagnoses of such illnesses;

“(3) to promote greater outreach to Persian Gulf War veterans and their families to inform them of ongoing research activities, as well as the services and benefits to which they are currently entitled; and

“(4) to ensure that research activities and accompanying surveys of Persian Gulf War veterans are appropriately funded and undertaken by the Department of Veterans Affairs.

“SEC. 104. DEVELOPMENT OF MEDICAL EVALUATION PROTOCOL.

“(a) Uniform Medical Evaluation Protocol.—(1) The Secretary of Veterans Affairs shall develop and implement a uniform and comprehensive medical evaluation protocol that will ensure appropriate medical assessment, diagnosis, and treatment of Persian Gulf War veterans who are suffering from illnesses the origins of which are (as of the date of the enactment of this Act [Nov. 2, 1994]) unknown and that may be attributable to service in the Southwest Asia theater of operations during the Persian Gulf War. The protocol shall include an evaluation of complaints relating to illnesses involving the reproductive system.

“(2) If such a protocol is not implemented before the end of the 120-day period beginning on the date of the enactment of this Act [Nov. 2, 1994], the Secretary shall, before the end of such period, submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report as to why such a protocol has not yet been developed.

“(3)(A) The Secretary shall ensure that the evaluation under the protocol developed under this section is available at all Department medical centers that have the capability of providing the medical assessment, diagnosis, and treatment required under the protocol.

“(B) The Secretary may enter into contracts with non-Department medical facilities for the provision of the evaluation under the protocol.

“(C) In the case of a veteran whose residence is distant from a medical center described in subparagraph (A), the Secretary may provide the evaluation through a Department medical center described in that subparagraph and, in such a case, may provide the veteran the travel and incidental expenses therefor pursuant to the provisions of section 111 of title 38, United States Code.

“(4)(A) If the Secretary is unable to diagnose the symptoms or illness of a veteran provided an evaluation, or if the symptoms or illness of a veteran do not respond to treatment provided by the Secretary, the Secretary may use the authority in section 1703 of title 38, United States Code, in order to provide for the veteran to receive diagnostic tests or treatment at a non-Department medical facility that may have the capability of diagnosing or treating the symptoms or illness of the veteran. The Secretary may provide the veteran the travel and incidental expenses therefor pursuant to the provisions of section 111 of title 38, United States Code.

“(B) The Secretary shall request from each non-Department medical facility that examines or treats a veteran under this paragraph such information relating to the diagnosis or treatment as the Secretary considers appropriate.

“(5) In each year after the implementation of the protocol, the Secretary shall enter into an agreement with the National Academy of Sciences under which agreement appropriate experts shall review the adequacy of the protocol and its implementation by the Department of Veterans Affairs.

“(b) Relationship to Other Comprehensive Clinical Evaluation Protocols.—The Secretary, in consultation with the Secretary of Defense, shall ensure that the information collected through the protocol described in this section is collected and maintained in a manner that permits the effective and efficient cross-reference of that information with information collected and maintained through the comprehensive clinical protocols of the Department of Defense for Persian Gulf War veterans.

“(c) Case Definitions and Diagnoses.—The Secretary shall develop case definitions or diagnoses for illnesses associated with the service described in subsection (a)(1). The Secretary shall develop such definitions or diagnoses at the earliest possible date.

“SEC. 105. OUTREACH TO PERSIAN GULF VETERANS.

“(a) In General.—The Secretary of Veterans Affairs shall implement a comprehensive outreach program to inform Persian Gulf War veterans and their families of the medical care and other benefits that may be provided by the Department of Veterans Affairs and the Department of Defense arising from service in the Persian Gulf War.

“(b) Newsletter.—(1) The outreach program shall include a newsletter which shall be updated and distributed at least semi-annually and shall be distributed to the veterans listed on the Persian Gulf War Veterans Health Registry. The newsletter shall include summaries of the status and findings of Government sponsored research on illnesses of Persian Gulf War veterans and their families, as well as on benefits available to such individuals through the Department of Veterans Affairs. The newsletter shall be prepared in consultation with veterans service organizations.

“(2) The requirement under this subsection for the distribution of the newsletter shall terminate on December 31, 1999.

“(c) Toll-Free Number.—The outreach program shall include establishment of a toll-free telephone number to provide Persian Gulf War veterans and their families information on the Persian Gulf War Veterans Health Registry, health care and other benefits provided by the Department of Veterans Affairs, and such other information as the Secretary considers appropriate. Such toll-free telephone number shall be established not later than 90 days after the date of the enactment of this Act [Nov. 2, 1994].

“SEC. 107. EVALUATION OF HEALTH STATUS OF SPOUSES AND CHILDREN OF PERSIAN GULF WAR VETERANS.

“(a) Evaluation Program.—Subject to subsection (c), the Secretary of Veterans Affairs shall conduct a program to evaluate the health status of spouses and children of Persian Gulf War veterans. Under the program, the Secretary shall provide for the conduct of diagnostic testing and appropriate medical examinations of any individual—

“(1) who is the spouse or child of a veteran who—

“(A) is listed in the Persian Gulf War Veterans Registry established under section 702 of Public Law 102–585 [set out in a note under section 527 of this title]; and

“(B) is suffering from an illness or disorder;

“(2) who is apparently suffering from, or may have suffered from, an illness or disorder (including a birth defect, miscarriage, or stillbirth) which cannot be disassociated from the veteran's service in the Southwest Asia theater of operations; and

“(3) who, in the case of a spouse, has granted the Secretary permission to include in the Registry relevant medical data (including a medical history and the results of diagnostic testing and medical examinations) and such other information as the Secretary considers relevant and appropriate with respect to such individual.

“(b) Duration of Program.—The program shall be carried out during the period beginning on November 1, 1994, and ending on December 31, 1999.

“(c) Funding Limitation.—The amount spent for the program under subsection (a) may not exceed $2,000,000.

“(d) Contracting.—The Secretary may provide for the conduct of testing and examinations under subsection (a) through appropriate contract arrangements, including fee arrangements described in section 1703 of title 38, United States Code.

“(e) Standard Protocols and Guidelines.—The Secretary shall seek to ensure uniform development of medical data through the development of standard protocols and guidelines for such testing and examinations. If such protocols and guidelines have not been adopted before the end of the 120-day period beginning on the date of the enactment of this Act [Nov. 2, 1994], the Secretary shall, before the end of such period, submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report as to why such protocols and guidelines have not yet been developed.

“(f) Entry of Results in Registry.—The results of diagnostic tests, medical histories, and medical examinations conducted under subsection (a) shall be entered into the Persian Gulf War Veterans Health Registry.

“(g) Outreach.—The Secretary shall conduct such outreach activities as the Secretary determines necessary for the purposes of the program. In conducting such outreach activities, the Secretary shall advise that medical treatment is not available under the program.

“(h) Use Outside Department of Standard Protocols and Guidelines.—The Secretary shall—

“(1) make the standard protocols and guidelines developed under this section available to any entity which requests a copy of such protocols and guidelines; and

“(2) enter into the registry the results of any examination of the spouse or child of a veteran who served in the Persian Gulf theater which a licensed physician certifies was conducted using those standard protocols and guidelines.

“(i) Report to Congress.—Not later than July 31, 1999, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on activities with respect to the program, including the provision of services under subsection (d).

“(j) Definitions.—For purposes of this section, the terms ‘child’ and ‘spouse’ have the meanings given those terms in paragraphs (4) and (31), respectively, of section 101 of title 38, United States Code.

“SEC. 109. SURVEY OF PERSIAN GULF VETERANS.

“(a) In General.—The Secretary of Veterans Affairs may carry out a survey of Persian Gulf veterans to gather information on the incidence and nature of health problems occurring in Persian Gulf veterans and their families.

“(b) Coordination With Department of Defense.—Any survey under subsection (a) shall be carried out in coordination with the Secretary of Defense.

“(c) Persian Gulf Veteran.—For purposes of this section, a Persian Gulf veteran is an individual who served on active duty in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War as defined in section 101(33) of title 38, United States Code.

“SEC. 110. AUTHORIZATION FOR EPIDEMIOLOGICAL STUDIES.

“(a) Study of Health Consequences of Persian Gulf Service.—If the National Academy of Sciences includes in the report required by section 706(b) of the Veterans Health Care Act of 1992 (Public Law 102–585) [set out in a note under section 527 of this title] a finding that there is a sound basis for an epidemiological study or studies on the health consequences of service in the Persian Gulf theater of operations during the Persian Gulf War and recommends the conduct of such a study or studies, the Secretary of Veterans Affairs is authorized to carry out such study.

“(b) Oversight.—(1) The Secretary shall seek to enter into an agreement with the Medical Follow-Up Agency (MFUA) of the Institute of Medicine of the National Academy of Sciences for (A) the review of proposals to conduct the research referred to in subsection (a), (B) oversight of such research, and (C) review of the research findings.

“(2) If the Secretary is unable to enter into an agreement under paragraph (1) with the entity specified in that paragraph, the Secretary shall enter into an agreement described in that paragraph with another appropriate scientific organization which does not have a connection to the Department of Veterans Affairs. In such a case, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives, at least 90 days before the date on which the agreement is entered into, notice in writing identifying the organization with which the Secretary intends to enter into the agreement.

“(c) Access to Data.—The Secretary shall enter into agreements with the Secretary of Defense and the Secretary of Health and Human Services to make available for the purposes of any study described in subsection (a) all data that the Secretary, in consultation with the National Academy of Sciences and the contractor for the study, considers relevant to the study.

“(d) Authorization.—There are authorized to be appropriated to the Department such sums as are necessary for the conduct of studies described in subsection (a).”

[Pub. L. 104–262, title III, §352(b), Oct. 9, 1996, 110 Stat. 3211, provided that: “Any diagnostic testing and medical examinations undertaken by the Secretary of Veterans Affairs for the purpose of the study required by subsection (a) of such section [section 107(a) of Pub. L. 103–446, set out above] during the period beginning on October 1, 1996, and ending on the date of the enactment of this Act [Oct. 9, 1996] is hereby ratified.”]

Report to Congress on Intention To Pay Compensation

Section 106(c) of Pub. L. 103–446 directed Secretary of Veterans Affairs, not later than 60 days after Nov. 2, 1994, to submit to Congress a report stating whether or not the Secretary intended to pay compensation as provided in this section.

Ex. Ord. No. 12961. Presidential Advisory Committee on Gulf War Veterans’ Illnesses

Ex. Ord. No. 12961, May 26, 1995, 60 F.R. 28507, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Establishment. (a) There is hereby established the Presidential Advisory Committee on Gulf War Veterans’ Illnesses (the “Committee”). The Committee shall be composed of not more than 12 members to be appointed by the President. The members of the Committee shall have expertise relevant to the functions of the Committee and shall not be full-time officials or employees of the executive branch of the Federal Government. The Committee shall be subject to the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

(b) The President shall designate a Chairperson from among the members of the Committee.

Sec. 2. Functions. (a) The Committee shall report to the President through the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Health and Human Services.

(b) The Committee shall provide advice and recommendations based on its review of the following matters:

(1) Research: epidemiological, clinical, and other research concerning Gulf War veterans’ illnesses.

(2) Coordinating Efforts: the activities of the Persian Gulf Veterans Coordinating Board, including the Research Coordinating Council, the Clinical Working Group, and the Disability and Compensation Working Group.

(3) Medical Treatment: medical examinations and treatment in connection with Gulf War veterans’ illnesses, including the Comprehensive Clinical Evaluation Program and the Persian Gulf Registry Medical Examination Program.

(4) Outreach: government-sponsored outreach efforts such as hotlines and newsletters related to Gulf War veterans’ illnesses.

(5) External Reviews: the steps taken to implement recommendations in external reviews by the Institute of Medicine's Committee to Review the Health Consequences of Service During the Persian Gulf War, the Defense Science Board Task Force on Persian Gulf War Health Effects, the National Institutes of Health Technology Assessment Workshop on the Persian Gulf Experience and Health, the Persian Gulf Expert Scientific Committee, and other bodies.

(6) Risk Factors: the possible risks associated with service in the Persian Gulf Conflict in general and, specifically, with prophylactic drugs and vaccines, infectious diseases, environmental chemicals, radiation and toxic substances, smoke from oil well fires, depleted uranium, physical and psychological stress, and other factors applicable to the Persian Gulf Conflict.

(7) Chemical and Biological Weapons: information related to reports of the possible detection of chemical or biological weapons during the Persian Gulf Conflict.

(c) It shall not be a function of the Committee to conduct scientific research. The Committee shall review information and provide advice and recommendations on the activities undertaken related to the matters described in (b) above.

(d) It shall not be a function of the Committee to provide advice or recommendations on any legal liability of the Federal Government for any claims or potential claims against the Federal Government.

(e) As used herein, “Gulf War Veterans’ Illnesses” means the symptoms and illnesses reported by United States uniformed services personnel who served in the Persian Gulf Conflict.

(f) The Committee shall submit an interim report within 6 months of the first meeting of the Committee and a final report by December 31, 1996, unless otherwise provided by the President.

Sec. 3. Administration. (a) The heads of executive departments and agencies shall, to the extent permitted by law, provide the Committee with such information as it may require for purposes of carrying out its functions.

(b) Members of the Committee shall be compensated in accordance with Federal law. Committee members may be allowed travel expenses, including per diem in lieu of subsistence, to the extent permitted by law for persons serving intermittently in the Government service (5 U.S.C. 5701–5707).

(c) To the extent permitted by law, and subject to the availability of appropriations, the Department of Defense shall provide the Committee with such funds as may be necessary for the performance of its functions.

Sec. 4. General Provisions. (a) Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act that are applicable to the Committee, except that of reporting annually to the Congress, shall be performed by the Secretary of Defense, in accordance with the guidelines and procedures established by the Administrator of General Services.

(b) The Committee shall terminate 30 days after submitting its final report.

(c) This order is intended only to improve the internal management of the executive branch and it is not intended to create any right, benefit or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any person.

William J. Clinton.      

Ex. Ord. No. 13034. Extension of Presidential Advisory Committee on Gulf War Veterans’ Illnesses

Ex. Ord. No. 13034, Jan. 30, 1997, 62 F.R. 5137, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Extension. The Presidential Advisory Committee on Gulf War Veterans’ Illnesses (the “Committee”), established pursuant to Executive Order 12961 [set out above] of May 26, 1995, is hereby extended for the purposes set forth herein. All provisions of that order relating to membership and administration shall remain in effect. All Committee appointments, as well as the President's designation of a Chairperson, shall remain in effect. The limitations set forth in section 2(c)–(e) and section 4(a) of Executive Order 12961 shall also remain in effect. The Committee shall remain subject to the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

Sec. 2. Functions. (a) The Committee shall report to the President through the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Health and Human Services.

(b) The Committee shall have two principal roles:

(1) Oversight of the ongoing investigation being conducted by the Department of Defense with the assistance, as appropriate, of other executive departments and agencies into possible chemical or biological warfare agent exposures during the Gulf War; and

(2) Evaluation of the Federal Government's plan for and progress towards the implementation of the Committee's recommendations contained in its Final Report submitted on December 31, 1996.

(c) The Committee shall provide advice and recommendations related to its oversight and evaluation responsibilities.

(d) The Committee may also provide additional advice and recommendations prompted by any new developments related to its original functions as set forth in section 2(b) of Executive Order 12961.

(e) The Committee shall submit by letter a status report by April 30, 1997, and a final supplemental report by October 31, 1997, unless otherwise directed by the President.

Sec. 3. General Provisions. (a) The Committee shall terminate 30 days after submitting its final supplemental report.

(b) This order is intended only to improve the internal management of the executive branch and it is not intended to create any right, benefit or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any person.

William J. Clinton.      

Section Referred to in Other Sections

This section is referred to in section 1113 of this title.

§1118. Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War

(a)(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service.

(2) An illness referred to in paragraph (1) is any diagnosed or undiagnosed illness that—

(A) the Secretary determines in regulations prescribed under this section to warrant a presumption of service connection by reason of having a positive association with exposure to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine known or presumed to be associated with service in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War; and

(B) becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty in that theater of operations during that war and by reason of such service was exposed to such agent, hazard, or medicine or vaccine.


(3) For purposes of this subsection, a veteran who served on active duty in the Southwest Asia theater of operations during the Persian Gulf War and has an illness described in paragraph (2) shall be presumed to have been exposed by reason of such service to the agent, hazard, or medicine or vaccine associated with the illness in the regulations prescribed under this section unless there is conclusive evidence to establish that the veteran was not exposed to the agent, hazard, or medicine or vaccine by reason of such service.

(b)(1)(A) Whenever the Secretary makes a determination described in subparagraph (B), the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for the illness covered by that determination for purposes of this section.

(B) A determination referred to in subparagraph (A) is a determination based on sound medical and scientific evidence that a positive association exists between—

(i) the exposure of humans or animals to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine known or presumed to be associated with service in the Southwest Asia theater of operations during the Persian Gulf War; and

(ii) the occurrence of a diagnosed or undiagnosed illness in humans or animals.


(2)(A) In making determinations for purposes of paragraph (1), the Secretary shall take into account—

(i) the reports submitted to the Secretary by the National Academy of Sciences under section 1603 of the Persian Gulf War Veterans Act of 1998; and

(ii) all other sound medical and scientific information and analyses available to the Secretary.


(B) In evaluating any report, information, or analysis for purposes 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 an illness in humans or animals and exposure to an agent, hazard, or medicine or vaccine shall be considered to be positive for purposes of this subsection if the credible evidence for the association is equal to or outweighs the credible evidence against the association.

(c)(1) Not later than 60 days after the date on which the Secretary receives a report from the National Academy of Sciences under section 1603 of the Persian Gulf War Veterans Act of 1998, the Secretary shall determine whether or not a presumption of service connection is warranted for each illness, if any, covered by the report.

(2) If the Secretary determines under this subsection that a presumption of service connection is warranted, the Secretary shall, not later than 60 days after making the determination, issue proposed regulations setting forth the Secretary's determination.

(3)(A) If the Secretary determines under this subsection that a presumption of service connection is not warranted, the Secretary shall, not later than 60 days after making the determination, publish in the Federal Register a notice of the determination. The notice shall include an explanation of the scientific basis for the determination.

(B) If an illness already presumed to be service connected under this section is subject to a determination under subparagraph (A), the Secretary shall, not later than 60 days after publication of the notice under that subparagraph, issue proposed regulations removing the presumption of service connection for the illness.

(4) 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 the presumption of service connection for an illness under this section is removed under subsection (c)—

(1) a veteran who was awarded compensation for the illness on the basis of the presumption before the effective date of the removal of the presumption 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 the illness on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that 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 submits to the Secretary the first report under section 1603 of the Persian Gulf War Veterans Act of 1998.

(Added Pub. L. 105–277, div. C, title XVI, §1602(a)(1), oct. 21, 1998, 112 Stat. 2681–742.)

References in Text

Section 1603 of the Persian Gulf War Veterans Act of 1998, referred to in subsecs. (b)(2)(A)(i), (c)(1), and (e), is section 1603 of Pub. L. 105–277, which is set out in a note under section 1117 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1113, 1117 of this title.

SUBCHAPTER III—WARTIME DEATH COMPENSATION

Subchapter Referred to in Other Sections

This subchapter is referred to in title 26 section 6334.

§1121. Basic entitlement

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.)

Amendments

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.

Effective Date of 1976 Amendment

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.

Effective Date of 1971 Amendment

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 Referred to in Other Sections

This section is referred to in section 5313 of this title.

§1122. Rates of wartime death compensation

(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.)

Amendments

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).

Effective Date of 1977 Amendment

Section 302 of Pub. L. 95–204 provided that: “The provisions of this Act [see Tables for classification] shall take effect January 1, 1978.”

Effective Date of 1976 Amendments

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.

Effective Date of 1975 Amendment

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.

Effective Date of 1974 Amendment

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.

Effective Date of 1971 Amendment

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.

Effective Date of 1970 Amendment

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.

Effective Date of 1969 Amendment

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 Referred to in Other Sections

This section is referred to in sections 1121, 1142 of this title.

SUBCHAPTER IV—PEACETIME DISABILITY COMPENSATION

Subchapter Referred to in Other Sections

This subchapter is referred to in title 26 section 6334.

§1131. Basic entitlement

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; Pub. L. 105–178, title VIII, §8202(b), June 9, 1998, 112 Stat. 492; Pub. L. 105–206, title IX, §9014(a), July 22, 1998, 112 Stat. 865.)

Amendments

1998—Pub. L. 105–178, which directed the substitution of “, abuse of alcohol or drugs, or use of tobacco products” for “or abuse of alcohol or drugs” before the period at end, was amended generally by Pub. L. 105–206, which provided that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made. See Effective Date of 1998 Amendment note below.

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”.

Effective Date of 1998 Amendment

Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1990 Amendment

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.

Construction of 1998 Amendment

Pub. L. 105–206, title IX, §9014(a), July 22, 1998, 112 Stat. 865, provided that section 8202 of Pub. L. 105–178 is amended generally and that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made.

Cross References

Naval Reserves and Marine Corps Reserve, disability and death benefits, see section 6148 of Title 10, Armed Forces.

Section Referred to in Other Sections

This section is referred to in sections 1132, 1133, 1134 of this title.

§1132. Presumption of sound condition

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.)

Amendments

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”.

Section Referred to in Other Sections

This section is referred to in section 1137 of this title.

§1133. Presumptions relating to certain diseases

(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.)

Amendments

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”.

Section Referred to in Other Sections

This section is referred to in section 1137 of this title.

§1134. Rates of peacetime disability compensation

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.)

Amendments

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.

Effective Date of 1972 Amendment

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.”

Section Referred to in Other Sections

This section is referred to in sections 1114, 1135, 1717 of this title.

§1135. Additional compensation for dependents

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.)

Amendments

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.

Effective Date of 1984 Amendment

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.”

Effective Date of 1972 Amendment

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.

[§1136. Vacant]

Codification

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.

§1137. Wartime presumptions for certain veterans

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.)

Amendments

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”.

Effective Date of 1974 Amendment

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.

SUBCHAPTER V—PEACETIME DEATH COMPENSATION

Subchapter Referred to in Other Sections

This subchapter is referred to in section 1137 of this title; title 26 section 6334.

§1141. Basic entitlement

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.)

Amendments

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.

Effective Date of 1976 Amendment

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.

Effective Date of 1971 Amendment

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 Referred to in Other Sections

This section is referred to in sections 1142, 5313 of this title.

§1142. Rates of peacetime death compensation

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.)

Amendments

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”.

Effective Date of 1974 Amendment

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.

[§1143. Vacant]

Codification

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.

SUBCHAPTER VI—GENERAL COMPENSATION PROVISIONS

Subchapter Referred to in Other Sections

This subchapter is referred to in title 26 section 6334.

§1151. Benefits for persons disabled by treatment or vocational rehabilitation

(a) Compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded for a qualifying additional disability or a qualifying death of a veteran in the same manner as if such additional disability or death were service-connected. For purposes of this section, a disability or death is a qualifying additional disability or qualifying death if the disability or death was not the result of the veteran's willful misconduct and—

(1) the disability or death was caused by hospital care, medical or surgical treatment, or examination furnished the veteran under any law administered by the Secretary, either by a Department employee or in a Department facility as defined in section 1701(3)(A) of this title, and the proximate cause of the disability or death was—

(A) carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department in furnishing the hospital care, medical or surgical treatment, or examination; or

(B) an event not reasonably foreseeable; or


(2) the disability or death was proximately caused by the provision of training and rehabilitation services by the Secretary (including by a service-provider used by the Secretary for such purpose under section 3115 of this title) as part of an approved rehabilitation program under chapter 31 of this title.


(b) 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 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 or death becomes final until the aggregate amount of benefits which would be paid but for this subsection 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; Pub. L. 104–204, title IV, §422(a), Sept. 26, 1996, 110 Stat. 2926.)

Amendments

1996—Subsec. (a). Pub. L. 104–204, §422(a)(1), added subsec. (a) and struck out former first sentence of section which read as follows: “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.”

Subsec. (b). Pub. L. 104–204, §422(a)(2), designated second sentence of section as subsec. (b), struck out “, aggravation,” after “disability” in two places, and substituted “this subsection equals the total amount” for “this sentence equals the total amount”.

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.

Effective Date of 1996 Amendment

Section 422(b), (c) of Pub. L. 104–204 provided that:

“(b)(1) The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1996.

“(2) Section 1151 of title 38, United States Code (as amended by subsection (a)), shall govern all administrative and judicial determinations of eligibility for benefits under such section that are made with respect to claims filed on or after the effective date set forth in paragraph (1) [Oct. 1, 1996], including those based on original applications and applications seeking to reopen, revise, reconsider, or otherwise readjudicate on any basis claims for benefits under such section 1151 or any provision of law that is a predecessor of such section.

“(c) Nothwithstanding [sic] subsection (b)(1), section 421(d) [set out as a note under section 1801 of this title], or any other provision of this Act [see Tables for classification], section 421 [enacting sections 1801 to 1806 of this title, amending section 5312 of this title, and enacting provisions set out as notes under section 1801 of this title] and this section [amending this section] shall not take effect until October 1, 1997, unless legislation other than this Act is enacted to provide for an earlier effective date.”

Effective Date of 1976 Amendment

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.

Effective Date of 1962 Amendment

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.

Section Referred to in Other Sections

This section is referred to in sections 1710, 5110, 5313 of this title.

§1152. Persons heretofore having a compensable status

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.)

Amendments

1991—Pub. L. 102–83 renumbered section 352 of this title as this section.

§1153. Aggravation

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.)

Amendments

1991—Pub. L. 102–83 renumbered section 353 of this title as this section.

§1154. Consideration to be accorded time, place, and circumstances of service

(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.)

References in Text

Section 5 of the Veterans’ Dioxin and Radiation Exposure Compensation Standards Act, referred to in subsec. (a), is set out below.

Amendments

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”.

Effective Date of 1976 Amendment

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.

Ionizing Radiation Registry

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 expose