-CITE-
38 USC TITLE 38 - VETERANS' BENEFITS 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
-HEAD-
TITLE 38 - VETERANS' BENEFITS
-MISC1-
THIS TITLE WAS ENACTED BY PUB. L. 85-857, SEC. 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 5100
V. Boards, Administrations, and Services 7101
VI. Acquisition and Disposition of Property 8101
AMENDMENTS
2002 - Pub. L. 107-330, title III, Sec. 308(g)(1)(B), Dec. 6,
2002, 116 Stat. 2828, substituted "5100" for "5101" in item for
part IV.
1991 - Pub. L. 102-83, Sec. 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, Secs. 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, Sec. 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 Title 38
Former Sections 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 Sec. 289
127-129 Rep.
130 T. 18 Sec. 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 Sec. 1553
693i T10 Sec. 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 Sec. 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, Rep.
VIII, IX
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 Title 38
Former Sections 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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-
CROSS REFERENCES
Pub. L. 85-857, Sec. 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."
-MISC2-
CONTINUING AVAILABILITY OF APPROPRIATIONS
Pub. L. 85-857, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 12, Sept. 2, 1958, 72 Stat. 1264, as amended
by Pub. L. 89-50, Sec. 1(c), June 24, 1965, 79 Stat. 173; Pub. L.
91-24, Sec. 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. L. 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, Sec. 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."
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 and
Certain Other Veterans 1802
19. Insurance 1901
20. Benefits for Homeless Veterans 2001
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
33. Post-9/11 Educational Assistance 3301.(!1)
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 5100
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
63. Outreach Activities 6301
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
75. Visual Impairment and Orientation and Mobility
Professionals Educational Assistance Program 7501
76. Health Professionals Educational Assistance Program 7601
77. Veterans Benefits Administration 7701
78. Veterans' Canteen Service 7801
79. Information Security Education Assistance Program 7901
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 (!2) 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
2010 - Pub. L. 111-163, title III, Sec. 302(b), May 5, 2010, 124
Stat. 1149, added item for chapter 75.
2008 - Pub. L. 110-252, title V, Sec. 5003(a)(2), June 30, 2008,
122 Stat. 2375, added item for chapter 33.
2006 - Pub. L. 109-461, title IX, Sec. 903(a)(2), Dec. 22, 2006,
120 Stat. 3464, added item for chapter 79.
Pub. L. 109-233, title IV, Sec. 402(d)(3), June 15, 2006, 120
Stat. 411, added item for chapter 63.
2003 - Pub. L. 108-183, title I, Sec. 102(e)(2), Dec. 16, 2003,
117 Stat. 2655, substituted "Benefits for Children of Vietnam
Veterans and Certain Other Veterans" for "Benefits for Children of
Vietnam Veterans" in item for chapter 18.
2002 - Pub. L. 107-330, title III, Sec. 308(g)(1)(A), Dec. 6,
2002, 116 Stat. 2828, substituted "5100" for "5101" in item for
chapter 51.
2001 - Pub. L. 107-95, Sec. 5(a)(2), Dec. 21, 2001, 115 Stat.
918, added item for chapter 20.
2000 - Pub. L. 106-419, title IV, Sec. 401(f)(2), Nov. 1, 2000,
114 Stat. 1861, substituted "Benefits for Children of Vietnam
Veterans" and "1802" for "Benefits for Children of Vietnam Veterans
Who Are Born With Spina Bifida" and "1801", respectively, in item
for chapter 18.
1998 - Pub. L. 105-368, title V, Sec. 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, Sec. 421(b)(2), Sept. 26, 1996,
110 Stat. 2926, added item for chapter 18.
1994 - Pub. L. 103-446, title XII, Sec. 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, Sec. 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, Sec. 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, Secs. 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, Sec. 14(e)(1), June 13, 1991, 105 Stat. 287,
inserted "United States" in item for chapter 72.
Pub. L. 102-40, title IV, Secs. 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, Sec. 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, Sec. 103(c)(1), title
III, Sec. 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, Sec. 216(e)(2), May 20, 1988, 102
Stat. 530, added item for chapter 76.
1984 - Pub. L. 98-525, title VII, Sec. 702(a)(2), Oct. 19, 1984,
98 Stat. 2563, added item for chapter 30.
1982 - Pub. L. 97-306, title III, Sec. 301(b)(2), Oct. 14, 1982,
96 Stat. 1437, substituted "2000" for "2001" in item for chapter
41.
Pub. L. 97-295, Sec. 4(1)(A), Oct. 12, 1982, 96 Stat. 1304,
substituted "1500" for "1,500" in item for chapter 31.
Pub. L. 97-295, Sec. 4(1)(B), Oct. 12, 1982, 96 Stat. 1304,
substituted "1651" for "1650" in item for chapter 34.
Pub. L. 97-295, Sec. 4(1)(C), Oct. 12, 1982, 96 Stat. 1304, added
item for chapter 82.
1981 - Pub. L. 97-72, title III, Sec. 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, Sec. 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, Sec. 203(a), Oct. 21, 1976, 90
Stat. 2856, inserted "Nursing Home," in item for chapter 17.
Pub. L. 94-502, title III, Sec. 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, Sec. 405, Oct. 15, 1976, 90 Stat. 2397,
added item for chapter 32.
1974 - Pub. L. 93-569, Sec. 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, Sec. 404(b), Dec. 3, 1974, 88 Stat.
1600, added item for chapter 43.
1973 - Pub. L. 93-43, Sec. 2(b), June 18, 1973, 87 Stat. 78,
added item for chapter 24.
1972 - Pub. L. 92-540, title V, Secs. 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, Sec. 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, Sec. 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, Secs. 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, Sec. 1(b), June 24, 1965, 79 Stat. 173,
struck out item for chapter 43 which related to mustering out
payments.
-FOOTNOTE-
(!1) So in original. The period probably should not appear.
(!2) So in original. Does not conform to chapter heading.
-End-
-CITE-
38 USC PART I - GENERAL PROVISIONS 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
-HEAD-
PART I - GENERAL PROVISIONS
-MISC1-
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, Sec. 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.
-End-
-CITE-
38 USC CHAPTER 1 - GENERAL 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
CHAPTER 1 - GENERAL
-MISC1-
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.
116. Reports to Congress: cost information.
117. Advance appropriations for certain medical care
accounts.
118. Submission of reports to Congress in electronic form.
AMENDMENTS
2010 - Pub. L. 111-275, title X, Sec. 1001(a), Oct. 13, 2010, 124
Stat. 2896, added item 118 and struck out former item 118 "Reports
to Congress: submission in electronic form".
Pub. L. 111-163, title X, Sec. 1003(b), May 5, 2010, 124 Stat.
1183, added items 117 and 118 and struck out former item 117
"Advance appropriations for certain medical care accounts".
2009 - Pub. L. 111-81, Sec. 3(b), Oct. 22, 2009, 123 Stat. 2138,
which directed addition of item 117 after item 113, was executed by
adding item 117 after item 116 to reflect the probable intent of
Congress.
2000 - Pub. L. 106-419, title IV, Sec. 403(d)(1)(B), Nov. 1,
2000, 114 Stat. 1864, added item 116.
1991 - Pub. L. 102-86, title IV, Sec. 402(b), Aug. 14, 1991, 105
Stat. 422, added item 115.
1989 - Pub. L. 101-237, title VI, Sec. 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, Sec. 108(e)(2), title IV, Sec.
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, Sec. 601(a)(2), title VII, Sec.
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, Sec. 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, Sec. 1(b), July 24, 1965, 79 Stat. 264,
added item 112.
1964 - Pub. L. 88-445, Sec. 1(c), Aug. 19, 1964, 78 Stat. 464,
substituted "Preservation of disability ratings" for "Preservation
of total disability ratings" in item 110.
-End-
-CITE-
38 USC Sec. 101 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 101. Definitions
-STATUTE-
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 (other than with respect to a child who is an
insurable dependent under subparagraph (B) or (C) of section
1965(10) of such chapter) and section 8502(b) of this title) 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 -
(A) active duty;
(B) 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
(C) any period of inactive duty training during which the
individual concerned was disabled or died -
(i) from an injury incurred or aggravated in line of duty; or
(ii) from an acute myocardial infarction, a cardiac arrest,
or a cerebrovascular accident occurring during such training.
(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 Homeland Security, 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 Navy 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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1106; Pub. L. 86-195, Aug.
25, 1959, 73 Stat. 424; Pub. L. 87-674, Sec. 1, Sept. 19, 1962, 76
Stat. 558; Pub. L. 87-815, Sec. 3, Oct. 15, 1962, 76 Stat. 927;
Pub. L. 88-450, Sec. 4(c), (d), Aug. 19, 1964, 78 Stat. 504; Pub.
L. 89-311, Sec. 2(c)(1), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 89-
358, Sec. 4(d), Mar. 3, 1966, 80 Stat. 24; Pub. L. 90-77, title
II, Sec. 201, Aug. 31, 1967, 81 Stat. 181; Pub. L. 91-24, Secs.
1(a), (b), 16, June 11, 1969, 83 Stat. 33, 35; Pub. L. 91-262, Sec.
1, May 21, 1970, 84 Stat. 256; Pub. L. 91-588, Sec. 9(a), (b), Dec.
24, 1970, 84 Stat. 1584; Pub. L. 91-621, Sec. 6(a)(1), (2), Dec.
31, 1970, 84 Stat. 1864; Pub. L. 92-198, Sec. 5(a), Dec. 15, 1971,
85 Stat. 664; Pub. L. 92-540, title IV, Sec. 407, Oct. 24, 1972, 86
Stat. 1092; Pub. L. 94-169, title I, Sec. 101(1), Dec. 23, 1975, 89
Stat. 1013; Pub. L. 94-417, Sec. 1(b), Sept. 21, 1976, 90 Stat.
1277; Pub. L. 95-126, Sec. 3, Oct. 8, 1977, 91 Stat. 1108; Pub. L.
95-202, title III, Sec. 309(a), Nov. 23, 1977, 91 Stat. 1446; Pub.
L. 95-588, title III, Sec. 301, Nov. 4, 1978, 92 Stat. 2506; Pub.
L. 96-22, title IV, Sec. 401, June 13, 1979, 93 Stat. 62; Pub. L.
97-37, Sec. 3(a), Aug. 14, 1981, 95 Stat. 936; Pub. L. 97-295, Sec.
4(2), (95)(A), Oct. 12, 1982, 96 Stat. 1304, 1313; Pub. L. 97-306,
title I, Sec. 113(a), Oct. 14, 1982, 96 Stat. 1432; Pub. L. 98-223,
title II, Sec. 201, Mar. 2, 1984, 98 Stat. 41; Pub. L. 99-576,
title VII, Sec. 702(1), Oct. 28, 1986, 100 Stat. 3301; Pub. L. 100-
322, title I, Sec. 103(a), title III, Sec. 311, May 20, 1988, 102
Stat. 493, 534; Pub. L. 100-456, div. A, title VI, Sec. 633(c),
Sept. 29, 1988, 102 Stat. 1987; Pub. L. 101-237, Sec. 2(a), Dec.
18, 1989, 103 Stat. 2062; Pub. L. 102-25, title III, Sec. 332, Apr.
6, 1991, 105 Stat. 88; Pub. L. 102-40, title IV, Sec. 402(d)(1),
May 7, 1991, 105 Stat. 239; Pub. L. 102-54, Sec. 14(a)(1), June 13,
1991, 105 Stat. 282; Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1),
(2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 103-446,
title XII, Sec. 1201(a)(1), Nov. 2, 1994, 108 Stat. 4682; Pub. L.
104-275, title V, Sec. 505(a), Oct. 9, 1996, 110 Stat. 3342; Pub.
L. 106-419, title III, Sec. 301(a), Nov. 1, 2000, 114 Stat. 1852;
Pub. L. 107-14, Sec. 4(a)(2), June 5, 2001, 115 Stat. 26; Pub. L.
107-296, title XVII, Sec. 1704(d), Nov. 25, 2002, 116 Stat. 2315;
Pub. L. 109-163, div. A, title V, Sec. 515(e)(1), Jan. 6, 2006, 119
Stat. 3236; Pub. L. 109-444, Sec. 8(b)(1), Dec. 21, 2006, 120 Stat.
3313; Pub. L. 109-461, title X, Secs. 1004(b)(1), 1006(b), Dec. 22,
2006, 120 Stat. 3466, 3468; Pub. L. 110-389, title IV, Sec. 402(b),
Oct. 10, 2008, 122 Stat. 4174.)
-REFTEXT-
REFERENCES IN TEXT
For definition of Canal Zone, referred to in par. (20), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
-MISC1-
AMENDMENTS
2008 - Par. (4)(A). Pub. L. 110-389 substituted "subparagraph (B)
or (C) of section 1965(10)" for "section 1965(10)(B)" in
introductory provisions.
2006 - Par. (25)(D). Pub. L. 109-461, Sec. 1006(b), provided that
as of the enactment of Pub. L. 109-461, the amendments made by Pub.
L. 109-444 were deemed for all purposes not to have taken effect
and that Pub. L. 109-444 ceased to be in effect. See Amendment
notes below and section 1006(b) of Pub. L. 109-461, set out as a
Coordination of Provisions With Pub. L. 109-444 note below.
Pub. L. 109-461, Sec. 1004(b)(1), made technical amendment to
directory language of Pub. L. 107-296, Sec. 1704(d). See 2002
Amendment note below.
Pub. L. 109-444, which made amendment identical to amendment by
Pub. L. 109-461, Sec. 1004(b)(1), was terminated by Pub. L. 109-
461, Sec. 1006(b). See Amendment notes above.
Par. (27)(B). Pub. L. 109-163 substituted "Navy Reserve" for
"Naval Reserve".
2002 - Par. (25)(D). Pub. L. 107-296, Sec. 1704(d), as amended by
Pub. L. 109-461, Sec. 1004(b)(1), substituted "of Homeland
Security" for "of Transportation".
2001 - Par. (4)(A). Pub. L. 107-14 inserted "(other than with
respect to a child who is an insurable dependent under section
1965(10)(B) of such chapter)" after "except for purposes of chapter
19 of this title" in introductory provisions.
2000 - Par. (24). Pub. L. 106-419 amended par. (24) generally.
Prior to amendment, par. (24) read as follows: "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."
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, Sec. 4(a)(3), (4), substituted
"Department" for "Veterans' Administration".
Par. (4)(A). Pub. L. 102-83, Sec. 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, Sec. 5(c)(1), substituted "3566"
for "1766" in introductory provisions.
Par. (11). Pub. L. 102-25, Sec. 332(1), inserted "the Persian
Gulf War," after "the Vietnam era,".
Pars. (13) to (15). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator".
Par. (20). Pub. L. 102-83, Sec. 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, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Par. (33). Pub. L. 102-25, Sec. 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, Sec. 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, Sec. 633(c)(2), added subpar. (C).
Par. (28). Pub. L. 100-322, Sec. 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, Sec. 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, Sec.
702(1)(A), inserted "Army" before "National Guard".
Par. (31). Pub. L. 99-576, Sec. 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, Sec. 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, Sec. 113(a)(1), struck out "and"
after "of law;".
Par. (22)(D), (E). Pub. L. 97-306, Sec. 113(a)(2), (3), added
subpar. (D) and redesignated former subpar. (D) as (E).
Par. (25)(E). Pub. L. 97-295, Sec. 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, Sec. 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, Sec. 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, Sec. 101(1)(C), substituted "before the
veteran's entry" for "before his entry".
Pars. (13) to (15). Pub. L. 94-169, Sec. 101(1)(D)-(F),
substituted "surviving spouse" for "widow" wherever appearing.
Par. (31). Pub. L. 94-169, Sec. 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, Sec. 9(a), inserted reference to the
Mexican border period.
Par. (21)(C). Pub. L. 91-621, Sec. 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, Sec. 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, Sec. 9(b), added par. (30).
1969 - Par. (3). Pub. L. 91-24, Sec. 16, substituted "September
16, 1962" for "enactment of the 1962 amendment to this paragraph".
Par. (23)(A). Pub. L. 91-24, Sec. 1(a), substituted "section 206
of title 37" for "section 301 of title 37".
Par. (25)(D). Pub. L. 91-24, Sec. 1(b), substituted "Secretary of
Transportation" for "Secretary of the Treasury".
1967 - Par. (11). Pub. L. 90-77, Sec. 201(a), included Vietnam
era within definition of "period of war" and substituted "the date"
for "a date".
Par. (29). Pub. L. 90-77, Sec. 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, Sec. 4(c), included within
"State home" a home which furnishes nursing home care for veterans
of any war.
Par. (28). Pub. L. 88-450, Sec. 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 2006 AMENDMENT
Pub. L. 109-461, title X, Sec. 1004(b), Dec. 22, 2006, 120 Stat.
3466, provided that the amendment made by section 1004(b) is
effective Nov. 25, 2002.
Pub. L. 109-444, Sec. 8(b), Dec. 21, 2006, 120 Stat. 3313, which
provided that the amendment made by section 8(b)(1) would be
effective Nov. 25, 2002, was repealed by Pub. L. 109-461, title X,
Sec. 1006(b), Dec. 22, 2006, 120 Stat. 3468, set out below.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of
Title 10, Armed Forces.
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107-14, Sec. 4(g), June 5, 2001, 115 Stat. 30, provided
that:
"(1) The amendments made by this section [amending this section
and sections 1965 and 1967 to 1970 of this title] shall take effect
on the first day of the first month that begins more than 120 days
after the date of the enactment of this Act [June 5, 2001].
"(2) Each Secretary concerned, acting in consultation with the
Secretary of Veterans Affairs, shall take such action as is
necessary to ensure that during the period between the date of the
enactment of this Act and the effective date determined under
paragraph (1) each eligible member -
"(A) is furnished an explanation of the insurance benefits
available for dependents under the amendments made by this
section; and
"(B) is afforded an opportunity before such effective date to
make elections that are authorized under those amendments to be
made with respect to dependents.
"(3) For purposes of paragraph (2):
"(A) The term 'Secretary concerned' has the meaning given that
term in section 101 of title 38, United States Code.
"(B) The term 'eligible member' means a member of the uniformed
services described in subparagraph (A) or (C) of section
1967(a)(1) of title 38, United States Code, as amended by
subsection (b)(1)."
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, Sec. 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 [Secs. 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 2011 AMENDMENT
Pub. L. 112-56, title II, Sec. 201, Nov. 21, 2011, 125 Stat. 712,
provided that: "This title [see Tables for classification] may be
cited as the 'VOW to Hire Heroes Act of 2011'."
Pub. L. 112-53, Sec. 1, Nov. 9, 2011, 125 Stat. 548, 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 2011'."
Pub. L. 112-37, Sec. 1(a), Oct. 5, 2011, 125 Stat. 392, provided
that: "This Act [amending sections 1703, 2013, 2021, 2031, 2033,
2041, 2044, 2061, 2066, 2102A, 3729, 5317, 5317A, 8104, and 8118 of
this title and section 653 of Title 42, The Public Health and
Welfare] may be cited as the 'Veterans Health Care Facilities
Capital Improvement Act of 2011'."
Pub. L. 112-26, Sec. 1, Aug. 3, 2011, 125 Stat. 268, provided
that: "This Act [amending section 3729 of this title and enacting
provisions set out as notes under sections 3313 and 3729 of this
title] may be cited as the 'Restoring GI Bill Fairness Act of
2011'."
Pub. L. 111-377, Sec. 1(a), Jan. 4, 2011, 124 Stat. 4106,
provided that: "This Act [enacting section 3315A of this title,
amending sections 3031, 3034, 3108, 3301, 3311, 3313, 3315, 3316,
3319, 3322, 3323, 3512, 3671 to 3673, 3675, 3679, 3680, 3681, 3684,
and 3689 of this title and section 2006 of Title 10, Armed Forces,
and enacting provisions set out as notes under sections 3031, 3034,
3108, 3301, 3311, 3313, 3315, 3315A, 3319, 3322, 3680, and 3684 of
this title and section 2006 of Title 10] may be cited as the 'Post-
9/11 Veterans Educational Assistance Improvements Act of 2010'."
SHORT TITLE OF 2010 AMENDMENT
Pub. L. 111-275, Sec. 1(a), Oct. 13, 2010, 124 Stat. 2864,
provided that: "This Act [enacting sections 2021A and 2108 of this
title and sections 597 to 597b of Title 50, Appendix, War and
National Defense, amending sections 107, 315, 503, 1114, 1311,
1318, 1503, 1521, 1541, 1542, 1717, 1785, 1922A, 1967, 1968, 1977,
1980, 1980A, 2021, 2044, 2106, 2301, 2303, 2306, 2402, 3120, 3313,
3316, 3318, 3319, 3321, 3485, 3512, 3684, 3692, 3729, 3732, 3733,
3901, 3902, 4102A, 4303, 4324, 5111, 5503, 5510, 5723, 5727, 7325,
7903, 8104, 8111A, 8117, and 8127 of this title, section 1316 of
Title 2, The Congress, section 416 of Title 3, The President, and
sections 527, 531 to 533, and 535 to 537 of Title 50, Appendix,
enacting provisions set out as notes under this section and
sections 107, 1114, 1318, 1503, 1521, 1922A, 1968, 1977, 1980,
1980A, 2106, 2303, 2400, 2402, 3120, 3317, 3485, 3732, 3901, 3902,
4102A, 4301, 4303, 5111, and 8127 of this title and section 2913 of
Title 29, Labor, and amending provisions set out as notes under
sections 1117, 1980A, and 5101 of this title] may be cited as the
'Veterans' Benefits Act of 2010'."
Pub. L. 111-275, title I, Sec. 104(a), Oct. 13, 2010, 124 Stat.
2867, provided that: "This section [amending section 8127 of this
title and enacting provisions set out as a note under section 8127
of this title] may be cited as the 'Veterans Small Business
Verification Act'."
Pub. L. 111-275, title V, Sec. 502(a), Oct. 13, 2010, 124 Stat.
2882, provided that: "This section [amending sections 107, 2301,
2306, and 2402 of this title and enacting provisions set out as
notes under sections 107 and 2402 of this title] may be cited as
the 'Corey Shea Act'."
Pub. L. 111-247, Sec. 1, Sept. 30, 2010, 124 Stat. 2623, 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 2010'."
Pub. L. 111-163, Sec. 1(a), May 5, 2010, 124 Stat. 1130, provided
that: "This Act [enacting chapter 75 and sections 118, 1720G,
1730A, 1786, 7311A, 7321A, 7459, and 7618 of this title, amending
sections 111, 542, 544, 902, 903, 1705, 1710, 1710E, 1712A, 1717,
1720, 1720D, 1729, 1781, 1782, 2012, 7306, 7311, 7332, 7361 to
7364, 7366, 7401, 7403 to 7405, 7410, 7431, 7451 to 7456, 7456A,
7612, 7618, and 7681 to 7683 of this title, renumbering sections
7364A and 7618 of this title as sections 7365 and 7619,
respectively, repealing sections 7365 and 8107 of this title,
enacting provisions set out as notes under sections 111, 523, 542,
1703, 1710, 1712, 1712A, 1717, 1720G, 7306, 7404, 7431, 7501, and
7681 of this title, and amending provisions set out as notes under
sections 527 and 1703 of this title] may be cited as the
'Caregivers and Veterans Omnibus Health Services Act of 2010'."
SHORT TITLE OF 2009 AMENDMENT
Pub. L. 111-81, Sec. 1, Oct. 22, 2009, 123 Stat. 2137, provided
that: "This Act [enacting section 117 of this title, amending
section 1105 of Title 31, Money and Finance, and enacting
provisions set out as a note under section 117 of this title] may
be cited as the 'Veterans Health Care Budget Reform and
Transparency Act of 2009'."
Pub. L. 111-37, Sec. 1, June 30, 2009, 123 Stat. 1927, provided
that: "This Act [amending sections 1114, 1115, 1162, 1311, and 1313
to 1315 of this title and 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 2009'."
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110-389, Sec. 1(a), Oct. 10, 2008, 122 Stat. 4145,
provided that: "This Act [enacting sections 321, 322, 521A, 532,
546, 1156, 3122, 4327, 4335, 5121A, 7288, and 7732A of this title
and section 535a of Title 50, Appendix, War and National Defense,
amending this section, sections 502, 544, 1112, 1161, 1922, 1965,
1967 to 1969, 1973, 2103, 2306, 3105, 3120, 3512, 3673, 3676, 3677,
3686, 3691, 3703, 3707, 3707A, 3710, 4103, 4110A, 4322 to 4324,
4332, 5103, 5317, 7253, 7257, 7268, 7285, 7296, 7731, and 8127 of
this title, section 3711 of Title 31, Money and Finance, and
section 527 of Title 50, Appendix, enacting provisions set out as
notes under sections 322, 521A, 1156, 1161, 1967 to 1969, 1973,
2306, 3703, 4332, 5101, 5103, 5121A, 5302A, and 7732A of this
title, and amending provisions set out as notes under section 5101
of this title and section 1212 of Title 10, Armed Forces] may be
cited as the 'Veterans' Benefits Improvement Act of 2008'."
Pub. L. 110-387, Sec. 1(a), Oct. 10, 2008, 122 Stat. 4110,
provided that: "This Act [enacting sections 1729B, 2044, 7330A, and
8119 of this title, amending sections 111, 542, 1701, 1703, 1708,
1710, 1710A, 1712A, 1725, 1728, 1729, 1782, 1803, 2013, 2022, 2023,
2043, 2065, 4110, 7314, 7320, 7321, 7325, 7328, 7402, 7458, 8104,
and 8117 of this title, repealing section 7368 of this title,
enacting provisions set out as notes under sections 111, 1701,
1703, 1712A, 1720A, 1803, 2044, 7311, and 8119 of this title,
amending provisions set out as notes under sections 1710B and 1712A
of this title, and repealing provisions set out as a note under
section 7333 of this title] may be cited as the 'Veterans' Mental
Health and Other Care Improvements Act of 2008'."
Pub. L. 110-324, Sec. 1, Sept. 24, 2008, 122 Stat. 3549, 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 Cost-of-Living Adjustment Act of 2008'."
Pub. L. 110-252, title I, Sec. 1303(d), June 30, 2008, 122 Stat.
2328, provided that: "This section [enacting section 5302A of this
title and provisions set out as notes under section 5302A of this
title] may be cited as the 'Combat Veterans Debt Elimination Act of
2008'."
Pub. L. 110-252, title V, Sec. 5001, June 30, 2008, 122 Stat.
2357, provided that: "This title [enacting chapter 33 of this title
and sections 16132a and 16163a of Title 10, Armed Forces, amending
sections 3015, 3020, 3033, 3485, 3674, 3688 to 3690, 3692, 3695,
3697, and 3697A of this title and sections 16133 and 16163 of Title
10, and enacting provisions set out as notes under sections 3015
and 3301 of this title and section 16163 of Title 10] may be cited
as the 'Post-9/11 Veterans Educational Assistance Act of 2008'."
SHORT TITLE OF 2007 AMENDMENT
Pub. L. 110-157, Sec. 1(a), Dec. 26, 2007, 121 Stat. 1831,
provided that: "This Act [enacting section 5317A of this title,
amending sections 1114, 1160, 2306, 2408, and 3485 of this title
and section 653 of Title 42, The Public Health and Welfare, and
enacting provisions set out as notes under sections 2306 and 2408
of this title] may be cited as the 'Dr. James Allen Veteran Vision
Equity Act of 2007'."
Pub. L. 110-111, Sec. 1, Nov. 5, 2007, 121 Stat. 1035, 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 2007'."
Pub. L. 110-110, Sec. 1, Nov. 5, 2007, 121 Stat. 1031, provided
that: "This Act [enacting section 1720F of this title and
provisions set out as a note under section 1720F of this title] may
be cited as the 'Joshua Omvig Veterans Suicide Prevention Act'."
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109-461, Sec. 1(a), Dec. 22, 2006, 120 Stat. 3403,
provided that: "This Act [see Tables for classification] may be
cited as the 'Veterans Benefits, Health Care, and Information
Technology Act of 2006'."
Pub. L. 109-461, title IX, Sec. 901, Dec. 22, 2006, 120 Stat.
3450, provided that: "This title [enacting subchapter III of
chapter 57 and chapter 79 of this title] may be cited as the
'Department of Veterans Affairs Information Security Enhancement
Act of 2006'."
Pub. L. 109-444, Sec. 1(a), Dec. 21, 2006, 120 Stat. 3304, which
provided that the Act (see Tables for classification) could be
cited as the "Veterans Programs Extension Act of 2006", was
repealed by Pub. L. 109-461, title X, Sec. 1006(b), Dec. 22, 2006,
120 Stat. 3468, set out below.
Pub. L. 109-361, Sec. 1, Oct. 16, 2006, 120 Stat. 2062, provided
that: "This Act [amending section 1311 of this title and 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 2006'."
Pub. L. 109-233, Sec. 1(a), June 15, 2006, 120 Stat. 397,
provided that: "This Act [see Tables for classification] may be
cited as the 'Veterans' Housing Opportunity and Benefits
Improvement Act of 2006'."
Pub. L. 109-228, Sec. 1, May 29, 2006, 120 Stat. 387, provided
that: "This Act [enacting section 2413 of this title, section 1387
of Title 18, Crimes and Criminal Procedure, and provisions set out
as a note under section 2413 of this title] may be cited as the
'Respect for America's Fallen Heroes Act'."
SHORT TITLE OF 2005 AMENDMENTS
Pub. L. 109-111, Sec. 1, Nov. 22, 2005, 119 Stat. 2362, 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 Cost-of-Living Adjustment Act of 2005'."
Pub. L. 109-80, Sec. 1, Sept. 30, 2005, 119 Stat. 2045, provided
that: "This Act [amending sections 1967, 1969, 1970, and 1977 of
this title and enacting and repealing provisions set out as notes
under section 1967 of this title] may be cited as the
'Servicemembers' Group Life Insurance Enhancement Act of 2005'."
SHORT TITLE OF 2004 AMENDMENTS
Pub. L. 108-454, Sec. 1(a), Dec. 10, 2004, 118 Stat. 3598,
provided that: "This Act [see Tables for classification] may be
cited as the 'Veterans Benefits Improvement Act of 2004'."
Pub. L. 108-454, title I, Sec. 101, Dec. 10, 2004, 118 Stat.
3600, provided that: "This title [amending sections 3011, 3012,
3032, 3232, 3452, 3501, 3512, 3532, 3672, 3675, 3677, 3684, 3687,
and 3694 of this title and enacting provisions set out as notes
under sections 3032, 3233, 3675, and 3687 of this title and section
16131 of Title 10, Armed Forces] may be cited as the 'Veterans Earn
and Learn Act of 2004'."
Pub. L. 108-445, Sec. 1, Dec. 3, 2004, 118 Stat. 2636, provided
that: "This Act [enacting section 7456A of this title, amending
sections 7404, 7431 to 7433, and 7452 of this title, omitting
sections 7434 to 7440 of this title, and enacting provisions set
out as notes under section 7431 of this title] may be cited as the
'Department of Veterans Affairs Health Care Personnel Enhancement
Act of 2004'."
Pub. L. 108-422, Sec. 1(a), Nov. 30, 2004, 118 Stat. 2379,
provided that: "This Act [enacting sections 1744, 7327, 7328, and
8118 of this title, amending sections 305, 1703, 1710B, 1720D,
1741, 2013, 7401, 7803, 8104, 8109, 8111, 8122, and 8164 to 8166 of
this title, repealing section 8116 of this title, enacting
provisions set out as notes under sections 1710B, 1744, 7327, 7328,
7451, 8110, and 8118 of this title, and amending provisions set out
as a note under section 1710B of this title] may be cited as the
'Veterans Health Programs Improvement Act of 2004'."
Pub. L. 108-363, Sec. 1, Oct. 25, 2004, 118 Stat. 1705, 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 2004'."
SHORT TITLE OF 2003 AMENDMENTS
Pub. L. 108-183, Sec. 1(a), Dec. 16, 2003, 117 Stat. 2651,
provided that: "This Act [enacting sections 1821, 4113, 5109B, and
7112 of this title and section 657f of Title 15, Commerce and
Trade, amending sections 103, 107, 315, 544, 1104, 1112, 1303,
1311, 1322, 1729A, 1804, 1811, 1831, 1834, 1917, 1952, 1974, 2101,
2102, 2303, 2307, 2402, 2408, 3015, 3452, 3462, 3471, 3485, 3512,
3532, 3534, 3542, 3564, 3675, 3687, 3692, 3702, 3729, 3732, 3733,
3902, 4102A, 5101, 5102, 5103, 5121, 5301, 5317, 5318, 6105, and
7723 of this title, repealing sections 3698 and 3699 of this title,
enacting provisions set out as notes under sections 103, 107, 1154,
1917, 2102, 2402, 3452, 3462, 3485, 3512, 3532, 3698, 3729, 4102A,
4113, 5101, 5102, 5103, 5121, 6105, and 7723 of this title,
amending provisions set out as a note under section 103 of this
title, and repealing provisions set out as a note under section
5101 of this title] may be cited as the 'Veterans Benefits Act of
2003'."
Pub. L. 108-170, Sec. 1(a), Dec. 6, 2003, 117 Stat. 2042,
provided that: "This Act [enacting sections 7307 and 7364A of this
title, amending sections 516, 1701, 1710, 1710A, 1712, 1718, 1720,
1722A, 1734, 2041, 2065, 7303, 7316, 7321, 7366, 7368, 7401 to
7405, 7409, 7421, 7454, 7802, 8104, 8107, 8121, 8153, and 8163 to
8165 of this title and section 1680f of Title 25, Indians, enacting
provisions set out as notes under sections 7316, 7401, 7454, and
8121 of this title and section 1680f of Title 25, and amending
provisions set out as notes under sections 1710B and 1712A of this
title] may be cited as the 'Veterans Health Care, Capital Asset,
and Business Improvement Act of 2003'."
Pub. L. 108-147, Sec. 1, Dec. 3, 2003, 117 Stat. 1885, 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 2003'."
SHORT TITLE OF 2002 AMENDMENTS
Pub. L. 107-330, Sec. 1(a), Dec. 6, 2002, 116 Stat. 2820,
provided that: "This Act [enacting section 3707A of this title,
amending sections 103, 107, 112, 1114, 1115, 1160, 1162, 1311,
1313, 1314, 1562, 1701, 1705, 1707, 1710, 1729B, 1781, 2106, 2301,
2306, 2411, 3011, 3014A, 3018C, 3031, 3035, 3103, 3485, 3512, 3674,
3689, 3703, 3734, 7261, 7292, and 7315 of this title, section 6103
of Title 26, Internal Revenue Code, and section 511 of Title 50,
Appendix, War and National Defense, enacting provisions set out as
notes under sections 103, 112, 1562, 2306, 2409, 3035, 3103, 3512,
3703, 3729, 7261, and 7292 of this title and section 2412 of Title
28, Judiciary and Judicial Procedure, and amending provisions set
out as notes under sections 2306 and 2400 of this title] may be
cited as the 'Veterans Benefits Act of 2002'."
Pub. L. 107-288, Sec. 1(a), Nov. 7, 2002, 116 Stat. 2033,
provided that: "This Act [enacting sections 4112 and 4215 of this
title, amending sections 3117, 4101 to 4104, 4106, 4107, 4109,
4211, 4212, and 4214 of this title, repealing section 4104A of this
title, and enacting provisions set out as notes under sections
4100, 4101, 4102, 4102A, 4103A, 4106, 4107, 4211, 4214, and 4215 of
this title] may be cited as the 'Jobs for Veterans Act'."
Pub. L. 107-287, Sec. 1, Nov. 7, 2002, 116 Stat. 2024, provided
that: "This Act [enacting sections 1785, 7325, 7326, and 8117 of
this title, amending sections 308 and 8111A of this title and
section 5315 of Title 5, Government Organization and Employees,
enacting provisions set out as notes under sections 7325 and 7326
of this title, and amending provisions set out as a note preceding
section 8117 of this title] may be cited as the 'Department of
Veterans Affairs Emergency Preparedness Act of 2002'."
Pub. L. 107-247, Sec. 1, Oct. 23, 2002, 116 Stat. 1517, 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 2002'."
Pub. L. 107-135, Sec. 1(a), Jan. 23, 2002, 115 Stat. 2446,
provided that: "This Act [enacting sections 1782 to 1784 and 7324
of this title, amending sections 103, 1701, 1705 to 1707, 1710,
1711, 1712A, 1714, 1729, 1729A, 1781, 7303, 7306, 7426, 7451, 7454,
7631, 7672, 7673, 7682, 7683, 8110 to 8111A, 8152, 8502, 8520, and
8521 of this title and sections 8415 and 8422 of Title 5,
Government Organization and Employees, renumbering section 1713 of
this title as section 1781 of this title, repealing sections 7676
and 7684 of this title, and enacting provisions set out as notes
under sections 1705, 1710, 7303, 7311, 7324, 7451, 7454, 7631, and
7682 of this title and section 8415 of Title 5] may be cited as the
'Department of Veterans Affairs Health Care Programs Enhancement
Act of 2001'."
SHORT TITLE OF 2001 AMENDMENTS
Pub. L. 107-103, Sec. 1(a), Dec. 27, 2001, 115 Stat. 976,
provided that: "This Act [see Tables for classification] may be
cited as the 'Veterans Education and Benefits Expansion Act of
2001'."
Pub. L. 107-95, Sec. 1(a), Dec. 21, 2001, 115 Stat. 903, provided
that: "This Act [enacting chapter 20 of this title, amending
sections 1706, 1720A, 2031, 2033, 2034, 2051, 2052, 4103A, 4104,
8122, and 8162 of this title and sections 1437f and 11312 of Title
42, The Public Health and Welfare, renumbering sections 1771 to
1774 of this title as sections 2031 to 2034 of this title,
respectively, section 3735 of this title as section 2041 of this
title, and sections 3772 to 3775 of this title as sections 2051 to
2054 of this title, respectively, repealing sections 3771 and 4111
of this title and section 11448 of Title 42, enacting provisions
set out as notes under sections 2001, 2061, and 8162 of this title,
and repealing provisions set out as notes under section 7721 of
this title] may be cited as the 'Homeless Veterans Comprehensive
Assistance Act of 2001'."
Pub. L. 107-94, Sec. 1(a), Dec. 21, 2001, 115 Stat. 900, 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 2001'."
Pub. L. 107-14, Sec. 1(a), June 5, 2001, 115 Stat. 25, provided
that: "This Act [see Tables for classification] may be cited as the
'Veterans' Survivor Benefits Improvements Act of 2001'."
SHORT TITLE OF 2000 AMENDMENTS
Pub. L. 106-475, Sec. 1, Nov. 9, 2000, 114 Stat. 2096, provided
that: "This Act [enacting sections 5100, 5102 to 5103A, and 5126 of
this title, amending sections 5106 and 5107 of this title,
repealing former sections 5102 and 5103 of this title, and enacting
provisions set out as a note under section 5107 of this title] may
be cited as the 'Veterans Claims Assistance Act of 2000'."
Pub. L. 106-419, Sec. 1(a), Nov. 1, 2000, 114 Stat. 1822,
provided that: "This Act [see Tables for classification] may be
cited as the 'Veterans Benefits and Health Care Improvement Act of
2000'."
Pub. L. 106-413, Sec. 1, Nov. 1, 2000, 114 Stat. 1798, 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 2000'."
SHORT TITLE OF 1999 AMENDMENTS
Pub. L. 106-118, Sec. 1(a), Nov. 30, 1999, 113 Stat. 1601,
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 Cost-of-Living Adjustment Act of 1999'."
Pub. L. 106-117, Sec. 1(a), Nov. 30, 1999, 113 Stat. 1545,
provided that: "This Act [see Tables for classification] may be
cited as the 'Veterans Millennium Health Care and Benefits Act'."
Pub. L. 106-117, title V, Sec. 501(a), Nov. 30, 1999, 113 Stat.
1573, provided that: "This section [amending section 1318 of this
title] may be cited as the 'John William Rolen Act'."
Pub. L. 106-117, title X, Sec. 1001, Nov. 30, 1999, 113 Stat.
1587, provided that: "This title [enacting sections 7257 and 7299
of this title, amending sections 7253, 7254, 7281, and 7296 to 7298
of this title, and enacting provisions set out as notes under
sections 7253 and 7296 of this title] may be cited as the 'Court of
Appeals for Veterans Claims Amendments of 1999'."
SHORT TITLE OF 1998 AMENDMENTS
Pub. L. 105-368, Sec. 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, Sec. 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, Sec. 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, Sec. 8201, June 9, 1998, 112 Stat.
492, provided that: "This subtitle [subtitle B (Secs. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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
(Secs. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 701, Oct. 19, 1984, 98 Stat.
2553, as amended by Pub. L. 100-48, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1(a), Aug. 26, 1980, 94 Stat. 1030, provided
that: "this Act [see Tables for classification] may be cited as the
'Veterans' Administration Health-Care Amendments of 1980'."
SHORT TITLE OF 1979 AMENDMENTS
Pub. L. 96-151, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1, June 30, 1976, 90 Stat. 720, 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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'."
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-MISC2-
COORDINATION OF PROVISIONS WITH PUB. L. 109-444
Pub. L. 109-461, title X, Sec. 1006(b), Dec. 22, 2006, 120 Stat.
3468, provided that: "If this Act is enacted after the enactment of
the Veterans Programs Extension Act of 2006 [Pub. L. 109-444,
approved Dec. 21, 2006], then as of the date of the enactment of
this Act [Dec. 22, 2006], the Veterans Programs Extension Act of
2006 [see Tables for classification] and the amendments made by
that Act shall be deemed for all purposes not to have taken effect
and the Veterans Programs Extension Act of 2006 and the amendments
made by that Act shall cease to be in effect."
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, Sec. 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 effective date for 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) and (25)(F) of this section and
section 5305 of this title, prior to repeal by Pub. L. 107-372,
title II, Sec. 271(3), Dec. 19, 2002, 116 Stat. 3094.
-EXEC-
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.
-CROSS-
SECRETARY AND DEPARTMENT DEFINED
Pub. L. 106-117, Sec. 3, Nov. 30, 1999, 113 Stat. 1547, provided
that: "For purposes of this Act [see Tables for classification] -
"(1) the term 'Secretary' means the Secretary of Veterans
Affairs; and
"(2) the term 'Department' means the Department of Veterans
Affairs."
DEFINITION OF ADMINISTRATOR FOR 1988 AMENDMENTS
Pub. L. 100-687, div. B, Sec. 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."
-End-
-CITE-
38 USC Sec. 102 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 102. Dependent parents
-STATUTE-
(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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 89-358, Sec.
4(e), (f), Mar. 3, 1966, 80 Stat. 24; Pub. L. 92-540, title IV,
Sec. 408, Oct. 24, 1972, 86 Stat. 1092; Pub. L. 94-432, title IV,
Sec. 402, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 99-576, title VII,
Sec. 701(1), Oct. 28, 1986, 100 Stat. 3289; Pub. L. 102-54, Sec.
14(a)(2), June 13, 1991, 105 Stat. 282; Pub. L. 102-83, Sec.
4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405.)
-MISC1-
AMENDMENTS
1991 - Subsecs. (a), (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator".
Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary shall" for "Administrator shall".
Pub. L. 102-83, Sec. 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, Sec. 701(1)(B), substituted "Dependent
parents" for "Dependent parents; husbands" in section catchline.
Subsec. (a). Pub. L. 99-576, Sec. 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, Sec. 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, Sec. 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, Sec. 408(2), substituted "Dependent
parents; husbands" for "Dependent parents and dependent husbands"
in section catchline.
Subsec. (b). Pub. L. 92-540, Sec. 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, Sec. 4(e), substituted
"Dependency" for "Except for the purposes of chapter 33 of this
title, dependency".
Subsec. (b). Pub. L. 89-358, Sec. 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.
-End-
-CITE-
38 USC Sec. 103 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 103. Special provisions relating to marriages
-STATUTE-
(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)(1) 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.
(2)(A) The remarriage of the surviving spouse of a veteran shall
not bar the furnishing of benefits specified in paragraph (5) to
such person as the surviving spouse of the veteran if the
remarriage has been terminated by death or divorce unless the
Secretary determines that the divorce was secured through fraud or
collusion.
(B) The remarriage after age 57 of the surviving spouse of a
veteran shall not bar the furnishing of benefits specified in
paragraph (5) to such person as the surviving spouse of the
veteran. Notwithstanding the previous sentence, the remarriage
after age 55 of the surviving spouse of a veteran shall not bar the
furnishing of benefits under section 1781 of this title to such
person as the surviving spouse of the veteran.
(3) If the surviving spouse of a veteran 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 in
the case of the benefits specified in paragraph (5).
(4) The first month of eligibility for benefits for a surviving
spouse by reason of paragraph (2)(A) or (3) shall be the month
after -
(A) the month of the termination of such remarriage, in the
case of a surviving spouse described in paragraph (2)(A); or
(B) the month of the cessation described in paragraph (3), in
the case of a surviving spouse described in that paragraph.
(5) Paragraphs (2)(A) and (3) apply with respect to benefits
under the following provisions of this title:
(A) Section 1311, relating to dependency and indemnity
compensation.
(B) Section 1781, relating to medical care for survivors and
dependents of certain veterans.
(C) Chapter 35, relating to educational assistance.
(D) Chapter 37, relating to housing loans.
(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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 87-674, Sec.
2, Sept. 19, 1962, 76 Stat. 558; Pub. L. 90-77, title I, Sec.
101(b), Aug. 31, 1967, 81 Stat. 178; Pub. L. 91-376, Sec. 4, Aug.
12, 1970, 84 Stat. 789; Pub. L. 93-527, Sec. 9(a), Dec. 21, 1974,
88 Stat. 1705; Pub. L. 99-576, title VII, Sec. 701(2), Oct. 28,
1986, 100 Stat. 3290; Pub. L. 101-508, title VIII, Sec. 8004(a),
Nov. 5, 1990, 104 Stat. 1388-343; Pub. L. 102-83, Sec. 4(a)(1),
(2)(A)(i), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405; Pub. L.
106-117, title V, Sec. 502(a), Nov. 30, 1999, 113 Stat. 1574; Pub.
L. 107-135, title II, Sec. 208(e)(1), Jan. 23, 2002, 115 Stat.
2463; Pub. L. 107-330, title I, Sec. 101(a), Dec. 6, 2002, 116
Stat. 2821; Pub. L. 108-183, title I, Sec. 101(a), title VII, Sec.
708(a)(1), Dec. 16, 2003, 117 Stat. 2652, 2673.)
-MISC1-
AMENDMENTS
2003 - Subsec. (d)(2)(B). Pub. L. 108-183, Sec. 101(a),
substituted "The remarriage after age 57 of the surviving spouse of
a veteran shall not bar the furnishing of benefits specified in
paragraph (5) to such person as the surviving spouse of the
veteran. Notwithstanding the previous sentence, the remarriage
after age 55" for "The remarriage after age 55".
Subsec. (d)(4). Pub. L. 108-183, Sec. 708(a)(1)(A)(i),
substituted "paragraph (2)(A) or (3)" for "this subsection" in
introductory provisions.
Subsec. (d)(4)(A). Pub. L. 108-183, Sec. 708(a)(1)(A)(ii),
substituted "paragraph (2)(A)" for "paragraph (2)".
Subsec. (d)(5). Pub. L. 108-183, Sec. 708(a)(1)(B), substituted
"Paragraphs (2)(A)" for "Paragraphs (2)" in introductory
provisions.
2002 - Subsec. (d)(2). Pub. L. 107-330 designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (d)(5)(B). Pub. L. 107-135 substituted "1781" for "1713".
1999 - Subsec. (d). Pub. L. 106-117 designated existing
provisions as par. (1) and added pars. (2) to (5).
1991 - Subsec. (a). Pub. L. 102-83, Sec. 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, Sec. 4(a)(1), substituted
"administered by the Secretary" for "administered by the Veterans'
Administration".
Subsecs. (d), (e). Pub. L. 102-83, Sec. 4(a)(2)(A)(i),
substituted "Secretary" for "Veterans' Administration".
1990 - Subsec. (d). Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 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, Sec. 701(2)(B), substituted
"surviving spouse" for "widow".
Subsec. (c). Pub. L. 99-576, Sec. 701(2)(C), substituted "person
is or was the spouse" for "woman is or was the wife".
Subsec. (d)(1). Pub. L. 99-576, Sec. 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, Sec. 701(2)(E), substituted
"surviving spouse" for "widow" wherever appearing, and "such
person" for "her".
Subsec. (d)(3). Pub. L. 99-576, Sec. 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 2003 AMENDMENT
Pub. L. 108-183, title I, Sec. 101(c), Dec. 16, 2003, 117 Stat.
2653, provided that: "The amendments made by subsections (a) and
(b) [amending this section and section 1311 of this title] shall
take effect on January 1, 2004."
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-330, title I, Sec. 101(c), Dec. 6, 2002, 116 Stat.
2821, provided that: "The amendments made by this section [amending
this section] shall take effect on the date that is 60 days after
the date of the enactment of this Act [Dec. 6, 2002]."
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106-117, title V, Sec. 502(c), Nov. 30, 1999, 113 Stat.
1574, provided that: "The amendments made by subsections (a) and
(b) [amending this section and section 1311 of this title] shall
take effect on the first day of the first month beginning after the
month in which this Act is enacted [November 1999]."
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.
RETROACTIVE BENEFITS PROHIBITED
Pub. L. 108-183, title I, Sec. 101(d), Dec. 16, 2003, 117 Stat.
2653, provided that: "No benefit may be paid to any person by
reason of the amendments made by subsections (a) and (b) [amending
this section and section 1311 of this title] for any period before
the effective date specified in subsection (c) [set out as an
Effective Date of 2003 Amendment note above]."
APPLICATION FOR BENEFITS
Pub. L. 108-183, title I, Sec. 101(e), Dec. 16, 2003, 117 Stat.
2653, provided that: "In the case of an individual who but for
having remarried would be eligible for benefits under title 38,
United States Code, by reason of the amendment made by subsection
(a) [amending this section] and whose remarriage was before the
date of the enactment of this Act [Dec. 16, 2003] and after the
individual had attained age 57, the individual shall be eligible
for such benefits by reason of such amendment only if the
individual submits an application for such benefits to the
Secretary of Veterans Affairs not later than the end of the one-
year period beginning on the date of the enactment of this Act."
Pub. L. 107-330, title I, Sec. 101(b), Dec. 6, 2002, 116 Stat.
2821, as amended by Pub. L. 108-183, title I, Sec. 101(f), Dec. 16,
2003, 117 Stat. 2653, provided that: "In the case of an individual
who but for having remarried would be eligible for medical care
under section 1781 of title 38, United States Code, and whose
remarriage was before the date of the enactment of this Act [Dec.
6, 2002] and after the individual had attained age 55, the
individual shall be eligible for such medical care by reason of the
amendments made by subsection (a) [amending this section] only if
an application for such medical care is received by the Secretary
of Veterans Affairs before the end of the one-year period beginning
on the date of the enactment of the Veterans Benefits Act of 2003
[Dec. 16, 2003]."
LIMITATION ON PAYMENTS
Pub. L. 106-117, title V, Sec. 502(d), Nov. 30, 1999, 113 Stat.
1574, provided that: "No payment may be made to a person by reason
of paragraphs (2) and (3) of section 103(d) of title 38, United
States Code, as added by subsection (a), for any period before the
effective date specified in subsection (c) [set out as an Effective
Date of 1999 Amendment note above]."
APPLICABILITY OF AMENDMENTS
Pub. L. 102-568, title I, Sec. 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, Sec. 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."
-End-
-CITE-
38 USC Sec. 104 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 104. Approval of educational institutions
-STATUTE-
(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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 91-24, Sec.
1(c), June 11, 1969, 83 Stat. 33; Pub. L. 99-576, title VII, Sec.
701(3), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 102-83, Sec.
4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
-MISC1-
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".
-End-
-CITE-
38 USC Sec. 105 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 105. Line of duty and misconduct
-STATUTE-
(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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 99-576,
title VII, Sec. 701(4), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 100-
689, title I, Sec. 109, Nov. 18, 1988, 102 Stat. 4170; Pub. L. 101-
508, title VIII, Sec. 8052(a)(1), Nov. 5, 1990, 104 Stat. 1388-
351; Pub. L. 102-83, Sec. 4(a)(1), Aug. 6, 1991, 105 Stat. 403.)
-MISC1-
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, Sec. 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, Sec. 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."
-End-
-CITE-
38 USC Sec. 106 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 106. Certain service deemed to be active service
-STATUTE-
(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)(1) For the purposes of this title, any individual -
(A) who, when authorized or required by competent authority,
assumes an obligation to perform active duty for training or
inactive duty training; and
(B) who is disabled or dies from an injury or covered disease
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
or covered disease was incurred.
(2) 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 or covered disease
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.
(3) 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.
(4) For purposes of this subsection, the term "covered disease"
means any of the following:
(A) Acute myocardial infarction.
(B) A cardiac arrest.
(C) A cerebrovascular accident.
(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.
(f) Service as a member of the Alaska Territorial Guard during
World War II of any individual who was honorably discharged
therefrom under section 8147 of the Department of Defense
Appropriations Act, 2001, shall be considered active duty for
purposes of all laws administered by the Secretary.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 87-102, Sec.
1, July 21, 1961, 75 Stat. 219; Pub. L. 88-616, Oct. 2, 1964, 78
Stat. 994; Pub. L. 89-311, Sec. 5, Oct. 31, 1965, 79 Stat. 1156;
Pub. L. 97-295, Sec. 4(3), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99-
576, title VII, Sec. 701(5), Oct. 28, 1986, 100 Stat. 3291; Pub.
L. 102-83, Sec. 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.
403-405; Pub. L. 106-259, title VIII, Sec. 8147(a), Aug. 9, 2000,
114 Stat. 705; Pub. L. 106-419, title III, Sec. 301(b), Nov. 1,
2000, 114 Stat. 1852.)
-REFTEXT-
REFERENCES IN TEXT
Section 8147 of the Department of Defense Appropriations Act,
2001, referred to in subsec. (f), is section 8147 of Pub. L. 106-
259, which amended this section and enacted provisions set out as
a note below.
-MISC1-
AMENDMENTS
2000 - Subsec. (d). Pub. L. 106-419 designated first sentence as
par. (1), redesignated former pars. (1) and (2) as subpars. (A) and
(B), respectively, of par. (1), and inserted "or covered disease"
after "injury" in subpar. (B) and in concluding provisions,
designated second sentence as par. (2) and inserted "or covered
disease" after "injury", designated third sentence as par. (3), and
added par. (4).
Subsec. (f). Pub. L. 106-259 added subsec. (f).
1991 - Subsec. (a)(1). Pub. L. 102-83, Sec. 4(a)(1), substituted
"administered by the Secretary" for "administered by the Veterans'
Administration".
Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in concluding provisions.
1986 - Subsec. (b)(2). Pub. L. 99-576, Sec. 701(5)(A),
substituted "the person's" for "his".
Subsec. (c). Pub. L. 99-576, Sec. 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, Sec. 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, Sec. 4(3)(A), substituted
"subchapter I of chapter 81 of title 5" for "the Federal Employees'
Compensation Act".
Subsec. (e). Pub. L. 97-295, Sec. 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]."
SERVICE IN ALASKA TERRITORIAL GUARD
Pub. L. 106-259, title VIII, Sec. 8147(b), (c), Aug. 9, 2000, 114
Stat. 705, provided that:
"(b) Discharge. - (1) The Secretary of Defense shall issue to
each individual who served as a member of the Alaska Territorial
Guard during World War II a discharge from such service under
honorable conditions if the Secretary determines that the nature
and duration of the service of the individual so warrants.
"(2) A discharge under paragraph (1) shall designate the date of
discharge. The date of discharge shall be the date, as determined
by the Secretary, of the termination of service of the individual
concerned as described in that paragraph.
"(c) Prohibition on Retroactive Benefits. - No benefits shall be
paid to any individual for any period before the date of the
enactment of this Act [Aug. 9, 2000] by reason of the enactment of
this section [amending this section and enacting this note]."
WOMEN'S AIR FORCES SERVICE PILOTS
Pub. L. 95-202, title IV, Sec. 401, Nov. 23, 1977, 91 Stat. 1449,
as amended by Pub. L. 96-466, title VIII, Sec. 801(m)(3), Oct. 17,
1980, 94 Stat. 2217; Pub. L. 98-94, title XII, Sec. 1263(a), Sept.
24, 1983, 97 Stat. 703; Pub. L. 102-83, Sec. 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.]
-End-
-CITE-
38 USC Sec. 107 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 107. Certain service deemed not to be active service
-STATUTE-
(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)), 23, and 24 (to
the extent provided for in section 2402(a)(8)) of this title.
Except as provided in subsection (c) or (d), 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, 13 (except section 1312(a)), 23, and 24 (to
the extent provided for in section 2402(a)(8)) of this title.
Except as provided in subsection (c) or (d), 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.
(c) In the case of benefits under subchapters II and IV of
chapter 11 of this title and subchapter II of chapter 13 (except
section 1312(a)) of this title paid by reason of service described
in subsection (a) or (b) to an individual residing in the United
States who is a citizen of, or an alien lawfully admitted for
permanent residence in, the United States, the second sentence of
the applicable subsection shall not apply.
(d)(1) With respect to benefits under chapter 23 of this title,
in the case of an individual described in paragraph (2), the second
sentence of subsection (a) or (b), as otherwise applicable, shall
not apply.
(2) Paragraph (1) applies to any individual whose service is
described in subsection (a) and who dies after November 1, 2000, or
whose service is described in subsection (b) and who dies after the
date of the enactment of the Veterans Benefits Act of 2003, if the
individual, on the individual's date of death -
(A) is a citizen of, or an alien lawfully admitted for
permanent residence in, the United States;
(B) is residing in the United States; and
(C) either -
(i) is receiving compensation under chapter 11 of this title;
or
(ii) if the individual's service had been deemed to be active
military, naval, or air service, would have been paid pension
under section 1521 of this title without denial or
discontinuance by reason of section 1522 of this title.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1111; Pub. L. 87-268, Sec.
1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 89-641, Sec. 2(a), Oct.
11, 1966, 80 Stat. 885; Pub. L. 97-295, Sec. 4(4), Oct. 12, 1982,
96 Stat. 1305; Pub. L. 99-576, title VII, Sec. 701(6), Oct. 28,
1986, 100 Stat. 3291; Pub. L. 102-83, Secs. 4(a)(1), 5(c)(1), Aug.
6, 1991, 105 Stat. 403, 406; Pub. L. 103-446, title V, Sec. 507(a),
Nov. 2, 1994, 108 Stat. 4664; Pub. L. 106-377, Sec. 1(a)(1) [title
V, Sec. 501(a)(1)], Oct. 27, 2000, 114 Stat. 1441, 1441A-57; Pub.
L. 106-419, title III, Secs. 331(b), 332(a), Nov. 1, 2000, 114
Stat. 1856; Pub. L. 107-14, Sec. 8(a)(1), June 5, 2001, 115 Stat.
34; Pub. L. 107-330, title III, Sec. 308(g)(2), Dec. 6, 2002, 116
Stat. 2828; Pub. L. 108-183, title II, Secs. 211(a), 212(a), Dec.
16, 2003, 117 Stat. 2657; Pub. L. 111-275, title V, Sec. 502(d)(1),
Oct. 13, 2010, 124 Stat. 2882.)
-REFTEXT-
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, Sec. 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.
The date of the enactment of the Veterans Benefits Act of 2003,
referred to in subsec. (d)(2), is the date of enactment of Pub. L.
108-183, which was approved Dec. 16, 2003.
-MISC1-
AMENDMENTS
2010 - Subsecs. (a)(3), (b)(2). Pub. L. 111-275 substituted
"section 2402(a)(8)" for "section 2402(8)".
2003 - Subsec. (b). Pub. L. 108-183, Sec. 212(a)(2), inserted "or
(d)" after "subsection (c)" in second sentence.
Pub. L. 108-183, Sec. 211(a)(1), substituted "Except as provided
in subsection (c), payments" for "Payments" in second sentence.
Subsec. (b)(2). Pub. L. 108-183, Sec. 212(a)(1), substituted a
comma for "and" after "chapters 11" and inserted ", 23, and 24 (to
the extent provided for in section 2402(8))" after "(except section
1312(a))".
Subsec. (c). Pub. L. 108-183, Sec. 211(a)(2), substituted "in
subsection (a) or (b)" for "in subsection (a)" and "of the
applicable subsection" for "of subsection (a)" and inserted "and
subchapter II of chapter 13 (except section 1312(a)) of this title"
after "chapter 11 of this title".
Subsec. (d)(1). Pub. L. 108-183, Sec. 212(a)(3), inserted "or
(b), as otherwise applicable," after "subsection (a)".
Subsec. (d)(2). Pub. L. 108-183, Sec. 212(a)(4), inserted "or
whose service is described in subsection (b) and who dies after the
date of the enactment of the Veterans Benefits Act of 2003," after
"November 1, 2000," in introductory provisions.
2002 - Subsec. (d)(2). Pub. L. 107-330 substituted "November 1,
2000," for "the date of the enactment of this subsection" in
introductory provisions.
2001 - Subsec. (a). Pub. L. 107-14, Sec. 8(a)(1)(A), inserted "or
(d)" after "subsection (c)" in concluding provisions.
Subsecs. (c), (d). Pub. L. 107-14, Sec. 8(a)(1)(B), (C),
redesignated subsec. (c) relating to the inapplicability of the
second sentence of subsec. (a) to an individual described in
paragraph (2) as (d) and substituted "With respect to benefits
under chapter 23 of this title, in" for "In" in par. (1).
2000 - Subsec. (a). Pub. L. 106-419, Sec. 332(a)(1), which
directed substitution of "Subject to subsection (c), payments" for
"Payments", could not be executed because "Payments" did not appear
subsequent to the amendment by Pub. L. 106-377, Sec. 1(a)(1) [title
V, Sec. 501(a)(1)(A)]. See below.
Pub. L. 106-377, Sec. 1(a)(1) [title V, Sec. 501(a)(1)(A)],
substituted "Except as provided in subsection (c), payments" for
"Payments" in concluding provisions.
Subsec. (a)(3). Pub. L. 106-419, Sec. 331(b), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: "chapters
11, 13 (except section 1312(a)), and 23 of this title."
Subsec. (c). Pub. L. 106-419, Sec. 332(a)(2), added subsec. (c)
relating to the inapplicability of the second sentence of subsec.
(a) to an individual described in paragraph (2).
Pub. L. 106-377, Sec. 1(a)(1) [title V, Sec. 501(a)(1)(B)], added
subsec. (c) relating to the inapplicability of the second sentence
of subsec. (a) to cases of benefits under subchapters II and IV of
chapter 11 of this title paid to United States citizens or to
permanent resident aliens.
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, Sec. 5(c)(1), substituted
"1312(a)" for "412(a)".
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1922" for
"722" in par. (1)(C) and "1312(a)" for "412(a)" in par. (2).
Pub. L. 102-83, Sec. 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 2010 AMENDMENT
Pub. L. 111-275, title V, Sec. 502(e), Oct. 13, 2010, 124 Stat.
2883, provided that: "The amendments made by this section [amending
this section and sections 2301, 2306, and 2402 of this title and
enacting provisions set out as notes under sections 101 and 2402 of
this title] shall apply with respect to the death, on or after the
date of the enactment of this Act [Oct. 13, 2010], of the parent of
a person described in paragraph (9)(B) of subsection (a) of section
2402 of title 38, United States Code, as added by subsection (b),
who dies on or after October 7, 2001."
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108-183, title II, Sec. 211(b), Dec. 16, 2003, 117 Stat.
2657, provided that: "The amendments made by subsection (a)
[amending this section] shall apply to benefits paid for months
beginning after the date of the enactment of this Act [Dec. 16,
2003]."
Pub. L. 108-183, title II, Sec. 212(c), Dec. 16, 2003, 117 Stat.
2658, provided that: "The amendments made by this section [amending
this section and section 2402 of this title] shall apply with
respect to deaths occurring on or after the date of the enactment
of this Act [Dec. 16, 2003]."
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107-14, Sec. 8(a)(1), June 5, 2001, 115 Stat. 34,
provided that the amendment made by section 8(a)(1) is effective
Nov. 1, 2000.
EFFECTIVE DATE OF 2000 AMENDMENTS
Pub. L. 106-419, title III, Sec. 331(c), Nov. 1, 2000, 114 Stat.
1856, provided that: "The amendments made by this section [amending
this section and section 2402 of this title] shall apply with
respect to deaths occurring on or after the date of the enactment
of this Act [Nov. 1, 2000]."
Pub. L. 106-419, title III, Sec. 332(b), Nov. 1, 2000, 114 Stat.
1856, provided that: "No benefits shall accrue to any person for
any period before the date of the enactment of this Act [Nov. 1,
2000] by reason of the amendments made by subsection (a) [amending
this section]."
Pub. L. 106-377, Sec. 1(a)(1) [title V, Sec. 501(a)(2)], Oct. 27,
2000, 114 Stat. 1441, 1441A-57, provided that: "The amendments made
by paragraph (1) [amending this section] shall take effect on the
date of the enactment of this Act [Oct. 27, 2000] and shall apply
to benefits paid for months beginning on or after that date."
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.
PAYMENTS TO ELIGIBLE PERSONS WHO SERVED IN THE UNITED STATES ARMED
FORCES IN THE FAR EAST DURING WORLD WAR II
Pub. L. 111-5, div. A, title X, Sec. 1002, Feb. 17, 2009, 123
Stat. 200, provided that:
"(a) Findings. - Congress makes the following findings:
"(1) The Philippine islands became a United States possession
in 1898 when they were ceded from Spain following the Spanish-
American War.
"(2) During World War II, Filipinos served in a variety of
units, some of which came under the direct control of the United
States Armed Forces.
"(3) The regular Philippine Scouts, the new Philippine Scouts,
the Guerrilla Services, and more than 100,000 members of the
Philippine Commonwealth Army were called into the service of the
United States Armed Forces of the Far East on July 26, 1941, by
an executive order of President Franklin D. Roosevelt.
"(4) Even after hostilities had ceased, wartime service of the
new Philippine Scouts continued as a matter of law until the end
of 1946, and the force gradually disbanded and was disestablished
in 1950.
"(5) Filipino veterans who were granted benefits prior to the
enactment of the so-called Rescissions Acts of 1946 (Public Laws
79-301 [60 Stat. 6] and 79-391 [60 Stat. 221]) currently receive
full benefits under laws administered by the Secretary of
Veterans Affairs, but under section 107 of title 38, United
States Code, the service of certain other Filipino veterans is
deemed not to be active service for purposes of such laws.
"(6) These other Filipino veterans only receive certain
benefits under title 38, United States Code, and, depending on
where they legally reside, are paid such benefit amounts at
reduced rates.
"(7) The benefits such veterans receive include service-
connected compensation benefits paid under chapter 11 of title
38, United States Code, dependency indemnity compensation
survivor benefits paid under chapter 13 of title 38, United
States Code, and burial benefits under chapters 23 and 24 of
title 38, United States Code, and such benefits are paid to
beneficiaries at the rate of $0.50 per dollar authorized, unless
they lawfully reside in the United States.
"(8) Dependents' educational assistance under chapter 35 of
title 38, United States Code, is also payable for the dependents
of such veterans at the rate of $0.50 per dollar authorized,
regardless of the veterans' residency.
"(b) Compensation Fund. -
"(1) In General. - There is in the general fund of the Treasury
a fund to be known as the 'Filipino Veterans Equity Compensation
Fund' (in this section referred to as the 'compensation fund').
"(2) Availability of Funds. - Subject to the availability of
appropriations for such purpose, amounts in the fund shall be
available to the Secretary of Veterans Affairs without fiscal
year limitation to make payments to eligible persons in
accordance with this section.
"(c) Payments. -
"(1) In General. - The Secretary may make a payment from the
compensation fund to an eligible person who, during the one-year
period beginning on the date of the enactment of this Act [Feb.
17, 2009], submits to the Secretary a claim for benefits under
this section. The application for the claim shall contain such
information and evidence as the Secretary may require.
"(2) Payment to Surviving Spouse. - If an eligible person who
has filed a claim for benefits under this section dies before
payment is made under this section, the payment under this
section shall be made instead to the surviving spouse, if any, of
the eligible person.
"(d) Eligible Persons. - An eligible person is any person who -
"(1) served -
"(A) 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; or
"(B) in the Philippine Scouts under section 14 of the Armed
Forces Voluntary Recruitment Act of 1945 (59 Stat. 538
[543])[enacting section 637 of former Title 10, Army and Air
Force]; and
"(2) was discharged or released from service described in
paragraph (1) under conditions other than dishonorable.
"(e) Payment Amounts. - Each payment under this section shall be -
"(1) in the case of an eligible person who is not a citizen of
the United States, in the amount of $9,000; and
"(2) in the case of an eligible person who is a citizen of the
United States, in the amount of $15,000.
"(f) Limitation. - The Secretary may not make more than one
payment under this section for each eligible person described in
subsection (d).
"(g) Clarification of Treatment of Payments Under Certain Laws. -
Amounts paid to a person under this section -
"(1) shall be treated for purposes of the internal revenue laws
of the United States as damages for human suffering; and
"(2) shall not be included in income or resources for purposes
of determining -
"(A) eligibility of an individual to receive benefits
described in section 3803(c)(2)(C) of title 31, United States
Code, or the amount of such benefits;
"(B) eligibility of an individual to receive benefits under
title VIII of the Social Security Act [42 U.S.C. 1001 et seq.],
or the amount of such benefits; or
"(C) eligibility of an individual for, or the amount of
benefits under, any other Federal or federally assisted
program.
"(h) Release. -
"(1) In General. - Except as provided in paragraph (2), the
acceptance by an eligible person or surviving spouse, as
applicable, of a payment under this section shall be final, and
shall constitute a complete release of any claim against the
United States by reason of any service described in subsection
(d).
"(2) Payment of Prior Eligibility Status. - Nothing in this
section shall prohibit a person from receiving any benefit
(including health care, survivor, or burial benefits) which the
person would have been eligible to receive based on laws in
effect as of the day before the date of the enactment of this Act
[Feb. 17, 2009].
"(i) Recognition of Service. - The service of a person as
described in subsection (d) is hereby recognized as active military
service in the Armed Forces for purposes of, and to the extent
provided in, this section.
"(j) Administration. -
"(1) The Secretary shall promptly issue application forms and
instructions to ensure the prompt and efficient administration of
the provisions of this section.
"(2) The Secretary shall administer the provisions of this
section in a manner consistent with applicable provisions of
title 38, United States Code, and other provisions of law, and
shall apply the definitions in section 101 of such title in the
administration of such provisions, except to the extent otherwise
provided in this section.
"(k) Reports. - The Secretary shall include, in documents
submitted to Congress by the Secretary in support of the
President's budget for each fiscal year, detailed information on
the operation of the compensation fund, including the number of
applicants, the number of eligible persons receiving benefits, the
amounts paid out of the compensation fund, and the administration
of the compensation fund for the most recent fiscal year for which
such data is available.
"(l) Authorization of Appropriation. - There is authorized to be
appropriated to the compensation fund $198,000,000, to remain
available until expended, to make payments under this section."
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.
-End-
-CITE-
38 USC Sec. 108 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 108. Seven-year absence presumption of death
-STATUTE-
(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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 99-576,
title VII, Sec. 701(7), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102-
83, Secs. 4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105
Stat. 403-406.)
-MISC1-
AMENDMENTS
1991 - Subsec. (a). Pub. L. 102-83, Sec. 4(a)(1), substituted
"administered by the Secretary" for "administered by the Veterans'
Administration".
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1984" for
"784".
Pub. L. 102-83, Sec. 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.
-End-
-CITE-
38 USC Sec. 109 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 109. Benefits for discharged members of allied forces
-STATUTE-
(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.
-SOURCE-
(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, Sec. 701(8),
Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102-83, Sec. 4(a)(3), (4),
(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
-MISC1-
AMENDMENTS
1991 - Subsec. (a)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator" wherever appearing.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
Subsec. (a)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Subsec. (a)(3). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
"Department" for "Veterans' Administration" in two places.
Subsec. (c)(2). Pub. L. 102-83, Sec. 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).
-End-
-CITE-
38 USC Sec. 110 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 110. Preservation of disability ratings
-STATUTE-
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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 87-825, Sec.
6, Oct. 15, 1962, 76 Stat. 950; Pub. L. 88-445, Sec. 1(a), (b),
Aug. 19, 1964, 78 Stat. 464; Pub. L. 91-32, June 23, 1969, 83 Stat.
38; Pub. L. 102-83, Sec. 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105
Stat. 403-405.)
-MISC1-
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."
-End-
-CITE-
38 USC Sec. 111 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 111. Payments or allowances for beneficiary travel
-STATUTE-
(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 (at a rate of 41.5
cents per mile), 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. Actual necessary expense of travel includes the reasonable
costs of airfare if travel by air is the only practical way to
reach a Department facility. 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) (!1) 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) who is not traveling by air and 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) In the case of transportation of a person under subparagraph
(B) by ambulance, the Secretary may pay the provider of the
transportation the lesser of the actual charge for the
transportation or the amount determined by the fee schedule
established under section 1834(l) of the Social Security Act (42
U.S.C. 1395(l)) (!2) unless the Secretary has entered into a
contract for that transportation with the provider.
(4) In determining for purposes of subsection (a) whether travel
by air is the only practical way for a veteran to reach a
Department facility, the Secretary shall consider the medical
condition of the veteran and any other impediments to the use of
ground transportation by the veteran.
(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 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.
(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)(1) Except as provided in paragraph (2), 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.
(2)(A) Without regard to whether an eligible veteran entitled to
mileage under this section for travel to a Department facility for
the purpose of medical examination, treatment, or care requires an
attendant in order to perform such travel, an attendant of such
veteran described in subparagraph (B) may be allowed expenses of
travel (including lodging and subsistence) upon the same basis as
such veteran during -
(i) the period of time in which such veteran is traveling to
and from a Department facility for the purpose of medical
examination, treatment, or care; and
(ii) the duration of the medical examination, treatment, or
care episode for such veteran.
(B) An attendant of a veteran described in this subparagraph is a
provider of personal care services for such veteran who is approved
under paragraph (6) of section 1720G(a) of this title or designated
under paragraph (7) of such section 1720G(a).
(C) The Secretary may prescribe regulations to carry out this
paragraph. Such regulations may include provisions -
(i) to limit the number of attendants that may receive expenses
of travel under this paragraph for a single medical examination,
treatment, or care episode of an eligible veteran; and
(ii) to require such attendants to use certain travel services.
(D) In this subsection, the term "eligible veteran" has the
meaning given that term in section 1720G(a)(2) of this title.
(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) Beginning one year after the date of the enactment of the
Caregivers and Veterans Omnibus Health Services Act of 2010, the
Secretary may adjust the mileage rate described in subsection (a)
to be equal to the mileage reimbursement rate for the use of
privately owned vehicles by Government employees on official
business (when a Government vehicle is available), as prescribed by
the Administrator of General Services under section 5707(b) of
title 5.
(2) If an adjustment in the mileage rate under paragraph (1)
results in a lower mileage rate than the mileage rate otherwise
specified in subsection (a), the Secretary shall, not later than 60
days before the date of the implementation of the mileage rate as
so adjusted, submit to Congress a written report setting forth the
adjustment in the mileage rate under this subsection, together with
a justification for the decision to make the adjustment in the
mileage rate under this subsection.
(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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 86-590, July
5, 1960, 74 Stat. 329; Pub. L. 89-358, Sec. 4(g), Mar. 3, 1966, 80
Stat. 24; Pub. L. 89-455, June 18, 1966, 80 Stat. 208; Pub. L. 94-
581, title I, Sec. 101, Oct. 21, 1976, 90 Stat. 2842; Pub. L. 96-
151, title II, Sec. 201(a), Dec. 20, 1979, 93 Stat. 1093; Pub. L.
97-295, Sec. 4(5), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 100-322,
title I, Sec. 108(a), (b)(1), (c)-(e)(1), May 20, 1988, 102 Stat.
496-498; Pub. L. 102-83, Secs. 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, Sec. 1201(e)(1), Nov. 2, 1994, 108 Stat. 4685; Pub. L. 110-
387, title IV, Sec. 401(a)(1), (b), Oct. 10, 2008, 122 Stat. 4122;
Pub. L. 111-163, title I, Sec. 104, title III, Sec. 305(a)-(d), May
5, 2010, 124 Stat. 1140, 1151, 1152; Pub. L. 112-56, title II, Sec.
263, Nov. 21, 2011, 125 Stat. 732.)
-REFTEXT-
REFERENCES IN TEXT
Subsection (g)(2) of this section, referred to in subsec. (b)(1),
was amended generally by section 305(a)(2) of Pub. L. 111-163 and,
as so amended, no longer contains subpars.
The date of the enactment of the Caregivers and Veterans Omnibus
Health Services Act of 2010, referred to in subsec. (g)(1), is the
date of enactment of Pub. L. 111-163, which was approved May 5,
2010.
-MISC1-
AMENDMENTS
2011 - Subsec. (b)(3)(C). Pub. L. 112-56 added subpar. (C).
2010 - Subsec. (a). Pub. L. 111-163, Sec. 305(a)(1), (b),
substituted "(at a rate of 41.5 cents per mile)," for "traveled,"
and inserted before last sentence "Actual necessary expense of
travel includes the reasonable costs of airfare if travel by air is
the only practical way to reach a Department facility."
Subsec. (b)(1)(D)(i). Pub. L. 111-163, Sec. 305(c), inserted "who
is not traveling by air and" before "whose annual".
Subsec. (b)(4). Pub. L. 111-163, Sec. 305(d), added par. (4).
Subsec. (e). Pub. L. 111-163, Sec. 104, designated existing
provisions as par. (1), substituted "Except as provided in
paragraph (2), when" for "When", and added par. (2).
Subsec. (g). Pub. L. 111-163, Sec. 305(a)(2), amended subsec. (g)
generally. Prior to amendment, subsec. (g) related to use of
mileage reimbursement rate for use of privately owned vehicles by
Government employees on official business to determine amount of
allowances or reimbursement to be paid under this section and
limitations.
2008 - Subsec. (c)(2). Pub. L. 110-387, Sec. 401(a)(1)(B), struck
out ", except as provided in paragraph (5) of this subsection,"
after "shall not".
Subsec. (c)(5). Pub. L. 110-387, Sec. 401(a)(1)(A), struck out
par. (5) which read as follows: "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."
Subsec. (g)(1). Pub. L. 110-387, Sec. 401(b)(1), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: "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."
Subsec. (g)(3). Pub. L. 110-387, Sec. 401(b)(2), (3), added par.
(3) and struck out former par. (3) which related to the Secretary's
review and analysis of factors in conducting investigations and
determining rates of mileage allowance or reimbursement.
Subsec. (g)(4). Pub. L. 110-387, Sec. 401(b)(2), struck out par.
(4) which read as follows: "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."
1994 - Subsec. (b)(3)(B). Pub. L. 103-446 substituted "a
Department facility" for "the Department facility".
1991 - Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator" in two places.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" wherever appearing.
Subsec. (b)(1)(C), (D). Pub. L. 102-83, Sec. 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, Sec. 4(a)(3), (4),
substituted "Department" for "Veterans' Administration".
Subsec. (b)(3)(B). Pub. L. 102-83, Sec. 4(a)(6), substituted
"Department facility" for "Veteran's Administration facility".
Subsec. (c)(1), (2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator" wherever appearing.
Subsec. (c)(3). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
"Department" for "Veterans' Administration".
Subsec. (c)(4), (5). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator" wherever appearing.
Subsec. (e). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
"Department" for "Veterans' Administration".
Subsec. (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
Subsec. (g)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for first and third references to "Administrator".
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
Subsec. (g)(2)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted
"1521" for "521" in two places and "1503" for "503".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Subsec. (g)(3), (4). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator" wherever appearing.
Subsec. (h). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for first reference to "Administrator".
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" wherever appearing.
1988 - Pub. L. 100-322, Sec. 108(e)(1), substituted "Payments or
allowances for beneficiary travel" for "Travel expenses" in section
catchline.
Subsecs. (b), (c). Pub. L. 100-322, Sec. 108(a)(2), added
subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d)
and (e), respectively.
Subsec. (d). Pub. L. 100-322, Sec. 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, Sec. 108(a)(1), redesignated
subsecs. (c) and (d) as (e) and (f), respectively. Former subsec.
(e) redesignated (g).
Subsec. (g). Pub. L. 100-322, Sec. 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, Sec. 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, Sec. 101(1), inserted
"pursuant to the provisions of this section" after "President".
Subsec. (e). Pub. L. 94-581, Sec. 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 2008 AMENDMENT
Pub. L. 110-387, title IV, Sec. 401(d), Oct. 10, 2008, 122 Stat.
4123, provided that: "The amendments made by this section [amending
this section] shall apply with respect to travel expenses incurred
after the expiration of the 90-day period that begins on the date
of the enactment of this Act [Oct. 10, 2008]."
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]."
CONSTRUCTION OF 2010 AMENDMENT
Pub. L. 111-163, title III, Sec. 305(e), May 5, 2010, 124 Stat.
1152, provided that: "The amendments made by subsections (b) and
(d) of this section [amending this section] may not be construed as
expanding or otherwise modifying eligibility for payments or
allowances for beneficiary travel under section 111 of title 38,
United States Code, as in effect on the day before the date of the
enactment of this Act [May 5, 2010]."
CLARIFICATION OF RELATION TO PUBLIC TRANSPORTATION IN VETERANS
HEALTH ADMINISTRATION HANDBOOK
Pub. L. 111-163, title III, Sec. 305(f), May 5, 2010, 124 Stat.
1152, provided that: "Not later than 30 days after the date of the
enactment of this Act [May 5, 2010], the Secretary of Veterans
Affairs shall revise the Veterans Health Administration Handbook to
clarify that an allowance for travel based on mileage paid under
section 111(a) of title 38, United States Code, may exceed the cost
of such travel by public transportation regardless of medical
necessity."
REINSTATEMENT OF AMOUNT OF DEDUCTION SPECIFIED BY STATUTE
Pub. L. 110-387, title IV, Sec. 401(a)(2), Oct. 10, 2008, 122
Stat. 4122, provided that: "Notwithstanding any adjustment made by
the Secretary of Veterans Affairs under paragraph (5) of section
111(c) of title 38, United States Code, as such paragraph was in
effect before the date of the enactment of this Act [Oct. 10,
2008], the amount deducted under paragraph (1) of such section
111(c) on or after such date shall be the amount specified in such
paragraph."
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, Sec. 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, Sec. 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."
-EXEC-
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.
-FOOTNOTE-
(!1) See References in Text note below.
(!2) So in original. Probably should be "1395m(l))".
-End-
-CITE-
38 USC Sec. 112 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 112. Presidential memorial certificate program
-STATUTE-
(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.
(c) A certificate may not be furnished under the program under
subsection (a) on behalf of a deceased person described in section
2411(b) of this title.
-SOURCE-
(Added Pub. L. 89-88, Sec. 1(a), July 24, 1965, 79 Stat. 264;
amended Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105
Stat. 404, 405; Pub. L. 107-330, title II, Sec. 201(a), Dec. 6,
2002, 116 Stat. 2823.)
-MISC1-
AMENDMENTS
2002 - Subsec. (c). Pub. L. 107-330 added subsec. (c).
1991 - Subsec. (a). Pub. L. 102-83 substituted "Secretary" for
"Administrator".
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-330, title II, Sec. 201(d), Dec. 6, 2002, 116 Stat.
2823, provided that: "The amendments made by this section [amending
this section and sections 2301 and 2306 of this title] shall apply
with respect to deaths occurring on or after the date of the
enactment of this Act [Dec. 6, 2002]."
-End-
-CITE-
38 USC Sec. 113 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 113. Treatment of certain programs under sequestration
procedures
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 99-576, title VI, Sec. 601(a)(1), Oct. 28, 1986, 100
Stat. 3287; amended Pub. L. 100-198, Sec. 12(a), Dec. 21, 1987, 101
Stat. 1325; Pub. L. 100-322, title IV, Sec. 411(b), (c), May 20,
1988, 102 Stat. 547; Pub. L. 102-40, title IV, Sec. 402(d)(1), May
7, 1991, 105 Stat. 239; Pub. L. 102-83, Secs. 4(a)(2)(B)(i), (3),
(4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403-406.)
-REFTEXT-
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. Part C of the Act is
classified generally to subchapter I (Sec. 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, Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-577,
and Pub. L. 112-25, title I, Sec. 101, Aug. 2, 2011, 125 Stat. 241.
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.
-MISC1-
AMENDMENTS
1991 - Subsec. (a)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted
"2307" for "907".
Subsec. (b). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
"Department" for "Veterans' Administration" in introductory
provisions.
Subsec. (b)(1). Pub. L. 102-83, Sec. 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, Sec. 5(c)(1), substituted
"1718(c)" for "618(c)".
Pub. L. 102-83, Sec. 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, Sec. 5(c)(1), substituted "2301,
2302, 2303, 2306, or 2308" for "901, 902, 903, 906, or 908".
Subsec. (c)(3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Subsec. (d). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
"Department" for "Veterans' Administration".
1988 - Subsec. (a)(4), (5). Pub. L. 100-322, Sec. 411(b), struck
out "(but only with respect to fiscal year 1987)" before period at
end.
Subsec. (d). Pub. L. 100-322, Sec. 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, Sec. 12(a)(1), added par.
(6).
Subsec. (c)(2). Pub. L. 100-198, Sec. 12(a)(3), substituted "31,
34, 35, or 36" for "34, or 36".
Subsecs. (e) to (g). Pub. L. 100-198, Sec. 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."
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
38 USC Sec. 114 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 114. Multiyear procurement
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 100-322, title IV, Sec. 404(a), May 20, 1988, 102
Stat. 545; amended Pub. L. 101-237, title VI, Sec. 601(a), (b)(1),
Dec. 18, 1989, 103 Stat. 2094; Pub. L. 102-83, Sec. 4(a)(3), (4),
(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
-MISC1-
AMENDMENTS
1991 - Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator" in two places in
introductory provisions.
Subsec. (a)(2)(B). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
"Department" for "Veterans' Administration".
Subsec. (b)(1)(A). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator".
Subsec. (b)(2)(A). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator" in two places.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary's" for "Administrator's".
Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
1989 - Pub. L. 101-237, Sec. 601(b)(1), struck out "for certain
medical items" after "Multiyear procurement" in section catchline.
Subsec. (a). Pub. L. 101-237, Sec. 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, Sec. 601(a)(2), struck out
"health-care" before "programs, the amount".
Subsec. (e)(2) to (4). Pub. L. 101-237, Sec. 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."
-End-
-CITE-
38 USC Sec. 115 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 115. Acquisition of real property
-STATUTE-
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 3111
of title 40; 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.
-SOURCE-
(Added Pub. L. 102-86, title IV, Sec. 402(a), Aug. 14, 1991, 105
Stat. 422; amended Pub. L. 102-83, Sec. 5(c)(1), Aug. 6, 1991, 105
Stat. 406; Pub. L. 103-446, title XII, Sec. 1201(d)(1), Nov. 2,
1994, 108 Stat. 4684; Pub. L. 107-217, Sec. 3(j)(1), Aug. 21, 2002,
116 Stat. 1300.)
-MISC1-
AMENDMENTS
2002 - Par. (1). Pub. L. 107-217 substituted "section 3111 of
title 40" for "section 355 of the Revised Statutes (40 U.S.C.
255)".
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.
-End-
-CITE-
38 USC Sec. 116 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 116. Reports to Congress: cost information
-STATUTE-
Whenever the Secretary submits to Congress, or any committee of
Congress, a report that is required by law or by a joint
explanatory statement of a committee of conference of the Congress,
the Secretary shall include with the report -
(1) a statement of the cost of preparing the report; and
(2) a brief explanation of the methodology used in preparing
that cost statement.
-SOURCE-
(Added Pub. L. 106-419, title IV, Sec. 403(d)(1)(A), Nov. 1, 2000,
114 Stat. 1864.)
-MISC1-
EFFECTIVE DATE
Pub. L. 106-419, title IV, Sec. 403(d)(2), Nov. 1, 2000, 114
Stat. 1864, provided that: "Section 116 of title 38, United States
Code, as added by paragraph (1) of this subsection, shall apply
with respect to any report submitted by the Secretary of Veterans
Affairs after the end of the 90-day period beginning on the date of
the enactment of this Act [Nov. 1, 2000]."
-End-
-CITE-
38 USC Sec. 117 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 117. Advance appropriations for certain medical care accounts
-STATUTE-
(a) In General. - For each fiscal year, beginning with fiscal
year 2011, discretionary new budget authority provided in an
appropriations Act for the medical care accounts of the Department
shall -
(1) be made available for that fiscal year; and
(2) include, for each such account, advance discretionary new
budget authority that first becomes available for the first
fiscal year after the budget year.
(b) Estimates Required. - The Secretary shall include in
documents submitted to Congress in support of the President's
budget submitted pursuant to section 1105 of title 31, United
States Code, detailed estimates of the funds necessary for the
medical care accounts of the Department for the fiscal year
following the fiscal year for which the budget is submitted.
(c) Medical Care Accounts. - For purposes of this section, the
term "medical care accounts of the Department" means the following
medical care accounts of the Veterans Health Administration,
Department of Veterans Affairs account:
(1) Medical Services.
(2) Medical Support and Compliance.
(3) Medical Facilities.
(d) Annual Report. - Not later than July 31 of each year, the
Secretary shall submit to Congress an annual report on the
sufficiency of the Department's resources for the next fiscal year
beginning after the date of the submittal of the report for the
provision of medical care. Such report shall also include estimates
of the workload and demand data for that fiscal year.
-SOURCE-
(Added Pub. L. 111-81, Sec. 3(a), Oct. 22, 2009, 123 Stat. 2137.)
-MISC1-
COMPTROLLER GENERAL REVIEW OF THE ACCURACY OF VA MEDICAL CARE
BUDGET SUBMISSION IN RELATION TO BASELINE HEALTH CARE MODEL
PROJECTION
Pub. L. 111-81, Sec. 4, Oct. 22, 2009, 123 Stat. 2138, provided
that:
"(a) Review of Accuracy of Medical Care Budget Submission. - The
Comptroller General shall conduct a review of each budget of the
President for a fiscal year that is submitted to Congress pursuant
to section 1105(a) of title 31 in order to assess whether or not
the relevant components of the amounts requested in such budget for
such fiscal year for the medical care accounts of the Department of
Veterans Affairs specified in section 117(c) of title 38, United
States Code, as added by section 3, are consistent with estimates
of the resources required by the Department for the provision of
medical care and services in such fiscal year, as forecast using
the Enrollee Health Care Projection Model, or other methodologies
used by the Department.
"(b) Reports. -
"(1) In general. - Not later than 120 days after the date of
each year in 2011, 2012, and 2013, on which the President submits
the budget request for the next fiscal year under section 1105 of
title 31, United States Code, the Comptroller General shall
submit to the Committees on Veterans' Affairs, Appropriations,
and the Budget of the Senate and the Committees on Veterans'
Affairs, Appropriations, and the Budget of the House of
Representatives and to the Secretary a report on the review
conducted under subsection (a).
"(2) Elements. - Each report under this paragraph shall
include, for the fiscal year beginning in the year in which such
report is submitted, the following:
"(A) An assessment of the review conducted under subsection
(a).
"(B) The basis for such assessment.
"(C) Such additional information as the Comptroller General
determines appropriate.
"(3) Availability to the public. - Each report submitted under
this subsection shall also be made available to the public."
-End-
-CITE-
38 USC Sec. 118 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
-HEAD-
Sec. 118. Submission of reports to Congress in electronic form
-STATUTE-
(a) In General. - Whenever the Secretary or any other official of
the Department is required by law to submit to Congress (or any
committee of either chamber of Congress) a report, the Secretary or
other official shall submit to Congress (or such committee) a copy
of the report in an electronic format.
(b) Treatment. - The submission of a copy of a report in
accordance with this section shall be treated as meeting any
requirement of law to submit such report to Congress (or any
committee of either chamber of Congress).
(c) Report Defined. - For purposes of this section, the term
"report" includes any certification, notification, or other
communication in writing.
-SOURCE-
(Added Pub. L. 111-163, title X, Sec. 1003(a), May 5, 2010, 124
Stat. 1182.)
-End-
-CITE-
38 USC CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-MISC1-
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.
312A. Director of Construction and Facilities Management.
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.
320. Department of Veterans Affairs-Department of Defense
Joint Executive Committee.
321. Office of Survivors Assistance.
322. Office of National Veterans Sports Programs and
Special Events.
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, Sec. 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, Sec. 2(a), Sept. 28, 1976, 90
Stat. 1332; amended Pub. L. 97-258, Sec. 2(j), Sept. 13, 1982, 96
Stat. 1062; Pub. L. 98-160, title VII, Sec. 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, Sec. 305(15), Aug. 14, 1964, 78 Stat. 424;
Pub. L. 89-361, Sec. 1(a), (b), Mar. 7, 1966, 80 Stat. 29; Pub. L.
89-785, title III, Sec. 301, Nov. 7, 1966, 80 Stat. 1376; Pub. L.
92-328, title II, Sec. 201, June 30, 1972, 86 Stat. 396; Pub. L. 95-
202, title III, Sec. 301, Nov. 23, 1977, 91 Stat. 1440; Pub. L. 96-
22, title V, Sec. 502(a), June 13, 1979, 93 Stat. 64; Pub. L. 97-
66, title VI, Sec. 601(a)(1), Oct. 17, 1981, 95 Stat. 1033; Pub.
L. 97-452, Sec. 2(e)(1), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 99-
166, title IV, Sec. 403(a), Dec. 3, 1985, 99 Stat. 957; Pub. L. 99-
576, title V, Sec. 501, title VII, Sec. 701(9), Oct. 28, 1986, 100
Stat. 3285, 3291; Pub. L. 100-527, Sec. 15(a), Oct. 5, 1988, 102
Stat. 2644; Pub. L. 102-40, title III, Sec. 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, Sec. 1(b), Sept. 29, 1965, 79 Stat. 886; Pub. L. 89-358,
Sec. 4(h), Mar. 3, 1966, 80 Stat. 24; Pub. L. 91-376, Sec. 8(a),
Aug. 12, 1970, 84 Stat. 790; Pub. L. 100-687, div. A, title I, Sec.
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, Sec. 2, Mar. 7, 1966, 80 Stat. 30; Pub. L. 99-576, title
VII, Sec. 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, Sec. 302, Nov. 7, 1966, 80 Stat. 1376; Pub.
L. 91-24, Sec. 2(c), June 11, 1969, 83 Stat. 33; Pub. L. 99-576,
title VII, Sec. 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, Sec. 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, Sec. 132(a), May 20,
1988, 102 Stat. 506; amended Pub. L. 102-40, title IV, Sec.
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, Sec. 1(a)-(c), Aug. 14, 1964, 78 Stat. 441, 442; Pub. L. 89-
705, Sec. 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, Sec. 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, Sec. 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, Sec. 4(a), June 18, 1973, 87
Stat. 79; amended Pub. L. 98-528, title I, Sec. 101(a)(1), Oct. 19,
1984, 98 Stat. 2686; Pub. L. 99-576, title II, Sec. 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, Sec. 213(a), Dec. 3,
1974, 88 Stat. 1586; amended Pub. L. 99-576, title VII, Sec.
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, Sec. 213(a), Dec. 3,
1974, 88 Stat. 1587; amended Pub. L. 96-466, title VII, Sec.
701(a), (b)(1), Oct. 17, 1980, 94 Stat. 2215; Pub. L. 98-528, title
I, Sec. 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, Sec. 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, Sec. 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, Sec.
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, Sec. 203(b)(1), May
20, 1988, 102 Stat. 509, Sec. 223; renumbered Sec. 224, Pub. L. 101-
94, title III, Sec. 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, Sec. 5,
Oct. 15, 1962, 76 Stat. 927; Pub. L. 91-338, July 16, 1970, 84
Stat. 437; Pub. L. 93-82, title IV, Sec. 401, Aug. 2, 1973, 87
Stat. 196; Pub. L. 95-520, Sec. 2, Oct. 26, 1978, 92 Stat. 1820;
Pub. L. 96-22, title V, Sec. 503(a), June 13, 1979, 93 Stat. 65;
Pub. L. 96-385, title V, Sec. 501, Oct. 7, 1980, 94 Stat. 1533;
Pub. L. 97-295, Sec. 4(6), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99-
108, Sec. 1, Sept. 30, 1985, 99 Stat. 481; Pub. L. 99-166, title
IV, Sec. 402, Dec. 3, 1985, 99 Stat. 957; Pub. L. 99-576, title
VII, Sec. 701(13), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 100-689,
title V, Sec. 501(a), Nov. 18, 1988, 102 Stat. 4179; Pub. L. 101-
237, title VI, Sec. 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, Sec. 2(a), June 11, 1969, 83 Stat. 33.
Section 233, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1116; Pub.
L. 87-574, Sec. 1(1), Aug. 6, 1962, 76 Stat. 308; Pub. L. 89-785,
title III, Sec. 303(a), (b), Nov. 7, 1966, 80 Stat. 1376, 1377;
Pub. L. 99-576, title VII, Secs. 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, Sec. 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, Sec. 1, July 28, 1959, 73
Stat. 265; amended Pub. L. 87-815, Sec. 6, Oct. 15, 1962, 76 Stat.
927; Pub. L. 89-300, Sec. 1(c), Oct. 28, 1965, 79 Stat. 1110; Pub.
L. 96-22, title V, Sec. 503(b), (c)(1), June 13, 1979, 93 Stat. 65;
Pub. L. 96-465, title II, Sec. 2206(g), Oct. 17, 1980, 94 Stat.
2163; Pub. L. 99-576, title VII, Secs. 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, Sec. 1(a), Oct. 28, 1965, 79
Stat. 1110; amended Pub. L. 99-576, title VII, Sec. 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, Sec. 214(a), Mar.
26, 1970, 84 Stat. 84; amended Pub. L. 92-540, title IV, Sec.
410(a), Oct. 24, 1972, 86 Stat. 1092, described purpose and defined
terms for veterans outreach services program.
Section 241, added Pub. L. 91-219, title II, Sec. 214(a), Mar.
26, 1970, 84 Stat. 84; amended Pub. L. 92-540, title IV, Sec.
410(b), Oct. 24, 1972, 86 Stat. 1092; Pub. L. 93-508, title II,
Sec. 214(1), (2), Dec. 3, 1974, 88 Stat. 1587; Pub. L. 99-576,
title VII, Secs. 701(17), 702(4), Oct. 28, 1986, 100 Stat. 3292,
3301, related to outreach services.
Section 242, added Pub. L. 91-219, title II, Sec. 214(a), Mar.
26, 1970, 84 Stat. 85; amended Pub. L. 93-508, title II, Sec.
214(3), Dec. 3, 1974, 88 Stat. 1587; Pub. L. 99-576, title VII,
Sec. 701(18), Oct. 28, 1986, 100 Stat. 3292, related to veterans
assistance offices.
Section 243, added Pub. L. 93-508, title II, Sec. 214(4), Dec. 3,
1974, 88 Stat. 1587; amended Pub. L. 97-295, Sec. 4(7), Oct. 12,
1982, 96 Stat. 1305; Pub. L. 97-306, title II, Sec. 201(a), Oct.
14, 1982, 96 Stat. 1433, related to outstationing of counseling and
outreach personnel.
Section 244, added Pub. L. 91-219, title II, Sec. 214(a), Mar.
26, 1970, 84 Stat. 85, Sec. 243; renumbered Sec. 244 and amended
Pub. L. 93-508, title II, Sec. 214(4), (5), Dec. 3, 1974, 88 Stat.
1587, 1588; Pub. L. 96-466, title V, Sec. 501, Oct. 17, 1980, 94
Stat. 2202; Pub. L. 99-576, title VII, Sec. 701(19), Oct. 28, 1986,
100 Stat. 3292, related to utilization of other agencies.
Section 245, added Pub. L. 91-219, title II, Sec. 214(a), Mar.
26, 1970, 84 Stat. 85, Sec. 244; renumbered Sec. 245, Pub. L. 93-
508, title II, Sec. 214(4), Dec. 3, 1974, 88 Stat. 1587, related
to an annual report to Congress on the effectiveness of outreach
programs.
Section 246, added Pub. L. 95-202, title III, Sec. 310(b)(1),
Nov. 23, 1977, 91 Stat. 1446; amended Pub. L. 95-336, Sec. 6(b),
Aug. 4, 1978, 92 Stat. 453; Pub. L. 97-295, Sec. 4(8), Oct. 12,
1982, 96 Stat. 1305, related to veterans cost-of-instruction
payments to institutions of higher learning.
AMENDMENTS
2008 - Pub. L. 110-389, title II, Sec. 222(b), title VII, Sec.
703(b), Oct. 10, 2008, 122 Stat. 4156, 4184, added items 321 and
322.
2006 - Pub. L. 109-461, title VIII, Sec. 811(b), Dec. 22, 2006,
120 Stat. 3447, added item 312A.
2003 - Pub. L. 108-136, div. A, title V, Sec. 583(a)(2), Nov. 24,
2003, 117 Stat. 1491, added item 320.
1998 - Pub. L. 105-368, title IV, Sec. 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, Sec. 102(a)(2), Nov. 21, 1997,
111 Stat. 2281, added item 319.
1996 - Pub. L. 104-106, div. E, title LVI, Sec. 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, Sec. 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, Sec. 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, Sec. 1(b), Dec. 11, 1991, 105 Stat. 1672,
added item 317.
-End-
-CITE-
38 USC Sec. 301 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 301. Department
-STATUTE-
(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).
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 378;
amended Pub. L. 105-368, title IV, Sec. 403(a)(2), Nov. 11, 1998,
112 Stat. 3338.)
-MISC1-
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, Sec. 2(a).
AMENDMENTS
1998 - Subsec. (c)(4). Pub. L. 105-368 substituted
"Administration" for "System".
ORDER OF SUCCESSION
For order of succession during any period when both Secretary and
Deputy Secretary of Veterans Affairs are unable to perform
functions and duties of office of Secretary, see Ex. Ord. No.
13247, Dec. 18, 2001, 66 F.R. 66271, set out as a note under
section 3345 of Title 5, Government Organization and Employees.
DEPARTMENT OF VETERANS AFFAIRS FRANCHISE FUND
Pub. L. 104-204, title I, Sept. 26, 1996, 110 Stat. 2880, as
amended by Pub. L. 109-114, title II, Sec. 208, Nov. 30, 2005, 119
Stat. 2389, provided in part that: "There is hereby established in
the Treasury a Department of Veterans Affairs franchise fund, to be
available without fiscal year limitation for expenses and equipment
necessary for the maintenance and operation of such administrative
services as the Secretary determines may be performed more
advantageously as central services: Provided, That any inventories,
equipment and other assets pertaining to the services to be
provided by the franchise fund, either on hand or on order, less
the related liabilities or unpaid obligations, and any
appropriations made hereafter for the purpose of providing capital,
shall be used to capitalize the franchise fund: Provided further,
That the franchise fund may be paid in advance from funds available
to the Department and other Federal agencies for which such
centralized services are performed, at rates which will return in
full all expenses of operation, including accrued leave,
depreciation of fund plant and equipment, amortization of automated
data processing (ADP) software and systems (either acquired or
donated), and an amount necessary to maintain a reasonable
operating reserve, as determined by the Secretary: Provided
further, That the franchise fund shall provide services on a
competitive basis: Provided further, That an amount not to exceed
four percent of the total annual income to such fund may be
retained in the fund for fiscal year 1997 and each fiscal year
thereafter, to remain available until expended, to be used for the
acquisition of capital equipment and for the improvement and
implementation of Departmental financial management, ADP, and other
support systems: Provided further, That no later than thirty days
after the end of each fiscal year amounts in excess of this reserve
limitation shall be transferred to the Treasury."
RENAMING OF VETERANS HEALTH SERVICES AND RESEARCH ADMINISTRATION
Pub. L. 102-40, Sec. 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, Secs. 1-12, 14, 16, 18, Oct. 25, 1988, 102 Stat.
2635-2642, 2644, 2645, 2648, as amended by Pub. L. 101-94, title
IV, Sec. 401, Aug. 16, 1989, 103 Stat. 628; Pub. L. 101-576, title
II, Sec. 205(c)(2), Nov. 15, 1990, 104 Stat. 2845; Pub. L. 102-83,
Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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."
-End-
-CITE-
38 USC Sec. 302 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 302. Seal
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 379.)
-MISC1-
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, Sec.
2(a).
-End-
-CITE-
38 USC Sec. 303 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 303. Secretary of Veterans Affairs
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 379.)
-MISC1-
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, Secs.
2(a), 3(1).
NOTICE TO CONGRESSIONAL VETERANS COMMITTEES OF CERTAIN TRANSFERS OF
FUNDS
Pub. L. 109-461, title X, Sec. 1001, Dec. 22, 2006, 120 Stat.
3464, provided that: "To the extent that the Secretary of Veterans
Affairs is required or directed, under any provision of law, to
provide written notice to any committee of Congress other than the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives on the transfer
of appropriations from one account to any other account, the
Secretary shall also transmit such notice to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives."
NATIONAL CENTER ON WAR-RELATED ILLNESSES AND POST-DEPLOYMENT HEALTH
ISSUES
Pub. L. 105-368, title I, Sec. 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, Sec. 1404, Nov. 18, 1988, 102
Stat. 4131, as amended by Pub. L. 102-83, Secs. 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, Sec. 123, May 20, 1988, 102 Stat. 504,
as amended by Pub. L. 102-83, Sec. 6(j)(2), Aug. 6, 1991, 105 Stat.
409; Pub. L. 102-531, title III, Sec. 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."
-TRANS-
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.
-End-
-CITE-
38 USC Sec. 304 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 304. Deputy Secretary of Veterans Affairs
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 379.)
-MISC1-
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, Secs. 2(a), 3(3).
ORDER OF SUCCESSION
For order of succession during any period when both Secretary and
Deputy Secretary of Veterans Affairs are unable to perform
functions and duties of office of Secretary, see Ex. Ord. No.
13247, Dec. 18, 2001, 66 F.R. 66271, set out as a note under
section 3345 of Title 5, Government Organization and Employees.
-End-
-CITE-
38 USC Sec. 305 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 305. Under Secretary for Health
-STATUTE-
(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 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,
or 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)(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.
-SOURCE-
(Added and amended Pub. L. 102-83, Secs. 2(a), 4(a)(3), (4), Aug.
6, 1991, 105 Stat. 379, 404; Pub. L. 102-405, title III, Sec.
302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103-446, title
XII, Sec. 1201(c)(1), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685;
Pub. L. 108-422, title V, Sec. 503, Nov. 30, 2004, 118 Stat. 2396;
Pub. L. 109-461, title II, Sec. 210(a), Dec. 22, 2006, 120 Stat.
3418.)
-MISC1-
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, Sec. 3(3).
AMENDMENTS
2006 - Subsecs. (c), (d). Pub. L. 109-461 redesignated subsec.
(d) as (c) and struck out former subsec. (c) which read as follows:
"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."
2004 - Subsec. (a)(2). Pub. L. 108-422, Sec. 503(1), struck out
"shall be a doctor of medicine and" after "The Under Secretary for
Health" in introductory provisions.
Subsec. (a)(2)(A). Pub. L. 108-422, Sec. 503(2), substituted "or
in health-care" for "and in health-care".
1994 - Subsec. (a)(1). Pub. L. 103-446, Sec. 1201(c)(1)(A),
substituted "an Under Secretary" for "a Under Secretary".
Subsec. (d)(2)(F). Pub. L. 103-446, Sec. 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, Sec. 4(a)(3), (4),
substituted "Department" for "Veterans' Administration".
-CHANGE-
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."
-End-
-CITE-
38 USC Sec. 306 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 306. Under Secretary for Benefits
-STATUTE-
(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)(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.
-SOURCE-
(Added and amended Pub. L. 102-83, Secs. 2(a), 4(a)(3), (4), Aug.
6, 1991, 105 Stat. 380, 404; Pub. L. 102-405, title III, Sec.
302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103-446, title
XII, Sec. 1201(c)(2), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685;
Pub. L. 109-461, title II, Sec. 210(b), Dec. 22, 2006, 120 Stat.
3418.)
-MISC1-
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, Sec. 3(3).
AMENDMENTS
2006 - Subsecs. (c), (d). Pub. L. 109-461 redesignated subsec.
(d) as (c) and struck out former subsec. (c) which read as follows:
"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."
1994 - Subsec. (a). Pub. L. 103-446, Sec. 1201(c)(2)(A),
substituted "an Under Secretary" for "a Under Secretary".
Subsec. (d)(2)(F). Pub. L. 103-446, Sec. 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, Sec. 4(a)(3), (4),
substituted "Department" for "Veterans' Administration".
-CHANGE-
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."
-End-
-CITE-
38 USC Sec. 307 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 307. Under Secretary for Memorial Affairs
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 381;
amended Pub. L. 105-368, title IV, Sec. 403(a)(3), (c)(1)(A), Nov.
11, 1998, 112 Stat. 3338.)
-MISC1-
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, Sec. 3(3).
AMENDMENTS
1998 - Pub. L. 105-368, Sec. 403(c)(1)(A), substituted "Under
Secretary for Memorial Affairs" for "Director of the National
Cemetery System" in section catchline.
Pub. L. 105-368, Sec. 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".
-End-
-CITE-
38 USC Sec. 308 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 308. Assistant Secretaries; Deputy Assistant Secretaries
-STATUTE-
(a) There shall be in the Department not more than seven
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.
(11) Operations, preparedness, security, and law enforcement
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 19, 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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 381;
amended Pub. L. 107-287, Sec. 5(a)-(c), Nov. 7, 2002, 116 Stat.
2030.)
-MISC1-
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, Sec. 3(3).
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-287, Sec. 5(a), substituted
"seven" for "six" in first sentence.
Subsec. (b)(11). Pub. L. 107-287, Sec. 5(b), added par. (11).
Subsec. (d)(1). Pub. L. 107-287, Sec. 5(c), substituted "19" for
"18".
-End-
-CITE-
38 USC Sec. 309 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 309. Chief Financial Officer
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 382.)
-MISC1-
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, Sec. 3(3).
-End-
-CITE-
38 USC Sec. 310 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 310. Chief Information Officer
-STATUTE-
(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 subtitle III of title 40.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 382;
amended Pub. L. 104-106, div. E, title LVI, Sec. 5604, Feb. 10,
1996, 110 Stat. 700; Pub. L. 105-85, div. A, title X, Sec.
1073(h)(3), Nov. 18, 1997, 111 Stat. 1907; Pub. L. 107-217, Sec.
3(j)(2), Aug. 21, 2002, 116 Stat. 1300.)
-MISC1-
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, Sec. 3(3).
AMENDMENTS
2002 - Subsec. (b). Pub. L. 107-217 substituted "subtitle III of
title 40" for "division E of the Clinger-Cohen Act of 1996 (40
U.S.C. 1401 et seq.)".
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, Feb. 10, 1996, 110 Stat.
702.
-End-
-CITE-
38 USC Sec. 311 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 311. General Counsel
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 383.)
-MISC1-
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, Sec. 3(3).
-End-
-CITE-
38 USC Sec. 312 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 312. Inspector General
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 383;
amended Pub. L. 103-446, title XII, Sec. 1201(e)(3), (g)(1), Nov.
2, 1994, 108 Stat. 4685, 4687.)
-REFTEXT-
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.
-MISC1-
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, Sec. 3(3).
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-446, Sec. 1201(e)(3), substituted
"(5 U.S.C. App.)" for "(5 U.S.C. App. 3)".
Subsec. (b)(3). Pub. L. 103-446, Sec. 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."
-End-
-CITE-
38 USC Sec. 312A 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 312A. Director of Construction and Facilities Management
-STATUTE-
(a) In General. - (1) There is in the Department a Director of
Construction and Facilities Management, who shall be appointed by
the Secretary.
(2) The position of Director of Construction and Facilities
Management is a career reserved position, as such term is defined
in section 3132(a)(8) of title 5.
(3) The Director shall provide direct support to the Secretary in
matters covered by the responsibilities of the Director under
subsection (c).
(4) The Director shall report to the Deputy Secretary in the
discharge of the responsibilities of the Director under subsection
(c).
(b) Qualifications. - Each individual appointed as Director of
Construction and Facilities Management shall be an individual who -
(1) holds an undergraduate or master's degree in architectural
design or engineering; and
(2) has substantive professional experience in the area of
construction project management.
(c) Responsibilities. - (1) The Director of Construction and
Facilities Management shall -
(A) be responsible for overseeing and managing the planning,
design, construction, and operation of facilities and
infrastructure of the Department, including major and minor
construction projects; and
(B) perform such other functions as the Secretary shall
prescribe.
(2) In carrying out the oversight and management of construction
and operation of facilities and infrastructure under this section,
the Director shall be responsible for the following:
(A) Development and updating of short-range and long-range
strategic capital investment strategies and plans of the
Department.
(B) Planning, design, and construction of facilities for the
Department, including determining architectural and engineering
requirements and ensuring compliance of the Department with
applicable laws relating to the construction program of the
Department.
(C) Management of the short-term and long-term leasing of real
property by the Department.
(D) Repair and maintenance of facilities of the Department,
including custodial services, building management and
administration, and maintenance of roads, grounds, and
infrastructure.
(E) Management of procurement and acquisition processes
relating to the construction and operation of facilities of the
Department, including the award of contracts related to design,
construction, furnishing, and supplies and equipment.
-SOURCE-
(Added Pub. L. 109-461, title VIII, Sec. 811(a), Dec. 22, 2006, 120
Stat. 3446.)
-End-
-CITE-
38 USC Sec. 313 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 313. Availability of appropriations
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 383.)
-MISC1-
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, Sec.
2(a).
-End-
-CITE-
38 USC Sec. 314 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 314. Central Office
-STATUTE-
The Central Office of the Department shall be in the District of
Columbia.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 383.)
-MISC1-
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,
Sec. 2(a).
-End-
-CITE-
38 USC Sec. 315 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 315. Regional offices
-STATUTE-
(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, 2012.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 384;
amended Pub. L. 102-291, Sec. 1(a), May 20, 1992, 106 Stat. 178;
Pub. L. 103-210, Sec. 2(c), Dec. 20, 1993, 107 Stat. 2497; Pub. L.
103-446, title V, Sec. 502, Nov. 2, 1994, 108 Stat. 4663; Pub. L.
106-117, title VIII, Sec. 802, Nov. 30, 1999, 113 Stat. 1586; Pub.
L. 108-183, title II, Sec. 213, Dec. 16, 2003, 117 Stat. 2658; Pub.
L. 111-117, div. E, title II, Sec. 228, Dec. 16, 2009, 123 Stat.
3307; Pub. L. 111-275, title VIII, Sec. 807(a), Oct. 13, 2010, 124
Stat. 2893; Pub. L. 112-74, div. H, title II, Sec. 234, Dec. 23,
2011, 125 Stat. 1160.)
-MISC1-
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, Sec. 2(a).
AMENDMENTS
2011 - Subsec. (b). Pub. L. 112-74 substituted "December 31,
2012" for "December 31, 2011".
2010 - Subsec. (b). Pub. L. 111-275 substituted "December 31,
2011" for "December 31, 2010".
2009 - Subsec. (b). Pub. L. 111-117 substituted "December 31,
2010" for "December 31, 2009".
2003 - Subsec. (b). Pub. L. 108-183 substituted "December 31,
2009" for "December 31, 2003".
1999 - Subsec. (b). Pub. L. 106-117 substituted "December 31,
2003" for "December 31, 1999".
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."
-End-
-CITE-
38 USC Sec. 316 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 316. Colocation of regional offices and medical centers
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 384.)
-MISC1-
PRIOR PROVISIONS
Prior section 316 was renumbered section 1116 of this title.
-End-
-CITE-
38 USC Sec. 317 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 317. Center for Minority Veterans
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 103-446, title V, Sec. 509(a), Nov. 2, 1994, 108
Stat. 4665; amended Pub. L. 104-275, title V, Sec. 501(a)-(c), Oct.
9, 1996, 110 Stat. 3340.)
-MISC1-
PRIOR PROVISIONS
Prior section 317, added Pub. L. 102-218, Sec. 1(a), Dec. 11,
1991, 105 Stat. 1671; amended Pub. L. 103-446, title XII, Sec.
1201(e)(4), Nov. 2, 1994, 108 Stat. 4685, related to Chief Minority
Affairs Officer, prior to repeal by Pub. L. 103-446, Sec. 509(a).
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-275, Sec. 501(a), inserted
"career or" before "noncareer".
Subsec. (d)(10) to (12). Pub. L. 104-275, Sec. 501(b), added
pars. (10) and (11) and redesignated former par. (10) as (12).
Subsec. (g). Pub. L. 104-275, Sec. 501(c), added subsec. (g).
-End-
-CITE-
38 USC Sec. 318 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 318. Center for Women Veterans
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 103-446, title V, Sec. 509(a), Nov. 2, 1994, 108
Stat. 4666; amended Pub. L. 104-275, title V, Sec. 501(a), (d),
Oct. 9, 1996, 110 Stat. 3340, 3341.)
-MISC1-
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, Sec. 108(c), title III, Sec. 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, Sec.
206(b), title IV, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 501(a), inserted
"career or" before "noncareer".
Subsec. (d)(10). Pub. L. 104-275, Sec. 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, Sec. 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."
-End-
-CITE-
38 USC Sec. 319 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 319. Office of Employment Discrimination Complaint
Adjudication
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 105-114, title I, Sec. 102(a)(1), Nov. 21, 1997, 111
Stat. 2280.)
-MISC1-
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."
-End-
-CITE-
38 USC Sec. 320 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 320. Department of Veterans Affairs-Department of Defense
Joint Executive Committee
-STATUTE-
(a) Joint Executive Committee. - (1) There is established an
interagency committee to be known as the Department of Veterans
Affairs-Department of Defense Joint Executive Committee
(hereinafter in this section referred to as the "Committee").
(2) The Committee is composed of -
(A) the Deputy Secretary of Veterans Affairs and such other
officers and employees of the Department of Veterans Affairs as
the Secretary of Veterans Affairs may designate; and
(B) the Under Secretary of Defense for Personnel and Readiness
and such other officers and employees of the Department of
Defense as the Secretary of Defense may designate.
(b) Administrative Matters. - (1) The Deputy Secretary of
Veterans Affairs and the Under Secretary of Defense shall determine
the size and structure of the Committee, as well as the
administrative and procedural guidelines for the operation of the
Committee.
(2) The two Departments shall supply appropriate staff and
resources to provide administrative support and services. Support
for such purposes shall be provided at a level sufficient for the
efficient operation of the Committee, including a subordinate
Health Executive Committee, a subordinate Benefits Executive
Committee, and such other committees or working groups as
considered necessary by the Deputy Secretary and Under Secretary.
(c) Recommendations. - (1) The Committee shall recommend to the
Secretaries strategic direction for the joint coordination and
sharing efforts between and within the two Departments under
section 8111 of this title and shall oversee implementation of
those efforts.
(2) The Committee shall submit to the two Secretaries and to
Congress an annual report containing such recommendations as the
Committee considers appropriate.
(d) Functions. - In order to enable the Committee to make
recommendations in its annual report under subsection (c)(2), the
Committee shall do the following:
(1) Review existing policies, procedures, and practices
relating to the coordination and sharing of resources between the
two Departments.
(2) Identify changes in policies, procedures, and practices
that, in the judgment of the Committee, would promote mutually
beneficial coordination, use, or exchange of use of services and
resources of the two Departments, with the goal of improving the
quality, efficiency and effectiveness of the delivery of benefits
and services to veterans, service members, military retirees, and
their families through an enhanced Department of Veterans Affairs
and Department of Defense partnership.
(3) Identify and assess further opportunities for the
coordination and collaboration between the Departments that, in
the judgment of the Committee, would not adversely affect the
range of services, the quality of care, or the established
priorities for benefits provided by either Department.
(4) Review the plans of both Departments for the acquisition of
additional resources, especially new facilities and major
equipment and technology, in order to assess the potential effect
of such plans on further opportunities for the coordination and
sharing of resources.
(5) Review the implementation of activities designed to promote
the coordination and sharing of resources between the
Departments.
-SOURCE-
(Added Pub. L. 108-136, div. A, title V, Sec. 583(a)(1), Nov. 24,
2003, 117 Stat. 1490.)
-MISC1-
EFFECTIVE DATE
Pub. L. 108-136, div. A, title V, Sec. 583(d)(2), Nov. 24, 2003,
117 Stat. 1492, provided that: "If this Act is enacted on or after
October 1, 2003, the amendments made by this section [enacting this
section and amending section 8111 of this title] shall take effect
on the date of the enactment of this Act [Nov. 24, 2003]."
JOINT PROGRAM FOR DEVELOPMENT AND EVALUATION OF INTEGRATED HEALING
CARE PRACTICES FOR MEMBERS OF THE ARMED FORCES AND VETERANS
Pub. L. 108-136, div. A, title VII, Sec. 727, Nov. 24, 2003, 117
Stat. 1537, provided that:
"(a) Program. - The Secretary of Defense and the Secretary of
Veterans Affairs may conduct a program to develop and evaluate
integrated healing care practices for members of the Armed Forces
and veterans. Any such program shall be carried out through the
Department of Veterans Affairs-Department of Defense Joint
Executive Committee established under section 320 of title 38,
United States Code.
"(b) Source of DOD Funds. - Amounts authorized to be appropriated
by this Act [see Tables for classification] for the Defense Health
Program may be used for the program under subsection (a)."
-End-
-CITE-
38 USC Sec. 321 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 321. Office of Survivors Assistance
-STATUTE-
(a) Establishment. - The Secretary shall establish in the
Department an Office of Survivors Assistance (in this section
referred to as the "Office") to serve as a resource regarding all
benefits and services furnished by the Department -
(1) to survivors and dependents of deceased veterans; and
(2) to survivors and dependents of deceased members of the
Armed Forces.
(b) Advisory Duties. - The Office shall serve as a primary
advisor to the Secretary on all matters related to the policies,
programs, legislative issues, and other initiatives affecting the
survivors and dependents described in subsection (a).
(c) Guidance From Stakeholders. - In establishing the Office, the
Secretary shall seek guidance from interested stakeholders.
(d) Resources. - The Secretary shall ensure that appropriate
personnel, funding, and other resources are provided to the Office
to carry out its responsibilities.
(e) Inclusion of Information on Office in Annual Report on
Department Activities. - The Secretary shall include in each annual
Performance and Accountability report submitted by the Secretary to
Congress a description of the activities of the Office during the
fiscal year covered by such report.
-SOURCE-
(Added Pub. L. 110-389, title II, Sec. 222(a), Oct. 10, 2008, 122
Stat. 4156.)
-End-
-CITE-
38 USC Sec. 322 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS
-HEAD-
Sec. 322. Office of National Veterans Sports Programs and Special
Events
-STATUTE-
(a) Establishment. - There is in the Department an Office of
National Veterans Sports Programs and Special Events. There is at
the head of the Office a Director, who shall report to an
appropriate official of the Veterans Benefits Administration, as
determined by the Secretary, or to the Deputy Secretary or
Secretary.
(b) Responsibilities of Director. - Subject to the direction of
the Secretary, the Director -
(1) shall establish and carry out qualifying programs and
events;
(2) may provide for sponsorship by the Department of qualifying
programs and events;
(3) may provide for, facilitate, and encourage participation by
disabled veterans in qualifying programs and events;
(4) shall, to the extent feasible, cooperate with the United
States Paralympics, Inc., and its partners to promote the
participation of disabled veterans and disabled members of the
Armed Forces in sporting events sponsored by the United States
Paralympics, Inc., and its partners;
(5) shall seek sponsorships and donations from the private
sector to defray costs of carrying out the responsibilities of
the Director to the maximum extent feasible; and
(6) may carry out such other responsibilities as the Secretary
determines are appropriate.
(c) Qualifying Program or Event. - For purposes of this section,
a qualifying program or event is a sports program or other event in
which disabled veterans and disabled members of the Armed Forces
participate and that is approved by the Secretary as being
consistent with the goals and missions of the Department.
(d) Monthly Assistance Allowance. - (1) Subject to the
availability of appropriations for such purpose, the Secretary may
provide a monthly assistance allowance to a veteran with a
disability invited by the United States Paralympics, Inc., to
compete for a slot on, or selected for, the Paralympic Team for any
month in which the veteran is training or competing in any event
sanctioned by the United States Paralympics, Inc., or who is
residing at a United States Paralympics, Inc., training center.
(2) The amount of the monthly assistance payable to a veteran
under paragraph (1) shall be equal to the monthly amount of
subsistence allowance that would be payable to the veteran under
chapter 31 of this title if the veteran were eligible for and
entitled to rehabilitation under such chapter.
(3) In providing assistance under this subsection, the Secretary
shall give priority to veterans with service-connected
disabilities.
(4) There is authorized to be appropriated to carry out this
subsection $2,000,000 for each of fiscal years 2010 through 2013.
(e) Limitation on Statutory Construction. - Nothing in this
section shall be construed as a limitation on disabled sports and
special events supported by the Department as of the date of the
enactment of this section.
-SOURCE-
(Added Pub. L. 110-389, title VII, Sec. 703(a), Oct. 10, 2008, 122
Stat. 4183.)
-REFTEXT-
REFERENCES IN TEXT
The date of the enactment of this section, referred to in subsec.
(e), is the date of enactment of Pub. L. 110-389, which was
approved Oct. 10, 2008.
-MISC1-
FINDINGS AND PURPOSE
Pub. L. 110-389, title VII, Sec. 701, Oct. 10, 2008, 122 Stat.
4180, provided that:
"(a) Findings. - Congress makes the following findings:
"(1) In 1998, Congress enacted the Olympic and Amateur Sports
Act Amendments of 1998 (33 [36] U.S.C. 101 note) [see Short Title
of 1998 Amendment note set out under section 101 of Title 36,
Patriotic and National Observances, Ceremonies, and
Organizations], which amended chapter 2205 of title 36, United
States Code, and included a statement that the purpose of the Act
was 'to encourage and provide assistance to amateur athletic
programs and competition for amateur athletes with disabilities,
including, where feasible, the expansion of opportunities for
meaningful participation by such amateur athletes in programs of
athletic competition for able-bodied amateur athletes'.
"(2) The United States Olympic Committee manages and
administers the Paralympic Program for physically disabled
athletes.
"(3) The Department of Veterans Affairs provides health care to
veterans and administers recreational activities for patients
including the Golden Age Games, the National Veterans Wheelchair
Games, and the Winter Sports Clinic.
"(4) In 2005, the United States Olympic Committee entered into
a memorandum of understanding with the Secretary of Veterans
Affairs to increase interest in and access to Paralympic sports
programs for veterans with physical disabilities by coordinating
the activities of the United States Olympic Committee with the
Department of Veterans Affairs.
"(5) The Paralympic Program has a significant positive effect
on the quality of life of disabled veterans and disabled members
of the Armed Forces who participate in the program, including
helping to improve the mobility, vitality, and physical,
psychological, and social well-being of such participants and
reducing the incidence of secondary medical conditions in those
participants.
"(6) Because of Operation Iraqi Freedom and Operation Enduring
Freedom, the number of disabled veterans and disabled members of
the Armed Forces has increased substantially and it is therefore
desirable to supplement the rehabilitation and recreation
programs of the Department of Veterans Affairs through sports for
disabled veterans and members of the Armed Forces.
"(b) Purpose. - The purposes of this title [enacting this
section, section 521A of this title, and provisions set out as
notes under section 521A of this title] are as follows:
"(1) To promote the lifelong health of disabled veterans and
disabled members of the Armed Forces through regular
participation in physical activity and sports.
"(2) To enhance the recreation activities provided by the
Department of Veterans Affairs by promoting disabled sports from
the local level through elite levels and by creating partnerships
among organizations specializing in supporting, training, and
promoting programs for disabled veterans.
"(3) To provide training and support to national and local
organizations to provide Paralympic sports training to disabled
veterans and disabled members of the Armed Forces in their own
communities.
"(4) To provide support to the United States Paralympics, Inc.,
to increase the participation of disabled veterans and disabled
members of the Armed Forces in sports."
-End-
-CITE-
38 USC CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
-HEAD-
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
-MISC1-
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.
521A. Assistance for United States Paralympics, Inc.
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.
532. Authority to advertise in national media.
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.
546. Advisory Committee on Disability Compensation.
AMENDMENTS
2008 - Pub. L. 110-389, title II, Sec. 214(b), title VII, Sec.
702(b), title VIII, Sec. 809(b), Oct. 10, 2008, 122 Stat. 4154,
4183, 4190, added items 521A, 532, and 546.
1998 - Pub. L. 105-368, title IX, Sec. 906(b), title X, Sec.
1001(a)(2), Nov. 11, 1998, 112 Stat. 3362, 3363, added items 530
and 531.
1997 - Pub. L. 105-114, title I, Sec. 101(a)(2), Nov. 21, 1997,
111 Stat. 2279, added item 516.
1996 - Pub. L. 104-262, title III, Sec. 333(a)(2), Oct. 9, 1996,
110 Stat. 3200, added item 545.
1994 - Pub. L. 103-446, title V, Sec. 510(b), Nov. 2, 1994, 108
Stat. 4670, added item 544.
1992 - Pub. L. 102-405, title I, Sec. 105(b)(2), Oct. 9, 1992,
106 Stat. 1976, added item 543.
-End-
-CITE-
38 USC SUBCHAPTER I - GENERAL AUTHORITIES 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER I - GENERAL AUTHORITIES
-HEAD-
SUBCHAPTER I - GENERAL AUTHORITIES
-End-
-CITE-
38 USC Sec. 501 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER I - GENERAL AUTHORITIES
-HEAD-
Sec. 501. Rules and regulations
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 386.)
-MISC1-
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, Sec. 2(a).
-End-
-CITE-
38 USC Sec. 502 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER I - GENERAL AUTHORITIES
-HEAD-
Sec. 502. Judicial review of rules and regulations
-STATUTE-
An action of the Secretary to which section 552(a)(1) or 553 of
title 5 (or both) refers 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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 386;
amended Pub. L. 110-389, title I, Sec. 102, Oct. 10, 2008, 122
Stat. 4148.)
-MISC1-
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,
Sec. 2(a).
AMENDMENTS
2008 - Pub. L. 110-389 struck out "(other than an action relating
to the adoption or revision of the schedule of ratings for
disabilities adopted under section 1155 of this title)" after
"refers".
-End-
-CITE-
38 USC Sec. 503 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER I - GENERAL AUTHORITIES
-HEAD-
Sec. 503. Administrative error; equitable relief
-STATUTE-
(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. No
report shall be required under this subsection after December 31,
2014.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 386;
amended Pub. L. 106-419, title IV, Sec. 403(c)(1), Nov. 1, 2000,
114 Stat. 1864; Pub. L. 109-233, title IV, Sec. 403, June 15, 2006,
120 Stat. 411; Pub. L. 111-275, title VIII, Sec. 808, Oct. 13,
2010, 124 Stat. 2893.)
-MISC1-
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, Sec. 2(a).
AMENDMENTS
2010 - Subsec. (c). Pub. L. 111-275 substituted "December 31,
2014" for "December 31, 2009".
2006 - Subsec. (c). Pub. L. 109-233 substituted "December 31,
2009" for "December 31, 2004".
2000 - Subsec. (c). Pub. L. 106-419 inserted at end "No report
shall be required under this subsection after December 31, 2004."
-End-
-CITE-
38 USC Sec. 505 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER I - GENERAL AUTHORITIES
-HEAD-
Sec. 505. Opinions of Attorney General
-STATUTE-
The Secretary may require the opinion of the Attorney General on
any question of law arising in the administration of the
Department.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 387.)
-MISC1-
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,
Sec. 2(a).
-End-
-CITE-
38 USC Sec. 510 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER I - GENERAL AUTHORITIES
-HEAD-
Sec. 510. Authority to reorganize offices
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 387;
amended Pub. L. 104-262, title III, Sec. 304, Oct. 9, 1996, 110
Stat. 3194.)
-MISC1-
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, Sec. 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, Sec. 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, Sec. 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]."
-End-
-CITE-
38 USC Sec. 511 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER I - GENERAL AUTHORITIES
-HEAD-
Sec. 511. Decisions of the Secretary; finality
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 388.)
-MISC1-
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,
Sec. 2(a).
-CROSS-
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.
-End-
-CITE-
38 USC Sec. 512 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER I - GENERAL AUTHORITIES
-HEAD-
Sec. 512. Delegation of authority; assignment of functions and
duties
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 389.)
-MISC1-
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, Sec.
2(a).
-End-
-CITE-
38 USC Sec. 513 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER I - GENERAL AUTHORITIES
-HEAD-
Sec. 513. Contracts and personal services
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 389.)
-MISC1-
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, Sec.
2(a).
-End-
-CITE-
38 USC Sec. 515 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER I - GENERAL AUTHORITIES
-HEAD-
Sec. 515. Administrative settlement of tort claims
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 389.)
-MISC1-
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, Sec. 2(a).
-End-
-CITE-
38 USC Sec. 516 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER I - GENERAL AUTHORITIES
-HEAD-
Sec. 516. Equal employment responsibilities
-STATUTE-
(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 45 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.
-SOURCE-
(Added Pub. L. 105-114, title I, Sec. 101(a)(1), Nov. 21, 1997, 111
Stat. 2278; amended Pub. L. 105-368, title IV, Sec. 403(d)(2), Nov.
11, 1998, 112 Stat. 3339; Pub. L. 108-170, title IV, Sec. 405(a),
Dec. 6, 2003, 117 Stat. 2063.)
-MISC1-
AMENDMENTS
2003 - Subsec. (e)(1)(A). Pub. L. 108-170 substituted "45 days"
for "30 days".
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."
-End-
-CITE-
38 USC SUBCHAPTER II - SPECIFIED FUNCTIONS 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER II - SPECIFIED FUNCTIONS
-HEAD-
SUBCHAPTER II - SPECIFIED FUNCTIONS
-End-
-CITE-
38 USC Sec. 521 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER II - SPECIFIED FUNCTIONS
-HEAD-
Sec. 521. Assistance to certain rehabilitation activities
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 390.)
-MISC1-
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, Sec.
2(a).
-End-
-CITE-
38 USC Sec. 521A 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER II - SPECIFIED FUNCTIONS
-HEAD-
Sec. 521A. Assistance for United States Paralympics, Inc.
-STATUTE-
(a) Authorization to Provide Assistance. - The Secretary may
award grants to the United States Paralympics, Inc., to plan,
develop, manage, and implement an integrated adaptive sports
program for disabled veterans and disabled members of the Armed
Forces.
(b) Oversight by Secretary. - As a condition of receiving a grant
under this section, the United States Paralympics, Inc., shall
permit the Secretary to conduct such oversight of the use of grant
funds as the Secretary determines is appropriate. The United States
Paralympics, Inc., shall be responsible for the use of grant funds
provided under this section.
(c) Application Requirement. - (1) Before the Secretary may award
a grant to the United States Paralympics, Inc., under this section,
the United States Paralympics, Inc., shall submit to the Secretary
an application that describes the activities to be carried out with
the grant, including information on specific measurable goals and
objectives to be achieved using grant funds.
(2) The application shall include -
(A) a detailed description of all partnerships referred to in
paragraph (3) at the national and local levels that will be
participating in such activities and the amount of grant funds
that the United States Paralympics, Inc., proposes to make
available for each of such partnerships; and
(B) for any fiscal year for which a grant is sought, the amount
of private donations received by the United States Paralympics,
Inc., expected to be expended to support operations during that
fiscal year.
(3) Partnerships referred to in this paragraph are agreements
between the United States Paralympics, Inc., and organizations with
significant experience in the training and support of disabled
athletes and the promotion of disabled sports at the local and
national levels. Such organizations may include Disabled Sports
USA, Blaze Sports, Paralyzed Veterans of America, and Disabled
American Veterans. The agreements shall detail the scope of
activities and funding to be provided by the United States
Paralympics, Inc., to the partner.
(d) Use of Funds. - (1) The United States Paralympics, Inc., with
the assistance and cooperation of the Secretary and the heads of
other appropriate Federal and State departments and agencies and
partnerships referred to in subsection (c)(3), shall use a grant
under this section to reimburse grantees with which the United
States Paralympics, Inc., has entered into a partnership under
subsection (c) for the direct costs of recruiting, supporting,
equipping, encouraging, scheduling, facilitating, supervising, and
implementing the participation of disabled veterans and disabled
members of the Armed Forces in the activities described in
paragraph (3) by supporting a program described in paragraph (2).
(2) A program described in this paragraph is a sports program
that -
(A) promotes basic physical activity, games, recreation,
training, and competition;
(B) is approved by the Secretary; and
(C)(i) provides services and activities described in paragraph
(3) for disabled veterans and disabled members of the Armed
Forces; and
(ii) may also provide services and activities described in
paragraph (3) for individuals with disabilities who are not
veterans or members of the Armed Forces, or both; except that
funds made available to carry out this section may not be used to
support those individuals with disabilities who are not veterans
or members of the Armed Forces.
(3) Activities described in this paragraph are -
(A) instruction, participation, and competition in Paralympic
sports;
(B) training and technical assistance to program
administrators, coaches, recreational therapists, instructors,
Department employees, and other appropriate individuals; and
(C) coordination, Paralympic classification of athletes,
athlete assessment, sport-specific training techniques, program
development (including programs at the local level), sports
equipment, supplies, program evaluation, and other activities
related to the implementation and operation of the program.
(4) A grant made under this section may include, at the
discretion of the Secretary, an amount for the administrative
expenses of the United States Paralympics, Inc., but not to exceed
five percent of the amount of the grant.
(5) Funds made available by the United States Paralympics, Inc.,
to a grantee under subsection (c) may include an amount for
administrative expenses, but not to exceed ten percent of the
amount of such funds.
(e) Outreach Requirement. - As a condition of receiving a grant
under this section, the United States Paralympics, Inc., shall
agree to conduct a joint outreach campaign with the Secretary of
Veterans Affairs to inform all eligible veterans and separating
members of the Armed Forces with physical disabilities about the
existence of the integrated adaptive sports program, as
appropriate, and shall provide for, facilitate, and encourage
participation of such veterans and separating members of the Armed
Forces in programs under this section to the extent possible.
(f) Coordination. - The Secretary shall ensure access to and use
of appropriate Department sports, recreation, and fitness
facilities by disabled veterans and disabled members of the Armed
Forces participating in the integrated adaptive sports program to
the maximum extent possible. The Secretary shall ensure that such
access does not adversely affect any other assistance provided to
veterans.
(g) Authorization of Appropriations. - There is authorized to be
appropriated $8,000,000 for each of fiscal years 2010 through 2013
to carry out this section. Amounts appropriated pursuant to this
subsection shall remain available without fiscal year limitation.
(h) Separate Accounting. - The Department shall have a separate
line item in budget proposals of the Department for funds to be
appropriated to carry out this section. Funds appropriated to carry
out this section shall not be commingled with any other funds
appropriated to the Department.
(i) Limitation on Use of Funds. - Except as provided in
paragraphs (4) and (5) of subsection (d), funds appropriated to
carry out this section may not be used to support or provide
services to individuals who are not disabled veterans or disabled
members of the Armed Forces.
(j) Annual Report to Secretary. - (1) As a condition of receiving
a grant under this section, the United States Paralympics, Inc.,
shall agree that by not later than 60 days after the last day of a
fiscal year for which a grant is provided under this section, the
United States Paralympics, Inc., shall submit to the Secretary a
report setting forth in detail the use of the grant funds during
that fiscal year, including the number of veterans who participated
in the integrated adaptive sports program, including any programs
carried out through a partnership under subsection (c)(3), and the
administrative expenses of the integrated adaptive sports program.
(2) A report under this subsection may be audited by the
Secretary.
(3) For any fiscal year after fiscal year 2010, the eligibility
of the United States Paralympics, Inc., to receive a grant under
this section shall be contingent upon the submission of the report
under paragraph (1) for the preceding fiscal year.
(k) Annual Report to Congress. - For any fiscal year during which
the Secretary provides assistance under this section, the Secretary
shall submit to Congress a report on the use of funds provided
under this section.
(l) Termination. - The Secretary may only provide assistance
under this section during fiscal years 2010 through 2013.
-SOURCE-
(Added Pub. L. 110-389, title VII, Sec. 702(a), Oct. 10, 2008, 122
Stat. 4181.)
-MISC1-
DEADLINE FOR MEMORANDUM OF UNDERSTANDING
Pub. L. 110-389, title VII, Sec. 702(c), Oct. 10, 2008, 122 Stat.
4183, provided that: "The Secretary of Veterans Affairs may not
award a grant under section 521A of title 38, United States Code,
as added by subsection (a), until the United States Paralympics,
Inc., and the Secretary have entered into a memorandum of
understanding or cooperative agreement regarding implementation of
the integrated adaptive sports program under that section. To the
extent feasible, such memorandum or agreement shall be concluded
not later than 240 days after the date of the enactment of this Act
[Oct. 10, 2008]."
ASSISTANCE AT SPORTING EVENTS
Pub. L. 110-389, title VII, Sec. 703(c), Oct. 10, 2008, 122 Stat.
4185, provided that: "The Secretary of Veterans Affairs shall
direct the Under Secretary for Health of the Department of Veterans
Affairs -
"(1) to make available, to the extent determined appropriate by
the Secretary, recreational therapists, physical therapists, and
other medical staff to facilitate participation of veterans in
sporting events conducted under the auspices of the United States
Paralympics, Inc.; and
"(2) to allow such personnel to provide support to the programs
of the United States Paralympics, Inc., without requiring the use
of personal leave."
-End-
-CITE-
38 USC Sec. 522 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER II - SPECIFIED FUNCTIONS
-HEAD-
Sec. 522. Studies of rehabilitation of disabled persons
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 390.)
-MISC1-
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, Sec.
2(a).
-End-
-CITE-
38 USC Sec. 523 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER II - SPECIFIED FUNCTIONS
-HEAD-
Sec. 523. Coordination and promotion of other programs affecting
veterans and their dependents
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 390.)
-MISC1-
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, Sec.
2(a).
PILOT PROGRAM ON USE OF COMMUNITY-BASED ORGANIZATIONS AND LOCAL AND
STATE GOVERNMENT ENTITIES TO ENSURE THAT VETERANS RECEIVE CARE AND
BENEFITS FOR WHICH THEY ARE ELIGIBLE
Pub. L. 111-163, title V, Sec. 506, May 5, 2010, 124 Stat. 1160,
provided that:
"(a) Pilot Program Required. - The Secretary of Veterans Affairs
shall carry out a pilot program to assess the feasibility and
advisability of using community-based organizations and local and
State government entities -
"(1) to increase the coordination of community, local, State,
and Federal providers of health care and benefits for veterans to
assist veterans who are transitioning from military service to
civilian life in such transition;
"(2) to increase the availability of high quality medical and
mental health services to veterans transitioning from military
service to civilian life;
"(3) to provide assistance to families of veterans who are
transitioning from military service to civilian life to help such
families adjust to such transition; and
"(4) to provide outreach to veterans and their families to
inform them about the availability of benefits and connect them
with appropriate care and benefit programs.
"(b) Duration of Program. - The pilot program shall be carried
out during the 2-year period beginning on the date that is 180 days
after the date of the enactment of this Act [May 5, 2010].
"(c) Program Locations. -
"(1) In general. - The pilot program shall be carried out at
five locations selected by the Secretary for purposes of the
pilot program.
"(2) Considerations. - In selecting locations for the pilot
program, the Secretary shall consider the advisability of
selecting locations in -
"(A) rural areas;
"(B) areas with populations that have a high proportion of
minority group representation;
"(C) areas with populations that have a high proportion of
individuals who have limited access to health care; and
"(D) areas that are not in close proximity to an active duty
military installation.
"(d) Grants. - The Secretary shall carry out the pilot program
through the award of grants to community-based organizations and
local and State government entities.
"(e) Selection of Grant Recipients. -
"(1) In general. - A community-based organization or local or
State government entity seeking a grant under the pilot program
shall submit to the Secretary an application therefor in such
form and in such manner as the Secretary considers appropriate.
"(2) Elements. - Each application submitted under paragraph (1)
shall include the following:
"(A) A description of the consultations, if any, with the
Department of Veterans Affairs in the development of the
proposal under the application.
"(B) A plan to coordinate activities under the pilot program,
to the greatest extent possible, with the local, State, and
Federal providers of services for veterans to reduce
duplication of services and to enhance the effect of such
services.
"(f) Use of Grant Funds. - The Secretary shall prescribe
appropriate uses of grant funds received under the pilot program.
"(g) Report on Program. -
"(1) In general. - Not later than 180 days after the completion
of the pilot program, the Secretary shall submit to Congress a
report on the pilot program.
"(2) Elements. - The report required by paragraph (1) shall
include the following:
"(A) The findings and conclusions of the Secretary with
respect to the pilot program.
"(B) An assessment of the benefits to veterans of the pilot
program.
"(C) The recommendations of the Secretary as to the
advisability of continuing the pilot program."
-End-
-CITE-
38 USC Sec. 525 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER II - SPECIFIED FUNCTIONS
-HEAD-
Sec. 525. Publication of laws relating to veterans
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 391.)
-MISC1-
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, Sec.
2(a).
-End-
-CITE-
38 USC Sec. 527 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER II - SPECIFIED FUNCTIONS
-HEAD-
Sec. 527. Evaluation and data collection
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 391.)
-MISC1-
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, Sec.
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, Sec. 108, Nov. 2, 1994, 108
Stat. 4653; Pub. L. 105-368, title I, Secs. 104, 106, Nov. 11,
1998, 112 Stat. 3323, 3325; Pub. L. 111-163, title V, Sec. 502, May
5, 2010, 124 Stat. 1157, 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 July 1, 2010, and July 1 of
each of the five following years, 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, Sec. 107, Oct. 9, 1992, 106 Stat. 1976,
as amended by Pub. L. 103-446, title X, Sec. 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, Sec. 202(c)(2), Nov. 21, 1997, 111 Stat.
2287.
-End-
-CITE-
38 USC Sec. 529 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER II - SPECIFIED FUNCTIONS
-HEAD-
Sec. 529. Annual report to Congress
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 391.)
-MISC1-
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, Sec.
2(a).
Prior section 531, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137;
Pub. L. 90-77, title I, Sec. 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, Sec. 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.
-End-
-CITE-
38 USC Sec. 530 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER II - SPECIFIED FUNCTIONS
-HEAD-
Sec. 530. Annual report on program and expenditures for domestic
response to weapons of mass destruction
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 105-368, title IX, Sec. 906(a), Nov. 11, 1998, 112
Stat. 3361.)
-End-
-CITE-
38 USC Sec. 531 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER II - SPECIFIED FUNCTIONS
-HEAD-
Sec. 531. Requirement relating to naming of Department property
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 105-368, title X, Sec. 1001(a)(1), Nov. 11, 1998,
112 Stat. 3363.)
-MISC1-
EFFECTIVE DATE
Pub. L. 105-368, title X, Sec. 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]."
-End-
-CITE-
38 USC Sec. 532 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER II - SPECIFIED FUNCTIONS
-HEAD-
Sec. 532. Authority to advertise in national media
-STATUTE-
The Secretary may purchase advertising in national media outlets
for the purpose of promoting awareness of benefits under laws
administered by the Secretary, including promoting awareness of
assistance provided by the Secretary, including assistance for
programs to assist homeless veterans, to promote veteran-owned
small businesses, and to provide opportunities for employment in
the Department of Veterans Affairs and for education, training,
compensation, pension, vocational rehabilitation, and healthcare
benefits, and mental healthcare (including the prevention of
suicide among veterans).
-SOURCE-
(Added Pub. L. 110-389, title VIII, Sec. 809(a), Oct. 10, 2008, 122
Stat. 4189.)
-End-
-CITE-
38 USC SUBCHAPTER III - ADVISORY COMMITTEES 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER III - ADVISORY COMMITTEES
-HEAD-
SUBCHAPTER III - ADVISORY COMMITTEES
-End-
-CITE-
38 USC Sec. 541 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER III - ADVISORY COMMITTEES
-HEAD-
Sec. 541. Advisory Committee on Former Prisoners of War
-STATUTE-
(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 through
2009, 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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 392;
amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992,
106 Stat. 1984; Pub. L. 106-419, title IV, Sec. 403(c)(2), Nov. 1,
2000, 114 Stat. 1864; Pub. L. 108-454, title VIII, Sec. 803, Dec.
10, 2004, 118 Stat. 3626.)
-MISC1-
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, Sec.
2(a).
AMENDMENTS
2004 - Subsec. (c)(1). Pub. L. 108-454 substituted "2009" for
"2003".
2000 - Subsec. (c)(1). Pub. L. 106-419 inserted "through 2003"
after "each odd-numbered year" in introductory provisions.
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.
-End-
-CITE-
38 USC Sec. 542 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER III - ADVISORY COMMITTEES
-HEAD-
Sec. 542. Advisory Committee on Women Veterans
-STATUTE-
(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;
(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; and
(iv) women veterans who are recently separated from service in
the Armed Forces.
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 393;
amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992,
106 Stat. 1984; Pub. L. 104-275, title V, Sec. 501(e)(1), Oct. 9,
1996, 110 Stat. 3341; Pub. L. 106-419, title IV, Sec. 403(c)(3),
Nov. 1, 2000, 114 Stat. 1864; Pub. L. 109-444, Sec. 5, Dec. 21,
2006, 120 Stat. 3308; Pub. L. 109-461, title II, Sec. 208(b), title
X, Sec. 1006(b), Dec. 22, 2006, 120 Stat. 3413, 3468; Pub. L. 110-
387, title VIII, Sec. 808, Oct. 10, 2008, 122 Stat. 4141; Pub. L.
111-163, title II, Sec. 204(a), May 5, 2010, 124 Stat. 1144.)
-MISC1-
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, Sec.
2(a).
AMENDMENTS
2010 - Subsec. (a)(2)(A)(iv). Pub. L. 111-163 added cl. (iv).
2008 - Subsec. (c)(1). Pub. L. 110-387 struck out "through 2008"
after "year" in introductory provisions.
2006 - Subsec. (c)(1). Pub. L. 109-461, Sec. 1006(b), provided
that as of the enactment of Pub. L. 109-461, the amendments made by
Pub. L. 109-444 were deemed for all purposes not to have taken
effect and that Pub. L. 109-444 ceased to be in effect. See
Amendment notes below and section 1006(b) of Pub. L. 109-461, set
out as a Coordination of Provisions With Pub. L. 109-444 note under
section 101 of this title.
Pub. L. 109-461, Sec. 208(b), substituted "2008" for "2004" in
introductory provisions.
Pub. L. 109-444, which substituted "2008" for "2004" in
introductory provisions, was terminated by Pub. L. 109-461, Sec.
1006(b). See Amendment notes above.
2000 - Subsec. (c)(1). Pub. L. 106-419 inserted "through 2004"
after "each even-numbered year" in introductory provisions.
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-
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.
-MISC2-
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111-163, title II, Sec. 204(c), May 5, 2010, 124 Stat.
1144, provided that: "The amendments made by this section [amending
this section and section 544 of this title] shall apply to
appointments made on or after the date of the enactment of this Act
[May 5, 2010]."
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.
-End-
-CITE-
38 USC Sec. 543 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER III - ADVISORY COMMITTEES
-HEAD-
Sec. 543. Advisory Committee on Prosthetics and Special-
Disabilities Programs
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-405, title I, Sec. 105(b)(1), Oct. 9, 1992, 106
Stat. 1975.)
-MISC1-
PRIOR PROVISIONS
Prior section 543 was renumbered section 1543 of this title.
-CHANGE-
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."
-MISC2-
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.
-End-
-CITE-
38 USC Sec. 544 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER III - ADVISORY COMMITTEES
-HEAD-
Sec. 544. Advisory Committee on Minority Veterans
-STATUTE-
(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;
(iv) veterans who are minority group members and who do not
have such experience; and
(v) women veterans who are minority group members and are
recently separated from service in the Armed Forces.
(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, 2014.
-SOURCE-
(Added Pub. L. 103-446, title V, Sec. 510(a), Nov. 2, 1994, 108
Stat. 4668; amended Pub. L. 104-275, title V, Sec. 501(e)(2), (f),
Oct. 9, 1996, 110 Stat. 3341; Pub. L. 106-117, title VIII, Sec.
803, Nov. 30, 1999, 113 Stat. 1586; Pub. L. 108-183, title VII,
Sec. 703, Dec. 16, 2003, 117 Stat. 2671; Pub. L. 110-389, title
VIII, Sec. 808, Oct. 10, 2008, 122 Stat. 4189; Pub. L. 111-163,
title II, Sec. 204(b), May 5, 2010, 124 Stat. 1144.)
-MISC1-
PRIOR PROVISIONS
Prior section 544, added Pub. L. 90-77, title I, Sec. 108(a),
Aug. 31, 1967, 81 Stat. 180; amended Pub. L. 91-588, Sec. 3(a),
Dec. 24, 1970, 84 Stat. 1583; Pub. L. 93-527, Sec. 5, Dec. 21,
1974, 88 Stat. 1704; Pub. L. 94-169, title I, Sec. 105, Dec. 23,
1975, 89 Stat. 1017; Pub. L. 94-432, title II, Sec. 205, Sept. 30,
1976, 90 Stat. 1371; Pub. L. 95-204, title I, Sec. 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, Sec. 112(a)(1), title IV,
Sec. 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, Sec. 4, Aug. 29, 1950, 73 Stat. 434. See sections 1542 and
1543 of this title.
AMENDMENTS
2010 - Subsec. (a)(2)(A)(v). Pub. L. 111-163 added cl. (v).
2008 - Subsec. (e). Pub. L. 110-389 substituted "December 31,
2014" for "December 31, 2009".
2003 - Subsec. (e). Pub. L. 108-183 substituted "December 31,
2009" for "December 31, 2003".
1999 - Subsec. (e). Pub. L. 106-117 substituted "December 31,
2003" for "December 31, 1999".
1996 - Subsec. (b). Pub. L. 104-275, Sec. 501(e)(2), inserted ",
including the Center for Minority Veterans" before period at end.
Subsec. (e). Pub. L. 104-275, Sec. 501(f), substituted "December
31, 1999" for "December 31, 1997".
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111-163 applicable to appointments made on
or after May 5, 2010, see section 204(c) of Pub. L. 111-163, set
out as a note under section 542 of this title.
-End-
-CITE-
38 USC Sec. 545 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER III - ADVISORY COMMITTEES
-HEAD-
Sec. 545. Advisory Committee on the Readjustment of Veterans
-STATUTE-
(a)(1) There is in the Department the Advisory Committee on the
Readjustment of Veterans (hereinafter 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.
-SOURCE-
(Added Pub. L. 104-262, title III, Sec. 333(a)(1), Oct. 9, 1996,
110 Stat. 3199; amended Pub. L. 107-14, Sec. 8(a)(16), June 5,
2001, 115 Stat. 35.)
-REFTEXT-
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.
-MISC1-
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, Sec. 4, Aug. 29, 1959,
73 Stat. 434. See section 1543 of this title.
AMENDMENTS
2001 - Subsec. (a)(1). Pub. L. 107-14 substituted "hereinafter"
for "hereafter".
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, Sec. 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."
-End-
-CITE-
38 USC Sec. 546 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER III - ADVISORY COMMITTEES
-HEAD-
Sec. 546. Advisory Committee on Disability Compensation
-STATUTE-
(a) Establishment. - (1) There is in the Department the Advisory
Committee on Disability Compensation (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 experience with the provision of disability
compensation by the Department; or
(B) are leading medical or scientific experts in relevant
fields.
(3)(A) Except as provided in subparagraph (B), the Secretary
shall determine the terms of service and pay and allowances of the
members of the Committee.
(B) A term of service may not exceed four years and shall be
staggered to ensure that the dates for the termination of the
members' terms are not all the same.
(C) The Secretary may reappoint any member for one or more
additional terms of service.
(4) The Secretary shall select a Chair from among the members of
the Committee.
(b) Responsibilities of Committee. - (1) The Secretary shall, on
a regular basis, consult with and seek the advice of the Committee
with respect to the maintenance and periodic readjustment of the
schedule for rating disabilities under section 1155 of this title.
(2)(A) In providing advice to the Secretary under this
subsection, the Committee shall -
(i) assemble and review relevant information relating to the
needs of veterans with disabilities;
(ii) provide information relating to the nature and character
of disabilities arising from service in the Armed Forces;
(iii) provide an on-going assessment of the effectiveness of
the schedule for rating disabilities; and
(iv) provide on-going advice on the most appropriate means of
responding to the needs of veterans relating to disability
compensation 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) Resources. - The Secretary shall ensure that appropriate
personnel, funding, and other resources are provided to the
Committee to carry out its responsibilities.
(d) Biennial Reports to the Secretary. - (1) Not later than
October 31, 2010, and not less frequently than every two years
thereafter, the Committee shall submit to the Secretary a report on
the programs and activities of the Department that relate to the
payment of disability compensation. Each such report shall include -
(A) an assessment of the needs of veterans with respect to
disability compensation; and
(B) such recommendations (including recommendations for
administrative or legislative action) as the Committee considers
appropriate.
(2) The Committee may submit to the Secretary such other reports
and recommendations as the Committee considers appropriate.
(e) Biennial Reports to Congress. - (1) Not later than 90 days
after the receipt of a report required under subsection (d)(1), the
Secretary shall transmit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House of
Representatives a copy of such report, together with such comments
and recommendations concerning such report as the Secretary
considers appropriate.
(2) The Secretary shall submit with each report required under
paragraph (1) a summary of all reports and recommendations of the
Committee submitted to the Secretary under subsection (d)(2) since
the previous report transmitted by the Secretary under paragraph
(1) of this subsection.
(f) Applicability of Federal Advisory Committee Act. - (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.
-SOURCE-
(Added Pub. L. 110-389, title II, Sec. 214(a), Oct. 10, 2008, 122
Stat. 4152.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in subsec. (f),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, which is set out in
the Appendix to Title 5, Government Organization and Employees.
-MISC1-
PRIOR PROVISIONS
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, Sec. 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, Sec. 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, Sec. 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, Secs. 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, Sec. 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, Sec. 2, Sept. 30, 1966, 80 Stat. 859; Pub. L. 91-24, Sec.
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, Sec. 2(a), Dec. 30,
1969, 83 Stat. 836; amended Pub. L. 93-82, title IV, Sec. 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, Secs. 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.
-End-
-CITE-
38 USC CHAPTER 7 - EMPLOYEES 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 7 - EMPLOYEES
-HEAD-
CHAPTER 7 - EMPLOYEES
-MISC1-
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. Repealed.]
AMENDMENTS
2001 - Pub. L. 107-103, title V, Sec. 509(a)(2), Dec. 27, 2001,
115 Stat. 997, struck out item 712 "Full-time equivalent positions:
limitation on reduction".
1994 - Pub. L. 103-446, title XI, Sec. 1102(b), Nov. 2, 1994, 108
Stat. 4681, added item 712.
-End-
-CITE-
38 USC Sec. 701 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 7 - EMPLOYEES
-HEAD-
Sec. 701. Placement of employees in military installations
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 394.)
-MISC1-
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, Sec.
2(a).
-End-
-CITE-
38 USC Sec. 703 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 7 - EMPLOYEES
-HEAD-
Sec. 703. Miscellaneous authorities respecting employees
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 394.)
-MISC1-
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, Sec.
2(a).
-End-
-CITE-
38 USC Sec. 705 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 7 - EMPLOYEES
-HEAD-
Sec. 705. Telephone service for medical officers and facility
directors
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 395.)
-MISC1-
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, Sec.
2(a).
-End-
-CITE-
38 USC Sec. 707 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 7 - EMPLOYEES
-HEAD-
Sec. 707. Benefits for employees at overseas offices who are United
States citizens
-STATUTE-
(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.).
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 395;
amended Pub. L. 104-201, div. A, title XVII, Sec. 1723(a)(2), Sept.
23, 1996, 110 Stat. 2759.)
-REFTEXT-
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 (Sec. 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.
-MISC1-
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, Sec.
2(a).
AMENDMENTS
1996 - Subsec. (a)(6). Pub. L. 104-201, Sec. 1723(a)(2)(A),
substituted "Section 5724a(c)" for "Section 5724a(a)(3)".
Subsec. (a)(7). Pub. L. 104-201, Sec. 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.
-EXEC-
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.
-End-
-CITE-
38 USC Sec. 709 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 7 - EMPLOYEES
-HEAD-
Sec. 709. Employment restrictions
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 395;
amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992,
106 Stat. 1984.)
-MISC1-
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, Sec. 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".
-End-
-CITE-
38 USC Sec. 711 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 7 - EMPLOYEES
-HEAD-
Sec. 711. Grade reductions
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 396;
amended Pub. L. 103-446, title XII, Sec. 1201(e)(5), Nov. 2, 1994,
108 Stat. 4685; Pub. L. 104-316, title I, Sec. 119, Oct. 19, 1996,
110 Stat. 3836.)
-MISC1-
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, Sec. 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".
-End-
-CITE-
38 USC Sec. 712 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 7 - EMPLOYEES
-HEAD-
Sec. 712. Repealed.
-MISC1-
[Sec. 712. Repealed. Pub. L. 107-103, title V, Sec. 509(a)(1), Dec.
27, 2001, 115 Stat. 997].
Section, added Pub. L. 103-446, title XI, Sec. 1102(a), Nov. 2,
1994, 108 Stat. 4680; amended Pub. L. 104-262, title III, Sec. 303,
Oct. 9, 1996, 110 Stat. 3194; Pub. L. 105-33, title VIII, Sec.
8023(e), Aug. 5, 1997, 111 Stat. 667; Pub. L. 105-368, title X,
Sec. 1005(b)(1), Nov. 11, 1998, 112 Stat. 3364, limited reduction
of full-time equivalent positions in the Department of Veterans
Affairs during the period beginning on Nov. 2, 1994, and ending on
Sept. 30, 1999.
-End-
-CITE-
38 USC CHAPTER 9 - SECURITY AND LAW ENFORCEMENT ON
PROPERTY UNDER THE JURISDICTION OF THE
DEPARTMENT 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 9 - SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE
JURISDICTION OF THE DEPARTMENT
-HEAD-
CHAPTER 9 - SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE
JURISDICTION OF THE DEPARTMENT
-MISC1-
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.
-End-
-CITE-
38 USC Sec. 901 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 9 - SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE
JURISDICTION OF THE DEPARTMENT
-HEAD-
Sec. 901. Authority to prescribe rules for conduct and penalties
for violations
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 397.)
-MISC1-
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,
Sec. 2(a).
-End-
-CITE-
38 USC Sec. 902 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 9 - SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE
JURISDICTION OF THE DEPARTMENT
-HEAD-
Sec. 902. Enforcement and arrest authority of Department police
officers
-STATUTE-
(a)(1) Employees of the Department who are Department police
officers shall, with respect to acts occurring on Department
property -
(A) enforce Federal laws;
(B) enforce the rules prescribed under section 901 of this
title;
(C) enforce traffic and motor vehicle laws of a State or local
government (by issuance of a citation for violation of such laws)
within the jurisdiction of which such Department property is
located as authorized by an express grant of authority under
applicable State or local law;
(D) carry the appropriate Department-issued weapons, including
firearms, while off Department property in an official capacity
or while in an official travel status;
(E) conduct investigations, on and off Department property, of
offenses that may have been committed on property under the
original jurisdiction of Department, consistent with agreements
or other consultation with affected Federal, State, or local law
enforcement agencies; and
(F) carry out, as needed and appropriate, the duties described
in subparagraphs (A) through (E) when engaged in duties
authorized by other Federal statutes.
(2) 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, and on any arrest warrant issued by
competent judicial authority.
(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 powers granted to Department police officers designated
under this section shall be exercised in accordance with guidelines
approved by the Secretary and the Attorney General.
(d) Rates of basic pay for Department police officers may be
increased by the Secretary under section 7455 of this title.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 397;
amended Pub. L. 111-163, title X, Sec. 1001, May 5, 2010, 124 Stat.
1181.)
-MISC1-
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,
Sec. 2(a).
AMENDMENTS
2010 - Subsec. (a)(1). Pub. L. 111-163, Sec. 1001(1)(A), amended
par. (1) generally. Prior to amendment, par. (1) read as follows:
"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."
Subsec. (a)(2), (3). Pub. L. 111-163, Sec. 1001(1)(B), (C),
redesignated par. (3) as (2), inserted ", and on any arrest warrant
issued by competent judicial authority" before the period, and
struck out former par. (2) which read as follows: "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."
Subsec. (c). Pub. L. 111-163, Sec. 1001(2), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: "The
Secretary shall consult with the Attorney General before
prescribing regulations under paragraph (1) of subsection (b)."
-End-
-CITE-
38 USC Sec. 903 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 9 - SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE
JURISDICTION OF THE DEPARTMENT
-HEAD-
Sec. 903. Uniform allowance
-STATUTE-
(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)(1) The amount of the allowance that the Secretary may pay
under this section is the lesser of -
(A) the amount currently allowed as prescribed by the Office of
Personnel Management; or
(B) estimated costs or actual costs as determined by periodic
surveys conducted by the Department.
(2) During any fiscal year no officer shall receive more for the
purchase of a uniform described in subsection (a) than the amount
established under this subsection.
(c) The allowance established under subsection (b) shall be paid
at the beginning of a Department police officer's employment for
those appointed on or after October 1, 2010. In the case of any
other Department police officer, an allowance in the amount
established under subsection (b) 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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 398;
amended Pub. L. 111-163, title X, Sec. 1002, May 5, 2010, 124 Stat.
1182.)
-MISC1-
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,
Sec. 2(a).
AMENDMENTS
2010 - Subsecs. (b), (c). Pub. L. 111-163 added subsecs. (b) and
(c) and struck out former subsecs. (b) and (c) which read as
follows:
"(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."
-End-
-CITE-
38 USC Sec. 904 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 9 - SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE
JURISDICTION OF THE DEPARTMENT
-HEAD-
Sec. 904. Equipment and weapons
-STATUTE-
The Secretary shall furnish Department police officers with such
weapons and related equipment as the Secretary determines to be
necessary and appropriate.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 399.)
-MISC1-
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,
Sec. 2(a).
-End-
-CITE-
38 USC Sec. 905 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 9 - SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE
JURISDICTION OF THE DEPARTMENT
-HEAD-
Sec. 905. Use of facilities and services of other law enforcement
agencies
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 399.)
-MISC1-
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,
Sec. 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.
-End-
-CITE-
38 USC PART II - GENERAL BENEFITS 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
-HEAD-
PART II - GENERAL BENEFITS
-MISC1-
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 and
Certain Other Veterans 1802
19. Insurance 1901
20. Benefits for Homeless Veterans 2001
21. Specially Adapted Housing for Disabled Veterans 2101
23. Burial Benefits 2301
24. National Cemeteries and Memorials 2400
AMENDMENTS
2003 - Pub. L. 108-183, title I, Sec. 102(e)(2), Dec. 16, 2003,
117 Stat. 2655, substituted "Benefits for Children of Vietnam
Veterans and Certain Other Veterans" for "Benefits for Children of
Vietnam Veterans" in item for chapter 18.
2001 - Pub. L. 107-95, Sec. 5(a)(2), Dec. 21, 2001, 115 Stat.
918, added item for chapter 20.
2000 - Pub. L. 106-419, title IV, Sec. 401(f)(2), Nov. 1, 2000,
114 Stat. 1861, substituted "Benefits for Children of Vietnam
Veterans" and "1802" for "Benefits for Children of Vietnam Veterans
Who Are Born With Spina Bifida" and "1801", respectively, in item
for chapter 18.
1996 - Pub. L. 104-204, title IV, Sec. 421(b)(2), Sept. 26, 1996,
110 Stat. 2926, added item for chapter 18.
1991 - Pub. L. 102-83, Sec. 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, Sec. 203(a), Oct. 21, 1976, 90
Stat. 2856, inserted "Nursing Home," in item for chapter 17.
1973 - Pub. L. 93-43, Sec. 2(b), June 18, 1973, 87 Stat. 78,
added item for chapter 24.
-End-
-CITE-
38 USC CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED
DISABILITY OR DEATH 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
-HEAD-
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
-MISC1-
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;
presumption of exposure for veterans who served in
the Republic of Vietnam.
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.
1156. Temporary disability ratings.
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
2008 - Pub. L. 110-389, title II, Sec. 211(c), Oct. 10, 2008, 122
Stat. 4151, added item 1156.
2001 - Pub. L. 107-103, title II, Sec. 201(c)(2)(B), Dec. 27,
2001, 115 Stat. 988, substituted "Presumptions of service
connection for diseases associated with exposure to certain
herbicide agents; presumption of exposure for veterans who served
in the Republic of Vietnam" for "Presumptions of service connection
for diseases associated with exposure to certain herbicide agents"
in item 1116.
1998 - Pub. L. 105-368, title X, Sec. 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, Sec. 1602(a)(2), Oct. 21,
1998, 112 Stat. 2681-744, added item 1118.
Pub. L. 105-178, title VIII, Sec. 8202(a)(2), as added by Pub. L.
105-206, title IX, Sec. 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, Sec. 8031(a)(2), Aug. 5, 1997,
111 Stat. 668, added item 1103 "Cost-of-living adjustments".
1994 - Pub. L. 103-446, title I, Sec. 106(a)(2), Nov. 2, 1994,
108 Stat. 4651, added item 1117.
1992 - Pub. L. 102-568, title IV, Sec. 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, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406,
renumbered items 301 to 363 as 1101 to 1163, respectively.
Pub. L. 102-4, Sec. 2(a)(2), Feb. 6, 1991, 105 Stat. 13, added
item 316.
1986 - Pub. L. 99-576, title I, Sec. 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, Sec. 111(a)(2), Oct. 24, 1984, 98
Stat. 2739, added item 363.
1982 - Pub. L. 97-295, Sec. 4(9), Oct. 12, 1982, 96 Stat. 1305,
added item 361.
1976 - Pub. L. 94-433, title IV, Secs. 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, Sec. 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, Secs. 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, Sec. 3(c), Aug. 12, 1970, 84 Stat. 789,
inserted reference to disabilities in item 312.
1966 - Pub. L. 89-358, Sec. 7(b), Mar. 3, 1966, 80 Stat. 27,
added item 337.
1965 - Pub. L. 89-311, Sec. 3(c), Oct. 31, 1965, 79 Stat. 1155,
inserted reference to bilateral deafness in item 360.
1962 - Pub. L. 87-610, Sec. 2, Aug. 28, 1962, 76 Stat. 406, added
item 360.
1960 - Pub. L. 86-501, Sec. 2, June 10, 1960, 74 Stat. 195, added
item 359.
-End-
-CITE-
38 USC SUBCHAPTER I - GENERAL 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER I - GENERAL
-HEAD-
SUBCHAPTER I - GENERAL
-End-
-CITE-
38 USC Sec. 1101 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1101. Definitions
-STATUTE-
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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1118, Sec. 301; Pub. L. 94-
433, title IV, Secs. 401(2), (3), 404(1), Sept. 30, 1976, 90 Stat.
1377, 1378; Pub. L. 98-160, title VII, Sec. 702(2), Nov. 21, 1983,
97 Stat. 1009; Pub. L. 100-322, title III, Sec. 313, May 20, 1988,
102 Stat. 535; renumbered Sec. 1101 and amended Pub. L. 102-83,
Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 301 of this
title as this section.
Pars. (3), (4). Pub. L. 102-83, Sec. 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, Sec. 404(1), substituted
"such veteran" for "him" in subpars. (A) and (B).
Par. (3). Pub. L. 94-433, Sec. 401(2), substituted "Hansen's
disease" for "Leprosy".
Par. (4). Pub. L. 94-433, Sec. 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, Sec. 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.]
VETERANS' DISABILITY BENEFITS COMMISSION
Pub. L. 108-136, div. A, title XV, Nov. 24, 2003, 117 Stat. 1676,
as amended by Pub. L. 109-163, div. A, title V, Sec. 590, Jan. 6,
2006, 119 Stat. 3279, provided that:
"SEC. 1501. ESTABLISHMENT OF COMMISSION.
"(a) Establishment of Commission. - There is hereby established a
commission to be known as the Veterans' Disability Benefits
Commission (hereinafter in this title referred to as the
'commission').
"(b) Membership. - (1) The commission shall be composed of 13
members, appointed as follows:
"(A) Two members appointed by the Speaker of the House of
Representatives, at least one of whom shall be a veteran who was
awarded a decoration specified in paragraph (2).
"(B) Two members appointed by the minority leader of the House
of Representatives, at least one of whom shall be a veteran who
was awarded a decoration specified in paragraph (2).
"(C) Two members appointed by the majority leader of the
Senate, at least one of whom shall be a veteran who was awarded a
decoration specified in paragraph (2).
"(D) Two members appointed by the minority leader of the
Senate, at least one of whom shall be a veteran who was awarded a
decoration specified in paragraph (2).
"(E) Five members appointed by the President, at least three of
whom shall be veterans who were awarded a decoration specified in
paragraph (2).
"(2) A decoration specified in this paragraph is any of the
following:
"(A) The Medal of Honor.
"(B) The Distinguished Service Cross, the Navy Cross, or the
Air Force Cross.
"(C) The Silver Star.
"(3) A vacancy in the Commission shall be filled in the manner in
which the original appointment was made.
"(4) The appointment of members of the commission under this
subsection shall be made not later than 60 days after the date of
the enactment of this Act [Nov. 24, 2003].
"(c) Period of Appointment. - Members of the commission shall be
appointed for the life of the commission. A vacancy in the
commission shall not affect its powers.
"(d) Initial Meeting. - The commission shall hold its first
meeting not later than 30 days after the date on which a majority
of the members of the commission have been appointed.
"(e) Meetings. - The commission shall meet at the call of the
chairman.
"(f) Quorum. - A majority of the members of the commission shall
constitute a quorum, but a lesser number may hold hearings.
"(g) Chairman. - The President shall designate a member of the
commission to be chairman of the commission.
"SEC. 1502. DUTIES OF THE COMMISSION.
"(a) Study. - The commission shall carry out a study of the
benefits under the laws of the United States that are provided to
compensate and assist veterans and their survivors for disabilities
and deaths attributable to military service.
"(b) Scope of Study. - In carrying out the study, the commission
shall examine and make recommendations concerning the following:
"(1) The appropriateness of such benefits under the laws in
effect on the date of the enactment of this Act [Nov. 24, 2003].
"(2) The appropriateness of the level of such benefits.
"(3) The appropriate standard or standards for determining
whether a disability or death of a veteran should be compensated.
"(c) Contents of Study. - The study to be carried out by the
commission under this section shall be a comprehensive evaluation
and assessment of the benefits provided under the laws of the
United States to compensate veterans and their survivors for
disability or death attributable to military service, together with
any related issues that the commission determines are relevant to
the purposes of the study. The study shall include an evaluation
and assessment of the following:
"(1) The laws and regulations which determine eligibility for
disability and death benefits, and other assistance for veterans
and their survivors.
"(2) The rates of such compensation, including the
appropriateness of a schedule for rating disabilities based on
average impairment of earning capacity.
"(3) Comparable disability benefits provided to individuals by
the Federal Government, State governments, and the private
sector.
"(d) Consultation With Institute of Medicine. - In carrying out
the study under this section, the commission shall consult with the
Institute of Medicine of the National Academy of Sciences with
respect to the medical aspects of contemporary disability
compensation policies.
"SEC. 1503. REPORT.
"Not later than October 1, 2007, the commission shall submit to
the President and Congress a report on the study. The report shall
include the following:
"(1) The findings and conclusions of the commission, including
its findings and conclusions with respect to the matters referred
to in section 1502(c).
"(2) The recommendations of the commission for revising the
benefits provided by the United States to veterans and their
survivors for disability and death attributable to military
service.
"(3) Other information and recommendations with respect to such
benefits as the commission considers appropriate.
"SEC. 1504. POWERS OF THE 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. - In addition to the
information referred to in section 1502(c), the commission may
secure directly from any Federal department or agency such
information as the commission considers necessary to carry out the
provisions of this title. Upon request of the chairman of the
commission, the head of such department or agency shall furnish
such information to the commission.
"(c) 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 Federal Government.
"(d) Gifts. - The commission may accept, use, and dispose of
gifts or donations of services or property.
"SEC. 1505. PERSONNEL MATTERS.
"(a) Compensation of Members. - Each member of the commission who
is not an officer or employee of the United States shall 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 the member is engaged in the
performance of the duties of the commission. All members of the
commission who are officers or employees of the United States shall
serve without compensation in addition to that received for their
services as officers or employees of the United States.
"(b) Travel Expenses. - The members of the commission shall 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 the civil service laws and regulations, appoint an
executive director and such other personnel as may be necessary to
enable the commission to perform its duties. The appointment of an
executive director shall be subject to approval 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 personnel 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 Federal department or
agency may detail, on a nonreimbursable basis, any personnel of
that department or agency to the commission to assist it 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 V of the
Executive Schedule under section 5316 of such title.
"SEC. 1506. TERMINATION OF COMMISSION.
"The commission shall terminate 60 days after the date on which
the commission submits its report under section 1503.
"SEC. 1507. FUNDING.
"(a) In General. - The Secretary of Veterans Affairs 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.
"(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."
TREATMENT OF CERTAIN INCOME OF ALASKA NATIVES FOR PURPOSES OF
NEED-BASED BENEFITS
Pub. L. 103-446, title V, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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 [former] chapter 3 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, Sec. 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, Sec. 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.
-End-
-CITE-
38 USC Sec. 1102 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1102. Special provisions relating to surviving spouses
-STATUTE-
(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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, Sec. 302; Pub. L. 86-
491, June 8, 1960, 74 Stat. 161; Pub. L. 90-77, title I, Sec.
101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-433, title IV, Sec.
404(2)-(4), Sept. 30, 1976, 90 Stat. 1378; renumbered Sec. 1102 and
amended Pub. L. 102-83, Secs. 4(a)(1), 5(a), Aug. 6, 1991, 105
Stat. 403, 406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 302 of this
title as this section.
Subsec. (b). Pub. L. 102-83, Sec. 4(a)(1), substituted
"administered by the Secretary" for "administered by the Veterans'
Administration".
1976 - Pub. L. 94-433, Sec. 404(4), substituted "surviving
spouses" for "widows" in section catchline.
Subsec. (a). Pub. L. 94-433, Sec. 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, Sec. 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.
-End-
-CITE-
38 USC Sec. 1103 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1103. Special provisions relating to claims based upon effects
of tobacco products
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 105-178, title VIII, Sec. 8202(a)(1), as added Pub.
L. 105-206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat. 865.)
-MISC1-
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, Sec. 8202(b), as amended by Pub. L.
105-206, title IX, Sec. 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]."
-End-
-CITE-
38 USC Sec. 1104 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1104. Cost-of-living adjustments
-STATUTE-
(a) In the computation of cost-of-living adjustments for fiscal
years 1998 through 2013 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)).
-SOURCE-
(Added Pub. L. 105-33, title VIII, Sec. 8031(a)(1), Aug. 5, 1997,
111 Stat. 668, Sec. 1103; renumbered Sec. 1104, Pub. L. 105-368,
title X, Sec. 1005(a), Nov. 11, 1998, 112 Stat. 3364; amended Pub.
L. 107-103, title II, Sec. 205, Dec. 27, 2001, 115 Stat. 990; Pub.
L. 108-183, title VII, Sec. 706, Dec. 16, 2003, 117 Stat. 2672.)
-REFTEXT-
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 (Sec. 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.
-MISC1-
AMENDMENTS
2003 - Subsec. (a). Pub. L. 108-183 substituted "2013" for
"2011".
2001 - Subsec. (a). Pub. L. 107-103 substituted "2011" for
"2002".
1998 - Pub. L. 105-368 renumbered section 1103 of this title as
this section.
-End-
-CITE-
38 USC SUBCHAPTER II - WARTIME DISABILITY COMPENSATION 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER II - WARTIME DISABILITY COMPENSATION
-HEAD-
SUBCHAPTER II - WARTIME DISABILITY COMPENSATION
-End-
-CITE-
38 USC Sec. 1110 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER II - WARTIME DISABILITY COMPENSATION
-HEAD-
Sec. 1110. Basic entitlement
-STATUTE-
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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, Sec. 310; Pub. L.
101-508, title VIII, Sec. 8052(a)(2), Nov. 5, 1990, 104 Stat. 1388-
351; renumbered Sec. 1110, Pub. L. 102-83, Sec. 5(a), Aug. 6,
1991, 105 Stat. 406; Pub. L. 105-178, title VIII, Sec. 8202(a),
June 9, 1998, 112 Stat. 492; Pub. L. 105-206, title IX, Sec.
9014(a), July 22, 1998, 112 Stat. 865.)
-MISC1-
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, Sec. 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.
-End-
-CITE-
38 USC Sec. 1111 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER II - WARTIME DISABILITY COMPENSATION
-HEAD-
Sec. 1111. Presumption of sound condition
-STATUTE-
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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, Sec. 311; renumbered
Sec. 1111 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 311 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1110" for "310".
-End-
-CITE-
38 USC Sec. 1112 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER II - WARTIME DISABILITY COMPENSATION
-HEAD-
Sec. 1112. Presumptions relating to certain diseases and
disabilities
-STATUTE-
(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)(1) 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 -
(A) a disease specified in paragraph (2) 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; and
(B) if the veteran was detained or interned as a prisoner of
war for not less than thirty days, a disease specified in
paragraph (3) 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.
(2) The diseases specified in this paragraph are the following:
(A) Psychosis.
(B) Any of the anxiety states.
(C) Dysthymic disorder (or depressive neurosis).
(D) Organic residuals of frostbite, if the Secretary determines
that the veteran was detained or interned in climatic conditions
consistent with the occurrence of frostbite.
(E) Post-traumatic osteoarthritis.
(F) Osteoporosis, if the Secretary determines that the veteran
has post-traumatic stress disorder (PTSD).
(3) The diseases specified in this paragraph are the following:
(A) Avitaminosis.
(B) Beriberi (including beriberi heart disease).
(C) Chronic dysentery.
(D) Helminthiasis.
(E) Malnutrition (including optic atrophy associated with
malnutrition).
(F) Pellagra.
(G) Any other nutritional deficiency.
(H) Cirrhosis of the liver.
(I) Peripheral neuropathy except where directly related to
infectious causes.
(J) Irritable bowel syndrome.
(K) Peptic ulcer disease.
(L) Atherosclerotic heart disease or hypertensive vascular
disease (including hypertensive heart disease) and their
complications (including myocardial infarction, congestive heart
failure and arrhythmia).
(M) Stroke and its complications.
(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.
(P) Bronchiolo-alveolar carcinoma.
(Q) Cancer of the bone.
(R) Cancer of the brain.
(S) Cancer of the colon.
(T) Cancer of the lung.
(U) Cancer of the ovary.
(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.
(iv) Service in a capacity which, if performed as an employee
of the Department of Energy, would qualify the individual for
inclusion as a member of the Special Exposure Cohort under
section 3621(14) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384l(14)).
(4) A radiation-exposed veteran who receives a payment under the
provisions of the Radiation Exposure Compensation Act of 1990 (42
U.S.C. 2210 note) shall not be deprived, by reason of the receipt
of that payment, of receipt of compensation to which that veteran
is entitled by reason of paragraph (1), but there shall be deducted
from payment of such compensation the amount of the payment under
that Act.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120, Sec. 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, Sec. 3, Sept. 7, 1962, 76 Stat. 442;
Pub. L. 91-376, Sec. 3(a), (b), Aug. 12, 1970, 84 Stat. 788, 789;
Pub. L. 97-37, Sec. 4(a), Aug. 14, 1981, 95 Stat. 936; Pub. L. 98-
223, title I, Secs. 101(c), 111, Mar. 2, 1984, 98 Stat. 38, 40;
Pub. L. 99-576, title I, Sec. 108(a), Oct. 28, 1986, 100 Stat.
3252; Pub. L. 100-321, Sec. 2(a), May 20, 1988, 102 Stat. 485; Pub.
L. 100-322, title III, Sec. 312, May 20, 1988, 102 Stat. 534;
renumbered Sec. 1112 and amended Pub. L. 102-83, Secs. 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-
86, title I, Secs. 104(a), 105, Aug. 14, 1991, 105 Stat. 415; Pub.
L. 102-578, Sec. 2(a), Oct. 30, 1992, 106 Stat. 4774; Pub. L. 103-
446, title V, Sec. 501(a), Nov. 2, 1994, 108 Stat. 4663; Pub. L.
106-117, title V, Sec. 503, Nov. 30, 1999, 113 Stat. 1575; Pub. L.
108-183, title II, Sec. 201, Dec. 16, 2003, 117 Stat. 2656; Pub. L.
108-454, title III, Secs. 302(a), 306(a), (b), Dec. 10, 2004, 118
Stat. 3610, 3612; Pub. L. 109-233, title IV, Sec. 401, June 15,
2006, 120 Stat. 407; Pub. L. 110-389, title I, Sec. 106, Oct. 10,
2008, 122 Stat. 4149.)
-REFTEXT-
REFERENCES IN TEXT
The Radiation Exposure Compensation Act, referred to in subsec.
(c)(4), is Pub. L. 101-426, Oct. 15, 1990, 104 Stat. 920, as
amended, which is set out as a note under section 2210 of Title 42,
The Public Health and Welfare.
-MISC1-
AMENDMENTS
2008 - Subsec. (b)(2)(F). Pub. L. 110-389 added subpar. (F).
2006 - Subsec. (b)(3)(L), (M). Pub. L. 109-233 added subpars. (L)
and (M).
2004 - Subsec. (c)(2)(Q) to (U). Pub. L. 108-454, Sec. 306(a),
added subpars. (Q) to (U).
Subsec. (c)(3)(B)(iv). Pub. L. 108-454, Sec. 306(b), added cl.
(iv).
Subsec. (c)(4). Pub. L. 108-454, Sec. 302(a), added par. (4).
2003 - Subsec. (b). Pub. L. 108-183 amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: "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."
1999 - Subsec. (c)(2)(P). Pub. L. 106-117 added subpar. (P).
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, Sec. 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, Sec. 2(a)(2), added
subpars. (N) and (O).
Subsec. (c)(3), (4). Pub. L. 102-578, Sec. 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, Sec. 5(a), renumbered section 312 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1110" for
"310" and "1113" for "313" in introductory provisions.
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1110" for
"310" and "1113" for "313" in introductory provisions.
Subsec. (b)(11). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator".
Subsec. (c)(1). Pub. L. 102-86, Sec. 105(1), amended subsec.
(c)(1) of this section as in effect before the redesignations made
by Pub. L. 102-83, Sec. 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, Sec. 5(c)(1), substituted "1110" for "310" and
"1113" for "313".
Subsec. (c)(3). Pub. L. 102-86, Sec. 104(a), amended subsec.
(c)(3) of this section as in effect before the redesignations made
by Pub. L. 102-83, Sec. 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, Sec. 105(2), amended subsec.
(c)(4)(A) of this section as in effect before the redesignations
made by Pub. L. 102-83, Sec. 5, by inserting "(i)" after "means"
and adding cl. (ii).
Subsec. (c)(4)(B)(iii). Pub. L. 102-83, Sec. 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, Sec. 101(c),
substituted "percent" for "per centum".
Subsec. (b). Pub. L. 98-223, Sec. 111, added par. (10).
Pub. L. 98-223, Sec. 101(c), substituted "percent" for "per
centum" in provision following par. (10).
1981 - Subsecs. (b), (c). Pub. L. 97-37, Sec. 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 2004 AMENDMENT
Pub. L. 108-454, title III, Sec. 302(c), Dec. 10, 2004, 118 Stat.
3610, provided that: "Paragraph (4) of section 1112(c) of title 38,
United States Code, as added by subsection (a), shall take effect
with respect to compensation payments for months beginning after
March 26, 2002. Subsection (c) of section 1310 of such title, as
added by subsection (b), shall take effect with respect to
dependency and indemnity compensation payments for months beginning
after March 26, 2002."
Pub. L. 108-454, title III, Sec. 306(c), Dec. 10, 2004, 118 Stat.
3612, provided that: "The amendments made by this section [amending
this section] shall take effect as of March 26, 2002."
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 (Secs. 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."
-End-
-CITE-
38 USC Sec. 1113 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER II - WARTIME DISABILITY COMPENSATION
-HEAD-
Sec. 1113. Presumptions rebuttable
-STATUTE-
(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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120, Sec. 313; Pub. L.
102-4, Sec. 2(b), Feb. 6, 1991, 105 Stat. 13; renumbered Sec. 1113
and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105
Stat. 406; Pub. L. 103-446, title I, Sec. 106(b), title V, Sec.
501(b)(1), Nov. 2, 1994, 108 Stat. 4651, 4663; Pub. L. 105-277,
div. C, title XVI, Sec. 1602(b), Oct. 21, 1998, 112 Stat. 2681-
744.)
-MISC1-
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, Sec. 1602(b)(1), substituted "1117,
or 1118" for "or 1117".
1994 - Subsec. (a). Pub. L. 103-446, Sec. 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, Sec. 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, Sec. 106(b)(1), substituted "section 1112, 1116,
or 1117" for "section 1112 or 1116".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 313 of this
title as this section.
Pub. L. 102-83, Sec. 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]."
-End-
-CITE-
38 USC Sec. 1114 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER II - WARTIME DISABILITY COMPENSATION
-HEAD-
Sec. 1114. Rates of wartime disability compensation
-STATUTE-
For the purposes of section 1110 of this title -
(a) if and while the disability is rated 10 percent the monthly
compensation shall be $123;
(b) if and while the disability is rated 20 percent the monthly
compensation shall be $243;
(c) if and while the disability is rated 30 percent the monthly
compensation shall be $376;
(d) if and while the disability is rated 40 percent the monthly
compensation shall be $541;
(e) if and while the disability is rated 50 percent the monthly
compensation shall be $770;
(f) if and while the disability is rated 60 percent the monthly
compensation shall be $974;
(g) if and while the disability is rated 70 percent the monthly
compensation shall be $1,228;
(h) if and while the disability is rated 80 percent the monthly
compensation shall be $1,427;
(i) if and while the disability is rated 90 percent the monthly
compensation shall be $1,604;
(j) if and while the disability is rated as total the monthly
compensation shall be $2,673;
(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,
has suffered complete organic aphonia with constant inability to
communicate by speech, or deafness of both ears, having absence
of air and bone conduction, or, in the case of a woman veteran,
has suffered the anatomical loss of 25 percent or more of tissue
from a single breast or both breasts in combination (including
loss by mastectomy or partial mastectomy) or has received
radiation treatment of breast tissue, the rate of compensation
therefor shall be $96 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 $3,327 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 $96 per month for
each such loss or loss of use, but in no event to exceed $4,667
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
with such significant disabilities as to be in need of regular
aid and attendance, the monthly compensation shall be $3,327;
(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 with factors preventing natural knee
action with prostheses in place, or of one arm and one leg with
factors 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 significantly disabled as to be in need
of regular aid and attendance, the monthly compensation shall be
$3,671;
(n) if the veteran, as the result of service-connected
disability, has suffered the anatomical loss or loss of use of
both arms with factors preventing natural elbow action with
prostheses in place, has suffered the anatomical loss of both
legs with factors that prevent the use of prosthetic appliances,
or has suffered the anatomical loss of one arm and one leg with
factors that 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 $4,176;
(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 20/200 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 with
factors that prevent the use of prosthetic appliances, the
monthly compensation shall be $4,667;
(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 $4,667. 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 $4,667. 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 $4,667. 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
$4,667. 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, Sec. 4(a), Aug. 19, 1968, 82
Stat. 809.]
(r) Subject to section 5503(c) 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 $2,002; 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 $2,983, 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 $2,993. 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.
(t) Subject to section 5503(c) of this title, if any veteran,
as the result of service-connected disability, is in need of
regular aid and attendance for the residuals of traumatic brain
injury, is not eligible for compensation under subsection (r)(2),
and in the absence of such regular aid and attendance would
require hospitalization, nursing home care, or other residential
institutional care, the veteran shall be paid, in addition to any
other compensation under this section, a monthly aid and
attendance allowance equal to the rate described in subsection
(r)(2), which for purposes of section 1134 of this title shall be
considered as additional compensation payable for disability. An
allowance authorized under this subsection shall be paid in lieu
of any allowance authorized by subsection (r)(1).
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120, Sec. 314; Pub. L. 85-
782, Sec. 2, Aug. 27, 1958, 72 Stat. 936; Pub. L. 86-663, Sec. 1,
July 14, 1960, 74 Stat. 528; Pub. L. 87-645, Secs. 1(a), 2(a),
Sept. 7, 1962, 76 Stat. 441; Pub. L. 88-20, Sec. 1, May 15, 1963,
77 Stat. 17; Pub. L. 88-22, Sec. 1, May 15, 1963, 77 Stat. 18; Pub.
L. 89-311, Secs. 1(a), 3(d), (e), Oct. 31, 1965, 79 Stat. 1154,
1155; Pub. L. 90-77, title IV, Sec. 401, Aug. 31, 1967, 81 Stat.
190; Pub. L. 90-493, Secs. 1(a), 4(a), Aug. 19, 1968, 82 Stat. 808,
809; Pub. L. 91-376, Sec. 1(a), Aug. 12, 1970, 84 Stat. 787; Pub.
L. 92-328, title I, Sec. 101(a), June 30, 1972, 86 Stat. 393; Pub.
L. 93-295, title I, Sec. 101(a), May 31, 1974, 88 Stat. 181; Pub.
L. 94-71, title I, Sec. 101(a), Aug. 5, 1975, 89 Stat. 395; Pub. L.
94-433, title I, Sec. 101(a), title IV, Secs. 401(4), (5), 404(6)-
(8), Sept. 30, 1976, 90 Stat. 1374, 1377, 1378; Pub. L. 95-117,
title I, Sec. 101(a), Oct. 3, 1977, 91 Stat. 1063; Pub. L. 95-479,
title I, Sec. 101(a)-(d), Oct. 18, 1978, 92 Stat. 1560, 1561; Pub.
L. 96-128, title I, Secs. 101(a), 104, 105, Nov. 28, 1979, 93 Stat.
982, 984; Pub. L. 96-385, title I, Sec. 101(a), Oct. 7, 1980, 94
Stat. 1528; Pub. L. 97-66, title I, Secs. 101(a), 104, Oct. 17,
1981, 95 Stat. 1026, 1027; Pub. L. 97-253, title IV, Secs. 404(a),
405(b), Sept. 8, 1982, 96 Stat. 803; Pub. L. 97-306, title I, Secs.
101(a), 107, 111(a), (b), Oct. 14, 1982, 96 Stat. 1429, 1431, 1432;
Pub. L. 98-223, title I, Secs. 101(a), 112, Mar. 2, 1984, 98 Stat.
37, 40; Pub. L. 98-543, title I, Sec. 101(a), Oct. 24, 1984, 98
Stat. 2735; Pub. L. 99-238, title I, Sec. 101(a), Jan. 13, 1986, 99
Stat. 1765; Pub. L. 99-576, title I, Secs. 101(a), 109(b), Oct. 28,
1986, 100 Stat. 3250, 3253; Pub. L. 100-227, title I, Sec. 101(a),
Dec. 31, 1987, 101 Stat. 1552; Pub. L. 100-687, div. B, title XI,
Sec. 1101(a), Nov. 18, 1988, 102 Stat. 4123; Pub. L. 101-237, title
I, Sec. 101(a), Dec. 18, 1989, 103 Stat. 2062; Pub. L. 102-3, Sec.
2(a), Feb. 6, 1991, 105 Stat. 7; Pub. L. 102-40, title IV, Sec.
402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 1114 and
amended Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1), (2)(E), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-152, Sec.
2(a), Nov. 12, 1991, 105 Stat. 985; Pub. L. 103-78, Sec. 1, Aug.
13, 1993, 107 Stat. 767; Pub. L. 103-140, Sec. 2, Nov. 11, 1993,
107 Stat. 1485; Pub. L. 105-98, Sec. 2(a), Nov. 19, 1997, 111 Stat.
2155; Pub. L. 106-118, Sec. 2(a), Nov. 30, 1999, 113 Stat. 1601;
Pub. L. 106-419, title III, Sec. 302, Nov. 1, 2000, 114 Stat. 1853;
Pub. L. 107-94, Sec. 2(a), Dec. 21, 2001, 115 Stat. 900; Pub. L.
107-103, title II, Sec. 204(b)(1), Dec. 27, 2001, 115 Stat. 990;
Pub. L. 107-330, title I, Sec. 102, title III, Sec. 309(a), Dec. 6,
2002, 116 Stat. 2821, 2829; Pub. L. 108-454, title III, Sec.
307(a), Dec. 10, 2004, 118 Stat. 3612; Pub. L. 109-111, Sec. 2(a),
Nov. 22, 2005, 119 Stat. 2362; Pub. L. 109-233, title V, Sec.
502(1), (2), June 15, 2006, 120 Stat. 415; Pub. L. 109-444, Sec.
9(a), Dec. 21, 2006, 120 Stat. 3314; Pub. L. 109-461, title X,
Secs. 1005(a), 1006(b), Dec. 22, 2006, 120 Stat. 3466, 3468; Pub.
L. 110-157, title I, Sec. 101, Dec. 26, 2007, 121 Stat. 1831; Pub.
L. 110-324, Sec. 3(a), Sept. 24, 2008, 122 Stat. 3550; Pub. L. 111-
37, Sec. 3(a), June 30, 2009, 123 Stat. 1928; Pub. L. 111-275,
title VI, Sec. 601(a), (b)(1), title X, Sec. 1001(b), Oct. 13,
2010, 124 Stat. 2884, 2896.)
-MISC1-
AMENDMENTS
2010 - Subsec. (m). Pub. L. 111-275, Sec. 601(a)(1), substituted
"both legs with factors" for "both legs at a level, or with
complications," and "one leg with factors" for "one leg at levels,
or with complications,".
Subsec. (n). Pub. L. 111-275, Sec. 601(a)(2), substituted "both
arms with factors" for "both arms at levels, or with
complications,", "both legs with factors that" for "both legs so
near the hip as to", and "one leg with factors that" for "one leg
so near the shoulder and hip as to".
Subsec. (o). Pub. L. 111-275, Sec. 601(a)(3), substituted "with
factors that" for "so near the shoulder as to".
Subsec. (p). Pub. L. 111-275, Sec. 601(b)(1)(A), substituted a
period for the semicolon at end.
Subsec. (r)(2). Pub. L. 111-275, Sec. 1001(b), substituted
"$2,983" for "$$2,983".
Subsec. (t). Pub. L. 111-275, Sec. 601(b)(1)(B), added subsec.
(t).
2009 - Subsec. (a). Pub. L. 111-37, Sec. 3(a)(1), substituted
"$123" for "$117".
Subsec. (b). Pub. L. 111-37, Sec. 3(a)(2), substituted "$243" for
"$230".
Subsec. (c). Pub. L. 111-37, Sec. 3(a)(3), substituted "$376" for
"$356".
Subsec. (d). Pub. L. 111-37, Sec. 3(a)(4), substituted "$541" for
"$512".
Subsec. (e). Pub. L. 111-37, Sec. 3(a)(5), substituted "$770" for
"$728".
Subsec. (f). Pub. L. 111-37, Sec. 3(a)(6), substituted "$974" for
"$921".
Subsec. (g). Pub. L. 111-37, Sec. 3(a)(7), substituted "$1,228"
for "$1,161".
Subsec. (h). Pub. L. 111-37, Sec. 3(a)(8), substituted "$1,427"
for "$1,349".
Subsec. (i). Pub. L. 111-37, Sec. 3(a)(9), substituted "$1,604"
for "$1,517".
Subsec. (j). Pub. L. 111-37, Sec. 3(a)(10), substituted "$2,673"
for "$2,527".
Subsec. (k). Pub. L. 111-37, Sec. 3(a)(11), substituted "$96" for
"$91" in two places and substituted "$3,327" and "$4,667" for
"$3,145" and "$4,412", respectively.
Subsec. (l). Pub. L. 111-37, Sec. 3(a)(12), substituted "$3,327"
for "$3,145".
Subsec. (m). Pub. L. 111-37, Sec. 3(a)(13), substituted "$3,671"
for "$3,470".
Subsec. (n). Pub. L. 111-37, Sec. 3(a)(14), substituted "$4,176"
for "$3,948".
Subsecs. (o), (p). Pub. L. 111-37, Sec. 3(a)(15), substituted
"$4,667" for "$4,412" wherever appearing.
Subsec. (r)(1). Pub. L. 111-37, Sec. 3(a)(16), substituted
"$2,002" for "$1,893".
Subsec. (r)(2). Pub. L. 111-37, Sec. 3(a)(16), substituted
"$2,983" for "$2,820".
Subsec. (s). Pub. L. 111-37, Sec. 3(a)(17), substituted "$2,993"
for "$2,829".
2008 - Subsec. (a). Pub. L. 110-324, Sec. 3(a)(1), substituted
"$117" for "$115".
Subsec. (b). Pub. L. 110-324, Sec. 3(a)(2), substituted "$230"
for "$225".
Subsec. (c). Pub. L. 110-324, Sec. 3(a)(3), substituted "$356"
for "$348".
Subsec. (d). Pub. L. 110-324, Sec. 3(a)(4), substituted "$512"
for "$501".
Subsec. (e). Pub. L. 110-324, Sec. 3(a)(5), substituted "$728"
for "$712".
Subsec. (f). Pub. L. 110-324, Sec. 3(a)(6), substituted "$921"
for "$901".
Subsec. (g). Pub. L. 110-324, Sec. 3(a)(7), substituted "$1,161"
for "$1,135".
Subsec. (h). Pub. L. 110-324, Sec. 3(a)(8), substituted "$1,349"
for "$1,319".
Subsec. (i). Pub. L. 110-324, Sec. 3(a)(9), substituted "$1,517"
for "$1,483".
Subsec. (j). Pub. L. 110-324, Sec. 3(a)(10), substituted "$2,527"
for "$2,471".
Subsec. (k). Pub. L. 110-324, Sec. 3(a)(11), substituted "$91"
for "$89" in two places and substituted "$3,145" and "$4,412" for
"$3,075" and "$4,313", respectively.
Subsec. (l). Pub. L. 110-324, Sec. 3(a)(12), substituted "$3,145"
for "$3,075".
Subsec. (m). Pub. L. 110-324, Sec. 3(a)(13), substituted "$3,470"
for "$3,392".
Subsec. (n). Pub. L. 110-324, Sec. 3(a)(14), substituted "$3,948"
for "$3,860".
Subsecs. (o), (p). Pub. L. 110-324, Sec. 3(a)(15), substituted
"$4,412" for "$4,313" wherever appearing.
Subsec. (r)(1). Pub. L. 110-324, Sec. 3(a)(16), substituted
"$1,893" for "$1,851".
Subsec. (r)(2). Pub. L. 110-324, Sec. 3(a)(16), substituted
"$2,820" for "$2,757".
Subsec. (s). Pub. L. 110-324, Sec. 3(a)(17), substituted "$2,829"
for "$2,766".
2007 - Subsec. (o). Pub. L. 110-157 substituted "20/200" for
"5/200".
2006 - Pub. L. 109-461, Sec. 1006(b), provided that as of the
enactment of Pub. L. 109-461, the amendments made by Pub. L. 109-
444 were deemed for all purposes not to have taken effect and that
Pub. L. 109-444 ceased to be in effect. See Amendment notes below
and section 1006(b) of Pub. L. 109-461, set out as a Coordination
of Provisions With Pub. L. 109-444 note under section 101 of this
title.
Subsec. (a). Pub. L. 109-461, Sec. 1005(a)(1), substituted "$115"
for "$112".
Pub. L. 109-444, Sec. 9(a)(1), which substituted "$115" for
"$112", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (b). Pub. L. 109-461, Sec. 1005(a)(2), substituted "$225"
for "$218".
Pub. L. 109-444, Sec. 9(a)(2), which substituted "$225" for
"$218", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (c). Pub. L. 109-461, Sec. 1005(a)(3), substituted "$348"
for "$337".
Pub. L. 109-444, Sec. 9(a)(3), which substituted "$348" for
"$337", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (d). Pub. L. 109-461, Sec. 1005(a)(4), substituted "$501"
for "$485".
Pub. L. 109-444, Sec. 9(a)(4), which substituted "$501" for
"$485", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (e). Pub. L. 109-461, Sec. 1005(a)(5), substituted "$712"
for "$690".
Pub. L. 109-444, Sec. 9(a)(5), which substituted "$712" for
"$690", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (f). Pub. L. 109-461, Sec. 1005(a)(6), substituted "$901"
for "$873".
Pub. L. 109-444, Sec. 9(a)(6), which substituted "$901" for
"$873", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (g). Pub. L. 109-461, Sec. 1005(a)(7), substituted
"$1,135" for "$1,099".
Pub. L. 109-444, Sec. 9(a)(7), which substituted "$1,135" for
"$1,099", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (h). Pub. L. 109-461, Sec. 1005(a)(8), substituted
"$1,319" for "$1,277".
Pub. L. 109-444, Sec. 9(a)(8), which substituted "$1,319" for
"$1,277", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (i). Pub. L. 109-461, Sec. 1005(a)(9), substituted
"$1,483" for "$1,436".
Pub. L. 109-444, Sec. 9(a)(9), which substituted "$1,483" for
"$1,436", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (j). Pub. L. 109-461, Sec. 1005(a)(10), substituted
"$2,471" for "$2,393".
Pub. L. 109-444, Sec. 9(a)(10), which substituted "$2,471" for
"$2,393", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (k). Pub. L. 109-461, Sec. 1005(a)(11), substituted "$89"
for "$87" in two places and substituted "$3,075" and "$4,313" for
"$2,977" and "$4,176", respectively.
Pub. L. 109-444, Sec. 9(a)(11), which substituted "$89" for "$87"
in two places and substituted "$3,075" and "$4,313" for "$2,977"
and "$4,176", respectively, was terminated by Pub. L. 109-461, Sec.
1006(b). See Amendment notes above.
Subsec. (l). Pub. L. 109-461, Sec. 1005(a)(12), substituted
"$3,075" for "$2,977".
Pub. L. 109-444, Sec. 9(a)(12), which substituted "$3,075" for
"$2,977", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Pub. L. 109-233, Sec. 502(1), substituted "with such significant
disabilities" for "so helpless".
Subsec. (m). Pub. L. 109-461, Sec. 1005(a)(13), substituted
"$3,392" for "$3,284".
Pub. L. 109-444, Sec. 9(a)(13), which substituted "$3,392" for
"$3,284", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Pub. L. 109-233, Sec. 502(2), substituted "so significantly
disabled" for "so helpless".
Subsec. (n). Pub. L. 109-461, Sec. 1005(a)(14), substituted
"$3,860" for "$3,737".
Pub. L. 109-444, Sec. 9(a)(14), which substituted "$3,860" for
"$3,737", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsecs. (o), (p). Pub. L. 109-461, Sec. 1005(a)(15), substituted
"$4,313" for "$4,176" wherever appearing.
Pub. L. 109-444, Sec. 9(a)(15), which substituted "$4,313" for
"$4,176" wherever appearing, was terminated by Pub. L. 109-461,
Sec. 1006(b). See Amendment notes above.
Subsec. (r). Pub. L. 109-461, Sec. 1005(a)(16), substituted
"$1,851" and "$2,757" for "$1,792" and "2,669", respectively.
Pub. L. 109-444, Sec. 9(a)(16), which substituted "$1,851" and
"$2,757" for "$1,792" and "2,669", respectively, was terminated by
Pub. L. 109-461, Sec. 1006(b). See Amendment notes above.
Subsec. (s). Pub. L. 109-461, Sec. 1005(a)(17), substituted
"$2,766" for "$2,678".
Pub. L. 109-444, Sec. 9(a)(17), which substituted "$2,766" for
"$2,678", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
2005 - Subsec. (a). Pub. L. 109-111, Sec. 2(a)(1), substituted
"$112" for "$106".
Subsec. (b). Pub. L. 109-111, Sec. 2(a)(2), substituted "$218"
for "$205".
Subsec. (c). Pub. L. 109-111, Sec. 2(a)(3), substituted "$337"
for "$316".
Subsec. (d). Pub. L. 109-111, Sec. 2(a)(4), substituted "$485"
for "$454".
Subsec. (e). Pub. L. 109-111, Sec. 2(a)(5), substituted "$690"
for "$646".
Subsec. (f). Pub. L. 109-111, Sec. 2(a)(6), substituted "$873"
for "$817".
Subsec. (g). Pub. L. 109-111, Sec. 2(a)(7), substituted "$1,099"
for "$1,029".
Subsec. (h). Pub. L. 109-111, Sec. 2(a)(8), substituted "$1,277"
for "$1,195".
Subsec. (i). Pub. L. 109-111, Sec. 2(a)(9), substituted "$1,436"
for "$1,344".
Subsec. (j). Pub. L. 109-111, Sec. 2(a)(10), substituted "$2,393"
for "$2,239".
Subsec. (k). Pub. L. 109-111, Sec. 2(a)(11), substituted "$87"
for "$82" in two places and substituted "$2,977" and "$4,176" for
"$2,785" and "$3,907", respectively.
Subsec. (l). Pub. L. 109-111, Sec. 2(a)(12), substituted "$2,977"
for "$2,785".
Subsec. (m). Pub. L. 109-111, Sec. 2(a)(13), substituted "$3,284"
for "$3,073".
Subsec. (n). Pub. L. 109-111, Sec. 2(a)(14), substituted "$3,737"
for "$3,496".
Subsecs. (o), (p). Pub. L. 109-111, Sec. 2(a)(15), substituted
"$4,176" for "$3,907" wherever appearing.
Subsec. (r). Pub. L. 109-111, Sec. 2(a)(16), substituted "$1,792"
and "$2,669" for "$1,677" and "$2,497", respectively.
Subsec. (s). Pub. L. 109-111, Sec. 2(a)(17), substituted "$2,678"
for "$2,506".
2004 - Subsec. (a). Pub. L. 108-454, Sec. 307(a)(1), substituted
"$106" for "$104".
Subsec. (b). Pub. L. 108-454, Sec. 307(a)(2), substituted "$205"
for "$201".
Subsec. (c). Pub. L. 108-454, Sec. 307(a)(3), substituted "$316"
for "$310".
Subsec. (d). Pub. L. 108-454, Sec. 307(a)(4), substituted "$454"
for "$445".
Subsec. (e). Pub. L. 108-454, Sec. 307(a)(5), substituted "$646"
for "$633".
Subsec. (f). Pub. L. 108-454, Sec. 307(a)(6), substituted "$817"
for "$801".
Subsec. (g). Pub. L. 108-454, Sec. 307(a)(7), substituted
"$1,029" for "$1,008".
Subsec. (h). Pub. L. 108-454, Sec. 307(a)(8), substituted
"$1,195" for "$1,171".
Subsec. (i). Pub. L. 108-454, Sec. 307(a)(9), substituted
"$1,344" for "$1,317".
Subsec. (j). Pub. L. 108-454, Sec. 307(a)(10), substituted
"$2,239" for "$2,193".
Subsec. (k). Pub. L. 108-454, Sec. 307(a)(11), substituted "$82"
for "$81" in two places and substituted "$2,785" and "$3,907" for
"$2,728" and "$3,827", respectively.
Subsec. (l). Pub. L. 108-454, Sec. 307(a)(12), substituted
"$2,785" for "$2,728".
Subsec. (m). Pub. L. 108-454, Sec. 307(a)(13), substituted
"$3,073" for "$3,010".
Subsec. (n). Pub. L. 108-454, Sec. 307(a)(14), substituted
"$3,496" for "$3,425".
Subsecs. (o), (p). Pub. L. 108-454, Sec. 307(a)(15), substituted
"$3,907" for "$3,827" wherever appearing.
Subsec. (r). Pub. L. 108-454, Sec. 307(a)(16), substituted
"$1,677" and "$2,497" for "$1,643" and "$2,446", respectively.
Subsec. (s). Pub. L. 108-454, Sec. 307(a)(17), substituted
"$2,506" for "$2,455".
2002 - Subsec. (a). Pub. L. 107-330, Sec. 309(a)(1), substituted
"$104" for "$103".
Subsec. (b). Pub. L. 107-330, Sec. 309(a)(2), substituted "$201"
for "$199".
Subsec. (c). Pub. L. 107-330, Sec. 309(a)(3), substituted "$310"
for "$306".
Subsec. (d). Pub. L. 107-330, Sec. 309(a)(4), substituted "$445"
for "$439".
Subsec. (e). Pub. L. 107-330, Sec. 309(a)(5), substituted "$633"
for "$625".
Subsec. (f). Pub. L. 107-330, Sec. 309(a)(6), substituted "$801"
for "$790".
Subsec. (g). Pub. L. 107-330, Sec. 309(a)(7), substituted
"$1,008" for "$995".
Subsec. (h). Pub. L. 107-330, Sec. 309(a)(8), substituted
"$1,171" for "$1,155".
Subsec. (i). Pub. L. 107-330, Sec. 309(a)(9), substituted
"$1,317" for "$1,299".
Subsec. (j). Pub. L. 107-330, Sec. 309(a)(10), substituted
"$2,193" for "$2,163".
Subsec. (k). Pub. L. 107-330, Sec. 309(a)(11), substituted "$81"
for "$80" in two places and substituted "$2,728" and "$3,827" for
"$2,691" and "$3,775", respectively.
Pub. L. 107-330, Sec. 102, substituted "25 percent or more of
tissue from a single breast or both breasts in combination
(including loss by mastectomy or partial mastectomy) or has
received radiation treatment of breast tissue" for "one or both
breasts (including loss by mastectomy)".
Subsec. (l). Pub. L. 107-330, Sec. 309(a)(12), substituted
"$2,728" for "$2,691".
Subsec. (m). Pub. L. 107-330, Sec. 309(a)(13), substituted
"$3,010" for "$2,969".
Subsec. (n). Pub. L. 107-330, Sec. 309(a)(14), substituted
"$3,425" for "$3,378".
Subsecs. (o), (p). Pub. L. 107-330, Sec. 309(a)(15), substituted
"$3,827" for "$3,775" wherever appearing.
Subsec. (r). Pub. L. 107-330, Sec. 309(a)(16), substituted
"$1,643" and "$2,446" for "$1,621" and "$2,413", respectively.
Subsec. (s). Pub. L. 107-330, Sec. 309(a)(17), substituted
"$2,455" for "$2,422".
2001 - Subsec. (a). Pub. L. 107-94, Sec. 2(a)(1), substituted
"$103" for "$98".
Subsec. (b). Pub. L. 107-94, Sec. 2(a)(2), substituted "$199" for
"$188".
Subsec. (c). Pub. L. 107-94, Sec. 2(a)(3), substituted "$306" for
"$288".
Subsec. (d). Pub. L. 107-94, Sec. 2(a)(4), substituted "$439" for
"$413".
Subsec. (e). Pub. L. 107-94, Sec. 2(a)(5), substituted "$625" for
"$589".
Subsec. (f). Pub. L. 107-94, Sec. 2(a)(6), substituted "$790" for
"$743".
Subsec. (g). Pub. L. 107-94, Sec. 2(a)(7), substituted "$995" for
"$937".
Subsec. (h). Pub. L. 107-94, Sec. 2(a)(8), substituted "$1,155"
for "$1,087".
Subsec. (i). Pub. L. 107-94, Sec. 2(a)(9), substituted "$1,299"
for "$1,224".
Subsec. (j). Pub. L. 107-94, Sec. 2(a)(10), substituted "$2,163"
for "$2,036".
Subsec. (k). Pub. L. 107-94, Sec. 2(a)(11), substituted "$80" for
"$76" in two places, "$2,691" for "$2,533", and "$3,775" for
"$3,553".
Subsec. (l). Pub. L. 107-94, Sec. 2(a)(12), substituted "$2,691"
for "$2,533".
Subsec. (m). Pub. L. 107-94, Sec. 2(a)(13), substituted "$2,969"
for "$2,794".
Subsec. (n). Pub. L. 107-94, Sec. 2(a)(14), substituted "$3,378"
for "$3,179".
Subsecs. (o), (p). Pub. L. 107-94, Sec. 2(a)(15), substituted
"$3,775" for "$3,553" wherever appearing.
Subsec. (r). Pub. L. 107-103 substituted "section 5503(c)" for
"section 5503(e)" in introductory provisions.
Subsec. (r)(1). Pub. L. 107-94, Sec. 2(a)(16), substituted
"$1,621" for "$1,525".
Subsec. (r)(2). Pub. L. 107-94, Sec. 2(a)(16), substituted
"$2,413" for "$2,271".
Subsec. (s). Pub. L. 107-94, Sec. 2(a)(17), substituted "$2,422"
for "$2,280".
2000 - Subsec. (k). Pub. L. 106-419 substituted "has suffered
complete organic" for "or has suffered complete organic" and
inserted "or, in the case of a woman veteran, has suffered the
anatomical loss of one or both breasts (including loss by
mastectomy)," after "air and bone conduction,".
1999 - Subsec. (a). Pub. L. 106-118, Sec. 2(a)(1), substituted
"$98" for "$95".
Subsec. (b). Pub. L. 106-118, Sec. 2(a)(2), substituted "$188"
for "$182".
Subsec. (c). Pub. L. 106-118, Sec. 2(a)(3), substituted "$288"
for "$279".
Subsec. (d). Pub. L. 106-118, Sec. 2(a)(4), substituted "$413"
for "$399".
Subsec. (e). Pub. L. 106-118, Sec. 2(a)(5), substituted "$589"
for "$569".
Subsec. (f). Pub. L. 106-118, Sec. 2(a)(6), substituted "$743"
for "$717".
Subsec. (g). Pub. L. 106-118, Sec. 2(a)(7), substituted "$937"
for "$905".
Subsec. (h). Pub. L. 106-118, Sec. 2(a)(8), substituted "$1,087"
for "$1,049".
Subsec. (i). Pub. L. 106-118, Sec. 2(a)(9), substituted "$1,224"
for "$1,181".
Subsec. (j). Pub. L. 106-118, Sec. 2(a)(10), substituted "$2,036"
for "$1,964".
Subsec. (k). Pub. L. 106-118, Sec. 2(a)(11), substituted "$76"
for "$75" in two places and substituted "$2,533" and "$3,553" for
"$2,443" and "$3,426", respectively.
Subsec. (l). Pub. L. 106-118, Sec. 2(a)(12), substituted "$2,533"
for "$2,443".
Subsec. (m). Pub. L. 106-118, Sec. 2(a)(13), substituted "$2,794"
for "$2,694".
Subsec. (n). Pub. L. 106-118, Sec. 2(a)(14), substituted "$3,179"
for "$3,066".
Subsecs. (o), (p). Pub. L. 106-118, Sec. 2(a)(15), substituted
"$3,553" for "$3,426" wherever appearing.
Subsec. (r). Pub. L. 106-118, Sec. 2(a)(16), substituted "$1,525"
and "$2,271" for "$1,471" and "$2,190", respectively.
Subsec. (s). Pub. L. 106-118, Sec. 2(a)(17), substituted "$2,280"
for "$2,199".
1997 - Subsec. (a). Pub. L. 105-98, Sec. 2(a)(1), substituted
"$95" for "$87".
Subsec. (b). Pub. L. 105-98, Sec. 2(a)(2), substituted "$182" for
"$166".
Subsec. (c). Pub. L. 105-98, Sec. 2(a)(3), substituted "$279" for
"$253".
Subsec. (d). Pub. L. 105-98, Sec. 2(a)(4), substituted "$399" for
"$361".
Subsec. (e). Pub. L. 105-98, Sec. 2(a)(5), substituted "$569" for
"$515".
Subsec. (f). Pub. L. 105-98, Sec. 2(a)(6), substituted "$717" for
"$648".
Subsec. (g). Pub. L. 105-98, Sec. 2(a)(7), substituted "$905" for
"$819".
Subsec. (h). Pub. L. 105-98, Sec. 2(a)(8), substituted "$1,049"
for "$948".
Subsec. (i). Pub. L. 105-98, Sec. 2(a)(9), substituted "$1,181"
for "$1,067".
Subsec. (j). Pub. L. 105-98, Sec. 2(a)(10), substituted "$1,964"
for "$1,774".
Subsec. (k). Pub. L. 105-98, Sec. 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, Sec. 2(a)(12), substituted "$2,443"
for "$2,207".
Subsec. (m). Pub. L. 105-98, Sec. 2(a)(13), substituted "$2,694"
for "$2,432".
Subsec. (n). Pub. L. 105-98, Sec. 2(a)(14), substituted "$3,066"
for "$2,768".
Subsecs. (o), (p). Pub. L. 105-98, Sec. 2(a)(15), substituted
"$3,426" for "$3,093" wherever appearing.
Subsec. (r). Pub. L. 105-98, Sec. 2(a)(16), substituted "$1,471"
and "$2,190" for "$1,328" and "$1,978", respectively.
Subsec. (s). Pub. L. 105-98, Sec. 2(a)(17), substituted "$2,199"
for "$1,985".
1993 - Subsec. (a). Pub. L. 103-140, Sec. 2(1), substituted "$87"
for "$85".
Pub. L. 103-78, Sec. 1(1), substituted "$85" for "$83".
Subsec. (b). Pub. L. 103-140, Sec. 2(2), substituted "$166" for
"$162".
Pub. L. 103-78, Sec. 1(2), substituted "$162" for "$157".
Subsec. (c). Pub. L. 103-140, Sec. 2(3), substituted "$253" for
"$247".
Pub. L. 103-78, Sec. 1(3), substituted "$247" for "$240".
Subsec. (d). Pub. L. 103-140, Sec. 2(4), substituted "$361" for
"$352".
Pub. L. 103-78, Sec. 1(4), substituted "$352" for "$342".
Subsec. (e). Pub. L. 103-140, Sec. 2(5), substituted "$515" for
"$502".
Pub. L. 103-78, Sec. 1(5), substituted "$502" for "$487".
Subsec. (f). Pub. L. 103-140, Sec. 2(6), substituted "$648" for
"$632".
Pub. L. 103-78, Sec. 1(6), substituted "$632" for "$614".
Subsec. (g). Pub. L. 103-140, Sec. 2(7), substituted "$819" for
"$799".
Pub. L. 103-78, Sec. 1(7), substituted "$799" for "$776".
Subsec. (h). Pub. L. 103-140, Sec. 2(8), substituted "$948" for
"$924".
Pub. L. 103-78, Sec. 1(8), substituted "$924" for "$897".
Subsec. (i). Pub. L. 103-140, Sec. 2(9), substituted "$1,067" for
"$1,040".
Pub. L. 103-78, Sec. 1(9), substituted "$1,040" for "$1,010".
Subsec. (j). Pub. L. 103-140, Sec. 2(10), substituted "$1,774"
for "$1,730".
Pub. L. 103-78, Sec. 1(10), substituted "$1,730" for "$1,680".
Subsec. (k). Pub. L. 103-140, Sec. 2(11), substituted "$2,207"
and "$3,093" for "$2,152" and "$3,015", respectively.
Pub. L. 103-78, Sec. 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, Sec. 1(11), substituted "$2,152" and "$3,015" for
"$2,089" and "$2,927", respectively.
Subsec. (l). Pub. L. 103-140, Sec. 2(12), substituted "$2,207"
for "$2,152".
Pub. L. 103-78, Sec. 1(12), substituted "$2,152" for "$2,089".
Subsec. (m). Pub. L. 103-140, Sec. 2(13), substituted "$2,432"
for "$2,371".
Pub. L. 103-78, Sec. 1(13), substituted "$2,371" for "$2,302".
Subsec. (n). Pub. L. 103-140, Sec. 2(14), substituted "$2,768"
for "$2,698".
Pub. L. 103-78, Sec. 1(14), substituted "$2,698" for "$2,619".
Subsec. (o). Pub. L. 103-140, Sec. 2(15), substituted "$3,093"
for "$3,015".
Pub. L. 103-78, Sec. 1(15), substituted "$3,015" for "$2,927".
Subsec. (p). Pub. L. 103-140, Sec. 2(15), substituted "$3,093"
for "$3,015" wherever appearing.
Pub. L. 103-78, Sec. 1(15), substituted "$3,015" for "$2,927"
wherever appearing.
Subsec. (r). Pub. L. 103-140, Sec. 2(16), substituted "$1,328"
for "$1,295" in par. (1) and "$1,978" for "$1,928" in par. (2).
Pub. L. 103-78, Sec. 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, Sec. 2(17), substituted "$1,985"
for "$1,935".
Pub. L. 103-78, Sec. 1(17), substituted "$1,935" for "$1,879".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 314 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1110" for "310" in
introductory provisions.
Subsec. (a). Pub. L. 102-152, Sec. 2(a)(1), substituted "$83" for
"$80".
Pub. L. 102-3, Sec. 2(a)(1), substituted "$80" for "$76".
Subsec. (b). Pub. L. 102-152, Sec. 2(a)(2), substituted "$157"
for "$151".
Pub. L. 102-3, Sec. 2(a)(2), substituted "$151" for "$144".
Subsec. (c). Pub. L. 102-152, Sec. 2(a)(3), substituted "$240"
for "$231".
Pub. L. 102-3, Sec. 2(a)(3), substituted "$231" for "$220".
Subsec. (d). Pub. L. 102-152, Sec. 2(a)(4), substituted "$342"
for "$330".
Pub. L. 102-3, Sec. 2(a)(4), substituted "$330" for "$314".
Subsec. (e). Pub. L. 102-152, Sec. 2(a)(5), substituted "$487"
for "$470".
Pub. L. 102-3, Sec. 2(a)(5), substituted "$470" for "$446".
Subsec. (f). Pub. L. 102-152, Sec. 2(a)(6), substituted "$614"
for "$592".
Pub. L. 102-3, Sec. 2(a)(6), substituted "$592" for "$562".
Subsec. (g). Pub. L. 102-152, Sec. 2(a)(7), substituted "$776"
for "$748".
Pub. L. 102-3, Sec. 2(a)(7), substituted "$748" for "$710".
Subsec. (h). Pub. L. 102-152, Sec. 2(a)(8), substituted "$897"
for "$865".
Pub. L. 102-3, Sec. 2(a)(8), substituted "$865" for "$821".
Subsec. (i). Pub. L. 102-152, Sec. 2(a)(9), substituted "$1,010"
for "$974".
Pub. L. 102-3, Sec. 2(a)(9), substituted "$974" for "$925".
Subsec. (j). Pub. L. 102-152, Sec. 2(a)(10), substituted "$1,680"
for "$1,620".
Pub. L. 102-3, Sec. 2(a)(10), substituted "$1,620" for "$1,537".
Subsec. (k). Pub. L. 102-152, Sec. 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, Sec. 2(a)(11), substituted "$2,014" for "$1,911"
and "$2,823" for "$2,679".
Subsec. (l). Pub. L. 102-152, Sec. 2(a)(12), substituted "$2,089"
for "$2,014".
Pub. L. 102-3, Sec. 2(a)(12), substituted "$2,014" for "$1,911".
Subsec. (m). Pub. L. 102-152, Sec. 2(a)(13), substituted "$2,302"
for "$2,220".
Pub. L. 102-3, Sec. 2(a)(13), substituted "$2,220" for "$2,107".
Subsec. (n). Pub. L. 102-152, Sec. 2(a)(14), substituted "$2,619"
for "$2,526".
Pub. L. 102-3, Sec. 2(a)(14), substituted "$2,526" for "$2,397".
Subsec. (o). Pub. L. 102-152, Sec. 2(a)(15), substituted "$2,927"
for "$2,823".
Pub. L. 102-3, Sec. 2(a)(15), substituted "$2,823" for "$2,679".
Subsec. (p). Pub. L. 102-152, Sec. 2(a)(15), substituted "$2,927"
for "$2,823" wherever appearing.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" wherever appearing.
Pub. L. 102-3, Sec. 2(a)(15), substituted "$2,823" for "$2,679"
wherever appearing.
Subsec. (r). Pub. L. 102-152, Sec. 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, Sec. 5(c)(1), substituted "1134" for "334" in
last sentence.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in par. (2).
Pub. L. 102-83, Sec. 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, Sec. 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, Sec. 2(a)(17), substituted "$1,879"
for "$1,812".
Pub. L. 102-3, Sec. 2(a)(17), substituted "$1,812" for "$1,720".
1989 - Subsec. (a). Pub. L. 101-237, Sec. 101(a)(1), substituted
"$76" for "$73".
Subsec. (b). Pub. L. 101-237, Sec. 101(a)(2), substituted "$144"
for "$138".
Subsec. (c). Pub. L. 101-237, Sec. 101(a)(3), substituted "$220"
for "$210".
Subsec. (d). Pub. L. 101-237, Sec. 101(a)(4), substituted "$314"
for "$300".
Subsec. (e). Pub. L. 101-237, Sec. 101(a)(5), substituted "$446"
for "$426".
Subsec. (f). Pub. L. 101-237, Sec. 101(a)(6), substituted "$562"
for "$537".
Subsec. (g). Pub. L. 101-237, Sec. 101(a)(7), substituted "$710"
for "$678".
Subsec. (h). Pub. L. 101-237, Sec. 101(a)(8), substituted "$821"
for "$784".
Subsec. (i). Pub. L. 101-237, Sec. 101(a)(9), substituted "$925"
for "$883".
Subsec. (j). Pub. L. 101-237, Sec. 101(a)(10), substituted
"$1,537" for "$1,468".
Subsec. (k). Pub. L. 101-237, Sec. 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, Sec. 101(a)(12), substituted
"$1,911" for "$1,825".
Subsec. (m). Pub. L. 101-237, Sec. 101(a)(13), substituted
"$2,107" for "$2,012".
Subsec. (n). Pub. L. 101-237, Sec. 101(a)(14), substituted
"$2,397" for "$2,289".
Subsecs. (o), (p). Pub. L. 101-237, Sec. 101(a)(15), substituted
"$2,679" for "$2,559" wherever appearing.
Subsec. (r). Pub. L. 101-237, Sec. 101(a)(16), substituted
"$1,150" and "$1,713" for "$1,098" and "$1,636", respectively.
Subsec. (s). Pub. L. 101-237, Sec. 101(a)(17), substituted
"$1,720" for "$1,643".
1988 - Subsec. (a). Pub. L. 100-687, Sec. 1101(a)(1), substituted
"$73" for "$71".
Subsec. (b). Pub. L. 100-687, Sec. 1101(a)(2), substituted "$138"
for "$133".
Subsec. (c). Pub. L. 100-687, Sec. 1101(a)(3), substituted "$210"
for "$202".
Subsec. (d). Pub. L. 100-687, Sec. 1101(a)(4), substituted "$300"
for "$289".
Subsec. (e). Pub. L. 100-687, Sec. 1101(a)(5), substituted "$426"
for "$410".
Subsec. (f). Pub. L. 100-687, Sec. 1101(a)(6), substituted "$537"
for "$516".
Subsec. (g). Pub. L. 100-687, Sec. 1101(a)(7), substituted "$678"
for "$652".
Subsec. (h). Pub. L. 100-687, Sec. 1101(a)(8), substituted "$784"
for "$754".
Subsec. (i). Pub. L. 100-687, Sec. 1101(a)(9), substituted "$883"
for "$849".
Subsec. (j). Pub. L. 100-687, Sec. 1101(a)(10), substituted
"$1,468" for "$1,411".
Subsec. (k). Pub. L. 100-687, Sec. 1101(a)(11), substituted
"$1,825" and "$2,559" for "$1,754" and "$2,459", respectively.
Subsec. (l). Pub. L. 100-687, Sec. 1101(a)(12), substituted
"$1,825" for "$1,754".
Subsec. (m). Pub. L. 100-687, Sec. 1101(a)(13), substituted
"$2,012" for "$1,933".
Subsec. (n). Pub. L. 100-687, Sec. 1101(a)(14), substituted
"$2,289" for "$2,199".
Subsecs. (o), (p). Pub. L. 100-687, Sec. 1101(a)(15), substituted
"$2,559" for "$2,459" wherever appearing.
Subsec. (r). Pub. L. 100-687, Sec. 1101(a)(16), substituted
"$1,098" and "$1,636" for "$1,055" and "$1,572", respectively.
Subsec. (s). Pub. L. 100-687, Sec. 1101(a)(17), substituted
"$1,643" for "$1,579".
1987 - Subsec. (a). Pub. L. 100-227, Sec. 101(a)(1), substituted
"$71" for "$69".
Subsec. (b). Pub. L. 100-227, Sec. 101(a)(2), substituted "$133"
for "$128".
Subsec. (c). Pub. L. 100-227, Sec. 101(a)(3), substituted "$202"
for "$194".
Subsec. (d). Pub. L. 100-227, Sec. 101(a)(4), substituted "$289"
for "$278".
Subsec. (e). Pub. L. 100-227, Sec. 101(a)(5), substituted "$410"
for "$394".
Subsec. (f). Pub. L. 100-227, Sec. 101(a)(6), substituted "$516"
for "$496".
Subsec. (g). Pub. L. 100-227, Sec. 101(a)(7), substituted "$652"
for "$626".
Subsec. (h). Pub. L. 100-227, Sec. 101(a)(8), substituted "$754"
for "$724".
Subsec. (i). Pub. L. 100-227, Sec. 101(a)(9), substituted "$849"
for "$815".
Subsec. (j). Pub. L. 100-227, Sec. 101(a)(10), substituted
"$1,411" for "$1,355".
Subsec. (k). Pub. L. 100-227, Sec. 101(a)(11), substituted
"$1,754" and "$2,459" for "$1,684" and "$2,360", respectively.
Subsec. (l). Pub. L. 100-227, Sec. 101(a)(12), substituted
"$1,754" for "$1,684".
Subsec. (m). Pub. L. 100-227, Sec. 101(a)(13), substituted
"$1,933" for "$1,856".
Subsec. (n). Pub. L. 100-227, Sec. 101(a)(14), substituted
"$2,199" for "$2,111".
Subsecs. (o), (p). Pub. L. 100-227, Sec. 101(a)(15), substituted
"$2,459" for "$2,360" wherever appearing.
Subsec. (r). Pub. L. 100-227, Sec. 101(a)(16), substituted
"$1,055" and "$1,572" for "$1,013" and "$1,509", respectively.
Subsec. (s). Pub. L. 100-227, Sec. 101(a)(17), substituted
"$1,579" for "$1,516".
1986 - Subsec. (a). Pub. L. 99-576, Sec. 101(a)(1), substituted
"$69" for "$68".
Pub. L. 99-238, Sec. 101(a)(1), substituted "$68" for "$66".
Subsec. (b). Pub. L. 99-576, Sec. 101(a)(2), substituted "$128"
for "$126".
Pub. L. 99-238, Sec. 101(a)(2), substituted "$126" for "$122".
Subsec. (c). Pub. L. 99-576, Sec. 101(a)(3), substituted "$194"
for "$191".
Pub. L. 99-238, Sec. 101(a)(3), substituted "$191" for "$185".
Subsec. (d). Pub. L. 99-576, Sec. 101(a)(4), substituted "$278"
for "$274".
Pub. L. 99-238, Sec. 101(a)(4), substituted "$274" for "$266".
Subsec. (e). Pub. L. 99-576, Sec. 101(a)(5), substituted "$394"
for "$388".
Pub. L. 99-238, Sec. 101(a)(5), substituted "$388" for "$376".
Subsec. (f). Pub. L. 99-576, Sec. 101(a)(6), substituted "$496"
for "$489".
Pub. L. 99-238, Sec. 101(a)(6), substituted "$489" for "$474".
Subsec. (g). Pub. L. 99-576, Sec. 101(a)(7), substituted "$626"
for "$617".
Pub. L. 99-238, Sec. 101(a)(7), substituted "$617" for "$598".
Subsec. (h). Pub. L. 99-576, Sec. 101(a)(8), substituted "$724"
for "$713".
Pub. L. 99-238, Sec. 101(a)(8), substituted "$713" for "$692".
Subsec. (i). Pub. L. 99-576, Sec. 101(a)(9), substituted "$815"
for "$803".
Pub. L. 99-238, Sec. 101(a)(9), substituted "$803" for "$779".
Subsec. (j). Pub. L. 99-576, Sec. 101(a)(10), substituted
"$1,355" for "$1,335".
Pub. L. 99-238, Sec. 101(a)(10), substituted "$1,335" for
"$1,295".
Subsec. (k). Pub. L. 99-576, Sec. 101(a)(11), substituted "$63",
"$1,684", and "$2,360" for "$62", "$1,659", and "$2,325",
respectively.
Pub. L. 99-238, Sec. 101(a)(11), substituted "$1,659" and
"$2,325" for "$1,609" and "$2,255", respectively.
Subsec. (l). Pub. L. 99-576, Sec. 101(a)(12), substituted
"$1,684" for "$1,659".
Pub. L. 99-238, Sec. 101(a)(12), substituted "$1,659" for
"$1,609".
Subsec. (m). Pub. L. 99-576, Sec. 101(a)(13), substituted
"$1,856" for "$1,829".
Pub. L. 99-238, Sec. 101(a)(13), substituted "$1,829" for
"$1,774".
Subsec. (n). Pub. L. 99-576, Sec. 101(a)(14), substituted
"$2,111" for "$2,080".
Pub. L. 99-238, Sec. 101(a)(14), substituted "$2,080" for
"$2,017".
Subsecs. (o), (p). Pub. L. 99-576, Sec. 101(a)(15), substituted
"$2,360" for "$2,325" wherever appearing.
Pub. L. 99-238, Sec. 101(a)(15), substituted "$2,325" for
"$2,255" wherever appearing.
Subsec. (r). Pub. L. 99-576, Sec. 101(a)(16), substituted
"$1,013" and "$1,509" for "$998" and "$1,487", respectively.
Pub. L. 99-238, Sec. 101(a)(16), substituted "$998" and "$1,487"
for "$968" and "$1,442", respectively.
Subsec. (s). Pub. L. 99-576, Sec. 101(a)(17), substituted
"$1,516" for "$1,494".
Pub. L. 99-238, Sec. 101(a)(17), substituted "$1,494" for
"$1,449".
Subsec. (t). Pub. L. 99-576, Sec. 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, Sec. 101(a)(18), substituted "$289" for "$280" in
par. (1).
1984 - Subsec. (a). Pub. L. 98-543, Sec. 101(a)(1), substituted
"$66" for "$64".
Pub. L. 98-223, Sec. 101(a)(1), substituted "$64" for "$62".
Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
centum".
Subsec. (b). Pub. L. 98-543, Sec. 101(a)(2), substituted "$122"
for "$118".
Pub. L. 98-223, Sec. 101(a)(2), substituted "$118" for "$114".
Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
centum".
Subsec. (c). Pub. L. 98-543, Sec. 101(a)(3), substituted "$185"
for "$179".
Pub. L. 98-223, Sec. 101(a)(3), substituted "$179" for "$173".
Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
centum".
Subsec. (d). Pub. L. 98-543, Sec. 101(a)(4), substituted "$266"
for "$258".
Pub. L. 98-223, Sec. 101(a)(4), substituted "$258" for "$249".
Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
centum".
Subsec. (e). Pub. L. 98-543, Sec. 101(a)(5), substituted "376"
for "364".
Pub. L. 98-223, Sec. 101(a)(5), substituted "$364" for "$352".
Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
centum".
Subsec. (f). Pub. L. 98-543, Sec. 101(a)(6), substituted "$474"
for "$459".
Pub. L. 98-223, Sec. 101(a)(6), substituted "$459" for "$443".
Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
centum".
Subsec. (g). Pub. L. 98-543, Sec. 101(a)(7), substituted "$598"
for "$579".
Pub. L. 98-223, Sec. 101(a)(7), substituted "$579" for "$559".
Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
centum".
Subsec. (h). Pub. L. 98-543, Sec. 101(a)(8), substituted "$692"
for "$671".
Pub. L. 98-223, Sec. 101(a)(8), substituted "$671" for "$648".
Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
centum".
Subsec. (i). Pub. L. 98-543, Sec. 101(a)(9), substituted "$779"
for "$755".
Pub. L. 98-223, Sec. 101(a)(9), substituted "$755" for "$729".
Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
centum".
Subsec. (j). Pub. L. 98-543, Sec. 101(a)(10), substituted
"$1,295" for "$1,255".
Pub. L. 98-223, Sec. 101(a)(10), substituted "$1,255" for
"$1,213".
Subsec. (k). Pub. L. 98-543, Sec. 101(a)(11), substituted
"$1,609" and "$2,255" for "$1,559" and "$2,185", respectively.
Pub. L. 98-223, Sec. 101(a)(11), substituted "$1,559" and
"$2,185" for "$1,506" and "$2,111", respectively.
Subsec. (l). Pub. L. 98-543, Sec. 101(a)(12), substituted
"$1,609" for "$1,559".
Pub. L. 98-223, Sec. 101(a)(12), substituted "$1,559" for
"$1,506".
Subsec. (m). Pub. L. 98-543, Sec. 101(a)(13), substituted
"$1,774" for "$1,719".
Pub. L. 98-223, Sec. 101(a)(13), substituted "$1,719" for
"$1,661".
Subsec. (n). Pub. L. 98-543, Sec. 101(a)(14), substituted
"$2,017" for "$1,954".
Pub. L. 98-223, Sec. 101(a)(14), substituted "$1,954" for
"$1,888".
Subsec. (o). Pub. L. 98-543, Sec. 101(a)(15), substituted
"$2,255" for "$2,185".
Pub. L. 98-223, Sec. 101(a)(15), substituted "$2,185" for
"$2,111".
Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
centum".
Pub. L. 98-223, Sec. 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, Sec. 101(a)(15), substituted
"$2,255" for "$2,185" in four places.
Pub. L. 98-223, Sec. 101(a)(15), substituted "$2,185" for
"$2,111" in three places.
Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
centum".
Pub. L. 98-223, Sec. 112(b)(1), substituted "30" for "40" in cl.
(1).
Pub. L. 98-223, Sec. 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, Sec. 101(a)(16), substituted "$968"
and "$1,442" for "$938" and "$1,397", respectively.
Pub. L. 98-223, Sec. 101(a)(16), substituted "$938" and "$1,397"
for "$906" and "$1,350", respectively.
Subsec. (s). Pub. L. 98-543, Sec. 101(a)(17), substituted
"$1,449" for "$1,404".
Pub. L. 98-223, Sec. 101(a)(17), substituted "$1,404" for
"$1,357".
Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
centum".
Subsec. (t)(1). Pub. L. 98-543, Sec. 101(a)(18), substituted
"$280" for "$271".
Pub. L. 98-223, Sec. 101(a)(18), substituted "$271" for "$262".
Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
centum" in two places.
1982 - Subsec. (a). Pub. L. 97-306, Secs. 101(a)(1), 107, 108,
substituted "$62" for "$58", and repealed amendment made by Pub. L.
97-253, Sec. 405(b)(1), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(1), (h), eff. Jan. 1, 1983,
substituted "$57" for "$58".
Subsec. (b). Pub. L. 97-306, Sec. 101(a)(2), substituted "$114"
for "$107".
Subsec. (c). Pub. L. 97-306, Secs. 101(a)(3), 107, 108,
substituted "$173" for "$162", and repealed amendment made by Pub.
L. 97-253, Sec. 405(b)(2), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(2), (h), eff. Jan. 1, 1983,
substituted "$161" for "$162".
Subsec. (d). Pub. L. 97-306, Sec. 101(a)(4), substituted "$249"
for "$232".
Subsec. (e). Pub. L. 97-306, Sec. 101(a)(5), substituted "$352"
for "$328".
Subsec. (f). Pub. L. 97-306, Secs. 101(a)(6), 107, 108,
substituted "$443" for "$413", and repealed amendment made by Pub.
L. 97-253, Sec. 405(b)(3), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(3), (h), eff. Jan. 1, 1983,
substituted "$412" for "$413".
Subsec. (g). Pub. L. 97-306, Sec. 101(a)(7), substituted "$559"
for "$521".
Subsec. (h). Pub. L. 97-306, Secs. 101(a)(8), 107, 108,
substituted "$648" for "$604", and repealed amendment made by Pub.
L. 97-253, Sec. 405(b)(4), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(4), (h), eff. Jan. 1, 1983,
substituted "$603" for "$604".
Subsec. (i). Pub. L. 97-306, Sec. 101(a)(9), substituted "$729"
for "$679".
Subsec. (j). Pub. L. 97-306, Sec. 101(a)(10), substituted
"$1,213" for "$1,130".
Subsec. (k). Pub. L. 97-306, Secs. 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, Sec. 405(b)(5), eff.
Oct. 1, 1982.
Pub. L. 97-253, Sec. 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, Secs. 101(a)(12), 107, 108,
substituted "$1,506" for "$1,403", and repealed amendment made by
Pub. L. 97-253, Sec. 405(b)(6), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(6), (h), eff. Jan. 1, 1983,
substituted "$1,402" for "$1,403".
Subsec. (m). Pub. L. 97-306, Secs. 101(a)(13), 107, 108,
substituted "$1,661" for "$1,547", and repealed amendment made by
Pub. L. 97-253, Sec. 405(b)(7), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(7), (h), eff. Jan. 1, 1983,
substituted "$1,546" for "$1,547".
Subsec. (n). Pub. L. 97-306, Secs. 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, Sec. 405(b)(8), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(8), (h), eff. Jan. 1, 1983,
substituted "$1,757" for "$1,758".
Subsec. (o). Pub. L. 97-306, Secs. 101(a)(15), 107, 108,
substituted "$2,111" for "$1,966", and repealed amendment made by
Pub. L. 97-253, Sec. 405(b)(9), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(9), (h), eff. Jan. 1, 1983,
substituted "$1,965" for "$1,966".
Subsec. (p). Pub. L. 97-306, Secs. 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, Sec. 405(b)(9), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(9), (h), eff. Jan. 1, 1983,
substituted "$1,965" for "$1,966" wherever appearing.
Pub. L. 97-253, Sec. 404(a), inserted "down" after "arithmetic
mean, rounded".
Subsec. (r). Pub. L. 97-306, Secs. 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, Sec.
405(b)(10), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 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, Secs. 101(a)(17), 107, 108,
substituted "$1,357" for "$1,264", and repealed amendment made by
Pub. L. 97-253, Sec. 405(b)(11), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(11), (h), eff. Jan. 1, 1983,
substituted "$1,263" for "$1,264".
Subsec. (t)(1). Pub. L. 97-306, Secs. 101(a)(18), 107, 108,
substituted "$262" for "$244", and repealed amendment made by Pub.
L. 97-253, Sec. 405(b)(12), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(12), (h), eff. Jan. 1, 1983,
substituted "$243" for "$244".
1981 - Subsecs. (a) to (k). Pub. L. 97-66, Sec. 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, Secs. 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, Secs. 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, Secs. 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, Secs. 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, Sec. 101(a)(15), substituted "$1,966"
for "$1,768" in three places.
Subsec. (r). Pub. L. 97-66, Sec. 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, Sec. 101(a)(17), increased
compensation from $1,137 to $1,264.
Subsec. (t)(1). Pub. L. 97-66, Sec. 101(a)(18), increased
compensation from $219 to $244.
1980 - Subsecs. (a) to (o). Pub. L. 96-385, Sec. 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, Sec. 101(a)(15), substituted
"$1,768" for "$1,547" in three places.
Subsec. (r). Pub. L. 96-385, Sec. 101(a)(16), substituted "$759"
for "$664" in cl. (1) and "$1,130" for "$989" in cl. (2).
Subsec. (s). Pub. L. 96-385, Sec. 101(a)(17), increased
compensation from $995 to $1,137.
Subsec. (t)(1). Pub. L. 96-385, Sec. 101(a)(18), increased
compensation from $192 to $219.
1979 - Subsecs. (a) to (o). Pub. L. 96-128, Sec. 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, Secs. 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, Secs. 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, Sec. 101(a)(17), increased
compensation from $905 to $995.
Subsec. (t)(1). Pub. L. 96-128, Sec. 101(a)(18), increased
compensation from $175 to $192.
1978 - Subsecs. (a) to (o). Pub. L. 95-479, Sec. 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, Sec. 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, Sec. 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, Sec. 101(a)(16), substituted "$905"
for "$843".
Subsec. (t). Pub. L. 95-479, Sec. 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, Sec. 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, Sec. 101(a)(13), 404(6), increased
compensation from $896 to $968 and substituted "such veteran" for
"him", respectively.
Subsec. (n). Pub. L. 94-433, Sec. 101(a)(14), increased
compensation from $1,018 to $1,099.
Subsec. (o). Pub. L. 94-433, Secs. 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, Secs. 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, Secs. 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, Secs. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Secs. 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, Sec. 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, Sec. 1(a)(15), substituted "$250"
for "$200".
Subsec. (s). Pub. L. 89-311, Sec. 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, Sec. 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, Secs. 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, Sec. 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 2010 AMENDMENT
Pub. L. 111-275, title VI, Sec. 601(c), Oct. 13, 2010, 124 Stat.
2884, provided that: "The amendments made by this section [amending
this section and section 5503 of this title] shall take effect on
October 1, 2011."
EFFECTIVE DATE OF 2009 AMENDMENT
Pub. L. 111-37, Sec. 3(g), June 30, 2009, 123 Stat. 1931,
provided that: "The amendments made by this section [amending this
section and sections 1115, 1162, 1311, and 1313 to 1315 of this
title] shall take effect on December 1, 2008."
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110-324, Sec. 3(f), Sept. 24, 2008, 122 Stat. 3552,
provided that: "The amendments made by this section [amending this
section and sections 1115, 1162, 1311, 1313, and 1314 of this
title] shall take effect on December 1, 2007."
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109-111, Sec. 2(f), Nov. 22, 2005, 119 Stat. 2364,
provided that: "The amendments made by this section [amending this
section and sections 1115, 1162, 1311, 1313, and 1314 of this
title] shall take effect on December 1, 2005."
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107-94, Sec. 7, Dec. 21, 2001, 115 Stat. 902, 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, 2001."
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106-118, Sec. 7, Nov. 30, 1999, 113 Stat. 1603, 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, 1999."
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 (Secs. 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 (Secs. 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 (Secs. 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, Sec. 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, Sec. 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. 112-53, Sec. 2(a)-(c), (e), Nov. 9, 2011, 125 Stat. 548,
549, provided that:
"(a) Rate Adjustment. - Effective on December 1, 2011, the
Secretary of Veterans Affairs shall increase, in accordance with
subsection (c), the dollar amounts in effect on November 30, 2011,
for the payment of disability compensation and dependency and
indemnity compensation under the provisions specified in subsection
(b).
"(b) Amounts To Be Increased. - The dollar amounts to be
increased pursuant to subsection (a) are the following:
"(1) Wartime disability compensation. - Each of the dollar
amounts under section 1114 of title 38, United States Code.
"(2) Additional compensation for dependents. - Each of the
dollar amounts under section 1115(1) of such title.
"(3) Clothing allowance. - The dollar amount under section 1162
of such title.
"(4) Dependency and indemnity compensation to surviving spouse.
- Each of the dollar amounts under subsections (a) through (d) of
section 1311 of such title.
"(5) Dependency and indemnity compensation to children. - Each
of the dollar amounts under sections 1313(a) and 1314 of such
title.
"(c) Determination of Increase. -
"(1) Percentage. - Except as provided in paragraph (2), each
dollar amount described in subsection (b) 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, 2011, as a result of
a determination under section 215(i) of such Act (42 U.S.C.
415(i)).
"(2) Rounding. - Each dollar amount increased under paragraph
(1), if not a whole dollar amount, shall be rounded to the next
lower whole dollar amount.
"(e) Publication of Adjusted Rates. - The Secretary of Veterans
Affairs shall publish in the Federal Register the amounts specified
in subsection (b), as increased under subsection (a), not later
than the date on which 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 2012."
Similar provisions were contained in the following acts:Pub. L.
111-247, Secs. 2(a)-(c), 3, Sept. 30, 2010, 124 Stat. 2623, 2624.
Pub. L. 111-37, Sec. 2(a)-(c), (e), June 30, 2009, 123 Stat.
1927, 1928.
Pub. L. 110-324, Sec. 2(a)-(c), (e), Sept. 24, 2008, 122 Stat.
3549, 3550.
Pub. L. 110-111, Secs. 2(a)-(c), 3, Nov. 5, 2007, 121 Stat. 1035,
1036.
Pub. L. 109-361, Secs. 2(a)-(c), 3, Oct. 16, 2006, 120 Stat.
2062, 2063.
Pub. L. 108-363, Secs. 2(a)-(c), 3, Oct. 25, 2004, 118 Stat.
1705, 1706.
Pub. L. 108-147, Secs. 2(a)-(c), 3, Dec. 3, 2003, 117 Stat. 1885,
1886.
Pub. L. 107-247, Secs. 2(a)-(c), 3, Oct. 23, 2002, 116 Stat.
1517, 1518.
Pub. L. 106-413, Secs. 2(a)-(c), 3, Nov. 1, 2000, 114 Stat. 1798,
1799.
Pub. L. 105-368, title XI, Secs. 1101(a)-(c), 1102, Nov. 11,
1998, 112 Stat. 3366, 3367.
Pub. L. 104-263, Sec. 2(a), (c), Oct. 9, 1996, 110 Stat. 3212.
Pub. L. 104-57, Secs. 2(a)-(c), 3, Nov. 22, 1995, 109 Stat. 555,
556.
Pub. L. 103-418, Secs. 2(a)-(c), 3, Oct. 25, 1994, 108 Stat.
4336, 4337.
Pub. L. 102-510, Sec. 2(a), (c), Oct. 24, 1992, 106 Stat. 3318,
3319.
ADMINISTRATIVE ADJUSTMENT OF DISABILITY RATES OF CERTAIN PERSONS
NOT COVERED BY THIS CHAPTER
Pub. L. 112-53, Sec. 2(d), Nov. 9, 2011, 125 Stat. 549, provided
that: "The Secretary of Veterans Affairs may adjust
administratively, consistent with the increases made under
subsection (a) [set out as a note above], the rates of disability
compensation payable to persons under section 10 of Public Law 85-
857 (72 Stat. 1263) [set out as a note preceding section 101 of
this title] who have not received compensation under chapter 11 of
title 38, United States Code."
Similar provisions were contained in the following acts:
Pub. L. 111-247, Sec. 2(d), Sept. 30, 2010, 124 Stat. 2624.
Pub. L. 111-37, Sec. 2(d), June 30, 2009, 123 Stat. 1928.
Pub. L. 110-324, Sec. 2(d), Sept. 24, 2008, 122 Stat. 3550.
Pub. L. 110-111, Sec. 2(d), Nov. 5, 2007, 121 Stat. 1036.
Pub. L. 109-361, Sec. 2(d), Oct. 16, 2006, 120 Stat. 2063.
Pub. L. 109-111, Sec. 2(g), Nov. 22, 2005, 119 Stat. 2364.
Pub. L. 108-363, Sec. 2(d), Oct. 25, 2004, 118 Stat. 1706.
Pub. L. 108-147, Sec. 2(d), Dec. 3, 2003, 117 Stat. 1886.
Pub. L. 107-247, Sec. 2(d), Oct. 23, 2002, 116 Stat. 1518.
Pub. L. 107-94, Sec. 2(b), Dec. 21, 2001, 115 Stat. 901.
Pub. L. 106-413, Sec. 2(d), Nov. 1, 2000, 114 Stat. 1799.
Pub. L. 106-118, Sec. 2(b), Nov. 30, 1999, 113 Stat. 1602.
Pub. L. 105-368, title XI, Sec. 1101(d), Nov. 11, 1998, 112 Stat.
3366.
Pub. L. 105-98, Sec. 2(b), Nov. 19, 1997, 111 Stat. 2156.
Pub. L. 104-263, Sec. 2(b), Oct. 9, 1996, 110 Stat. 3212.
Pub. L. 104-57, Sec. 2(d), Nov. 22, 1995, 109 Stat. 556.
Pub. L. 103-418, Sec. 2(d), Oct. 25, 1994, 108 Stat. 4337.
Pub. L. 102-510, Sec. 2(b), Oct. 24, 1992, 106 Stat. 3318.
Pub. L. 102-152, Sec. 2(b), Nov. 12, 1991, 105 Stat. 986.
Pub. L. 102-3, Sec. 2(b), Feb. 6, 1991, 105 Stat. 8.
Pub. L. 101-237, title I, Sec. 101(b), Dec. 18, 1989, 103 Stat.
2063.
Pub. L. 100-687, div. B, title XI, Sec. 1101(b), Nov. 18, 1988,
102 Stat. 4123.
Pub. L. 100-227, title I, Sec. 101(b), Dec. 31, 1987, 101 Stat.
1553.
Pub. L. 99-576, title I, Sec. 101(b), Oct. 28, 1986, 100 Stat.
3251.
Pub. L. 99-238, title I, Sec. 101(b), Jan. 13, 1986, 99 Stat.
1766.
Pub. L. 98-543, title I, Sec. 101(b), Oct. 24, 1984, 98 Stat.
2736.
Pub. L. 98-223, title I, Sec. 101(b), Mar. 2, 1984, 98 Stat. 38.
Pub. L. 97-306, title I, Sec. 101(b), Oct. 14, 1982, 96 Stat.
1430.
Pub. L. 97-66, title I, Sec. 101(b), Oct. 17, 1981, 95 Stat.
1027.
Pub. L. 96-385, title I, Sec. 101(b), Oct. 7, 1980, 94 Stat.
1529.
Pub. L. 96-128, title I, Sec. 101(b), Nov. 28, 1979, 93 Stat.
983.
Pub. L. 95-479, title I, Sec. 101(e), Oct. 18, 1978, 92 Stat.
1562.
Pub. L. 95-117, title I, Sec. 101(b), Oct. 3, 1977, 91 Stat.
1063.
Pub. L. 94-433, title I, Sec. 101(b), Sept. 30, 1976, 90 Stat.
1374.
Pub. L. 94-71, title I, Sec. 101(b), Aug. 5, 1975, 89 Stat. 395.
Pub. L. 93-295, title I, Sec. 101(b), May 31, 1974, 88 Stat. 181.
Pub. L. 92-328, title I, Sec. 101(b), June 30, 1972, 86 Stat.
393.
Pub. L. 91-376, Sec. 1(b), Aug. 12, 1970, 84 Stat. 788.
Pub. L. 90-493, Sec. 1(b), Aug. 19, 1968, 82 Stat. 809.
Pub. L. 89-311, Sec. 1(b), Oct. 31, 1965, 79 Stat. 1154.
Pub. L. 87-645, Sec. 1(b), Sept. 7, 1962, 76 Stat. 441.
-End-
-CITE-
38 USC Sec. 1115 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER II - WARTIME DISABILITY COMPENSATION
-HEAD-
Sec. 1115. Additional compensation for dependents
-STATUTE-
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, $150;
(B) has a spouse and one or more children, $259 plus $75 for
each child in excess of one;
(C) has no spouse but one or more children, $101 plus $75 for
each child in excess of one;
(D) has a parent dependent upon such veteran for support,
then, in addition to the above amounts, $120 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) blind, or so nearly blind or
significantly disabled as to need or require the regular aid
and attendance of another person, shall be $286 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
$240 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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1121, Sec. 315; Pub. L. 86-
499, Sec. 1, June 8, 1960, 74 Stat. 165; Pub. L. 89-137, Sec.
1(b), Aug. 26, 1965, 79 Stat. 576; Pub. L. 89-311, Sec. 2(a), (b),
Oct. 31, 1965, 79 Stat. 1154, 1155; Pub. L. 91-376, Sec. 2, Aug.
12, 1970, 84 Stat. 788; Pub. L. 92-328, title I, Sec. 102, June 30,
1972, 86 Stat. 394; Pub. L. 93-295, title I, Sec. 102, May 31,
1974, 88 Stat. 181; Pub. L. 94-71, title I, Sec. 102, Aug. 5, 1975,
89 Stat. 396; Pub. L. 94-433, title I, Sec. 102, title IV, Sec.
404(9)-(11), Sept. 30, 1976, 90 Stat. 1375, 1378; Pub. L. 95-117,
title I, Sec. 102, Oct. 3, 1977, 91 Stat. 1064; Pub. L. 95-479,
title I, Sec. 102, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96-128,
title I, Sec. 102, Nov. 28, 1979, 93 Stat. 983; Pub. L. 96-385,
title I, Sec. 102, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 97-66,
title I, Sec. 102, Oct. 17, 1981, 95 Stat. 1027; Pub. L. 97-253,
title IV, Secs. 404(b), 405(c), Sept. 8, 1982, 96 Stat. 803; Pub.
L. 97-306, title I, Secs. 102, 107, Oct. 14, 1982, 96 Stat. 1430,
1431; Pub. L. 98-223, title I, Sec. 102, Mar. 2, 1984, 98 Stat. 38;
Pub. L. 98-543, title I, Sec. 102, Oct. 24, 1984, 98 Stat. 2736;
Pub. L. 99-238, title I, Sec. 102, Jan. 13, 1986, 99 Stat. 1766;
Pub. L. 99-576, title I, Sec. 102, Oct. 28, 1986, 100 Stat. 3251;
Pub. L. 100-227, title I, Sec. 102, Dec. 31, 1987, 101 Stat. 1553;
Pub. L. 100-687, div. B, title XI, Sec. 1102, Nov. 18, 1988, 102
Stat. 4123; Pub. L. 101-237, title I, Sec. 102, Dec. 18, 1989, 103
Stat. 2063; Pub. L. 102-3, Sec. 3, Feb. 6, 1991, 105 Stat. 8;
renumbered Sec. 1115 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),
Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-152, Sec. 3, Nov. 12,
1991, 105 Stat. 986; Pub. L. 103-78, Sec. 2, Aug. 13, 1993, 107
Stat. 768; Pub. L. 103-140, Sec. 3, Nov. 11, 1993, 107 Stat. 1486;
Pub. L. 105-98, Sec. 3, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 106-
118, Sec. 3, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 107-94, Sec.
3, Dec. 21, 2001, 115 Stat. 901; Pub. L. 107-330, title III, Sec.
309(b), Dec. 6, 2002, 116 Stat. 2830; Pub. L. 108-454, title III,
Sec. 307(b), Dec. 10, 2004, 118 Stat. 3613; Pub. L. 109-111, Sec.
2(b), Nov. 22, 2005, 119 Stat. 2363; Pub. L. 109-233, title V, Sec.
502(3), June 15, 2006, 120 Stat. 415; Pub. L. 109-444, Sec. 9(b),
Dec. 21, 2006, 120 Stat. 3314; Pub. L. 109-461, title X, Secs.
1005(b), 1006(b), Dec. 22, 2006, 120 Stat. 3467, 3468; Pub. L. 110-
324, Sec. 3(b), Sept. 24, 2008, 122 Stat. 3551; Pub. L. 111-37,
Sec. 3(b), June 30, 2009, 123 Stat. 1929.)
-MISC1-
AMENDMENTS
2009 - Par. (1)(A). Pub. L. 111-37, Sec. 3(b)(1), substituted
"$150" for "$142".
Par. (1)(B). Pub. L. 111-37, Sec. 3(b)(2), substituted "$259" and
"$75" for "$245" and "$71", respectively.
Par. (1)(C). Pub. L. 111-37, Sec. 3(b)(3), substituted "$101" and
"$75" for "$96" and "$71", respectively.
Par. (1)(D). Pub. L. 111-37, Sec. 3(b)(4), substituted "$120" for
"$114".
Par. (1)(E). Pub. L. 111-37, Sec. 3(b)(5), substituted "$286" for
"$271".
Par. (1)(F). Pub. L. 111-37, Sec. 3(b)(6), substituted "$240" for
"$227".
2008 - Par. (1)(A). Pub. L. 110-324, Sec. 3(b)(1), substituted
"$142" for "$139".
Par. (1)(B). Pub. L. 110-324, Sec. 3(b)(2), substituted "$245"
and "$71" for "$240" and "$70", respectively.
Par. (1)(C). Pub. L. 110-324, Sec. 3(b)(3), substituted "$96" and
"$71" for "$94" and "$70", respectively.
Par. (1)(D). Pub. L. 110-324, Sec. 3(b)(4), substituted "$114"
for "$112".
Par. (1)(E). Pub. L. 110-324, Sec. 3(b)(5), substituted "$271"
for "$265".
Par. (1)(F). Pub. L. 110-324, Sec. 3(b)(6), substituted "$227"
for "$222".
2006 - Pub. L. 109-461, Sec. 1006(b), provided that as of the
enactment of Pub. L. 109-461, the amendments made by Pub. L. 109-
444 were deemed for all purposes not to have taken effect and that
Pub. L. 109-444 ceased to be in effect. See Amendment notes below
and section 1006(b) of Pub. L. 109-461, set out as a Coordination
of Provisions With Pub. L. 109-444 note under section 101 of this
title.
Par. (1)(A). Pub. L. 109-461, Sec. 1005(b)(1), substituted "$139"
for "$135".
Pub. L. 109-444, Sec. 9(b)(1), which substituted "$139" for
"$135", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Par. (1)(B). Pub. L. 109-461, Sec. 1005(b)(2), substituted "$240"
and "$70" for "$233" and "$68", respectively.
Pub. L. 109-444, Sec. 9(b)(2), which substituted "$240" and "$70"
for "$233" and "$68", respectively, was terminated by Pub. L. 109-
461, Sec. 1006(b). See Amendment notes above.
Par. (1)(C). Pub. L. 109-461, Sec. 1005(b)(3), substituted "$94"
and "$70" for "$91" and "$68", respectively.
Pub. L. 109-444, Sec. 9(b)(3), which substituted "$94" and "$70"
for "$91" and "$68", respectively, was terminated by Pub. L. 109-
461, Sec. 1006(b). See Amendment notes above.
Par. (1)(D). Pub. L. 109-461, Sec. 1005(b)(4), substituted "$112"
for "$109".
Pub. L. 109-444, Sec. 9(b)(4), which substituted "$112" for
"$109", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Par. (1)(E). Pub. L. 109-461, Sec. 1005(b)(5), substituted "$265"
for "$257".
Pub. L. 109-444, Sec. 9(b)(5), which substituted "$265" for
"$257", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Par. (1)(E)(ii). Pub. L. 109-233 substituted "blind, or so nearly
blind or significantly disabled as to" for "helpless or blind, or
so nearly helpless or blind as to".
Par. (1)(F). Pub. L. 109-461, Sec. 1005(b)(6), substituted "$222"
for "$215".
Pub. L. 109-444, Sec. 9(b)(6), which substituted "$222" for
"$215", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
2005 - Par. (1)(A). Pub. L. 109-111, Sec. 2(b)(1), substituted
"$135" for "$127".
Par. (1)(B). Pub. L. 109-111, Sec. 2(b)(2), substituted "$233"
and "$68" for "$219" and "$65", respectively.
Par. (1)(C). Pub. L. 109-111, Sec. 2(b)(3), substituted "$91" and
"$68" for "$86" and "$65", respectively.
Par. (1)(D). Pub. L. 109-111, Sec. 2(b)(4), substituted "$109"
for "$103".
Par. (1)(E). Pub. L. 109-111, Sec. 2(b)(5), substituted "$257"
for "$241".
Par. (1)(F). Pub. L. 109-111, Sec. 2(b)(6), substituted "$215"
for "$202".
2004 - Par. (1)(A). Pub. L. 108-454, Sec. 307(b)(1), substituted
"$127" for "$125".
Par. (1)(B). Pub. L. 108-454, Sec. 307(b)(2), substituted "$219"
and "$65" for "$215" and "$64", respectively.
Par. (1)(C). Pub. L. 108-454, Sec. 307(b)(3), substituted "$86"
and "$65" for "$85" and "$64", respectively.
Par. (1)(D). Pub. L. 108-454, Sec. 307(b)(4), substituted "$103"
for "$101".
Par. (1)(E). Pub. L. 108-454, Sec. 307(b)(5), substituted "$241"
for "$237".
Par. (1)(F). Pub. L. 108-454, Sec. 307(b)(6), substituted "$202"
for "$198".
2002 - Par. (1)(A). Pub. L. 107-330, Sec. 309(b)(1), substituted
"$125" for "$124".
Par. (1)(B). Pub. L. 107-330, Sec. 309(b)(2), substituted "$215"
for "$213".
Par. (1)(C). Pub. L. 107-330, Sec. 309(b)(3), substituted "$85"
for "$84".
Par. (1)(D). Pub. L. 107-330, Sec. 309(b)(4), substituted "$101"
for "$100".
Par. (1)(E). Pub. L. 107-330, Sec. 309(b)(5), substituted "$237"
for "$234".
Par. (1)(F). Pub. L. 107-330, Sec. 309(b)(6), substituted "$198"
for "$196".
2001 - Par. (1)(A). Pub. L. 107-94, Sec. 3(1), substituted "$124"
for "$117".
Par. (1)(B). Pub. L. 107-94, Sec. 3(2), substituted "$213" and
"$64" for "$201" and "$61", respectively.
Par. (1)(C). Pub. L. 107-94, Sec. 3(3), substituted "$84" and
"$64" for "$80" and "$61", respectively.
Par. (1)(D). Pub. L. 107-94, Sec. 3(4), substituted "$100" for
"$95".
Par. (1)(E). Pub. L. 107-94, Sec. 3(5), substituted "$234" for
"$222".
Par. (1)(F). Pub. L. 107-94, Sec. 3(6), substituted "$196" for
"$186".
1999 - Par. (1)(A). Pub. L. 106-118, Sec. 3(1), substituted
"$117" for "$114".
Par. (1)(B). Pub. L. 106-118, Sec. 3(2), substituted "$201" and
"$61" for "$195" and "$60", respectively.
Par. (1)(C). Pub. L. 106-118, Sec. 3(3), substituted "$80" and
"$61" for "$78" and "$60", respectively.
Par. (1)(D). Pub. L. 106-118, Sec. 3(4), substituted "$95" for
"$92".
Par. (1)(E). Pub. L. 106-118, Sec. 3(5), substituted "$222" for
"$215".
Par. (1)(F). Pub. L. 106-118, Sec. 3(6), substituted "$186" for
"$180".
1997 - Par. (1)(A). Pub. L. 105-98, Sec. 3(1), substituted "$114"
for "$105".
Par. (1)(B). Pub. L. 105-98, Sec. 3(2), substituted "$195" and
"$60" for "$178" and "$55", respectively.
Par. (1)(C). Pub. L. 105-98, Sec. 3(3), substituted "$78" and
"$60" for "$72" and "$55", respectively.
Par. (1)(D). Pub. L. 105-98, Sec. 3(4), substituted "$92" for
"$84".
Par. (1)(E). Pub. L. 105-98, Sec. 3(5), substituted "$215" for
"$195".
Par. (1)(F). Pub. L. 105-98, Sec. 3(6), substituted "$180" for
"$164".
1993 - Par. (1)(A). Pub. L. 103-140, Sec. 3(1), substituted
"$105" for "$103".
Pub. L. 103-78, Sec. 2(1), substituted "$103" for "$100".
Par. (1)(B). Pub. L. 103-140, Sec. 3(2), substituted "$178" for
"$174" and "$55" for "$54".
Pub. L. 103-78, Sec. 2(2), substituted "$174" for "$169" and
"$54" for "$52".
Par. (1)(C). Pub. L. 103-140, Sec. 3(3), substituted "$72" for
"$71" and "$55" for "$54".
Pub. L. 103-78, Sec. 2(3), substituted "$71" for "$69" and "$54"
for "$52".
Par. (1)(D). Pub. L. 103-140, Sec. 3(4), substituted "$84" for
"$82".
Pub. L. 103-78, Sec. 2(4), substituted "$82" for "$80".
Par. (1)(E). Pub. L. 103-140, Sec. 3(5), substituted "$195" for
"$191".
Pub. L. 103-78, Sec. 2(5), substituted "$191" for "$185".
Par. (1)(F). Pub. L. 103-140, Sec. 3(6), substituted "$164" for
"$160".
Pub. L. 103-78, Sec. 2(6), substituted "$160" for "$155".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 315 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1114" for "314" in
introductory provisions.
Par. (1)(A). Pub. L. 102-152, Sec. 3(1), substituted "$100" for
"$96".
Pub. L. 102-3, Sec. 3(1), substituted "$96" for "$92".
Par. (1)(B). Pub. L. 102-152, Sec. 3(2), substituted "$169" for
"$163" and "$52" for "$50".
Pub. L. 102-3, Sec. 3(2), substituted "$163" for "$155" and "$50"
for "$48".
Par. (1)(C). Pub. L. 102-152, Sec. 3(3), substituted "$69" for
"$67" and "$52" for "$50".
Pub. L. 102-3, Sec. 3(3), substituted "$67" for "$64" and "$50"
for "$48".
Par. (1)(D). Pub. L. 102-152, Sec. 3(4), substituted "$80" for
"$77".
Pub. L. 102-3, Sec. 3(4), substituted "$77" for "$74".
Par. (1)(E). Pub. L. 102-152, Sec. 3(5), substituted "$185" for
"$178".
Pub. L. 102-3, Sec. 3(5), substituted "$178" for "$169".
Par. (1)(F). Pub. L. 102-152, Sec. 3(6), substituted "$155" for
"$149".
Pub. L. 102-3, Sec. 3(6), substituted "$149" for "$142".
1989 - Par. (1)(A). Pub. L. 101-237, Sec. 102(1), substituted
"$92" for "$88".
Par. (1)(B). Pub. L. 101-237, Sec. 102(2), substituted "$155" and
"$48" for "$148" and "$46", respectively.
Par. (1)(C). Pub. L. 101-237, Sec. 102(3), substituted "$64" and
"$48" for "$61" and "$46", respectively.
Par. (1)(D). Pub. L. 101-237, Sec. 102(4), substituted "$74" for
"$71".
Par. (1)(E). Pub. L. 101-237, Sec. 102(5), substituted "$169" for
"$161".
Par. (1)(F). Pub. L. 101-237, Sec. 102(6), substituted "$142" for
"$136".
1988 - Par. (1)(A). Pub. L. 100-687, Sec. 1102(1), substituted
"$88" for "$85".
Par. (1)(B). Pub. L. 100-687, Sec. 1102(2), substituted "$148"
and "$46" for "$143" and "$45", respectively.
Par. (1)(C). Pub. L. 100-687, Sec. 1102(3), substituted "$61" and
"$46" for "$59" and "$45", respectively.
Par. (1)(D). Pub. L. 100-687, Sec. 1102(4), substituted "$71" for
"$69".
Par. (1)(E). Pub. L. 100-687, Sec. 1102(5), substituted "$161"
for "$155".
Par. (1)(F). Pub. L. 100-687, Sec. 1102(6), substituted "$136"
for "$131".
1987 - Par. (1)(A). Pub. L. 100-227, Sec. 102(1), substituted
"$85" for "$82".
Par. (1)(B). Pub. L. 100-227, Sec. 102(2), substituted "$143" and
"$45" for "$138" and "$44", respectively.
Par. (1)(C). Pub. L. 100-227, Sec. 102(3), substituted "$59" and
"$45" for "$57" and "$44", respectively.
Par. (1)(D). Pub. L. 100-227, Sec. 102(4), substituted "$69" for
"$67".
Par. (1)(E). Pub. L. 100-227, Sec. 102(5), substituted "$155" for
"$149".
Par. (1)(F). Pub. L. 100-227, Sec. 102(6), substituted "$131" for
"$126".
1986 - Par. (1)(A). Pub. L. 99-576, Sec. 102(1), substituted
"$82" for "$81".
Pub. L. 99-238, Sec. 102(1), substituted "$81" for "$79".
Par. (1)(B). Pub. L. 99-576, Sec. 102(2), substituted "$138" and
"$44" for "$136" and "$43", respectively.
Pub. L. 99-238, Sec. 102(2), substituted "$136" and "$43" for
"$132" and "$42", respectively.
Par. (1)(C). Pub. L. 99-576, Sec. 102(3), substituted "$57" and
"$44" for "$56" and "$43", respectively.
Pub. L. 99-238, Sec. 102(3), substituted "$56" and "$43" for
"$54" and "$42", respectively.
Par. (1)(D). Pub. L. 99-576, Sec. 102(4), substituted "$67" for
"$66".
Pub. L. 99-238, Sec. 102(4), substituted "$66" for "$64".
Par. (1)(E). Pub. L. 99-576, Sec. 102(5), substituted "$149" for
"$147".
Pub. L. 99-238, Sec. 102(5), substituted "$147" for "$143".
Par. (1)(F). Pub. L. 99-576, Sec. 102(6), substituted "$126" for
"$124".
Pub. L. 99-238, Sec. 102(6), substituted "$124" for "$120".
1984 - Pub. L. 98-223, Sec. 102(b), substituted "percent" for
"per centum" in provision preceding par. (1).
Par. (1)(A). Pub. L. 98-543, Sec. 102(1), substituted "$79" for
"$77".
Pub. L. 98-223, Sec. 102(a)(1), substituted "$77" for "$74".
Par. (1)(B). Pub. L. 98-543, Sec. 102(2), substituted "$132" and
"$42" for "$128" and "$41", respectively.
Pub. L. 98-223, Sec. 102(a)(2), substituted "$128" and "$41" for
"$124" and "$40", respectively.
Par. (1)(C). Pub. L. 98-543, Sec. 102(3), substituted "$54" and
"$42" for "$52" and "$41", respectively.
Pub. L. 98-223, Sec. 102(a)(3), substituted "$52" and "$41" for
"$50" and "$40", respectively.
Par. (1)(D). Pub. L. 98-543, Sec. 102(4), substituted "$64" for
"$62".
Pub. L. 98-223, Sec. 102(a)(4), substituted "$62" for "$60".
Par. (1)(E). Pub. L. 98-543, Sec. 102(5), substituted "$143" for
"$139".
Pub. L. 98-223, Sec. 102(a)(5), substituted "$139" for "$134".
Par. (1)(F). Pub. L. 98-543, Sec. 102(6), substituted "$120" for
"$116".
Pub. L. 98-223, Sec. 102(a)(6), substituted "$116" for "$112".
Par. (2). Pub. L. 98-223, Sec. 102(b), substituted "percent" for
"per centum".
1982 - Par. (1)(A). Pub. L. 97-306, Sec. 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, Secs. 102(1), 107, 108, added
subpar. (B), repealed amendment made by Pub. L. 97-253, Sec.
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, Sec. 405(c)(1), (h), eff. Jan. 1, 1983,
substituted "$115" for "$116".
Par. (1)(C). Pub. L. 97-306, Sec. 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, Secs. 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, Sec.
405(c)(2), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(c)(2), (h), eff. Jan. 1, 1983,
substituted "$37" for "$38" after "plus".
Par. (1)(E). Pub. L. 97-306, Sec. 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, Sec. 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, Secs. 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,
Sec. 405(c)(3), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(c)(3), (h), eff. Jan. 1, 1983,
substituted "$37" for "$38" after "plus".
Par. (1)(H) to (J). Pub. L. 97-306, Sec. 102(2), redesignated
subpars. (H), (I), and (J) as (D), (E), and (F), respectively.
Par. (2). Pub. L. 97-253, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 102(a)(10), (b)(1)(B),
substituted "paragraph" for "subsection", "$82" for "$75", and
"section" for "subsection".
Par. (2). Pub. L. 96-128, Sec. 102(b)(2), inserted "of this
section" after "(1)".
1978 - Pub. L. 95-479, Sec. 102(b), substituted "30 per centum"
for "50 per centum" in provisions preceding par. (1).
Par. (1). Pub. L. 95-479, Sec. 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, Sec. 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, Sec. 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, Secs. 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, Sec. 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 2009 AMENDMENT
Amendment by Pub. L. 111-37 effective Dec. 1, 2008, see section
3(g) of Pub. L. 111-37, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110-324 effective Dec. 1, 2007, see section
3(f) of Pub. L. 110-324, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by Pub. L. 109-111 effective Dec. 1, 2005, see section
2(f) of Pub. L. 109-111, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107-94 effective Dec. 1, 2001, see section 7
of Pub. L. 107-94, set out as a note under section 1114 of this
title.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106-118 effective Dec. 1, 1999, see section
7 of Pub. L. 106-118, set out as a note under section 1114 of this
title.
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, Secs. 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.
-End-
-CITE-
38 USC Sec. 1116 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER II - WARTIME DISABILITY COMPENSATION
-HEAD-
Sec. 1116. Presumptions of service connection for diseases
associated with exposure to certain herbicide agents; presumption
of exposure for veterans who served in the Republic of Vietnam
-STATUTE-
(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 of disability of 10
percent or more.
(G) Multiple myeloma becoming manifest to a degree of
disability of 10 percent or more.
(H) Diabetes Mellitus (Type 2).
(3) 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 on
September 30, 2015.
(f) For purposes of establishing service connection for a
disability or death resulting from exposure to a herbicide agent,
including a presumption of service-connection under this section, 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, 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.
-SOURCE-
(Added Pub. L. 102-4, Sec. 2(a)(1), Feb. 6, 1991, 105 Stat. 11,
Sec. 316; renumbered Sec. 1116 and amended Pub. L. 102-83, Sec.
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446, title
V, Sec. 505, title XII, Sec. 1201(e)(6), Nov. 2, 1994, 108 Stat.
4664, 4685; Pub. L. 104-275, title V, Sec. 505(b), Oct. 9, 1996,
110 Stat. 3342; Pub. L. 106-419, title IV, Sec. 404(a)(1), Nov. 1,
2000, 114 Stat. 1864; Pub. L. 107-103, title II, Sec. 201(a)(1)(A),
(b)-(c)(2)(A), (d)(1), Dec. 27, 2001, 115 Stat. 987, 988.)
-REFTEXT-
REFERENCES IN TEXT
Section 3 of the Agent Orange Act of 1991, referred to in
subsecs. (b)(2) and (c)(1)(A), is section 3 of Pub. L. 102-4, which
is set out below.
-MISC1-
AMENDMENTS
2001 - Pub. L. 107-103, Sec. 201(c)(2)(A), amended section
catchline generally. Prior to amendment, catchline read as follows:
"Presumptions of service connection for diseases associated with
exposure to certain herbicide agents".
Subsec. (a)(2)(F). Pub. L. 107-103, Sec. 201(a)(1)(A), struck out
"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" before period at end.
Subsec. (a)(2)(H). Pub. L. 107-103, Sec. 201(b), added subpar.
(H).
Subsec. (a)(3), (4). Pub. L. 107-103, Sec. 201(c)(1)(B),
redesignated par. (4) as (3). Former par. (3) redesignated as
subsec. (f).
Subsec. (e). Pub. L. 107-103, Sec. 201(d)(1), substituted "on
September 30, 2015" for "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".
Subsec. (f). Pub. L. 107-103, Sec. 201(c)(1)(A), (C),
redesignated subsec. (a)(3) as (f), substituted "For purposes of
establishing service connection for a disability or death resulting
from exposure to a herbicide agent, including a presumption of
service-connection under this section, a veteran" for "For the
purposes of this subsection, a veteran", and struck out "and has a
disease referred to in paragraph (1)(B) of this subsection" after
"May 7, 1975,".
2000 - Subsec. (a)(2)(F). Pub. L. 106-419 inserted "of
disability" after "to a degree".
1996 - Subsec. (a)(1)(A). Pub. L. 104-275, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1201(e)(6),
substituted "(i)" for "(1)" and "(ii)" for "(2)".
Subsec. (a)(2)(D) to (G). Pub. L. 103-446, Sec. 505, added
subpars. (D) to (G).
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 316 of this
title as this section.
Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "1110"
for "310" and "1113" for "313" in introductory provisions.
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107-103, title II, Sec. 201(a)(1)(B), Dec. 27, 2001, 115
Stat. 987, provided that: "The amendment made by subparagraph (A)
[amending this section] shall take effect January 1, 2002."
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.
REPORT ON TIME LIMIT FOR PRESUMPTION OF CANCER CAUSED BY HERBICIDE
AGENT
Pub. L. 107-103, title II, Sec. 201(a)(2)-(4), Dec. 27, 2001, 115
Stat. 987, provided that:
"(2) The Secretary of Veterans Affairs shall enter into a
contract with the National Academy of Sciences, not later than six
months after the date of the enactment of this Act [Dec. 27, 2001],
for the performance of a study to include a review of all available
scientific literature on the effects of exposure to an herbicide
agent containing dioxin on the development of respiratory cancers
in humans and whether it is possible to identify a period of time
after exposure to herbicides after which a presumption of service-
connection for such exposure would not be warranted. Under the
contract, the National Academy of Sciences shall submit a report to
the Secretary setting forth its conclusions. The report shall be
submitted not later than 18 months after the contract is entered
into.
"(3) For a period of six months beginning on the date of the
receipt of the report of the National Academy of Sciences under
paragraph (2), the Secretary may, if warranted by clear scientific
evidence presented in the National Academy of Sciences report,
initiate a rulemaking under which the Secretary would specify a
limit on the number of years after a claimant's departure from
Vietnam after which respiratory cancers would not be presumed to
have been associated with the claimant's exposure to herbicides
while serving in Vietnam. Any such limit under such a rule may not
take effect until 120 days have passed after the publication of a
final rule to impose such a limit.
"(4)(A) Subject to subparagraphs (B) and (C), if the Secretary
imposes such a limit under paragraph (3), that limit shall be
effective only as to claims filed on or after the effective date of
that limit.
"(B) In the case of any veteran whose disability or death due to
respiratory cancer is found by the Secretary to be service-
connected under section 1116(a)(2)(F) of title 38, United States
Code, as amended by paragraph (1), such disability or death shall
remain service-connected for purposes of all provisions of law
under such title notwithstanding the imposition, if any, of a time
limit by the Secretary by rulemaking authorized under paragraph
(3).
"(C) Subaragraph [sic] (B) does not apply in a case in which -
"(i) the original award of compensation or service connection
was based on fraud; or
"(ii) it is clearly shown from military records that the person
concerned did not have the requisite service or character of
discharge."
AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES
Section 3 of Pub. L. 102-4, as amended by Pub. L. 102-83, Sec.
5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-86, title V, Sec.
503(a), (b)(1), Aug. 14, 1991, 105 Stat. 424, 425; Pub. L. 107-103,
title II, Sec. 201(d)(2), Dec. 27, 2001, 115 Stat. 988, 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 on
October 1, 2014.
"(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, Sec.
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, Sec.
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, Sec. 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, Sec. 307, Dec. 20, 1979, 93 Stat.
1097, as amended by Pub. L. 97-72, title IV, Sec. 401, Nov. 3,
1981, 95 Stat. 1061; Pub. L. 98-542, Sec. 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.
-End-
-CITE-
38 USC Sec. 1117 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER II - WARTIME DISABILITY COMPENSATION
-HEAD-
Sec. 1117. Compensation for disabilities occurring in Persian Gulf
War veterans
-STATUTE-
(a)(1) The Secretary may pay compensation under this subchapter
to a Persian Gulf veteran with a qualifying chronic disability that
became manifest -
(A) during service on active duty in the Armed Forces in the
Southwest Asia theater of operations during the Persian Gulf War;
or
(B) to a degree of 10 percent or more during the presumptive
period prescribed under subsection (b).
(2) For purposes of this subsection, the term "qualifying chronic
disability" means a chronic disability resulting from any of the
following (or any combination of any of the following):
(A) An undiagnosed illness.
(B) A medically unexplained chronic multisymptom illness (such
as chronic fatigue syndrome, fibromyalgia, and irritable bowel
syndrome) that is defined by a cluster of signs or symptoms.
(C) Any diagnosed illness that the Secretary determines in
regulations prescribed under subsection (d) warrants a
presumption of service-connection.
(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 previously
established under this section is no longer warranted -
(A) a veteran who was awarded compensation under this section
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 on September 30,
2011.
(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.
(g) For purposes of this section, signs or symptoms that may be a
manifestation of an undiagnosed illness or a chronic multisymptom
illness include the following:
(1) Fatigue.
(2) Unexplained rashes or other dermatological signs or
symptoms.
(3) Headache.
(4) Muscle pain.
(5) Joint pain.
(6) Neurological signs and symptoms.
(7) Neuropsychological signs or symptoms.
(8) Signs or symptoms involving the upper or lower respiratory
system.
(9) Sleep disturbances.
(10) Gastrointestinal signs or symptoms.
(11) Cardiovascular signs or symptoms.
(12) Abnormal weight loss.
(13) Menstrual disorders.
(h)(1) If the Secretary determines with respect to a medical
research project sponsored by the Department that it is necessary
for the conduct of the project that Persian Gulf veterans in
receipt of compensation under this section or section 1118 of this
title participate in the project without the possibility of loss of
service connection under either such section, the Secretary shall
provide that service connection granted under either such section
for disability of a veteran who participated in the research
project may not be terminated. Except as provided in paragraph (2),
notwithstanding any other provision of law any grant of service-
connection protected under this subsection shall remain service-
connected for purposes of all provisions of law under this title.
(2) Paragraph (1) does not apply in a case in which -
(A) the original award of compensation or service connection
was based on fraud; or
(B) it is clearly shown from military records that the person
concerned did not have the requisite service or character of
discharge.
(3) The Secretary shall publish in the Federal Register a list of
medical research projects sponsored by the Department for which
service connection granted under this section or section 1118 of
this title may not be terminated pursuant to paragraph (1).
-SOURCE-
(Added Pub. L. 103-446, title I, Sec. 106(a)(1), Nov. 2, 1994, 108
Stat. 4650; amended Pub. L. 105-277, div. C, title XVI, Sec.
1602(c), Oct. 21, 1998, 112 Stat. 2681-744; Pub. L. 107-103, title
II, Secs. 202(a), (b)(1), (d)(1), 203(a), Dec. 27, 2001, 115 Stat.
988, 989; Pub. L. 109-233, title V, Sec. 503(1), June 15, 2006, 120
Stat. 415.)
-MISC1-
AMENDMENTS
2006 - Subsec. (h)(1). Pub. L. 109-233 substituted
"notwithstanding" for "nothwithstanding".
2001 - Subsec. (a). Pub. L. 107-103, Sec. 202(a)(1), amended
subsec. (a) generally. Prior to amendment, subsec. (a) read as
follows: "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)."
Subsec. (c)(1). Pub. L. 107-103, Sec. 202(a)(2)(A), struck out
"for an undiagnosed illness (or combination of undiagnosed
illnesses)" after "service connection" in introductory provisions.
Subsec. (c)(1)(A). Pub. L. 107-103, Sec. 202(a)(2)(B), struck out
"for such illness (or combination of illnesses)" after "awarded
compensation under this section".
Subsec. (c)(2). Pub. L. 107-103, Sec. 202(d)(1), substituted "on
September 30, 2011" for "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".
Subsec. (g). Pub. L. 107-103, Sec. 202(b)(1), added subsec. (g).
Subsec. (h). Pub. L. 107-103, Sec. 203(a), added subsec. (h).
1998 - Subsecs. (c) to (f). Pub. L. 105-277 added subsec. (c) and
redesignated former subsecs. (c) to (e) as (d) to (f),
respectively.
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107-103, title II, Sec. 202(c), Dec. 27, 2001, 115 Stat.
989, provided that: "The amendments made by subsections (a) and (b)
[amending this section and section 1118 of this title] shall take
effect on March 1, 2002."
Pub. L. 107-103, title II, Sec. 203(b), Dec. 27, 2001, 115 Stat.
990, provided that: "The authority provided by subsection (h) of
section 1117 of title 38, United States Code, as added by
subsection (a), may be used by the Secretary of Veterans Affairs
with respect to any medical research project of the Department of
Veterans Affairs, whether commenced before, on, or after the date
of the enactment of this Act [Dec. 27, 2001]."
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."
AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES REGARDING EVALUATION OF
HEALTH CONSEQUENCES OF SERVICE IN SOUTHWEST ASIA DURING THE PERSIAN
GULF WAR
Pub. L. 105-368, title I, Sec. 101, Nov. 11, 1998, 112 Stat.
3317, as amended by Pub. L. 111-275, title VIII, Sec. 806(b)(1),
(2), Oct. 13, 2010, 124 Stat. 2891, 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 a part of the
Federal Government, to review and evaluate the available scientific
evidence regarding associations between illness and service in the
Persian Gulf War.
"(b) Agreement. - (1) 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 2 months after the date of the enactment of this Act
[Nov. 11, 1998].
"(2)(A) If the Secretary is unable within the time period set
forth in paragraph (1) to enter into an agreement with the Academy
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 Federal Government, operates
as a not-for-profit entity, and has expertise and objectivity
comparable to that of the Academy.
"(B) If the Secretary enters into an agreement with another
organization under this paragraph, any reference in this section to
the National Academy of Sciences shall be treated as a reference to
such other organization.
"(c) Review of Scientific Evidence. - (1) Under the agreement
under subsection (b), the National Academy of Sciences shall
conduct a comprehensive review and evaluation of the available
scientific and medical information regarding the health status of
veterans who served in the Armed Forces in the Southwest Asia
theater of operations during the Persian Gulf War or, after
September 11, 2001, in another Post-9/11 Global Theater of
Operations and the health consequences of exposures to risk factors
during such service. In conducting such review and evaluation, the
Academy shall -
"(A) identify the biological, chemical, or other toxic agents,
environmental or wartime hazards, or preventive medicines or
vaccines (including the agents specified in subsection (d)(1)) to
which members of the Armed Forces who may have been exposed by
reason of service in the Southwest Asia theater of operations
during the Persian Gulf War or, after September 11, 2001, in
another Post-9/11 Global Theater of Operations;
"(B) identify the illnesses associated with the agents,
hazards, or medicines or vaccines identified under subparagraph
(A); and
"(C) identify the illnesses (including diagnosed illnesses and
undiagnosed illnesses) for which there is scientific evidence of
a higher prevalence among populations of Gulf War veterans when
compared with other appropriate populations of individuals.
"(2) In identifying illnesses under subparagraphs (B) and (C) of
paragraph (1), the Academy shall review and summarize the relevant
scientific evidence regarding illnesses, including symptoms,
adverse reproductive health outcomes, and mortality, among the
members described in paragraph (1)(A) and among other appropriate
populations of individuals.
"(3) In conducting the review and evaluation under paragraph (1),
the Academy shall, for each illness identified under subparagraph
(B) or (C) of that paragraph, assess the latency period, if any,
between service or exposure to any potential risk factor (including
an agent, hazard, or medicine or vaccine identified under
subparagraph (A) of that paragraph) and the manifestation of such
illness.
"(d) Specified Agents. - (1) In identifying under subsection
(c)(1)(A) the agents, hazards, or preventive medicines or vaccines
to which members of the Armed Forces may have been exposed, the
National Academy of Sciences shall consider 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 hydrocarbons 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.
"(G) The following sources of 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 escherichia 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 (h).
"(3) Not later than 6 months after entry into the agreement under
subsection (b), the Academy shall submit to the Committees on
Veterans' Affairs of the Senate and the House of Representatives a
report specifying the agents, hazards, and medicines and vaccines
considered under paragraph (1).
"(e) Scientific Determinations Concerning Illnesses. - (1) For
each illness identified under subparagraph (B) or (C) of subsection
(c)(1), the National Academy of Sciences shall determine (to the
extent available scientific evidence permits) whether there is
scientific evidence of an association of that illness with service
in the Armed Forces in the Southwest Asia theater of operations
during the Persian Gulf War or, after September 11, 2001, in
another Post-9/11 Global Theater of Operations or exposure during
such service to one or more agents, hazards, or medicines or
vaccines. In making those determinations, the Academy shall
consider -
"(A) the strength of scientific evidence, the replicability of
results, the statistical significance of results, and the
appropriateness of the scientific methods used to detect the
association;
"(B) in any case where there is evidence of an apparent
association, whether there is reasonable confidence that that
apparent association is not due to chance, bias, or confounding;
"(C) the increased risk of the illness among human or animal
populations exposed to the agents, hazards, or medicines or
vaccines;
"(D) whether a plausible biological mechanism or other evidence
of a causal relationship exists between exposure to the agents,
hazards, or medicines or vaccines and the illnesses;
"(E) in any case where information about exposure levels is
available, whether the evidence indicates that the levels of
exposure of the studied populations were of the same magnitude as
the estimated likely exposures of veterans described in
subsection (c)(1); and
"(F) whether there is an increased risk of illness among
veterans described in subsection (c)(1) in comparison with
appropriate peer groups.
"(2) The Academy shall include in its reports under subsection
(h) a full discussion of the scientific evidence and reasoning that
led to its conclusions under this subsection.
"(f) 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
service described in subsection (c)(1)(A) or exposure to toxic
agents, environmental or wartime hazards, or preventive medicines
or vaccines associated with such 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.
"(g) 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
information referred to in subsection (c), the evidence referred
to in subsection (e), and the data referred to in subsection (f)
that became available since the last review of such information,
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.
"(h) Reports by Academy. - (1) Under the agreement under
subsection (b), the National Academy of Sciences shall submit to
the Committees on Veterans' Affairs of the Senate and the House of
Representatives and the Secretary of Veterans Affairs periodic
written reports regarding the Academy's activities under the
agreement.
"(2) The first report under paragraph (1) shall be submitted not
later than 2 years after entry into the agreement under subsection
(b). That report shall include -
"(A) the determinations and discussion referred to in
subsection (e); and
"(B) any recommendations of the Academy under subsection (f).
"(3) Reports shall be submitted under this subsection at least
once every 2 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) In each report under this subsection submitted after the
date of the enactment of this paragraph [Oct. 13, 2010], any
determinations, discussions, and recommendations as described in
paragraph (2) shall be submitted separately as follows:
"(A) For the Southwest Asia theater of operations for the
period of the Persian Gulf War ending on September 11, 2001.
"(B) For the Post-9/11 Global Theaters of Operations for the
period of the Persian Gulf War beginning on September 11, 2001.
"(i) Reports by Secretary. - (1) The Secretary shall review each
report from the Academy under subsection (h). As part of such
review, the Secretary shall seek comments on, and evaluation of,
the Academy's report from the heads of other affected departments
and agencies of the United States.
"(2) Based upon a review under paragraph (1), the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and the
House of Representatives a report on the available scientific and
medical information regarding the health consequences of service
described in subsection (c)(1)(A) and of exposures to risk factors
during such service. The Secretary shall include in the report the
Secretary's recommendations as to whether there is sufficient
evidence to warrant a presumption of service-connection for the
occurrence of a specified condition in veterans described in
subsection (c)(1)(A). In determining whether to make such a
recommendation, the Secretary shall consider the matters specified
in subparagraphs (A) through (F) of subsection (e)(1).
"(3) The report under this subsection shall be submitted not
later than 120 days after the date on which the Secretary receives
the report from the Academy.
"(4) In each report under this subsection submitted after the
date of the enactment of this paragraph [Oct. 13, 2010], any
recommendations as described in paragraph (2) shall be submitted
separately as follows:
"(A) For the Southwest Asia theater of operations for the
period of the Persian Gulf War ending on September 11, 2001.
"(B) For the Post-9/11 Global Theaters of Operations for the
period of the Persian Gulf War beginning on September 11, 2001.
"(j) Sunset. - This section shall cease to be effective on
October 1, 2018.
"(k) Definition. - In this section:
"(1) The term 'Persian Gulf War' has the meaning given that
term in section 101(33) of title 38, United States Code.
"(2) The term 'Post-9/11 Global Theater of Operations' means
Afghanistan, Iraq, and any other theater of operations for which
the Global War on Terrorism Expeditionary Medal is awarded for
service.
"(3) The term 'toxic agent, environmental or wartime hazard, or
preventive medicine or vaccine', with respect to service
described in subsection (c)(1)(A), 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 described in such subsection (c)(1)(A),
whether such association arises as a result of single, repeated,
or sustained exposure and whether such association arises through
exposure singularly or in combination."
IMPROVING EFFECTIVENESS OF CARE OF PERSIAN GULF WAR VETERANS
Pub. L. 105-368, title I, Sec. 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, Secs. 1603-1605, Oct. 21,
1998, 112 Stat. 2681-745 to 2681-748, as amended by Pub. L. 107-
103, title II, Sec. 202(d)(2), Dec. 27, 2001, 115 Stat. 989; Pub.
L. 111-275, title VIII, Sec. 806(a), (b)(3), Oct. 13, 2010, 124
Stat. 2890, 2893, 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 may have been
exposed by reason of service in the Southwest Asia theater of
operations during the Persian Gulf War or, after September 11,
2001, in another Post-9/11 Global Theater of Operations; 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 service described
in subsection (c)(1)(A).
"(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 (6) 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) In each report under this subsection submitted after the
date of the enactment of this paragraph [Oct. 13, 2010], any
determinations, results, and recommendations as described in
paragraph (2) shall be submitted separately as follows:
"(A) For the Southwest Asia theater of operations for the
period of the Persian Gulf War ending on September 11, 2001.
"(B) For the Post-9/11 Global Theaters of Operations for the
period of the Persian Gulf War beginning on September 11, 2001.
"(6) 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 on
October 1, 2015.
"(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.
"(l) Definitions. - In this section:
"(1) The term 'Persian Gulf War' has the meaning given that
term in section 101(33) of title 38, United States Code.
"(2) The term 'Post-9/11 Global Theater of Operations' means
Afghanistan, Iraq, and any other theater of operations for which
the Global War on Terrorism Expeditionary Medal is awarded for
service.
"[SEC. 1604. Repealed. Pub. L. 111-275, title VIII, Sec.
806(b)(3), Oct. 13, 2010, 124 Stat. 2893.]
"SEC. 1605. DEFINITIONS.
"In this title [enacting section 1118 of this title, amending
this section and section 1113 of this title, and enacting this note
and provisions set out as a note under section 101 of 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."
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, Sec. 352(a), Oct.
9, 1996, 110 Stat. 3210; Pub. L. 105-368, title I, Sec. 107, Nov.
11, 1998, 112 Stat. 3325; Pub. L. 106-117, title II, Sec. 205(b),
(c), Nov. 30, 1999, 113 Stat. 1563, 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, 2003.
"(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, 2003.
"(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, Sec. 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.
-EXEC-
EXECUTIVE ORDER NO. 12961
Ex. Ord. No. 12961, May 26, 1995, 60 F.R. 28507, which
established the Presidential Advisory Committee on Gulf War
Veterans' Illnesses, was revoked by Ex. Ord. No. 13138, Sec. 3(g),
Sept. 30, 1999, 64 F.R. 53880, formerly set out as a note under
section 14 of the Appendix to Title 5, Government Organization and
Employees.
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.
-End-
-CITE-
38 USC Sec. 1118 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER II - WARTIME DISABILITY COMPENSATION
-HEAD-
Sec. 1118. Presumptions of service connection for illnesses
associated with service in the Persian Gulf during the Persian
Gulf War
-STATUTE-
(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.
(4) For purposes of this section, signs or symptoms that may be a
manifestation of an undiagnosed illness include the signs and
symptoms listed in section 1117(g) of this title.
(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 on
September 30, 2011.
-SOURCE-
(Added Pub. L. 105-277, div. C, title XVI, Sec. 1602(a)(1), Oct.
21, 1998, 112 Stat. 2681-742; amended Pub. L. 107-103, title II,
Sec. 202(b)(2), (d)(1), Dec. 27, 2001, 115 Stat. 989.)
-REFTEXT-
REFERENCES IN TEXT
Section 1603 of the Persian Gulf War Veterans Act of 1998,
referred to in subsecs. (b)(2)(A)(i) and (c)(1), is section 1603 of
Pub. L. 105-277, which is set out in a note under section 1117 of
this title.
-MISC1-
AMENDMENTS
2001 - Subsec. (a)(4). Pub. L. 107-103, Sec. 202(b)(2), added
par. (4).
Subsec. (e). Pub. L. 107-103, Sec. 202(d)(1), substituted "on
September 30, 2011" for "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".
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by section 202(b)(2) of Pub. L. 107-103 effective Mar.
1, 2002, see section 202(c) of Pub. L. 107-103, set out as a note
under section 1117 of this title.
-End-
-CITE-
38 USC SUBCHAPTER III - WARTIME DEATH COMPENSATION 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER III - WARTIME DEATH COMPENSATION
-HEAD-
SUBCHAPTER III - WARTIME DEATH COMPENSATION
-End-
-CITE-
38 USC Sec. 1121 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER III - WARTIME DEATH COMPENSATION
-HEAD-
Sec. 1121. Basic entitlement
-STATUTE-
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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, Sec. 321; Pub. L. 92-
197, Sec. 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94-433, title
IV, Sec. 404(12), Sept. 30, 1976, 90 Stat. 1378; renumbered Sec.
1121 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991,
105 Stat. 406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 321 of this
title as this section.
Pub. L. 102-83, Sec. 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.
-End-
-CITE-
38 USC Sec. 1122 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER III - WARTIME DEATH COMPENSATION
-HEAD-
Sec. 1122. Rates of wartime death compensation
-STATUTE-
(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) blind, or so nearly blind or significantly
disabled as to need or require the regular aid and attendance of
another person.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, Sec. 322; Pub. L. 91-
96, Sec. 7, Oct. 27, 1969, 83 Stat. 146; Pub. L. 91-588, Sec.
3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 92-197, Sec. 9, Dec.
15, 1971, 85 Stat. 662; Pub. L. 93-295, title II, Sec. 204, May 31,
1974, 88 Stat. 183; Pub. L. 94-169, title II, Sec. 202, Dec. 23,
1975, 89 Stat. 1021; Pub. L. 94-432, title IV, Sec. 401, Sept. 30,
1976, 90 Stat. 1372; Pub. L. 94-433, title IV, Sec. 404(13)-(17),
Sept. 30, 1976, 90 Stat. 1378, 1379; Pub. L. 95-204, title III,
Sec. 301, Dec. 2, 1977, 91 Stat. 1459; renumbered Sec. 1122, Pub.
L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 109-233,
title V, Sec. 502(3), June 15, 2006, 120 Stat. 415.)
-MISC1-
AMENDMENTS
2006 - Subsec. (b)(2). Pub. L. 109-233 substituted "blind, or so
nearly blind or significantly disabled as to" for "helpless or
blind, or so nearly helpless or blind as to".
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, Sec. 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, Sec. 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.
-End-
-CITE-
38 USC SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION
-HEAD-
SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION
-End-
-CITE-
38 USC Sec. 1131 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION
-HEAD-
Sec. 1131. Basic entitlement
-STATUTE-
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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, Sec. 331; Pub. L.
101-508, title VIII, Sec. 8052(a)(3), Nov. 5, 1990, 104 Stat. 1388-
351; renumbered Sec. 1131, Pub. L. 102-83, Sec. 5(a), Aug. 6,
1991, 105 Stat. 406; Pub. L. 105-178, title VIII, Sec. 8202(b),
June 9, 1998, 112 Stat. 492; Pub. L. 105-206, title IX, Sec.
9014(a), July 22, 1998, 112 Stat. 865.)
-MISC1-
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, Sec. 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.
-End-
-CITE-
38 USC Sec. 1132 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION
-HEAD-
Sec. 1132. Presumption of sound condition
-STATUTE-
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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, Sec. 332; renumbered
Sec. 1132 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 332 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1131" for "331".
-End-
-CITE-
38 USC Sec. 1133 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION
-HEAD-
Sec. 1133. Presumptions relating to certain diseases
-STATUTE-
(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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, Sec. 333; renumbered
Sec. 1133 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 333 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1131" for
"331".
-End-
-CITE-
38 USC Sec. 1134 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION
-HEAD-
Sec. 1134. Rates of peacetime disability compensation
-STATUTE-
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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, Sec. 334; Pub. L. 92-
328, title I, Sec. 108(a), June 30, 1972, 86 Stat. 396; renumbered
Sec. 1134 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 334 of this
title as this section.
Pub. L. 102-83, Sec. 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."
-End-
-CITE-
38 USC Sec. 1135 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION
-HEAD-
Sec. 1135. Additional compensation for dependents
-STATUTE-
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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, Sec. 335; Pub. L. 92-
328, title I, Sec. 108(b), June 30, 1972, 86 Stat. 396; Pub. L. 98-
543, title I, Sec. 112(a), Oct. 24, 1984, 98 Stat. 2740;
renumbered Sec. 1135 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),
Aug. 6, 1991, 105 Stat. 406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 335 of this
title as this section.
Pub. L. 102-83, Sec. 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.
-End-
-CITE-
38 USC Sec. 1136 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION
-HEAD-
[Sec. 1136. Vacant]
-COD-
CODIFICATION
Prior to renumbering of sections 301 to 363 of this chapter as
sections 1101 to 1163 by Pub. L. 102-83, Sec. 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, Sec. 108(c), title III, Sec. 301(b),
June 30, 1972, 86 Stat. 396, 398, effective July 1, 1973.
-End-
-CITE-
38 USC Sec. 1137 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION
-HEAD-
Sec. 1137. Wartime presumptions for certain veterans
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 89-358, Sec. 7(a), Mar. 3, 1966, 80 Stat. 27, Sec.
337; amended Pub. L. 93-295, title II, Sec. 205, May 31, 1974, 88
Stat. 183; renumbered Sec. 1137 and amended Pub. L. 102-83, Sec.
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 337 of this
title as this section.
Pub. L. 102-83, Sec. 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.
-End-
-CITE-
38 USC SUBCHAPTER V - PEACETIME DEATH COMPENSATION 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER V - PEACETIME DEATH COMPENSATION
-HEAD-
SUBCHAPTER V - PEACETIME DEATH COMPENSATION
-End-
-CITE-
38 USC Sec. 1141 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER V - PEACETIME DEATH COMPENSATION
-HEAD-
Sec. 1141. Basic entitlement
-STATUTE-
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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, Sec. 341; Pub. L. 92-
197, Sec. 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94-433, title
IV, Sec. 404(18), Sept. 30, 1976, 90 Stat. 1379; renumbered Sec.
1141, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)
-MISC1-
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.
-End-
-CITE-
38 USC Sec. 1142 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER V - PEACETIME DEATH COMPENSATION
-HEAD-
Sec. 1142. Rates of peacetime death compensation
-STATUTE-
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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, Sec. 342; Pub. L. 93-
295, title II, Sec. 206(a), May 31, 1974, 88 Stat. 183; renumbered
Sec. 1142 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 342 of this
title as this section.
Pub. L. 102-83, Sec. 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.
-End-
-CITE-
38 USC Sec. 1143 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER V - PEACETIME DEATH COMPENSATION
-HEAD-
[Sec. 1143. Vacant]
-COD-
CODIFICATION
Prior to renumbering of sections 301 to 363 of this chapter as
sections 1101 to 1163 by Pub. L. 102-83, Sec. 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, Sec. 206(b), title IV, Sec. 401, May 31, 1974, 88
Stat. 183, 184, effective May 1, 1974.
-End-
-CITE-
38 USC SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS
-HEAD-
SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS
-End-
-CITE-
38 USC Sec. 1151 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS
-HEAD-
Sec. 1151. Benefits for persons disabled by treatment or vocational
rehabilitation
-STATUTE-
(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 (A) 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,
or (B) by participation in a program (known as a "compensated
work therapy program") under section 1718 of this title.
(b)(1) 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 (except as otherwise provided in paragraph (2)) 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.
(2) In the case of a judgment, settlement, or compromise covered
by paragraph (1) that becomes final on or after the date of the
enactment of this paragraph and that includes an amount that is
specifically designated for a purpose for which benefits are
provided under chapter 21 or 39 of this title (hereinafter in this
paragraph referred to as the "offset amount"), if such judgment,
settlement, or compromise becomes final before the date of the
award of benefits under chapter 21 or 39 for the purpose for which
the offset amount was specifically designated -
(A) the amount of such award shall be reduced by the offset
amount; and
(B) if the offset amount is greater than the amount of such
award, the excess amount received pursuant to the judgment,
settlement or compromise, shall be offset against benefits
otherwise payable under this chapter.
(c) A qualifying additional disability under this section shall
be treated in the same manner as if it were a service-connected
disability for purposes of the following provisions of this title:
(1) Chapter 21, relating to specially adapted housing.
(2) Chapter 39, relating to automobiles and adaptive equipment.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, Sec. 351; Pub. L. 87-
825, Sec. 3, Oct. 15, 1962, 76 Stat. 950; Pub. L. 91-24, Sec. 3,
June 11, 1969, 83 Stat. 33; Pub. L. 94-433, title IV, Sec. 404(19),
Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98-223, title II, Sec.
213(1), Mar. 2, 1984, 98 Stat. 46; renumbered Sec. 1151 and amended
Pub. L. 102-83, Secs. 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403,
406; Pub. L. 104-204, title IV, Sec. 422(a), Sept. 26, 1996, 110
Stat. 2926; Pub. L. 106-419, title III, Sec. 303, Nov. 1, 2000, 114
Stat. 1853; Pub. L. 108-454, title III, Sec. 304(a),(c), Dec. 10,
2004, 118 Stat. 3611.)
-REFTEXT-
REFERENCES IN TEXT
The date of the enactment of this paragraph, referred to in
subsec. (b)(2), is the date of enactment of Pub. L. 108-454, which
was approved Dec. 10, 2004.
-MISC1-
AMENDMENTS
2004 - Subsec. (b). Pub. L. 108-454, Sec. 304(c), designated
existing provision as par. (1), inserted "(except as otherwise
provided in paragraph (2))" after "service-connected, then", and
added par. (2).
Subsec. (c). Pub. L. 108-454, Sec. 304(a), added subsec. (c).
2000 - Subsec. (a)(2). Pub. L. 106-419 inserted "(A)" after
"proximately caused" and added cl. (B).
1996 - Subsec. (a). Pub. L. 104-204, Sec. 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, Sec. 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, Sec. 5(a), renumbered section 351 of this
title as this section.
Pub. L. 102-83, Sec. 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 2004 AMENDMENT
Pub. L. 108-454, title III, Sec. 304(b), Dec. 10, 2004, 118 Stat.
3611, provided that: "Subsection (c) of section 1151 of title 38,
United States Code, as added by subsection (a), shall apply with
respect to eligibility for benefits and services provided by the
Secretary of Veterans Affairs on or after the date of the enactment
of this Act [Dec. 10, 2004]."
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.
-End-
-CITE-
38 USC Sec. 1152 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS
-HEAD-
Sec. 1152. Persons heretofore having a compensable status
-STATUTE-
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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, Sec. 352; renumbered
Sec. 1152, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83 renumbered section 352 of this title as
this section.
-End-
-CITE-
38 USC Sec. 1153 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS
-HEAD-
Sec. 1153. Aggravation
-STATUTE-
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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, Sec. 353; renumbered
Sec. 1153, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83 renumbered section 353 of this title as
this section.
-End-
-CITE-
38 USC Sec. 1154 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS
-HEAD-
Sec. 1154. Consideration to be accorded time, place, and
circumstances of service
-STATUTE-
(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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, Sec. 354; Pub. L. 94-
433, title IV, Sec. 404(20), Sept. 30, 1976, 90 Stat. 1379; Pub.
L. 98-542, Sec. 4, Oct. 24, 1984, 98 Stat. 2727; Pub. L. 102-54,
Sec. 14(b)(1), June 13, 1991, 105 Stat. 282; renumbered Sec. 1154
and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6,
1991, 105 Stat. 404-406.)
-REFTEXT-
REFERENCES IN TEXT
Section 5 of the Veterans' Dioxin and Radiation Exposure
Compensation Standards Act, referred to in subsec. (a), is set out
below.
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 354 of this
title as this section.
Pub. L. 102-54, Sec. 14(b)(1)(A), inserted a comma after "place"
in section catchline.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Pub. L. 102-54, Sec. 14(b)(1)(B), inserted before period at end
"(Public Law 98-542; 98 Stat. 2727)".
Subsec. (b). Pub. L. 102-83, Sec. 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.
RADIATION DOSE RECONSTRUCTION PROGRAM OF DEPARTMENT OF DEFENSE
Pub. L. 108-183, title VI, Sec. 601, Dec. 16, 2003, 117 Stat.
2667, provided that:
"(a) Review of Mission, Procedures, and Administration. - (1) The
Secretary of Veterans Affairs and the Secretary of Defense shall
jointly conduct a review of the mission, procedures, and
administration of the Radiation Dose Reconstruction Program of the
Department of Defense.
"(2) In conducting the review under paragraph (1), the
Secretaries shall -
"(A) determine whether any additional actions are required to
ensure that the quality assurance and quality control mechanisms
of the Radiation Dose Reconstruction Program are adequate and
sufficient for purposes of the program; and
"(B) determine the actions that are required to ensure that the
mechanisms of the Radiation Dose Reconstruction Program for
communication and interaction with veterans are adequate and
sufficient for purposes of the program, including mechanisms to
permit veterans to review the assumptions utilized in their dose
reconstructions.
"(3) Not later than 90 days after the date of the enactment of
this Act [Dec. 16, 2003], the Secretaries shall jointly submit to
Congress a report on the review under paragraph (1). The report
shall set forth -
"(A) the results of the review;
"(B) a plan for any actions determined to be required under
paragraph (2); and
"(C) such other recommendations for the improvement of the
mission, procedures, and administration of the Radiation Dose
Reconstruction Program as the Secretaries jointly consider
appropriate.
"(b) On-Going Review and Oversight. - The Secretaries shall
jointly take appropriate actions to ensure the on-going independent
review and oversight of the Radiation Dose Reconstruction Program,
including the establishment of the advisory board required by
subsection (c).
"(c) Advisory Board. - (1) In taking actions under subsection
(b), the Secretaries shall jointly appoint an advisory board to
provide review and oversight of the Radiation Dose Reconstruction
Program.
"(2) The advisory board under paragraph (1) shall be composed of
the following:
"(A) At least one expert in historical dose reconstruction of
the type conducted under the Radiation Dose Reconstruction
Program.
"(B) At least one expert in radiation health matters.
"(C) At least one expert in risk communications matters.
"(D) A representative of the Department of Veterans Affairs.
"(E) A representative of the Defense Threat Reduction Agency.
"(F) At least three veterans, including at least one veteran
who is a member of an atomic veterans group.
"(3) The advisory board under paragraph (1) shall -
"(A) conduct periodic, random audits of dose reconstructions
under the Radiation Dose Reconstruction Program and of decisions
by the Department of Veterans Affairs on claims for service
connection of radiogenic diseases;
"(B) assist the Department of Veterans Affairs and the Defense
Threat Reduction Agency in communicating to veterans information
on the mission, procedures, and evidentiary requirements of the
Radiation Dose Reconstruction Program; and
"(C) carry out such other activities with respect to the review
and oversight of the Radiation Dose Reconstruction Program as the
Secretaries shall jointly specify.
"(4) The advisory board under paragraph (1) may make such
recommendations on modifications in the mission or procedures of
the Radiation Dose Reconstruction Program as the advisory board
considers appropriate as a result of the audits conducted under
paragraph (3)(A)."
REVIEW OF DOSE RECONSTRUCTION PROGRAM OF THE DEFENSE THREAT
REDUCTION AGENCY
Pub. L. 106-419, title III, Sec. 305, Nov. 1, 2000, 114 Stat.
1853, provided that:
"(a) Review by National Academy of Sciences. - Not later than 30
days after the date of the enactment of this Act [Nov. 1, 2000],
the Secretary of Defense shall enter into a contract with the
National Academy of Sciences to carry out periodic reviews of the
program of the Defense Threat Reduction Agency of the Department of
Defense known as the 'dose reconstruction program'.
"(b) Review Activities. - The periodic reviews of the dose
reconstruction program under the contract under subsection (a)
shall consist of the periodic selection of random samples of doses
reconstructed by the Defense Threat Reduction Agency in order to
determine -
"(1) whether or not the reconstruction of the sampled doses is
accurate;
"(2) whether or not the reconstructed dosage number is
accurately reported;
"(3) whether or not the assumptions made regarding radiation
exposure based upon the sampled doses are credible; and
"(4) whether or not the data from nuclear tests used by the
Defense Threat Reduction Agency as part of the reconstruction of
the sampled doses is accurate.
"(c) Duration of Review. - The periodic reviews under the
contract under subsection (a) shall occur over a period of 24
months.
"(d) Report. - (1) Not later than 60 days after the conclusion of
the period referred to in subsection (c), the National Academy of
Sciences shall submit to Congress a report on its activities under
the contract under this section.
"(2) The report shall include the following:
"(A) A detailed description of the activities of the National
Academy of Sciences under the contract.
"(B) Any recommendations that the National Academy of Sciences
considers appropriate regarding a permanent system of review of
the dose reconstruction program of the Defense Threat Reduction
Agency."
IONIZING RADIATION REGISTRY
Pub. L. 99-576, title II, Sec. 232, Oct. 28, 1986, 100 Stat.
3264, as amended by Pub. L. 102-83, Secs. 5(c)(2), 6(h), Aug. 6,
1991, 105 Stat. 406, 408, provided that:
"(a) Establishment of Registry. - The Secretary of Veterans
Affairs shall establish and maintain a special record to be known
as the 'Ionizing Radiation Registry' (hereinafter in this section
referred to as the 'Registry').
"(b) Content of Registry. - Except as provided in subsection (c),
the Registry shall include the following information:
"(1) A list containing the name of each veteran who was exposed
to ionizing radiation under the conditions described in section
1710(e)(1)(B) of title 38, United States Code, and who -
"(A) applies for hospital or nursing home care from the
Department of Veterans Affairs under chapter 17 of such title;
"(B) files a claim for compensation under chapter 11 of such
title on the basis of a disability which may be associated with
the exposure to ionizing radiation; or
"(C) dies and is survived by a spouse, child, or parent who
files a claim for dependency and indemnity compensation under
chapter 13 of such title on the basis of the exposure of such
veteran to ionizing radiation.
"(2) Medical data relating to each veteran listed in the
Registry, including -
"(A) the veteran's medical history, latest health status
recorded by the Department of Veterans Affairs, physical
examinations, and clinical findings; and
"(B) a statement describing birth defects, if any, in the
natural children of the veteran.
"(3) Data on claims for the compensation referred to in
paragraph (1), including decisions and determinations of the
Department of Veterans Affairs relating to such claims.
"(4) An estimate of the dose of radiation to which each veteran
listed in the Registry was exposed under the conditions described
in section 1710(e)(1)(B) of such title.
"(c) Veterans Submitting Claims Before Date of Enactment. - If in
the case of a veteran described in subsection (b)(1) the
application or claim referred to in such subsection was submitted
or filed before October 28, 1986, the Secretary shall include in
the Registry, to the extent feasible, such veteran's name and the
data and information described in subsection (b) relating to the
veteran.
"(d) Consolidation of Existing Information. - (1) For the purpose
of establishing and maintaining the Registry, the Secretary of
Veterans Affairs shall compile and consolidate -
"(A) relevant information maintained by the Veterans Benefits
Administration and the Veterans Health Administration of the
Department of Veterans Affairs;
"(B) relevant information maintained by the Defense Nuclear
Agency of the Department of Defense; and
"(C) any relevant information maintained by any other element
of the Department of Veterans Affairs or the Department of
Defense.
"(2) With respect to a veteran whose name is included in the
Registry and for whom the information in the Registry is not
complete, the Secretary of Veterans Affairs shall include
information described in paragraph (1) with respect to that veteran
(A) to the extent that such information is reasonably available in
records of the Department of Veterans Affairs or Department of
Defense, or (B) if such information is submitted by the veteran
after October 28, 1986.
"(e) Department of Defense Information. - The Secretary of
Defense shall furnish to the Secretary of Veterans Affairs such
information maintained by the Department of Defense as the
Secretary of Veterans Affairs considers necessary to establish and
maintain the Registry.
"(f) Definition. - For the purpose of this section, the term
'veteran' has the meaning given that term in section 101(2) of
title 38, United States Code, and includes a person who died in the
active military, naval, or air service.
"(g) Effective Date. - The Registry shall be established not
later than 180 days after the date of the enactment of this Act
[Oct. 28, 1986]."
VETERANS' DIOXIN AND RADIATION EXPOSURE COMPENSATION STANDARDS;
CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE
Sections 1-3 of Pub. L. 98-542, as amended by Pub. L. 102-4, Sec.
10(a), (b), Feb. 6, 1991, 105 Stat. 19, provided that:
"SHORT TITLE
"Section 1. This Act [amending this section, enacting provisions
set out as notes under this section, and amending provisions set
out as notes under this section and section 1116 of this title] may
be cited as the 'Veterans' Dioxin and Radiation Exposure
Compensation Standards Act'.
"FINDINGS
"Sec. 2. The Congress makes the following findings:
"(1) Veterans who served in the Republic of Vietnam during the
Vietnam era and veterans who participated in atmospheric nuclear
tests or the American occupation of Hiroshima or Nagasaki, Japan,
are deeply concerned about possible long-term health effects of
exposure to herbicides containing dioxin or to ionizing
radiation.
"(2) There is scientific and medical uncertainty regarding such
long-term adverse health effects.
"(3) In section 102 of Public Law 97-22 [see Tables for
classification], the Congress responded to that uncertainty by
authorizing priority medical care at Veterans' Administration
[now Department of Veterans Affairs] facilities for any
disability of a veteran who may have been so exposed (even though
there is insufficient medical evidence linking such disability
with such exposure) unless the disability is found to have
resulted from a cause other than the exposure.
"(4) The Congress has further responded to that medical and
scientific uncertainty by requiring, in section 307 of Public Law
96-151 [set out as a note under section 1116 of this title] and
section 601 of Public Law 98-160 [set out below], the conduct of
thorough epidemiological studies of the health effects
experienced by veterans in connection with exposure both to
herbicides containing dioxin and (if not determined to be
scientifically infeasible) to radiation, and by requiring in
Public Law 97-414 [see Tables for classification], the
development of radioepidemiological tables setting forth the
probabilities of causation between various cancers and exposure
to radiation.
"(5) There is some evidence that most types of leukemia,
malignancies of the thyroid, female breast, lung, bone, liver,
and skin, and polycythemia vera are associated with exposure to
certain levels of ionizing radiation.
"(6) As of the date of the enactment of this Act [Oct. 24,
1984], there are sixty-six federally sponsored research projects
being conducted relating to herbicides containing dioxin, at a
cost to the Federal Government in excess of $130,000,000 and, as
of 1981, federally sponsored research projects relating to
ionizing radiation were costing the Federal Government more than
$115,000,000.
"(7) The initial results of one project - an epidemiological
study, conducted by the United States Air Force School of
Aerospace Medicine, of the health status of the 'Ranch Hand'
veterans who carried out the loading and aerial spraying of
herbicides containing dioxin in Vietnam and in the process came
into direct skin contact with such herbicides in their most
concentrated liquid form - were released on February 24, 1984,
and contained the conclusion 'that there is insufficient evidence
to support a cause and effect relationship between herbicide
exposure and adverse health in the Ranch Hand group at this
time'.
"(8) The 'film badges' which were originally issued to members
of the Armed Forces in connection with the atmospheric nuclear
test program have previously constituted a primary source of dose
information for veterans (and survivors of veterans) filing
claims for Veterans' Administration [now Department of Veterans
Affairs] disability compensation or dependency and indemnity
compensation in connection with exposure to radiation.
"(9) These film badges often provide an incomplete measure of
radiation exposure, since they were not capable of recording
inhaled, ingested, or neutron doses (although the Defense Nuclear
Agency currently has the capability to reconstruct individual
estimates of such doses), were not issued to most of the
participants in nuclear tests, often provided questionable
readings because they were shielded during the detonation, and
were worn for only limited periods during and after each nuclear
detonation.
"(10) Standards governing the reporting of dose estimates in
connection with radiation-related claims for Veterans'
Administration [now Department of Veterans Affairs] disability
compensation vary among the several branches of the Armed Forces,
and no uniform minimum standards exist.
"(11) The Veterans' Administration [now Department of Veterans
Affairs] has not promulgated permanent regulations setting forth
specific guidelines, standards, and criteria for the adjudication
of claims for Veterans' Administration disability compensation
based on exposure to herbicides containing dioxin or to ionizing
radiation.
"(12) Such claims (especially those involving health effects
with long latency periods) present adjudicatory issues which are
significantly different from issues generally presented in claims
based upon the usual types of injuries incurred in military
service.
"(13) It has always been the policy of the Veterans'
Administration [now Department of Veterans Affairs] and is the
policy of the United States, with respect to individual claims
for service connection of diseases and disabilities, that when,
after consideration of all evidence and material of record, there
is an approximate balance of positive and negative evidence
regarding the merits of an issue material to the determination of
a claim, the benefit of the doubt in resolving each such issue
shall be given to the claimant.
"PURPOSE
"Sec. 3. The purpose of this Act is to ensure that Veterans'
Administration [now Department of Veterans Affairs] disability
compensation is provided to veterans who were exposed to ionizing
radiation in connection with atmospheric nuclear tests or in
connection with the American occupation of Hiroshima or Nagasaki,
Japan, for all disabilities arising after that service that are
connected, based on sound scientific and medical evidence, to such
service (and that Veterans' Administration dependency and indemnity
compensation is provided to survivors of those veterans for all
deaths resulting from such disabilities)."
[Amendment by Pub. L. 102-4 to sections 2 and 3 of Pub. L. 98-
542, set out above, effective at the end of the six-month period
beginning on Feb. 6, 1991, except as otherwise provided, see
section 10(e) of Pub. L. 102-4, set out below under sections 5 to 7
of Pub. L. 98-542.]
REQUIREMENT FOR AND CONTENT OF REGULATIONS; ADVISORY COMMITTEE ON
ENVIRONMENTAL STANDARDS; NUCLEAR RADIATION MATTERS INVOLVING OTHER
AGENCIES
Sections 5-7 of Pub. L. 98-542, as amended by Pub. L. 100-321,
Sec. 2(c), May 20, 1988, 102 Stat. 486; Pub. L. 102-4, Sec. 10(c),
(d), Feb. 6, 1991, 105 Stat. 19, 20; Pub. L. 102-83, Sec. 5(c)(2),
Aug. 6, 1991, 105 Stat. 406, provided that:
"REQUIREMENT FOR AND CONTENT OF REGULATIONS
"Sec. 5. (a) In carrying out the responsibilities of the
Administrator of Veterans' Affairs [now Secretary of Veterans
Affairs] under section 1154(a)(2) [formerly 354(a)(2)] of title 38,
United States Code, and in order to promote consistency in claims
processing and decisions, the Administrator shall prescribe
regulations to -
"(1) establish guidelines and (where appropriate) standards and
criteria for the resolution of claims for benefits under laws
administered by the Veterans' Administration [now Department of
Veterans Affairs] where the criteria for eligibility for a
benefit include a requirement that a death or disability be
service connected and the claim of service connection is based on
a veteran's exposure during service in connection with such
veteran's participation in atmospheric nuclear tests or with the
American occupation of Hiroshima or Nagasaki, Japan, prior to
July 1, 1946, to ionizing radiation from the detonation of a
nuclear device; and
"(2) ensure that, with respect to those claims, the policy of
the United States described in section 2(13) [set out above] is
carried out.
"(b)(1)(A) The guidelines required to be established in
regulations prescribed under this section shall include guidelines
governing the evaluation of the findings of scientific studies
relating to the possible increased risk of adverse health effects
of exposure to ionizing radiation. Those guidelines shall require
that, in the evaluation of those studies, the Administrator [now
Secretary] shall take into account whether the results are
statistically significant, are capable of replication, and
withstand peer review.
"(B) The evaluations described in subparagraph (A) shall be made
by the Administrator of Veterans' Affairs [now Secretary of
Veterans Affairs] after receiving the advice of the Scientific
Council of the Veterans' Advisory Committee on Environmental
Hazards (established under section 6). Those evaluations shall be
published in the notice section of the Federal Register.
"(C) The standards and criteria required to be established in
regulations prescribed under this section shall include provisions
governing the use in the adjudication of individual claims of the
Administrator's [now Secretary's] evaluations made under
subparagraph (B).
"(2)(A)(i) In prescribing regulations under this section, the
Administrator [now Secretary] (after receiving the advice of the
Advisory Committee and of the Scientific Council of the Veterans'
Advisory Committee on Environmental Hazards regarding the diseases
described in subparagraph (B)) shall make determinations, based on
sound medical and scientific evidence, with respect to each disease
described in subparagraph (B) as to whether service connection
shall, subject to division (ii) of this subparagraph, be granted in
the adjudication of individual cases. In making determinations
regarding such diseases, the Administrator shall give due regard to
the need to maintain the policy of the United States with respect
to the resolution of contested issues as set forth in section 2(13)
[set out above]. The Administrator shall set forth in such
regulations such determinations, with any specification (relating
to exposure or other relevant matter) of limitations on the
circumstances under which service connection shall be granted, and
shall implement such determinations in accordance with such
regulations.
"(ii) If the Administrator [now Secretary] makes a determination,
pursuant to this subparagraph, that service connection shall be
granted in the case of a disease described in subparagraph (B), the
Administrator shall specify in such regulations that, in the
adjudication of individual cases, service connection shall not be
granted where there is sufficient affirmative evidence to the
contrary or evidence to establish that an intercurrent injury or
disease which is a recognized cause of the described disease has
been suffered between the date of separation from service and the
onset of such disease or that the disability is due to the
veteran's own willful misconduct.
"(iii) With regard to each disease described in subparagraph (B),
the Administrator [now Secretary] shall include in the regulations
prescribed under this section provisions specifying the factors to
be considered in adjudicating issues relating to whether or not
service connection should be granted in individual cases and the
circumstances governing the granting of service connection for such
disease.
"(B) The diseases referred to in subparagraph (A) are those
specified in section 2(5) [set out above] and any other disease
with respect to which the Administrator [now Secretary] finds
(after receiving and considering the advice of the Scientific
Council established under section 6(d)(2)) that there is sound
scientific or medical evidence indicating a connection to exposure
to ionizing radiation, in the case of a veteran who was exposed to
ionizing radiation in connection with such veteran's participation
in an atmospheric nuclear test or with the American occupation of
Hiroshima or Nagasaki, Japan, before July 1, 1946.
"(3) The regulations prescribed under this section shall include -
"(A) specification of the maximum period of time after exposure
to such ionizing radiation for the development of those diseases;
and
"(B) a requirement that a claimant filing a claim based upon a
veteran's exposure to ionizing radiation from the detonation of a
nuclear device may not be required to produce evidence
substantiating the veteran's exposure during active military,
naval, or air service if the information in the veteran's service
records and other records of the Department of Defense is not
inconsistent with the claim that the veteran was present where
and when the claimed exposure occurred.
"(c)(1) The Administrator of Veterans' Affairs [now Secretary of
Veterans Affairs] shall develop the regulations required by this
section (and any amendment to those regulations) through a public
review and comment process in accordance with the provisions of
section 553 of title 5, United States Code. That process may
include consideration by the Administrator of the recommendations
of the Veterans' Advisory Committee on Environmental Hazards and
the Scientific Council thereof (established under section 6) with
respect to the proposed regulations, and that process shall include
consideration by the Administrator of the recommendations of the
Committee and the Council with respect to the final regulations and
proposed and final amendments to such regulations. The period for
public review and comment shall be completed not later than ninety
days after the proposed regulations or proposed amendments are
published in the Federal Register.
"(2)(A) Not later than one hundred and eighty days after the date
of the enactment of this Act [Oct. 24, 1984], the Administrator
[now Secretary] shall develop and publish in the Federal Register a
proposed version of the regulations required to be prescribed by
this section.
"(B) Not later than three hundred days after the date of the
enactment of this Act [Oct. 24, 1984], the Administrator [now
Secretary] shall publish in the Federal Register the final
regulations (together with explanations of the bases for the
guidelines, standards, and criteria contained therein) required to
be prescribed by this section.
"ADVISORY COMMITTEE ON ENVIRONMENTAL HAZARDS
"Sec. 6. (a) The advisory committee referred to in subsections
(b) and (c) of section 5, to be known as the Veterans' Advisory
Committee on Environmental Hazards (hereinafter in this section
referred to as the 'Committee') shall consist of nine members
appointed by the Administrator of Veterans' Affairs [now Secretary
of Veterans Affairs] after requesting and considering
recommendations from veteran organizations, including -
"(1) six individuals (of whom none may be members of the Armed
Forces on active duty or employees of the Veterans'
Administration [now Department of Veterans Affairs] or the
Department of Defense and not more than three may be employees of
other Federal departments or agencies), appointed, after
requesting and considering the recommendations of the heads of
Federal entities with particular expertise in biomedical and
environmental science, including -
"(A) three individuals who are recognized medical or
scientific authorities in fields pertinent to understanding the
health effects of exposure to ionizing radiation; and
"(B) three individuals who are recognized medical or
scientific authorities in fields, such as epidemiology and
other scientific disciplines, pertinent to determining and
assessing the health effects of exposure to ionizing radiation
in exposed populations; and
"(2) three individuals from the general public, including at
least one disabled veteran, having a demonstrated interest in and
experience relating to veterans' concerns regarding exposure to
ionizing radiation.
"(b) The Committee shall include, as ex officio, nonvoting
members, the Chief Medical Director and the Chief Benefits Director
of the Veterans' Administration [now Under Secretary for Health and
Under Secretary for Benefits of the Department of Veterans
Affairs], or their designees.
"(c) The Committee shall submit to the Administrator [now
Secretary] any recommendations it considers appropriate for
administrative or legislative action.
"(d)(1) The six members of the Committee described in subsection
(a)(1) shall, in addition to serving as members of the Committee,
constitute a Scientific Council of the Committee (hereinafter in
this section referred to as the 'Council').
"(2) The Council shall have responsibility for evaluating
scientific studies relating to possible adverse health effects of
exposure to ionizing radiation.
"(3) The Council shall make findings and evaluations regarding
pertinent scientific studies and shall submit to the Committee, the
Administrator [now Secretary], and the Committees on Veterans'
Affairs of the Senate and House of Representatives directly
periodic reports on such findings and evaluations.
"(e) The Administrator [now Secretary] shall designate one of the
members to chair the Committee and another member to chair the
Council.
"(f) The Administrator [now Secretary] shall determine the terms
of service and pay and allowances of members of the Committee,
except that a term of service of any member may not exceed three
years. The Administrator may reappoint any member for additional
terms of service.
"(g) The Administrator [now Secretary] shall provide
administrative support services and fiscal support for the
Committee.
"NUCLEAR RADIATION MATTERS INVOLVING OTHER AGENCIES
"Sec. 7. (a) In connection with the duties of the Director of the
Defense Nuclear Agency, as Department of Defense Executive Agent
for the Nuclear Test Personnel Review Program, relating to the
preparation of radiation dose estimates with regard to claims for
Veterans' Administration [now Department of Veterans Affairs]
disability compensation and dependency and indemnity compensation
under chapters 11 and 13, respectively, of title 38, United States
Code -
"(1) the Secretary of Defense shall prescribe guidelines (and
any amendment to those guidelines) through a public review and
comment process in accordance with the provisions of section 553
of title 5, United States Code -
"(A) specifying the minimum standards governing the
preparation of radiation dose estimates in connection with
claims for such compensation,
"(B) making such standards uniformly applicable to the
several branches of the Armed Forces, and
"(C) requiring that each such estimate furnished to the
Veterans' Administration [now Department of Veterans Affairs]
and to any veteran or survivor include information regarding
all material aspects of the radiation environment to which the
veteran was exposed and which form the basis of the claim,
including inhaled, ingested, and neutron doses; and
"(2) the Secretary of Health and Human Services, through the
Director of the National Institutes of Health, shall -
"(A) conduct a review of the reliability and accuracy of
scientific and technical devices and techniques (such as 'whole
body counters') which may be useful in determining previous
radiation exposure;
"(B) submit to the Administrator of Veterans' Affairs [now
Secretary of Veterans Affairs] and the Committees on Veterans'
Affairs of the House of Representatives and the Senate, not
later than July 1, 1985, a report regarding the results of such
review, including information concerning the availability of
such devices and techniques, the categories of exposed
individuals as to whom use of such devices and techniques may
be appropriate, and the reliability and accuracy of dose
estimates which may be derived from such devices and
techniques; and
"(C) enter into an interagency agreement with the
Administrator of Veterans' Affairs [now Secretary of Veterans
Affairs] for the purpose of assisting the Administrator in
identifying agencies or other entities capable of furnishing
services involving the use of such devices and techniques.
"(b) The Administrator of Veterans' Affairs [now Secretary of
Veterans Affairs], in resolving material differences between a
radiation dose estimate, from a credible source, submitted by a
veteran or survivor and a radiation dose estimate prepared and
transmitted by the Director of the Defense Nuclear Agency, shall
provide for the preparation of a radiation dose estimate by an
independent expert, who shall be selected by the Director of the
National Institutes of Health and who shall not be affiliated with
the Defense Nuclear Agency, and the Administrator shall provide for
the consideration of such independent estimate in connection with
the adjudication of the claim for Veterans' Administration [now
Department of Veterans Affairs] compensation."
[Pub. L. 102-4, Sec. 10(e), Feb. 6, 1991, 105 Stat. 20, as
amended by Pub. L. 102-86, title V, Sec. 503(b)(2), Aug. 14, 1991,
105 Stat. 425, provided that:
["(1) Except as provided in paragraph (2), the amendments made by
this section [amending sections 2 and 3 of Pub. L. 98-542, set out
above, and sections 5 and 6 of Pub. L. 98-542, set out above] shall
take effect at the end of the two-month period beginning on the
date of the enactment of the Veterans' Benefits Programs
Improvement Act of 1991 [Aug. 14, 1991].
["(2)(A) If the Secretary of Veterans Affairs determines before
the end of such period that the Environmental Hazards Advisory
Committee established under section 6 of Public Law 98-542 (38
U.S.C. 354 note) [set out above] has completed its responsibilities
under that section and the directives of the Secretary pursuant to
the Nehmer case court order, the amendments made by this section
shall take effect as of the date of such determination.
["(B) For purposes of this paragraph, the term 'Nehmer case court
order' means the court order dated May 2, 1989, in the case of
Nehmer v. Department of Veterans Affairs, in the United States
district court for the northern district of California (civil
action docket number C-86-6160 TEH).
["(3) If the Secretary makes a determination under paragraph (2),
the Secretary shall promptly publish in the Federal Register a
notice that such determination has been made and that such
amendments have thereby taken effect as of the date of such
determination."]
IDENTIFICATION OF ACTIVITIES INVOLVING EXPOSURE TO IONIZING
RADIATION BEFORE JANUARY 1, 1970
Section 10 of Pub. L. 98-542, as added by Pub. L. 102-578, Sec.
3, Oct. 30, 1992, 106 Stat. 4774, provided that:
"(a) In General. - (1) In order to determine whether activities
(other than the tests or occupation activities referred to in
section 5(a)(1)(B) [probably means section 5(a)(1), set out above])
resulted in the exposure of veterans to ionizing radiation during
the service of such veterans that occurred before January 1, 1970,
and whether adverse health effects have been observed or may have
resulted from such exposure in a significant number of such
veterans, the Advisory Committee established under section 6 [set
out above] shall -
"(A) review all available scientific studies and other relevant
information relating to the exposure of such veterans to ionizing
radiation during such service;
"(B) identify any activity during which significant numbers of
veterans received exposure; and
"(C) on the basis of such review, submit to the Secretary of
Veterans Affairs a report containing the recommendation of the
Advisory Committee on the feasibility and appropriateness for the
purpose of the determination under this paragraph of any
additional investigation with respect to any activity of such
veterans during such service.
"(2) Upon the request of the Advisory Committee, the Secretary of
Veterans Affairs (after seeking such assistance from the Secretary
of Defense as is necessary and appropriate) shall make available to
the Advisory Committee records and other information relating to
the service referred to in paragraph (1) that may assist the
Advisory Committee in carrying out the review and recommendation
referred to in that paragraph.
"(3) The Advisory Committee shall submit to the Secretary of
Veterans Affairs the report referred to in paragraph (1)(C) not
later than August 1, 1993.
"(b) Investigation Plan and Report. - (1) Upon receipt of the
report referred to in subparagraph (C) of subsection (a)(1), the
Secretary of Veterans Affairs shall -
"(A) identify which of the activities referred to in that
subparagraph, if any, that the Secretary intends to investigate
more fully for the purpose of making the determination referred
to in that subsection; and
"(B) prepare a plan (including a deadline for the plan) to
carry out that investigation and make that determination.
"(2) Not later than December 1, 1993, the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report containing -
"(A) a list of the activities identified by the Secretary
pursuant to paragraph (1)(A) and the basis of such
identification;
"(B) a copy of the report of the Advisory Committee referred to
in subsection (a)(1)(C); and
"(C) the plan referred to in paragraph (1)(B)."
INTERIM BENEFITS FOR DISABILITY OR DEATH IN CERTAIN CASES
Section 9 of Pub. L. 98-542 provided for payment of interim
monthly disability benefits to veterans who had served in Vietnam
during Vietnam era and who had diseases chloracne and porphyria
cutanea tarda which manifested themselves within one year after
date of veteran's most recent departure from Vietnam, but with no
such interim benefits to be paid after Sept. 30, 1986.
RADIATION EXPOSURE STUDY AND GUIDE
Pub. L. 98-160, title VI, Nov. 21, 1983, 97 Stat. 1006, as
amended by Pub. L. 98-542, Sec. 8(b), Oct. 24, 1984, 98 Stat. 2732,
provided for the conduct of an epidemiological study of long-term
adverse health effects of exposure to ionizing radiation from
detonation of nuclear devices in connection with tests of such
devices or in connection with occupation of Hiroshima and Nagasaki,
Japan, between Sept. 11, 1945, and July 1, 1946, and provided for
reports to Congress on studies made together with recommendations
as to necessary legislation.
-End-
-CITE-
38 USC Sec. 1155 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS
-HEAD-
Sec. 1155. Authority for schedule for rating disabilities
-STATUTE-
The Secretary shall adopt and apply a schedule of ratings of
reductions in earning capacity from specific injuries or
combination of injuries. The ratings shall be based, as far as
practicable, upon the average impairments of earning capacity
resulting from such injuries in civil occupations. The schedule
shall be constructed so as to provide ten grades of disability and
no more, upon which payments of compensation shall be based,
namely, 10 percent, 20 percent, 30 percent, 40 percent, 50 percent,
60 percent, 70 percent, 80 percent, 90 percent, and total, 100
percent. The Secretary shall from time to time readjust this
schedule of ratings in accordance with experience. However, in no
event shall such a readjustment in the rating schedule cause a
veteran's disability rating in effect on the effective date of the
readjustment to be reduced unless an improvement in the veteran's
disability is shown to have occurred.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125, Sec. 355; Pub. L. 98-
223, title I, Sec. 101(c), Mar. 2, 1984, 98 Stat. 38; renumbered
Sec. 1155 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),
Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-86, title I, Sec.
103(a), Aug. 14, 1991, 105 Stat. 414.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-86 amended this section as in effect before
the redesignations made by Pub. L. 102-83, Sec. 5, by inserting at
end "However, in no event shall such a readjustment in the rating
schedule cause a veteran's disability rating in effect on the
effective date of the readjustment to be reduced unless an
improvement in the veteran's disability is shown to have occurred."
Pub. L. 102-83, Sec. 5(a), renumbered section 355 of this title
as this section.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in two places.
1984 - Pub. L. 98-223 substituted "percent" for "per centum"
wherever appearing.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 103(b) of Pub. L. 102-86 provided that: "The amendment
made by subsection (a) [amending this section] shall apply with
regard to changes in rating schedules that take effect after the
date of the enactment of this Act [Aug. 14, 1991]."
EFFECTIVE DATE OF 1984 AMENDMENT
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.
-End-
-CITE-
38 USC Sec. 1156 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS
-HEAD-
Sec. 1156. Temporary disability ratings
-STATUTE-
(a) Assignment of Temporary Ratings. - (1) For the purpose of
providing disability compensation under this chapter to veterans,
the Secretary shall assign a temporary disability rating to a
veteran as follows:
(A) To a veteran who -
(i) was discharged or released from active duty not more than
365 days before the date such veteran submits a claim for
disability compensation under this chapter;
(ii) has one or more disabilities for which a rating of total
is not immediately assignable -
(I) under the regular provisions of the schedule of
ratings; or
(II) on the basis of individual unemployability; and
(iii) has one or more -
(I) severe disabilities that result in substantially
gainful employment not being feasible or advisable; or
(II) healed, unhealed, or incompletely healed wounds or
injuries that make material impairment of employability
likely.
(B) To a veteran who, as a result of a highly stressful in-
service event, has a mental disorder that is severe enough to
bring about the veteran's discharge or release from active duty.
(C) To a veteran who has a service-connected disability that
requires hospital treatment or observation in a Department of
Veterans Affairs or approved hospital for a period in excess of
21 days.
(D) To a veteran who has a service-connected disability that
has required convalescent care or treatment at hospital discharge
(regular discharge or release to non-bed care) or outpatient
release that meets the requirements of regulations prescribed by
the Secretary.
(2) With respect to a veteran described in paragraph (1)(A), the
Secretary may assign a temporary disability rating to such veteran
regardless of whether such veteran has obtained a medical
examination or a medical opinion concerning such veteran's
disability.
(3) With respect to a veteran described in paragraph (1)(B), the
Secretary shall schedule a medical examination for such veteran not
later than six months after the separation or discharge of such
veteran from active duty.
(b) Termination of Temporary Disability Ratings. - (1) Except as
provided in paragraph (2), a temporary disability rating assigned
to a veteran under this section shall remain in effect as follows:
(A) For a veteran who is assigned a temporary disability rating
under subsection (a)(1)(A), until the later of the date that is -
(i) 12 months after the date of discharge or release from
active duty; or
(ii) provided in regulations prescribed by the Secretary.
(B) For a veteran who is assigned a temporary disability rating
under subsection (a)(1)(B), until the date on which a rating
decision is issued to such veteran following the medical
examination scheduled under subsection (a)(3).
(C) For a veteran who is assigned a temporary disability rating
under subsection (a)(1)(C), until the later of the date that is -
(i) the last day of the month in which the veteran is
discharged from the hospital as described in such subsection
(a)(1)(C); or
(ii) provided in regulations prescribed by the Secretary.
(D) For a veteran who is assigned a temporary disability rating
under subsection (a)(1)(D), until the date that is provided in
regulations prescribed by the Secretary.
(2) The Secretary may extend a temporary disability rating
assigned to a veteran under subsection (a) beyond the applicable
termination date under paragraph (1) if the Secretary determines
that such an extension is appropriate.
(c) Regulations. - The Secretary shall prescribe regulations to
carry out the provisions of this section.
(d) Construction. - Nothing in this section shall be construed to
preclude the Secretary from providing a temporary disability rating
under an authority other than this section.
-SOURCE-
(Added Pub. L. 110-389, title II, Sec. 211(a), Oct. 10, 2008, 122
Stat. 4149.)
-COD-
CODIFICATION
Prior to renumbering of sections 301 to 363 of this chapter as
sections 1101 to 1163 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,
105 Stat. 406, section 356 of this chapter, Pub. L. 85-857, Sept.
2, 1958, 72 Stat. 1125, which provided for a minimum rating for
veterans with arrested tuberculosis, was repealed by Pub. L. 90-
493, Sec. 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.
-MISC1-
EFFECTIVE DATE
Pub. L. 110-389, title II, Sec. 211(b), Oct. 10, 2008, 122 Stat.
4151, provided that: "Section 1156(a)(1) of title 38, United States
Code, as added by subsection (a), shall apply with respect to a
veteran who is discharged or released from active duty (as defined
in section 101 of title 38, United States Code) on or after the
date of the enactment of this Act [Oct. 10, 2008]."
-End-
-CITE-
38 USC Sec. 1157 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS
-HEAD-
Sec. 1157. Combination of certain ratings
-STATUTE-
The Secretary shall provide for the combination of ratings and
pay compensation at the rates prescribed in subchapter II of this
chapter to those veterans who served during a period of war and
during any other time, who have suffered disability in line of duty
in each period of service.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125, Sec. 357; renumbered
Sec. 1157 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),
Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 357 of this
title as this section.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
-End-
-CITE-
38 USC Sec. 1158 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS
-HEAD-
Sec. 1158. Disappearance
-STATUTE-
Where a veteran receiving compensation under this chapter
disappears, the Secretary may pay the compensation otherwise
payable to the veteran to such veteran's spouse, children, and
parents. Payments made to such spouse, child, or parent under the
preceding sentence shall not exceed the amounts payable to each if
the veteran had died from service-connected disability.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125, Sec. 358; Pub. L. 86-
212, Sept. 1, 1959, 73 Stat. 436; Pub. L. 94-433, title IV, Sec.
404(21), Sept. 30, 1976, 90 Stat. 1379; renumbered Sec. 1158 and
amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 358 of this
title as this section.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
1976 - Pub. L. 94-433 struck out ", in his discretion," after
"Administrator" and substituted "such veteran's spouse" for "his
wife" and "such spouse" for "a wife".
1959 - Pub. L. 86-212 substituted "a veteran" for "an incompetent
veteran".
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.
-End-
-CITE-
38 USC Sec. 1159 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS
-HEAD-
Sec. 1159. Protection of service connection
-STATUTE-
Service connection for any disability or death granted under this
title which has been in force for ten or more years shall not be
severed on or after January 1, 1962, except upon a showing that the
original grant of service connection was based on fraud or it is
clearly shown from military records that the person concerned did
not have the requisite service or character of discharge. The
mentioned period shall be computed from the date determined by the
Secretary as the date on which the status commenced for rating
purposes.
-SOURCE-
(Added Pub. L. 86-501, Sec. 1, June 10, 1960, 74 Stat. 195, Sec.
359; amended Pub. L. 87-825, Sec. 6, Oct. 15, 1962, 76 Stat. 950;
renumbered Sec. 1159 and amended Pub. L. 102-83, Secs. 4(b)(1),
(2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 359 of this
title as this section.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
1962 - Pub. L. 87-825 provided for computation of the period from
the date the administrator determines as the date the status
commenced for rating purposes.
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.
-End-
-CITE-
38 USC Sec. 1160 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS
-HEAD-
Sec. 1160. Special consideration for certain cases of loss of
paired organs or extremities
-STATUTE-
(a) Where a veteran has suffered -
(1) impairment of vision in one eye as a result of service-
connected disability and impairment of vision in the other eye
as a result of non-service-connected disability not the result of
the veteran's own willful misconduct and -
(A) the impairment of vision in each eye is rated at a visual
acuity of 20/200 or less; or
(B) the peripheral field of vision for each eye is 20 degrees
or less;
(2) the loss or loss of use of one kidney as a result of
service-connected disability and involvement of the other kidney
as a result of non-service-connected disability not the result of
the veteran's own willful misconduct;
(3) deafness compensable to a degree of 10 percent or more in
one ear as a result of service-connected disability and deafness
in the other ear as the result of non-service-connected
disability not the result of the veteran's own willful
misconduct;
(4) the loss or loss of use of one hand or one foot as a result
of service-connected disability and the loss or loss of use of
the other hand or foot as a result of non-service-connected
disability not the result of the veteran's own willful
misconduct; or
(5) permanent service-connected disability of one lung, rated
50 percent or more disabling, in combination with a non-service-
connected disability of the other lung that is not the result of
the veteran's own willful misconduct,
the Secretary shall assign and pay to the veteran the applicable
rate of compensation under this chapter as if the combination of
disabilities were the result of service-connected disability.
(b) If a veteran described in subsection (a) of this section
receives any money or property of value pursuant to an award in a
judicial proceeding based upon, or a settlement or compromise of,
any cause of action for damages for the non-service-connected
disability described in such subsection, the increase in the rate
of compensation otherwise payable under this section shall not be
paid for any month following a month in which any such money or
property is received until such time as the total of the amount of
such increase that would otherwise have been payable equals the
total of the amount of any such money received and the fair market
value of any such property received.
-SOURCE-
(Added Pub. L. 87-610, Sec. 1, Aug. 28, 1962, 76 Stat. 406, Sec.
360; amended Pub. L. 89-311, Sec. 3(a), (b), Oct. 31, 1965, 79
Stat. 1155; Pub. L. 94-433, title IV, Sec. 404(22), Sept. 30, 1976,
90 Stat. 1379; Pub. L. 98-160, title VII, Sec. 702(3), Nov. 21,
1983, 97 Stat. 1009; Pub. L. 99-576, title I, Sec. 109(a)(1), Oct.
28, 1986, 100 Stat. 3253; renumbered Sec. 1160 and amended Pub. L.
102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-
406; Pub. L. 107-330, title I, Sec. 103, Dec. 6, 2002, 116 Stat.
2821; Pub. L. 110-157, title I, Sec. 102, Dec. 26, 2007, 121 Stat.
1831.)
-MISC1-
AMENDMENTS
2007 - Subsec. (a)(1). Pub. L. 110-157 substituted "impairment of
vision" for "blindness" in two places and "misconduct and - " for
"misconduct;" and added subpars. (A) and (B).
2002 - Subsec. (a)(3). Pub. L. 107-330 substituted "deafness
compensable to a degree of 10 percent or more in one ear" for
"total deafness in one ear" and "deafness in the other ear" for
"total deafness in the other ear".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 360 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in concluding provisions.
1986 - Pub. L. 99-576 amended section generally, substituting
"loss of paired organs or extremities" for "blindness or bilateral
kidney involvement or bilateral deafness" in section catchline.
Prior to amendment, text of section read as follows: "Where any
veteran (1) has suffered blindness in one eye as a result of
service-connected disability and has suffered blindness in the
other eye as a result of non-service-connected disability not the
result of such veteran's own willful misconduct, or (2) has
suffered the loss or loss of use of one kidney as a result of
service-connected disability, and has suffered severe involvement
of the other kidney such as to cause total disability, as a result
of non-service-connected disability not the result of such
veteran's own willful misconduct, or (3) has suffered total
deafness in one ear as a result of service-connected disability and
has suffered total deafness in the other ear as the result of non-
service-connected disability not the result of such veteran's own
willful misconduct, the Administrator shall assign and pay to the
veteran concerned the applicable rate of compensation under this
chapter as if such veteran's blindness in both eyes or such
bilateral kidney involvement were the result of service-connected
disability."
1983 - Pub. L. 98-160 substituted "(1) has suffered" for "has
suffered (1)".
1976 - Pub. L. 94-433 substituted "such veteran's" for "his"
wherever appearing.
1965 - Pub. L. 89-311 added cl. (3) referring to total deafness
in one ear as a result of service-connected disability and total
deafness in the other ear as the result of non-service-connected
disability not the result of his own willful misconduct, inserted
reference to total deafness in both ears and, in section catchline,
inserted reference to bilateral deafness.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 109(c) of Pub. L. 99-576 provided that:
"(1) Except as provided in paragraph (2), the amendments made by
this section [amending this section and section 314 [now 1114] of
this title] shall take effect on the date of the enactment of this
Act [Oct. 28, 1986].
"(2) In the case of an award of compensation for a disability
described in clause (1), (2), (3), or (5) of subsection (a) of
section 360 [now 1160] of title 38, United States Code, as amended
by subsection (a) of this section, subsection (b) of such section
shall apply only to awards of compensation made on or after the
date of the enactment of this Act [Oct. 28, 1986]."
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 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.
-End-
-CITE-
38 USC Sec. 1161 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS
-HEAD-
Sec. 1161. Payment of disability compensation in disability
severance cases
-STATUTE-
The deduction of disability severance pay from disability
compensation, to the extent required by section 1212(d) of title
10, shall be made at a monthly rate not in excess of the rate of
compensation to which the former member would be entitled based on
the degree of such former member's disability as determined on the
initial Department rating.
-SOURCE-
(Added Pub. L. 91-241, May 7, 1970, 84 Stat. 203, Sec. 361; amended
Pub. L. 94-433, title IV, Sec. 404(23), Sept. 30, 1976, 90 Stat.
1379; Pub. L. 98-160, title VII, Sec. 702(4), Nov. 21, 1983, 97
Stat. 1009; renumbered Sec. 1161 and amended Pub. L. 102-83, Secs.
4(a)(3), (4), 5(a), Aug. 6, 1991, 105 Stat. 404, 406; Pub. L. 110-
181, div. A, title XVI, Sec. 1646(c), as added Pub. L. 110-389,
title I, Sec. 103(a)(2), Oct. 10, 2008, 122 Stat. 4148.)
-MISC1-
AMENDMENTS
2008 - Pub. L. 110-181, Sec. 1646(c), as added by Pub. L. 110-
389, Sec. 103(a)(2), substituted "to the extent required by
section 1212(d) of title 10" for "as required by section 1212(c) of
title 10".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 361 of this
title as this section.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
1983 - Pub. L. 98-160 struck out "United States Code," after
"title 10,".
1976 - Pub. L. 94-433 substituted "such former member's" for
"his".
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110-389, title I, Sec. 103(b), Oct. 10, 2008, 122 Stat.
4148, provided that: "The amendments made by subsection (a) [adding
section 1646(c) to Pub. L. 110-181 and provisions set out as a note
under section 1212 of Title 10, Armed Forces] shall take effect on
January 28, 2008 (the date of the enactment of the Wounded Warrior
Act [title XVI of Pub. L. 110-181]), as if included in that Act, to
which they relate."
Amendment by section 1646(c) of Pub. L. 110-181 effective Jan.
28, 2008, and applicable with respect to members of the Armed
Forces separated from the Armed Forces under chapter 61 of title
10, United States Code, on or after that date, see section 1646(d)
of Pub. L. 110-181, set out as a note under section 1212 of Title
10, Armed Forces.
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.
-End-
-CITE-
38 USC Sec. 1162 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS
-HEAD-
Sec. 1162. Clothing allowance
-STATUTE-
The Secretary under regulations which the Secretary shall
prescribe, shall pay a clothing allowance of $716 per year to each
veteran who -
(1) because of a service-connected disability, wears or uses a
prosthetic or orthopedic appliance (including a wheelchair) which
the Secretary determines tends to wear out or tear the clothing
of the veteran; or
(2) uses medication which (A) a physician has prescribed for a
skin condition which is due to a service-connected disability,
and (B) the Secretary determines causes irreparable damage to the
veteran's outergarments.
-SOURCE-
(Added Pub. L. 92-328, title I, Sec. 103(a), June 30, 1972, 86
Stat. 394, Sec. 362; amended Pub. L. 94-71, title I, Sec. 103, Aug.
5, 1975, 89 Stat. 396; Pub. L. 94-433, title III, Sec. 301, title
IV, Sec. 404(24), Sept. 30, 1976, 90 Stat. 1377, 1379; Pub. L. 95-
117, title III, Sec. 301, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95-
479, title I, Sec. 103, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96-
128, title I, Sec. 103, Nov. 28, 1979, 93 Stat. 984; Pub. L. 96-
385, title I, Sec. 103, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 97-
66, title I, Sec. 103, Oct. 17, 1981, 95 Stat. 1027; Pub. L. 97-
253, title IV, Sec. 405(d), Sept. 8, 1982, 96 Stat. 804; Pub. L.
97-306, title I, Secs. 103, 107, Oct. 14, 1982, 96 Stat. 1430,
1431; Pub. L. 98-223, title I, Sec. 103, Mar. 2, 1984, 98 Stat. 38;
Pub. L. 98-543, title I, Sec. 103, Oct. 24, 1984, 98 Stat. 2736;
Pub. L. 99-238, title I, Sec. 103, Jan. 13, 1986, 99 Stat. 1766;
Pub. L. 99-576, title I, Sec. 103, Oct. 28, 1986, 100 Stat. 3251;
Pub. L. 100-227, title I, Sec. 103, Dec. 31, 1987, 101 Stat. 1553;
Pub. L. 100-687, div. B, title XI, Sec. 1103, Nov. 18, 1988, 102
Stat. 4124; Pub. L. 101-237, title I, Secs. 103, 112, Dec. 18,
1989, 103 Stat. 2063, 2065; Pub. L. 102-3, Sec. 4, Feb. 6, 1991,
105 Stat. 8; renumbered Sec. 1162, Pub. L. 102-83, Sec. 5(a), Aug.
6, 1991, 105 Stat. 406; Pub. L. 102-152, Sec. 4, Nov. 12, 1991, 105
Stat. 986; Pub. L. 103-78, Sec. 3, Aug. 13, 1993, 107 Stat. 768;
Pub. L. 103-140, Sec. 4, Nov. 11, 1993, 107 Stat. 1486; Pub. L. 105-
98, Sec. 4, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 106-118, Sec.
4, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 107-94, Sec. 4, Dec. 21,
2001, 115 Stat. 901; Pub. L. 107-330, title III, Sec. 309(c), Dec.
6, 2002, 116 Stat. 2830; Pub. L. 108-454, title III, Sec. 307(c),
Dec. 10, 2004, 118 Stat. 3613; Pub. L. 109-111, Sec. 2(c), Nov. 22,
2005, 119 Stat. 2363; Pub. L. 109-444, Sec. 9(c), Dec. 21, 2006,
120 Stat. 3315; Pub. L. 109-461, title X, Secs. 1005(c), 1006(b),
Dec. 22, 2006, 120 Stat. 3467, 3468; Pub. L. 110-324, Sec. 3(c),
Sept. 24, 2008, 122 Stat. 3551; Pub. L. 111-37, Sec. 3(c), June 30,
2009, 123 Stat. 1929.)
-MISC1-
AMENDMENTS
2009 - Pub. L. 111-37 substituted "$716" for "$677" in
introductory provisions.
2008 - Pub. L. 110-324 substituted "$677" for "$662" in
introductory provisions.
2006 - Pub. L. 109-461, Sec. 1006(b), provided that as of the
enactment of Pub. L. 109-461, the amendments made by Pub. L. 109-
444 were deemed for all purposes not to have taken effect and that
Pub. L. 109-444 ceased to be in effect. See Amendment notes below
and section 1006(b) of Pub. L. 109-461, set out as a Coordination
of Provisions With Pub. L. 109-444 note under section 101 of this
title.
Pub. L. 109-461, Sec. 1005(c), substituted "$662" for "$641".
Pub. L. 109-444, which substituted "$662" for "$641", was
terminated by Pub. L. 109-461, Sec. 1006(b). See Amendment notes
above.
2005 - Pub. L. 109-111 substituted "$641" for "$600".
2004 - Pub. L. 108-454 substituted "$600" for "$588".
2002 - Pub. L. 107-330 substituted "$588" for "$580".
2001 - Pub. L. 107-94 substituted "$580" for "$546".
1999 - Pub. L. 106-118 substituted "$546" for "$528".
1997 - Pub. L. 105-98 substituted "$528" for "$478".
1993 - Pub. L. 103-140 substituted "$478" for "$466".
Pub. L. 103-78 substituted "$466" for "$452".
1991 - Pub. L. 102-152 substituted "$452" for "$436".
Pub. L. 102-83 renumbered section 362 of this title as this
section.
Pub. L. 102-3 substituted "$436" for "$414".
1989 - Pub. L. 101-237, Sec. 112, substituted "Secretary under"
for "Administrator under" and "Secretary shall" for "Administrator
shall", and substituted "who - " and pars. (1) and (2) for "who
because of disability which is compensable under the provisions of
this chapter, wears or uses prosthetic or orthopedic appliance or
appliances (including a wheelchair) which the Administrator
determines tends to wear out or tear the clothing of such a
veteran."
Pub. L. 101-237, Sec. 103, substituted "$414" for "$395".
1988 - Pub. L. 100-687 substituted "$395" for "$380".
1987 - Pub. L. 100-227 substituted "$380" for "$365".
1986 - Pub. L. 99-576 substituted "$365" for "$360".
Pub. L. 99-238 substituted "$360" for "$349".
1984 - Pub. L. 98-543 substituted "$349" for "$338".
Pub. L. 98-223 substituted "$338" for "$327".
1982 - Pub. L. 97-306, Secs. 103, 107, 108, substituted "$327"
for "$305" and repealed amendment made by Pub. L. 97-253, Sec.
405(d), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(d), (h), eff. Jan. 1, 1983, substituted
"$304" for "$305" after "clothing allowance of".
1981 - Pub. L. 97-66 substituted "$305" for "$274".
1980 - Pub. L. 96-385 substituted "$274" for "$240".
1979 - Pub. L. 96-128 substituted "$240" for "$218".
1978 - Pub. L. 95-479 substituted "$218" for "$203".
1977 - Pub. L. 95-117 substituted "$203" for "$190".
1976 - Pub. L. 94-433, Secs. 301, 404(24), substituted "$190" for
"$175" and "the Administrator shall prescribe" for "he shall
prescribe".
1975 - Pub. L. 94-71 substituted "$175" for "$150".
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111-37 effective Dec. 1, 2008, see section
3(g) of Pub. L. 111-37, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110-324 effective Dec. 1, 2007, see section
3(f) of Pub. L. 110-324, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by Pub. L. 109-111 effective Dec. 1, 2005, see section
2(f) of Pub. L. 109-111, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107-94 effective Dec. 1, 2001, see section 7
of Pub. L. 107-94, set out as a note under section 1114 of this
title.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106-118 effective Dec. 1, 1999, see section
7 of Pub. L. 106-118, set out as a note under section 1114 of this
title.
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 section 103 of Pub. L. 101-237 effective Dec. 1,
1989, see section 106 of Pub. L. 101-237, set out as a note under
section 1114 of this title.
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 AMENDMENT
Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section
108 of Pub. L. 97-306, set out as a note under section 1114 of this
title.
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
Section effective first day of second calendar month which begins
after June 30, 1972, see section 301(a) of Pub. L. 92-328, set out
as an Effective Date of 1972 Amendment note under section 1114 of
this title.
REPEAL
Section 405(d) of Pub. L. 97-253, cited as a credit to this
section, was repealed by Pub. L. 97-306, Secs. 107, 108, Oct. 14,
1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982.
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.
-End-
-CITE-
38 USC Sec. 1163 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS
-HEAD-
Sec. 1163. Trial work periods and vocational rehabilitation for
certain veterans with total disability ratings
-STATUTE-
(a)(1) The disability rating of a qualified veteran who begins to
engage in a substantially gainful occupation after January 31,
1985, may not be reduced on the basis of the veteran having secured
and followed a substantially gainful occupation unless the veteran
maintains such an occupation for a period of 12 consecutive months.
(2) For purposes of this section, the term "qualified veteran"
means a veteran who has a service-connected disability, or service-
connected disabilities, not rated as total but who has been
awarded a rating of total disability by reason of inability to
secure or follow a substantially gainful occupation as a result of
such disability or disabilities.
(b) The Secretary shall make counseling services described in
section 3104(a)(2) of this title and placement and postplacement
services described in section 3104(a)(5) of this title available to
each qualified veteran (whether or not the veteran is participating
in a vocational rehabilitation program under chapter 31 of this
title).
(c)(1) In the case of each award after January 31, 1985, of a
rating of total disability described in subsection (a)(2) of this
section to a veteran, the Secretary shall provide to the veteran,
at the time that notice of the award is provided to the veteran, a
statement providing -
(A) notice of the provisions of this section;
(B) information explaining the purposes and availability of and
eligibility for, and the procedures for pursuing, a vocational
rehabilitation program under chapter 31 of this title; and
(C) a summary description of the scope of services and
assistance available under that chapter.
(2) After providing the notice required under paragraph (1) of
this subsection, the Secretary shall offer the veteran the
opportunity for an evaluation under section 3106(a) of this title.
-SOURCE-
(Added Pub. L. 98-543, title I, Sec. 111(a)(1), Oct. 24, 1984, 98
Stat. 2738, Sec. 363; amended Pub. L. 100-687, div. B, title XIII,
Sec. 1301, Nov. 18, 1988, 102 Stat. 4127; renumbered Sec. 1163 and
amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 404-406; Pub. L. 102-291, Sec. 2(a), May 20,
1992, 106 Stat. 178; Pub. L. 102-568, title IV, Sec. 401(a)-(d)(1),
Oct. 29, 1992, 106 Stat. 4336.)
-MISC1-
AMENDMENTS
1992 - Pub. L. 102-568, Sec. 401(d)(1), substituted "Trial work
periods and vocational rehabilitation for certain veterans with
total disability ratings" for "Temporary program for trial work
periods and vocational rehabilitation for certain veterans with
total disability ratings" as section catchline.
Subsec. (a)(1). Pub. L. 102-568, Sec. 401(a)(1), substituted
"after January 31, 1985," for "during the program period".
Subsec. (a)(2). Pub. L. 102-568, Sec. 401(a)(2), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "For
purposes of this section:
"(A) The term 'qualified veteran' means a veteran who has a
service-connected disability, or service-connected disabilities,
not rated as total but who has been awarded a rating of total
disability by reason of inability to secure or follow a
substantially gainful occupation as a result of such disability
or disabilities.
"(B) The term 'program period' means the period beginning on
February 1, 1985, and ending on December 31, 1992."
Pub. L. 102-291 substituted "December 31, 1992" for "January 31,
1992" in subpar. (B).
Subsec. (b). Pub. L. 102-568, Sec. 401(b), substituted "The
Secretary" for "During the program period, the Secretary".
Subsec. (c)(1). Pub. L. 102-568, Sec. 401(c), substituted "after
January 31, 1985, of a rating of total disability described in
subsection (a)(2)" for "during the program period of a rating of
total disability described in subsection (a)(2)(A)".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 363 of this
title as this section.
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted
"3104(a)(2)" for "1504(a)(2)" and "3104(a)(5)" for "1504(a)(5)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "3106(a)"
for "1506(a)" in par. (2).
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in pars. (1) and (2).
1988 - Subsec. (a)(2)(B). Pub. L. 100-687, Sec. 1301(a),
substituted "1992" for "1989".
Subsec. (c)(1). Pub. L. 100-687, Sec. 1301(b)(2), (3),
substituted "(1) In" for "(1)(A) Except as provided in paragraph
(4) of this subsection, in", redesignated cls. (i), (ii), and (iii)
as subpars. (A), (B), and (C), respectively, and struck out former
subpar. (B) which required that, after providing notice,
Administrator arrange promptly for evaluation to determine whether
achievement of vocational goal by veteran is feasible.
Subsec. (c)(2). Pub. L. 100-687, Sec. 1301(b)(1), (3)(B), added
par. (2) and struck out former par. (2) which related to failure of
veteran to participate in evaluation, and reduction of disability
rating.
Subsec. (c)(3). Pub. L. 100-687, Sec. 1301(b)(1), struck out par.
(3) which related to individualized written plan of vocational
rehabilitation after completion of evaluation, and failure to
pursue program of vocational rehabilitation described in such plan.
Subsec. (c)(4). Pub. L. 100-687, Sec. 1301(b)(1), struck out par.
(4) which read as follows: "This subsection does not apply with
respect to a veteran as to whom the Administrator determines that
an evaluation of vocational rehabilitation potential or achievement
of a vocational goal is not reasonably feasible."
EFFECTIVE DATE OF 1992 AMENDMENT
Section 2(d) of Pub. L. 102-291 provided that: "The amendments
made by subsections (a) through (c) [amending this section and
sections 1524 and 1525 of this title] shall take effect as of
January 31, 1992."
RATIFICATION OF ACTIONS OF SECRETARY OF VETERANS AFFAIRS DURING
LAPSED PERIOD
Section 2(e) of Pub. L. 102-291 provided that: "The following
actions of the Secretary of Veterans Affairs during the period
beginning on February 1, 1992, and ending on the date of the
enactment of this Act [May 20, 1992] are hereby ratified with
respect to that period:
"(1) A failure to reduce the disability rating of a veteran who
began to engage in a substantially gainful occupation during that
period.
"(2) The provision of a vocational training program (including
related evaluations and other related services) to a veteran
under section 1524 of title 38, United States Code, and the
making of related determinations under that section.
"(3) The provision of health care and services to a veteran
pursuant to section 1525 of title 38, United States Code."
INFORMATION; TEMPORARY PROGRAM; ADMINISTRATOR
Section 111(b) of Pub. L. 98-543 directed Administrator of
Veterans' Affairs to provide, not later than Apr. 1, 1985, to
certain veterans with service-connected disabilities, a statement
containing information explaining subsec. (b) of this section,
information explaining purposes and availability of and eligibility
for, and procedures for pursuing, a vocational rehabilitation
program under chapter 31 of this title, and a summary description
of scope of services and assistance available under chapter 31.
REPORT TO CONGRESSIONAL COMMITTEES; TRIAL PROGRAM
Section 111(c) of Pub. L. 98-543, as amended by Pub. L. 99-576,
title VII, Sec. 703(a)(2), Oct. 28, 1986, 100 Stat. 3303, directed
Administrator of Veterans' Affairs to submit, not later than Apr.
15, 1988, to Committees on Veterans' Affairs of Senate and House of
Representatives a report on results of implementation of this
section during the three-year period beginning on Feb. 1, 1985.
-End-
-CITE-
38 USC CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION
FOR SERVICE-CONNECTED DEATHS 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
-HEAD-
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
-MISC1-
SUBCHAPTER I - GENERAL
Sec.
1301. Definitions.
1302. Determination of pay grade.
1303. Cost-of-living adjustments.
1304. Special provisions relating to surviving spouses.
SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION
1310. Deaths entitling survivors to dependency and indemnity
compensation.
1311. Dependency and indemnity compensation to a surviving
spouse.
1312. Benefits in certain cases of in-service or
service-connected deaths.
1313. Dependency and indemnity compensation to children.
1314. Supplemental dependency and indemnity compensation to
children.
1315. Dependency and indemnity compensation to parents.
1316. Dependency and indemnity compensation in cases of
prior deaths.
1317. Restriction on payments under this chapter.
1318. Benefits for survivors of certain veterans rated
totally disabled at time of death.
SUBCHAPTER III - CERTIFICATIONS
1321. Certifications with respect to pay grade.
1322. Certifications with respect to social security
entitlement.
1323. Certifications with respect to circumstances of death.
AMENDMENTS
1997 - Pub. L. 105-33, title VIII, Sec. 8031(b)(2), Aug. 5, 1997,
111 Stat. 669, added item 1303.
1991 - Pub. L. 102-83, Secs. 4(b)(3)(B), 5(b)(1), Aug. 6, 1991,
105 Stat. 405, 406, renumbered items 401 to 423 as 1301 to 1323,
respectively, and in item 1323 substituted "with respect to
circumstances of death" for "by Administrator".
1988 - Pub. L. 100-687, div. B, title XIV, Sec. 1403(a)(2), Nov.
18, 1988, 102 Stat. 4130, added item 418.
1982 - Pub. L. 97-306, title I, Sec. 113(b)(2), Oct. 14, 1982, 96
Stat. 1432, struck out item 403 "Coverage of members of Reserve
Officers' Training Corps".
1976 - Pub. L. 94-433, Sec. 405(6), (8), Sept. 30, 1976, 90 Stat.
1379, substituted "surviving spouses" for "widows" in item 404 and
"surviving spouse" for "widow" in item 411.
1969 - Pub. L. 91-96, Sec. 6, Oct. 27, 1969, 83 Stat. 145,
substituted "Determination of pay grade" for "Computation of basic
pay" in item 402 and "Certifications with respect to pay grade" for
"Certifications with respect to basic pay" in item 421.
UNIFORMED SERVICES, PROMOTION OF MEMBERS IN MISSING STATUS;
EFFECTIVE DATE
Provisions of section 552(a) of Title 37, Pay and Allowances of
the Uniformed Services, for full effectiveness for all purposes of
promotion of a member while in a missing status notwithstanding a
determination of death before the making of the promotion effective
as of Nov. 24, 1971, for the purposes of this chapter, see section
2 of Pub. L. 93-26, Apr. 27, 1973, 87 Stat. 26, set out as an
Effective Date of 1973 Amendment note under section 552 of Title
37.
-End-
-CITE-
38 USC SUBCHAPTER I - GENERAL 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER I - GENERAL
-HEAD-
SUBCHAPTER I - GENERAL
-End-
-CITE-
38 USC Sec. 1301 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1301. Definitions
-STATUTE-
As used in this chapter -
The term "veteran" includes a person who died in the active
military, naval, or air service.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1126, Sec. 401; Pub. L. 91-
24, Sec. 4(a), June 11, 1969, 83 Stat. 33; Pub. L. 91-96, Sec. 5,
Oct. 27, 1969, 83 Stat. 145; renumbered Sec. 1301, Pub. L. 102-83,
Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83 renumbered section 401 of this title as
this section.
1969 - Pub. L. 91-96 struck out par. (1) which defined "basic
pay".
Par. (1). Pub. L. 91-24 substituted "sections 201, 202, 203, 204,
205, or 207 of title 37" for "sections 232(a), 232(e), or 308 of
Title 37".
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.
COST-OF-LIVING INCREASES IN COMPENSATION RATES
For limitation on increases in dependency and indemnity
compensation payable under this chapter, see section 8005 of Pub.
L. 101-508, set out as a note under section 1101 of this title.
-End-
-CITE-
38 USC Sec. 1302 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1302. Determination of pay grade
-STATUTE-
(a) With respect to a veteran who died in the active military,
naval, or air service, such veteran's pay grade shall be determined
as of the date of such veteran's death or as of the date of a
promotion after death while in a missing status.
(b) With respect to a veteran who did not die in the active
military, naval, or air service, such veteran's pay grade shall be
determined as of -
(1) the time of such veteran's last discharge or release from
active duty under conditions other than dishonorable; or
(2) the time of such veteran's discharge or release from any
period of active duty for training or inactive duty training, if
such veteran's death results from service-connected disability
incurred during such period and if such veteran was not
thereafter discharged or released under conditions other than
dishonorable from active duty.
(c) The pay grade of any veteran described in section 106(b) of
this title shall be that to which such veteran would have been
assigned upon final acceptance or entry upon active duty.
(d) If a veteran has satisfactorily served on active duty for a
period of six months or more in a pay grade higher than that
specified in subsection (a) or (b) and any subsequent discharge or
release from active duty was under conditions other than
dishonorable, the higher pay grade shall be used if it will result
in greater monthly payments to such veteran's surviving spouse
under this chapter. The determination as to whether an individual
has served satisfactorily for the required period in a higher pay
grade shall be made by the Secretary of the department in which
such higher pay grade was held.
(e) The pay grade of any person not otherwise described in this
section, but who had a compensable status on the date of such
person's death under laws administered by the Secretary, shall be
determined by the head of the department under which such person
performed the services by which such person obtained such status
(taking into consideration such person's duties and
responsibilities) and certified to the Secretary. For the purposes
of this chapter, such person shall be deemed to have been on active
duty while performing such services.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1126, Sec. 402; Pub. L. 86-
492, June 8, 1960, 74 Stat. 161; Pub. L. 89-622, Sec. 1, Oct. 4,
1966, 80 Stat. 873; Pub. L. 91-96, Sec. 1, Oct. 27, 1969, 83 Stat.
144; Pub. L. 92-169, Sec. 2, Nov. 24, 1971, 85 Stat. 489; Pub. L.
94-433, title IV, Sec. 405(1)-(3), Sept. 30, 1976, 90 Stat. 1379;
Pub. L. 102-54, Sec. 14(b)(2), June 13, 1991, 105 Stat. 283;
renumbered Sec. 1302 and amended Pub. L. 102-83, Secs. 4(a)(1),
(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 402 of this
title as this section.
Subsec. (d). Pub. L. 102-54 substituted "department" for
"Department".
Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" before period at end of first
sentence.
Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the
Secretary" for "administered by the Veterans' Administration".
1976 - Subsec. (a). Pub. L. 94-433, Sec. 405(1), substituted
"such veteran's" for "his" in two places.
Subsec. (b). Pub. L. 94-433, Sec. 405(1), substituted "such
veteran's" for "his" in introductory clause and items (1) and (2)
and "such veteran" for "he" in item (2).
Subsec. (c). Pub. L. 94-433, Sec. 405(2), substituted "such
veteran" for "he".
Subsec. (d). Pub. L. 94-433, Sec. 405(2), substituted "such
veteran's surviving spouse" for "his widow".
Subsec. (e). Pub. L. 94-433, Sec. 405(3), substituted "such
person's" for "his" in two places and "such person" for "he".
1971 - Subsec. (a). Pub. L. 92-169 provided, with regard to
determination of veteran's pay grade at date of his death, that in
the case of a promotion after death while the veteran is in a
missing status, the pay grade determination date is the date of
such promotion.
1969 - Pub. L. 91-96 substituted "Determination of pay grade" for
"Computation of basic pay" in section catchline.
Subsec. (a). Pub. L. 91-96 substituted provisions determining the
pay grade of a veteran who died in the active service for
provisions determining the basic pay of a veteran who died in the
active service as that prescribed on Jan. 1, 1957, or on the date
of his death (whichever is the later date) for a member of a
uniformed service on active duty of the same rank and years of
service.
Subsec. (b). Pub. L. 91-96 substituted provisions determining the
pay grade of a veteran who did not die in the active service for
provisions determining the basic pay of a veteran who did not die
in the active service as that prescribed on Jan. 1, 1957, or on the
date of his death (whichever is the later date) for a member of a
uniformed service on active duty of the same rank and years of
service.
Subsec. (c). Pub. L. 91-96 redesignated former subsec. (c)(1) as
(c) and substituted "pay grade" for "basic pay" and "assigned" for
"entitled". Former subsec. (c)(2) redesignated (e).
Subsec. (d). Pub. L. 91-96 substituted provisions determining the
applicability of a higher pay grade of a veteran who had served six
months or more in a pay grade higher than that specified in subsec.
(a) or (b) for provisions determining the basic pay of a veteran
who had served six months or more in a rank higher than that
specified in the former provisions of subsec. (a) or (b).
Subsec. (e). Pub. L. 91-96 redesignated former subsec. (c)(2) as
(e), substituted "pay grade" for "basic pay", and struck out "and
years of service" after "responsibilities".
1966 - Subsec. (d). Pub. L. 89-622 substituted "any subsequent
discharge or release from active duty was under conditions other
than dishonorable" for "was so serving in such rank within one
hundred and twenty days before death in the active military, naval,
or air service or before last discharge or release from active duty
under conditions other than dishonorable".
1960 - Subsec. (d). Pub. L. 86-492 added subsec. (d).
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
Section 3 of Pub. L. 92-169 provided that: "For the purposes of
chapter 13 of title 38, United States Code, this Act [amending this
section and section 552 of Title 37, Pay and Allowances of the
Uniformed Services] becomes effective upon the date of enactment
[Nov. 24, 1971]. For all other purposes this Act becomes effective
as of February 28, 1961."
EFFECTIVE DATE OF 1969 AMENDMENT
Section 8 of Pub. L. 91-96 provided that: "This Act [amending
this section and sections 322 [now 1122], 401 [now 1301], 403, 411
[now 1311], and 421 [now 1321] of this title] shall take effect on
the first day of the second calendar month which begins after the
date of enactment [Oct. 27, 1969]."
EFFECTIVE DATE OF 1966 AMENDMENT
Section 2 of Pub. L. 89-622 provided that: "The amendment made by
this Act [amending this section] shall take effect on the first day
of the second calendar month after the date of enactment of this
Act [Oct. 4, 1966]."
-End-
-CITE-
38 USC Sec. 1303 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1303. Cost-of-living adjustments
-STATUTE-
(a) In the computation of cost-of-living adjustments for fiscal
years 1998 through 2013 in the rates of dependency and indemnity
compensation payable under this chapter, such adjustments (except
as provided in subsection (b)) 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 (other than increased rates 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)).
-SOURCE-
(Added Pub. L. 105-33, title VIII, Sec. 8031(b)(1), Aug. 5, 1997,
111 Stat. 668; amended Pub. L. 107-103, title II, Sec. 205, Dec.
27, 2001, 115 Stat. 990; Pub. L. 108-183, title VII, Sec. 706, Dec.
16, 2003, 117 Stat. 2672.)
-REFTEXT-
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 (Sec. 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.
-MISC1-
AMENDMENTS
2003 - Subsec. (a). Pub. L. 108-183 substituted "2013" for
"2011".
2001 - Subsec. (a). Pub. L. 107-103 substituted "2011" for
"2002".
-End-
-CITE-
38 USC Sec. 1304 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1304. Special provisions relating to surviving spouses
-STATUTE-
No dependency and indemnity compensation shall be paid to the
surviving spouse of a veteran dying after December 31, 1956, unless
such surviving spouse was married to such veteran -
(1) before the expiration of fifteen years after the
termination of the period of service in which the injury or
disease causing the death of the veteran was incurred or
aggravated; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage,
or was born to them before the marriage.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127, Sec. 404; Pub. L. 90-
77, title I, Sec. 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-
433, title IV, Sec. 405(4), (5), Sept. 30, 1976, 90 Stat. 1379;
renumbered Sec. 1304, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105
Stat. 406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83 renumbered section 404 of this title as
this section.
1976 - Pub. L. 94-433, Sec. 405(4), (5), substituted "surviving
spouse", "such surviving spouse", and "such veteran" for "widow",
"she", and "him", respectively, in introductory clause and
"surviving spouses" for "widows" in section catchline.
1967 - Pub. L. 90-77 qualified widow of a veteran for receipt of
compensation by reducing in par. (2) the requisite marriage period
from five years to one year and by making her eligible for benefits
in par. (3) in event of antenuptial birth.
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.
-End-
-CITE-
38 USC SUBCHAPTER II - DEPENDENCY AND INDEMNITY
COMPENSATION 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION
-HEAD-
SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION
-End-
-CITE-
38 USC Sec. 1310 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION
-HEAD-
Sec. 1310. Deaths entitling survivors to dependency and indemnity
compensation
-STATUTE-
(a) When any veteran dies after December 31, 1956, from a service-
connected or compensable disability, the Secretary shall pay
dependency and indemnity compensation to such veteran's surviving
spouse, children, and parents. The standards and criteria for
determining whether or not a disability is service-connected shall
be those applicable under chapter 11 of this title.
(b) Dependency and indemnity compensation shall not be paid to
the surviving spouse, children, or parents of any veteran dying
after December 31, 1956, unless such veteran (1) was discharged or
released under conditions other than dishonorable from the period
of active military, naval, or air service in which the disability
causing such veteran's death was incurred or aggravated, or (2)
died while in the active military, naval, or air service.
(c) A person who receives a payment under the provisions of the
Radiation Exposure Compensation Act of 1990 (42 U.S.C. 2210 note)
shall not be deprived, by reason of the receipt of that payment, of
receipt of dependency and indemnity compensation to which that
person is otherwise entitled, but there shall be deducted from
payment of such dependency and indemnity compensation the amount of
the payment under that Act.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127, Sec. 410; Pub. L. 94-
433, title IV, Sec. 405(7), Sept. 30, 1976, 90 Stat. 1379; Pub. L.
95-479, title II, Sec. 204, Oct. 18, 1978, 92 Stat. 1564; Pub. L.
97-306, title I, Sec. 112(a), Oct. 14, 1982, 96 Stat. 1432; Pub. L.
100-687, div. B, title XIV, Sec. 1403(b), Nov. 18, 1988, 102 Stat.
4131; renumbered Sec. 1310 and amended Pub. L. 102-83, Secs.
4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 108-
454, title III, Sec. 302(b), Dec. 10, 2004, 118 Stat. 3610.)
-REFTEXT-
REFERENCES IN TEXT
The Radiation Exposure Compensation Act, referred to in subsec.
(c), is Pub. L. 101-426, Oct. 15, 1990, 104 Stat. 920, as amended,
which is set out as a note under section 2210 of Title 42, The
Public Health and Welfare.
-MISC1-
AMENDMENTS
2004 - Subsec. (c). Pub. L. 108-454 added subsec. (c).
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 410 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
1988 - Subsecs. (b), (c). Pub. L. 100-687 redesignated subsec.
(c) as (b) and struck out former subsec. (b) which read as follows:
"(1) Notwithstanding the provisions of subsection (a) of this
section, when any veteran dies, not as the result of the veteran's
own willful misconduct, if the veteran was in receipt of or
entitled to receive (or but for the receipt of retired or
retirement pay was entitled to receive) compensation at the time of
death for a service-connected disability that either (A) was
continuously rated totally disabling for a period of ten or more
years immediately preceding death, or (B) if so rated for a lesser
period, was so rated continuously for a period of not less than
five years from the date of such veteran's discharge or other
release from active duty, the Administrator shall pay benefits
under this chapter to the veteran's surviving spouse, if such
surviving spouse was married to such veteran for not less than two
years immediately preceding such veteran's death, and to such
veteran's children, in the same manner as if the veteran's death
were service connected.
"(2) If a surviving spouse or a child receives any money or
property of value pursuant to an award in a judicial proceeding
based upon, or a settlement or compromise of, any cause of action
for damages for the death of a veteran described in paragraph (1)
of this subsection, benefits under this chapter payable to such
surviving spouse or child by virtue of this subsection shall not be
paid for any month following a month in which any such money or
property is received until such time as the total amount of such
benefits that would otherwise have been payable equals the total of
the amount of the money received and the fair market value of the
property received.
"(3) For purposes of sections 1448(d) and 1450(c) of title 10,
eligibility for benefits under this chapter by virtue of this
subsection shall be deemed eligibility for dependency and indemnity
compensation under section 411(a) of this title."
1982 - Subsec. (b)(1). Pub. L. 97-306 inserted "or entitled to
receive" after "was in receipt of".
1978 - Subsecs. (b), (c). Pub. L. 95-479 added subsec. (b) and
redesignated former subsec. (b) as (c).
1976 - Subsec. (a). Pub. L. 94-433 substituted "such veteran's
surviving spouse" for "his widow".
Subsec. (b). Pub. L. 94-433 substituted "surviving spouse", "such
veteran", and "such veteran's" for "widow", "he", and "his",
respectively.
EFFECTIVE DATE OF 2004 AMENDMENT
Subsec. (c) of this section effective with respect to dependency
and indemnity compensation payments for months beginning after Mar.
26, 2002, see section 302(c) of Pub. L. 108-454, set out as a note
under section 1112 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT; RETROSPECTIVE PAYMENTS
Section 112(b) of Pub. L. 97-306 provided that:
"(1) The amendment made by subsection (a) [amending this section]
shall take effect on October 1, 1982.
"(2)(A) As soon as practicable after September 30, 1982, the
Administrator of Veterans' Affairs shall pay an amount determined
under subparagraph (B) to each person who would have been entitled
to a payment under chapter 13 of title 38, United States Code, for
any part of the period beginning on October 1, 1978, and ending on
September 30, 1982, if the amendment made by subsection (a)
[amending this section] had taken effect on October 1, 1978.
"(B) The amount of any payment to a person under subparagraph (A)
is the amount equal to the total of all payments under chapter 13
of title 38, United States Code, that would have been made to that
person for the period described in such subparagraph if the
amendment made by subsection (a) [amending this section] had taken
effect on October 1, 1978."
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 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.
GAO REPORT RELATING TO BENEFITS FOR SURVIVORS OF VETERANS AND
MEMBERS OF ARMED FORCES
Pub. L. 102-568, title I, Sec. 104, Oct. 29, 1992, 106 Stat.
4322, provided that:
"(a) In General. - The Comptroller General of the United States
shall submit to the Committees on Veterans' Affairs of the Senate
and House of Representatives a report with respect to the most
appropriate combination of financial, health-care, educational, and
other survivor benefits to meet the needs of survivors of veterans.
"(b) Contents of Report. - The report shall include the
following:
"(1) A review and compilation of data on current and proposed
survivor benefits programs that will permit an assessment of the
adequacy of such benefits programs, including information on -
"(A) in the case of each current and proposed alternative
survivor benefits program -
"(i) each benefit provided;
"(ii) the survivors entitled to the benefit;
"(iii) the extent to which survivors are entitled to
similar benefits under the program; and
"(iv) the costs of providing such benefits under the
program;
"(B) the extent to which current and anticipated benefits
under current survivor benefits programs meet the current and
anticipated financial, health-care, educational, and other
needs of survivors; and
"(C) the differences, if any, in the survivor benefits
provided under current and proposed survivor benefits programs
to survivors of various categories of veterans and members of
the Armed Forces (including survivors of veterans having
service-connected disabilities, veterans without such
disabilities, members of the Armed Forces who die during
service in the Armed Forces, members of the Armed Forces
retired under any provision of law other than chapter 61 of
title 10, United States Code, and members of the Armed Forces
retired under chapter 61 of title 10, United States Code
(relating to retirement or separation for physical
disability)).
"(2) A review and compilation of existing studies on the
adequacy of survivor benefits provided under current and proposed
survivor benefits programs to meet the financial, health-care,
educational, and other needs of survivors.
"(3) A comprehensive assessment and evaluation of the adequacy
of current and proposed survivor benefits programs, including
data and methods for an assessment and evaluation of -
"(A) the feasibility and desirability of limiting the period
of entitlement of survivors to survivor benefits;
"(B) the feasibility and desirability of modifying the
provision of monetary benefits to survivors by -
"(i) revising the term of payment of any such benefits;
"(ii) replacing the periodic payment of such benefits with
a lump sum payment;
"(iii) providing such benefits through insurance or other
premium-based payment mechanisms; or
"(iv) carrying out any other revision or modification
proposed before the date of the enactment of this Act [Oct.
29, 1992] by the Secretary of Veterans Affairs, the Secretary
of Defense, the Secretary of Health and Human Services, or
organizations recognized by the Secretary of Veterans Affairs
under section 5902(a)(1) of title 38, United States Code;
"(C) the feasibility and desirability of modifying the
provision of health-care benefits to survivors;
"(D) the feasibility and desirability of modifying the
provision of benefits to children survivors; and
"(E) the feasibility and desirability of consolidating,
expanding, or otherwise modifying any program relating to the
provision of survivor benefits.
"(4) The recommendations of the Comptroller General (including
a proposal for legislation) on the most appropriate combination
of survivor benefits to meet the current and anticipated
financial, health-care, educational, and other needs of
survivors.
"(c) Submission of Report. - The Comptroller General shall submit
the report not later than April 1, 1994.
"(d) Definitions. - In this section:
"(1) The term 'survivor', in the case of a veteran or member of
the Armed Forces who dies, means the surviving spouse or
surviving dependent child of the veteran or member.
"(2) The term 'survivor benefit' means any monetary, health-
care, educational, or other benefit paid, payable, or otherwise
provided to survivors of veterans and survivors of members of the
Armed Forces under the following:
"(A) Laws administered by the Secretary of Veterans Affairs.
"(B) Laws administered by the Secretary of Defense.
"(C) The Social Security Act (42 U.S.C. 301 et seq.).
"(3) The term 'veteran' has the meaning given such term in
section 101(2) of title 38, United States Code."
DEPENDENCY AND INDEMNITY COMPENSATION PROGRAM
Section 204 of Pub. L. 94-433 directed Administrator of Veterans'
Affairs to study dependency and indemnity compensation program
authorized by this chapter in order to evaluate benefits provided
by program and to determine whether, or to what extent, benefits
should be based on military pay grade of person upon whose death
entitlement is predicated, and directed Administrator to submit to
Congress and President not later than Oct. 1, 1977, a report
containing results of study together with Administrator's
recommendations for improvement of program.
STUDY BY ADMINISTRATOR OF DEPENDENCY AND INDEMNITY COMPENSATION
CLAIMS
Pub. L. 94-71, Sec. 204, Aug. 5, 1975, 89 Stat. 397, directed
Administrator of Veterans' Affairs to make a study of claims for
dependency and indemnity compensation relating to veterans who at
time of death during period Sept. 1, 1975 to Mar. 1, 1976, were
receiving disability compensation based upon a total and permanent
disability and required report to be submitted to Speaker of House
and President of Senate no later than Oct. 1, 1976.
Pub. L. 93-295, title II, Sec. 207, May 31, 1974, 88 Stat. 183,
directed Administrator to make a study of claims for dependency and
indemnity compensation relating to veterans who, at time of death
within six months of May 31, 1974, were receiving disability
compensation, and to report to Speaker of House and President of
Senate no more than 30 days after beginning of 94th Congress.
-End-
-CITE-
38 USC Sec. 1311 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION
-HEAD-
Sec. 1311. Dependency and indemnity compensation to a surviving
spouse
-STATUTE-
(a)(1) Dependency and indemnity compensation shall be paid to a
surviving spouse at the monthly rate of $1,154.
(2) The rate under paragraph (1) shall be increased by $246 in
the case of the death of a veteran who at the time of death was in
receipt of or was entitled to receive (or but for the receipt of
retired pay or retirement pay was entitled to receive) compensation
for a service-connected disability that was rated totally disabling
for a continuous period of at least eight years immediately
preceding death. In determining the period of a veteran's
disability for purposes of the preceding sentence, only periods in
which the veteran was married to the surviving spouse shall be
considered.
(3) In the case of dependency and indemnity compensation paid to
a surviving spouse that is predicated on the death of a veteran
before January 1, 1993, the monthly rate of such compensation shall
be the amount based on the pay grade of such veteran, as set forth
in the following table, if the amount is greater than the total
amount determined with respect to that veteran under paragraphs (1)
and (2):
Pay grade Monthly Pay grade Monthly
rate rate
--------------------------------------------------------------------
E-1 $1,154 W-4 $1,380
E-2 $1,154 O-1 $1,219
E-3 $1,154 O-2 $1,260
E-4 $1,154 O-3 $1,347
E-5 $1,154 O-4 $1,427
E-6 $1,154 O-5 $1,571
E-7 $1,194 O-6 $1,771
E-8 $1,260 O-7 $1,912
E-9 $1,3141 O-8 $2,100
W-1 $1,219 O-9 $2,246
W-2 $1,267 O-10 $2,463
2
W-3 $1,305
1 If the veteran served as sergeant major of the Army, senior
enlisted advisor of the Navy, chief master sergeant of the Air
Force, sergeant major of the Marine Corps, or master chief petty
officer of the Coast Guard, at the applicable time designated by
section 1302 of this title, the surviving spouse's rate shall be
$1,419.
2 If the veteran served as Chairman or Vice-Chairman of the
Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant of the
Marine Corps, or Commandant of the Coast Guard, at the applicable
time designated by section 1302 of this title, the surviving
spouse's rate shall be $2,643.
--------------------------------------------------------------------
(b) If there is a surviving spouse with one or more children
below the age of eighteen of a deceased veteran, the dependency and
indemnity compensation paid monthly to the surviving spouse shall
be increased by $286 for each such child.
(c) The monthly rate of dependency and indemnity compensation
payable to a surviving spouse shall be increased by $286 if the
spouse is (1) a patient in a nursing home or (2) blind, or so
nearly blind or significantly disabled as to need or require the
regular aid and attendance of another person.
(d) The monthly rate of dependency and indemnity compensation
payable to a surviving spouse shall be increased by $135 if the
surviving spouse is, by reason of disability, permanently
housebound but does not qualify for the aid and attendance
allowance under subsection (c) of this section. For the purposes of
this subsection, the requirement of "permanently housebound" will
be considered to have been met when the surviving spouse is
substantially confined to such surviving spouse's home (ward or
clinical areas, if institutionalized) or immediate premises by
reason of a disability or disabilities which it is reasonably
certain will remain throughout such surviving spouse's lifetime.
(e) In the case of an individual who is eligible for dependency
and indemnity compensation under this section by reason of section
103(d)(2)(B) of this title who is also eligible for benefits under
another provision of law by reason of such individual's status as
the surviving spouse of a veteran, then, notwithstanding any other
provision of law (other than section 5304(b)(3) of this title), no
reduction in benefits under such other provision of law shall be
made by reason of such individual's eligibility for benefits under
this section.
(f)(1) Subject to paragraphs (2) and (3), if there is a surviving
spouse with one or more children below the age of 18, the
dependency and indemnity compensation paid monthly to the surviving
spouse shall be increased by $250 (as increased from time to time
under paragraph (4)), regardless of the number of such children.
(2) Dependency and indemnity compensation shall be increased
under this subsection only for months occurring during the two-year
period beginning on the date on which entitlement to dependency and
indemnity compensation commenced.
(3) The increase in dependency and indemnity compensation of a
surviving spouse under this subsection shall cease beginning with
the first month commencing after the month in which all children of
the surviving spouse have attained the age of 18.
(4) Whenever there is an increase in benefit amounts payable
under title II of the Social Security Act (42 U.S.C. 401 et seq.)
as a result of a determination made under section 215(i) of such
Act (42 U.S.C. 415(i)), the Secretary shall, effective on the date
of such increase in benefit amounts, increase the amount payable
under paragraph (1), as such amount was in effect immediately prior
to the date of such increase in benefit amounts, by the same
percentage as the percentage by which such benefit amounts are
increased. Any increase in a dollar amount under this paragraph
shall be rounded down to the next lower whole dollar amount.
(5) Dependency and indemnity compensation under this subsection
is in addition to any other dependency and indemnity compensation
payable under this chapter.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127, Sec. 411; Pub. L. 87-
268, Sec. 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 88-21, Sec.
1, May 15, 1963, 77 Stat. 17; Pub. L. 88-134, Sec. 1, Oct. 5, 1963,
77 Stat. 223; Pub. L. 91-24, Sec. 4(b), June 11, 1969, 83 Stat. 33;
Pub. L. 91-96, Sec. 3, Oct. 27, 1969, 83 Stat. 144; Pub. L. 91-588,
Sec. 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 92-197, Sec. 1,
Dec. 15, 1971, 85 Stat. 660; Pub. L. 92-455, Sec. 4, Oct. 2, 1972,
86 Stat. 761; Pub. L. 93-295, title II, Sec. 201, May 31, 1974, 88
Stat. 182; Pub. L. 94-71, title II, Sec. 201, Aug. 5, 1975, 89
Stat. 396; Pub. L. 94-433, title II, Sec. 201, Sept. 30, 1976, 90
Stat. 1375; Pub. L. 95-117, title II, Sec. 201, Oct. 3, 1977, 91
Stat. 1064; Pub. L. 95-479, title II, Sec. 201, Oct. 18, 1978, 92
Stat. 1562; Pub. L. 96-128, title II, Sec. 201, Nov. 28, 1979, 93
Stat. 984; Pub. L. 96-385, title II, Sec. 201, Oct. 7, 1980, 94
Stat. 1529; Pub. L. 97-66, title II, Sec. 201, Oct. 17, 1981, 95
Stat. 1028; Pub. L. 97-253, title IV, Sec. 405(e), Sept. 8, 1982,
96 Stat. 804; Pub. L. 97-306, title I, Secs. 104, 107, Oct. 14,
1982, 96 Stat. 1430, 1431; Pub. L. 98-223, title I, Sec. 104, Mar.
2, 1984, 98 Stat. 38; Pub. L. 98-543, title I, Sec. 104, Oct. 24,
1984, 98 Stat. 2736; Pub. L. 99-238, title I, Sec. 104, Jan. 13,
1986, 99 Stat. 1766; Pub. L. 99-576, title I, Sec. 104, Oct. 28,
1986, 100 Stat. 3251; Pub. L. 100-180, div. A, title XIII, Sec.
1314(d)[(1)], Dec. 4, 1987, 101 Stat. 1176; Pub. L. 100-227, title
I, Sec. 104, Dec. 31, 1987, 101 Stat. 1554; Pub. L. 100-687, div.
B, title XI, Sec. 1104, Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101-
237, title I, Sec. 104, Dec. 18, 1989, 103 Stat. 2063; Pub. L. 102-
3, Sec. 5, Feb. 6, 1991, 105 Stat. 9; renumbered Sec. 1311 and
amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
406; Pub. L. 102-152, Sec. 5, Nov. 12, 1991, 105 Stat. 986; Pub. L.
102-568, title I, Sec. 102(a), (b), Oct. 29, 1992, 106 Stat. 4321,
4322; Pub. L. 103-78, Sec. 4, Aug. 13, 1993, 107 Stat. 768; Pub. L.
103-140, Sec. 5, Nov. 11, 1993, 107 Stat. 1486; Pub. L. 105-98,
Sec. 5, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 105-178, title VIII,
Sec. 8207(a), June 9, 1998, 112 Stat. 495; Pub. L. 106-117, title
V, Sec. 502(b), Nov. 30, 1999, 113 Stat. 1574; Pub. L. 106-118,
Sec. 5, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 107-94, Sec. 5, Dec.
21, 2001, 115 Stat. 901; Pub. L. 107-330, title III, Sec. 309(d),
Dec. 6, 2002, 116 Stat. 2830; Pub. L. 108-183, title I, Sec.
101(b), Dec. 16, 2003, 117 Stat. 2652; Pub. L. 108-454, title III,
Secs. 301(a), 307(d), Dec. 10, 2004, 118 Stat. 3610, 3613; Pub. L.
109-111, Sec. 2(d), Nov. 22, 2005, 119 Stat. 2363; Pub. L. 109-233,
title V, Sec. 502(3), June 15, 2006, 120 Stat. 415; Pub. L. 109-
361, Sec. 4, Oct. 16, 2006, 120 Stat. 2063; Pub. L. 109-444, Sec.
9(d), Dec. 21, 2006, 120 Stat. 3315; Pub. L. 109-461, title X,
Secs. 1005(d), 1006(b), Dec. 22, 2006, 120 Stat. 3467, 3468; Pub.
L. 110-324, Sec. 3(d), Sept. 24, 2008, 122 Stat. 3551; Pub. L. 111-
37, Sec. 3(d), June 30, 2009, 123 Stat. 1929; Pub. L. 111-275,
title VI, Sec. 602, Oct. 13, 2010, 124 Stat. 2884.)
-REFTEXT-
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (f)(4), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is
classified generally to subchapter II (Sec. 401 et seq.) of chapter
7 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see section 1305 of Title
42 and Tables.
-MISC1-
AMENDMENTS
2010 - Subsec. (f)(1). Pub. L. 111-275, Sec. 602(1), inserted
"(as increased from time to time under paragraph (4))" after
"$250".
Subsec. (f)(4), (5). Pub. L. 111-275, Sec. 602(2), (3), added
par. (4) and redesignated former par. (4) as (5).
2009 - Subsec. (a)(1). Pub. L. 111-37, Sec. 3(d)(1)(A),
substituted "$1,154" for "$1,091".
Subsec. (a)(2). Pub. L. 111-37, Sec. 3(d)(1)(B), substituted
"$246" for "$233".
Subsec. (a)(3). Pub. L. 111-37, Sec. 3(d)(2), generally upgraded
monthly rates for all pay grades, in footnote 1, substituted
"$1,419" for "$1,342", and, in footnote 2, substituted "$2,643" for
"$2,499".
Subsecs. (b), (c). Pub. L. 111-37, Sec. 3(d)(3)(A), (B),
substituted "$286" for "$271".
Subsec. (d). Pub. L. 111-37, Sec. 3(d)(3)(C), substituted "$135"
for "$128".
2008 - Subsec. (a)(1). Pub. L. 110-324, Sec. 3(d)(1)(A),
substituted "$1,091" for "$1,067".
Subsec. (a)(2). Pub. L. 110-324, Sec. 3(d)(1)(B), substituted
"$233" for "$228".
Subsec. (a)(3). Pub. L. 110-324, Sec. 3(d)(2), generally upgraded
monthly rates for all pay grades, in footnote 1, substituted
"sergeant major of the Army, senior enlisted advisor of the Navy,
chief master sergeant of the Air Force, sergeant major of the
Marine Corps, or master chief petty officer of the Coast Guard,"
for "Sergeant Major of the Army, Senior Enlisted Advisor of the
Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the
Marine Corps, or Master Chief Petty Officer of the Coast Guard,"
and "$1,342" for "$1,312", and, in footnote 2, substituted "Vice-
Chairman" for "Vice Chairman" and "$2,499" for "$2,443".
Subsecs. (b), (c). Pub. L. 110-324, Sec. 3(d)(3)(A), (B),
substituted "$271" for "$265".
Subsec. (d). Pub. L. 110-324, Sec. 3(d)(3)(C), substituted "$128"
for "$126".
2006 - Pub. L. 109-461, Sec. 1006(b), provided that as of the
enactment of Pub. L. 109-461, the amendments made by Pub. L. 109-
444 were deemed for all purposes not to have taken effect and that
Pub. L. 109-444 ceased to be in effect. See Amendment notes below
and section 1006(b) of Pub. L. 109-461, set out as a Coordination
of Provisions With Pub. L. 109-444 note under section 101 of this
title.
Subsec. (a)(1). Pub. L. 109-461, Sec. 1005(d)(1)(A), substituted
"$1,067" for "$1,033".
Pub. L. 109-444, Sec. 9(d)(1)(A), which substituted "$1,067" for
"$1,033", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (a)(2). Pub. L. 109-461, Sec. 1005(d)(1)(B), substituted
"$228" for "$221".
Pub. L. 109-444, Sec. 9(d)(1)(B), which substituted "$228" for
"$221", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (a)(3). Pub. L. 109-461, Sec. 1005(d)(2), generally
upgraded monthly rates for all pay grades, in footnote 1,
substituted "Sergeant Major of the Army, Senior Enlisted Advisor of
the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of
the Marine Corps, or Master Chief Petty Officer of the Coast Guard"
for "sergeant major of the Army, senior enlisted advisor of the
Navy, chief master sergeant of the Air Force, sergeant major of the
Marine Corps, or master chief petty officer of the Coast Guard" and
"$1,312" for "$1,271", and, in footnote 2, substituted "$2,443" for
"$2,365".
Pub. L. 109-444, Sec. 9(d)(2), which generally upgraded monthly
rates for all pay grades, in footnote 1, substituted "Sergeant
Major of the Army, Senior Enlisted Advisor of the Navy, Chief
Master Sergeant of the Air Force, Sergeant Major of the Marine
Corps, or Master Chief Petty Officer of the Coast Guard" for
"sergeant major of the Army, senior enlisted advisor of the Navy,
chief master sergeant of the Air Force, sergeant major of the
Marine Corps, or master chief petty officer of the Coast Guard" and
"$1,312" for "$1,271", and, in footnote 2, substituted "$2,443" for
"$2,365", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (b). Pub. L. 109-461, Sec. 1005(d)(3)(A), substituted
"$265" for "$257".
Pub. L. 109-444, Sec. 9(d)(3)(A), which substituted "$265" for
"$257", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (c). Pub. L. 109-461, Sec. 1005(d)(3)(B), substituted
"$265" for "$257".
Pub. L. 109-444, Sec. 9(d)(3)(B), which substituted "$265" for
"$257", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (c)(2). Pub. L. 109-233 substituted "blind, or so nearly
blind or significantly disabled as to" for "helpless or blind, or
so nearly helpless or blind as to".
Subsec. (d). Pub. L. 109-461, Sec. 1005(d)(3)(C), substituted
"$126" for "$122".
Pub. L. 109-444, Sec. 9(d)(3)(C), which substituted "$126" for
"$122", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsecs. (e), (f). Pub. L. 109-361 redesignated subsec. (e)
relating to increased dependency and indemnity compensation as (f).
2005 - Subsec. (a)(1). Pub. L. 109-111, Sec. 2(d)(1)(A),
substituted "$1,033" for "$967".
Subsec. (a)(2). Pub. L. 109-111, Sec. 2(d)(1)(B), substituted
"$221" for "$208".
Subsec. (a)(3). Pub. L. 109-111, Sec. 2(d)(2), generally upgraded
monthly rates for all pay grades, in footnote 1, substituted
"$1,271" for "$1,189", and, in footnote 2, substituted "$2,365" for
"$2,213".
Subsec. (b). Pub. L. 109-111, Sec. 2(d)(3)(A), substituted "$257"
for "$241".
Subsec. (c). Pub. L. 109-111, Sec. 2(d)(3)(B), substituted "$257"
for "$241".
Subsec. (d). Pub. L. 109-111, Sec. 2(d)(3)(C), substituted "$122"
for "$115".
2004 - Subsec. (a)(1). Pub. L. 108-454, Sec. 307(d)(1)(A),
substituted "$967" for "$948".
Subsec. (a)(2). Pub. L. 108-454, Sec. 307(d)(1)(B), substituted
"$208" for "$204".
Subsec. (a)(3). Pub. L. 108-454, Sec. 307(d)(2), generally
upgraded monthly rates for all pay grades, in footnote 1,
substituted "$1,189" for "$1,165", and, in footnote 2, substituted
"$2,213" for "$2,168".
Subsec. (b). Pub. L. 108-454, Sec. 307(d)(3), substituted "$241"
for "$237".
Subsec. (c). Pub. L. 108-454, Sec. 307(d)(4), substituted "$241"
for "$237".
Subsec. (d). Pub. L. 108-454, Sec. 307(d)(5), substituted "$115"
for "$113".
Subsec. (e). Pub. L. 108-454, Sec. 301(a), added subsec. (e)
relating to increased dependency and indemnity compensation.
2003 - Subsec. (e). Pub. L. 108-183 added subsec. (e).
2002 - Subsec. (a)(1). Pub. L. 107-330, Sec. 309(d)(1)(A),
substituted "$948" for "$935".
Subsec. (a)(2). Pub. L. 107-330, Sec. 309(d)(1)(B), substituted
"$204" for "$202".
Subsec. (a)(3). Pub. L. 107-330, Sec. 309(d)(2), generally
upgraded monthly rates for all pay grades, in footnote 1,
substituted "sergeant major of the Army, senior enlisted advisor of
the Navy, chief master sergeant of the Air Force, sergeant major of
the Marine Corps, or master chief petty officer of the Coast Guard"
for "Sergeant Major of the Army, Senior Enlisted Advisor of the
Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the
Marine Corps, or Master Chief Petty Officer of the Coast Guard" and
"$1,165" for "$1,149", and, in footnote 2, substituted "$2,168" for
"$2,139".
Subsec. (b). Pub. L. 107-330, Sec. 309(d)(3), substituted "$237"
for "$234".
Subsec. (c). Pub. L. 107-330, Sec. 309(d)(4), substituted "$237"
for "$234".
Subsec. (d). Pub. L. 107-330, Sec. 309(d)(5), substituted "$113"
for "$112".
2001 - Subsec. (a)(1). Pub. L. 107-94, Sec. 5(a)(1), substituted
"$935" for "$881".
Subsec. (a)(2). Pub. L. 107-94, Sec. 5(a)(2), substituted "$202"
for "$191".
Subsec. (a)(3). Pub. L. 107-94, Sec. 5(b), generally upgraded
monthly rates for all pay grades, in footnote 1, substituted
"Sergeant Major of the Army, Senior Enlisted Advisor of the Navy,
Chief Master Sergeant of the Air Force, Sergeant Major of the
Marine Corps, or Master Chief Petty Officer" for "sergeant major of
the Army, senior enlisted advisor of the Navy, chief master
sergeant of the Air Force, sergeant major of the Marine Corps, or
master chief petty officer" and "$1,149" for "$1,082", and, in
footnote 2, substituted "$2,139" for "$2,013".
Subsec. (b). Pub. L. 107-94, Sec. 5(c), substituted "$234" for
"$222".
Subsec. (c). Pub. L. 107-94, Sec. 5(d), substituted "$234" for
"$222".
Subsec. (d). Pub. L. 107-94, Sec. 5(e), substituted "$112" for
"$107".
1999 - Subsec. (a)(1). Pub. L. 106-118, Sec. 5(a)(1), substituted
"$881" for "$850".
Subsec. (a)(2). Pub. L. 106-118, Sec. 5(a)(2), substituted "$191"
for "$185".
Subsec. (a)(3). Pub. L. 106-118, Sec. 5(b), generally upgraded
monthly rates for all pay grades, substituted "section 1302 of this
title" for "section 402 of this title" and "$1,082" for "$1,044" in
footnote 1, and substituted "section 1302 of this title" for
"section 402 of this title" and "$2,013" for "$1,941" in footnote
2.
Subsecs. (b), (c). Pub. L. 106-118, Sec. 5(c), (d), substituted
"$222" for "$215".
Subsec. (d). Pub. L. 106-118, Sec. 5(e), substituted "$107" for
"$104".
Pub. L. 106-117 struck out subsec. (e) which provided that the
termination by death, divorce, or annulment of the remarriage of
the surviving spouse of a veteran or cessation of a surviving
spouse living with another person would not bar the furnishing of
dependency or indemnity compensation in the absence of fraud.
1998 - Subsec. (e). Pub. L. 105-178 added subsec. (e).
1997 - Subsec. (a)(1). Pub. L. 105-98, Sec. 5(a)(1), substituted
"$850" for "$769".
Subsec. (a)(2). Pub. L. 105-98, Sec. 5(a)(2), substituted "$185"
for "$169".
Subsec. (a)(3). Pub. L. 105-98, Sec. 5(b), inserted table entries
for pay grades E-1 to E-6, generally upgraded monthly rates in
table for pay grades E-7 to E-9, W-1 to W-4, and O-1 to O-10,
substituted "section 402 of this title" for "section 1302 of this
title" and "$1,044" for "$943" in footnote 1, and substituted
"section 402 of this title" for "section 1302 of this title" and
"$1,941" for "$1,753" in footnote 2.
Subsec. (b). Pub. L. 105-98, Sec. 5(c), substituted "$215 for
each such child." for "$100 for each such child during fiscal year
1993, $150 for each such child during fiscal year 1994, and $200
for each such child thereafter."
Subsec. (c). Pub. L. 105-98, Sec. 5(d), substituted "$215" for
"$195".
Subsec. (d). Pub. L. 105-98, Sec. 5(e), substituted "$104" for
"$95".
1993 - Subsec. (a)(1). Pub. L. 103-140, Sec. 5(1), substituted
"$769" for "$750".
Subsec. (a)(2). Pub. L. 103-140, Sec. 5(2), substituted "$169"
for "$165".
Subsec. (a)(3). Pub. L. 103-140, Sec. 5(3), generally upgraded
monthly rates in table for pay grades E-7 to E-9, W-1 to W-4, and O-
1 to O-10, struck out table entries for pay grades E-1 to E-6, and
substituted "$943" for "$934" in footnote 1 and "section 1302" for
"section 402" and "$1,753" for "$1,744" in footnote 2.
Pub. L. 103-78, Sec. 4(1), generally upgraded monthly rates for
all pay grades in table.
Subsec. (c). Pub. L. 103-140, Sec. 5(4), substituted "$195" for
"$191".
Pub. L. 103-78, Sec. 4(2), substituted "$191" for "$185".
Subsec. (d). Pub. L. 103-140, Sec. 5(5), substituted "$95" for
"$93".
Pub. L. 103-78, Sec. 4(3), substituted "$93" for "$90".
1992 - Subsec. (a). Pub. L. 102-568, Sec. 102(a), added pars. (1)
to (3) before table and struck out former provision before table
which read as follows: "Dependency and indemnity compensation shall
be paid to a surviving spouse, based on the pay grade of the person
upon whose death entitlement is predicated, at monthly rates set
forth in the following table:".
Subsec. (b). Pub. L. 102-568, Sec. 102(b), substituted "$100 for
each such child during fiscal year 1993, $150 for each such child
during fiscal year 1994, and $200 for each such child thereafter"
for "$71 for each such child".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 411 of this
title as this section.
Subsec. (a). Pub. L. 102-152, Sec. 5(1), generally upgraded
monthly rates for all pay grades.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1302" for "402" in
footnotes 1 and 2.
Pub. L. 102-3, Sec. 5(1), generally upgraded monthly rates for
all pay grades.
Subsec. (b). Pub. L. 102-152, Sec. 5(2), substituted "$71" for
"$68".
Pub. L. 102-3, Sec. 5(2), substituted "$68" for "$65".
Subsec. (c). Pub. L. 102-152, Sec. 5(3), substituted "$185" for
"$178".
Pub. L. 102-3, Sec. 5(3), substituted "$178" for "$169".
Subsec. (d). Pub. L. 102-152, Sec. 5(4), substituted "$90" for
"$87".
Pub. L. 102-3, Sec. 5(4), substituted "$87" for "$83".
1989 - Subsec. (a). Pub. L. 101-237, Sec. 104(1), generally
upgraded monthly rates for all pay grades.
Subsec. (b). Pub. L. 101-237, Sec. 104(2), substituted "$65" for
"$62".
Subsec. (c). Pub. L. 101-237, Sec. 104(3), substituted "$169" for
"$161".
Subsec. (d). Pub. L. 101-237, Sec. 104(4), substituted "$83" for
"$79".
1988 - Subsec. (a). Pub. L. 100-687, Sec. 1104(1), generally
upgraded monthly rates for all pay grades.
Subsec. (b). Pub. L. 100-687, Sec. 1104(2), substituted "$62" for
"$60".
Subsec. (c). Pub. L. 100-687, Sec. 1104(3), substituted "$161"
for "$155".
Subsec. (d). Pub. L. 100-687, Sec. 1104(4), substituted "$79" for
"$76".
1987 - Subsec. (a). Pub. L. 100-227, Sec. 104(1), generally
upgraded monthly rates for all pay grades.
Pub. L. 100-180 inserted "or Vice Chairman" in footnote 2 after
table.
Subsec. (b). Pub. L. 100-227, Sec. 104(2), substituted "$60" for
"$58".
Subsec. (c). Pub. L. 100-227, Sec. 104(3), substituted "$155" for
"$149".
Subsec. (d). Pub. L. 100-227, Sec. 104(4), substituted "$76" for
"$73".
1986 - Subsec. (a). Pub. L. 99-576, Sec. 104(1), generally
upgraded monthly rates for all pay grades.
Pub. L. 99-238, Sec. 104(1), generally upgraded monthly rates for
all pay grades.
Subsec. (b). Pub. L. 99-576, Sec. 104(2), substituted "$58" for
"$57".
Pub. L. 99-238, Sec. 104(2), substituted "$57" for "$55".
Subsec. (c). Pub. L. 99-576, Sec. 104(3), substituted "$149" for
"$147".
Pub. L. 99-238, Sec. 104(3), substituted "$147" for "$143".
Subsec. (d). Pub. L. 99-576, Sec. 104(4), substituted "$73" for
"$72".
Pub. L. 99-238, Sec. 104(4), substituted "$72" for "$70".
1984 - Subsec. (a). Pub. L. 98-543, Sec. 104(a), generally
upgraded monthly rates for all pay grades.
Pub. L. 98-223, Sec. 104(a), generally upgraded monthly rates for
all pay grades.
Subsec. (b). Pub. L. 98-543, Sec. 104(b), substituted "$55" for
"$53".
Pub. L. 98-223, Sec. 104(b), substituted "$53" for "$51".
Subsec. (c). Pub. L. 98-543, Sec. 104(c), substituted "$143" for
"$139".
Pub. L. 98-223, Sec. 104(c), substituted "$139" for "$134".
Subsec. (d). Pub. L. 98-543, Sec. 104(d), substituted "$70" for
"$68".
Pub. L. 98-223, Sec. 104(d), substituted "$68" for "$66".
1982 - Subsec. (a). Pub. L. 97-306, Secs. 104(a), 107, 108,
generally upgraded monthly rates for all pay grades, and repealed
amendments made by Pub. L. 97-253, Sec. 405(e)(1), eff. Oct. 1,
1982.
Pub. L. 97-253, Sec. 405(e)(1), (h), eff. Jan. 1, 1983, lowered
monthly rates for all grades and for positions mentioned in
footnotes by $1, except for grades E-3 through E-7.
Subsec. (b). Pub. L. 97-306, Secs. 104(b), 107, 108, substituted
"$51" for "$48", and repealed amendment made by Pub. L. 97-253,
Sec. 405(e)(2), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(e)(2), (h), eff. Jan. 1, 1983,
substituted "$47" for "$48" after "shall be increased by".
Subsec. (c). Pub. L. 97-306, Secs. 104(c), 107, 108, substituted
"$134" for "$125", and repealed amendment made by Pub. L. 97-253,
Sec. 405(e)(3), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(e)(3), (h), eff. Jan. 1, 1983,
substituted "$124" for "$125".
Subsec. (d). Pub. L. 97-306, Secs. 104(d), 107, 108, substituted
"$66" for "$62", and repealed amendment made by Pub. L. 97-253,
Sec. 405(e)(4), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(e)(4), (h), eff. Jan. 1, 1983,
substituted "$61" for "$62" after "shall be increased by".
1981 - Subsec. (a). Pub. L. 97-66, Sec. 201(a), generally
upgraded monthly rates for all pay grades.
Subsec. (b). Pub. L. 97-66, Sec. 201(b), increased from $43 to
$48 monthly dependency and indemnity compensation rate for each
child.
Subsec. (c). Pub. L. 97-66, Sec. 201(c), increased monthly rate
of compensation from $112 to $125.
Subsec. (d). Pub. L. 97-66, Sec. 201(d), increased monthly rate
of compensation from $56 to $62.
1980 - Subsec. (a). Pub. L. 96-385, Sec. 201(a), generally
upgraded monthly rates for all pay grades.
Subsec. (b). Pub. L. 96-385, Sec. 201(b), increased from $38 to
$43 monthly dependency and indemnity compensation rate for each
child.
Subsec. (c). Pub. L. 96-385, Sec. 201(c), increased monthly rate
of compensation from $98 to $112.
Subsec. (d). Pub. L. 96-385, Sec. 201(d), increased monthly rate
of compensation from $49 to $56.
1979 - Subsec. (a). Pub. L. 96-128, Sec. 201(a), generally
upgraded monthly rates for all pay grades.
Subsec. (b). Pub. L. 96-128, Sec. 201(b), increased from $35 to
$38 monthly dependency and indemnity compensation rate for each
child.
Subsec. (c). Pub. L. 96-128, Sec. 201(c), increased monthly rate
of compensation from $89 to $98.
Subsec. (d). Pub. L. 96-128, Sec. 201(d), increased monthly rate
from $45 to $49.
1978 - Subsec. (a). Pub. L. 95-479, Sec. 201(a), generally
upgraded monthly rates for all pay grades.
Subsec. (b). Pub. L. 95-479, Sec. 201(b), increased from $33 to
$35 monthly dependency and indemnity compensation rate for each
child.
Subsec. (c). Pub. L. 95-479, Sec. 201(c), increased monthly rate
of compensation from $83 to $89.
Subsec. (d). Pub. L. 95-479, Sec. 201(d), added subsec. (d).
1977 - Subsec. (a). Pub. L. 95-117 generally upgraded monthly
rates for all pay grades.
Subsec. (b). Pub. L. 95-117 increased from $31 to $33 monthly
dependency and indemnity compensation rate for each child.
Subsec. (c). Pub. L. 95-117 increased monthly rate of
compensation payable to a surviving spouse from $78 to $83.
1976 - Pub. L. 94-433 substituted "surviving spouse" for "widow"
in section catchline.
Subsec. (a). Pub. L. 94-433 substituted "surviving spouse" for
"widow" and "pay grade of the person upon whose death entitlement
is predicated" for "pay grade of her deceased husband" in text and
"surviving spouse's rate" for "widow's rate" in footnotes 1 and 2
and generally upgraded monthly rates for all pay grades.
Subsec. (b). Pub. L. 94-433 substituted "surviving spouse" for
"widow" in two places and increased from $29 to $31 monthly
dependency and indemnity compensation rate for each child.
Subsec. (c). Pub. L. 94-433 substituted "surviving spouse" and
"spouse" for "widow" and "she" and increased monthly rate of
compensation payable from $72 to $78.
1975 - Subsec. (a). Pub. L. 94-71 generally upgraded monthly
rates for all pay grades.
Subsec. (b). Pub. L. 94-71 increased from $26 to $29 monthly
dependency and indemnity compensation rate for each child.
Subsec. (c). Pub. L. 94-71 increased monthly rate of compensation
payable to a widow from $64 to $72.
1974 - Subsec. (a). Pub. L. 93-295 generally upgraded monthly
rates for all pay grades.
Subsec. (b). Pub. L. 93-295 increased from $22 to $26 monthly
dependency and indemnity compensation rate for each child.
Subsec. (c). Pub. L. 93-295 increased monthly rate of
compensation payable to the widow from $55 to $64.
1972 - Subsec. (a). Pub. L. 92-455 substituted in footnote 1 of
table "chief master sergeant of the Air Force, sergeant major of
the Marine Corps, or master chief petty officer of the Coast
Guard," for "chief master sergeant of the Air Force, or sergeant
major of the Marine Corps,".
1971 - Subsec. (a). Pub. L. 92-197 generally upgraded monthly
rate for all pay grades.
Subsec. (b). Pub. L. 92-197 increased dependency and indemnity
compensation rate by $22 per month for each child from $20.
Subsec. (c). Pub. L. 92-197 reenacted subsec. (c) without change.
1970 - Subsec. (c). Pub. L. 91-588 substituted "$55" for "$50".
1969 - Subsec. (a). Pub. L. 91-96 substituted provisions setting
forth dependency and indemnity compensation table based on the pay
grade of the deceased husband for provisions that dependency and
indemnity compensation was to be paid at a monthly rate equal to
$120 plus 12 per centum of basic pay of the deceased husband.
Subsec. (b). Pub. L. 91-96 substituted provisions which increased
dependency and indemnity compensation rate by $20 per month for
each child below the age of eighteen of a deceased veteran for
provisions which increased dependency and indemnity compensation
rate by $28 per month for each child of a deceased veteran in
excess of one where there was a widow and two or more children
below the age of eighteen and the total of monthly benefits they
were receiving was less than a determined amount.
Subsec. (c). Pub. L. 91-96 substituted provisions increasing
dependency and indemnity compensation rate by $50 per month for
widows that are patients in nursing homes, or are helpless or blind
for provisions authorizing Administrator to increase to next
highest dollar any fraction of a dollar payable under former
subsecs. (a) and (b).
Subsecs. (d) to (f). Pub. L. 91-96 struck out subsecs. (d) to (f)
which provided for determination of amount of additional
compensation payable to a widow under former provisions of subsec.
(b).
Subsec. (d)(3). Pub. L. 91-24 substituted "section 228c-1(h)" for
"section 228c-1(i)".
1963 - Subsec. (a). Pub. L. 88-134 increased from $112 to $120
the monthly rate of widow's dependency and indemnity compensation.
Subsec. (b). Pub. L. 88-21 substituted "$28" for "$25".
1961 - Subsec. (d)(1). Pub. L. 87-268 substituted "section
412(a)" for "section 412".
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111-37 effective Dec. 1, 2008, see section
3(g) of Pub. L. 111-37, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110-324 effective Dec. 1, 2007, see section
3(f) of Pub. L. 110-324, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by Pub. L. 109-111 effective Dec. 1, 2005, see section
2(f) of Pub. L. 109-111, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108-454, title III, Sec. 301(b), Dec. 10, 2004, 118 Stat.
3610, provided that: "Subsection (e) of section 1311 of title 38,
United States Code, as added by subsection (a), shall take effect
with respect to payments for the first month beginning after the
date of the enactment of this Act [Dec. 10, 2004]."
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-183 effective Jan. 1, 2004, see section
101(c) of Pub. L. 108-183, set out as a note under section 103 of
this title.
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107-94 effective Dec. 1, 2001, see section 7
of Pub. L. 107-94, set out as a note under section 1114 of this
title.
EFFECTIVE DATE OF 1999 AMENDMENTS
Amendment by Pub. L. 106-118 effective Dec. 1, 1999, see section
7 of Pub. L. 106-118, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 106-117 effective on first day of first
month beginning after Nov. 1999, see section 502(c) of Pub. L. 106-
117, set out as a note under section 103 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-178, title VIII, Sec. 8207(b), June 9, 1998, 112
Stat. 495, provided that: "No payment may be made by reason of
section 1311(e) of title 38, United States Code, as added by
subsection (a) [amending this section], for any month before
October 1998."
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 1992 AMENDMENT
Section 102(c) of Pub. L. 102-568 provided that: "The amendments
made by this section [amending this section] shall take effect on
January 1, 1993."
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 AMENDMENT
Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section
108 of Pub. L. 97-306, set out as a note under section 1114 of this
title.
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
1101 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 1971 AMENDMENT
Section 10 of Pub. L. 92-197 provided that: "This Act [amending
this section and sections 321, 322, 341, 413 to 415, 417 and 724
[now 1121, 1122, 1141, 1313 to 1315, 1317, and 1924] of this title
and enacting provisions set out as note under section 1317 of this
title] shall take effect on January 1, 1972."
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.
EFFECTIVE DATE OF 1963 AMENDMENTS
Section 2 of Pub. L. 88-134 provided that: "The amendment made by
this Act [amending this section] shall take effect on the effective
date of the Uniformed Services Pay Act of 1963 [effective Oct. 1,
1963; see Short Title note set out under section 201 of Title 37,
Pay and Allowances of the Uniformed Services] or on January 1,
1964, whichever first occurs."
Section 5 of Pub. L. 88-21 provided that: "The amendments made by
this Act [amending this section and sections 413 to 415 [now 1313
to 1315] of this title] shall take effect on the first day of the
second calendar month which begins after the date of enactment of
this Act [May 15, 1963]."
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.
REPEAL
Section 405(e) of Pub. L. 97-253, cited as a credit to this
section, was repealed by Pub. L. 97-306, Secs. 107, 108, Oct. 14,
1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982.
SAVINGS PROVISION
Section 13(a) of Pub. L. 88-132, Oct. 2, 1963, 77 Stat. 218,
provided that: "The enactment of this Act [see Short Title note
under section 201 of Title 37, Pay and Allowances of the Uniformed
Services] does not reduce the rate of dependency and indemnity
compensation under section 411 [now 1311] of title 38, United
States Code, that any person was receiving on the day before the
effective date of this Act [Oct. 1, 1963] or which thereafter
becomes payable for that day by reason of a subsequent
determination."
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-MISC2-
RETROACTIVE BENEFITS PROHIBITED
For provisions relating to prohibition of retroactive benefits by
reason of amendments to this section by Pub. L. 108-183, see
section 101(d) of Pub. L. 108-183, set out as a note under section
103 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.
PAYMENT FOR IMPLEMENTATION OF REVISIONS
Section 102(d) of Pub. L. 102-568 provided that: "The costs of
implementing, during fiscal years 1993 and 1994, any revisions in
the payment of dependency and indemnity compensation to surviving
spouses under section 1311 of title 38, United States Code, that
result from the amendments made by subsections (a) and (b)
[amending this section] shall be paid from amounts available to the
Department of Veterans Affairs for the payment of compensation and
pension."
-End-
-CITE-
38 USC Sec. 1312 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION
-HEAD-
Sec. 1312. Benefits in certain cases of in-service or service-
connected deaths
-STATUTE-
(a) In the case of any veteran -
(1) who dies after December 31, 1956, and is not a fully and
currently insured individual (as defined in section 214 of the
Social Security Act (42 U.S.C. 414)) at the time of such
veteran's death; and
(2) whose death occurs -
(A) while on active duty, active duty for training, or
inactive duty training; or
(B) as the result of a service-connected disability incurred
after September 15, 1940; and
(3) who leaves one or more survivors who are not entitled for
any month to monthly benefits under section 202 of the Social
Security Act (42 U.S.C. 402) on the basis of such veteran's wages
and self-employment income but who would, upon application
therefor, be entitled to such benefits if such veteran had been
fully and currently insured at the time of such veteran's death;
the Secretary shall pay for such month benefits under this section
to each such survivor in an amount equal to the amount of the
benefits which would have been paid for such month to such survivor
under title II of the Social Security Act (42 U.S.C. 401 et seq.),
if such veteran had been both fully and currently insured at the
time of such veteran's death and if such survivor had filed
application therefor on the same date on which application for
benefits under this section is filed with the Secretary.
(b) In any case where the amount of dependency and indemnity
compensation payable under this chapter to a surviving spouse who
has children is less than the amount of pension which would be
payable to (1) such surviving spouse, or (2) such children if the
surviving spouse were not entitled, under chapter 15 of this title
had the death occurred under circumstances authorizing payment of
death pension, the Secretary shall pay dependency and indemnity
compensation to such surviving spouse in an amount equal to such
amount of pension.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128, Sec. 412; Pub. L. 87-
268, Sec. 1(a), Sept. 21, 1961, 75 Stat. 566; Pub. L. 89-466, June
22, 1966, 80 Stat. 217; Pub. L. 94-433, title IV, Sec. 405(9),
Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98-223, title II, Sec.
213(2), Mar. 2, 1984, 98 Stat. 46; Pub. L. 102-54, Sec. 14(b)(3),
June 13, 1991, 105 Stat. 283; renumbered Sec. 1312 and amended Pub.
L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-
406.)
-REFTEXT-
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (a), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social
Security Act is classified generally to subchapter II (Sec. 401 et
seq.) of chapter 7 of Title 42, The Public Health and Welfare.
Sections 214 and 202 of the Social Security Act are classified to
sections 414 and 402 of Title 42, respectively. For complete
classification of this Act to the Code, see section 1305 of Title
42 and Tables.
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 412 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in two places in concluding
provisions.
Pub. L. 102-54 substituted "401" for "201" in concluding
provisions.
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
1984 - Subsec. (a). Pub. L. 98-223, Sec. 213(2), substituted
"section 214 of the Social Security Act (42 U.S.C. 414)" for
"section 414 of title 42" in par. (1), "section 202 of the Social
Security Act (42 U.S.C. 402)" for "section 402 of title 42" in par.
(3), and "title II of the Social Security Act (42 U.S.C. 201 et
seq.)" for "subchapter II of chapter 7 of title 42" in provision
following par. (3).
1976 - Subsec. (a). Pub. L. 94-433 substituted "such veteran's"
for "his" in cls. (1) and (3) and in text following cl. (3) and
"such veteran" for "he" in cl. (3).
Subsec. (b). Pub. L. 94-433 substituted "surviving spouse" for
"widow" wherever appearing.
1966 - Pub. L. 89-466 inserted "to a widow who has children", "to
(1) such widow, or (2) such children if the widow were not
entitled", and "such widow".
1961 - Pub. L. 87-268 designated existing provisions as subsec.
(a) and added subsec. (b).
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 1961 AMENDMENT
Section 3 of Pub. L. 87-268 provided that: "The amendments made
by this Act [amending this section and sections 107, 411 [now
1311], 415 [now 1315], 422 [now 1322], and 503 [now 1503] of this
title and enacting provisions set out as notes under this section]
shall take effect as of the first day of the first calendar month
which begins after the date of its enactment [Sept. 21, 1961]."
FILING OF APPLICATION FOR BENEFITS
Section 2 of Pub. L. 87-268 provided that the increased pension
benefits authorized by Pub. L. 87-268 were to be payable from the
effective date of Pub. L. 87-268 to anyone receiving dependency and
indemnity compensation on such date only if the application for
such increased benefits were filed with the Veterans'
Administration within one year from such date and evidence of
entitlement were of record or received within one year from the
date of request therefor.
-End-
-CITE-
38 USC Sec. 1313 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION
-HEAD-
Sec. 1313. Dependency and indemnity compensation to children
-STATUTE-
(a) Whenever there is no surviving spouse of a deceased veteran
entitled to dependency and indemnity compensation, dependency and
indemnity compensation shall be paid in equal shares to the
children of the deceased veteran at the following monthly rates:
(1) one child, $488;
(2) two children, $701;
(3) three children, $915; and
(4) more than three children, $915, plus $174 for each child in
excess of three.
(b) If dependency and indemnity compensation has been awarded
under this section to a veteran's child or children and the
entitlement to dependency and indemnity compensation under this
section of an additional child of that veteran who is over the age
of eighteen years and who had previously been entitled to
dependency and indemnity compensation under this section before
becoming eighteen years of age is later reestablished effective
retroactively upon determination that such child is pursuing a
course of instruction at an approved educational institution, the
amount payable retroactively to the additional child is the amount
equal to the difference between the total of the increased award
payable under this section to the children of the deceased veteran
for the retroactive period and the prior total award for such
purpose for that period.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128, Sec. 413; Pub. L. 88-
21, Sec. 2, May 15, 1963, 77 Stat. 17; Pub. L. 89-730, Sec. 4,
Nov. 2, 1966, 80 Stat. 1159; Pub. L. 91-262, Sec. 2, May 21, 1970,
84 Stat. 256; Pub. L. 92-197, Sec. 2, Dec. 15, 1971, 85 Stat. 660;
Pub. L. 93-295, title II, Sec. 202, May 31, 1974, 88 Stat. 182;
Pub. L. 94-71, title II, Sec. 202, Aug. 5, 1975, 89 Stat. 397; Pub.
L. 94-433, title II, Sec. 202, Sept. 30, 1976, 90 Stat. 1376; Pub.
L. 95-117, title II, Sec. 202, Oct. 3, 1977, 91 Stat. 1065; Pub. L.
95-479, title II, Sec. 202, Oct. 18, 1978, 92 Stat. 1563; Pub. L.
96-128, title II, Sec. 202, Nov. 28, 1979, 93 Stat. 985; Pub. L. 96-
385, title II, Sec. 202, Oct. 7, 1980, 94 Stat. 1530; Pub. L. 97-
66, title II, Secs. 202, 204(a), Oct. 17, 1981, 95 Stat. 1029;
Pub. L. 97-253, title IV, Sec. 405(f), Sept. 8, 1982, 96 Stat. 804;
Pub. L. 97-306, title I, Secs. 105, 107, Oct. 14, 1982, 96 Stat.
1431; Pub. L. 98-223, title I, Sec. 105, Mar. 2, 1984, 98 Stat. 39;
Pub. L. 98-543, title I, Sec. 105, Oct. 24, 1984, 98 Stat. 2737;
Pub. L. 99-238, title I, Sec. 105, Jan. 13, 1986, 99 Stat. 1767;
Pub. L. 99-576, title I, Sec. 105, title VII, Sec. 703(a)(1), Oct.
28, 1986, 100 Stat. 3252, 3302; Pub. L. 100-227, title I, Sec. 105,
Dec. 31, 1987, 101 Stat. 1554; Pub. L. 100-687, div. B, title XI,
Sec. 1105(a), Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101-237, title
I, Sec. 105(a), Dec. 18, 1989, 103 Stat. 2064; Pub. L. 102-3, Sec.
6(a), Feb. 6, 1991, 105 Stat. 9; renumbered Sec. 1313, Pub. L. 102-
83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-152, Sec.
6(a), Nov. 12, 1991, 105 Stat. 987; Pub. L. 103-78, Sec. 5(a), Aug.
13, 1993, 107 Stat. 768; Pub. L. 103-140, Sec. 6(a), Nov. 11, 1993,
107 Stat. 1487; Pub. L. 105-98, Sec. 6(a), Nov. 19, 1997, 111 Stat.
2157; Pub. L. 106-118, Sec. 6(a), Nov. 30, 1999, 113 Stat. 1603;
Pub. L. 107-94, Sec. 6(a), Dec. 21, 2001, 115 Stat. 902; Pub. L.
107-330, title III, Sec. 309(e)(1), Dec. 6, 2002, 116 Stat. 2831;
Pub. L. 108-454, title III, Sec. 307(e)(1), Dec. 10, 2004, 118
Stat. 3614; Pub. L. 109-111, Sec. 2(e)(1), Nov. 22, 2005, 119 Stat.
2364; Pub. L. 109-444, Sec. 9(e)(1), Dec. 21, 2006, 120 Stat. 3315;
Pub. L. 109-461, title X, Secs. 1005(e)(1), 1006(b), Dec. 22, 2006,
120 Stat. 3468; Pub. L. 110-324, Sec. 3(e)(1), Sept. 24, 2008, 122
Stat. 3552; Pub. L. 111-37, Sec. 3(e)(1), June 30, 2009, 123 Stat.
1930.)
-COD-
CODIFICATION
Amendments by section 105 of Pub. L. 99-576, section 105 of Pub.
L. 99-238, and section 105 of Pub. L. 98-223, which directed that
cls. (1) to (4) of this section be amended, were executed by
amending subsec. (a) of this section, as the probable intent of
Congress, in view of subsec. (a) containing cls. (1) to (4).
-MISC1-
AMENDMENTS
2009 - Subsec. (a)(1). Pub. L. 111-37, Sec. 3(e)(1)(A),
substituted "$488" for "$462".
Subsec. (a)(2). Pub. L. 111-37, Sec. 3(e)(1)(B), substituted
"$701" for "$663".
Subsec. (a)(3). Pub. L. 111-37, Sec. 3(e)(1)(C), substituted
"$915" for "$865".
Subsec. (a)(4). Pub. L. 111-37, Sec. 3(e)(1)(D), substituted
"$915" and "$174" for "$865" and "$165", respectively.
2008 - Subsec. (a)(1). Pub. L. 110-324, Sec. 3(e)(1)(A),
substituted "$462" for "$452".
Subsec. (a)(2). Pub. L. 110-324, Sec. 3(e)(1)(B), substituted
"$663" for "$649".
Subsec. (a)(3). Pub. L. 110-324, Sec. 3(e)(1)(C), substituted
"$865" for "$846".
Subsec. (a)(4). Pub. L. 110-324, Sec. 3(e)(1)(D), substituted
"$865" and "$165" for "$846" and "$162", respectively.
2006 - Pub. L. 109-461, Sec. 1006(b), provided that as of the
enactment of Pub. L. 109-461, the amendments made by Pub. L. 109-
444 were deemed for all purposes not to have taken effect and that
Pub. L. 109-444 ceased to be in effect. See Amendment notes below
and section 1006(b) of Pub. L. 109-461, set out as a Coordination
of Provisions With Pub. L. 109-444 note under section 101 of this
title.
Subsec. (a)(1). Pub. L. 109-461, Sec. 1005(e)(1)(A), substituted
"$452" for "$438".
Pub. L. 109-444, Sec. 9(e)(1)(A), which substituted "$452" for
"$438", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (a)(2). Pub. L. 109-461, Sec. 1005(e)(1)(B), substituted
"$649" for "$629".
Pub. L. 109-444, Sec. 9(e)(1)(B), which substituted "$649" for
"$629", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (a)(3). Pub. L. 109-461, Sec. 1005(e)(1)(C), substituted
"$846" for "$819".
Pub. L. 109-444, Sec. 9(e)(1)(C), which substituted "$846" for
"$819", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (a)(4). Pub. L. 109-461, Sec. 1005(e)(1)(D), substituted
"$846" and "$162" for "$819" and "$157", respectively.
Pub. L. 109-444, Sec. 9(e)(1)(D), which substituted "$846" and
"$162" for "$819" and "$157", respectively, was terminated by Pub.
L. 109-461, Sec. 1006(b). See Amendment notes above.
2005 - Subsec. (a)(1). Pub. L. 109-111, Sec. 2(e)(1)(A),
substituted "$438" for "$410".
Subsec. (a)(2). Pub. L. 109-111, Sec. 2(e)(1)(B), substituted
"$629" for "$590".
Subsec. (a)(3). Pub. L. 109-111, Sec. 2(e)(1)(C), substituted
"$819" for "$767".
Subsec. (a)(4). Pub. L. 109-111, Sec. 2(e)(1)(D), substituted
"$819" and "$157" for "$767" and "$148", respectively.
2004 - Subsec. (a)(1). Pub. L. 108-454, Sec. 307(e)(1)(A),
substituted "$410" for "$402".
Subsec. (a)(2). Pub. L. 108-454, Sec. 307(e)(1)(B), substituted
"$590" for "$578".
Subsec. (a)(3). Pub. L. 108-454, Sec. 307(e)(1)(C), substituted
"$767" for "$752".
Subsec. (a)(4). Pub. L. 108-454, Sec. 307(e)(1)(D), substituted
"$767" and "$148" for "$752" and "$145", respectively.
2002 - Subsec. (a)(1). Pub. L. 107-330, Sec. 309(e)(1)(A),
substituted "$402" for "$397".
Subsec. (a)(2). Pub. L. 107-330, Sec. 309(e)(1)(B), substituted
"$578" for "$571".
Subsec. (a)(3). Pub. L. 107-330, Sec. 309(e)(1)(C), substituted
"$752" for "$742".
Subsec. (a)(4). Pub. L. 107-330, Sec. 309(e)(1)(D), substituted
"$752" and "$145" for "$742" and "$143", respectively.
2001 - Subsec. (a)(1). Pub. L. 107-94, Sec. 6(a)(1), substituted
"$397" for "$373".
Subsec. (a)(2). Pub. L. 107-94, Sec. 6(a)(2), substituted "$571"
for "$538".
Subsec. (a)(3). Pub. L. 107-94, Sec. 6(a)(3), substituted "$742"
for "$699".
Subsec. (a)(4). Pub. L. 107-94, Sec. 6(a)(4), substituted "$742"
and "$143" for "$699" and "$136", respectively.
1999 - Subsec. (a)(1). Pub. L. 106-118, Sec. 6(a)(1), substituted
"$373" for "$361".
Subsec. (a)(2). Pub. L. 106-118, Sec. 6(a)(2), substituted "$538"
for "$520".
Subsec. (a)(3). Pub. L. 106-118, Sec. 6(a)(3), substituted "$699"
for "$675".
Subsec. (a)(4). Pub. L. 106-118, Sec. 6(a)(4), substituted "$699"
and "$136" for "$675" and "$132", respectively.
1997 - Subsec. (a)(1). Pub. L. 105-98, Sec. 6(a)(1), substituted
"$361" for "$327".
Subsec. (a)(2). Pub. L. 105-98, Sec. 6(a)(2), substituted "$520"
for "$471".
Subsec. (a)(3). Pub. L. 105-98, Sec. 6(a)(3), substituted "$675"
for "$610".
Subsec. (a)(4). Pub. L. 105-98, Sec. 6(a)(4), substituted "$675"
and "$132" for "$610" and "$120", respectively.
1993 - Subsec. (a)(1). Pub. L. 103-140, Sec. 6(a)(1), substituted
"$327" for "$319".
Pub. L. 103-78, Sec. 5(a)(1), substituted "$319" for "$310".
Subsec. (a)(2). Pub. L. 103-140, Sec. 6(a)(2), substituted "$471"
for "$460".
Pub. L. 103-78, Sec. 5(a)(2), substituted "$460" for "$447".
Subsec. (a)(3). Pub. L. 103-140, Sec. 6(a)(3), substituted "$610"
for "$595".
Pub. L. 103-78, Sec. 5(a)(3), substituted "$595" for "$578".
Subsec. (a)(4). Pub. L. 103-140, Sec. 6(a)(4), substituted "$610"
for "$595" and "$120" for "$117".
Pub. L. 103-78, Sec. 5(a)(4), substituted "$595" for "$578" and
"$117" for "$114".
1991 - Pub. L. 102-83 renumbered section 413 of this title as
this section.
Subsec. (a)(1). Pub. L. 102-152, Sec. 6(a)(1), substituted "$310"
for "$299".
Pub. L. 102-3, Sec. 6(a)(1), substituted "$299" for "$284".
Subsec. (a)(2). Pub. L. 102-152, Sec. 6(a)(2), substituted "$447"
for "$431".
Pub. L. 102-3, Sec. 6(a)(2), substituted "$431" for "$409".
Subsec. (a)(3). Pub. L. 102-152, Sec. 6(a)(3), substituted "$578"
for "$557".
Pub. L. 102-3, Sec. 6(a)(3), substituted "$557" for "$529".
Subsec. (a)(4). Pub. L. 102-152, Sec. 6(a)(4), substituted "$578"
for "$557" and "$114" for "$110".
Pub. L. 102-3, Sec. 6(a)(4), substituted "$557" for "$529" and
"$110" for "$105".
1989 - Subsec. (a)(1). Pub. L. 101-237, Sec. 105(a)(1),
substituted "$284" for "$271".
Subsec. (a)(2). Pub. L. 101-237, Sec. 105(a)(2), substituted
"$409" for "$391".
Subsec. (a)(3). Pub. L. 101-237, Sec. 105(a)(3), substituted
"$529" for "$505".
Subsec. (a)(4). Pub. L. 101-237, Sec. 105(a)(4), substituted
"$529" and "$105" for "$505" and "$100", respectively.
1988 - Subsec. (a)(1). Pub. L. 100-687, Sec. 1105(a)(1),
substituted "$271" for "$261".
Subsec. (a)(2). Pub. L. 100-687, Sec. 1105(a)(2), substituted
"$391" for "$376".
Subsec. (a)(3). Pub. L. 100-687, Sec. 1105(a)(3), substituted
"$505" for "$486".
Subsec. (a)(4). Pub. L. 100-687, Sec. 1105(a)(4), substituted
"$505" and "$100" for "$486" and "$97", respectively.
1987 - Subsec. (a)(1). Pub. L. 100-227, Sec. 105(1), substituted
"$261" for "$251".
Subsec. (a)(2). Pub. L. 100-227, Sec. 105(2), substituted "$376"
for "$361".
Subsec. (a)(3). Pub. L. 100-227, Sec. 105(3), substituted "$486"
for "$467".
Subsec. (a)(4). Pub. L. 100-227, Sec. 105(4), substituted "$486"
and "$97" for "$467" and "$94", respectively.
1986 - Subsec. (a). Pub. L. 99-576, Sec. 703(a)(1), amended
directory language of Pub. L. 98-543, Sec. 105. See 1984 Amendment
notes below.
Subsec. (a)(1). Pub. L. 99-576, Sec. 105(1), substituted "$251"
for "$247".
Pub. L. 99-238, Sec. 105(1), substituted "$247" for "$240".
Subsec. (a)(2). Pub. L. 99-576, Sec. 105(2), substituted "$361"
for "$356".
Pub. L. 99-238, Sec. 105(2), substituted "$356" for "$345".
Subsec. (a)(3). Pub. L. 99-576, Sec. 105(3), substituted "$467"
for "$460".
Pub. L. 99-238, Sec. 105(3), substituted "$460" for "$446".
Subsec. (a)(4). Pub. L. 99-576, Sec. 105(4), substituted "$467"
and "$94" for "$460" and "$93", respectively.
Pub. L. 99-238, Sec. 105(4), substituted "$460" and "$93" for
"$446" and "$90", respectively.
1984 - Subsec. (a)(1). Pub. L. 98-543, Sec. 105(1), as amended by
Pub. L. 99-576, Sec. 703(a), substituted "$240" for "$233".
Pub. L. 98-223, Sec. 105(1), substituted "$233" for "$225".
Subsec. (a)(2). Pub. L. 98-543, Sec. 105(2), as amended by Pub.
L. 99-576, Sec. 703(a), substituted "$345" for "$334".
Pub. L. 98-223, Sec. 105(2), substituted "$334" for "$323".
Subsec. (a)(3). Pub. L. 98-543, Sec. 105(3), as amended by Pub.
L. 99-576, Sec. 703(a), substituted "$446" for "$432".
Pub. L. 98-223, Sec. 105(3), substituted "$432" for "$417".
Subsec. (a)(4). Pub. L. 98-543, Sec. 105(4), as amended by Pub.
L. 99-576, Sec. 703(a), substituted "$446" and "$90" for "$432" and
"$87", respectively.
Pub. L. 98-223, Sec. 105(4), substituted "$432" and "$87" for
"$417" and "$84", respectively.
1982 - Subsec. (a)(1). Pub. L. 97-306, Secs. 105(1), 107, 108,
substituted "$225" for "$210", and repealed amendment made by Pub.
L. 97-253, Sec. 405(f)(1), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(f)(1), (h), eff. Jan. 1, 1983,
substituted "$209" for "$210".
Subsec. (a)(2). Pub. L. 97-306, Secs. 105(2), 107, 108,
substituted "$323" for "$301", and repealed amendment made by Pub.
L. 97-253, Sec. 405(f)(2), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(f)(2), (h), eff. Jan. 1, 1983,
substituted "$300" for "$301".
Subsec. (a)(3). Pub. L. 97-306, Secs. 105(3), 107, 108,
substituted "$417" for "$389", and repealed amendment made by Pub.
L. 97-253, Sec. 405(f)(3), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(f)(3), (h), eff. Jan. 1, 1983,
substituted "$388" for "$389".
Subsec. (a)(4). Pub. L. 97-306, Secs. 105(4), 107, 108,
substituted "$417, plus $84" for "$389, plus $79", and repealed
amendments made by Pub. L. 97-253, Sec. 405(f)(4), eff. Oct. 1,
1982.
Pub. L. 97-253, Sec. 405(f)(4), (h), eff. Jan. 1, 1983,
substituted "$388, plus $78" for "$389, plus $79".
1981 - Pub. L. 97-66, Secs. 202, 204(a), designated existing
provisions as subsec. (a) and, in subsec. (a) as so designated,
substituted "$210", "$301", "$389", and "$79" for "$189", "$271",
"$350", and "$71", respectively, in pars. (1), (2), (3), and (4).
Subsec. (b). Pub. L. 97-66, Sec. 204(a), added subsec. (b).
1980 - Pub. L. 96-385 substituted "$189", "$271", "$350", "$350"
and "$71" for "$165", "$237", "$306", "$306" and "$62",
respectively, in pars. (1), (2), (3), and (4).
1979 - Pub. L. 96-128 substituted "$165", "$237", "$306", "$306"
and "$62" for "$150", "$216", "$278", "278" and "$56", in pars.
(1), (2), (3), and (4), respectively.
1978 - Pub. L. 95-479 substituted "$150", "$216", "$278", "$278"
and "$56" for "$140", "$201", "$259", "$259" and "$52", in pars.
(1), (2), (3), and (4), respectively.
1977 - Pub. L. 95-117 substituted "$140", "$201", "$259", "$259",
and "$52" for "$131", "$189", "$243", "$243", and "$49", in pars.
(1), (2), (3), and (4), respectively.
1976 - Pub. L. 94-433 substituted "surviving spouse" for "widow"
in introductory text and $131, $189, $243, $243, and $49 for $121,
$175, $225, $225, and $45 in pars. (1), (2), (3), and (4),
respectively.
1975 - Pub. L. 94-71 substituted $121, $175, $225, $225 and $45
for $108, $156, $201, $201 and $40 in pars. (1), (2), (3) and (4),
respectively.
1974 - Pub. L. 93-295 substituted "$108", "$156", "$201", "$201",
and "$40" for "$92", "$133", "$172", "$172", and "$34", in pars.
(1), (2), (3), and (4), respectively.
1971 - Pub. L. 92-197 substituted "$92", "$133", "$172", and
"$172" and "$34" for "$88", "$127", "$164" and "164" and "$32", in
pars. (1), (2), (3), and (4). respectively.
1970 - Pub. L. 91-262 substituted "$88", "$127", "$164", and
"$164" and "$32", for "$80", "$115", "$149", and "$149" and "$29",
in pars. (1), (2), (3), and (4), respectively.
1966 - Pub. L. 89-730 substituted "$80", "$115", "$149", and
"$29", for "$77", "$110", "$143", and "$143" and "$28", in pars.
(1), (2), (3), and (4), respectively.
1963 - Pub. L. 88-21 substituted "$77", "$110", "$143" and "28"
for "$70", "$100", "$130" and "$25", in pars. (1), (2), (3), and
(4), respectively.
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111-37 effective Dec. 1, 2008, see section
3(g) of Pub. L. 111-37, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110-324 effective Dec. 1, 2007, see section
3(f) of Pub. L. 110-324, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by Pub. L. 109-111 effective Dec. 1, 2005, see section
2(f) of Pub. L. 109-111, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107-94 effective Dec. 1, 2001, see section 7
of Pub. L. 107-94, set out as a note under section 1114 of this
title.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106-118 effective Dec. 1, 1999, see section
7 of Pub. L. 106-118, set out as a note under section 1114 of this
title.
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.
Section 703(c) of Pub. L. 99-576 provided that: "The amendments
made by this section [amending this section and sections 524 and
525 [now 1524 and 1525] of this title and amending provisions set
out as a note under section 1163 of this title] shall take effect
as if included in the Veterans' Benefits Improvement Act of 1984
(Public Law 98-543)."
Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section
107 of Pub. L. 99-238, set out as a note under section 1114 of this
title.
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 AMENDMENT
Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section
108 of Pub. L. 97-306, set out as a note under section 1114 of this
title.
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 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
Section 4 of Pub. L. 91-262 provided that: "The amendments made
by sections 2 and 3 of this Act [amending this section and section
414 [now 1314] of this title] shall become effective on the first
day of the second calendar month following the month in which this
Act is enacted [May 1970]."
EFFECTIVE DATE OF 1966 AMENDMENT
Amendment by Pub. L. 89-730 effective first day of second
calendar month following Nov. 2, 1966, see section 7(a) of Pub. L.
89-730, set out as a note under section 1315 of this title.
EFFECTIVE DATE OF 1963 AMENDMENT
Amendment by Pub. L. 88-21 effective first day of second calendar
month beginning after May 15, 1963, see section 5 of Pub. L. 88-21,
set out as a note under section 1311 of this title.
REPEAL
Section 405(f) of Pub. L. 97-253, cited as a credit to this
section, was repealed by Pub. L. 97-306, Secs. 107, 108, Oct. 14,
1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982.
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.
-End-
-CITE-
38 USC Sec. 1314 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION
-HEAD-
Sec. 1314. Supplemental dependency and indemnity compensation to
children
-STATUTE-
(a) In the case of a child entitled to dependency and indemnity
compensation who has attained the age of eighteen and who, while
under such age, became permanently incapable of self-support, the
dependency and indemnity compensation paid monthly to such child
shall be increased by $286.
(b) If dependency and indemnity compensation is payable monthly
to a person as a surviving spouse and there is a child (of such
person's deceased spouse) who has attained the age of eighteen and
who, while under such age, became permanently incapable of self-
support, dependency and indemnity compensation shall be paid
monthly to each such child, concurrently with the payment of
dependency and indemnity compensation to the surviving spouse, in
the amount of $488.
(c) If dependency and indemnity compensation is payable monthly
to a person as a surviving spouse and there is a child (of such
person's deceased spouse), who has attained the age of eighteen and
who, while under the age of twenty-three, is pursuing a course of
instruction at an educational institution approved under section
104 of this title, dependency and indemnity compensation shall be
paid monthly to each such child, concurrently with the payment of
dependency and indemnity compensation to the surviving spouse, in
the amount of $243.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128, Sec. 414; Pub. L. 88-
21, Sec. 3, May 15, 1963, 77 Stat. 17; Pub. L. 89-311, Sec.
2(c)(2), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 89-730, Sec. 5, Nov.
2, 1966, 80 Stat. 1159; Pub. L. 91-262, Sec. 3, May 21, 1970, 84
Stat. 256; Pub. L. 92-197, Sec. 3, Dec. 15, 1971, 85 Stat. 661;
Pub. L. 93-295, title II, Sec. 203, May 31, 1974, 88 Stat. 183;
Pub. L. 94-71, title II, Sec. 203, Aug. 5, 1975, 89 Stat. 397; Pub.
L. 94-433, title II, Sec. 203, title IV, Sec. 405(10), Sept. 30,
1976, 90 Stat. 1376, 1380; Pub. L. 95-117, title II, Sec. 203, Oct.
3, 1977, 91 Stat. 1065; Pub. L. 95-479, title II, Sec. 203, Oct.
18, 1978, 92 Stat. 1563; Pub. L. 96-128, title II, Sec. 203, Nov.
28, 1979, 93 Stat. 985; Pub. L. 96-385, title II, Sec. 203, Oct. 7,
1980, 94 Stat. 1530; Pub. L. 97-66, title II, Sec. 203, Oct. 17,
1981, 95 Stat. 1029; Pub. L. 97-253, title IV, Sec. 405(g), Sept.
8, 1982, 96 Stat. 804; Pub. L. 97-306, title I, Secs. 106, 107,
Oct. 14, 1982, 96 Stat. 1431; Pub. L. 98-223, title I, Sec. 106,
Mar. 2, 1984, 98 Stat. 39; Pub. L. 98-543, title I, Sec. 106, Oct.
24, 1984, 98 Stat. 2737; Pub. L. 99-238, title I, Sec. 106, Jan.
13, 1986, 99 Stat. 1767; Pub. L. 99-576, title I, Sec. 106, Oct.
28, 1986, 100 Stat. 3252; Pub. L. 100-227, title I, Sec. 106, Dec.
31, 1987, 101 Stat. 1555; Pub. L. 100-687, div. B, title XI, Sec.
1105(b), Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101-237, title I,
Sec. 105(b), Dec. 18, 1989, 103 Stat. 2064; Pub. L. 102-3, Sec.
6(b), Feb. 6, 1991, 105 Stat. 9; renumbered Sec. 1314, Pub. L. 102-
83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-152, Sec.
6(b), Nov. 12, 1991, 105 Stat. 987; Pub. L. 103-78, Sec. 5(b), Aug.
13, 1993, 107 Stat. 769; Pub. L. 103-140, Sec. 6(b), Nov. 11, 1993,
107 Stat. 1487; Pub. L. 105-98, Sec. 6(b), Nov. 19, 1997, 111 Stat.
2157; Pub. L. 106-118, Sec. 6(b), Nov. 30, 1999, 113 Stat. 1603;
Pub. L. 107-94, Sec. 6(b), Dec. 21, 2001, 115 Stat. 902; Pub. L.
107-330, title III, Sec. 309(e)(2), Dec. 6, 2002, 116 Stat. 2831;
Pub. L. 108-454, title III, Sec. 307(e)(2), Dec. 10, 2004, 118
Stat. 3614; Pub. L. 109-111, Sec. 2(e)(2), Nov. 22, 2005, 119 Stat.
2364; Pub. L. 109-444, Sec. 9(e)(2), Dec. 21, 2006, 120 Stat. 3315;
Pub. L. 109-461, title X, Secs. 1005(e)(2), 1006(b), Dec. 22, 2006,
120 Stat. 3468; Pub. L. 110-324, Sec. 3(e)(2), Sept. 24, 2008, 122
Stat. 3552; Pub. L. 111-37, Sec. 3(e)(2), June 30, 2009, 123 Stat.
1930.)
-MISC1-
AMENDMENTS
2009 - Subsec. (a). Pub. L. 111-37, Sec. 3(e)(2)(A), substituted
"$286" for "$271".
Subsec. (b). Pub. L. 111-37, Sec. 3(e)(2)(B), substituted "$488"
for "$462".
Subsec. (c). Pub. L. 111-37, Sec. 3(e)(2)(C), substituted "$243"
for "$230".
2008 - Subsec. (a). Pub. L. 110-324, Sec. 3(e)(2)(A), substituted
"$271" for "$265".
Subsec. (b). Pub. L. 110-324, Sec. 3(e)(2)(B), substituted "$462"
for "$452".
Subsec. (c). Pub. L. 110-324, Sec. 3(e)(2)(C), substituted "$230"
for "$225".
2006 - Pub. L. 109-461, Sec. 1006(b), provided that as of the
enactment of Pub. L. 109-461, the amendments made by Pub. L. 109-
444 were deemed for all purposes not to have taken effect and that
Pub. L. 109-444 ceased to be in effect. See Amendment notes below
and section 1006(b) of Pub. L. 109-461, set out as a Coordination
of Provisions With Pub. L. 109-444 note under section 101 of this
title.
Subsec. (a). Pub. L. 109-461, Sec. 1005(e)(2)(A), substituted
"$265" for "$257".
Pub. L. 109-444, Sec. 9(e)(2)(A), which substituted "$265" for
"$257", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (b). Pub. L. 109-461, Sec. 1005(e)(2)(B), substituted
"$452" for "$438".
Pub. L. 109-444, Sec. 9(e)(2)(B), which substituted "$452" for
"$438", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
Subsec. (c). Pub. L. 109-461, Sec. 1005(e)(2)(C), substituted
"$225" for "$218".
Pub. L. 109-444, Sec. 9(e)(2)(C), which substituted "$225" for
"$218", was terminated by Pub. L. 109-461, Sec. 1006(b). See
Amendment notes above.
2005 - Subsec. (a). Pub. L. 109-111, Sec. 2(e)(2)(A), substituted
"$257" for "$241".
Subsec. (b). Pub. L. 109-111, Sec. 2(e)(2)(B), substituted "$438"
for "$410".
Subsec. (c). Pub. L. 109-111, Sec. 2(e)(2)(C), substituted "$218"
for "$205".
2004 - Subsec. (a). Pub. L. 108-454, Sec. 307(e)(2)(A),
substituted "$241" for "$237".
Subsec. (b). Pub. L. 108-454, Sec. 307(e)(2)(B), substituted
"$410" for "$402".
Subsec. (c). Pub. L. 108-454, Sec. 307(e)(2)(C), substituted
"$205" for "$201".
2002 - Subsec. (a). Pub. L. 107-330, Sec. 309(e)(2)(A),
substituted "$237" for "$234".
Subsec. (b). Pub. L. 107-330, Sec. 309(e)(2)(B), substituted
"$402" for "$397".
Subsec. (c). Pub. L. 107-330, Sec. 309(e)(2)(C), substituted
"$201" for "$199".
2001 - Subsec. (a). Pub. L. 107-94, Sec. 6(b)(1), substituted
"$234" for "$222".
Subsec. (b). Pub. L. 107-94, Sec. 6(b)(2), substituted "$397" for
"$373".
Subsec. (c). Pub. L. 107-94, Sec. 6(b)(3), substituted "$199" for
"$188".
1999 - Subsec. (a). Pub. L. 106-118, Sec. 6(b)(1), substituted
"$222" for "$215".
Subsec. (b). Pub. L. 106-118, Sec. 6(b)(2), substituted "$373"
for "$361".
Subsec. (c). Pub. L. 106-118, Sec. 6(b)(3), substituted "$188"
for "$182".
1997 - Subsec. (a). Pub. L. 105-98, Sec. 6(b)(1), substituted
"$215" for "$195".
Subsec. (b). Pub. L. 105-98, Sec. 6(b)(2), substituted "$361" for
"$327".
Subsec. (c). Pub. L. 105-98, Sec. 6(b)(3), substituted "$182" for
"$166".
1993 - Subsec. (a). Pub. L. 103-140, Sec. 6(b)(1), substituted
"$195" for "$191".
Pub. L. 103-78, Sec. 5(b)(1), substituted "$191" for "$185".
Subsec. (b). Pub. L. 103-140, Sec. 6(b)(2), substituted "$327"
for "$319".
Pub. L. 103-78, Sec. 5(b)(2), substituted "$319" for "$310".
Subsec. (c). Pub. L. 103-140, Sec. 6(b)(3), substituted "$166"
for "$162".
Pub. L. 103-78, Sec. 5(b)(3), substituted "$162" for "$157".
1991 - Pub. L. 102-83 renumbered section 414 of this title as
this section.
Subsec. (a). Pub. L. 102-152, Sec. 6(b)(1), substituted "$185"
for "$178".
Pub. L. 102-3, Sec. 6(b)(1), substituted "$178" for "$169".
Subsec. (b). Pub. L. 102-152, Sec. 6(b)(2), substituted "$310"
for "$299".
Pub. L. 102-3, Sec. 6(b)(2), substituted "$299" for "$284".
Subsec. (c). Pub. L. 102-152, Sec. 6(b)(3), substituted "$157"
for "$151".
Pub. L. 102-3, Sec. 6(b)(3), substituted "$151" for "$144".
1989 - Subsec. (a). Pub. L. 101-237, Sec. 105(b)(1), substituted
"$169" for "$161".
Subsec. (b). Pub. L. 101-237, Sec. 105(b)(2), substituted "$284"
for "$271".
Subsec. (c). Pub. L. 101-237, Sec. 105(b)(3), substituted "$144"
for "$138".
1988 - Subsec. (a). Pub. L. 100-687, Sec. 1105(b)(1), substituted
"$161" for "$155".
Subsec. (b). Pub. L. 100-687, Sec. 1105(b)(2), substituted "$271"
for "$261".
Subsec. (c). Pub. L. 100-687, Sec. 1105(b)(3), substituted "$138"
for "$133".
1987 - Subsec. (a). Pub. L. 100-227, Sec. 106(1), substituted
"$155" for "$149".
Subsec. (b). Pub. L. 100-227, Sec. 106(2), substituted "$261" for
"$251".
Subsec. (c). Pub. L. 100-227, Sec. 106(3), substituted "$133" for
"$128".
1986 - Subsec. (a). Pub. L. 99-576, Sec. 106(1), substituted
"$149" for "$147".
Pub. L. 99-238, Sec. 106(1), substituted "$147" for "$143".
Subsec. (b). Pub. L. 99-576, Sec. 106(2), substituted "$251" for
"$247".
Pub. L. 99-238, Sec. 106(2), substituted "$247" for "$240".
Subsec. (c). Pub. L. 99-576, Sec. 106(3), substituted "$128" for
"$126".
Pub. L. 99-238, Sec. 106(3), substituted "$126" for "$122".
1984 - Subsec. (a). Pub. L. 98-543, Sec. 106(1), substituted
"$143" for "$139".
Pub. L. 98-223, Sec. 106(1), substituted "$139" for "$134".
Subsec. (b). Pub. L. 98-543, Sec. 106(2), substituted "$240" for
"$233".
Pub. L. 98-223, Sec. 106(2), substituted "$233" for "$225".
Subsec. (c). Pub. L. 98-543, Sec. 106(3), substituted "$122" for
"$118".
Pub. L. 98-223, Sec. 106(3), substituted "$118" for "$114".
1982 - Subsec. (a). Pub. L. 97-306, Secs. 106(1), 107, 108,
substituted "$134" for "$125", and repealed amendment made by Pub.
L. 97-253, Sec. 405(g)(1), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(g)(1), (h), eff. Jan. 1, 1983,
substituted "$124" for "$125".
Subsec. (b). Pub. L. 97-306, Secs. 106(2), 107, 108, substituted
"$225" for "$210", and repealed amendment made by Pub. L. 97-253,
Sec. 405(g)(2), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(g)(2), (h), eff. Jan. 1, 1983,
substituted "$209" for "$210".
Subsec. (c). Pub. L. 97-306, Secs. 106(3), 107, 108, substituted
"$114" for "$107", and repealed amendment made by Pub. L. 97-253,
Sec. 405(g)(3), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(g)(3), (h), eff. Jan. 1, 1983,
substituted "$106" for "$107".
1981 - Subsec. (a). Pub. L. 97-66, Sec. 203(1), substituted
"$125" for "$112".
Subsec. (b). Pub. L. 97-66, Sec. 203(2), substituted "$210" for
"$189".
Subsec. (c). Pub. L. 97-66, Sec. 203(3), substituted "$107" for
"$96".
1980 - Subsec. (a). Pub. L. 96-385, Sec. 203(1), substituted
"$112" for "$98".
Subsec. (b). Pub. L. 96-385, Sec. 203(2), substituted "$189" for
"$165".
Subsec. (c). Pub. L. 96-385, Sec. 203(3), substituted "$96" for
"$84".
1979 - Subsec. (a). Pub. L. 96-128, Sec. 203(1), substituted
"$98" for "$89".
Subsec. (b). Pub. L. 96-128, Sec. 203(2), substituted "$165" for
"$150".
Subsec. (c). Pub. L. 96-128, Sec. 203(3), substituted "$84" for
"$76".
1978 - Subsec. (a). Pub. L. 95-479, Sec. 203(1), substituted
"$89" for "$83".
Subsec. (b). Pub. L. 95-479, Sec. 203(2), substituted "$150" for
"$140".
Subsec. (c). Pub. L. 95-479, Sec. 203(3), substituted "$76" for
"$71".
1977 - Subsec. (a). Pub. L. 95-117, Sec. 203(1), substituted
"$83" for "$78".
Subsec. (b). Pub. L. 95-117, Sec. 203(2) substituted "$140" for
"$131".
Subsec. (c). Pub. L. 95-117, Sec. 203(3), substituted "$71" for
"$67".
1976 - Subsec. (a). Pub. L. 94-433, Secs. 203(1), 405(10),
substituted "$78" for "$72" and "such child" for "him".
Subsec. (b). Pub. L. 94-433, Secs. 203(2), 405(10), substituted
"$131" for "$121" and "person" for "woman", "surviving spouse" for
"widow" and "such person's deceased spouse" for "her deceased
husband" wherever appearing.
Subsec. (c). Pub. L. 94-433, Secs. 203(3), 405(10), substituted
"$67" for "$62" and "person" for "woman", "surviving spouse" for
"widow" and "such person's deceased spouse" for "her deceased
husband" wherever appearing.
1975 - Subsec. (a). Pub. L. 94-71, Sec. 203(a), substituted "$72"
for "$64".
Subsec. (b). Pub. L. 94-71, Sec. 203(b), substituted "$121" for
"$108".
Subsec. (c). Pub. L. 94-71, Sec. 203(c), substituted "$62" for
"$55".
1974 - Subsec. (a). Pub. L. 93-295, Sec. 203(a), substituted
"$64" for "55".
Subsec. (b). Pub. L. 93-295, Sec. 203(b), substituted "$108" for
"$92".
Subsec. (c). Pub. L. 93-295, 203(c), substituted "$55" for "$47".
1971 - Subsec. (a). Pub. L. 92-197, Sec. 3(a), substituted "$55"
for "$32".
Subsec. (b). Pub. L. 92-197, Sec. 3(b), substituted "$92" for
"$88".
Subsec. (c). Pub. L. 92-197, Sec. 3(c), substituted "$47" for
"$45".
1970 - Subsec. (a). Pub. L. 91-262, Sec. 3(a), substituted "$32"
for "$29".
Subsec. (b). Pub. L. 91-262, Sec. 3(b), substituted "$88" for
"$80".
Subsec. (c). Pub. L. 91-262, Sec. 3(c), substituted "$45" for
"$41".
1966 - Subsec. (a). Pub. L. 89-730, Sec. 5(1), substituted "$29"
for "$28".
Subsec. (b). Pub. L. 89-730, Sec. 5(2), substituted "$80" for
"$77".
Subsec. (c). Pub. L. 89-730, Sec. 5(3), substituted "41" for
"39".
1965 - Subsec. (c). Pub. L. 89-311 substituted "twenty-three" for
"twenty-one".
1963 - Subsec. (a). Pub. L. 88-21, Sec. 3(1), substituted "$28"
for "$25".
Subsec. (b). Pub. L. 88-21, Sec. 3(2), substituted "$77" for
"$70".
Subsec. (c). Pub. L. 88-21, Sec. 3(3), substituted "$39" for
"$35".
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111-37 effective Dec. 1, 2008, see section
3(g) of Pub. L. 111-37, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110-324 effective Dec. 1, 2007, see section
3(f) of Pub. L. 110-324, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by Pub. L. 109-111 effective Dec. 1, 2005, see section
2(f) of Pub. L. 109-111, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107-94 effective Dec. 1, 2001, see section 7
of Pub. L. 107-94, set out as a note under section 1114 of this
title.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106-118 effective Dec. 1, 1999, see section
7 of Pub. L. 106-118, set out as a note under section 1114 of this
title.
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 AMENDMENT
Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section
108 of Pub. L. 97-306, set out as a note under section 1114 of this
title.
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 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. 91-262 effective first day of second
calendar month following May 1970, see section 4 of Pub. L. 91-262,
set out as a note under section 1313 of this title.
EFFECTIVE DATE OF 1966 AMENDMENT
Amendment by Pub. L. 89-730 effective first day of second
calendar month following Nov. 2, 1966, see section 7(a) of Pub. L.
89-730, set out as a note under section 1315 of this title.
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.
EFFECTIVE DATE OF 1963 AMENDMENT
Amendment by Pub. L. 88-21 effective first day of second calendar
month beginning after May 15, 1963, see section 5 of Pub. L. 88-21,
set out as a note under section 1311 of this title.
REPEAL
Section 405(g) of Pub. L. 97-253, cited as a credit to this
section, was repealed by Pub. L. 97-306, Secs. 107, 108, Oct. 14,
1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982.
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.
-End-
-CITE-
38 USC Sec. 1315 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION
-HEAD-
Sec. 1315. Dependency and indemnity compensation to parents
-STATUTE-
(a)(1) Except as provided in paragraph (2), dependency and
indemnity compensation shall be paid monthly to parents of a
deceased veteran in the amounts prescribed by this section.
(2) Under regulations prescribed by the Secretary, benefits under
this section may be paid less frequently than monthly if the amount
of the annual benefit is less than 4 percent of the maximum annual
rate payable under this section.
(b)(1) Except as provided in paragraph (4) of this subsection, if
there is only one parent, the monthly rate of dependency and
indemnity compensation paid to such parent shall be $569, as
increased from time to time under section 5312(b)(1) of this title
and reduced by an amount, based upon the amount of such parent's
annual income, determined in accordance with regulations which the
Secretary shall prescribe under section 5312(b)(2) of this title.
(2) In no case may the amount of dependency and indemnity
compensation payable to any parent under this subsection be less
than $5 monthly.
(3) In no case may dependency and indemnity compensation be paid
under paragraph (1) of this subsection to any parent if the annual
income of such parent exceeds $13,456, as increased from time to
time under section 5312 of this title.
(4) If there is only one parent and such parent has remarried and
is living with such parent's spouse, dependency and indemnity
compensation shall be paid to such parent under either paragraph
(1) of this subsection or under subsection (d) of this section,
whichever will result in the greater amount of such compensation
being paid to such parent. In such a case of remarriage the total
combined annual income of the parent and such parent's spouse shall
be counted in determining the monthly rate of dependency and
indemnity compensation under the appropriate formula.
(c)(1) Except as provided in subsection (d) of this section, if
there are two parents, but they are not living together, the
monthly rate of dependency and indemnity compensation paid to each
such parent shall be $412, as increased from time to time under
section 5312(b)(1) of this title and reduced by an amount, based
upon the amount of such parent's annual income, determined in
accordance with regulations which the Secretary shall prescribe
under section 5312(b)(2) of this title.
(2) In no case may the amount of dependency and indemnity
compensation payable to any parent under this subsection be less
than $5 monthly.
(3) In no case may dependency and indemnity compensation be paid
under paragraph (1) of this subsection to any parent if the annual
income of such parent exceeds $13,456, as increased from time to
time under section 5312 of this title.
(d)(1) If there are two parents who are living together, or if a
parent has remarried and is living with such parent's spouse, the
monthly rate of dependency and indemnity compensation paid to such
parent shall be $387, as increased from time to time under section
5312(b)(1) of this title and reduced by an amount, based upon the
amount of the combined annual income of the parents or the parent
and the parent's spouse, determined in accordance with regulations
which the Secretary shall prescribe under section 5312(b)(2) of
this title.
(2) In no case may the amount of dependency and indemnity
compensation payable to any parent under this subsection be less
than $5 monthly.
(3) In no case may dependency and indemnity compensation be paid
under this subsection to a parent if the total combined annual
income of the parent and such parent's spouse exceeds $18,087, as
increased from time to time under section 5312 of this title.
(e) The Secretary may require as a condition of granting or
continuing dependency and indemnity compensation to a parent that
such parent, other than one who has attained seventy-two years of
age and has been paid dependency and indemnity compensation during
two consecutive calendar years, file for a calendar year with the
Secretary (on the form prescribed by the Secretary) a report
showing the total income which such parent expects to receive in
that year and the total income which such parent received in the
preceding year. The parent or parents shall notify the Secretary
whenever there is a material change in annual income.
(f)(1) In determining income under this section, all payments of
any kind or from any source shall be included, except -
(A) payments of the six-months' death gratuity;
(B) donations from public or private relief or welfare
organizations;
(C) payments under this chapter (except section 1312(a)) and
chapters 11 and 15 of this title and under the first sentence of
section 9(b) of the Veterans' Pension Act of 1959;
(D) lump-sum death payments under title II of the Social
Security Act (42 U.S.C. 401 et seq.);
(E) payments of bonus or similar cash gratuity by any State
based upon service in the Armed Forces;
(F) payments under policies of servicemembers' group life
insurance, United States Government life insurance or national
service life insurance, and payments of servicemen's indemnity;
(G) 10 percent of the amount of payments to an individual under
public or private retirement, annuity, endowment, or similar
plans or programs;
(H) amounts equal to amounts paid by a parent of a deceased
veteran for -
(i) a deceased spouse's just debts,
(ii) the expenses of the spouse's last illness to the extent
such expenses are not reimbursed under chapter 51 of this
title, and
(iii) the expenses of the spouse's burial to the extent that
such expenses are not reimbursed under chapter 23 or chapter 51
of this title;
(I) reimbursements of any kind for any casualty loss (as
defined in regulations which the Secretary shall prescribe), but
the amount excluded under this clause may not exceed the greater
of the fair market value or the reasonable replacement value of
the property involved at the time immediately preceding the loss;
(J) amounts equal to amounts paid by a parent of a deceased
veteran for -
(i) the expenses of the veteran's last illness, and
(ii) the expenses of such veteran's burial to the extent that
such expenses are not reimbursed under chapter 23 of this
title;
(K) profit realized from the disposition of real or personal
property other than in the course of a business;
(L) payments received for discharge of jury duty or obligatory
civic duties;
(M) payments of annuities elected under subchapter I of chapter
73 of title 10.
(2) Where a fraction of a dollar is involved, annual income shall
be fixed at the next lower dollar.
(3) The Secretary may provide by regulation for the exclusion
from income under this section of amounts paid by a parent for
unusual medical expenses.
(g) The monthly rate of dependency and indemnity compensation
payable to a parent shall be increased by $308, as increased from
time to time under section 5312 of this title, if such parent is
(1) a patient in a nursing home or (2) blind, or so nearly blind or
significantly disabled as to need or require the regular aid and
attendance of another person.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1129, Sec. 415; Pub. L. 87-
268, Sec. 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 88-21, Sec.
4, May 15, 1963, 77 Stat. 17; Pub. L. 89-730, Secs. 1, 2, Nov. 2,
1966, 80 Stat. 1157, 1158; Pub. L. 90-275, Sec. 2, Mar. 28, 1968,
82 Stat. 66; Pub. L. 91-588, Secs. 2, 8(a), Dec. 24, 1970, 84 Stat.
1582, 1584; Pub. L. 92-197, Sec. 4, Dec. 15, 1971, 85 Stat. 661;
Pub. L. 92-425, Sec. 6(1), Sept. 21, 1972, 86 Stat. 713; Pub. L. 93-
177, Sec. 4, Dec. 6, 1973, 87 Stat. 695; Pub. L. 93-527, Sec. 7,
Dec. 21, 1974, 88 Stat. 1704; Pub. L. 94-169, title II, Sec. 201,
Dec. 23, 1975, 89 Stat. 1019; Pub. L. 94-432, title III, Sec. 301,
Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95-204, title II, Sec. 201,
Dec. 2, 1977, 91 Stat. 1457; Pub. L. 95-588, title II, Sec. 201,
Nov. 4, 1978, 92 Stat. 2505; Pub. L. 96-466, title VI, Sec.
605(c)(1), Oct. 17, 1980, 94 Stat. 2211; Pub. L. 97-295, Sec.
4(10), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 100-687, div. B, title
XIV, Sec. 1402(a), Nov. 18, 1988, 102 Stat. 4129; Pub. L. 102-40,
title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered
Sec. 1315 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-86, title I,
Sec. 102, Aug. 14, 1991, 105 Stat. 414; Pub. L. 103-271, Sec. 9(a),
July 1, 1994, 108 Stat. 743; Pub. L. 104-275, title IV, Sec.
405(c)(1), Oct. 9, 1996, 110 Stat. 3340; Pub. L. 109-233, title V,
Sec. 502(3), June 15, 2006, 120 Stat. 415; Pub. L. 111-37, Sec.
3(f), June 30, 2009, 123 Stat. 1930.)
-REFTEXT-
REFERENCES IN TEXT
Section 9(b) of the Veterans' Pension Act of 1959, referred to in
subsec. (f)(1)(C), is section 9(b) of Pub. L. 86-211, Aug. 29,
1959, 73 Stat. 432, which was set out as a Savings Provisions note
under section 1521 of this title, and was repealed, effective Jan.
1, 1979, by section 306(b)(1) of Pub. L. 95-588, which is set out
as a Savings Provisions for Persons Entitled to Pension as of
December 31, 1978: Other Provisions note under section 1521 of this
title.
The Social Security Act, referred to in subsec. (f)(1)(D), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the
Social Security Act is classified generally to subchapter II (Sec.
401 et seq.) of chapter 7 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see
section 1305 of Title 42 and Tables.
-MISC1-
AMENDMENTS
2009 - Subsec. (b)(1). Pub. L. 111-37, Sec. 3(f)(1)(A),
substituted "$569" for "$163".
Subsec. (b)(3). Pub. L. 111-37, Sec. 3(f)(1)(B), substituted
"$13,456" for "$4,038".
Subsec. (c)(1). Pub. L. 111-37, Sec. 3(f)(2)(A), substituted
"$412" for "$115".
Subsec. (c)(3). Pub. L. 111-37, Sec. 3(f)(2)(B), substituted
"$13,456" for "$4,038".
Subsec. (d)(1). Pub. L. 111-37, Sec. 3(f)(3)(A), substituted
"$387" for "$109".
Subsec. (d)(3). Pub. L. 111-37, Sec. 3(f)(3)(B), substituted
"$18,087" for "$5,430".
Subsec. (g). Pub. L. 111-37, Sec. 3(f)(4), substituted "$308" for
"$85".
2006 - Subsec. (g)(2). Pub. L. 109-233 substituted "blind, or so
nearly blind or significantly disabled as to" for "helpless or
blind, or so nearly helpless or blind as to".
1996 - Subsec. (f)(1)(F). Pub. L. 104-275 substituted
"servicemembers' group" for "servicemen's group".
1994 - Subsec. (e). Pub. L. 103-271, in first sentence,
substituted "may require" for "shall require" and "for a calendar
year" for "each year" and, in second sentence, substituted "notify
the Secretary" for "file with the Secretary a revised report" and
struck out "the estimated" after "material change in".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 415 of this
title as this section.
Subsec. (a). Pub. L. 102-86 amended this section as in effect
before the redesignations made by Pub. L. 102-83, Sec. 5, by
amending subsec. (a) generally. Prior to amendment, subsec. (a)
read as follows: "Dependency and indemnity compensation shall be
paid monthly to parents of a deceased veteran in the amounts
prescribed by this section."
Subsec. (b)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Pub. L. 102-40 substituted "5312(b)(1)" for "3112(b)(1)" and
"5312(b)(2)" for "3112(b)(2)".
Subsec. (b)(3). Pub. L. 102-40 substituted "5312" for "3112".
Subsec. (c)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Pub. L. 102-40 substituted "5312(b)(1)" for "3112(b)(1)" and
"5312(b)(2)" for "3112(b)(2)".
Subsec. (c)(3). Pub. L. 102-40 substituted "5312" for "3112".
Subsec. (d)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Pub. L. 102-40 substituted "5312(b)(1)" for "3112(b)(1)" and
"5312(b)(2)" for "3112(b)(2)".
Subsec. (d)(3). Pub. L. 102-40 substituted "5312" for "3112".
Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" wherever appearing.
Subsec. (f)(1)(C). Pub. L. 102-83, Sec. 5(c)(1), substituted
"1312(a)" for "412(a)".
Subsec. (f)(1)(I), (3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator".
Subsec. (g). Pub. L. 102-40 substituted "5312" for "3112".
1988 - Subsec. (f)(1)(I). Pub. L. 100-687 amended cl. (I)
generally. Prior to amendment, cl. (I) read as follows: "proceeds
of fire insurance policies;".
1982 - Subsec. (f)(1)(D). Pub. L. 97-295, Sec. 4(10)(A),
substituted "title II of the Social Security Act (42 U.S.C. 401 et
seq.)" for "subchapter II of chapter 7 of title 42".
Subsec. (f)(1)(G). Pub. L. 97-295, Sec. 4(10)(B), substituted
"percent" for "per centum".
1980 - Subsec. (f). Pub. L. 96-466 redesignated subsec. (g) as
(f). Former subsec. (f), which directed the Administrator, upon
ascertaining that there had been overpayments to a parent under
this section, to deduct such overpayments (unless waived) from any
future payments made to such parent under this section, was struck
out.
Subsecs. (g), (h). Pub. L. 96-466 redesignated subsecs. (g) and
(h) as (f) and (g), respectively.
1978 - Subsec. (b)(1). Pub. L. 95-588, Sec. 201(a)(1),
substituted a fixed monthly amount of $163, subject to certain
increases and deductions, as parental compensation for a formula
for computing the monthly award under this subsection based upon
the annual income of the recipient.
Subsec. (b)(3). Pub. L. 95-588, Sec. 201(a)(2), substituted
"$4,038, as increased from time to time under section 3112 of this
title" for "$3,770".
Subsec. (b)(4). Pub. L. 95-588, Sec. 201(a)(3), struck out
references to the award computation formula formerly contained in
subsec. (b)(1) of this section and inserted provision relating to
election between subsecs. (b)(1) and (d) of this section in order
to procure the greatest amount of compensation for the recipient.
Subsec. (c)(1). Pub. L. 95-588, Sec. 201(b)(1), substituted a
fixed amount of $115 a month as compensation under this subsection
for a computation formula based upon the annual income of the
recipient.
Subsec. (c)(3). Pub. L. 95-588, Sec. 201(b)(2), substituted
"$4,038, as increased from time to time under section 3112 of this
title" for "$3,770".
Subsec. (d)(1). Pub. L. 95-588, Sec. 201(c)(1), substituted a
fixed amount of $109 a month as compensation under this subsection
for a computation formula based upon combined annual income of
recipients.
Subsec. (d)(3). Pub. L. 95-588, Sec. 201(c)(2), substituted
"$5,430, as increased from time to time under section 3112 of this
title" for "$5,070".
Subsec. (h). Pub. L. 95-588, Sec. 201(d), substituted "$85, as
increased from time to time under section 3112 of this title" for
"$79".
1977 - Subsec. (b)(1). Pub. L. 95-204, Sec. 201(1), increased
monthly rate of compensation from $142 to $152, substituted ".05"
for ".04", ".06" for ".05", ".08" for ".06", "1,500" for "1,400" in
two places, and "3,770" for "1,600", and struck out provision
reducing compensation by .08 for income more than 1,600 but not
more than 3,540.
Subsec. (b)(3). Pub. L. 95-204, Sec. 201(2), substituted "$3,770"
for "$3,540".
Subsec. (c)(1). Pub. L. 95-204, Sec. 201(3), increased monthly
rate of compensation from $100 to $107, substituted ".05" for
".04", ".06" for ".05", "2,000" for "1,300" in two places, and
"3,770" for "2,300", and struck out provision reducing compensation
by .06 for income more than 2,300 but not more than 3,540.
Subsec. (c)(3). Pub. L. 95-204, Sec. 201(4), substituted "$3,770"
for "$3,540".
Subsec. (d)(1). Pub. L. 95-204, Sec. 201(5), increased monthly
rate of compensation from $96 to $102, and substituted "2,000" for
"2,100" in two places, "2,900" for "3,100" in two places, "3,600"
for "3,800" in two places, and "5,070" for "4,760".
Subsec. (d)(3). Pub. L. 95-204, Sec. 201(6), substituted "$5,070"
for "$4,760".
Subsec. (h). Pub. L. 95-204, Sec. 201(7), substituted "$79" for
"$74".
1976 - Subsec. (b)(1). Pub. L. 94-432, Sec. 301(1), increased
monthly rate of compensation from $133 to $142 and substituted
$1,200 to $1,400 for $1,200 to $1,500, $1,400 to $1,600 for $1,500
to $1,700 and $1,600 to $3,540 for $1,700 to $3,300.
Subsec. (b)(3). Pub. L. 94-432, Sec. 301(2), substituted "$3,540"
for "$3,300".
Subsec. (c)(1). Pub. L. 94-432, Sec. 301(3), increased monthly
rate of compensation from $93 to $100 and substituted $1,100 to
$1,300 for $1,100 to $1,600, $1,300 to $2,300 for $1,600 to $2,400
and $2,300 to $3,540 for $2,400 to $3,300.
Subsec. (c)(3). Pub. L. 94-432, Sec. 301(4), substituted "$3,540"
for "$3,300".
Subsec. (d)(1). Pub. L. 94-432, Sec. 301(5), increased monthly
compensation from $90 to $96 and substituted $1,000 to $2,100 for
$1,000 to $2,300, $2,100 to $3,100 for $2,300 to $3,300 and $3,100
to $3,800 for $3,300 to $4,500, and inserted provision for
reduction by $.05 for each $1 of total combined annual income which
is more than $3,800 but not more than $4,760.
Subsec. (d)(3). Pub. L. 94-432, Sec. 301(6), substituted "$4,760"
for "$4,500".
Subsec. (h). Pub. L. 94-432, Sec. 301(7), substituted "$74" for
"$69".
1975 - Subsec. (b)(1). Pub. L. 94-169, Sec. 201(2), increased,
effective for period beginning Jan. 1, 1976, and ending Sept. 30,
1976, monthly rate of compensation from $123 to $133, substituted
$1000 to $1200 for $1000 to $1300, $1200 to $1500 for $1300 to
$1600, $1500 to $1700 for $1600 to $1800 and $1700 to $3300 for
$2000 to $3000, the minimum and maximum income ranges for which the
compensation rate will be reduced by 4, 5, 6 and 8 cents per
dollar, respectively, struck out the income range of $1800 to $2000
for which the reduction rate is 7 cents per dollar, increased from
$4.00 to $5.00 the minimum payable compensation, and increased from
$3,000 to $3300 the income in excess of which no compensation will
be paid.
Subsec. (b)(2). Pub. L. 94-169, Sec. 201(1), redesignated,
effective for period beginning Jan. 1, 1976, and ending Sept. 30,
1976, subsec. (b)(2) as (b)(4), and in subsec. (b)(4) as so
redesignated, substituted "such parent has remarried" for "he has
remarried", "with such parent's spouse" for "with his spouse",
"paid to such parent" for "paid to him" and "parent and such
parent's spouse" for "parent and his spouse".
Subsec. (c). Pub. L. 94-169, Sec. 201(3), increased, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976,
monthly rate of compensation from $86 to $93, substituted $1100 to
$1600 for $1100 to $2100, $1600 to $2400 for $2100 to $2500 and
$2400 to $3300 for $2500 to $3000, the minimum and maximum income
ranges for which the compensation rate will be reduced 4, 5 and 6
cents, respectively, increased from $4.00 to $5.00 the minimum
payable compensation, and increased from $3000 to $3300 the income
in excess of which no compensation will be paid.
Subsec. (d). Pub. L. 94-169, Sec. 201(3), increased, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, basic
rate of monthly compensation from $83 to $90, substituted $1000 to
$2300 for $1100 to $2500, $2300 to $3300 for $2500 to $3500 and
$3300 to $4500 for $3500 to $4200 the minimum and maximum income
ranges for which the compensation rate will be reduced by 2, 3, and
4 cents, respectively, struck out the income range of $1000 to
$1100 for which the reduction rate is 1 cent per dollar, increased
from $4.00 to $5.00 the minimum payable compensation, and increased
from $4200 to $4500 the income in excess of which no compensation
will be paid.
Subsec. (e). Pub. L. 94-169, Sec. 201(4), substituted, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "with
the Administrator" for "with him" and "prescribed by the
Administrator" for "prescribed by him".
Subsec. (f). Pub. L. 94-169, Sec. 201(5), substituted, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "the
Administrator shall deduct" for "he shall deduct".
Subsec. (g)(1)(J)(ii). Pub. L. 94-169, Sec. 201(6), substituted,
effective for period beginning Jan. 1, 1976, and ending Sept. 30,
1976, "such veteran's" for "his".
Subsec. (h). Pub. L. 94-169, Sec. 201(7), substituted, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "$69"
for "$64".
1974 - Subsec. (b)(1). Pub. L. 93-527, Sec. 7(1), substituted
"$123" for "$110", "$1000" for "$1100" wherever appearing, "$1300"
for "$1500" wherever appearing, "$1600" for "$1700" wherever
appearing, "$1800" for "$2000" wherever appearing, "$2000" for
"$2300" wherever appearing, and "$3000" for "$2600" wherever
appearing, and provided that in no event shall the monthly rate be
less than $4.00.
Subsec. (b)(2). Pub. L. 93-527, Sec. 7(1), reenacted par. (2)
without change.
Subsec. (c). Pub. L. 93-527, Sec. 7(2), substituted "$86" for
"$77", "$2100" for "$1400" wherever appearing, "$2500" for "$2300"
wherever appearing, "3000" for "2600" wherever appearing, and "4
cents", "5 cents" and "6 cents" for "3 cents", "4 cents" and "5
cents", and inserted provision that in no event shall the monthly
rate of dependency and indemnity compensation be less than $4.
Subsec. (d). Pub. L. 93-527, Sec. 7(3), substituted "$83" for
"$74", "$1,000" for "$1,200" wherever appearing, "$2500" for
"$2900" wherever appearing, and "3500" for "$3800", and inserted
provisions for reduction of 4 cents in the monthly rate for each
dollar of annual income in excess of $3500 up to and including
$4200, for not less than $4 for the monthly rate of dependency and
indemnity compensation, and raised the maximum combined income for
which compensation will be paid from $3800 to $4200.
Subsec. (h). Pub. L. 93-527, Sec. 7(4), substituted "$64" for
"$55".
1973 - Subsec. (b)(1). Pub. L. 93-177, Sec. 4(a), substituted
"$110" for "$100", "$1,100" for "$1,200", "$1,500" for "$1,600",
"$1,700" for "$1,900", "$2,000" for "$2,100", and "$2,300" for
"$2,600" in existing provisions and inserted provisions for a
reduction of 8 cents in the monthly rate for each $1 annual income
in excess of $2,300 up to and including $2,600.
Subsec. (b)(2). Pub. L. 93-177, Sec. 4(a), reenacted par. (2)
without change.
Subsec. (c). Pub. L. 93-177, Sec. 4(b), substituted "$77" for
"$70", "$1,400" for "$1,700", and "$2,300" for "$2,600" in existing
provisions and inserted provision for a reduction of 5 cents in the
monthly rate for each $1 of annual income in excess of $2,300 up to
and including $2,600.
Subsec. (d). Pub. L. 93-177, Sec. 4(c), substituted "$74" for
"$67", "$1,200" for "$1,300", and "$2,900" for "$3,400".
1972 - Subsec. (g)(1)(M). Pub. L. 92-425 substituted "subchapter
I of chapter 73 of title 10" for "chapter 73 of title 10".
1971 - Subsec. (b)(1). Pub. L. 92-197, Sec. 4(a), substituted
formula to measure monthly compensation rate of one parent by
specifying a maximum monthly rate for each group within designated
income category and each individual's monthly rate to be computed
by reducing the maximum monthly rate by a specified number of cents
for each dollar by which the minimum income limitation for that
group is exceeded, for table providing for income and benefit
rates, and increased the maximum income limit to $2,600 from
$2,300.
Subsec. (b)(2). Pub. L. 92-197, Sec. 4(a), substituted reference
to formula in subsecs. (b)(1) and (d), for reference to tables in
subsecs. (b)(1) and (d).
Subsec. (c). Pub. L. 92-197, Sec. 4(b), substituted formula to
measure dependency and indemnity compensation rates of two parents
not living together by specifying a maximum monthly rate for each
group within designated income category and each individual's
monthly rate to be computed by reducing the maximum monthly rate by
a specified number of cents for each dollar by which the minimum
income limitation for that group is exceeded, for table providing
for income and benefit rates, and increased the maximum income
limit to $2,600 from $2,300.
Subsec. (d). Pub. L. 92-197, Sec. 4(c), substituted formula to
measure dependency and indemnity compensation to two parents living
together or a remarried parent living with his spouse by specifying
a maximum monthly rate for each group within designated income
category and each individual's monthly rate to be computed by
reducing the maximum monthly rate by a specified number of cents
for each dollar by which the minimum income limitation for that
group is exceeded, for table providing for income and benefit
rates, and increased the maximum income limit to $3,800 from
$3,500.
Subsec. (g)(2), (3). Pub. L. 92-197, Sec. 4(d), redesignated par.
(2) as par. (3) and added par. (2).
Subsec. (h). Pub. L. 92-197, Sec. 4(e), added subsec. (h).
1970 - Subsec. (b)(1). Pub. L. 91-588, Sec. 2(a), provided new
annual income limits to measure monthly compensation of one parent
by adding minimum income limits of $2,000, $2,100, and $2,200 with
maximum limits of $2,100, $2,200, and $2,300 for monthly benefits
of $18, $12, and $10, respectively, and within existing annual
income limits from a maximum of $800 to a maximum of $2,000, as
well as the in-between limits set out in one-hundred dollar
increments, the applicable monthly benefit for each limit was
amended, respectively, by substituting in column II "$96" for
"$87", "94" for "81", "91" for "75", "87" for "69", "81" for "62",
"75" for "54", "69" for "46", "62" for "38", "54" for "31", "46"
for "25", "38" for "18", "31" for "12", and "25" for "10".
Subsec. (c). Pub. L. 91-588, Sec. 2(b), provided new annual
income limits to measure monthly compensation of two parents not
living together by adding minimum income limits of $2,000, $2,100,
and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for
monthly benefits of $14, $12, and $10, respectively, and within
existing annual income limits from a maximum of $800 to a maximum
of $2,000, as well as the in-between limits set out in one-hundred
dollar increments, the applicable monthly benefit for each limit
was amended, respectively, by substituting in column II "$66" for
"$58", "64" for "54", "61" for "50", "58" for "46", "54" for "41",
"50" for "35", "46" for "29", "41" for "23", "35" for "20", "29"
for "16", "23" for "12", "20" for "11", and "16" for "10".
Subsec. (d). Pub. L. 91-588, Sec. 2(c), provided new annual
income limits to measure monthly compensation of two parents living
together by adding minimum income limits of $3,200, $3,300, and
$3,400 with maximum limits of $3,300, $3,400, and $3,500 for
monthly benefits of $14, $12, and $10, respectively, and within
existing annual income limits from a maximum of $1,000 to a maximum
of $3,200, as well as the in-between limits set out in one-hundred
dollar increments, the applicable monthly benefit for each limit
was amended, respectively, by substituting in column II "$64" for
"$58", "62" for "56", "60" for "54", "58" for "52", "56" for "49",
"54" for "46", "52" for "44", "49" for "42", "46" for "40", "44"
for "38", "42" for "35", "40" for "33", "38" for "31", "35" for
"29", "33" for "26", "31" for "23", "29" for "21", "27" for "19",
"25" for "17", "23" for "15", "21" for "12", "19" for "11", and
"17" for "10".
Subsec. (e). Pub. L. 91-588, Sec. 2(d), exempted from filing
requirement any parent who has attained 72 years of age and has
been paid dependency and indemnity compensation during two
consecutive calendar years.
Subsec. (g)(1)(C). Pub. L. 91-588, Sec. 8(a), inserted reference
to first sentence of section 9(b) of the Veterans' Pension Act of
1959.
Subsec. (g)(1)(M). Pub. L. 91-588, Sec. 8(a), added subpar. (M).
1968 - Subsec. (b)(1). Pub. L. 90-275, Sec. 2(a), in providing
new annual income limits to measure monthly compensation of one
parent, reenacted minimum income limit of $800 for monthly benefit
of $87, struck out prohibition against payments when income is in
excess of $1,800, and substituted a sliding scale of payments based
on one hundred dollar increments from more than $800 to more than
$1,900 to $2,000 for payments of $81 to 10 for former sliding scale
based on limits of $800 to 1,100, $1,100 to 1,300, $1,300 to 1,500,
and $1,500 to 1,800 for payments of $69, $52, $35, and $18,
respectively.
Subsec. (c). Pub. L. 90-275, Sec. 2(b), in providing new annual
income limits to measure monthly compensation of two parents not
living together, reenacted minimum income limit of $800 for monthly
benefit of $58, struck out prohibition against payments when income
is in excess of $1,800, and substituted a sliding scale of payments
based on one hundred dollar increments from more than $800 to more
than $1,900 to $2,000 for payments of $54 to 10 for former sliding
scale based on limits of $800 to 1,100, $1,100 to 1,300, $1,300 to
1,500, and $1,500 to 1,800 for payments of $46, $35, $23, and $12,
respectively.
Subsec. (d). Pub. L. 90-275, Sec. 2(c), in providing new annual
income limits to measure monthly compensation of two parents living
together, reenacted minimum combined income limit of $1,000 for
monthly benefit of $58, struck out prohibition against payments
when income is in excess of $3,000, and substituted a sliding scale
of payments based on one hundred dollar increments from more than
$1,000 to $3,100 for payments of $56 to 11 for former sliding scale
based on five hundred dollar increments from more than $1,000 to
$3,000 for payments of $58, $46, $35, $23, and $12.
1966 - Subsec. (b). Pub. L. 89-730, Sec. 1(a), designated
existing subsection as par. (1), and in par. (1) as so designated,
substituted reference to subsec. (b)(2) for subsec. (d), amended
table by providing for increased indemnity compensation while
permitting the recipient to earn a higher maximum annual income,
and added par. (2).
Subsec. (c). Pub. L. 89-730, Sec. 1(b), amended table by
providing for increased indemnity compensation while permitting the
recipient to earn a higher maximum annual income.
Subsec. (d). Pub. L. 89-730, Sec. 1(c), amended table by
providing for increased indemnity compensation while permitting the
recipients to earn a higher combined maximum annual income.
Subsec. (g)(1). Pub. L. 89-730, Sec. 2, in cl. (C) struck out
"chapter 11" and substituted "chapters 11 and 15", and added cls.
(F) to (L).
1963 - Subsec. (b). Pub. L. 88-21, Sec. 4(a), substituted in
Column II of table "$83", "$66", "$50", "$33", and "$17" for "$75",
"$60", "$45", "$30", and "$15", respectively.
Subsecs. (c), (d). Pub. L. 88-21, Sec. 4(b), substituted in
Column II of tables "$55", "$44", "$33", "$22", and "$11" for "50",
"$40", "$30", "$20" and "$10", respectively.
1961 - Subsec. (g)(1)(C). Pub. L. 87-268 substituted "section
412(a)" for "section 412".
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111-37 effective Dec. 1, 2008, see section
3(g) of Pub. L. 111-37, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as
otherwise specifically provided, see section 802(f) of Pub. L. 96-
466, set out as an Effective Date note under section 5314 of this
title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section
302 of Pub. L. 95-204, set out as a note under section 1122 of this
title.
EFFECTIVE DATE OF 1976 AMENDMENT
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 201 of Pub. L. 94-169, as amended by section 101 of Pub.
L. 94-432, eff. Sept. 30, 1976, provided that the amendment made by
that section is effective Jan. 1, 1976.
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 1973 AMENDMENT
Amendment by Pub. L. 93-177 effective Jan. 1, 1974, see section 8
of Pub. L. 93-177, set out as a note under section 1521 of this
title.
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 sections 2(a)-(c) and 8(a) of Pub. L. 91-588,
effective Jan. 1, 1971, and amendment by section 2(d) of Pub. L. 91-
588, effective on Jan. 1, 1972, see section 10 of Pub. L. 91-588,
set out as a note under section 1521 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-275 effective Jan. 1, 1969, see section
6(a) of Pub. L. 90-275, set out as a note under section 1521 of
this title.
EFFECTIVE DATE OF 1966 AMENDMENT
Section 7 of Pub. L. 89-730 provided that:
"(a) Except section 6 [enacting and amending provisions set out
as notes under section 1976 of this title] and as otherwise
provided in subsection (b) of this section, this Act [amending this
section and sections 413, 414, and 3012 [now 1313, 1314, and 1512]
of this title] shall take effect on the first day of the second
calendar month following the date of enactment of this Act [Nov. 2,
1966].
"(b) Section 2 of this Act [amending this section] shall take
effect on January 1, 1967, but paragraph (G) of section 415(g)(1)
[now 1315(g)(1)], title 38, United States Code, as added by such
section 2, shall not apply to any parent receiving dependency and
indemnity compensation on December 31, 1966, or subsequently
determined entitled to that benefit for said day, until his
contributions to the described plans or programs have been
recouped."
EFFECTIVE DATE OF 1963 AMENDMENT
Amendment by Pub. L. 88-21 effective first day of second calendar
month beginning after May 15, 1963, see section 5 of Pub. L. 88-21,
set out as a note under section 1311 of this title.
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.
PENSION, DEPENDENCY, AND INDEMNITY COMPENSATION; RELATION TO SOCIAL
SECURITY AMENDMENTS OF 1967
Payments for balance of calendar year 1968 and calendar year
1969, calendar year 1970, and during each successive calendar year
at prescribed monthly rates when payments would be less under this
title as a result of increase in monthly insurance benefits
provided by Social Security Amendments of 1967, see section 3 of
Pub. L. 90-275, set out as a note under section 1521 of this title.
-End-
-CITE-
38 USC Sec. 1316 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION
-HEAD-
Sec. 1316. Dependency and indemnity compensation in cases of prior
deaths
-STATUTE-
(a)(1) Any person who is eligible as a surviving spouse or child
for death compensation by reason of a death occurring before
January 1, 1957, may receive dependency and indemnity compensation
upon application therefor.
(2) Any person who is eligible as a parent, or, but for such
person's annual income, would be eligible as a parent, for death
compensation by reason of a death occurring before January 1, 1957,
may receive dependency and indemnity compensation upon application
therefor; however, the annual income limitations established by
section 1315 of this title shall apply to each such parent.
(b)(1) Whenever the surviving spouse of a veteran has been
granted dependency and indemnity compensation by reason of this
section, payments to such surviving spouse and to the children of
the veteran shall thereafter be made under this chapter, and shall
not thereafter be made to them by reason of the death of the
veteran under (A) other provisions of law administered by the
Secretary providing for the payment of compensation or pension, or
(B) subchapter I of chapter 81 of title 5.
(2) Whenever the child or parent of any veteran is granted
dependency and indemnity compensation, payments shall not
thereafter be made to such child or parent by reason of the death
of the veteran under (A) other provisions of law administered by
the Secretary providing for the payment of compensation or pension,
or (B) subchapter I of chapter 81 of title 5.
(c) If children of a deceased individual are receiving death
compensation, and all such children have not applied for dependency
and indemnity compensation, (1) dependency and indemnity
compensation paid to each child who has applied therefor shall not
exceed the amounts which would be paid if the application had been
made by, or on behalf of, all such children, and (2) benefits paid
under other provisions of law administered by the Secretary
providing for the payment of compensation or pension, or under
subchapter I of chapter 81 of title 5, to each child who has not so
applied therefor shall not exceed the amounts which would be paid
to such child if no such application had been made.
(d) If there are two parents of a deceased individual eligible
for benefits by reason of subsection (a), and an application for
dependency and indemnity compensation is not made by both parents,
(1) dependency and indemnity compensation paid to the parent who
applies therefor shall not exceed the amounts which would be paid
to such parent if both parents had so applied, and (2) benefits
paid under other provisions of law administered by the Secretary
providing for the payment of compensation, or under subchapter I of
chapter 81 of title 5, to the parent who has not so applied
therefor shall not exceed the amounts which would be paid to such
parent if no such application had been made.
(e)(1) Except as provided in paragraphs (3) and (4), no person
who, on January 1, 1957, was a principal or contingent beneficiary
of any payments under the Servicemen's Indemnity Act of 1951 may
receive any such payments based upon the death giving rise to such
payments after such person has been granted dependency and
indemnity compensation based upon that death. No principal or
contingent beneficiary who has assigned such beneficiary's interest
in payments under the Servicemen's Indemnity Act of 1951 after June
28, 1956, may receive any payments under this chapter based upon
the death giving rise to such payments until the portion of the
indemnity so assigned is no longer payable to any person.
(2) Where a beneficiary is barred from the receipt of payments
under the Servicemen's Indemnity Act of 1951 by virtue of the first
sentence of paragraph (1), no payments of the portion of indemnity
in which such beneficiary had an interest shall be made to any
other beneficiary.
(3) In the case of a child who has applied for dependency and
indemnity compensation pursuant to this section or prior
corresponding provisions of law, and who is or becomes a
beneficiary under the Servicemen's Indemnity Act of 1951 by reason
of the death giving rise to such child's eligibility for dependency
and indemnity compensation, the Secretary shall determine and pay
to such child for each month, or part thereof, payments under this
chapter or under such Act, whichever payment the Secretary
determines to be the greater amount.
(4) Notwithstanding paragraph (2), where a child receives
dependency and indemnity compensation under this chapter, and
thereafter dies, the portion of servicemen's indemnity in which
such child had an interest may be paid (subject to paragraph (3))
to another child of the person by reason of whose death such
servicemen's indemnity was payable.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1130, Sec. 416; Pub. L. 94-
433, title IV, Sec. 405(11)-(16), Sept. 30, 1976, 90 Stat. 1380;
Pub. L. 97-295, Sec. 4(11), Oct. 12, 1982, 96 Stat. 1305;
renumbered Sec. 1316 and amended Pub. L. 102-83, Secs. 4(a)(1),
(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403-406.)
-REFTEXT-
REFERENCES IN TEXT
The Servicemen's Indemnity Act of 1951, referred to in subsec.
(e), is act Apr. 25, 1951, ch. 39, pt. I, 65 Stat. 33, as amended,
which was classified generally to subchapter II (Sec. 851 et seq.)
of chapter 13 of former Title 38, Pensions, Bonuses, and Veterans'
Relief, and was repealed by act Aug. 1, 1956, ch. 837, title V,
Sec. 502(9), 70 Stat. 886.
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 416 of this
title as this section.
Subsec. (a)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted "1315"
for "415".
Subsecs. (b) to (d). Pub. L. 102-83, Sec. 4(a)(1), substituted
"administered by the Secretary" for "administered by the Veterans'
Administration" wherever appearing.
Subsec. (e)(3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in two places.
1982 - Subsecs. (b)(1)(B), (2)(B), (c)(2), (d)(2). Pub. L. 97-295
substituted "subchapter I of chapter 81 of title 5" for "the
Federal Employees' Compensation Act" wherever appearing.
1976 - Subsec. (a). Pub. L. 94-433, Sec. 405(11), substituted
"surviving spouse" for "widow" in par. (1) and "such person's" for
"his" in par. (2).
Subsec. (b)(1). Pub. L. 94-433, Sec. 405(12), substituted
"surviving spouse" and "such surviving spouse" for "widow" and
"her", respectively.
Subsec. (c). Pub. L. 94-433, Sec. 405(13), substituted "paid to
such child" for "paid to him".
Subsec. (d). Pub. L. 94-433, Sec. 405(14), substituted "such
parent" for "him" in cls. (1) and (2).
Subsec. (e). Pub. L. 94-433, Sec. 405(15), (16), substituted
"such person" and "such beneficiary's" for "he" and "his",
respectively, in par. (1) and "such child's" and "the
Administrator" for "his" and "he", respectively, in par. (3).
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.
-End-
-CITE-
38 USC Sec. 1317 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION
-HEAD-
Sec. 1317. Restriction on payments under this chapter
-STATUTE-
(a) Except as provided in subsection (b), no person eligible for
dependency and indemnity compensation by reason of any death
occurring after December 31, 1956, shall be eligible by reason of
such death for any payments under (1) provisions of law
administered by the Secretary providing for the payment of death
compensation or death pension, or (2) subchapter I of chapter 81 of
title 5.
(b) A surviving spouse who is eligible for dependency and
indemnity compensation may elect to receive death pension instead
of such compensation.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1132, Sec. 417; Pub. L. 91-
291, Sec. 13(a), (b), June 25, 1970, 84 Stat. 332; Pub. L. 92-197,
Sec. 5, Dec. 15, 1971, 85 Stat. 662; Pub. L. 97-295, Sec. 4(11),
Oct. 12, 1982, 96 Stat. 1305; renumbered Sec. 1317 and amended Pub.
L. 102-83, Secs. 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406;
Pub. L. 103-446, title I, Sec. 111(a), Nov. 2, 1994, 108 Stat.
4654.)
-MISC1-
AMENDMENTS
1994 - Pub. L. 103-446 designated existing provisions as subsec.
(a), substituted "Except as provided in subsection (b), no person"
for "No person", and added subsec. (b).
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 417 of this
title as this section.
Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the
Secretary" for "administered by the Veterans' Administration".
1982 - Pub. L. 97-295 substituted "subchapter I of chapter 81 of
title 5" for "the Federal Employees' Compensation Act".
1971 - Pub. L. 92-197 struck out subsec. (a) which, among other
provisions, restricted payment of dependency and indemnity
compensation in certain cases where death of a veteran occurred
while United States Government life insurance or National Service
Life Insurance was in force under an in-service waiver of premiums
continued under section 724 of this title, and designated subsec.
(b) as entire section.
1970 - Subsec. (a). Pub. L. 91-291 designated material after
"unless" in first sentence as cl. (1), added cl. (2), and in last
sentence substituted "first sentence" for "preceding sentence".
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
Section 13(c) of Pub. L. 91-291 provided that: "No dependency and
indemnity compensation shall be payable to any person by virtue of
the amendments made by subsection (a) of this section [amending
this section] for any person prior to the effective date of this
Act [June 25, 1970]."
Section 14(a) of Pub. L. 91-291 provided that: "The amendments
made by this Act [amending this section and sections 705, 707, 745,
765, 767, 768, 769, 770, and 774 [now 1905, 1907, 1945, 1965, 1967,
1968, 1969, 1970, and 1974] of this title and enacting provisions
set out as notes under this section] shall take effect as of the
date of enactment [June 25, 1970], except that sections 10 and 12
[amending sections 717 and 752 [now 1917 and 1952] of this title]
shall take effect as of the first day of the first calendar month
which begins more than six calendar months after the date of
enactment of this Act [June 25, 1970]."
DEPENDENCY AND INDEMNITY COMPENSATION; ELIGIBILITY
Section 8 of Pub. L. 92-197 provided that: "Any person who before
January 1, 1972, was not eligible for dependency and indemnity
compensation under such title by reason of the provisions of the
prior section 417(a) of title 38, United States Code, may elect, in
such manner as the Administrator of Veterans' Affairs shall
prescribe, to receive dependency and indemnity compensation, and an
election so made shall be final. A person receiving, or entitled to
receive, death compensation on December 31, 1971, shall continue to
receive death compensation, if otherwise eligible, in the absence
of an election to receive dependency and indemnity compensation."
-End-
-CITE-
38 USC Sec. 1318 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION
-HEAD-
Sec. 1318. Benefits for survivors of certain veterans rated totally
disabled at time of death
-STATUTE-
(a) The Secretary shall pay benefits under this chapter to the
surviving spouse and to the children of a deceased veteran
described in subsection (b) of this section in the same manner as
if the veteran's death were service connected.
(b) A deceased veteran referred to in subsection (a) of this
section is a veteran who dies, not as the result of the veteran's
own willful misconduct, and who was in receipt of or entitled to
receive (or but for the receipt of retired or retirement pay was
entitled to receive) compensation at the time of death for a
service-connected disability rated totally disabling if -
(1) the disability was continuously rated totally disabling for
a period of 10 or more years immediately preceding death;
(2) the disability was continuously rated totally disabling for
a period of not less than five years from the date of such
veteran's discharge or other release from active duty; or
(3) the veteran was a former prisoner of war and the disability
was continuously rated totally disabling for a period of not less
than one year immediately preceding death.
(c) Benefits may not be paid under this chapter by reason of this
section to a surviving spouse of a veteran unless -
(1) the surviving spouse was married to the veteran for one
year or more immediately preceding the veteran's death; or
(2) a child was born of the marriage or was born to them before
the marriage.
(d) If a surviving spouse or a child receives any money or
property of value pursuant to an award in a judicial proceeding
based upon, or a settlement or compromise of, any cause of action
for damages for the death of a veteran described in subsection (a)
of this section, benefits under this chapter payable to such
surviving spouse or child by virtue of this section shall not be
paid for any month following a month in which any such money or
property is received until such time as the total amount of such
benefits that would otherwise have been payable equals the total of
the amount of the money received and the fair market value of the
property received.
(e) For purposes of sections 1448(d) and 1450(c) of title 10,
eligibility for benefits under this chapter by virtue of this
section shall be deemed eligibility for dependency and indemnity
compensation under section 1311(a) of this title.
-SOURCE-
(Added Pub. L. 100-687, div. B, title XIV, Sec. 1403(a)(1), Nov.
18, 1988, 102 Stat. 4130, Sec. 418; amended Pub. L. 101-237, title
I, Sec. 113, Dec. 18, 1989, 103 Stat. 2065; renumbered Sec. 1318
and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1),
Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 106-117, title V, Sec.
501(b), Nov. 30, 1999, 113 Stat. 1573; Pub. L. 106-419, title IV,
Sec. 404(a)(2), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 111-275,
title VI, Sec. 603(a), Oct. 13, 2010, 124 Stat. 2885.)
-MISC1-
AMENDMENTS
2010 - Subsec. (b)(3). Pub. L. 111-275 struck out "who died after
September 30, 1999," after "prisoner of war".
2000 - Subsec. (b)(3). Pub. L. 106-419 substituted "not less
than" for "not later than".
1999 - Subsec. (b). Pub. L. 106-117, Sec. 501(b)(1), substituted
"rated totally disabling if - " for "that either - " in
introductory provisions.
Subsec. (b)(1). Pub. L. 106-117, Sec. 501(b)(2), inserted "the
disability" after "(1)" and struck out "or" after "death;".
Subsec. (b)(2). Pub. L. 106-117, Sec. 501(b)(3), substituted "the
disability was continuously rated totally disabling" for "if so
rated for a lesser period, was so rated continuously" and
substituted "; or" for the period at the end.
Subsec. (b)(3). Pub. L. 106-117, Sec. 501(b)(4), added par. (3).
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 418 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted "1311(a)"
for "411(a)".
1989 - Subsec. (c)(1). Pub. L. 101-237 substituted "one year" for
"two years".
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111-275, title VI, Sec. 603(b), Oct. 13, 2010, 124 Stat.
2885, provided that: "The amendment made by subsection (a)
[amending this section] shall take effect on October 1, 2011."
-End-
-CITE-
38 USC SUBCHAPTER III - CERTIFICATIONS 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER III - CERTIFICATIONS
-HEAD-
SUBCHAPTER III - CERTIFICATIONS
-End-
-CITE-
38 USC Sec. 1321 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER III - CERTIFICATIONS
-HEAD-
Sec. 1321. Certifications with respect to pay grade
-STATUTE-
The Secretary concerned shall, at the request of the Secretary,
certify to the Secretary the pay grade of deceased persons with
respect to whose deaths applications for benefits are filed under
this chapter. The certification of the Secretary concerned shall be
binding upon the Secretary.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1132, Sec. 421; Pub. L. 91-
96, Sec. 4, Oct. 27, 1969, 83 Stat. 145; Pub. L. 94-433, title IV,
Sec. 405(17), Sept. 30, 1976, 90 Stat. 1380; renumbered Sec. 1321
and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6,
1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 421 of this
title as this section.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary,
certify to the Secretary" for "Administrator, certify to the
Administrator" and "upon the Secretary" for "upon the
Administrator".
1976 - Pub. L. 94-433 substituted "to the Administrator" for "to
him".
1969 - Pub. L. 91-96 substituted "Certifications with respect to
pay grade" for "Certifications with respect to basic pay" in
section catchline and substituted provisions authorizing
certifications with respect to the pay grade of deceased persons
for provisions authorizing certifications with respect to the basic
pay of deceased persons, considering rank or grade and cumulative
years of service for pay purposes, and struck out the provision
requiring the adjustment of basic pay as determined by this chapter
whenever basic pay (as defined under the former provisions of
section 401 of this title) is adjusted.
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 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.
-End-
-CITE-
38 USC Sec. 1322 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER III - CERTIFICATIONS
-HEAD-
Sec. 1322. Certifications with respect to social security
entitlement
-STATUTE-
(a) Determinations required by section 1312(a) of this title
(other than a determination required by section 1312(a)(2) of this
title) as to whether any survivor described in section 1312(a)(3)
of this title of a deceased individual would be entitled to
benefits under section 202 of the Social Security Act (42 U.S.C.
402) for any month and as to the amount of the benefits which would
be paid for such month, if the deceased veteran had been a fully
and currently insured individual at the time of such veteran's
death, shall be made by the Commissioner of Social Security, and
shall be certified by the Commissioner to the Secretary upon
request of the Secretary.
(b) The Secretary shall pay to the Commissioner of Social
Security an amount equal to the costs which will be incurred in
making determinations and certifications under subsection (a). Such
payments shall be made with respect to the costs incurred during
such period (but not shorter than a calendar quarter) as the
Secretary and the Commissioner may prescribe, with the amount of
such payments to be made on the basis of estimates made by the
Commissioner after consultation with the Secretary. The amount
payable for any period shall be increased or reduced to compensate
for any underpayment or overpayment, as the case may be, of the
costs incurred in any preceding period.
(c) Except with respect to determinations made under subsection
(a) of this section, the Secretary shall prescribe such regulations
as may be necessary to carry out the provisions of this section and
section 1312(a) of this title.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1132, Sec. 422; Pub. L. 87-
268, Sec. 1(b), (c), Sept. 21, 1961, 75 Stat. 566; Pub. L. 94-433,
title IV, Sec. 405(18), Sept. 30, 1976, 90 Stat. 1380; Pub. L. 97-
295, Sec. 4(12), (95)(A), Oct. 12, 1982, 96 Stat. 1305, 1313;
renumbered Sec. 1322 and amended Pub. L. 102-83, Secs. 4(b)(1),
(2)(A), (E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L.
108-183, title VII, Sec. 708(c)(1), Dec. 16, 2003, 117 Stat. 2673.)
-MISC1-
AMENDMENTS
2003 - Subsec. (a). Pub. L. 108-183, Sec. 708(c)(1)(A),
substituted "Commissioner of Social Security, and shall be
certified by the Commissioner to the Secretary upon request of the
Secretary." for "Secretary of Health and Human Services, and shall
be certified by such Secretary to the Secretary of Veterans Affairs
upon request of the Secretary of Veterans Affairs."
Subsec. (b). Pub. L. 108-183, Sec. 708(c)(1)(B), substituted
"Commissioner of Social Security" for "Secretary of Health and
Human Services" in first sentence and substituted "the Secretary
and the Commissioner" for "the two Secretaries" and "Commissioner"
for "Secretary of Health and Human Services" in second sentence.
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 422 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1312(a)"
for "412(a)", "1312(a)(2)" for "412(a)(2)", "1312(a)(3)" for
"412(a)(3)".
Pub. L. 102-83, Sec. 4(b)(2)(A)(i), substituted "Secretary of
Veterans Affairs" for "Administrator" in two places.
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(2)(A)(ii), substituted
"The Secretary shall pay to the Secretary of Health and Human
Services" for "Upon the basis of estimates made by the Secretary of
Health and Human Services after consultation with the
Administrator, the Administrator shall pay to the Secretary" and
"as the two Secretaries may prescribe, with the amount of such
payments to be made on the basis of estimates made by the Secretary
of Health and Human Services after consultation with the Secretary"
for "as the Secretary and the Administrator may prescribe".
Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1312(a)"
for "412(a)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
1982 - Subsec. (a). Pub. L. 97-295, Sec. 4(12), (95)(A),
substituted "section 202 of the Social Security Act (42 U.S.C.
402)" for "section 402 of title 42", and "Health and Human
Services" for "Health, Education, and Welfare".
Subsec. (b). Pub. L. 97-295, Sec. 4(95)(A), substituted "Health
and Human Services" for "Health, Education, and Welfare".
1976 - Subsec. (a). Pub. L. 94-433 substituted "such veteran's"
and "such Secretary" for "his" and "him", respectively.
1961 - Subsec. (a). Pub. L. 87-268 Sec. 1(c), substituted
"section 412(a)" for "section 412", "section 412(a)(2)" for
"section 412(2)", and "section 412(a)(3)" for "section 412(3)".
Subsec. (c). Pub. L. 87-268, Sec. 1(b), substituted "section
412(a)" for "section 412".
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 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.
-End-
-CITE-
38 USC Sec. 1323 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR
SERVICE-CONNECTED DEATHS
SUBCHAPTER III - CERTIFICATIONS
-HEAD-
Sec. 1323. Certifications with respect to circumstances of death
-STATUTE-
Whenever the Secretary determines on the basis of a claim for
benefits filed with the Secretary that a death occurred under the
circumstances referred to in section 1476(a) of title 10, the
Secretary shall certify that fact to the Secretary concerned. In
all other cases, the Secretary shall make the determination
referred to in such section at the request of the Secretary
concerned.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1133, Sec. 423; Pub. L. 94-
433, title IV, Sec. 405(19), Sept. 30, 1976, 90 Stat. 1380; Pub.
L. 102-54, Sec. 14(b)(4), June 13, 1991, 105 Stat. 283; renumbered
Sec. 1323 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E),
(3)(A), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
PRIOR PROVISIONS
Prior sections 1401, 1402, 1411 to 1419, 1421 to 1423, 1431 to
1436, and 1500 were renumbered sections 3001, 3002, 3011 to 3019,
3021 to 3023, 3031 to 3036, and 3100 of this title, respectively.
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 423 of this
title as this section.
Pub. L. 102-83, Sec. 4(b)(3)(A), substituted "Certifications with
respect to circumstances of death" for "Certifications by
Administrator" in section catchline.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary
determines" for "Administrator determines", "Secretary that" for
"Administrator that", and in two places "Secretary shall" for
"Administrator shall".
Pub. L. 102-54 struck out "or section 321(b) of title 32," after
"title 10," and "1476(a) or 321(b)" after "such section".
1976 - Pub. L. 94-433 substituted "with the Administrator" for
"with him" and "the Administrator" for "he" before "shall certify"
and "shall make".
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.
-End-
-CITE-
38 USC CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED
DISABILITY OR DEATH OR FOR SERVICE 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
-MISC1-
SUBCHAPTER I - GENERAL
Sec.
1501. Definitions.
1502. Determinations with respect to disability.
1503. Determinations with respect to annual income.
1504. Persons heretofore having a pensionable status.
1505. Payment of pension during confinement in penal
institutions.
1506. Resource reports and overpayment adjustments.
1507. Disappearance.
1508. Frequency of payment of pension benefits.
SUBCHAPTER II - VETERANS' PENSIONS
SERVICE PENSION
1511. Indian War veterans.
1512. Spanish-American War veterans.
1513. Veterans 65 years of age and older.
NON-SERVICE-CONNECTED DISABILITY PENSION
1521. Veterans of a period of war.
1522. Net worth limitation.
1523. Combination of ratings.
1524. Vocational training for certain pension recipients.
1525. Protection of health-care eligibility.
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
WARS BEFORE WORLD WAR I
1532. Surviving spouses of Civil War veterans.
1533. Children of Civil War veterans.
1534. Surviving spouses of Indian War veterans.
1535. Children of Indian War veterans.
1536. Surviving spouses of Spanish-American War veterans.
1537. Children of Spanish-American War veterans.
OTHER PERIODS OF WAR
1541. Surviving spouses of veterans of a period of war.
1542. Children of veterans of a period of war.
1543. Net worth limitation.
SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF
HONOR ROLL
1560. Medal of Honor Roll; persons eligible.
1561. Certificate.
1562. Special provisions relating to pension.
AMENDMENTS
2001 - Pub. L. 107-103, title II, Sec. 207(a)(2), Dec. 27, 2001,
115 Stat. 991, added item 1513.
1992 - Pub. L. 102-568, title IV, Secs. 402(c)(2)(B), 403(b)(2),
Oct. 29, 1992, 106 Stat. 4337, 4338, substituted "Vocational
training for certain pension recipients" for "Temporary program of
vocational training for certain new pension recipients" in item
1524 and "Protection" for "Temporary protection" in item 1525.
1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406,
renumbered items 501 to 562 as 1501 to 1562, respectively.
Pub. L. 102-25, title III, Sec. 333(c)(2), Apr. 6, 1991, 105
Stat. 88, substituted "Other Periods of War" for "Mexican Border
Period, World War I, World War II, Korean Conflict, and the Vietnam
Era" as subheading preceding item 541.
1986 - Pub. L. 99-576, title VII, Sec. 703(b)(3), Oct. 28, 1986,
100 Stat. 3303, inserted "program of" after "Temporary" in item
524.
1984 - Pub. L. 98-543, title III, Sec. 301(a)(2), Oct. 24, 1984,
98 Stat. 2746, added items 524 and 525.
1982 - Pub. L. 97-295, Sec. 4(14), Oct. 12, 1982, 96 Stat. 1305,
substituted "Honor Roll" for "honor roll" in item 560.
1978 - Pub. L. 95-588, title I, Secs. 104(b), 106(b), 109(b),
110(b), 112(b), Nov. 4, 1978, 92 Stat. 2499, 2502, 2504, 2505,
added item 508, substituted "Veterans of a period of war" for
"Veterans of the Mexican border period, World War I, World War II,
the Korean conflict, or the Vietnam era" in item 521, substituted
"Surviving spouses of veterans of a period of war" for "Surviving
spouses of Mexican border period, World War I, World War II, Korean
conflict, or Vietnam era veterans" in item 541, substituted
"Children of veterans of a period of war" for "Children of Mexican
border period, World War I, World War II, Korean conflict, or
Vietnam era veterans" in item 542, struck out heading "Surviving
Spouses of Veterans of All Periods of War" following item 543, and
struck out item 544.
1975 - Pub. L. 94-169, title I, Secs. 101(2)(J), 106(24), (30),
(38), Dec. 23, 1975, 89 Stat. 1014, 1018, 1019, struck out items
510 relating to confederate forces veterans, and 531 relating to
widows of Mexican War veterans, substituted "Surviving Spouses" for
"Widows" in heading of Subchapter III and subheading preceding item
544, and substituted "Surviving spouses" for "Widows" in items 532,
534, 536 and 541.
1970 - Pub. L. 91-588, Sec. 9(h), Dec. 24, 1970, 84 Stat. 1585,
inserted references to the Mexican border period in subheading
preceding item 541 and in items 521, 541, and 542, respectively.
1967 - Pub. L. 90-77, title I, Sec. 108(b), title II, Sec.
202(i), Aug. 31, 1967, 81 Stat. 180, 183, added item 544 and
included references to Vietnam era in subheading preceding item 541
and in items 521, 541, and 542, respectively.
1966 - Pub. L. 89-467, Sec. 1(b), June 22, 1966, 80 Stat. 218,
added item 507.
1963 - Pub. L. 88-77, Sec. 5(3), July 25, 1963, 77 Stat. 96,
substituted "ARMY, NAVY, AIR FORCE, AND COAST GUARD" for "ARMY,
NAVY, AND AIR FORCE", in heading of Subchapter IV.
1961 - Pub. L. 87-138, Sec. 2(b), Aug. 14, 1961, 75 Stat. 339,
struck out "entitling holder to pension" after "Certificate" in
item 561.
1959 - Pub. L. 86-211, Sec. 7(a), Aug. 29, 1959, 73 Stat. 436,
substituted "Determinations with respect to annual income" for
"Items not considered in determining income" in item 503, "Net
worth limitation" for "Income limitations" in item 522, and "Net
worth limitation" for "Widows of World War II or Korean conflict
veterans" in item 543, included widows of World War II and Korean
conflict veterans in item 541 and children of World War II and
Korean conflict veterans in item 542, added item 506, and struck
out items 544 and 545 which related to children of World War II or
Korean conflict veterans and to income limitations.
-End-
-CITE-
38 USC SUBCHAPTER I - GENERAL 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
SUBCHAPTER I - GENERAL
-End-
-CITE-
38 USC Sec. 1501 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
Sec. 1501. Definitions
-STATUTE-
For the purposes of this chapter -
(1) The term "Indian Wars" means the campaigns, engagements, and
expeditions of the United States military forces against Indian
tribes or nations, service in which has been recognized heretofore
as pensionable service.
(2) The term "World War I" includes, in the case of any veteran,
any period of service performed by such veteran after November 11,
1918, and before July 2, 1921, if such veteran served in the active
military, naval, or air service after April 5, 1917, and before
November 12, 1918.
(3) The term "Civil War veteran" includes a person who served in
the military or naval forces of the Confederate States of America
during the Civil War, and the term "active military or naval
service" includes active service in those forces.
(4) The term "period of war" means the Mexican border period,
World War I, World War II, the Korean conflict, the Vietnam era,
the Persian Gulf War, and the period beginning on the date of any
future declaration of war by the Congress and ending on the date
prescribed by Presidential proclamation or concurrent resolution of
the Congress.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 501; Pub. L. 94-
169, title I, Sec. 106(1), Dec. 23, 1975, 89 Stat. 1017; Pub. L.
95-588, title I, Sec. 101, Nov. 4, 1978, 92 Stat. 2497; Pub. L. 102-
25, title III, Sec. 333(a), Apr. 6, 1991, 105 Stat. 88; renumbered
Sec. 1501, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)
-MISC1-
PRIOR PROVISIONS
Prior sections 1500 and 1501 were renumbered sections 3100 and
3101 of this title, respectively.
Another prior section 1501, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1171; Pub. L. 93-508, title I, Sec. 101(1), Dec. 3, 1974, 88
Stat. 1578, defined "World War II" and "vocational rehabilitation"
for purposes of chapter 31 of this title, prior to the general
revision of chapter 31 of this title by Pub. L. 96-466. Section
802(a)(3) of Pub. L. 96-466, set out as an Effective Date note
under section 3100 of this title, provided that this prior section
1501 continue in effect until Mar. 31, 1981.
AMENDMENTS
1991 - Pub. L. 102-83 renumbered section 501 of this title as
this section.
Par. (4). Pub. L. 102-25 inserted "the Persian Gulf War," after
"the Vietnam era,".
1978 - Par. (4). Pub. L. 95-588 added par. (4).
1975 - Par. (2). Pub. L. 94-169 substituted "such veteran" for
"him".
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
PENSION PROGRAM FOR NONSERVICE-CONNECTED DISABILITY OR DEATH;
REPORT BY ADMINISTRATOR
Pub. L. 94-432, title IV, Sec. 404, Sept. 30, 1976, 90 Stat.
1372, provided that, due to certain insufficiencies in pension
program for nonservice-connected disability or death authorized by
this chapter, and lack of sufficient long-range information as to
actual and anticipated financial characteristics of potential
pensioners and their families upon which to estimate costs of
existing alternative pension programs, it was necessary for
Administrator of Veterans' Affairs to study existing and
alternative nonservice-connected pension programs and to submit a
report to Congress and the President not later than Oct. 1, 1977,
on alternative courses of legislative and administrative action and
long-range cost estimates therefor.
STUDY OF NEEDS AND PROBLEMS OF VETERANS AND THEIR WIDOWS
SEVENTY-TWO YEARS OF AGE OR OLDER; REPORT BY ADMINISTRATOR
Pub. L. 93-527, Sec. 8, Dec. 21, 1974, 88 Stat. 1705, directed
Administrator of Veterans' Affairs to study needs and problems of
veterans and their widows seventy-two years of age or older and
required him to report to Congress and President not later than one
hundred and eighty days after convening of Ninety-fourth Congress
results of study together with any recommendations for legislative
or administrative action.
-End-
-CITE-
38 USC Sec. 1502 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
Sec. 1502. Determinations with respect to disability
-STATUTE-
(a) For the purposes of this chapter, a person shall be
considered to be permanently and totally disabled if such person is
any of the following:
(1) A patient in a nursing home for long-term care because of
disability.
(2) Disabled, as determined by the Commissioner of Social
Security for purposes of any benefits administered by the
Commissioner.
(3) Unemployable as a result of disability reasonably certain
to continue throughout the life of the person.
(4) Suffering from -
(A) any disability which is sufficient to render it
impossible for the average person to follow a substantially
gainful occupation, but only if it is reasonably certain that
such disability will continue throughout the life of the
person; or
(B) any disease or disorder determined by the Secretary to be
of such a nature or extent as to justify a determination that
persons suffering therefrom are permanently and totally
disabled.
(b) For the purposes of this chapter, a person shall be
considered to be in need of regular aid and attendance if such
person is (1) a patient in a nursing home or (2) blind, or so
nearly blind or significantly disabled as to need or require the
regular aid and attendance of another person.
(c) For the purposes of this chapter, the requirement of
"permanently housebound" will be considered to have been met when
the veteran is substantially confined to such veteran's house (ward
or clinical areas, if institutionalized) or immediate premises due
to a disability or disabilities which it is reasonably certain will
remain throughout such veteran's lifetime.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 502; Pub. L. 88-
664, Sec. 6(b), Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90-77, title
I, Sec. 102, Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-169, title I,
Sec. 106(2), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 94-432, title
II, Sec. 201, Sept. 30, 1976, 90 Stat. 1369; Pub. L. 101-508, title
VIII, Sec. 8002(a), Nov. 5, 1990, 104 Stat. 1388-342; renumbered
Sec. 1502 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),
Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 107-103, title II, Sec.
206(a), Dec. 27, 2001, 115 Stat. 990; Pub. L. 109-233, title V,
Sec. 502(3), June 15, 2006, 120 Stat. 415.)
-MISC1-
PRIOR PROVISIONS
Prior section 1502 was renumbered section 3102 of this title.
Another prior section 1502, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1171; Pub. L. 86-721, Sec. 3, Sept. 8, 1960, 74 Stat. 820;
Pub. L. 87-815, Sec. 7, Oct. 15, 1962, 76 Stat. 927; Pub. L. 89-
138, Sec. 2(2), Aug. 26, 1965, 79 Stat. 578; Pub. L. 90-631, Sec.
1(a), Oct. 23, 1968, 82 Stat. 1331; Pub. L. 92-540, title I, Sec.
101(1), title III, Sec. 301, Oct. 24, 1972, 86 Stat. 1074, 1080;
Pub. L. 93-508, title I, Sec. 101(2), Dec. 3, 1974, 88 Stat. 1578;
Pub. L. 94-502, title I, Sec. 104(1), Oct. 15, 1976, 90 Stat. 2384,
related to the basic entitlement of veterans with service-connected
disabilities to vocational rehabilitation under chapter 31 of this
title, prior to the general revision of chapter 31 of this title by
Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96-466, set out as an
Effective Date note under section 3100 of this title, provided that
this prior section 1502 continue in effect until Mar. 31, 1981.
Prior section 1502A, Pub. L. 87-591, Sec. 1, Aug. 16, 1962, 76
Stat. 393, which related to vocational rehabilitation for blinded
veterans, was repealed by Pub. L. 89-138, Sec. 2(3), Aug. 26, 1965,
79 Stat. 578.
AMENDMENTS
2006 - Subsec. (b)(2). Pub. L. 109-233 substituted "blind, or so
nearly blind or significantly disabled as to" for "helpless or
blind, or so nearly helpless or blind as to".
2001 - Subsec. (a). Pub. L. 107-103 substituted "such person is
any of the following:" and pars. (1) to (4) for "such a person is
unemployable as a result of disability reasonably certain to
continue throughout the life of the disabled person, or is
suffering from -
"(1) any disability which is sufficient to render it impossible
for the average person to follow a substantially gainful
occupation, but only if it is reasonably certain that such
disability will continue throughout the life of the disabled
person; or
"(2) any disease or disorder determined by the Secretary to be
of such a nature or extent as to justify a determination that
persons suffering therefrom are permanently and totally
disabled."
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 502 of this
title as this section.
Subsec. (a)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
1990 - Subsec. (a). Pub. L. 101-508 amended introductory
provisions generally. Prior to amendment, introductory provisions
read as follows: "For the purposes of this chapter, a person shall
be considered to be permanently and totally disabled if such person
is sixty-five years of age or older or became unemployable after
age 65, or suffering from - ".
1976 - Subsec. (a). Pub. L. 94-432 inserted "or became
unemployable after age 65," after "or older".
1975 - Subsecs. (a) and (b). Pub. L. 94-169 substituted "such
person" for "he".
Subsec. (c). Pub. L. 94-169 substituted "such veteran's" for
"his" wherever appearing.
1967 - Subsec. (a). Pub. L. 90-77, Sec. 102(a), provided for
consideration of a person sixty-five years of age or older as
permanently and totally disabled.
Subsec. (b). Pub. L. 90-77, Sec. 102(b), added cl. (1) and
designated existing provisions as cl. (2).
1964 - Subsec. (c). Pub. L. 88-664 added subsec. (c).
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107-103, title II, Sec. 206(b), Dec. 27, 2001, 115 Stat.
991, provided that: "The amendment made by subsection (a) [amending
this section] shall take effect as of September 17, 2001."
EFFECTIVE DATE OF 1990 AMENDMENT
Section 8002(b) of Pub. L. 101-508 provided that: "The amendment
made by subsection (a) [amending this section] shall apply with
respect to claims filed after October 31, 1990."
EFFECTIVE DATE OF 1976 AMENDMENT
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 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
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 1964 AMENDMENT
Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section
11 of Pub. L. 88-664, set out as a note under section 1503 of this
title.
-End-
-CITE-
38 USC Sec. 1503 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
Sec. 1503. Determinations with respect to annual income
-STATUTE-
(a) In determining annual income under this chapter, all payments
of any kind or from any source (including salary, retirement or
annuity payments, or similar income, which has been waived,
irrespective of whether the waiver was made pursuant to statute,
contract, or otherwise) shall be included except -
(1) donations from public or private relief or welfare
organizations;
(2) payments under this chapter;
(3) amounts equal to amounts paid by a spouse of a veteran for
the expenses of such veteran's last illness, and by a surviving
spouse or child of a deceased veteran for -
(A) such veteran's just debts,
(B) the expenses of such veteran's last illness, and
(C) the expenses of such veteran's burial to the extent such
expenses are not reimbursed under chapter 23 of this title;
(4) amounts equal to amounts paid -
(A) by a veteran for the last illness and burial of such
veteran's deceased spouse or child, or
(B) by the spouse of a living veteran or the surviving spouse
of a deceased veteran for the last illness and burial of a
child of such veteran;
(5) reimbursements of any kind for any casualty loss (as
defined in regulations which the Secretary shall prescribe), but
the amount excluded under this clause may not exceed the greater
of the fair market value or reasonable replacement value of the
property involved at the time immediately preceding the loss;
(6) profit realized from the disposition of real or personal
property other than in the course of a business;
(7) amounts in joint accounts in banks and similar institutions
acquired by reason of death of other joint owner;
(8) amounts equal to amounts paid by a veteran, veterans'
spouse, or surviving spouse or by or on behalf of a veteran's
child for unreimbursed medical expenses, to the extent that such
amounts exceed 5 percent of the maximum annual rate of pension
(including any amount of increased pension payable on account of
family members but not including any amount of pension payable
because a person is in need of regular aid and attendance or
because a person is permanently housebound) payable to such
veteran, surviving spouse, or child;
(9) in the case of a veteran or surviving spouse pursuing a
course of education or vocational rehabilitation or training,
amounts equal to amounts paid by such veteran or surviving spouse
for such course of education or vocational rehabilitation or
training, including (A) amounts paid for tuition, fees, books,
and materials, and (B) in the case of such a veteran or surviving
spouse in need of regular aid and attendance, unreimbursed
amounts paid for unusual transportation expenses in connection
with the pursuit of such course of education or vocational
rehabilitation or training, to the extent that such amounts
exceed the reasonable expenses which would have been incurred by
a nondisabled person using an appropriate means of transportation
(public transportation, if reasonably available);
(10) in the case of a child, any current-work income received
during the year, to the extent that the total amount of such
income does not exceed an amount equal to the sum of -
(A) the lowest amount of gross income for which an income tax
return is required under section 6012(a) of the Internal
Revenue Code of 1986, to be filed by an individual who is not
married (as determined under section 7703 of such Code), is not
a surviving spouse (as defined in section 2(a) of such Code),
and is not a head of household (as defined in section 2(b) of
such Code); and
(B) if the child is pursuing a course of postsecondary
education or vocational rehabilitation or training, the amount
paid by such child for such course of education or vocational
rehabilitation or training, including the amount paid for
tuition, fees, books, and materials;
(11) payment of a monetary amount of up to $5,000 to a veteran
from a State or municipality that is paid as a veterans' benefit
due to injury or disease; and
(12) lump-sum proceeds of any life insurance policy on a
veteran, for purposes of pension under subchapter III of this
chapter.
(b) Where a fraction of a dollar is involved, annual income shall
be fixed at the next lower dollar.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 503; Pub. L. 86-
211, Sec. 2(a), Aug. 29, 1959, 73 Stat. 432; Pub. L. 87-268, Sec.
1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 88-664, Sec. 1, Oct.
13, 1964, 78 Stat. 1094; Pub. L. 90-77, title I, Sec. 103, Aug. 31,
1967, 81 Stat. 178; Pub. L. 91-588, Sec. 7, Dec. 24, 1970, 84 Stat.
1584; Pub. L. 92-198, Sec. 2, Dec. 15, 1971, 85 Stat. 664; Pub. L.
92-425, Sec. 6(2), Sept. 21, 1972, 86 Stat. 713; Pub. L. 94-169,
title I, Secs. 101(2)(A), 106(3)-(8), Dec. 23, 1975, 89 Stat. 1013,
1017; Pub. L. 95-588, title I, Sec. 102, Nov. 4, 1978, 92 Stat.
2497; Pub. L. 97-295, Sec. 4(13), Oct. 12, 1982, 96 Stat. 1305;
Pub. L. 100-687, div. B, title XIV, Sec. 1402(b), Nov. 18, 1988,
102 Stat. 4130; Pub. L. 102-54, Sec. 14(b)(5), June 13, 1991, 105
Stat. 283; renumbered Sec. 1503 and amended Pub. L. 102-83, Secs.
4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 108-
454, title III, Sec. 303, Dec. 10, 2004, 118 Stat. 3611; Pub. L.
111-275, title VI, Sec. 604(a), Oct. 13, 2010, 124 Stat. 2885.)
-REFTEXT-
REFERENCES IN TEXT
Sections 2, 6012(a), and 7703 of the Internal Revenue Code of
1986, referred to in subsec. (a)(10)(A), are classified to sections
2, 6012(a), and 7703 of Title 26, Internal Revenue Code,
respectively.
-MISC1-
PRIOR PROVISIONS
Prior section 1503 was renumbered section 3103 of this title.
Another prior section 1503, added Pub. L. 89-138, Sec. 1, Aug.
26, 1965, 79 Stat. 577; amended Pub. L. 91-24, Sec. 8, June 11,
1969, 83 Stat. 34; Pub. L. 94-502, title I, Secs. 102, 104(2), (3),
Oct. 15, 1976, 90 Stat. 2384, related to periods of eligibility for
vocational rehabilitation under chapter 31 of this title, prior to
the general revision of chapter 31 of this title by Pub. L. 96-466.
Section 802(a)(3) of Pub. L. 96-466, set out as an Effective Date
note under section 3100 of this title, provided that this prior
section 1503 continue in effect until Mar. 31, 1981.
Another prior section 1503, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1171, was renumbered 1511 by Pub. L. 89-138, Sec. 2(4), Aug.
26, 1965, 79 Stat. 578.
AMENDMENTS
2010 - Subsec. (a)(11), (12). Pub. L. 111-275 added par. (11) and
redesignated former par. (11) as (12).
2004 - Subsec. (a)(11). Pub. L. 108-454 added par. (11).
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 503 of this
title as this section.
Subsec. (a)(5). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Subsec. (a)(8). Pub. L. 102-54, Sec. 14(b)(5)(A), substituted
"percent" for "per centum".
Subsec. (a)(10)(A). Pub. L. 102-54, Sec. 14(b)(5)(B), substituted
"Internal Revenue Code of 1986" for "Internal Revenue Code of 1954
(26 U.S.C. 6012(a))" and "section 7703" for "section 143".
1988 - Subsec. (a)(5). Pub. L. 100-687 amended par. (5)
generally. Prior to amendment, par. (5) read as follows: "proceeds
of fire insurance policies;".
1982 - Subsec. (a)(10)(A). Pub. L. 97-295 inserted "(26 U.S.C.
6012(a))" after "Code of 1954".
1978 - Subsec. (a)(1). Pub. L. 95-588, Sec. 102(a)(1), (2),
redesignated par. (2) as (1) and struck out former par. (1) which
related to payments of six-months death gratuity.
Subsec. (a)(2). Pub. L. 95-588, Sec. 102(a)(3), redesignated par.
(3) as (2) and, as so redesignated, struck out ", and chapters 11
and 13 (except section 412(a)) of this title" after "chapter".
Former par. (2) redesignated (1).
Subsec. (a)(3). Pub. L. 95-588, Sec. 102(a)(5), redesignated par.
(7) as (3). Former par. (3) redesignated (2).
Subsec. (a)(4). Pub. L. 95-588, Sec. 102(a)(4), (6), added par.
(4) and struck out former par. (4) which related to payments under
servicemen's life insurance or servicemen's indemnity.
Subsec. (a)(5). Pub. L. 95-588, Sec. 102(a)(4), (7), redesignated
par. (8) as (5) and struck out former par. (5) which related to
lump sum death payments.
Subsec. (a)(6). Pub. L. 95-588, Sec. 102(a)(4), (9), redesignated
par. (10) as (6) and struck out former par. (6) which related to
the ten per cent exclusion for individuals under public or private
retirement, annuity, endowment, or similar programs.
Subsec. (a)(7). Pub. L. 95-588, Sec. 102(a)(11), redesignated
par. (15) as (7). Former par. (7) redesignated (3).
Subsec. (a)(8). Pub. L. 95-588, Sec. 102(a)(13), added par. (8).
Former par. (8) redesignated (5).
Subsec. (a)(9). Pub. L. 95-588, Sec. 102(a)(8), (13), added par.
(9) and struck out former par. (9) which related to payments for
final illness and burial.
Subsec. (a)(10). Pub. L. 95-588, Sec. 102(a)(13), added par.
(10). Former subsec. (10) redesignated (6).
Subsec. (a)(11) to (14). Pub. L. 95-588, Sec. 102(a)(10), struck
out pars. (11) to (14) which related to payments for discharge of
jury duty, educational assistance allowances, bonuses based on
service in the Armed Forces, and indebtednesses secured by
mortgages, respectively.
Subsec. (a)(15). Pub. L. 95-588, Sec. 102(a)(11), redesignated
par. (15) as (7).
Subsec. (a)(16), (17). Pub. L. 95-588, Sec. 102(a)(12), struck
out pars. (16) and (17) which related to payments received by
retired persons and payments of annuities, respectively.
Subsec. (c). Pub. L. 95-588, Sec. 102(b), struck out former
subsec. (c) which related to the power of the Administrator to
exclude from income amounts paid by a veteran, surviving spouse, or
child for unusual medical expenses.
1975 - Subsec. (a)(7). Pub. L. 94-169, Sec. 106(3), (4),
substituted "spouse" for "wife", "such veteran's" for "his" and
"surviving spouse" for "widow" in introductory clause and "such
veteran's" for "his" in subcls. (A), (B) and (C).
Subsec. (a)(9). Pub. L. 94-169, Sec. 106(5), substituted "such
veteran's" for "his" in subcl. (A) and "surviving spouse" and
"spouse" for "widow" and "wife", respectively, in subcl. (B).
Subsec. (a)(14). Pub. L. 94-169, Sec. 106(6), substituted "such
veteran's surviving spouse" for "his widow".
Subsec. (a)(16). Pub. L. 94-169, Secs. 101(2)(A), 106(7),
inserted "and" after "as amended;", and substituted "such
employee's" for "his", respectively.
Subsec. (c). Pub. L. 94-169, Sec. 106(8), substituted "surviving
spouse" for "widow".
1972 - Par. (17). Pub. L. 92-425 substituted "subchapter I of
chapter 73 of title 10" for "chapter 73 of title 10".
1971 - Pub. L. 92-198 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
1970 - Par. (4). Pub. L. 91-588, Sec. 7(1), inserted reference to
servicemen's group life insurance.
Pars. (14) to (17). Pub. L. 91-588, Sec. 7(3), added pars. (14)
to (17).
1967 - Par. (7). Pub. L. 90-77, Sec. 103(a), provided for
exclusion of amounts paid by a wife of a veteran for the expenses
of his past illness.
Par. (9). Pub. L. 90-77, Sec. 103(b), designated existing
provisions as subpar. (A) and added subpar. (B).
1964 - Par. (6). Pub. L. 88-664, Sec. 1(a), inserted "10 per
centum of the amount of" before "payments" and struck out "equal to
his contributions thereto" after "programs".
Pars. (9) to (13). Pub. L. 88-664, Sec. 1(b), added pars. (9) to
(13).
1961 - Pub. L. 87-268 substituted "section 412(a)" for "section
412".
1959 - Pub. L. 86-211 among other changes, required the inclusion
of all payments of any kind or from any source (including salary,
retirement or annuity payments, or similar income, which has been
waived), and permitted the exclusion of donations from public or
private relief or welfare organizations, payments under policies of
United States Government life insurance or National Service Life
Insurance, and payments of servicemen's indemnity, lump sum death
payments, payments to an individual under public or private
retirement, annuity, endowment, or similar plans or programs equal
to his contributions thereto, amounts equal to amounts paid by a
widow or child for the veteran's just debts, expenses of his last
illness, and expenses of his burial to the extent such expenses are
not reimbursed under chapter 23 of this title, and proceeds of life
insurance policies.
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111-275, title VI, Sec. 604(b), Oct. 13, 2010, 124 Stat.
2885, provided that: "The amendments made by subsection (a)
[amending this section] shall apply with respect to determinations
of income for calendar years beginning after October 1, 2011."
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1975 AMENDMENT
Sections 101 and 106 of Pub. L. 94-169 provided that the
amendments made by those sections are 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
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 1964 AMENDMENT
Section 11 of Pub. L. 88-664 provided that:
"(a) Except as otherwise provided herein, this Act [amending this
section and sections 502, 506, 521, 541, 542, 612, and 3104 [now
1502, 1506, 1521, 1541, 1542, 1712, and 5304] of this title and
enacting provisions set out as a note under section 1521 of this
title] shall take effect on January 1, 1965.
"(b) The amendment to paragraph (6) of section 503 [now 1503],
title 38, United States Code, shall not apply to any individual
receiving pension on December 31, 1964, under chapter 15 of said
title, or subsequently determined entitled to such pension for said
day, until his contributions have been recouped under the provision
of that paragraph in effect on December 31, 1964."
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.
EFFECTIVE DATE OF 1959 AMENDMENT
Amendment by Pub. L. 86-211 effective July 1, 1960, see section
10 of Pub. L. 86-211, set out as an Effective Date note under
section 1506 of this title.
-End-
-CITE-
38 USC Sec. 1504 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
Sec. 1504. Persons heretofore having a pensionable status
-STATUTE-
The pension benefits of subchapters II and III of this chapter
shall, notwithstanding the service requirements of such
subchapters, be granted to persons heretofore recognized by law as
having a pensionable status.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 504; renumbered
Sec. 1504, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)
-MISC1-
PRIOR PROVISIONS
Prior section 1504 was renumbered section 3104 of this title.
Another prior section 1504, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1172; Pub. L. 89-137, Sec. 1(a), Aug. 26, 1965, 79 Stat. 576;
Pub. L. 90-431, July 26, 1968, 82 Stat. 447; Pub. L. 91-219, title
I, Sec. 101, Mar. 26, 1970, 84 Stat. 76; Pub. L. 92-540, title I,
Sec. 101(2), Oct. 24, 1972, 86 Stat. 1074; Pub. L. 93-508, title I,
Sec. 101(3), Dec. 3, 1974, 88 Stat. 1579; Pub. L. 93-602, title II,
Sec. 202, Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94-502, title I,
Secs. 101, 104(4), Oct. 15, 1976, 90 Stat. 2383, 2384; Pub. L. 95-
202, title I, Sec. 101, Nov. 23, 1977, 91 Stat. 1433, related to
subsistence allowances to be paid veterans while pursuing a course
of vocational rehabilitation training under chapter 31 of this
title, prior to repeal, effective Oct. 1, 1980, by Pub. L. 96-466,
title VIII, Sec. 802(a)(4), Oct. 17, 1980, 94 Stat. 2218. See
section 3108 of this title.
AMENDMENTS
1991 - Pub. L. 102-83 renumbered section 504 of this title as
this section.
-End-
-CITE-
38 USC Sec. 1505 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
Sec. 1505. Payment of pension during confinement in penal
institutions
-STATUTE-
(a) No pension under public or private laws administered by the
Secretary shall be paid to or for an individual who has been
imprisoned in a Federal, State, local, or other penal institution
or correctional facility as a result of conviction of a felony or
misdemeanor for any part of the period beginning sixty-one days
after such individual's imprisonment begins and ending when such
individual's imprisonment ends.
(b) Where any veteran is disqualified for pension for any period
solely by reason of subsection (a) of this section, the Secretary
may apportion and pay to such veteran's spouse or children the
pension which such veteran would receive for that period but for
this section.
(c) Where any surviving spouse or child of a veteran is
disqualified for pension for any period solely by reason of
subsection (a) of this section, the Secretary may (1) if the
surviving spouse is so disqualified, pay to the child, or children,
the pension which would be payable if there were no such surviving
spouse or (2) if a child is so disqualified, pay to the surviving
spouse or other children, as applicable, the pension which would be
payable if there were no such child.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 505; Pub. L. 94-
169, title I, Sec. 106(9)-(11), Dec. 23, 1975, 89 Stat. 1017;
renumbered Sec. 1505 and amended Pub. L. 102-83, Secs. 4(a)(1),
(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403-406; Pub. L. 109-
461, title X, Sec. 1002(a), Dec. 22, 2006, 120 Stat. 3464.)
-MISC1-
PRIOR PROVISIONS
Prior section 1505 was renumbered section 3105 of this title.
Another prior section 1505, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1172; Pub. L. 94-502, title I, Sec. 104(5), Oct. 15, 1976, 90
Stat. 2384, related to leaves of absence to veterans pursuing a
course of vocational rehabilitation training under chapter 31 of
this title, prior to the general revision of chapter 31 of this
title by Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96-466, set
out as an Effective Date note under section 3100 of this title,
provided that this prior section 1505 continue in effect until Mar.
31, 1981. See section 3110 of this title.
AMENDMENTS
2006 - Subsec. (a). Pub. L. 109-461 substituted "local, or other
penal institution or correctional facility" for "or local penal
institution".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 505 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(a)(1), substituted
"administered by the Secretary" for "administered by the Veterans'
Administration".
Subsecs. (b), (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator".
1975 - Subsec. (a). Pub. L. 94-169, Sec. 106(9), substituted
"such individual's" for "his" wherever appearing.
Subsec. (b). Pub. L. 94-169, Sec. 106(10), substituted "such
veteran's spouse" for "his wife".
Subsec. (c). Pub. L. 94-169, Sec. 106(11), substituted "surviving
spouse" for "widow" wherever appearing.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
-End-
-CITE-
38 USC Sec. 1506 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
Sec. 1506. Resource reports and overpayment adjustments
-STATUTE-
As a condition of granting or continuing pension under section
1521, 1541, or 1542 of this title, the Secretary -
(1) may require from any person who is an applicant for or a
recipient of pension such information, proofs, and evidence as
the Secretary determines to be necessary in order to determine
the annual income and the value of the corpus of the estate of
such person, and of any spouse or child for whom the person is
receiving or is to receive increased pension (such a child is
hereinafter in this subsection referred to as a "dependent
child"), and, in the case of a child applying for or in receipt
of pension under section 1542 of this title (hereinafter in this
subsection referred to as a "surviving child"), of any person
with whom such child is residing who is legally responsible for
such child's support;
(2) may require that any such applicant or recipient file for a
calendar year with the Department (on such form as may be
prescribed for such purpose by the Secretary) a report showing -
(A) the annual income which such applicant or recipient (and
any such spouse or dependent child) received during the
preceding year, the corpus of the estate of such applicant or
recipient (and of any such spouse or dependent child) at the
end of such year, and in the case of a surviving child, the
income and corpus of the estate of any person with whom such
child is residing who is legally responsible for such child's
support;
(B) such applicant's or recipient's estimate for the then
current year of the annual income such applicant or recipient
(and any such spouse or dependent child) expects to receive and
of any expected increase in the value of the corpus of the
estate of such applicant or recipient (and for any such spouse
or dependent child); and
(C) in the case of a surviving child, an estimate for the
then current year of the annual income of any person with whom
such child is residing who is legally responsible for such
child's support and of any expected increase in the value of
the corpus of the estate of such person;
(3) shall require that any such applicant or recipient promptly
notify the Secretary whenever there is a material change in the
annual income of such applicant or recipient (or of any such
spouse or dependent child) or a material change in the value of
the corpus of the estate of such applicant or recipient (or of
any such spouse or dependent child), and in the case of a
surviving child, a material change in the annual income or value
of the corpus of the estate of any person with whom such child is
residing who is legally responsible for such child's support; and
(4) shall require that any such applicant or recipient applying
for or in receipt of increased pension on account of a person who
is a spouse or child of such applicant or recipient promptly
notify the Secretary if such person ceases to meet the applicable
definition of spouse or child.
-SOURCE-
(Added Pub. L. 86-211, Sec. 2(b), Aug. 29, 1959, 73 Stat. 432, Sec.
506; amended Pub. L. 88-664, Sec. 2, Oct. 13, 1964, 78 Stat. 1094;
Pub. L. 91-588, Sec. 6, Dec. 24, 1970, 84 Stat. 1584; Pub. L. 94-
169, title I, Sec. 106(12)-(14), Dec. 23, 1975, 89 Stat. 1017;
Pub. L. 95-588, title I, Sec. 103, Nov. 4, 1978, 92 Stat. 2498;
Pub. L. 96-466, title VI, Sec. 605(c)(2), Oct. 17, 1980, 94 Stat.
2211; renumbered Sec. 1506 and amended Pub. L. 102-83, Secs.
4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406; Pub. L. 103-271, Sec. 9(b), July 1, 1994, 108 Stat. 743.)
-MISC1-
PRIOR PROVISIONS
Prior section 1506 was renumbered section 3106 of this title.
Another prior section 1506, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1173, authorized Administrator to furnish veterans receiving
vocational rehabilitation such medical care, treatment,
hospitalization, and prosthesis as were necessary to accomplish the
purposes of chapter 31 of this title, prior to the general revision
of chapter 31 of this title by Pub. L. 96-466. Section 802(a)(3) of
Pub. L. 96-466, set out as an Effective Date note under section
3100 of this title, provided that this prior section 1506 continue
in effect until Mar. 31, 1981. See section 3104 of this title.
AMENDMENTS
1994 - Par. (2). Pub. L. 103-271, Sec. 9(b)(1), substituted "may
require" for "shall require" and "file for a calendar year" for
"file each year" in introductory provisions.
Par. (3). Pub. L. 103-271, Sec. 9(b)(2), substituted "notify the
Secretary" for "file a revised report", struck out "estimated"
before "annual income" in two places, and struck out "such
applicant's or recipient's estimate of" before "the value of the
corpus of the estate of such applicant".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 506 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1521, 1541, or 1542"
for "521, 541, or 542" in introductory provisions and "1542" for
"542" in par. (1).
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in introductory provisions and pars. (1), (2), and
(4).
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" in par. (2) introductory provisions.
1980 - Pub. L. 96-466 struck out "(a)" before "As a condition"
and struck out subsec. (b) which provided that in the event of an
overpayment of pension under section 521, 541, or 542 of this
title, the amount thereof be deducted (unless waived) from any
future payments made thereunder to the person concerned.
1978 - Subsec. (a). Pub. L. 95-588 inserted provision authorizing
the Administrator to consider the income of a spouse or child prior
to granting a pension in par. (1), struck out exclusion from filing
report for a child or person of 72 years of age or more who has
been paid a pension for two consecutive years in par. (2), required
changes in income of spouse or dependent child be included in the
necessary revised income report in par. (3), and added par. (4).
1975 - Subsec. (a). Pub. L. 94-169 substituted "the
Administrator" for "he" in par. (1), "the Administrator" for "him",
"such person" for "he" and "such person's" for "his" wherever
appearing, in par. (2), and "such person's" for "his" wherever
appearing, in par. (3).
1970 - Subsec. (a)(2). Pub. L. 91-588 exempted from filing
requirements of this section any person who has attained 72 years
of age and has been paid a pension under sections 521, 541, or 542
of this title during two consecutive calendar years.
1964 - Subsec. (a)(2). Pub. L. 88-664 inserted ", other than a
child," after "person".
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as
otherwise specifically provided, see section 802(f) of Pub. L. 96-
466, set out as a note under section 5314 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-588 effective Jan. 1, 1972, see section
10(b) of Pub. L. 91-588, set out as a note under section 1521 of
this title.
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section
11 of Pub. L. 88-664, set out as a note under section 1503 of this
title.
EFFECTIVE DATE
Section 10 of Pub. L. 86-211 provided that: "This Act [see Tables
for classification] shall take effect on July 1, 1960."
-End-
-CITE-
38 USC Sec. 1507 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
Sec. 1507. Disappearance
-STATUTE-
Where a veteran receiving pension under subchapter II of this
chapter disappears, the Secretary may pay the pension otherwise
payable to such veteran's spouse and children. In applying the
provisions of this section, the Secretary may presume, without
reports pursuant to section 1506(a) of this title, that the status
of the veteran at the time of disappearance, with respect to
permanent and total disability, income, and net worth, continues
unchanged. Payments made to a spouse or child under this section
shall not exceed the amount to which each would be entitled if the
veteran died of a non-service-connected disability.
-SOURCE-
(Added Pub. L. 89-467, Sec. 1(a), June 22, 1966, 80 Stat. 218, Sec.
507; amended Pub. L. 94-169, title I, Sec. 106(15), Dec. 23, 1975,
89 Stat. 1017; renumbered Sec. 1507 and amended Pub. L. 102-83,
Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-
406.)
-MISC1-
PRIOR PROVISIONS
Prior section 1507 was renumbered section 3107 of this title.
Another prior section 1507, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1173; Pub. L. 92-540, title I, Sec. 101(3), Oct. 24, 1972, 86
Stat. 1074; Pub. L. 94-502, title I, Sec. 104(6), Oct. 15, 1976, 90
Stat. 2384, related to loans to trainees commencing or undertaking
courses of vocational rehabilitation under chapter 31 of this
title, prior to repeal, effective Oct. 1, 1980, by Pub. L. 96-466,
title VIII, Sec. 802(a)(4), Oct. 17, 1980, 94 Stat. 2218. See
section 3112 of this title.
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 507 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1506(a)" for "506(a)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in two places.
1975 - Pub. L. 94-169 struck out "in his discretion" after
"Administrator" and substituted "payable to such veteran's spouse"
for "payable to his wife," and "made to a spouse" for "made to a
wife".
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
-End-
-CITE-
38 USC Sec. 1508 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
Sec. 1508. Frequency of payment of pension benefits
-STATUTE-
(a) Except as provided under subsection (b) of this section,
benefits under sections 1521, 1541, and 1542 of this title shall be
paid monthly.
(b) Under regulations which the Secretary shall prescribe,
benefits under sections 1521, 1541, and 1542 of this title may be
paid less frequently than monthly if the amount of the annual
benefit is less than 4 percent of the maximum annual rate payable
to a veteran under section 1521(b) of this title.
-SOURCE-
(Added Pub. L. 95-588, title I, Sec. 104(a), Nov. 4, 1978, 92 Stat.
2499, Sec. 508; amended Pub. L. 102-54, Sec. 14(b)(6), June 13,
1991, 105 Stat. 283; renumbered Sec. 1508 and amended Pub. L. 102-
83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406.)
-MISC1-
PRIOR PROVISIONS
Prior section 1508 was renumbered section 3108 of this title.
Another prior section 1508, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1173; Pub. L. 94-502, title I, Sec. 104(7), Oct. 15, 1976, 90
Stat. 2384, authorized Administrator to prescribe rules and
regulations to promote good conduct and cooperation on the part of
veterans receiving vocational rehabilitation under chapter 31 of
this title, prior to the general revision of chapter 31 of this
title by Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96-466, set
out as an Effective Date note under section 3100 of this title,
provided that this prior section 1508 continue in effect until Mar.
31, 1981. See section 3111 of this title.
Prior section 1509 was renumbered section 3109 of this title.
Another prior section 1509, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1173; Pub. L. 94-502, title I, Sec. 104(8), (9), Oct. 15,
1976, 90 Stat. 2384, related to books, supplies, and equipment
furnished a veteran under chapter 31 of this title, prior to the
general revision of chapter 31 of this title by Pub. L. 96-466.
Section 802(a)(3) of Pub. L. 96-466, set out as an Effective Date
note under section 3100 of this title, provided that this prior
section 1509 continue in effect until Mar. 31, 1981.
Prior section 1510 was renumbered section 3110 of this title.
Another prior section 1510, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1173; Pub. L. 94-502, title I, Sec. 104(10), Oct. 15, 1976,
90 Stat. 2384, related to vocational rehabilitation of persons
hospitalized pending final discharge from the active military,
naval, or air service, prior to the general revision of chapter 31
of this title by Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96-
466, set out as an Effective Date note under section 3100 of
chapter 31 of this title, provided that this prior section 1510
continue in effect until Mar. 31, 1981. See section 3113 of this
title.
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 508 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521,
1541, and 1542" for "521, 541, and 542".
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521,
1541, and 1542" for "521, 541, and 542" and "1521(b)" for "521(b)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Pub. L. 102-54 substituted "percent" for "per centum".
EFFECTIVE DATE
Section effective Jan. 1, 1979, see section 401 of Pub. L. 95-
588, set out as an Effective Date of 1978 Amendment note under
section 101 of this title.
-End-
-CITE-
38 USC SUBCHAPTER II - VETERANS' PENSIONS 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
SUBCHAPTER II - VETERANS' PENSIONS
-End-
-CITE-
38 USC Service Pension 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Service Pension
SERVICE PENSION
-End-
-CITE-
38 USC Sec. 1510 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Service Pension
[Sec. 1510. Vacant]
-COD-
CODIFICATION
Prior to renumbering of sections 501 to 543 of this chapter as
sections 1501 to 1543 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,
105 Stat. 406, section 510 of this chapter, Pub. L. 85-857, Sept.
2, 1958, 72 Stat. 1135, which provided monthly pension for persons
who served in military or naval forces of Confederate States of
America, was repealed by Pub. L. 94-169, title I, Sec. 101(2)(F),
Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1, 1976.
-End-
-CITE-
38 USC Sec. 1511 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Service Pension
Sec. 1511. Indian War veterans
-STATUTE-
(a) The Secretary shall pay to each veteran of the Indian Wars
who meets the service requirements of this section a pension at the
following monthly rate:
(1) $101.59; or
(2) $135.45 if the veteran is in need of regular aid and
attendance.
(b) A veteran meets the service requirements of this section if
such veteran served in one of the Indian Wars -
(1) for thirty days or more; or
(2) for the duration of such Indian War;
in any military organization, whether or not such service was the
result of regular muster into the service of the United States, if
such service was under the authority or by the approval of the
United States or any State.
(c)(1) Any veteran eligible for pension under this section shall,
if such veteran so elects, be paid pension at the rates prescribed
by section 1521 of this title, and under the conditions (other than
the service requirements) applicable to pension paid under that
section to veterans of World War I. If pension is paid pursuant to
such an election, the election shall be irrevocable, except as
provided in paragraph (2).
(2) The Secretary shall pay each month to each veteran of the
Indian Wars who is receiving, or entitled to receive, pension based
on a need of regular aid and attendance, whichever amount is
greater (A) that provided by paragraph (2) of subsection (a) of
this section, or (B) that which is payable to the veteran under
section 1521 of this title if such veteran has elected, or would be
payable if such veteran were to elect, to receive pension under
such section pursuant to paragraph (1) of this subsection. Each
change in the amount of pension payment required by this paragraph
shall be effective as of the first day of the month during which
the facts of the particular case warrant such change, and shall be
made without specific application therefor.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1135, Sec. 511; Pub. L. 86-
670, Sec. 1, July 14, 1960, 74 Stat. 545; Pub. L. 90-77, title I,
Sec. 111(a), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94-169, title I,
Sec. 106(16), Dec. 23, 1975, 89 Stat. 1017; renumbered Sec. 1511
and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1),
Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
PRIOR PROVISIONS
Prior section 1511 was renumbered section 3111 of this title.
Another prior section 1511, Pub. L. 85-857, Sept. 2,1958, 72
Stat. 1171, Sec. 1503, renumbered Pub. L. 89-138, Sec. 2(4), Aug.
26, 1965, 79 Stat. 578, and amended Pub. L. 94-502, title , Secs.
103, 104(11), Oct. 15, 1976, 90 Stat. 2384, related to training and
training facilities under chapter 31 of this title, prior to the
general revision of chapter 31 of this title by Pub. L. 96-466.
Section 802(a)(3) of Pub. L. 96-466, set out as an Effective Date
note under section 3100 of this title, provided that this prior
section 1511 continue in effect until Mar. 31, 1981. See section
3115 of this title.
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 511 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in introductory provisions.
Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521" for
"521" in pars. (1) and (2).
Subsec. (c)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
1975 - Subsecs. (b), (c). Pub. L. 94-169 substituted "such
veteran" for "he" wherever appearing.
1967 - Subsec. (c). Pub. L. 90-77 designated existing provisions
as par. (1), inserted "except as provided in paragraph (2)", and
added par. (2).
1960 - Subsec. (c). Pub. L. 86-670 added subsec. (c).
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
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 1960 AMENDMENT
Section 3 of Pub. L. 86-670 provided that: "This Act [amending
this section and section 512 [now 1512] of this title] shall take
effect on the first day of the second calendar month which begins
after the date of enactment of this Act [July 14, 1960]."
-End-
-CITE-
38 USC Sec. 1512 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Service Pension
Sec. 1512. Spanish-American War veterans
-STATUTE-
(a)(1) The Secretary shall pay to each veteran of the Spanish-
American War who meets the service requirements of this subsection
a pension at the following monthly rate:
(A) $101.59; or
(B) $135.45 if the veteran is in need of regular aid and
attendance.
(2) A veteran meets the service requirements of this subsection
if such veteran served in the active military or naval service -
(A) for ninety days or more during the Spanish-American War;
(B) during the Spanish-American War and was discharged or
released from such service for a service-connected disability; or
(C) for a period of ninety consecutive days or more and such
period began or ended during the Spanish-American War.
(3)(A) Any veteran eligible for pension under this subsection
shall, if such veteran so elects, be paid pension at the rates
prescribed by section 1521 of this title (except the rate provided
under subsection (g) of such section), and under the conditions
(other than the service requirements) applicable to pension paid
under that section to veterans of a period of war. If pension is
paid pursuant to such an election, the election shall be
irrevocable.
(B) The Secretary shall pay each month to each Spanish-American
War veteran who is receiving, or entitled to receive, pension based
on a need of regular aid and attendance, whichever amount is
greater (i) that provided by subparagraph (B) of subsection (a)(1)
of this section, or (ii) that which is payable to the veteran under
section 1521 of this title as in effect on December 31, 1978, under
regulations which the Secretary shall prescribe. Each change in the
amount of pension payment required by this subparagraph shall be
effective as of the first day of the month during which the facts
of the particular case warrant such change, and shall be made
without specific application therefor.
(b)(1) The Secretary shall pay to each veteran of the Spanish-
American War who does not meet the service requirements of
subsection (a), but who meets the service requirements of this
subsection, a pension at the following monthly rate:
(A) $67.73; or
(B) $88.04 if the veteran is in need of regular aid and
attendance.
(2) A veteran meets the service requirements of this subsection
if such veteran served in the active military or naval service -
(A) for seventy days or more during the Spanish-American War;
or
(B) for a period of seventy consecutive days or more and such
period began or ended during the Spanish-American War.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1135, Sec. 512; Pub. L. 86-
670, Sec. 2, July 14, 1960, 74 Stat. 545; Pub. L. 90-77, title I,
Sec. 111(b), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94-169, title I,
Sec. 106(17), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95-588, title
I, Sec. 105, Nov. 4, 1978, 92 Stat. 2500; renumbered Sec. 1512 and
amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 404-406.)
-MISC1-
PRIOR PROVISIONS
A prior section 1512 was renumbered section 3112 of this title.
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 512 of this
title as this section.
Subsec. (a)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in introductory provisions.
Subsec. (a)(3)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted
"1521" for "521".
Subsec. (a)(3)(B). Pub. L. 102-83, Sec. 5(c)(1), substituted
"1521" for "521".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in two places.
Subsec. (b)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in introductory provisions.
1978 - Subsec. (a)(3)(A). Pub. L. 95-588, Sec. 105(1), inserted
"(except the rate provided under subsection (g) of such section)"
after "of this title", substituted "a period of war" for "World War
I", and struck out exception to pension elections formerly provided
pursuant to subpar. (B).
Subsec. (a)(3)(B). Pub. L. 95-588, Sec. 105(2), substituted "as
in effect on December 31, 1978, under regulations which the
Administrator shall prescribe" for "if such veteran has elected, or
would be payable if such veteran were to elect, to receive pension
under such section pursuant to subparagraph (A) of this paragraph".
1975 - Subsec. (a). Pub. L. 94-169 substituted "such veteran" for
"he" wherever appearing.
Subsec. (b). Pub. L. 94-169 substituted "such veteran" for "he".
1967 - Subsec. (a)(3). Pub. L. 90-77 designated existing
provisions as subpar. (A), inserted "except as provided in
subparagraph (B)", and added subpar. (B).
1960 - Subsec. (a)(3). Pub. L. 86-670 added cl. (3).
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
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 1960 AMENDMENT
Amendment by Pub. L. 86-670 effective first day of second
calendar month which begins after July 14, 1960, see section 3 of
Pub. L. 86-670, set out as a note under section 1511 of this title.
-End-
-CITE-
38 USC Sec. 1513 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Service Pension
Sec. 1513. Veterans 65 years of age and older
-STATUTE-
(a) The Secretary shall pay to each veteran of a period of war
who is 65 years of age or older and who meets the service
requirements of section 1521 of this title (as prescribed in
subsection (j) of that section) pension at the rates prescribed by
section 1521 of this title and under the conditions (other than the
permanent and total disability requirement) applicable to pension
paid under that section.
(b) If a veteran is eligible for pension under both this section
and section 1521 of this title, pension shall be paid to the
veteran only under section 1521 of this title.
-SOURCE-
(Added Pub. L. 107-103, title II, Sec. 207(a)(1), Dec. 27, 2001,
115 Stat. 991; amended Pub. L. 109-233, title V, Sec. 503(2), June
15, 2006, 120 Stat. 416.)
-MISC1-
PRIOR PROVISIONS
Prior sections 1513 to 1520 were renumbered sections 3113 to 3120
of this title, respectively.
AMENDMENTS
2006 - Subsec. (a). Pub. L. 109-233 inserted "section" after
"prescribed by".
EFFECTIVE DATE
Pub. L. 107-103, title II, Sec. 207(c), Dec. 27, 2001, 115 Stat.
991, provided that: "The amendments made by this section [enacting
this section and amending sections 1521 and 1522 of this title]
shall take effect as of September 17, 2001."
-End-
-CITE-
38 USC Non-Service-Connected Disability Pension 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Non-Service-Connected Disability Pension
NON-SERVICE-CONNECTED DISABILITY PENSION
-End-
-CITE-
38 USC Sec. 1521 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Non-Service-Connected Disability Pension
Sec. 1521. Veterans of a period of war
-STATUTE-
(a) The Secretary shall pay to each veteran of a period of war
who meets the service requirements of this section (as prescribed
in subsection (j) of this section) and who is permanently and
totally disabled from non-service-connected disability not the
result of the veteran's willful misconduct, pension at the rate
prescribed by this section, as increased from time to time under
section 5312 of this title.
(b) If the veteran is unmarried (or married but not living with
or reasonably contributing to the support of such veteran's spouse)
and there is no child of the veteran in the custody of the veteran
or to whose support the veteran is reasonably contributing, and
unless the veteran is entitled to pension at the rate provided by
subsection (d)(1) or (e) of this section, pension shall be paid to
the veteran at the annual rate of $11,830, reduced by the amount of
the veteran's annual income.
(c) If the veteran is married and living with or reasonably
contributing to the support of such veteran's spouse, or if there
is a child of the veteran in the custody of the veteran or to whose
support the veteran is reasonably contributing, pension shall be
paid to the veteran at the annual rate of $15,493, unless the
veteran is entitled to pension at the rate provided by subsection
(d)(2), (e), or (f) of this section. If the veteran has two or more
such family members, such annual rate shall be increased by $2,020
for each such family member in excess of one. The rate payable
shall be reduced by the amount of the veteran's annual income and,
subject to subsection (h)(1) of this section, the amount of annual
income of such family members.
(d)(1) If the veteran is in need of regular aid and attendance,
the annual rate of pension payable to the veteran under subsection
(b) of this section shall be $19,736, reduced by the amount of the
veteran's annual income.
(2) If the veteran is in need of regular aid and attendance, the
annual rate of pension payable to the veteran under subsection (c)
of this section shall be $23,396. If such veteran has two or more
family members, as described in subsection (c) of this section, the
annual rate of pension shall be increased by $2,020 for each such
family member in excess of one. The rate payable shall be reduced
by the amount of the veteran's annual income and, subject to
subsection (h)(1) of this section, the amount of annual income of
such family members.
(e) If the veteran has a disability rated as permanent and total
and (1) has additional disability or disabilities independently
ratable at 60 per centum or more, or (2) by reason of a disability
or disabilities, is permanently housebound but does not qualify for
pension at the aid and attendance rate provided by subsection (d)
of this section, the annual rate of pension payable to the veteran
under subsection (b) of this section shall be $14,457 and the
annual rate of pension payable to the veteran under subsection (c)
of this section shall be $18,120. If such veteran has two or more
family members, as described in subsection (c) of this section, the
annual rate of pension shall be increased by $2,020 for each such
family member in excess of one. The rate payable shall be reduced
by the amount of the veteran's annual income and, subject to
subsection (h)(1) of this section, the annual income of such family
members.
(f)(1) If two veterans are married to one another and each meets
the disability and service requirements prescribed in subsections
(a) and (j), respectively, of this section, or the age and service
requirements prescribed in section 1513 of this title, the annual
rate of pension payable to such veterans shall be a combined annual
rate of $15,493.
(2) If either such veteran is in need of regular aid and
attendance, the annual rate provided by paragraph (1) of this
subsection shall be $23,396. If both such veterans are in need of
regular aid and attendance, such rate shall be $30,480.
(3) If either such veteran would be entitled (if not married to a
veteran) to pension at the rate provided by subsection (e) of this
section, the annual rate provided by paragraph (1) of this
subsection shall be $18,120. If both such veterans would be
entitled (if not married to one another) to such rate, such rate
shall be $20,747.
(4) If one such veteran is in need of regular aid and attendance
and the other would be entitled (if not married to a veteran) to
the rate provided for under subsection (e) of this section, the
annual rate provided by paragraph (1) of this subsection shall be
$26,018.
(5) The annual rate provided by paragraph (1), (2), (3), or (4)
of this subsection, as appropriate, shall (A) be increased by
$2,020 for each child of such veterans (or of either such veteran)
who is in the custody of either or both such veterans or to whose
support either such veteran is, or both such veterans are,
reasonably contributing, and (B) be reduced by the amount of the
annual income of both such veterans and, subject to subsection
(h)(1) of this section, the annual income of each such child.
(g) The annual rate of pension payable under subsection (b), (c),
(d), (e), or (f) of this section to any veteran who is a veteran of
a period of war shall be increased by $2,686 if veterans of such
period of war were not provided educational benefits or home loan
benefits similar to those provided to veterans of later periods of
war under chapters 34 and 37, respectively, of this title or under
prior corresponding provisions of law.
(h) For the purposes of this section:
(1) In determining the annual income of a veteran, if there is
a child of the veteran who is in the custody of the veteran or to
whose support the veteran is reasonably contributing, that
portion of the annual income of the child that is reasonably
available to or for the veteran shall be considered to be income
of the veteran, unless in the judgment of the Secretary to do so
would work a hardship on the veteran.
(2) A veteran shall be considered as living with a spouse, even
though they reside apart, unless they are estranged.
(i) If the veteran is entitled under this section to pension on
the basis of such veteran's own service and is also entitled to
pension on the basis of any other person's service, the Secretary
shall pay such veteran only the greater benefit.
(j) A veteran meets the service requirements of this section if
such veteran served in the active military, naval, or air service -
(1) for ninety days or more during a period of war;
(2) during a period of war and was discharged or released from
such service for a service-connected disability;
(3) for a period of ninety consecutive days or more and such
period began or ended during a period of war; or
(4) for an aggregate of ninety days or more in two or more
separate periods of service during more than one period of war.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1136, Sec. 521; Pub. L. 86-
211, Sec. 3(a), Aug. 29, 1959, 73 Stat. 433; Pub. L. 87-101, Sec.
1, July 21, 1961, 75 Stat. 218; Pub. L. 88-664, Secs. 3(a), (b), 5,
6(a), 7, Oct. 13, 1964, 78 Stat. 1094, 1095; Pub. L. 90-77, title
I, Sec. 104, title II, Sec. 202(a)-(c), Aug. 31, 1967, 81 Stat.
179, 182; Pub. L. 90-275, Sec. 1(a), (b), Mar. 28, 1968, 82 Stat.
64, 65; Pub. L. 91-588, Secs. 1(a), (b), 3(b), 9(c), Dec. 24, 1970,
84 Stat. 1580, 1583, 1584; Pub. L. 92-198, Secs. 1(a), (b), 5(b),
Dec. 15, 1971, 85 Stat. 663, 664; Pub. L. 93-177, Sec. 1(a), (b),
Dec. 6, 1973, 87 Stat. 694; Pub. L. 93-527, Sec. 2, Dec. 21, 1974,
88 Stat. 1702; Pub. L. 94-169, title I, Secs. 102, 106(18), Dec.
23, 1975, 89 Stat. 1014, 1018; Pub. L. 94-432, title II, Sec. 202,
Sept. 30, 1976, 90 Stat. 1369; Pub. L. 95-204, title I, Sec. 101,
Dec. 2, 1977, 91 Stat. 1455; Pub. L. 95-588, title I, Sec. 106(a),
Nov. 4, 1978, 92 Stat. 2500; Pub. L. 102-40, title IV, Sec.
402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 1521 and
amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406; Pub. L. 107-103, title II, Sec. 207(b)(1), Dec.
27, 2001, 115 Stat. 991; Pub. L. 111-275, title VI, Sec. 608(a),
Oct. 13, 2010, 124 Stat. 2886.)
-MISC1-
PRIOR PROVISIONS
Prior section 1521 was renumbered section 3121 of this title.
AMENDMENTS
2010 - Subsec. (b). Pub. L. 111-275, Sec. 608(a)(1), substituted
"$11,830" for "$3,550".
Subsec. (c). Pub. L. 111-275, Sec. 608(a)(2), substituted
"$15,493" for "$4,651" and "$2,020" for "$600".
Subsec. (d)(1). Pub. L. 111-275, Sec. 608(a)(3)(A), substituted
"$19,736" for "$5,680".
Subsec. (d)(2). Pub. L. 111-275, Sec. 608(a)(3)(B), substituted
"$23,396" for "$6,781" and "$2,020" for "$600".
Subsec. (e). Pub. L. 111-275, Sec. 608(a)(4), substituted
"$14,457" for "$4,340", "$18,120" for "$5,441", and "$2,020" for
"$600".
Subsec. (f)(1). Pub. L. 111-275, Sec. 608(a)(5)(A), substituted
"$15,493" for "$4,651".
Subsec. (f)(2). Pub. L. 111-275, Sec. 608(a)(5)(B), substituted
"$23,396" for "$6,781" and "$30,480" for "$8,911".
Subsec. (f)(3). Pub. L. 111-275, Sec. 608(a)(5)(C), substituted
"$18,120" for "$5,441" and "$20,747" for "$6,231".
Subsec. (f)(4). Pub. L. 111-275, Sec. 608(a)(5)(D), substituted
"$26,018" for "$7,571".
Subsec. (f)(5). Pub. L. 111-275, Sec. 608(a)(5)(E), substituted
"$2,020" for "$600".
Subsec. (g). Pub. L. 111-275, Sec. 608(a)(6), substituted
"$2,686" for "$800".
2001 - Subsec. (f)(1). Pub. L. 107-103 inserted "or the age and
service requirements prescribed in section 1513 of this title,"
after "of this section,".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 521 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Pub. L. 102-40 substituted "5312" for "3112".
Subsecs. (h)(1), (i). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator".
1978 - Subsec. (a). Pub. L. 95-588 revised pension eligibility
requirements to speak in terms of a veteran of any period of war
rather than veterans of specifically named wars and inserted
reference to periodic pension increases pursuant to section 3112 of
this title.
Subsec. (b). Pub. L. 95-588 qualified parental requirement of
this subsection by inserting custody provision, substituted a fixed
pension amount of $3,550 for a formula for determining such annual
pension based upon the annual income of the veteran, and struck out
monthly minimum and maximum pension payments.
Subsec. (c). Pub. L. 95-588 qualified parental requirement of
this subsection by inserting custody provision, substituted a fixed
pension amount of $4,651 for a formula for determining such annual
pension based upon annual income of the veteran, and inserted
provision authorizing an annual pension rate increase of $600 for
each family member of the eligible veteran in excess of one.
Subsec. (d). Pub. L. 95-588 substituted $5,680 as annual rate of
pension payable to a veteran in need of regular aid and attendance
under subsec. (b) of this section and $6,781 as such rate payable
to such veteran under subsec. (c) of this section for provision
authorizing a rate increase of $165 over and above the rate of
pension payable under the applicable subsection in order to
determine the rate payable to eligible veterans under this section
and revised the method of reducing payments under this section by
use of the recipient's annual income.
Subsec. (e). Pub. L. 95-588 substituted $4,340 as annual rate of
pension payable under subsec. (b) of this section for veterans
eligible as recipients under this section and $5,441 as such annual
rate under subsec. (c) of this section for provision authorizing
rate increases of $61 per month for eligible veterans over and
above the appropriate rate of pension payment under the applicable
subsection, inserted provision authorizing increases of $600 per
year in pension rates for recipients with eligible family members
in excess of one, and provided for an annual income reduction in
the pension rate payable.
Subsec. (f). Pub. L. 95-588 substituted provisions relating to
pension payments to veterans married to each other for provisions
authorizing the inclusion of a spouse's annual income reasonably
available to an eligible veteran in the computation of the annual
income of an eligible veteran.
Subsec. (g). Pub. L. 95-588 substituted provisions authorizing
annual pension payment rate increases of $800 per year for eligible
veterans who served in periods of war which did not entitle them to
educational or home loan benefits similar to those paid veterans of
subsequent periods of war for provisions specifying the eligibility
service requirements of this section.
Subsec. (h). Pub. L. 95-588 substituted provisions authorizing
inclusion of income of a dependent child in custody of recipient
veteran in computing annual income of such veteran and authorizing
consideration of a veteran and his or her spouse as living
together, even though they actually live apart, for provisions
authorizing a twenty-five per cent rate increase in pension
payments to a veteran who has attained age seventy-eight.
Subsecs. (i), (j). Pub. L. 95-588 added subsecs. (i) and (j).
1977 - Subsec. (b)(1). Pub. L. 95-204, Sec. 101(1), increased
monthly rate of pension from $185 to $197, and substituted "1,100"
for "1,500" in two places, "1,700" for "1,800" in two places, and
"3,770" for "3,540".
Subsec. (b)(3). Pub. L. 95-204, Sec. 101(2), substituted "$3,770"
for "$3,540".
Subsec. (c)(1). Pub. L. 95-204, Sec. 101(3), increased monthly
rates of pension from $199 to $212, $204 to $217, and $209 to $222,
and substituted "1,000" for "1,100" in two places, "2,000" for
"2,400" in two places, "3,000" for "3,100" in two places, "3,200"
for "3,500" in two places, "3,600" for "3,700" in two places and
"5,070" for "4,760".
Subsec. (c)(3). Pub. L. 95-204, Sec. 101(4), substituted "$5,070"
for "$4,760".
Subsec. (d). Pub. L. 95-204, Sec. 101(5), substituted "$165" for
"$155" in pars. (1) and (2).
Subsec. (e). Pub. L. 95-204, Sec. 101(6), substituted "$61" for
"$57".
1976 - Subsec. (b)(1). Pub. L. 94-432, Sec. 202(1), increased
monthly rate of pension from $173 to $185 and substituted $700 to
$900 for $700 to $1,200, $900 to $1,500 for $1,200 to $1,700,
$1,500 to $1,800 for $1,700 to $2,000, and $1,800 to $3,540 for
$2,000 to $3,300.
Subsec. (b)(3). Pub. L. 94-432, Sec. 202(2), substituted "$3,540"
for "$3,300".
Subsec. (c)(1). Pub. L. 94-432, Sec. 202(3), increased monthly
rate of pension by $13 from $186 to $199, from $191 to $204, and
from $196 to $209, of a veteran with 1, 2, and 3 dependents,
substituting "he or she" for "such veteran" in three places,
substituted $700 to $1100 for $700 to $1,300, $1,100 to $2,400 for
$1,300 to $2,800, $2,400 to $3,100 for $2,800 to $3,200, $3,100 to
$3,500 for $3,200 to $3,800, and $3,700 to $4,760 for $3,800 to
$4,500, and inserted ".07" ranging from $3,500 to $3,700.
Subsec. (c)(3). Pub. L. 94-432, Sec. 202(4), substituted "$4,760"
for "$4,500".
Subsec. (d). Pub. L. 94-432, Sec. 202(5), designated existing
provisions as par. (1), substituted "$155" for "$133" and added
par. (2).
Subsec. (e). Pub. L. 94-432, Sec. 202(6), substituted "$57" for
"$53".
Subsec. (h). Pub. L. 94-432, Sec. 202(7), added subsec. (h).
1975 - Subsec. (b). Pub. L. 94-169, Sec. 102(1), increased,
effective for period beginning Jan. 1, 1976, and ending Sept. 30,
1976, monthly rate of pension from $160 to $173, substituted $500
to $700 for $500 to $900, $700 to $1200 for $900 to $1500, $1200 to
$1700 for $1500 to $1900, $1700 to $2000 for $1900 to $2300, $2000
to $3300 for $2300 to $3000 the minimum and maximum income ranges
for which the pension rate will be reduced by 4, 5, 6, 7 and 8
cents per dollar, respectively, and increased from $3000 to $3300
the maximum income in excess of which no pension shall be paid.
Subsec. (c). Pub. L. 94-169, Sec. 102(1), increased, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, from
$172 to $186, from $177 to $191 and from $182 to $196 the rate of
pension of a veteran with 1, 2 and 3 dependents, respectively,
substituted $700 to $1300 for $700 to $1800, $1300 to $2800 for
$1800 to $3000, $2800 to $3200 for $3000 to $3500, $3200 to $3800
for $3500 to $3800, and $3800 to $4500 for $4000 to $4200 the
minimum and maximum income ranges for which the pension rate will
be reduced by 3, 4, 5, 6 and 8 cents per dollar, respectively,
struck out the income range of $3800 to $4000 for which the
reduction rate is 7 cents per dollar, increased from $4200 to $4500
the income in excess of which no pension shall be paid, and
inserted provision that in no case may the amount of pension be
less than $5 monthly.
Subsec. (d). Pub. L. 94-169, Sec. 102(2), substituted, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "such
veteran" for "him" and "$133" for "$123".
Subsec. (e). Pub. L. 94-169, Sec. 102(3), substituted, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "such
veteran's" for "his", "such veteran" for "him" and "$53" for "$49".
Subsec. (g). Pub. L. 94-169, Sec. 106(18), substituted "such
veteran" for "he".
1974 - Subsec. (b). Pub. L. 93-527, Sec. 2(1), substituted "$160"
for "$143", "$500" for "$800" wherever appearing, "$900" for
"$1300" wherever appearing, "$1500" for "$1600" wherever appearing,
"$1900" for "$2200" wherever appearing, "$2300" for "$2500"
wherever appearing, and "$3000" for "$2600" wherever appearing, and
inserted provision that in no event should monthly rate of pension
be less than $5.00.
Subsec. (c). Pub. L. 93-527, Sec. 2(2), substituted "$172" for
"$154", "$177" for "$159", "$182" for "$164", "$700" for "$800"
wherever appearing, "$1800" for "$2600" wherever appearing, "$3000"
for "$3200" wherever appearing, "$3500" for "$3700" wherever
appearing, and inserted provisions for the reduction by 7 cents for
each dollar of annual income in excess of $3800 up to and including
$4000, and reduction by 8 cents for each dollar of annual income in
excess of $4000 up to and including $4200, and raised maximum
income from $3800 to $4200.
Subsec. (d). Pub. L. 93-527, Sec. 2(3), substituted "$123" for
"$110".
Subsec. (e). Pub. L. 93-527, Sec. 2(4), substituted "$49" for
"$44".
1973 - Subsec. (b). Pub. L. 93-177, Sec. 1(a), substituted "$143"
for "$130", "$800" for "$1,000", "$1,300" for "$1,500", "$1,600"
for "$1,800", and "$2,500" for "$2,600" in existing provisions and
inserted provision for a reduction of 8 cents in monthly rate for
each $1 of annual income in excess of $2,500 up to and including
$2,600.
Subsec. (c). Pub. L. 93-177, Sec. 1(b), substituted "$154" for
"$140", "$159" for "$145", "$164" for "$150", "$800" for "$900",
"$2,600" for "$3,200", and "$3,700" for "$3,800" in existing
provisions and inserted provisions for a reduction of 4 cents in
monthly rate for each $1 of annual income in excess of $2,600 up to
and including $3,200 and for a reduction of 6 cents in monthly rate
for each $1 of annual income in excess of $3,700 up to and
including $3,800.
1971 - Subsec. (b). Pub. L. 92-198, Sec. 1(a), substituted
formula for computing monthly pension rates of single veteran
providing for a maximum monthly pension for each group within
designated income category and for computing each individual's
monthly benefit rate by reducing the maximum rate by a specified
number of cents for each dollar by which the minimum income
limitation for that group is exceeded, for table setting out the
income and pension rates, and raised the maximum income from $2300
to $2600.
Subsec. (c). Pub. L. 92-198, Sec. 1(b), substituted formula for
computing monthly pension rates of veteran with dependents by
providing for maximum monthly pension for each group within
designated income category depending on the number of dependents
and for computing each individual's monthly benefit rate by
reducing the maximum rate by a specified number of cents for each
dollar by which the minimum income limitation for that group is
exceeded, for table setting out the income and pension rates, and
raised the maximum income limit from $3500 to $3800.
Subsec. (g)(3). Pub. L. 92-198, Sec. 5(b), inserted reference to
Mexican border period.
1970 - Pub. L. 91-588, Sec. 9(c)(3), inserted reference to
Mexican border period in section catchline.
Subsec. (a). Pub. L. 91-588, Sec. 9(c)(1), inserted reference to
Mexican border period.
Subsec. (b). Pub. L. 91-588, Sec. 1(a), provided new annual
income limits to measure monthly pension rates of single veteran by
adding minimum income limits of $2,000, $2,100 and $2,200 with
maximum limits of $2,100, $2,200 and $2,300 for monthly benefits of
$45, $37 and $29, respectively, and within existing annual income
limits from a maximum of $300 to a maximum of $2,000, as well as
the in-between limits set out in one-hundred dollar increments, the
applicable monthly benefit for each limit was amended, respectively
by substituting in column II "121" for "$110", "119" for "108",
"117" for "106", "115" for "104", "112" for "100", "108" for "96",
"104" for "92", "100" for "88", "96" for "84", "92" for "79", "88"
for "75", "84" for "69" "79" for "63" "75" for "57", "69" for "51",
"63" for "45", "57" for "37", and "51" for "29".
Subsec. (c). Pub. L. 91-588, Sec. 1(b), provided new annual
income limits to measure monthly pension rates of veteran with
dependents by adding minimum income limits of $3,200, $3,300, and
$3,400 with maximum limits of $3,300, $3,400, and $3,500 for
monthly benefits of $50, and within existing annual income limits
from a maximum of $500 to a maximum of $3,200, as well as in-
between limits set out in one-hundred dollar increments, the
applicable monthly benefits for each limit was amended,
respectively, by substituting in column II (one dependent) "$132"
for "$120", "130" for "118", "128" for "116", "126" for "114",
"124" for "112", "122" for "109", in column III (two dependents)
"$137" for "$125", "135" for "123, "133" for "121", "131" for
"119", "129" for "117", "127" for "114", in column IV (three or
more dependents) "$142" for "$130", "140" for "128", "138" for
"126", "136" for "124", "134" for "122", "132" for "119", and in
columns II, III, and IV (for any number of dependents) "119" for
"107", "116" for "105", "113" for "103", "110" for "101", "107" for
"99", "104" for "96", "101" for "93" "99" for "90", "96" for "87",
"93" for "84", "90" for "81", "87" for "78", "84" for "75", "81"
for "72", "78" for "69", "75" for "66", "72" for "62", "69" for
"58", "66" for "54", "62" for "50", "58" for "42", and "54" for
"34".
Subsec. (d). Pub. L. 91-588, Sec. 3(b)(1), substituted "$110" for
"$100".
Subsec. (e). Pub. L. 91-588, Sec. 3(b)(2), substituted "44" for
"$40".
Subsec. (g)(1), (2). Pub. L. 91-588, Sec. 9(c)(2), inserted
reference to Mexican border period.
1968 - Subsec. (b). Pub. L. 90-275, Sec. 1(a), in providing new
annual income limits to measure monthly pension rates of single
veteran, substituted minimum income limit of $300 for monthly
benefit of $110 for former $600 limit for monthly benefit of $104,
maximum income limit of $2,000 for monthly benefit of $29 for
former $1,800 limit for monthly benefit of $45, and sixteen other
in-between limits in one hundred dollar increments from more than
$300 to less than $1,900 for monthly benefits of $108-37 for former
in-between limit of more than $600 but less than $1,200 for monthly
benefit of $79.
Subsec. (c). Pub. L. 90-275, Sec. 1(b), in providing new annual
income limits to measure monthly pension rates of veteran with
dependents, substituted minimum income limit of $500 for monthly
benefit of $120 (one dependent), $125 (two dependents), and $130
(three or more dependents) for former $1,000 limit for monthly
benefit of $109 (one dependent), $114 (two dependents), and $119
(three or more dependents), maximum income limit of $3,200 for
monthly benefit of $34 (for any number of dependents) for former
$3,000 limit for monthly benefit of $50 (for any number of
dependents), and twenty-six other in-between limits in one hundred
dollar increments from more than $500 to less than $3,100 for
monthly benefits of $118 to 42 (one dependent), $123 to 42 (two
dependents), and $128 to 42 (three or more dependents) for former
in-between limit of more than $1,000 but less than $2,000 for
monthly benefit of $84 (for any number of dependents).
1967 - Pub. L. 90-77, Sec. 202(c), inserted reference to Vietnam
era in section catchline.
Subsec. (a). Pub. L. 90-77, Sec. 202(a), inserted reference to
Vietnam era.
Subsec. (b). Pub. L. 90-77, Sec. 104(a), increased monthly
pension rate in column II from $100, $75, and $43 to $104, $79,and
$45 respectively.
Subsec. (c). Pub. L. 90-77, Sec. 104(b), increased monthly
pension rate in column II from $105, $80, and $48 to $109, $84, and
$50; column III from $110, $80, and $48 to $114, $84, and $50; and
column IV from $115, $80, and $48 to $119, $84, and $50,
respectively.
Subsec. (e). Pub. L. 90-77, Sec. 104(c), substituted "$40" for
"$35".
Subsec. (g). Pub. L. 90-77, Sec. 202(b), inserted references to
Vietnam era in pars. (1) to (3).
1964 - Subsec. (b). Pub. L. 88-664, Sec. 3(a), increased monthly
pension rate in column II from $85, $70, and $40 to $100, $75, and
$43, respectively.
Subsec. (c). Pub. L. 88-664, Sec. 3(b), increased monthly pension
rate in column II from $90, $75, and $45 to $105, $80, and $48;
column III from $95, $75, and $45 to $110, $80, and $48; and column
IV from $100, $75, and $45 to $115, $80, and $48, respectively.
Subsec. (d). Pub. L. 88-664, Sec. 5, increased additional monthly
rate of veterans in need of aid and attendance from $70 to $100.
Subsecs. (e), (f). Pub. L. 88-664, Secs. 6(a), 7, added subsec.
(e), redesignated former subsec. (e) as (f) and substituted "in
excess of whichever is the greater, $1,200 or the total earned
income of the spouse," for "except $1,200 of such income" in par.
(1). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 88-664, Sec. 6(a), redesignated former
subsec. (f) as (g).
1961 - Subsec. (f)(4). Pub. L. 87-101 added par. (4).
1959 - Subsec. (a). Pub. L. 86-211, Sec. 3(a)(2), struck out
provisions that prescribed amount of monthly pension payable. See
subsecs. (b) to (d) of this section.
Subsecs. (b) to (e). Pub. L. 86-211, Sec. 3(a)(3), added subsecs.
(b) to (e). Former subsec. (b) redesignated (f).
Subsec. (f). Pub. L. 86-211, Sec. 3(a)(1), redesignated former
subsec. (b) as (f).
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111-275, title VI, Sec. 608(d), Oct. 13, 2010, 124 Stat.
2887, provided that: "The amendments made by subsections (a), (b),
and (c) [amending this section and sections 1541 and 1542 of this
title] shall apply with respect to pensions paid on or after
December 1, 2009."
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107-103 effective Sept. 17, 2001, see
section 207(c) of Pub. L. 107-103, set out as an Effective Date
note under section 1513 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section
302 of Pub. L. 95-204, set out as a note under section 1122 of this
title.
EFFECTIVE DATE OF 1976 AMENDMENT
Section 405 of Pub. L. 94-432 provided that:
"(a) The provisions of this Act [see Tables for classification],
other than titles II and III and section 401, shall take effect on
the date of the enactment of this Act [Sept. 30, 1976].
"(b) Titles II and III [see Tables for classification] and
section 401 of this Act [amending section 322 [now 1122] of this
title] shall take effect January 1, 1977."
EFFECTIVE DATE OF 1975 AMENDMENT
Section 102 of Pub. L. 94-169, as amended by section 101 of Pub.
L. 94-432, eff. Sept. 30, 1976, provided that the amendment made by
that section is effective Jan. 1, 1976.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1974 AMENDMENT
Section 10 of Pub. L. 93-527 provided that: "This Act [see Tables
for classification] shall take effect on January 1, 1975."
EFFECTIVE DATE OF 1973 AMENDMENT
Section 8 of Pub. L. 93-177 provided that: "This Act [see Tables
for classification] shall take effect on January 1, 1974."
EFFECTIVE DATE OF 1971 AMENDMENT
Section 6 of Pub. L. 92-198 provided that: "This Act [see Tables
for classification] shall take effect on January 1, 1972."
EFFECTIVE DATE OF 1970 AMENDMENT
Section 10 of Pub. L. 91-588 provided that:
"(a) Sections 1, 2(a), (b), and (c), 3, 4, 5, 6, 7, 8, and 9 [see
Tables for classification] shall take effect on January 1, 1971.
"(b) Sections 2(d) and 6 [amending sections 415 and 506 [now 1315
and 1506] of this title] shall take effect on January 1, 1972."
[In view of the similarity of subject matter covered by
amendments made by sections 2(d) and 6 of Pub. L. 91-588, the
effective date for the amendment made by section 6 was probably
intended by Congress to be Jan. 1, 1972, as called for in subsec.
(b) of section 10 of Pub. L. 91-588, rather than Jan. 1, 1971, as
called for in subsec. (a) of that section.]
EFFECTIVE DATE OF 1968 AMENDMENT
Section 6 of Pub. L. 90-275 provided that:
"(a) The first section and sections 2 and 4 of this Act [amending
this section and sections 415 and 541 [now 1315 and 1541] of this
title and enacting provisions set out below] shall take effect on
January 1, 1969.
"(b) Sections 3 and 5 of this Act [enacting provisions set out
below and amending section 3012 [now 5112] of this title] shall
take effect on the first day of the first calendar month following
the month of initial payment of increases in monthly insurance
benefits provided by the Social Security Amendments of 1967 [see
Short Title note under section 302 of Title 42, the Public Health
and Welfare]."
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 1964 AMENDMENT
Amendment by Pub. L. 88-664 and provisions of section 10 of Pub.
L. 88-664, set out as a note below, effective Jan. 1, 1965, see
section 11 of Pub. L. 88-664, set out as a note under section 1503
of this title.
EFFECTIVE DATE OF 1961 AMENDMENT
Section 2 of Pub. L. 87-101 provided that: "Pension shall not be
paid for any period prior to the effective date of this Act [July
21, 1961] to any person whose eligibility for pension is
established solely by virtue of this Act [amending this section]."
EFFECTIVE DATE OF 1959 AMENDMENT
Amendment by Pub. L. 86-211 effective July 1, 1960, see section
10 of Pub. L. 86-211, set out as an Effective Date note under
section 1506 of this title.
SAVINGS PROVISION FOR PERSONS ENTITLED TO PENSION AS OF DECEMBER
31, 1978; OTHER PROVISIONS
Section 306 of Pub. L. 95-588, as amended by Pub. L. 102-40,
title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102-
83, Secs. 5(c)(2), 6(c), Aug. 6, 1991, 105 Stat. 406, 407,
provided that:
"(a)(1)(A) Except as provided in subparagraph (B), any person who
as of December 31, 1978, is entitled to receive pension under
section 1521, 1541, or 1542 [formerly 521, 541, or 542] of title
38, United States Code, may elect to receive pension under such
section as in effect after such date, subject to the terms and
conditions in effect with respect to the receipt of such pension.
Any such election shall be made in such form and manner as the
Secretary of Veterans Affairs (hereinafter in this section referred
to as the 'Secretary') may prescribe. If pension is paid pursuant
to such an election, the election shall be irrevocable.
"(B) Any veteran eligible to make an election under subparagraph
(A) who is married to another veteran who is also eligible to make
such an election may not make such an election unless both such
veterans make such an election.
"(2) Any person eligible to make an election under paragraph (1)
who does not make such an election shall continue to receive
pension at the monthly rate being paid to such person on December
31, 1978, subject to all provisions of law applicable to basic
eligibility for and payment of pension under section 1521, 1541, or
1542 [formerly 521, 541, or 542], as appropriate, of title 38,
United States Code, as in effect on December 31, 1978, except that -
"(A) pension may not be paid to such person if such person's
annual income (determined in accordance with section 1503
[formerly 503] of title 38, United States Code, as in effect on
December 31, 1978) exceeds $4,038, in the case of a veteran or
surviving spouse without dependents, $5,430, in the case of a
veteran or surviving spouse with one or more dependents, or
$3,299, in the case of a child; and
"(B) the amount prescribed in subsection (f)(1) of section 1521
[formerly 521] of such title (as in effect on December 31, 1978)
shall be $1,285;
as each such amount is increased from time to time under paragraph
(3).
"(3) Whenever there is an increase under section 5312 [formerly
3112] of title 38, United States Code (as added by section 304 of
this Act), in the maximum annual rates of pension under sections
1521, 1541, and 1542 [formerly 521, 541, and 542] of such title, as
in effect after December 31, 1978, the Secretary shall, effective
on the date of such increase under such section 5312 [formerly
3112], increase -
"(A) the annual income limitations in effect under paragraph
(2); and
"(B) the amount of income of a veteran's spouse excluded from
the annual income of such veteran under section 1521(f)(1)
[formerly 521(f)(1)] of such title, as in effect on December 31,
1978;
by the same percentage as the percentage by which such maximum
annual rates under such sections 1521, 1541, and 1542 [formerly
521, 541, and 542] are increased.
"(b)(1) [Subsec. (b)(1) which provided for the repeal, effective
Jan. 1, 1979, of section 9 of the Veterans' Pension Act of 1959,
Pub. L. 86-211, Sec. 9, Aug. 29, 1959, 73 Stat. 436, has been
executed to note set out under this section.]
"(2)(A) Except as provided in subparagraph (B), any person who as
of December 31, 1978, is entitled to receive pension under section
9(b) of the Veterans' Pension Act of 1959 Pub. L. 86-211, Sec. 9,
Aug. 29, 1959, 73 Stat. 436 [formerly set out as a note under this
section] may elect to receive pension under section 1521, 1541, or
1542 [formerly 521, 541, or 542] of title 38, United States Code,
as in effect after such date, subject to the terms and conditions
in effect with respect to the receipt of such pension. Any such
election shall be made in such form and manner as the Secretary may
prescribe. If pension is paid pursuant to such an election, the
election shall be irrevocable.
"(B) Any veteran eligible to make an election under subparagraph
(A) who is married to another veteran who is also eligible to make
such an election may not make such an election unless both such
veterans make such an election.
"(3) Any person eligible to make an election under paragraph (2)
who does not make such an election shall continue to receive
pension at the monthly rate being paid to such person on December
31, 1978, subject to all provisions of law applicable to basic
eligibility for and payment of pension under section 9(b) of the
Veterans' Pension Act of 1959 Pub. L. 86-211, Sec. 9(b), Aug. 29,
1959, 73 Stat. 436 [formerly set out below], as in effect on
December 31, 1978, except that pension may not be paid to such
person if such person's annual income (determined in accordance
with the applicable provisions of law, as in effect on December 31,
1978) exceeds $3,534, in the case of a veteran or surviving spouse
without dependents or in the case of a child, or $5,098, in the
case of a veteran or surviving spouse with one or more dependents,
as each such amount is increased from time to time under paragraph
(4).
"(4) Whenever there is an increase under section 5312 [formerly
3112] of title 38, United States Code (as added by section 304 of
this Act), in the maximum annual rates of pension under sections
1521, 1541, and 1542 [formerly 521, 541, and 542] of such title, as
in effect after December 31, 1978, the Secretary shall, effective
on the date of such increase under such section 5312 [formerly
3112], increase the annual income limitations in effect under
paragraph (3) by the same percentage as the percentage by which the
maximum annual rates under such sections 1521, 1542, and 1543
[formerly 521, 542, and 543] are increased.
"(c) Any case in which -
"(1) a claim for pension is pending in the Veterans'
Administration on December 31, 1978;
"(2) a claim for pension is filed by a veteran after December
31, 1978, and within one year after the date on which such
veteran became totally and permanently disabled, if such veteran
became totally and permanently disabled before January 1, 1979;
or
"(3) a claim for pension is filed by a surviving spouse or by a
child after December 31, 1978, and within one year after the date
of death of the veteran through whose relationship such claim is
made, if the death of such veteran occurred before January 1,
1979;
shall be adjudicated under title 38, United States Code, as in
effect on December 31, 1978. Any benefits determined to be payable
as the result of the adjudication of such a claim shall be subject
to the provisions of subsection (a).
"(d) In any case in which any person who as of December 31, 1978,
is entitled to receive pension under section 1521, 1541, or 1542
[formerly 521, 541, or 542] of title 38, United States Code, or
under section 9(b) of the Veterans' Pension Act of 1959 Pub. L. 86-
211, 6, 9(b), Aug. 29, 1959, 73 Stat. 436 [formerly set out as a
note under this section], elects (in accordance with subsection
(a)(1) or (b)(2), as appropriate) before October 1, 1979, to
receive pension under such section as in effect after December 31,
1978, the Administrator of Veterans' Affairs shall pay to such
person an amount equal to the amount by which the amount of pension
benefits such person would have received had such election been
made on January 1, 1979, exceeds the amount of pension benefits
actually paid to such person for the period beginning on January 1,
1979, and ending on the date preceding the date of such election.
"(e) Whenever there is an increase under subsections (a)(3) and
(b)(4) in the annual income limitations with respect to persons
being paid pension under subsections (a)(2) and (b)(3), the
Secretary shall publish such annual income limitations, as
increased pursuant to such subsections, in the Federal Register at
the same time as the material required by section 215(i)(2)(D) of
the Social Security Act [section 415(i)(2)(D) of Title 42, The
Public Health and Welfare] is published by reason of a
determination under section 215(i) of such Act."
SAVINGS PROVISION
Section 9 of Pub. L. 86-211, which provided (1) that any claim
for pension which was pending on June 30, 1960, or any claim for
death pension filed thereafter within one year from the date of
death of a veteran which occurred prior to July 1, 1960, would be
adjudicated under this title in effect on June 30, 1960, with
respect to the period before July 1, 1960, and, except as provided
below, under this title, as amended by Pub. L. 86-211, thereafter;
(2) that nothing in Pub. L. 86-211 would affect the eligibility of
any person receiving pension under this title on June 30, 1960, for
pension under all applicable provisions of this title in effect on
that date for such period or periods thereafter with respect to
which he could qualify under such provisions and that this
provision would not apply in any case for any period after pension
was granted, pursuant to application, under this title as amended
by Pub. L. 86-211; and (3) that provision (2) would not apply to
those claims within the purview of provision (1) in which it was
determined that pension was payable for June 30, 1960, was
repealed, effective Jan. 1, 1979, by section 306(b)(1) of Pub. L.
95-588, set out as a note above.
INCREASE IN AID AND ATTENDANCE RATES FOR VETERANS ELIGIBLE FOR
PENSION
Pub. L. 105-178, title VIII, Sec. 8206, June 9, 1998, 112 Stat.
494, provided that: "Effective October 1, 1998, the maximum annual
rates of pension in effect as of September 30, 1998, under the
following provisions of chapter 15 of title 38, United States Code,
are increased by $600:
"(1) Subsections (d)(1), (d)(2), (f)(2), and (f)(4) of section
1521.
"(2) Section 1536(d)(2)."
REPORT TO CONGRESSIONAL COMMITTEES; MEDICAL EXAMINATIONS OF CERTAIN
PENSION RECIPIENTS
Pub. L. 98-543, title III, Sec. 302, Oct. 24, 1984, 98 Stat.
2747, directed Administrator of Veterans' Affairs to report to
Committees on Veterans' Affairs of House of Representatives and
Senate not later than 28 months after Oct. 24, 1984, on results of
medical examinations conducted on certain individuals awarded
pensions under this section as permanently and totally disabled by
reason of being 65 years of age or older or becoming unemployable
after age 65.
STUDY OF PENSION BENEFITS PAID TO PERSONS RESIDING OUTSIDE UNITED
STATES; TRANSMITTAL OF REPORT AND RECOMMENDATIONS TO PRESIDENT AND
CONGRESS
Pub. L. 95-588, title III, Sec. 308, Nov. 4, 1978, 92 Stat. 2510,
directed Administrator of Veterans' Affairs, in consultation with
Secretary of State, to carry out a comprehensive study of income
characteristics of veterans of a period of war, as defined in
section 101(11) of this title, and their survivors residing outside
the fifty States and the District of Columbia, required submission
of a report to Congress and President on results of such study not
later than Feb. 1, 1980.
PENSION, DEPENDENCY, AND INDEMNITY COMPENSATION; RELATION TO SOCIAL
SECURITY AMENDMENTS OF 1967
Section 3 of Pub. L. 90-275 provided that:
"(a) If the monthly rate of pension or dependency and indemnity
compensation payable to a person under title 38, United States
Code, would be less, solely as a result of an increase in monthly
insurance benefits provided by the Social Security Amendments of
1967 [see Short Title note set out under section 302 of Title 42,
The Public Health and Welfare], than the monthly rate payable for
the month immediately preceding the effective date of this Act [see
Effective Date of 1968 Amendment note set out above], the
Administrator of Veterans' Affairs shall pay the person as follows:
"(1) for the balance of calendar year 1968 and during calendar
year 1969, at the prior monthly rate;
"(2) during the calendar year 1970, at the rate for the next
$100 annual income limitation higher than the maximum annual
income limitation corresponding to the prior monthly rate; and
"(3) during each successive calendar year, at the rate for the
next $100 annual income limitation higher than the one applied
for the preceding year, until the rate corresponding to actual
countable income is reached.
"(b) Subsection (a) shall not apply for any period during which
annual income of such person, exclusive of an increase in monthly
insurance benefits provided by the Social Security Amendments of
1967 [see Short Title note set out under section 302 of Title 42],
exceeds the amount of annual income upon which was based the
pension or dependency and indemnity compensation payable to the
person immediately prior to receipt of the increase."
[Provisions of section 3 of Pub. L. 90-275 effective on first day
of first calendar month following month of initial payment of
increases in monthly insurance benefits provided by Social Security
Amendments of 1967 [see Short Title note set out under section 302
of Title 42], see section 6(b) of Pub. L. 90-275, set out as an
Effective Date of 1968 Amendment note above.]
INCOME RESTRICTIONS ON PENSIONS; EFFECTIVE DATES
Section 4 of Pub. L. 90-275, as amended by Pub. L. 91-588, Sec.
5; Pub. L. 92-198, Sec. 4; Pub. L. 93-527, Sec. 6; Pub. L. 94-169,
Sec. 107; Pub. L. 94-432, Sec. 206; Pub. L. 95-204, Sec. 105,
provided that: "The income limitations governing payment of pension
under the first sentence of section 9(b) of the Veterans' Pension
Act of 1959 [formerly set out in a Savings Provision note above]
hereafter shall be $3,300 and $4,760 instead of $3,100 and $4,460,
respectively."
Section 4 of Pub. L. 90-275, as originally enacted, was eff. Jan.
1, 1969, pursuant to Pub. L. 90-275, Sec. 6(a). Subsequent
amendments to said section 4 by Pub. L. 91-588, Pub. L. 92-198, and
Pub. L. 94-169 were effective Jan. 1, 1971, Jan. 1, 1972, and for a
period beginning Jan. 1, 1976 and ending Sept. 30, 1976,
respectively. Pub. L. 94-432, Secs. 101, 405(b) amended said
section 4 of Pub. L. 90-275 and section 107 of Pub. L. 94-169 to be
effective Jan. 1, 1976 and Jan. 1, 1977, respectively. Pub. L. 95-
204, Sec. 302 amended said section 4 of Pub. L. 90-275 to be
effective Jan. 1, 1978.
AID AND ATTENDANCE ALLOWANCE FOR WIDOWS OF VETERANS OF ALL PERIODS
OF WAR
Pub. L. 90-77, title I, Sec. 108(c), Aug. 31, 1967, 81 Stat. 180,
provided that: "If any widow is entitled to pension under the first
sentence of section 9(b) of the Veterans' Pension Act of 1959
[formerly set out in a Savings Provision note above] and is in need
of regular aid and attendance, the monthly rate of pension payable
to her shall be increased by $50."
PENSION FOR HOUSEBOUND VETERANS
Pub. L. 90-77, title I, Sec. 110, Aug. 31, 1967, 81 Stat. 180,
provided that: "The Administrator of Veterans' Affairs shall pay to
a veteran who is entitled to pension under the first sentence of
section 9(b) of the Veterans' Pension Act of 1959 [formerly set out
in a Savings Provision note above] and who -
"(1) has, in addition to a disability rated as permanent and
total, additional disability or disabilities independently
ratable at 60 per centum or more, or
"(2) by reason of his disability or disabilities, is
permanently housebound but does not qualify for pension based on
need of regular aid and attendance,
in lieu of the pension otherwise payable to him, a pension at the
monthly rate of $100."
RETIREMENT INCOME EXCLUSION
Section 10 of Pub. L. 88-664 provided that: "In computing the
income of persons whose pension eligibility is subject to the first
sentence of section 9(b) of the Veterans' Pension Act of 1959
[formerly set out in a Savings Provision note above] there shall be
excluded 10 per centum of the amount of payments received under
public or private retirement, annuity, endowment or similar plans
or programs."
-End-
-CITE-
38 USC Sec. 1522 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Non-Service-Connected Disability Pension
Sec. 1522. Net worth limitation
-STATUTE-
(a) The Secretary shall deny or discontinue the payment of
pension to a veteran under section 1513 or 1521 of this title when
the corpus of the estate of the veteran or, if the veteran has a
spouse, the corpus of the estates of the veteran and of the
veteran's spouse is such that under all the circumstances,
including consideration of the annual income of the veteran, the
veteran's spouse, and the veteran's children, it is reasonable that
some part of the corpus of such estates be consumed for the
veteran's maintenance.
(b) The Secretary shall deny or discontinue the payment of
increased pension under subsection (c), (d), (e), or (f) of section
1521 of this title on account of a child when the corpus of such
child's estate is such that under all the circumstances, including
consideration of the veteran's and spouse's income, and the income
of the veteran's children, it is reasonable that some part of the
corpus of such child's estate be consumed for the child's
maintenance. During the period such denial or discontinuance
remains in effect, such child shall not be considered as the
veteran's child for purposes of this chapter.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1136, Sec. 522; Pub. L. 86-
211, Sec. 3(b), Aug. 29, 1959, 73 Stat. 434; Pub. L. 95-588, title
I, Sec. 107, Nov. 4, 1978, 92 Stat. 2502; renumbered Sec. 1522 and
amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 404-406; Pub. L. 107-103, title II, Sec.
207(b)(2), Dec. 27, 2001, 115 Stat. 991.)
-MISC1-
AMENDMENTS
2001 - Subsec. (a). Pub. L. 107-103 inserted "1513 or" before
"1521 of this title".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 522 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1521" for "521" in
subsecs. (a) and (b).
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in subsecs. (a) and (b).
1978 - Pub. L. 95-588 designated existing provisions as subsec.
(a), inserted provisions relating to consideration of the income
and estates of the spouse and children of an eligible veteran, and
added subsec. (b).
1959 - Pub. L. 86-211 substituted provisions requiring the denial
or discontinuance of payment of pension when the corpus of the
veteran's estate is such that under all the circumstances,
including consideration of the veteran's income, it is reasonable
that some part of the corpus be consumed for the veteran's
maintenance for provisions which prohibited the payment of a
pension to any unmarried veteran whose annual income exceeds $1,400
or to any married veteran or any veteran with children whose annual
income exceeds $2,700.
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107-103 effective Sept. 17, 2001, see
section 207(c) of Pub. L. 107-103, set out as an Effective Date
note under section 1513 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1959 AMENDMENT
Amendment by Pub. L. 86-211 effective July 1, 1960, see section
10 of Pub. L. 86-211, set out as an Effective Date note under
section 1521 of this title.
-End-
-CITE-
38 USC Sec. 1523 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Non-Service-Connected Disability Pension
Sec. 1523. Combination of ratings
-STATUTE-
(a) The Secretary shall provide that, for the purpose of
determining whether or not a veteran is permanently and totally
disabled, ratings for service-connected disabilities may be
combined with ratings for non-service-connected disabilities.
(b) Where a veteran, by virtue of subsection (a), is found to be
entitled to a pension under section 1521 of this title, and is
entitled to compensation for a service-connected disability, the
Secretary shall pay such veteran the greater benefit.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1136, Sec. 523; Pub. L. 94-
169, title I, Sec. 106(19), Dec. 23, 1975, 89 Stat. 1018;
renumbered Sec. 1523 and amended Pub. L. 102-83, Secs. 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 523 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521" for
"521".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
1975 - Subsec. (b). Pub. L. 94-169 substituted "such veteran" for
"him".
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
-End-
-CITE-
38 USC Sec. 1524 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Non-Service-Connected Disability Pension
Sec. 1524. Vocational training for certain pension recipients
-STATUTE-
(a)(1) In the case of a veteran under age 45 who is awarded a
pension during the program period, the Secretary shall, based on
information on file with the Department of Veterans Affairs, make a
preliminary finding whether such veteran, with the assistance of a
vocational training program under this section, has a good
potential for achieving employment. If such potential is found to
exist, the Secretary shall solicit from the veteran an application
for vocational training under this section. If the veteran
thereafter applies for such training, the Secretary shall provide
the veteran with an evaluation, which may include a personal
interview, to determine whether the achievement of a vocational
goal is reasonably feasible.
(2) If a veteran who is 45 years of age or older and is awarded
pension during the program period, or a veteran who was awarded
pension before the beginning of the program period, applies for
vocational training under this section and the Secretary makes a
preliminary finding on the basis of information in the application
that, with the assistance of a vocational training program under
subsection (b) of this section, the veteran has a good potential
for achieving employment, the Secretary shall provide the veteran
with an evaluation in order to determine whether the achievement of
a vocational goal by the veteran is reasonably feasible. Any such
evaluation shall include a personal interview by a Department
employee trained in vocational counseling.
(3) For the purposes of this section, the term "program period"
means the period beginning on February 1, 1985, and ending on
December 31, 1995.
(b)(1) If the Secretary, based upon an evaluation under
subsection (a) of this section, determines that the achievement of
a vocational goal by a veteran is reasonably feasible, the veteran
shall be offered and may elect to pursue a vocational training
program under this subsection. If the veteran elects to pursue such
a program, the program shall be designed in consultation with the
veteran in order to meet the veteran's individual needs and shall
be set forth in an individualized written plan of vocational
rehabilitation of the kind described in section 3107 of this title.
(2)(A) Subject to subparagraph (B) of this paragraph, a
vocational training program under this subsection shall consist of
vocationally oriented services and assistance of the kind provided
under chapter 31 of this title and such other services and
assistance of the kind provided under that chapter as are necessary
to enable the veteran to prepare for and participate in vocational
training or employment.
(B) A vocational training program under this subsection -
(i) may not exceed 24 months unless, based on a determination
by the Secretary that an extension is necessary in order for the
veteran to achieve a vocational goal identified (before the end
of the first 24 months of such program) in the written plan
formulated for the veteran, the Secretary grants an extension for
a period not to exceed 24 months;
(ii) may not include the provision of any loan or subsistence
allowance or any automobile adaptive equipment of the kind
provided under chapter 39 of this title; and
(iii) may include a program of education at an institution of
higher learning (as defined in sections 3452(b) and 3452(f),
respectively, of this title) only in a case in which the
Secretary determines that the program involved is predominantly
vocational in content.
(3) When a veteran completes a vocational training program under
this subsection, the Secretary may provide the veteran with
counseling of the kind described in section 3104(a)(2) of this
title, placement and postplacement services of the kind described
in section 3104(a)(5) of this title, and training of the kind
described in section 3104(a)(6) of this title during a period not
to exceed 18 months beginning on the date of such completion.
(4) A veteran may not begin pursuit of a vocational training
program under this subsection after the later of (A) December 31,
1995, or (B) the end of a reasonable period of time, as determined
by the Secretary, following either the evaluation of the veteran
under subsection (a) of this section or the award of pension to the
veteran as described in subsection (a)(2) of this section. Any
determination by the Secretary of such a reasonable period of time
shall be made pursuant to regulations which the Secretary shall
prescribe.
(c) In the case of a veteran who has been determined to have a
permanent and total non-service-connected disability and who, not
later than one year after the date the veteran's eligibility for
counseling under subsection (b)(3) of this section expires, secures
employment within the scope of a vocational goal identified in the
veteran's individualized written plan of vocational rehabilitation
(or in a related field which requires reasonably developed skills
and the use of some or all of the training or services furnished
the veteran under such plan), the evaluation of the veteran as
having a permanent and total disability may not be terminated by
reason of the veteran's capacity to engage in such employment until
the veteran first maintains such employment for a period of not
less than 12 consecutive months.
(d) A veteran who pursues a vocational training program under
subsection (b) of this section shall have the benefit of the
provisions of subsection (a) of section 1525 of this title
beginning at such time as the veteran's entitlement to pension is
terminated by reason of income from work or training (as defined in
subsection (b)(1) of that section) without regard to the date on
which the veteran's entitlement to pension is terminated.
(e) Payments by the Secretary for education, training, and other
services and assistance under subsection (b) of this section (other
than the services of Department employees) shall be made from the
Department appropriations account from which payments for pension
are made.
-SOURCE-
(Added Pub. L. 98-543, title III, Sec. 301(a)(1), Oct. 24, 1984, 98
Stat. 2744, Sec. 524; amended Pub. L. 99-576, title VII, Sec.
703(b)(1), Oct. 28, 1986, 100 Stat. 3303; Pub. L. 100-227, title
II, Sec. 202, Dec. 31, 1987, 101 Stat. 1555; Pub. L. 100-687, div.
B, title XIII, Sec. 1303(a), (b), Nov. 18, 1988, 102 Stat. 4128;
Pub. L. 101-237, title I, Sec. 114, Dec. 18, 1989, 103 Stat. 2065;
renumbered Sec. 1524 and amended Pub. L. 102-83, Secs. 4(a)(3),
(4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406;
Pub. L. 102-291, Sec. 2(b), May 20, 1992, 106 Stat. 178; Pub. L.
102-568, title IV, Sec. 402(a)-(c)(2)(A), Oct. 29, 1992, 106 Stat.
4337; Pub. L. 103-446, title XII, Sec. 1201(g)(2), Nov. 2, 1994,
108 Stat. 4687.)
-MISC1-
AMENDMENTS
1994 - Subsec. (a)(2). Pub. L. 103-446 substituted "If" for
"Subject to paragraph (3) of this subsection, if".
1992 - Pub. L. 102-568, Sec. 402(c)(2)(A), substituted
"Vocational training for certain pension recipients" for "Temporary
program of vocational training for certain new pension recipients"
as section catchline.
Subsec. (a)(1). Pub. L. 102-568, Sec. 402(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: "Subject
to paragraph (3) of this subsection, in the case of a veteran under
the age of 45 who is awarded pension during the program period, the
Secretary shall determine whether the achievement of a vocational
goal by the veteran is reasonably feasible. Any such determination
shall be made only after evaluation of the veteran's potential for
rehabilitation, and any such evaluation shall include a personal
interview of the veteran by a Department employee who is trained in
vocational counseling. If the veteran fails, for reasons other than
those beyond the veteran's control, to participate in the
evaluation in the manner required by the Secretary in order to make
such determination, the Secretary shall suspend the veteran's
pension for the duration of such failure."
Subsec. (a)(3). Pub. L. 102-568, Sec. 402(b), redesignated par.
(4) as (3), substituted "December 31, 1995" for "December 31,
1992", and struck out former par. (3) which read as follows: "Not
more than 3,500 veterans may be given evaluations under this
subsection during any 12-month period beginning on February 1 of a
year."
Subsec. (a)(4). Pub. L. 102-568, Sec. 402(b)(2), redesignated
par. (4) as (3).
Pub. L. 102-291 substituted "December 31, 1992" for "January 31,
1992".
Subsec. (b)(4). Pub. L. 102-568, Sec. 402(c)(1), substituted
"December 31, 1995" for "January 31, 1992".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 524 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" wherever appearing in pars. (1) and
(2).
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" in pars. (1) and (2).
Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "3107"
for "1507".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Subsec. (b)(2)(B)(i). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator" in two places.
Subsec. (b)(2)(B)(iii). Pub. L. 102-83, Sec. 5(c)(1), substituted
"3452(b) and 3452(f)" for "1652(b) and 1652(f)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Subsec. (b)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted
"3104(a)(2)" for "1504(a)(2)", "3104(a)(5)" for "1504(a)(5)", and
"3104(a)(6)" for "1504(a)(6)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Subsec. (b)(4). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" wherever appearing.
Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "1525" for
"525".
Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" in two places.
1989 - Subsec. (a)(1), (2). Pub. L. 101-237, Sec. 114(a),
substituted "45" for "50".
Subsecs. (c) to (e). Pub. L. 101-237, Sec. 114(b), added subsec.
(c) and redesignated former subsecs. (c) and (d) as (d) and (e),
respectively.
1988 - Subsec. (a)(2). Pub. L. 100-687, Sec. 1303(a), substituted
"is awarded pension during the program period, or a veteran who was
awarded pension before the beginning of the program period," for
"who is awarded pension during the program period".
Subsecs. (a)(4), (b)(4)(A). Pub. L. 100-687, Sec. 1303(b),
substituted "1992" for "1989".
1987 - Subsec. (a)(3). Pub. L. 100-227 substituted "3,500" for
"2,500".
1986 - Subsec. (a)(2). Pub. L. 99-576, Sec. 703(b)(1)(A),
substituted "subsection (b) of this section" for "subsection (d) of
this section".
Subsec. (b)(4). Pub. L. 99-576, Sec. 703(b)(1)(B), substituted
"subsection (a) of this section" for "subsection (a)(1) of this
section".
Subsec. (c). Pub. L. 99-576, Sec. 703(b)(1)(C), substituted "A
veteran" for "Notwithstanding subsection (c) of section 525 of this
title, a veteran" and "defined in subsection (b)(1) of that
section" for "defined in subsection (b) of that section", and
inserted "without regard to the date on which the veteran's
entitlement to pension is terminated."
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-291 effective Jan. 31, 1992, see section
2(d) of Pub. L. 102-291, set out as a note under section 1163 of
this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-576 effective as if included in Pub. L.
98-543, see section 703(c) of Pub. L. 99-576, set out as a note
under section 1313 of this title.
RATIFICATION OF ACTIONS OF SECRETARY OF VETERANS AFFAIRS DURING
LAPSED PERIOD
Provision of a vocational training program to a veteran under
this section and the making of related determinations under this
section ratified with respect to period beginning Feb. 1, 1992, and
ending May 20, 1992, see section 2(e) of Pub. L. 102-291, set out
as a note under section 1163 of this title.
REPORT TO CONGRESSIONAL COMMITTEES; NEW PENSION RECIPIENTS;
HEALTH-CARE ELIGIBILITY
Section 301(b) of Pub. L. 98-543 directed Administrator of
Veterans' Affairs to submit to Committees on Veterans' Affairs of
Senate and House of Representatives not later than Apr. 15, 1988, a
report on results of implementation of this section and section 525
[now 1525] of this title during period beginning on Feb. 1, 1985,
and ending on Jan. 31, 1988.
-End-
-CITE-
38 USC Sec. 1525 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Non-Service-Connected Disability Pension
Sec. 1525. Protection of health-care eligibility
-STATUTE-
(a) In the case of a veteran whose entitlement to pension is
terminated after January 31, 1985, by reason of income from work or
training, the veteran shall retain for a period of three years
beginning on the date of such termination all eligibility for care
and services under such chapter that the veteran would have had if
the veteran's entitlement to pension had not been terminated. Care
and services for which such a veteran retains eligibility include,
when applicable, drugs and medicines under section 1712(d) of this
title.
(b) For purposes of this section, the term "terminated by reason
of income from work or training" means terminated as a result of
the veteran's receipt of earnings from activity performed for
remuneration or with gain, but only if the veteran's annual income
from sources other than such earnings would, taken alone, not
result in the termination of the veteran's pension.
-SOURCE-
(Added Pub. L. 98-543, title III, Sec. 301(a)(1), Oct. 24, 1984, 98
Stat. 2746, Sec. 525; amended Pub. L. 99-272, title XIX, Sec.
19011(d)(1), Apr. 7, 1986, 100 Stat. 378; Pub. L. 99-576, title
VII, Sec. 703(b)(2), Oct. 28, 1986, 100 Stat. 3303; Pub. L. 100-
687, div. B, title XIII, Sec. 1303(c), Nov. 18, 1988, 102 Stat.
4128; renumbered Sec. 1525 and amended Pub. L. 102-83, Sec. 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-291, Sec. 2(c),
May 20, 1992, 106 Stat. 178; Pub. L. 102-568, title IV, Sec.
403(a), (b)(1), Oct. 29, 1992, 106 Stat. 4337; Pub. L. 104-262,
title I, Sec. 101(e)(1), Oct. 9, 1996, 110 Stat. 3180.)
-MISC1-
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-262, Sec. 101(e)(1)(A),
substituted "section 1712(d) of this title" for "section 1712(h) of
this title and special priority with respect to such care and
services under clauses (5) and (6) of section 1712(i)".
Subsec. (b). Pub. L. 104-262, Sec. 101(e)(1)(B), substituted
"remuneration" for "renumeration".
1992 - Pub. L. 102-568, Sec. 403(b)(1), substituted "Protection"
for "Temporary protection" in section catchline.
Subsec. (a). Pub. L. 102-568, Sec. 403(a)(1), substituted "after
January 31, 1985," for "during the program period".
Subsec. (b). Pub. L. 102-568, Sec. 403(a)(2), added subsec. (b)
and struck out former subsec. (b) which read as follows: "For the
purposes of this section:
"(1) The term 'terminated by reason of income from work or
training' means terminated as a result of the veteran's receipt
of earnings from activity performed for remuneration or gain, but
only if the veteran's annual income from sources other than such
earnings would, taken alone, not result in the termination of the
veteran's pension.
"(2) The term 'program period' means the period beginning on
February 1, 1985, and ending on December 31, 1992."
Pub. L. 102-291 substituted "December 31, 1992" for "January 31,
1992" in par. (2).
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 525 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1712(h)"
for "612(h)" and "1712(i)" for "612(i)".
1988 - Subsec. (b)(2). Pub. L. 100-687 substituted "1992" for
"1989".
1986 - Subsec. (a). Pub. L. 99-576 struck out "under section 521
of this title" after "entitlement to pension".
Pub. L. 99-272 substituted "clauses (5) and (6) of section
612(i)" for "section 612(i)(5) of this title".
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-291 effective Jan. 31, 1992, see section
2(d) of Pub. L. 102-291, set out as a note under section 1163 of
this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendment by Pub. L. 99-576 effective as if included in Pub. L.
98-543, see section 703(c) of Pub. L. 99-576, set out as a note
under section 1313 of this title.
Amendment by Pub. L. 99-272 applicable to hospital care, nursing
home care, and medical services furnished on or after July 1, 1986,
see section 19011(f) of Pub. L. 99-272, set out as a note under
section 1710 of this title.
RATIFICATION OF ACTIONS OF SECRETARY OF VETERANS AFFAIRS DURING
LAPSED PERIOD
Provision of health care and services to a veteran pursuant to
this section ratified with respect to period beginning Feb. 1,
1992, and ending May 20, 1992, see section 2(e) of Pub. L. 102-291,
set out as a note under section 1163 of this title.
-End-
-CITE-
38 USC SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND
CHILDREN 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
-MISC1-
AMENDMENTS
1975 - Pub. L. 94-169, title I, Sec. 101(2)(G), Dec. 23, 1975, 89
Stat. 1014, substituted "SURVIVING SPOUSES" for "WIDOWS" in
subchapter heading.
-End-
-CITE-
38 USC Wars Before World War I 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Wars Before World War I
WARS BEFORE WORLD WAR I
-End-
-CITE-
38 USC Sec. 1531 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Wars Before World War I
[Sec. 1531. Vacant]
-COD-
CODIFICATION
Prior to renumbering of sections 501 to 543 of this chapter as
sections 1501 to 1543 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,
105 Stat. 406, section 531 of this chapter, Pub. L. 85-857, Sept.
2, 1958, 72 Stat. 1137; Pub. L. 90-77, title I, Sec. 105, Aug. 31,
1967, 81 Stat. 179, which provided for a monthly pension to widows
of Mexican War veterans, was repealed by Pub. L. 94-169, title I,
Sec. 101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1,
1976.
-End-
-CITE-
38 USC Sec. 1532 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Wars Before World War I
Sec. 1532. Surviving spouses of Civil War veterans
-STATUTE-
(a) The Secretary shall pay to the surviving spouse of each Civil
War veteran who met the service requirements of this section a
pension at the following monthly rate:
(1) $40.64 if such surviving spouse is below seventy years of
age; or
(2) $70 if such surviving spouse is seventy years of age or
older.
(b) If there is a child of the veteran, the rate of pension paid
to the surviving spouse under subsection (a) shall be increased by
$8.13 per month for each such child.
(c) A veteran met the service requirements of this section if
such veteran served for ninety days or more in the active military
or naval service during the Civil War, as heretofore defined under
public laws administered by the Veterans' Administration, or if
such veteran was discharged or released from such service upon a
surgeon's certificate of disability.
(d) No pension shall be paid to a surviving spouse of a veteran
under this section unless such surviving spouse was married to such
veteran -
(1) before June 27, 1905; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage,
or was born to them before the marriage.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137, Sec. 532; Pub. L. 90-
77, title I, Secs. 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179;
Pub. L. 94-169, title I, Sec. 106(20)-(23), Dec. 23, 1975, 89 Stat.
1018; Pub. L. 102-54, Sec. 14(b)(7), June 13, 1991, 105 Stat. 283;
renumbered Sec. 1532 and amended Pub. L. 102-83, Secs. 4(a)(1),
(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403-406; Pub. L. 103-
446, title XII, Sec. 1201(a)(2), Nov. 2, 1994, 108 Stat. 4682.)
-MISC1-
AMENDMENTS
1994 - Subsec. (c). Pub. L. 103-446 substituted "Veterans'
Administration" for "Secretary".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 532 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in introductory provisions.
Pub. L. 102-54 substituted a period for semicolon at end of par.
(2) and struck out at end "unless such surviving spouse was the
spouse of the veteran during such veteran's service in the Civil
War, in which case the monthly rate shall be $75."
Subsec. (c). Pub. L. 102-83, Sec. 4(a)(1), substituted
"administered by the Secretary" for "administered by the Veterans'
Administration".
1975 - Pub. L. 94-169, Sec. 106(23), substituted "Surviving
spouses" for "Widows" in section catchline.
Subsec. (a). Pub. L. 94-169, Sec. 106(20), substituted "pay to
the surviving spouse" for "pay to the widow", "such surviving
spouse" for "she" wherever appearing, "was the spouse" for "was the
wife" and "such veteran's" for "his".
Subsec. (b). Pub. L. 94-169, Sec. 106(21), substituted "surviving
spouse" for "widow".
Subsec. (c). Pub. L. 94-169, Sec. 106(21), substituted "such
veteran" for "he" wherever appearing.
Subsec. (d). Pub. L. 94-169, Sec. 106(22), substituted "surviving
spouse", "such surviving spouse" and "such veteran" for "widow",
"she" and "him", respectively.
1967 - Subsec. (a)(2). Pub. L. 90-77, Sec. 105, substituted "$70"
for "$65".
Subsec. (d). Pub. L. 90-77, Sec. 101(a), qualified widow of a
veteran for a pension by reducing in par. (2) the requisite
marriage period from five years to one year and by making her
eligible for benefits in par. (3) in event of antenuptial birth.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
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.
-End-
-CITE-
38 USC Sec. 1533 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Wars Before World War I
Sec. 1533. Children of Civil War veterans
-STATUTE-
Whenever there is no surviving spouse entitled to pension under
section 1532 of this title, the Secretary shall pay to the children
of each Civil War veteran who met the service requirements of
section 1532 of this title a pension at the monthly rate of $73.13
for one child, plus $8.13 for each additional child, with the total
amount equally divided.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137, Sec. 533; Pub. L. 94-
169, title I, Sec. 106(25), Dec. 23, 1975, 89 Stat. 1018;
renumbered Sec. 1533 and amended Pub. L. 102-83, Secs. 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 533 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1532" for "532" in two
places.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
1975 - Pub. L. 94-169 substituted "surviving spouse" for "widow".
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
-End-
-CITE-
38 USC Sec. 1534 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Wars Before World War I
Sec. 1534. Surviving spouses of Indian War veterans
-STATUTE-
(a) The Secretary shall pay to the surviving spouse of each
Indian War veteran who met the service requirements of section 1511
of this title a pension at the following monthly rate:
(1) $40.64 if such surviving spouse is below seventy years of
age; or
(2) $70 if such surviving spouse is seventy years of age or
older.
(b) If there is a child of the veteran, the rate of pension paid
to the surviving spouse under subsection (a) shall be increased by
$8.13 per month for each such child.
(c) No pension shall be paid to a surviving spouse of a veteran
under this section unless such surviving spouse was married to such
veteran -
(1) before March 4, 1917; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage,
or was born to them before the marriage.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137, Sec. 534; Pub. L. 90-
77, title I, Secs. 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179;
Pub. L. 94-169, title I, Sec. 106(26)-(29), Dec. 23, 1975, 89 Stat.
1018; Pub. L. 102-54, Sec. 14(b)(7), June 13, 1991, 105 Stat. 283;
renumbered Sec. 1534 and amended Pub. L. 102-83, Secs. 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 534 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1511" for
"511" in introductory provisions.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in introductory provisions.
Pub. L. 102-54 substituted a period for semicolon at end of par.
(2) and struck out at end "; unless such surviving spouse was the
spouse of the veteran during such veteran's service in one of the
Indian Wars, in which case the monthly rate shall be $75."
1975 - Pub. L. 94-169, Sec. 106(29), substituted "Surviving
spouses" for "Widows" in section catchline.
Subsec. (a). Pub. L. 94-169, Sec. 106(26), substituted "pay to a
surviving spouse" for "paid to a widow", "unless such surviving
spouse" for "she" wherever appearing, "was the spouse" for "was the
wife" and "such veteran's" for "his".
Subsec. (b). Pub. L. 94-169, Sec. 106(27), substituted "surviving
spouse" for "widow".
Subsec. (c). Pub. L. 94-169, Sec. 106(28), substituted "paid to a
surviving spouse" for "paid to a widow", "unless such surviving
spouse" for "unless she" and "such veteran" for "him".
1967 - Subsec. (a)(2). Pub. L. 90-77, Sec. 105, substituted "$70"
for "$65".
Subsec. (c). Pub. L. 90-77, Sec. 101(a), qualified widow of a
veteran for a pension by reducing in par. (2) the requisite
marriage period from five years to one year and by making her
eligible for benefits in par. (3) in event of antenuptial birth.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
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.
-End-
-CITE-
38 USC Sec. 1535 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Wars Before World War I
Sec. 1535. Children of Indian War veterans
-STATUTE-
Whenever there is no surviving spouse entitled to pension under
section 1534 of this title, the Secretary shall pay to the children
of each Indian War veteran who met the service requirements of
section 1511 of this title a pension at the monthly rate of $73.13
for one child, plus $8.13 for each additional child, with the total
amount equally divided.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137, Sec. 535; Pub. L. 94-
169, title I, Sec. 106(31), Dec. 23, 1975, 89 Stat. 1018;
renumbered Sec. 1535 and amended Pub. L. 102-83, Secs. 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 535 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1534" for "534" and
"1511" for "511".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
1975 - Pub. L. 94-169 substituted "surviving spouse" for "widow".
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
-End-
-CITE-
38 USC Sec. 1536 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Wars Before World War I
Sec. 1536. Surviving spouses of Spanish-American War veterans
-STATUTE-
(a) The Secretary shall pay to the surviving spouse of each
Spanish-American War veteran who met the service requirements of
section 1512(a) of this title a pension at the monthly rate of $70,
unless such surviving spouse was the spouse of the veteran during
such veteran's service in the Spanish-American War, in which case
the monthly rate shall be $75.
(b) If there is a child of the veteran, the rate of pension paid
to the surviving spouse under subsection (a) shall be increased by
$8.13 per month for each such child.
(c) No pension shall be paid to a surviving spouse of a veteran
under this section unless such surviving spouse was married to such
veteran -
(1) before January 1, 1938; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage,
or was born to them before the marriage.
(d)(1) Any surviving spouse eligible for pension under this
section shall, if such surviving spouse so elects, be paid pension
at the rates prescribed by section 1541 of this title, and under
the conditions (other than the service requirements) applicable to
pension paid under that section to surviving spouses of veterans of
a period of war. If pension is paid pursuant to such an election,
the election shall be irrevocable.
(2) The Secretary shall pay each month to the surviving spouse of
each Spanish-American War veteran who is receiving, or entitled to
receive, pension based on a need of regular aid and attendance,
whichever amount is greater (A) that which is payable to such
surviving spouse under subsections (a) and (b) of this section as
increased by section 544 (!1) of this title, as in effect on
December 31, 1978; or (B) that which is payable under section 1541
of this title, as in effect on December 31, 1978, as increased by
such section 544,(!1) as in effect on such date, to a surviving
spouse of a World War I veteran with the same annual income and
corpus of estate. Each change in the amount of pension required by
this paragraph shall be effective as of the first day of the month
during which the facts of the particular case warrant such change,
and shall be made without specific application therefor.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, Sec. 536; Pub. L. 90-
77, title I, Secs. 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179;
Pub. L. 92-328, title I, Sec. 107, June 30, 1972, 86 Stat. 395;
Pub. L. 94-169, title I, Sec. 106(32)-(37), Dec. 23, 1975, 89 Stat.
1018, 1019; Pub. L. 95-588, title I, Sec. 108, Nov. 4, 1978, 92
Stat. 2502; renumbered Sec. 1536 and amended Pub. L. 102-83, Secs.
4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
-REFTEXT-
REFERENCES IN TEXT
Section 544 of this title, referred to in subsec. (d)(2), was
repealed by Pub. L. 95-588, title I, Sec. 112(a)(1), Nov. 4, 1978,
92 Stat. 2505, eff. Jan. 1, 1979.
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 536 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1512(a)"
for "512(a)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "1541" for
"541" in pars. (1) and (2).
Subsec. (d)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
1978 - Subsec. (d)(1). Pub. L. 95-588, Sec. 108(1), substituted
"a period of war" for "World War I", and struck out ", except as
provided in paragraph (2)" after "irrevocable".
Subsec. (d)(2). Pub. L. 95-588, Sec. 108(2), inserted ", as in
effect on December 31, 1978" after "of this title" in two places,
and "as in effect on such date" after "such section 544".
1975 - Pub. L. 94-169, Sec. 106(37), substituted "Surviving
spouses" for "Widows" in section catchline.
Subsec. (a). Pub. L. 94-169, Sec. 106(32), substituted "pay to
the surviving spouse" for "pay to the widow", "unless such
surviving spouse" for "unless she", "the spouse" for "the wife" and
"such veteran's" for "his".
Subsec. (b). Pub. L. 94-169, Sec. 106(33), substituted "surviving
spouse" for "widow".
Subsec. (c). Pub. L. 94-169, Sec. 106(33), substituted "paid to a
surviving spouse" for "paid to a widow", "unless such surviving
spouse" for "unless she" and "such veteran" for "him".
Subsec. (d)(1). Pub. L. 94-169, Sec. 106(34), substituted "Any
surviving spouse" for "Any widow", "if such surviving spouse" for
"if she" and "surviving spouses" for "widows".
Subsec. (d)(2). Pub. L. 94-169, Sec. 106(35), (36), substituted
"surviving spouse" for "widow" wherever appearing, and "such
surviving spouse" for "her".
1972 - Subsec. (d). Pub. L. 92-328 added subsec. (d).
1967 - Subsec. (a). Pub. L. 90-77, Sec. 105, substituted "$70"
for "$65".
Subsec. (c). Pub. L. 90-77, Sec. 101(a), qualified widow of a
veteran for a pension by reducing in par. (2) the requisite
marriage period from five years to one year and by making her
eligible for benefits in par. (3) in event of antenuptial birth.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
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 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.
INCREASE IN AID AND ATTENDANCE RATES FOR VETERANS ELIGIBLE FOR
PENSION
Maximum annual pension rates under subsec. (d)(2) of this section
increased by $600, effective Oct. 1, 1998, see section 8206 of Pub.
L. 105-178, set out as a note under section 1521 of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
38 USC Sec. 1537 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Wars Before World War I
Sec. 1537. Children of Spanish-American War veterans
-STATUTE-
Whenever there is no surviving spouse entitled to pension under
section 1536 of this title, the Secretary shall pay to the children
of each Spanish-American War veteran who met the service
requirements of section 1512(a) of this title a pension at the
monthly rate of $73.13 for one child, plus $8.13 for each
additional child, with the total amount equally divided.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, Sec. 537; Pub. L. 94-
169, title I, Sec. 106(39), Dec. 23, 1975, 89 Stat. 1019;
renumbered Sec. 1537 and amended Pub. L. 102-83, Secs. 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 537 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1536" for "536" and
"1512(a)" for "512(a)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
1975 - Pub. L. 94-169 substituted "surviving spouse" for "widow".
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
-End-
-CITE-
38 USC Other Periods of War 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Other Periods of War
OTHER PERIODS OF WAR
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-25, title III, Sec. 333(c)(1), Apr. 6, 1991,
105 Stat. 88, substituted "Other Periods of War" for "Mexican
Border Period, World War I, World War II, The Korean Conflict, and
The Vietnam Era" as subheading.
1970 - Pub. L. 91-588, Sec. 9(d)(3), Dec. 24, 1970, 84 Stat.
1585, inserted reference to Mexican border period in subheading.
1967 - Pub. L. 90-77, title III, Sec. 202(j), Aug. 31, 1967, 81
Stat. 183, inserted reference to Vietnam era in subheading.
-End-
-CITE-
38 USC Sec. 1541 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Other Periods of War
Sec. 1541. Surviving spouses of veterans of a period of war
-STATUTE-
(a) The Secretary shall pay to the surviving spouse of each
veteran of a period of war who met the service requirements
prescribed in section 1521(j) of this title, or who at the time of
death was receiving (or entitled to receive) compensation or
retirement pay for a service-connected disability, pension at the
rate prescribed by this section, as increased from time to time
under section 5312 of this title.
(b) If no child of the veteran is in the custody of the surviving
spouse, pension shall be paid to the surviving spouse at the annual
rate of $7,933, reduced by the amount of the surviving spouse's
annual income.
(c) If there is a child of the veteran in the custody of the
surviving spouse, pension shall be paid to the surviving spouse at
the annual rate of $10,385. If the surviving spouse has custody of
two or more such children, the annual pension rate shall be
increased by $2,020 for each such child in excess of one. In each
case, the rate payable shall be reduced by the amount of the
surviving spouse's annual income and, subject to subsection (g) of
this section, the annual income of each such child.
(d)(1) If a surviving spouse who is entitled to pension under
subsection (b) of this section is in need of regular aid and
attendance, the annual rate of pension payable to such surviving
spouse shall be $12,681, reduced by the amount of the surviving
spouse's annual income.
(2) If a surviving spouse who is entitled to pension under
subsection (c) of this section is in need of regular aid and
attendance, the annual rate of pension payable to the surviving
spouse shall be $15,128. If there are two or more children of the
veteran in such surviving spouse's custody, the annual rate of
pension shall be increased by $2,020 for each such child in excess
of one. The rate payable shall be reduced by the amount of the
surviving spouse's annual income and, subject to subsection (g) of
this section, the annual income of each such child.
(e)(1) If the surviving spouse is permanently housebound but does
not qualify for pension at the aid and attendance rate provided by
subsection (d) of this section, the annual rate of pension payable
to such surviving spouse under subsection (b) of this section shall
be $9,696 and the annual rate of pension payable to such surviving
spouse under subsection (c) of this section shall be $12,144. If
there are two or more children of the veteran in such surviving
spouse's custody, the annual rate of pension shall be increased by
$2,020 for each such child in excess of one. The rate payable shall
be reduced by the amount of the surviving spouse's annual income
and, subject to subsection (g) of this section, the income of any
child of the veteran for whom the surviving spouse is receiving
increased pension.
(2) For purposes of paragraph (1) of this subsection, the
requirement of "permanently housebound" shall be met when the
surviving spouse is substantially confined to such surviving
spouse's house (ward or clinical areas, if institutionalized) or
immediate premises by reason of a disability or disabilities
reasonably certain to remain throughout such surviving spouse's
lifetime.
(f) No pension shall be paid under this section to a surviving
spouse of a veteran unless the spouse was married to the veteran -
(1) before (A) December 14, 1944, in the case of a surviving
spouse of a Mexican border period or World War I veteran, (B)
January 1, 1957, in the case of a surviving spouse of a World War
II veteran, (C) February 1, 1965, in the case of a surviving
spouse of a Korean conflict veteran, (D) May 8, 1985, in the case
of a surviving spouse of a Vietnam era veteran, or (E) January 1,
2001, in the case of a surviving spouse of a veteran of the
Persian Gulf War;
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage,
or was born to them before the marriage.
(g) In determining the annual income of a surviving spouse for
the purposes of this section, if there is a child of the veteran in
the custody of the surviving spouse, that portion of the annual
income of the child that is reasonably available to or for the
surviving spouse shall be considered to be income of the surviving
spouse, unless in the judgment of the Secretary to do so would work
a hardship on the surviving spouse.
(h) As used in this section and section 1542 of this title, the
term "veteran" includes a person who has completed at least two
years of honorable active military, naval, or air service, as
certified by the Secretary concerned, but whose death in such
service was not in line of duty.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, Sec. 541; Pub. L. 86-
211, Sec. 4, Aug. 29, 1959, 73 Stat. 434; Pub. L. 88-664, Sec.
3(c), (d), Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90-77, title I,
Secs. 101(a), 106, title II, Sec. 202(d)-(f), Aug. 31, 1967, 81
Stat. 178, 179, 182; Pub. L. 90-275, Sec. 1(c), (d), Mar. 28, 1968,
82 Stat. 65, 66; Pub. L. 91-588, Secs. 1(c), (d), 9(d), Dec. 24,
1970, 84 Stat. 1581, 1584; Pub. L. 92-198, Sec. 1(c)-(e), Dec. 15,
1971, 85 Stat. 663, 664; Pub. L. 93-177, Sec. 1(c), (d), 2, Dec. 6,
1973, 87 Stat. 695; Pub. L. 93-527, Sec. 3, Dec. 21, 1974, 88 Stat.
1703; Pub. L. 94-169, title I, Secs. 101(2)(B), (C), (H), 103,
106(40), Dec. 23, 1975, 89 Stat. 1013, 1014, 1016, 1019; Pub. L. 94-
432, title II, Sec. 203, Sept. 30, 1976, 90 Stat. 1370; Pub. L. 95-
204, title I, Sec. 102, Dec. 2, 1977, 91 Stat. 1456; Pub. L. 95-
588, title I, Sec. 109(a), Nov. 4, 1978, 92 Stat. 2503; Pub. L.
102-25, title III, Sec. 333(b), Apr. 6, 1991, 105 Stat. 88; Pub. L.
102-40, title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239;
renumbered Sec. 1541 and amended Pub. L. 102-83, Secs. 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 111-
275, title VI, Sec. 608(b), Oct. 13, 2010, 124 Stat. 2887.)
-MISC1-
AMENDMENTS
2010 - Subsec. (b). Pub. L. 111-275, Sec. 608(b)(1), substituted
"$7,933" for "$2,379".
Subsec. (c). Pub. L. 111-275, Sec. 608(b)(2), substituted
"$10,385" for "$3,116" and "$2,020" for "$600".
Subsec. (d)(1). Pub. L. 111-275, Sec. 608(b)(3)(A), substituted
"$12,681" for "$3,806".
Subsec. (d)(2). Pub. L. 111-275, Sec. 608(b)(3)(B), substituted
"$15,128" for "$4,543" and "$2,020" for "$600".
Subsec. (e)(1). Pub. L. 111-275, Sec. 608(b)(4), substituted
"$9,696" for "$2,908", "$12,144" for "$3,645", and "$2,020" for
"$600".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 541 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521(j)"
for "521(j)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Pub. L. 102-40 substituted "5312" for "3112".
Subsec. (f)(1)(E). Pub. L. 102-25 added cl. (E).
Subsec. (g). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Subsec. (h). Pub. L. 102-83, Sec. 5(c)(1), substituted "1542" for
"542".
1978 - Subsec. (a). Pub. L. 95-588 revised eligibility provisions
relating to surviving spouses to apply to veterans of any period of
war rather than veterans of specifically named wars and inserted
reference to periodic increases of rate of pension payments
pursuant to section 3112 of this title.
Subsec. (b). Pub. L. 95-588 qualified parental requirement of
this subsection by inserting custody provision, substituted a fixed
pension amount of $2,379 for a formula for determining such annual
pension based upon annual income of the veteran, and struck out
minimum and maximum monthly payment requirements.
Subsec. (c). Pub. L. 95-588 qualified parental requirement of
this subsection by inserting custody provision, substituted a fixed
pension amount of $3,116 for a formula for determining such annual
pension based upon annual income of the veteran, and inserted a
provision authorizing an annual pension rate increase of $600 for
each family member of an eligible veteran in excess of one.
Subsec. (d). Pub. L. 95-588 substituted provisions prescribing a
fixed amount of $3,806, as reduced by an annual income deduction,
as the annual rate of pension payable to a surviving spouse
entitled to a pension under subsec. (b) of this section and in need
of regular aid and attendance and a fixed amount of $4,543, subject
to a similar deduction for income of spouse and child, as the
annual rate of pension payable to a surviving spouse entitled to a
pension under subsec. (c) of this section and in need of such aid
for provision prescribing the monthly rate of pension payable under
subsec. (c) of this section where there is a surviving spouse and
more than one child.
Subsec. (e). Pub. L. 95-588 substituted provisions relating to a
surviving spouse who is permanently housebound for provisions
specifying the eligibility requirements for such surviving spouses.
Subsec. (f). Pub. L. 95-588 substituted provisions specifying the
eligibility requirements for surviving spouses for provision
defining "veteran".
Subsecs. (g), (h). Pub. L. 95-588 added subsecs. (g) and (h).
1977 - Subsec. (b)(1). Pub. L. 95-204, Sec. 102(1), increased
monthly rate of pension from $125 to $133, inserted authorization
for reductions by .07 for amounts more than 2,800 but not more than
3,770, and substituted "1,100" for "1,200" in two places, "1,800"
for "2,300" in two places, and "2,800" for "3,540".
Subsec. (b)(3). Pub. L. 95-204, Sec. 102(2), substituted "$3,770"
for "$3,540".
Subsec. (c)(1). Pub. L. 95-204, Sec. 102(3), increased monthly
rate of pension from $149 to $159, and substituted "1,600" for
"1,700" in two places, "2,400" for "2,500" in two places, "2,900"
for "3,300" in two places, and "5,070" for "4,760".
Subsec. (c)(2). Pub. L. 95-204, Sec. 102(4), substituted "$5,070"
for "$4,760".
Subsec. (d). Pub. L. 95-204, Sec. 102(5), substituted "$26" for
"$24".
1976 - Subsec. (b)(1). Pub. L. 94-432, Sec. 203(1), increased
monthly rate of pension from $117 to $125 and substituted $900 to
$1,200 for $900 to $1,500, $1,200 to $2,300 for $1,500 to $2,700
and $2,300 to $3,540 for $2,700 to $3,300.
Subsec. (b)(3). Pub. L. 94-432, Sec. 203(2), substituted "$3,540"
for "$3,300".
Subsec. (c)(1). Pub. L. 94-432, Sec. 203(3), increased monthly
rate of pension from $139 to $149 and substituted $1,100 to $1,700
for $1,100 to $1,800, $1,700 to $2,500 for $1,800 to $2,700, $2,500
to $3,300 for $2,700 to $3,500 and $3,300 to $4,760 for $3,500 to
$4,500.
Subsec. (c)(2). Pub. L. 94-432, Sec. 203(4), substituted "$4,760"
for "$4,500".
Subsec. (d). Pub. L. 94-432, Sec. 203(5), substituted "$24" for
"$22".
1975 - Pub. L. 94-169, Sec. 101(2)(H), substituted "Surviving
Spouses" for "Widows" in section catchline.
Subsec. (a). Pub. L. 94-169, Sec. 101(2)(B), substituted
"surviving spouse" for "widow" and struck out "his" before "death".
Subsec. (b). Pub. L. 94-169, Sec. 103(1), increased, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976,
monthly rate of pension from $108 to $117, substituted $900 to
$1500 for $900 to $2100, $1500 to $2700 for $2100 to $3000 the
minimum and maximum income ranges for which the pension rates will
be reduced by 4 and 5 cents per dollar, respectively, inserted
income range of $2700 to $3300 for which the pension rate will be
reduced by 6 cents, and increased from $3000 to $3300 the maximum
income in excess of which no pension will be paid.
Subsec. (c). Pub. L. 94-169, Sec. 103(1), increased, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976,
pension rate from $128 to $139, substituted $1100 to $1800 for
$1100 to $2100, $1800 to $2700 for $2100 to $3000, $2700 to $3500
for $3000 to $4200 the minimum and maximum income ranges for which
the pension rates will be reduced by 2, 3 and 4 cents per dollar,
respectively, inserted income range of $3500 to $4500 for which the
rate will be reduced by 5 cents, and increased the maximum income
from $4200 to $4500 in excess of which no pension will be paid.
Subsec. (d). Pub. L. 94-169, Sec. 103(2), substituted, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976,
"surviving spouse" for "widow" and "$22" for "$20".
Subsec. (e). Pub. L. 94-169, Sec. 101(2)(C), substituted "to a
surviving spouse of a veteran under this section unless the spouse
was married to the veteran" for "to a widow of a veteran under this
section unless she was married to him", and "(D) May 8, 1985, in
the case of a surviving spouse of a Vietnam era veteran" for "(D)
before the expiration of ten years following termination of the
Vietnam era in the case of a widow of a Vietnam era veteran".
Subsec. (e)(1). Pub. L. 94-169, Sec. 106(40), substituted
"surviving spouse" for "widow" in subcls. (A), (B) and (C).
1974 - Subsec. (b). Pub. L. 93-527, Sec. 3(1), substituted "$108"
for "$96", "$900" for "$1400" wherever appearing, and "$2100" for
"$2600", and inserted provisions for reduction by 5 cents for each
dollar of annual income in excess of $2100 up to and including
$3000, that in no event shall monthly rate of pension be less than
$5.00, and raising the maximum income from $2600 to $3000.
Subsec. (c). Pub. L. 93-527, Sec. 3(2), substituted "$128" for
"$114", and "$2100" for "$2500" wherever appearing, "$3000" for
"$3400" wherever appearing, and "$4200" for "$3800" wherever
appearing.
Subsec. (d). Pub. L. 93-527, Sec. 3(3), substituted "$20" for
"$18".
Subsec. (f). Pub. L. 93-527, Sec. 3(4), added subsec. (f).
1973 - Subsec. (b). Pub. L. 93-177, Sec. 1(c), substituted "$86"
for "$87" and "$1,400" for "$1,900".
Subsec. (c). Pub. L. 93-177, Sec. 1(d), substituted "$700" for
"$600", "$114" for "$104", "$1,100" for "$1,400", "$2,500" for
"$2,700", and "$3,400" for "$3,800" in existing provisions and
inserted provision for a reduction of 4 cents in monthly rate for
each $1 of annual income in excess of $3,400 up to and including
$3,800.
Subsec. (d). Pub. L. 93-177, Sec. 2, substituted "$18" for "$17".
1971 - Subsec. (b). Pub. L. 92-198, Sec. 1(c), substituted
formula for computing monthly pension rates of widow without child
by providing for a maximum monthly pension for each group within
designated income category and for computing each individual's
monthly pension by reducing the maximum rate by a specified number
of cents for each dollar by which the minimum income limitation for
that group is exceeded, for table setting out income and pension
rates, and raised the maximum income from $2,300 to $2,600.
Subsec. (c). Pub. L. 92-198, Sec. 1(d), substituted formula for
computing monthly pension rates of widow with one child by
providing for a maximum monthly pension for each group with
designated annual income category and for computing each
individual's monthly benefit rate by reducing the maximum rate by a
specified number of cents for each dollar by which the minimum
income limitation for that group is exceeded, for table setting out
income and pension rates, and further providing that whenever the
monthly rate payable is less than the amount payable to the child
under section 542 of this title, the widow would be paid at the
child's rate, and raised the maximum income from $3,500 to $3,800.
Subsec. (d). Pub. L. 92-198, Sec. 1(e), substituted "$17" for
"$16".
1970 - Pub. L. 91-588, Sec. 9(d)(3), inserted reference to
Mexican border period in section catchline.
Subsec. (a). Pub. L. 91-588, Sec. 9(d)(1), inserted reference to
Mexican border period.
Subsec. (b). Pub. L. 91-588, Sec. 1(c), provided new annual
income limits to measure monthly pension rates of widow without
child by inserting minimum income limits of $2,000, $2,100, and
$2,200 with maximum limits of $2,100, $2,200, and $2,300 for
monthly benefits of $29, $23, and $17, respectively, and within
existing annual income limits from a maximum of $300 to a maximum
of $2,000, as well as the in-between limits set out in one-hundred
dollar increments, the applicable monthly benefit for each limit
was amended, respectively, by substituting in column II "$81" for
"$74", "80" for "73", "79" for "72", "78" for "70", "76" for "67",
"73" for "64", "70" for "61", "67" for "58", "64" for "55", "61"
for "51", "58" for "48", "55" for "45", "51" for "41", "48" for
"37", "45" for "33", "41" for "29", "37" for "23", and "33" for
"17".
Subsec. (c). Pub. L. 91-588, Sec. 1(d), provided new annual
income limits to measure monthly pension rates of widow with one
child by inserting minimum income limits of $3,200, $3,300, and
$3,400 with maximum limits of $3,300, $3,400, and $3,500 for
monthly benefits of $45, $43, and $41, respectively, and within
existing annual income limits from a maximum of $600 to a maximum
of $3,200, as well as the in-between limits set out in one-hundred
dollar increments, the applicable monthly benefit for each limit
was amended, respectively, by substituting in column II "$99" for
"$90", "98" for "89", "97" for "88", "96" for "87", "95" for "86",
"94" for "85", "92" for "83", "90" for "81", "88" for "79", "86"
for "77", "84" for "75", "82" for "73", "80" for "71", "78" for
"69", "76" for "67", "74" for "65", "72" for "63", "70" for "61",
"68" for "59", "66" for "57", "64" for "55", "62" for "53", "59"
for "51", "56" for "48", "53" for "45", "51" for "43", and "48" for
"41".
Subsec. (e)(1). Pub. L. 91-588, Sec. 9(d)(2), inserted reference
to Mexican border period.
1968 - Subsec. (b). Pub. L. 90-275, Sec. 1(c), in providing new
annual income limits to measure monthly pension rates of widow
without child, substituted minimum income limit of $300 for monthly
benefit of $74 for former $600 limit for monthly benefit of $70,
maximum income limit of $2,000 for monthly benefit of $17 for
former $1,800 limit for monthly benefit of $29, and sixteen other
in-between limits in one hundred dollar increments from more than
$300 to less than $1,900 for monthly benefits of $73 to $23 for
former in-between limit of more than $600 but less than $1,200 for
monthly benefit of $51.
Subsec. (c). Pub. L. 90-275, Sec. 1(d), in providing new annual
income limits to measure monthly pension rates of widow with one
child, substituted minimum income limit of $600 for monthly benefit
of $90 for former $1,000 limit for monthly benefit of $86, maximum
income limit of $3,200 for monthly benefit of $41 for former $3,000
limit for monthly benefit of $45, and twenty-five other in-between
limits in one hundred dollar increments from more than $600 to less
than $3,100 for monthly benefits of $89 to $43 for former in-
between limit of more than $1,000 but less than $2,000 for monthly
benefit of $67.
1967 - Pub. L. 90-77, Sec. 202(f), inserted reference to Vietnam
era in section catchline.
Subsec. (a). Pub. L. 90-77, Sec. 202(d), inserted reference to
Vietnam era.
Subsec. (b). Pub. L. 90-77, Sec. 106(a), increased monthly
pension rate in column II from $64, $48, and $27 to $70, $51, and
$29, respectively.
Subsec. (c). Pub. L. 90-77, Sec. 106(b), increased monthly
pension rate in column II from $80, $64, and $43 to $86, $67, and
$45, respectively.
Subsec. (d). Pub. L. 90-77, Sec. 106(c), substituted "$16" for
"$15".
Subsec. (e)(1). Pub. L. 90-77, Sec. 202(e), added item (D).
Subsec. (e)(2), (3). Pub. L. 90-77, Sec. 101(a), qualified widow
of a veteran for a pension by reducing in par. (2) the requisite
marriage period from five years to one year and by making her
eligible for benefits in par. (3) in event of antenuptial birth.
1964 - Subsec. (b). Pub. L. 88-664, Sec. 3(c), increased monthly
pension rate in column II from $60, $45, and $25 to $64, $48, and
$27, respectively.
Subsec. (c). Pub. L. 88-664, Sec. 3(d), increased monthly pension
rate in column II from $75, $60, and $40 to $80, $64, and $43,
respectively.
1959 - Pub. L. 86-211 included widows of World War II and Korean
conflict veterans in section catchline.
Subsec. (a). Pub. L. 86-211 included widows of World War II and
Korean conflict veterans, and struck out provisions which
authorized payment of a monthly pension of $50.40 to a widow with
no child and $63 to a widow with one child, with $7.56 for each
additional child. See subsecs. (b) to (d) of this section.
Subsecs. (b) to (e). Pub. L. 86-211 added subsecs. (b) to (d),
redesignated former subsec. (b) as (e), and inserted provisions
relating to the date by which a widow was required to be married to
a veteran of World War II or the Korean conflict.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111-275 applicable with respect to pensions
paid on or after Dec. 1, 2009, see section 608(d) of Pub. L. 111-
275, set out as a note under section 1521 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section
302 of Pub. L. 95-204, set out as a note under section 1122 of this
title.
EFFECTIVE DATE OF 1976 AMENDMENT
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
Sections 101 and 106 of Pub. L. 94-169 provided that the
amendments made by those sections are effective Jan. 1, 1976.
Section 103 of Pub. L. 94-169, as amended by section 101 of Pub.
L. 94-432, eff. Sept. 30, 1976, provided that the amendment made by
that section is effective Jan. 1, 1976.
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 1973 AMENDMENT
Amendment by Pub. L. 93-177 effective Jan. 1, 1974, see section 8
of Pub. L. 93-177, set out as a note under section 1521 of this
title.
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 1968 AMENDMENT
Amendment Pub. L. 90-275 effective Jan. 1, 1969, see section 6(a)
of Pub. L. 90-275, set out as a note under section 1521 of this
title.
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 1964 AMENDMENT
Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section
11 of Pub. L. 88-664, set out as a note under section 1503 of this
title.
EFFECTIVE DATE OF 1959 AMENDMENT
Amendment by Pub. L. 86-211 effective July 1, 1960, see section
10 of Pub. L. 86-211, set out as a note under section 1521 of this
title.
PENSION, DEPENDENCY, AND INDEMNITY COMPENSATION; RELATION TO SOCIAL
SECURITY AMENDMENTS OF 1967
Payments for balance of calendar year 1968 and calendar year
1969, calendar year 1970, and during each successive calendar year
at prescribed monthly rates when payments would be less under this
title as a result of increase in monthly insurance benefits
provided by Social Security Amendments of 1967, see section 3 of
Pub. L. 90-275, set out as a note under section 1521 of this title.
-End-
-CITE-
38 USC Sec. 1542 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Other Periods of War
Sec. 1542. Children of veterans of a period of war
-STATUTE-
The Secretary shall pay to each child (1) who is the child of a
deceased veteran of a period of war who met the service
requirements prescribed in section 1521(j) of this title, or who at
the time of death was receiving (or entitled to receive)
compensation or retirement pay for a service-connected disability,
and (2) who is not in the custody of a surviving spouse eligible
for pension under section 1541 of this title, pension at the annual
rate of $2,020, as increased from time to time under section 5312
of this title and reduced by the amount of such child's annual
income; or, if such child is residing with a person who is legally
responsible for such child's support, at an annual rate equal to
the amount by which the appropriate annual rate provided under
section 1541(c) of this title exceeds the sum of the annual income
of such child and such person, but in no event may such annual rate
of pension exceed the amount by which $2,020, as increased from
time to time under section 5312 of this title, exceeds the annual
income of such child. The appropriate annual rate under such
section 1541(c) for the purposes of the preceding sentence shall be
determined in accordance with regulations which the Secretary shall
prescribe.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, Sec. 542; Pub. L. 86-
211, Sec. 4, Aug. 29, 1959, 73 Stat. 435; Pub. L. 88-664, Sec. 4,
Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90-77, title I, Sec. 107,
title II, Sec. 202(g), (h), Aug. 31, 1967, 81 Stat. 180, 182; Pub.
L. 91-588, Secs. 3(c), 9(e), Dec. 24, 1970, 84 Stat. 1583, 1585;
Pub. L. 92-198, Sec. 1(f), Dec. 15, 1971, 85 Stat. 664; Pub. L. 93-
177, Sec. 3, Dec. 6, 1973, 87 Stat. 695; Pub. L. 93-527, Sec. 4,
Dec. 21, 1974, 88 Stat. 1703; Pub. L. 94-169, title I, Secs.
101(2)(D), 104, Dec. 23, 1975, 89 Stat. 1014, 1016; Pub. L. 94-432,
title II, Sec. 204, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95-204,
title I, Sec. 103, Dec. 2, 1977, 91 Stat. 1457; Pub. L. 95-588,
title I, Sec. 110(a), Nov. 4, 1978, 92 Stat. 2504; Pub. L. 102-40,
title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered
Sec. 1542 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 111-275, title VI,
Sec. 608(c), Oct. 13, 2010, 124 Stat. 2887.)
-MISC1-
AMENDMENTS
2010 - Pub. L. 111-275 substituted "$2,020" for "$600" in two
places.
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 542 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1521(j)" for "521(j)",
"1541" for "541", and "1541(c)" for "541(c)" in two places.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in two places.
Pub. L. 102-40 substituted "5312" for "3112" in two places.
1978 - Pub. L. 95-588 amended section generally to speak in terms
of children of veterans of any period of war rather than children
of veterans of specifically named conflicts, restructured section
to eliminate subsection designations, struck out provision formerly
comprising subsec. (b) of this section which related to payment of
pensions to recipient children in equal shares, and inserted
reference to periodic pension increases pursuant to section 3112 of
this title.
1977 - Subsec. (a). Pub. L. 95-204, Sec. 103(1), substituted
"$61" and "$26" for "$57" and "$24", respectively.
Subsec. (c). Pub. L. 95-204, Sec. 103(2), substituted "$3,080"
for "$2,890".
1976 - Subsec. (a). Pub. L. 94-432, Sec. 204(1), substituted
"$57" and "$24" for "$53" and "$22", respectively.
Subsec. (c). Pub. L. 94-432, Sec. 204(2), substituted "$2,890"
for "$2,700".
1975 - Subsec. (a). Pub. L. 94-169, Secs. 101(2)(D), 104(1),
substituted "surviving spouse" for "widow", struck out "his" before
"death," and, effective for period beginning Jan. 1, 1976, and
ending Sept. 30, 1976, substituted "$53" for "$49" and "$22" for
"$20".
Subsec. (c). Pub. L. 94-169, Sec. 104, substituted, effective for
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "$2700"
for "$2400".
1974 - Subsec. (a). Pub. L. 93-527, Sec. 4(1), substituted "$49"
and "$20" for "$44" and "$18" respectively.
Subsec. (c). Pub. L. 93-527, Sec. 4(2), substituted "$2,400" for
"$2,000".
1973 - Subsec. (a). Pub. L. 93-177 substituted "$44" for "$42"
and "$18" for "$17".
1971 - Subsec. (a). Pub. L. 92-198 substituted "$42" and "$17"
for "$40" and "$16" respectively.
1970 - Pub. L. 91-588, Sec. 9(e)(2), inserted reference to
Mexican border period in section catchline.
Subsec. (a). Pub. L. 91-588, Sec. 9(e)(1), inserted reference to
Mexican border period.
Subsec. (c). Pub. L. 91-588, Sec. 3(c), substituted "$2,000" for
"$1,800".
1967 - Pub. L. 90-77, Sec. 202(h), inserted reference to Vietnam
era in section catchline.
Subsec. (a). Pub. L. 90-77, Secs. 107, 202(g), substituted "$40"
and "$16" for "$38" and "$15" and included reference to Vietnam
era, respectively.
1964 - Subsec. (a). Pub. L. 88-664 increased monthly pension for
one child from $35 to $38.
1959 - Pub. L. 86-211 included children of World War II and
Korean conflict veterans in section catchline.
Subsec. (a). Pub. L. 86-211 included children of World War II and
Korean conflict veterans, and substituted provisions authorizing
the payment of a monthly pension of $35 for one child with $15 for
each additional child for provisions which authorized the payment
of $27.30 for one child, $40.95 for two children, $54.60 for three
children and $7.56 for each additional child.
Subsec. (c). Pub. L. 86-211 added subsec. (c).
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111-275 applicable with respect to pensions
paid on or after Dec. 1, 2009, see section 608(d) of Pub. L. 111-
275, set out as a note under section 1521 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section
302 of Pub. L. 95-204, set out as a note under section 1122 of this
title.
EFFECTIVE DATE OF 1976 AMENDMENT
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 101 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
Section 104 of Pub. L. 94-169, as amended by section 101 of Pub.
L. 94-432, eff. Sept. 30, 1976, provided that the amendment made by
that section is effective Jan. 1, 1976.
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 1973 AMENDMENT
Amendment by Pub. L. 93-177 effective Jan. 1, 1974, see section 8
of Pub. L. 93-177, set out as a note under section 1521 of this
title.
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
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 1964 AMENDMENT
Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section
11 of Pub. L. 88-664, set out as a note under section 1503 of this
title.
EFFECTIVE DATE OF 1959 AMENDMENT
Amendment by Pub. L. 86-211 effective July 1, 1960, see section
10 of Pub. L. 86-211, set out as a note under section 1521 of this
title.
-End-
-CITE-
38 USC Sec. 1543 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Other Periods of War
Sec. 1543. Net worth limitation
-STATUTE-
(a)(1) The Secretary shall deny or discontinue payment of pension
to a surviving spouse under section 1541 of this title when the
corpus of the estate of the surviving spouse is such that under all
the circumstances, including consideration of the income of the
surviving spouse and the income of any child from whom the
surviving spouse is receiving increased pension, it is reasonable
that some part of the corpus of such estate be consumed for the
surviving spouse's maintenance.
(2) The Secretary shall deny or discontinue the payment of
increased pension under subsection (c), (d), or (e) of section 1541
of this title on account of a child when the corpus of such child's
estate is such that under all the circumstances, including
consideration of the income of the surviving spouse and such child
and the income of any other child for whom the surviving spouse is
receiving increased pension, it is reasonable that some part of the
corpus of the child's estate be consumed for the child's
maintenance. During the period such denial or discontinuance
remains in effect, such child shall not be considered as the
surviving spouse's child for purposes of this chapter.
(b) The Secretary shall deny or discontinue payment of pension to
a child under section 1542 of this title when the corpus of the
estate of the child is such that under all the circumstances,
including consideration of the income of the child, the income of
any person with whom such child is residing who is legally
responsible for such child's support, and the corpus of the estate
of such person, it is reasonable that some part of the corpus of
such estates be consumed for the child's maintenance.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, Sec. 543; Pub. L. 86-
211, Sec. 4, Aug. 29, 1959, 73 Stat. 435; Pub. L. 94-169, title I,
Sec. 101(2)(E), Dec. 23, 1975, 89 Stat. 1014; Pub. L. 95-588, title
I, Sec. 111, Nov. 4, 1978, 92 Stat. 2504; renumbered Sec. 1543 and
amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 543 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1541" for
"541" in pars. (1) and (2).
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in pars. (1) and (2).
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1542" for
"542".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
1978 - Pub. L. 95-588 designated existing provisions relating to
denial or discontinuance of pension payments to surviving spouses
as subsec. (a), expanded existing provisions relating to denial or
discontinuance of pension payments to children of veterans, and
designated such expanded provisions as subsecs. (a)(2) and (b).
1975 - Pub. L. 94-169 substituted "surviving spouse" for "widow".
1959 - Pub. L. 86-211 substituted provisions requiring the denial
or discontinuance of payment of pension to a widow or child when
the corpus of the estate of the survivor concerned is such that
under all the circumstances, including consideration of income, it
is reasonable that some part of the corpus be consumed for the
survivor's maintenance for provisions which authorized the payment
of a pension to widows of World War II or Korean conflict veterans.
See section 1541 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
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 1959 AMENDMENT
Amendment by Pub. L. 86-211 effective July 1, 1960, see section
10 of Pub. L. 86-211, set out as a note under section 1521 of this
title.
-End-
-CITE-
38 USC [Surviving Spouses of Veterans of All Periods of
War - Repealed] 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
[Surviving Spouses of Veterans of All Periods of War - Repealed]
[SURVIVING SPOUSES OF VETERANS OF ALL PERIODS OF WAR - REPEALED]
-MISC1-
AMENDMENTS
1978 - Pub. L. 95-588, title I, Sec. 112(a)(2), Nov. 4, 1978, 92
Stat. 2505, struck out heading "Surviving Spouses of Veterans of
All Periods of War" below section 543 [now 1543].
1975 - Pub. L. 94-169, title I, Sec. 101(2)(I), Dec. 23, 1975, 89
Stat. 1014, substituted "Surviving Spouses" for "Widows" in heading
below section 543.
-End-
-CITE-
38 USC Sec. 1544 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
[Surviving Spouses of Veterans of All Periods of War - Repealed]
[Sec. 1544. Vacant]
-COD-
CODIFICATION
Prior to renumbering of sections 501 to 543 of this chapter as
sections 1501 to 1543 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,
105 Stat. 406, section 544 of this chapter, added Pub. L. 90-77,
title I, Sec. 108(a), Aug. 31, 1967, 81 Stat. 180; amended Pub. L.
91-588, Sec. 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 93-527,
Sec. 5, Dec. 21, 1974, 88 Stat. 1704; Pub. L. 94-169, title I, Sec.
105, Dec. 23, 1975, 89 Stat. 1017; Pub. L. 94-432, title II, Sec.
205, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95-204, title I, Sec.
104, Dec. 2, 1977, 91 Stat. 1457, which authorized an increase by
$79 of the monthly rate of pension payable to the surviving spouse
if the surviving spouse was entitled to pension under this
subchapter and was in need of regular aid and attendance, was
repealed by Pub. L. 95-588, title I, Sec. 112(a)(1), title IV, Sec.
401, Nov. 4, 1978, 92 Stat. 2505, 2511, effective Jan. 1, 1979.
-End-
-CITE-
38 USC SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST
GUARD MEDAL OF HONOR ROLL 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF
HONOR ROLL
SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF
HONOR ROLL
-MISC1-
AMENDMENTS
1963 - Pub. L. 88-77, Sec. 5(3), July 25, 1963, 77 Stat. 96,
substituted "ARMY, NAVY, AIR FORCE, AND COAST GUARD" for "ARMY,
NAVY, AND AIR FORCE" in subchapter heading.
-End-
-CITE-
38 USC Sec. 1560 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF
HONOR ROLL
Sec. 1560. Medal of Honor Roll; persons eligible
-STATUTE-
(a) There shall be in the Department of the Army, the Department
of the Navy, the Department of the Air Force, and the Department of
Homeland Security, respectively, a roll designated as the "Army,
Navy, Air Force, and Coast Guard Medal of Honor Roll".
(b) Upon written application to the Secretary concerned, that
Secretary shall enter and record on such roll the name of each
surviving person who has served on active duty in the armed forces
of the United States and who has been awarded a medal of honor for
distinguishing such person conspicuously by gallantry and
intrepidity at the risk of such person's life above and beyond the
call of duty while so serving.
(c) Applications for entry on such roll shall be made in the form
and under regulations prescribed by the Secretary concerned, and
shall indicate whether or not the applicant desires to receive the
special pension provided by section 1562 of this title. Proper
blanks and instructions shall be furnished by the Secretary
concerned, without charge upon the request of any person claiming
the benefits of this subchapter.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1139, Sec. 560; Pub. L. 87-
138, Sec. 1, Aug. 14, 1961, 75 Stat. 338; Pub. L. 88-77, Sec.
5(1), July 25, 1963, 77 Stat. 95; Pub. L. 88-651, Oct. 13, 1964, 78
Stat. 1078; Pub. L. 89-311, Sec. 4, Oct. 31, 1965, 79 Stat. 1156;
Pub. L. 91-24, Sec. 5, June 11, 1969, 83 Stat. 33; Pub. L. 94-169,
title I, Sec. 106(41), Dec. 23, 1975, 89 Stat. 1019; renumbered
Sec. 1560 and amended Pub. L. 102-83, Secs. 4(b)(4)(A), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 405, 406; Pub. L. 107-296, title
XVII, Sec. 1704(d), Nov. 25, 2002, 116 Stat. 2315.)
-MISC1-
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-296 substituted "of Homeland
Security" for "of Transportation".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 560 of this
title as this section.
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(4)(A), substituted "that
Secretary" for second reference to "the Secretary".
Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1562" for
"562".
1975 - Subsec. (b). Pub. L. 94-169 substituted "such person" for
"himself" and "such person's" for "his".
1969 - Subsec. (a). Pub. L. 91-24 substituted "Department of
Transportation" for "Department of the Treasury".
1965 - Subsec. (b). Pub. L. 89-311 struck out requirement that
prospective enrollees have attained the age of forty before being
eligible for entry on the roll.
1964 - Subsec. (b). Pub. L. 88-651 substituted "forty years" for
"fifty years" and "beyond the call of duty while so serving" for
"beyond the call of duty -
"(1) while engaged in action against an enemy of the United
States;
"(2) while engaged in military operations involving conflict
with an opposing foreign force; or
"(3) while serving with friendly foreign forces engaged in an
armed conflict against an opposing armed force in which the
United States is not a belligerent party."
1963 - Subsec. (a). Pub. L. 88-77 inserted references to
Department of the Treasury and to Coast Guard.
Subsec. (b). Pub. L. 88-77 enlarged the authority to enter and
record names on the Medal of Honor Roll, which was limited to
persons who served in the active military, naval or air service of
the United States in any war, and who distinguished themselves by
gallantry or intrepidity in action involving actual conflict with
an enemy, to permit entering and recording names of persons who
served on active duty in the Armed Forces of the United States
distinguish themselves by gallantry and intrepidity while engaged
in action against an enemy of the United States, while engaged in
military operations involving conflict with an opposing foreign
force, or while serving with friendly foreign forces engaged in an
armed conflict against an opposing armed force in which the United
States is not a belligerent party.
1961 - Subsec. (b). Pub. L. 87-138, Sec. 1(a), reduced the age
requirement for entry on the Medal of Honor Roll from 65 to 50
years and struck out requirement that such person must have
received an honorable discharge.
Subsec. (c). Pub. L. 87-138, Sec. 1(b), required applicants to
indicate if they wished to receive the pension provided by section
562 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of
Title 10, Armed Forces.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
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.
EFFECTIVE DATE OF 1961 AMENDMENT
Section 4 of Pub. L. 87-138 provided that: "The amendments made
by this Act [amending this section and sections 561 and 562 [now
1561 and 1562] of this title] shall take effect on the first day of
the first month which begins after the date of the enactment of
this Act [Aug. 14, 1961], except that the amendments made by
subsection (b) of the first section [amending subsec. (c) of this
section] and by section 2 [amending section 561 [now 1561] of this
title] shall not apply with respect to any application under
section 560 [now 1560] of title 38, United States Code, made before
such first day by any person who fulfilled the qualifications
prescribed by subsection (b) of such section at the time such
application was made."
-End-
-CITE-
38 USC Sec. 1561 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF
HONOR ROLL
Sec. 1561. Certificate
-STATUTE-
(a) The Secretary concerned shall determine whether or not each
applicant is entitled to have such person's name entered on the
Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. If the
official award of the Medal of Honor to the applicant, or the
official notice to such person thereof, shows that the Medal of
Honor was awarded to the applicant for an act described in section
1560 of this title, such award or notice shall be sufficient to
entitle the applicant to have such person's name entered on such
roll without further investigation; otherwise all official
correspondence, orders, reports, recommendations, requests, and
other evidence on file in any public office or department shall be
considered.
(b) Each person whose name is entered on the Army, Navy, Air
Force, and Coast Guard Medal of Honor Roll shall be furnished a
certificate of service and of the act of heroism, gallantry,
bravery, or intrepidity for which the Medal of Honor was awarded,
of enrollment on such roll, and, if such person has indicated such
person's desire to receive the special pension provided by section
1562 of this title, of such person's right to such special pension.
(c) The Secretary concerned shall deliver to the Secretary a
certified copy of each certificate issued under subsection (b) in
which the right of the person named in the certificate to the
special pension provided by section 1562 of this title is set
forth. Such copy shall authorize the Secretary to pay such special
pension to the person named in the certificate.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1139, Sec. 561; Pub. L. 87-
138, Sec. 2(a), Aug. 14, 1961, 75 Stat. 338; Pub. L. 88-77, Sec.
5(2), July 25, 1963, 77 Stat. 95; Pub. L. 94-169, title I, Sec.
106(42), (43), Dec. 23, 1975, 89 Stat. 1019; renumbered Sec. 1561
and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1),
Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 561 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1560" for
"560".
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1562" for
"562".
Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1562" for
"562".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" after "the" in two places.
1975 - Subsec. (a). Pub. L. 94-169, Sec. 106(42), substituted
"such person's" for "his" wherever appearing, and "such person" for
"him".
Subsec. (b). Pub. L. 94-169, Sec. 106(42), substituted "such
person" for "he" and "such person's" for "his" wherever appearing.
Subsec. (c). Pub. L. 94-169, Sec. 106(43), struck out "by him"
after "certificate issued".
1963 - Subsecs. (a), (b). Pub. L. 88-77 inserted references to
the Coast Guard.
1961 - Pub. L. 87-138 struck out "entitling holder to pension",
after "Certificate" in section catchline.
Subsec. (a). Pub. L. 87-138 substituted "have his name entered on
the Army, Navy, and Air Force Medal of Honor Roll" for "the
benefits of this subchapter", and "have his name entered on such
roll" for "special pension under this subchapter".
Subsec. (b). Pub. L. 87-138 inserted provisions relating to the
enrollee's indication of desire to receive pension.
Subsec. (c). Pub. L. 87-138 required the copy to set forth the
right of the person named in the certificate to the pension.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1961 AMENDMENT
Amendment by Pub. L. 87-138 effective Sept. 1, 1961, except that
it shall not apply with respect to applications under section 1560
[formerly 560] of this title made prior to Sept. 1, 1961, by anyone
who fulfilled the qualifications prescribed by subsec. (b) of such
section 1560 [formerly 560] at the time such application was made,
see section 4 of Pub. L. 87-138, set out as a note under section
1560 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-End-
-CITE-
38 USC Sec. 1562 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF
HONOR ROLL
Sec. 1562. Special provisions relating to pension
-STATUTE-
(a) The Secretary shall pay monthly to each person whose name has
been entered on the Army, Navy, Air Force, and Coast Guard Medal of
Honor roll, and a copy of whose certificate has been delivered to
the Secretary under subsection (c) of section 1561 of this title, a
special pension at the rate of $1,000, as adjusted from time to
time under subsection (e), beginning as of the date of application
therefor under section 1560 of this title.
(b) The receipt of special pension shall not deprive any person
of any other pension or other benefit, right, or privilege to which
such person is or may hereafter be entitled under any existing or
subsequent law. Special pension shall be paid in addition to all
other payments under laws of the United States.
(c) Special pension shall not be subject to any attachment,
execution, levy, tax lien, or detention under any process whatever.
(d) If any person has been awarded more than one medal of honor,
such person shall not receive more than one special pension.
(e) Effective as of December 1 each year, the Secretary shall
increase the amount of monthly special pension payable under
subsection (a) as of November 30 of such year 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 of such year as a result of a
determination under section 215(i) of that Act (42 U.S.C. 415(i)).
(f)(1) The Secretary shall pay, in a lump sum, to each person who
is in receipt of special pension payable under this section an
amount equal to the total amount of special pension that the person
would have received during the period beginning on the first day of
the first month beginning after the date of the act for which the
person was awarded the Medal of Honor and ending on the last day of
the month preceding the month in which the person's special pension
in fact commenced.
(2) For each month of a period referred to in paragraph (1), the
amount of special pension payable to a person shall be determined
using the rate of special pension that was in effect for such
month, and shall be payable only if the person would have been
entitled to payment of special pension for such month under laws
for eligibility for special pension (with the exception of the
eligibility law requiring a person to have been awarded a Medal of
Honor) in effect at the beginning of such month.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1140, Sec. 562; Pub. L. 87-
138, Sec. 3, Aug. 14, 1961, 75 Stat. 339; Pub. L. 88-77, Sec.
5(2), July 25, 1963, 77 Stat. 95; Pub. L. 94-169, title I, Sec.
106(44), (45), Dec. 23, 1975, 89 Stat. 1019; Pub. L. 95-479, title
III, Sec. 302, Oct. 18, 1978, 92 Stat. 1565; renumbered Sec. 1562
and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1),
Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 103-161, Sec. 1(a), Nov.
30, 1993, 107 Stat. 1967; Pub. L. 105-368, title III, Sec. 301(a),
Nov. 11, 1998, 112 Stat. 3332; Pub. L. 107-330, title III, Sec.
304(a)-(c), Dec. 6, 2002, 116 Stat. 2826.)
-REFTEXT-
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (e), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is
classified generally to subchapter II (Sec. 401 et seq.) of chapter
7 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see section 1305 of Title
42 and Tables.
-MISC1-
PRIOR PROVISIONS
Prior sections 1601, 1602, 1621 to 1625, 1631 to 1634, 1641, and
1643, which comprised chapter 32, were renumbered sections 3201,
3202, 3221 to 3225, 3231 to 3234, 3241, and 3243 of this title,
respectively. Prior section 1642, Pub. L. 94-502, title IV, Sec.
404, Oct. 15, 1976, 90 Stat. 2397; amended Pub. L. 97-295, Sec.
4(37), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 101-237, title IV,
Sec. 423(b)(1)(A), (4)(A), Dec. 18, 1989, 103 Stat. 2092, directed
Secretary of Veterans Affairs and Secretary of Defense to submit a
joint report annually on operations of program provided under
chapter 32 of this title, prior to repeal by Pub. L. 102-16, Sec.
5(a), Mar. 22, 1991, 105 Stat. 50.
Other prior sections 1601, 1610 to 1613, 1620 to 1626, 1631 to
1634, 1641 to 1645, 1651 to 1656, and 1661 to 1669, Pub. L. 85-857,
Sept. 2, 1958, 72 Stat. 1174-1192; Pub. L. 86-150, Aug. 11, 1964,
73 Stat. 332; Pub. L. 87-815, Sec. 1, Oct. 15, 1962, 76 Stat. 926;
Pub. L. 88-361, Sec. 7, July 7, 1964, 78 Stat. 298, comprised
chapter 33, Education of Korean Conflict Veterans, prior to repeal
by Pub. L. 89-358, Sec. 4(a), Mar. 3, 1966, 80 Stat. 23.
Section 1601 defined "basic service period", "eligible veteran",
"program of education or training", "course", "dependent",
"educational institutions", "training establishments", "State", and
"Commissioner", made benefits unavailable to individuals serving as
commissioned officers of Coast and Geodetic Survey or of Regular or
Reserve Corps of the Public Health Service unless the service
qualified those individuals for benefits under title II of the
Veteran's Readjustment Assistance Act of 1952, and declared
Congressional policy. See sections 3451(3), (4) and 3452(a)(1),
(3)(A), (B), (b) to (d) of this title.
Section 1610 provided for entitlement to education or training
generally. See section 3461(a) of this title.
Section 1611 related to duration of veteran's education or
training. See sections 3452(a)(3)(A), (B), 3461(a), (b)(1), (3),
(4), (c), and 3482(c)(2) of this title.
Section 1612 related to commencement of education and time
limitations. See section 3462 of this title.
Section 1613 provided for expiration of all education and
training. See section 3462(a) of this title.
Section 1620 related to selections of program. See sections 3470
and 3476 of this title.
Section 1621 provided for applications and approval of
applications. See section 3471 of this title.
Section 1622 related to change of program. See section 3691 of
this title.
Section 1623 provided for disapproval of enrollment in certain
courses. See section 3473(a) and (d) of this title.
Section 1624 provided discontinuance for unsatisfactory progress.
See section 3474 of this title.
Section 1625 provided for a period of operation for approval. See
section 3689 of this title.
Section 1626 related to institutions listed by Attorney General.
Similar provisions were classified to section 1789 of this title,
renumbered section 1793, and subsequently repealed by section
511(1) of Pub. L. 94-502.
Section 1631 provided for education and training allowance. See
section 3481(a), (b), (d), and (e) of this title.
Section 1632 provided for computation of education and training
allowances for institutional courses, apprentice and on-the-job
training, on-farm training, correspondence and flight training
courses, and less-than-half time basis courses. See sections
3482(a), (b)(2), (c)(1) and 3681 of this title.
Section 1633 related to measurement of courses.
Section 1634 related to overcharges by educational institutions.
Section 1641 related to designation of State approving agencies.
See section 3671 of this title.
Section 1642 related to approval of courses. See section 3672 of
this title.
Section 1643 provided for cooperation between the Administrator
and the State approving agencies. See section 3673 of this title.
Section 1644 provided for use of Office of Education and other
Federal agencies. See section 3690 of this title.
Section 1645 provided for reimbursement of expenses. See section
3674 of this title.
Section 1651 provided for apprentice or other training on the
job.
Section 1652 provided for institutional on-farm training for
Korean conflict veterans.
Section 1653 provided for approval of accredited courses for
Korean conflict veterans. See section 3675 of this title.
Section 1654 provided for approval of nonaccredited courses for
Korean conflict veterans. See section 3676 of this title.
Section 1655 provided for notice of approval of courses for
Korean conflict veterans. See section 3677 of this title.
Section 1656 provided for disapproval of courses and
discontinuance of allowances for Korean conflict veterans. See
section 3678 of this title.
Section 1661 related to authority and duties of Administrator
concerning education of Korean conflict veterans.
Section 1662 related to Advisory Committee. See section 3688 of
this title.
Section 1663 provided for control by agencies of United States.
See section 3682 of this title.
Section 1664 related to conflicting interests by officers or
employees of the Veterans Administration, Office of Education, or
State approving agency. See section 3683 of this title.
Section 1665 related to reports by institutions concerning Korean
conflict veterans. See section 3684 of this title.
Section 1666 related to overpayments to Korean conflict veterans.
See section 3685 of this title.
Section 1667 related to examination of records of Korean conflict
veterans. See section 3686 of this title.
Section 1668 related to submitting false and misleading claims by
Korean conflict veterans or educational institutions. See section
3687 of this title.
Section 1669 related to information furnished by Federal Trade
Commission to State approving agencies.
Prior sections 1651, 1652, 1661, 1662, 1670, 1671, 1673, 1674,
1676, 1681, 1682, 1683 to 1685, and 1690 to 1693, which comprised
chapter 34, were renumbered 3451, 3452, 3461, 3462, 3470, 3471,
3473, 3474, 3476, 3481, 3482, 3483 to 3485, and 3490 to 3493,
respectively, of this title.
Prior section 1663, added Pub. L. 89-358, Sec. 2, Mar. 3, 1966,
80 Stat. 15; amended Pub. L. 94-502, title II, Sec. 211(4), Oct.
15, 1976, 90 Stat. 2388; Pub. L. 95-202, title III, Sec. 302(a),
Nov. 23, 1977, 91 Stat. 1440; Pub. L. 99-576, title III, Sec. 312,
Oct. 28, 1986, 100 Stat. 3273; Pub. L. 101-237, title IV, Sec.
423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092, related to educational
and vocational counseling, prior to repeal by Pub. L. 102-16, Sec.
2(b)(1)(A), Mar. 22, 1991, 105 Stat. 49. See section 3697A of this
title.
Prior section 1672, added Pub. L. 89-358, Sec. 2, Mar. 3, 1966,
80 Stat. 15, related to change of program by veteran, prior to
repeal by Pub. L. 92-540, title IV, Sec. 401(6), Oct. 24, 1972, 86
Stat. 1090. See section 3691 of this title.
Prior section 1675, added Pub. L. 89-358, Sec. 2, Mar. 3, 1966,
80 Stat. 16, related to period of operation for approval by
Administrator, prior to repeal by Pub. L. 92-540, title IV, Sec.
401(6), Oct. 24, 1972, 86 Stat. 1090. See section 3689 of this
title.
Prior section 1677, added Pub. L. 90-77, title III, Sec. 302(b),
Aug. 31, 1967, 81 Stat. 185; amended Pub. L. 90-631, Sec. 5, Oct.
23, 1968, 82 Stat. 1335; Pub. L. 91-219, title I, Sec. 102, title
II, Sec. 203, Mar. 26, 1970, 84 Stat. 76, 78; Pub. L. 92-540, title
I, Sec. 102(1), title IV, Sec. 401(3), Oct. 24, 1972, 86 Stat.
1075, 1090; Pub. L. 93-508, title I, Sec. 102(1), Dec. 3, 1974, 88
Stat. 1579; Pub. L. 93-602, title II, Sec. 203(a), Jan. 2, 1975, 88
Stat. 1958; Pub. L. 95-202, title I, Sec. 102(1), Nov. 23, 1977, 91
Stat. 1433; Pub. L. 96-466, title II, Secs. 201(1), 211(1), title
VI, Sec. 603(a), Oct. 17, 1980, 94 Stat. 2187, 2189, 2209, set
forth provisions respecting eligibility, approval, etc., for flight
training, prior to repeal by Pub. L. 97-35, title XX, Secs.
2003(b)(3)(A), 2006, Aug. 13, 1981, 95 Stat. 782, 783, effective
Oct. 1, 1981, except as otherwise provided for persons receiving
educational assistance.
Prior section 1678, added Pub. L. 90-77, title III, Sec. 306(a),
Aug. 31, 1967, 81 Stat. 188, related to special training for
educationally disadvantaged, prior to repeal by Pub. L. 91-219,
title II, Sec. 204(a)(2), Mar. 26, 1970, 84 Stat. 79. See
subchapter V of chapter 34 of this title.
Prior section 1682A, added Pub. L. 95-202, title II, Sec. 201(a),
Nov. 23, 1977, 91 Stat. 1436; amended Pub. L. 97-295, Sec. 4(41),
Oct. 12, 1982, 96 Stat. 1308, related to accelerated payment of
educational assistance allowances, prior to repeal by Pub. L. 100-
689, title I, Sec. 124(a), Nov. 18, 1988, 102 Stat. 4174.
Another prior section 1683, which related to measurement of
courses, was renumbered section 1684 and subsequently repealed by
Pub. L. 92-540, title III, Sec. 304, Oct. 24, 1972, 86 Stat. 1081.
Another prior section 1683, added Pub. L. 90-77, title III, Sec.
304(a), Aug. 31, 1967, 81 Stat. 186; amended Pub. L. 91-219, title
I, Sec. 103(e), Mar. 26, 1970, 84 Stat. 77; Pub. L. 91-584, Sec. 7,
Dec. 24, 1970, 84 Stat. 1576, related to apprenticeship or other on-
job training, prior to repeal by Pub. L. 92-540, title IV, Sec.
401(6), Oct. 24, 1972, 84 Stat. 1090. See section 3687 of this
title.
Another prior section 1684, which related to overcharging of
eligible veterans by educational institutions, was renumbered
section 1685 and subsequently repealed by Pub. L. 92-540, title II,
Sec. 203, Oct. 24, 1972, 86 Stat. 1079.
Another prior section 1684, added Pub. L. 89-358, Sec. 2, Mar. 3,
1966, 80 Stat. 18, Sec. 1683; renumbered Sec. 1684, Pub. L. 90-77,
title III, Sec. 304(a), Aug. 31, 1967, 81 Stat. 186; amended Pub.
L. 91-219, title II, Sec. 206(a), Mar. 26, 1970, 84 Stat. 81; Pub.
L. 91-584, Secs. 8, 11, Dec. 24, 1970, 84 Stat. 1577, related to
measurement of courses, prior to repeal by Pub. L. 92-540, title
III, Sec. 304, Oct. 24, 1972, 86 Stat. 1081. See section 3688 of
this title.
Another prior section 1685, which related to approval of courses,
was renumbered section 1683.
Another prior section 1685, added Pub. L. 89-358, Sec. 2, Mar. 3,
1966, 80 Stat. 19, Sec. 1684; renumbered Sec. 1865, Pub. L. 90-77,
title III, Sec. 304(a), Aug. 31, 1967, 81 Stat. 186, related to
overcharging of eligible veterans by educational institutions,
prior to repeal by Pub. L. 92-540, title II, Sec. 203, Oct. 24,
1972, 86 Stat. 1079. See section 3690 of this title.
Prior section 1686, added Pub. L. 93-508, title III, Sec. 302(a),
Dec. 3, 1974, 88 Stat. 1591; amended Pub. L. 97-35, title XX, Sec.
2005(b), Aug. 13, 1981, 95 Stat. 783, related to educational loans
to any eligible veteran to whom section 1662(a)(2) of this title
applied, prior to repeal by Pub. L. 100-689, title I, Sec. 124(a),
Nov. 18, 1988, 102 Stat. 4174.
Another prior section 1686, which related to approval of courses,
was renumbered section 1683.
Another prior section 1686, which related to discontinuance of
educational assistance allowance by Administrator, was renumbered
section 1687 and subsequently repealed by Pub. L. 92-540, title IV,
Sec. 401(6), Oct. 24, 1972, 86 Stat. 1090.
Prior section 1687, added Pub. L. 89-358, Sec. 2, Mar. 3, 1966,
80 Stat. 19, Sec. 1686; renumbered Sec. 1687, Pub. L. 90-77, title
III, Sec. 304(a), Aug. 31, 1967, 81 Stat. 186, related to
discontinuance of educational assistance allowance by
Administrator, prior to repeal by Pub. L. 92-540, title IV, Sec.
401(6), Oct. 24, 1972, 86 Stat. 1090. See section 3690(b) of this
title.
Prior sections 1695 to 1698 were repealed, effective Oct. 1,
1980, by Pub. L. 96-466, title VI, Sec. 601(a)(1), title VIII, Sec.
802(f), Oct. 17, 1980, 94 Stat. 2208, 2218.
Section 1695, added Pub. L. 91-219, title II, Sec. 204(a)(4),
Mar. 26, 1970, 84 Stat. 80, set forth purpose of former subchapter
VI relating to a predischarge education program and defined
"eligible person" for purposes of subchapter VI of chapter 34.
Section 1696, added Pub. L. 91-219, title II, Sec. 204(a)(4),
Mar. 26, 1970, 84 Stat. 80; amended Pub. L. 92-540, title I, Sec.
102(5), title III, Sec. 307, Oct. 24, 1972, 86 Stat. 1075, 1081;
Pub. L. 93-508, title I, Sec. 102(5), Dec. 3, 1974, 88 Stat. 1580;
Pub. L. 93-602, title II, Sec. 203(c), Jan. 2, 1975, 88 Stat. 1958;
Pub. L. 94-502, title II, Secs. 201(4), 210(5), 211(13), Oct. 15,
1976, 90 Stat. 2385, 2388, 2389; Pub. L. 95-202, title I, Sec.
102(6), Nov. 23, 1977, 91 Stat. 1434, related to payment of an
educational assistance allowance.
Section 1697, added Pub. L. 91-219, title II, Sec. 204(a)(4),
Mar. 26, 1970, 84 Stat. 81, related to educational and vocational
guidance.
Section 1698, added Pub. L. 92-540, title III, Sec. 308, Oct. 24,
1972, 86 Stat. 1082, Sec. 1697A; renumbered Sec. 1698 and amended
Pub. L. 94-502, title II, Secs. 210(3), 211(14), Oct. 15, 1976, 90
Stat. 2388, 2389; Pub. L. 95-202, title III, Sec. 302(b), Nov. 23,
1977, 91 Stat. 1441, related to coordination with and participation
by Department of Defense in carrying out functions and duties of
Department of Defense under predischarge education program.
Prior section 1700, which comprised the first section of chapter
35, was renumbered section 3500 of this title.
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-330, Sec. 304(a), substituted
"$1,000, as adjusted from time to time under subsection (e)" for
"$600".
Subsec. (e). Pub. L. 107-330, Sec. 304(b), added subsec. (e).
Subsec. (f). Pub. L. 107-330, Sec. 304(c), added subsec. (f).
1998 - Subsec. (a). Pub. L. 105-368 substituted "$600" for
"$400".
1993 - Subsec. (a). Pub. L. 103-161 substituted "$400" for
"$200".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 562 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1561" for
"561" and "1560" for "560".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in two places.
1978 - Subsec. (a). Pub. L. 95-479 increased from $100 to $200
the special pension.
1975 - Subsec. (a). Pub. L. 94-169, Sec. 106(44), substituted
"delivered to the Administrator" for "delivered to him".
Subsecs. (b), (d). Pub. L. 94-169, Sec. 106(45), substituted
"such person" for "he".
1963 - Subsec. (a). Pub. L. 88-77 inserted references to the
Coast Guard.
1961 - Subsec. (a). Pub. L. 87-138 inserted ", and a copy of
whose certificate has been delivered to him under subsection (c) of
section 561 of this title," after "Medal of Honor roll", and
increased pension from $10 to $100.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-330, title III, Sec. 304(d), Dec. 6, 2002, 116 Stat.
2826, provided that:
"(1) Except as provided in paragraph (2), the amendments made by
subsections (a) and (b) [amending this section] shall take effect
on September 1, 2003. No payment may be made pursuant to subsection
(f) of section 1562 of title 38, United States Code, as added by
subsection (c) of this section, before October 1, 2003.
"(2) The Secretary of Veterans Affairs shall not make any
adjustment under subsection (e) of section 1562 of title 38, United
States Code, as added by subsection (b) of this section, in 2003."
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-368, title III, Sec. 301(b), Nov. 11, 1998, 112 Stat.
3332, provided that: "The amendment made by subsection (a)
[amending this section] shall take effect on the first day of the
first month beginning on or after the date of the enactment of this
Act [Nov. 11, 1998]."
EFFECTIVE DATE OF 1993 AMENDMENT
Section 1(b) of Pub. L. 103-161 provided that: "The amendment
made by subsection (a) [amending this section] shall apply with
respect to months beginning after the date of the enactment of this
Act [Nov. 30, 1993]."
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-479 effective Jan. 1, 1979, see section
401(b) of Pub. L. 95-479, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-End-
-CITE-
38 USC CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY,
AND MEDICAL CARE 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
-HEAD-
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
-MISC1-
SUBCHAPTER I - GENERAL
Sec.
1701. Definitions.
1702. Presumptions: psychosis after service in World War II
and following periods of war; mental illness
following service in the Persian Gulf War.
1703. Contracts for hospital care and medical services in
non-Department facilities.
1704. Preventive health services: annual report.
1705. Management of health care: patient enrollment system.
1706. Management of health care: other requirements.
1707. Limitations.
1708. Temporary lodging.
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
1710. Eligibility for hospital, nursing home, and
domiciliary care.
1710A. Required nursing home care.
1710B. Extended care services.
1710C. Traumatic brain injury: plans for rehabilitation and
reintegration into the community.
1710D. Traumatic brain injury: comprehensive plan for
long-term rehabilitation.(!1)
1710E. Traumatic brain injury: use of non-Departmental
facilities for rehabilitation.(!1)
1711. Care during examinations and in emergencies.
1712. Dental care; drugs and medicines for certain disabled
veterans; vaccines.
1712A. Eligibility for readjustment counseling and related
mental health services.
1712B. Counseling for former prisoners of war.
[1713. Renumbered.]
1714. Fitting and training in use of prosthetic appliances;
guide dogs; service dogs.
1715. Tobacco for hospitalized veterans.
1716. Hospital care by other agencies of the United States.
1717. Home health services; invalid lifts and other devices.
1718. Therapeutic and rehabilitative activities.
1719. Repair or replacement of certain prosthetic and other
appliances.
1720. Transfers for nursing home care; adult day health
care.
1720A. Treatment and rehabilitative services for persons with
drug or alcohol dependency.
1720B. Respite care.
1720C. Noninstitutional alternatives to nursing home care.
1720D. Counseling and treatment for sexual trauma.
1720E. Nasopharyngeal radium irradiation.
1720F. Comprehensive program for suicide prevention among
veterans.
1720G. Assistance and support services for caregivers.
SUBCHAPTER III - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND
NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS
1721. Power to make rules and regulations.
1722. Determination of inability to defray necessary
expenses; income thresholds.
1722A. Copayment for medications.
1723. Furnishing of clothing.
1724. Hospital care, medical services, and nursing home care
abroad.
1725. Reimbursement for emergency treatment.
1726. Reimbursement for loss of personal effects by natural
disaster.
1727. Persons eligible under prior law.
1728. Reimbursement of certain medical expenses.
1729. Recovery by the United States of the cost of certain
care and services.
1729A. Department of Veterans Affairs Medical Care
Collections Fund.
1729B. Consolidated patient accounting centers.
1730. Community residential care.
1730A. Prohibition on collection of copayments from
catastrophically disabled veterans.
SUBCHAPTER IV - HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN
THE REPUBLIC OF THE PHILIPPINES
1731. Assistance to the Republic of the Philippines.
1732. Contracts and grants to provide for the care and
treatment of United States veterans by the Veterans
Memorial Medical Center.
1733. Supervision of program by the President.
1734. Hospital and nursing home care and medical services in
the United States.
1735. Definitions.
SUBCHAPTER V - PAYMENTS TO STATE HOMES
1741. Criteria for payment.
1742. Inspections of such homes; restrictions on
beneficiaries.
1743. Applications.
1744. Hiring and retention of nurses: payments to assist
States.
1745. Nursing home care and medications for veterans with
service-connected disabilities.
SUBCHAPTER VI - SICKLE CELL ANEMIA
1751. Screening, counseling, and medical treatment.
1752. Research.
1753. Voluntary participation; confidentiality.
1754. Reports.
[1761 to 1764. Repealed.]
[SUBCHAPTER VII - TRANSFERRED]
[1771 to 1774. Renumbered.]
SUBCHAPTER VIII - HEALTH CARE OF PERSONS OTHER THAN VETERANS
1781. Medical care for survivors and dependents of certain
veterans.
1782. Counseling, training, and mental health services for
immediate family members and caregivers.
1783. Bereavement counseling.
1784. Humanitarian care.
1785. Care and services during certain disasters and
emergencies.
1786. Care for newborn children of women veterans receiving
maternity care.
AMENDMENTS
2010 - Pub. L. 111-163, title I, Secs. 101(a)(2), 103(c), title
II, Sec. 206(b), title V, Sec. 511(b), May 5, 2010, 124 Stat. 1137,
1140, 1146, 1164, added items 1720G, 1730A, 1782, and 1786 and
struck out former item 1782 "Counseling, training, and mental
health services for immediate family members".
2008 - Pub. L. 110-387, title IV, Sec. 406(b), Oct. 10, 2008, 122
Stat. 4130, added item 1729B.
Pub. L. 110-181, div. A, title XVII, Secs. 1702(b), 1703(b),
1708(a)(3), Jan. 28, 2008, 122 Stat. 489, 490, 494, substituted
"Presumptions: psychosis after service in World War II and
following periods of war; mental illness following service in the
Persian Gulf War" for "Presumption relating to psychosis" in item
1702 and added items 1710C to 1710E.
2007 - Pub. L. 110-110, Sec. 3(a)(2), Nov. 5, 2007, 121 Stat.
1033, which directed amendment of the analysis for this chapter by
adding item 1720F at the end, was executed by adding item 1720F
after item 1720E, to reflect the probable intent of Congress.
2006 - Pub. L. 109-461, title II, Sec. 211(a)(4), Dec. 22, 2006,
120 Stat. 3419, added item 1745.
2004 - Pub. L. 108-422, title II, Sec. 201(a)(2), Nov. 30, 2004,
118 Stat. 2382, added item 1744.
2003 - Pub. L. 108-7, div. K, title I, Sec. 113(a)(2), Feb. 20,
2003, 117 Stat. 482, struck out item 1729B "Health Services
Improvement Fund".
2002 - Pub. L. 107-287, Sec. 4(a)(2), Nov. 7, 2002, 116 Stat.
2029, added item 1785.
Pub. L. 107-135, title II, Secs. 201(b)(2), 208(f)(1), Jan. 23,
2002, 115 Stat. 2457, 2464, substituted "Limitations" for
"Restriction on use of funds for assisted suicide, euthanasia, or
mercy killing" in item 1707, struck out item 1713 "Medical care for
survivors and dependents of certain veterans", substituted "guide
dogs; service dogs" for "seeing-eye dogs" in item 1714, and added
item for subchapter VIII and items 1781 to 1784.
2001 - Pub. L. 107-95, Sec. 5(g)(1), Dec. 21, 2001, 115 Stat.
918, struck out subchapter VII heading "TREATMENT AND
REHABILITATION FOR SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS"
and items 1771 "General treatment", 1772 "Therapeutic housing",
1773 "Additional services at certain locations", and 1774
"Coordination with other agencies and organizations".
2000 - Pub. L. 106-419, title II, Sec. 221(b), Nov. 1, 2000, 114
Stat. 1845, added item 1708.
1999 - Pub. L. 106-117, title I, Secs. 101(a)(2), (c)(2),
111(b)(2), title II, Sec. 202(b), Nov. 30, 1999, 113 Stat. 1548,
1549, 1556, 1561, added items 1710A, 1710B, 1725, and 1729B.
1998 - Pub. L. 105-368, title IX, Sec. 901(b), Nov. 11, 1998, 112
Stat. 3360, added item 1720E.
1997 - Pub. L. 105-114, title II, Secs. 202(d), 206(b)(3), Nov.
21, 1997, 111 Stat. 2287, 2289, substituted "Treatment and
rehabilitative services for persons with drug or alcohol
dependency" for "Treatment and rehabilitation for alcohol or drug
dependence or abuse disabilities" in item 1720A, struck out ":
pilot program" after "home care" in item 1720C, and added item for
subchapter VII and items 1771 to 1774.
Pub. L. 105-33, title VIII, Sec. 8023(a)(2), Aug. 5, 1997, 111
Stat. 667, added item 1729A.
Pub. L. 105-12, Sec. 9(i)(2), Apr. 30, 1997, 111 Stat. 27, added
item 1707.
1996 - Pub. L. 104-262, title I, Secs. 101(c)(2)(B), 104(a)(2),
Oct. 9, 1996, 110 Stat. 3179, 3184, added items 1705 and 1706 and
substituted "Dental care; drugs and medicines for certain disabled
veterans; vaccines" for "Eligibility for outpatient services" in
item 1712.
1994 - Pub. L. 103-452, title I, Sec. 101(f)(2)(B), Nov. 2, 1994,
108 Stat. 4784, substituted "and treatment" for "to women veterans"
in item 1720D.
1992 - Pub. L. 102-585, title I, Sec. 102(a)(2), title V, Secs.
512(b), 514(b), Nov. 4, 1992, 106 Stat. 4946, 4958, added items
1704 and 1720D and struck out subchapter VII heading "PREVENTIVE
HEALTH-CARE SERVICES PILOT PROGRAM" and items 1761 "Purpose", 1762
"Definition", 1763 "Preventive health-care services", and 1764
"Reports".
1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406,
renumbered items 601 to 664 as 1701 to 1764, respectively.
Pub. L. 102-83, Sec. 4(a)(5), Aug. 6, 1991, 105 Stat. 404,
substituted "non-Department" for "non-Veterans' Administration" in
item 603.
1990 - Pub. L. 101-508, title VIII, Sec. 8012(a)(2), Nov. 5,
1990, 104 Stat. 1388-345, added item 622A.
Pub. L. 101-366, title II, Sec. 201(a)(2), Aug. 15, 1990, 104
Stat. 438, added item 620C.
1988 - Pub. L. 100-322, title I, Secs. 101(h)(2), 115(g)(2), May
20, 1988, 102 Stat. 492, 502, substituted "Eligibility for
outpatient services" for "Eligibility for medical treatment" in
item 612, substituted "Home health services; invalid" for "Invalid"
in item 617, and struck out item 620C "Community based psychiatric
residential treatment for chronically mentally ill veterans".
1987 - Pub. L. 100-6, Sec. 2(b), Feb. 12, 1987, 101 Stat. 94,
added item 620C.
1986 - Pub. L. 99-576, title II, Sec. 201(a)(2), 100 Stat. 3254,
added item 620B.
Pub. L. 99-272, title XIX, Secs. 19011(c)(2), 19012(b)(2), Apr.
7, 1986, 100 Stat. 378, 382, added item 603, and substituted
"Determination" for "Evidence" and inserted "; income thresholds"
in item 622.
1985 - Pub. L. 99-166, title I, Secs. 101(b)(2), 107(b), Dec. 3,
1985, 99 Stat. 943, 946, added item 612B and struck out "; pilot
program" after "disabilities" in item 620A.
1983 - Pub. L. 98-160, title I, Secs. 103(a)(3), 104(b), Nov. 21,
1983, 97 Stat. 996, 998, inserted "; adult day health care" in item
620 and added item 630.
1982 - Pub. L. 97-295, Sec. 4(15), Oct. 12, 1982, 96 Stat. 1306,
substituted "Hospital care, medical services, and nursing home care
abroad" for "Hospital care and medical services abroad" in item
624.
1981 - Pub. L. 97-72, title I, Secs. 106(a)(2), 107(c)(2),
(d)(2), Nov. 3, 1981, 95 Stat. 1051, 1052, 1053, added item 629,
substituted "HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN
THE REPUBLIC OF THE PHILIPPINES" for "HOSPITAL AND MEDICAL CARE FOR
COMMONWEALTH OF THE PHILIPPINES ARMY VETERANS" in item relating to
subchapter IV, and substituted "Contracts and grants to provide for
the care and treatment of United States veterans by the Veterans
Memorial Medical Center" for "Contracts and grants to provide
hospital care, medical services and nursing home care" in item 632.
1980 - Pub. L. 96-330, title IV, Sec. 401(b), Aug. 26, 1980, 94
Stat. 1051, substituted "Evidence of inability to defray necessary
expenses" for "Statement under oath" in item 622.
1979 - Pub. L. 96-22, title I, Secs. 103(a)(2), 104(b), 105(b),
106(b), June 13, 1979, 93 Stat. 50, 51, 53, added items 612A, 620A,
634, and 661 to 664 and redesignated former item 634 as 635.
1977 - Pub. L. 95-62, Sec. 4(b), July 5, 1977, 91 Stat. 263,
struck out item 644 "Authorization of appropriations".
1976 - Pub. L. 94-581, title II, Secs. 202(a), 203(b), Oct. 21,
1976, 90 Stat. 2855, 2856, inserted "NURSING HOME," in chapter
heading, and, in analysis of subchapter headings and section
catchlines, inserted ", NURSING HOME" in item for subchapter II,
inserted ", nursing home" in item 610, substituted "Care" for
"Hospitalization" in item 611, and inserted "AND NURSING HOME" in
item for subchapter III.
1973 - Pub. L. 93-82, title I, Secs. 103(c), 106(b), 107(b),
109(b), Aug. 2, 1973, 87 Stat. 182, 184, 186, 187, substituted
"Medical care for survivors and dependents of certain veterans" and
"Fitting and training in use of prosthetic appliances; seeing-eye
dogs" for "Fitting and training in use of prosthetic appliances"
and "Seeing-eye dogs" in items 613 and 614 respectively,
substituted "natural disaster" for "fire" in item 626, added item
628, substituted "Assistance to the Republic of the Philippines"
and "Contracts and grants to provide hospital care, medical
services and nursing home care" for "Grants to the Republic of the
Philippines" and "Modification of agreement with the Republic of
the Philippines effectuating the Act of July 1, 1948" in items 631
and 632, respectively, and added "SUBCHAPTER VI - SICKLE CELL
ANEMIA" comprising items 651 to 654.
Pub. L. 93-43, Sec. 4(c)(2), June 18, 1973, 87 Stat. 79, struck
out item 625 "Arrests for crimes in hospitals and domiciliary
reservations".
1969 - Pub. L. 91-178, Sec. 2(b), Dec. 30, 1969, 83 Stat. 837,
added item 644.
1968 - Pub. L. 90-493, Sec. 3(b), Aug. 19, 1968, 82 Stat. 809,
substituted "Invalid lifts and other devices" for "Invalid lifts
and other devices for pensioners" in item 617.
1964 - Pub. L. 88-450, Secs. 2(b), 6(b), Aug. 19, 1964, 78 Stat.
500, 504, inserted "and other devices" in item 617 and added item
620.
1962 - Pub. L. 87-850, Sec. 1(b), Oct. 23, 1962, 76 Stat. 1126,
added item 619.
Pub. L. 87-574, Sec. 2(2), Aug. 6, 1962, 76 Stat. 308, added item
618.
1959 - Pub. L. 86-211, Sec. 7(b), Aug. 29, 1959, 73 Stat. 436,
added item 617.
-FOOTNOTE-
(!1) So in original. Does not conform to section catchline.
-End-
-CITE-
38 USC SUBCHAPTER I - GENERAL 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER I - GENERAL
-HEAD-
SUBCHAPTER I - GENERAL
-End-
-CITE-
38 USC Sec. 1701 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1701. Definitions
-STATUTE-
For the purposes of this chapter -
(1) The term "disability" means a disease, injury, or other
physical or mental defect.
(2) The term "veteran of any war" includes any veteran awarded
the Medal of Honor.
(3) The term "facilities of the Department" means -
(A) facilities over which the Secretary has direct
jurisdiction;
(B) Government facilities for which the Secretary contracts;
and
(C) public or private facilities at which the Secretary
provides recreational activities for patients receiving care
under section 1710 of this title.
(4) The term "non-Department facilities" means facilities other
than Department facilities.
(5) The term "hospital care" includes -
(A)(i) medical services rendered in the course of the
hospitalization of any veteran, and (ii) travel and incidental
expenses pursuant to the provisions of section 111 of this title;
(B) such mental health services, consultation, professional
counseling, marriage and family counseling, and training for the
members of the immediate family or legal guardian of a veteran,
or the individual in whose household such veteran certifies an
intention to live, as the Secretary considers appropriate for the
effective treatment and rehabilitation of a veteran or dependent
or survivor of a veteran receiving care under the last sentence
of section 1781(b) of this title; and
(C)(i) medical services rendered in the course of the
hospitalization of a dependent or survivor of a veteran receiving
care under the last sentence of section 1781(b) of this title,
and (ii) travel and incidental expenses for such dependent or
survivor under the terms and conditions set forth in section 111
of this title.
(6) The term "medical services" includes, in addition to medical
examination, treatment, and rehabilitative services, the following:
(A) Surgical services.
(B) Dental services and appliances as described in sections
1710 and 1712 of this title.
(C) Optometric and podiatric services.
(D) Preventive health services.
(E) Noninstitutional extended care services, including
alternatives to institutional extended care that the Secretary
may furnish directly, by contract, or through provision of case
management by another provider or payer.
(F) In the case of a person otherwise receiving care or
services under this chapter -
(i) wheelchairs, artificial limbs, trusses, and similar
appliances;
(ii) special clothing made necessary by the wearing of
prosthetic appliances; and
(iii) such other supplies or services as the Secretary
determines to be reasonable and necessary.
(G) Travel and incidental expenses pursuant to section 111 of
this title.
(7) The term "domiciliary care" includes necessary medical
services and travel and incidental expenses pursuant to the
provisions of section 111 of this title.
(8) The term "rehabilitative services" means such professional,
counseling, and guidance services and treatment programs as are
necessary to restore, to the maximum extent possible, the physical,
mental, and psychological functioning of an ill or disabled person.
(9) The term "preventive health services" means -
(A) periodic medical and dental examinations;
(B) patient health education (including nutrition education);
(C) maintenance of drug use profiles, patient drug monitoring,
and drug utilization education;
(D) mental health preventive services;
(E) substance abuse prevention measures;
(F) immunizations against infectious disease;
(G) prevention of musculoskeletal deformity or other gradually
developing disabilities of a metabolic or degenerative nature;
(H) genetic counseling concerning inheritance of genetically
determined diseases;
(I) routine vision testing and eye care services;
(J) periodic reexamination of members of likely target
populations (high-risk groups) for selected diseases and for
functional decline of sensory organs, together with attendant
appropriate remedial intervention; and
(K) such other health-care services as the Secretary may
determine to be necessary to provide effective and economical
preventive health care.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1141, Sec. 601; Pub. L. 86-
598, July 7, 1960, 74 Stat. 335; Pub. L. 86-639, Sec. 2, July 12,
1960, 74 Stat. 472; Pub. L. 88-481, Aug. 22, 1964, 78 Stat. 593;
Pub. L. 90-612, Sec. 2, Oct. 21, 1968, 82 Stat. 1202; Pub. L. 93-
82, title I, Sec. 101, Aug. 2, 1973, 87 Stat. 179; Pub. L. 94-581,
title I, Sec. 102, title II, Sec. 202(b), Oct. 21, 1976, 90 Stat.
2843, 2855; Pub. L. 95-520, Sec. 5, Oct. 26, 1978, 92 Stat. 1820;
Pub. L. 96-22, title I, Sec. 102(c), title II, Sec. 201(a), June
13, 1979, 93 Stat. 48, 54; Pub. L. 96-151, title II, Secs. 201(b),
202, Dec. 20, 1979, 93 Stat. 1093, 1094; Pub. L. 97-72, title I,
Sec. 101, Nov. 3, 1981, 95 Stat. 1047; Pub. L. 97-251, Sec. 4,
Sept. 8, 1982, 96 Stat. 716; Pub. L. 98-105, Sept. 30, 1983, 97
Stat. 730; Pub. L. 98-160, title I, Sec. 106(a), Nov. 21, 1983, 97
Stat. 998; Pub. L. 98-528, title I, Sec. 103(a), Oct. 19, 1984, 98
Stat. 2688; Pub. L. 99-108, Sec. 2, Sept. 30, 1985, 99 Stat. 481;
Pub. L. 99-166, title I, Sec. 102(a), Dec. 3, 1985, 99 Stat. 943;
Pub. L. 99-272, title XIX, Secs. 19011(d)(2), 19012(a), Apr. 7,
1986, 100 Stat. 378, 380; Pub. L. 99-576, title II, Sec. 203, Oct.
28, 1986, 100 Stat. 3255; Pub. L. 100-322, title I, Sec. 131, May
20, 1988, 102 Stat. 506; Pub. L. 102-54, Sec. 14(b)(8), June 13,
1991, 105 Stat. 283; renumbered Sec. 1701 and amended Pub. L. 102-
83, Secs. 4(a)(2)(E), (3)-(5), (b)(1), (2)(E), 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 404-406; Pub. L. 102-585, title V, Sec. 513,
Nov. 4, 1992, 106 Stat. 4958; Pub. L. 103-446, title XII, Sec.
1202(b)(1), Nov. 2, 1994, 108 Stat. 4689; Pub. L. 104-262, title I,
Secs. 101(d)(1), 103(a), Oct. 9, 1996, 110 Stat. 3179, 3182; Pub.
L. 106-117, title I, Sec. 101(b), Nov. 30, 1999, 113 Stat. 1548;
Pub. L. 107-135, title II, Sec. 208(a)(1), (e)(2), Jan. 23, 2002,
115 Stat. 2461, 2463; Pub. L. 107-330, title III, Sec. 308(g)(3),
Dec. 6, 2002, 116 Stat. 2828; Pub. L. 108-170, title I, Secs.
104(a), 106(a), Dec. 6, 2003, 117 Stat. 2044, 2045; Pub. L. 110-
387, title III, Sec. 301(a)(1), title VIII, Sec. 801, Oct. 10,
2008, 122 Stat. 4120, 4140.)
-COD-
CODIFICATION
The text of section 1762 of this title, which was transferred to
the end of this section, redesignated as par. (9), and amended by
Pub. L. 102-585, was based on Pub. L. 96-22, title I, Sec. 105(a),
June 13, 1979, 93 Stat. 52, Sec. 662; renumbered Sec. 1762 and
amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406.
-MISC1-
PRIOR PROVISIONS
Prior sections 1700 and 1701 were renumbered sections 3500 and
3501 of this title, respectively.
AMENDMENTS
2008 - Par. (5)(B). Pub. L. 110-387, Sec. 301(a)(1), inserted
"marriage and family counseling," after "professional counseling,"
and substituted "as the Secretary considers appropriate for" for
"as may be essential to".
Par. (6)(E) to (G). Pub. L. 110-387, Sec. 801(2), added subpar.
(E) and redesignated former subpars. (E) and (F) as (F) and (G),
respectively.
Par. (10). Pub. L. 110-387, Sec. 801(1), struck out par. (10)
which read as follows:
"(10)(A) During the period beginning on November 30, 1999, and
ending on December 31, 2008, the term 'medical services' includes
noninstitutional extended care services.
"(B) For the purposes of subparagraph (A), the term
'noninstitutional extended care services' means such alternatives
to institutional extended care which the Secretary may furnish (i)
directly, (ii) by contract, or (iii) (through provision of case
management) by another provider or payor."
2003 - Par. (8). Pub. L. 108-170, Sec. 104(a), struck out "(other
than those types of vocational rehabilitation services provided
under chapter 31 of this title)" after "programs".
Par. (10)(A). Pub. L. 108-170, Sec. 106(a), substituted "November
30, 1999, and ending on December 31, 2008," for "the date of the
enactment of the Veterans Millennium Health Care and Benefits Act
and ending on December 31, 2003,".
2002 - Par. (5). Pub. L. 107-135, Sec. 208(e)(2), substituted
"1781(b)" for "1713(b)" in subpars. (B) and (C)(i).
Par. (6). Pub. L. 107-135, Sec. 208(a)(1)(A), (B), substituted
"services, the following:" for "services - " in introductory
provisions and struck out concluding provisions which read as
follows: "For the purposes of this paragraph, a dependent or
survivor of a veteran receiving care under the last sentence of
section 1713(b) of this title shall be eligible for the same
medical services as a veteran."
Par. (6)(A). Pub. L. 107-135, Sec. 208(a)(1)(C), added subpar.
(A) and struck out former subpar. (A) which read as follows: "(i)
surgical services, dental services and appliances as described in
sections 1710 and 1712 of this title, optometric and podiatric
services, preventive health services, and (in the case of a person
otherwise receiving care or services under this chapter)
wheelchairs, artificial limbs, trusses, and similar appliances,
special clothing made necessary by the wearing of prosthetic
appliances, and such other supplies or services as the Secretary
determines to be reasonable and necessary, except that the
Secretary may not furnish sensori-neural aids other than in
accordance with guidelines which the Secretary shall prescribe, and
(ii) travel and incidental expenses pursuant to the provisions of
section 111 of this title; and".
Par. (6)(B) to (F). Pub. L. 107-135, Sec. 208(a)(1)(A), (C),
added subpars. (B) to (F) and struck out former subpar. (B) which
included in the definition of "medical services" certain necessary
consultation, professional counseling, training, and mental health
services.
Par. (10)(A). Pub. L. 107-330, which directed the substitution of
"November 30, 1999," for "the date of the enactment of the
Veterans' Millennium Health Care and Benefits Act", could not be
executed because the word "Veterans' " did not appear in text.
1999 - Par. (10). Pub. L. 106-117 added par. (10).
1996 - Par. (6)(A)(i). Pub. L. 104-262, Sec. 103(a), struck out
"(in the case of a person otherwise receiving care or services
under this chapter)" before "preventive health services,",
substituted "(in the case of a person otherwise receiving care or
services under this chapter)" for "(except under the conditions
described in section 1712(a)(5)(A) of this title),", and inserted
"except that the Secretary may not furnish sensori-neural aids
other than in accordance with guidelines which the Secretary shall
prescribe," after "reasonable and necessary,".
Par. (6)(B)(i)(I). Pub. L. 104-262, Sec. 101(d)(1)(A),
substituted "paragraph (1) or (2) of section 1710(a)" for "section
1712(a)".
Par. (6)(B)(i)(II). Pub. L. 104-262, Sec. 101(d)(1)(B),
substituted "paragraph (1), (2) or (3) of section 1710(a)" for
"section 1712(a)(5)(B)".
1994 - Par. (3). Pub. L. 103-446 made technical correction to
directory language of Pub. L. 102-83, Sec. 4(a)(2)(E). See 1991
Amendment note below.
1992 - Par. (6)(A)(i). Pub. L. 102-585, Sec. 513(b), substituted
"preventive health services," for "preventive health-care services
as defined in section 1762 of this title,".
Par. (9). Pub. L. 102-585, Sec. 513(a), transferred the text of
section 1762 of this title to the end of this section and
redesignated it as par. (9), substituted "The term 'preventive
health service' means" for "For the purposes of this subchapter,
the term 'preventive health-care services' means", and redesignated
pars. (1) to (11) as subpars. (A) to (K), respectively. See
Codification note above.
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 601 of this
title as this section.
Par. (2). Pub. L. 102-54, Sec. 14(b)(8)(A), struck out "any
veteran of the Indian Wars, or" after "includes".
Par. (3). Pub. L. 102-83, Sec. 5(c)(1), substituted "1710" for
"610" in subpar. (C).
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in subpars. (A) to (C).
Pub. L. 102-83, Sec. 4(a)(2)(E), as amended by Pub. L. 103-446,
substituted "facilities of the Department" for "Veterans'
Administration facilities".
Pub. L. 102-54, Sec. 14(b)(8)(B), (C), redesignated par. (4) as
(3) and struck out former par. (3) which read as follows: "The term
'period of war' includes each of the Indian Wars."
Par. (4). Pub. L. 102-83, Sec. 4(a)(5), substituted "non-
Department" for "non-Veterans' Administration".
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
Pub. L. 102-54, Sec. 14(b)(8)(E), redesignated par. (9) as (4).
Par. (5). Pub. L. 102-83, Sec. 5(c)(1), substituted "1713(b)" for
"613(b)" in subpars. (B) and (C)(i).
Par. (6). Pub. L. 102-83, Sec. 5(c)(1), in subpar. (A)
substituted "1710 and 1712" for "610 and 612", "1762" for "662",
and "1712(a)(5)(A)" for "612(a)(5)(A)", in subpar. (B) substituted
"1712(a)" for "612(a)", "1712(a)(5)(B)" for "612(a)(5)(B)", and
"1713(b)" for "613(b)", and in last sentence substituted "1713(b)"
for "613(b)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" wherever appearing.
Pub. L. 102-54, Sec. 14(b)(8)(D), substituted "612(a)(5)(A)" for
"612(f)(1)(A)(i)" in subpar. (A)(i) and "612(a)(5)(B)" for
"612(f)(1)(A)(ii)" in subpar. (B)(i)(II).
Par. (9). Pub. L. 102-54, Sec. 14(b)(8)(E), redesignated par. (9)
as (4).
1988 - Par. (4)(C). Pub. L. 100-322 added subpar. (C).
1986 - Par. (4). Pub. L. 99-272, Sec. 19012(a)(1), struck out cl.
(C) and provision following such clause, both relating to private
facilities under contract as Veterans' Administration facilities.
Par. (6)(A)(i). Pub. L. 99-272, Sec. 19011(d)(2)(A), substituted
"section 612(f)(1)(A)(i)" for "section 612(f)(1)(A)".
Par. (6)(B). Pub. L. 99-576 amended subpar. (B) generally. Prior
to amendment, subpar. (B) read as follows: "such consultation,
professional counseling, training, and mental health services as
are necessary in connection with the treatment -
"(i) of the service-connected disability of a veteran pursuant
to section 612(a) of this title, and
"(ii) in the discretion of the Administrator, of the non-
service-connected disability of a veteran eligible for treatment
under section 612(f)(1)(A)(ii) of this title where such services
were initiated during the veteran's hospitalization and the
provision of such services on an outpatient basis is essential to
permit the discharge of the veteran from the hospital,
for the members of the immediate family or legal guardian of a
veteran, or the individual in whose household such veteran
certifies an intention to live, as may be essential to the
effective treatment and rehabilitation of the veteran (including,
under the terms and conditions set forth in section 111 of this
title, travel and incidental expenses of such family member or
individual in the case of a veteran who is receiving care for a
service-connected disability, or in the case of dependent or
survivor of a veteran receiving care under the last sentence of
section 613(b) of this title). For the purposes of this paragraph,
a dependent or survivor of a veteran receiving care under the last
sentence of section 613(b) of this title shall be eligible for the
same medical services as a veteran."
Par. (6)(B)(ii). Pub. L. 99-272, Sec. 19011(d)(2)(B), substituted
"section 612(f)(1)(A)(ii)" for "section 612(f)(1)(B)".
Par. (9). Pub. L. 99-272, Sec. 19012(a)(2), added par. (9).
1985 - Par. (4)(C)(v). Pub. L. 99-166, Sec. 102(a), substituted
"with respect to the Commonwealth of Puerto Rico shall expire on
September 30, 1988" for "(except with respect to Alaska and Hawaii)
shall expire on October 31, 1985" and struck out "and to the Virgin
Islands" before "of the restrictions in this subclause".
Pub. L. 99-108 substituted "October 31, 1985" for "September 30,
1985".
1984 - Par. (4)(C)(v). Pub. L. 98-528 substituted "September 30,
1985" for "September 30, 1984".
1983 - Par. (4)(C)(v). Pub. L. 98-105 substituted "September 30,
1984" for "September 30, 1983".
Par. (6)(a)(i). Pub. L. 98-160 inserted "(in the case of a person
otherwise receiving care or services under this chapter) preventive
health-care services as defined in section 662 of this title,".
1982 - Par. (4)(C)(v). Pub. L. 97-251 substituted "September 30,
1983" for "September 30, 1982".
1981 - Par. (4)(C)(v). Pub. L. 97-72 substituted "September 30,
1982" for "December 31, 1981".
1979 - Par. (4). Pub. L. 96-22, Secs. 102(c)(1), 201(a),
substituted "medical services for the treatment of any disability
of a veteran described in clause (1)(B) or (2) of the first
sentence, or the third sentence, of section 612(f) of this title or
of a veteran described in section 612(g) of this title if the
Administrator has determined, based on an examination by a
physician employed by the Veterans' Administration (or, in areas
where no such physician is available, by a physician carrying out
such function under a contract or fee arrangement), that the
medical condition of such veteran precludes appropriate treatment
in facilities described in clauses (A) and (B) of this paragraph"
for "medical services for the treatment of any disability of a
veteran described in clause (1)(B) or (2) of section 612(f) of this
title" in subcl. (ii) of cl. (C), and added subcl. (vi) of cl. (C)
and the provisions following cl. (C) relating to the periodic
review of the necessity for continuing contractual arrangements in
the case of veterans receiving contract care.
Par. (4)(C)(iii). Pub. L. 96-151, Sec. 202, inserted provisions
respecting safe transfer of the veteran, and substituted "medical
services in" for "hospital care in".
Par. (5)(A). Pub. L. 96-151, Sec. 201(b)(1), substituted "travel"
for "transportation".
Par. (5)(C). Pub. L. 96-151, Sec. 201(b)(2), substituted
provisions relating to travel and incidental expenses for
provisions relating to transportation and incidental expenses.
Par. (6)(A)(i). Pub. L. 96-22, Sec. 102(c)(2), substituted
"described in sections 610 and 612 of this title" for "authorized
in sections 612 (b), (c), (d), and (e) of this title".
Par. (6)(B). Pub. L. 96-151, Sec. 201(b)(3), substituted "travel
and incidental expenses" for "necessary expenses of travel and
subsistence".
1978 - Par. (4)(C)(v). Pub. L. 95-520 defined "Veterans'
Administration facilities" to include certain private facilities to
provide medical services to obviate the need for hospital
admission, deleted reference to hospital care for veterans in a
territory, Commonwealth, or possession of the United States not
contiguous to the forty-eight contiguous States, substituted
provision requiring the annually determined hospital patient load
and incidence of the provision of medical services to veterans
hospitalized or treated at expense of Veterans' Administration in
Government and private facilities in each noncontiguous State to be
consistent with patient load or incidence of the provision of
medical services for veterans hospitalized or treated by the
Veterans' Administration within the forty-eight contiguous States
for prior requirement that the annually determined average hospital
patient load per thousand veteran population hospitalized at
Veterans' Administration expense in Government and private
facilities in each noncontiguous State not exceed the average
patient load per thousand veteran population hospitalized by the
Veterans' Administration within the forty-eight contiguous States;
extended termination date for exercise of subcl. (v) authority to
Dec. 31, 1981, from Dec. 31, 1978, except as to Alaska and Hawaii,
and authorized waiver by the Administrator, to prevent hardship, of
applicability to Puerto Rico and Virgin Islands of subcl. (v)
restrictions with respect to hospital patient loads and incidence
of provision of medical services.
1976 - Par. (4)(A). Pub. L. 94-581, Sec. 202(b)(1), substituted
"direct jurisdiction" for "direct and exclusive jurisdiction".
Par. (4)(C). Pub. L. 94-581, Sec. 202(b)(2), inserted "when
facilities described in clause (A) or (B) of this paragraph are not
capable of furnishing economical care because of geographical
inaccessibility or of furnishing the care or services required"
after "contracts" in provisions preceding subcl. (i), substituted
"to a veteran for the treatment of a service-connected disability
or a disability for which a veteran was discharged" for "for
persons suffering from service-connected disabilities or from
disabilities for which such persons were discharged" in subcl. (i),
added subcls. (ii) and (iii), redesignated former subcls. (ii) and
(iii) as (iv) and (v), respectively, and in subcl. (v) as so
redesignated, substituted "subclause (v)" for "clause (iii)".
Par. (5)(A)(ii). Pub. L. 94-581, Sec. 202(b)(3), substituted
"pursuant to the provisions of section 111 of this title" for "for
any veteran who is in need of treatment for a service-connected
disability or who is unable to defray the expense of
transportation".
Par. (5)(B). Pub. L. 94-581, Sec. 102(1), substituted "for the
members of the immediate family or legal guardian of a veteran, or
the individual in whose household such veteran certifies an
intention to live, as may be essential to the effective treatment
and rehabilitation of a veteran or dependent or survivor of a
veteran receiving care under the last sentence of section 613(b) of
this title; and" for "(including (i) necessary expenses for
transportation if unable to defray such expenses; or (ii) necessary
expenses of transportation and subsistence in the case of a veteran
who is receiving care for a service-connected disability, or in the
case of a dependent or survivor of a veteran receiving care under
the last sentence of section 613(b) of this title, under the terms
and conditions set forth in section 111 of this title) of the
members of the immediate family (including legal guardians) of a
veteran or such a dependent or survivor of a veteran, or in the
case of a veteran or such dependent or survivor of a veteran who
has no immediate family members (or legal guardian), the person in
whose household such veteran, or such a dependent or survivor
certifies his intention to live, as may be necessary or appropriate
to the effective treatment and rehabilitation of a veteran or such
a dependent or a survivor of a veteran; and".
Par. (6). Pub. L. 94-581, Sec. 102(2), expanded definition of
"medical services" to include rehabilitation services, podiatric
services, and travel and incidental expenses pursuant to the
provisions of section 111 of this title, and, for the members of
the immediate family or legal guardian of a veteran, or the
individual in whose household such veteran certifies an intention
to live, as may be essential to the effective treatment and
rehabilitation of the veteran, such consultation, professional
counseling, training, and mental health services as are necessary
in connection with the treatment of the service-connected
disability of a veteran pursuant to section 612(a) of this title,
and, in the discretion of the Administrator, of the non-service-
connected disability of a veteran eligible for treatment under
section 612(f)(1)(B) of this title where such services were
initiated during the veteran's hospitalization and the provision of
such services on an outpatient basis is essential to permit the
discharge of the veteran from the hospital.
Par. (7). Pub. L. 94-581, Sec. 102(3), substituted "necessary
medical services and travel and incidental expenses pursuant to the
provisions of section 111 of this title" for "transportation and
incidental expenses for veterans who are unable to defray the
expenses of transportation".
Par. (8). Pub. L. 94-581, Sec. 102(4), added par. (8).
1973 - Par. (4)(C). Pub. L. 93-82, Sec. 101(a), extended the
Administrator's contract authority for providing hospital care and
medical services to persons suffering from service-connected
disabilities or from disabilities for which such persons were
discharged or released from the active military, naval, or air
service and removed the limitation on such authority that such care
be rendered in emergency cases only.
Par. (5). Pub. L. 93-82, Sec. 101(b), incorporated existing
provisions in subpar. (A) and added subpars. (B) and (C).
Par. (6). Pub. L. 93-82, Sec. 101(c), expanded definition of
"medical services" to include home health services determined by
the Secretary to be necessary or appropriate for the effective and
economical treatment of a disability of a veteran or a dependent or
survivor of a veteran receiving care under section 613(b) of this
title.
1968 - Par. (4)(C)(iii). Pub. L. 90-612 expanded category of
veterans of wars in the Territories, Commonwealths, or possessions
of the United States to include, until December 31, 1978, veterans
of such wars in States not contiguous to the forty-eight contiguous
States, with the annually determined average hospital patient load
per thousand of hospitalized veteran population in each such
noncontiguous States not to exceed the average within the forty-
eight contiguous States.
1964 - Par. (2). Pub. L. 88-481 included any veteran awarded the
Medal of Honor.
1960 - Par. (6). Pub. L. 86-639 inserted "(except under the
conditions described in section 612(f)(1))".
Pub. L. 86-598 inserted "optometrists' services" after "medical
examination and treatment".
EFFECTIVE DATE OF 1994 AMENDMENT
Section 1202(b) of Pub. L. 103-446 provided that the amendment
made by that section is effective Aug. 6, 1991, and as if included
in the enactment of Pub. L. 102-83.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 19011(d)(2) of Pub. L. 99-272 applicable to
hospital care, nursing home care, and medical services furnished on
or after July 1, 1986, see section 19011(f) of Pub. L. 99-272, set
out as a note under section 1710 of this title.
EFFECTIVE DATE OF 1979 AMENDMENTS
Amendment by Pub. L. 96-151 effective Jan. 1, 1980, see section
206 of Pub. L. 96-151, set out as a note under section 111 of this
title.
Section 107 of Pub. L. 96-22 provided that: "The amendments made
to title 38, United States Code, by sections 102, 103, 104, 105,
and 106 of this Act [see Tables for classification] shall be
effective on October 1, 1979."
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
EFFECTIVE DATE OF 1973 AMENDMENT
Section 501 of Pub. L. 93-82 provided that: "The provisions of
this Act [see Tables for classification] shall become effective the
first day of the first calendar month following the date of
enactment [Aug. 2, 1973], except that sections 105 and 106
[amending section 626 [now 1726] of this title and enacting section
628 [now 1728] of this title] shall be effective on January 1,
1971; section 107 [enacting sections 631 and 632 [now 1731 and
1732] of this title and provisions set out as note under section
1732 of this title] shall be effective July 1, 1973; and section
203 [amending former section 4107 of this title] shall become
effective beginning the first pay period following thirty days
after the date of enactment of this Act [Aug. 2, 1973]."
LOCATION OF SERVICES
Pub. L. 110-387, title III, Sec. 301(b), Oct. 10, 2008, 122 Stat.
4120, provided that: "Paragraph (5) of section 1701 of title 38,
United States Code, shall not be construed to prevent the Secretary
of Veterans Affairs from providing services described in
subparagraph (B) of such paragraph to individuals described in such
subparagraph in centers under section 1712A of such title (commonly
referred to as 'Vet Centers'), Department of Veterans Affairs
medical centers, community-based outpatient clinics, or in such
other facilities of the Department of Veterans Affairs as the
Secretary considers necessary."
GUIDELINES RELATING TO FURNISHING OF SENSORI-NEURAL AIDS
Section 103(b) of Pub. L. 104-262 provided that: "Not later than
30 days after the date of the enactment of this Act [Oct. 9, 1996],
the Secretary of Veterans Affairs shall prescribe the guidelines
required by the amendments made by subsection (a) [amending this
section] and shall furnish a copy of those guidelines to the
Committees on Veterans' Affairs of the Senate and House of
Representatives."
STUDY OF FEASIBILITY AND ADVISIBILITY OF ALTERNATIVE ORGANIZATIONAL
STRUCTURES FOR EFFECTIVE PROVISION OF HEALTH CARE SERVICES TO
VETERANS
Section 1104 of Pub. L. 103-446 directed Secretary of Veterans
Affairs to submit to Congress, not later than one year after Nov.
2, 1994, report and study on feasibility and advisability of
alternative organizational structures, such as the establishment of
a wholly-owned Government corporation or a Government-sponsored
enterprise, for the effective provision of health care services to
veterans.
CONTRACT HEALTH CARE; RATIFICATION OF ACTION OF ADMINISTRATOR OF
VETERANS' AFFAIRS
Section 103(b) of Pub. L. 98-528 ratified actions by
Administrator of Veterans' Affairs in entering into contracts
applicable to the period beginning Oct. 1, 1984, and ending Oct.
19, 1984, for care described in par. (4)(C)(v) of this section and
in making waivers described in that provision.
ADMINISTRATION CAPABILITY TO PROVIDE APPROPRIATE CARE FOR
GENDER-SPECIFIC DISABILITIES OF WOMEN VETERANS
Section 302 of Pub. L. 98-160, as amended by Pub. L. 102-40,
title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102-
83, Secs. 5(c)(2), 6(f), Aug. 6, 1991, 105 Stat. 406, 407,
provided that: "The Secretary of Veterans Affairs shall ensure that
each health-care facility under the direct jurisdiction of the
Secretary is able, through services made available either by
individuals appointed to positions in the Veterans Health
Administration or under contracts or other agreements made under
section 4117 [see 7409], 8111, or 8153 of title 38, United States
Code, to provide appropriate care, in a timely fashion, for any
gender-specific disability (as defined in section 1701(1) of such
title) of a woman veteran eligible for such care under chapter 17
or chapter 31 of such title."
ANNUAL REPORT TO CONGRESS COVERING CONTRACT-CARE PROGRAMS
Section 201(b) of Pub. L. 96-22, which directed Chief Medical
Director of the Veterans' Administration to report to appropriate
committees of Congress, not later than Feb. 1, 1980, and annually
thereafter, on implementation of former par. (4)(C)(v) of this
section and amendments made to this section by section 201 of Pub.
L. 96-22, and on numbers of veterans provided contract treatment
(and average cost and duration thereof) in each State in certain
enumerated categories, was repealed by Pub. L. 100-322, title I,
Sec. 112(b), May 20, 1988, 102 Stat. 499.
HOSPITAL CARE AND MEDICAL SERVICES FURNISHED BY VETERANS'
ADMINISTRATION IN PUERTO RICO AND VIRGIN ISLANDS; REPORT TO
PRESIDENT AND CONGRESS
Section 8 of Pub. L. 95-520, as amended by Pub. L. 96-330, title
IV, Sec. 407, Aug. 26, 1980, 94 Stat. 1053, directed Administrator
of Veterans' Affairs, not later than Feb. 1, 1981, to submit a
report to President and Congress on furnishing by Administration of
hospital care and medical services in Puerto Rico and Virgin
Islands, and set forth applicable criteria and considerations for
the report.
-End-
-CITE-
38 USC Sec. 1702 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1702. Presumptions: psychosis after service in World War II
and following periods of war; mental illness after service in the
Persian Gulf War
-STATUTE-
(a) Psychosis. - For the purposes of this chapter, any veteran of
World War II, the Korean conflict, the Vietnam era, or the Persian
Gulf War who developed an active psychosis (1) within two years
after discharge or release from the active military, naval, or air
service, and (2) before July 26, 1949, in the case of a veteran of
World War II, before February 1, 1957, in the case of a veteran of
the Korean conflict, before May 8, 1977, in the case of a Vietnam
era veteran, or before the end of the two-year period beginning on
the last day of the Persian Gulf War, in the case of a veteran of
the Persian Gulf War, shall be deemed to have incurred such
disability in the active military, naval, or air service.
(b) Mental Illness. - For purposes of this chapter, any veteran
of the Persian Gulf War who develops an active mental illness
(other than psychosis) shall be deemed to have incurred such
disability in the active military, naval, or air service if such
veteran develops such disability -
(1) within two years after discharge or release from the active
military, naval, or air service; and
(2) before the end of the two-year period beginning on the last
day of the Persian Gulf War.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1141, Sec. 602; Pub. L. 90-
77, title II, Sec. 203(a), Aug. 31, 1967, 81 Stat. 183; Pub. L. 97-
295, Sec. 4(16), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 99-576,
title VII, Sec. 701(20), Oct. 28, 1986, 100 Stat. 3292; Pub. L. 102-
25, title III, Sec. 334(b), Apr. 6, 1991, 105 Stat. 88; renumbered
Sec. 1702, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406;
Pub. L. 110-181, div. A, title XVII, Sec. 1708(a)(1), (2), Jan. 28,
2008, 122 Stat. 493, 494.)
-MISC1-
AMENDMENTS
2008 - Pub. L. 110-181, Sec. 1708(a)(2), substituted
"Presumptions: psychosis after service in World War II and
following periods of war; mental illness after service in the
Persian Gulf War" for "Presumption relating to psychosis" in
section catchline.
Subsecs. (a), (b). Pub. L. 110-181, Sec. 1708(a)(1), designated
existing text as subsec. (a), inserted heading, and added subsec.
(b).
1991 - Pub. L. 102-83 renumbered section 602 of this title as
this section.
Pub. L. 102-25 substituted "the Vietnam era, or the Persian Gulf
War" for "or the Vietnam era", struck out "or" before "before May
8, 1977", and inserted "or before the end of the two-year period
beginning on the last day of the Persian Gulf War, in the case of a
veteran of the Persian Gulf War," after "Vietnam era veterans,".
1986 - Pub. L. 99-576 struck out "his" before "discharge".
1982 - Pub. L. 97-295 substituted "before February 1, 1957, in
the case of a veteran of the Korean conflict, or before May 8,
1977," for "or February 1, 1957, in the case of a veteran of the
Korean conflict, or before the expiration of two years following
termination of the Vietnam era".
1967 - Pub. L. 90-77 made the presumption relating to psychosis
applicable to any veteran of the Vietnam era who developed an
active psychosis within two years after his discharge from active
service and before the expiration of two years following
termination of the Vietnam era.
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.
-End-
-CITE-
38 USC Sec. 1703 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1703. Contracts for hospital care and medical services in non-
Department facilities
-STATUTE-
(a) When Department facilities are not capable of furnishing
economical hospital care or medical services because of
geographical inaccessibility or are not capable of furnishing the
care or services required, the Secretary, as authorized in section
1710 of this title, may contract with non-Department facilities in
order to furnish any of the following:
(1) Hospital care or medical services to a veteran for the
treatment of -
(A) a service-connected disability;
(B) a disability for which a veteran was discharged or
released from the active military, naval, or air service; or
(C) a disability of a veteran who has a total disability
permanent in nature from a service-connected disability.
(2) Medical services for the treatment of any disability of -
(A) a veteran described in section 1710(a)(1)(B) of this
title;
(B) a veteran who (i) has been furnished hospital care,
nursing home care, domiciliary care, or medical services, and
(ii) requires medical services to complete treatment incident
to such care or services; or
(C) a veteran described in section 1710(a)(2)(E) of this
title, or a veteran who is in receipt of increased pension, or
additional compensation or allowances based on the need of
regular aid and attendance or by reason of being permanently
housebound (or who, but for the receipt of retired pay, would
be in receipt of such pension, compensation, or allowance), if
the Secretary has determined, based on an examination by a
physician employed by the Department (or, in areas where no
such physician is available, by a physician carrying out such
function under a contract or fee arrangement), that the medical
condition of such veteran precludes appropriate treatment in
Department facilities.
(3) Hospital care or medical services for the treatment of
medical emergencies which pose a serious threat to the life or
health of a veteran receiving medical services in a Department
facility or nursing home care under section 1720 of this title
until such time following the furnishing of care in the non-
Department facility as the veteran can be safely transferred to
a Department facility.
(4) Hospital care for women veterans.
(5) Hospital care, or medical services that will obviate the
need for hospital admission, for veterans in a State (other than
the Commonwealth of Puerto Rico) not contiguous to the contiguous
States, except that the annually determined hospital patient load
and incidence of the furnishing of medical services to veterans
hospitalized or treated at the expense of the Department in
Government and non-Department facilities in each such
noncontiguous State shall be consistent with the patient load or
incidence of the furnishing of medical services for veterans
hospitalized or treated by the Department within the 48
contiguous States and the Commonwealth of Puerto Rico.
(6) Diagnostic services necessary for determination of
eligibility for, or of the appropriate course of treatment in
connection with, furnishing medical services at independent
Department out-patient clinics to obviate the need for hospital
admission.
(7) Outpatient dental services and treatment, and related
dental appliances, for a veteran described in section
1712(a)(1)(F) of this title.
(8) Diagnostic services (on an inpatient or outpatient basis)
for observation or examination of a person to determine
eligibility for a benefit or service under laws administered by
the Secretary.
(b) In the case of any veteran for whom the Secretary contracts
to furnish care or services in a non-Department facility pursuant
to a provision of subsection (a) of this section, the Secretary
shall periodically review the necessity for continuing such
contractual arrangement pursuant to such provision.
(c) The Secretary shall include in the budget documents which the
Secretary submits to Congress for any fiscal year a detailed report
on the furnishing of contract care and services during the most
recently completed fiscal year under this section, sections 1712A,
1720, 1720A, 1724, and 1732 of this title, and section 115 of the
Veterans' Benefits and Services Act of 1988 (Public Law 100-322;
102 Stat. 501).
(d)(1) The Secretary shall conduct a program of recovery audits
for fee basis contracts and other medical services contracts for
the care of veterans under this section, and for beneficiaries
under sections 1781, 1782, and 1783 of this title, with respect to
overpayments resulting from processing or billing errors or
fraudulent charges in payments for non-Department care and
services. The program shall be conducted by contract.
(2) Amounts collected, by setoff or otherwise, as the result of
an audit under the program conducted under this subsection shall be
available, without fiscal year limitation, for the purposes for
which funds are currently available to the Secretary for medical
care and for payment to a contractor of a percentage of the amount
collected as a result of an audit carried out by the contractor.
(3) The Secretary shall allocate all amounts collected under this
subsection with respect to a designated geographic service area of
the Veterans Health Administration, net of payments to the
contractor, to that region.
(4) The authority of the Secretary under this subsection
terminates on September 30, 2020.
-SOURCE-
(Added Pub. L. 99-272, title XIX, Sec. 19012(b)(1), Apr. 7, 1986,
100 Stat. 380, Sec. 603; amended Pub. L. 99-166, title I, Sec.
102(b)(1), Dec. 3, 1985, 99 Stat. 943; Pub. L. 99-272, title XIX,
Sec. 19012(c)(5)(A), Apr. 7, 1986, 100 Stat. 382; Pub. L. 100-322,
title I, Secs. 101(e)(3), 104, 112(a), May 20, 1988, 102 Stat. 492,
493, 499; Pub. L. 100-687, div. B, title XV, Sec. 1503(a)(1), Nov.
18, 1988, 102 Stat. 4133; Pub. L. 102-54, Sec. 14(b)(9), June 13,
1991, 105 Stat. 283; renumbered Sec. 1703 and amended Pub. L. 102-
83, Secs. 4(a)(1), (3)-(5), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 403-406; Pub. L. 102-585, title V, Sec. 501, Nov.
4, 1992, 106 Stat. 4955; Pub. L. 104-262, title I, Sec. 104(b),
Oct. 9, 1996, 110 Stat. 3184; Pub. L. 108-422, title VI, Sec. 601,
Nov. 30, 2004, 118 Stat. 2396; Pub. L. 109-13, div. A, title VI,
Sec. 6080, May 11, 2005, 119 Stat. 302; Pub. L. 110-387, title
VIII, Sec. 802, Oct. 10, 2008, 122 Stat. 4141; Pub. L. 112-37, Sec.
10(a), Oct. 5, 2011, 125 Stat. 396.)
-REFTEXT-
REFERENCES IN TEXT
Section 115 of the Veterans' Benefits and Services Act of 1988,
referred to in subsec. (c), is set out as a note under section 1712
of this title.
-MISC1-
AMENDMENTS
2011 - Subsec. (d)(4). Pub. L. 112-37 substituted "September 30,
2020" for "September 30, 2013".
2008 - Subsec. (d)(4). Pub. L. 110-387 substituted "September 30,
2013" for "September 30, 2008".
2005 - Subsec. (d)(2). Pub. L. 109-13 substituted "shall be
available, without fiscal year limitation, for the purposes" for
"shall be available for the purposes".
2004 - Subsec. (d). Pub. L. 108-422 added subsec. (d).
1996 - Subsec. (a). Pub. L. 104-262, Sec. 104(b)(1), struck out
"or 1712" after ", as authorized in section 1710" in introductory
provisions.
Subsec. (a)(2)(A). Pub. L. 104-262, Sec. 104(b)(2)(A),
substituted "1710(a)(1)(B)" for "1712(a)(1)(B)".
Subsec. (a)(2)(B). Pub. L. 104-262, Sec. 104(b)(2)(B), added
subpar. (B) and struck out former subpar. (B) which read as
follows: "a veteran described in paragraph (2), (3), or (4) of
section 1712(a) of this title, for a purpose described in section
1712(a)(5)(B) of this title;".
Subsec. (a)(2)(C). Pub. L. 104-262, Sec. 104(b)(2)(C),
substituted "section 1710(a)(2)(E) of this title, or a veteran who
is in receipt of increased pension, or additional compensation or
allowances based on the need of regular aid and attendance or by
reason of being permanently housebound (or who, but for the receipt
of retired pay, would be in receipt of such pension, compensation,
or allowance)," for "section 1712(a)(3) (other than a veteran who
is a former prisoner of war) of this title".
Subsec. (a)(7). Pub. L. 104-262, Sec. 104(b)(3), substituted
"1712(a)(1)(F)" for "1712(b)(1)(F)".
1992 - Subsec. (a)(1)(C). Pub. L. 102-585 added subpar. (C).
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 603 of this
title as this section.
Pub. L. 102-83, Sec. 4(a)(5), substituted "non-Department" for
"non-Veterans' Administration" in section catchline.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1710 or
1712" for "610 or 612" in introductory provisions, "1712(a)(1)(B)"
for "612(a)(1)(B)" in par. (2)(A), "1712(a)" for "612(a)" and
"1712(a)(5)(B)" for "612(a)(5)(B)" in par. (2)(B), "1712(a)(3)" for
"612(a)(3)" in par. (2)(C), "1720" for "620" in par. (3), and
"1712(b)(1)(F)" for "612(b)(1)(F)" in par. (7).
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in introductory provisions and in par. (2)(C).
Pub. L. 102-83, Sec. 4(a)(5), substituted "non-Department" for
"non-Veterans' Administration" in introductory provisions and in
pars. (3) and (5).
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" wherever appearing in introductory
provisions and pars. (2), (3), (5), and (6).
Subsec. (a)(2)(B). Pub. L. 102-54, Sec. 14(b)(9)(A), struck out
"section" before "paragraph".
Subsec. (a)(7). Pub. L. 102-54, Sec. 14(b)(9)(B), substituted
"section 612(b)(1)(F)" for "section 612(b)(1)(G)".
Subsec. (a)(8). Pub. L. 102-83, Sec. 4(a)(1), substituted
"administered by the Secretary" for "administered by the Veterans'
Administration".
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in two places.
Pub. L. 102-83, Sec. 4(a)(5), substituted "non-Department" for
"non-Veterans' Administration".
Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1712A,
1720, 1720A, 1724, and 1732" for "612A, 620, 620A, 624, and 632".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in two places.
Pub. L. 102-54, Sec. 14(b)(9)(C), inserted before period at end
"(Public Law 100-322; 102 Stat. 501)".
1988 - Subsec. (a). Pub. L. 100-322, Sec. 104(b)(1), substituted
"furnish any of the following:" for "furnish - ".
Subsec. (a)(1). Pub. L. 100-322, Sec. 104(b)(2), (3), substituted
"Hospital" for "hospital" and the period for semicolon at end.
Subsec. (a)(2). Pub. L. 100-322, Sec. 104(b)(2), (3), substituted
"Medical" for "medical" and the period for semicolon at end.
Subsec. (a)(2)(B). Pub. L. 100-687 substituted "paragraph (2),
(3), or (4) of section 612(a)" for "612(a)(4)", and "612(a)(5)(B)"
for "612(a)(5)".
Pub. L. 100-322, Sec. 101(e)(3)(A), substituted "section
612(a)(4) of this title, for a purpose described in section
612(a)(5) of this title" for "section 612(f)(1)(A)(ii) of this
title".
Subsec. (a)(2)(C). Pub. L. 100-322, Sec. 101(e)(3)(B),
substituted "section 612(a)(3) (other than a veteran who is a
former prisoner of war)" for "section 612(g)".
Subsec. (a)(3). Pub. L. 100-322, Sec. 104(a)(1), (b)(2), (3),
substituted "Hospital" for "hospital", inserted "or nursing home
care under section 620 of this title", and substituted the period
for semicolon at end.
Subsec. (a)(4), (5). Pub. L. 100-322, Sec. 104(b)(2), (3),
substituted "Hospital" for "hospital" and the period for semicolon
at end.
Subsec. (a)(6). Pub. L. 100-322, Sec. 104(b)(2), (4), substituted
"Diagnostic" for "diagnostic" and the period for "; or".
Subsec. (a)(7). Pub. L. 100-322, Sec. 104(b)(2), substituted
"Outpatient" for "outpatient".
Subsec. (a)(8). Pub. L. 100-322, Sec. 104(a)(2), added par. (8).
Subsec. (c). Pub. L. 100-322, Sec. 112(a), added subsec. (c).
1986 - Subsec. (a)(5). Pub. L. 99-272, Sec. 19012(c)(5)(A), made
conforming amendment to Pub. L. 99-166, Sec. 102(b)(1). See 1985
Amendment note below.
1985 - Subsec. (a)(5). Pub. L. 99-166, Sec. 102(b)(1), as amended
by Pub. L. 99-272, Sec. 19012(c)(5)(A), inserted "(other than the
Commonwealth of Puerto Rico)" after "in a State" and substituted
"contiguous States and the Commonwealth of Puerto Rico" for
"contiguous States, but the authority of the Administrator under
this paragraph with respect to the Commonwealth of Puerto Rico
shall expire on September 30, 1988, and until such date the
Administrator may, if necessary to prevent hardship, waive the
applicability to the Commonwealth of Puerto Rico of the
restrictions in this paragraph with respect to hospital patient
loads and the incidence of the furnishing of medical services".
EFFECTIVE DATE OF 1988 AMENDMENTS
Section 1503(b) of Pub. L. 100-687 provided that: "The amendments
made by subsection (a)(1) [amending this section] shall apply with
respect to the furnishing of medical services by contract to
veterans who apply to the Veterans' Administration for medical
services after June 30, 1988."
Section 101(i) of Pub. L. 100-322 provided that: "The amendments
made by this section [amending this section and sections 612 and
617 [now 1712 and 1717] of this title] shall apply with respect to
the furnishing of medical services to veterans who apply for such
services after June 30, 1988."
EFFECTIVE DATE OF 1985 AMENDMENT
Section 102(b)(1) of Pub. L. 99-166, as amended by Pub. L. 99-
272, title XIX, Sec. 19012(c)(5)(A), Apr. 7, 1986, 100 Stat. 382,
provided that the amendment made by that section is effective Oct.
1, 1988.
DEMONSTRATION PROJECTS ON ALTERNATIVES FOR EXPANDING CARE FOR
VETERANS IN RURAL AREAS
Pub. L. 111-163, title III, Sec. 303, May 5, 2010, 124 Stat.
1149, provided that:
"(a) In General. - The Secretary of Veterans Affairs may, through
the Director of the Office of Rural Health, carry out demonstration
projects to examine the feasibility and advisability of
alternatives for expanding care for veterans in rural areas, which
may include the following:
"(1) Establishing a partnership between the Department of
Veterans Affairs and the Centers for Medicare and Medicaid
Services of the Department of Health and Human Services to
coordinate care for veterans in rural areas at critical access
hospitals (as designated or certified under section 1820 of the
Social Security Act (42 U.S.C. 1395i-4)).
"(2) Establishing a partnership between the Department of
Veterans Affairs and the Department of Health and Human Services
to coordinate care for veterans in rural areas at community
health centers.
"(3) Expanding coordination between the Department of Veterans
Affairs and the Indian Health Service to expand care for Indian
veterans.
"(b) Geographic Distribution. - The Secretary shall ensure that
the demonstration projects carried out under subsection (a) are
located at facilities that are geographically distributed
throughout the United States.
"(c) Report. - Not later than 2 years after the date of the
enactment of this Act [May 5, 2010], the Secretary shall submit a
report on the results of the demonstration projects carried out
under subsection (a) to -
"(1) the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate; and
"(2) the Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives.
"(d) Authorization of Appropriations. - There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal year
2010 and each fiscal year thereafter."
PILOT PROGRAM OF ENHANCED CONTRACT CARE AUTHORITY FOR HEALTH CARE
NEEDS OF VETERANS IN HIGHLY RURAL AREAS
Pub. L. 110-387, title IV, Sec. 403, Oct. 10, 2008, 122 Stat.
4124, as amended by Pub. L. 111-163, title III, Sec. 308, May 5,
2010, 124 Stat. 1155, provided that:
"(a) Pilot Program Required. -
"(1) In general. - The Secretary of Veterans Affairs shall
conduct a pilot program under which the Secretary provides
covered health services to covered veterans through qualifying
non-Department of Veterans Affairs health care providers.
"(2) Commencement. - The Secretary shall commence the conduct
of the pilot program on the date that is 120 days after the date
of the enactment of this Act [Oct. 10, 2008].
"(3) Termination. - A veteran may receive health services under
the pilot program only during the three-year period beginning on
the date of the commencement of the pilot program under paragraph
(2).
"(4) Program locations. - The pilot program shall be carried
out within areas selected by the Secretary for the purposes of
the pilot program in at least five Veterans Integrated Service
Networks (VISNs). Of the Veterans Integrated Service Networks so
selected -
"(A) not less than four such networks shall include at least
three highly rural counties, as determined by the Secretary
upon consideration of the most recent decennial census;
"(B) not less than one such network, not including a network
selected under subparagraph (A), shall include only one highly
rural county, as determined by the Secretary upon consideration
of the most recent decennial census;
"(C) all such networks shall include area within the borders
of at least four States; and
"(D) no such networks shall be participants in the Healthcare
Effectiveness through Resource Optimization pilot program of
the Department of Veterans Affairs.
"(b) Covered Veterans. - For purposes of the pilot program under
this section, a covered veteran is any veteran who -
"(1) is -
"(A) enrolled in the system of patient enrollment established
under section 1705(a) of title 38, United States Code, as of
the date of the commencement of the pilot program under
subsection (a)(2); or
"(B) eligible for health care under section 1710(e)(3) of
such title; and
"(2) resides in a location that is -
"(A) more than 60 minutes driving distance from the nearest
Department health care facility providing primary care
services, if the veteran is seeking such services;
"(B) more than 120 minutes driving distance from the nearest
Department health care facility providing acute hospital care,
if the veteran is seeking such care; or
"(C) more than 240 minutes driving distance from the nearest
Department health care facility providing tertiary care, if the
veteran is seeking such care.
"(c) Covered Health Services. - For purposes of the pilot program
under this section, a covered health service with respect to a
covered veteran is any hospital care, medical service,
rehabilitative service, or preventative health service that is
authorized to be provided by the Secretary to the veteran under
chapter 17 of title 38, United States Code, or any other provision
of law.
"(d) Qualifying Non-Department Health Care Providers. - For
purposes of the pilot program under this section, an entity or
individual is a qualifying non-Department health care provider of a
covered health service if the Secretary determines that the entity
or individual is qualified to furnish such service to veterans
under the pilot program.
"(e) Election. - A covered veteran seeking to be provided covered
health services under the pilot program under this section shall
submit to the Secretary an application therefor in such form, and
containing such information as the Secretary shall specify for
purposes of the pilot program.
"(f) Provision of Services Through Contract. - The Secretary
shall provide covered health services to veterans under the pilot
program under this section through contracts with qualifying non-
Department health care providers for the provision of such
services.
"(g) Exchange of Medical Information. - In conducting the pilot
program under this section, the Secretary shall develop and utilize
a functional capability to provide for the exchange of appropriate
medical information between the Department and non-Department
health care providers providing health services under the pilot
program.
"(h) Reports. - Not later than the 30 days after the end of each
year in which the pilot program under this section is conducted,
the Secretary shall submit to the Committee of Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report which includes -
"(1) the assessment of the Secretary of the pilot program
during the preceding year, including its cost, volume, quality,
patient satisfaction, benefit to veterans, and such other
findings and conclusions with respect to pilot program as the
Secretary considers appropriate; and
"(2) such recommendations as the Secretary considers
appropriate regarding -
"(A) the continuation of the pilot program;
"(B) extension of the pilot program to other or all Veterans
Integrated Service Networks of the Department;
"(C) making the pilot program permanent."
RATIFICATION OF MEDICAL SERVICES CONTRACTS
Section 1503(c) of Pub. L. 100-687 ratified actions of the
Administrator in contracting with facilities other than Veterans'
Administration facilities for furnishing medical services incident
to treatment of certain veterans receiving hospital, nursing home,
or domiciliary care, who applied for such services during the
period beginning July 1, 1988, and ending Nov. 18, 1988.
PUERTO RICO CONTRACT CARE; LIMITATION ON INCURRING OF OBLIGATIONS
Section 102(b)(2)-(5) of Pub. L. 99-166, as amended by Pub. L. 99-
272, title XIX, Sec. 19012(c)(5)(B), Apr. 7, 1986, 100 Stat. 382,
limited Administrator's authority to incur obligations for medical
services for veterans residing in Puerto Rico during fiscal years
1986 to 1988.
-End-
-CITE-
38 USC Sec. 1704 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1704. Preventive health services: annual report
-STATUTE-
Not later than October 31 each year, the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on preventive health services. Each such
report shall include the following:
(1) A description of the programs and activities of the
Department with respect to preventive health services during the
preceding fiscal year, including a description of the following:
(A) The programs conducted by the Department -
(i) to educate veterans with respect to health promotion
and disease prevention; and
(ii) to provide veterans with preventive health screenings
and other clinical services, with such description setting
forth the types of resources used by the Department to
conduct such screenings and services and the number of
veterans reached by such screenings and services.
(B) The means by which the Secretary addressed the specific
preventive health services needs of particular groups of
veterans (including veterans with service-connected
disabilities, elderly veterans, low-income veterans, women
veterans, institutionalized veterans, and veterans who are at
risk for mental illness).
(C) The manner in which the provision of such services was
coordinated with the activities of the Medical and Prosthetic
Research Service of the Department and the National Center for
Preventive Health.
(D) The manner in which the provision of such services was
integrated into training programs of the Department, including
initial and continuing medical training of medical students,
residents, and Department staff.
(E) The manner in which the Department participated in
cooperative preventive health efforts with other governmental
and private entities (including State and local health
promotion offices and not-for-profit organizations).
(F) The specific research carried out by the Department with
respect to the long-term relationships among screening
activities, treatment, and morbidity and mortality outcomes.
(G) The cost effectiveness of such programs and activities,
including an explanation of the means by which the costs and
benefits (including the quality of life of veterans who
participate in such programs and activities) of such programs
and activities are measured.
(2) A specific description of research activities on preventive
health services carried out during that period using employees,
funds, equipment, office space, or other support services of the
Department, with such description setting forth -
(A) the source of funds for those activities;
(B) the articles or publications (including the authors of
the articles and publications) in which those activities are
described;
(C) the Federal, State, or local governmental entity or
private entity, if any, with which such activities were carried
out; and
(D) the clinical, research, or staff education projects for
which funding applications were submitted (including the source
of the funds applied for) and upon which a decision is pending
or was denied.
(3) An accounting of the expenditure of funds during that
period by the National Center for Preventive Health under section
7318 of this title.
-SOURCE-
(Added Pub. L. 102-585, title V, Sec. 512(a), Nov. 4, 1992, 106
Stat. 4957.)
-End-
-CITE-
38 USC Sec. 1705 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1705. Management of health care: patient enrollment system
-STATUTE-
(a) In managing the provision of hospital care and medical
services under section 1710(a) of this title, the Secretary, in
accordance with regulations the Secretary shall prescribe, shall
establish and operate a system of annual patient enrollment. The
Secretary shall manage the enrollment of veterans in accordance
with the following priorities, in the order listed:
(1) Veterans with service-connected disabilities rated 50
percent or greater.
(2) Veterans with service-connected disabilities rated 30
percent or 40 percent.
(3) Veterans who are former prisoners of war or who were
awarded the Purple Heart, veterans who were awarded the medal of
honor under section 3741, 6241, or 8741 of title 10 or section
491 of title 14, veterans with service-connected disabilities
rated 10 percent or 20 percent, and veterans described in
subparagraphs (B) and (C) of section 1710(a)(2) of this title.
(4) Veterans who are in receipt of increased pension based on a
need of regular aid and attendance or by reason of being
permanently housebound and other veterans who are
catastrophically disabled.
(5) Veterans not covered by paragraphs (1) through (4) who are
unable to defray the expenses of necessary care as determined
under section 1722(a) of this title.
(6) All other veterans eligible for hospital care, medical
services, and nursing home care under section 1710(a)(2) of this
title.
(7) Veterans described in section 1710(a)(3) of this title who
are eligible for treatment as a low-income family under section
3(b) of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)) for the area in which such veterans reside, regardless
of whether such veterans are treated as single person families
under paragraph (3)(A) of such section 3(b) or as families under
paragraph (3)(B) of such section 3(b).
(8) Veterans described in section 1710(a)(3) of this title who
are not covered by paragraph (7).
(b) In the design of an enrollment system under subsection (a),
the Secretary -
(1) shall ensure that the system will be managed in a manner to
ensure that the provision of care to enrollees is timely and
acceptable in quality;
(2) may establish additional priorities within each priority
group specified in subsection (a), as the Secretary determines
necessary; and
(3) may provide for exceptions to the specified priorities
where dictated by compelling medical reasons.
(c)(1) The Secretary may not provide hospital care or medical
services to a veteran under paragraph (2) or (3) of section 1710(a)
of this title unless the veteran enrolls in the system of patient
enrollment established by the Secretary under subsection (a).
(2) The Secretary shall provide hospital care and medical
services under section 1710(a)(1) of this title, and under
subparagraph (B) of section 1710(a)(2) of this title, for the 12-
month period following such veteran's discharge or release from
service, to any veteran referred to in such sections for a
disability specified in the applicable subparagraph of such
section, notwithstanding the failure of the veteran to enroll in
the system of patient enrollment referred to in subsection (a) of
this section.
-SOURCE-
(Added Pub. L. 104-262, title I, Sec. 104(a)(1), Oct. 9, 1996, 110
Stat. 3182; amended Pub. L. 106-117, title I, Sec. 112(2), Nov. 30,
1999, 113 Stat. 1556; Pub. L. 107-135, title II, Sec. 202(a), Jan.
23, 2002, 115 Stat. 2457; Pub. L. 107-330, title III, Sec.
308(g)(4), Dec. 6, 2002, 116 Stat. 2828; Pub. L. 111-163, title V,
Sec. 512, May 5, 2010, 124 Stat. 1164.)
-MISC1-
AMENDMENTS
2010 - Subsec. (a)(3). Pub. L. 111-163 inserted "veterans who
were awarded the medal of honor under section 3741, 6241, or 8741
of title 10 or section 491 of title 14," after "the Purple Heart,".
2002 - Subsec. (a)(7), (8). Pub. L. 107-135 added pars. (7) and
(8) and struck out former par. (7) which read as follows: "Veterans
described in section 1710(a)(3) of this title."
Subsec. (c)(1). Pub. L. 107-330 substituted "The Secretary" for
"Effective on October 1, 1998, the Secretary".
1999 - Subsec. (a)(3). Pub. L. 106-117 inserted "or who were
awarded the Purple Heart" after "former prisoners of war".
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-135, title II, Sec. 202(c), Jan. 23, 2002, 115 Stat.
2457, provided that: "The amendments made by this section [amending
this section and section 1710 of this title] shall take effect on
October 1, 2002."
ASSESSMENT OF IMPLEMENTATION AND OPERATION OF AMENDMENTS BY PUB. L.
104-262
Section 106 of title I of Pub. L. 104-262 provided that:
"(a) Assessment Systems. - The Secretary of Veterans Affairs
shall establish information systems to assess the experience of the
Department of Veterans Affairs in implementing sections 101, 103,
and 104 [enacting this section and section 1706 of this title,
amending sections 1525, 1701, 1703, 1710, 1712, 1712A, 1717, 1718,
1720, 1722, 1729, 2104, 5317, 8110, and 8111A of this title, and
enacting provisions set out as a note under section 1701 of this
title], including the amendments made by those sections, during
fiscal year 1997. The Secretary shall establish those information
systems in time to include assessments under such systems in the
report required under subsection (b).
"(b) Report. - Not later than March 1, 1998, the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report reflecting the experience of the
Department during fiscal year 1997 on -
"(1) the effect of implementation of, and provision and
management of care under, sections 101, 103, and 104 (including
the amendments made by those sections) on demand for health care
services from the Department of Veterans Affairs by veterans
described in paragraphs (1), (2), and (3) of section 1710(a) of
title 38, United States Code, as amended by section 101;
"(2) any differing patterns of demand on the part of such
veterans relating to such factors as relative distance from
Department facilities and prior experience, or lack of
experience, as recipients of care from the Department;
"(3) the extent to which the Department has met such demand for
care; and
"(4) changes in health-care delivery patterns in Department
facilities and the fiscal impact of such changes.
"(c) Matters To Be Included. - The report under subsection (b)
shall include detailed information with respect to fiscal year 1997
regarding the following:
"(1) The number of veterans enrolled for care at each
Department medical facility and, of such veterans, the number
enrolled at each such facility who had not received care from the
Department during the preceding three fiscal years.
"(2) With respect to the veterans who had not received care
from the Department during the three preceding fiscal years, the
total cost of providing care to such veterans, shown in total and
separately (A) by level of care, and (B) by reference to whether
care was furnished in Department facilities or under contract
arrangements.
"(3) With respect to the number of veterans described in
paragraphs (1), (2), and (3) of section 1710(a) of title 38,
United States Code, as amended by section 101, who applied for
health care from the Department during fiscal year 1997 -
"(A) the number who applied for care (shown in total and
separately by facility);
"(B) the number who were denied enrollment (shown in total
and separately by facility); and
"(C) the number who were denied care which was considered to
be medically necessary but not of an emergency nature (shown in
total and separately by facility).
"(4) The numbers and characteristics of, and the type and
extent of health care furnished to, veterans enrolled for care
(shown in total and separately by facility).
"(5) The numbers and characteristics of, and the type and
extent of health care furnished to, veterans not enrolled for
care (shown separately by reference to each class of eligibility,
both in total and separately by facility).
"(6) The specific fiscal impact (shown in total and by
geographic health-care delivery areas) of changes in delivery
patterns instituted under the amendments made by this title
[enacting this section and section 1706 of this title and
amending sections 1525, 1701, 1703, 1710, 1712, 1712A, 1717,
1718, 1720, 1722, 1729, 2104, 5317, 8110, and 8111A of this
title]."
-End-
-CITE-
38 USC Sec. 1706 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1706. Management of health care: other requirements
-STATUTE-
(a) In managing the provision of hospital care and medical
services under section 1710(a) of this title, the Secretary shall,
to the extent feasible, design, establish and manage health care
programs in such a manner as to promote cost-effective delivery of
health care services in the most clinically appropriate setting.
(b)(1) In managing the provision of hospital care and medical
services under such section, the Secretary shall ensure that the
Department (and each geographic service area of the Veterans Health
Administration) maintains its capacity to provide for the
specialized treatment and rehabilitative needs of disabled veterans
(including veterans with spinal cord dysfunction, blindness,
amputations, and mental illness) within distinct programs or
facilities of the Department that are dedicated to the specialized
needs of those veterans in a manner that (A) affords those veterans
reasonable access to care and services for those specialized needs,
and (B) ensures that overall capacity of the Department (and each
geographic service area of the Veterans Health Administration) to
provide such services is not reduced below the capacity of the
Department, nationwide, to provide those services, as of October 9,
1996. The Secretary shall carry out this paragraph in consultation
with the Advisory Committee on Prosthetics and Special Disabilities
Programs and the Committee on Care of Severely Chronically Mentally
Ill Veterans.
(2) For purposes of paragraph (1), the capacity of the Department
(and each geographic service area of the Veterans Health
Administration) to provide for the specialized treatment and
rehabilitative needs of disabled veterans (including veterans with
spinal cord dysfunction, traumatic brain injury, blindness,
prosthetics and sensory aids, and mental illness) within distinct
programs or facilities shall be measured for seriously mentally ill
veterans as follows (with all such data to be provided by
geographic service area and totaled nationally):
(A) For mental health intensive community-based care, the
number of discrete intensive care teams constituted to provide
such intensive services to seriously mentally ill veterans and
the number of veterans provided such care.
(B) For opioid substitution programs, the number of patients
treated annually and the amounts expended.
(C) For dual-diagnosis patients, the number treated annually
and the amounts expended.
(D) For substance-use disorder programs -
(i) the number of beds (whether hospital, nursing home, or
other designated beds) employed and the average bed occupancy
of such beds;
(ii) the percentage of unique patients admitted directly to
outpatient care during the fiscal year who had two or more
additional visits to specialized outpatient care within 30 days
of their first visit, with a comparison from 1996 until the
date of the report;
(iii) the percentage of unique inpatients with substance-use
disorder diagnoses treated during the fiscal year who had one
or more specialized clinic visits within three days of their
index discharge, with a comparison from 1996 until the date of
the report;
(iv) the percentage of unique outpatients seen in a facility
or geographic service area during the fiscal year who had one
or more specialized clinic visits, with a comparison from 1996
until the date of the report; and
(v) the rate of recidivism of patients at each specialized
clinic in each geographic service area of the Veterans Health
Administration.
(E) For mental health programs, the number and type of staff
that are available at each facility to provide specialized mental
health treatment, including satellite clinics, outpatient
programs, and community-based outpatient clinics, with a
comparison from 1996 to the date of the report.
(F) The number of such clinics providing mental health care,
the number and type of mental health staff at each such clinic,
and the type of mental health programs at each such clinic.
(G) The total amounts expended for mental health during the
fiscal year.
(3) For purposes of paragraph (1), the capacity of the Department
(and each geographic service area of the Veterans Health
Administration) to provide for the specialized treatment and
rehabilitative needs of disabled veterans within distinct programs
or facilities shall be measured for veterans with spinal cord
dysfunction, traumatic brain injury, blindness, or prosthetics and
sensory aids as follows (with all such data to be provided by
geographic service area and totaled nationally):
(A) For spinal cord injury and dysfunction specialized centers
and for blind rehabilitation specialized centers, the number of
staffed beds and the number of full-time equivalent employees
assigned to provide care at such centers.
(B) For prosthetics and sensory aids, the annual amount
expended.
(C) For traumatic brain injury, the number of patients treated
annually and the amounts expended.
(4) In carrying out paragraph (1), the Secretary may not use
patient outcome data as a substitute for, or the equivalent of,
compliance with the requirement under that paragraph for
maintenance of capacity.
(5)(A) Not later than April 1 of each year through 2008, the
Secretary shall submit to the Committees on Veterans' Affairs of
the Senate and House of Representatives a report on the Secretary's
compliance, by facility and by service-network, with the
requirements of this subsection. Each such report shall include
information on recidivism rates associated with substance-use
disorder treatment.
(B) In preparing each report under subparagraph (A), the
Secretary shall use standardized data and data definitions.
(C) Each report under subparagraph (A) shall be audited by the
Inspector General of the Department, who shall submit to Congress a
certification as to the accuracy of each such report.
(6)(A) To ensure compliance with paragraph (1), the Under
Secretary for Health shall prescribe objective standards of job
performance for employees in positions described in subparagraph
(B) with respect to the job performance of those employees in
carrying out the requirements of paragraph (1). Those job
performance standards shall include measures of workload,
allocation of resources, and quality-of-care indicators.
(B) Positions described in this subparagraph are positions in the
Veterans Health Administration that have responsibility for
allocating and managing resources applicable to the requirements of
paragraph (1).
(C) The Under Secretary shall develop the job performance
standards under subparagraph (A) in consultation with the Advisory
Committee on Prosthetics and Special Disabilities Programs and the
Committee on Care of Severely Chronically Mentally Ill Veterans.
(c) The Secretary shall ensure that each primary care health care
facility of the Department develops and carries out a plan to
provide mental health services, either through referral or direct
provision of services, to veterans who require such services.
-SOURCE-
(Added Pub. L. 104-262, title I, Sec. 104(a)(1), Oct. 9, 1996, 110
Stat. 3183; amended Pub. L. 105-368, title IX, Sec. 903(a), title
X, Sec. 1005(b)(2), Nov. 11, 1998, 112 Stat. 3360, 3365; Pub. L.
107-95, Sec. 8(a), Dec. 21, 2001, 115 Stat. 919; Pub. L. 107-135,
title II, Sec. 203, Jan. 23, 2002, 115 Stat. 2458; Pub. L. 109-461,
title II, Sec. 208(a), Dec. 22, 2006, 120 Stat. 3413.)
-MISC1-
AMENDMENTS
2006 - Subsec. (b)(5)(A). Pub. L. 109-461 substituted "2008" for
"2004".
2002 - Subsec. (b)(1). Pub. L. 107-135, Sec. 203(a)(1), inserted
"(and each geographic service area of the Veterans Health
Administration)" after "ensure that the Department" in introductory
provisions and "(and each geographic service area of the Veterans
Health Administration)" after "overall capacity of the Department"
in cl. (B).
Subsec. (b)(2) to (4). Pub. L. 107-135, Sec. 203(a)(3), added
pars. (2) to (4). Former pars. (2) and (3) redesignated (5) and
(6), respectively.
Subsec. (b)(5). Pub. L. 107-135, Sec. 203(a)(2), (b),
redesignated par. (2) as (5), inserted "(A)" before "Not later
than", substituted "April 1 of each year through 2004" for "April
1, 1999, April 1, 2000, and April 1, 2001", inserted at end of
subpar. (A) "Each such report shall include information on
recidivism rates associated with substance-use disorder
treatment.", and added subpars. (B) and (C).
Subsec. (b)(6). Pub. L. 107-135, Sec. 203(a)(2), redesignated
par. (3) as (6).
2001 - Subsec. (c). Pub. L. 107-95 added subsec. (c).
1998 - Subsec. (b)(1). Pub. L. 105-368, Sec. 1005(b)(2),
substituted "October 9, 1996" for "the date of the enactment of
this section".
Subsec. (b)(2). Pub. L. 105-368, Sec. 903(a)(1), substituted
"April 1, 1999, April 1, 2000, and April 1, 2001" for "April 1,
1997, April 1, 1998, and April 1, 1999".
Subsec. (b)(3). Pub. L. 105-368, Sec. 903(a)(2), added par. (3).
DEADLINE FOR PRESCRIBING STANDARDS
Pub. L. 105-368, title IX, Sec. 903(b), Nov. 11, 1998, 112 Stat.
3361, provided that: "The standards of job performance required by
paragraph (3) of section 1706(b) of title 38, United States Code,
as added by subsection (a), shall be prescribed not later than
January 1, 1999."
-End-
-CITE-
38 USC Sec. 1707 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1707. Limitations
-STATUTE-
(a) Funds appropriated to carry out this chapter may not be used
for purposes that are inconsistent with the Assisted Suicide
Funding Restriction Act of 1997 (42 U.S.C. 14401 et seq.).
(b) The Secretary may furnish sensori-neural aids only in
accordance with guidelines prescribed by the Secretary.
-SOURCE-
(Added Pub. L. 105-12, Sec. 9(i)(1), Apr. 30, 1997, 111 Stat. 27;
amended Pub. L. 107-135, title II, Sec. 208(a)(2), (f)(2), Jan. 23,
2002, 115 Stat. 2462, 2464; Pub. L. 107-330, title III, Sec.
308(g)(5), Dec. 6, 2002, 116 Stat. 2829.)
-REFTEXT-
REFERENCES IN TEXT
The Assisted Suicide Funding Restriction Act of 1997, referred to
in subsec. (a), is Pub. L. 105-12, Apr. 30, 1997, 111 Stat. 23,
which is classified principally to chapter 138 (Sec. 14401 et seq.)
of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 14401 of Title 42.
-MISC1-
AMENDMENTS
2002 - Pub. L. 107-135, Sec. 208(f)(2), substituted "Limitations"
for "Restriction on use of funds for assisted suicide, euthanasia,
or mercy killing" as section catchline.
Pub. L. 107-135, Sec. 208(a)(2), designated existing provisions
as subsec. (a) and added subsec. (b).
Subsec. (a). Pub. L. 107-330 inserted "(42 U.S.C. 14401 et seq.)"
before period at end.
EFFECTIVE DATE
Section effective Apr. 30, 1997, and applicable to Federal
payments made pursuant to obligations incurred after Apr. 30, 1997,
for items and services provided on or after such date, subject to
also being applicable with respect to contracts entered into,
renewed, or extended after Apr. 30, 1997, as well as contracts
entered into before Apr. 30, 1997, to the extent permitted under
such contracts, see section 11 of Pub. L. 105-12, set out as a note
under section 14401 of Title 42, The Public Health and Welfare.
-End-
-CITE-
38 USC Sec. 1708 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1708. Temporary lodging
-STATUTE-
(a) The Secretary may furnish persons described in subsection (b)
with temporary lodging in a Fisher house or other appropriate
facility in connection with the examination, treatment, or care of
a veteran under this chapter or, as provided for under subsection
(e)(5), in connection with benefits administered under this title.
(b) Persons to whom the Secretary may provide lodging under
subsection (a) are the following:
(1) A veteran who must travel a significant distance to receive
care or services under this title.
(2) A member of the family of a veteran and others who
accompany a veteran and provide the equivalent of familial
support for such veteran.
(c) In this section, the term "Fisher house" means a housing
facility that -
(1) is located at, or in proximity to, a Department medical
facility;
(2) is available for residential use on a temporary basis by
patients of that facility and others described in subsection
(b)(2); and
(3) is constructed by, and donated to the Secretary by, the
Zachary and Elizabeth M. Fisher Armed Services Foundation.
(d) The Secretary may establish charges for providing lodging
under this section. The proceeds from such charges shall be
credited to the medical services account and shall be available
until expended for the purposes of providing such lodging.
(e) The Secretary shall prescribe regulations to carry out this
section. Such regulations shall include provisions -
(1) limiting the duration of lodging provided under this
section;
(2) establishing standards and criteria under which charges are
established for such lodging under subsection (d);
(3) establishing criteria for persons considered to be
accompanying a veteran under subsection (b)(2);
(4) establishing criteria for the use of the premises of
temporary lodging facilities under this section; and
(5) establishing any other limitations, conditions, and
priorities that the Secretary considers appropriate with respect
to lodging under this section.
-SOURCE-
(Added Pub. L. 106-419, title II, Sec. 221(a), Nov. 1, 2000, 114
Stat. 1844; amended Pub. L. 110-387, title IX, Sec. 901(a)(8), Oct.
10, 2008, 122 Stat. 4142.)
-MISC1-
AMENDMENTS
2008 - Subsec. (d). Pub. L. 110-387 substituted "medical services
account" for "medical care account".
-End-
-CITE-
38 USC SUBCHAPTER II - HOSPITAL, NURSING HOME, OR
DOMICILIARY CARE AND MEDICAL TREATMENT 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-581, title II, Sec. 202(c), Oct. 21, 1976, 90
Stat. 2855, inserted ", NURSING HOME," in subchapter heading.
-End-
-CITE-
38 USC Sec. 1710 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1710. Eligibility for hospital, nursing home, and domiciliary
care
-STATUTE-
(a)(1) The Secretary (subject to paragraph (4)) shall furnish
hospital care and medical services which the Secretary determines
to be needed -
(A) to any veteran for a service-connected disability; and
(B) to any veteran who has a service-connected disability rated
at 50 percent or more.
(2) The Secretary (subject to paragraph (4)) shall furnish
hospital care and medical services, and may furnish nursing home
care, which the Secretary determines to be needed to any veteran -
(A) who has a compensable service-connected disability rated
less than 50 percent or, with respect to nursing home care during
any period during which the provisions of section 1710A(a) of
this title are in effect, a compensable service-connected
disability rated less than 70 percent;
(B) whose discharge or release from active military, naval, or
air service was for a disability that was incurred or aggravated
in the line of duty;
(C) who is in receipt of, or who, but for a suspension pursuant
to section 1151 of this title (or both a suspension and the
receipt of retired pay), would be entitled to disability
compensation, but only to the extent that such veteran's
continuing eligibility for such care is provided for in the
judgment or settlement provided for in such section;
(D) who is a former prisoner of war or who was awarded the
Purple Heart;
(E) who is a veteran of the Mexican border period or of World
War I;
(F) who was exposed to a toxic substance, radiation, or other
conditions, as provided in subsection (e); or
(G) who is unable to defray the expenses of necessary care as
determined under section 1722(a) of this title.
(3) In the case of a veteran who is not described in paragraphs
(1) and (2), the Secretary may, to the extent resources and
facilities are available and subject to the provisions of
subsections (f) and (g), furnish hospital care, medical services,
and nursing home care which the Secretary determines to be needed.
(4) The requirement in paragraphs (1) and (2) that the Secretary
furnish hospital care and medical services, the requirement in
section 1710A(a) of this title that the Secretary provide nursing
home care, the requirement in section 1710B of this title that the
Secretary provide a program of extended care services, and the
requirement in section 1745 of this title to provide nursing home
care and prescription medicines to veterans with service-connected
disabilities in State homes shall be effective in any fiscal year
only to the extent and in the amount provided in advance in
appropriations Acts for such purposes.
(5) During any period during which the provisions of section
1710A(a) of this title are not in effect, the Secretary may furnish
nursing home care which the Secretary determines is needed to any
veteran described in paragraph (1), with the priority for such care
on the same basis as if provided under that paragraph.
(b)(1) The Secretary may furnish to a veteran described in
paragraph (2) of this subsection such domiciliary care as the
Secretary determines is needed for the purpose of the furnishing of
medical services to the veteran.
(2) This subsection applies in the case of the following
veterans:
(A) Any veteran whose annual income (as determined under
section 1503 of this title) does not exceed the maximum annual
rate of pension that would be applicable to the veteran if the
veteran were eligible for pension under section 1521(d) of this
title.
(B) Any veteran who the Secretary determines has no adequate
means of support.
(c) While any veteran is receiving hospital care or nursing home
care in any Department facility, the Secretary may, within the
limits of Department facilities, furnish medical services to
correct or treat any non-service-connected disability of such
veteran, in addition to treatment incident to the disability for
which such veteran is hospitalized, if the veteran is willing, and
the Secretary finds such services to be reasonably necessary to
protect the health of such veteran. The Secretary may furnish
dental services and treatment, and related dental appliances, under
this subsection for a non-service-connected dental condition or
disability of a veteran only (1) to the extent that the Secretary
determines that the dental facilities of the Department to be used
to furnish such services, treatment, or appliances are not needed
to furnish services, treatment, or appliances for dental conditions
or disabilities described in section 1712(a) of this title, or (2)
if (A) such non-service-connected dental condition or disability is
associated with or aggravating a disability for which such veteran
is receiving hospital care, or (B) a compelling medical reason or a
dental emergency requires furnishing dental services, treatment, or
appliances (excluding the furnishing of such services, treatment,
or appliances of a routine nature) to such veteran during the
period of hospitalization under this section.
(d) In no case may nursing home care be furnished in a hospital
not under the direct jurisdiction of the Secretary except as
provided in section 1720 of this title.
(e)(1)(A) A Vietnam-era herbicide-exposed veteran is eligible
(subject to paragraph (2)) for hospital care, medical services, and
nursing home care under subsection (a)(2)(F) for any disability,
notwithstanding that there is insufficient medical evidence to
conclude that such disability may be associated with such exposure.
(B) A radiation-exposed veteran is eligible for hospital care,
medical services, and nursing home care under subsection (a)(2)(F)
for any disease suffered by the veteran that is -
(i) a disease listed in section 1112(c)(2) of this title; or
(ii) any other disease for which the Secretary, based on the
advice of the Advisory Committee on Environmental Hazards,
determines that there is credible evidence of a positive
association between occurrence of the disease in humans and
exposure to ionizing radiation.
(C) Subject to paragraph (2) of this subsection, a veteran who
served on active duty between August 2, 1990, and November 11,
1998, in the Southwest Asia theater of operations during the
Persian Gulf War is eligible for hospital care, medical services,
and nursing home care under subsection (a)(2)(F) for any
disability, notwithstanding that there is insufficient medical
evidence to conclude that such disability may be associated with
such service.
(D) Subject to paragraphs (2) and (3), a veteran who served on
active duty in a theater of combat operations (as determined by the
Secretary in consultation with the Secretary of Defense) during a
period of war after the Persian Gulf War, or in combat against a
hostile force during a period of hostilities (as defined in section
1712A(a)(2)(B) of this title) after November 11, 1998, is eligible
for hospital care, medical services, and nursing home care under
subsection (a)(2)(F) for any illness, notwithstanding that there is
insufficient medical evidence to conclude that such condition is
attributable to such service.
(E) Subject to paragraph (2), a veteran who participated in a
test conducted by the Department of Defense Deseret Test Center as
part of a program for chemical and biological warfare testing from
1962 through 1973 (including the program designated as "Project
Shipboard Hazard and Defense (SHAD)" and related land-based tests)
is eligible for hospital care, medical services, and nursing home
care under subsection (a)(2)(F) for any illness, notwithstanding
that there is insufficient medical evidence to conclude that such
illness is attributable to such testing.
(2)(A) In the case of a veteran described in paragraph (1)(A),
hospital care, medical services, and nursing home care may not be
provided under subsection (a)(2)(F) with respect to -
(i) a disability that is found, in accordance with guidelines
issued by the Under Secretary for Health, to have resulted from a
cause other than an exposure described in paragraph (4)(A)(ii);
or
(ii) a disease for which the National Academy of Sciences, in a
report issued in accordance with section 3 of the Agent Orange
Act of 1991, has determined that there is limited or suggestive
evidence of the lack of a positive association between occurrence
of the disease in humans and exposure to a herbicide agent.
(B) In the case of a veteran described in subparagraph (C), (D),
or (E) of paragraph (1), hospital care, medical services, and
nursing home care may not be provided under subsection (a)(2)(F)
with respect to a disability that is found, in accordance with
guidelines issued by the Under Secretary for Health, to have
resulted from a cause other than the service or testing described
in such subparagraph.
(3) Hospital care, medical services, and nursing home care may
not be provided under or by virtue of subsection (a)(2)(F) in the
case of care for a veteran described in paragraph (1)(D) who -
(A) is discharged or released from the active military, naval,
or air service after the date that is five years before the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 2008, after a period of five years beginning on the
date of such discharge or release; or
(B) is so discharged or released more than five years before
the date of the enactment of that Act and who did not enroll in
the patient enrollment system under section 1705 of this title
before such date, after a period of three years beginning on the
date of the enactment of that Act.
(4) For purposes of this subsection -
(A) The term "Vietnam-era herbicide-exposed veteran" means a
veteran (i) who served on active duty in the Republic of Vietnam
during the period beginning on January 9, 1962, and ending on May
7, 1975, and (ii) who the Secretary finds may have been exposed
during such service to dioxin or was exposed during such service
to a toxic substance found in a herbicide or defoliant used for
military purposes during such period.
(B) The term "radiation-exposed veteran" has the meaning given
that term in section 1112(c)(3) of this title.
(5) When the Secretary first provides care for veterans using the
authority provided in paragraph (1)(D), the Secretary shall
establish a system for collection and analysis of information on
the general health status and health care utilization patterns of
veterans receiving care under that paragraph. Not later than 18
months after first providing care under such authority, the
Secretary shall submit to Congress a report on the experience under
that authority. The Secretary shall include in the report any
recommendations of the Secretary for extension of that authority.
(f)(1) The Secretary may not furnish hospital care or nursing
home care (except if such care constitutes hospice care) under this
section to a veteran who is eligible for such care under subsection
(a)(3) of this section unless the veteran agrees to pay to the
United States the applicable amount determined under paragraph (2)
or (4) of this subsection.
(2) A veteran who is furnished hospital care or nursing home care
under this section and who is required under paragraph (1) of this
subsection to agree to pay an amount to the United States in order
to be furnished such care shall be liable to the United States for
an amount equal to -
(A) the lesser of -
(i) the cost of furnishing such care, as determined by the
Secretary; or
(ii) the amount determined under paragraph (3) of this
subsection; and
(B) before September 30, 2012, an amount equal to $10 for every
day the veteran receives hospital care and $5 for every day the
veteran receives nursing home care.
(3)(A) In the case of hospital care furnished during any 365-day
period, the amount referred to in paragraph (2)(A)(ii) of this
subsection is -
(i) the amount of the inpatient Medicare deductible, plus
(ii) one-half of such amount for each 90 days of care (or
fraction thereof) after the first 90 days of such care during
such 365-day period.
(B) In the case of nursing home care furnished during any 365-day
period, the amount referred to in paragraph (2)(A)(ii) of this
subsection is the amount of the inpatient Medicare deductible for
each 90 days of such care (or fraction thereof) during such 365-day
period.
(C)(i) Except as provided in clause (ii) of this subparagraph, in
the case of a veteran who is admitted for nursing home care under
this section after being furnished, during the preceding 365-day
period, hospital care for which the veteran has paid the amount of
the inpatient Medicare deductible under this subsection and who has
not been furnished 90 days of hospital care in connection with such
payment, the veteran shall not incur any liability under paragraph
(2) of this subsection with respect to such nursing home care until
-
(I) the veteran has been furnished, beginning with the first
day of such hospital care furnished in connection with such
payment, a total of 90 days of hospital care and nursing home
care; or
(II) the end of the 365-day period applicable to the hospital
care for which payment was made,
whichever occurs first.
(ii) In the case of a veteran who is admitted for nursing home
care under this section after being furnished, during any 365-day
period, hospital care for which the veteran has paid an amount
under subparagraph (A)(ii) of this paragraph and who has not been
furnished 90 days of hospital care in connection with such payment,
the amount of the liability of the veteran under paragraph (2) of
this subsection with respect to the number of days of such nursing
home care which, when added to the number of days of such hospital
care, is 90 or less, is the difference between the inpatient
Medicare deductible and the amount paid under such subparagraph
until -
(I) the veteran has been furnished, beginning with the first
day of such hospital care furnished in connection with such
payment, a total of 90 days of hospital care and nursing home
care; or
(II) the end of the 365-day period applicable to the hospital
care for which payment was made,
whichever occurs first.
(D) In the case of a veteran who is admitted for hospital care
under this section after having been furnished, during the
preceding 365-day period, nursing home care for which the veteran
has paid the amount of the inpatient Medicare deductible under this
subsection and who has not been furnished 90 days of nursing home
care in connection with such payment, the veteran shall not incur
any liability under paragraph (2) of this subsection with respect
to such hospital care until -
(i) the veteran has been furnished, beginning with the first
day of such nursing home care furnished in connection with such
payment, a total of 90 days of nursing home care and hospital
care; or
(ii) the end of the 365-day period applicable to the nursing
home care for which payment was made,
whichever occurs first.
(E) A veteran may not be required to make a payment under this
subsection for hospital care or nursing home care furnished under
this section during any 90-day period in which the veteran is
furnished medical services under paragraph (3) of subsection (a) to
the extent that such payment would cause the total amount paid by
the veteran under this subsection for hospital care and nursing
home care furnished during that period and under subsection (g) for
medical services furnished during that period to exceed the amount
of the inpatient Medicare deductible in effect on the first day of
such period.
(F) A veteran may not be required to make a payment under this
subsection or subsection (g) for any days of care in excess of 360
days of care during any 365-calendar-day period.
(4) In the case of a veteran covered by this subsection who is
also described by section 1705(a)(7) of this title, the amount for
which the veteran shall be liable to the United States for hospital
care under this subsection shall be an amount equal to 20 percent
of the total amount for which the veteran would otherwise be liable
for such care under subparagraphs (2)(B) and (3)(A) but for this
paragraph.
(5) For the purposes of this subsection, the term "inpatient
Medicare deductible" means the amount of the inpatient hospital
deductible in effect under section 1813(b) of the Social Security
Act (42 U.S.C. 1395e(b)) on the first day of the 365-day period
applicable under paragraph (3) of this subsection.
(g)(1) The Secretary may not furnish medical services (except if
such care constitutes hospice care) under subsection (a) of this
section (including home health services under section 1717 of this
title) to a veteran who is eligible for hospital care under this
chapter by reason of subsection (a)(3) of this section unless the
veteran agrees to pay to the United States in the case of each
outpatient visit the applicable amount or amounts established by
the Secretary by regulation.
(2) A veteran who is furnished medical services under subsection
(a) of this section and who is required under paragraph (1) of this
subsection to agree to pay an amount to the United States in order
to be furnished such services shall be liable to the United States,
in the case of each visit in which such services are furnished to
the veteran, for an amount which the Secretary shall establish by
regulation.
(3) This subsection does not apply with respect to home health
services under section 1717 of this title to the extent that such
services are for improvements and structural alterations.
(h) Nothing in this section requires the Secretary to furnish
care to a veteran to whom another agency of Federal, State, or
local government has a duty under law to provide care in an
institution of such government.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1141, Sec. 610; Pub. L. 87-
583, Sec. 1, Aug. 14, 1962, 76 Stat. 381; Pub. L. 89-358, Sec. 8,
Mar. 3, 1966, 80 Stat. 27; Pub. L. 89-785, title III, Sec. 304,
Nov. 7, 1966, 80 Stat. 1377; Pub. L. 91-500, Sec. 4, Oct. 22, 1970,
84 Stat. 1096; Pub. L. 93-82, title I, Sec. 102, Aug. 2, 1973, 87
Stat. 180; Pub. L. 94-581, title II, Secs. 202(d), 210(a)(1), Oct.
21, 1976, 90 Stat. 2855, 2862; Pub. L. 96-22, title I, Sec. 102(a),
June 13, 1979, 93 Stat. 47; Pub. L. 97-37, Sec. 5(a), Aug. 14,
1981, 95 Stat. 936; Pub. L. 97-72, title I, Sec. 102(a), Nov. 3,
1981, 95 Stat. 1047; Pub. L. 98-160, title VII, Sec. 701, Nov. 21,
1983, 97 Stat. 1008; Pub. L. 99-166, title I, Sec. 103, Dec. 3,
1985, 99 Stat. 944; Pub. L. 99-272, title XIX, Sec. 19011(a),
(d)(3), Apr. 7, 1986, 100 Stat. 372, 379; Pub. L. 99-576, title II,
Sec. 237(a), (b)(1), Oct. 28, 1986, 100 Stat. 3267; Pub. L. 100-
322, title I, Sec. 102(a), May 20, 1988, 102 Stat. 492; Pub. L.
100-687, div. B, title XII, Sec. 1202, Nov. 18, 1988, 102 Stat.
4125; Pub. L. 101-508, title VIII, Sec. 8013(a), Nov. 5, 1990, 104
Stat. 1388-346; Pub. L. 102-4, Sec. 5, Feb. 6, 1991, 105 Stat. 15;
Pub. L. 102-54, Sec. 14(b)(10), June 13, 1991, 105 Stat. 283;
renumbered Sec. 1710 and amended Pub. L. 102-83, Secs. 4(a)(3),
(4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406;
Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat.
1984; Pub. L. 103-210, Secs. 1(a), 2(a), Dec. 20, 1993, 107 Stat.
2496, 2497; Pub. L. 103-446, title XII, Sec. 1201(d)(2), Nov. 2,
1994, 108 Stat. 4684; Pub. L. 103-452, title I, Sec. 103(a)(1),
Nov. 2, 1994, 108 Stat. 4786; Pub. L. 104-110, title I, Sec.
101(a)(1), Feb. 13, 1996, 110 Stat. 768; Pub. L. 104-262, title I,
Secs. 101(a), (b), (d)(2)-(4), 102(a), Oct. 9, 1996, 110 Stat.
3178, 3179, 3181; Pub. L. 104-275, title V, Sec. 505(c), Oct. 9,
1996, 110 Stat. 3342; Pub. L. 105-33, title VIII, Secs. 8021(a)(1),
8023(b)(1), (2), Aug. 5, 1997, 111 Stat. 664, 667; Pub. L. 105-114,
title II, Sec. 209(a), title IV, Sec. 402(a), Nov. 21, 1997, 111
Stat. 2290, 2294; Pub. L. 105-368, title I, Sec. 102(a), title X,
Sec. 1005(b)(3), Nov. 11, 1998, 112 Stat. 3321, 3365; Pub. L. 106-
117, title I, Secs. 101(f), 112(1), title II, Sec. 201(b), Nov.
30, 1999, 113 Stat. 1550, 1556, 1561; Pub. L. 106-419, title II,
Sec. 224(b), Nov. 1, 2000, 114 Stat. 1846; Pub. L. 107-135, title
II, Secs. 202(b), 209(a), 211, Jan. 23, 2002, 115 Stat. 2457, 2464,
2465; Pub. L. 107-330, title III, Sec. 308(g)(6), Dec. 6, 2002, 116
Stat. 2829; Pub. L. 108-170, title I, Sec. 102, Dec. 6, 2003, 117
Stat. 2044; Pub. L. 109-444, Sec. 2(a), Dec. 21, 2006, 120 Stat.
3304; Pub. L. 109-461, title II, Sec. 211(a)(3)(B), title X, Secs.
1003, 1006(b), Dec. 22, 2006, 120 Stat. 3419, 3465, 3468; Pub. L.
110-161, div. I, title II, Sec. 231, Dec. 26, 2007, 121 Stat. 2273;
Pub. L. 110-181, div. A, title XVII, Sec. 1707, Jan. 28, 2008, 122
Stat. 493; Pub. L. 110-329, div. E, title II, Sec. 224, Sept. 30,
2008, 122 Stat. 3713; Pub. L. 110-387, title IV, Sec. 409, title
VIII, Secs. 803, 804(a), Oct. 10, 2008, 122 Stat. 4130, 4141; Pub.
L. 111-163, title V, Secs. 513, 517, May 5, 2010, 124 Stat. 1164,
1167.)
-REFTEXT-
REFERENCES IN TEXT
Section 3 of the Agent Orange Act of 1991, referred to in subsec.
(e)(2)(A)(ii), is section 3 of Pub. L. 102-4, which is set out as a
note under section 1116 of this title.
The date of the enactment of the National Defense Authorization
Act for Fiscal Year 2008, referred to in subsec. (e)(3), is the
date of enactment of Pub. L. 110-181, which was approved Jan. 28,
2008.
-COD-
CODIFICATION
The text of subsec. (f) of section 1712 of this title, which was
transferred to this section, redesignated subsec. (g), and amended
by Pub. L. 104-262, Sec. 101(b)(2), was based on Pub. L. 86-639,
Sec. 1, July 12, 1960, 74 Stat. 472; Pub. L. 91-102, Oct. 30, 1969,
83 Stat. 168; Pub. L. 93-82, title I, Sec. 103(a), Aug. 2, 1973, 87
Stat. 180; Pub. L. 94-581, title I, Sec. 103(a)(3)-(7), title II,
Sec. 202(f)(2), Oct. 21, 1976, 90 Stat. 2844, 2856; Pub. L. 96-22,
title I, Sec. 102(b), June 13, 1979, 93 Stat. 47; Pub. L. 97-37,
Sec. 5(b), Aug. 14, 1981, 95 Stat. 937; Pub. L. 97-72, title I,
Sec. 103(b)(2), Nov. 3, 1981, 95 Stat. 1049; Pub. L. 97-295, Sec.
4(17)(C), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 99-166, title I,
Sec. 104, Dec. 3, 1985, 99 Stat. 944; Pub. L. 99-272, title XIX,
Sec. 19011(b)(2), Apr. 7, 1986, 100 Stat. 375; Pub. L. 99-576,
title II, Secs. 202(1), 237(b)(2), Oct. 28, 1986, 100 Stat. 3254,
3267; Pub. L. 100-322, title I, Sec. 101(e)(1), May 20, 1988, 102
Stat. 491; Pub. L. 101-508, title VIII, Sec. 8013(b), Nov. 5, 1990,
104 Stat. 1388-346; Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1),
(2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404-406.
-MISC1-
PRIOR PROVISIONS
A prior section 1710 was renumbered section 3510 of this title.
AMENDMENTS
2010 - Subsec. (e)(1)(C). Pub. L. 111-163, Sec. 513(2),
substituted "paragraph (2)" for "paragraphs (2) and (3)" and
inserted "between August 2, 1990, and November 11, 1998," after "on
active duty".
Subsec. (e)(3). Pub. L. 111-163, Sec. 513(1), substituted
"subsection (a)(2)(F)" for "subsection (a)(2)(F) - " in
introductory provisions, struck out subpar. (C) designation before
"in the case", redesignated cls. (i) and (ii) of former subpar. (C)
as subpars. (A) and (B), respectively, realigned margins, and
struck out former subpars. (A) and (B), which read as follows:
"(A) in the case of care for a veteran described in paragraph
(1)(A), after December 31, 2002;
"(B) in the case of care for a veteran described in paragraph
(1)(C), after December 31, 2002; and".
Subsec. (f)(2)(B). Pub. L. 111-163, Sec. 517, amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows: "before
September 30, 2010, an amount equal to $10 for every day the
veteran receives hospital care and $5 for every day the veteran
receives nursing home care."
2008 - Subsec. (e)(1)(E). Pub. L. 110-387, Sec. 803(b),
substituted "paragraph (2)" for "paragraphs (2) and (3)".
Subsec. (e)(3)(B). Pub. L. 110-387, Sec. 803(a)(1), inserted
"and" after the semicolon at end.
Subsec. (e)(3)(C). Pub. L. 110-387, Sec. 803(a)(2), substituted a
period at end for "; and".
Pub. L. 110-181 amended subpar. (C) generally. Prior to amendment
subpar. (C) read as follows: "in the case of care for a veteran
described in paragraph (1)(D), after a period of 2 years beginning
on the date of the veteran's discharge or release from active
military, naval, or air service; and".
Subsec. (e)(3)(D). Pub. L. 110-387, Sec. 803(a)(3), struck out
subpar. (D) which read as follows: "in the case of care for a
veteran described in paragraph (1)(E), after December 31, 2007".
Subsec. (f)(1). Pub. L. 110-387, Sec. 409(1), inserted "(except
if such care constitutes hospice care)" after "nursing home care".
Subsec. (f)(2)(B). Pub. L. 110-387, Sec. 804(a), which directed
substitution of "September 30, 2010" for "September 30, 2008", was
executed by making the substitution for "September 30, 2009" to
reflect the probable intent of Congress and the amendment by Pub.
L. 110-329. See below.
Pub. L. 110-329 substituted "September 30, 2009," for "September
30, 2008,".
Subsec. (g)(1). Pub. L. 110-387, Sec. 409(2), inserted "(except
if such care constitutes hospice care)" after "medical services".
2007 - Subsec. (f)(2)(B). Pub. L. 110-161 substituted "September
30, 2008," for "September 30, 2007,".
2006 - Subsec. (a)(4). Pub. L. 109-461, Sec. 211(a)(3)(B), struck
out "and" before "the requirement in section 1710B of this title"
and inserted ", and the requirement in section 1745 of this title
to provide nursing home care and prescription medicines to veterans
with service-connected disabilities in State homes" after "a
program of extended care services".
Subsec. (e)(3)(D). Pub. L. 109-461, Sec. 1006(b), provided that
as of the enactment of Pub. L. 109-461, the amendments made by Pub.
L. 109-444 were deemed for all purposes not to have taken effect
and that Pub. L. 109-444 ceased to be in effect. See Amendment
notes below and section 1006(b) of Pub. L. 109-461, set out as a
Coordination of Provisions With Pub. L. 109-444 note under section
101 of this title.
Pub. L. 109-461, Sec. 1003, substituted "December 31, 2007" for
"December 31, 2005".
Pub. L. 109-444, which substituted "December 31, 2007" for
"December 31, 2005", was terminated by Pub. L. 109-461, Sec.
1006(b). See Amendment notes above.
2003 - Subsec. (e)(1)(E). Pub. L. 108-170, Sec. 102(1), added
subpar. (E).
Subsec. (e)(2)(B). Pub. L. 108-170, Sec. 102(2), substituted
"subparagraph (C), (D), or (E) of paragraph (1)" for "paragraph
(1)(C) or (1)(D)" and "service or testing described in such
subparagraph" for "service described in that paragraph".
Subsec. (e)(3)(D). Pub. L. 108-170, Sec. 102(3), added subpar.
(D).
2002 - Subsec. (e)(1)(D). Pub. L. 107-330 substituted "November
11, 1998" for "the date of the enactment of this subparagraph".
Subsec. (e)(3)(B). Pub. L. 107-135, Sec. 211, substituted
"December 31, 2002" for "December 31, 2001".
Subsec. (f)(1). Pub. L. 107-135, Sec. 202(b)(1), inserted "or
(4)" after "paragraph (2)".
Subsec. (f)(2)(B). Pub. L. 107-135, Sec. 209(a), substituted
"September 30, 2007" for "September 30, 2002".
Subsec. (f)(4), (5). Pub. L. 107-135, Sec. 202(b)(2), (3), added
par. (4) and redesignated former par. (4) as (5).
2000 - Subsec. (a)(4). Pub. L. 106-419 inserted "the requirement
in section 1710A(a) of this title that the Secretary provide
nursing home care," after "medical services," and struck out comma
after "extended care services".
1999 - Subsec. (a)(1). Pub. L. 106-117, Sec. 101(f)(1), struck
out ", and may furnish nursing home care," after "medical services"
in introductory provisions.
Subsec. (a)(2)(A). Pub. L. 106-117, Sec. 101(f)(2), inserted "or,
with respect to nursing home care during any period during which
the provisions of section 1710A(a) of this title are in effect, a
compensable service-connected disability rated less than 70
percent" after "50 percent".
Subsec. (a)(2)(D). Pub. L. 106-117, Sec. 112(1), inserted "or who
was awarded the Purple Heart" after "former prisoner of war".
Subsec. (a)(4). Pub. L. 106-117, Sec. 101(f)(3), inserted ", and
the requirement in section 1710B of this title that the Secretary
provide a program of extended care services," after "medical
services".
Subsec. (a)(5). Pub. L. 106-117, Sec. 101(f)(4), added par. (5).
Subsec. (g)(1). Pub. L. 106-117, Sec. 201(b)(1), substituted "in
the case of each outpatient visit the applicable amount or amounts
established by the Secretary by regulation" for "the amount
determined under paragraph (2) of this subsection".
Subsec. (g)(2). Pub. L. 106-117, Sec. 201(b)(2), substituted
"which the Secretary shall establish by regulation." for "equal to
20 percent of the estimated average cost (during the calendar year
in which the services are furnished) of an outpatient visit in a
Department facility. Such estimated average cost shall be
determined by the Secretary."
1998 - Subsec. (e)(1)(D). Pub. L. 105-368, Sec. 102(a)(1), added
subpar. (D).
Subsec. (e)(2)(A)(ii). Pub. L. 105-368, Sec. 1005(b)(3),
substituted "section 3" for "section 2".
Subsec. (e)(2)(B). Pub. L. 105-368, Sec. 102(a)(2), inserted "or
(1)(D)" after "paragraph (1)(C)".
Subsec. (e)(3)(A). Pub. L. 105-368, Sec. 102(a)(3)(A), struck out
"and" at end.
Subsec. (e)(3)(B). Pub. L. 105-368, Sec. 102(a)(3)(B),
substituted "December 31, 2001; and" for "December 31, 1998."
Subsec. (e)(3)(C). Pub. L. 105-368, Sec. 102(a)(3)(C), added
subpar. (C).
Subsec. (e)(5). Pub. L. 105-368, Sec. 102(a)(4), added par. (5).
1997 - Subsec. (a)(2)(B). Pub. L. 105-114, Sec. 402(a), struck
out "compensable" before "disability".
Subsec. (a)(2)(F). Pub. L. 105-114, Sec. 209(a)(1), substituted
"other conditions" for "environmental hazard".
Subsec. (e)(1)(C). Pub. L. 105-114, Sec. 209(a)(2), substituted
"served" for "the Secretary finds may have been exposed while
serving" and "associated with such service" for "associated with
such exposure" and struck out "to a toxic substance or
environmental hazard" after "Persian Gulf War".
Subsec. (e)(2)(B). Pub. L. 105-114, Sec. 209(a)(3), substituted
"the service" for "an exposure".
Subsec. (f)(2)(B). Pub. L. 105-33, Sec. 8021(a)(1), inserted
"before September 30, 2002," after "(B)".
Subsec. (f)(4), (5). Pub. L. 105-33, Sec. 8023(b)(1),
redesignated par. (5) as (4) and struck out former par. (4) which
read as follows: "Amounts collected or received on behalf of the
United States under this subsection shall be deposited in the
Treasury as miscellaneous receipts."
Subsec. (g)(4). Pub. L. 105-33, Sec. 8023(b)(2), struck out par.
(4) which read as follows: "Amounts collected or received by the
Department under this subsection shall be deposited in the Treasury
as miscellaneous receipts."
1996 - Subsec. (a). Pub. L. 104-262, Sec. 101(a), amended subsec.
(a) generally, revising and restating provisions in former pars.
(1) to (3) relating to eligibility for care as pars. (1) to (4).
Subsec. (c)(1). Pub. L. 104-262, Sec. 101(d)(2), substituted
"section 1712(a)" for "section 1712(b)".
Subsec. (e)(1)(A), (B). Pub. L. 104-262, Sec. 102(a)(1), added
subpars. (A) and (B) and struck out former subpars. (A) and (B)
which read as follows:
"(A) Subject to paragraphs (2) and (3) of this subsection, a
veteran -
"(i) who served on active duty in the Republic of Vietnam
during the Vietnam era, and
"(ii) who the Secretary finds may have been exposed during such
service to dioxin or was exposed during such service to a toxic
substance found in a herbicide or defoliant used in connection
with military purposes during such era,
is eligible for hospital care and nursing home care under
subsection (a)(1)(G) of this section for any disability,
notwithstanding that there is insufficient medical evidence to
conclude that such disability may be associated with such exposure.
"(B) Subject to paragraphs (2) and (3) of this subsection, a
veteran who the Secretary finds was exposed while serving on active
duty to ionizing radiation from the detonation of a nuclear device
in connection with such veteran's participation in the test of such
a device or with the American occupation of Hiroshima and Nagasaki,
Japan, during the period beginning on September 11, 1945, and
ending on July 1, 1946, is eligible for hospital care and nursing
home care under subsection (a)(1)(G) of this section for any
disability, notwithstanding that there is insufficient medical
evidence to conclude that such disability may be associated with
such exposure."
Subsec. (e)(1)(C). Pub. L. 104-262, Sec. 101(d)(3), substituted
"hospital care, medical services, and nursing home care under
subsection (a)(2)(F)" for "hospital care and nursing home care
under subsection (a)(1)(G) of this section".
Subsec. (e)(2). Pub. L. 104-262, Sec. 102(a)(2), added par. (2)
and struck out former par. (2) which read as follows: "Hospital and
nursing home care may not be provided under subsection (a)(1)(G) of
this section with respect to a disability that is found, in
accordance with guidelines issued by the Under Secretary for
Health, to have resulted from a cause other than an exposure
described in subparagraph (A), (B), or (C) of paragraph (1) of this
subsection."
Subsec. (e)(3). Pub. L. 104-262, Sec. 102(a)(2), added par. (3)
and struck out former par. (3) which read as follows: "Hospital and
nursing home care and medical services may not be provided under or
by virtue of subsection (a)(1)(G) of this section after December
31, 1996."
Pub. L. 104-110 substituted "after December 31, 1996" for "after
June 30, 1995, or, in the case of care for a veteran described in
paragraph (1)(C), after December 31, 1995".
Subsec. (e)(4). Pub. L. 104-262, Sec. 102(a)(2), added par. (4).
Subsec. (e)(4)(A). Pub. L. 104-275 substituted "during the period
beginning on January 9, 1962, and ending on May 7, 1975," for
"during the Vietnam era," in cl. (i) and "such period" for "such
era" in cl. (ii).
Subsec. (f)(1). Pub. L. 104-262, Sec. 101(d)(4)(A), substituted
"subsection (a)(3)" for "subsection (a)(2)".
Subsec. (f)(3)(E). Pub. L. 104-262, Sec. 101(d)(4)(B),
substituted "paragraph (3) of subsection (a)" for "section 1712(a)
of this title" and "subsection (g)" for "section 1712(f) of this
title".
Subsec. (f)(3)(F). Pub. L. 104-262, Sec. 101(d)(4)(C),
substituted "subsection (g)" for "section 1712(f) of this title".
Subsec. (g). Pub. L. 104-262, Sec. 101(b)(2), redesignated
subsec. (f) of section 1712 of this title as subsec. (g) of this
section and substituted "subsection (a)(3) of this section" for
"section 1710(a)(2) of this title" in par. (1). See Codification
note above.
Pub. L. 104-262, Sec. 101(b)(1), redesignated subsec. (g) as (h).
Subsec. (h). Pub. L. 104-262, Sec. 101(b)(1), redesignated
subsec. (g) as (h).
1994 - Subsec. (e)(3). Pub. L. 103-452 substituted "June 30,
1995" for "June 30, 1994" and "December 31, 1995" for "December 31,
1994".
Subsec. (f)(3)(E). Pub. L. 103-446 substituted "section 1712(a)"
for "section 1712(f)" and "section 1712(f)" for "section
1712(f)(4)".
1993 - Subsec. (a)(1)(G). Pub. L. 103-210, Sec. 1(a)(1),
substituted "substance, radiation, or environmental hazard" for
"substance or radiation".
Subsec. (e)(1)(C). Pub. L. 103-210, Sec. 1(a)(2)(A), added
subpar. (C).
Subsec. (e)(2). Pub. L. 103-210, Sec. 1(a)(2)(B), substituted
"subparagraph (A), (B), or (C)" for "subparagraph (A) or (B)".
Subsec. (e)(3). Pub. L. 103-210, Sec. 2(a), substituted "June 30,
1994" for "December 31, 1993".
Pub. L. 103-210, Sec. 1(a)(2)(C), inserted before period at end
", or, in the case of care for a veteran described in paragraph
(1)(C), after December 31, 1994".
1992 - Subsec. (e)(2). Pub. L. 102-405 substituted "Under
Secretary for Health" for "Chief Medical Director".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 610 of this
title as this section.
Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "1151"
for "351" in subpar. (C) and "1722(a)" for "622(a)" in subpar. (I).
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in two places in introductory provisions.
Subsec. (a)(1)(H). Pub. L. 102-54 substituted "the Mexican border
period" for "the Spanish-American War, the Mexican border period,".
Subsec. (a)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted "1703"
for "603" and "1720" for "620".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" wherever appearing.
Subsec. (b)(2)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted
"1503" for "503" and "1521(d)" for "521(d)".
Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1712(b)"
for "612(b)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" wherever appearing.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" wherever appearing.
Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "1720" for
"620".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Subsec. (e)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in subpars. (A)(ii) and (B).
Subsec. (e)(3). Pub. L. 102-4 substituted "1993" for "1990".
Subsec. (f)(3)(E), (F). Pub. L. 102-83, Sec. 5(c)(1), substituted
"1712(f)" for "612(f)" and "1712(f)(4)" for "612(f)(4)" in subpar.
(E) and "1712(f)" for "612(f)" in subpar. (F).
Subsec. (g). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
1990 - Subsec. (a)(1)(I). Pub. L. 101-508, Sec. 8013(a)(1)(A),
substituted "section 622(a)" for "section 622(a)(1)".
Subsec. (a)(2). Pub. L. 101-508, Sec. 8013(a)(1)(B), added par.
(2) and struck out former par. (2) which read as follows:
"(A) To the extent that resources and facilities are available,
the Administrator may furnish hospital care and nursing home care
which the Administrator determines is needed to a veteran for a non-
service-connected disability if the veteran has an income level
described in section 622(a)(2) of this title.
"(B) In the case of a veteran who is not described in paragraph
(1) of this subsection or in subparagraph (A) of this paragraph,
the Administrator may furnish hospital care and nursing home care
which the Administrator determines is needed to the veteran for a
non-service-connected disability -
"(i) to the extent that resources and facilities are otherwise
available; and
"(ii) subject to the provisions of subsection (f) of this
section."
Subsec. (f)(1), (2). Pub. L. 101-508, Sec. 8013(a)(2)(A), added
pars. (1) and (2) and struck out former pars. (1) and (2) which
read as follows:
"(1) The Administrator may not furnish hospital care or nursing
home care under this section to a veteran who is eligible for such
care by reason of subsection (a)(2)(B) of this section unless the
veteran agrees to pay to the United States the applicable amount
determined under paragraph (2) of this subsection.
"(2) A veteran who is furnished hospital care or nursing home
care under this section and who is required under paragraph (1) of
this subsection to agree to pay an amount to the United States in
order to be furnished such care shall be liable to the United
States for an amount equal to the lesser of -
"(A) the cost of furnishing such care, as determined by the
Administrator; and
"(B) the amount determined under paragraph (3) of this
subsection."
Subsec. (f)(3)(A), (B). Pub. L. 101-508, Sec. 8013(a)(2)(B),
substituted "paragraph (2)(A)(ii)" for "paragraph (2)(B)".
1988 - Subsec. (b). Pub. L. 100-233 amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: "The
Administrator, within the limits of Veterans' Administration
facilities, may furnish domiciliary care to -
"(1) a veteran who was discharged or released from the active
military, naval, or air service for a disability incurred or
aggravated in line of duty, or a person who is in receipt of
disability compensation, when such person is suffering from a
permanent disability or tuberculosis or neuropsychiatric ailment
and is incapacitated from earning a living and has no adequate
means of support; and
"(2) a veteran who is in need of domiciliary care if such
veteran is unable to defray the expenses of necessary domiciliary
care."
Subsec. (e)(3). Pub. L. 100-687 substituted "December 31, 1990"
for "September 30, 1989".
1986 - Subsec. (a). Pub. L. 99-576, Sec. 237(a), inserted "who is
in receipt of, or" after "veteran" in par. (1)(C).
Pub. L. 99-272, Sec. 19011(a)(1), amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: "The
Administrator, within the limits of Veterans' Administration
facilities, may furnish hospital care or nursing home care which
the Administrator determines is needed to -
"(1)(A) any veteran for a service-connected disability; or
"(B) any veteran for a non-service-connected disability if such
veteran is unable to defray the expenses of necessary hospital or
nursing home care;
"(2) a veteran whose discharge or release from the active
military, naval, or air service was for a disability incurred or
aggravated in line of duty;
"(3) a person (A) who is in receipt of, or but for the receipt
of retirement pay would be entitled to, disability compensation,
or (B) who, but for a suspension pursuant to section 351 of this
title (or both such a suspension and the receipt of retired pay),
would be entitled to disability compensation, but only to the
extent that such person's continuing eligibility for such care is
provided for in the judgment or settlement described in such
section;
"(4) a veteran who is a former prisoner of war;
"(5) a veteran who meets the conditions of subsection (e) of
this section; and
"(6) any veteran for a non-service-connected disability if such
veteran is sixty-five years of age or older."
Subsec. (e)(1)(A), (B). Pub. L. 99-272, Sec. 19011(d)(3)(A),
substituted "is eligible for hospital care and nursing home care
under subsection (a)(1)(G)" for "may be furnished hospital care or
nursing home care under subsection (a)(5)".
Subsec. (e)(2), (3). Pub. L. 99-272, Sec. 19011(d)(3)(B),
substituted "subsection (a)(1)(G)" for "subsection (a)(5)".
Subsec. (f). Pub. L. 99-272, Sec. 19011(a)(2), added subsec. (f).
Subsec. (f)(3)(F). Pub. L. 99-576, Sec. 237(b)(1), added subpar.
(F).
Subsec. (g). Pub. L. 99-272, Sec. 19011(a)(2), added subsec. (g).
1985 - Subsec. (e)(3). Pub. L. 99-166 substituted "after
September 30, 1989" for "after the end of the one-year period
beginning on the date the Administrator submits to the appropriate
committees of Congress the first report required by section
307(b)(2) of the Veterans Health Programs Extension and Improvement
Act of 1979 (Public Law 96-151; 93 Stat. 1098)".
1983 - Subsec. (a)(3). Pub. L. 98-160 inserted "(A)" after "a
person" and, after "disability compensation", inserted "or (B) who,
but for a suspension pursuant to section 351 of this title (or both
such a suspension and the receipt of retired pay), would be
entitled to disability compensation, but only to the extent that
such person's continuing eligibility for such care is provided for
in the judgment or settlement described in such section".
1981 - Subsec. (a). Pub. L. 97-72, Sec. 102(a)(1), added cl. (5)
and redesignated former cl. (5) as (6).
Pub. L. 97-37 added cl. (4) and redesignated former cl. (4) as
(5).
Subsec. (e). Pub. L. 97-72, Sec. 102(a)(2), added subsec. (e).
1979 - Subsec. (c). Pub. L. 96-22 inserted provisions relating to
the furnishing of dental services and treatment and related dental
appliances for non-service-connected dental conditions or
disabilities of veterans.
1976 - Pub. L. 94-581, Sec. 202(d)(1), inserted ", nursing home,"
in section catchline.
Subsec. (a). Pub. L. 94-581, Secs. 202(d)(2), 210(a)(1)(A), (B),
substituted "the Administrator determines" for "he determines" in
provisions preceding par. (1) and substituted "such veteran" for
"he" and "necessary hospital or nursing home care" for "necessary
hospital care" in subpar. (B) of par. (1).
Subsec. (b)(1). Pub. L. 94-581, Sec. 210(a)(1)(C), substituted
"such person" for "he".
Subsec. (b)(2). Pub. L. 94-581, Secs. 202(d)(3), 210(a)(1)(B),
substituted "a veteran who is in need of domiciliary care if such
veteran" for "a veteran of any war or of service after January 31,
1955, who is in need of domiciliary care, if he".
Subsec. (c). Pub. L. 94-581, Sec. 210(a)(1)(B), substituted "for
which such veteran is hospitalized" for "for which he is
hospitalized".
Subsec. (d). Pub. L. 94-581, Sec. 202(d)(4), substituted "direct
jurisdiction" for "direct and exclusive jurisdiction".
1973 - Subsec. (a). Pub. L. 93-82, Sec. 102(1), (2), extended
authority of the Administrator to furnish nursing home care, and in
par. (1)(B), substituted "any veteran for a" for "a veteran of any
war or of service after January 31, 1955, for".
Subsec. (c). Pub. L. 93-82, Sec. 102(3), expanded provision
regarding medical services to include nursing home care and struck
out requirement that the Administrator make a determination in each
instance that the non-service-connected disability would be in the
veteran's interest, would not prolong his hospitalization, and,
would not interfere with the furnishing of hospital facilities to
other veterans.
Subsec. (d). Pub. L. 93-82, Sec. 102(4), added subsec. (d).
1970 - Subsec. (a). Pub. L. 91-500 added cl. (4).
1966 - Pub. L. 89-358 inserted "or of service after January 31,
1955," after "veteran of any war" in subsecs. (a)(1)(B) and (b)(2).
Subsec. (c). Pub. L. 89-785 added subsec. (c).
1962 - Subsec. (a)(1). Pub. L. 87-583 provided for hospital care
to any veteran for a service-connected disability instead of to a
veteran of any war for a service-connected disability incurred or
aggravated during a period of war in subpar. (A) and incorporated
existing provisions in subpar. (B).
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109-461, title II, Sec. 211(a)(5), Dec. 22, 2006, 120
Stat. 3419, provided that: "The amendments made by this subsection
[enacting section 1745 of this title and amending this section and
sections 1741 and 1745 of this title] shall take effect 90 days
after the date of the enactment of this Act [Dec. 22, 2006]."
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by section 202(b) of Pub. L. 107-135 effective Oct. 1,
2002, see section 202(c) of Pub. L. 107-135, set out as a note
under section 1705 of this title.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by section 101(f) of Pub. L. 106-117 effective Nov. 30,
1999, with provisions of subsec. (f) of this section not applicable
to any day of nursing home care on or after the effective date of
regulations under section 101(h)(2) of Pub. L. 106-117, see section
101(h) of Pub. L. 106-117, set out as an Effective Date note under
section 1710B of this title.
Pub. L. 106-117, title II, Sec. 201(c), as added by Pub. L. 106-
419, title II, Sec. 224(c), Nov. 1, 2000, 114 Stat. 1846, provided
that: "The amendments made by subsection (b) [amending this
section] shall apply with respect to medical services furnished
under section 1710(a) of title 38, United States Code, on or after
the effective date of the regulations prescribed by the Secretary
of Veterans Affairs to establish the amounts required to be
established under paragraphs (1) and (2) of section 1710(g) of that
title, as amended by subsection (b)."
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
712, 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]."
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.
EFFECTIVE DATE OF 1993 AMENDMENT
Section 1(c)(1) of Pub. L. 103-210 provided that: "The amendments
made by subsections (a) and (b) [amending this section and section
1712 of this title] shall take effect as of August 2, 1990."
EFFECTIVE DATE OF 1990 AMENDMENTS
Pub. L. 102-145, Sec. 111, Oct. 28, 1991, 105 Stat. 970, provided
that: "Notwithstanding any other provision of this joint resolution
or any other law, the amendments made by sections 8012 and 8013 of
the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508)
[enacting section 622A [now 1722A] of this title and amending this
section and sections 612 [now 1712] and 622 [now 1722] of this
title] shall remain in effect through the period covered by this
joint resolution [see section 106 of Pub. L. 102-145, 105 Stat.
970, as amended by Pub. L. 102-163, 105 Stat. 1048]."
Pub. L. 102-109, Sec. 111, Sept. 30, 1991, 105 Stat. 553,
provided that: "Notwithstanding any other provision of this joint
resolution or any other law, the amendments made by sections 8012
and 8013 of the Omnibus Budget Reconciliation Act of 1990 (Public
Law 101-508) [enacting section 622A [now 1722A] of this title and
amending this section and sections 612 [now 1712] and 622 [now
1722] of this title] shall remain in effect through the period
covered by this joint resolution [see section 106 of Pub. L. 102-
109, 105 Stat. 553]."
Section 8013(d) and (e) of Pub. L. 101-508, as amended by Pub. L.
102-139, title V, Sec. 518(b), Oct. 28, 1991, 105 Stat. 779; Pub.
L. 102-568, title VI, Sec. 606(b), Oct. 29, 1992, 106 Stat. 4343;
Pub. L. 103-66, title XII, Sec. 12002(a), Aug. 10, 1993, 107 Stat.
414; Pub. L. 105-33, title VIII, Sec. 8021(a)(2), Aug. 5, 1997, 111
Stat. 665, provided that:
"(d) Effective Date. - The amendments made by this section
[amending this section and sections 612 and 622 [now 1712 and 1722]
of this title] shall apply with respect to hospital care and
medical services received after October 31, 1990, or the date of
the enactment of this Act [Nov. 5, 1990], whichever is later.
"[(e) Repealed. Pub. L. 105-33, title VIII, Sec. 8021(a)(2), Aug.
5, 1997, 111 Stat. 665.]"
EFFECTIVE DATE OF 1986 AMENDMENTS
Section 237(c) of Pub. L. 99-576 provided that: "The amendments
made by this section [amending this section and section 612 [now
1712] of this title] shall take effect as of April 7, 1986."
Section 19011(f) of Pub. L. 99-272 provided that:
"(1) Except as provided in paragraph (2), the amendments made by
this section [amending this section and sections 525, 601, 612,
612A, 620, 622, and 663 [now 1525, 1701, 1712, 1712A, 1720, 1722,
and 1763] of this title and enacting provisions set out as notes
under this section and section 1722 of this title] shall apply to
hospital care, nursing home care, and medical services furnished on
or after July 1, 1986.
"(2)(A) The provisions of sections 610 and 622 [now 1710 and
1722] of title 38, United States Code, as in effect on the day
before the date of the enactment of this Act [Apr. 7, 1986], shall
apply with respect to hospital and nursing home care furnished on
or after July 1, 1986, to veterans furnished such care or services
on June 30, 1986, but only to the extent that such care is
furnished with respect to the same episode of care for which it was
furnished on June 30, 1986, as determined by the Administrator
pursuant to regulations which the Administrator shall prescribe.
"(B) During the months of July and August 1986, the Administrator
may, in order to continue a course of treatment begun before July
1, 1986, furnish medical services to a veteran on an ambulatory or
outpatient basis without regard to the amendments made by this
section.
"(C) For the purposes of this paragraph, the term 'episode of
care' means a period of consecutive days -
"(i) beginning with the first day on which a veteran is
furnished hospital or nursing home care; and
"(ii) ending on the day of the veteran's discharge from the
hospital or nursing home facility, as the case may be."
EFFECTIVE DATE OF 1981 AMENDMENT
Section 5(d) of Pub. L. 97-37 provided that: "The amendments made
by this section [amending this section and section 612 [now 1712]
of this title] shall take effect on October 1, 1981".
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-22 effective Oct. 1, 1979, see section
107 of Pub. L. 96-22, set out as a note under section 1701 of this
title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section
501 of Pub. L. 93-82, set out as a note under section 1701 of this
title.
SAVINGS PROVISION
Section 102(b) of Pub. L. 104-262 provided that: "The provisions
of sections 1710(e) and 1712(a) of title 38, United States Code, as
in effect on the day before the date of the enactment of this Act
[Oct. 9, 1996], shall continue to apply on and after such date with
respect to the furnishing of hospital care, nursing home care, and
medical services for any veteran who was furnished such care or
services before such date of enactment on the basis of presumed
exposure to a substance or radiation under the authority of those
provisions, but only for treatment for a disability for which such
care or services were furnished before such date."
SAVINGS PROVISION FOR PUB. L. 100-322
Section 102(c) of Pub. L. 100-322 provided that: "The amendment
made by subsection (a) [amending this section] shall not limit or
restrict the eligibility for domiciliary care of a veteran who was
a patient or a resident in a State home facility or a Veterans'
Administration domiciliary facility during the period beginning on
January 1, 1987, and ending on April 1, 1988."
PILOT PROGRAM ON ASSISTANCE FOR CHILD CARE FOR CERTAIN VETERANS
RECEIVING HEALTH CARE
Pub. L. 111-163, title II, Sec. 205, May 5, 2010, 124 Stat. 1144,
provided that:
"(a) Pilot Program Required. - The Secretary of Veterans Affairs
shall carry out a pilot program to assess the feasibility and
advisability of providing, subject to subsection (b), assistance to
qualified veterans described in subsection (c) to obtain child care
so that such veterans can receive health care services described in
subsection (c).
"(b) Limitation on Period of Payments. - Assistance may only be
provided to a qualified veteran under the pilot program for receipt
of child care during the period that the qualified veteran -
"(1) receives the types of health care services described in
subsection (c) at a facility of the Department; and
"(2) requires travel to and return from such facility for the
receipt of such health care services.
"(c) Qualified Veterans. - For purposes of this section, a
qualified veteran is a veteran who is -
"(1) the primary caretaker of a child or children; and
"(2)(A) receiving from the Department -
"(i) regular mental health care services;
"(ii) intensive mental health care services; or
"(iii) such other intensive health care services that the
Secretary determines that provision of assistance to the
veteran to obtain child care would improve access to such
health care services by the veteran; or
"(B) in need of regular or intensive mental health care
services from the Department, and but for lack of child care
services, would receive such health care services from the
Department.
"(d) Locations. - The Secretary shall carry out the pilot program
in no fewer than three Veterans Integrated Service Networks
selected by the Secretary for purposes of the pilot program.
"(e) Duration. - The pilot program shall be carried out during
the 2-year period beginning on the date of the commencement of the
pilot program.
"(f) Forms of Child Care Assistance. -
"(1) In general. - Child care assistance under this section may
include the following:
"(A) Stipends for the payment of child care offered by
licensed child care centers (either directly or through a
voucher program) which shall be, to the extent practicable,
modeled after the Department of Veterans Affairs Child Care
Subsidy Program established pursuant to section 630 of the
Treasury and General Government Appropriations Act, 2002
(Public Law 107-67; 115 Stat. 552) [now 40 U.S.C. 590(g)].
"(B) Direct provision of child care at an on-site facility of
the Department of Veterans Affairs.
"(C) Payments to private child care agencies.
"(D) Collaboration with facilities or programs of other
Federal departments or agencies.
"(E) Such other forms of assistance as the Secretary
considers appropriate.
"(2) Amounts of stipends. - In the case that child care
assistance under this section is provided as a stipend under
paragraph (1)(A), such stipend shall cover the full cost of such
child care.
"(g) Report. - Not later than 6 months after the completion of
the pilot program, the Secretary shall submit to Congress a report
on the pilot program. The report shall include the findings and
conclusions of the Secretary as a result of the pilot program, and
shall include such recommendations for the continuation or
expansion of the pilot program as the Secretary considers
appropriate.
"(h) Authorization of Appropriations. - There is authorized to be
appropriated to the Secretary of Veterans Affairs to carry out the
pilot program $1,500,000 for each of fiscal years 2010 and 2011."
GRANTS FOR VETERANS SERVICE ORGANIZATIONS FOR TRANSPORTATION OF
HIGHLY RURAL VETERANS
Pub. L. 111-163, title III, Sec. 307, May 5, 2010, 124 Stat.
1154, provided that:
"(a) Grants Authorized. -
"(1) In general. - The Secretary of Veterans Affairs shall
establish a grant program to provide innovative transportation
options to veterans in highly rural areas.
"(2) Eligible recipients. - The following may be awarded a
grant under this section:
"(A) State veterans service agencies.
"(B) Veterans service organizations.
"(3) Use of funds. - A State veterans service agency or
veterans service organization awarded a grant under this section
may use the grant amount to -
"(A) assist veterans in highly rural areas to travel to
Department of Veterans Affairs medical centers; and
"(B) otherwise assist in providing transportation in
connection with the provision of medical care to veterans in
highly rural areas.
"(4) Maximum amount. - The amount of a grant under this section
may not exceed $50,000.
"(5) No matching requirement. - The recipient of a grant under
this section shall not be required to provide matching funds as a
condition for receiving such grant.
"(b) Regulations. - The Secretary shall prescribe regulations for
-
"(1) evaluating grant applications under this section; and
"(2) otherwise administering the program established by this
section.
"(c) Definitions. - In this section:
"(1) Highly rural. - The term 'highly rural', in the case of an
area, means that the area consists of a county or counties having
a population of less than seven persons per square mile.
"(2) Veterans service organization. - The term 'veterans
service organization' means any organization recognized by the
Secretary of Veterans Affairs for the representation of veterans
under section 5902 of title 38, United States Code.
"(d) Authorization of Appropriations. - There is authorized to be
appropriated $3,000,000 for each of fiscal years 2010 through 2014
to carry out this section."
CONTINUATION OF AUTHORITY
Pub. L. 110-92, Sec. 161, as added by Pub. L. 110-149, Sec. 2,
Dec. 21, 2007, 121 Stat. 1819, provided that: "Notwithstanding
section 106 [121 Stat. 990], the authority to provide care and
services under section 1710(e)(1)(E) of title 38, United States
Code, shall continue in effect through September 30, 2008."
PERSONAL EMERGENCY RESPONSE SYSTEM FOR VETERANS WITH
SERVICE-CONNECTED DISABILITIES
Pub. L. 107-135, title II, Sec. 210, Jan. 23, 2002, 115 Stat.
2464, provided that:
"(a) Evaluation and Study. - The Secretary of Veterans Affairs
shall carry out an evaluation and study of the feasibility and
desirability of providing a personal emergency response system to
veterans who have service-connected disabilities. The evaluation
and study shall be commenced not later than 60 days after the date
of the enactment of this Act [Jan. 23, 2002].
"(b) Report. - Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Veterans' Affairs of the Senate and House of Representatives a
report on the evaluation and study under subsection (a). The
Secretary shall include in the report the Secretary's findings
resulting from the evaluation and study and the Secretary's
conclusion as to whether the Department of Veterans Affairs should
provide a personal emergency response system to veterans with
service-connected disabilities.
"(c) Authority To Provide System. - If the Secretary concludes in
the report under subsection (b) that a personal emergency response
system should be provided by the Department of Veterans Affairs to
veterans with service-connected disabilities -
"(1) the Secretary may provide such a system, without charge,
to any veteran with a service-connected disability who is
enrolled under section 1705 of title 38, United States Code, and
who submits an application for such a system under subsection
(d); and
"(2) the Secretary may contract with one or more vendors to
furnish such a system.
"(d) Application. - A personal emergency response system may be
provided to a veteran under subsection (c)(1) only upon the
submission by the veteran of an application for the system. Any
such application shall be in such form and manner as the Secretary
may require.
"(e) Definition. - For purposes of this section, the term
'personal emergency response system' means a device -
"(1) that can be activated by an individual who is experiencing
a medical emergency to notify appropriate emergency medical
personnel that the individual is experiencing a medical
emergency; and
"(2) that provides the individual's location through a Global
Positioning System indicator."
CHIROPRACTIC TREATMENT
Pub. L. 107-135, title II, Sec. 204, Jan. 23, 2002, 115 Stat.
2459, provided that:
"(a) Requirement for Program. - Subject to the provisions of this
section, the Secretary of Veterans Affairs shall carry out a
program to provide chiropractic care and services to veterans
through Department of Veterans Affairs medical centers and clinics.
"(b) Eligible Veterans. - Veterans eligible to receive
chiropractic care and services under the program are veterans who
are enrolled in the system of patient enrollment under section 1705
of title 38, United States Code.
"(c) Location of Program. - The program shall be carried out at
sites designated by the Secretary for purposes of the program. The
Secretary shall designate at least one site for such program in
each geographic service area of the Veterans Health Administration.
The sites so designated shall be medical centers and clinics
located in urban areas and in rural areas.
"(d) Care and Services Available. - The chiropractic care and
services available under the program shall include a variety of
chiropractic care and services for neuro-musculoskeletal
conditions, including subluxation complex.
"(e) Other Administrative Matters. - (1) The Secretary shall
carry out the program through personal service contracts and by
appointment of licensed chiropractors in Department medical centers
and clinics.
"(2) As part of the program, the Secretary shall provide training
and materials relating to chiropractic care and services to
Department health care providers assigned to primary care teams for
the purpose of familiarizing such providers with the benefits of
chiropractic care and services.
"(f) Regulations. - The Secretary shall prescribe regulations to
carry out this section.
"(g) Chiropractic Advisory Committee. - (1) The Secretary shall
establish an advisory committee to provide direct assistance and
advice to the Secretary in the development and implementation of
the chiropractic health program.
"(2) The membership of the advisory committee shall include
members of the chiropractic care profession and such other members
as the Secretary considers appropriate.
"(3) Matters on which the advisory committee shall assist and
advise the Secretary shall include the following:
"(A) Protocols governing referral to chiropractors.
"(B) Protocols governing direct access to chiropractic care.
"(C) Protocols governing scope of practice of chiropractic
practitioners.
"(D) Definition of services to be provided.
"(E) Such other matters the Secretary determines to be
appropriate.
"(4) The advisory committee shall cease to exist on December 31,
2004."
Pub. L. 106-117, title III, Sec. 303, Nov. 30, 1999, 113 Stat.
1572, provided that:
"(a) Establishment of Program. - Not later than 120 days after
the date of the enactment of this Act [Nov. 30, 1999], the Under
Secretary for Health of the Department of Veterans Affairs, after
consultation with chiropractors, shall establish a policy for the
Veterans Health Administration regarding the role of chiropractic
treatment in the care of veterans under chapter 17 of title 38,
United States Code.
"(b) Definitions. - For purposes of this section:
"(1) The term 'chiropractic treatment' means the manual
manipulation of the spine performed by a chiropractor for the
treatment of such musculo-skeletal conditions as the Secretary
considers appropriate.
"(2) The term 'chiropractor' means an individual who -
"(A) is licensed to practice chiropractic in the State in
which the individual performs chiropractic services; and
"(B) holds the degree of doctor of chiropractic from a
chiropractic college accredited by the Council on Chiropractic
Education."
IMPLEMENTATION REPORT
Pub. L. 105-368, title I, Sec. 102(b), Nov. 11, 1998, 112 Stat.
3322, provided that: "Not later than October 1, 1999, the Secretary
of Veterans Affairs shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report on the
Secretary's plan for establishing and operating the system for
collection and analysis of information required by paragraph (5) of
section 1710(e) of title 38, United States Code, as added by
subsection (a)(4) [amending this section]."
DEMONSTRATION PROJECTS FOR TREATMENT OF PERSIAN GULF ILLNESS
Section 209(b) of Pub. L. 105-114 provided that:
"(1) The Secretary of Veterans Affairs shall carry out a program
of demonstration projects to test new approaches to treating, and
improving the satisfaction with such treatment of, Persian Gulf
veterans who suffer from undiagnosed and ill-defined disabilities.
The program shall be established not later than July 1, 1998, and
shall be carried out at up to 10 geographically dispersed medical
centers of the Department of Veterans Affairs.
"(2) At least one of each of the following models shall be used
at no less than two of the demonstration projects:
"(A) A specialized clinic which serves Persian Gulf veterans.
"(B) Multidisciplinary treatment aimed at managing symptoms.
"(C) Use of case managers.
"(3) A demonstration project under this subsection may be
undertaken in conjunction with another funding entity, including
agreements under section 8111 of title 38, United States Code.
"(4) The Secretary shall make available from appropriated funds
(which have been retained for contingent funding) $5,000,000 to
carry out the demonstration projects.
"(5) The Secretary may not approve a medical center as a location
for a demonstration project under this subsection unless a peer
review panel has determined that the proposal submitted by that
medical center is among those proposals that have met the highest
competitive standards of clinical merit and the Secretary has
determined that the facility has the ability to -
"(A) attract the participation of clinicians of outstanding
caliber and innovation to the project; and
"(B) effectively evaluate the activities of the project.
"(6) In determining which medical centers to select as locations
for demonstration projects under this subsection, the Secretary
shall give special priority to medical centers that have
demonstrated a capability to compete successfully for extramural
funding support for research into the effectiveness and cost-
effectiveness of the care provided under the demonstration
project."
PATIENT PRIVACY FOR WOMEN PATIENTS
Section 322 of Pub. L. 104-262 provided that:
"(a) Identification of Deficiencies. - The Secretary of Veterans
Affairs shall conduct a survey of each medical center under the
jurisdiction of the Secretary to identify deficiencies relating to
patient privacy afforded to women patients in the clinical areas at
each such center which may interfere with appropriate treatment of
such patients.
"(b) Correction of Deficiencies. - The Secretary shall ensure
that plans and, where appropriate, interim steps to correct the
deficiencies identified in the survey conducted under subsection
(a) are developed and are incorporated into the Department's
construction planning processes and, in cases in which it is cost-
effective to do so, are given a high priority.
"(c) Reports to Congress. - The Secretary shall compile an annual
inventory, by medical center, of deficiencies identified under
subsection (a) and of plans and, where appropriate, interim steps,
to correct such deficiencies. The Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives, not later than October 1, 1997, and not later than
October 1 each year thereafter through 1999 a report on such
deficiencies. The Secretary shall include in such report the
inventory compiled by the Secretary, the proposed corrective plans,
and the status of such plans."
HOSPICE CARE STUDY
Section 341 of Pub. L. 104-262 provided that:
"(a) Study Required. - The Secretary of Veterans Affairs shall
conduct a research study to determine the desirability of the
Secretary furnishing hospice care to terminally ill veterans and to
evaluate the most cost-effective and efficient way to do so. The
Secretary shall carry out the study using resources and personnel
of the Department.
"(b) Conduct of Study. - In carrying out the study required by
subsection (a), the Secretary shall -
"(1) evaluate the programs, and the program models, through
which the Secretary furnishes hospice care services within or
through facilities of the Department of Veterans Affairs and the
programs and program models through which non-Department
facilities provide such services;
"(2) assess the satisfaction of patients, and family members of
patients, in each of the program models covered by paragraph (1);
"(3) compare the costs (or range of costs) of providing care
through each of the program models covered by paragraph (1); and
"(4) identify any barriers to providing, procuring, or
coordinating hospice services through any of the program models
covered by paragraph (1).
"(c) Program Models. - For purposes of subsection (b)(1), the
Secretary shall evaluate a variety of types of models for delivery
of hospice care, including the following:
"(1) Direct furnishing of full hospice care by the Secretary.
"(2) Direct furnishing of some hospice services by the
Secretary.
"(3) Contracting by the Secretary for the furnishing of hospice
care, with a commitment that the Secretary will provide any
further required hospital care for the patient.
"(4) Contracting for all required care to be furnished outside
the Department.
"(5) Referral of the patient for hospice care without a
contract.
"(d) Report. - Not later than April 1, 1998, the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report on the research study. The report
shall set forth the Secretary's findings and recommendations. The
Secretary shall include in the report information on the extent to
which the Secretary advises veterans concerning their eligibility
for hospice care and information on the number of veterans (as of
the time of the report) who are in each model of hospice care
described in subsection (c) and the average cost per patient of
hospice care for each such model."
RATIFICATION OF ACTIONS DURING PERIOD OF EXPIRED AUTHORITY
Pub. L. 106-419, title II, Sec. 224(d), Nov. 1, 2000, 114 Stat.
1846, provided that: "Any action taken by the Secretary of Veterans
Affairs under section 1710(g) of title 38, United States Code,
during the period beginning on November 30, 1999, and ending on the
date of the enactment of this Act [Nov. 1, 2000] is hereby
ratified."
Section 103 of title I of Pub. L. 104-110 provided that: "Any
action taken by the Secretary of Veterans Affairs before the date
of the enactment of this Act [Feb. 13, 1996] under a provision of
law amended by this title [amending this section, sections 1712,
1720A, 1720C, 3703, 3710, 3720, 3731, 3735, 7451, 7618, and 8169 of
this title, sections 11448 and 11450 of Title 42, The Public Health
and Welfare, and provisions set out as notes under sections 1712,
1718, and 7721 of this title] that was taken during the period
beginning on the date on which the authority of the Secretary under
that provision of law expired and ending on the date of the
enactment of this Act shall be considered to have the same force
and effect as if the amendment to that provision of law made by
this title had been in effect at the time of that action."
Section 105 of Pub. L. 103-452 provided that: "Any action of the
Secretary of Veterans Affairs under section 1710(e) of title 38,
United States Code, during the period beginning on July 1, 1994,
and ending on the date of the enactment of this Act [Nov. 2, 1994]
is hereby ratified."
REIMBURSEMENT FOR HOSPITAL, NURSING HOME OR OUTPATIENT SERVICES
EXPENSES
Section 1(c)(2) of Pub. L. 103-210 directed Secretary of Veterans
Affairs, on request, to reimburse any veteran who paid the United
States an amount under 38 U.S.C. 1710(f) or 1712(f) for hospital
care, nursing home care, or outpatient services furnished by the
Secretary to the veteran before Dec. 20, 1993, on the basis of a
finding that the veteran may have been exposed to a toxic substance
or environmental hazard during the Persian Gulf War, with amount of
reimbursement to be amount that was paid by the veteran for such
care or services.
HEALTH CARE SERVICES FOR WOMEN
Pub. L. 102-585, title I, Sec. 106, Nov. 4, 1992, 106 Stat. 4947,
provided that:
"(a) General Authority. - In furnishing hospital care and medical
services under chapter 17 of title 38, United States Code, the
Secretary of Veterans Affairs may provide to women the following
health care services:
"(1) Papanicolaou tests (pap smears).
"(2) Breast examinations and mammography.
"(3) General reproductive health care, including the management
of menopause, but not including under this section infertility
services, abortions, or pregnancy care (including prenatal and
delivery care), except for such care relating to a pregnancy that
is complicated or in which the risks of complication are
increased by a service-connected condition.
"(b) Responsibilities of Directors of Facilities. - The Secretary
shall ensure that directors of medical facilities of the Department
identify and assess opportunities under the authority provided in
title II of this Act [38 U.S.C. 8111 note] to (1) expand the
availability of, and access to, health care services for women
veterans under sections 1710 and 1712 of title 38, United States
Code, and (2) provide counseling, care, and services authorized by
this title [see Short Title of 1992 Amendment note set out under
section 101 of this title]."
REPORT ON HEALTH CARE AND RESEARCH
Pub. L. 102-585, title I, Sec. 107, Nov. 4, 1992, 106 Stat. 4947,
as amended by Pub. L. 104-262, title III, Sec. 324, Oct. 9, 1996,
110 Stat. 3197, provided that:
"(a) In general. - Not later than January 1 of 1993 and each year
thereafter through 1998, the Secretary of Veterans Affairs shall
submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report on the provision of health care
services and the conduct of research carried out by, or under the
jurisdiction of, the Secretary relating to women veterans.
"(b) Contents. - The report under subsection (a) shall include
the following information with respect to the most recent fiscal
year before the date of the report:
"(1) The number of women veterans who have received services
described in section 106 of this Act [set out as a note above] in
facilities under the jurisdiction of the Secretary (or the
Secretary of Defense), shown by reference to the Department
facility which provided (or, in the case of Department of Defense
facilities, arranged) those services;
"(2) A description of (A) the services provided at each such
facility (including information on the number of inpatient stays
and the number of outpatient visits through which such services
were provided), and (B) the extent to which each such facility
relies on contractual arrangements under section 1703 or 8153 of
title 38, United States Code, to furnish care to women veterans
in facilities which are not under the jurisdiction of the
Secretary where the provision of such care is not furnished in a
medical emergency.
"(3) The steps taken by each such facility to expand the
provision of services at such facility (or under arrangements
with a Department of Defense facility) to women veterans.
"(4) A description (as of October 1 of the year preceding the
year in which the report is submitted) of the status of any
research relating to women veterans being carried out by or under
the jurisdiction of the Secretary, including research under
section 109 of this Act [former 38 U.S.C. 7303 note].
"(5) A description of the actions taken by the Secretary to
foster and encourage the expansion of such research."
COORDINATION OF WOMEN'S SERVICES
Pub. L. 102-585, title I, Sec. 108, Nov. 4, 1992, 106 Stat. 4948,
provided that: "The Secretary of Veterans Affairs shall ensure that
an official in each regional office of the Veterans Health
Administration shall serve as a coordinator of women's services.
The responsibilities of such official shall include the following:
"(1) Conducting periodic assessments of the needs for services
of women veterans within such region.
"(2) Planning to meet such needs.
"(3) Assisting in carrying out the purposes of section 106(b)
of this title [set out above].
"(4) Coordinating the training of women veterans coordinators
who are assigned to Department facilities in the region under the
jurisdiction of such regional coordinator.
"(5) Providing appropriate technical support and guidance to
Department facilities in that region with respect to outreach
activities to women veterans."
POPULATION STUDY OF WOMEN VETERANS
Pub. L. 102-585, title I, Sec. 110, Nov. 4, 1992, 106 Stat. 4948,
as amended by Pub. L. 103-452, title I, Sec. 102(c), Nov. 2, 1994,
108 Stat. 4786, directed Secretary of Veterans Affairs, in
consultation with Advisory Committee on Women Veterans, to conduct
a study to determine needs of veterans who are women for health-
care services, based on an appropriate sample of veterans who are
women, and to submit to Congress, not later than 9 months after
Nov. 4, 1992, an interim report describing information and advice
obtained from Advisory Committee and status of study, and to
submit, not later than Dec. 31, 1995, a final report describing
results of study.
DEMONSTRATION PROJECT TO EVALUATE INSTALLATION OF TELEPHONES FOR
PATIENT USE AT DEPARTMENT OF VETERANS AFFAIRS HEALTH-CARE
FACILITIES
Pub. L. 102-585, title V, Sec. 525, Nov. 4, 1992, 106 Stat. 4960,
directed Secretary of Veterans Affairs to carry out a demonstration
project to evaluate feasibility and desirability of providing
telephone service in patient rooms in Department of Veterans
Affairs health-care facilities which do not currently provide such
service, use of telephones by patients of such health-care
facilities, and relative feasibility and cost-effectiveness of a
variety of options for providing such service, and submit to
Congress a report on the demonstration project not later than Sept.
30, 1994.
REPORTS ON FURNISHING OF HEALTH CARE AND IMPLEMENTATION OF CHANGES
IN ELIGIBILITY
Section 19011(e) of Pub. L. 99-272, as amended by Pub. L. 100-
527, Sec. 10(1), (2), Oct. 25, 1988, 102 Stat. 2640, 2641; Pub. L.
101-237, title II, Sec. 201(d), Dec. 18, 1989, 103 Stat. 2066; Pub.
L. 102-40, title III, Sec. 302, May 7, 1991, 105 Stat. 208; Pub. L.
102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-291,
Sec. 4, May 20, 1992, 106 Stat. 179, directed Administrator of
Veterans Affairs to submit to Congress a report for each fiscal
year through fiscal year 1992 concerning implementation of the
amendments made by section 19011 of Pub. L. 99-272, which amended
this section and sections 1525, 1701, 1712, 1712A, 1720, 1722, and
1763 of this title and enacted provisions set out as notes under
this section and section 1722 of this title, specified detailed
information required to be submitted in each report, and provided
that each report be submitted not later than the Feb. 1 following
the end of the fiscal year for which it is submitted.
CHIROPRACTIC SERVICES PILOT PROGRAM
Section 109 of Pub. L. 99-166 directed Administrator of Veterans'
Affairs to conduct a pilot program to evaluate therapeutic benefits
and cost-effectiveness of furnishing certain chiropractic services
to veterans eligible for medical services under this chapter,
provided that the pilot program be carried out during period
beginning Jan. 1, 1986, and ending Dec. 31, 1988, and directed
Administrator to submit to Committees on Veterans' Affairs of
Senate and House of Representatives not later than Apr. 1, 1989, a
report on implementation, operation, and results of the pilot
program.
-End-
-CITE-
38 USC Sec. 1710A 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1710A. Required nursing home care
-STATUTE-
(a) The Secretary (subject to section 1710(a)(4) of this title)
shall provide nursing home care which the Secretary determines is
needed (1) to any veteran in need of such care for a service-
connected disability, and (2) to any veteran who is in need of
such care and who has a service-connected disability rated at 70
percent or more.
(b)(1) The Secretary shall ensure that a veteran described in
subsection (a) who continues to need nursing home care is not,
after placement in a Department nursing home, transferred from the
facility without the consent of the veteran, or, in the event the
veteran cannot provide informed consent, the representative of the
veteran.
(2) Nothing in subsection (a) may be construed as authorizing or
requiring that a veteran who is receiving nursing home care in a
Department nursing home on the date of the enactment of this
section be displaced, transferred, or discharged from the facility.
(c) The Secretary shall ensure that nursing home care provided
under subsection (a) is provided in an age-appropriate manner.
(d) The provisions of subsection (a) shall terminate on December
31, 2013.
-SOURCE-
(Added Pub. L. 106-117, title I, Sec. 101(a)(1), Nov. 30, 1999, 113
Stat. 1547; amended Pub. L. 106-419, title II, Sec. 224(a), Nov. 1,
2000, 114 Stat. 1846; Pub. L. 108-170, title I, Sec. 106(b), Dec.
6, 2003, 117 Stat. 2046; Pub. L. 110-181, div. A, title XVII, Sec.
1706(b), Jan. 28, 2008, 122 Stat. 493; Pub. L. 110-387, title VIII,
Sec. 805, Oct. 10, 2008, 122 Stat. 4141.)
-REFTEXT-
REFERENCES IN TEXT
The date of the enactment of this section, referred to in subsec.
(b)(2), is the date of enactment of Pub. L. 106-117, which was
approved Nov. 30, 1999.
-MISC1-
AMENDMENTS
2008 - Subsec. (c). Pub. L. 110-181 added subsec. (c). Former
subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 110-387 substituted "December 31, 2013" for
"December 31, 2008".
Pub. L. 110-181 redesignated former subsec. (c) as (d).
2003 - Subsec. (c). Pub. L. 108-170 substituted "December 31,
2008" for "December 31, 2003".
2000 - Subsec. (a). Pub. L. 106-419 inserted "(subject to section
1710(a)(4) of this title)" after "The Secretary".
FINDING RELATED TO AGE-APPROPRIATE NURSING HOME CARE
Pub. L. 110-181, div. A, title XVII, Sec. 1706(a), Jan. 28, 2008,
122 Stat. 493, provided that: "Congress finds that young veterans
who are injured or disabled through military service and require
long-term care should have access to age-appropriate nursing home
care."
REPORT TO CONGRESSIONAL COMMITTEES
Pub. L. 106-117, title I, Sec. 101(i), Nov. 30, 1999, 113 Stat.
1550, required the Secretary of Veterans Affairs to submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the operation of section 101 of Pub. L.
106-117 not later than January 1, 2003.
-End-
-CITE-
38 USC Sec. 1710B 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1710B. Extended care services
-STATUTE-
(a) The Secretary (subject to section 1710(a)(4) of this title
and subsection (c) of this section) shall operate and maintain a
program to provide extended care services to eligible veterans in
accordance with this section. Such services shall include the
following:
(1) Geriatric evaluation.
(2) Nursing home care (A) in facilities operated by the
Secretary, and (B) in community-based facilities through
contracts under section 1720 of this title.
(3) Domiciliary services under section 1710(b) of this title.
(4) Adult day health care under section 1720(f) of this title.
(5) Such other noninstitutional alternatives to nursing home
care as the Secretary may furnish as medical services under
section 1701(10) (!1) of this title.
(6) Respite care under section 1720B of this title.
(b) The Secretary shall ensure that the staffing and level of
extended care services provided by the Secretary nationally in
facilities of the Department during any fiscal year is not less
than the staffing and level of such services provided nationally in
facilities of the Department during fiscal year 1998.
(c)(1) Except as provided in paragraph (2), the Secretary may not
furnish extended care services for a non-service-connected
disability other than in the case of a veteran who has a
compensable service-connected disability unless the veteran agrees
to pay to the United States a copayment (determined in accordance
with subsection (d)) for any period of such services in a year
after the first 21 days of such services provided that veteran in
that year.
(2) Paragraph (1) shall not apply -
(A) to a veteran whose annual income (determined under section
1503 of this title) is less than the amount in effect under
section 1521(b) of this title;
(B) to a veteran being furnished hospice care under this
section; or
(C) with respect to an episode of extended care services that a
veteran is being furnished by the Department on November 30,
1999.
(d)(1) A veteran who is furnished extended care services under
this chapter and who is required under subsection (c) to pay an
amount to the United States in order to be furnished such services
shall be liable to the United States for that amount.
(2) In implementing subsection (c), the Secretary shall develop a
methodology for establishing the amount of the copayment for which
a veteran described in subsection (c) is liable. That methodology
shall provide for -
(A) establishing a maximum monthly copayment (based on all
income and assets of the veteran and the spouse of such veteran);
(B) protecting the spouse of a veteran from financial hardship
by not counting all of the income and assets of the veteran and
spouse (in the case of a spouse who resides in the community) as
available for determining the copayment obligation; and
(C) allowing the veteran to retain a monthly personal
allowance.
(e)(1) There is established in the Treasury of the United States
a revolving fund known as the Department of Veterans Affairs
Extended Care Fund (hereinafter in this section referred to as the
"fund"). Amounts in the fund shall be available, without fiscal
year limitation and without further appropriation, exclusively for
the purpose of providing extended care services under subsection
(a).
(2) All amounts received by the Department under this section
shall be deposited in or credited to the fund.
-SOURCE-
(Added Pub. L. 106-117, title I, Sec. 101(c)(1), Nov. 30, 1999, 113
Stat. 1548; amended Pub. L. 107-14, Sec. 8(a)(2), (16), June 5,
2001, 115 Stat. 34, 35; Pub. L. 107-103, title V, Sec. 509(b), Dec.
27, 2001, 115 Stat. 997; Pub. L. 108-422, title II, Sec. 204, Nov.
30, 2004, 118 Stat. 2382.)
-REFTEXT-
REFERENCES IN TEXT
Section 1701(10) of this title, referred to in subsec. (a)(5),
was repealed by Pub. L. 110-387, title VIII, Sec. 801(1), Oct. 10,
2008, 122 Stat. 4140.
-MISC1-
AMENDMENTS
2004 - Subsec. (c)(2)(B), (C). Pub. L. 108-422 added subpar. (B)
and redesignated former subpar. (B) as (C).
2001 - Subsec. (c)(2)(B). Pub. L. 107-103 inserted "on" before
"November 30, 1999".
Pub. L. 107-14, Sec. 8(a)(2), substituted "November 30, 1999" for
"on the date of the enactment of the Veterans Millennium Health
Care and Benefits Act".
Subsec. (e)(1). Pub. L. 107-14, Sec. 8(a)(16), substituted
"hereinafter" for "hereafter".
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108-422, title IV, Sec. 411(f), (g), Nov. 30, 2004, 118
Stat. 2390, provided that:
"(f) Contingent Effectiveness. - Subsection (d) [enacting
provisions set out as a note under section 8118 of this title] and
the amendments made by subsection (c) [repealing section 8116 of
this title] shall take effect at the end of the 30-day period
beginning on the date on which the Secretary of Veterans Affairs
certifies to Congress that the Secretary is in compliance with
subsection (b) of section 1710B of title 38, United States Code.
"(g) Annual Update. - Following a certification under subsection
(f), the Secretary shall submit to Congress an annual update on
that certification."
EFFECTIVE DATE
Pub. L. 106-117, title I, Sec. 101(h), Nov. 30, 1999, 113 Stat.
1550, provided that:
"(1) Except as provided in paragraph (2), the amendments made by
this section [enacting this section and section 1710A of this title
and amending sections 1701, 1710, 1720, 1720B and 1741 of this
title] shall take effect on the date of the enactment of this Act
[Nov. 30, 1999].
"(2) Subsection (c) of section 1710B of title 38, United States
Code (as added by subsection (b)), shall take effect on the
effective date of regulations prescribed by the Secretary of
Veterans Affairs under subsections (c) and (d) of such section. The
Secretary shall publish the effective date of such regulations in
the Federal Register.
"(3) The provisions of section 1710(f) of title 38, United States
Code, shall not apply to any day of nursing home care on or after
the effective date of regulations under paragraph (2)."
PILOT PROGRAM ON IMPROVEMENT OF CAREGIVER ASSISTANCE SERVICES
Pub. L. 109-461, title II, Sec. 214, Dec. 22, 2006, 120 Stat.
3423, as amended by Pub. L. 110-387, Sec. 809, Oct. 10, 2008, 122
Stat. 4142, provided that:
"(a) In General. - Commencing not later than 120 days after the
date of the enactment of this Act [Dec. 22, 2006], the Secretary of
Veterans Affairs shall carry out a pilot program to assess the
feasibility and advisability of various mechanisms to expand and
improve caregiver assistance services.
"(b) Duration of Pilot Program. - The pilot program required by
subsection (a) shall be carried out during the three-year period
beginning on the date of the commencement of the pilot program.
"(c) Caregiver Assistance Services. - For purposes of this
section, the term 'caregiver assistance services' means services of
the Department of Veterans Affairs that assist caregivers of
veterans. Such services including the following:
"(1) Adult-day health care services.
"(2) Coordination of services needed by veterans, including
services for readjustment and rehabilitation.
"(3) Transportation services.
"(4) Caregiver support services, including education, training,
and certification of family members in caregiver activities.
"(5) Home care services.
"(6) Respite care.
"(7) Hospice services.
"(8) Any modalities of non-institutional long-term care.
"(d) Authorization of Appropriations. - There are authorized to
be appropriated to the Department of Veterans Affairs $5,000,000
for each of fiscal years 2007 through 2009 to carry out the pilot
program authorized by this section.
"(e) Allocation of Funds to Facilities. - The Secretary shall
allocate funds appropriated pursuant to the authorization of
appropriations in subsection (d) to individual medical facilities
of the Department in such amounts as the Secretary determines
appropriate, based upon proposals submitted by such facilities for
the use of such funds for improvements to the support of the
provision of caregiver assistance services. Special consideration
should be given to rural facilities, including those without a long-
term care facility of the Department.
"(f) Report. - Not later than one year after the date of the
enactment of this Act [Dec. 22, 2006], the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a
report on the implementation of this section. The report shall
include -
"(1) a description and assessment of the activities carried out
under the pilot program;
"(2) information on the allocation of funds to facilities of
the Department under subsection (e); and
"(3) a description of the improvements made with funds so
allocated to the support of the provision of caregiver assistance
services."
PILOT PROGRAMS RELATING TO LONG-TERM CARE
Pub. L. 106-117, title I, Sec. 102, Nov. 30, 1999, 113 Stat.
1551, as amended by Pub. L. 108-422, title II, Sec. 203, Nov. 30,
2004, 118 Stat. 2382, provided that:
"(a) Pilot Programs. - The Secretary [of Veterans Affairs] shall
carry out three pilot programs for the purpose of determining the
effectiveness of different models of all-inclusive care-delivery in
reducing the use of hospital and nursing home care by frail,
elderly veterans.
"(b) Locations of Pilot Programs. - In selecting locations in
which the pilot programs will be carried out, the Secretary may not
select more than one location in any given health care region of
the Veterans Health Administration.
"(c) Scope of Services Under Pilot Programs. - Each of the pilot
programs under this section shall be designed to provide
participating veterans with integrated, comprehensive services
which include the following:
"(1) Adult-day health care services on an eight-hour per day,
five-day per week basis.
"(2) Medical services (including primary care, preventive
services, and nursing home care, as needed).
"(3) Coordination of needed services.
"(4) Transportation services.
"(5) Home care services.
"(6) Respite care.
"(d) Program Requirements. - In carrying out the pilot programs
under this section, the Secretary shall -
"(1) employ the use of interdisciplinary care-management teams
to provide the required array of services;
"(2) determine the appropriate number of patients to be
enrolled in each program and the criteria for enrollment; and
"(3) ensure that funding for each program is based on the
complex care category under the resource allocation system (known
as the Veterans Equitable Resource Allocation system) established
pursuant to section 429 of Public Law 104-204 (110 Stat. 2929).
"(e) Design of Pilot Programs. - To the maximum extent feasible,
the Secretary shall use the following three models in designing the
three pilot programs under this section:
"(1) Under one of the pilot programs, the Secretary shall
provide services directly through facilities and personnel of the
Department [of Veterans Affairs].
"(2) Under one of the pilot programs, the Secretary shall
provide services through a combination of -
"(A) services provided under contract with appropriate public
and private entities; and
"(B) services provided through facilities and personnel of
the Department.
"(3) Under one of the pilot programs, the Secretary shall
arrange for the provision of services through a combination of -
"(A) services provided through cooperative arrangements with
appropriate public and private entities; and
"(B) services provided through facilities and personnel of
the Department.
"(f) In-Kind Assistance. - In providing for the furnishing of
services under a contract in carrying out the pilot program
described in subsection (e)(2), the Secretary may, subject to
reimbursement, provide in-kind assistance (through the services of
Department employees and the sharing of other Department resources)
to a facility furnishing care to veterans. Such reimbursement may
be made by reduction in the charges to the Secretary under such
contract.
"(g) Limitation. - In providing for the furnishing of services in
carrying out a pilot program described in subsection (e)(2) or
(e)(3), the Secretary shall make payment for services only to the
extent that payment for such services is not otherwise covered
(notwithstanding any provision of title XVIII or XIX of the Social
Security Act [42 U.S.C. 1395 et seq., 1396 et seq.]) by another
government or nongovernment entity or program.
"(h) Duration of Programs. - (1) The authority of the Secretary
to provide services under a pilot program under this section shall
cease on the date that is three years after the date of the
commencement of that pilot program.
"(2) In the case of a veteran who is participating in a pilot
program under this section as of the end of the three-year period
applicable to that pilot program under paragraph (1), the Secretary
may continue to provide to that veteran any of the services that
could be provided under the pilot program. The authority to provide
services to any veteran under the preceding sentence applies during
the period beginning on the date specified in paragraph (1) with
respect to that pilot program and ending on December 31, 2005.
"(i) Report. - (1) Not later than nine months after the
completion of all of the pilot programs under this section, the
Secretary shall submit to the Committees on Veterans' Affairs of
the Senate and the House of Representatives a report on those
programs.
"(2) The report shall include the following:
"(A) A description of the implementation and operation of each
such program.
"(B) An analysis comparing use of institutional care and use of
other services among enrollees in each of the pilot programs with
the experience of comparable patients who are not enrolled in one
of the pilot programs.
"(C) An assessment of the satisfaction of participating
veterans with each of those programs.
"(D) An assessment of the health status of participating
veterans in each of those programs and of the ability of those
veterans to function independently.
"(E) An analysis of the costs and benefits under each of those
programs."
PILOT PROGRAM RELATING TO ASSISTED LIVING
Pub. L. 106-117, title I, Sec. 103, Nov. 30, 1999, 113 Stat.
1552, as amended by Pub. L. 108-170, title I, Sec. 107, Dec. 6,
2003, 117 Stat. 2046, provided that:
"(a) Program Authority. - The Secretary [of Veterans Affairs] may
carry out a pilot program for the purpose of determining the
feasibility and practicability of enabling eligible veterans to
secure needed assisted living services as an alternative to nursing
home care.
"(b) Locations of Pilot Program. - (1) The pilot program shall be
carried out in a designated health care region of the Department
[of Veterans Affairs] selected by the Secretary for purposes of
this section.
"(2)(A) In addition to the health care region of the Department
selected for the pilot program under paragraph (1), the Secretary
may also carry out the pilot program in not more than one
additional designated health care region of the Department selected
by the Secretary for purposes of this section.
"(B) Notwithstanding subsection (f), the authority of the
Secretary to provide services under the pilot program in a health
care region of the Department selected under subparagraph (A) shall
cease on the date that is three years after the commencement of the
provision of services under the pilot program in the health care
region.
"(c) Scope of Program. - In carrying out the pilot program, the
Secretary may enter into contracts with appropriate facilities for
the provision for a period of up to six months of assisted living
services on behalf of eligible veterans in the region where the
program is carried out.
"(d) Eligible Veterans. - A veteran is an eligible veteran for
purposes of this section if the veteran -
"(1) is eligible for placement assistance by the Secretary
under section 1730(a) of title 38, United States Code;
"(2) is unable to manage routine activities of daily living
without supervision and assistance; and
"(3) could reasonably be expected to receive ongoing services
after the end of the contract period under another government
program or through other means.
"(e) Report. - (1) Not later than 90 days before the end of the
pilot program under this section, the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and the House of
Representatives a report on the program.
"(2) The report under paragraph (1) shall include the following:
"(A) A description of the implementation and operation of the
program.
"(B) An analysis comparing use of institutional care among
participants in the program with the experience of comparable
patients who are not enrolled in the program.
"(C) A comparison of assisted living services provided by the
Department through the pilot program with domiciliary care
provided by the Department.
"(D) The Secretary's recommendations, if any, regarding an
extension of the program.
"(f) Duration. - The authority of the Secretary to provide
services under the pilot program shall cease on the date that is
three years after the date of the commencement of the pilot
program.
"(g) Definition. - For purposes of this section, the term
'assisted living services' means services in a facility that
provides room and board and personal care for and supervision of
residents as necessary for the health, safety, and welfare of
residents.
"(h) Standards. - The Secretary may not enter into a contract
with a facility under this section unless the facility meets the
standards established in regulations prescribed under section 1730
of title 38, United States Code."
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
38 USC Sec. 1710C 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1710C. Traumatic brain injury: plans for rehabilitation and
reintegration into the community
-STATUTE-
(a) Plan Required. - The Secretary shall, for each individual who
is a veteran or member of the Armed Forces who receives inpatient
or outpatient rehabilitative hospital care or medical services
provided by the Department for a traumatic brain injury -
(1) develop an individualized plan for the rehabilitation and
reintegration of the individual into the community; and
(2) provide such plan in writing to the individual -
(A) in the case of an individual receiving inpatient care,
before the individual is discharged from inpatient care or
after the individual's transition from serving on active duty
as a member of the Armed Forces to receiving outpatient care
provided by the Department; or
(B) as soon as practicable following a diagnosis of traumatic
brain injury by a Department health care provider.
(b) Contents of Plan. - Each plan developed under subsection (a)
shall include, for the individual covered by such plan, the
following:
(1) Rehabilitation objectives for improving the physical,
cognitive, and vocational functioning of the individual with the
goal of maximizing the independence and reintegration of such
individual into the community.
(2) Access, as warranted, to all appropriate rehabilitative
components of the traumatic brain injury continuum of care, and
where appropriate, to long-term care services.
(3) A description of specific rehabilitative treatments and
other services to achieve the objectives described in paragraph
(1), which shall set forth the type, frequency, duration, and
location of such treatments and services.
(4) The name of the case manager designated in accordance with
subsection (d) to be responsible for the implementation of such
plan.
(5) Dates on which the effectiveness of such plan will be
reviewed in accordance with subsection (f).
(c) Comprehensive Assessment. - (1) Each plan developed under
subsection (a) shall be based on a comprehensive assessment,
developed in accordance with paragraph (2), of -
(A) the physical, cognitive, vocational, and neuropsychological
and social impairments of the individual; and
(B) the family education and family support needs of the
individual after the individual is discharged from inpatient care
or at the commencement of and during the receipt of outpatient
care and services.
(2) The comprehensive assessment required under paragraph (1)
with respect to an individual is a comprehensive assessment of the
matters set forth in that paragraph by a team, composed by the
Secretary for purposes of the assessment, of individuals with
expertise in traumatic brain injury, including any of the
following:
(A) A neurologist.
(B) A rehabilitation physician.
(C) A social worker.
(D) A neuropsychologist.
(E) A physical therapist.
(F) A vocational rehabilitation specialist.
(G) An occupational therapist.
(H) A speech language pathologist.
(I) A rehabilitation nurse.
(J) An educational therapist.
(K) An audiologist.
(L) A blind rehabilitation specialist.
(M) A recreational therapist.
(N) A low vision optometrist.
(O) An orthotist or prosthetist.
(P) An assistive technologist or rehabilitation engineer.
(Q) An otolaryngology physician.
(R) A dietician.
(S) An opthamologist.(!1)
(T) A psychiatrist.
(d) Case Manager. - (1) The Secretary shall designate a case
manager for each individual described in subsection (a) to be
responsible for the implementation of the plan developed for that
individual under that subsection and the coordination of the
individual's medical care.
(2) The Secretary shall ensure that each case manager has
specific expertise in the care required by the individual for whom
the case manager is designated, regardless of whether the case
manager obtains such expertise through experience, education, or
training.
(e) Participation and Collaboration in Development of Plans. -
(1) The Secretary shall involve each individual described in
subsection (a), and the family or legal guardian of such
individual, in the development of the plan for such individual
under that subsection to the maximum extent practicable.
(2) The Secretary shall collaborate in the development of a plan
for an individual under subsection (a) with a State protection and
advocacy system if -
(A) the individual covered by the plan requests such
collaboration; or
(B) in the case of such an individual who is incapacitated, the
family or guardian of the individual requests such collaboration.
(3) In the case of a plan required by subsection (a) for a member
of the Armed Forces who is serving on active duty, the Secretary
shall collaborate with the Secretary of Defense in the development
of such plan.
(4) In developing vocational rehabilitation objectives required
under subsection (b)(1) and in conducting the assessment required
under subsection (c), the Secretary shall act through the Under
Secretary for Health in coordination with the Vocational
Rehabilitation and Employment Service of the Department of Veterans
Affairs.
(f) Evaluation. -
(1) Periodic review by secretary. - The Secretary shall
periodically review the effectiveness of each plan developed
under subsection (a). The Secretary shall refine each such plan
as the Secretary considers appropriate in light of such review.
(2) Request for review by veterans. - In addition to the
periodic review required by paragraph (1), the Secretary shall
conduct a review of the plan for an individual under paragraph
(1) at the request of the individual, or in the case of an
individual who is incapacitated, at the request of the guardian
or designee of the individual.
(g) State Designated Protection and Advocacy System Defined. - In
this section, the term "State protection and advocacy system" means
a system established in a State under subtitle C of the
Developmental Disabilities Assistance and Bill of Rights Act of
2000 (42 U.S.C. 15041 et seq.) to protect and advocate for the
rights of persons with development disabilities.
-SOURCE-
(Added Pub. L. 110-181, div. A, title XVII, Sec. 1702(a), Jan. 28,
2008, 122 Stat. 486.)
-REFTEXT-
REFERENCES IN TEXT
The Developmental Disabilities Assistance and Bill of Rights Act
of 2000, referred to in subsec. (g), is Pub. L. 106-402, Oct. 30,
2000, 114 Stat. 1677. Subtitle C of the Act probably means subtitle
C of title I of the Act, which is classified generally to part C
(Sec. 15041 et seq.) of subchapter I of chapter 144 of Title 42,
The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 15001
of Title 42 and Tables.
-MISC1-
RESEARCH, EDUCATION, AND CLINICAL CARE PROGRAM ON TRAUMATIC BRAIN
INJURY
Pub. L. 110-181, div. A, title XVII, Sec. 1704, Jan. 28, 2008,
122 Stat. 490, provided that:
"(a) In General. - To improve the provision of health care by the
Department of Veterans Affairs to veterans with traumatic brain
injuries, the Secretary of Veterans Affairs shall -
"(1) conduct research, including -
"(A) research on the sequelae of mild to severe forms of
traumatic brain injury;
"(B) research on visually-related neurological conditions;
"(C) research on seizure disorders;
"(D) research on means of improving the diagnosis,
rehabilitative treatment, and prevention of such sequelae;
"(E) research to determine the most effective cognitive and
physical therapies for such sequelae;
"(F) research on dual diagnosis of post-traumatic stress
disorder and traumatic brain injury;
"(G) research on improving facilities of the Department
concentrating on traumatic brain injury care; and
"(H) research on improving the delivery of traumatic brain
injury care by the Department;
"(2) educate and train health care personnel of the Department
in recognizing and treating traumatic brain injury; and
"(3) develop improved models and systems for the furnishing of
traumatic brain injury care by the Department.
"(b) Collaboration. - In carrying out research under subsection
(a), the Secretary of Veterans Affairs shall collaborate with -
"(1) facilities that conduct research on rehabilitation for
individuals with traumatic brain injury;
"(2) facilities that receive grants for such research from the
National Institute on Disability and Rehabilitation Research of
the Department of Education; and
"(3) the Defense and Veterans Brain Injury Center of the
Department of Defense and other relevant programs of the Federal
Government (including Centers of Excellence).
"(c) Dissemination of Useful Information. - The Under Secretary
of Veterans Affairs for Health shall ensure that information
produced by the research, education and training, and clinical
activities conducted under this section that may be useful for
other activities of the Veterans Health Administration is
disseminated throughout the Veterans Health Administration.
"(d) Traumatic Brain Injury Registry. -
"(1) In general. - The Secretary of Veterans Affairs shall
establish and maintain a registry to be known as the 'Traumatic
Brain Injury Veterans Health Registry' (in this section referred
to as the 'Registry').
"(2) Description. - The Registry shall include the following
information:
"(A) A list containing the name of each individual who served
as a member of the Armed Forces in Operation Enduring Freedom
or Operation Iraqi Freedom who exhibits symptoms associated
with traumatic brain injury, as determined by the Secretary of
Veterans Affairs, and who -
"(i) applies for care and services furnished by the
Department of Veterans Affairs under chapter 17 of title 38,
United States Code; or
"(ii) files a claim for compensation under chapter 11 of
such title on the basis of any disability which may be
associated with such service.
"(B) Any relevant medical data relating to the health status
of an individual described in subparagraph (A) and any other
information the Secretary considers relevant and appropriate
with respect to such an individual if the individual -
"(i) grants permission to the Secretary to include such
information in the Registry; or
"(ii) is deceased at the time such individual is listed in
the Registry.
"(3) Notification. - When possible, the Secretary shall notify
each individual listed in the Registry of significant
developments in research on the health consequences of military
service in the Operation Enduring Freedom and Operation Iraqi
Freedom theaters of operations."
PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR VETERANS WITH
TRAUMATIC BRAIN INJURY
Pub. L. 110-181, div. A, title XVII, Sec. 1705, Jan. 28, 2008,
122 Stat. 491, provided that:
"(a) Pilot Program. - Beginning not later than 90 days after the
date of the enactment of this Act [Jan. 28, 2008], the Secretary of
Veterans Affairs, in collaboration with the Defense and Veterans
Brain Injury Center of the Department of Defense, shall carry out a
five-year pilot program to assess the effectiveness of providing
assisted living services to eligible veterans to enhance the
rehabilitation, quality of life, and community integration of such
veterans.
"(b) Program Locations. -
"(1) In general. - The pilot program shall be carried out at
locations selected by the Secretary for purposes of the pilot
program. Of the locations so selected -
"(A) at least one location shall be in each health care
region of the Veterans Health Administration of the Department
of Veterans Affairs that contains a polytrauma center of the
Department of Veterans Affairs; and
"(B) any location other than a location described in
subparagraph (A) shall be in an area that contains a high
concentration of veterans with traumatic brain injuries, as
determined by the Secretary.
"(2) Special consideration for veterans in rural areas. - The
Secretary shall give special consideration to providing veterans
in rural areas with an opportunity to participate in the pilot
program.
"(c) Provision of Assisted Living Services. -
"(1) Agreements. - In carrying out the pilot program, the
Secretary may enter into agreements for the provision of assisted
living services on behalf of eligible veterans with a provider
participating under a State plan or waiver under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.).
"(2) Standards. - The Secretary may not place, transfer, or
admit a veteran to any facility for assisted living services
under the pilot program unless the Secretary determines that the
facility meets such standards as the Secretary may prescribe for
purposes of the pilot program. Such standards shall, to the
extent practicable, be consistent with the standards of Federal,
State, and local agencies charged with the responsibility of
licensing or otherwise regulating or inspecting such facilities.
"(d) Continuation of Case Management and Rehabilitation Services.
- In carrying out the pilot program, the Secretary shall -
"(1) continue to provide each veteran who is receiving assisted
living services under the pilot program with rehabilitative
services; and
"(2) designate employees of the Veterans Health Administration
of the Department of Veterans Affairs to furnish case management
services for veterans participating in the pilot program.
"(e) Report. -
"(1) In general. - Not later than 60 days after the completion
of the pilot program, the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the pilot program.
"(2) Contents. - The report required by paragraph (1) shall
include the following:
"(A) A description of the pilot program.
"(B) An assessment of the utility of the activities under the
pilot program in enhancing the rehabilitation, quality of life,
and community reintegration of veterans with traumatic brain
injury.
"(C) Such recommendations as the Secretary considers
appropriate regarding the extension or expansion of the pilot
program.
"(f) Definitions. - In this section:
"(1) The term 'assisted living services' means services of a
facility in providing room, board, and personal care for and
supervision of residents for their health, safety, and welfare.
"(2) The term 'case management services' includes the
coordination and facilitation of all services furnished to a
veteran by the Department of Veterans Affairs, either directly or
through a contract, including assessment of needs, planning,
referral (including referral for services to be furnished by the
Department, either directly or through a contract, or by an
entity other than the Department), monitoring, reassessment, and
followup.
"(3) The term 'eligible veteran' means a veteran who -
"(A) is enrolled in the patient enrollment system of the
Department of Veterans Affairs under section 1705 of title 38,
United States Code;
"(B) has received hospital care or medical services provided
by the Department of Veterans Affairs for a traumatic brain
injury;
"(C) is unable to manage routine activities of daily living
without supervision and assistance, as determined by the
Secretary; and
"(D) could reasonably be expected to receive ongoing services
after the end of the pilot program under this section under
another program of the Federal Government or through other
means, as determined by the Secretary."
-FOOTNOTE-
(!1) So in original.
-End-
-CITE-
38 USC Sec. 1710D 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1710D. Traumatic brain injury: comprehensive program for long-
term rehabilitation
-STATUTE-
(a) Comprehensive Program. - In developing plans for the
rehabilitation and reintegration of individuals with traumatic
brain injury under section 1710C of this title, the Secretary shall
develop and carry out a comprehensive program of long-term care for
post-acute traumatic brain injury rehabilitation that includes
residential, community, and home-based components utilizing
interdisciplinary treatment teams.
(b) Location of Program. - The Secretary shall carry out the
program developed under subsection (a) in each Department
polytrauma rehabilitation center designated by the Secretary.
(c) Eligibility. - A veteran is eligible for care under the
program developed under subsection (a) if the veteran is otherwise
eligible to receive hospital care and medical services under
section 1710 of this title and -
(1) served on active duty in a theater of combat operations (as
determined by the Secretary in consultation with the Secretary of
Defense) during a period of war after the Persian Gulf War, or in
combat against a hostile force during a period of hostilities (as
defined in section 1712A(a)(2)(B) of this title) after November
11, 1998;
(2) is diagnosed as suffering from moderate to severe traumatic
brain injury; and
(3) is unable to manage routine activities of daily living
without supervision or assistance, as determined by the
Secretary.
(d) Report. - Not later than one year after the date of the
enactment of this section, and annually thereafter, the Secretary
shall submit to the Committees on Veterans' Affairs of the Senate
and the House of Representatives a report containing the following
information:
(1) A description of the operation of the program.
(2) The number of veterans provided care under the program
during the year preceding such report.
(3) The cost of operating the program during the year preceding
such report.
-SOURCE-
(Added Pub. L. 110-181, div. A, title XVII, Sec. 1702(a), Jan. 28,
2008, 122 Stat. 488.)
-REFTEXT-
REFERENCES IN TEXT
The date of the enactment of this section, referred to in subsec.
(d), is the date of enactment of Pub. L. 110-181, which was
approved Jan. 28, 2008.
-End-
-CITE-
38 USC Sec. 1710E 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1710E. Traumatic brain injury: use of non-Department
facilities for rehabilitation
-STATUTE-
(a) Cooperative Agreements. - The Secretary, in implementing and
carrying out a plan developed under section 1710C of this title,
may provide hospital care and medical services through cooperative
agreements with appropriate public or private entities that have
established long-term neurobehavioral rehabilitation and recovery
programs.
(b) Covered Individuals. - The care and services provided under
subsection (a) shall be made available to an individual -
(1) who is described in section 1710C(a) of this title; and
(2)(A) to whom the Secretary is unable to provide such
treatment or services at the frequency or for the duration
prescribed in such plan; or
(B) for whom the Secretary determines that it is optimal with
respect to the recovery and rehabilitation for such individual.
(c) Authorities of State Protection and Advocacy Systems. -
Nothing in subtitle C of the Developmental Disabilities Assistance
and Bill of Rights Act of 2000 shall be construed as preventing a
State protection and advocacy system (as defined in section
1710C(g) of this title) from exercising the authorities described
in such subtitle with respect to individuals provided
rehabilitative treatment or services under section 1710C of this
title in a non-Department facility.
(d) Standards. - The Secretary may not provide treatment or
services as described in subsection (a) at a non-Department
facility under such subsection unless such facility maintains
standards for the provision of such treatment or services
established by an independent, peer-reviewed organization that
accredits specialized rehabilitation programs for adults with
traumatic brain injury.
-SOURCE-
(Added Pub. L. 110-181, div. A, title XVII, Sec. 1703(a), Jan. 28,
2008, 122 Stat. 489; amended Pub. L. 111-163, title V, Sec. 509,
May 5, 2010, 124 Stat. 1162.)
-REFTEXT-
REFERENCES IN TEXT
The Developmental Disabilities Assistance and Bill of Rights Act
of 2000, referred to in subsec. (c), is Pub. L. 106-402, Oct. 30,
2000, 114 Stat. 1677. Subtitle C of the Act probably means subtitle
C of title I of the Act, which is classified generally to part C
(Sec. 15041 et seq.) of subchapter I of chapter 144 of Title 42,
The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 15001
of Title 42 and Tables.
-MISC1-
AMENDMENTS
2010 - Subsecs. (b) to (d). Pub. L. 111-163 added subsecs. (b)
and (d) and redesignated former subsec. (b) as (c).
-End-
-CITE-
38 USC Sec. 1711 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1711. Care during examinations and in emergencies
-STATUTE-
(a) The Secretary may furnish hospital care incident to physical
examinations where such examinations are necessary in carrying out
the provisions of other laws administered by the Secretary.
[(b) Repealed. Pub. L. 107-135, title II, Sec. 208(d), Jan. 23,
2002, 115 Stat. 2463.]
(c)(1) The Secretary may contract with any organization named in,
or approved by the Secretary under, section 5902 of this title to
provide for the furnishing by the Secretary, on a reimbursable
basis (as prescribed by the Secretary), of emergency medical
services to individuals attending any national convention of such
organization, except that reimbursement shall not be required for
services furnished under this subsection to the extent that the
individual receiving such services would otherwise be eligible
under this chapter for medical services.
(2) The authority of the Secretary to enter into contracts under
this subsection shall be effective for any fiscal year only to such
extent or in such amounts as are provided in appropriation Acts.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1142, Sec. 611; Pub. L. 94-
581, title II, Secs. 202(e), 210(a)(2), Oct. 21, 1976, 90 Stat.
2856, 2862; Pub. L. 96-22, title II, Sec. 202, June 13, 1979, 93
Stat. 54; Pub. L. 96-128, title V, Sec. 501(a), Nov. 28, 1979, 93
Stat. 987; Pub. L. 102-40, title IV, Sec. 402(d)(1), May 7, 1991,
105 Stat. 239; renumbered Sec. 1711 and amended Pub. L. 102-83,
Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406; Pub.
L. 107-135, title II, Sec. 208(d), Jan. 23, 2002, 115 Stat. 2463.)
-MISC1-
PRIOR PROVISIONS
Prior section 1711 was renumbered section 3511 of this title.
AMENDMENTS
2002 - Subsec. (b). Pub. L. 107-135 struck out subsec. (b) which
read as follows: "The Secretary may furnish hospital care or
medical services as a humanitarian service in emergency cases, but
the Secretary shall charge for such care at rates prescribed by the
Secretary."
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 611 of this
title as this section.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" wherever appearing.
Subsec. (c)(1). Pub. L. 102-40 substituted "5902" for "3402".
1979 - Subsec. (c). Pub. L. 96-22 added subsec. (c).
Subsec. (c)(1). Pub. L. 96-128 substituted "named in, or approved
by the Administrator under," for "recognized by the Administrator
for the purposes of".
1976 - Pub. L. 94-581, Sec. 202(e)(1), substituted "Care" for
"Hospitalization" in section catchline.
Subsec. (a). Pub. L. 94-581, Sec. 210(a)(2)(A), substituted
"administered by the Administrator" for "administered by him".
Subsec. (b). Pub. L. 94-581, Secs. 202(e)(2), 210(a)(2)(B),
substituted "hospital care or medical services" for "hospital
care", "the Administrator shall charge" for "he shall charge", and
"prescribed by the Administrator" for "prescribed by him".
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-128 effective Nov. 28, 1979, see section
601(b) of Pub. L. 96-128, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
-End-
-CITE-
38 USC Sec. 1712 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1712. Dental care; drugs and medicines for certain disabled
veterans; vaccines
-STATUTE-
(a)(1) Outpatient dental services and treatment, and related
dental appliances, shall be furnished under this section only for a
dental condition or disability -
(A) which is service-connected and compensable in degree;
(B) which is service-connected, but not compensable in degree,
but only if -
(i) the dental condition or disability is shown to have been
in existence at the time of the veteran's discharge or release
from active military, naval, or air service;
(ii) the veteran had served on active duty for a period of
not less than 180 days or, in the case of a veteran who served
on active duty during the Persian Gulf War, 90 days immediately
before such discharge or release;
(iii) application for treatment is made within 180 days after
such discharge or release, except that (I) in the case of a
veteran who reentered active military, naval, or air service
within 90 days after the date of such veteran's prior discharge
or release from such service, application may be made within
180 days from the date of such veteran's subsequent discharge
or release from such service, and (II) if a disqualifying
discharge or release has been corrected by competent authority,
application may be made within 180 days after the date of
correction; and
(iv) the veteran's certificate of discharge or release from
active duty does not bear a certification that the veteran was
provided, within the 90-day period immediately before the date
of such discharge or release, a complete dental examination
(including dental X-rays) and all appropriate dental services
and treatment indicated by the examination to be needed;
(C) which is a service-connected dental condition or disability
due to combat wounds or other service trauma, or of a former
prisoner of war;
(D) which is associated with and is aggravating a disability
resulting from some other disease or injury which was incurred in
or aggravated by active military, naval, or air service;
(E) which is a non-service-connected condition or disability of
a veteran for which treatment was begun while such veteran was
receiving hospital care under this chapter and such services and
treatment are reasonably necessary to complete such treatment;
(F) from which a veteran who is a former prisoner of war is
suffering;
(G) from which a veteran who has a service-connected disability
rated as total is suffering; or
(H) the treatment of which is medically necessary (i) in
preparation for hospital admission, or (ii) for a veteran
otherwise receiving care or services under this chapter.
(2) The Secretary concerned shall at the time a member of the
Armed Forces is discharged or released from a period of active
military, naval, or air service of not less than 180 days or, in
the case of a veteran who served on active duty during the Persian
Gulf War, 90 days provide to such member a written explanation of
the provisions of clause (B) of paragraph (1) of this subsection
and enter in the service records of the member a statement signed
by the member acknowledging receipt of such explanation (or, if the
member refuses to sign such statement, a certification from an
officer designated for such purpose by the Secretary concerned that
the member was provided such explanation).
(3) The total amount which the Secretary may expend for
furnishing, during any twelve-month period, outpatient dental
services, treatment, or related dental appliances to a veteran
under this section through private facilities for which the
Secretary has contracted under clause (1), (2), or (5) of section
1703(a) of this title may not exceed $1,000 unless the Secretary
determines, prior to the furnishing of such services, treatment, or
appliances and based on an examination of the veteran by a dentist
employed by the Department (or, in an area where no such dentist is
available, by a dentist conducting such examination under a
contract or fee arrangement), that the furnishing of such services,
treatment, or appliances at such cost is reasonably necessary.
(4)(A) Except as provided in subparagraph (B) of this paragraph,
in any year in which the President's Budget for the fiscal year
beginning October 1 of such year includes an amount for
expenditures for contract dental care under the provisions of this
subsection and section 1703 of this title during such fiscal year
in excess of the level of expenditures made for such purpose during
fiscal year 1978, the Secretary shall, not later than February 15
of such year, submit a report to the appropriate committees of the
Congress justifying the requested level of expenditures for
contract dental care and explaining why the application of the
criteria prescribed in section 1703 of this title for contracting
with private facilities and in the second sentence of section
1710(c) of this title for furnishing incidental dental care to
hospitalized veterans will not preclude the need for expenditures
for contract dental care in excess of the fiscal year 1978 level of
expenditures for such purpose. In any case in which the amount
included in the President's Budget for any fiscal year for
expenditures for contract dental care under such provisions is not
in excess of the level of expenditures made for such purpose during
fiscal year 1978 and the Secretary determines after the date of
submission of such budget and before the end of such fiscal year
that the level of expenditures for such contract dental care during
such fiscal year will exceed the fiscal year 1978 level of
expenditures, the Secretary shall submit a report to the
appropriate committees of the Congress containing both a
justification (with respect to the projected level of expenditures
for such fiscal year) and an explanation as required in the
preceding sentence in the case of a report submitted pursuant to
such sentence. Any report submitted pursuant to this paragraph
shall include a comment by the Secretary on the effect of the
application of the criteria prescribed in the second sentence of
section 1710(c) of this title for furnishing incidental dental care
to hospitalized veterans.
(B) A report under subparagraph (A) of this paragraph with
respect to a fiscal year is not required if, in the documents
submitted by the Secretary to the Congress in justification for the
amounts included for Department programs in the President's Budget,
the Secretary specifies with respect to contract dental care
described in such subparagraph -
(i) the actual level of expenditures for such care in the
fiscal year preceding the fiscal year in which such Budget is
submitted;
(ii) a current estimate of the level of expenditures for such
care in the fiscal year in which such Budget is submitted; and
(iii) the amount included in such Budget for such care.
(b) Dental services and related appliances for a dental condition
or disability described in paragraph (1)(B) of subsection (a) shall
be furnished on a one-time completion basis, unless the services
rendered on a one-time completion basis are found unacceptable
within the limitations of good professional standards, in which
event such additional services may be afforded as are required to
complete professionally acceptable treatment.
(c) Dental appliances, wheelchairs, artificial limbs, trusses,
special clothing, and similar appliances to be furnished by the
Secretary under this section may be procured by the Secretary
either by purchase or by manufacture, whichever the Secretary
determines may be advantageous and reasonably necessary.
(d) The Secretary shall furnish to each veteran who is receiving
additional compensation or allowance under chapter 11 of this
title, or increased pension as a veteran of a period of war, by
reason of being permanently housebound or in need of regular aid
and attendance, such drugs and medicines as may be ordered on
prescription of a duly licensed physician as specific therapy in
the treatment of any illness or injury suffered by such veteran.
The Secretary shall continue to furnish such drugs and medicines so
ordered to any such veteran in need of regular aid and attendance
whose pension payments have been discontinued solely because such
veteran's annual income is greater than the applicable maximum
annual income limitation, but only so long as such veteran's annual
income does not exceed such maximum annual income limitation by
more than $1,000.
(e) In order to assist the Secretary of Health and Human Services
in carrying out national immunization programs under other
provisions of law, the Secretary may authorize the administration
of immunizations to eligible veterans who voluntarily request such
immunizations in connection with the provision of care for a
disability under this chapter in any Department health care
facility. Any such immunization shall be made using vaccine
furnished by the Secretary of Health and Human Services at no cost
to the Department. For such purpose, notwithstanding any other
provision of law, the Secretary of Health and Human Services may
provide such vaccine to the Department at no cost. Section 7316 of
this title shall apply to claims alleging negligence or malpractice
on the part of Department personnel granted immunity under such
section.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1142, Sec. 612; Pub. L. 86-
639, Sec. 1, July 12, 1960, 74 Stat. 472; Pub. L. 87-377, Sec. 1,
Oct. 4, 1961, 75 Stat. 806; Pub. L. 87-583, Sec. 2, Aug. 14, 1962,
76 Stat. 381; Pub. L. 88-430, Aug. 14, 1964, 78 Stat. 438; Pub. L.
88-450, Sec. 7, Aug. 19, 1964, 78 Stat. 504; Pub. L. 88-664, Sec.
8, Oct. 13, 1964, 78 Stat. 1096; Pub. L. 90-77, title II, Sec.
203(b), Aug. 31, 1967, 81 Stat. 183; Pub. L. 91-102, Oct. 30, 1969,
83 Stat. 168; Pub. L. 91-500, Secs. 2, 3, Oct. 22, 1970, 84 Stat.
1096; Pub. L. 91-588, Secs. 4, 9(f), Dec. 24, 1970, 84 Stat. 1583,
1585; Pub. L. 93-82, title I, Sec. 103(a), Aug. 2, 1973, 87 Stat.
180; Pub. L. 94-581, title I, Sec. 103(a), title II, Secs. 202(f),
210(a)(3), Oct. 21, 1976, 90 Stat. 2844, 2856, 2862; Pub. L. 95-
588, title III, Sec. 302, Nov. 4, 1978, 92 Stat. 2506; Pub. L. 96-
22, title I, Secs. 101, 102(b), June 13, 1979, 93 Stat. 47; Pub.
L. 96-151, title II, Secs. 203, 204, Dec. 20, 1979, 93 Stat. 1094;
Pub. L. 97-35, title XX, Sec. 2002(a), Aug. 13, 1981, 95 Stat. 781;
Pub. L. 97-37, Secs. 3(b), 5(b), (c), Aug. 14, 1981, 95 Stat. 936,
937; Pub. L. 97-72, title I, Secs. 102(b), 103(a), (b), Nov. 3,
1981, 95 Stat. 1048, 1049; Pub. L. 97-295, Sec. 4(17), (95)(A),
Oct. 12, 1982, 96 Stat. 1306, 1313; Pub. L. 99-166, title I, Sec.
104, Dec. 3, 1985, 99 Stat. 944; Pub. L. 99-272, title XIX, Secs.
19011(b), 19012(c)(1), (2), Apr. 7, 1986, 100 Stat. 375, 382; Pub.
L. 99-576, title II, Secs. 202, 231(b), 237(b)(2), title VII, Sec.
702(5), Oct. 28, 1986, 100 Stat. 3254, 3263, 3267, 3301; Pub. L.
100-322, title I, Secs. 101(a)-(c), (d)(2), (e)(1), (2), (f),
(g)(1), (h)(1), 106, May 20, 1988, 102 Stat. 489-492, 494; Pub. L.
101-508, title VIII, Sec. 8013(b), Nov. 5, 1990, 104 Stat. 1388-
346; Pub. L. 102-25, title III, Sec. 334(a), (c), Apr. 6, 1991,
105 Stat. 88, 89; renumbered Sec. 1712 and amended Pub. L. 102-83,
Secs. 4(a)(3), (4), (b)(1), (2)(E), (5), 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 404-406; Pub. L. 102-86, title III, Secs. 301, 302,
Aug. 14, 1991, 105 Stat. 416; Pub. L. 102-585, title I, Sec. 103,
Nov. 4, 1992, 106 Stat. 4946; Pub. L. 103-210, Sec. 1(b), Dec. 20,
1993, 107 Stat. 2496; Pub. L. 103-446, title XII, Sec. 1201(d)(3),
Nov. 2, 1994, 108 Stat. 4684; Pub. L. 103-452, title I, Secs.
101(e), 103(a)(2), Nov. 2, 1994, 108 Stat. 4784, 4786; Pub. L. 104-
110, title I, Sec. 101(a)(2), Feb. 13, 1996, 110 Stat. 768; Pub.
L. 104-262, title I, Sec. 101(b)(2)-(c)(2)(A), Oct. 9, 1996, 110
Stat. 3179; Pub. L. 106-419, title IV, Sec. 404(a)(3), Nov. 1,
2000, 114 Stat. 1864; Pub. L. 108-170, title I, Sec. 101(a), Dec.
6, 2003, 117 Stat. 2043; Pub. L. 110-181, div. A, title XVII, Sec.
1709, Jan. 28, 2008, 122 Stat. 494.)
-MISC1-
PRIOR PROVISIONS
Prior section 1712 was renumbered section 3512 of this title.
AMENDMENTS
2008 - Subsec. (a)(1)(B)(iii). Pub. L. 110-181 substituted "180
days after such discharge" for "90 days after such discharge", "180
days from the date of such veteran's subsequent discharge" for "90
days from the date of such veteran's subsequent discharge", and
"180 days after the date of correction" for "90 days after the date
of correction".
2003 - Subsec. (a)(1)(F). Pub. L. 108-170 struck out "and who was
detained or interned for a period of not less than 90 days" after
"war".
2000 - Subsec. (a)(4)(A). Pub. L. 106-419 substituted "this
subsection" for "subsection (a) of this section (other than
paragraphs (3)(B) and (3)(C) of that subsection)" after "under the
provisions" in first sentence.
1996 - Pub. L. 104-262, Sec. 101(c)(2)(A), substituted "Dental
care; drugs and medicines for certain disabled veterans; vaccines"
for "Eligibility for outpatient services" in section catchline.
Subsec. (a). Pub. L. 104-262, Sec. 101(c)(1)(A), (B),
redesignated subsec. (b) as (a) and struck out former subsec. (a)
which required and authorized the Secretary to furnish on an
ambulatory or outpatient basis medical services for certain
veterans.
Subsec. (a)(1)(D). Pub. L. 104-110 substituted "December 31,
1996" for "December 31, 1995".
Subsec. (b). Pub. L. 104-262, Sec. 101(c)(1)(B), (C),
redesignated subsec. (c) as (b) and substituted "subsection (a)"
for "subsection (b) of this section". Former subsec. (b)
redesignated (a).
Subsecs. (c) to (e). Pub. L. 104-262, Sec. 101(c)(1)(B),
redesignated subsecs. (d), (h), and (j) as (c), (d), and (e),
respectively. Former subsec. (c) redesignated (b).
Subsec. (f). Pub. L. 104-262, Sec. 101(b)(2), redesignated
subsec. (f) as subsec. (g) of section 1710 of this title.
Subsec. (h). Pub. L. 104-262, Sec. 101(c)(1)(B), redesignated
subsec. (h) as (d).
Subsec. (i). Pub. L. 104-262, Sec. 101(c)(1)(A), struck out
subsec. (i), which required Secretary to prescribe regulations
relating to the order in which medical services were to be
furnished to veterans.
Subsec. (j). Pub. L. 104-262, Sec. 101(c)(1)(B), redesignated
subsec. (j) as (e).
1994 - Subsec. (a)(1)(D). Pub. L. 103-452, Sec. 103(a)(2),
substituted "December 31, 1995" for "December 31, 1994".
Subsec. (i)(1). Pub. L. 103-452, Sec. 101(e)(1), inserted "(A)"
after "To a veteran" and inserted before period at end ", or (B)
who is eligible for counseling and care and services under section
1720D of this title, for the purposes of such counseling and care
and services".
Subsec. (i)(2). Pub. L. 103-452, Sec. 101(e)(2), substituted "or
(B)" for ", (B)" and struck out before period at end ", or (C) who
is eligible for counseling under section 1720D of this title, for
the purposes of such counseling".
Subsec. (i)(5). Pub. L. 103-446, Sec. 1201(d)(3)(A), substituted
"section 1722(a)(3)" for "section 1722(a)(1)(C)".
Subsec. (j). Pub. L. 103-446, Sec. 1201(d)(3)(B), substituted
"Section 7316" for "Section 4116".
1993 - Subsec. (a)(1)(D). Pub. L. 103-210, Sec. 1(b)(1), added
subpar. (D).
Subsec. (a)(7). Pub. L. 103-210, Sec. 1(b)(2), added par. (7).
1992 - Subsec. (i)(2)(C). Pub. L. 102-585 added cl. (C).
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 612 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" wherever appearing.
Subsec. (a)(1)(C). Pub. L. 102-83, Sec. 5(c)(1), substituted
"1151" for "351".
Subsec. (a)(2)(B). Pub. L. 102-83, Sec. 5(c)(1), substituted
"1710(a)" for "610(a)", "1503" for "503", and "1521(d)" for
"521(d)".
Subsec. (a)(4). Pub. L. 102-83, Sec. 5(c)(1), substituted "1710"
for "610".
Subsec. (a)(6). Pub. L. 102-83, Sec. 5(c)(1), substituted "1703"
for "603".
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
Subsec. (b)(1)(B)(ii). Pub. L. 102-25, Sec. 334(a), inserted "or,
in the case of a veteran who served on active duty during the
Persian Gulf War, 90 days" after "180 days".
Subsec. (b)(1)(H). Pub. L. 102-86, Sec. 301, amended subsec.
(b)(1) of this section as in effect before the redesignations made
by Pub. L. 102-83, Sec. 5, by adding subpar. (H).
Subsec. (b)(2). Pub. L. 102-25, Sec. 334(a), inserted "or, in the
case of a veteran who served on active duty during the Persian Gulf
War, 90 days" after "180 days".
Subsec. (b)(3). Pub. L. 102-86, Sec. 302, amended subsec. (b) of
this section as in effect before the redesignations made by Pub. L.
102-83, Sec. 5, by substituting "$1,000" for "$500".
Pub. L. 102-83, Sec. 5(c)(1), substituted "1703(a)" for "603(a)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" wherever appearing.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
Subsec. (b)(4). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" wherever appearing.
Subsec. (b)(4)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted in
two places "1703" for "603" and "1710(c)" for "610(c)".
Subsec. (b)(4)(B). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
"Department" for "Veterans' Administration" in introductory
provisions.
Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" wherever appearing.
Subsec. (f). Pub. L. 102-83, Sec. 5(c)(1), substituted "1717" for
"617" and "1710(a)(2)" for "610(a)(2)" in par. (1) and "1717" for
"617" in par. (3).
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in pars. (1) and (2).
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" in pars. (2) and (4).
Subsec. (h). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in two places.
Pub. L. 102-25, Sec. 334(c), substituted "a period of war" for
"the Mexican border period, World War I, World War II, the Korean
conflict, or the Vietnam era".
Subsec. (i). Pub. L. 102-83, Sec. 5(c)(1), substituted "1710(e)"
for "610(e)" in par. (3) and "1722(a)(1)(C)" for "622(a)(1)(C)" in
par. (5).
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in introductory provisions.
Subsec. (j). Pub. L. 102-83, Sec. 4(b)(5), substituted "the
Secretary of Health and Human Services" for "the Secretary" in
second and third sentences.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in first sentence.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" wherever appearing.
1990 - Subsec. (f)(1). Pub. L. 101-508, Sec. 8013(b)(1),
substituted "section 610(a)(2)" for "section 610(a)(2)(B)".
Subsec. (f)(3) to (7). Pub. L. 101-508, Sec. 8013(b)(2), (3),
redesignated pars. (5) and (7) as (3) and (4), respectively, and
struck out former pars. (3), (4), and (6) which read as follows:
"(3) A veteran may not be required to make a payment under this
subsection for services furnished under subsection (a) of this
section during any 90-day period to the extent that such payment
would cause the total amount paid by the veteran under this
subsection for medical services furnished during that period and
under section 610(f) of this title for hospital and nursing home
care furnished during that period to exceed the amount of the
inpatient Medicare deductible in effect on the first day of such 90-
day period.
"(4) A veteran may not be required to make a payment under this
subsection if such payment would result in the veteran paying,
under this subsection and section 610(f) of this title, a total
amount greater than four times the amount of the inpatient Medicare
deductible for care or services, or any combination thereof,
furnished under this chapter during any 365-calendar-day period.
"(6) For the purposes of this subsection, the term 'inpatient
Medicare deductible' means the amount of the inpatient hospital
deductible in effect under section 1813(b) of the Social Security
Act (42 U.S.C. 1395e(b))."
1988 - Pub. L. 100-322, Sec. 101(h)(1), substituted "Eligibility
for outpatient services" for "Eligibility for medical treatment" in
section catchline.
Subsec. (a)(1). Pub. L. 100-322, Sec. 101(a), substituted "shall
furnish on an ambulatory or outpatient basis" for "may furnish" in
introductory provisions and added subpar. (C).
Subsec. (a)(2). Pub. L. 100-322, Sec. 101(b)(1), (3), added par.
(2) and struck out former par. (2) which read as follows: "Subject
to subsection (k) of this section, as part of medical services
furnished to a veteran under paragraph (1) of this subsection, the
Administrator may furnish to the veteran such home health services
as the Administrator finds to be necessary or appropriate for the
effective and economical treatment of such disability (including
only such improvements and structural alterations the cost of which
does not exceed $2,500 (or reimbursement up to such amount) as are
necessary to assure the continuation of treatment for such
disability or to provide access to the home or to essential
lavatory and sanitary facilities)."
Subsec. (a)(3) to (6). Pub. L. 100-322, Sec. 101(b)(2), (3),
added pars. (3) to (5) and redesignated former par. (3) as (6).
Subsec. (b)(1)(B)(i). Pub. L. 100-322, Sec. 101(f)(1),
substituted "at the time of the veteran's" for "at time of".
Subsec. (b)(1)(B)(ii). Pub. L. 100-322, Sec. 101(f)(2),
substituted "180 days" for "one hundred and eighty days".
Subsec. (b)(1)(B)(iii). Pub. L. 100-322, Sec. 101(f)(3),
substituted "90 days" for "ninety days" in four places.
Subsec. (b)(1)(B)(iv). Pub. L. 100-322, Sec. 101(f)(4),
substituted "90-day" for "ninety-day".
Subsec. (b)(1)(F). Pub. L. 100-322, Secs. 101(g)(1)(A), 106,
redesignated subpar. (G) as (F), substituted "90 days" for "six
months", and struck out former subpar. (F) which read as follows:
"from which a veteran of the Spanish-American War or Indian wars is
suffering;".
Subsec. (b)(1)(G), (H). Pub. L. 100-322, Sec. 101(g)(1)(A),
redesignated subpar. (H) as (G). Former subpar. (G) redesignated
(F).
Subsec. (b)(4)(A). Pub. L. 100-322, Sec. 101(e)(2)(A),
substituted "subsection (a) of this section (other than paragraphs
(3)(B) and (3)(C) of that subsection)" for "subsections (a) and (f)
of this section".
Subsec. (e). Pub. L. 100-322, Sec. 101(g)(1)(B), struck out
subsec. (e) which read as follows: "Any disability of a veteran of
the Spanish-American War or Indian Wars, upon application for the
benefits of this section or outpatient medical services under
section 624 of this title, shall be considered for the purposes
thereof to be a service-connected disability incurred or aggravated
in a period of war."
Subsec. (f)(1). Pub. L. 100-322, Sec. 101(e)(1)(A)-(C),
redesignated par. (4)(A) as par. (1), substituted "under subsection
(a) of this section (including home health services under section
617 of this title)" for "under this subsection (including home
health services under paragraph (2) of this subsection)" and
"paragraph (2) of this subsection" for "subparagraph (B) of this
paragraph", and struck out former par. (1) which read as follows:
"Except as provided in paragraph (4) of this subsection, the
Administrator may furnish medical services for any disability on an
outpatient or ambulatory basis -
"(A) to any veteran eligible for hospital care under section
610 of this title (i) if such services are reasonably necessary
in preparation for, or (to the extent that facilities are
available) to obviate the need of, hospital admission, or (ii) if
such a veteran has been furnished hospital care, nursing home
care, or domiciliary care and such medical services are
reasonably necessary to complete treatment incident to such care
(for a period not in excess of twelve months after discharge from
such treatment, except where the Administrator finds that a
longer period is required by virtue of the disability being
treated); and
"(B) to any veteran who is a former prisoner of war."
Subsec. (f)(2). Pub. L. 100-322, Sec. 101(e)(1)(D)-(F),
redesignated par. (4)(B) as (2), substituted "subsection (a) of
this section and who is required under paragraph (1) of this
subsection" for "this subsection and who is required under
subparagraph (A) of this paragraph", and struck out former par. (2)
which read as follows: "Subject to subsection (k) of this section,
as part of medical services furnished to a veteran under paragraph
(1) of this subsection, the Administrator may furnish to the
veteran such home health services as the Administrator determines
to be necessary or appropriate for the effective and economical
treatment of a disability of a veteran (including only such
improvements and structural alterations the cost of which does not
exceed $600 (or reimbursement up to such amount) as are necessary
to assure the continuation of treatment or provide access to the
home or to essential lavatory and sanitary facilities)."
Subsec. (f)(3). Pub. L. 100-322, Sec. 101(e)(1)(A), (D), (E),
(G), redesignated par. (4)(C) as (3), substituted "under this
subsection for services furnished under subsection (a) of this
section" for "under this paragraph for services furnished under
this subsection" and "veteran under this subsection" for "veteran
under this paragraph", and struck out former par. (3) which read as
follows: "In addition to furnishing medical services under this
subsection through Veterans' Administration facilities, the
Administrator may furnish such services in accordance with section
603 of this title."
Subsec. (f)(4). Pub. L. 100-322, Sec. 101(e)(1)(D), redesignated
par. (4)(D) as (4).
Subsec. (f)(5). Pub. L. 100-322, Sec. 101(e)(1)(D), (H),
redesignated par. (4)(E) as (5) and substituted "under section 617
of this title" for "under this subsection".
Subsec. (f)(6). Pub. L. 100-322, Sec. 101(e)(1)(D), (E),
redesignated par. (4)(F) as (6) and substituted "this subsection"
for "this paragraph".
Subsec. (f)(7). Pub. L. 100-322, Sec. 101(e)(1)(D), (E),
redesignated par. (4)(G) as (7) and substituted "this subsection"
for "this paragraph".
Subsec. (g). Pub. L. 100-322, Sec. 101(e)(2)(B), struck out
subsec. (g) which read as follows:
"(1) The Administrator may furnish medical services which the
Administrator determines are needed to a veteran -
"(A) who is a veteran of the Mexican border period or of World
War I; or
"(B) who is in receipt of increased pension or additional
compensation or allowances based on the need of regular aid and
attendance or by reason of being permanently housebound (or who,
but for the receipt of retired pay, would be in receipt of such
pension, compensation, or allowance).
"(2) As part of medical services furnished to a veteran under
paragraph (1) of this subsection, the Administrator may furnish to
the veteran home health services under the terms and conditions set
forth in subsection (f) of this section.
"(3) In addition to furnishing medical services under this
subsection through Veterans' Administration facilities, the
Administrator may furnish such services in accordance with section
603 of this title."
Subsec. (i). Pub. L. 100-322, Sec. 101(c), added pars. (1) to (5)
and struck out former pars. (1) to (6) which read as follows:
"(1) To any veteran for a service-connected disability.
"(2) To any veteran described in subsection (f)(2) of this
section.
"(3) To any veteran with a disability rated as service-connected
(including any veteran being examined to determine the existence or
rating of a service-connected disability).
"(4) To any veteran (A) who is a former prisoner of war, or (B)
who is eligible for care under section 610(a)(5) of this title.
"(5) To any veteran being furnished medical services under
subsection (g) of this section.
"(6) To any veteran who is in receipt of pension under section
521 of this title."
Subsec. (k). Pub. L. 100-322, Sec. 101(d)(2), transferred subsec.
(k) to section 617(a)(3) of this title.
1986 - Subsec. (a). Pub. L. 99-272, Sec. 19011(b)(1), substituted
par. (1) for "Except as provided in subsection (b) of this section,
the Administrator, within the limits of Veterans' Administration
facilities, may furnish such medical services as the Administrator
finds to be reasonably necessary to any veteran for a service-
connected disability.", designated second sentence of existing
provision as par. (2), substituted "As part of medical services
furnished to a veteran under paragraph (1) of this subsection, the
Administrator may furnish to the veteran" for "The Administrator
may also furnish to any such veteran", struck out provision that in
the case of a veteran discharged or released from active military,
naval, or air service for a disability incurred or aggravated in
the line of duty, services may be provided for that disability,
whether or not service-connected for the purposes of this chapter,
and added par. (3).
Subsec. (a)(2). Pub. L. 99-576, Sec. 202(1), substituted "Subject
to subsection (k) of this section, as" for "As".
Subsec. (b)(3). Pub. L. 99-272, Sec. 19012(c)(1), substituted
"clause (1), (2), or (5) of section 603(a)" for "clause (i), (ii),
or (v) of section 601(4)(C)".
Subsec. (b)(4). Pub. L. 99-576, Sec. 231(b), designated existing
provisions as subpar. (A), substituted "Except as provided in
subparagraph (B) of this paragraph, in" for "In", and added subpar.
(B).
Pub. L. 99-272, Sec. 19012(c)(2), substituted "section 603" for
"section 601(4)(C)" in two places.
Subsec. (f). Pub. L. 99-272, Sec. 19011(b)(2), designated
existing first sentence as par. (1), substituted "Except as
provided in paragraph (4) of this subsection, the Administrator
may" for "The Administrator, within the limits of Veterans'
Administration facilities, may", redesignated former cl. (1) as cl.
(A) and subcls. (A) and (B) as subcls. (i) and (ii), inserted "and"
after "being treated);", struck out par. (2), which related to any
veteran who had a service-connected disability rated at 50 percent
or more, and redesignated cl. (3) as cl. (B); designated existing
second sentence as par. (2) and substituted "As part of medical
services furnished to a veteran under paragraph (1) of this
subsection, the Administrator may furnish to the veteran" for "The
Administrator may also furnish to any such veteran"; struck out
provision authorizing the Administrator to furnish outpatient
dental services and treatment, and related appliances, to any
veteran described in subsec. (b)(1)(G) of this section; and added
pars. (3) and (4).
Subsec. (f)(2). Pub. L. 99-576, Sec. 202(1), substituted "Subject
to subsection (k) of this section, as" for "As".
Subsec. (f)(4)(D) to (G). Pub. L. 99-576, Sec. 237(b)(2), added
subpar. (D) and redesignated former subpars. (D) to (F) as (E) to
(G), respectively.
Subsec. (g). Pub. L. 99-272, Sec. 19011(b)(3), amended subsec.
(g) generally. Prior to amendment, subsec. (g) read as follows: "In
the case of any veteran who is a veteran of the Mexican border
period or of World War I or who is in receipt of increased pension
or additional compensation or allowance based on the need of
regular aid and attendance or by reason of being permanently
housebound, or who, but for the receipt of retired pay, would be in
receipt of such pension, compensation, or allowance, the
Administrator, within the limits of Veterans' Administration
facilities, may furnish the veteran such medical services as the
Administrator finds to be reasonably necessary. The Administrator
may also furnish to any such veteran home health services under the
terms and conditions set forth in subsection (f) of this section."
Subsec. (i)(6). Pub. L. 99-272, Sec. 19011(b)(4), added par. (6).
Subsec. (j). Pub. L. 99-576, Sec. 702(5), substituted "programs
under other provisions" for "programs pursuant to other
provisions", "veterans who voluntarily request such immunizations"
for "veterans (voluntarily requesting such immunizations)",
"facility. Any such immunization shall be made using" for
"facility, utilizing", "Administration. For such purpose,
notwithstanding any other provision of law, the Secretary may
provide" for "Administration, and for such purpose, notwithstanding
any other provision of law, the Secretary is authorized to
provide", and "cost. Section 4116" for "cost and the provisions of
section 4116".
Subsec. (k). Pub. L. 99-576, Sec. 202(2), added subsec. (k).
1985 - Subsec. (f)(1). Pub. L. 99-166 substituted "if" for
"where" after "(A)" and "(B)", inserted ", nursing home care, or
domiciliary care", struck out "hospital" after "treatment incident
to such", and substituted "from such treatment" for "from in-
hospital treatment".
1982 - Subsec. (a). Pub. L. 97-295, Sec. 4(17)(A), (B), inserted
"of this section" after "subsection (b)", and substituted
"facilities)" for "facilities" after "sanitary".
Subsec. (f)(2). Pub. L. 97-295, Sec. 4(17)(C), substituted
"percent" for "per centum".
Subsec. (h). Pub. L. 97-295, Sec. 4(17)(D), inserted "of this
title" after "chapter 11".
Subsec. (i). Pub. L. 97-295, Sec. 4(17)(E), substituted "The" for
"Not later than ninety days after the effective date of this
subsection, the" at the beginning.
Subsec. (j). Pub. L. 97-295, Sec. 4(95)(A), substituted "Health
and Human Services" for "Health, Education, and Welfare".
1981 - Subsec. (b). Pub. L. 97-72, Sec. 103(a), divided existing
provisions into pars. (1), (2), (3), and (4), redesignated cls. (1)
through (8) as subpars. (A) through (H) of par. (1) as
redesignated, made internal substitutions reflecting new number and
letter designations, and, in par. (1)(B) as redesignated, inserted
provisions set out in par. (1)(B)(ii), (iii)(I), and (iv).
Pub. L. 97-37, Sec. 3(b), in cl. (7) substituted "from which a
veteran who is a former prisoner of war and who was detained or
interned for a period of not less than six months is suffering" for
"from which any veteran of World War I, World War II, the Korean
conflict, or the Vietnam era who was held as a prisoner of war for
a period of not less than six months is suffering".
Pub. L. 97-35 inserted provisions requiring the Secretary
concerned to furnish a discharged or released member of the Armed
Forces a written explanation concerning the provisions of cl. (2)
of this subsection, and in cl. (2) added subcl. (B) and (D), and
redesignated former subcl. (B) as (C) and, as so redesignated,
substituted "90 days" for "one year" in two places.
Subsec. (c). Pub. L. 97-72, Sec. 103(b)(1), substituted
"paragraph (1)(B)" for "clause (2)".
Subsec. (f). Pub. L. 97-72, Sec. 103(b)(2), substituted "clause
(G) of subsection (b)(1)" for "subsection (b)(7)".
Subsec. (f)(3). Pub. L. 97-37, Sec. 5(b), added cl. (3).
Subsec. (i)(4). Pub. L. 97-72, Sec. 102(b), designated existing
provisions relating to former prisoners of war as cl. (A) and added
cl. (B) relating to veterans who are eligible for care under
section 610(a)(5) of this title.
Pub. L. 97-37, Sec. 5(c), added cl. (4). Former cl. (4)
redesignated (5).
Subsec. (i)(5). Pub. L. 97-37, Sec. 5(c)(1), redesignated former
cl. (4) as (5).
1979 - Subsec. (b). Pub. L. 96-151, Sec. 203, inserted provisions
relating to the total amount the Administrator may expend.
Pub. L. 96-22, Sec. 102(b)(1), added pars. (7) and (8) and
inserted provisions following par. (8).
Subsec. (f). Pub. L. 96-22, Sec. 102(b)(2), authorized the
Administrator to furnish outpatient dental services and treatment,
and related appliances, to any veteran described in subsec. (b)(7)
of this section.
Subsec. (g). Pub. L. 96-151, Sec. 204, inserted provisions
relating to particular applicability to Mexican border period or
World War I veterans, and provisions relating to furnishing by the
Administrator of home health care services.
Subsec. (i)(3). Pub. L. 96-22, Sec. 101, inserted "(including any
veteran being examined to determine the existence or rating of a
service-connected disability)" after "with a disability rated as
service connected".
1978 - Subsec. (h). Pub. L. 95-588 substituted "$1,000" for
"$500".
1976 - Subsec. (a). Pub. L. 94-581, Secs. 103(a)(1),
210(a)(3)(A), inserted provisions which authorized the
Administrator to furnish such home health services as the
Administrator finds to be necessary or appropriate for the
effective and economical treatment of the disability (including
only such improvements and structural alterations the cost of which
does not exceed $2,500 (or reimbursement up to such amount) as are
necessary to assure the continuation of treatment for the
disability or to provide access to the home or to essential
lavatory and sanitary facilities), and in the existing provisions
substituted "as the Administrator finds" for "as he finds".
Subsec. (b). Pub. L. 94-581, Sec. 103(a)(2), added par. (5) and
redesignated former par. (5) as (6).
Subsec. (d). Pub. L. 94-581, Sec. 210(a)(3)(B), substituted
"procured by the Administrator" for "procured by him" and
"whichever the Administrator determines" for "whichever he
determines".
Subsec. (e). Pub. L. 94-581, Sec. 202(f)(1), substituted "Indian
Wars" for "Indian wars".
Subsec. (f). Pub. L. 94-581, Secs. 103(a)(3)-(7), 202(f)(2),
substituted "within the limits of Veterans' Administration
facilities, may furnish" for "may also furnish" in provisions
preceding par. (1), substituted "or (to the extent that facilities
are available) to obviate" for "or to obviate" in cl. (A) of par.
(1), substituted "furnished" for "granted" in existing provisions
of cl. (B) of par. (1) and inserted "(for a period not in excess of
twelve months after discharge from in-hospital treatment, except
where the Administrator finds that a longer period is required by
virtue of the disability being treated)" at end, substituted "50
per centum" for "80 per centum" in par. (2), and inserted, after
par. (2), provision authorizing the Administrator to furnish to the
veteran such home health services as the Administrator determines
to be necessary or appropriate for the effective and economical
treatment of a disability of the veteran (including only such
improvements and structural alterations the cost of which does not
exceed $600 (or reimbursement up to such amount) as are necessary
to assure the continuation of treatment or provide access to the
home or to essential lavatory and sanitary facilities).
Subsec. (g). Pub. L. 94-581, Secs. 202(f)(3), 210(a)(3)(C),
inserted ", within the limits of Veterans' Administration
facilities," after "the Administrator" and substituted "as the
Administrator finds" for "as he finds".
Subsec. (h). Pub. L. 94-581, Sec. 210(a)(3)(D), substituted "such
veteran's annual income is greater" for "his annual income is
greater" and "such veteran's annual income does not exceed" for
"his annual income does not exceed".
Subsecs. (i), (j). Pub. L. 94-581, Sec. 103(a)(8), added subsecs.
(i) and (j).
1973 - Subsec. (f). Pub. L. 93-82 substituted provisions relating
to the furnishing of medical services for any disability on an
outpatient or ambulatory basis to veterans eligible for hospital
care where such services are necessary in preparation for, or to
obviate the need of, hospital admission, or where such veteran has
been granted hospital care and such medical services are reasonably
necessary to complete treatment incident to such hospital care and
to veterans who have a service-connected disability rated at 80 per
centum or more for provisions relating to the furnishing of medical
services for a non-service connected disability where such care is
reasonably necessary in preparation for admission of a veteran who
has been determined to need hospital care and who has been
scheduled for admission, where a veteran has been granted hospital
care, and outpatient care is reasonably necessary to complete
treatment incident to such hospital care, and where a veteran of
any war has a total disability permanent in nature resulting from a
service-connected disability.
1970 - Subsec. (g). Pub. L. 91-500, Sec. 2, extended the
authority of the Administrator to furnish medical services as he
finds necessary to veterans permanently housebound or receiving
pension or compensation based on need of regular aid and attendance
and struck out conditions limiting such medical care to veterans
hospitalized or suffering from one or more of the six specific
conditions or diseases enumerated.
Subsec. (h). Pub. L. 91-588 inserted reference to Mexican border
period and authorized the Administrator to continue furnishing
drugs and medicine so ordered by any veteran in need of regular aid
and attendance whose pension payments have been discontinued solely
because his annual income is greater than the applicable maximum
annual income limitation, but only so long as his annual income
does not exceed such maximum annual income limitation by more than
$500.
Pub. L. 91-500, Sec. 3, authorized furnishing of drugs and
medicines to veterans receiving additional compensation or
allowance or increased pension by reason of being "permanently
housebound".
1969 - Subsec. (f)(3). Pub. L. 91-102 added par. (3).
1967 - Subsec. (h). Pub. L. 90-77 imposed the obligation of
furnishing drugs and medicines on the Administrator and extended
such medical benefits to veterans receiving additional compensation
under chapter 11 and veterans of the Vietnam era.
1964 - Subsec. (b)(2). Pub. L. 88-430 permitted an application
for treatment to be made within one year after a disqualifying
discharge or release has been corrected, or the date of enactment
of this exception, whichever is later.
Subsec. (g). Pub. L. 88-450 added subsec. (g).
Subsec. (h). Pub. L. 88-664 added subsec. (h).
1962 - Subsec. (a). Pub. L. 87-583 provided for medical service
to any veteran for a service-connected disability instead of to a
veteran of any war, to a veteran discharged or released from the
active military, naval, or air service for a disability incurred or
aggravated in line of duty, or to a person who is in receipt of,
but for the receipt of retirement pay would be entitled to,
disability compensation.
1961 - Subsecs. (b)(5), (e). Pub. L. 87-377 inserted "or Indian
wars" after "Spanish-American War".
1960 - Subsec. (f). Pub. L. 86-639 added subsec. (f).
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-210 effective as of Aug. 2, 1990, see
section 1(c)(1) of Pub. L. 103-210, set out as a note under section
1710 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-508 to remain in effect through the
period covered by Pub. L. 102-145, see section 111 of Pub. L. 102-
145, set out as a note under section 1710 of this title.
Amendment by Pub. L. 101-508 to remain in effect through the
period covered by Pub. L. 102-109, see section 111 of Pub. L. 102-
109, set out as a note under section 1710 of this title.
Amendment by Pub. L. 101-508 applicable with respect to hospital
care and medical services received after Nov. 5, 1990, see section
8013(d) of Pub. L. 101-508, as amended, set out as a note under
section 1710 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 101(a)-(c), (d)(2), (e)(1), (2), (f),
(g)(1), (h)(1) of Pub. L. 100-322 applicable with respect to
furnishing of medical services to veterans who apply for such
services after June 30, 1988, see section 101(i) of Pub. L. 100-
322, set out as a note under section 1703 of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendment by section 237(b)(2) of Pub. L. 99-576 effective Apr.
7, 1986, see section 237(c) of Pub. L. 99-576, set out as a note
under section 1710 of this title.
Amendment by section 19011(b) of Pub. L. 99-272 applicable to
hospital care, nursing home care, and medical services furnished on
or after July 1, 1986, see section 19011(f) of Pub. L. 99-272, set
out as a note under section 1710 of this title.
EFFECTIVE DATE OF 1981 AMENDMENTS
Amendment by section 5(b), (c) of Pub. L. 97-37 effective Oct. 1,
1981, see section 5(d) of Pub. L. 97-37, set out as a note under
section 1710 of this title.
Section 2002(b) of Pub. L. 97-35 provided that:
"(b)(1) The amendments made by clauses (1)(A), (1)(C), and (2) of
subsection (a) [amending this section] shall take effect on October
1, 1981.
"(2) The amendment made by clause (1)(B) of subsection (a)
[amending this section] shall apply only to veterans discharged or
released from active military, naval, or air service after
September 30, 1981."
EFFECTIVE DATE OF 1979 AMENDMENTS
Amendment by Pub. L. 96-151 effective Jan. 1, 1980, see section
206 of Pub. L. 96-151, set out as a note under section 111 of this
title.
Amendment by section 102(b) of Pub. L. 96-22 effective Oct. 1,
1979, see section 107 of Pub. L. 96-22, set out as a note under
section 1701 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section
501 of Pub. L. 93-82, set out as a note under section 1701 of this
title.
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
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 1964 AMENDMENT
Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section
11 of Pub. L. 88-664, set out as a note under section 1503 of this
title.
SAVINGS PROVISION
Provisions of subsec. (a) of this section, as in effect on Oct.
8, 1996, to continue to apply on and after such date with respect
to furnishing of hospital care, nursing home care, and medical
services for any veteran who was furnished such care before Oct. 9,
1996, on the basis of presumed exposure to a substance of
radiation, but only for treatment for disability for which such
care or services were furnished before Oct. 9, 1996, see section
102(b) of Pub. L. 104-262, set out as a note under section 1710 of
this title.
PILOT PROGRAM ON PROVISION OF DENTAL INSURANCE PLANS TO VETERANS
AND SURVIVORS AND DEPENDENTS OF VETERANS
Pub. L. 111-163, title V, Sec. 510, May 5, 2010, 124 Stat. 1162,
provided that:
"(a) Pilot Program Required. - The Secretary of Veterans Affairs
shall carry out a pilot program to assess the feasibility and
advisability of providing a dental insurance plan to veterans and
survivors and dependents of veterans described in subsection (b).
"(b) Covered Veterans and Survivors and Dependents. - The
veterans and survivors and dependents of veterans described in this
subsection are as follows:
"(1) Any veteran who is enrolled in the system of annual
patient enrollment under section 1705 of title 38, United States
Code.
"(2) Any survivor or dependent of a veteran who is eligible for
medical care under section 1781 of such title.
"(c) Duration of Program. - The pilot program shall be carried
out during the 3-year period beginning on the date that is 270 days
after the date of the enactment of this Act [May 5, 2010].
"(d) Locations. - The pilot program shall be carried out in such
Veterans Integrated Services Networks as the Secretary considers
appropriate for purposes of the pilot program.
"(e) Administration. - The Secretary shall contract with a dental
insurer to administer the dental insurance plan provided under the
pilot program.
"(f) Benefits. - The dental insurance plan under the pilot
program shall provide such benefits for dental care and treatment
as the Secretary considers appropriate for the dental insurance
plan, including diagnostic services, preventative services,
endodontics and other restorative services, surgical services, and
emergency services.
"(g) Enrollment. -
"(1) Voluntary. - Enrollment in the dental insurance plan under
the pilot program shall be voluntary.
"(2) Minimum period. - Enrollment in the dental insurance plan
shall be for such minimum period as the Secretary shall prescribe
for purposes of this section.
"(h) Premiums. -
"(1) In general. - Premiums for coverage under the dental
insurance plan under the pilot program shall be in such amount or
amounts as the Secretary shall prescribe to cover all costs
associated with the pilot program.
"(2) Annual adjustment. - The Secretary shall adjust the
premiums payable under the pilot program for coverage under the
dental insurance plan on an annual basis. Each individual covered
by the dental insurance plan at the time of such an adjustment
shall be notified of the amount and effective date of such
adjustment.
"(3) Responsibility for payment. - Each individual covered by
the dental insurance plan shall pay the entire premium for
coverage under the dental insurance plan, in addition to the full
cost of any copayments.
"(i) Voluntary Disenrollment. -
"(1) In general. - With respect to enrollment in the dental
insurance plan under the pilot program, the Secretary shall -
"(A) permit the voluntary disenrollment of an individual in
the dental insurance plan if the disenrollment occurs during
the 30-day period beginning on the date of the enrollment of
the individual in the dental insurance plan; and
"(B) permit the voluntary disenrollment of an individual in
the dental insurance plan for such circumstances as the
Secretary shall prescribe for purposes of this subsection, but
only to the extent such disenrollment does not jeopardize the
fiscal integrity of the dental insurance plan.
"(2) Allowable circumstances. - The circumstances prescribed
under paragraph (1)(B) shall include the following:
"(A) If an individual enrolled in the dental insurance plan
relocates to a location outside the jurisdiction of the dental
insurance plan that prevents use of the benefits under the
dental insurance plan.
"(B) If an individual enrolled in the dental insurance plan
is prevented by a serious medical condition from being able to
obtain benefits under the dental insurance plan.
"(C) Such other circumstances as the Secretary shall
prescribe for purposes of this subsection.
"(3) Establishment of procedures. - The Secretary shall
establish procedures for determinations on the permissibility of
voluntary disenrollments under paragraph (1)(B). Such procedures
shall ensure timely determinations on the permissibility of such
disenrollments.
"(j) Relationship to Dental Care Provided by Secretary. - Nothing
in this section shall affect the responsibility of the Secretary to
provide dental care under section 1712 of title 38, United States
Code, and the participation of an individual in the dental
insurance plan under the pilot program shall not affect the
individual's entitlement to outpatient dental services and
treatment, and related dental appliances, under that section.
"(k) Regulations. - The dental insurance plan under the pilot
program shall be administered under such regulations as the
Secretary shall prescribe."
RATIFICATION OF ACTIONS DURING PERIOD OF EXPIRED AUTHORITY
Any action taken by Secretary of Veterans Affairs before Feb. 13,
1996, under provision of law amended by title I of Pub. L. 104-110
that was taken during period beginning on date on which authority
of Secretary under such provision of law expired and ending on Feb.
13, 1996, considered to have same force and effect as if such
amendment had been in effect at time of that action, see section
103 of Pub. L. 104-110, set out as a note under section 1710 of
this title.
DISABILITY OF VETERANS OF SPANISH-AMERICAN WAR
Section 101(g)(2) of Pub. L. 100-322, as amended by Pub. L. 102-
83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: "Any
disability of a veteran of the Spanish-American War, upon
application for outpatient medical services under section 1712 or
1724 of title 38, United States Code, shall be considered for the
purposes thereof to be a service-connected disabilty [sic] and, for
the purposes of section 1712(b) of such title, to be compensable in
degree."
PILOT PROGRAM OF MOBILE HEALTH-CARE CLINICS
Section 113 of Pub. L. 100-322 authorized Administrator of
Veterans' Affairs to conduct a pilot program under which eligible
veterans residing in areas which are at least 100 miles from the
nearest Veterans' Administration health-care facility are furnished
health-care services at a location convenient to their residences
by Veterans' Administration employees furnishing such services
through the use of appropriately equipped mobile health-care
clinics, provided that the pilot program be conducted for a period
of not less than 24 months, and required Administrator to submit to
Committees on Veterans' Affairs of Senate and House of
Representatives interim and final reports on the project.
PILOT PROGRAM OF COMMUNITY-BASED RESIDENTIAL CARE FOR HOMELESS
CHRONICALLY MENTALLY ILL AND OTHER VETERANS
Section 115(a)-(f) of Pub. L. 100-322, as amended by Pub. L. 101-
237, title II, Sec. 201(c), Dec. 18, 1989, 103 Stat. 2066; Pub. L.
102-83, Secs. 5(c)(2), 6(j)(1), Aug. 6, 1991, 105 Stat. 406, 409;
Pub. L. 102-405, title I, Sec. 107(h), Oct. 9, 1992, 106 Stat.
1978; Pub. L. 103-452, title I, Sec. 103(e), Nov. 2, 1994, 108
Stat. 4787; Pub. L. 104-110, title I, Sec. 102(a), Feb. 13, 1996,
110 Stat. 769; Pub. L. 104-275, title VI, Sec. 601(a), Oct. 9,
1996, 110 Stat. 3344, provided for a pilot program to provide care
and treatment in community-based facilities to homeless veterans
suffering from chronic mental illness, prior to repeal by Pub. L.
105-114, title II, Sec. 202(c)(4), Nov. 21, 1997, 111 Stat. 2287.
REPORT ON TREATMENT AND SERVICES FOR CHRONICALLY MENTALLY ILL
VETERANS
Section 114 of Pub. L. 100-322 directed that the report required
by section 235 of Pub. L. 99-576 [see below] include additional
information about veterans being treated by the Veterans'
Administration for mental illness disabilities who were furnished
hospital, domiciliary, or nursing home care by the Administrator
during fiscal years 1986, 1987, and 1988, and extended the deadline
for submission of the report to not later than Dec. 15, 1988.
Section 235 of Pub. L. 99-576 directed Administrator to submit to
Committees on Veterans' Affairs of Senate and House of
Representatives not later than Dec. 15, 1987, a report on
Administrator's current use of authority to contract for care and
treatment, and for rehabilitative services, for chronically
mentally ill veterans through various types of facilities and to
furnish home health services to such veterans in such veterans'
homes or in other settings in which they reside.
VETERANS DISCHARGED OR RELEASED FROM ACTIVE SERVICE WHO REENTERED
SUCH SERVICE WITHIN ONE YEAR, AND WERE DISCHARGED OR RELEASED
BEFORE AUGUST 13, 1981
Section 103(c) of Pub. L. 97-72, as amended by Pub. L. 102-83,
Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:
"(1) Section 1712(b)(1)(B)(iii)(I) [now 1712(a)(1)(B)(iii)(I),
formerly 612(b)(1)(B)(iii)(I)] of title 38, United States Code,
shall apply only to veterans discharged or released from active
military, naval, or air service after August 12, 1981.
"(2) A veteran who before August 13, 1981 -
"(A) was discharged or released from active military, naval, or
air service,
"(B) reentered such service within one year after the date of
such discharge or release, and
"(C) was discharged or released from such subsequent service,
may be provided dental services and treatment in the same manner as
provided for in section 1712(b) [now 1712(a), formerly 612(b)] of
title 38, United States Code, if the veteran is otherwise eligible
for such services and treatment and if application for such
services and treatment is or was made within one year from the date
of such subsequent discharge or release."
STUDY OF HOME MODIFICATIONS FOR TOTALLY BLINDED SERVICE-CONNECTED
VETERANS; REPORT NOT LATER THAN OCTOBER 1, 1979
Section 505 of Pub. L. 96-22 directed Administrator of Veterans'
Affairs to submit a report to Committees on Veterans' Affairs of
Senate and House of Representatives not later than Oct. 1, 1979, on
needs of veterans who are totally blind from service-connected
causes for home modifications the cost of which would exceed the
amount allowable for such purposes under subsec. (a) of this
section and on reasons why such veterans have not applied for home
health services.
ANNUAL REPORT TO CONGRESS ON RESULTS OF REGULATIONS PRESCRIBED TO
CARRY OUT SPECIAL PRIORITIES IN FURNISHING MEDICAL SERVICES
Section 103(b) of Pub. L. 94-581, as amended by Pub. L. 100-527,
Sec. 10(1), Oct. 25, 1988, 102 Stat. 2640; Pub. L. 102-83, Sec.
5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that not later than
one year after Oct. 21, 1976, and annually thereafter, the
Secretary of Veterans Affairs was to report to the Congress on the
results of the regulations prescribed to carry out former subsec.
(i) of this section.
NOTIFICATION TO ELIGIBLE INDIVIDUALS OF EXPANDED CARE AND SERVICES
AVAILABLE AS RESULT OF AMENDMENTS BY VETERANS OMNIBUS HEALTH CARE
ACT OF 1976
Section 117(b) of Pub. L. 94-581 directed Administrator, not
later than ninety days after Oct. 21, 1976, to take all appropriate
steps to ensure that each individual eligible for new or expanded
services as a result of amendments made by Veterans Omnibus Health
Care Act of 1976 (Pub. L. 94-581) was personally notified about his
or her eligibility and the way to secure care and services and
directed Administrator to send copies of all notification forms to
appropriate House and Senate committees, along with a description
of how the forms were distributed.
-End-
-CITE-
38 USC Sec. 1712A 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1712A. Eligibility for readjustment counseling and related
mental health services
-STATUTE-
(a)(1)(A) Upon the request of any veteran referred to in
subparagraph (B), the Secretary shall furnish counseling to the
veteran to assist the veteran in readjusting to civilian life. Such
counseling may include a general mental and psychological
assessment of the veteran to ascertain whether such veteran has
mental or psychological problems associated with readjustment to
civilian life.
(B) Subparagraph (A) applies to the following veterans:
(i) Any veteran who served on active duty -
(I) in a theater of combat operations (as determined by the
Secretary in consultation with the Secretary of Defense) during
the Vietnam era; or
(II) after May 7, l975, in an area at a time during which
hostilities occurred in that area.
(ii) Any veteran (other than a veteran covered by clause (i))
who served on active duty during the Vietnam era who seeks or is
furnished such counseling before January 1, 2004.
(iii) Any veteran who served on active duty -
(I) in a theater of combat operations (as determined by the
Secretary in consultation with the Secretary of Defense) during
a period of war after the Persian Gulf War; or
(II) in combat against a hostile force during a period of
hostilities (as defined in paragraph (2)(B)) after November 11,
1998.
(2)(A) Upon the request of any veteran (other than a veteran
covered by paragraph (1)) who served in the active military, naval,
or air service in a theater of combat operations (as so determined)
during a period of war, or in any other area during a period in
which hostilities (as defined in subparagraph (B)) occurred in such
area, the Secretary may furnish counseling to the veteran to assist
the veteran in readjusting to civilian life.
(B) For the purposes of subparagraph (A), the term "hostilities"
means an armed conflict in which the members of the Armed Forces
are subjected to danger comparable to the danger to which members
of the Armed Forces have been subjected in combat with enemy armed
forces during a period of war, as determined by the Secretary in
consultation with the Secretary of Defense.
(3) Upon request of a veteran described in paragraph (1)(B)(iii),
the Secretary shall provide the veteran a preliminary general
mental health assessment as soon as practicable after receiving the
request, but not later than 30 days after receiving the request.
(b)(1) If, on the basis of the assessment furnished under
subsection (a) of this section, a physician or psychologist
employed by the Department (or, in areas where no such physician or
psychologist is available, a physician or psychologist carrying out
such function under a contract or fee arrangement with the
Secretary) determines that the provision of mental health services
to such veteran is necessary to facilitate the successful
readjustment of the veteran to civilian life, such veteran shall,
within the limits of Department facilities, be furnished such
services on an outpatient basis. For the purposes of furnishing
such mental health services, the counseling furnished under
subsection (a) of this section shall be considered to have been
furnished by the Department as a part of hospital care. Any
hospital care and other medical services considered necessary on
the basis of the assessment furnished under subsection (a) of this
section shall be furnished only in accordance with the eligibility
criteria otherwise set forth in this chapter (including the
eligibility criteria set forth in section 1784 of this title).
(2) Mental health services furnished under paragraph (1) of this
subsection may, if determined to be essential to the effective
treatment and readjustment of the veteran, include such
consultation, counseling, training, services, and expenses as are
described in sections 1782 and 1783 of this title.
(c) Upon receipt of a request for counseling under this section
from any individual who has been discharged or released from active
military, naval, or air service but who is not otherwise eligible
for such counseling, the Secretary shall -
(1) provide referral services to assist such individual, to the
maximum extent practicable, in obtaining mental health care and
services from sources outside the Department; and
(2) if pertinent, advise such individual of such individual's
rights to apply to the appropriate military, naval, or air
service, and to the Department, for review of such individual's
discharge or release from such service.
(d) The Under Secretary for Health may provide for such training
of professional, paraprofessional, and lay personnel as is
necessary to carry out this section effectively, and, in carrying
out this section, may utilize the services of paraprofessionals,
individuals who are volunteers working without compensation, and
individuals who are veteran-students (as described in section 3485
of this title) in initial intake and screening activities.
(e)(1) In furnishing counseling and related mental health
services under subsections (a) and (b) of this section, the
Secretary shall have available the same authority to enter into
contracts with private facilities that is available to the
Secretary (under sections 1703(a)(2) and 1710(a)(1)(B) of this
title) in furnishing medical services to veterans suffering from
total service-connected disabilities.
(2) Before furnishing counseling or related mental health
services described in subsections (a) and (b) of this section
through a contract facility, as authorized by this subsection, the
Secretary shall approve (in accordance with criteria which the
Secretary shall prescribe by regulation) the quality and
effectiveness of the program operated by such facility for the
purpose for which the counseling or services are to be furnished.
(3) The authority of the Secretary to enter into contracts under
this subsection shall be effective for any fiscal year only to such
extent or in such amounts as are provided in appropriation Acts.
(f) The Secretary, in cooperation with the Secretary of Defense,
shall take such action as the Secretary considers appropriate to
notify veterans who may be eligible for assistance under this
section of such potential eligibility.
(g) For the purposes of this section:
(1) The term "center" means a facility which is operated by the
Department for the provision of services under this section and
which (A) is situated apart from Department general health-care
facilities, or (B) was so situated but has been relocated to a
Department general health-care facility.
(2) The term "Department general health-care facility" means a
health-care facility which is operated by the Department for the
furnishing of health-care services under this chapter, not
limited to services provided through the program established
under this section.
-SOURCE-
(Added Pub. L. 96-22, title I, Sec. 103(a)(1), June 13, 1979, 93
Stat. 48, Sec. 612A; amended Pub. L. 96-128, title V, Sec. 501(b),
Nov. 28, 1979, 93 Stat. 987; Pub. L. 97-72, title I, Sec.
104(a)(1), (b), Nov. 3, 1981, 95 Stat. 1049; Pub. L. 98-160, title
I, Sec. 101, Nov. 21, 1983, 97 Stat. 993; Pub. L. 99-166, title I,
Secs. 105, 106, Dec. 3, 1985, 99 Stat. 944, 945; Pub. L. 99-272,
title XIX, Secs. 19011(d)(4), 19012(c)(3), Apr. 7, 1986, 100 Stat.
379, 382; Pub. L. 99-576, title II, Sec. 204, title VII, Sec.
702(6), Oct. 28, 1986, 100 Stat. 3255, 3302; Pub. L. 100-322, title
I, Sec. 107(a)-(e), May 20, 1988, 102 Stat. 494-496; Pub. L. 100-
687, div. B, title XV, Sec. 1501(a), Nov. 18, 1988, 102 Stat.
4132; Pub. L. 102-25, title III, Sec. 334(d), Apr. 6, 1991, 105
Stat. 89; Pub. L. 102-54, Sec. 14(b)(11), June 13, 1991, 105 Stat.
283; renumbered Sec. 1712A and amended Pub. L. 102-83, Secs.
4(a)(3), (4), (b)(1), (2)(E), (6), 5(a), (c)(1), Aug. 6, 1991, 105
Stat. 404-406; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9,
1992, 106 Stat. 1984; Pub. L. 104-262, title I, Sec. 101(d)(5),
title III, Sec. 331, Oct. 9, 1996, 110 Stat. 3180, 3197; Pub. L.
106-117, title II, Sec. 205(a), Nov. 30, 1999, 113 Stat. 1563; Pub.
L. 107-135, title II, Sec. 208(e)(3)(A), Jan. 23, 2002, 115 Stat.
2463; Pub. L. 110-181, div. A, title XVII, Sec. 1708(b), Jan. 28,
2008, 122 Stat. 494; Pub. L. 110-387, title IX, Sec. 901(a)(1),
Oct. 10, 2008, 122 Stat. 4142; Pub. L. 111-163, title IV, Sec. 402,
May 5, 2010, 124 Stat. 1156.)
-MISC1-
AMENDMENTS
2010 - Subsecs. (c) to (g). Pub. L. 111-163 added subsec. (c) and
redesignated former subsecs. (c) to (f) as (d) to (g),
respectively.
2008 - Subsec. (a)(1)(B)(iii). Pub. L. 110-181, Sec. 1708(b)(1),
added cl. (iii).
Subsec. (a)(3). Pub. L. 110-181, Sec. 1708(b)(2), added par. (3).
Subsecs. (c) to (e). Pub. L. 110-387, Sec. 901(a)(1)(B),
redesignated subsecs. (d) to (f) as (c) to (e), respectively.
Subsec. (f). Pub. L. 110-387, Sec. 901(a)(1)(B), (C),
redesignated subsec. (i) as (f) and struck out "(including a
Resource Center designated under subsection (h)(3)(A) of this
section)" after "means a facility" in par. (1). Former subsec. (f)
redesignated (e).
Subsec. (g). Pub. L. 110-387, Sec. 901(a)(1)(A), struck out
subsec. (g) which related to criteria for the closure or relocation
of a center for readjustment counseling and related mental health
services in existence on Jan. 1, 1988, and the submission of
reports by the Secretary on the effectiveness of such services
provided to Vietnam veterans and on a national plan for all centers
in existence on Jan. 1, 1988.
Subsec. (i). Pub. L. 110-387, Sec. 901(a)(1)(B), redesignated
subsec. (i) as (f).
2002 - Subsec. (b). Pub. L. 107-135 substituted "section 1784"
for "section 1711(b)" in par. (1) and "sections 1782 and 1783" for
"section 1701(6)(B)" in par. (2).
1999 - Subsec. (a)(1)(B)(ii). Pub. L. 106-117 substituted
"January 1, 2004" for "January 1, 2000".
1996 - Subsec. (a). Pub. L. 104-262, Sec. 331(a), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows:
"(a)(1) Upon the request of any veteran who served on active duty
during the Vietnam era, the Secretary shall, within the limits of
Department facilities, furnish counseling to such veteran to assist
such veteran in readjusting to civilian life. Such counseling shall
include a general mental and psychological assessment to ascertain
whether such veteran has mental or psychological problems
associated with readjustment to civilian life.
"(2)(A) The Secretary shall furnish counseling as described in
paragraph (1), upon request, to any veteran who served on active
duty after May 7, 1975, in an area at a time during which
hostilities occurred in such area.
"(B) For the purposes of subparagraph (A) of this paragraph, the
term 'hostilities' means an armed conflict in which members of the
Armed Forces are subjected to danger comparable to the danger to
which members of the Armed Forces have been subjected in combat
with enemy armed forces during a period of war, as determined by
the Secretary in consultation with the Secretary of Defense."
Subsec. (b)(1). Pub. L. 104-262, Sec. 101(d)(5)(A), struck out
"under the conditions specified in section 1712(a)(5)(B) of this
title" after "furnished such services on an outpatient basis".
Subsec. (c). Pub. L. 104-262, Sec. 331(b), struck out subsec. (c)
which read as follows: "Upon receipt of a request for counseling
under this section from any individual who has been discharged or
released from active military, naval, or air service but who is not
eligible for such counseling, the Secretary shall -
"(1) provide referral services to assist such individual, to
the maximum extent practicable, in obtaining mental health care
and services from sources outside the Department; and
"(2) if pertinent, advise such individual of such individual's
rights to apply to the appropriate military, naval, or air
service and the Department for review of such individual's
discharge or release from such service."
Subsec. (e)(1). Pub. L. 104-262, Sec. 101(d)(5)(B), substituted
"sections 1703(a)(2) and 1710(a)(1)(B)" for "sections 1712(a)(1)(B)
and 1703(a)(2)".
1992 - Subsecs. (d), (g)(3)(A). Pub. L. 102-405 substituted
"Under Secretary for Health" for "Chief Medical Director".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 612A of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in par. (1).
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" in par. (1).
Pub. L. 102-25 designated existing provisions as par. (1) and
added par. (2).
Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted
"1712(a)(5)(B)" for "612(a)(5)(B)" and "1711(b)" for "611(b)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" wherever appearing.
Pub. L. 102-54 substituted "section 612(a)(5)(B)" for "paragraph
(1)(A)(ii) of section 612(f)".
Subsec. (b)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted
"1701(6)(B)" for "601(6)(B)".
Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in introductory provisions.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" in pars. (1) and (2).
Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "3485" for
"1685".
Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted
"1712(a)(1)(B) and 1703(a)(2)" for "612(a)(1)(B) and 603(a)(2)" in
par. (1).
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" wherever appearing.
Subsec. (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in two places.
Subsec. (g). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" and "Secretary's" for
"Administrator's" wherever appearing.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" wherever appearing.
Subsec. (h). Pub. L. 102-83, Sec. 4(b)(6), struck out subsec. (h)
which related to carrying out a pilot program to provide and
coordinate services to meet the readjustment needs of veterans on
active duty during the Vietnam era.
Subsec. (i). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
"Department" for "Veterans' Administration" wherever appearing.
1988 - Subsec. (g)(1). Pub. L. 100-322, Sec. 107(a), amended par.
(1) generally. Prior to amendment, par. (1) read as follows:
"During the 24-month period ending on September 30, 1989, the
Administrator shall take appropriate steps to ensure -
"(A) the orderly, gradual transition, by October 1, 1989, of
that part of the program established under this section for the
provision of readjustment counseling services by Veterans'
Administration personnel from a program providing such services
primarily through centers located in facilities situated apart
from the health-care facilities operated by the Veterans'
Administration for the provision of other health-care services
under other provisions of this chapter to a program providing
readjustment counseling services primarily through such health-
care facilities; and
"(B) the continued availability after such date of readjustment
counseling and related mental health services under this section
to veterans eligible for the provision of such counseling and
services who request such counseling."
Subsec. (g)(1)(A). Pub. L. 100-687, Sec. 1501(a)(1), substituted
"Except as provided in subparagraph (C) of this paragraph, the" for
"The".
Subsec. (g)(1)(C). Pub. L. 100-687, Sec. 1501(a)(2), added
subpar. (C).
Subsec. (g)(2)(A). Pub. L. 100-322, Sec. 107(b), substituted
"April 1, 1988" for "April 1, 1987" and struck out "(or, if the
study is not then completed, whatever information from it is then
available)" after "(Public Law 98-160)".
Subsec. (g)(2)(B)(i). Pub. L. 100-322, Sec. 107(e)(1)(A),
substituted "in centers is needed" for "in a program providing such
services through facilities situated apart from Veterans'
Administration health-care facilities is needed".
Subsec. (g)(2)(B)(ii). Pub. L. 100-322, Sec. 107(e)(1)(B),
substituted "this subsection" for "paragraph (1) of this
subsection".
Subsec. (g)(3) to (5). Pub. L. 100-322, Sec. 107(c), added pars.
(3) to (5) and struck out former pars. (3) and (4) which read as
follows:
"(3) Not later than July 1, 1987, the Administrator shall submit
to such committees a report containing a description of the plans
made and timetable for carrying out paragraph (1) of this
subsection. Such report shall be prepared taking into consideration
the results of the study referred to in paragraph (2)(A) of this
subsection (or, if the study is not then completed, whatever
information from it is then available).
"(4) Not later than February 1, 1989, the Administrator shall
submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report on the experience under as much
of the transition as was carried out pursuant to paragraph (1) of
this subsection before September 30, 1988, including such
recommendations for legislative and administrative action as the
Administrator considers appropriate in light of such experience."
Subsec. (h)(3)(B). Pub. L. 100-322, Sec. 107(e)(2)(A),
substituted "referred to as 'Resource Centers')" for "referred to
as 'Centers')".
Subsec. (h)(4), (5). Pub. L. 100-322, Sec. 107(e)(2)(B),
substituted "Resource Center" for "Center" wherever appearing.
Subsec. (i). Pub. L. 100-322, Sec. 107(d), added subsec. (i).
1986 - Subsec. (b)(1). Pub. L. 99-272, Sec. 19011(d)(4)(A),
substituted "paragraph (1)(A)(ii)" for "clause (1)(B)".
Subsec. (e)(1). Pub. L. 99-272, Sec. 19012(c)(3), substituted
"603(a)(2)" for "601(4)(C)(ii)".
Pub. L. 99-272, Sec. 19011(d)(4)(B), substituted "612(a)(1)(B)"
for "612(f)(2)".
Subsec. (g)(1). Pub. L. 99-576, Sec. 204(a), substituted "the 24-
month period ending on September 30, 1989" for "the twelve-month
period ending on September 30, 1988" in introductory provision, and
substituted "orderly, gradual transition by October 1, 1989" for
"orderly transition, by October 1, 1988" in subpar. (A).
Subsec. (g)(2)(A). Pub. L. 99-576, Sec. 204(b)(1), inserted
"(Pub. L. 98-160) (or, if the study is not then completed, whatever
information from it is then available)" after "the Veterans' Health
Care Amendments of 1983".
Subsec. (g)(3). Pub. L. 99-576, Sec. 204(b)(2), inserted at end
"Such report shall be prepared taking into consideration the
results of the study referred to in paragraph (2)(A) of this
subsection (or, if the study is not then completed, whatever
information from it is then available)."
Subsec. (g)(4). Pub. L. 99-576, Sec. 204(c), added par. (4).
Subsec. (h)(3)(A)(i). Pub. L. 99-576, Sec. 702(6), substituted
"December 3, 1985," for "the date of the enactment of this
section".
1985 - Subsec. (g)(1)(B). Pub. L. 99-166, Sec. 106, which
directed the substitution of "who request such counseling" for "who
requested counseling before such date", was executed by making the
substitution for the phrase "who requested such counseling before
such date" to reflect the probable intent of Congress.
Subsec. (h). Pub. L. 99-166, Sec. 105, added subsec. (h).
1983 - Subsec. (a). Pub. L. 98-160, Sec. 101(a), struck out "if
such veteran requests such counseling within two years after the
date of such veteran's discharge or release from active duty, or by
September 30, 1984, whichever is later" after "to assist such
veteran in readjusting to civilian life".
Subsec. (g)(1). Pub. L. 98-160, Sec. 101(b)(1), substituted
"September 30, 1988" for "September 30, 1984" in provisions
preceding subpar. (A).
Subsec. (g)(1)(A). Pub. L. 98-160, Sec. 101(b)(1), substituted
"October 1, 1988" for "October 1, 1984".
Subsec. (g)(2). Pub. L. 98-160, Sec. 101(b)(2), amended par. (2)
generally, designating existing provisions as subpar. (A),
substituting "Not later than April 1, 1987, the Administrator shall
submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report on the Administrator's evaluation
of the effectiveness in helping to meet the readjustment needs of
veterans who served on active duty during the Vietnam era of the
readjustment counseling and mental health services provided
pursuant to this section (and of outreach efforts with respect to
such counseling and services). Such report shall give particular
attention, in light of the results of the study required by section
102 of the Veterans' Health Care Amendments of 1983, to the
provision of such counseling and services to veterans with post-
traumatic stress disorder and to the diagnosis and treatment of
such disorder" for "Not later than April 1, 1984, the Administrator
shall submit to the Committees on Veterans' Affairs of the Senate
and the House of Representatives a report on the plans made and
actions taken to carry out this subsection", and adding subpar.
(B).
Subsec. (g)(3). Pub. L. 98-160, Sec. 101(b)(2), added par. (3).
1981 - Subsec. (a). Pub. L. 97-72, Sec. 104(a)(1), substituted
"or by September 30, 1984" for "or two years after the effective
date of this section".
Subsec. (g). Pub. L. 97-72, Sec. 104(b), added subsec. (g).
1979 - Subsec. (d). Pub. L. 96-128 substituted "title)" for
"title),".
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 19011(d)(4) of Pub. L. 99-272 applicable to
hospital care, nursing home care, and medical services furnished on
or after July 1, 1986, see section 19011(f) of Pub. L. 99-272, set
out as a note under section 1710 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Section 104(a)(2) of Pub. L. 97-72 provided that: "The amendment
made by paragraph (1) [amending this section] shall take effect as
of October 1, 1981."
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-128 effective Nov. 28, 1979, see section
601(b) of Pub. L. 96-128, set out as a note under section 1114 of
this title.
EFFECTIVE DATE
Section effective Oct. 1, 1979, see section 107 of Pub. L. 96-22,
set out as an Effective Date of 1979 Amendment note under section
1701 of this title.
PILOT PROGRAM ON COUNSELING IN RETREAT SETTINGS FOR WOMEN VETERANS
NEWLY SEPARATED FROM SERVICE
Pub. L. 111-163, title II, Sec. 203, May 5, 2010, 124 Stat. 1143,
provided that:
"(a) Pilot Program Required. -
"(1) In general. - Commencing not later than 180 days after the
date of the enactment of this Act [May 5, 2010], the Secretary of
Veterans Affairs shall carry out, through the Readjustment
Counseling Service of the Veterans Health Administration, a pilot
program to evaluate the feasibility and advisability of providing
reintegration and readjustment services described in subsection
(b) in group retreat settings to women veterans who are recently
separated from service in the Armed Forces after a prolonged
deployment.
"(2) Participation at election of veteran. - The participation
of a veteran in the pilot program under this section shall be at
the election of the veteran.
"(b) Covered Services. - The services provided to a woman veteran
under the pilot program shall include the following:
"(1) Information on reintegration into the veteran's family,
employment, and community.
"(2) Financial counseling.
"(3) Occupational counseling.
"(4) Information and counseling on stress reduction.
"(5) Information and counseling on conflict resolution.
"(6) Such other information and counseling as the Secretary
considers appropriate to assist a woman veteran under the pilot
program in reintegration into the veteran's family, employment,
and community.
"(c) Locations. - The Secretary shall carry out the pilot program
at not fewer than three locations selected by the Secretary for
purposes of the pilot program.
"(d) Duration. - The pilot program shall be carried out during
the 2-year period beginning on the date of the commencement of the
pilot program.
"(e) Report. - Not later than 180 days after the completion of
the pilot program, the Secretary shall submit to Congress a report
on the pilot program. The report shall contain the findings and
conclusions of the Secretary as a result of the pilot program, and
shall include such recommendations for the continuation or
expansion of the pilot program as the Secretary considers
appropriate.
"(f) Authorization of Appropriations. - There is authorized to be
appropriated to the Secretary of Veterans Affairs for each of
fiscal years 2010 and 2011, $2,000,000 to carry out the pilot
program."
PROGRAM ON READJUSTMENT AND MENTAL HEALTH CARE SERVICES FOR
VETERANS WHO SERVED IN OPERATION ENDURING FREEDOM AND OPERATION
IRAQI FREEDOM
Pub. L. 111-163, title III, Sec. 304, May 5, 2010, 124 Stat.
1150, provided that:
"(a) Program Required. - Not later than 180 days after the date
of the enactment of this Act [May 5, 2010], the Secretary of
Veterans Affairs shall establish a program to provide -
"(1) to veterans of Operation Enduring Freedom and Operation
Iraqi Freedom, particularly veterans who served in such
operations while in the National Guard and the Reserves -
"(A) peer outreach services;
"(B) peer support services;
"(C) readjustment counseling and services described in
section 1712A of title 38, United States Code; and
"(D) mental health services; and
"(2) to members of the immediate family of veterans described
in paragraph (1), during the 3-year period beginning on the date
of the return of such veterans from deployment in Operation
Enduring Freedom or Operation Iraqi Freedom, education, support,
counseling, and mental health services to assist in -
"(A) the readjustment of such veterans to civilian life;
"(B) in the case such veterans have an injury or illness
incurred during such deployment, the recovery of such veterans
from such injury or illness; and
"(C) the readjustment of the family following the return of
such veterans.
"(b) Contracts With Community Mental Health Centers and Other
Qualified Entities. - In carrying out the program required by
subsection (a), the Secretary may contract with community mental
health centers and other qualified entities to provide the services
required by such subsection only in areas the Secretary determines
are not adequately served by other health care facilities or vet
centers of the Department of Veterans Affairs. Such contracts shall
require each contracting community health center or entity -
"(1) to the extent practicable, to use telehealth services for
the delivery of services required by subsection (a);
"(2) to the extent practicable, to employ veterans trained
under subsection (c) in the provision of services covered by that
subsection;
"(3) to participate in the training program conducted in
accordance with subsection (d);
"(4) to comply with applicable protocols of the Department
before incurring any liability on behalf of the Department for
the provision of services required by subsection (a);
"(5) for each veteran for whom a community mental health center
or other qualified entity provides mental health services under
such contract, to provide the Department with such clinical
summary information as the Secretary shall require;
"(6) to submit annual reports to the Secretary containing, with
respect to the program required by subsection (a) and for the
last full calendar year ending before the submittal of such
report -
"(A) the number of the veterans served, veterans diagnosed,
and courses of treatment provided to veterans as part of the
program required by subsection (a); and
"(B) demographic information for such services, diagnoses,
and courses of treatment; and
"(7) to meet such other requirements as the Secretary shall
require.
"(c) Training of Veterans for Provision of Peer-outreach and Peer-
support Services. - In carrying out the program required by
subsection (a), the Secretary shall contract with a national not-
for-profit mental health organization to carry out a national
program of training for veterans described in subsection (a) to
provide the services described in subparagraphs (A) and (B) of
paragraph (1) of such subsection.
"(d) Training of Clinicians for Provision of Services. - The
Secretary shall conduct a training program for clinicians of
community mental health centers or entities that have contracts
with the Secretary under subsection (b) to ensure that such
clinicians can provide the services required by subsection (a) in a
manner that -
"(1) recognizes factors that are unique to the experience of
veterans who served on active duty in Operation Enduring Freedom
or Operation Iraqi Freedom (including their combat and military
training experiences); and
"(2) uses best practices and technologies.
"(e) Vet Center Defined. - In this section, the term 'vet center'
means a center for readjustment counseling and related mental
health services for veterans under section 1712A of title 38,
United States Code."
ELIGIBILITY OF MEMBERS OF THE ARMED FORCES WHO SERVE IN OPERATION
ENDURING FREEDOM OR OPERATION IRAQI FREEDOM FOR COUNSELING AND
SERVICES THROUGH READJUSTMENT COUNSELING SERVICE
Pub. L. 111-163, title IV, Sec. 401, May 5, 2010, 124 Stat. 1156,
provided that:
"(a) In General. - Any member of the Armed Forces, including a
member of the National Guard or Reserve, who serves on active duty
in the Armed Forces in Operation Enduring Freedom or Operation
Iraqi Freedom is eligible for readjustment counseling and related
mental health services under section 1712A of title 38, United
States Code, through the Readjustment Counseling Service of the
Veterans Health Administration.
"(b) No Requirement for Current Active Duty Service. - A member
of the Armed Forces who meets the requirements for eligibility for
counseling and services under subsection (a) is entitled to
counseling and services under that subsection regardless of whether
or not the member is currently on active duty in the Armed Forces
at the time of receipt of counseling and services under that
subsection.
"(c) Regulations. - The eligibility of members of the Armed
Forces for counseling and services under subsection (a) shall be
subject to such regulations as the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly prescribe for purposes
of this section.
"(d) Subject to Availability of Appropriations. - The provision
of counseling and services under subsection (a) shall be subject to
the availability of appropriations for such purpose."
PILOT PROGRAM ON PEER OUTREACH AND SUPPORT FOR VETERANS AND USE OF
COMMUNITY MENTAL HEALTH CENTERS AND INDIAN HEALTH SERVICE
FACILITIES
Pub. L. 110-387, title I, Sec. 107, Oct. 10, 2008, 122 Stat.
4116, provided that:
"(a) Pilot Program Required. - Commencing not later than 180 days
after the date of the enactment of this Act [Oct. 10, 2008], the
Secretary of Veterans Affairs shall carry out a pilot program to
assess the feasability [sic] and advisability of providing to
veterans of Operation Iraqi Freedom and Operation Enduring Freedom,
and, in particular, veterans who served in such operations as a
member of the National Guard or Reserve, the following:
"(1) Peer outreach services.
"(2) Peer support services provided by licensed providers of
peer support services or veterans who have personal experience
with mental illness.
"(3) Readjustment counseling services described in section
1712A of title 38, United States Code.
"(4) Other mental health services.
"(b) Provision of Certain Services. - In providing services
described in paragraphs (3) and (4) of subsection (a) under the
pilot program to veterans who reside in rural areas and do not have
adequate access through the Department of Veterans Affairs to the
services described in such paragraphs, the Secretary shall, acting
through the Office of Mental Health Services and the Office of
Rural Health, provide such services as follows:
"(1) Through community mental health centers under contracts or
other agreements if entered into by the Secretary of Veterans
Affairs and the Secretary of Health and Human Services for the
provision of such services for purposes of the pilot program.
"(2) Through the Indian Health Service, or an Indian tribe or
tribal organization that has entered into an agreement with the
Indian Health Service pursuant to the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.), if a
memorandum of understanding is entered into by the Secretary of
Veterans Affairs and the Secretary of Health and Human Services
for purposes of the pilot program.
"(3) Through other appropriate entities under contracts or
other agreements entered into by the Secretary of Veterans
Affairs for the provision of such services for purposes of the
pilot program.
"(c) Duration. - The pilot program shall be carried out during
the three-year period beginning on the date of the commencement of
the pilot program.
"(d) Program Locations. -
"(1) In general. - The pilot program shall be carried out
within areas selected by the Secretary for the purpose of the
pilot program in at least three Veterans Integrated Service
Networks (VISNs).
"(2) Rural geographic locations. - The locations selected shall
be in rural geographic locations that, as determined by the
Secretary, lack access to comprehensive mental health services
through the Department of Veterans Affairs.
"(3) Qualified providers. - In selecting locations for the
pilot program, the Secretary shall select locations in which an
adequate number of licensed mental health care providers with
credentials equivalent to those of Department mental health care
providers are available in Indian Health Service facilities,
community mental health centers, and other entities for
participation in the pilot program.
"(e) Participation in Program. - Each community mental health
center, facility of the Indian Health Service, or other entity
participating in the pilot program under subsection (b) shall -
"(1) provide the services described in paragraphs (3) and (4)
of subsection (a) to eligible veterans, including, to the extent
practicable, telehealth services that link the center or facility
with Department of Veterans Affairs clinicians;
"(2) use the clinical practice guidelines of the Veterans
Health Administration or the Department of Defense in the
provision of such services; and
"(3) meet such other requirements as the Secretary shall
require.
"(f) Compliance With Department Protocols. - Each community
mental health center, facility of the Indian Health Service, or
other entity participating in the pilot program under subsection
(b) shall comply with -
"(1) applicable protocols of the Department before incurring
any liability on behalf of the Department for the provision of
services as part of the pilot program; and
"(2) access and quality standards of the Department relevant to
the provision of services as part of the pilot program.
"(g) Provision of Clinical Information. - Each community mental
health center, facility of the Indian Health Service, or other
entity participating in the pilot program under subsection (b)
shall, in a timely fashion, provide the Secretary with such
clinical information on each veteran for whom such health center or
facility provides mental health services under the pilot program as
the Secretary shall require.
"(h) Training. -
"(1) Training of veterans. - As part of the pilot program, the
Secretary shall carry out a program of training for veterans
described in subsection (a) to provide the services described in
paragraphs (1) and (2) of such subsection.
"(2) Training of clinicians. -
"(A) In general. - The Secretary shall conduct a training
program for clinicians of community mental health centers,
Indian Health Service facilities, or other entities
participating in the pilot program under subsection (b) to
ensure that such clinicians can provide the services described
in paragraphs (3) and (4) of subsection (a) in a manner that
accounts for factors that are unique to the experiences of
veterans who served on active duty in Operation Iraqi Freedom
or Operation Enduring Freedom (including their combat and
military training experiences).
"(B) Participation in training. - Personnel of each community
mental health center, facility of the Indian Health Service, or
other entity participating in the pilot program under
subsection (b) shall participate in the training program
conducted pursuant to subparagraph (A).
"(i) Annual Reports. - Each community mental health center,
facility of the Indian Health Service, or other entity
participating in the pilot program under subsection (b) shall
submit to the Secretary on an annual basis a report containing,
with respect to the provision of services under subsection (b) and
for the last full calendar year ending before the submission of
such report -
"(1) the number of -
"(A) veterans served; and
"(B) courses of treatment provided; and
"(2) demographic information for such services, diagnoses, and
courses of treatment.
"(j) Program Evaluation. -
"(1) In general. - The Secretary shall, through Department of
Veterans Affairs Mental Health Services investigators and in
collaboration with relevant program offices of the Department,
design and implement a strategy for evaluating the pilot program.
"(2) Elements. - The strategy implemented under paragraph (1)
shall assess the impact that contracting with community mental
health centers, the Indian Health Service, and other entities
participating in the pilot program under subsection (b) has on
the following:
"(A) Access to mental health care by veterans in need of such
care.
"(B) The use of telehealth services by veterans for mental
health care needs.
"(C) The quality of mental health care and substance use
disorder treatment services provided to veterans in need of
such care and services.
"(D) The coordination of mental health care and other medical
services provided to veterans.
"(k) Definitions. - In this section:
"(1) The term 'community mental health center' has the meaning
given such term in section 410.2 of title 42, Code of Federal
Regulations (as in effect on the day before the date of the
enactment of this Act [Oct. 10, 2008]).
"(2) The term 'eligible veteran' means a veteran in need of
mental health services who -
"(A) is enrolled in the Department of Veterans Affairs health
care system; and
"(B) has received a referral from a health professional of
the Veterans Health Administration to a community mental health
center, a facility of the Indian Health Service, or other
entity for purposes of the pilot program.
"(3) The term 'Indian Health Service' means the organization
established by section 601(a) of the Indian Health Care
Improvement Act (25 U.S.C. 1661(a)).
"(l) Authorization of Appropriations. - There is authorized to be
appropriated such sums as may be necessary to carry out the
provisions of this section."
RESEARCH PROGRAM ON COMORBID POST-TRAUMATIC STRESS DISORDER AND
SUBSTANCE USE DISORDERS
Pub. L. 110-387, title II, Sec. 201, Oct. 10, 2008, 122 Stat.
4119, provided that:
"(a) Program Required. - The Secretary of Veterans Affairs shall,
through the Office of Research and Development, carry out a program
of research into comorbid post-traumatic stress disorder (PTSD) and
substance use disorder.
"(b) Discharge Through National Center for Posttraumatic Stress
Disorder. - The research program required by subsection (a) shall
be carried out by the National Center for Posttraumatic Stress
Disorder. In carrying out the program, the Center shall -
"(1) develop protocols and goals with respect to research under
the program; and
"(2) coordinate research, data collection, and data
dissemination under the program.
"(c) Research. - The program of research required by subsection
(a) shall address the following:
"(1) Comorbid post-traumatic stress disorder and substance use
disorder.
"(2) The systematic integration of treatment for post-traumatic
stress disorder with treatment for substance use disorder.
"(3) The development of protocols to evaluate care of veterans
with comorbid post-traumatic stress disorder and substance use
disorder.
"(d) Funding. -
"(1) Authorization of appropriations. - There is authorized to
be appropriated for the Department of Veterans Affairs for each
of fiscal years 2009 through 2012, $2,000,000 to carry out this
section.
"(2) Availability. - Amounts authorized to be appropriated by
paragraph (1) shall be made available to the National Center on
Posttraumatic Stress Disorder for the purpose specified in that
paragraph.
"(3) Supplement not supplant. - Any amount made available to
the National Center on Posttraumatic Stress Disorder for a fiscal
year under paragraph (2) is in addition to any other amounts made
available to the National Center on Posttraumatic Stress Disorder
for such year under any other provision of law."
PILOT PROGRAM ON PROVISION OF READJUSTMENT AND TRANSITION
ASSISTANCE TO VETERANS AND THEIR FAMILIES IN COOPERATION WITH VET
CENTERS
Pub. L. 110-387, title III, Sec. 302, Oct. 10, 2008, 122 Stat.
4120, provided that:
"(a) Pilot Program. - The Secretary of Veterans Affairs shall
carry out, through a non-Department of Veterans Affairs entity, a
pilot program to assess the feasability [sic] and advisability of
providing readjustment and transition assistance described in
subsection (b) to veterans and their families in cooperation with
centers under section 1712A of title 38, United States Code
(commonly referred to as 'Vet Centers').
"(b) Readjustment and Transition Assistance. - Readjustment and
transition assistance described in this subsection is assistance as
follows:
"(1) Readjustment and transition assistance that is preemptive,
proactive, and principle-centered.
"(2) Assistance and training for veterans and their families in
coping with the challenges associated with making the transition
from military to civilian life.
"(c) Non-Department of Veterans Affairs Entity. -
"(1) In general. - The Secretary shall carry out the pilot
program through any for-profit or non-profit organization
selected by the Secretary for purposes of the pilot program that
has demonstrated expertise and experience in the provision of
assistance and training described in subsection (b).
"(2) Contract or agreement. - The Secretary shall carry out the
pilot program through a non-Department entity described in
paragraph (1) pursuant to a contract or other agreement entered
into by the Secretary and the entity for purposes of the pilot
program.
"(d) Commencement of Pilot Program. - The pilot program shall
commence not later than 180 days after the date of the enactment of
this Act [Oct. 10, 2008].
"(e) Duration of Pilot Program. - The pilot program shall be
carried out during the three-year period beginning on the date of
the commencement of the pilot program, and may be carried out for
additional one-year periods thereafter.
"(f) Location of Pilot Program. -
"(1) In general. - The Secretary shall provide assistance under
the pilot program in cooperation with 10 centers described in
subsection (a) designated by the Secretary for purposes of the
pilot program.
"(2) Designations. - In designating centers described in
subsection (a) for purposes of the pilot program, the Secretary
shall designate centers so as to provide a balanced geographical
representation of such centers throughout the United States,
including the District of Columbia, the Commonwealth of Puerto
Rico, tribal lands, and other territories and possessions of the
United States.
"(g) Participation of Centers. - A center described in subsection
(a) that is designated under subsection (f) for participation in
the pilot program shall participate in the pilot program by
promoting awareness of the assistance and training available to
veterans and their families through -
"(1) the facilities and other resources of such center;
"(2) the non-Department of Veterans Affairs entity selected
pursuant to subsection (c); and
"(3) other appropriate mechanisms.
"(h) Additional Support. - In carrying out the pilot program, the
Secretary may enter into contracts or other agreements, in addition
to the contract or agreement described in subsection (c), with such
other non-Department of Veterans Affairs entities meeting the
requirements of subsection (c) as the Secretary considers
appropriate for purposes of the pilot program.
"(i) Report on Pilot Program. -
"(1) Report required. - Not later than three years after the
date of the enactment of this Act [Oct. 10, 2008], the Secretary
shall submit to the congressional veterans affairs committees a
report on the pilot program.
"(2) Elements. - Each report under paragraph (1) shall include
the following:
"(A) A description of the activities under the pilot program
as of the date of such report, including the number of veterans
and families provided assistance under the pilot program and
the scope and nature of the assistance so provided.
"(B) A current assessment of the effectiveness of the pilot
program.
"(C) Any recommendations that the Secretary considers
appropriate for the extension or expansion of the pilot
program.
"(3) Congressional veterans affairs committees defined. - In
this subsection, the term 'congressional veterans affairs
committees' means -
"(A) the Committees on Veterans' Affairs and Appropriations
of the Senate; and
"(B) the Committees on Veterans' Affairs and Appropriations
of the House of Representatives.
"(j) Authorization of Appropriations. -
"(1) In general. - There is authorized to be appropriated for
the Department of Veterans Affairs for each of fiscal years 2009
through 2011 $1,000,000 to carry out this section.
"(2) Availability. - Amounts authorized to be appropriated by
paragraph (1) shall remain available until expended."
IMPROVEMENT AND EXPANSION OF MENTAL HEALTH SERVICES
Pub. L. 109-461, title II, Sec. 203, Dec. 22, 2006, 120 Stat.
3410, provided that:
"(a) Required Capacity for Community-Based Outpatient Clinics. -
"(1) In general. - The Secretary of Veterans Affairs shall
ensure that each community-based outpatient clinic of the
Department of Veterans Affairs has the capacity to provide, or
monitor the provision of, mental health services to enrolled
veterans who, as determined by the Secretary, are in need of such
services.
"(2) Settings. - In carrying out paragraph (1), the Secretary
shall ensure that mental health services are provided through -
"(A) a community-based outpatient clinic of the Department by
an employee of the Department;
"(B) referral to another facility of the Department;
"(C) contract with an appropriate mental health professional
in the community; or
"(D) telemental health services.
"(b) Clinical Training and Protocols. -
"(1) Collaboration. - The National Center on Post-Traumatic
Stress Disorder of the Department of Veterans Affairs shall
collaborate with the Secretary of Defense -
"(A) to enhance the clinical skills of military clinicians on
matters relating to post-traumatic stress disorder through
training, treatment protocols, web-based interventions, and the
development of evidence-based interventions; and
"(B) to promote pre-deployment resilience and post-deployment
readjustment among members of the Armed Forces serving in
Operation Iraqi Freedom and Operation Enduring Freedom.
"(2) Authorization of appropriations. - There are authorized to
be appropriated for the Department of Veterans Affairs for fiscal
year 2007 $2,000,000 to carry out this subsection.
"(c) Mental Health Outreach. - The Secretary of Veterans Affairs
shall -
"(1) develop additional educational materials on post-traumatic
stress disorder; and
"(2) undertake additional efforts to educate veterans about
post-traumatic stress disorder.
"(d) Review of PTSD Clinical Guidelines. - The Secretary of
Veterans Affairs shall -
"(1) review the clinical guidelines of the Department of
Veterans Affairs on post-traumatic stress disorder and all
appropriate protocols related to post-traumatic stress disorder;
"(2) revise such guidelines and protocols as the Secretary
considers appropriate to ensure that clinicians are able to
effectively distinguish between diagnoses with similar symptoms
that may manifest as post-traumatic stress disorder, including
traumatic brain injury; and
"(3) develop performance measures for the treatment of post-
traumatic stress disorder among veterans."
EXPANSION OF TELEHEALTH SERVICES
Pub. L. 109-461, title II, Sec. 205, Dec. 22, 2006, 120 Stat.
3411, provided that:
"(a) In General. - The Secretary of Veterans Affairs shall
increase the number of facilities of the Readjustment Counseling
Service that are capable of providing health services and
counseling through telehealth linkages with facilities of the
Veterans Health Administration.
"(b) Plan. - Not later than July 1, 2007, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a
plan to implement the requirement in subsection (a). The plan shall
specify which facilities of the Readjustment Counseling Service
will have the capabilities described in subsection (a) as of the
end of each of fiscal years 2007, 2008, and 2009."
EXPANSION OF OUTREACH ACTIVITIES OF VET CENTERS
Pub. L. 109-461, title II, Sec. 215, Dec. 22, 2006, 120 Stat.
3424, provided that:
"(a) Additional Outreach Workers. - The Secretary of Veterans
Affairs shall employ not fewer than 100 veterans for the purpose of
providing outreach to veterans on the availability of readjustment
counseling and related mental health services for veterans under
section 1712A of title 38, United States Code.
"(b) Construction With Current Outreach Program. - The veterans
employed under subsection (a) are in addition to any veterans
employed by the Secretary for the purpose described in that
subsection under the February 2004 program of the Department of
Veterans Affairs to provide outreach described in that subsection.
"(c) Assignment to Vet Centers. - The Secretary may assign any
veteran employed under subsection (a) to any center for the
provision of readjustment counseling and related mental health
services under section 1712A of title 38, United States Code, that
the Secretary considers appropriate in order to meet the purpose
described in that subsection.
"(d) Inapplicability and Termination of Limitation on Duration of
Employment. - Any limitation on the duration of employment of
veterans under the program described in subsection (b) is hereby
terminated and shall not apply to veterans employed under such
program or under this section.
"(e) Employment Status. - Veterans employed under subsection (a)
shall be employed in career conditional status, which is the
employment status in which veterans are employed under the program
described in subsection (b)."
STUDY OF POST-TRAUMATIC STRESS DISORDER IN VIETNAM VETERANS
Pub. L. 106-419, title II, Sec. 212, Nov. 1, 2000, 114 Stat.
1843, provided that:
"(a) Study on Post-Traumatic Stress Disorder. - Not later than 10
months after the date of the enactment of this Act [Nov. 1, 2000],
the Secretary of Veterans Affairs shall enter into a contract with
an appropriate entity to carry out a study on post-traumatic stress
disorder.
"(b) Follow-Up Study. - The contract under subsection (a) shall
provide for a follow-up study to the study conducted in accordance
with section 102 of the Veterans Health Care Amendments of 1983
(Public Law 98-160) [set out as a note below]. Such follow-up study
shall use the data base and sample of the previous study.
"(c) Information To Be Included. - The study conducted pursuant
to this section shall be designed to yield information on -
"(1) the long-term course of post-traumatic stress disorder;
"(2) any long-term medical consequences of post-traumatic
stress disorder;
"(3) whether particular subgroups of veterans are at greater
risk of chronic or more severe problems with such disorder; and
"(4) the services used by veterans who have post-traumatic
stress disorder and the effect of those services on the course of
the disorder.
"(d) Report. - The Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a
report on the results of the study under this section. The report
shall be submitted no later than October 1, 2004."
SPECIALIZED MENTAL HEALTH SERVICES
Pub. L. 106-117, title I, Sec. 116, Nov. 30, 1999, 113 Stat.
1559, as amended by Pub. L. 108-170, title I, Sec. 108, Dec. 6,
2003, 117 Stat. 2046, provided that:
"(a) Improvement to Specialized Mental Health Services. - The
Secretary [of Veterans Affairs], in furtherance of the
responsibilities of the Secretary under section 1706(b) of title
38, United States Code, shall carry out a program to expand and
improve the provision of specialized mental health services to
veterans. The Secretary shall establish the program in consultation
with the Committee on Care of Severely Chronically Mentally Ill
Veterans established pursuant to section 7321 of title 38, United
States Code.
"(b) Covered Programs. - For purposes of this section, the term
'specialized mental health services' includes programs relating to -
"(1) the treatment of post-traumatic stress disorder; and
"(2) substance use disorders.
"(c) Funding. - (1) In carrying out the program described in
subsection (a), the Secretary shall identify, from funds available
to the Department [of Veterans Affairs] for medical care, an amount
of not less than $25,000,000 in each of fiscal years 2004, 2005,
and 2006 to be available to carry out the program and to be
allocated to facilities of the Department pursuant to subsection
(d).
"(2) In identifying available amounts pursuant to paragraph (1),
the Secretary shall ensure that, after the allocation of those
funds under subsection (d), the total expenditure for programs
relating to (A) the treatment of post-traumatic stress disorder,
and (B) substance use disorders is not less than $25,000,000 in
excess of the baseline amount.
"(3)(A) For purposes of paragraph (2), the baseline amount is the
amount of the total expenditures on such programs for the most
recent fiscal year for which final expenditure amounts are known,
adjusted to reflect any subsequent increase in applicable costs to
deliver such services in the Veterans Health Administration, as
determined by the Committee on Care of Severely Chronically
Mentally Ill Veterans.
"(B) For purposes of this paragraph, in fiscal years 2004, 2005,
and 2006, the fiscal year used to determine the baseline amount
shall be fiscal year 2003.
"(d) Allocation of Funds to Department Facilities. - (1) In each
of fiscal years 2004, 2005, and 2006, the Secretary shall allocate
funds identified pursuant to subsection (c)(1) to individual
medical facilities of the Department as the Secretary determines
appropriate based upon proposals submitted by those facilities for
the use of those funds for improvements to specialized mental
health services.
"(2) In allocating funds to facilities in a fiscal year under
paragraph (1), the Secretary shall ensure that -
"(A) not less than $10,000,000 is allocated by direct grants to
programs that are identified by the Mental Health Strategic
Health Care Group and the Committee on Care of Severely
Chronically Mentally Ill Veterans;
"(B) not less than $5,000,000 is allocated for programs on post-
traumatic stress disorder; and
"(C) not less than $5,000,000 is allocated for programs on
substance use disorder.
"(3) The Secretary shall provide that the funds to be allocated
under this section during each of fiscal years 2004, 2005, and 2006
are funds for a special purpose program for which funds are not
allocated through the Veterans Equitable Resource Allocation
system.
"(e) Report. - Not later than 12 months after the date of the
enactment of this Act [Nov. 30, 1999], the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report describing the implementation of this
section. The Secretary shall include in the report information on
the allocation of funds to facilities of the Department under the
program and a description of the improvements made with those funds
to specialized mental health services for veterans."
MARRIAGE AND FAMILY COUNSELING FOR PERSIAN GULF WAR VETERANS
Section 121 of Pub. L. 102-405 provided that:
"(a) Requirement. - Subject to the availability of funds
appropriated pursuant to the authorization in subsection (g), the
Secretary shall conduct a program to furnish to the persons
referred to in subsection (b) the marriage and family counseling
services referred to in subsection (c). The authority to conduct
the program shall expire on September 30, 1994.
"(b) Persons Eligible for Counseling. - The persons eligible to
receive marriage and family counseling services under the program
are -
"(1) veterans who were awarded a campaign medal for active-duty
service during the Persian Gulf War and the spouses and children
of such veterans; and
"(2) veterans who are or were members of the reserve components
who were called or ordered to active duty during the Persian Gulf
War and the spouses and children of such members.
"(c) Counseling Services. - Under the program, the Secretary may
provide marriage and family counseling that the Secretary
determines, based on an assessment by a mental-health professional
employed by the Department and designated by the Secretary (or, in
an area where no such professional is available, a mental-health
professional designated by the Secretary and performing services
under a contract or fee arrangement with the Secretary), is
necessary for the amelioration of psychological, marital, or
familial difficulties that result from the active duty service
referred to in subsection (b)(1) or (2).
"(d) Manner of Furnishing Services. - (1) Marriage and family
counseling services shall be furnished under the program -
"(A) by personnel of the Department of Veterans Affairs who are
qualified to provide such counseling services;
"(B) by appropriately certified marriage and family counselors
employed by the Department; and
"(C) by qualified mental health professionals pursuant to
contracts with the Department, when Department facilities are not
capable of furnishing economical medical services because of
geographical inaccessibility or are not capable of furnishing the
services required.
"(2) The Secretary shall establish the qualifications required of
personnel under subparagraphs (A) and (C) of paragraph (1) and
shall prescribe the training, experience, and certification
required of appropriately certified marriage and family counselors
under subparagraph (B) of such paragraph.
"(3) The Secretary may employ licensed or certified marriage and
family counselors to provide counseling under paragraph (1)(B) and
may classify the positions in which they are employed at levels
determined appropriate by the Secretary, taking into consideration
the training, experience, and licensure or certification required
of such counselors.
"(e) Contract Counseling Services. - (1) Subject to paragraphs
(2) and (4), a mental health professional referred to in subsection
(d)(1)(C) may furnish marriage and family counseling services to a
person under the program as follows:
"(A) For a period of not more than 15 days beginning on the
date of the commencement of the furnishing of such services to
the person.
"(B) For a 90-day period beginning on such date if -
"(i) the mental health professional submits to the Secretary
a treatment plan with respect to the person not later than 15
days after such date; and
"(ii) the treatment plan and the assessment made under
subsection (c) are approved by an appropriate mental health
professional of the Department designated for that purpose by
the Under Secretary for Health.
"(C) For an additional 90-day period beginning on the date of
the expiration of the 90-day period referred to in subparagraph
(B) (or any subsequent 90-day period) if -
"(i) not more than 30 days before the expiration of the 90-
day period referred to in subparagraph (B) (or any subsequent
90-day period), the mental health professional submits to the
Secretary a revised treatment plan containing a justification
of the need of the person for additional counseling services;
and
"(ii) the plan is approved in accordance with the provisions
of subparagraph (B)(ii).
"(2)(A) A mental health professional referred to in paragraph (1)
who assesses the need of any person for services for the purposes
of subsection (c) may not furnish counseling services to that
person.
"(B) The Secretary may waive the prohibition referred to in
subparagraph (A) for locations (as determined by the Secretary) in
which the Secretary is unable to obtain the assessment referred to
in that subparagraph from a mental health professional other than
the mental health professional with whom the Secretary enters into
contracts under subsection (d)(1)(C) for the furnishing of
counseling services.
"(3) The Secretary shall reimburse mental health professionals
for the reasonable cost (as determined by the Secretary) of
furnishing counseling services under paragraph (1). In the event of
the disapproval of a treatment plan of a person submitted by a
mental health professional under paragraph (1)(B)(i), the Secretary
shall reimburse the mental health professional for the reasonable
cost (as so determined) of furnishing counseling services to the
person for the period beginning on the date of the commencement of
such services and ending on the date of the disapproval.
"(4) The Secretary may authorize the furnishing of counseling in
an individual case for a period shorter than the 90-day period
specified in subparagraph (B) or (C) of paragraph (1) and, upon
further consideration, extend the shorter period to the full 90
days.
"(5)(A) For the purposes of this subsection, the term 'treatment
plan', with respect to a person entitled to counseling services
under the program, must include -
"(i) an assessment by the mental health professional submitting
the plan of the counseling needs of the person described in the
plan on the date of the submittal of the plan; and
"(ii) a description of the counseling services to be furnished
to the person by the mental health professional during the 90-day
period covered by the plan, including the number of counseling
sessions proposed as part of such services.
"(B) The Secretary shall prescribe an appropriate form for the
treatment plan.
"(f) Cost Recovery. - For the purposes of section 1729 of title
38, United States Code, marriage and family counseling services
furnished under the program shall be deemed to be care and services
furnished by the Department under chapter 17 of such title, and the
United States shall be entitled to recover or collect the
reasonable cost of such services in accordance with that section.
"(g) Authorization of Appropriations. - There is authorized to be
appropriated $10,000,000 for each of fiscal years 1993 and 1994 to
carry out this section.
"(h) Report. - Not later than July 1, 1994, the Secretary shall
submit to Congress a report on the program conducted pursuant to
this section. The report shall contain information regarding the
persons furnished counseling services under the program, including -
"(1) the number of such persons, stated as a total number and
separately for each eligibility status referred to in subsection
(b);
"(2) the age and gender of such persons;
"(3) the manner in which such persons were furnished such
services under the program; and
"(4) the number of counseling sessions furnished to such
persons.
"(i) Definitions. - For the purposes of this section, the terms
'veteran', 'child', 'active duty', 'reserve component', 'spouse',
and 'Persian Gulf War' have the meanings given such terms in
paragraphs 101(2), (4), (21), (27), (31), and (33) of section 101
of title 38, United States Code, respectively."
POST-TRAUMATIC STRESS DISORDER PROGRAM PLANNING
Section 123 of Pub. L. 102-405 provided that:
"(a) Plan. - The Secretary shall develop a plan -
"(1) to ensure, to the maximum extent practicable, that
veterans suffering from post-traumatic stress disorder related to
active duty are provided appropriate treatment and rehabilitative
services for that condition in a timely manner;
"(2) to expand and improve the services available for veterans
suffering from post-traumatic stress disorder related to active
duty;
"(3) to eliminate waiting lists for inpatient treatment and
other modes of treatment for post-traumatic stress disorder;
"(4) to enhance outreach activities carried out to inform
combat-area veterans of the availability of treatment for post-
traumatic stress disorder; and
"(5) to ensure, to the extent practicable, that there are
Department post-traumatic stress disorder treatment units in
locations that are readily accessible to veterans residing in
rural areas of the United States.
"(b) Considerations. - In developing the plan referred to in
subsection (a), the Secretary shall consider -
"(1) the numbers of veterans suffering from post-traumatic
stress disorder related to active duty, as indicated by relevant
studies, scientific and clinical reports, and other pertinent
information;
"(2) the numbers of veterans who would likely seek post-
traumatic stress disorder treatment from the Department if
waiting times for treatment were eliminated and outreach
activities to combat-area veterans with post-traumatic stress
disorder were enhanced;
"(3) the current and projected capacity of the Department to
provide appropriate treatment and rehabilitative services for
post-traumatic stress disorder;
"(4) the level and geographic accessibility of inpatient and
outpatient care available through the Department for veterans
suffering from post-traumatic stress disorder across the United
States;
"(5) the desirability of providing that inpatient and
outpatient post-traumatic stress disorder care be furnished in
facilities of the Department that are physically independent of
general psychiatric wards of the medical facilities of the
Department;
"(6) the treatment needs of veterans suffering from post-
traumatic stress disorder who are women, of such veterans who
are ethnic minorities (including Native Americans, Native
Hawaiians, Asian-Pacific Islanders, and Native Alaskans), and of
such veterans who suffer from substance abuse problems in
addition to post-traumatic stress disorder; and
"(7) the recommendations of the Special Committee on Post-
Traumatic-Stress Disorder with respect to (A) specialized
inpatient and outpatient programs of the Department for the
treatment of post-traumatic stress disorder, and (B) with respect
to the establishment of educational programs that are designed
for each of the various levels of education, training, and
experience of the various mental health professionals involved in
the treatment of veterans suffering from post-traumatic stress
disorder.
"(c) Report. - Not later than six months after the date of the
enactment of this Act [Oct. 9, 1992], the Secretary shall submit to
the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the plan developed pursuant to
subsection (a). The report shall include specific information
relating to the consideration given to the matters described in
subsection (b).
"(d) Definitions. - For the purposes of this section:
"(1) The term 'active duty' has the meaning given that term in
section 101(21) of title 38, United States Code.
"(2) The term 'veteran' has the meaning given that term in
section 101(2) of such title.
"(3) The term 'combat-area veteran' means a veteran who served
on active duty in an area at a time during which hostilities (as
defined in section 1712A(a)(2)(B) of such title) occurred in such
area."
UPDATES OF REPORTS ON POST-TRAUMATIC STRESS DISORDER
Section 122(b) of Pub. L. 102-405 directed Special Committee on
Post-Traumatic-Stress Disorder, not later than Oct. 1, 1992, and
Oct. 1, 1993, to concurrently submit to Secretary and Committees on
Veterans' Affairs of Senate and House of Representatives a report
containing information updating the reports submitted to the
Secretary under section 110(e) of the Veterans' Health Care Act of
1984, together with any additional information the Special
Committee considers appropriate regarding the overall efforts of
the Department of Veterans Affairs to meet the needs of veterans
with post-traumatic stress disorder and other psychological
problems in readjusting to civilian life, and directed Secretary,
not later than 90 days after receiving each of the reports to
submit to the committees any comments concerning the report that
the Secretary considered appropriate. Similar provisions were
contained in Pub. L. 101-237, title II, Sec. 201(e), Dec. 18, 1989,
103 Stat. 2066, as amended by Pub. L. 101-366, title II, Sec. 204,
Aug. 15, 1990, 104 Stat. 439.
AUTHORIZATION FOR RELOCATION OF CERTAIN FACILITIES
Section 1501(b) of Pub. L. 100-687 related to relocation of 17
Veterans' Administration Readjustment Counseling Service Vet
Centers from their locations away from general Veterans'
Administration health-care facilities to other such locations.
PROHIBITION OF DELEGATION OF DUTIES
Pub. L. 100-322, title I, Sec. 107(f), May 20, 1988, 102 Stat.
496, as amended by Pub. L. 100-527, Sec. 10(4), Oct. 25, 1988, 102
Stat. 2641; Pub. L. 102-40, Sec. 2(b), May 7, 1991, 105 Stat. 187;
Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided
that: "The Chief Medical Director [now Under Secretary for Health]
of the Department of Veterans Affairs may not delegate the function
of making recommendations under [former] section 1712A(g)(3)(A) of
title 38, United States Code, as amended by subsection (c)."
POST-TRAUMATIC-STRESS DISORDER; DIAGNOSIS AND TREATMENT; EDUCATION
AND TRAINING OF HEALTH-CARE PERSONNEL; COORDINATION WITH
READJUSTMENT COUNSELING; SPECIAL COMMITTEE; NATIONAL CENTER;
COMPILATION AND PUBLICATION OF RESEARCH RESULTS; REPORTS TO
CONGRESSIONAL COMMITTEES
Pub. L. 98-528, title I, Sec. 110, Oct. 19, 1984, 98 Stat. 2691,
as amended by Pub. L. 106-117, title II, Sec. 206, Nov. 30, 1999,
113 Stat. 1563; Pub. L. 108-170, title IV, Sec. 405(e), Dec. 6,
2003, 117 Stat. 2063; Pub. L. 110-387, Sec. 202, Oct. 10, 2008, 122
Stat. 4120, provided that:
"(a)(1) The Under Secretary for Health of the Department of
Veterans Affairs may designate special programs within the Veterans
Health Administration for the diagnosis and treatment of post-
traumatic-stress disorder (hereinafter in this section referred to
as 'PTSD').
"(2) The Under Secretary for Health shall direct (A) that (in
addition to providing diagnostic and treatment services for PTSD)
Department programs designated under paragraph (1) (hereinafter in
this section referred to as 'designated PTSD programs') carry out
activities to promote the education and training of health-care
personnel (including health-care personnel not working for the
Department or the Federal Government) in the causes, diagnosis, and
treatment of PTSD, and (B) that (when appropriate) the provision of
treatment services under such program be coordinated with the
provision of readjustment counseling services under section 1712A
of title 38, United States Code.
"(b)(1) The Under Secretary for Health shall establish in the
Veterans Health Administration a Special Committee on Post-
Traumatic-Stress Disorder (hereinafter in this section referred to
as the 'Special Committee'). The Under Secretary for Health shall
appoint qualified employees of the Veterans Health Administration
to serve on the Special Committee.
"(2) The Special Committee shall assess, and carry out a
continuing assessment of, the capacity of the Department to provide
diagnostic and treatment services for PTSD to veterans eligible for
health care furnished by the Department.
"(3) The Special Committee shall also advise the Under Secretary
for Health regarding the development of policies, the provision of
guidance, and the coordination of services for the diagnosis and
treatment of PTSD (A) in designated PTSD programs, (B) in inpatient
psychiatric programs and outpatient mental health programs other
than designated PTSD programs, and (C) in readjustment counseling
programs of the Department.
"(4) The Special Committee shall also make recommendations to the
Under Secretary for Health for guidance with respect to PTSD
regarding -
"(A) appropriate diagnostic and treatment methods;
"(B) referral for and coordination of followup care;
"(C) the evaluation of PTSD treatment programs;
"(D) the conduct of research concerning such diagnosis and
treatment (taking into account the provisions of subsection (c));
"(E) special programs of education and training for employees
of the Veterans Health Administration and the Veterans Benefits
Administration (also taking into account such provisions);
"(F) the appropriate allocation of resources for all such
activities; and
"(G) any specific steps that should be taken to improve such
diagnosis and treatment and to correct any deficiencies in the
operations of designated PTSD programs.
"(c) The Under Secretary for Health shall establish and operate
in the Veterans Health Administration a National Center on Post-
Traumatic-Stress Disorder. The National Center (1) shall carry out
and promote the training of health care and related personnel in,
and research into, the causes and diagnosis of PTSD and the
treatment of veterans for PTSD, and (2) shall serve as a resource
center for, and promote and seek to coordinate the exchange of
information regarding, all research and training activities carried
out by the Department, and by other Federal and non-Federal
entities, with respect to PTSD.
"(d) The Under Secretary for Health shall regularly compile and
publish the results of research that has been conducted relating to
PTSD.
"(e)(1) Not later than March 1, 2000, the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the implementation of this section. The
report shall include the following:
"(A) A list of the members of the Special Committee.
"(B) A list of all designated PTSD programs and other programs
providing treatment for PTSD, together with a description of the
resources that have been allocated for the development and
operation of each such program, a description of the education
and training that has been provided for Department health-care
personnel in such programs and elsewhere within the Department in
the diagnosis and treatment of PTSD, and specification of the
funding that has been allocated to each such program and
elsewhere within the Department to support research relating to
PTSD.
"(C) The assessment of the Under Secretary for Health of the
Department, after consultation with the Special Committee,
regarding the capability of the Department to meet the needs for
inpatient and outpatient PTSD diagnosis and treatment (both
through designated PTSD programs and otherwise) of veterans who
served in the Republic of Vietnam during the Vietnam era, former
prisoners of war, and other veterans eligible for health care
from the Department and the efficacy of the treatment so
provided, as well as a description of the results of any
evaluations that have been made of PTSD treatment programs.
"(D) The plans of the Special Committee for further assessments
of the capability of the Department to diagnose and treat
veterans with PTSD.
"(E) The recommendations made by the Special Committee to the
Under Secretary for Health and the views of the Under Secretary
for Health on such recommendations.
"(F) A summary of the results of research conducted by the
Department relating to PTSD.
"(G) A description of the steps taken, plans made (and a
timetable for their execution), and resources to be applied to
implement subsections (b) and (c).
"(H) The assessment of the Administrator [now Secretary] of the
capacity of the Department to meet in all geographic areas of the
United States the needs described in subparagraph (C) and any
plans and timetable for increasing that capacity (including the
costs of such action).
"(2) Not later than February 1, 2001, and May 1 of each year
through 2012, the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a
report containing information updating the reports submitted under
this subsection since the enactment of the Veterans' Millennium
Health Care and Benefits Act [Nov. 30, 1999]."
STUDY OF POST-TRAUMATIC STRESS DISORDER AND OTHER POST-WAR
PSYCHOLOGICAL PROBLEMS
Section 102 of Pub. L. 98-160, as amended by Pub. L. 99-576,
title II, Sec. 216, Oct. 28, 1986, 100 Stat. 3259, directed
Administrator of Veterans' Affairs to provide for the conducting of
a comprehensive study of prevalence and incidence in population of
Vietnam veterans of post-traumatic stress disorder and other
psychological problems of readjusting to civilian life and effects
of such problems on such veterans and directed Administrator to
submit to Committees on Veterans' Affairs of Senate and House of
Representatives not later than Oct. 1, 1986, a report on results of
study.
READJUSTMENT COUNSELING AND RELATED MENTAL HEALTH SERVICES FOR
VETERANS OF WAR DECLARED AFTER JUNE 13, 1979
Section 103(b) of Pub. L. 96-22, as amended by Pub. L. 102-83,
Secs. 5(c)(2), 6(d), Aug. 6, 1991, 105 Stat. 406, 407, provided
that: "In the event of a declaration of war by the Congress after
June 13, 1979, the Secretary of Veterans Affairs, not later than
six months after the date of such declaration, shall determine and
recommend to the Congress whether eligibility for the readjustment
counseling and related mental health services provided for in
section 1712A [formerly 612A] of title 38, United States Code (as
added by subsection (a) of this section) should be extended to the
veterans of such war."
-End-
-CITE-
38 USC Sec. 1712B 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1712B. Counseling for former prisoners of war
-STATUTE-
The Secretary may establish a program under which, upon the
request of a veteran who is a former prisoner of war, the
Secretary, within the limits of Department facilities, furnishes
counseling to such veteran to assist such veteran in overcoming the
psychological effects of the veteran's detention or internment as a
prisoner of war.
-SOURCE-
(Added Pub. L. 99-166, title I, Sec. 107(a), Dec. 3, 1985, 99 Stat.
945, Sec. 612B; renumbered Sec. 1712B and amended Pub. L. 102-83,
Secs. 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.
404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 612B of this
title as this section.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in two places.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
-End-
-CITE-
38 USC Sec. 1713 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
[Sec. 1713. Renumbered Sec. 1781]
-STATUTE-
-MISC1-
PRIOR PROVISIONS
A prior section 1713 was renumbered section 3513 of this title.
-End-
-CITE-
38 USC Sec. 1714 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1714. Fitting and training in use of prosthetic appliances;
guide dogs; service dogs
-STATUTE-
(a) Any veteran who is entitled to a prosthetic appliance shall
be furnished such fitting and training, including institutional
training, in the use of such appliance as may be necessary, whether
in a Department facility or other training institution, or by
outpatient treatment, including such service under contract, and
including travel and incidental expenses (under the terms and
conditions set forth in section 111 of this title) to and from such
veteran's home to such hospital or training institution.
(b) The Secretary may provide guide dogs trained for the aid of
the blind to veterans who are enrolled under section 1705 of this
title. The Secretary may also provide such veterans with mechanical
or electronic equipment for aiding them in overcoming the
disability of blindness.
(c) The Secretary may, in accordance with the priority specified
in section 1705 of this title, provide -
(1) service dogs trained for the aid of the hearing impaired to
veterans who are hearing impaired and are enrolled under section
1705 of this title;
(2) service dogs trained for the aid of persons with spinal
cord injury or dysfunction or other chronic impairment that
substantially limits mobility to veterans with such injury,
dysfunction, or impairment who are enrolled under section 1705 of
this title; and
(3) service dogs trained for the aid of persons with mental
illnesses, including post-traumatic stress disorder, to veterans
with such illnesses who are enrolled under section 1705 of this
title.
(d) In the case of a veteran provided a dog under subsection (b)
or (c), the Secretary may pay travel and incidental expenses for
that veteran under the terms and conditions set forth in section
111 of this title to and from the veteran's home for expenses
incurred in becoming adjusted to the dog.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1143, Sec. 614; Pub. L. 93-
82, title I, Sec. 103(b), Aug. 2, 1973, 87 Stat. 181; Pub. L. 94-
581, title II, Sec. 210(a)(5), Oct. 21, 1976, 90 Stat. 2862; Pub.
L. 96-151, title II, Sec. 201(c), Dec. 20, 1979, 93 Stat. 1093;
renumbered Sec. 1714 and amended Pub. L. 102-83, Secs. 4(a)(3),
(4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406; Pub. L.
107-135, title II, Sec. 201(a), (b)(1), Jan. 23, 2002, 115 Stat.
2456, 2457; Pub. L. 111-117, div. E, title II, Sec. 229, Dec. 16,
2009, 123 Stat. 3307.)
-MISC1-
PRIOR PROVISIONS
Prior section 1714 was renumbered section 3514 of this title.
Provisions similar to those comprising subsec. (a) of this
section were classified to section 613 of this title prior to
repeal by section 103(b) of Pub. L. 93-82.
AMENDMENTS
2009 - Subsec. (c)(3). Pub. L. 111-117 added par. (3).
2002 - Pub. L. 107-135, Sec. 201(b)(1), substituted "guide dogs;
service dogs" for "seeing-eye dogs" in section catchline.
Subsec. (b). Pub. L. 107-135, Sec. 201(a)(1), struck out "seeing-
eye or" after "may provide", substituted "who are enrolled under
section 1705 of this title" for "who are entitled to disability
compensation, and may pay travel and incidental expenses (under the
terms and conditions set forth in section 111 of this title) to and
from their homes and incurred in becoming adjusted to such seeing-
eye or guide dogs", and substituted "disability" for "handicap".
Subsecs. (c), (d). Pub. L. 107-135, Sec. 201(a)(2), added
subsecs. (c) and (d).
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 614 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
"Department" for "Veterans' Administration".
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in two places.
1979 - Subsec. (a). Pub. L. 96-151, Sec. 201(c)(1), substituted
provisions respecting travel and incidental expenses for provisions
respecting necessary travel expenses.
Subsec. (b). Pub. L. 96-151, Sec. 201(c)(2), substituted
provisions respecting travel and incidental expenses for provisions
respecting all necessary travel expenses.
1976 - Subsec. (a). Pub. L. 94-581, Sec. 210(a)(5)(A),
substituted "such veteran's home" for "his home".
Subsec. (b). Pub. L. 94-581, Sec. 210(a)(5)(B), substituted "and
may pay" for "and he may pay".
1973 - Pub. L. 93-82 designated existing provisions as subsec.
(b) and added subsec. (a).
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-151 effective Jan. 1, 1980, see section
206 of Pub. L. 96-151, set out as a note under section 111 of this
title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
EFFECTIVE DATE
Section effective Sept. 1, 1973, see section 501 of Pub. L. 93-
82, set out as an Effective Date of 1973 Amendment note under
section 1701 of this title.
-End-
-CITE-
38 USC Sec. 1715 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1715. Tobacco for hospitalized veterans
-STATUTE-
The Secretary may furnish tobacco to veterans receiving hospital
or domiciliary care.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1143, Sec. 615; renumbered
Sec. 1715 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),
Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 615 of this
title as this section.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
USE OF TOBACCO PRODUCTS IN DEPARTMENT OF VETERANS AFFAIRS
FACILITIES
Pub. L. 102-585, title V, Sec. 526, Nov. 4, 1992, 106 Stat. 4961,
provided that:
"(a) In General. - The Secretary of Veterans Affairs shall take
appropriate actions to ensure that, consistent with medical
requirements and limitations, each facility of the Department
described in subsection (b) -
"(1) establishes and maintains -
"(A) a suitable indoor area in which patients or residents
may smoke and which is ventilated in a manner that, to the
maximum extent feasible, prevents smoke from entering other
areas of the facility; or
"(B) an area in a building that -
"(i) is detached from the facility;
"(ii) is accessible to patients or residents of the
facility; and
"(iii) has appropriate heating and air conditioning; and
"(2) provides access to an area established and maintained
under paragraph (1), consistent with medical requirements and
limitations, for patients or residents of the facility who are
receiving care or services and who desire to smoke tobacco
products.
"(b) Covered Facilities. - A Department facility referred to in
subsection (a) is any Department of Veterans Affairs medical
center, nursing home, or domiciliary care facility.
"(c) Reports. - (1) Not later than 180 days after the date of the
enactment of this Act [Nov. 4, 1992], the Comptroller General shall
submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report on the feasibility of the
establishment and maintenance of areas for smoking in Department
facilities under this section. The report shall include information
on -
"(A) the cost of, and a proposed schedule for, the
establishment of such an area at each Department facility covered
by this section;
"(B) the extent to which the ventilating system of each
facility is adequate to ensure that use of the area for smoking
does not result in health problems for other patients or
residents of the facility; and
"(C) the effect of the establishment and maintenance of an area
for smoking in each facility on the accreditation score issued
for the facility by the Joint Commission on the Accreditation of
Health Organizations.
"(2) Not later than 120 days after the effective date of this
section, the Secretary shall submit to the committees referred to
in paragraph (1) a report on the implementation of this section.
The report shall include a description of the actions taken at each
covered facility to ensure compliance with this section.
"(d) Effective Date. - The requirement to establish and maintain
areas for smoking under subsection (a) shall take effect 60 days
after the date on which the Comptroller General submits to the
committees referred to in subsection (c)(1) that report required
under that subsection."
-End-
-CITE-
38 USC Sec. 1716 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1716. Hospital care by other agencies of the United States
-STATUTE-
When so specified in an appropriation or other Act, the Secretary
may make allotments and transfers to the Departments of Health and
Human Services (Public Health Service), the Army, Navy, Air Force,
or Interior, for disbursement by them under the various headings of
their appropriations, of such amounts as are necessary for the care
and treatment of veterans entitled to hospitalization from the
Department under this chapter. The amounts to be charged the
Department for care and treatment of veterans in hospitals shall be
calculated on the basis of a per diem rate approved by the Office
of Management and Budget.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1143, Sec. 616; Pub. L. 94-
581, title II, Sec. 202(g), Oct. 21, 1976, 90 Stat. 2856; Pub. L.
97-295, Sec. 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; renumbered
Sec. 1716 and amended Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1),
(2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 616 of this
title as this section.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" in two places.
1982 - Pub. L. 97-295 substituted "Health and Human Services" for
"Health, Education, and Welfare".
1976 - Pub. L. 94-581 substituted "Office of Management and
Budget" for "Bureau of the Budget".
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
-End-
-CITE-
38 USC Sec. 1717 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1717. Home health services; invalid lifts and other devices
-STATUTE-
(a)(1) As part of medical services furnished to a veteran under
section 1710(a) of this title, the Secretary may furnish such home
health services as the Secretary finds to be necessary or
appropriate for the effective and economical treatment of the
veteran.
(2) Improvements and structural alterations may be furnished as
part of such home health services only as necessary to assure the
continuation of treatment for the veteran's disability or to
provide access to the home or to essential lavatory and sanitary
facilities. The cost of such improvements and structural
alterations (or the amount of reimbursement therefor) under this
subsection may not exceed -
(A) in the case of medical services furnished under section
1710(a)(1) of this title, or for a disability described in
section 1710(a)(2)(C) of this title -
(i) in the case of a veteran who first applies for benefits
under this paragraph before May 5, 2010, $4,100; or
(ii) in the case of a veteran who first applies for benefits
under this paragraph on or after May 5, 2010, $6,800; and
(B) in the case of medical services furnished under any other
provision of section 1710(a) of this title -
(i) in the case of a veteran who first applies for benefits
under this paragraph before May 5, 2010, $1,200; or
(ii) in the case of a veteran who first applies for benefits
under this paragraph on or after May 5, 2010, $2,000.
(3) The Secretary may furnish home health services to a veteran
in any setting in which the veteran is residing. The Secretary may
not furnish such services in such a manner as to relieve any other
person or entity of a contractual obligation to furnish services to
the veteran. When home health services are furnished in a setting
other than the veteran's home, such services may not include any
structural improvement or alteration.
(b) The Secretary may furnish an invalid lift, or any type of
therapeutic or rehabilitative device, as well as other medical
equipment and supplies (excluding medicines), if medically
indicated, to any veteran who is receiving (1) compensation under
section 1114(l)-(p) of this title (or the comparable rates provided
pursuant to section 1134 of this title), or (2) pension under
chapter 15 of this title by reason of being in need of regular aid
and attendance.
(c) The Secretary may furnish devices for assisting in overcoming
the handicap of deafness (including telecaptioning television
decoders) to any veteran who is profoundly deaf and is entitled to
compensation on account of hearing impairment.
(d)(1) In the case of a member of the Armed Forces who, as
determined by the Secretary, has a disability permanent in nature
incurred or aggravated in the line of duty in the active military,
naval, or air service, the Secretary may furnish improvements and
structural alterations for such member for such disability or as
otherwise described in subsection (a)(2) while such member is
hospitalized or receiving outpatient medical care, services, or
treatment for such disability if the Secretary determines that such
member is likely to be discharged or released from the Armed Forces
for such disability.
(2) The furnishing of improvements and alterations under
paragraph (1) in connection with the furnishing of medical services
described in subparagraph (A) or (B) of subsection (a)(2) shall be
subject to the limitation specified in the applicable subparagraph.
-SOURCE-
(Added Pub. L. 86-211, Sec. 5, Aug. 29, 1959, 73 Stat. 435, Sec.
617; amended Pub. L. 88-450, Sec. 6(a), (c), Aug. 19, 1964, 78
Stat. 504; Pub. L. 90-77, title I, Sec. 109, Aug. 31, 1967, 81
Stat. 180; Pub. L. 90-493, Sec. 3(a), Aug. 19, 1968, 82 Stat. 809;
Pub. L. 97-295, Sec. 4(18), Oct. 12, 1982, 96 Stat. 1306; Pub. L.
98-528, title I, Sec. 107, Oct. 19, 1984, 98 Stat. 2690; Pub. L. 99-
576, title II, Sec. 202(2), Oct. 28, 1986, 100 Stat. 3254; Pub. L.
100-322, title I, Sec. 101(d), May 20, 1988, 102 Stat. 491;
renumbered Sec. 1717 and amended Pub. L. 102-83, Secs. 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-
405, title I, Sec. 101(a), Oct. 9, 1992, 106 Stat. 1973; Pub. L.
104-262, title I, Sec. 101(d)(6), Oct. 9, 1996, 110 Stat. 3180;
Pub. L. 105-114, title IV, Sec. 402(b), Nov. 21, 1997, 111 Stat.
2294; Pub. L. 110-289, div. B, title VI, Sec. 2601, July 30, 2008,
122 Stat. 2858; Pub. L. 111-163, title V, Sec. 516(a), May 5, 2010,
124 Stat. 1166; Pub. L. 111-275, title X, Sec. 1001(c)(1), Oct. 13,
2010, 124 Stat. 2896.)
-MISC1-
AMENDMENTS
2010 - Subsec. (a)(2)(A), (B). Pub. L. 111-275 substituted "May
5, 2010" for "the date of the Caregivers and Veterans Omnibus
Health Services Act of 2010" wherever appearing.
Pub. L. 111-163 added subpars. (A) and (B) and struck out former
subpars. (A) and (B) which read as follows:
"(A) $4,100 in the case of medical services furnished under
section 1710(a)(1) of this title, or for a disability described in
section 1710(a)(2)(C) of this title; or
"(B) $1,200 in the case of medical services furnished under any
other provision of section 1710(a) of this title."
2008 - Subsec. (d). Pub. L. 110-289 added subsec. (d).
1997 - Subsec. (a)(1). Pub. L. 105-114, Sec. 402(b)(1),
substituted "treatment of the veteran" for "treatment of the
veteran's disability".
Subsec. (a)(2)(B). Pub. L. 105-114, Sec. 402(b)(2), substituted
"section 1710(a)" for "section 1710(a)(2)".
1996 - Subsec. (a)(1). Pub. L. 104-262, Sec. 101(d)(6)(A),
substituted "section 1710(a)" for "section 1712(a)".
Subsec. (a)(2)(A). Pub. L. 104-262, Sec. 101(d)(6)(B)(i),
substituted "section 1710(a)(1) of this title, or for a disability
described in section 1710(a)(2)(C) of this title" for "paragraph
(1) of section 1712(a) of this title".
Subsec. (a)(2)(B). Pub. L. 104-262, Sec. 101(d)(6)(B)(ii),
substituted "section 1710(a)(2)" for "section 1712".
1992 - Subsec. (a)(2). Pub. L. 102-405 substituted "$4,100" for
"$2,500" in subpar. (A) and "$1,200" for "$600" in subpar. (B).
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 617 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1712(a)"
for "612(a)" in pars. (1) and (2)(A) and "1712" for "612" in par.
(2)(B).
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" wherever appearing in pars. (1) and (3).
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1114(l)-
(p)" for "314(l)-(p)" and "1134" for "334".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
1988 - Pub. L. 100-322, Sec. 101(d)(3), substituted "Home health
services; invalid" for "Invalid" in section catchline.
Subsec. (a). Pub. L. 100-322, Sec. 101(d)(1)(B), added subsec.
(a). Former subsec. (a) redesignated (b).
Subsec. (a)(3). Pub. L. 100-322, Sec. 101(d)(2), transferred
subsec. (k) of section 612 of this title to subsec. (a) of this
section and redesignated it as par. (3).
Subsecs. (b), (c). Pub. L. 100-322, Sec. 101(d)(1)(A),
redesignated subsecs. (a) and (b) as (b) and (c), respectively.
1986 - Subsec. (a)(3) [formerly Sec. 612(k)]. Pub. L. 99-576
added subsec. (k). See 1988 Amendment note above.
1984 - Pub. L. 98-528 designated existing provision as subsec.
(a) and added subsec. (b).
1982 - Pub. L. 97-295 substituted "section 314(l)-(p) of this
title (or the comparable rates provided pursuant to section 334 of
this title)" for "subsections 314(l)-(p) (or the comparable rates
provided pursuant to section 334) of this title".
1968 - Pub. L. 90-493 substituted "Invalid lifts and other
devices" for "Invalid lifts and other devices for pensioners" in
section catchline, and inserted provisions authorizing the
Administrator to furnish lifts and other devices to any veteran who
is receiving compensation under subsections 314(l)-(p) (or the
comparable rates provided pursuant to section 334) of this title.
1967 - Subsec. (b). Pub. L. 90-77 substituted "to any veteran in
receipt of pension under chapter 15 of this title based on need of
regular aid and attendance" for "to any veteran who is eligible to
receive an invalid lift under subsection (a) of this section, or
who would be so eligible, but for the fact that he has such a
lift".
1964 - Pub. L. 88-450 inserted "and other devices" in section
catchline, designated existing provisions of section as subsec.
(a), and added subsec. (b).
EFFECTIVE DATE OF 1992 AMENDMENT
Section 101(b) of Pub. L. 102-405 provided that: "The amendments
made by subsection (a) [amending this section] shall apply with
respect to a veteran who first applies for benefits under section
1717(a)(2) of title 38, United States Code, after December 31,
1989."
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-322 applicable with respect to
furnishing of medical services to veterans who apply for such
services after June 30, 1988, see section 101(i) of Pub. L. 100-
322, set out as a note under section 1703 of this title.
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
Section effective July 1, 1960, see section 10 of Pub. L. 86-211,
set out as an Effective Date of 1959 Amendment note under section
1521 of this title.
APPLICABILITY OF INCREASE IN GRANT LIMITS
Pub. L. 111-163, title V, Sec. 516(b), May 5, 2010, 124 Stat.
1167, provided that: "A veteran who exhausts such veteran's
eligibility for benefits under section 1717(a)(2) of such title
[probably means 38 U.S.C. 1717(a)(2)] before the date of the
enactment of this Act [May 5, 2010], is not entitled to additional
benefits under such section by reason of the amendments made by
subsection (a) [amending this section]."
Section 101(c) of Pub. L. 102-405 provided that: "A veteran who
exhausts such veteran's eligibility for benefits under section
1717(a)(2) of title 38, United States Code, before January 1, 1990,
is not entitled to additional benefits under such section by reason
of the amendments made by subsection (a) [amending this section]."
-End-
-CITE-
38 USC Sec. 1718 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1718. Therapeutic and rehabilitative activities
-STATUTE-
(a) In providing rehabilitative services under this chapter, the
Secretary, upon the recommendation of the Under Secretary for
Health, may use the services of patients and members in Department
health care facilities for therapeutic and rehabilitative purposes.
Such patients and members shall not under these circumstances be
held or considered as employees of the United States for any
purpose. The Secretary shall prescribe the conditions for the use
of such services.
(b)(1) In furnishing rehabilitative services under this chapter,
the Secretary, upon the recommendation of the Under Secretary for
Health, may enter into a contract or other arrangement with any
appropriate source (whether or not an element of the Department of
Veterans Affairs or of any other Federal entity) to provide for
therapeutic work for patients and members in Department health care
facilities.
(2) Notwithstanding any other provision of law, the Secretary may
also furnish rehabilitative services under this subsection through
contractual arrangements with nonprofit entities to provide for
such therapeutic work for such patients. The Secretary shall
establish appropriate fiscal, accounting, management,
recordkeeping, and reporting requirements with respect to the
activities of any such nonprofit entity in connection with such
contractual arrangements.
(c)(1) There is hereby established in the Treasury of the United
States a revolving fund known as the Department of Veterans Affairs
Special Therapeutic and Rehabilitation Activities Fund (hereinafter
in this section referred to as the "fund") for the purpose of
furnishing rehabilitative services authorized in subsection (b) or
(d). Such amounts of the fund as the Secretary may determine to be
necessary to establish and maintain operating accounts for the
various rehabilitative services activities may be deposited in
checking accounts in other depositaries selected or established by
the Secretary.
(2) All funds received by the Department under contractual
arrangements made under subsection (b) or (d), or by nonprofit
entities described in subsection (b)(2), shall be deposited in or
credited to the fund, and the Secretary shall distribute out of the
fund moneys to participants at rates not less than the wage rates
specified in the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.) and regulations prescribed thereunder for work of similar
character.
(3) The Under Secretary for Health shall prepare, for inclusion
in the annual report submitted to Congress under section 529 of
this title, a description of the scope and achievements of
activities carried out under this section (including pertinent data
regarding productivity and rates of distribution) during the prior
twelve months and an estimate of the needs of the program of
therapeutic and rehabilitation activities to be carried out under
this section for the ensuing fiscal year.
(d) In providing to a veteran rehabilitative services under this
chapter, the Secretary may furnish the veteran with the following:
(1) Work skills training and development services.
(2) Employment support services.
(3) Job development and placement services.
(e) In providing rehabilitative services under this chapter, the
Secretary shall take appropriate action to make it possible for the
patient to take maximum advantage of any benefits to which such
patient is entitled under chapter 31, 34, or 35 of this title, and,
if the patient is still receiving treatment of a prolonged nature
under this chapter, the provision of rehabilitative services under
this chapter shall be continued during, and coordinated with, the
pursuit of education and training under such chapter 31, 34, or 35.
(f) The Secretary shall prescribe regulations to ensure that the
priorities set forth in section 1705 of this title shall be
applied, insofar as practicable, to participation in therapeutic
and rehabilitation activities carried out under this section.
(g)(1) The Secretary may not consider any of the matters stated
in paragraph (2) as a basis for the denial or discontinuance of a
rating of total disability for purposes of compensation or pension
based on the veteran's inability to secure or follow a
substantially gainful occupation as a result of disability.
(2) Paragraph (1) applies to the following:
(A) A veteran's participation in an activity carried out under
this section.
(B) A veteran's receipt of a distribution as a result of
participation in an activity carried out under this section.
(C) A veteran's participation in a program of rehabilitative
services that (i) is provided as part of the veteran's care
furnished by a State home and (ii) is approved by the Secretary
as conforming appropriately to standards for activities carried
out under this section.
(D) A veteran's receipt of payment as a result of participation
in a program described in subparagraph (C).
(3) A distribution of funds made under this section and a payment
made to a veteran under a program of rehabilitative services
described in paragraph (2)(C) shall be considered for the purposes
of chapter 15 of this title to be a donation from a public or
private relief or welfare organization.
-SOURCE-
(Added Pub. L. 87-574, Sec. 2(1), Aug. 6, 1962, 76 Stat. 308, Sec.
618; amended Pub. L. 94-581, title I, Sec. 105(a), Oct. 21, 1976,
90 Stat. 2845; Pub. L. 98-543, title III, Sec. 303, Oct. 24, 1984,
98 Stat. 2748; Pub. L. 99-576, title II, Sec. 205, Oct. 28, 1986,
100 Stat. 3256; Pub. L. 102-54, Secs. 10, 14(b)(12), June 13, 1991,
105 Stat. 273, 284; renumbered Sec. 1718 and amended Pub. L. 102-
83, Secs. 2(c)(3), 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1),
Aug. 6, 1991, 105 Stat. 402, 404-406; Pub. L. 102-86, title V, Sec.
506(a)(1), Aug. 14, 1991, 105 Stat. 426; Pub. L. 102-405, title
III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 102-585,
title IV, Sec. 401, Nov. 4, 1992, 106 Stat. 4953; Pub. L. 103-446,
title XII, Sec. 1201(i)(1), Nov. 2, 1994, 108 Stat. 4688; Pub. L.
104-262, title I, Sec. 101(d)(7), Oct. 9, 1996, 110 Stat. 3180;
Pub. L. 108-170, title I, Sec. 104(b), Dec. 6, 2003, 117 Stat.
2045; Pub. L. 109-444, Sec. 8(a)(1), Dec. 21, 2006, 120 Stat. 3313;
Pub. L. 109-461, title X, Secs. 1004(a)(1), 1006(b), Dec. 22, 2006,
120 Stat. 3465, 3468.)
-REFTEXT-
REFERENCES IN TEXT
The Fair Labor Standards Act of 1938, referred to in subsec.
(c)(2), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended,
which is classified generally to chapter 8 (Sec. 201 et seq.) of
Title 29, Labor. For complete classification of this Act to the
Code, see section 201 of Title 29 and Tables.
-MISC1-
AMENDMENTS
2006 - Subsec. (c)(2). Pub. L. 109-461, Sec. 1006(b), provided
that as of the enactment of Pub. L. 109-461, the amendments made by
Pub. L. 109-444 were deemed for all purposes not to have taken
effect and that Pub. L. 109-444 ceased to be in effect. See
Amendment notes below and section 1006(b) of Pub. L. 109-461, set
out as a Coordination of Provisions With Pub. L. 109-444 note under
section 101 of this title.
Pub. L. 109-461, Sec. 1004(a)(1), inserted "of 1938" after "Act".
Pub. L. 109-444, which inserted "of 1938" after "Act", was
terminated by Pub. L. 109-461, Sec. 1006(b). See Amendment notes
above.
2003 - Subsec. (c)(1). Pub. L. 108-170, Sec. 104(b)(2)(A),
substituted "subsection (b) or (d)" for "subsection (b) of this
section".
Subsec. (c)(2). Pub. L. 108-170, Sec. 104(b)(2)(B), substituted
"subsection (b) or (d)" for "subsection (b) of this section" and
"subsection (b)(2)" for "paragraph (2) of such subsection".
Subsecs. (d) to (g). Pub. L. 108-170, Sec. 104(b)(1), added
subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to
(g), respectively.
1996 - Subsec. (e). Pub. L. 104-262 substituted "section 1705"
for "section 1712(i)".
1994 - Subsec. (c)(1). Pub. L. 103-446 substituted "Department of
Veterans Affairs" for "Department".
1992 - Subsecs. (a), (b)(1), (c)(3). Pub. L. 102-405 substituted
"Under Secretary for Health" for "Chief Medical Director".
Subsec. (f). Pub. L. 102-585 amended subsec. (f) generally. Prior
to amendment, subsec. (f) read as follows:
"(1) Neither a veteran's participation in an activity carried out
under this section nor a veteran's receipt of a distribution as a
result of such participation may be considered as a basis for the
denial or discontinuance of a rating of total disability for
purposes of compensation or pension based on the veteran's
inability to secure or follow a substantially gainful occupation as
a result of disability.
"(2) A distribution of funds made under this section shall be
considered for purposes of chapter 15 of this title to be a
donation from a public or private relief or welfare organization."
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 618 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in two places.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
Subsec. (b)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
Pub. L. 102-54, Sec. 10(a), substituted "a contract or other
arrangement with any appropriate source (whether or not an element
of the Department of Veterans Affairs or of any other Federal
entity)" for "contractual arrangements with private industry or
other sources outside the Veterans' Administration".
Subsec. (b)(2). Pub. L. 102-86 amended subsec. (b)(2) of this
section as in effect before the redesignations made by Pub. L. 102-
83, Sec. 5, by substituting "arrangements" for "arangements" in
first sentence.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in two places.
Subsec. (c)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in two places.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
Pub. L. 102-54, Sec. 10(b), substituted "furnishing
rehabilitative services authorized in" for "carrying out the
provisions of".
Subsec. (c)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
Subsec. (c)(3). Pub. L. 102-83, Sec. 2(c)(3), substituted
"section 529" for "section 214".
Pub. L. 102-54, Sec. 14(b)(12), inserted "and" after
"productivity".
Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted "1712(i)"
for "612(i)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
1986 - Subsec. (a). Pub. L. 99-576, Sec. 205(1), substituted "may
use" for "may utilize", "purposes. Such" for "purposes, at nominal
remuneration, and such", and "use" for "utilization".
Subsec. (b)(1). Pub. L. 99-576, Sec. 205(2), struck out "for
remuneration" after "therapeutic work".
Subsec. (c)(2), (3). Pub. L. 99-576, Sec. 205(3), substituted
"distribute" for "pay" in par. (2), and substituted "rates of
distribution" for "and wage rates" in par. (3).
Subsec. (f). Pub. L. 99-576, Sec. 205(4), designated existing
provisions as par. (1), substituted "a distribution" for
"remuneration", and added par. (2).
1984 - Subsec. (f). Pub. L. 98-543 added subsec. (f).
1976 - Subsec. (a). Pub. L. 94-581, Sec. 105(a)(1), (2),
designated existing provisions as subsec. (a) and substituted "In
providing rehabilitative services under this chapter, the" for
"The" and "health care facilities" for "hospitals and
domiciliaries".
Subsecs. (b) to (e). Pub. L. 94-581, Sec. 105(a)(3), added
subsecs. (b) to (e).
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
DEMONSTRATION PROGRAM OF COMPENSATED WORK THERAPY AND THERAPEUTIC
TRANSITIONAL HOUSING
Section 7 of Pub. L. 102-54, as amended by Pub. L. 102-83, Sec.
5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-86, title V, Sec.
501, Aug. 14, 1991, 105 Stat. 424; Pub. L. 103-452, title I, Sec.
103(f), Nov. 2, 1994, 108 Stat. 4787; Pub. L. 104-110, title I,
Sec. 102(b), Feb. 13, 1996, 110 Stat. 769, authorized Secretary of
Veterans' Affairs, between Oct. 1, 1991, and Dec. 31, 1997, to
carry out compensated work therapy and therapeutic transitional
housing demonstration program, prior to repeal by Pub. L. 105-114,
title II, Sec. 202(c)(1), Nov. 21, 1997, 111 Stat. 2287.
SETTLEMENT OF CLAIMS
Section 105(b) of Pub. L. 94-581, as amended by Pub. L. 97-258,
Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067; Pub. L. 102-83, Sec.
6(a), Aug. 6, 1991, 105 Stat. 407, provided that:
"(1) The Secretary of Veterans Affairs may settle claims made by
the Department of Veterans Affairs against any private nonprofit
corporation organized under the laws of any State, for the use of
facilities and personnel of the Department in work projects as a
part of a therapeutic or rehabilitation program for patients and
members in health care facilities of the Department, and to execute
a binding release of all claims by the United States against any
such corporation, in such amounts, and upon such terms and
conditions as the Secretary considers appropriate.
"(2) For the purposes of this subsection, notwithstanding section
3302 of title 31, or any other provision of law, the Secretary may
utilize any funds received under any settlement made pursuant to
paragraph (1) of this subsection for any purpose agreed upon by the
Secretary and such corporation."
-End-
-CITE-
38 USC Sec. 1719 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1719. Repair or replacement of certain prosthetic and other
appliances
-STATUTE-
The Secretary may repair or replace any artificial limb, truss,
brace, hearing aid, spectacles, or similar appliance (not including
dental appliances) reasonably necessary to a veteran and belonging
to such veteran which was damaged or destroyed by a fall or other
accident caused by a service-connected disability for which such
veteran is in receipt of, or but for the receipt of retirement pay
would be entitled to, disability compensation.
-SOURCE-
(Added Pub. L. 87-850, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1126,
Sec. 619; amended Pub. L. 94-581, title II, Sec. 210(a)(6), Oct.
21, 1976, 90 Stat. 2862; renumbered Sec. 1719 and amended Pub. L.
102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-
406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 619 of this
title as this section.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
1976 - Pub. L. 94-581 substituted "belonging to such veteran" for
"belonging to him".
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
EFFECTIVE DATE
Section 2 of Pub. L. 87-850 provided that: "The amendment made by
this Act [enacting this section] shall apply only with respect to
the repair or replacement of artificial limbs, trusses, braces,
hearing aids, spectacles, and similar devices damaged or destroyed
after the date of enactment of this Act [Oct. 23, 1962]."
-End-
-CITE-
38 USC Sec. 1720 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1720. Transfers for nursing home care; adult day health care
-STATUTE-
(a)(1) Subject to subsection (b) of this section, the Secretary
may transfer to a non-Department nursing home, for care at the
expense of the United States -
(A) a veteran -
(i) who has been furnished care by the Secretary in a
facility under the direct jurisdiction of the Secretary; and
(ii) who the Secretary determines -
(I) requires a protracted period of nursing home care which
can be furnished in the non-Department nursing home; and
(II) in the case of a veteran who has been furnished
hospital care in a facility under the direct jurisdiction of
the Secretary, has received maximum benefits from such care;
and
(B) a member of the Armed Forces -
(i) who has been furnished care in a hospital of the Armed
Forces;
(ii) who the Secretary concerned determines has received
maximum benefits from such care but requires a protracted
period of nursing home care; and
(iii) who upon discharge from the Armed Forces will become a
veteran.
(2) The Secretary may transfer a person to a nursing home under
this subsection only if the Secretary determines that the cost to
the United States of the care of such person in the nursing home
will not exceed -
(A) the amount equal to 45 percent of the cost of care
furnished by the Department in a general hospital under the
direct jurisdiction of the Secretary (as such cost may be
determined annually by the Secretary); or
(B) the amount equal to 50 percent of such cost, if such higher
amount is determined to be necessary by the Secretary (upon the
recommendation of the Under Secretary for Health) to provide
adequate care.
(3) Nursing home care may not be furnished under this subsection
at the expense of the United States for more than six months in the
aggregate in connection with any one transfer except -
(A) in the case of a veteran -
(i) who is transferred to a non-Department nursing home from
a hospital under the direct jurisdiction of the Secretary; and
(ii) whose hospitalization was primarily for a service-
connected disability;
(B) in a case in which the nursing home care is required for a
service-connected disability; or
(C) in a case in which, in the judgment of the Secretary, a
longer period of nursing home care is warranted.
(4) A veteran who is furnished care by the Secretary in a
hospital or domiciliary facility in Alaska or Hawaii may be
furnished nursing home care at the expense of the United States
under this subsection even if such hospital or domiciliary facility
is not under the direct jurisdiction of the Secretary.
(b) No veteran may be transferred or admitted to any institution
for nursing home care under this section, unless such institution
is determined by the Secretary to meet such standards as the
Secretary may prescribe. The standards prescribed and any report of
inspection of institutions furnishing care to veterans under this
section made by or for the Secretary shall, to the extent possible,
be made available to all Federal, State, and local agencies charged
with the responsibility of licensing or otherwise regulating or
inspecting such institutions.
(c)(1)(A) In furnishing nursing home care, adult day health care,
or other extended care services under this section, the Secretary
may enter into agreements for furnishing such care or services with
-
(i) in the case of the medicare program, a provider of services
that has entered into a provider agreement under section 1866(a)
of the Social Security Act (42 U.S.C. 1395cc(a)); and
(ii) in the case of the medicaid program, a provider
participating under a State plan under title XIX of such Act (42
U.S.C. 1396 et seq.).
(B) In entering into an agreement under subparagraph (A) with a
provider of services described in clause (i) of that subparagraph
or a provider described in clause (ii) of that subparagraph, the
Secretary may use the procedures available for entering into
provider agreements under section 1866(a) of the Social Security
Act.
(2) In applying the provisions of section 6704(a) of title 41
with respect to any contract entered into under this section to
provide nursing home care of veterans, the payment of wages not
less than those specified in section 6(b) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(b)) shall be deemed to
constitute compliance with such provisions.
(d)(1) Subject to subsection (b) of this section, the Secretary
may authorize for any veteran requiring nursing home care for a
service-connected disability direct admission for such care at the
expense of the United States to any non-Department nursing home.
The Secretary may also authorize a direct admission to such a
nursing home for nursing home care for any veteran who has been
discharged from a hospital under the direct jurisdiction of the
Secretary and who is currently receiving medical services as part
of home health services from the Department.
(2) Direct admission authorized by paragraph (1) of this
subsection may be authorized upon determination of need therefor -
(A) by a physician employed by the Department; or
(B) in areas where no such physician is available, by a
physician carrying out such function under contract or fee
arrangement,
based on an examination by such physician.
(3) The amount which may be paid for such care and the length of
care available under this subsection shall be the same as
authorized under subsection (a) of this section.
(e)(1) The cost of intermediate care for purposes of payment by
the United States pursuant to subsection (a)(2)(B) of this section
shall be determined by the Secretary except that the rate of
reimbursement shall be commensurately less than that provided for
nursing home care.
(2) For the purposes of this section, the term "non-Department
nursing home" means a public or private institution not under the
direct jurisdiction of the Secretary which furnishes nursing home
care.
(f)(1)(A) The Secretary may furnish adult day health care
services to a veteran enrolled under section 1705(a) of this title
who would otherwise require nursing home care.
(B) The Secretary may provide in-kind assistance (through the
services of Department employees and the sharing of other
Department resources) to a facility furnishing care to veterans
under subparagraph (A) of this paragraph. Any such in-kind
assistance shall be provided under a contract or agreement between
the Secretary and the facility concerned. The Secretary may provide
such assistance only for use solely in the furnishing of adult day
health care and only if, under such contract or agreement, the
Department receives reimbursement for the full cost of such
assistance, including the cost of services and supplies and normal
depreciation and amortization of equipment. Such reimbursement may
be made by reduction in the charges to the United States or by
payment to the United States. Any funds received through such
reimbursement shall be credited to funds allotted to the Department
facility that provided the assistance.
(2) The Secretary may conduct, at facilities over which the
Secretary has direct jurisdiction, programs for the furnishing of
adult day health care to veterans who are eligible for such care
under paragraph (1) of this subsection, except that necessary
travel and incidental expenses (or transportation in lieu thereof)
may be furnished under such a program only under the terms and
conditions set forth in section 111 of this title. The furnishing
of care under any such program shall be subject to the limitations
that are applicable to the duration of adult day health care
furnished under paragraph (1) of this subsection.
(g) The Secretary may contract with appropriate entities to
provide specialized residential care and rehabilitation services to
a veteran of Operation Enduring Freedom or Operation Iraqi Freedom
who the Secretary determines suffers from a traumatic brain injury,
has an accumulation of deficits in activities of daily living and
instrumental activities of daily living, and because of these
deficits, would otherwise require admission to a nursing home even
though such care would generally exceed the veteran's nursing
needs.
-SOURCE-
(Added Pub. L. 88-450, Sec. 2(a), Aug. 19, 1964, 78 Stat. 500, Sec.
620; amended Pub. L. 90-429, July 26, 1968, 82 Stat. 446; Pub. L.
90-612, Secs. 1, 3, Oct. 21, 1968, 82 Stat. 1202; Pub. L. 91-101,
Oct. 30, 1969, 83 Stat. 167; Pub. L. 93-82, title I, Sec. 104, Aug.
2, 1973, 87 Stat. 182; Pub. L. 94-581, title I, Sec. 106, title II,
Secs. 202(h), 210(a)(7), Oct. 21, 1976, 90 Stat. 2847, 2856, 2863;
Pub. L. 97-295, Sec. 4(19), Oct. 12, 1982, 96 Stat. 1306; Pub. L.
98-160, title I, Sec. 103(a)(1), (2), Nov. 21, 1983, 97 Stat. 995;
Pub. L. 99-166, title I, Sec. 108(a)-(c), Dec. 3, 1985, 99 Stat.
946, 947; Pub. L. 99-272, title XIX, Sec. 19011(d)(5), Apr. 7,
1986, 100 Stat. 379; Pub. L. 100-322, title I, Secs. 103(b),
111(a), May 20, 1988, 102 Stat. 493, 499; renumbered Sec. 1720 and
amended Pub. L. 102-83, Secs. 4(a)(2)(A)(ii), (3)-(5), (b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403-406; Pub. L. 102-
405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub.
L. 104-262, title I, Sec. 101(d)(8), Oct. 9, 1996, 110 Stat. 3180;
Pub. L. 105-114, title IV, Sec. 402(c), Nov. 21, 1997, 111 Stat.
2294; Pub. L. 106-117, title I, Sec. 101(d), Nov. 30, 1999, 113
Stat. 1549; Pub. L. 108-170, title I, Sec. 105, Dec. 6, 2003, 117
Stat. 2045; Pub. L. 111-163, title V, Sec. 507, May 5, 2010, 124
Stat. 1161; Pub. L. 111-350, Sec. 5(j)(1), Jan. 4, 2011, 124 Stat.
3850.)
-REFTEXT-
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (c)(1)(A)(ii), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is
classified generally to subchapter XIX (Sec. 1396 et seq.) of
chapter 7 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see section 1305 of Title
42 and Tables.
-MISC1-
PRIOR PROVISIONS
Prior section 1720 was renumbered section 3520 of this title.
AMENDMENTS
2011 - Subsec. (c)(2). Pub. L. 111-350 substituted "section
6704(a) of title 41" for "section 2(b)(1) of the Service Contract
Act of 1965 (41 U.S.C. 351(b)(1))".
2010 - Subsec. (g). Pub. L. 111-163 added subsec. (g).
2003 - Subsec. (c). Pub. L. 108-170, Sec. 105(a), designated
existing provisions as par. (2) and added par. (1).
Subsec. (f)(1)(B). Pub. L. 108-170, Sec. 105(b), inserted "or
agreement" after "contract" in two places.
1999 - Subsec. (f)(1)(A). Pub. L. 106-117 amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: "The
Secretary is authorized to furnish adult day health care as
provided for in this subsection. For the purpose only of
authorizing the furnishing of such care and specifying the terms
and conditions under which it may be furnished to veterans needing
such care -
"(i) references to 'nursing home care' in subsections (a)
through (d) of this section shall be deemed to be references to
'adult day health care'; and
"(ii) a veteran who is eligible for medical services under
paragraph (1), (2), or (3) of section 1710(a) of this title shall
be deemed to be a veteran described in subsection (a)(1) of this
section."
1997 - Subsec. (a)(1)(A)(i). Pub. L. 105-114 substituted "care"
for "hospital care, nursing home care, or domiciliary care".
1996 - Subsec. (f)(1)(A)(ii). Pub. L. 104-262, Sec. 101(d)(8)(A),
substituted "paragraph (1), (2), or (3) of section 1710(a)" for
"section 1712(a)(1)(B)".
Subsec. (f)(3). Pub. L. 104-262, Sec. 101(d)(8)(B), struck out
par. (3) which read as follows: "Adult day health care may not be
furnished under this section after September 30, 1991."
1992 - Subsec. (a)(2)(B). Pub. L. 102-405 substituted "Under
Secretary for Health" for "Chief Medical Director".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 620 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" wherever appearing in par. (1)
introductory provisions and subpar. (A) and pars. (2) to (4).
Pub. L. 102-83, Sec. 4(a)(5), substituted "non-Department" for
"non-Veterans' Administration" wherever appearing in pars. (1) and
(3)(A)(i).
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" in par. (2)(A).
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" wherever appearing.
Subsec. (d)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" wherever appearing.
Pub. L. 102-83, Sec. 4(a)(5), substituted "non-Department" for
"non-Veterans' Administration".
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
Subsec. (d)(2)(A). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
"Department" for "Veterans' Administration".
Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in pars. (1) and (2).
Pub. L. 102-83, Sec. 4(a)(5), substituted "non-Department" for
"non-Veterans' Administration" in par. (2).
Subsec. (f)(1)(A). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator" in introductory
provisions.
Subsec. (f)(1)(A)(ii). Pub. L. 102-83, Sec. 5(c)(1), substituted
"1712(a)(1)(B)" for "612(a)(1)(B)".
Subsec. (f)(1)(B). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator" before "may" in two
places.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" wherever appearing.
Pub. L. 102-83, Sec. 4(a)(2)(A)(ii), substituted "Secretary" for
"Veterans' Administration" in second sentence.
Subsec. (f)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in two places.
1988 - Subsec. (e)(1). Pub. L. 100-322, Sec. 103(b), struck out
"For the purposes of this section, the term 'nursing home care'
includes intermediate care, as determined by the Administrator in
accordance with regulations which the Administrator shall
prescribe." at beginning and struck out "(as defined in section
101(28) of this title)" after "provided for nursing home care".
Subsec. (f)(3). Pub. L. 100-322, Sec. 111(a), substituted
"September 30, 1991" for "September 30, 1988".
1986 - Subsec. (f)(1)(A)(ii). Pub. L. 99-272 substituted
"612(a)(1)(B)" for "612(f)(2)".
1985 - Subsec. (a). Pub. L. 99-166, Sec. 108(a), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows:
"Subject to subsection (b) and except as provided in subsection (e)
of this section, the Administrator may transfer -
"(1) Any veteran who has been furnished care by the
Administrator in a hospital under the direct jurisdiction of the
Administrator, and
"(2) Any person (A) who has been furnished care in any hospital
of any of the Armed Forces, (B) who the appropriate Secretary
concerned has determined has received maximum hospital benefits
but requires a protracted period of nursing home care, and (C)
who upon discharge therefrom will become a veteran
to any public or private institution not under the jurisdiction of
the Administrator which furnishes nursing home care, for care at
the expense of the United States, only if the Administrator
determines that -
"(i) such veteran has received maximum benefits from such care
in such hospital, but will require a protracted period of nursing
home care which can be furnished in such institution, and
"(ii) the cost of such nursing home care in such institution
will not exceed 45 percent of the cost of care furnished by the
Veterans' Administration in a general hospital under the direct
and exclusive jurisdiction of the Administrator, as such cost may
be determined annually by the Administrator, or not to exceed 50
percent of such cost where determined necessary by the
Administrator, upon recommendation of the Chief Medical Director,
to provide adequate care.
Nursing home care may not be furnished pursuant to this section at
the expense of the United States for more than six months in the
aggregate in connection with any one transfer, except (I) in the
case of the veteran whose hospitalization was primarily for a
service-connected disability, or (II) where in the judgment of the
Administrator a longer period is warranted in the case of any other
veteran. Any veteran who is furnished care by the Administrator in
a hospital in Alaska or Hawaii may be furnished nursing home care
under the provisions of this section even if such hospital is not
under the direct jurisdiction of the Administrator."
Subsec. (d). Pub. L. 99-166, Sec. 108(b), designated existing
first sentence as par. (1), substituted "to any non-Veterans'
Administration nursing home" for "to any public or private
institution not under the jurisdiction of the Administrator which
furnishes nursing home care", inserted "The Administrator may also
authorize a direct admission to such a nursing home for nursing
home care for any veteran who has been discharged from a hospital
under the direct jurisdiction of the Administrator and who is
currently receiving medical services as part of home health
services from the Veterans' Administration.", substituted par. (2)
for "Such admission may be authorized upon determination of need
therefor by a physician employed by the Veterans' Administration
or, in areas where no such physician is available, carrying out
such function under contract or fee arrangement based on an
examination by such physician.", and designated existing last
sentence as par. (3).
Subsec. (e). Pub. L. 99-166, Sec. 108(c), designated existing
provisions as par. (1), substituted "subsection (a)(2)(B)" for
"subsection (a)(ii)" in second sentence, and added par. (2).
1983 - Pub. L. 98-160, Sec. 103(a)(2), inserted "; adult day
health care" in section catchline.
Subsec. (f). Pub. L. 98-160, Sec. 103(a)(1), added subsec. (f).
1982 - Subsec. (a)(ii) Pub. L. 97-295, Sec. 4(19)(A), substituted
"percent" for "per centum" wherever appearing.
Subsec. (c). Pub. L. 97-295, Sec. 4(19)(B), inserted "(41 U.S.C.
351(b)(1))" after "the Service Contract Act of 1965" and
substituted "(29 U.S.C. 206(b))" for ", as amended,".
1976 - Subsec. (a). Pub. L. 94-581, Secs. 106(1)-(3), 202(h),
inserted "and except as provided in subsection (e)" after
"subsection (b)" in provisions preceding par. (1), substituted
"direct jurisdiction" for "direct and exclusive jurisdiction" in
par. (1), substituted "45 per centum" for "40 per centum" and
"annually" for "from time to time" in cl. (ii) and inserted ", or
not to exceed 50 per centum of such cost where determined necessary
by the Administrator, upon recommendation of the Chief Medical
Director, to provide adequate care" at the end thereof, and
substituted "direct jurisdiction" for "direct and exclusive
jurisdiction" in provisions following cl. (ii).
Subsec. (b). Pub. L. 94-581, Sec. 210(a)(7), substituted "such
standards as the Administrator may prescribe" for "such standards
as he may prescribe".
Subsec. (e). Pub. L. 94-581, Sec. 106(4), added subsec. (e).
1973 - Subsec. (a). Pub. L. 93-82, Sec. 104(a), (b), designated
cls. (1) and (2) as (i) and (ii), respectively, and in provisions
preceding cl. (i) as so designated, substituted authority of the
Administrator to transfer veterans and other persons under pars.
(1) and (2), for authority of the Administrator to transfer
veterans who have been furnished care by the Administrator in a
hospital under the direct and exclusive jurisdiction of the
Administrator, to any public or private institution not under the
jurisdiction of the Administrator which furnishes nursing home care
for care at the expense of the United States, and in the provisions
following cl. (ii) as so designated, substituted designations (I)
and (II) for designations (A) and (B).
Subsec. (b). Pub. L. 93-82, Sec. 104(c), inserted provisions
relating to the admissions of veterans to institutions for nursing
home care and for the furnishing of standards and reports to
Federal, State and local agencies charged with the responsibility
of licensing or otherwise regulating or inspecting such
institutions.
Subsec. (d). Pub. L. 93-82, Sec. 104(d), added subsec. (d).
1969 - Subsec. (a). Pub. L. 91-101 inserted provision authorizing
the furnishing of nursing home care for more than six months in the
aggregate in connection with any one transfer in the case of a
veteran whose hospitalization was primarily for a service-connected
disability.
1968 - Subsec. (a). Pub. L. 90-612, Sec. 1, authorized furnishing
of nursing home care to veterans who are being furnished care by
the Administrator in hospitals in Alaska or Hawaii even if the
hospitals involved are not under the direct and exclusive
jurisdiction of the Administrator.
Subsec. (a)(2). Pub. L. 90-429 substituted "40 per centum" for
"one-third".
Subsec. (c). Pub. L. 90-612, Sec. 3, added subsec. (c).
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-272 applicable to hospital care, nursing
home care, and medical services furnished on or after July 1, 1986,
see section 19011(f) of Pub. L. 99-272, set out as a note under
section 1710 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of this
title.
EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section
501 of Pub. L. 93-82, set out as a note under section 1701 of this
title.
COMPARISON STUDY BETWEEN ADULT DAY HEALTH CARE AND NURSING HOME
CARE
Section 111(b), (c) of Pub. L. 100-322 directed Administrator to
conduct a study of medical efficacy and cost-effectiveness of
furnishing adult day health care under subsec. (f) of this section
as an alternative to nursing home care and the comparative
advantages and disadvantages of providing such care through
facilities that are not under direct jurisdiction of Administrator
and through facilities that are under direct jurisdiction of
Administrator, with Administrator to submit to Committees on
Veterans' Affairs of Senate and House of Representatives an interim
report on the study not later than Feb. 1, 1988, a final report on
such study not later than Feb. 1, 1991.
Section 103(b), (c) of Pub. L. 98-160, which provided for a study
and report, not later than Feb. 1, 1988, of the medical efficacy
and cost-effectiveness of furnishing adult day health care as an
alternative for nursing home care and of the comparative advantages
and disadvantages of providing such care in Veterans'
Administration or in other facilities, was repealed by Pub. L. 100-
322, title I, Sec. 111(d), May 20, 1988, 102 Stat. 499.
-End-
-CITE-
38 USC Sec. 1720A 01/03/2012 (112-90)
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 17 - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER II - HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND
MEDICAL TREATMENT
-HEAD-
Sec. 1720A. Treatment and rehabilitative services for persons with
drug or alcohol dependency
-STATUTE-
(a) The Secretary, in consultation with the Secretary of Labor
and the Director of the Office of Personnel Management, may take
appropriate steps to (1) urge all Federal agencies and appropriate
private and public firms, organizations, agencies, and persons to
provide appropriate employment and training opportunities for
veterans who have been provided treatment and rehabilitative
services under this title for alcohol or drug dependence or abuse
disabilities and have been determined by competent medical
authority to be sufficiently rehabilitated to be employable, and
(2) provide all possible assistance to the Secretary of Labor in
placing such veterans in such opportunities.
(b) Upon receipt of an application for treatment and
rehabilitative services under this title for an alcohol or drug
dependence or abuse disability from any individual who has been
discharged or released from active military, naval, or air service
but who is not eligible for such treatment and services, the
Secretary shall -
(1) provide referral services to assist such individual, to the
maximum extent practicable, in obtaining treatment and
rehabilitative services from sources outside the Department; and
(2) if pertinent, advise such individual of such individual's
rights to apply to the appropriate military, naval, or air
service and the Department for review of such individual's