[USC10] VETERANS' BENEFITS
Result 1 of 1
   
 

TITLE 38—VETERANS' BENEFITS

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

Part
Sec.
I.
General Provisions
101
II.
General Benefits
1101
III.
Readjustment and Related Benefits
3001
IV.
General Administrative Provisions
5100
V.
Boards, Administrations, and Services
7101
VI.
Acquisition and Disposition of Property
8101

        

Amendments

2002Pub. L. 107–330, title III, §308(g)(1)(B), Dec. 6, 2002, 116 Stat. 2828, substituted "5100" for "5101" in item for part IV.

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

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

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

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

Former Sections

Title 38

New Sections

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

Former Sections

Title 38

Renumbered Sections

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

Enacting Clause

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

Effective Date

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

Offenses Committed Under Repealed Laws

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

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

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

Continuation of Authority Under Act of July 3, 1930

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

Cross References

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

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

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

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

Continuing Availability of Appropriations

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

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

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

Outstanding Rules, Regulations, and Orders

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

Publication

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

Pending Claims

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

Persons Receiving Benefits on December 31, 1958

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

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

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

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

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

Continuation of Certain Rights and Benefits

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

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

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

"(c) [Repealed by Pub. 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, §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 [now 4214], 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

2010Pub. L. 111–163, title III, §302(b), May 5, 2010, 124 Stat. 1149, added item for chapter 75.

2008Pub. L. 110–252, title V, §5003(a)(2), June 30, 2008, 122 Stat. 2375, added item for chapter 33.

2006Pub. L. 109–461, title IX, §903(a)(2), Dec. 22, 2006, 120 Stat. 3464, added item for chapter 79.

Pub. L. 109–233, title IV, §402(d)(3), June 15, 2006, 120 Stat. 411, added item for chapter 63.

2003Pub. L. 108–183, title I, §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.

2002Pub. L. 107–330, title III, §308(g)(1)(A), Dec. 6, 2002, 116 Stat. 2828, substituted "5100" for "5101" in item for chapter 51.

2001Pub. L. 107–95, §5(a)(2), Dec. 21, 2001, 115 Stat. 918, added item for chapter 20.

2000Pub. L. 106–419, title IV, §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.

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

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

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

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

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

Pub. L. 102–83, §§2(d)(1), 5(b)(2), Aug. 6, 1991, 105 Stat. 402, 406, substituted "Department of Veterans Affairs . . . 301" for "Veterans' Administration; Officers and Employees . . . 201" in item for chapter 3, added items for chapters 5, 7, 9, and 77, substituted "1101" for "301" in item for chapter 11, "1301" for "401" in item for chapter 13, "1501" for "501" in item for chapter 15, "1701" for "601" in item for chapter 17, "1901" for "701" in item for chapter 19, "2101" for "801" in item for chapter 21, "2301" for "901" in item for chapter 23, "2400" for "1000" in item for chapter 24, "3001" for "1401" in item for chapter 30, "3100" for "1500" in item for chapter 31, "3201" for "1601" in item for chapter 32, "3451" for "1651" in item for chapter 34, "3500" for "1700" in item for chapter 35, "3670" for "1770" in item for chapter 36, "3701" for "1801" in item for chapter 37, "3901" for "1901" in item for chapter 39, "4100" for "2000" in item for chapter 41, and "4211" for "2011" in item for chapter 42.

Pub. L. 102–54, §14(e)(1), June 13, 1991, 105 Stat. 287, inserted "United States" in item for chapter 72.

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

Pub. L. 102–16, §9(c)(2), Mar. 22, 1991, 105 Stat. 55, struck out "Disabled and Vietnam Era" after "Employment and Training of" in item for chapter 42.

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

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

1984Pub. L. 98–525, title VII, §702(a)(2), Oct. 19, 1984, 98 Stat. 2563, added item for chapter 30.

1982Pub. L. 97–306, title III, §301(b)(2), Oct. 14, 1982, 96 Stat. 1437, substituted "2000" for "2001" in item for chapter 41.

Pub. L. 97–295, §4(1)(A), Oct. 12, 1982, 96 Stat. 1304, substituted "1500" for "1,500" in item for chapter 31.

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

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

1981Pub. L. 97–72, title III, §302(b)(2), Nov. 3, 1981, 95 Stat. 1059, substituted "Housing and Small Business Loans" for "Home, Condominium, and Mobile Home Loans" in item for chapter 37.

1980Pub. L. 96–466, title I, §101(b), Oct. 17, 1980, 94 Stat. 2186, substituted "Training and Rehabilitation for Veterans with Service-Connected Disabilities . . . 1,500" for "Vocational Rehabilitation . . . 1501" in item for chapter 31.

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

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

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

1974Pub. L. 93–569, §7(d), Dec. 31, 1974, 88 Stat. 1866, substituted "Home, Condominium, and Mobile Home Loans" for "Home, Farm, and Business Loans" in item for chapter 37.

Pub. L. 93–508, title IV, §404(b), Dec. 3, 1974, 88 Stat. 1600, added item for chapter 43.

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

1972Pub. L. 92–540, title V, §§502(b), 503(b), Oct. 24, 1972, 86 Stat. 1097, 1098, substituted ", Training and" for "and Employment" in item for chapter 41, and added item for chapter 42.

1971Pub. L. 91–666, §2(b), Jan. 11, 1971, 84 Stat. 2000, substituted "Automobiles and Adaptive Equipment for Certain Disabled Veterans and Members of the Armed Forces" for "Automobiles for Disabled Veterans" in item for chapter 39.

1968Pub. L. 90–631, §2(h)(2), Oct. 23, 1968, 82 Stat. 1333, substituted "War Orphans' and Widows' Educational Assistance . . . 1700" for "War Orphans' Educational Assistance . . . 1701" in item for chapter 35.

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

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

1 So in original. The period probably should not appear.

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

PART I—GENERAL PROVISIONS

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

        

Amendments

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

CHAPTER 1—GENERAL

Sec.
101.
Definitions.
102.
Dependent parents.
103.
Special provisions relating to marriages.
104.
Approval of educational institutions.
105.
Line of duty and misconduct.
106.
Certain service deemed to be active service.
107.
Certain service deemed not to be active service.
108.
Seven-year absence presumption of death.
109.
Benefits for discharged members of allied forces.
110.
Preservation of disability ratings.
111.
Payments or allowances for beneficiary travel.
111A.
Transportation of individuals to and from Department facilities.
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 accounts.
118.
Submission of reports to Congress in electronic form.

        

Amendments

2014Pub. L. 113–235, div. I, title II, §244(c), Dec. 16, 2014, 128 Stat. 2569, added item 117 and struck out former item 117 "Advance appropriations for certain medical care accounts".

2013Pub. L. 112–260, title II, §202(c), Jan. 10, 2013, 126 Stat. 2424, added item 111A.

2010Pub. L. 111–275, title X, §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, §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".

2009Pub. L. 111–81, §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.

2000Pub. L. 106–419, title IV, §403(d)(1)(B), Nov. 1, 2000, 114 Stat. 1864, added item 116.

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

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

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

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

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

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

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

§101. Definitions

For the purposes of this title—

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

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

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

(4)(A) The term "child" means (except for purposes of chapter 19 of this title (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.

(34) The term "agency of original jurisdiction" means the activity which entered the original determination with regard to a claim for benefits under laws administered by the Secretary.

(35) The term "relevant evidence" means evidence that tends to prove or disprove a matter in issue.

(36) The term "supplemental claim" means a claim for benefits under laws administered by the Secretary filed by a claimant who had previously filed a claim for the same or similar benefits on the same or similar basis.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1106; Pub. L. 86–195, Aug. 25, 1959, 73 Stat. 424; Pub. L. 87–674, §1, Sept. 19, 1962, 76 Stat. 558; Pub. L. 87–815, §3, Oct. 15, 1962, 76 Stat. 927; Pub. L. 88–450, §4(c), (d), Aug. 19, 1964, 78 Stat. 504; Pub. L. 89–311, §2(c)(1), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 89–358, §4(d), Mar. 3, 1966, 80 Stat. 24; Pub. L. 90–77, title II, §201, Aug. 31, 1967, 81 Stat. 181; Pub. L. 91–24, §§1(a), (b), 16, June 11, 1969, 83 Stat. 33, 35; Pub. L. 91–262, §1, May 21, 1970, 84 Stat. 256; Pub. L. 91–588, §9(a), (b), Dec. 24, 1970, 84 Stat. 1584; Pub. L. 91–621, §6(a)(1), (2), Dec. 31, 1970, 84 Stat. 1864; Pub. L. 92–198, §5(a), Dec. 15, 1971, 85 Stat. 664; Pub. L. 92–540, title IV, §407, Oct. 24, 1972, 86 Stat. 1092; Pub. L. 94–169, title I, §101(1), Dec. 23, 1975, 89 Stat. 1013; Pub. L. 94–417, §1(b), Sept. 21, 1976, 90 Stat. 1277; Pub. L. 95–126, §3, Oct. 8, 1977, 91 Stat. 1108; Pub. L. 95–202, title III, §309(a), Nov. 23, 1977, 91 Stat. 1446; Pub. L. 95–588, title III, §301, Nov. 4, 1978, 92 Stat. 2506; Pub. L. 96–22, title IV, §401, June 13, 1979, 93 Stat. 62; Pub. L. 97–37, §3(a), Aug. 14, 1981, 95 Stat. 936; Pub. L. 97–295, §4(2), (95)(A), Oct. 12, 1982, 96 Stat. 1304, 1313; Pub. L. 97–306, title I, §113(a), Oct. 14, 1982, 96 Stat. 1432; Pub. L. 98–223, title II, §201, Mar. 2, 1984, 98 Stat. 41; Pub. L. 99–576, title VII, §702(1), Oct. 28, 1986, 100 Stat. 3301; Pub. L. 100–322, title I, §103(a), title III, §311, May 20, 1988, 102 Stat. 493, 534; Pub. L. 100–456, div. A, title VI, §633(c), Sept. 29, 1988, 102 Stat. 1987; Pub. L. 101–237, §2(a), Dec. 18, 1989, 103 Stat. 2062; Pub. L. 102–25, title III, §332, Apr. 6, 1991, 105 Stat. 88; Pub. L. 102–40, title IV, §402(d)(1), May 7, 1991, 105 Stat. 239; Pub. L. 102–54, §14(a)(1), June 13, 1991, 105 Stat. 282; Pub. L. 102–83, §§4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 103–446, title XII, §1201(a)(1), Nov. 2, 1994, 108 Stat. 4682; Pub. L. 104–275, title V, §505(a), Oct. 9, 1996, 110 Stat. 3342; Pub. L. 106–419, title III, §301(a), Nov. 1, 2000, 114 Stat. 1852; Pub. L. 107–14, §4(a)(2), June 5, 2001, 115 Stat. 26; Pub. L. 107–296, title XVII, §1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 109–163, div. A, title V, §515(e)(1), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 109–444, §8(b)(1), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 109–461, title X, §§1004(b)(1), 1006(b), Dec. 22, 2006, 120 Stat. 3466, 3468; Pub. L. 110–389, title IV, §402(b), Oct. 10, 2008, 122 Stat. 4174; Pub. L. 115–55, §2(a), Aug. 23, 2017, 131 Stat. 1105.)

Applicability of Amendment

Amendment of section by section 2(a) of Pub. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims. See 2017 Amendment note below.

References in Text

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

Amendments

2017—Pars. (34) to (36). Pub. L. 115–55 added pars. (34) to (36).

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, §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, §1004(b)(1), made technical amendment to directory language of Pub. L. 107–296, §1704(d). See 2002 Amendment note below.

Pub. L. 109–444, which made amendment identical to amendment by Pub. L. 109–461, §1004(b)(1), was terminated by Pub. L. 109–461, §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, §1704(d), as amended by Pub. L. 109–461, §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, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Par. (26). Pub. L. 87–815 substituted " 'Reserve' means a member" for " 'Reserves' means members".

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

Effective Date of 2017 Amendment

Pub. L. 115–55, §2(x), Aug. 23, 2017, 131 Stat. 1115, provided that:

"(1) In general.—Except as otherwise provided in this subsection, the amendments made by this section [enacting sections 5104A to 5104C and 7113 of this title, amending this section and sections 5103 to 5104, 5108, 5109, 5109B, 5110, 5111, 5701, 5904, 7103 to 7105A, 7107, and 7111 of this title, and repealing sections 7106 and 7109 of this title] shall apply to all claims for which notice of a decision under section 5104 of title 38, United States Code, is provided by the Secretary of Veterans Affairs on or after the later of—

"(A) the date that is 540 days after the date of the enactment of this Act [Aug. 23, 2017]; and

"(B) the date that is 30 days after the date on which the Secretary of Veterans Affairs submits to the appropriate committees of Congress—

"(i) a certification that the Secretary confirms, without delegation, that the Department of Veterans Affairs has the resources, personnel, office space, procedures, and information technology required—

"(I) to carry out the new appeals system;

"(II) to timely address appeals under the new appeals system; and

"(III) to timely address appeals of decisions on legacy claims; and

"(ii) a summary of the expectations for performance outcomes that the Secretary used in making the certification under clause (i)(III) and a comparison of such expected performance outcomes with actual performance outcomes with respect to appeals of legacy claims before the effective date of the new appeals system.

"(2) Collaboration.—In determining whether and when to make a certification under paragraph (1)(B), the Secretary shall collaborate with, partner with, and give weight to the advice of veterans service organizations and such other stakeholders as the Secretary considers appropriate.

"(3) Early applicability.—The Secretary may apply the new appeals system to a claim with respect to which the claimant—

"(A) receives a notice of a decision under section 5104 of such title after the date of the enactment of this Act and before the applicability date set forth in paragraph (1); and

"(B) elects to subject the claim to the new appeals system.

"(4) Phased rollout.—The Secretary may begin implementation of the new appeals system in phases, with the first phase of such phased implementation beginning on the applicability date set forth in paragraph (1).

"(5) Treatment of legacy claims.—With respect to legacy claims, upon the issuance to a claimant of a statement of the case or supplemental statement of the case occurring on or after the applicability date specified in paragraph (1), a claimant may elect to participate in the new appeals system.

"(6) Publication of applicability date.—Not later than the date on which the new appeals system goes into effect (or the first phase of the new appeals system goes into effect under paragraph (4), as the case may be), the Secretary shall publish in the Federal Register such date.

"(7) Definitions.—In this subsection:

"(A) Appropriate committees of congress.—The term 'appropriate committees of Congress' means—

"(i) the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate; and

"(ii) the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives.

"(B) Veterans service organization.—The term 'veterans service organization' means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code."

[For definitions of "claimant", "legacy claims", and "new appeals system" as used in section 2(x) of Pub. L. 115–55, set out above, see section 6 of Pub. L. 115–55, set out in a note under section 5101 of this title.]

Effective Date of 2006 Amendment

Pub. L. 109–461, title X, §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, §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, §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, §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

Pub. L. 104–275, title V, §505(d), Oct. 9, 1996, 110 Stat. 3342, 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

Pub. L. 97–306, title I, §113(d), Oct. 14, 1982, 96 Stat. 1433, as amended by Pub. L. 98–223, title II, §210, Mar. 2, 1984, 98 Stat. 45, provided that: "The amendments made by subsections (a) [amending this section] and (b) [repealing former section 403 of this title] and the provisions of subsection (c) [set out as a note under section 8140 of Title 5, Government Organization and Employees]—

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

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

Effective Date of 1978 Amendment

Pub. L. 95–588, title IV, §401, Nov. 4, 1978, 92 Stat. 2511, 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

Pub. L. 95–202, title V, §501, Nov. 23, 1977, 91 Stat. 1450, 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

Pub. L. 94–169, title I, §101, Dec. 23, 1975, 89 Stat. 1013, 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

Pub. L. 90–77, title IV, §405, Aug. 31, 1967, 81 Stat. 191, provided that:

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

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

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

Effective Date of 1965 Amendment

Amendment by Pub. L. 89–311 effective first day of second calendar month following Oct. 31, 1965, see section 9 of Pub. L. 89–311, set out as a note under section 1114 of this title.

Short Title of 2018 Amendment

Pub. L. 115–251, §1(a), Sept. 29, 2018, 132 Stat. 3166, provided that: "This Act [see Tables for classification] may be cited as the 'Department of Veterans Affairs Expiring Authorities Act of 2018'."

Pub. L. 115–188, §1, June 21, 2018, 132 Stat. 1490, provided that: "This Act [enacting section 727 of this title] may be cited as the 'Department of Veterans Affairs Senior Executive Accountability Act of 2018' or the 'SEA Act of 2018'."

Pub. L. 115–184, §1, June 15, 2018, 132 Stat. 1483, provided that: "This Act [amending section 2306 of this title] may be cited as the 'Veterans Cemetery Benefit Correction Act'."

Pub. L. 115–182, §1(a), June 6, 2018, 132 Stat. 1393, provided that: "This Act [see Tables for classification] may be cited as the 'John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018' or the 'VA MISSION Act of 2018'."

Pub. L. 115–182, title I, §100(a), June 6, 2018, 132 Stat. 1395, provided that: "This title [see Tables for classification] may be cited as the 'Caring for Our Veterans Act of 2018'."

Pub. L. 115–159, §1, Mar. 27, 2018, 132 Stat. 1244, provided that: "This Act [amending section 1745 of this title and enacting provisions set out as a note under section 1745 of this title] may be cited as the 'State Veterans Home Adult Day Health Care Improvement Act of 2017'."

Pub. L. 115–131, §1, Mar. 9, 2018, 132 Stat. 334, provided that: "This Act [enacting provisions set out as a note under section 1501 of this title] may be cited as the 'Veterans Care Financial Protection Act of 2017'."

Short Title of 2017 Amendment

Pub. L. 115–95, §1, Dec. 20, 2017, 131 Stat. 2042, provided that: "This Act [enacting provisions set out as a note under section 1701 of this title] may be cited as the 'Enhancing Veteran Care Act'."

Pub. L. 115–89, §1, Nov. 21, 2017, 131 Stat. 1279, provided that: "This Act [amending sections 3672 and 3680 of this title] may be cited as the 'Veterans Apprenticeship and Labor Opportunity Reform Act' or the 'VALOR Act'."

Pub. L. 115–86, §1, Nov. 21, 2017, 131 Stat. 1276, provided that: "This Act [amending section 5701 of this title] may be cited as the 'VA Prescription Data Accountability Act 2017'."

Pub. L. 115–75, §1, Nov. 2, 2017, 131 Stat. 1244, 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 2017'."

Pub. L. 115–62, §1(a), Sept. 29, 2017, 131 Stat. 1159, provided that: "This Act [amending sections 111A, 315, 322, 503, 521A, 544, 1710, 1710A, 1720G, 1729, 2021, 2021A, 2023, 2031, 2033, 2044, 2061, 2066, 2101, 2108, 3313, 3673, 3720, 3732, and 3733 of this title, enacting provisions set out as notes under sections 1710C, 3313, and 3684 of this title, and amending provisions set out as notes under sections 1116, 1710, 1710C, 1712A, 3313, 3684, and 3699 of this title and section 1071 of Title 10, Armed Forces] may be cited as the 'Department of Veterans Affairs Expiring Authorities Act of 2017'."

Pub. L. 115–55, §1, Aug. 23, 2017, 131 Stat. 1105, provided that: "This Act [enacting sections 5104A to 5104C and 7113 of this title, amending this section and sections 5103 to 5104, 5108, 5109, 5109B, 5110, 5111, 5701, 5904, 7103 to 7105A, and 7111 of this title, repealing sections 7106 and 7109 of this title, and enacting provisions set out as notes under this section and sections 5101 and 5108 of this title] may be cited as the 'Veterans Appeals Improvement and Modernization Act of 2017'."

Pub. L. 115–48, §1(a), Aug. 16, 2017, 131 Stat. 973, provided that: "This Act [see Tables for classification] may be cited as the 'Harry W. Colmery Veterans Educational Assistance Act of 2017'."

Pub. L. 115–46, §1(a), Aug. 12, 2017, 131 Stat. 958, provided that: "This Act [enacting subchapter III of chapter 7 and section 725 of this title, amending sections 3729, 5317, 5503, 7412, and 7451 of this title and section 3304 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 701, 741, and 7401 of this title] may be cited as the 'VA Choice and Quality Employment Act of 2017'."

Pub. L. 115–41, §1(a), June 23, 2017, 131 Stat. 862, provided that: "This Act [see Tables for classification] may be cited as the 'Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017'."

Short Title of 2016 Amendment

Pub. L. 114–315, §1(a), Dec. 16, 2016, 130 Stat. 1536, provided that: "This Act [see Tables for classification] may be cited as the 'Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016'."

Pub. L. 114–273, §1, Dec. 14, 2016, 130 Stat. 1400, provided that: "This Act [amending section 2306 of this title] may be cited as the 'Charles Duncan Buried with Honor Act of 2016'."

Pub. L. 114–256, §1, Dec. 14, 2016, 130 Stat. 1345, provided that: "This Act [amending sections 3903, 7401, and 7402 of this title and enacting provisions set out as notes under sections 3902 and 7401 of this title] may be cited as the 'Veterans Mobility Safety Act of 2016'."

Pub. L. 114–228, §1(a), Sept. 29, 2016, 130 Stat. 935, provided that: "This Act [amending sections 111A, 315, 322, 503, 521A, 544, 1710, 1710A, 1720G, 1729, 2013, 2021, 2021A, 2023, 2031, 2033, 2041, 2044, 2061, 2066, 2101, 2108, 3679, 3692, 3720, 3732, and 3733 of this title and provisions set out as notes under sections 523, 1116, 1710, 1712A, 3684, and 5101 of this title and section 1071 of Title 10, Armed Forces] may be cited as the 'Department of Veterans Affairs Expiring Authorities Act of 2016'."

Pub. L. 114–226, §1, Sept. 29, 2016, 130 Stat. 926, provided that: "This Act [amending sections 8161, 8162, 8163, and 8168 of this title] may be cited as the 'West Los Angeles Leasing Act of 2016'."

Pub. L. 114–218, §1, July 29, 2016, 130 Stat. 842, provided that: "This Act [enacting section 1712C of this title and repealing provisions set out as a note under section 1712 of this title] may be cited as the 'Department of Veterans Affairs Dental Insurance Reauthorization Act of 2016'."

Pub. L. 114–197, §1, July 22, 2016, 130 Stat. 693, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation COLA Act of 2016'."

Pub. L. 114–188, §1, June 30, 2016, 130 Stat. 611, provided that: "This Act [amending section 1709B of this title] may be cited as the 'Female Veteran Suicide Prevention Act'."

Short Title of 2015 Amendment

Pub. L. 114–58, §1(a), Sept. 30, 2015, 129 Stat. 530, provided that: "This Act [see Tables for classification] may be cited as the 'Department of Veterans Affairs Expiring Authorities Act of 2015'."

Pub. L. 114–41, title IV, §4001, July 31, 2015, 129 Stat. 460, provided that: "This title [amending sections 223 and 4980H of Title 26, Internal Revenue Code, enacting provisions set out as notes under section 1701 of this title and sections 223 and 4980H of Title 26, and amending provisions set out as a note under section 1701 of this title] may be cited as the 'VA Budget and Choice Improvement Act'."

Pub. L. 114–31, §1, July 20, 2015, 129 Stat. 428, provided that: "This Act [enacting section 5706 of this title and provisions set out as notes under section 5706 of this title] may be cited as the 'Veterans Identification Card Act 2015'."

Pub. L. 114–19, §1, May 22, 2015, 129 Stat. 215, provided that: "This Act [enacting and amending provisions set out as notes under section 1701 of this section] may be cited as the 'Construction Authorization and Choice Improvement Act'."

Pub. L. 114–2, §1, Feb. 12, 2015, 129 Stat. 30, provided that: "This Act [enacting section 1709B of this title, amending section 1710 of this title, and enacting provisions set out as notes under sections 1712A, 1720F, and 7681 of this title] may be cited as the 'Clay Hunt Suicide Prevention for American Veterans Act' or the 'Clay Hunt SAV Act'."

Short Title of 2014 Amendment

Pub. L. 113–257, §1, Dec. 18, 2014, 128 Stat. 2924, provided that: "This Act [enacting and amending provisions set out as notes under section 1710C of this title] may be cited as the 'Veterans Traumatic Brain Injury Care Improvement Act of 2014'."

Pub. L. 113–181, §1, Sept. 26, 2014, 128 Stat. 1916, 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 2014'."

Pub. L. 113–175, §1(a), Sept. 26, 2014, 128 Stat. 1901, provided that: "This Act [see Tables for classification] may be cited as the 'Department of Veterans Affairs Expiring Authorities Act of 2014'."

Pub. L. 113–146, §1(a), Aug. 7, 2014, 128 Stat. 1754, provided that: "This Act [enacting sections 713 and 7412 of this title, amending sections 1720D, 3311, 3321, 3679, 3729, 5317, 5503, 7302, 7612, 7619, 7683, and 8104 of this title, enacting provisions set out as notes under sections 703, 713, 1701, 1720D, 3311, 3679, 7302, 7412, and 8104 of this title, and amending provisions set out as notes under sections 1703 and 1710C of this title] may be cited as the 'Veterans Access, Choice, and Accountability Act of 2014'."

Short Title of 2013 Amendment

Pub. L. 113–65, §1, Dec. 20, 2013, 127 Stat. 669, provided that: "This Act [amending section 2411 of this title and enacting provisions set out as a note under section 2411 of this title] may be cited as the 'Alicia Dawn Koehl Respect for National Cemeteries Act'."

Pub. L. 113–59, §1(a), Dec. 20, 2013, 127 Stat. 658, provided that: "This Act [amending sections 111A, 315, 322, 521A, 1710A, 2031, 2033, 2041, 2066, 3692, and 3733 of this title, enacting provisions set out as a note under section 521A of this title, and amending provisions set out as a note under section 5101 of this title] may be cited as the 'VA Expiring Authorities Extension Act of 2013'."

Pub. L. 113–52, §1, Nov. 21, 2013, 127 Stat. 582, 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 2013'."

Pub. L. 113–37, §1, Sept. 30, 2013, 127 Stat. 523, provided that: "This Act [amending sections 322, 521A, 1710, 1729, 2013, 2021, 2023, 2044, 2061, 2101, 3732, and 5317A of this title and section 653 of Title 42, The Public Health and Welfare, enacting provisions set out as a note under section 322 of this title, and amending provisions set out as a note under section 1710 of this title] may be cited as the 'Department of Veterans Affairs Expiring Authorities Act of 2013'."

Pub. L. 112–260, §1(a), Jan. 10, 2013, 126 Stat. 2417, provided that: "This Act [enacting sections 111A and 2414 of this title, amending sections 111, 111A, 2302, 2306, 2308, 2404, 2411, 5503, 7253, and 7255 of this title, enacting provisions set out as notes under sections 527, 2302, 2306, 2402, 2404, 2411, 2414, 7253, and 7255 of this title, section 1144 of Title 10, Armed Forces, and section 2104 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations, and amending provisions set out as a note under section 1712A of this title] may be cited as the 'Dignified Burial and Other Veterans' Benefits Improvement Act of 2012'."

Short Title of 2012 Amendment

Pub. L. 112–198, §1, Nov. 27, 2012, 126 Stat. 1463, 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 2012'."

Pub. L. 112–191, §1(a), Oct. 5, 2012, 126 Stat. 1437, provided that: "This Act [amending sections 315, 2031, 2033, 2041, 2066, and 3732 of this title, enacting provisions set out as a note under section 315 of this title, and amending provisions set out as a note under section 5101 of this title] may be cited as the 'VA Major Construction Authorization and Expiring Authorities Extension Act of 2012'."

Pub. L. 112–154, §1(a), Aug. 6, 2012, 126 Stat. 1165, provided that: "This Act [see Tables for classification] may be cited as the 'Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012'."

Pub. L. 112–154, title I, §101, Aug. 6, 2012, 126 Stat. 1167, provided that: "This title [enacting sections 1709, 1709A, 1722B, and 1787 of this title, amending sections 901, 1710, 1710C to 1710E, 1720, 1729, 1745, and 7308 of this title, and enacting provisions set out as notes under sections 1710, 1720, 1729A, and 7406 of this title] may be cited as the 'Janey Ensminger Act'."

Pub. L. 112–154, title II, §201, Aug. 6, 2012, 126 Stat. 1176, provided that: "This title [enacting section 8168 of this title, amending sections 2101, 2102, 2102A, 3701, 3704, 3707, 3707A, 3729, 8161, 8162, 8164 to 8167, and 8169 of this title, and enacting provisions set out as notes under sections 2101, 2102, 2102A, 3701, 8162, and 8168 of this title] may be cited as the 'Andrew Connolly Veterans Housing Act'."

Short Title of 2011 Amendment

Pub. L. 112–56, title II, §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, §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, §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, §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, §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, §1(a), Oct. 13, 2010, 124 Stat. 2864, provided that: "This Act [enacting sections 2021A and 2108 of this title and sections 4041 to 4043 of Title 50, 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 3937, 3951 to 3953, and 3955 to 3958 of Title 50, 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, §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, §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, §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, §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, §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, §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, §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 3956 of Title 50, 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 3937 of Title 50, 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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §1006(b), Dec. 22, 2006, 120 Stat. 3468, set out below.

Pub. L. 109–361, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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 3911 of Title 50, 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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §1(a), Nov. 11, 1998, 112 Stat. 3315, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans Programs Enhancement Act of 1998'."

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

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

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

Short Title of 1997 Amendments

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

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

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

Short Title of 1996 Amendments

Pub. L. 104–275, §1(a), Oct. 9, 1996, 110 Stat. 3322, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Benefits Improvements Act of 1996'."

Pub. L. 104–275, title IV, §401, Oct. 9, 1996, 110 Stat. 3337, provided that: "This title [amending sections 1315, 1965, 1967 to 1971, 1973, 1974, 1977, 3017, and 3224 of this title and enacting provisions set out as notes under sections 1965 and 1968 of this title] may be cited as the 'Veterans' Insurance Reform Act of 1996'."

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

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

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

Short Title of 1995 Amendment

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

Short Title of 1994 Amendments

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

Pub. L. 103–446, §1(a), Nov. 2, 1994, 108 Stat. 4645, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Benefits Improvements Act of 1994'."

Pub. L. 103–446, title I, §101, Nov. 2, 1994, 108 Stat. 4647, provided that: "This Act [probably means title I of Pub. L. 103–446, see Tables for classification] may be cited as the 'Persian Gulf War Veterans' Benefits Act'."

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

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

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

Short Title of 1993 Amendments

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

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

Short Title of 1992 Amendments

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

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

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

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

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

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

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

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

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

Short Title of 1991 Amendments

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

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

Pub. L. 102–86, §1(a), Aug. 14, 1991, 105 Stat. 414, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Benefits Programs Improvement Act of 1991'."

Pub. L. 102–83, §1(a), Aug. 6, 1991, 105 Stat. 378, provided that: "This Act [see Tables for classification] may be cited as the 'Department of Veterans Affairs Codification Act'."

Pub. L. 102–40, §1(a), May 7, 1991, 105 Stat. 187, provided that: "This Act [see Tables for classification] may be cited as the 'Department of Veterans Affairs Health-Care Personnel Act of 1991'."

Pub. L. 102–40, title I, §101, May 7, 1991, 105 Stat. 187, 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'."

Pub. L. 102–40, title II, §201, May 7, 1991, 105 Stat. 200, provided that: "This title [see Tables for classification] may be cited as the 'Department of Veterans Affairs Labor Relations Improvement Act of 1991'."

Pub. L. 102–25, title III, §331, Apr. 6, 1991, 105 Stat. 88, provided that: "This part [part C (§§331–341) of title III of Pub. L. 102–25, see Tables for classification] may be cited as the 'Persian Gulf War Veterans' Benefits Act of 1991'."

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

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

Short Title of 1990 Amendment

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

Short Title of 1989 Amendments

Pub. L. 101–237, §1(a), Dec. 18, 1989, 103 Stat. 2062, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Benefits Amendments of 1989'."

Pub. L. 101–237, title III, §301, Dec. 18, 1989, 103 Stat. 2069, provided that: "This title [see Tables for classification] may be cited as the 'Veterans Home Loan Indemnity and Restructuring Act of 1989'."

Pub. L. 101–237, title IV, §401, Dec. 18, 1989, 103 Stat. 2078, provided that: "This title [see Tables for classification] may be cited as the 'Veterans Education and Employment Amendments of 1989'."

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

Short Title of 1988 Amendments

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

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

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

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

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

Pub. L. 100–322, §1(a), May 20, 1988, 102 Stat. 487, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Benefits and Services Act of 1988'."

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

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

Short Title of 1987 Amendments

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

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

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

Short Title of 1986 Amendments

Pub. L. 99–576, §1(a), Oct. 28, 1986, 100 Stat. 3248, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Benefits Improvement and Health-Care Authorization Act of 1986'."

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

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

Short Title of 1985 Amendment

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

Short Title of 1984 Amendments

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

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

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

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

Pub. L. 98–223, §1(a), Mar. 2, 1984, 98 Stat. 37, provided: "That (a) this Act [see Tables for classification] may be cited as the 'Veterans' Compensation and Program Improvements Amendments of 1984'."

Short Title of 1983 Amendment

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

Short Title of 1982 Amendments

Pub. L. 97–306, §1(a), Oct. 14, 1982, 96 Stat. 1429, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Compensation, Education, and Employment Amendments of 1982'."

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

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

Short Title of 1981 Amendments

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

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

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

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

Short Title of 1980 Amendments

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

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

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

Short Title of 1979 Amendments

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

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

Pub. L. 96–22, §1(a), June 13, 1979, 93 Stat. 47, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Health Care Amendments of 1979'."

Short Title of 1978 Amendments

Pub. L. 95–588, §1, Nov. 4, 1978, 92 Stat. 2497, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans' and Survivors' Pension Improvement Act of 1978'."

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

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

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

Short Title of 1977 Amendments

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

Pub. L. 95–202, §1, Nov. 23, 1977, 91 Stat. 1433, provided: "That this Act [see Tables for classification] may be cited as the 'GI Bill Improvement Act of 1977'."

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

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

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

Short Title of 1976 Amendments

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

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

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

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

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

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

Pub. L. 94–324, §1, June 30, 1976, 90 Stat. 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

Pub. L. 94–169, §1, Dec. 23, 1975, 89 Stat. 1013, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans and Survivors Pension Interim Adjustment Act of 1975'."

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

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

Short Title of 1974 Amendments

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

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

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

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

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

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

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

Short Title of 1973 Amendments

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

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

Short Title of 1972 Amendments

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

Pub. L. 92–540, §1, Oct. 24, 1972, 86 Stat. 1074, provided: "That this Act [see Tables for classification] may be cited as the 'Vietnam Era Veterans' Readjustment Assistance Act of 1972'."

Pub. L. 92–540, title V, §501, Oct. 24, 1972, 86 Stat. 1094, provided that: "This title [see Tables for classification] may be cited as the 'Veterans' Employment and Readjustment Act of 1972'."

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

Short Title of 1971 Amendment

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

Short Title of 1970 Amendments

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

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

Short Title of 1967 Amendment

Pub. L. 90–77, §1, Aug. 31, 1967, 81 Stat. 178, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Pension and Readjustment Assistance Act of 1967'."

Short Title of 1966 Amendments

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

Pub. L. 89–358, §1, Mar. 3, 1966, 80 Stat. 12, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Readjustment Benefits Act of 1966'."

Short Title of 1959 Amendment

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

Construction of 2017 Amendment

Pub. L. 115–55, §2(y), Aug. 23, 2017, 131 Stat. 1116, provided that: "Nothing in this section [enacting sections 5104A to 5104C and 7113 of this title, amending this section and sections 5103 to 5104, 5108, 5109, 5109B, 5110, 5111, 5701, 5904, 7103 to 7105A, and 7111 of this title, repealing sections 7106 and 7109 of this title, and enacting provisions set out as notes under this section and section 5108 of this title] or any of the amendments made by this section shall be construed to limit the ability of a claimant to request a revision of a decision under section 5109A or 7111 of title 38, United States Code."

[For definition of "claimant" as used in section 2(y) of Pub. L. 115–55, set out above, see section 6 of Pub. L. 115–55, set out in a note under section 5101 of this title.]

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.

Honoring as Veterans Certain Persons Who Performed Service in the Reserve Components of the Armed Forces

Pub. L. 114–315, title III, §305, Dec. 16, 2016, 130 Stat. 1552, provided that: "Any person who is entitled under chapter 1223 of title 10, United States Code, to retired pay for nonregular service or, but for age, would be entitled under such chapter to retired pay for nonregular service shall be honored as a veteran but shall not be entitled to any benefit by reason of this honor."

Coordination of Provisions With Pub. L. 109–444

Pub. L. 109–461, title X, §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

Pub. L. 102–83, §5, Aug. 6, 1991, 105 Stat. 406, provided that:

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

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

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

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

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

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

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

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

Disability Compensation or Dependency and Indemnity Compensation Award; Effective Date

Pub. L. 91–621, §6(b), Dec. 31, 1970, 84 Stat. 1864, 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, §271(3), Dec. 19, 2002, 116 Stat. 3094.

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.      

Secretary and Department Defined

Pub. L. 106–117, §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, §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."

Pub. L. 100–322, §3, May 20, 1988, 102 Stat. 489, provided that: "For purposes of this Act [see Tables for classification], the term 'Administrator' means the Administrator of Veterans' Affairs."

§102. Dependent parents

(a) Dependency of a parent, which may arise before or after the death of a veteran, shall be determined in accordance with regulations prescribed by the Secretary.

(b) Dependency of a parent shall not be denied (1) solely because of remarriage, or (2) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Secretary shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support.

(c) For the purposes of this section, in determining monthly income the Secretary shall not consider any payments under laws administered by the Secretary because of disability or death or payments of bonus or similar cash gratuity by any State based upon service in the Armed Forces.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 89–358, §4(e), (f), Mar. 3, 1966, 80 Stat. 24; Pub. L. 92–540, title IV, §408, Oct. 24, 1972, 86 Stat. 1092; Pub. L. 94–432, title IV, §402, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 99–576, title VII, §701(1), Oct. 28, 1986, 100 Stat. 3289; Pub. L. 102–54, §14(a)(2), June 13, 1991, 105 Stat. 282; Pub. L. 102–83, §4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

Amendments

1991—Subsecs. (a), (b). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Subsec. (c). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary shall" for "Administrator shall".

Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".

Pub. L. 102–54 substituted "(c)" for "(C)" as subsec. designation.

1986—Pub. L. 99–576, §701(1)(B), substituted "Dependent parents" for "Dependent parents; husbands" in section catchline.

Subsec. (a). Pub. L. 99–576, §701(1)(A)(ii), (iii), (v), struck out par. (1) designation and redesignated par. (2) of subsec. (a) as subsec. (b) and par. (3) of subsec. (a) as subsec. (C).

Subsec. (b). Pub. L. 99–576, §701(1)(A)(i), (iii), (iv), redesignated former subsec. (a)(2) as subsec. (b) and substituted "(1)" and "(2)" for "(A)" and "(B)", respectively. Former subsec. (b), which read "For the purposes of this title, (1) the term 'wife' includes the husband of any female veteran; and (2) the term 'widow' includes the widower of any female veteran", was struck out.

Subsec. (c). Pub. L. 99–576, §701(1)(A)(v), redesignated former subsec. (a)(3) as subsec. (C) and substituted "For the purposes of this section," for "For the purposes of this subsection".

1976—Subsec. (a)(2). Pub. L. 94–432 substituted prohibition against denial of dependency of a parent "(B) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Administrator shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support" for such prohibition "(B) in any case in any State where the monthly income for a mother or father, not living together, is not more than $105, or where the monthly income for a mother and father living together, is not more than $175, plus, in either case, $45, for each additional member of the family whom the father or mother is under a moral or legal obligation to support, as determined by the Administrator".

1972—Pub. L. 92–540, §408(2), substituted "Dependent parents; husbands" for "Dependent parents and dependent husbands" in section catchline.

Subsec. (b). Pub. L. 92–540, §408(1), struck out exception which made definition of terms inapplicable to chapter 19 of this title and struck out from definitions of "wife" and "widow" provisions relating to the ability of such persons to maintain and support themselves.

1966—Subsec. (a)(2). Pub. L. 89–358, §4(e), substituted "Dependency" for "Except for the purposes of chapter 33 of this title, dependency".

Subsec. (b). Pub. L. 89–358, §4(f), struck out from introductory parenthetical phrase reference to chapter 33 of this title.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–432 effective Sept. 30, 1976, see section 405(a) of Pub. L. 94–432, set out as a note under section 1521 of this title.

§103. Special provisions relating to marriages

(a) Whenever, in the consideration of any claim filed by a person as the widow or widower of a veteran for gratuitous death benefits under laws administered by the Secretary, it is established by evidence satisfactory to the Secretary that such person, without knowledge of any legal impediment, entered into a marriage with such veteran which, but for a legal impediment, would have been valid, and thereafter cohabited with the veteran for one year or more immediately before the veteran's death, or for any period of time if a child was born of the purported marriage or was born to them before such marriage, the purported marriage shall be deemed to be a valid marriage, but only if no claim has been filed by a legal widow or widower of such veteran who is found to be entitled to such benefits. No duplicate payments shall be made by virtue of this subsection.

(b) Where a surviving spouse has been legally married to a veteran more than once, the date of original marriage will be used in determining whether the statutory requirement as to date of marriage has been met.

(c) In determining whether or not a person is or was the spouse of a veteran, their marriage shall be proven as valid for the purposes of all laws administered by the Secretary according to the law of the place where the parties resided at the time of the marriage or the law of the place where the parties resided when the right to benefits accrued.

(d)(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.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 87–674, §2, Sept. 19, 1962, 76 Stat. 558; Pub. L. 90–77, title I, §101(b), Aug. 31, 1967, 81 Stat. 178; Pub. L. 91–376, §4, Aug. 12, 1970, 84 Stat. 789; Pub. L. 93–527, §9(a), Dec. 21, 1974, 88 Stat. 1705; Pub. L. 99–576, title VII, §701(2), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 101–508, title VIII, §8004(a), Nov. 5, 1990, 104 Stat. 1388–343; Pub. L. 102–83, §4(a)(1), (2)(A)(i), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 106–117, title V, §502(a), Nov. 30, 1999, 113 Stat. 1574; Pub. L. 107–135, title II, §208(e)(1), Jan. 23, 2002, 115 Stat. 2463; Pub. L. 107–330, title I, §101(a), Dec. 6, 2002, 116 Stat. 2821; Pub. L. 108–183, title I, §101(a), title VII, §708(a)(1), Dec. 16, 2003, 117 Stat. 2652, 2673.)

Amendments

2003—Subsec. (d)(2)(B). Pub. L. 108–183, §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, §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, §708(a)(1)(A)(ii), substituted "paragraph (2)(A)" for "paragraph (2)".

Subsec. (d)(5). Pub. L. 108–183, §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, §4(a)(1), (b)(1), (2)(E), substituted "administered by the Secretary" for "administered by the Veterans' Administration" and "Secretary" for "Administrator".

Subsec. (c). Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".

Subsecs. (d), (e). Pub. L. 102–83, §4(a)(2)(A)(i), substituted "Secretary" for "Veterans' Administration".

1990—Subsec. (d). Pub. L. 101–508, §8004(a)(1), designated par. (1) as entire subsec. (d) and struck out pars. (2) and (3) which read as follows:

"(2) The remarriage of the surviving spouse of a veteran shall not bar the furnishing of benefits to such person as the surviving spouse of the veteran if the remarriage has been terminated by death or has been dissolved by a court with basic authority to render divorce decrees unless the Veterans' Administration determines that the divorce was secured through fraud by the surviving spouse or collusion.

"(3) If a surviving spouse ceases living with another person and holding himself or herself out openly to the public as that person's spouse, the bar to granting that person benefits as the surviving spouse of the veteran shall not apply."

Subsec. (e). Pub. L. 101–508, §8004(a)(2), designated par. (1) as entire subsec. (e) and struck out par. (2) which read as follows: "The marriage of a child of a veteran shall not bar the recognition of such child as the child of the veteran for benefit purposes if the marriage has been terminated by death or has been dissolved by a court, with basic authority to render divorce decrees unless the Veterans' Administration determines that the divorce was secured through fraud by either party or collusion."

1986—Subsec. (a). Pub. L. 99–576, §701(2)(A), substituted "person as the widow or widower" for "woman as the widow", "such person" for "she", "the veteran" for "him", "the veteran's" for "his", and "legal widow or widower" for "legal widow".

Subsec. (b). Pub. L. 99–576, §701(2)(B), substituted "surviving spouse" for "widow".

Subsec. (c). Pub. L. 99–576, §701(2)(C), substituted "person is or was the spouse" for "woman is or was the wife".

Subsec. (d)(1). Pub. L. 99–576, §701(2)(D), substituted "surviving spouse of a veteran shall not bar the furnishing of benefits to such person as the surviving spouse" for "widow of a veteran shall not bar the furnishing of benefits to her as the widow".

Subsec. (d)(2). Pub. L. 99–576, §701(2)(E), substituted "surviving spouse" for "widow" wherever appearing, and "such person" for "her".

Subsec. (d)(3). Pub. L. 99–576, §701(2)(F), substituted "surviving spouse" for "widow" wherever appearing, "person" for "man", "himself or herself" for "herself", "that person's spouse" for "his wife", and "that person" for "her".

1974—Subsec. (e). Pub. L. 93–527 designated existing provisions as par. (1) and added par. (2).

1970—Subsec. (d). Pub. L. 91–376 designated existing provisions as par. (1) and added pars. (2) and (3).

1967—Subsec. (a). Pub. L. 90–77 reduced cohabitation period from five years to one year for purposes of deeming a purported marriage valid and provided for cohabitation for any period of time if a child was born of the purported marriage or was born before the marriage.

1962—Subsecs. (d), (e). Pub. L. 87–674 added subsecs. (d) and (e).

Effective Date of 2003 Amendment

Pub. L. 108–183, title I, §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, §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, §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

Pub. L. 101–508, title VIII, §8004(b), Nov. 5, 1990, 104 Stat. 1388–343, 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, §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, §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, §101(b), Dec. 6, 2002, 116 Stat. 2821, as amended by Pub. L. 108–183, title I, §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, §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, §103, Oct. 29, 1992, 106 Stat. 4322, provided that:

"(a) Exception.—The amendments made by section 8004 of the Omnibus Budget Reconciliation Act of 1990 (105 Stat. 424) [Pub. L. 101–508, 104 Stat. 1388–343, amending this section] shall not apply to any case in which a legal proceeding to terminate an existing marital relationship was commenced before November 1, 1990, by an individual described in subsection (b) if that proceeding directly resulted in the termination of such marriage.

"(b) Covered Individuals.—An individual referred to in subsection (a) is an individual who, but for the marital relationship referred to in subsection (a), would be considered to be the surviving spouse of a veteran."

Pub. L. 102–86, title V, §502, Aug. 14, 1991, 105 Stat. 424, provided that: "The amendments made by section 8004 of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101–508) [amending this section] shall not apply with respect to any individual who on October 31, 1990, was a surviving spouse or child within the meaning of title 38, United States Code, unless after that date that individual (1) marries, or (2) in the case of a surviving spouse, begins to live with another person while holding himself or herself out openly to the public as that person's spouse."

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

Pub. L. 91–376, §5, Aug. 12, 1970, 84 Stat. 789, 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."

§104. Approval of educational institutions

(a) For the purpose of determining whether or not benefits are payable under this title (except chapter 35 of this title) for a child over the age of eighteen years and under the age of twenty-three years who is attending a school, college, academy, seminary, technical institute, university, or other educational institution, the Secretary may approve or disapprove such educational institutions.

(b) The Secretary may not approve an educational institution under this section unless such institution has agreed to report to the Secretary the termination of attendance of any child. If any educational institution fails to report any such termination promptly, the approval of the Secretary shall be withdrawn.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 91–24, §1(c), June 11, 1969, 83 Stat. 33; Pub. L. 99–576, title VII, §701(3), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

Amendments

1991—Pub. L. 102–83 substituted "Secretary" for "Administrator" wherever appearing.

1986—Subsec. (b). Pub. L. 99–576 substituted "report to the Administrator" for "report to him".

1969—Subsec. (a). Pub. L. 91–24 substituted "the age of twenty-three years" for "the age of twenty-one years".

§105. Line of duty and misconduct

(a) An injury or disease incurred during active military, naval, or air service will be deemed to have been incurred in line of duty and not the result of the veteran's own misconduct when the person on whose account benefits are claimed was, at the time the injury was suffered or disease contracted, in active military, naval, or air service, whether on active duty or on authorized leave, unless such injury or disease was a result of the person's own willful misconduct or abuse of alcohol or drugs. Venereal disease shall not be presumed to be due to willful misconduct if the person in service complies with the regulations of the appropriate service department requiring the person to report and receive treatment for such disease.

(b) The requirement for line of duty will not be met if it appears that at the time the injury was suffered or disease contracted the person on whose account benefits are claimed (1) was avoiding duty by deserting the service or by absenting himself or herself without leave materially interfering with the performance of military duties; (2) was confined under sentence of court-martial involving an unremitted dishonorable discharge; or (3) was confined under sentence of a civil court for a felony (as determined under the laws of the jurisdiction where the person was convicted by such court).

(c) For the purposes of any provision relating to the extension of a delimiting period under any education-benefit or rehabilitation program administered by the Secretary, the disabling effects of chronic alcoholism shall not be considered to be the result of willful misconduct.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 99–576, title VII, §701(4), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 100–689, title I, §109, Nov. 18, 1988, 102 Stat. 4170; Pub. L. 101–508, title VIII, §8052(a)(1), Nov. 5, 1990, 104 Stat. 1388–351; Pub. L. 102–83, §4(a)(1), Aug. 6, 1991, 105 Stat. 403.)

Amendments

1991—Subsec. (c). Pub. L. 102–83 substituted "administered by the Secretary" for "administered by the Veterans' Administration".

1990—Subsec. (a). Pub. L. 101–508 substituted "a result of the person's own willful misconduct or abuse of alcohol or drugs" for "the result of the person's own willful misconduct".

1988—Subsec. (c). Pub. L. 100–689 added subsec. (c).

1986—Subsec. (a). Pub. L. 99–576, §701(4)(A), substituted "result of the person's" for "result of his" and "requiring the person" for "requiring him".

Subsec. (b)(1). Pub. L. 99–576, §701(4)(B), substituted "service or by absenting himself or herself" for "service, or by absenting himself".

Effective Date of 1990 Amendment

Pub. L. 101–508, title VIII, §8052(b), Nov. 5, 1990, 104 Stat. 1388–351, 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."

§106. Certain service deemed to be active service

(a)(1) Service as a member of the Women's Army Auxiliary Corps for ninety days or more by any woman who before October 1, 1943, was honorably discharged for disability incurred or aggravated in line of duty which rendered her physically unfit to perform further service in the Women's Army Auxiliary Corps or the Women's Army Corps shall be considered active duty for the purposes of all laws administered by the Secretary.

(2) Any person entitled to compensation or pension by reason of this subsection and to employees' compensation based upon the same service under subchapter I of chapter 81 of title 5 must elect which benefit she will receive.

(b) Any person—

(1) who has applied for enlistment or enrollment in the active military, naval, or air service and has been provisionally accepted and directed or ordered to report to a place for final acceptance into such service; or

(2) who has been selected or drafted for service in the Armed Forces and has reported pursuant to the call of the person's local draft board and before rejection; or

(3) who has been called into the Federal service as a member of the National Guard, but has not been enrolled for the Federal service; and


who has suffered an injury or contracted a disease in line of duty while en route to or from, or at, a place for final acceptance or entry upon active duty, will, for the purposes of chapters 11, 13, 19, 21, 31, and 39 of this title, and for purposes of determining service-connection of a disability under chapter 17 of this title, be considered to have been on active duty and to have incurred such disability in the active military, naval, or air service.

(c) For the purposes of this title, an individual discharged or released from a period of active duty shall be deemed to have continued on active duty during the period of time immediately following the date of such discharge or release from such duty determined by the Secretary concerned to have been required for that individual to proceed to that individual's home by the most direct route, and in any event that individual shall be deemed to have continued on active duty until midnight of the date of such discharge or release.

(d)(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.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 87–102, §1, July 21, 1961, 75 Stat. 219; Pub. L. 88–616, Oct. 2, 1964, 78 Stat. 994; Pub. L. 89–311, §5, Oct. 31, 1965, 79 Stat. 1156; Pub. L. 97–295, §4(3), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99–576, title VII, §701(5), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102–83, §4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 106–259, title VIII, §8147(a), Aug. 9, 2000, 114 Stat. 705; Pub. L. 106–419, title III, §301(b), Nov. 1, 2000, 114 Stat. 1852.)

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.

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, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".

Subsec. (d). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in concluding provisions.

1986—Subsec. (b)(2). Pub. L. 99–576, §701(5)(A), substituted "the person's" for "his".

Subsec. (c). Pub. L. 99–576, §701(5)(B), substituted "required for that individual" for "required for him", "proceed to that individual's home" for "proceed to his home", and "in any event that individual" for "in any event he".

Subsec. (d). Pub. L. 99–576, §701(5)(C), struck out "by him" after "injury incurred" in cl. (2), and in closing provisions, substituted "such individual was disabled" for "he was disabled", "on which such individual began" for "on which he began", "such individual was scheduled" for "he was scheduled", "such individual ceased" for "he ceased", and "the itinerary" for "his itinerary".

1982—Subsec. (a)(2). Pub. L. 97–295, §4(3)(A), substituted "subchapter I of chapter 81 of title 5" for "the Federal Employees' Compensation Act".

Subsec. (e). Pub. L. 97–295, §4(3)(B), substituted "title 5 as a preference eligible described in section 2108(3)(C) of title 5" for "the Act of June 27, 1944, (58 Stat. 387–391), as a person described in section 2(1) of such Act".

1965—Subsec. (e). Pub. L. 89–311 added subsec. (e).

1964—Subsec. (d)(2). Pub. L. 88–616 struck out "after December 31, 1956," after "injury incurred".

1961—Subsec. (c). Pub. L. 87–102 extended provisions for benefits based on limited periods immediately following discharge from active duty after December 31, 1956 to veterans discharged before such date.

Effective Date of 1961 Amendment

Pub. L. 87–102, §2, July 21, 1961, 75 Stat. 219, 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, §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, §401, Nov. 23, 1977, 91 Stat. 1449, as amended by Pub. L. 96–466, title VIII, §801(m)(3), Oct. 17, 1980, 94 Stat. 2217; Pub. L. 98–94, title XII, §1263(a), Sept. 24, 1983, 97 Stat. 703; Pub. L. 102–83, §6(b), Aug. 6, 1991, 105 Stat. 407, provided that:

"(a)(1) Notwithstanding any other provision of law, the service of any person as a member of the Women's Air Forces Service Pilots (a group of Federal civilian employees attached to the United States Army Air Force during World War II), or the service of any person in any other similarly situated group the members of which rendered service to the Armed Forces of the United States in a capacity considered civilian employment or contractual service at the time such service was rendered, shall be considered active duty for the purposes of all laws administered by the Secretary of Veterans Affairs if the Secretary of Defense, pursuant to regulations which the Secretary shall prescribe—

"(A) after a full review of the historical records and all other available evidence pertaining to the service of any such group, determines, on the basis of judicial and other appropriate precedent, that the service of such group constituted active military service, and

"(B) in the case of any such group with respect to which such Secretary has made an affirmative determination that the service of such group constituted active military service, issues to each member of such group a discharge from such service under honorable conditions where the nature and duration of the service of such member so warrants.

Discharges issued pursuant to the provisions of the first sentence of this paragraph shall designate as the date of discharge that date, as determined by the Secretary of Defense, on which such service by the person concerned was terminated.

"(2) In making a determination under clause (A) of paragraph (1) of this subsection with respect to any group described in such paragraph, the Secretary of Defense may take into consideration the extent to which—

"(A) such group received military training and acquired a military capability or the service performed by such group was critical to the success of a military mission,

"(B) the members of such group were subject to military justice, discipline, and control,

"(C) the members of such group were permitted to resign,

"(D) the members of such group were susceptible to assignment for duty in a combat zone, and

"(E) the members of such group had reasonable expectations that their service would be considered to be active military service.

"(b)(1) No benefits shall be paid to any person for any period prior to the date of enactment of this title [Nov. 23, 1977] as a result of the enactment of subsection (a) of this section.

"(2) The provisions of section 106(a)(2) of title 38, United States Code, relating to election of benefits, shall be applicable to persons made eligible for benefits, under laws administered by the Secretary of Veterans Affairs, as a result of implementation of the provisions of subsection (a) of this section.

"(c) Under regulations prescribed by the Secretary of Defense, any person who is issued a discharge under honorable conditions pursuant to the implementation of subsection (a) of this section may be awarded any campaign or service medal warranted by such person's service."

[Section 1263(b) of Pub. L. 98–94 provided that: "The amendment made by subsection (a) [enacting subsec. (c) set out above] shall apply to all persons issued discharges under honorable conditions pursuant to section 401 of the GI Bill Improvements Act of 1977 [Pub. L. 95–202, set out above] whether such discharges are awarded before, on, or after the date of the enactment of this Act [Sept. 24, 1983]."]

[Amendment of subsec. (a)(1)(B), set out above, by Pub. L. 96–466, effective Oct. 1, 1980, see section 802(h) of Pub. L. 96–466, set out as an Effective Date of 1980 Amendment note under section 3452 of this title.]

§107. Certain service deemed not to be active service

(a) Service before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, shall not be deemed to have been active military, naval, or air service for the purposes of any law of the United States conferring rights, privileges, or benefits upon any person by reason of the service of such person or the service of any other person in the Armed Forces, except benefits under—

(1) contracts of National Service Life Insurance entered into before February 18, 1946;

(2) chapter 10 of title 37; and

(3) chapters 11, 13 (except section 1312(a)), 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.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1111; Pub. L. 87–268, §1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 89–641, §2(a), Oct. 11, 1966, 80 Stat. 885; Pub. L. 97–295, §4(4), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99–576, title VII, §701(6), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102–83, §§4(a)(1), 5(c)(1), Aug. 6, 1991, 105 Stat. 403, 406; Pub. L. 103–446, title V, §507(a), Nov. 2, 1994, 108 Stat. 4664; Pub. L. 106–377, §1(a)(1) [title V, §501(a)(1)], Oct. 27, 2000, 114 Stat. 1441, 1441A-57; Pub. L. 106–419, title III, §§331(b), 332(a), Nov. 1, 2000, 114 Stat. 1856; Pub. L. 107–14, §8(a)(1), June 5, 2001, 115 Stat. 34; Pub. L. 107–330, title III, §308(g)(2), Dec. 6, 2002, 116 Stat. 2828; Pub. L. 108–183, title II, §§211(a), 212(a), Dec. 16, 2003, 117 Stat. 2657; Pub. L. 111–275, title V, §502(d)(1), Oct. 13, 2010, 124 Stat. 2882.)

References in Text

Section 14 of the Armed Forces Voluntary Recruitment Act of 1945, referred to in subsec. (b), is section 14 of act Oct. 6, 1945, ch. 393, 59 Stat. 543, which enacted section 637 of former Title 10, Army and Air Force, and was omitted from the Code in the revision and reenactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, 70A Stat. 1.

Sections 620 and 621 of the National Service Life Insurance Act of 1940, referred to in subsec. (b)(1), are sections 620 and 621 of act Oct. 8, 1940, ch. 757, title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt. II, §10, 65 Stat. 36, which enacted sections 820 and 821 of former Title 38, Pensions, Bonuses, and Veterans' Relief, which were repealed and the provisions thereof reenacted as sections 722(a) and 723 [now 1922(a) and 1923] of this title by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105.

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.

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, §212(a)(2), inserted "or (d)" after "subsection (c)" in second sentence.

Pub. L. 108–183, §211(a)(1), substituted "Except as provided in subsection (c), payments" for "Payments" in second sentence.

Subsec. (b)(2). Pub. L. 108–183, §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, §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, §212(a)(3), inserted "or (b), as otherwise applicable," after "subsection (a)".

Subsec. (d)(2). Pub. L. 108–183, §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, §8(a)(1)(A), inserted "or (d)" after "subsection (c)" in concluding provisions.

Subsecs. (c), (d). Pub. L. 107–14, §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, §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, §1(a)(1) [title V, §501(a)(1)(A)]. See below.

Pub. L. 106–377, §1(a)(1) [title V, §501(a)(1)(A)], substituted "Except as provided in subsection (c), payments" for "Payments" in concluding provisions.

Subsec. (a)(3). Pub. L. 106–419, §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, §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, §1(a)(1) [title V, §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, §5(c)(1), substituted "1312(a)" for "412(a)".

Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "1922" for "722" in par. (1)(C) and "1312(a)" for "412(a)" in par. (2).

Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".

1986—Subsec. (a). Pub. L. 99–576 substituted "that such member's" for "that his" in last sentence.

1982—Subsec. (a)(2). Pub. L. 97–295 substituted "chapter 10 of title 37" for "the Missing Persons Act".

1966—Pub. L. 89–641 increased the specified dollar/peso rate for payments from one peso for each dollar otherwise authorized to a rate in Philippine pesos equivalent to $0.50 for each dollar.

1961—Pub. L. 87–268 substituted "section 412(a)" for "sections 412" wherever appearing.

Effective Date of 2010 Amendment

Pub. L. 111–275, title V, §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, §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, §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, §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, §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, §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, §1(a)(1) [title V, §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, §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

Pub. L. 89–641, §1, Oct. 11, 1966, 80 Stat. 884, 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.

§108. Seven-year absence presumption of death

(a) No State law providing for presumption of death shall be applicable to claims for benefits under laws administered by the Secretary.

(b) If evidence satisfactory to the Secretary is submitted establishing the continued and unexplained absence of any individual from that individual's home and family for seven or more years, and establishing that after diligent search no evidence of that individual's existence after the date of disappearance has been found or received, the death of such individual as of the date of the expiration of such period shall be considered as sufficiently proved.

(c) Except in a suit brought pursuant to section 1984 of this title, the finding of death made by the Secretary shall be final and conclusive.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 99–576, title VII, §701(7), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102–83, §§4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406.)

Amendments

1991—Subsec. (a). Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".

Subsec. (b). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Subsec. (c). Pub. L. 102–83, §5(c)(1), substituted "1984" for "784".

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

1986—Subsec. (b). Pub. L. 99–576 substituted "that individual's" for "his" in two places.

§109. Benefits for discharged members of allied forces

(a)(1) In consideration of reciprocal services extended to the United States, the Secretary, upon request of the proper officials of the government of any nation allied or associated with the United States in World War I (except any nation which was an enemy of the United States during World War II), or in World War II, may furnish to discharged members of the armed forces of such government, under agreements requiring reimbursement in cash of expenses so incurred, at such rates and under such regulations as the Secretary may prescribe, medical, surgical, and dental treatment, hospital care, transportation and traveling expenses, prosthetic appliances, education, training, or similar benefits authorized by the laws of such nation for its veterans, and services required in extending such benefits. Hospitalization in a Department facility shall not be afforded under this section, except in emergencies, unless there are available beds surplus to the needs of veterans of this country. The Secretary may also pay the court costs and other expenses incident to the proceedings taken for the commitment of such discharged members who are mentally incompetent to institutions for the care or treatment of the insane.

(2) The Secretary, in carrying out the provisions of this subsection, may contract for necessary services in private, State, and other Government hospitals.

(3) All amounts received by the Department as reimbursement for such services shall be credited to the current appropriation of the Department from which expenditures were made under this subsection.

(b) Persons who served in the active service in the armed forces of any government allied with the United States in World War II and who at time of entrance into such active service were citizens of the United States shall, by virtue of such service, and if otherwise qualified, be entitled to the benefits of chapters 31 and 37 of this title in the same manner and to the same extent as veterans of World War II are entitled. No such benefit shall be extended to any person who is not a resident of the United States at the time of filing claim, or to any person who has applied for and received the same or any similar benefit from the government in whose armed forces such person served.

(c)(1) Any person who served during World War I or World War II as a member of any armed force of the Government of Czechoslovakia or Poland and participated while so serving in armed conflict with an enemy of the United States and has been a citizen of the United States for at least ten years shall, by virtue of such service, and upon satisfactory evidence thereof, be entitled to hospital and domiciliary care and medical services within the United States under chapter 17 of this title to the same extent as if such service had been performed in the Armed Forces of the United States unless such person is entitled to, or would, upon application thereof, be entitled to, payment for equivalent care and services under a program established by the foreign government concerned for persons who served in its armed forces in World War I or World War II.

(2) In order to assist the Secretary in making a determination of proper service eligibility under this subsection, each applicant for the benefits thereof shall furnish an authenticated certification from the French Ministry of Defense or the British War Office as to records in either such Office which clearly indicate military service of the applicant in the Czechoslovakian or Polish armed forces and subsequent service in or with the armed forces of France or Great Britain during the period of World War I or World War II.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 94–491, Oct. 14, 1976, 90 Stat. 2363; Pub. L. 99–576, title VII, §701(8), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102–83, §4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

Amendments

1991—Subsec. (a)(1). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (a)(2). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Subsec. (a)(3). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration" in two places.

Subsec. (c)(2). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

1986—Subsec. (b). Pub. L. 99–576 substituted "such person" for "he".

1976—Subsec. (c). Pub. L. 94–491 added subsec. (c).

§110. Preservation of disability ratings

A rating of total disability or permanent total disability which has been made for compensation, pension, or insurance purposes under laws administered by the Secretary, and which has been continuously in force for twenty or more years, shall not be reduced thereafter, except upon a showing that such rating was based on fraud. A disability which has been continuously rated at or above evaluation for twenty or more years for compensation purposes under laws administered by the Secretary shall not thereafter be rated at less than such evaluation, except upon a showing that such rating was based on fraud. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 87–825, §6, Oct. 15, 1962, 76 Stat. 950; Pub. L. 88–445, §1(a), (b), Aug. 19, 1964, 78 Stat. 464; Pub. L. 91–32, June 23, 1969, 83 Stat. 38; Pub. L. 102–83, §4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

Amendments

1991—Pub. L. 102–83 substituted "Secretary" for "Administrator" and substituted "administered by the Secretary" for "administered by the Veterans' Administration" in two places.

1969—Pub. L. 91–32 substituted "evaluation" for "percentage" wherever appearing.

1964—Pub. L. 88–445 substituted "Preservation of disability ratings" for "Preservation of total disability ratings" in section catchline, and inserted sentence directing that a disability which has been continuously rated at or above any percentage for twenty or more years for compensation purposes shall not thereafter be rated at less than such percentage, except upon a showing that such rating was based on fraud.

1962—Pub. L. 87–825 provided for computation of the period from the date the Administrator determines as the date the status commenced for rating purposes.

Effective Date of 1969 Amendment

Pub. L. 91–32, June 23, 1969, 83 Stat. 38, provided in part that the amendment made by that section is effective Aug. 19, 1964.

Effective Date of 1962 Amendment

Pub. L. 87–825, §7, Oct. 15, 1962, 76 Stat. 950, provided that: "This Act [see Tables for classification] shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act [Oct. 15, 1962], but no payments shall be made by reason of this Act for any period before such effective date. Payments for any period before such effective date shall be made under prior laws and regulations. The provisions of this Act with respect to reductions and discontinuances shall be applicable only where the event requiring such reduction or discontinuance occurs on or after such effective date. If such event occurred before such effective date, action shall be taken pursuant to the prior laws and regulations."

§111. Payments or allowances for beneficiary travel

(a) Under regulations prescribed by the President pursuant to the provisions of this section, the Secretary may pay the actual necessary expense of travel (including lodging and subsistence), or in lieu thereof an allowance based upon mileage (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) 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.

(G) A veteran with vision impairment, a veteran with a spinal cord injury or disorder, or a veteran with double or multiple amputations whose travel is in connection with care provided through a special disabilities rehabilitation program of the Department (including programs provided by spinal cord injury centers, blind rehabilitation centers, and prosthetics rehabilitation centers) if such care is provided—

(i) on an in-patient basis; or

(ii) during a period in which the Secretary provides the veteran with temporary lodging at a facility of the Department to make such care more accessible to the veteran.


(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 to or from a Department facility 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. 1395m(l)) 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.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 86–590, July 5, 1960, 74 Stat. 329; Pub. L. 89–358, §4(g), Mar. 3, 1966, 80 Stat. 24; Pub. L. 89–455, June 18, 1966, 80 Stat. 208; Pub. L. 94–581, title I, §101, Oct. 21, 1976, 90 Stat. 2842; Pub. L. 96–151, title II, §201(a), Dec. 20, 1979, 93 Stat. 1093; Pub. L. 97–295, §4(5), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 100–322, title I, §108(a), (b)(1), (c)–(e)(1), May 20, 1988, 102 Stat. 496–498; Pub. L. 102–83, §§4(a)(3), (4), (6), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 103–446, title XII, §1201(e)(1), Nov. 2, 1994, 108 Stat. 4685; Pub. L. 110–387, title IV, §401(a)(1), (b), Oct. 10, 2008, 122 Stat. 4122; Pub. L. 111–163, title I, §104, title III, §305(a)–(d), May 5, 2010, 124 Stat. 1140, 1151, 1152; Pub. L. 112–56, title II, §263, Nov. 21, 2011, 125 Stat. 732; Pub. L. 112–154, title VII, §704, Aug. 6, 2012, 126 Stat. 1206; Pub. L. 112–260, title II, §202(b)(1)–(3), Jan. 10, 2013, 126 Stat. 2424; Pub. L. 114–58, title VI, §601(1), Sept. 30, 2015, 129 Stat. 538; Pub. L. 114–223, div. A, title II, §250(a), Sept. 29, 2016, 130 Stat. 892.)

References in Text

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.

Amendments

2016—Subsec. (b)(1)(G). Pub. L. 114–223 added subpar. (G).

2015—Subsec. (b)(1). Pub. L. 114–58, §601(1)(A), substituted "subsection (g)(2)" for "subsection (g)(2)(A)".

Subsec. (b)(3)(C). Pub. L. 114–58, §601(1)(B), substituted "(42 U.S.C. 1395m(l))" for "(42 U.S.C. 1395(l))".

2013—Subsec. (h). Pub. L. 112–260 transferred subsec. (h), relating to transportation of veterans to Department facilities by third parties, to section 111A(b) of this title.

2012—Subsec. (b)(3)(C). Pub. L. 112–154 substituted "to or from a Department facility" for "under subparagraph (B)".

2011—Subsec. (b)(3)(C). Pub. L. 112–56 added subpar. (C).

2010—Subsec. (a). Pub. L. 111–163, §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, §305(c), inserted "who is not traveling by air and" before "whose annual".

Subsec. (b)(4). Pub. L. 111–163, §305(d), added par. (4).

Subsec. (e). Pub. L. 111–163, §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, §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, §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, §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, §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, §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, §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, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in two places.

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (b). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (b)(1)(C), (D). Pub. L. 102–83, §5(c)(1), substituted "1521" for "521" in subpar. (C) and "1503" for "503" and "1521" for "521" in subpar. (D).

Subsec. (b)(1)(E), (F). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (b)(3)(B). Pub. L. 102–83, §4(a)(6), substituted "Department facility" for "Veteran's Administration facility".

Subsec. (c)(1), (2). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (c)(3). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (c)(4), (5). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (e). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (f). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (g)(1). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for first and third references to "Administrator".

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (g)(2)(A). Pub. L. 102–83, §5(c)(1), substituted "1521" for "521" in two places and "1503" for "503".

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Subsec. (g)(3), (4). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (h). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for first reference to "Administrator".

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration" wherever appearing.

1988—Pub. L. 100–322, §108(e)(1), substituted "Payments or allowances for beneficiary travel" for "Travel expenses" in section catchline.

Subsecs. (b), (c). Pub. L. 100–322, §108(a)(2), added subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d) and (e), respectively.

Subsec. (d). Pub. L. 100–322, §108(a)(1), (d), redesignated subsec. (b) as (d), and in par. (1) substituted "The mileage" for "the mileage" and "of this section." for "hereof;", in par. (2) substituted "Actual" for "actual" and a period for a semicolon, and in par. (3) substituted "The expense" for "the expense". Former subsec. (d) redesignated (f).

Subsecs. (e), (f). Pub. L. 100–322, §108(a)(1), redesignated subsecs. (c) and (d) as (e) and (f), respectively. Former subsec. (e) redesignated (g).

Subsec. (g). Pub. L. 100–322, §108(a)(1), (c), redesignated subsec. (e) as (g), and in par. (4) substituted "Before determining rates or adjusting amounts" for "Before determining rates" and "containing the rates and amounts" for "containing the rates".

Subsec. (h). Pub. L. 100–322, §108(b)(1), added subsec. (h).

1982—Subsec. (e)(4). Pub. L. 97–295 substituted "and" for ", and not later than sixty days after the effective date of this subsection, and thereafter" after "under this section".

1979—Subsec. (e)(2)(A). Pub. L. 96–151 substituted provisions respecting determinations pursuant to regulations prescribed by the Administrator, subject to applicable exceptions, for provisions respecting determinations based on annual declarations and certifications by persons claiming reimbursements, subject to applicable exceptions.

1976—Subsec. (a). Pub. L. 94–581, §101(1), inserted "pursuant to the provisions of this section" after "President".

Subsec. (e). Pub. L. 94–581, §101(2), added subsec. (e).

1966—Subsec. (a). Pub. L. 89–358 substituted reference to chapter 34 for 33.

Subsec. (b). Pub. L. 89–455 authorized the prepayment of actual local travel expenses and the expense of hiring an automobile or ambulance, or the fee authorized for the services of a nonemployee attendant.

1960—Subsec. (a). Pub. L. 86–590 allowed reimbursement for actual cost of ferry fares, and bridge, road, and tunnel tolls.

Effective Date of 2016 Amendment

Pub. L. 114–223, div. A, title II, §250(c), Sept. 29, 2016, 130 Stat. 893, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act [Sept. 29, 2016]."

Effective Date of 2008 Amendment

Pub. L. 110–387, title IV, §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

Pub. L. 100–322, title I, §108(g), May 20, 1988, 102 Stat. 499, 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

Pub. L. 96–151, title II, §206, Dec. 20, 1979, 93 Stat. 1095, 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

Pub. L. 94–581, title II, §211, Oct. 21, 1976, 90 Stat. 2866, 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

Pub. L. 100–322, title I, §108(f), May 20, 1988, 102 Stat. 498, 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, §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, §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, §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, §108, Nov. 21, 1983, 97 Stat. 999, provided that promulgation of guidelines pending issuance of regulations covering the travel of beneficiaries during an interim period beginning Jan. 1, 1984, and directed that a report be made to Congress not later than Apr. 1, 1984, regarding travel payments.

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

Pub. L. 96–330, title IV, §406, Aug. 26, 1980, 94 Stat. 1052, provided that: "No provision of law enacted after the date of the enactment of this Act [Aug. 26, 1980] which imposes any restriction or limitation on the availability of funds for the travel and transportation of officers and employees of the executive branch of the Government and their dependents, or on the transportation of things of such officers and employees and their dependents, shall be applicable to the travel of eligible veterans, dependents, or survivors, for which reimbursement is authorized under title 38, United States Code, pursuant to the terms and conditions of section 111 of such title, unless such provision is expressly made applicable to the travel of such veterans, dependents, or survivors."

Executive Order No. 10810

Ex. Ord. No. 10810, Apr. 22, 1959, 24 F.R. 3179, as amended by Ex. Ord. No. 10881, July 6, 1960, 25 F.R. 6414, which prescribed regulations governing allowances, was superseded by Ex. Ord. No. 11142, Feb. 12, 1964, 29 F.R. 2479.

Executive Order No. 11142

Ex. Ord. No. 11142, Feb. 12, 1964, 29 F.R. 2479, which prescribed regulations governing allowances, was superseded by Ex. Ord. No. 11302, Sept. 6, 1966, 31 F.R. 11741, set out below.

Ex. Ord. No. 11302. Regulations Governing Allowances

Ex. Ord. No. 11302, Sept. 6, 1966, 31 F.R. 11741, as amended Ex. Ord. No. 11429, Sept. 9, 1968, 33 F.R. 12817; Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, provided:

By virtue of the authority vested in me by Section 111 of Title 38 of the United States Code, as amended by the Act of June 18, 1966 (Public Law 89–455), it is hereby ordered as follows:

Section 1. The Administrator of Veterans' Affairs may authorize or approve the payment of the actual necessary expenses of travel, including lodging and subsistence, of any claimant or beneficiary of the Veterans' Administration traveling to or from a Veterans' Administration facility, or other place, in connection with vocational rehabilitation or counseling, or for the purpose of examination, treatment, or care. The Administrator may authorize or approve such payment to the claimant or beneficiary, or, in his discretion, to the person who or the organization which has actually paid the expenses of such travel, including lodging and subsistence.

Sec. 2. The Administrator of Veterans' Affairs may authorize or approve in lieu of actual necessary expenses of travel, including lodging and subsistence, payment of an allowance, in such amount per mile as the Administrator shall from time to time fix pursuant to 38 U.S.C. 111 as affected by this order, to any claimant or beneficiary of the Veterans' Administration traveling to or from a Veterans' Administration facility, or other place, in connection with vocational rehabilitation or counseling, or for the purpose of examination, treatment, or care. In addition to such mileage allowance, the Administrator may allow reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls. In his discretion, the Administrator may authorize or approve such payment and such reimbursement to the person who or the organization which has actually paid the expenses of such travel, including lodging and subsistence.

Sec. 3. Whenever a claimant or beneficiary requires an attendant other than an employee of the Veterans' Administration for the performance of travel specified in Section 1 and 2 hereof, the travel expenses of such attendant may be allowed in the same manner and to the same extent that travel expenses are allowed to such claimant or beneficiary.

Sec. 4. Payment of the following expenses or allowances in connection with vocational rehabilitation, counseling, or upon termination of examination, treatment, or care, may be made before the completion of travel:

a. The mileage allowance and fare and tolls authorized by Section 2 hereof.

b. Actual local travel expenses.

c. The expense of hiring an automobile or ambulance, or the fee authorized for services of a non-employee attendant.

Sec. 5. The Administrator of Veterans' Affairs may prescribe such rules and regulations not inconsistent herewith as may be necessary to effectuate the provisions of this order.

Sec. 6. Executive Order No. 11142 of February 12, 1964, is hereby superseded.

§111A. Transportation of individuals to and from Department facilities

(a) Transportation by Secretary.—(1) The Secretary may transport 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.

(2) The authority granted by paragraph (1) shall expire on September 30, 2020.

(b) Transportation by Third-parties.—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.

(Added and amended Pub. L. 112–260, title II, §202(a), (b), Jan. 10, 2013, 126 Stat. 2423, 2424; Pub. L. 113–59, §6, Dec. 20, 2013, 127 Stat. 662; Pub. L. 113–175, title IV, §401, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, §401, Sept. 30, 2015, 129 Stat. 534; Pub. L. 114–228, title IV, §401, Sept. 29, 2016, 130 Stat. 939; Pub. L. 115–62, title IV, §401, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, §161, Sept. 29, 2018, 132 Stat. 3171.)

Amendments

2018—Subsec. (a)(2). Pub. L. 115–251 substituted "September 30, 2020" for "September 30, 2019".

2017—Subsec. (a)(2). Pub. L. 115–62 substituted "September 30, 2019" for "December 31, 2017".

2016—Subsec. (a)(2). Pub. L. 114–228 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (a)(2). Pub. L. 114–58 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (a)(2). Pub. L. 113–175 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (a)(2). Pub. L. 113–59 substituted "December 31, 2014" for "the date that is one year after the date of the enactment of this section".

Subsec. (b). Pub. L. 112–260, §202(b), transferred subsec. (h) of section 111 of this title to this section, redesignated it as subsec. (b), and inserted heading.

§112. Presidential memorial certificate program

(a) At the request of the President the Secretary may conduct a program for honoring the memory of deceased persons eligible for burial in a national cemetery by reason of any of paragraphs (1), (2), (3), or (7) of section 2402(a) of this title, by preparing and sending to eligible recipients a certificate bearing the signature of the President and expressing the country's grateful recognition of the deceased individual'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.

(Added Pub. L. 89–88, §1(a), July 24, 1965, 79 Stat. 264; amended Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 107–330, title II, §201(a), Dec. 6, 2002, 116 Stat. 2823; Pub. L. 112–154, title VI, §603, Aug. 6, 2012, 126 Stat. 1201; Pub. L. 114–315, title III, §302(a), Dec. 16, 2016, 130 Stat. 1551.)

Amendments

2016—Subsec. (a). Pub. L. 114–315 substituted "persons eligible for burial in a national cemetery by reason of any of paragraphs (1), (2), (3), or (7) of section 2402(a) of this title," for "veterans, discharged under honorable conditions, and persons who died in the active military, naval, or air service,".

2012—Subsec. (a). Pub. L. 112–154 inserted "and persons who died in the active military, naval, or air service," after "under honorable conditions," and substituted "deceased individual's" for "veteran's".

2002—Subsec. (c). Pub. L. 107–330 added subsec. (c).

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

Effective Date of 2016 Amendment

Pub. L. 114–315, title III, §302(b), Dec. 16, 2016, 130 Stat. 1551, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to the death of a person eligible for burial in a national cemetery by reason of paragraph (1), (2), (3), or (7) of section 2402(a) of title 38, United States Code, occurring before, on, or after the date of the enactment of this Act [Dec. 16, 2016]."

Effective Date of 2002 Amendment

Pub. L. 107–330, title II, §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]."

§113. Treatment of certain programs under sequestration procedures

(a) The following programs shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration law and shall not be included in any report specifying reductions in Federal spending:

(1) Benefits under chapter 21 of this title, relating to specially adapted housing and mortgage-protection life insurance for certain veterans with service-connected disabilities.

(2) Benefits under section 2307 of this title, relating to burial benefits for veterans who die as the result of a service-connected disability.

(3) Benefits under chapter 39 of this title, relating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces.

(4) Assistance and services under chapter 31 of this title, relating to training and rehabilitation for certain veterans with service-connected disabilities.

(5) Benefits under chapter 35 of this title, relating to educational assistance for survivors and dependents of certain veterans with service-connected disabilities.

(6) Benefits under subchapters I, II, and III of chapter 37 of this title, relating to housing loans for certain veterans and for the spouses and surviving spouses of certain veterans.


(b) The following accounts of the Department shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration law and shall not be included in any report specifying reductions in Federal spending:

(1) The following life insurance accounts:

(A) The National Service Life Insurance Fund authorized by section 1920 of this title.

(B) The Service-Disabled Veterans Insurance Fund authorized by section 1922 of this title.

(C) The Veterans Special Life Insurance Fund authorized by section 1923 of this title.

(D) The Veterans Reopened Insurance Fund authorized by section 1925 of this title.

(E) The United States Government Life Insurance Fund authorized by section 1955 of this title.

(F) The Veterans Insurance and Indemnity appropriation authorized by section 1919 of this title.


(2) The following revolving fund accounts:

(A) The Department of Veterans Affairs Special Therapeutic and Rehabilitation Activities Fund established by section 1718(c) of this title.

(B) The Veterans' Canteen Service revolving fund authorized by section 7804 of this title.


(c)(1) A benefit under section 2301, 2302, 2303, 2306, or 2308 of this title that is subject to reduction under a sequestration order or sequestration law shall be paid in accordance with the rates determined under the sequestration order or law (if any) in effect on the date of the death of the veteran concerned.

(2) A benefit paid to, or on behalf of, an eligible veteran for pursuit of a program of education or training under chapter 30, 31, 34, 35, or 36 of this title that is subject to a sequestration order or a sequestration law shall be paid in accordance with the rates determined under the sequestration order or law (if any) in effect during the period of education or training for which the benefit is paid.

(3) In implementation of a sequestration order or law with respect to each account from which a benefit described in paragraph (1) or (2) of this subsection is paid (including the making of determinations of the amounts by which such benefits are to be reduced), the total of the amounts (as estimated by the Secretary after consultation with the Director of the Congressional Budget Office) by which payments of such benefit will be reduced by reason of such paragraph after the last day of the period during which such order or law is in effect shall be deemed to be additional reductions in the payments of such benefit made, and in new budget authority for such payments, during such period.

(d) In computing the amount of new budget authority by which a budget account of the Department is to be reduced for a fiscal year under a report of the Director of the Office of Management and Budget, or under an order of the President under part C of the Balanced Budget and Emergency Deficit Control Act of 1985, the base from which the amount of the reduction for such account is determined shall be established without regard to any amount of new budget authority in such account (determined under section 251(a)(6) 1 of such Act) for any of the programs listed in subsection (a) of this section.

(e) This section applies without regard to any other provision of law (whether enacted before, on, or after the date of the enactment of this section) unless such Act expressly provides that it is enacted as a limitation to this section.

(f) For the purposes of this section:

(1) The term "sequestration" means a reduction in spending authority and loan guarantee commitments generally throughout the Government under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law.

(2) The term "sequestration law" means a law enacted with respect to a sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law (under the procedures specified in that Act or otherwise).

(3) The term "sequestration order" means an order of the President issued under part C of such Act.

(Added Pub. L. 99–576, title VI, §601(a)(1), Oct. 28, 1986, 100 Stat. 3287; amended Pub. L. 100–198, §12(a), Dec. 21, 1987, 101 Stat. 1325; Pub. L. 100–322, title IV, §411(b), (c), May 20, 1988, 102 Stat. 547; Pub. L. 102–40, title IV, §402(d)(1), May 7, 1991, 105 Stat. 239; Pub. L. 102–83, §§4(a)(2)(B)(i), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406.)

References in Text

The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsecs. (a), (b), (d), and (f), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038. Part C of the Act is classified generally to subchapter I (§900 et seq.) of chapter 20 of Title 2, The Congress. Section 251 of the Act is classified to section 901 of Title 2, and was amended generally by Pub. L. 101–508, title XIII, §13101(a), Nov. 5, 1990, 104 Stat. 1388–577, and Pub. L. 112–25, title I, §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.

Amendments

1991—Subsec. (a)(2). Pub. L. 102–83, §5(c)(1), substituted "2307" for "907".

Subsec. (b). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration" in introductory provisions.

Subsec. (b)(1). Pub. L. 102–83, §5(c)(1), substituted "1920" for "720" in subpar. (A), "1922" for "722" in subpar. (B), "1923" for "723" in subpar. (C), "1925" for "725" in subpar. (D), "1955" for "755" in subpar. (E), and "1919" for "719" in subpar. (F).

Subsec. (b)(2)(A). Pub. L. 102–83, §5(c)(1), substituted "1718(c)" for "618(c)".

Pub. L. 102–83, §4(a)(2)(B)(i), substituted "Department of Veterans Affairs" for "Veterans' Administration".

Subsec. (b)(2)(B). Pub. L. 102–40 substituted "7804" for "4204".

Subsec. (c)(1). Pub. L. 102–83, §5(c)(1), substituted "2301, 2302, 2303, 2306, or 2308" for "901, 902, 903, 906, or 908".

Subsec. (c)(3). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Subsec. (d). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

1988—Subsec. (a)(4), (5). Pub. L. 100–322, §411(b), struck out "(but only with respect to fiscal year 1987)" before period at end.

Subsec. (d). Pub. L. 100–322, §411(c), substituted "a report of the Director of the Office of Management and Budget" for "a joint report of the Directors of the Office of Management and Budget and the Congressional Budget Office".

1987—Subsec. (a)(6). Pub. L. 100–198, §12(a)(1), added par. (6).

Subsec. (c)(2). Pub. L. 100–198, §12(a)(3), substituted "31, 34, 35, or 36" for "34, or 36".

Subsecs. (e) to (g). Pub. L. 100–198, §12(a)(2), redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which read as follows: "If a final order issued by the President pursuant to a law providing for the cancellation of loan guarantee commitments imposes a limitation on the total amount of loans that may be guaranteed under chapter 37 of this title in any fiscal year, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a monthly report (not later than the 10th day of each month during the remainder of such fiscal year following the issuance of such final order) providing the following information:

"(1) The total amount of the loans for which commitments of guarantees were made under such chapter during the preceding month.

"(2) The total amount of the loans for which commitments were made during the fiscal year through the end of such preceding month.

"(3) The Administrator's estimates as to the total amounts of the loans for which commitments would, in the absence of any limits on such commitments or guarantees, be made during (A) the month in which the report is required to be submitted, and (B) the succeeding months of the fiscal year."

Effective Date of 1987 Amendment

Pub. L. 100–198, §12(b), Dec. 21, 1987, 101 Stat. 1325, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on November 19, 1987."

Effective Date

Pub. L. 99–576, title VI, §601(b), Oct. 28, 1986, 100 Stat. 3289, 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

Pub. L. 100–322, title IV, §411(a), May 20, 1988, 102 Stat. 547, provided that:

"(1) Notwithstanding section 601(b) of the Veterans' Benefits Improvement and Health-Care Authorization Act of 1986 (Public Law 99–576) [set out as a note above], section 113(b)(2) of title 38, United States Code, shall apply with respect to a sequestration order issued, or a sequestration law enacted, for any fiscal year after fiscal year 1985.

"(2) The Secretary of the Treasury shall take such action as is necessary to implement paragraph (1). Not later than 60 days after the date of the enactment of this Act [May 20, 1988], the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the action taken by the Secretary pursuant to that paragraph."

1 See References in Text note below.

§114. Multiyear procurement

(a) The Secretary may enter into a multiyear contract for the procurement of supplies or services if the Secretary makes each of the following determinations:

(1) Appropriations are available for obligations that are necessary for total payments that would be required during the fiscal year in which the contract is entered into, plus the estimated amount of any cancellation charge payable under the contract.

(2) The contract is in the best interest of the United States by reason of the effect that use of a multiyear, rather than one-year, contract would have in—

(A) reducing costs;

(B) achieving economies in contract administration or in any other Department activities;

(C) increasing quality of performance by or service from the contractors; or

(D) encouraging effective competition.


(3) During the proposed contract period—

(A) there will be a continuing or recurring need for the supplies or services being procured;

(B) there is not a substantial likelihood of substantial changes in the need for such supplies or services in terms of the total quantity of such supplies or services or of the rate of delivery of such supplies or services; and

(C) the specifications for the supplies or services are expected to be reasonably stable.


(4) The risks relating to the prospective contractor's ability to perform in accordance with the specifications and other terms of the contract are not excessive.

(5) The use of a multiyear contract will not inhibit small business concerns in competing for the contract.

(6) In the case of the procurement of a pharmaceutical item for which a patent has expired less than four years before the date on which the solicitation of offers is issued, there is no substantial likelihood that increased competition among potential contractors would occur during the term of the contract as the result of the availability of generic equivalents increasing during the term of the contract.


(b)(1) A multiyear contract authorized by this section shall contain—

(A) a provision that the obligation of the United States under the contract during any fiscal year which is included in the contract period and is subsequent to the fiscal year during which the contract is entered into is contingent on the availability of sufficient appropriations (as determined by the Secretary pursuant to paragraph (2)(A) of this subsection) if, at the time the contract is entered into, appropriations are not available to cover the total estimated payments that will be required during the full term of the contract; and

(B) notwithstanding section 1502(a) of title 31, a provision for the payment of reasonable cancellation charges to compensate the contractor for nonrecurring, unrecovered costs, if any, if the performance is cancelled pursuant to the provision required by subparagraph (A) of this paragraph.


(2)(A) If, during a fiscal year after the fiscal year during which a multiyear contract is entered into under this section, the Secretary determines that, in light of other funding needs involved in the operation of Department programs, the amount of funds appropriated for such subsequent fiscal year is not sufficient for such contract, the Secretary shall cancel such contract pursuant to the provisions required by paragraph (1)(A) of this subsection.

(B) Cancellation charges under a multiyear contract shall be paid from the appropriated funds which were originally available for performance of the contract or the payment of cancellation costs unless such funds are not available in an amount sufficient to pay the entire amount of the cancellation charges payable under the contract. In a case in which such funds are not available in such amount, funds available for the procurement of supplies and services for use for the same purposes as the supplies or services procured through such contract shall be used to the extent necessary to pay such cost.

(c) Nothing in this section shall be construed so as to restrict the Secretary's exercise of the right to terminate for convenience a contract under any other provision of law which authorizes multiyear contracting.

(d) The Secretary shall prescribe regulations for the implementation of this section.

(e) For the purposes of this section:

(1) The term "appropriations" has the meaning given that term in section 1511 of title 31.

(2) The term "multiyear contract" means a contract which by its terms is to remain in effect for a period which extends beyond the end of the fiscal year during which the contract is entered into but not beyond the end of the fourth fiscal year following such fiscal year. Such term does not include a contract for construction or for a lease of real property.

(3) The term "nonrecurring, unrecovered costs" means those costs reasonably incurred by the contractor in performing a multiyear contract which (as determined under regulations prescribed under subsection (d) of this section) are generally incurred on a one-time basis.

(Added Pub. L. 100–322, title IV, §404(a), May 20, 1988, 102 Stat. 545; amended Pub. L. 101–237, title VI, §601(a), (b)(1), Dec. 18, 1989, 103 Stat. 2094; Pub. L. 102–83, §4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

Amendments

1991—Subsec. (a). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in two places in introductory provisions.

Subsec. (a)(2)(B). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (b)(1)(A). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Subsec. (b)(2)(A). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in two places.

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (c). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary's" for "Administrator's".

Subsec. (d). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

1989—Pub. L. 101–237, §601(b)(1), struck out "for certain medical items" after "Multiyear procurement" in section catchline.

Subsec. (a). Pub. L. 101–237, §601(a)(1), struck out "for use in Veterans' Administration health-care facilities" after "supplies or services".

Subsec. (b)(2)(A). Pub. L. 101–237, §601(a)(2), struck out "health-care" before "programs, the amount".

Subsec. (e)(2) to (4). Pub. L. 101–237, §601(a)(3), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: "The term 'cancel' or 'cancellation' refers to the termination of a contract by the Administrator as required under paragraph (2)(B)(i) of this subsection."

§115. Acquisition of real property

For the purposes of sections 314, 315, 316, and 2406 of this title and subchapter I of chapter 81 of this title, the Secretary may acquire and use real property—

(1) before title to the property is approved under section 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.

(Added Pub. L. 102–86, title IV, §402(a), Aug. 14, 1991, 105 Stat. 422; amended Pub. L. 102–83, §5(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title XII, §1201(d)(1), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 107–217, §3(j)(1), Aug. 21, 2002, 116 Stat. 1300.)

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.

§116. Reports to Congress: cost information

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.

(Added Pub. L. 106–419, title IV, §403(d)(1)(A), Nov. 1, 2000, 114 Stat. 1864.)

Effective Date

Pub. L. 106–419, title IV, §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]."

§117. Advance appropriations for certain accounts

(a) In General.—For each fiscal year, new budget authority provided in an appropriations Act for the covered accounts of the Department shall—

(1) be made available for that fiscal year; and

(2) include, for each such account, advance 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 covered accounts of the Department for the fiscal year following the fiscal year for which the budget is submitted.

(c) Covered Accounts of the Department.—For purposes of this section, the term "covered accounts of the Department" means the following accounts of the Department of Veterans Affairs account:

(1) Veterans Benefits Administration, Compensation and Pensions.

(2) Veterans Benefits Administration, Readjustment Benefits.

(3) Veterans Benefits Administration, Veterans Insurance and Indemnities.

(4) Veterans Health Administration, Medical Services.

(5) Veterans Health Administration, Medical Support and Compliance.

(6) Veterans Health Administration, Medical Facilities.

(7) Veterans Health Administration, Medical Community Care.


(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.

(Added Pub. L. 111–81, §3(a), Oct. 22, 2009, 123 Stat. 2137; amended Pub. L. 113–235, div. I, title II, §244(a), Dec. 16, 2014, 128 Stat. 2568; Pub. L. 114–315, title VI, §601(a), Dec. 16, 2016, 130 Stat. 1569.)

Amendments

2016—Subsec. (c)(7). Pub. L. 114–315 added par. (7).

2014—Pub. L. 113–235, §244(a)(4), substituted "certain accounts" for "certain medical care accounts" in section catchline.

Subsec. (a). Pub. L. 113–235, §244(a)(2), struck out "beginning with fiscal year 2011," after "each fiscal year," in introductory provisions and "discretionary" before "new budget authority" in introductory provisions and par. (2).

Pub. L. 113–235, §244(a)(1), substituted "covered accounts of the Department" for "medical care accounts of the Department" in introductory provisions.

Subsec. (b). Pub. L. 113–235, §244(a)(1), substituted "covered accounts of the Department" for "medical care accounts of the Department".

Subsec. (c). Pub. L. 113–235, §244(a)(1), (3)(A), (G), in heading, substituted "Covered Accounts of the Department" for "Medical Care Accounts" and, in introductory provisions, substituted "covered accounts of the Department" for "medical care accounts of the Department" and "accounts of the Department of Veterans Affairs account" for "medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account".

Pub. L. 113–235, §244(a)(3)(B)–(F), inserted "Veterans Health Administration," after enumerators for pars. (1) to (3), redesignated pars. (1) to (3) as (4) to (6), respectively, and added pars. (1) to (3).

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–315 applicable to fiscal years beginning on and after Oct. 1, 2017, see section 601(c) of Pub. L. 114–315, set out as a note under section 1105 of Title 31, Money and Finance.

Effective Date of 2014Amendment

Pub. L. 113–235, div. I, title II, §244(b), Dec. 16, 2014, 128 Stat. 2569, provided that: "Section 117 of title 38, United States Code, shall apply as follows:

"(1) With respect to an account described in paragraph (4), (5), or (6) of subsection (c) of such section, as redesignated by subsection (a) of this section, for each fiscal year beginning with fiscal year 2011.

"(2) With respect to an account described in paragraph (1), (2), or (3) of such subsection (c), as added by subsection (a) of this section, for each fiscal year beginning with 2017."

Comptroller General Review of the Accuracy of VA Medical Care Budget Submission in Relation to Baseline Health Care Model Projection

Pub. L. 111–81, §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."

§118. Submission of reports to Congress in electronic form

(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.

(Added Pub. L. 111–163, title X, §1003(a), May 5, 2010, 124 Stat. 1182.)

CHAPTER 3—DEPARTMENT OF VETERANS AFFAIRS

Sec.
301.
Department.
302.
Seal.
303.
Secretary of Veterans Affairs.
304.
Deputy Secretary of Veterans Affairs.
305.
Under Secretary for Health.
306.
Under Secretary for Benefits.
307.
Under Secretary for Memorial Affairs.
308.
Assistant Secretaries; Deputy Assistant Secretaries.
309.
Chief Financial Officer.
310.
Chief Information Officer.
311.
General Counsel.
312.
Inspector General.
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.
323.
Office of Accountability and Whistleblower Protection.

        

Prior Provisions

Prior chapter 3, consisted of sections 201 to 203, 210 to 224, 230, 231, 233 to 236, and 240 to 246, prior to repeal by Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 378.

Section 201, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1114, established Veterans' Administration as an independent agency in executive branch of Government. See section 301 of this title.

Section 202, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1114, related to seal of Veterans' Administration and authentication of records of Veterans' Administration. See section 302 of this title.

Section 203, added Pub. L. 94–424, §2(a), Sept. 28, 1976, 90 Stat. 1332; amended Pub. L. 97–258, §2(j), Sept. 13, 1982, 96 Stat. 1062; Pub. L. 98–160, title VII, §702(1), Nov. 21, 1983, 97 Stat. 1009, related to availability of appropriations. See section 313 of this title.

Section 210, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1114; Pub. L. 88–426, title III, §305(15), Aug. 14, 1964, 78 Stat. 424; Pub. L. 89–361, §1(a), (b), Mar. 7, 1966, 80 Stat. 29; Pub. L. 89–785, title III, §301, Nov. 7, 1966, 80 Stat. 1376; Pub. L. 92–328, title II, §201, June 30, 1972, 86 Stat. 396; Pub. L. 95–202, title III, §301, Nov. 23, 1977, 91 Stat. 1440; Pub. L. 96–22, title V, §502(a), June 13, 1979, 93 Stat. 64; Pub. L. 97–66, title VI, §601(a)(1), Oct. 17, 1981, 95 Stat. 1033; Pub. L. 97–452, §2(e)(1), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 99–166, title IV, §403(a), Dec. 3, 1985, 99 Stat. 957; Pub. L. 99–576, title V, §501, title VII, §701(9), Oct. 28, 1986, 100 Stat. 3285, 3291; Pub. L. 100–527, §15(a), Oct. 5, 1988, 102 Stat. 2644; Pub. L. 102–40, title III, §303, May 7, 1991, 105 Stat. 208, related to appointment and general authority of Administrator and Deputy Administrator. See sections 303, 304, 501, 503, 510, and 711 of this title.

Section 211, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1115; Pub. L. 89–214, §1(b), Sept. 29, 1965, 79 Stat. 886; Pub. L. 89–358, §4(h), Mar. 3, 1966, 80 Stat. 24; Pub. L. 91–376, §8(a), Aug. 12, 1970, 84 Stat. 790; Pub. L. 100–687, div. A, title I, §101(a), Nov. 18, 1988, 102 Stat. 4105, related to decisions of Administrator and opinions of Attorney General. See sections 505 and 511 of this title.

Section 212, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1115; Pub. L. 89–361, §2, Mar. 7, 1966, 80 Stat. 30; Pub. L. 99–576, title VII, §701(10), Oct. 28, 1986, 100 Stat. 3291, related to delegation of authority and assignment of duties. See section 512 of this title.

Section 213, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1115; Pub. L. 89–785, title III, §302, Nov. 7, 1966, 80 Stat. 1376; Pub. L. 91–24, §2(c), June 11, 1969, 83 Stat. 33; Pub. L. 99–576, title VII, §701(11), Oct. 28, 1986, 100 Stat. 3291, related to contracts and acceptance of personal services. See section 513 of this title.

Section 214, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1115, required an annual report to Congress by Administrator. See section 529 of this title.

Section 215, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1115; Pub. L. 99–576, title VII, §701(10), Oct. 28, 1986, 100 Stat. 3291, related to publication of laws relating to veterans. See section 525 of this title.

Section 216, added Pub. L. 100–322, title I, §132(a), May 20, 1988, 102 Stat. 506; amended Pub. L. 102–40, title IV, §402(d)(1), May 7, 1991, 105 Stat. 239, related to assistance to certain rehabilitation activities. See section 521 of this title.

Another prior section 216, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1116; Pub. L. 87–572, Aug. 6, 1962, 76 Stat. 307; Pub. L. 88–433, §1(a)–(c), Aug. 14, 1964, 78 Stat. 441, 442; Pub. L. 89–705, §1, Nov. 2, 1966, 80 Stat. 1099, which directed Administrator to conduct research in field of prosthetic appliances, prosthesis, orthopedic appliances, and sensory devices, was repealed by Pub. L. 94–581, title II, §205(c)(1), Oct. 21, 1976, 90 Stat. 2859. See section 7303 of this title.

Section 217, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1116; Pub. L. 99–576, title VII, §701(10), Oct. 28, 1986, 100 Stat. 3291, related to studies of rehabilitation of disabled persons. See section 522 of this title.

Section 218, added Pub. L. 93–43, §4(a), June 18, 1973, 87 Stat. 79; amended Pub. L. 98–528, title I, §101(a)(1), Oct. 19, 1984, 98 Stat. 2686; Pub. L. 99–576, title II, §211, Oct. 28, 1986, 100 Stat. 3257, related to security and law enforcement on property under jurisdiction of Veterans' Administration. See section 901 et seq. of this title.

Section 219, added Pub. L. 93–508, title II, §213(a), Dec. 3, 1974, 88 Stat. 1586; amended Pub. L. 99–576, title VII, §701(12), Oct. 28, 1986, 100 Stat. 3291, related to evaluation of programs and collection of data. See section 527 of this title.

Section 220, added Pub. L. 93–508, title II, §213(a), Dec. 3, 1974, 88 Stat. 1587; amended Pub. L. 96–466, title VII, §701(a), (b)(1), Oct. 17, 1980, 94 Stat. 2215; Pub. L. 98–528, title I, §106(a), (b)(1), Oct. 19, 1984, 98 Stat. 2690, related to coordination and promotion of other programs affecting veterans and their dependents. See section 523 of this title.

Section 221, added Pub. L. 97–37, §2(a), Aug. 14, 1981, 95 Stat. 935, established Advisory Committee on Former Prisoners of War. See section 541 of this title.

Section 222, added Pub. L. 98–160, title III, §301(a), Nov. 21, 1983, 97 Stat. 1003, established Advisory Committee on Women Veterans. See section 542 of this title.

Section 223, added Pub. L. 100–687, div. A, title I, §102(a)(1), Nov. 18, 1988, 102 Stat. 4106, related to rulemaking procedures and judicial review. See sections 501 and 502 of this title.

Section 224, added Pub. L. 100–322, title II, §203(b)(1), May 20, 1988, 102 Stat. 509, §223; renumbered §224, Pub. L. 101–94, title III, §302(d)(1), Aug. 16, 1989, 103 Stat. 628, related to administrative settlement of tort claims. See section 515 of this title.

Section 230, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1116; Pub. L. 86–103, July 23, 1959, 73 Stat. 224; Pub. L. 87–815, §5, Oct. 15, 1962, 76 Stat. 927; Pub. L. 91–338, July 16, 1970, 84 Stat. 437; Pub. L. 93–82, title IV, §401, Aug. 2, 1973, 87 Stat. 196; Pub. L. 95–520, §2, Oct. 26, 1978, 92 Stat. 1820; Pub. L. 96–22, title V, §503(a), June 13, 1979, 93 Stat. 65; Pub. L. 96–385, title V, §501, Oct. 7, 1980, 94 Stat. 1533; Pub. L. 97–295, §4(6), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99–108, §1, Sept. 30, 1985, 99 Stat. 481; Pub. L. 99–166, title IV, §402, Dec. 3, 1985, 99 Stat. 957; Pub. L. 99–576, title VII, §701(13), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 100–689, title V, §501(a), Nov. 18, 1988, 102 Stat. 4179; Pub. L. 101–237, title VI, §603(a), Dec. 18, 1989, 103 Stat. 2095, related to Central Office and regional offices. See sections 314 to 316 of this title.

Section 231, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1116, related to placement of employees in military installations. See section 701 of this title.

Section 232, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1116, which authorized Administrator to contract for services of translators without regard to certain provisions of law, was repealed by Pub. L. 91–24, §2(a), June 11, 1969, 83 Stat. 33.

Section 233, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1116; Pub. L. 87–574, §1(1), Aug. 6, 1962, 76 Stat. 308; Pub. L. 89–785, title III, §303(a), (b), Nov. 7, 1966, 80 Stat. 1376, 1377; Pub. L. 99–576, title VII, §§701(14), 702(2), Oct. 28, 1986, 100 Stat. 3291, 3301, related to providing employee's apparel, transportation of employee children, recreational facilities, educational information, reimbursement for personal property, and emergency transportation. See section 703 of this title.

Section 234, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1117; Pub. L. 93–82, title IV, §402(a), (c), Aug. 2, 1973, 87 Stat. 196, related to telephone service for medical officers and facility directors. See section 705 of this title.

Section 235, added Pub. L. 86–116, §1, July 28, 1959, 73 Stat. 265; amended Pub. L. 87–815, §6, Oct. 15, 1962, 76 Stat. 927; Pub. L. 89–300, §1(c), Oct. 28, 1965, 79 Stat. 1110; Pub. L. 96–22, title V, §503(b), (c)(1), June 13, 1979, 93 Stat. 65; Pub. L. 96–465, title II, §2206(g), Oct. 17, 1980, 94 Stat. 2163; Pub. L. 99–576, title VII, §§701(15), 702(3), Oct. 28, 1986, 100 Stat. 3291, 3301, related to benefits to employees at overseas offices who are United States citizens. See section 707 of this title.

Section 236, added Pub. L. 89–300, §1(a), Oct. 28, 1965, 79 Stat. 1110; amended Pub. L. 99–576, title VII, §701(16), Oct. 28, 1986, 100 Stat. 3292, related to administrative settlement of tort claims arising in foreign countries. See section 515 of this title.

Section 240, added Pub. L. 91–219, title II, §214(a), Mar. 26, 1970, 84 Stat. 84; amended Pub. L. 92–540, title IV, §410(a), Oct. 24, 1972, 86 Stat. 1092, described purpose and defined terms for veterans outreach services program.

Section 241, added Pub. L. 91–219, title II, §214(a), Mar. 26, 1970, 84 Stat. 84; amended Pub. L. 92–540, title IV, §410(b), Oct. 24, 1972, 86 Stat. 1092; Pub. L. 93–508, title II, §214(1), (2), Dec. 3, 1974, 88 Stat. 1587; Pub. L. 99–576, title VII, §§701(17), 702(4), Oct. 28, 1986, 100 Stat. 3292, 3301, related to outreach services.

Section 242, added Pub. L. 91–219, title II, §214(a), Mar. 26, 1970, 84 Stat. 85; amended Pub. L. 93–508, title II, §214(3), Dec. 3, 1974, 88 Stat. 1587; Pub. L. 99–576, title VII, §701(18), Oct. 28, 1986, 100 Stat. 3292, related to veterans assistance offices.

Section 243, added Pub. L. 93–508, title II, §214(4), Dec. 3, 1974, 88 Stat. 1587; amended Pub. L. 97–295, §4(7), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 97–306, title II, §201(a), Oct. 14, 1982, 96 Stat. 1433, related to outstationing of counseling and outreach personnel.

Section 244, added Pub. L. 91–219, title II, §214(a), Mar. 26, 1970, 84 Stat. 85, §243; renumbered §244 and amended Pub. L. 93–508, title II, §214(4), (5), Dec. 3, 1974, 88 Stat. 1587, 1588; Pub. L. 96–466, title V, §501, Oct. 17, 1980, 94 Stat. 2202; Pub. L. 99–576, title VII, §701(19), Oct. 28, 1986, 100 Stat. 3292, related to utilization of other agencies.

Section 245, added Pub. L. 91–219, title II, §214(a), Mar. 26, 1970, 84 Stat. 85, §244; renumbered §245, Pub. L. 93–508, title II, §214(4), Dec. 3, 1974, 88 Stat. 1587, related to an annual report to Congress on the effectiveness of outreach programs.

Section 246, added Pub. L. 95–202, title III, §310(b)(1), Nov. 23, 1977, 91 Stat. 1446; amended Pub. L. 95–336, §6(b), Aug. 4, 1978, 92 Stat. 453; Pub. L. 97–295, §4(8), Oct. 12, 1982, 96 Stat. 1305, related to veterans cost-of-instruction payments to institutions of higher learning.

Amendments

2017Pub. L. 115–41, title I, §101(c), June 23, 2017, 131 Stat. 865, added item 323.

2008Pub. L. 110–389, title II, §222(b), title VII, §703(b), Oct. 10, 2008, 122 Stat. 4156, 4184, added items 321 and 322.

2006Pub. L. 109–461, title VIII, §811(b), Dec. 22, 2006, 120 Stat. 3447, added item 312A.

2003Pub. L. 108–136, div. A, title V, §583(a)(2), Nov. 24, 2003, 117 Stat. 1491, added item 320.

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

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

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

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

1992Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984, substituted "Under Secretary for Health" for "Chief Medical Director" in item 305 and "Under Secretary for Benefits" for "Chief Benefits Director" in item 306.

1991Pub. L. 102–218, §1(b), Dec. 11, 1991, 105 Stat. 1672, added item 317.

§301. Department

(a) The Department of Veterans Affairs is an executive department of the United States.

(b) The purpose of the Department is to administer the laws providing benefits and other services to veterans and the dependents and the beneficiaries of veterans.

(c) The Department is composed of the following:

(1) The Office of the Secretary.

(2) The Veterans Health Administration.

(3) The Veterans Benefits Administration.

(4) The National Cemetery Administration.

(5) The Board of Veterans' Appeals.

(6) The Veterans' Canteen Service.

(7) The Board of Contract Appeals.

(8) Such other offices and agencies as are established or designated by law or by the President or the Secretary.

(9) Any office, agency, or activity under the control or supervision of any element named in paragraphs (1) through (8).

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 378; amended Pub. L. 105–368, title IV, §403(a)(2), Nov. 11, 1998, 112 Stat. 3338.)

Prior Provisions

Prior section 301 was renumbered section 1101 of this title.

Provisions similar to those in subsec. (a) of this section were contained in section 2 of Pub. L. 100–527, known as the Department of Veterans Affairs Act.

Provisions similar to those in subsec. (b) of this section were contained in section 201 of this title prior to repeal by Pub. L. 102–83, §2(a).

Amendments

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

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, listed in a table under section 3345 of Title 5, Government Organization and Employees.

Department of Veterans Affairs Personnel Transparency

Pub. L. 115–182, title V, §505, June 6, 2018, 132 Stat. 1477, provided that:

"(a) Publication of Staffing and Vacancies.—

"(1) Website required.—Subject to paragraph (2) and not later than 90 days after the date of the enactment of this Act [June 6, 2018], the Secretary of Veterans Affairs shall make publicly available on an Internet website of the Department of Veterans Affairs the following information, which shall, subject to subparagraph (D), be displayed by departmental component or, in the case of information relating to Veterans Health Administration positions, by medical facility:

"(A) The number of personnel encumbering positions.

"(B) The number of accessions and separation actions processed during the quarter preceding the date of the publication of the information.

"(C) The number of vacancies, by occupation.

"(D) The percentage of new hires for the Department who were hired within the time-to-hire target of the Office of Personnel Management, disaggregated by administration.

"(2) Exceptions.—The Secretary may withhold from publication under paragraph (1) information relating to law enforcement, information security, or such positions in the Department that the Secretary determines to be sensitive.

"(3) Update of information.—The Secretary shall update the information on the website required under paragraph (1) on a quarterly basis.

"(4) Treatment of contractor positions.—Any Department of Veterans Affairs position that is filled with a contractor may not be treated as a Department position for purposes of the information required to be published under paragraph (1).

"(5) Inspector general review.—On a semi-annual basis, the Inspector General of the Department shall review the administration of the website required under paragraph (1) and make recommendations relating to the improvement of such administration.

"(b) Report to Congress.—The Secretary of Veterans Affairs shall submit to Congress an annual report on the steps the Department is taking to achieve full staffing capacity. Each such report shall include the amount of additional funds necessary to enable the Department to reach full staffing capacity."

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, §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, §2, May 7, 1991, 105 Stat. 187, provided that:

"(a) Renaming.—The establishment in the Department of Veterans Affairs known as the Veterans Health Services and Research Administration is hereby redesignated as the Veterans Health Administration.

"(b) References.—Any reference to the Veterans Health Services and Research Administration (or to the Department of Medicine and Surgery of the Veterans' Administration) in any Federal law, Executive order, regulation, delegation of authority, or document of or pertaining to the Department of Veterans Affairs shall be deemed to refer to the Veterans Health Administration."

Department of Veterans Affairs Act

Pub. L. 100–527, §§1–12, 14, 16, 18, Oct. 25, 1988, 102 Stat. 2635–2642, 2644, 2645, 2648, as amended by Pub. L. 101–94, title IV, §401, Aug. 16, 1989, 103 Stat. 628; Pub. L. 101–576, title II, §205(c)(2), Nov. 15, 1990, 104 Stat. 2845; Pub. L. 102–83, §3, Aug. 6, 1991, 105 Stat. 402, provided that:

"SECTION 1. SHORT TITLE.

"This Act [see Tables for classification] may be cited as the 'Department of Veterans Affairs Act'.

"SEC. 2. ESTABLISHMENT OF VETERANS' ADMINISTRATION AS AN EXECUTIVE DEPARTMENT.

"The Veterans' Administration is hereby redesignated as the Department of Veterans Affairs and shall be an executive department in the executive branch of the Government.

"[SECS. 3 to 5. Repealed. Pub. L. 102–83, §3(3), Aug. 6, 1991, 105 Stat. 402.]

"SEC. 6. VETERANS HEALTH SERVICES AND RESEARCH ADMINISTRATION.

"The establishment within the Veterans' Administration known as the Department of Medicine and Surgery is hereby redesignated as the Veterans Health Services and Research Administration of the Department of Veterans Affairs.

"SEC. 7. VETERANS BENEFITS ADMINISTRATION.

"The establishment within the Veterans' Administration known as the Department of Veterans' Benefits is hereby redesignated as the Veterans Benefits Administration of the Department of Veterans Affairs.

"SEC. 8. OFFICE OF THE GENERAL COUNSEL.

"[(a) Repealed. Pub. L. 102–83, §3(3), Aug. 6, 1991, 105 Stat. 402.]

"(b) Continuation of Service of General Counsel.—The individual serving on the effective date of this Act [Mar. 15, 1989] as the General Counsel of the Veterans' Administration may act as the General Counsel of the Department of Veterans Affairs until a person is appointed under this Act to that office.

"SEC. 9. OFFICE OF THE INSPECTOR GENERAL.

"(a) Redesignation.—The Office of Inspector General of the Veterans' Administration, established in accordance with the Inspector General Act of 1978 [Pub. L. 95–452, set out in the Appendix to Title 5, Government Organization and Employees], is hereby redesignated as the Office of Inspector General of the Department of Veterans Affairs.

"[(b) Repealed. Pub. L. 102–83, §3(3), Aug. 6, 1991, 105 Stat. 402.]

"SEC. 10. REFERENCES.

"Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Veterans' Administration—

"(1) to the Administrator of Veterans' Affairs shall be deemed to refer to the Secretary of Veterans Affairs;

"(2) to the Veterans' Administration shall be deemed to refer to the Department of Veterans Affairs;

"(3) to the Deputy Administrator of Veterans' Affairs shall be deemed to refer to the Deputy Secretary of Veterans Affairs;

"(4) to the Chief Medical Director of the Veterans' Administration shall be deemed to refer to the Chief Medical Director [now Under Secretary for Health] of the Department of Veterans Affairs;

"(5) to the Department of Medicine and Surgery of the Veterans' Administration shall be deemed to refer to the Veterans Health Services and Research Administration of the Department of Veterans Affairs;

"(6) to the Chief Benefits Director of the Veterans' Administration shall be deemed to refer to the Chief Benefits Director [now Under Secretary for Benefits] of the Department of Veterans Affairs;

"(7) to the Department of Veterans' Benefits of the Veterans' Administration shall be deemed to refer to the Veterans Benefits Administration of the Department of Veterans Affairs;

"(8) to the Chief Memorial Affairs Director of the Veterans' Administration shall be deemed to refer to the Director of the National Cemetery System [now Under Secretary of Veterans Affairs for Memorial Affairs] of the Department of Veterans Affairs; and

"(9) to the Department of Memorial Affairs of the Veterans' Administration shall be deemed to refer to the National Cemetery System [now National Cemetery Administration] of the Department of Veterans Affairs.

"SEC. 11. SAVINGS PROVISIONS.

"(a) Continuing Effect of Legal Documents.—All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, and privileges—

"(1) which have been issued, made, granted, or allowed to become effective by the President, by the Administrator of Veterans' Affairs, or by a court of competent jurisdiction, in the performance of functions of the Administrator or the Veterans' Administration; and

"(2) which are in effect on the effective date of this Act [Mar. 15, 1989];

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, or other authorized official, by a court of competent jurisdiction, or by operation of law.

"(b) Proceedings Not Affected.—The provisions of this Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending before the Veterans' Administration at the time this Act takes effect, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.

"(c) Suits Not Affected.—The provisions of this Act shall not affect suits commenced before the effective date of this Act, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.

"(d) Nonabatement of Actions.—No suit, action, or other proceeding commenced by or against the Veterans' Administration, or by or against any individual in the official capacity of such individual as an officer of the Veterans' Administration, shall abate by reason of the enactment of this Act.

"(e) Property and Resources.—The contracts, liabilities, records, property, and other assets and interests of the Veterans' Administration shall, after the effective date of this Act, be considered to be the contracts, liabilities, records, property, and other assets and interests of the Department of Veterans Affairs.

"(f) Compensation for Continued Service.—Any person—

"(1) who acts as Secretary or Deputy Secretary of the Department of Veterans Affairs under section 3(e);

"(2) who continues to serve as Chief Medical Director [now Under Secretary for Health] or Chief Benefits Director [now Under Secretary for Benefits] of such department under section 3(f) or (g), respectively;

"(3) who acts as the Director of the National Cemetery System [now Under Secretary of Veterans Affairs for Memorial Affairs] under section 3(h); or

"(4) who acts as General Counsel of the Department of Veterans Affairs under section 8(b);

after the effective date of this Act and before the first appointment of a person to such position after such date shall continue to be compensated for so serving or acting at the rate at which such person was compensated before the effective date of this Act.

"[SEC. 12. Repealed. Pub. L. 102–83, §3(3), Aug. 6, 1991, 105 Stat. 402.]

"SEC. 14. ADDITIONAL CONFORMING AMENDMENTS.

"After consultation with the appropriate committees of the Congress, the Secretary of Veterans Affairs shall prepare and submit to the Congress proposed legislation containing technical and conforming amendments to title 38, United States Code, and to other provisions of law, which reflect the changes made by this Act. Such legislation shall be submitted not later than 6 months after the date of enactment of this Act [Oct. 25, 1988].

"[SEC. 16. Repealed. Pub. L. 102–83, §3(3), Aug. 6, 1991, 105 Stat. 402.]

"SEC. 18. EFFECTIVE DATE.

"(a) In General.—Except as provided in subsection (b), this Act shall take effect on March 15, 1989.

"(b) Appointment of Secretary.—Notwithstanding any other provision of law or of this Act, the President may, any time after January 21, 1989, appoint an individual to serve as Secretary of the Department of Veterans Affairs."

Ex. Ord. No. 13793. Improving Accountability and Whistleblower Protection at the Department of Veterans Affairs

Ex. Ord. No. 13793, Apr. 27, 2017, 82 F.R. 20539, 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. Purpose. This order is intended to improve accountability and whistleblower protection at the Department of Veterans Affairs (VA) by directing the Secretary of Veterans Affairs (Secretary) to establish within the VA an Office of Accountability and Whistleblower Protection and to appoint a Special Assistant to serve as Executive Director of the Office.

Sec. 2. Establishing a VA Office of Accountability and Whistleblower Protection. (a) Within 45 days of the date of this order, and to the extent permitted by law, the Secretary shall establish in the VA the Office of Accountability and Whistleblower Protection (Office), and shall appoint a Special Assistant, reporting directly to the Secretary, to serve as Executive Director of the Office. The VA shall provide funding and administrative support for the Office, consistent with applicable law and subject to the availability of appropriations.

(b) To the extent permitted by law, the Office shall:

(i) advise and assist the Secretary in using, as appropriate, all available authorities to discipline or terminate any VA manager or employee who has violated the public's trust and failed to carry out his or her duties on behalf of veterans, and to recruit, reward, and retain high-performing employees;

(ii) identify statutory barriers to the Secretary's authority to discipline or terminate any employee who has jeopardized the health, safety, or well-being of a veteran, and to recruit, reward, and retain high-performing employees; and report such barriers to the Secretary for consideration as to the need for legislative changes;

(iii) work closely with relevant VA components to ensure swift and effective resolution of veterans' complaints of wrongdoing at the VA; and

(iv) work closely with relevant VA components to ensure adequate investigation and correction of wrongdoing throughout the VA, and to protect employees who lawfully disclose wrongdoing from retaliation.

(c) In establishing the Office, the Secretary shall consider, in addition to any other relevant factors:

(i) whether some or all of the functions of the Office are currently performed by an existing VA office, component, or program;

(ii) whether certain administrative capabilities necessary for operating the Office are redundant with those of another VA office, component, or program; and

(iii) whether combining the Office with another VA office, component, or program may improve the VA's efficiency, effectiveness, or accountability.

Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Donald J. Trump.      

§302. Seal

(a) The Secretary of Veterans Affairs shall cause a seal of office to be made for the Department of such device as the President shall approve. Judicial notice shall be taken of the seal.

(b) Copies of any public document, record, or paper belonging to or in the files of the Department, when authenticated by the seal and certified by the Secretary (or by an officer or employee of the Department to whom authority has been delegated in writing by the Secretary), shall be evidence equal with the original thereof.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 379.)

Prior Provisions

Prior section 302 was renumbered section 1102 of this title.

Provisions similar to those in this section were contained in section 202 of this title prior to repeal by Pub. L. 102–83, §2(a).

§303. Secretary of Veterans Affairs

There is a Secretary of Veterans Affairs, who is the head of the Department and is appointed by the President, by and with the advice and consent of the Senate. The Secretary is responsible for the proper execution and administration of all laws administered by the Department and for the control, direction, and management of the Department.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 379.)

Prior Provisions

Provisions similar to those in this section were contained in section 210(a), (b)(1) of this title and in second and third sentences of section 2 of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, §§2(a), 3(1).

Plans for Use of Supplemental Appropriations Required

Pub. L. 115–182, title I, §141, June 6, 2018, 132 Stat. 1429, as amended by Pub. L. 115–251, title II, §211(b)(3), Sept. 29, 2018, 132 Stat. 3176, provided that: "Whenever the Secretary of Veterans Affairs submits to Congress a request for supplemental appropriations or any other appropriation outside the standard budget process to address a budgetary issue affecting the Department of Veterans Affairs, the Secretary shall, not later than 45 days before the date on which such budgetary issue would start affecting a program or service, submit to Congress a justification for the request, including a plan that details how the Secretary intends to use the requested appropriation and how long the requested appropriation is expected to meet the needs of the Department and certification that the request was made using an updated and sound actuarial analysis."

Inclusion in Annual Budget Submission of Information on Capacity of Veterans Benefits Administration To Process Benefits Claims

Pub. L. 114–315, title I, §106, Dec. 16, 2016, 130 Stat. 1542, provided that:

"(a) In General.—Along with the supporting information included in the budget submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code, the President shall include information on the capacity of the Veterans Benefits Administration to process claims for benefits under the laws administered by the Secretary of Veterans Affairs, including information described in subsection (b), during the fiscal year covered by the budget with which the information is submitted.

"(b) Information Described.—The information described in this subsection is the following:

"(1) An estimate of the average number of claims for benefits under the laws administered by the Secretary, excluding such claims completed during mandatory overtime, that a single full-time equivalent employee of the Administration should be able to process in a year, based on the following:

"(A) A time and motion study that the Secretary shall conduct on the processing of such claims.

"(B) Such other information relating to such claims as the Secretary considers appropriate.

"(2) A description of the actions the Secretary will take to improve the processing of such claims.

"(3) An assessment of the actions identified by the Secretary under paragraph (2) in the previous year and an identification of the effects of those actions.

"(c) Effective Date.—This section shall apply with respect to any budget submitted as described in subsection (a) with respect to any fiscal year after fiscal year 2018."

Information To Be Included in Budget Justification Documents for Construction, Major Projects Account

Pub. L. 114–223, div. A, title II, §258, Sept. 29, 2016, 130 Stat. 895, provided that:

"(a) In fiscal year 2017 and each fiscal year hereafter, beginning with the fiscal year 2018 budget request submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the budget justification documents submitted for the 'Construction, Major Projects' account of the Department of Veterans Affairs shall include, at a minimum, the information required under subsection (b).

"(b) The budget justification documents submitted pursuant to subsection (a) shall include, for each project—

"(1) the estimated total cost of the project;

"(2) the funding provided for each fiscal year prior to the budget year;

"(3) the amount requested for the budget year;

"(4) the estimated funding required for the project for each of the 4 fiscal years succeeding the budget year; and

"(5) such additional information as is enumerated under the heading relating to the 'Construction, Major Projects' account of the Department of Veterans Affairs in the joint explanatory statement accompanying this Act.

"(c) Not later than 45 days after the date of enactment of this Act [Sept. 29, 2016], the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a proposed budget justification template that complies with the requirements of this section."

[For definition of "joint explanatory statement accompanying this Act" as used in section 258 of div. A of Pub. L. 114–223, set out above, see section 6 of Pub. L. 114–223, Sept. 29, 2016, 130 Stat. 858.]

Notice to Congressional Veterans Committees of Certain Transfers of Funds

Pub. L. 109–461, title X, §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, §103, Nov. 11, 1998, 112 Stat. 3322, provided that:

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

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

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

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

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

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

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

Specification in Budget Submissions of Funds for Certain Veterans Benefits

Pub. L. 100–687, div. B, title XIV, §1404, Nov. 18, 1988, 102 Stat. 4131, as amended by Pub. L. 102–83, §§5(c)(2), 6(k)(3), Aug. 6, 1991, 105 Stat. 406, 409, provided that:

"(a) Budget Information.—In the documentation providing detailed information on the budgets for the Department of Veterans Affairs and the Department of Labor that the Secretary of Veterans Affairs and the Secretary of Labor, respectively, submit to the Congress in conjunction with the President's budget submission for each fiscal year pursuant to section 1105 of title 31, United States Code, the Secretary of Veterans Affairs and the Secretary of Labor shall identify, to the maximum extent feasible, the estimated amount in each of the appropriation requests for Department of Veterans Affairs accounts and Department of Labor accounts, respectively, that is to be obligated for the furnishing of each of the following services or benefits only to, or with respect to, veterans who performed active military, naval, or air service in combat with the enemy or in a theatre of combat operations during a period of war or other hostilities:

"(1) Employment services and other employment benefits under programs administered by the Secretary of Labor.

"(2) Compensation under chapter 11 of title 38, United States Code.

"(3) Dependency and Indemnity Compensation under chapter 13 of such title.

"(4) Pension under chapter 15 of such title.

"(5) Inpatient hospital care under chapter 17 of such title.

"(6) Outpatient medical care under chapter 17 of such title.

"(7) Nursing home care under chapter 17 of such title.

"(8) Domiciliary care under chapter 17 of such title.

"(9) Readjustment counseling services under section 1712A of such title.

"(10) Insurance under chapter 19 of such title.

"(11) Specially adapted housing for disabled veterans under chapter 21 of such title.

"(12) Burial benefits under chapter 23 of such title.

"(13) Educational assistance under chapters 30, 32, and 34 of such title and chapter 106 of title 10, United States Code.

"(14) Vocational rehabilitation services under chapter 31 of title 38, United States Code.

"(15) Survivors' and dependents' educational assistance under chapter 35 of such title.

"(16) Home loan benefits under chapter 37 of such title.

"(17) Automobiles and adaptive equipment under chapter 39 of such title.

"(b) Report on Feasibility.—If the Secretary of Veterans Affairs or the Secretary of Labor determines that, with respect to any services or benefits referred to in subsection (a), it is not feasible to identify an estimated dollar amount to be obligated for furnishing such services or benefits only to veterans described in that subsection for any fiscal year, the Secretary of Veterans Affairs and the Secretary of Labor shall, with respect to an appropriation request for such fiscal year relating to such services or benefits, report to the Committees on Veterans' Affairs of the Senate and the House of Representatives the reasons for the infeasibility. The report shall be submitted contemporaneously with the budget submission for such fiscal year. The report shall specify (1) the information, systems, equipment, or personnel that would be required in order for it to be feasible for the Secretary of Veterans Affairs or the Secretary of Labor to identify such amount, and (2) the actions to be taken in order to ensure that it will be feasible to make such an estimate in connection with the submission of the budget request for the next fiscal year."

Information and Training Concerning AIDS Prevention

Pub. L. 100–322, title I, §123, May 20, 1988, 102 Stat. 504, as amended by Pub. L. 102–83, §6(j)(2), Aug. 6, 1991, 105 Stat. 409; Pub. L. 102–531, title III, §312(c), Oct. 27, 1992, 106 Stat. 3504, provided that:

"(a) Information Program.—The Secretary of Veterans Affairs shall establish and carry out an information program relating to the acquired immune deficiency syndrome (hereinafter in this section referred to as 'AIDS'). The information program shall be for employees and consultants of the Department of Veterans Affairs, for other persons providing services in Department of Veterans Affairs facilities to beneficiaries of programs administered by the Department of Veterans Affairs, and for such beneficiaries.

"(b) Required Elements of Information Program.—In conducting the program under subsection (a), the Secretary shall—

"(1) develop, in consultation with the Surgeon General of the United States and the Director of the Centers for Disease Control and Prevention, publications and other materials containing information on AIDS, including information on the prevention of infection with the human immunodeficiency virus;

"(2) provide for periodic dissemination of publications (including the Surgeon General's Report on AIDS) and other materials containing such information;

"(3) make publications and other suitable materials containing such information readily available in Department of Veterans Affairs health-care facilities and such other Department of Veterans Affairs facilities as the Secretary considers appropriate; and

"(4) disseminate information (including the Surgeon General's Report on AIDS) on the risk of transmission of the human immunodeficiency virus, and information on preventing the transmission of such virus, to Department of Veterans Affairs substance abuse treatment personnel, to each person being furnished treatment by the Department of Veterans Affairs for drug abuse, and to each person receiving care or services from the Department of Veterans Affairs whom the Secretary believes to be at high risk for AIDS.

"(c) Training in AIDS Prevention.—The Secretary shall establish and carry out a program that provides for education, training, and other activities (including continuing education and infection control programs) regarding AIDS and the human immunodeficiency virus designed to improve the effectiveness and safety of all health-care personnel and all health-care support personnel involved in the furnishing of care under programs administered by the Department of Veterans Affairs."

Emergency Preparedness Functions

For assignment of certain emergency preparedness functions to Secretary of Veterans Affairs, see Parts 1, 2, and 27 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare.

§304. Deputy Secretary of Veterans Affairs

There is in the Department a Deputy Secretary of Veterans Affairs, who is appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall perform such functions as the Secretary shall prescribe. Unless the President designates another officer of the Government, the Deputy Secretary shall be Acting Secretary of Veterans Affairs during the absence or disability of the Secretary or in the event of a vacancy in the office of Secretary.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 379.)

Prior Provisions

Provisions similar to those in this section were contained in section 210(d) of this title and in section 3(a) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, §§2(a), 3(3).

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, listed in a table under section 3345 of Title 5, Government Organization and Employees.

§305. Under Secretary for Health

(a)(1) There is in the Department an Under Secretary for Health, who is appointed by the President, by and with the advice and consent of the Senate.

(2) The Under Secretary for Health shall be 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.

(Added and amended Pub. L. 102–83, §§2(a), 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 379, 404; Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, §1201(c)(1), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685; Pub. L. 108–422, title V, §503, Nov. 30, 2004, 118 Stat. 2396; Pub. L. 109–461, title II, §210(a), Dec. 22, 2006, 120 Stat. 3418.)

Prior Provisions

Provisions similar to those in this section were contained in section 3(b) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, §3(3).

Amendments

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, §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, §503(2), substituted "or in health-care" for "and in health-care".

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

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

1992—Pub. L. 102–405 substituted "Under Secretary for Health" for "Chief Medical Director" wherever appearing.

1991—Subsec. (d)(2)(F). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Change of Name

Pub. L. 102–405, title III, §302(a), Oct. 9, 1992, 106 Stat. 1984, 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."

Pub. L. 102–405, title III, §302(e), Oct. 9, 1992, 106 Stat. 1985, provided that: "Any reference in any Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Department of Veterans Affairs—

"(1) to the Chief Medical Director of the Department of Veterans Affairs shall be deemed to refer to the Under Secretary for Health of the Department of Veterans Affairs; and

"(2) to the Chief Benefits Director of the Department of Veterans Affairs shall be deemed to refer to the Under Secretary for Benefits of the Department of Veterans Affairs."

§306. Under Secretary for Benefits

(a) There is in the Department an Under Secretary for Benefits, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary for Benefits shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in—

(1) fiscal management; and

(2) the administration of programs within the Veterans Benefits Administration or programs of similar content and scope.


(b) The Under Secretary for Benefits is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Benefits Administration.

(c)(1) Whenever a vacancy in the position of Under Secretary for Benefits occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position.

(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary:

(A) Three persons representing education and training, real estate, mortgage finance, and related industries, and survivor benefits activities affected by the Veterans Benefits Administration.

(B) Two persons representing veterans served by the Veterans Benefits Administration.

(C) Two persons who have experience in the management of veterans benefits programs or programs of similar content and scope.

(D) The Deputy Secretary of Veterans Affairs.

(E) The chairman of the Veterans' Advisory Committee on Education formed under section 3692 of this title.

(F) One person who has held the position of Under Secretary for Benefits (including service as Chief Benefits Director of the Veterans' Administration), if the Secretary determines that it is desirable for such person to be a member of the commission.


(3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Benefits. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment.

(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.

(Added and amended Pub. L. 102–83, §§2(a), 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 380, 404; Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, §1201(c)(2), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685; Pub. L. 109–461, title II, §210(b), Dec. 22, 2006, 120 Stat. 3418.)

Prior Provisions

Provisions similar to those in this section were contained in section 3(c) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, §3(3).

Amendments

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, §1201(c)(2)(A), substituted "an Under Secretary" for "a Under Secretary".

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

1992—Pub. L. 102–405 substituted "Under Secretary for Benefits" for "Chief Benefits Director" wherever appearing.

1991—Subsec. (d)(2)(F). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Change of Name

Pub. L. 102–405, title III, §302(b), Oct. 9, 1992, 106 Stat. 1984, provided that: "The position of Chief Benefits Director of the Department of Veterans Affairs is hereby redesignated as Under Secretary for Benefits of the Department of Veterans Affairs."

§307. Under Secretary for Memorial Affairs

There is in the Department an Under Secretary for Memorial Affairs, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary is the head of the National Cemetery Administration as established in section 2400 of this title and shall perform such functions as may be assigned by the Secretary.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 381; amended Pub. L. 105–368, title IV, §403(a)(3), (c)(1)(A), Nov. 11, 1998, 112 Stat. 3338.)

Prior Provisions

Provisions similar to those in this section were contained in section 3(d) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, §3(3).

Amendments

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

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

§308. Assistant Secretaries; Deputy Assistant Secretaries

(a)(1) There shall be in the Department not more than seven Assistant Secretaries.

(2) Except as provided in paragraph (3), each Assistant Secretary appointed under paragraph (1) shall be appointed by the President, by and with the advice and consent of the Senate.

(3) The following Assistant Secretaries may be appointed without the advice and consent of the Senate:

(A) The Assistant Secretary for Management.

(B) The Assistant Secretary for Human Resources and Administration.

(C) The Assistant Secretary for Public and Intergovernmental Affairs.

(D) The Assistant Secretary for Operations, Security, and Preparedness.


(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.

(12) The functions set forth in section 323(c) of this title.


(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.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 381; amended Pub. L. 107–287, §5(a)–(c), Nov. 7, 2002, 116 Stat. 2030; Pub. L. 112–166, §2(m), Aug. 10, 2012, 126 Stat. 1287; Pub. L. 115–41, title I, §101(b), June 23, 2017, 131 Stat. 865.)

Prior Provisions

Provisions similar to those in this section were contained in sections 4(a), (b), (e) and 5 of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, §3(3).

Amendments

2017—Subsec. (b)(12). Pub. L. 115–41 added par. (12).

2012—Subsec. (a). Pub. L. 112–166 designated existing provisions as par. (1), struck out at end of par. (1) "Each Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate.", and added pars. (2) and (3).

2002—Subsec. (a). Pub. L. 107–287, §5(a), substituted "seven" for "six" in first sentence.

Subsec. (b)(11). Pub. L. 107–287, §5(b), added par. (11).

Subsec. (d)(1). Pub. L. 107–287, §5(c), substituted "19" for "18".

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

§309. Chief Financial Officer

The Secretary shall designate the Assistant Secretary whose functions include budgetary and financial functions as the Chief Financial Officer of the Department. The Chief Financial Officer shall advise the Secretary on financial management of the Department and shall exercise the authority and carry out the functions specified in section 902 of title 31.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 382.)

Prior Provisions

Provisions similar to those in this section were contained in section 4(c) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, §3(3).

§310. Chief Information Officer

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

(b) The Chief Information Officer performs the duties provided for chief information officers of executive agencies under chapter 35 of title 44 and subtitle III of title 40.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 382; amended Pub. L. 104–106, div. E, title LVI, §5604, Feb. 10, 1996, 110 Stat. 700;