-CITE-
    38 USC CHAPTER 1 - GENERAL                                  01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART I - GENERAL PROVISIONS
    CHAPTER 1 - GENERAL

-HEAD-
                            CHAPTER 1 - GENERAL                        

-MISC1-
    Sec.                                                     
    101.        Definitions.                                          
    102.        Dependent parents.                                    
    103.        Special provisions relating to marriages.             
    104.        Approval of educational institutions.                 
    105.        Line of duty and misconduct.                          
    106.        Certain service deemed to be active service.          
    107.        Certain service deemed not to be active service.      
    108.        Seven-year absence presumption of death.              
    109.        Benefits for discharged members of allied forces.     
    110.        Preservation of disability ratings.                   
    111.        Payments or allowances for beneficiary travel.        
    112.        Presidential memorial certificate program.            
    113.        Treatment of certain programs under sequestration
                 procedures.                                          
    114.        Multiyear procurement.                                
    115.        Acquisition of real property.                         
    116.        Reports to Congress: cost information.                

                                AMENDMENTS                            
      2000 - Pub. L. 106-419, title IV, Sec. 403(d)(1)(B), Nov. 1,
    2000, 114 Stat. 1864, added item 116.
      1991 - Pub. L. 102-86, title IV, Sec. 402(b), Aug. 14, 1991, 105
    Stat. 422, added item 115.
      1989 - Pub. L. 101-237, title VI, Sec. 601(b)(2), Dec. 18, 1989,
    103 Stat. 2094, struck out "for certain medical items" after
    "Multiyear procurement" in item 114.
      1988 - Pub. L. 100-322, title I, Sec. 108(e)(2), title IV, Sec.
    404(b), May 20, 1988, 102 Stat. 498, 547, substituted "Payments or
    allowances for beneficiary travel" for "Travel expenses" in item
    111 and added item 114.
      1986 - Pub. L. 99-576, title VI, Sec. 601(a)(2), title VII, Sec.
    701(1)(B), Oct. 28, 1986, 100 Stat. 3289, 3290, struck out ";
    husbands" after "parents" in item 102 and added item 113.
      1972 - Pub. L. 92-540, title IV, Sec. 409, Oct. 24, 1972, 86
    Stat. 1092, substituted "Dependent parents; husbands" for
    "Dependent parents and dependent husbands" in item 102.
      1965 - Pub. L. 89-88, Sec. 1(b), July 24, 1965, 79 Stat. 264,
    added item 112.
      1964 - Pub. L. 88-445, Sec. 1(c), Aug. 19, 1964, 78 Stat. 464,
    substituted "Preservation of disability ratings" for "Preservation
    of total disability ratings" in item 110.

-End-

-CITE-
    38 USC Sec. 101                                             01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART I - GENERAL PROVISIONS
    CHAPTER 1 - GENERAL

-HEAD-
    Sec. 101. Definitions

-STATUTE-
      For the purposes of this title - 
      (1) The terms "Secretary" and "Department" mean the Secretary of
    Veterans Affairs and the Department of Veterans Affairs,
    respectively.
      (2) The term "veteran" means a person who served in the active
    military, naval, or air service, and who was discharged or released
    therefrom under conditions other than dishonorable.
      (3) The term "surviving spouse" means (except for purposes of
    chapter 19 of this title) a person of the opposite sex who was the
    spouse of a veteran at the time of the veteran's death, and who
    lived with the veteran continuously from the date of marriage to
    the date of the veteran's death (except where there was a
    separation which was due to the misconduct of, or procured by, the
    veteran without the fault of the spouse) and who has not remarried
    or (in cases not involving remarriage) has not since the death of
    the veteran, and after September 19, 1962, lived with another
    person and held himself or herself out openly to the public to be
    the spouse of such other person.
      (4)(A) The term "child" means (except for purposes of chapter 19
    of this title (other than with respect to a child who is an
    insurable dependent under section 1965(10)(B) of such chapter) and
    section 8502(b) of this title) a person who is unmarried and - 
        (i) who is under the age of eighteen years;
        (ii) who, before attaining the age of eighteen years, became
      permanently incapable of self-support; or
        (iii) who, after attaining the age of eighteen years and until
      completion of education or training (but not after attaining the
      age of twenty-three years), is pursuing a course of instruction
      at an approved educational institution;

    and who is a legitimate child, a legally adopted child, a stepchild
    who is a member of a veteran's household or was a member at the
    time of the veteran's death, or an illegitimate child but, as to
    the alleged father, only if acknowledged in writing signed by him,
    or if he has been judicially ordered to contribute to the child's
    support or has been, before his death, judicially decreed to be the
    father of such child, or if he is otherwise shown by evidence
    satisfactory to the Secretary to be the father of such child. A
    person shall be deemed, as of the date of death of a veteran, to be
    the legally adopted child of such veteran if such person was at the
    time of the veteran's death living in the veteran's household and
    was legally adopted by the veteran's surviving spouse before August
    26, 1961, or within two years after the veteran's death; however,
    this sentence shall not apply if at the time of the veteran's
    death, such person was receiving regular contributions toward the
    person's support from some individual other than the veteran or the
    veteran's spouse, or from any public or private welfare
    organization which furnishes services or assistance for children. A
    person with respect to whom an interlocutory decree of adoption has
    been issued by an appropriate adoption authority shall be
    recognized thereafter as a legally adopted child, unless and until
    that decree is rescinded, if the child remains in the custody of
    the adopting parent or parents during the interlocutory period. A
    person who has been placed for adoption under an agreement entered
    into by the adopting parent or parents with any agency authorized
    under law to so act shall be recognized thereafter as a legally
    adopted child, unless and until such agreement is terminated, if
    the child remains in the custody of the adopting parent or parents
    during the period of placement for adoption under such agreement. A
    person described in clause (ii) of the first sentence of this
    subparagraph who was a member of a veteran's household at the time
    the person became 18 years of age and who is adopted by the veteran
    shall be recognized as a legally adopted child of the veteran
    regardless of the age of such person at the time of adoption.
      (B) For the purposes of subparagraph (A) of this paragraph, in
    the case of an adoption under the laws of any jurisdiction other
    than a State (as defined in section 101(20) of this title and
    including the Commonwealth of the Northern Mariana Islands) - 
        (i) a person residing outside any of the States shall not be
      considered to be a legally adopted child of a veteran during the
      lifetime of such veteran (including for purposes of this
      subparagraph a Commonwealth Army veteran or new Philippine Scout,
      as defined in section 3566 of this title) unless such person - 
          (I) was less than eighteen years of age at the time of
        adoption;
          (II) is receiving one-half or more of such person's annual
        support from such veteran;
          (III) is not in the custody of such person's natural parent,
        unless such natural parent is such veteran's spouse; and
          (IV) is residing with such veteran (or in the case of divorce
        following adoption, with the divorced spouse who is also an
        adoptive or natural parent) except for periods during which
        such person is residing apart from such veteran (or such
        divorced spouse) for purposes of full-time attendance at an
        educational institution or during which such person or such
        veteran (or such divorced spouse) is confined in a hospital,
        nursing home, other health-care facility, or other institution;
        and

        (ii) a person shall not be considered to have been a legally
      adopted child of a veteran as of the date of such veteran's death
      and thereafter unless - 
          (I) at any time within the one-year period immediately
        preceding such veteran's death, such veteran was entitled to
        and was receiving a dependent's allowance or similar monetary
        benefit under this title for such person; or
          (II) for a period of at least one year prior to such
        veteran's death, such person met the requirements of clause (i)
        of this subparagraph.

      (5) The term "parent" means (except for purposes of chapter 19 of
    this title) a father, a mother, a father through adoption, a mother
    through adoption, or an individual who for a period of not less
    than one year stood in the relationship of a parent to a veteran at
    any time before the veteran's entry into active military, naval, or
    air service or if two persons stood in the relationship of a father
    or a mother for one year or more, the person who last stood in the
    relationship of father or mother before the veteran's last entry
    into active military, naval, or air service.
      (6) The term "Spanish-American War" (A) means the period
    beginning on April 21, 1898, and ending on July 4, 1902, (B)
    includes the Philippine Insurrection and the Boxer Rebellion, and
    (C) in the case of a veteran who served with the United States
    military forces engaged in hostilities in the Moro Province, means
    the period beginning on April 21, 1898, and ending on July 15,
    1903.
      (7) The term "World War I" (A) means the period beginning on
    April 6, 1917, and ending on November 11, 1918, and (B) in the case
    of a veteran who served with the United States military forces in
    Russia, means the period beginning on April 6, 1917, and ending on
    April 1, 1920.
      (8) The term "World War II" means (except for purposes of
    chapters 31 and 37 of this title) the period beginning on December
    7, 1941, and ending on December 31, 1946.
      (9) The term "Korean conflict" means the period beginning on June
    27, 1950, and ending on January 31, 1955.
      (10) The term "Armed Forces" means the United States Army, Navy,
    Marine Corps, Air Force, and Coast Guard, including the reserve
    components thereof.
      (11) The term "period of war" means the Spanish-American War, the
    Mexican border period, World War I, World War II, the Korean
    conflict, the Vietnam era, the Persian Gulf War, and the period
    beginning on the date of any future declaration of war by the
    Congress and ending on the date prescribed by Presidential
    proclamation or concurrent resolution of the Congress.
      (12) The term "veteran of any war" means any veteran who served
    in the active military, naval, or air service during a period of
    war.
      (13) The term "compensation" means a monthly payment made by the
    Secretary to a veteran because of service-connected disability, or
    to a surviving spouse, child, or parent of a veteran because of the
    service-connected death of the veteran occurring before January 1,
    1957.
      (14) The term "dependency and indemnity compensation" means a
    monthly payment made by the Secretary to a surviving spouse, child,
    or parent (A) because of a service-connected death occurring after
    December 31, 1956, or (B) pursuant to the election of a surviving
    spouse, child, or parent, in the case of such a death occurring
    before January 1, 1957.
      (15) The term "pension" means a monthly or other periodic payment
    made by the Secretary to a veteran because of service, age, or non-
    service-connected disability, or to a surviving spouse or child of
    a veteran because of the non-service-connected death of the
    veteran.
      (16) The term "service-connected" means, with respect to
    disability or death, that such disability was incurred or
    aggravated, or that the death resulted from a disability incurred
    or aggravated, in line of duty in the active military, naval, or
    air service.
      (17) The term "non-service-connected" means, with respect to
    disability or death, that such disability was not incurred or
    aggravated, or that the death did not result from a disability
    incurred or aggravated, in line of duty in the active military,
    naval, or air service.
      (18) The term "discharge or release" includes (A) retirement from
    the active military, naval, or air service, and (B) the
    satisfactory completion of the period of active military, naval, or
    air service for which a person was obligated at the time of entry
    into such service in the case of a person who, due to enlistment or
    reenlistment, was not awarded a discharge or release from such
    period of service at the time of such completion thereof and who,
    at such time, would otherwise have been eligible for the award of a
    discharge or release under conditions other than dishonorable.
      (19) The term "State home" means a home established by a State
    (other than a possession) for veterans disabled by age, disease, or
    otherwise who by reason of such disability are incapable of earning
    a living. Such term also includes such a home which furnishes
    nursing home care for veterans.
      (20) The term "State" means each of the several States,
    Territories, and possessions of the United States, the District of
    Columbia, and the Commonwealth of Puerto Rico. For the purpose of
    section 2303 and chapters 34 and 35 of this title, such term also
    includes the Canal Zone.
      (21) The term "active duty" means - 
        (A) full-time duty in the Armed Forces, other than active duty
      for training;
        (B) full-time duty (other than for training purposes) as a
      commissioned officer of the Regular or Reserve Corps of the
      Public Health Service (i) on or after July 29, 1945, or (ii)
      before that date under circumstances affording entitlement to
      "full military benefits" or (iii) at any time, for the purposes
      of chapter 13 of this title;
        (C) full-time duty as a commissioned officer of the National
      Oceanic and Atmospheric Administration or its predecessor
      organization the Coast and Geodetic Survey (i) on or after July
      29, 1945, or (ii) before that date (I) while on transfer to one
      of the Armed Forces, or (II) while, in time of war or national
      emergency declared by the President, assigned to duty on a
      project for one of the Armed Forces in an area determined by the
      Secretary of Defense to be of immediate military hazard, or (III)
      in the Philippine Islands on December 7, 1941, and continuously
      in such islands thereafter, or (iii) at any time, for the
      purposes of chapter 13 of this title;
        (D) service as a cadet at the United States Military, Air
      Force, or Coast Guard Academy, or as a midshipman at the United
      States Naval Academy; and
        (E) authorized travel to or from such duty or service.

      (22) The term "active duty for training" means - 
        (A) full-time duty in the Armed Forces performed by Reserves
      for training purposes;
        (B) full-time duty for training purposes performed as a
      commissioned officer of the Reserve Corps of the Public Health
      Service (i) on or after July 29, 1945, or (ii) before that date
      under circumstances affording entitlement to "full military
      benefits", or (iii) at any time, for the purposes of chapter 13
      of this title;
        (C) in the case of members of the Army National Guard or Air
      National Guard of any State, full-time duty under section 316,
      502, 503, 504, or 505 of title 32, or the prior corresponding
      provisions of law;
        (D) duty performed by a member of a Senior Reserve Officers'
      Training Corps program when ordered to such duty for the purpose
      of training or a practice cruise under chapter 103 of title 10
      for a period of not less than four weeks and which must be
      completed by the member before the member is commissioned; and
        (E) authorized travel to or from such duty.

    The term does not include duty performed as a temporary member of
    the Coast Guard Reserve.
      (23) The term "inactive duty training" means - 
        (A) duty (other than full-time duty) prescribed for Reserves
      (including commissioned officers of the Reserve Corps of the
      Public Health Service) by the Secretary concerned under section
      206 of title 37 or any other provision of law;
        (B) special additional duties authorized for Reserves
      (including commissioned officers of the Reserve Corps of the
      Public Health Service) by an authority designated by the
      Secretary concerned and performed by them on a voluntary basis in
      connection with the prescribed training or maintenance activities
      of the units to which they are assigned; and
        (C) training (other than active duty for training) by a member
      of, or applicant for membership (as defined in section 8140(g) of
      title 5) in, the Senior Reserve Officers' Training Corps
      prescribed under chapter 103 of title 10.

    In the case of a member of the Army National Guard or Air National
    Guard of any State, such term means duty (other than full-time
    duty) under sections 316, 502, 503, 504, or 505 of title 32, or the
    prior corresponding provisions of law. Such term does not include
    (i) work or study performed in connection with correspondence
    courses, (ii) attendance at an educational institution in an
    inactive status, or (iii) duty performed as a temporary member of
    the Coast Guard Reserve.
      (24) The term "active military, naval, or air service" includes -
    
        (A) active duty;
        (B) any period of active duty for training during which the
      individual concerned was disabled or died from a disease or
      injury incurred or aggravated in line of duty; and
        (C) any period of inactive duty training during which the
      individual concerned was disabled or died - 
          (i) from an injury incurred or aggravated in line of duty; or
          (ii) from an acute myocardial infarction, a cardiac arrest,
        or a cerebrovascular accident occurring during such training.

      (25) The term "Secretary concerned" means - 
        (A) the Secretary of the Army, with respect to matters
      concerning the Army;
        (B) the Secretary of the Navy, with respect to matters
      concerning the Navy or the Marine Corps;
        (C) the Secretary of the Air Force, with respect to matters
      concerning the Air Force;
        (D) the Secretary of Homeland Security, with respect to matters
      concerning the Coast Guard;
        (E) the Secretary of Health and Human Services, with respect to
      matters concerning the Public Health Service; and
        (F) the Secretary of Commerce, with respect to matters
      concerning the National Oceanic and Atmospheric Administration or
      its predecessor organization the Coast and Geodetic Survey.

      (26) The term "Reserve" means a member of a reserve component of
    one of the Armed Forces.
      (27) The term "reserve component" means, with respect to the
    Armed Forces - 
        (A) the Army Reserve;
        (B) the Navy Reserve;
        (C) the Marine Corps Reserve;
        (D) the Air Force Reserve;
        (E) the Coast Guard Reserve;
        (F) the Army National Guard of the United States; and
        (G) the Air National Guard of the United States.

      (28) The term "nursing home care" means the accommodation of
    convalescents or other persons who are not acutely ill and not in
    need of hospital care, but who require nursing care and related
    medical services, if such nursing care and medical services are
    prescribed by, or are performed under the general direction of,
    persons duly licensed to provide such care. Such term includes
    services furnished in skilled nursing care facilities, in
    intermediate care facilities, and in combined facilities. It does
    not include domiciliary care.
      (29) The term "Vietnam era" means the following:
        (A) The period beginning on February 28, 1961, and ending on
      May 7, 1975, in the case of a veteran who served in the Republic
      of Vietnam during that period.
        (B) The period beginning on August 5, 1964, and ending on May
      7, 1975, in all other cases.

      (30) The term "Mexican border period" means the period beginning
    on May 9, 1916, and ending on April 5, 1917, in the case of a
    veteran who during such period served in Mexico, on the borders
    thereof, or in the waters adjacent thereto.
      (31) The term "spouse" means a person of the opposite sex who is
    a wife or husband.
      (32) The term "former prisoner of war" means a person who, while
    serving in the active military, naval or air service, was forcibly
    detained or interned in line of duty - 
        (A) by an enemy government or its agents, or a hostile force,
      during a period of war; or
        (B) by a foreign government or its agents, or a hostile force,
      under circumstances which the Secretary finds to have been
      comparable to the circumstances under which persons have
      generally been forcibly detained or interned by enemy governments
      during periods of war.

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

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

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

-MISC1-
                                AMENDMENTS                            
      2006 - Par. (25)(D). Pub. L. 109-461, Sec. 1006(b), provided that
    as of the enactment of Pub. L. 109-461, the amendments made by Pub.
    L. 109-444 were deemed for all purposes not to have taken effect
    and that Pub. L. 109-444 ceased to be in effect. See Amendment
    notes below and section 1006(b) of Pub. L. 109-461, set out as a
    Coordination of Provisions With Pub. L. 109-444 note below.
      Pub. L. 109-461, Sec. 1004(b)(1), made technical amendment to
    directory language of Pub. L. 107-296, Sec. 1704(d). See 2002
    Amendment note below.
      Pub. L. 109-444, which made amendment identical to amendment by
    Pub. L. 109-461, Sec. 1004(b)(1), was terminated by Pub. L. 109-
    461, Sec. 1006(b). See Amendment notes above.
      Par. (27)(B). Pub. L. 109-163 substituted "Navy Reserve" for
    "Naval Reserve".
      2002 - Par. (25)(D). Pub. L. 107-296, Sec. 1704(d), as amended by
    Pub. L. 109-461, Sec. 1004(b)(1), substituted "of Homeland
    Security" for "of Transportation".
      2001 - Par. (4)(A). Pub. L. 107-14 inserted "(other than with
    respect to a child who is an insurable dependent under section
    1965(10)(B) of such chapter)" after "except for purposes of chapter
    19 of this title" in introductory provisions.
      2000 - Par. (24). Pub. L. 106-419 amended par. (24) generally.
    Prior to amendment, par. (24) read as follows: "The term 'active
    military, naval, or air service' includes active duty, any period
    of active duty for training during which the individual concerned
    was disabled or died from a disease or injury incurred or
    aggravated in line of duty, and any period of inactive duty
    training during which the individual concerned was disabled or died
    from an injury incurred or aggravated in line of duty."
      1996 - Par. (29). Pub. L. 104-275 amended par. (29) generally.
    Prior to amendment, par. (29) read as follows: "The term 'Vietnam
    era' means the period beginning August 5, 1964, and ending on May
    7, 1975."
      1994 - Par. (1). Pub. L. 103-446 amended par. (1) generally.
    Prior to amendment, par. (1) read as follows: "The terms
    'Secretary' and 'Administrator' mean the Secretary of Veterans
    Affairs, and the terms 'Department' and 'Department' mean the
    Department of Veterans Affairs."
      1991 - Par. (1). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
    "Department" for "Veterans' Administration".
      Par. (4)(A). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for "Administrator" in concluding provisions.
      Pub. L. 102-40 substituted "8502(b)" for "5202(b)" in
    introductory provisions.
      Par. (4)(B)(i). Pub. L. 102-83, Sec. 5(c)(1), substituted "3566"
    for "1766" in introductory provisions.
      Par. (11). Pub. L. 102-25, Sec. 332(1), inserted "the Persian
    Gulf War," after "the Vietnam era,".
      Pars. (13) to (15). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
    substituted "Secretary" for "Administrator".
      Par. (20). Pub. L. 102-83, Sec. 5(c)(1), substituted "2303" for
    "903".
      Par. (21)(C)(ii). Pub. L. 102-54 redesignated subcls. (a), (b),
    and (c) as (I), (II), and (III), respectively.
      Par. (32)(B). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for "Administrator".
      Par. (33). Pub. L. 102-25, Sec. 332(2), added par. (33).
      1989 - Par. (1). Pub. L. 101-237 amended par. (1) generally.
    Prior to amendment, par. (1) read as follows: "The term
    'Administrator' means the Administrator of Veterans' Affairs."
      1988 - Par. (22)(D). Pub. L. 100-456, Sec. 633(c)(1), substituted
    "training or a practice cruise under chapter 103 of title 10 for a
    period of not less than four weeks and which must be completed by
    the member before the member is commissioned" for "field training
    or a practice cruise under chapter 103 of title 10".
      Par. (23)(C). Pub. L. 100-456, Sec. 633(c)(2), added subpar. (C).
      Par. (28). Pub. L. 100-322, Sec. 103(a), substituted "who require
    nursing care" for "who require skilled nursing care" and "Such term
    includes services furnished in skilled nursing care facilities, in
    intermediate care facilities, and in combined facilities. It does
    not include domiciliary care." for "The term includes intensive
    care where the nursing service is under the supervision of a
    registered professional nurse."
      Par. (32)(B). Pub. L. 100-322, Sec. 311, struck out "during a
    period other than a period of war in which such person was held"
    before "under circumstances which".
      1986 - Pars. (22)(C), (23), (27)(F). Pub. L. 99-576, Sec.
    702(1)(A), inserted "Army" before "National Guard".
      Par. (31). Pub. L. 99-576, Sec. 702(1)(B), struck out "and the
    term 'surviving spouse' means a person of the opposite sex who is a
    widow or widower" after "husband".
      1984 - Par. (4)(A). Pub. L. 98-223 inserted provision that a
    person described in cl. (ii) of first sentence of subpar. (A) who
    was a member of a veteran's household at the time the person became
    18 years of age and who is adopted by the veteran be recognized as
    a legally adopted child of the veteran regardless of the age of
    such person at the time of the adoption.
      1982 - Par. (4)(A). Pub. L. 97-295, Sec. 4(2), substituted
    "before August 26, 1961, or within two years after the veteran's
    death" for "within two years after the veteran's death or the date
    of enactment of this sentence".
      Par. (22)(C). Pub. L. 97-306, Sec. 113(a)(1), struck out "and"
    after "of law;".
      Par. (22)(D), (E). Pub. L. 97-306, Sec. 113(a)(2), (3), added
    subpar. (D) and redesignated former subpar. (D) as (E).
      Par. (25)(E). Pub. L. 97-295, Sec. 4(95)(A), substituted "Health
    and Human Services" for "Health, Education, and Welfare".
      1981 - Par. (32). Pub. L. 97-37 added par. (32).
      1979 - Par. (4). Pub. L. 96-22 designated existing provisions as
    subpar. (A) and existing subpars. (A), (B), and (C) thereof as cls.
    (i), (ii), and (iii), respectively, and added subpar. (B).
      1978 - Par. (15). Pub. L. 95-588 inserted "or other periodic"
    after "monthly".
      1977 - Par. (18). Pub. L. 95-126 designated existing provisions
    as cl. (A) and added cl. (B).
      Par. (29). Pub. L. 95-202 substituted "May 7, 1975" for "such
    date as shall thereafter be determined by Presidential proclamation
    or concurrent resolution of the Congress."
      1976 - Par. (19). Pub. L. 94-417 struck out "of any war
    (including the Indian Wars)" before "disabled" and "of any war"
    after "care for veterans".
      1975 - Par. (3). Pub. L. 94-169, Sec. 101(1)(A), substituted
    "surviving spouse" for "widow", "person of the opposite sex" for
    "woman", "spouse" for "wife" wherever appearing, "the veteran's"
    for "his" wherever appearing, "with the veteran" for "with him",
    "person" for "man" wherever appearing and "himself or herself" for
    "herself".
      Par. (4). Pub. L. 94-169, Sec. 101(1)(B), substituted "regular
    contributions toward the person's support from some individual
    other than the veteran or the veteran's spouse" for "regular
    contribution toward his support from some individual other than the
    veteran or his spouse".
      Par. (5). Pub. L. 94-169, Sec. 101(1)(C), substituted "before the
    veteran's entry" for "before his entry".
      Pars. (13) to (15). Pub. L. 94-169, Sec. 101(1)(D)-(F),
    substituted "surviving spouse" for "widow" wherever appearing.
      Par. (31). Pub. L. 94-169, Sec. 101(1)(G), added par. (31).
      1972 - Par. (4). Pub. L. 92-540 inserted provision recognizing as
    a legally adopted child a person who has been placed for adoption
    under an agreement entered into by the adopting parent or parents
    with an agency authorized by law to so act.
      1971 - Par. (30). Pub. L. 92-198 struck out service requirement
    of 90 days or more.
      1970 - Par. (4). Pub. L. 91-262 inserted provision recognizing an
    adopted child of a veteran as a dependent from the date of issuance
    of an interlocutory decree.
      Par. (11). Pub. L. 91-588, Sec. 9(a), inserted reference to the
    Mexican border period.
      Par. (21)(C). Pub. L. 91-621, Sec. 6(a)(1), included within
    "active duty" duty as a commissioned officer of the National
    Oceanic and Atmospheric Administration or its predecessor
    organization.
      Par. (25)(F). Pub. L. 91-621, Sec. 6(a)(2), inserted "the
    National Oceanic and Atmospheric Administration or its predecessor
    organization" before "the Coast and Geodetic Survey".
      Par. (30). Pub. L. 91-588, Sec. 9(b), added par. (30).
      1969 - Par. (3). Pub. L. 91-24, Sec. 16, substituted "September
    16, 1962" for "enactment of the 1962 amendment to this paragraph".
      Par. (23)(A). Pub. L. 91-24, Sec. 1(a), substituted "section 206
    of title 37" for "section 301 of title 37".
      Par. (25)(D). Pub. L. 91-24, Sec. 1(b), substituted "Secretary of
    Transportation" for "Secretary of the Treasury".
      1967 - Par. (11). Pub. L. 90-77, Sec. 201(a), included Vietnam
    era within definition of "period of war" and substituted "the date"
    for "a date".
      Par. (29). Pub. L. 90-77, Sec. 201(b), added par. (29).
      1966 - Par. (20). Pub. L. 89-358 defined "State" to include the
    Canal Zone for the purpose of section 903 and chapters 34 and 35 of
    this title.
      1965 - Par. (4)(C). Pub. L. 89-311 substituted "twenty-three
    years" for "twenty-one years".
      1964 - Par. (19). Pub. L. 88-450, Sec. 4(c), included within
    "State home" a home which furnishes nursing home care for veterans
    of any war.
      Par. (28). Pub. L. 88-450, Sec. 4(d), added par. (28).
      1962 - Par. (3). Pub. L. 87-674 inserted requirement that a
    widow, in cases not involving remarriage, must not, since the death
    of the veteran and after the enactment of this amendment, have
    lived with another man and held herself out openly to the public to
    be the wife of such other man, and struck out "(unless the
    purported remarriage is void)" after "who has not remarried".
      Par. (26). Pub. L. 87-815 substituted " 'Reserve' means a member"
    for " 'Reserves' means members".
      1959 - Par. (4). Pub. L. 86-195 provided that a person shall be
    deemed, as of the date of death of a veteran, to be the legally
    adopted child of the veteran if such person was at the time of the
    veteran's death living in the veteran's household and was legally
    adopted by the surviving spouse of the veteran within two years
    after the veteran's death or Aug. 25, 1959, the date of enactment
    of Pub. L. 86-195, provided that such person was not receiving
    regular contributions toward his support from some individual other
    than the veteran or his spouse, or from any public or private
    welfare organization.

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-461, title X, Sec. 1004(b), Dec. 22, 2006, 120 Stat.
    3466, provided that the amendment made by section 1004(b) is
    effective Nov. 25, 2002.
      Pub. L. 109-444, Sec. 8(b), Dec. 21, 2006, 120 Stat. 3313, which
    provided that the amendment made by section 8(b)(1) would be
    effective Nov. 25, 2002, was repealed by Pub. L. 109-461, title X,
    Sec. 1006(b), Dec. 22, 2006, 120 Stat. 3468, set out below.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective on the date of transfer of
    the Coast Guard to the Department of Homeland Security, see section
    1704(g) of Pub. L. 107-296, set out as a note under section 101 of
    Title 10, Armed Forces.

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Pub. L. 107-14, Sec. 4(g), June 5, 2001, 115 Stat. 30, provided
    that:
      "(1) The amendments made by this section [amending this section
    and sections 1965 and 1967 to 1970 of this title] shall take effect
    on the first day of the first month that begins more than 120 days
    after the date of the enactment of this Act [June 5, 2001].
      "(2) Each Secretary concerned, acting in consultation with the
    Secretary of Veterans Affairs, shall take such action as is
    necessary to ensure that during the period between the date of the
    enactment of this Act and the effective date determined under
    paragraph (1) each eligible member - 
        "(A) is furnished an explanation of the insurance benefits
      available for dependents under the amendments made by this
      section; and
        "(B) is afforded an opportunity before such effective date to
      make elections that are authorized under those amendments to be
      made with respect to dependents.
      "(3) For purposes of paragraph (2):
        "(A) The term 'Secretary concerned' has the meaning given that
      term in section 101 of title 38, United States Code.
        "(B) The term 'eligible member' means a member of the uniformed
      services described in subparagraph (A) or (C) of section
      1967(a)(1) of title 38, United States Code, as amended by
      subsection (b)(1)."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 505(d) of Pub. L. 104-275 provided that: "The amendments
    made by this section [amending this section and sections 1116 and
    1710 of this title] shall take effect on January 1, 1997. No
    benefit may be paid or provided by reason of such amendments for
    any period before such date."

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

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Section 113(d) of Pub. L. 97-306, as amended by Pub. L. 98-223,
    title II, Sec. 210, Mar. 2, 1984, 98 Stat. 45, provided that: "The
    amendments made by subsections (a) [amending this section] and (b)
    [repealing former section 403 of this title] and the provisions of
    subsection (c) [set out as a note under section 8140 of Title 5,
    Government Organization and Employees] - 
        "(1) with respect to deaths and disabilities resulting from
      diseases or injuries incurred or aggravated after September 30,
      1982, shall take effect as of October 1, 1982; and
        "(2) with respect to deaths and disabilities resulting from
      diseases or injuries incurred or aggravated before October 1,
      1982, shall take effect as of October 1, 1983."

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 401 of Pub. L. 95-588 provided that: "The amendments made
    by this Act [see Tables for classification] to title 38, United
    States Code, shall become effective on January 1, 1979."

                     EFFECTIVE DATE OF 1977 AMENDMENTS                 
      Section 501 of Pub. L. 95-202 provided that: "The provisions of
    this Act [see Tables for classification] shall become effective on
    the first day of the first month beginning 60 days after the date
    of enactment of this Act [Nov. 23, 1977], except that the
    provisions of title I and section 304(a)(1)(A) shall be effective
    retroactively to October 1, 1977, the provisions of sections 201
    and 202 shall become effective on January 1, 1978, the provisions
    of section 203 shall be effective retroactively to May 31, 1976,
    and the provisions of sections 301, 302(2), 304(a)(1)(B),
    304(a)(2), 305(a)(3), 305(b)(2), 305(b)(3), 305(b)(4), 305(c), 306,
    307, 308, 309, and 310 and of title IV shall be effective upon
    enactment [Nov. 23, 1977]."
      Amendment by Pub. L. 95-126 effective Oct. 8, 1977, see section 5
    of Pub. L. 95-126, set out as a note under section 5303 of this
    title.

                     EFFECTIVE DATE OF 1975 AMENDMENT                 
      Section 101 of Pub. L. 94-169 provided that the amendment made by
    that section is effective Jan. 1, 1976.

                     EFFECTIVE DATE OF 1971 AMENDMENT                 
      Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6
    of Pub. L. 92-198, set out as a note under section 1521 of this
    title.

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section
    10(a) of Pub. L. 91-588, set out as a note under section 1521 of
    this title.

                     EFFECTIVE DATE OF 1967 AMENDMENT                 
      Section 405 of Pub. L. 90-77 provided that:
      "(a) Except as provided in subsections (b) and (c) of this
    section, this Act [see Tables for classification] shall become
    effective on the first day of the first calendar month which begins
    more than ten days after the date of enactment of this Act [Aug.
    31, 1967].
      "(b) The amendments made by section 203 of this Act [amending
    sections 602 and 612 [now 1702 and 1712 of this title] shall become
    effective upon enactment [Aug. 31, 1967].
      "(c) The amendments made by title II [Secs. 201-204] of this Act
    [amending this section] relating to the payment of burial benefits
    in the case of veterans of the Vietnam era shall become effective
    on the date of enactment of this Act [Aug. 31, 1967]. If the burial
    allowance authorized by section 902 [now 2302] of title 38, United
    States Code is payable solely by virtue of the enactment of this
    Act, the two-year period for filing applications, referred to in
    section 904 [now 2304] of such title 38, shall not end, with
    respect to an individual whose death occurred prior to the
    enactment of this Act; before the expiration of the two-year period
    which begins on the date of enactment of this Act; or in any case
    involving the correction of a discharge after the date of enactment
    of this Act; before the expiration of two years from the date of
    such correction."

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

                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-461, Sec. 1(a), Dec. 22, 2006, 120 Stat. 3403,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Veterans Benefits, Health Care, and Information
    Technology Act of 2006'."
      Pub. L. 109-461, title IX, Sec. 901, Dec. 22, 2006, 120 Stat.
    3450, provided that: "This title [enacting subchapter III of
    chapter 57 and chapter 79 of this title] may be cited as the
    'Department of Veterans Affairs Information Security Enhancement
    Act of 2006'."
      Pub. L. 109-444, Sec. 1(a), Dec. 21, 2006, 120 Stat. 3304, which
    provided that the Act (see Tables for classification) could be
    cited as the "Veterans Programs Extension Act of 2006", was
    repealed by Pub. L. 109-461, title X, Sec. 1006(b), Dec. 22, 2006,
    120 Stat. 3468, set out below.
      Pub. L. 109-361, Sec. 1, Oct. 16, 2006, 120 Stat. 2062, provided
    that: "This Act [amending section 1311 of this title and enacting
    provisions set out as notes under section 1114 of this title] may
    be cited as the 'Veterans' Compensation Cost-of-Living Adjustment
    Act of 2006'."
      Pub. L. 109-233, Sec. 1(a), June 15, 2006, 120 Stat. 397,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Veterans' Housing Opportunity and Benefits
    Improvement Act of 2006'."
      Pub. L. 109-228, Sec. 1, May 29, 2006, 120 Stat. 387, provided
    that: "This Act [enacting section 2413 of this title, section 1387
    of Title 18, Crimes and Criminal Procedure, and provisions set out
    as a note under section 2413 of this title] may be cited as the
    'Respect for America's Fallen Heroes Act'."

                      SHORT TITLE OF 2005 AMENDMENTS                  
      Pub. L. 109-111, Sec. 1, Nov. 22, 2005, 119 Stat. 2362, provided
    that: "This Act [amending sections 1114, 1115, 1162, 1311, 1313,
    and 1314 of this title and enacting provisions set out as notes
    under section 1114 of this title] may be cited as the 'Veterans'
    Compensation Cost-of-Living Adjustment Act of 2005'."
      Pub. L. 109-80, Sec. 1, Sept. 30, 2005, 119 Stat. 2045, provided
    that: "This Act [amending sections 1967, 1969, 1970, and 1977 of
    this title and enacting and repealing provisions set out as notes
    under section 1967 of this title] may be cited as the
    'Servicemembers' Group Life Insurance Enhancement Act of 2005'."

                      SHORT TITLE OF 2004 AMENDMENTS                  
      Pub. L. 108-454, Sec. 1(a), Dec. 10, 2004, 118 Stat. 3598,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Veterans Benefits Improvement Act of 2004'."
      Pub. L. 108-454, title I, Sec. 101, Dec. 10, 2004, 118 Stat.
    3600, provided that: "This title [amending sections 3011, 3012,
    3032, 3232, 3452, 3501, 3512, 3532, 3672, 3675, 3677, 3684, 3687,
    and 3694 of this title and enacting provisions set out as notes
    under sections 3032, 3233, 3675, and 3687 of this title and section
    16131 of Title 10, Armed Forces] may be cited as the 'Veterans Earn
    and Learn Act of 2004'."
      Pub. L. 108-445, Sec. 1, Dec. 3, 2004, 118 Stat. 2636, provided
    that: "This Act [enacting section 7456A of this title, amending
    sections 7404, 7431 to 7433, and 7452 of this title, omitting
    sections 7434 to 7440 of this title, and enacting provisions set
    out as notes under section 7431 of this title] may be cited as the
    'Department of Veterans Affairs Health Care Personnel Enhancement
    Act of 2004'."
      Pub. L. 108-422, Sec. 1(a), Nov. 30, 2004, 118 Stat. 2379,
    provided that: "This Act [enacting sections 1744, 7327, 7328, and
    8118 of this title, amending sections 305, 1703, 1710B, 1720D,
    1741, 2013, 7401, 7803, 8104, 8109, 8111, 8122, and 8164 to 8166 of
    this title, repealing section 8116 of this title, enacting
    provisions set out as notes under sections 1710B, 1744, 7327, 7328,
    7451, 8110, and 8118 of this title, and amending provisions set out
    as a note under section 1710B of this title] may be cited as the
    'Veterans Health Programs Improvement Act of 2004'."
      Pub. L. 108-363, Sec. 1, Oct. 25, 2004, 118 Stat. 1705, provided
    that: "This Act [enacting provisions set out as notes under section
    1114 of this title] may be cited as the 'Veterans' Compensation
    Cost-of-Living Adjustment Act of 2004'."

                      SHORT TITLE OF 2003 AMENDMENTS                  
      Pub. L. 108-183, Sec. 1(a), Dec. 16, 2003, 117 Stat. 2651,
    provided that: "This Act [enacting sections 1821, 4113, 5109B, and
    7112 of this title and section 657f of Title 15, Commerce and
    Trade, amending sections 103, 107, 315, 544, 1104, 1112, 1303,
    1311, 1322, 1729A, 1804, 1811, 1831, 1834, 1917, 1952, 1974, 2101,
    2102, 2303, 2307, 2402, 2408, 3015, 3452, 3462, 3471, 3485, 3512,
    3532, 3534, 3542, 3564, 3675, 3687, 3692, 3702, 3729, 3732, 3733,
    3902, 4102A, 5101, 5102, 5103, 5121, 5301, 5317, 5318, 6105, and
    7723 of this title, repealing sections 3698 and 3699 of this title,
    enacting provisions set out as notes under sections 103, 107, 1154,
    1917, 2102, 2402, 3452, 3462, 3485, 3512, 3532, 3698, 3729, 4102A,
    4113, 5101, 5102, 5103, 5121, 6105, and 7723 of this title,
    amending provisions set out as a note under section 103 of this
    title, and repealing provisions set out as a note under section
    5101 of this title] may be cited as the 'Veterans Benefits Act of
    2003'."
      Pub. L. 108-170, Sec. 1(a), Dec. 6, 2003, 117 Stat. 2042,
    provided that: "This Act [enacting sections 7307 and 7364A of this
    title, amending sections 516, 1701, 1710, 1710A, 1712, 1718, 1720,
    1722A, 1734, 2041, 2065, 7303, 7316, 7321, 7366, 7368, 7401 to
    7405, 7409, 7421, 7454, 7802, 8104, 8107, 8121, 8153, and 8163 to
    8165 of this title and section 1680f of Title 25, Indians, enacting
    provisions set out as notes under sections 7316, 7401, 7454, and
    8121 of this title and section 1680f of Title 25, and amending
    provisions set out as notes under sections 1710B and 1712A of this
    title] may be cited as the 'Veterans Health Care, Capital Asset,
    and Business Improvement Act of 2003'."
      Pub. L. 108-147, Sec. 1, Dec. 3, 2003, 117 Stat. 1885, provided
    that: "This Act [enacting provisions set out as notes under section
    1114 of this title] may be cited as the 'Veterans' Compensation
    Cost-of-Living Adjustment Act of 2003'."

                      SHORT TITLE OF 2002 AMENDMENTS                  
      Pub. L. 107-330, Sec. 1(a), Dec. 6, 2002, 116 Stat. 2820,
    provided that: "This Act [enacting section 3707A of this title,
    amending sections 103, 107, 112, 1114, 1115, 1160, 1162, 1311,
    1313, 1314, 1562, 1701, 1705, 1707, 1710, 1729B, 1781, 2106, 2301,
    2306, 2411, 3011, 3014A, 3018C, 3031, 3035, 3103, 3485, 3512, 3674,
    3689, 3703, 3734, 7261, 7292, and 7315 of this title, section 6103
    of Title 26, Internal Revenue Code, and section 511 of Title 50,
    Appendix, War and National Defense, enacting provisions set out as
    notes under sections 103, 112, 1562, 2306, 2409, 3035, 3103, 3512,
    3703, 3729, 7261, and 7292 of this title and section 2412 of Title
    28, Judiciary and Judicial Procedure, and amending provisions set
    out as notes under sections 2306 and 2400 of this title] may be
    cited as the 'Veterans Benefits Act of 2002'."
      Pub. L. 107-288, Sec. 1(a), Nov. 7, 2002, 116 Stat. 2033,
    provided that: "This Act [enacting sections 4112 and 4215 of this
    title, amending sections 3117, 4101 to 4104, 4106, 4107, 4109,
    4211, 4212, and 4214 of this title, repealing section 4104A of this
    title, and enacting provisions set out as notes under sections
    4100, 4101, 4102, 4102A, 4103A, 4106, 4107, 4211, 4214, and 4215 of
    this title] may be cited as the 'Jobs for Veterans Act'."
      Pub. L. 107-287, Sec. 1, Nov. 7, 2002, 116 Stat. 2024, provided
    that: "This Act [enacting sections 1785, 7325, 7326, and 8117 of
    this title, amending sections 308 and 8111A of this title and
    section 5315 of Title 5, Government Organization and Employees,
    enacting provisions set out as notes under sections 7325 and 7326
    of this title, and amending provisions set out as a note preceding
    section 8117 of this title] may be cited as the 'Department of
    Veterans Affairs Emergency Preparedness Act of 2002'."
      Pub. L. 107-247, Sec. 1, Oct. 23, 2002, 116 Stat. 1517, provided
    that: "This Act [enacting provisions set out as notes under section
    1114 of this title] may be cited as the 'Veterans' Compensation
    Cost-of-Living Adjustment Act of 2002'."
      Pub. L. 107-135, Sec. 1(a), Jan. 23, 2002, 115 Stat. 2446,
    provided that: "This Act [enacting sections 1782 to 1784 and 7324
    of this title, amending sections 103, 1701, 1705 to 1707, 1710,
    1711, 1712A, 1714, 1729, 1729A, 1781, 7303, 7306, 7426, 7451, 7454,
    7631, 7672, 7673, 7682, 7683, 8110 to 8111A, 8152, 8502, 8520, and
    8521 of this title and sections 8415 and 8422 of Title 5,
    Government Organization and Employees, renumbering section 1713 of
    this title as section 1781 of this title, repealing sections 7676
    and 7684 of this title, and enacting provisions set out as notes
    under sections 1705, 1710, 7303, 7311, 7324, 7451, 7454, 7631, and
    7682 of this title and section 8415 of Title 5] may be cited as the
    'Department of Veterans Affairs Health Care Programs Enhancement
    Act of 2001'."

                      SHORT TITLE OF 2001 AMENDMENTS                  
      Pub. L. 107-103, Sec. 1(a), Dec. 27, 2001, 115 Stat. 976,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Veterans Education and Benefits Expansion Act of
    2001'."
      Pub. L. 107-95, Sec. 1(a), Dec. 21, 2001, 115 Stat. 903, provided
    that: "This Act [enacting chapter 20 of this title, amending
    sections 1706, 1720A, 2031, 2033, 2034, 2051, 2052, 4103A, 4104,
    8122, and 8162 of this title and sections 1437f and 11312 of Title
    42, The Public Health and Welfare, renumbering sections 1771 to
    1774 of this title as sections 2031 to 2034 of this title,
    respectively, section 3735 of this title as section 2041 of this
    title, and sections 3772 to 3775 of this title as sections 2051 to
    2054 of this title, respectively, repealing sections 3771 and 4111
    of this title and section 11448 of Title 42, enacting provisions
    set out as notes under sections 2001, 2061, and 8162 of this title,
    and repealing provisions set out as notes under section 7721 of
    this title] may be cited as the 'Homeless Veterans Comprehensive
    Assistance Act of 2001'."
      Pub. L. 107-94, Sec. 1(a), Dec. 21, 2001, 115 Stat. 900, provided
    that: "This Act [amending sections 1114, 1115, 1162, 1311, 1313,
    and 1314 of this title and enacting provisions set out as notes
    under section 1114 of this title] may be cited as the 'Veterans'
    Compensation Rate Amendments of 2001'."
      Pub. L. 107-14, Sec. 1(a), June 5, 2001, 115 Stat. 25, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Survivor Benefits Improvements Act of 2001'."

                      SHORT TITLE OF 2000 AMENDMENTS                  
      Pub. L. 106-475, Sec. 1, Nov. 9, 2000, 114 Stat. 2096, provided
    that: "This Act [enacting sections 5100, 5102 to 5103A, and 5126 of
    this title, amending sections 5106 and 5107 of this title,
    repealing former sections 5102 and 5103 of this title, and enacting
    provisions set out as a note under section 5107 of this title] may
    be cited as the 'Veterans Claims Assistance Act of 2000'."
      Pub. L. 106-419, Sec. 1(a), Nov. 1, 2000, 114 Stat. 1822,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Veterans Benefits and Health Care Improvement Act of
    2000'."
      Pub. L. 106-413, Sec. 1, Nov. 1, 2000, 114 Stat. 1798, provided
    that: "This Act [enacting provisions set out as notes under section
    1114 of this title] may be cited as the 'Veterans' Compensation
    Cost-of-Living Adjustment Act of 2000'."

                      SHORT TITLE OF 1999 AMENDMENTS                  
      Pub. L. 106-118, Sec. 1(a), Nov. 30, 1999, 113 Stat. 1601,
    provided that: "This Act [amending sections 1114, 1115, 1162, 1311,
    1313, and 1314 of this title and enacting provisions set out as
    notes under section 1114 of this title] may be cited as the
    'Veterans' Compensation Cost-of-Living Adjustment Act of 1999'."
      Pub. L. 106-117, Sec. 1(a), Nov. 30, 1999, 113 Stat. 1545,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Veterans Millennium Health Care and Benefits Act'."
      Pub. L. 106-117, title V, Sec. 501(a), Nov. 30, 1999, 113 Stat.
    1573, provided that: "This section [amending section 1318 of this
    title] may be cited as the 'John William Rolen Act'."
      Pub. L. 106-117, title X, Sec. 1001, Nov. 30, 1999, 113 Stat.
    1587, provided that: "This title [enacting sections 7257 and 7299
    of this title, amending sections 7253, 7254, 7281, and 7296 to 7298
    of this title, and enacting provisions set out as notes under
    sections 7253 and 7296 of this title] may be cited as the 'Court of
    Appeals for Veterans Claims Amendments of 1999'."

                      SHORT TITLE OF 1998 AMENDMENTS                  
      Pub. L. 105-368, Sec. 1(a), Nov. 11, 1998, 112 Stat. 3315,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Veterans Programs Enhancement Act of 1998'."
      Pub. L. 105-368, title VIII, Sec. 801, Nov. 11, 1998, 112 Stat.
    3352, provided that: "This title [enacting sections 7671 to 7676
    and 7681 to 7684 of this title, amending sections 7601 to 7604,
    7632, and 7636 of this title, and repealing provisions set out as a
    note under section 7601 of this title] may be cited as the
    'Department of Veterans Affairs Health Care Personnel Incentive Act
    of 1998'."
      Pub. L. 105-277, div. C, title XVI, Sec. 1601, Oct. 21, 1998, 112
    Stat. 2681-742, provided that: "This title [enacting section 1118
    of this title, amending sections 1113 and 1117 of this title, and
    enacting provisions set out as a note under section 1117 of this
    title] may be cited as the 'Persian Gulf War Veterans Act of
    1998'."
      Pub. L. 105-178, title VIII, Sec. 8201, June 9, 1998, 112 Stat.
    492, provided that: "This subtitle [subtitle B (Secs. 8201-8209) of
    title VIII of Pub. L. 105-178, amending sections 1110, 1131, 1311,
    2102, 3015, and 3902 of this title and section 16131 of Title 10,
    Armed Forces, and enacting provisions set out as notes under
    sections 1311, 1521, 2102, 3015, and 3902 of this title and
    sections 1174 and 16131 of Title 10] may be cited as the 'Veterans
    Benefits Act of 1998'."

                      SHORT TITLE OF 1997 AMENDMENTS                  
      Pub. L. 105-114, Sec. 1(a), Nov. 21, 1997, 111 Stat. 2277,
    provided that: "This Act [enacting sections 319, 516, 1771 to 1774,
    and 7322 of this title, amending sections 1710, 1717, 1720, 1720A,
    1720C, 1801, 1804, 1806, 2303, 3015, 3018C, 3680A, 3735, 3761,
    3762, 5310, 7618, 8153, and 8169 of this title and sections 11448
    and 11450 of Title 42, The Public Health and Welfare, repealing
    section 8168 of this title, enacting provisions set out as notes
    under sections 319, 516, 1710, 1801, 7322, and 7611 of this title,
    amending provisions set out as a note under section 7721 of this
    title, and repealing provisions set out as notes under sections
    527, 1712, 1718, and 7721 of this title] may be cited as the
    'Veterans' Benefits Act of 1997'."
      Pub. L. 105-98, Sec. 1(a), Nov. 19, 1997, 111 Stat. 2155,
    provided that: "This Act [amending sections 1114, 1115, 1162, 1311,
    1313, and 1314 of this title and enacting provisions set out as
    notes under section 1114 of this title] may be cited as the
    'Veterans' Compensation Rate Amendments of 1997'."
      Pub. L. 105-33, title VIII, Sec. 8001(a), Aug. 5, 1997, 111 Stat.
    663, provided that: "This title [enacting sections 1103, 1303, and
    1729A of this title, amending sections 712, 1710, 1722A, 1729,
    3720, 3726, 3729, 3732, 5302, 5317, and 5503 of this title,
    enacting provisions set out as notes under sections 712, 1729,
    1729A, and 3726 of this title, and amending provisions set out as a
    note under section 1710 of this title] may be cited as the
    'Veterans Reconciliation Act of 1997'."

                      SHORT TITLE OF 1996 AMENDMENTS                  
      Section 1(a) of Pub. L. 104-275 provided that: "This Act [see
    Tables for classification] may be cited as the 'Veterans' Benefits
    Improvements Act of 1996'."
      Section 401 of title IV of Pub. L. 104-275 provided that: "This
    title [amending sections 1315, 1965, 1967 to 1971, 1973, 1974,
    1977, 3017, and 3224 of this title and enacting provisions set out
    as notes under sections 1965 and 1968 of this title] may be cited
    as the 'Veterans' Insurance Reform Act of 1996'."
      Pub. L. 104-263, Sec. 1, Oct. 9, 1996, 110 Stat. 3212, provided
    that: "This Act [enacting provisions set out as a note under
    section 1114 of this title] may be cited as the 'Veterans'
    Compensation Cost-of-Living Adjustment Act of 1996'."
      Pub. L. 104-262, Sec. 1(a), Oct. 9, 1996, 110 Stat. 3177,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Veterans' Health Care Eligibility Reform Act of
    1996'."
      Pub. L. 104-106, div. B, title XXVIII, Sec. 2822(a), Feb. 10,
    1996, 110 Stat. 556, provided that: "This section [enacting section
    3708 of this title and provisions set out as a note under section
    3708 of this title] may be cited as the 'Military Housing
    Assistance Act of 1995'."

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

                      SHORT TITLE OF 1994 AMENDMENTS                  
      Pub. L. 103-452, Sec. 1(a), Nov. 2, 1994, 108 Stat. 4783,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Veterans Health Programs Extension Act of 1994'."
      Section 1(a) of Pub. L. 103-446 provided that: "This Act [see
    Tables for classification] may be cited as the 'Veterans' Benefits
    Improvements Act of 1994'."
      Section 101 of title I of Pub. L. 103-446 provided that: "This
    Act [probably means title I of Pub. L. 103-446, see Tables for
    classification] may be cited as the 'Persian Gulf War Veterans'
    Benefits Act'."
      Pub. L. 103-418, Sec. 1, Oct. 25, 1994, 108 Stat. 4336, provided
    that: "This Act [enacting provisions set out as notes under section
    1114 of this title] may be cited as the 'Veterans' Compensation
    Cost-of-Living Adjustment Act of 1994'."
      Pub. L. 103-353, Sec. 1, Oct. 13, 1994, 108 Stat. 3149, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Uniformed Services Employment and Reemployment Rights Act of
    1994'."
      Pub. L. 103-271, Sec. 1, July 1, 1994, 108 Stat. 740, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Board of Veterans' Appeals Administrative Procedures Improvement
    Act of 1994'."

                      SHORT TITLE OF 1993 AMENDMENTS                  
      Pub. L. 103-140, Sec. 1(a), Nov. 11, 1993, 107 Stat. 1485,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Veterans' Compensation Rates Amendments of 1993'."
      Pub. L. 103-66, title XII, Sec. 12001, Aug. 10, 1993, 107 Stat.
    413, provided that: "This title [see Tables for classification] may
    be cited as the 'Veterans Reconciliation Act of 1993'."

                      SHORT TITLE OF 1992 AMENDMENTS                  
      Pub. L. 102-590, Sec. 1, Nov. 10, 1992, 106 Stat. 5136, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Homeless Veterans Comprehensive Service Programs Act of 1992'."
      Pub. L. 102-585, Sec. 1(a), Nov. 4, 1992, 106 Stat. 4943,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Veterans Health Care Act of 1992'."
      Pub. L. 102-585, title I, Sec. 101, Nov. 4, 1992, 106 Stat. 4944,
    provided that: "This title [see Tables for classification] may be
    cited as the 'Women Veterans Health Programs Act of 1992'."
      Pub. L. 102-578, Sec. 1, Oct. 30, 1992, 106 Stat. 4774, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Radiation Exposure Amendments of 1992'."
      Pub. L. 102-568, Sec. 1(a), Oct. 29, 1992, 106 Stat. 4320,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Veterans' Benefits Act of 1992'."
      Pub. L. 102-568, title I, Sec. 101, Oct. 29, 1992, 106 Stat.
    4321, provided that: "This title [see Tables for classification]
    may be cited as the 'Dependency and Indemnity Compensation Reform
    Act of 1992'."
      Pub. L. 102-547, Sec. 1, Oct. 28, 1992, 106 Stat. 3633, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans Home Loan Program Amendments of 1992'."
      Pub. L. 102-510, Sec. 1, Oct. 24, 1992, 106 Stat. 3318, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Compensation Cost-of-Living Adjustment Act of 1992'."
      Pub. L. 102-405, Sec. 1(a), Oct. 9, 1992, 106 Stat. 1972,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Veterans' Medical Programs Amendments of 1992'."

                      SHORT TITLE OF 1991 AMENDMENTS                  
      Pub. L. 102-152, Sec. 1(a), Nov. 12, 1991, 105 Stat. 985,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Veterans' Compensation Rate Amendments of 1991'."
      Pub. L. 102-127, Sec. 1, Oct. 10, 1991, 105 Stat. 619, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Educational Assistance Amendments of 1991'."
      Section 1(a) of Pub. L. 102-86 provided that: "This Act [see
    Tables for classification] may be cited as the 'Veterans' Benefits
    Programs Improvement Act of 1991'."
      Section 1(a) of Pub. L. 102-83 provided that: "This Act [see
    Tables for classification] may be cited as the 'Department of
    Veterans Affairs Codification Act'."
      Section 1(a) of Pub. L. 102-40 provided that: "This Act [see
    Tables for classification] may be cited as the 'Department of
    Veterans Affairs Health-Care Personnel Act of 1991'."
      Section 101 of title I of Pub. L. 102-40 provided that: "This
    title [see Tables for classification] may be cited as the
    'Department of Veterans Affairs Physician and Dentist Recruitment
    and Retention Act of 1991'."
      Section 201 of title II of Pub. L. 102-40 provided that: "This
    title [see Tables for classification] may be cited as the
    'Department of Veterans Affairs Labor Relations Improvement Act of
    1991'."
      Section 331 of Pub. L. 102-25 provided that: "This part [part C
    (Secs. 331-341) of title III of Pub. L. 102-25, see Tables for
    classification] may be cited as the 'Persian Gulf War Veterans'
    Benefits Act of 1991'."
      Pub. L. 102-4, Sec. 1, Feb. 6, 1991, 105 Stat. 11, provided that:
    "This Act [see Tables for classification] may be cited as the
    'Agent Orange Act of 1991'."
      Pub. L. 102-3, Sec. 1(a), Feb. 6, 1991, 105 Stat. 7, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Compensation Amendments of 1991'."

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

                      SHORT TITLE OF 1989 AMENDMENTS                  
      Section 1(a) of Pub. L. 101-237 provided that: "This Act [see
    Tables for classification] may be cited as the 'Veterans' Benefits
    Amendments of 1989'."
      Section 301 of title III of Pub. L. 101-237 provided that: "This
    title [see Tables for classification] may be cited as the 'Veterans
    Home Loan Indemnity and Restructuring Act of 1989'."
      Section 401 of title IV of Pub. L. 101-237 provided that: "This
    title [see Tables for classification] may be cited as the 'Veterans
    Education and Employment Amendments of 1989'."
      Pub. L. 101-94, Sec. 1, Aug. 16, 1989, 103 Stat. 617, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Court of Veterans Appeals Judges Retirement Act'."

                      SHORT TITLE OF 1988 AMENDMENTS                  
      Pub. L. 100-689, Sec. 1, Nov. 18, 1988, 102 Stat. 4161, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Benefits and Programs Improvement Act of 1988'."
      Pub. L. 100-687, div. A, Sec. 1(a), Nov. 18, 1988, 102 Stat.
    4105, provided that: "This division [see Tables for classification]
    may be cited as the 'Veterans' Judicial Review Act'."
      Pub. L. 100-687, div. B, Sec. 1001(a), Nov. 18, 1988, 102 Stat.
    4122, provided that: "This division [see Tables for classification]
    may be cited as the 'Veterans' Benefits Improvement Act of 1988'."
      For short title of Pub. L. 100-527 as the "Department of Veterans
    Affairs Act", see section 1 of Pub. L. 100-527, set out as a note
    under section 301 of this title.
      Pub. L. 100-323, Sec. 1(a), May 20, 1988, 102 Stat. 556, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Employment, Training, and Counseling Amendments of
    1988'."
      Section 1(a) of Pub. L. 100-322 provided that: "This Act [see
    Tables for classification] may be cited as the 'Veterans' Benefits
    and Services Act of 1988'."
      Pub. L. 100-321, Sec. 1, May 20, 1988, 102 Stat. 485, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Radiation-Exposed Veterans Compensation Act of 1988'."
      Pub. L. 100-253, Sec. 1, Feb. 29, 1988, 102 Stat. 20, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Home Loan Program Emergency Amendments of 1988'."

                      SHORT TITLE OF 1987 AMENDMENTS                  
      Pub. L. 100-227, Sec. 1(a), Dec. 31, 1987, 101 Stat. 1552,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act
    of 1987'."
      Pub. L. 100-198, Sec. 1(a), Dec. 21, 1987, 101 Stat. 1315,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Veterans' Home Loan Program Improvements and Property
    Rehabilitation Act of 1987'."
      Pub. L. 100-48, Sec. 1, June 1, 1987, 101 Stat. 331, provided
    that: "This Act [see Tables for classification] may be cited as the
    'New GI Bill Continuation Act'."

                      SHORT TITLE OF 1986 AMENDMENTS                  
      Section 1(a) of Pub. L. 99-576 provided that: "This Act [see
    Tables for classification] may be cited as the 'Veterans' Benefits
    Improvement and Health-Care Authorization Act of 1986'."
      Pub. L. 99-272, title XIX, Sec. 19001(a), Apr. 7, 1986, 100 Stat.
    372, provided that: "This title [see Tables for classification] may
    be cited as the 'Veterans' Health-Care Amendments of 1986'."
      Pub. L. 99-238, Sec. 1, Jan. 13, 1986, 99 Stat. 1765, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Compensation Rate Increase and Job Training Amendments
    of 1985'."

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

                      SHORT TITLE OF 1984 AMENDMENTS                  
      Pub. L. 98-543, Sec. 1(a), Oct. 24, 1984, 98 Stat. 2735, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Benefits Improvement Act of 1984'."
      For short title of Pub. L. 98-542 as the "Veterans' Dioxin and
    Radiation Exposure Compensation Standards Act", see section 1 of
    Pub. L. 98-542, set out as a note under section 1154 of this title.
      Pub. L. 98-528, Sec. 1(a), Oct. 19, 1984, 98 Stat. 2686, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Health Care Act of 1984'."
      Pub. L. 98-525, title VII, Sec. 701, Oct. 19, 1984, 98 Stat.
    2553, as amended by Pub. L. 100-48, Sec. 2, June 1, 1987, 101 Stat.
    331, provided that: "This title [see Tables for classification] may
    be cited as the 'Montgomery GI Bill Act of 1984'."
      Section 1 of Pub. L. 98-223 provided in part: "That (a) this Act
    [see Tables for classification] may be cited as the 'Veterans'
    Compensation and Program Improvements Amendments of 1984'."

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

                      SHORT TITLE OF 1982 AMENDMENTS                  
      Section 1(a) of Pub. L. 97-306 provided that: "This Act [see
    Tables for classification] may be cited as the 'Veterans'
    Compensation, Education, and Employment Amendments of 1982'."
      Pub. L. 97-251, Sec. 1(a), Sept. 8, 1982, 96 Stat. 711, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Administration Health-Care Programs Improvement and
    Extension Act of 1982'."
      Pub. L. 97-174, Sec. 1, May 4, 1982, 96 Stat. 70, provided: "That
    this Act [see Tables for classification] may be cited as the
    'Veterans' Administration and Department of Defense Health
    Resources Sharing and Emergency Operations Act'."

                      SHORT TITLE OF 1981 AMENDMENTS                  
      Pub. L. 97-72, Sec. 1(a), Nov. 3, 1981, 95 Stat. 1047, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Health Care, Training, and Small Business Loan Act of
    1981'."
      Pub. L. 97-72, title III, Sec. 301, Nov. 3, 1981, 95 Stat. 1055,
    provided that: "This title [see Tables for classification] may be
    cited as the 'Veterans' Small Business Loan Act of 1981'."
      Pub. L. 97-66, Sec. 1(a), Oct. 17, 1981, 95 Stat. 1026, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Disability Compensation, Housing, and Memorial Benefits
    Amendments of 1981'."
      Pub. L. 97-37, Sec. 1(a), Aug. 14, 1981, 95 Stat. 935, provided
    that: "this Act [see Tables for classification] may be cited as the
    'Former Prisoner of War Benefits Act of 1981'."

                      SHORT TITLE OF 1980 AMENDMENTS                  
      Pub. L. 96-466, Sec. 1(a), Oct. 17, 1980, 94 Stat. 2171, provided
    that: "this Act [see Tables for classification] may be cited as the
    'Veterans' Rehabilitation and Education Amendments of 1980'."
      Pub. L. 96-385, Sec. 1(a), Oct. 7, 1980, 94 Stat. 1528, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Disability Compensation and Housing Benefits Amendments
    of 1980'."
      Pub. L. 96-330, Sec. 1(a), Aug. 26, 1980, 94 Stat. 1030, provided
    that: "this Act [see Tables for classification] may be cited as the
    'Veterans' Administration Health-Care Amendments of 1980'."

                      SHORT TITLE OF 1979 AMENDMENTS                  
      Pub. L. 96-151, Sec. 1(a), Dec. 20, 1979, 93 Stat. 1092, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans Health Programs Extension and Improvement Act of 1979'."
      Pub. L. 96-128, Sec. 1, Nov. 28, 1979, 93 Stat. 982, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans' Disability Compensation and Survivors' Benefits
    Amendments of 1979'."
      Section 1(a) of Pub. L. 96-22 provided that: "This Act [see
    Tables for classification] may be cited as the 'Veterans' Health
    Care Amendments of 1979'."

                      SHORT TITLE OF 1978 AMENDMENTS                  
      Section 1 of Pub. L. 95-588 provided: "That this Act [see Tables
    for classification] may be cited as the 'Veterans' and Survivors'
    Pension Improvement Act of 1978'."
      Pub. L. 95-520, Sec. 1, Oct. 26, 1978, 92 Stat. 1820, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans' Administration Programs Extension Act of 1978'."
      Pub. L. 95-479, Sec. 1(a), Oct. 18, 1978, 92 Stat. 1560, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Disability Compensation and Survivors' Benefits Act of
    1978'."
      Pub. L. 95-476, Sec. 1(a), Oct. 18, 1978, 92 Stat. 1497, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Housing Benefits Act of 1978'."

                      SHORT TITLE OF 1977 AMENDMENTS                  
      Pub. L. 95-204, Sec. 1, Dec. 2, 1977, 91 Stat. 1455, provided:
    "That this Act [see Tables for classification] be cited as the
    'Veterans and Survivors Pension Adjustment Act of 1977'."
      Section 1 of Pub. L. 95-202 provided: "That this Act [see Tables
    for classification] may be cited as the 'GI Bill Improvement Act of
    1977'."
      Pub. L. 95-201, Sec. 1, Nov. 23, 1977, 91 Stat. 1429, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans' Administration Physician and Dentist Pay Comparability
    Amendments of 1977'."
      Pub. L. 95-117, Sec. 1, Oct. 3, 1977, 91 Stat. 1063, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans Disability Compensation and Survivor Benefits Act of
    1977'."
      Pub. L. 95-62, Sec. 1, July 5, 1977, 91 Stat. 262, provided:
    "That this Act [see Tables for classification] may be cited as the
    'State Veterans' Home Assistance Improvement Act of 1977'."

                      SHORT TITLE OF 1976 AMENDMENTS                  
      Pub. L. 94-581, Sec. 1, Oct. 21, 1976, 90 Stat. 2842, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans Omnibus Health Care Act of 1976'."
      Pub. L. 94-581, title II, Sec. 201, Oct. 21, 1976, 90 Stat. 2855,
    provided that: "This title [see Tables for classification] may be
    cited as the 'Veterans Medical Technical and Conforming Amendments
    of 1976'."
      Pub. L. 94-502, Sec. 1, Oct. 15, 1976, 90 Stat. 2383, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans' Education and Employment Assistance Act of 1976'."
      Pub. L. 94-502, Sec. 401, Oct. 15, 1976, 90 Stat. 2392, provided
    that: "This title [see Tables for classification] may be cited as
    the 'Post-Vietnam Era Veterans' Educational Assistance Act of
    1977'."
      Pub. L. 94-433, Sec. 1, Sept. 30, 1976, 90 Stat. 1374, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans Disability Compensation and Survivor Benefits Act of
    1976'."
      Pub. L. 94-432, Sec. 1, Sept. 30, 1976, 90 Stat. 1369, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans and Survivors Pension Adjustment Act of 1976'."
      Pub. L. 94-324, Sec. 1, June 30, 1976, 90 Stat. 720, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans Housing Amendments Act of 1976'."

                      SHORT TITLE OF 1975 AMENDMENTS                  
      Section 1 of Pub. L. 94-169 provided: "That this Act [see Tables
    for classification] may be cited as the 'Veterans and Survivors
    Pension Interim Adjustment Act of 1975'."
      Pub. L. 94-123, Sec. 1, Oct. 22, 1975, 89 Stat. 669, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans' Administration Physician and Dentist Pay Comparability
    Act of 1975'."
      Pub. L. 94-71, Sec. 1, Aug. 5, 1975, 89 Stat. 395, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans Disability Compensation and Survivor Benefits Act of
    1975'."

                      SHORT TITLE OF 1974 AMENDMENTS                  
      Pub. L. 93-602, title II, Sec. 201, Jan. 2, 1975, 88 Stat. 1958,
    provided that: "This title [see Tables for classification] may be
    cited as the 'Veterans' Education and Rehabilitation Equalization
    Amendments Act of 1974'."
      Pub. L. 93-569, Sec. 1, Dec. 31, 1974, 88 Stat. 1863, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans Housing Act of 1974'."
      Pub. L. 93-538, Sec. 1, Dec. 22, 1974, 88 Stat. 1736, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Disabled Veterans' and Servicemen's Automobile and Adaptive
    Equipment Amendments of 1974'."
      Pub. L. 93-527, Sec. 1, Dec. 21, 1974, 88 Stat. 1702, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans and Survivors Pension Adjustment Act of 1974'."
      Pub. L. 93-508, Sec. 1, Dec. 3, 1974, 88 Stat. 1578, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Vietnam Era Veterans' Readjustment Assistance Act of 1974'."
      Pub. L. 93-295, Sec. 1, May 31, 1974, 88 Stat. 180, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans Disability Compensation and Survivor Benefits Act of
    1974'."
      Pub. L. 93-289, Sec. 1, May 24, 1974, 88 Stat. 165, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans' Insurance Act of 1974'."

                      SHORT TITLE OF 1973 AMENDMENTS                  
      Pub. L. 93-82, Sec. 1, Aug. 2, 1973, 87 Stat. 179, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans Health Care Expansion Act of 1973'."
      Pub. L. 93-43, Sec. 1, June 18, 1973, 87 Stat. 75, provided:
    "That this Act [see Tables for classification] may be cited as the
    'National Cemeteries Act of 1973'."

                      SHORT TITLE OF 1972 AMENDMENTS                  
      Pub. L. 92-541, Sec. 1, Oct. 24, 1972, 86 Stat. 1100, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans' Administration Medical School Assistance and Health
    Manpower Training Act of 1972'."
      Section 1 of Pub. L. 92-540 provided: "That this Act [see Tables
    for classification] may be cited as the 'Vietnam Era Veterans'
    Readjustment Assistance Act of 1972'."
      Section 501 of title V of Pub. L. 92-540 provided that: "This
    title [see Tables for classification] may be cited as the
    'Veterans' Employment and Readjustment Act of 1972'."
      Pub. L. 92-328, Sec. 1, June 30, 1972, 86 Stat. 393, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Veterans' Compensation and Relief Act of 1972'."

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

                      SHORT TITLE OF 1970 AMENDMENTS                  
      Pub. L. 91-506, Sec. 1, Oct. 23, 1970, 84 Stat. 1108, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans' Housing Act of 1970'."
      Pub. L. 91-219, Sec. 1, Mar. 26, 1970, 84 Stat. 76, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans Education and Training Amendments Act of 1970'."

                       SHORT TITLE OF 1967 AMENDMENT                   
      Section 1 of Pub. L. 90-77 provided that: "This Act [see Tables
    for classification] may be cited as the 'Veterans' Pension and
    Readjustment Assistance Act of 1967'."

                      SHORT TITLE OF 1966 AMENDMENTS                  
      Pub. L. 89-785, Sec. 1, Nov. 7, 1966, 80 Stat. 1368, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Veterans Hospitalization and Medical Services Modernization
    Amendments of 1966'."
      Section 1 of Pub. L. 89-358 provided that: "This Act [see Tables
    for classification] may be cited as the 'Veterans' Readjustment
    Benefits Act of 1966'."

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

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-MISC2-
              COORDINATION OF PROVISIONS WITH PUB. L. 109-444          
      Pub. L. 109-461, title X, Sec. 1006(b), Dec. 22, 2006, 120 Stat.
    3468, provided that: "If this Act is enacted after the enactment of
    the Veterans Programs Extension Act of 2006 [Pub. L. 109-444,
    approved Dec. 21, 2006], then as of the date of the enactment of
    this Act [Dec. 22, 2006], the Veterans Programs Extension Act of
    2006 [see Tables for classification] and the amendments made by
    that Act shall be deemed for all purposes not to have taken effect
    and the Veterans Programs Extension Act of 2006 and the amendments
    made by that Act shall cease to be in effect."

      REDESIGNATION OF SECTIONS; COORDINATION OF REDESIGNATIONS WITH
                    OTHER AMENDMENTS BY PUB. L. 102-83
      Section 5 of Pub. L. 102-83 provided that:
      "(a) Redesignation of Sections To Conform To Chapter Numbers. -
    Each section contained in any of chapters 11 through 23 is
    redesignated by replacing the first digit of the section number
    with the number of the chapter containing that section. Each
    section contained in any of chapters 24 through 42 is redesignated
    so that the first two digits of the section number of that section
    are the same as the chapter number of the chapter containing that
    section.
      "(b) Tables of Sections and Chapters. - (1) The tables of
    sections at the beginning of the chapters referred to in subsection
    (a) are revised so as to conform the section references in those
    tables to the redesignations made by that subsection.
      "(2) The table of chapters before part I and the tables of
    chapters at the beginning of parts I, II, and III are revised so as
    to conform the section references in those tables to the
    redesignations made by subsection (a).
      "(c) Cross-References. - (1) Each provision of title 38, United
    States Code, that contains a reference to a section redesignated by
    subsection (a) is amended so that the reference refers to the
    section as redesignated.
      "(2) Any reference in a provision of law other than title 38,
    United States Code, to a section redesignated by subsection (a)
    shall be deemed to refer to the section as so redesignated.
      "(d) Rule for Execution. - The redesignations made by subsection
    (a) and the amendments made by subsections (b) and (c) shall be
    executed after any other amendments made by this Act [see Tables
    for classification]."

     STUDY OF BENEFITS PAYABLE TO PERSONS RESIDING OUTSIDE THE UNITED
    STATES; REPORT AND RECOMMENDATIONS NOT LATER THAN FEBRUARY 1, 1980
      Pub. L. 96-22, title IV, Sec. 402, June 13, 1979, 93 Stat. 63,
    authorized Administrator of Veterans' Affairs, in consultation with
    Secretary of State, to carry out a comprehensive study of benefits
    payable under this title to persons residing outside the fifty
    States and the District of Columbia and required submission of a
    report to Congress and to President on results of such study not
    later than Feb. 1, 1980.

     DISABILITY COMPENSATION OR DEPENDENCY AND INDEMNITY COMPENSATION
                           AWARD; EFFECTIVE DATE
      Section 6(b) of Pub. L. 91-621 provided effective date for an
    award by Veteran's Administration arising from injury or death
    occurring prior to Dec. 31, 1970, and based on a claim arising from
    amendments made to pars. (21)(C) and (25)(F) of this section and
    section 5305 of this title, prior to repeal by Pub. L. 107-372,
    title II, Sec. 271(3), Dec. 19, 2002, 116 Stat. 3094.

-EXEC-
    PROC. NO. 4373. TERMINAL DATE RESPECTING SERVICE DURING VIETNAM ERA
      Proc. No. 4373, May 7, 1975, 40 F.R. 20257, provided:
      The Congress has provided that entitlement to certain veterans
    benefits be limited to persons serving in the Armed Forces during
    the period, beginning August 5, 1964, referred to as the Vietnam
    era. The President is authorized to determine the last day on which
    a person must have entered the active military, naval, or air
    service during that period.
      The signing of the cease-fire agreements and implementing
    protocols on January 27, 1973, between the United States of America
    and the Republic of Vietnam, on the one hand, and the Democratic
    Republic of Vietnam and the Provisional Revolutionary Government of
    the Republic of South Vietnam on the other hand, has terminated
    active participation by the Armed Forces of the United States in
    the Vietnam conflict.
      NOW, THEREFORE, I, GERALD R. FORD, President of the United States
    of America, by virtue of the authority vested in me by Section
    101(29) of Title 38 of the United States Code, do hereby proclaim,
    for the purposes of said Section 101(29), that May 7, 1975, is
    designated as the last day of the "Vietnam era."
      IN WITNESS WHEREOF, I have hereunto set my hand this seventh day
    of May in the year of our Lord nineteen hundred seventy-five, and
    of the Independence of the United States of America the one hundred
    ninety-ninth.
                                                         Gerald R. Ford.

-CROSS-
                     SECRETARY AND DEPARTMENT DEFINED                 
      Pub. L. 106-117, Sec. 3, Nov. 30, 1999, 113 Stat. 1547, provided
    that: "For purposes of this Act [see Tables for classification] - 
        "(1) the term 'Secretary' means the Secretary of Veterans
      Affairs; and
        "(2) the term 'Department' means the Department of Veterans
      Affairs."
              DEFINITION OF ADMINISTRATOR FOR 1988 AMENDMENTS          
      Pub. L. 100-687, div. B, Sec. 1002, Nov. 18, 1988, 102 Stat.
    4122, provided that: "For purposes of this division [see Tables for
    classification], the term 'Administrator' means the Administrator
    of Veterans' Affairs."
      Section 3 of Pub. L. 100-322 provided that: "For purposes of this
    Act [see Tables for classification], the term 'Administrator' means
    the Administrator of Veterans' Affairs."

-End-

-CITE-
    38 USC Sec. 102                                             01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART I - GENERAL PROVISIONS
    CHAPTER 1 - GENERAL

-HEAD-
    Sec. 102. Dependent parents

-STATUTE-
      (a) Dependency of a parent, which may arise before or after the
    death of a veteran, shall be determined in accordance with
    regulations prescribed by the Secretary.
      (b) Dependency of a parent shall not be denied (1) solely because
    of remarriage, or (2) in any case in any State where the monthly
    income for a mother or father does not exceed minimum levels which
    the Secretary shall prescribe by regulation, giving due regard to
    the marital status of the mother or father and additional members
    of the family whom the mother or father is under a moral or legal
    obligation to support.
      (c) For the purposes of this section, in determining monthly
    income the Secretary shall not consider any payments under laws
    administered by the Secretary because of disability or death or
    payments of bonus or similar cash gratuity by any State based upon
    service in the Armed Forces.

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

-MISC1-
                                AMENDMENTS                            
      1991 - Subsecs. (a), (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
    substituted "Secretary" for "Administrator".
      Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary shall" for "Administrator shall".
      Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the
    Secretary" for "administered by the Veterans' Administration".
      Pub. L. 102-54 substituted "(c)" for "(C)" as subsec.
    designation.
      1986 - Pub. L. 99-576, Sec. 701(1)(B), substituted "Dependent
    parents" for "Dependent parents; husbands" in section catchline.
      Subsec. (a). Pub. L. 99-576, Sec. 701(1)(A)(ii), (iii), (v),
    struck out par. (1) designation and redesignated par. (2) of
    subsec. (a) as subsec. (b) and par. (3) of subsec. (a) as subsec.
    (C).
      Subsec. (b). Pub. L. 99-576, Sec. 701(1)(A)(i), (iii), (iv),
    redesignated former subsec. (a)(2) as subsec. (b) and substituted
    "(1)" and "(2)" for "(A)" and "(B)", respectively. Former subsec.
    (b), which read "For the purposes of this title, (1) the term
    'wife' includes the husband of any female veteran; and (2) the term
    'widow' includes the widower of any female veteran", was struck
    out.
      Subsec. (c). Pub. L. 99-576, Sec. 701(1)(A)(v), redesignated
    former subsec. (a)(3) as subsec. (C) and substituted "For the
    purposes of this section," for "For the purposes of this
    subsection".
      1976 - Subsec. (a)(2). Pub. L. 94-432 substituted prohibition
    against denial of dependency of a parent "(B) in any case in any
    State where the monthly income for a mother or father does not
    exceed minimum levels which the Administrator shall prescribe by
    regulation, giving due regard to the marital status of the mother
    or father and additional members of the family whom the mother or
    father is under a moral or legal obligation to support" for such
    prohibition "(B) in any case in any State where the monthly income
    for a mother or father, not living together, is not more than $105,
    or where the monthly income for a mother and father living
    together, is not more than $175, plus, in either case, $45, for
    each additional member of the family whom the father or mother is
    under a moral or legal obligation to support, as determined by the
    Administrator".
      1972 - Pub. L. 92-540, Sec. 408(2), substituted "Dependent
    parents; husbands" for "Dependent parents and dependent husbands"
    in section catchline.
      Subsec. (b). Pub. L. 92-540, Sec. 408(1), struck out exception
    which made definition of terms inapplicable to chapter 19 of this
    title and struck out from definitions of "wife" and "widow"
    provisions relating to the ability of such persons to maintain and
    support themselves.
      1966 - Subsec. (a)(2). Pub. L. 89-358, Sec. 4(e), substituted
    "Dependency" for "Except for the purposes of chapter 33 of this
    title, dependency".
      Subsec. (b). Pub. L. 89-358, Sec. 4(f), struck out from
    introductory parenthetical phrase reference to chapter 33 of this
    title.

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

-End-

-CITE-
    38 USC Sec. 103                                             01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART I - GENERAL PROVISIONS
    CHAPTER 1 - GENERAL

-HEAD-
    Sec. 103. Special provisions relating to marriages

-STATUTE-
      (a) Whenever, in the consideration of any claim filed by a person
    as the widow or widower of a veteran for gratuitous death benefits
    under laws administered by the Secretary, it is established by
    evidence satisfactory to the Secretary that such person, without
    knowledge of any legal impediment, entered into a marriage with
    such veteran which, but for a legal impediment, would have been
    valid, and thereafter cohabited with the veteran for one year or
    more immediately before the veteran's death, or for any period of
    time if a child was born of the purported marriage or was born to
    them before such marriage, the purported marriage shall be deemed
    to be a valid marriage, but only if no claim has been filed by a
    legal widow or widower of such veteran who is found to be entitled
    to such benefits. No duplicate payments shall be made by virtue of
    this subsection.
      (b) Where a surviving spouse has been legally married to a
    veteran more than once, the date of original marriage will be used
    in determining whether the statutory requirement as to date of
    marriage has been met.
      (c) In determining whether or not a person is or was the spouse
    of a veteran, their marriage shall be proven as valid for the
    purposes of all laws administered by the Secretary according to the
    law of the place where the parties resided at the time of the
    marriage or the law of the place where the parties resided when the
    right to benefits accrued.
      (d)(1) The remarriage of the surviving spouse of a veteran shall
    not bar the furnishing of benefits to such person as the surviving
    spouse of the veteran if the remarriage is void, or has been
    annulled by a court with basic authority to render annulment
    decrees unless the Secretary determines that the annulment was
    secured through fraud by either party or collusion.
      (2)(A) The remarriage of the surviving spouse of a veteran shall
    not bar the furnishing of benefits specified in paragraph (5) to
    such person as the surviving spouse of the veteran if the
    remarriage has been terminated by death or divorce unless the
    Secretary determines that the divorce was secured through fraud or
    collusion.
      (B) The remarriage after age 57 of the surviving spouse of a
    veteran shall not bar the furnishing of benefits specified in
    paragraph (5) to such person as the surviving spouse of the
    veteran. Notwithstanding the previous sentence, the remarriage
    after age 55 of the surviving spouse of a veteran shall not bar the
    furnishing of benefits under section 1781 of this title to such
    person as the surviving spouse of the veteran.
      (3) If the surviving spouse of a veteran ceases living with
    another person and holding himself or herself out openly to the
    public as that person's spouse, the bar to granting that person
    benefits as the surviving spouse of the veteran shall not apply in
    the case of the benefits specified in paragraph (5).
      (4) The first month of eligibility for benefits for a surviving
    spouse by reason of paragraph (2)(A) or (3) shall be the month
    after - 
        (A) the month of the termination of such remarriage, in the
      case of a surviving spouse described in paragraph (2)(A); or
        (B) the month of the cessation described in paragraph (3), in
      the case of a surviving spouse described in that paragraph.

      (5) Paragraphs (2)(A) and (3) apply with respect to benefits
    under the following provisions of this title:
        (A) Section 1311, relating to dependency and indemnity
      compensation.
        (B) Section 1781, relating to medical care for survivors and
      dependents of certain veterans.
        (C) Chapter 35, relating to educational assistance.
        (D) Chapter 37, relating to housing loans.

      (e) The marriage of a child of a veteran shall not bar
    recognition of such child as the child of the veteran for benefit
    purposes if the marriage is void, or has been annulled by a court
    with basic authority to render annulment decrees unless the
    Secretary determines that the annulment was secured through fraud
    by either party or collusion.

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

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (d)(2)(B). Pub. L. 108-183, Sec. 101(a),
    substituted "The remarriage after age 57 of the surviving spouse of
    a veteran shall not bar the furnishing of benefits specified in
    paragraph (5) to such person as the surviving spouse of the
    veteran. Notwithstanding the previous sentence, the remarriage
    after age 55" for "The remarriage after age 55".
      Subsec. (d)(4). Pub. L. 108-183, Sec. 708(a)(1)(A)(i),
    substituted "paragraph (2)(A) or (3)" for "this subsection" in
    introductory provisions.
      Subsec. (d)(4)(A). Pub. L. 108-183, Sec. 708(a)(1)(A)(ii),
    substituted "paragraph (2)(A)" for "paragraph (2)".
      Subsec. (d)(5). Pub. L. 108-183, Sec. 708(a)(1)(B), substituted
    "Paragraphs (2)(A)" for "Paragraphs (2)" in introductory
    provisions.
      2002 - Subsec. (d)(2). Pub. L. 107-330 designated existing
    provisions as subpar. (A) and added subpar. (B).
      Subsec. (d)(5)(B). Pub. L. 107-135 substituted "1781" for "1713".
      1999 - Subsec. (d). Pub. L. 106-117 designated existing
    provisions as par. (1) and added pars. (2) to (5).
      1991 - Subsec. (a). Pub. L. 102-83, Sec. 4(a)(1), (b)(1), (2)(E),
    substituted "administered by the Secretary" for "administered by
    the Veterans' Administration" and "Secretary" for "Administrator".
      Subsec. (c). Pub. L. 102-83, Sec. 4(a)(1), substituted
    "administered by the Secretary" for "administered by the Veterans'
    Administration".
      Subsecs. (d), (e). Pub. L. 102-83, Sec. 4(a)(2)(A)(i),
    substituted "Secretary" for "Veterans' Administration".
      1990 - Subsec. (d). Pub. L. 101-508, Sec. 8004(a)(1), designated
    par. (1) as entire subsec. (d) and struck out pars. (2) and (3)
    which read as follows:
      "(2) The remarriage of the surviving spouse of a veteran shall
    not bar the furnishing of benefits to such person as the surviving
    spouse of the veteran if the remarriage has been terminated by
    death or has been dissolved by a court with basic authority to
    render divorce decrees unless the Veterans' Administration
    determines that the divorce was secured through fraud by the
    surviving spouse or collusion.
      "(3) If a surviving spouse ceases living with another person and
    holding himself or herself out openly to the public as that
    person's spouse, the bar to granting that person benefits as the
    surviving spouse of the veteran shall not apply."
      Subsec. (e). Pub. L. 101-508, Sec. 8004(a)(2), designated par.
    (1) as entire subsec. (e) and struck out par. (2) which read as
    follows: "The marriage of a child of a veteran shall not bar the
    recognition of such child as the child of the veteran for benefit
    purposes if the marriage has been terminated by death or has been
    dissolved by a court, with basic authority to render divorce
    decrees unless the Veterans' Administration determines that the
    divorce was secured through fraud by either party or collusion."
      1986 - Subsec. (a). Pub. L. 99-576, Sec. 701(2)(A), substituted
    "person as the widow or widower" for "woman as the widow", "such
    person" for "she", "the veteran" for "him", "the veteran's" for
    "his", and "legal widow or widower" for "legal widow".
      Subsec. (b). Pub. L. 99-576, Sec. 701(2)(B), substituted
    "surviving spouse" for "widow".
      Subsec. (c). Pub. L. 99-576, Sec. 701(2)(C), substituted "person
    is or was the spouse" for "woman is or was the wife".
      Subsec. (d)(1). Pub. L. 99-576, Sec. 701(2)(D), substituted
    "surviving spouse of a veteran shall not bar the furnishing of
    benefits to such person as the surviving spouse" for "widow of a
    veteran shall not bar the furnishing of benefits to her as the
    widow".
      Subsec. (d)(2). Pub. L. 99-576, Sec. 701(2)(E), substituted
    "surviving spouse" for "widow" wherever appearing, and "such
    person" for "her".
      Subsec. (d)(3). Pub. L. 99-576, Sec. 701(2)(F), substituted
    "surviving spouse" for "widow" wherever appearing, "person" for
    "man", "himself or herself" for "herself", "that person's spouse"
    for "his wife", and "that person" for "her".
      1974 - Subsec. (e). Pub. L. 93-527 designated existing provisions
    as par. (1) and added par. (2).
      1970 - Subsec. (d). Pub. L. 91-376 designated existing provisions
    as par. (1) and added pars. (2) and (3).
      1967 - Subsec. (a). Pub. L. 90-77 reduced cohabitation period
    from five years to one year for purposes of deeming a purported
    marriage valid and provided for cohabitation for any period of time
    if a child was born of the purported marriage or was born before
    the marriage.
      1962 - Subsecs. (d), (e). Pub. L. 87-674 added subsecs. (d) and
    (e).

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Pub. L. 108-183, title I, Sec. 101(c), Dec. 16, 2003, 117 Stat.
    2653, provided that: "The amendments made by subsections (a) and
    (b) [amending this section and section 1311 of this title] shall
    take effect on January 1, 2004."

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-330, title I, Sec. 101(c), Dec. 6, 2002, 116 Stat.
    2821, provided that: "The amendments made by this section [amending
    this section] shall take effect on the date that is 60 days after
    the date of the enactment of this Act [Dec. 6, 2002]."

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Pub. L. 106-117, title V, Sec. 502(c), Nov. 30, 1999, 113 Stat.
    1574, provided that: "The amendments made by subsections (a) and
    (b) [amending this section and section 1311 of this title] shall
    take effect on the first day of the first month beginning after the
    month in which this Act is enacted [November 1999]."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 8004(b) of Pub. L. 101-508 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply with
    respect to claims filed after October 31, 1990, and shall not
    operate to reduce or terminate benefits to any individual whose
    benefits were predicated on section 103(d)(2), 103(d)(3), or
    103(e)(2) before the effective date of those amendments."

                     EFFECTIVE DATE OF 1974 AMENDMENT                 
      Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section
    10 of Pub. L. 93-527, set out as a note under section 1521 of this
    title.

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Amendment by Pub. L. 91-376 effective Jan. 1, 1971, see section 9
    of Pub. L. 91-376, set out as a note under section 1114 of this
    title.

                     EFFECTIVE DATE OF 1967 AMENDMENT                 
      Amendment by Pub. L. 90-77 effective first day of first calendar
    month which begins more than ten days after Aug. 31, 1967, see
    section 405 of Pub. L. 90-77, set out as a note under section 101
    of this title.

                      RETROACTIVE BENEFITS PROHIBITED                  
      Pub. L. 108-183, title I, Sec. 101(d), Dec. 16, 2003, 117 Stat.
    2653, provided that: "No benefit may be paid to any person by
    reason of the amendments made by subsections (a) and (b) [amending
    this section and section 1311 of this title] for any period before
    the effective date specified in subsection (c) [set out as an
    Effective Date of 2003 Amendment note above]."

                         APPLICATION FOR BENEFITS                     
      Pub. L. 108-183, title I, Sec. 101(e), Dec. 16, 2003, 117 Stat.
    2653, provided that: "In the case of an individual who but for
    having remarried would be eligible for benefits under title 38,
    United States Code, by reason of the amendment made by subsection
    (a) [amending this section] and whose remarriage was before the
    date of the enactment of this Act [Dec. 16, 2003] and after the
    individual had attained age 57, the individual shall be eligible
    for such benefits by reason of such amendment only if the
    individual submits an application for such benefits to the
    Secretary of Veterans Affairs not later than the end of the one-
    year period beginning on the date of the enactment of this Act."
      Pub. L. 107-330, title I, Sec. 101(b), Dec. 6, 2002, 116 Stat.
    2821, as amended by Pub. L. 108-183, title I, Sec. 101(f), Dec. 16,
    2003, 117 Stat. 2653, provided that: "In the case of an individual
    who but for having remarried would be eligible for medical care
    under section 1781 of title 38, United States Code, and whose
    remarriage was before the date of the enactment of this Act [Dec.
    6, 2002] and after the individual had attained age 55, the
    individual shall be eligible for such medical care by reason of the
    amendments made by subsection (a) [amending this section] only if
    an application for such medical care is received by the Secretary
    of Veterans Affairs before the end of the one-year period beginning
    on the date of the enactment of the Veterans Benefits Act of 2003
    [Dec. 16, 2003]."

                          LIMITATION ON PAYMENTS                      
      Pub. L. 106-117, title V, Sec. 502(d), Nov. 30, 1999, 113 Stat.
    1574, provided that: "No payment may be made to a person by reason
    of paragraphs (2) and (3) of section 103(d) of title 38, United
    States Code, as added by subsection (a), for any period before the
    effective date specified in subsection (c) [set out as an Effective
    Date of 1999 Amendment note above]."

                        APPLICABILITY OF AMENDMENTS                    
      Pub. L. 102-568, title I, Sec. 103, Oct. 29, 1992, 106 Stat.
    4322, provided that:
      "(a) Exception. - The amendments made by section 8004 of the
    Omnibus Budget Reconciliation Act of 1990 (105 Stat. 424) [Pub. L.
    101-508, 104 Stat. 1388-343, amending this section] shall not apply
    to any case in which a legal proceeding to terminate an existing
    marital relationship was commenced before November 1, 1990, by an
    individual described in subsection (b) if that proceeding directly
    resulted in the termination of such marriage.
      "(b) Covered Individuals. - An individual referred to in
    subsection (a) is an individual who, but for the marital
    relationship referred to in subsection (a), would be considered to
    be the surviving spouse of a veteran."
      Pub. L. 102-86, title V, Sec. 502, Aug. 14, 1991, 105 Stat. 424,
    provided that: "The amendments made by section 8004 of the Omnibus
    Budget Reconciliation Act of 1990 (Public Law 101-508) [amending
    this section] shall not apply with respect to any individual who on
    October 31, 1990, was a surviving spouse or child within the
    meaning of title 38, United States Code, unless after that date
    that individual (1) marries, or (2) in the case of a surviving
    spouse, begins to live with another person while holding himself or
    herself out openly to the public as that person's spouse."

    REINSTATEMENT OF BENEFITS SUBSEQUENT TO TERMINATION OF RELATIONSHIP
    OR CONDUCT RESTRICTING PAYMENT OF BENEFITS; EFFECTIVE DATE OF AWARD
      Section 5 of Pub. L. 91-376, effective January 1, 1971, provided
    that:
      "(a) If a widow terminates a relationship or conduct which
    resulted in imposition of a prior restriction on payment of
    benefits, in the nature of inference or presumption of remarriage,
    or relating to open and notorious adulterous cohabitation or
    similar conduct, she shall not be denied any benefits by the
    Veterans' Administration, other than insurance, solely because of
    such prior relationship or conduct.
      "(b) The effective date of an award of benefits resulting from
    enactment of subsection (a) of this section shall not be earlier
    than the date of receipt of application therefor, filed after
    termination of the particular relationship or conduct and after
    December 31, 1970."

-End-

-CITE-
    38 USC Sec. 104                                             01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART I - GENERAL PROVISIONS
    CHAPTER 1 - GENERAL

-HEAD-
    Sec. 104. Approval of educational institutions

-STATUTE-
      (a) For the purpose of determining whether or not benefits are
    payable under this title (except chapter 35 of this title) for a
    child over the age of eighteen years and under the age of twenty-
    three years who is attending a school, college, academy, seminary,
    technical institute, university, or other educational institution,
    the Secretary may approve or disapprove such educational
    institutions.
      (b) The Secretary may not approve an educational institution
    under this section unless such institution has agreed to report to
    the Secretary the termination of attendance of any child. If any
    educational institution fails to report any such termination
    promptly, the approval of the Secretary shall be withdrawn.

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

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83 substituted "Secretary" for "Administrator"
    wherever appearing.
      1986 - Subsec. (b). Pub. L. 99-576 substituted "report to the
    Administrator" for "report to him".
      1969 - Subsec. (a). Pub. L. 91-24 substituted "the age of twenty-
    three years" for "the age of twenty-one years".

-End-

-CITE-
    38 USC Sec. 105                                             01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART I - GENERAL PROVISIONS
    CHAPTER 1 - GENERAL

-HEAD-
    Sec. 105. Line of duty and misconduct

-STATUTE-
      (a) An injury or disease incurred during active military, naval,
    or air service will be deemed to have been incurred in line of duty
    and not the result of the veteran's own misconduct when the person
    on whose account benefits are claimed was, at the time the injury
    was suffered or disease contracted, in active military, naval, or
    air service, whether on active duty or on authorized leave, unless
    such injury or disease was a result of the person's own willful
    misconduct or abuse of alcohol or drugs. Venereal disease shall not
    be presumed to be due to willful misconduct if the person in
    service complies with the regulations of the appropriate service
    department requiring the person to report and receive treatment for
    such disease.
      (b) The requirement for line of duty will not be met if it
    appears that at the time the injury was suffered or disease
    contracted the person on whose account benefits are claimed (1) was
    avoiding duty by deserting the service or by absenting himself or
    herself without leave materially interfering with the performance
    of military duties; (2) was confined under sentence of court-
    martial involving an unremitted dishonorable discharge; or (3) was
    confined under sentence of a civil court for a felony (as
    determined under the laws of the jurisdiction where the person was
    convicted by such court).
      (c) For the purposes of any provision relating to the extension
    of a delimiting period under any education-benefit or
    rehabilitation program administered by the Secretary, the disabling
    effects of chronic alcoholism shall not be considered to be the
    result of willful misconduct.

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

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (c). Pub. L. 102-83 substituted "administered by
    the Secretary" for "administered by the Veterans' Administration".
      1990 - Subsec. (a). Pub. L. 101-508 substituted "a result of the
    person's own willful misconduct or abuse of alcohol or drugs" for
    "the result of the person's own willful misconduct".
      1988 - Subsec. (c). Pub. L. 100-689 added subsec. (c).
      1986 - Subsec. (a). Pub. L. 99-576, Sec. 701(4)(A), substituted
    "result of the person's" for "result of his" and "requiring the
    person" for "requiring him".
      Subsec. (b)(1). Pub. L. 99-576, Sec. 701(4)(B), substituted
    "service or by absenting himself or herself" for "service, or by
    absenting himself".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 8052(b) of Pub. L. 101-508 provided that: "The amendments
    made by subsection (a) [amending this section and sections 310 and
    331 [now 1110 and 1131] of this title] shall take effect with
    respect to claims filed after October 31, 1990."

-End-

-CITE-
    38 USC Sec. 106                                             01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART I - GENERAL PROVISIONS
    CHAPTER 1 - GENERAL

-HEAD-
    Sec. 106. Certain service deemed to be active service

-STATUTE-
      (a)(1) Service as a member of the Women's Army Auxiliary Corps
    for ninety days or more by any woman who before October 1, 1943,
    was honorably discharged for disability incurred or aggravated in
    line of duty which rendered her physically unfit to perform further
    service in the Women's Army Auxiliary Corps or the Women's Army
    Corps shall be considered active duty for the purposes of all laws
    administered by the Secretary.
      (2) Any person entitled to compensation or pension by reason of
    this subsection and to employees' compensation based upon the same
    service under subchapter I of chapter 81 of title 5 must elect
    which benefit she will receive.
      (b) Any person - 
        (1) who has applied for enlistment or enrollment in the active
      military, naval, or air service and has been provisionally
      accepted and directed or ordered to report to a place for final
      acceptance into such service; or
        (2) who has been selected or drafted for service in the Armed
      Forces and has reported pursuant to the call of the person's
      local draft board and before rejection; or
        (3) who has been called into the Federal service as a member of
      the National Guard, but has not been enrolled for the Federal
      service; and

    who has suffered an injury or contracted a disease in line of duty
    while en route to or from, or at, a place for final acceptance or
    entry upon active duty, will, for the purposes of chapters 11, 13,
    19, 21, 31, and 39 of this title, and for purposes of determining
    service-connection of a disability under chapter 17 of this title,
    be considered to have been on active duty and to have incurred such
    disability in the active military, naval, or air service.
      (c) For the purposes of this title, an individual discharged or
    released from a period of active duty shall be deemed to have
    continued on active duty during the period of time immediately
    following the date of such discharge or release from such duty
    determined by the Secretary concerned to have been required for
    that individual to proceed to that individual's home by the most
    direct route, and in any event that individual shall be deemed to
    have continued on active duty until midnight of the date of such
    discharge or release.
      (d)(1) For the purposes of this title, any individual - 
        (A) who, when authorized or required by competent authority,
      assumes an obligation to perform active duty for training or
      inactive duty training; and
        (B) who is disabled or dies from an injury or covered disease
      incurred while proceeding directly to or returning directly from
      such active duty for training or inactive duty training, as the
      case may be;

    shall be deemed to have been on active duty for training or
    inactive duty training, as the case may be, at the time such injury
    or covered disease was incurred.
      (2) In determining whether or not such individual was so
    authorized or required to perform such duty, and whether or not
    such individual was disabled or died from injury or covered disease
    so incurred, the Secretary shall take into account the hour on
    which such individual began so to proceed or to return; the hour on
    which such individual was scheduled to arrive for, or on which such
    individual ceased to perform, such duty; the method of travel
    employed; the itinerary; the manner in which the travel was
    performed; and the immediate cause of disability or death.
      (3) Whenever any claim is filed alleging that the claimant is
    entitled to benefits by reason of this subsection, the burden of
    proof shall be on the claimant.
      (4) For purposes of this subsection, the term "covered disease"
    means any of the following:
        (A) Acute myocardial infarction.
        (B) A cardiac arrest.
        (C) A cerebrovascular accident.

      (e) Each person who has incurred a disability as a result of an
    injury or disease described in subsection (b) shall be entitled to
    the same rights, privileges, and benefits under title 5 as a
    preference eligible described in section 2108(3)(C) of title 5.
      (f) Service as a member of the Alaska Territorial Guard during
    World War II of any individual who was honorably discharged
    therefrom under section 8147 of the Department of Defense
    Appropriations Act, 2001, shall be considered active duty for
    purposes of all laws administered by the Secretary.

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

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 8147 of the Department of Defense Appropriations Act,
    2001, referred to in subsec. (f), is section 8147 of Pub. L. 106-
    259, which amended this section and enacted provisions set out as
    a note below.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (d). Pub. L. 106-419 designated first sentence as
    par. (1), redesignated former pars. (1) and (2) as subpars. (A) and
    (B), respectively, of par. (1), and inserted "or covered disease"
    after "injury" in subpar. (B) and in concluding provisions,
    designated second sentence as par. (2) and inserted "or covered
    disease" after "injury", designated third sentence as par. (3), and
    added par. (4).
      Subsec. (f). Pub. L. 106-259 added subsec. (f).
      1991 - Subsec. (a)(1). Pub. L. 102-83, Sec. 4(a)(1), substituted
    "administered by the Secretary" for "administered by the Veterans'
    Administration".
      Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for "Administrator" in concluding provisions.
      1986 - Subsec. (b)(2). Pub. L. 99-576, Sec. 701(5)(A),
    substituted "the person's" for "his".
      Subsec. (c). Pub. L. 99-576, Sec. 701(5)(B), substituted
    "required for that individual" for "required for him", "proceed to
    that individual's home" for "proceed to his home", and "in any
    event that individual" for "in any event he".
      Subsec. (d). Pub. L. 99-576, Sec. 701(5)(C), struck out "by him"
    after "injury incurred" in cl. (2), and in closing provisions,
    substituted "such individual was disabled" for "he was disabled",
    "on which such individual began" for "on which he began", "such
    individual was scheduled" for "he was scheduled", "such individual
    ceased" for "he ceased", and "the itinerary" for "his itinerary".
      1982 - Subsec. (a)(2). Pub. L. 97-295, Sec. 4(3)(A), substituted
    "subchapter I of chapter 81 of title 5" for "the Federal Employees'
    Compensation Act".
      Subsec. (e). Pub. L. 97-295, Sec. 4(3)(B), substituted "title 5
    as a preference eligible described in section 2108(3)(C) of title
    5" for "the Act of June 27, 1944, (58 Stat. 387-391), as a person
    described in section 2(1) of such Act".
      1965 - Subsec. (e). Pub. L. 89-311 added subsec. (e).
      1964 - Subsec. (d)(2). Pub. L. 88-616 struck out "after December
    31, 1956," after "injury incurred".
      1961 - Subsec. (c). Pub. L. 87-102 extended provisions for
    benefits based on limited periods immediately following discharge
    from active duty after December 31, 1956 to veterans discharged
    before such date.

                     EFFECTIVE DATE OF 1961 AMENDMENT                 
      Section 2 of Pub. L. 87-102 provided that: "No monetary benefits
    shall accrue by reason of the amendments made by this Act [amending
    this section] for any period prior to the date of enactment [July
    21, 1961]."

                    SERVICE IN ALASKA TERRITORIAL GUARD                
      Pub. L. 106-259, title VIII, Sec. 8147(b), (c), Aug. 9, 2000, 114
    Stat. 705, provided that:
      "(b) Discharge. - (1) The Secretary of Defense shall issue to
    each individual who served as a member of the Alaska Territorial
    Guard during World War II a discharge from such service under
    honorable conditions if the Secretary determines that the nature
    and duration of the service of the individual so warrants.
      "(2) A discharge under paragraph (1) shall designate the date of
    discharge. The date of discharge shall be the date, as determined
    by the Secretary, of the termination of service of the individual
    concerned as described in that paragraph.
      "(c) Prohibition on Retroactive Benefits. - No benefits shall be
    paid to any individual for any period before the date of the
    enactment of this Act [Aug. 9, 2000] by reason of the enactment of
    this section [amending this section and enacting this note]."

                     WOMEN'S AIR FORCES SERVICE PILOTS                 
      Pub. L. 95-202, title IV, Sec. 401, Nov. 23, 1977, 91 Stat. 1449,
    as amended by Pub. L. 96-466, title VIII, Sec. 801(m)(3), Oct. 17,
    1980, 94 Stat. 2217; Pub. L. 98-94, title XII, Sec. 1263(a), Sept.
    24, 1983, 97 Stat. 703; Pub. L. 102-83, Sec. 6(b), Aug. 6, 1991,
    105 Stat. 407, provided that:
      "(a)(1) Notwithstanding any other provision of law, the service
    of any person as a member of the Women's Air Forces Service Pilots
    (a group of Federal civilian employees attached to the United
    States Army Air Force during World War II), or the service of any
    person in any other similarly situated group the members of which
    rendered service to the Armed Forces of the United States in a
    capacity considered civilian employment or contractual service at
    the time such service was rendered, shall be considered active duty
    for the purposes of all laws administered by the Secretary of
    Veterans Affairs if the Secretary of Defense, pursuant to
    regulations which the Secretary shall prescribe - 
        "(A) after a full review of the historical records and all
      other available evidence pertaining to the service of any such
      group, determines, on the basis of judicial and other appropriate
      precedent, that the service of such group constituted active
      military service, and
        "(B) in the case of any such group with respect to which such
      Secretary has made an affirmative determination that the service
      of such group constituted active military service, issues to each
      member of such group a discharge from such service under
      honorable conditions where the nature and duration of the service
      of such member so warrants.
    Discharges issued pursuant to the provisions of the first sentence
    of this paragraph shall designate as the date of discharge that
    date, as determined by the Secretary of Defense, on which such
    service by the person concerned was terminated.
      "(2) In making a determination under clause (A) of paragraph (1)
    of this subsection with respect to any group described in such
    paragraph, the Secretary of Defense may take into consideration the
    extent to which - 
        "(A) such group received military training and acquired a
      military capability or the service performed by such group was
      critical to the success of a military mission,
        "(B) the members of such group were subject to military
      justice, discipline, and control,
        "(C) the members of such group were permitted to resign,
        "(D) the members of such group were susceptible to assignment
      for duty in a combat zone, and
        "(E) the members of such group had reasonable expectations that
      their service would be considered to be active military service.
      "(b)(1) No benefits shall be paid to any person for any period
    prior to the date of enactment of this title [Nov. 23, 1977] as a
    result of the enactment of subsection (a) of this section.
      "(2) The provisions of section 106(a)(2) of title 38, United
    States Code, relating to election of benefits, shall be applicable
    to persons made eligible for benefits, under laws administered by
    the Secretary of Veterans Affairs, as a result of implementation of
    the provisions of subsection (a) of this section.
      "(c) Under regulations prescribed by the Secretary of Defense,
    any person who is issued a discharge under honorable conditions
    pursuant to the implementation of subsection (a) of this section
    may be awarded any campaign or service medal warranted by such
    person's service."
      [Section 1263(b) of Pub. L. 98-94 provided that: "The amendment
    made by subsection (a) [enacting subsec. (c) set out above] shall
    apply to all persons issued discharges under honorable conditions
    pursuant to section 401 of the GI Bill Improvements Act of 1977
    [Pub. L. 95-202, set out above] whether such discharges are awarded
    before, on, or after the date of the enactment of this Act [Sept.
    24, 1983]."]
      [Amendment of subsec. (a)(1)(B), set out above, by Pub. L. 96-
    466, effective Oct. 1, 1980, see section 802(h) of Pub. L. 96-466,
    set out as an Effective Date of 1980 Amendment note under section
    3452 of this title.]

-End-

-CITE-
    38 USC Sec. 107                                             01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART I - GENERAL PROVISIONS
    CHAPTER 1 - GENERAL

-HEAD-
    Sec. 107. Certain service deemed not to be active service

-STATUTE-
      (a) Service before July 1, 1946, in the organized military forces
    of the Government of the Commonwealth of the Philippines, while
    such forces were in the service of the Armed Forces of the United
    States pursuant to the military order of the President dated July
    26, 1941, including among such military forces organized guerrilla
    forces under commanders appointed, designated, or subsequently
    recognized by the Commander in Chief, Southwest Pacific Area, or
    other competent authority in the Army of the United States, shall
    not be deemed to have been active military, naval, or air service
    for the purposes of any law of the United States conferring rights,
    privileges, or benefits upon any person by reason of the service of
    such person or the service of any other person in the Armed Forces,
    except benefits under - 
        (1) contracts of National Service Life Insurance entered into
      before February 18, 1946;
        (2) chapter 10 of title 37; and
        (3) chapters 11, 13 (except section 1312(a)), 23, and 24 (to
      the extent provided for in section 2402(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(8)) of this title.

    Except as provided in subsection (c) or (d), payments under such
    chapters shall be made at a rate of $0.50 for each dollar
    authorized, and where annual income is a factor in entitlement to
    benefits, the dollar limitations in the law specifying such annual
    income shall apply at a rate of $0.50 for each dollar.
      (c) In the case of benefits under subchapters II and IV of
    chapter 11 of this title and subchapter II of chapter 13 (except
    section 1312(a)) of this title paid by reason of service described
    in subsection (a) or (b) to an individual residing in the United
    States who is a citizen of, or an alien lawfully admitted for
    permanent residence in, the United States, the second sentence of
    the applicable subsection shall not apply.
      (d)(1) With respect to benefits under chapter 23 of this title,
    in the case of an individual described in paragraph (2), the second
    sentence of subsection (a) or (b), as otherwise applicable, shall
    not apply.
      (2) Paragraph (1) applies to any individual whose service is
    described in subsection (a) and who dies after November 1, 2000, or
    whose service is described in subsection (b) and who dies after the
    date of the enactment of the Veterans Benefits Act of 2003, if the
    individual, on the individual's date of death - 
        (A) is a citizen of, or an alien lawfully admitted for
      permanent residence in, the United States;
        (B) is residing in the United States; and
        (C) either - 
          (i) is receiving compensation under chapter 11 of this title;
        or
          (ii) if the individual's service had been deemed to be active
        military, naval, or air service, would have been paid pension
        under section 1521 of this title without denial or
        discontinuance by reason of section 1522 of this title.

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

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 14 of the Armed Forces Voluntary Recruitment Act of 1945,
    referred to in subsec. (b), is section 14 of act Oct. 6, 1945, ch.
    393, 59 Stat. 543, which enacted section 637 of former Title 10,
    Army and Air Force, and was omitted from the Code in the revision
    and reenactment of Title 10, Armed Forces, by act Aug. 10, 1956,
    ch. 1041, 70A Stat. 1.
      Sections 620 and 621 of the National Service Life Insurance Act
    of 1940, referred to in subsec. (b)(1), are sections 620 and 621 of
    act Oct. 8, 1940, ch. 757, title VI, pt. I, as added Apr. 25, 1951,
    ch. 39, pt. II, Sec. 10, 65 Stat. 36, which enacted sections 820
    and 821 of former Title 38, Pensions, Bonuses, and Veterans'
    Relief, which were repealed and the provisions thereof reenacted as
    sections 722(a) and 723 [now 1922(a) and 1923] of this title by
    Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1105.
      The date of the enactment of the Veterans Benefits Act of 2003,
    referred to in subsec. (d)(2), is the date of enactment of Pub. L.
    108-183, which was approved Dec. 16, 2003.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b). Pub. L. 108-183, Sec. 212(a)(2), inserted "or
    (d)" after "subsection (c)" in second sentence.
      Pub. L. 108-183, Sec. 211(a)(1), substituted "Except as provided
    in subsection (c), payments" for "Payments" in second sentence.
      Subsec. (b)(2). Pub. L. 108-183, Sec. 212(a)(1), substituted a
    comma for "and" after "chapters 11" and inserted ", 23, and 24 (to
    the extent provided for in section 2402(8))" after "(except section
    1312(a))".
      Subsec. (c). Pub. L. 108-183, Sec. 211(a)(2), substituted "in
    subsection (a) or (b)" for "in subsection (a)" and "of the
    applicable subsection" for "of subsection (a)" and inserted "and
    subchapter II of chapter 13 (except section 1312(a)) of this title"
    after "chapter 11 of this title".
      Subsec. (d)(1). Pub. L. 108-183, Sec. 212(a)(3), inserted "or
    (b), as otherwise applicable," after "subsection (a)".
      Subsec. (d)(2). Pub. L. 108-183, Sec. 212(a)(4), inserted "or
    whose service is described in subsection (b) and who dies after the
    date of the enactment of the Veterans Benefits Act of 2003," after
    "November 1, 2000," in introductory provisions.
      2002 - Subsec. (d)(2). Pub. L. 107-330 substituted "November 1,
    2000," for "the date of the enactment of this subsection" in
    introductory provisions.
      2001 - Subsec. (a). Pub. L. 107-14, Sec. 8(a)(1)(A), inserted "or
    (d)" after "subsection (c)" in concluding provisions.
      Subsecs. (c), (d). Pub. L. 107-14, Sec. 8(a)(1)(B), (C),
    redesignated subsec. (c) relating to the inapplicability of the
    second sentence of subsec. (a) to an individual described in
    paragraph (2) as (d) and substituted "With respect to benefits
    under chapter 23 of this title, in" for "In" in par. (1).
      2000 - Subsec. (a). Pub. L. 106-419, Sec. 332(a)(1), which
    directed substitution of "Subject to subsection (c), payments" for
    "Payments", could not be executed because "Payments" did not appear
    subsequent to the amendment by Pub. L. 106-377, Sec. 1(a)(1) [title
    V, Sec. 501(a)(1)(A)]. See below.
      Pub. L. 106-377, Sec. 1(a)(1) [title V, Sec. 501(a)(1)(A)],
    substituted "Except as provided in subsection (c), payments" for
    "Payments" in concluding provisions.
      Subsec. (a)(3). Pub. L. 106-419, Sec. 331(b), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "chapters
    11, 13 (except section 1312(a)), and 23 of this title."
      Subsec. (c). Pub. L. 106-419, Sec. 332(a)(2), added subsec. (c)
    relating to the inapplicability of the second sentence of subsec.
    (a) to an individual described in paragraph (2).
      Pub. L. 106-377, Sec. 1(a)(1) [title V, Sec. 501(a)(1)(B)], added
    subsec. (c) relating to the inapplicability of the second sentence
    of subsec. (a) to cases of benefits under subchapters II and IV of
    chapter 11 of this title paid to United States citizens or to
    permanent resident aliens.
      1994 - Subsecs. (a), (b). Pub. L. 103-446 substituted "rate of"
    for "rate in pesos as is equivalent to" and for "rate in Philippine
    pesos as is equivalent to" in second sentence.
      1991 - Subsec. (a)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted
    "1312(a)" for "412(a)".
      Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1922" for
    "722" in par. (1)(C) and "1312(a)" for "412(a)" in par. (2).
      Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the
    Secretary" for "administered by the Veterans' Administration".
      1986 - Subsec. (a). Pub. L. 99-576 substituted "that such
    member's" for "that his" in last sentence.
      1982 - Subsec. (a)(2). Pub. L. 97-295 substituted "chapter 10 of
    title 37" for "the Missing Persons Act".
      1966 - Pub. L. 89-641 increased the specified dollar/peso rate
    for payments from one peso for each dollar otherwise authorized to
    a rate in Philippine pesos equivalent to $0.50 for each dollar.
      1961 - Pub. L. 87-268 substituted "section 412(a)" for "sections
    412" wherever appearing.

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Pub. L. 108-183, title II, Sec. 211(b), Dec. 16, 2003, 117 Stat.
    2657, provided that: "The amendments made by subsection (a)
    [amending this section] shall apply to benefits paid for months
    beginning after the date of the enactment of this Act [Dec. 16,
    2003]."
      Pub. L. 108-183, title II, Sec. 212(c), Dec. 16, 2003, 117 Stat.
    2658, provided that: "The amendments made by this section [amending
    this section and section 2402 of this title] shall apply with
    respect to deaths occurring on or after the date of the enactment
    of this Act [Dec. 16, 2003]."

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Pub. L. 107-14, Sec. 8(a)(1), June 5, 2001, 115 Stat. 34,
    provided that the amendment made by section 8(a)(1) is effective
    Nov. 1, 2000.

                     EFFECTIVE DATE OF 2000 AMENDMENTS                 
      Pub. L. 106-419, title III, Sec. 331(c), Nov. 1, 2000, 114 Stat.
    1856, provided that: "The amendments made by this section [amending
    this section and section 2402 of this title] shall apply with
    respect to deaths occurring on or after the date of the enactment
    of this Act [Nov. 1, 2000]."
      Pub. L. 106-419, title III, Sec. 332(b), Nov. 1, 2000, 114 Stat.
    1856, provided that: "No benefits shall accrue to any person for
    any period before the date of the enactment of this Act [Nov. 1,
    2000] by reason of the amendments made by subsection (a) [amending
    this section]."
      Pub. L. 106-377, Sec. 1(a)(1) [title V, Sec. 501(a)(2)], Oct. 27,
    2000, 114 Stat. 1441, 1441A-57, provided that: "The amendments made
    by paragraph (1) [amending this section] shall take effect on the
    date of the enactment of this Act [Oct. 27, 2000] and shall apply
    to benefits paid for months beginning on or after that date."

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

                     EFFECTIVE DATE OF 1966 AMENDMENT                 
      Section 2(b) of Pub. L. 89-641 provided that: "The amendments
    made by subsection (a) of this section [amending this section]
    shall take effect on the first day of the second calendar month
    which begins after the date of enactment of this Act [Oct. 11,
    1966]."

                     EFFECTIVE DATE OF 1961 AMENDMENT                 
      Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3
    of Pub. L. 87-268, set out as a note under section 1312 of this
    title.

    REFUND OF ERRONEOUSLY DEDUCTED NSLI PREMIUM TO PHILIPPINE VETERANS
                           ON PROPER APPLICATION
      Section 1 of Pub. L. 89-641 provided for refund of erroneously
    deducted insurance premiums to Philippine armed forces members in
    service of the United States Armed Forces, such refund to be made
    upon receipt of an application within two years after Oct. 11,
    1966. In event of death of such member, refund was to be made only
    to widow or widower, children or parents of such member, in that
    order, with no refunds to heirs or legal representatives.

-End-

-CITE-
    38 USC Sec. 108                                             01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART I - GENERAL PROVISIONS
    CHAPTER 1 - GENERAL

-HEAD-
    Sec. 108. Seven-year absence presumption of death

-STATUTE-
      (a) No State law providing for presumption of death shall be
    applicable to claims for benefits under laws administered by the
    Secretary.
      (b) If evidence satisfactory to the Secretary is submitted
    establishing the continued and unexplained absence of any
    individual from that individual's home and family for seven or more
    years, and establishing that after diligent search no evidence of
    that individual's existence after the date of disappearance has
    been found or received, the death of such individual as of the date
    of the expiration of such period shall be considered as
    sufficiently proved.
      (c) Except in a suit brought pursuant to section 1984 of this
    title, the finding of death made by the Secretary shall be final
    and conclusive.

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

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a). Pub. L. 102-83, Sec. 4(a)(1), substituted
    "administered by the Secretary" for "administered by the Veterans'
    Administration".
      Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for "Administrator".
      Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1984" for
    "784".
      Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
    "Administrator".
      1986 - Subsec. (b). Pub. L. 99-576 substituted "that
    individual's" for "his" in two places.

-End-

-CITE-
    38 USC Sec. 109                                             01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART I - GENERAL PROVISIONS
    CHAPTER 1 - GENERAL

-HEAD-
    Sec. 109. Benefits for discharged members of allied forces

-STATUTE-
      (a)(1) In consideration of reciprocal services extended to the
    United States, the Secretary, upon request of the proper officials
    of the government of any nation allied or associated with the
    United States in World War I (except any nation which was an enemy
    of the United States during World War II), or in World War II, may
    furnish to discharged members of the armed forces of such
    government, under agreements requiring reimbursement in cash of
    expenses so incurred, at such rates and under such regulations as
    the Secretary may prescribe, medical, surgical, and dental
    treatment, hospital care, transportation and traveling expenses,
    prosthetic appliances, education, training, or similar benefits
    authorized by the laws of such nation for its veterans, and
    services required in extending such benefits. Hospitalization in a
    Department facility shall not be afforded under this section,
    except in emergencies, unless there are available beds surplus to
    the needs of veterans of this country. The Secretary may also pay
    the court costs and other expenses incident to the proceedings
    taken for the commitment of such discharged members who are
    mentally incompetent to institutions for the care or treatment of
    the insane.
      (2) The Secretary, in carrying out the provisions of this
    subsection, may contract for necessary services in private, State,
    and other Government hospitals.
      (3) All amounts received by the Department as reimbursement for
    such services shall be credited to the current appropriation of the
    Department from which expenditures were made under this subsection.
      (b) Persons who served in the active service in the armed forces
    of any government allied with the United States in World War II and
    who at time of entrance into such active service were citizens of
    the United States shall, by virtue of such service, and if
    otherwise qualified, be entitled to the benefits of chapters 31 and
    37 of this title in the same manner and to the same extent as
    veterans of World War II are entitled. No such benefit shall be
    extended to any person who is not a resident of the United States
    at the time of filing claim, or to any person who has applied for
    and received the same or any similar benefit from the government in
    whose armed forces such person served.
      (c)(1) Any person who served during World War I or World War II
    as a member of any armed force of the Government of Czechoslovakia
    or Poland and participated while so serving in armed conflict with
    an enemy of the United States and has been a citizen of the United
    States for at least ten years shall, by virtue of such service, and
    upon satisfactory evidence thereof, be entitled to hospital and
    domiciliary care and medical services within the United States
    under chapter 17 of this title to the same extent as if such
    service had been performed in the Armed Forces of the United States
    unless such person is entitled to, or would, upon application
    thereof, be entitled to, payment for equivalent care and services
    under a program established by the foreign government concerned for
    persons who served in its armed forces in World War I or World War
    II.
      (2) In order to assist the Secretary in making a determination of
    proper service eligibility under this subsection, each applicant
    for the benefits thereof shall furnish an authenticated
    certification from the French Ministry of Defense or the British
    War Office as to records in either such Office which clearly
    indicate military service of the applicant in the Czechoslovakian
    or Polish armed forces and subsequent service in or with the armed
    forces of France or Great Britain during the period of World War I
    or World War II.

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

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
    substituted "Secretary" for "Administrator" wherever appearing.
      Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
    "Veterans' Administration".
      Subsec. (a)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for "Administrator".
      Subsec. (a)(3). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
    "Department" for "Veterans' Administration" in two places.
      Subsec. (c)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for "Administrator".
      1986 - Subsec. (b). Pub. L. 99-576 substituted "such person" for
    "he".
      1976 - Subsec. (c). Pub. L. 94-491 added subsec. (c).

-End-

-CITE-
    38 USC Sec. 110                                             01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART I - GENERAL PROVISIONS
    CHAPTER 1 - GENERAL

-HEAD-
    Sec. 110. Preservation of disability ratings

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

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

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83 substituted "Secretary" for "Administrator"
    and substituted "administered by the Secretary" for "administered
    by the Veterans' Administration" in two places.
      1969 - Pub. L. 91-32 substituted "evaluation" for "percentage"
    wherever appearing.
      1964 - Pub. L. 88-445 substituted "Preservation of disability
    ratings" for "Preservation of total disability ratings" in section
    catchline, and inserted sentence directing that a disability which
    has been continuously rated at or above any percentage for twenty
    or more years for compensation purposes shall not thereafter be
    rated at less than such percentage, except upon a showing that such
    rating was based on fraud.
      1962 - Pub. L. 87-825 provided for computation of the period from
    the date the Administrator determines as the date the status
    commenced for rating purposes.

                     EFFECTIVE DATE OF 1969 AMENDMENT                 
      Section 1 of Pub. L. 91-32 provided that the amendment made by
    that section is effective Aug. 19, 1964.

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

-End-

-CITE-
    38 USC Sec. 111                                             01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART I - GENERAL PROVISIONS
    CHAPTER 1 - GENERAL

-HEAD-
    Sec. 111. Payments or allowances for beneficiary travel

-STATUTE-
      (a) Under regulations prescribed by the President pursuant to the
    provisions of this section, the Secretary may pay the actual
    necessary expense of travel (including lodging and subsistence), or
    in lieu thereof an allowance based upon mileage traveled, of any
    person to or from a Department facility or other place in
    connection with vocational rehabilitation, counseling required by
    the Secretary pursuant to chapter 34 or 35 of this title, or for
    the purpose of examination, treatment, or care. In addition to the
    mileage allowance authorized by this section, there may be allowed
    reimbursement for the actual cost of ferry fares, and bridge, road,
    and tunnel tolls.
      (b)(1) Except as provided in subsection (c) of this section and
    notwithstanding subsection (g)(2)(A) of this section or any other
    provision of law, if, with respect to any fiscal year, the
    Secretary exercises the authority under this section to make any
    payments, the Secretary shall make the payments provided for in
    this section to or for the following persons for travel during such
    fiscal year for examination, treatment, or care for which the
    person is eligible:
        (A) A veteran or other person whose travel is in connection
      with treatment or care for a service-connected disability.
        (B) A veteran with a service-connected disability rated at 30
      percent or more.
        (C) A veteran receiving pension under section 1521 of this
      title.
        (D) A veteran (i) whose annual income (as determined under
      section 1503 of this title) does not exceed the maximum annual
      rate of pension which would be payable to such veteran if such
      veteran were eligible for pension under section 1521 of this
      title, or (ii) who is determined, under regulations prescribed by
      the Secretary, to be unable to defray the expenses of the travel
      for which payment under this section is claimed.
        (E) Subject to paragraph (3) of this subsection, a veteran or
      other person whose travel to or from a Department facility is
      medically required to be performed by a special mode of travel
      and who is determined under such regulations to be unable to
      defray the expenses of the travel for which payment under this
      section is claimed.
        (F) A veteran whose travel to a Department facility is incident
      to a scheduled compensation and pension examination.

      (2) The Secretary may make payments provided for in this section
    to or for any person not covered by paragraph (1) of this
    subsection for travel by such person for examination, treatment, or
    care. Such payments shall be made in accordance with regulations
    which the Secretary shall prescribe.
      (3)(A) Except as provided in subparagraph (B) of this paragraph,
    the Secretary shall not make payments under this section for travel
    performed by a special mode of travel unless (i) the travel by such
    mode is medically required and is authorized by the Secretary
    before the travel begins, or (ii) the travel by such mode is in
    connection with a medical emergency of such a nature that the delay
    incident to obtaining authorization from the Secretary to use that
    mode of travel would have been hazardous to the person's life or
    health.
      (B) In the case of travel by a person to or from a Department
    facility by special mode of travel, the Secretary may provide
    payment under this section to the provider of the transportation by
    special mode before determining the eligibility of such person for
    such payment if the Secretary determines that providing such
    payment is in the best interest of furnishing care and services.
    Such a payment shall be made subject to subsequently recovering
    from such person the amount of the payment if such person is
    determined to have been ineligible for payment for such travel.
      (c)(1) Except as otherwise provided in this subsection, the
    Secretary, in making a payment under this section to or for a
    person described in subparagraph (A), (B), (C), or (D) of
    subsection (b)(1) of this section for travel for examination,
    treatment, or care, shall deduct from the amount otherwise payable
    an amount equal to $3 for each one-way trip.
      (2) In the case of a person who is determined by the Secretary to
    be a person who is required to make six or more one-way trips for
    needed examination, treatment, or care during the remainder of the
    calendar month in which the determination is made or during any
    subsequent calendar month during the one-year period following the
    last day of the month in which the determination is made, the
    amount deducted by the Secretary pursuant to paragraph (1) of this
    subsection from payments for trips made to or from such facility
    during any such month shall not, except as provided in paragraph
    (5) of this subsection, exceed $18.
      (3) No deduction shall be made pursuant to paragraph (1) of this
    subsection in the case of a person whose travel to or from a
    Department facility is performed by a special mode of travel for
    which payment under this section is authorized under subsection
    (b)(3) of this section.
      (4) The Secretary may waive the deduction requirement of
    paragraph (1) of this subsection in the case of the travel of any
    veteran for whom the imposition of the deduction would cause severe
    financial hardship. The Secretary shall prescribe in regulations
    the conditions under which a finding of severe financial hardship
    is warranted for purposes of this paragraph.
      (5) Whenever the Secretary increases or decreases the rates of
    allowances or reimbursement to be paid under this section, the
    Secretary shall, effective on the date on which such increase or
    decrease takes effect, adjust proportionately the dollar amounts
    specified in paragraphs (1) and (2) of this subsection as such
    amounts may have been increased or decreased pursuant to this
    paragraph before such date.
      (d) Payment of the following expenses or allowances in connection
    with vocational rehabilitation, counseling, or upon termination of
    examination, treatment, or care, may be made before the completion
    of travel:
        (1) The mileage allowance authorized by subsection (a) of this
      section.
        (2) Actual local travel expenses.
        (3) The expense of hiring an automobile or ambulance, or the
      fee authorized for the services of a nonemployee attendant.

      (e) When any person entitled to mileage under this section
    requires an attendant (other than an employee of the Department) in
    order to perform such travel, the attendant may be allowed expenses
    of travel upon the same basis as such person.
      (f) The Secretary may provide for the purchase of printed reduced-
    fare requests for use by veterans and their authorized attendants
    when traveling at their own expense to or from any Department
    facility.
      (g)(1) In carrying out the purposes of this section, the
    Secretary, in consultation with the Administrator of General
    Services, the Secretary of Transportation, the Comptroller General
    of the United States, and representatives of organizations of
    veterans, shall conduct periodic investigations of the actual cost
    of travel (including lodging and subsistence) to beneficiaries
    while traveling to or from a Department facility or other place
    pursuant to the provisions of this section, and the estimated cost
    of alternative modes of travel, including public transportation and
    the operation of privately owned vehicles. The Secretary shall
    conduct such investigations immediately following any alteration in
    the rates described in paragraph (3)(C) of this subsection, and, in
    any event, immediately following the enactment of this subsection
    and not less often than annually thereafter, and based thereon,
    shall determine rates of allowances or reimbursement to be paid
    under this section.
      (2) In no event shall payment be provided under this section - 
        (A) unless the person claiming reimbursement has been
      determined, pursuant to regulations which the Secretary shall
      prescribe, to be unable to defray the expenses of such travel
      (except with respect to a person receiving benefits for or in
      connection with a service-connected disability under this title,
      a veteran receiving or eligible to receive pension under section
      1521 of this title, or a person whose annual income, determined
      in accordance with section 1503 of this title, does not exceed
      the maximum annual rate of pension which would be payable to such
      person if such person were eligible for pension under section
      1521 of this title);
        (B) to reimburse for the cost of travel by privately owned
      vehicle in any amount in excess of the cost of such travel by
      public transportation unless (i) public transportation is not
      reasonably accessible or would be medically inadvisable, or (ii)
      the cost of such travel is not greater than the cost of public
      transportation; and
        (C) in excess of the actual expense incurred by such person as
      certified in writing by such person.

      (3) In conducting investigations and determining rates under this
    section, the Secretary shall review and analyze, among other
    factors, the following factors:
        (A)(i) Depreciation of original vehicle costs;
        (ii) gasoline and oil costs;
        (iii) maintenance, accessories, parts, and tire costs;
        (iv) insurance costs; and
        (v) State and Federal taxes.
        (B) The availability of and time required for public
      transportation.
        (C) The per diem rates, mileage allowances, and expenses of
      travel authorized under sections 5702 and 5704 of title 5 for
      employees of the United States.

      (4) Before determining rates or adjusting amounts under this
    section and not later than sixty days after any alteration in the
    rates described in paragraph (3)(C) of this subsection, the
    Secretary shall submit to the Committees on Veterans' Affairs of
    the House of Representatives and the Senate a report containing the
    rates and amounts the Secretary proposes to establish or continue
    with a full justification therefor in terms of each of the
    limitations and factors set forth in this section.
      (h) The Secretary, in consultation and coordination with the
    Secretary of Transportation and appropriate representatives of
    veterans' service organizations, shall take all appropriate steps
    to facilitate the establishment and maintenance of a program under
    which such organizations, or individuals who are volunteering their
    services to the Department, would take responsibility for the
    transportation, without reimbursement from the Department, to
    Department facilities of veterans (primarily those residing in
    areas which are geographically accessible to such facilities) who
    seek services or benefits from the Department under chapter 17 or
    other provisions of this title.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 86-590, July
    5, 1960, 74 Stat. 329; Pub. L. 89-358, Sec. 4(g), Mar. 3, 1966, 80
    Stat. 24; Pub. L. 89-455, June 18, 1966, 80 Stat. 208; Pub. L. 94-
    581, title I, Sec. 101, Oct. 21, 1976, 90 Stat. 2842; Pub. L. 96-
    151, title II, Sec. 201(a), Dec. 20, 1979, 93 Stat. 1093; Pub. L.
    97-295, Sec. 4(5), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 100-322,
    title I, Sec. 108(a), (b)(1), (c)-(e)(1), May 20, 1988, 102 Stat.
    496-498; Pub. L. 102-83, Secs. 4(a)(3), (4), (6), (b)(1), (2)(E),
    5(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 103-446, title
    XII, Sec. 1201(e)(1), Nov. 2, 1994, 108 Stat. 4685.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b)(3)(B). Pub. L. 103-446 substituted "a
    Department facility" for "the Department facility".
      1991 - Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
    substituted "Secretary" for "Administrator" in two places.
      Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
    "Veterans' Administration".
      Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for "Administrator" wherever appearing.
      Subsec. (b)(1)(C), (D). Pub. L. 102-83, Sec. 5(c)(1), substituted
    "1521" for "521" in subpar. (C) and "1503" for "503" and "1521" for
    "521" in subpar. (D).
      Subsec. (b)(1)(E), (F). Pub. L. 102-83, Sec. 4(a)(3), (4),
    substituted "Department" for "Veterans' Administration".
      Subsec. (b)(3)(B). Pub. L. 102-83, Sec. 4(a)(6), substituted
    "Department facility" for "Veteran's Administration facility".
      Subsec. (c)(1), (2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
    substituted "Secretary" for "Administrator" wherever appearing.
      Subsec. (c)(3). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
    "Department" for "Veterans' Administration".
      Subsec. (c)(4), (5). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
    substituted "Secretary" for "Administrator" wherever appearing.
      Subsec. (e). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
    "Department" for "Veterans' Administration".
      Subsec. (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for "Administrator".
      Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
    "Veterans' Administration".
      Subsec. (g)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for first and third references to "Administrator".
      Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
    "Veterans' Administration".
      Subsec. (g)(2)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted
    "1521" for "521" in two places and "1503" for "503".
      Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
    "Administrator".
      Subsec. (g)(3), (4). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
    substituted "Secretary" for "Administrator" wherever appearing.
      Subsec. (h). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for first reference to "Administrator".
      Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
    "Veterans' Administration" wherever appearing.
      1988 - Pub. L. 100-322, Sec. 108(e)(1), substituted "Payments or
    allowances for beneficiary travel" for "Travel expenses" in section
    catchline.
      Subsecs. (b), (c). Pub. L. 100-322, Sec. 108(a)(2), added
    subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d)
    and (e), respectively.
      Subsec. (d). Pub. L. 100-322, Sec. 108(a)(1), (d), redesignated
    subsec. (b) as (d), and in par. (1) substituted "The mileage" for
    "the mileage" and "of this section." for "hereof;", in par. (2)
    substituted "Actual" for "actual" and a period for a semicolon, and
    in par. (3) substituted "The expense" for "the expense". Former
    subsec. (d) redesignated (f).
      Subsecs. (e), (f). Pub. L. 100-322, Sec. 108(a)(1), redesignated
    subsecs. (c) and (d) as (e) and (f), respectively. Former subsec.
    (e) redesignated (g).
      Subsec. (g). Pub. L. 100-322, Sec. 108(a)(1), (c), redesignated
    subsec. (e) as (g), and in par. (4) substituted "Before determining
    rates or adjusting amounts" for "Before determining rates" and
    "containing the rates and amounts" for "containing the rates".
      Subsec. (h). Pub. L. 100-322, Sec. 108(b)(1), added subsec. (h).
      1982 - Subsec. (e)(4). Pub. L. 97-295 substituted "and" for ",
    and not later than sixty days after the effective date of this
    subsection, and thereafter" after "under this section".
      1979 - Subsec. (e)(2)(A). Pub. L. 96-151 substituted provisions
    respecting determinations pursuant to regulations prescribed by the
    Administrator, subject to applicable exceptions, for provisions
    respecting determinations based on annual declarations and
    certifications by persons claiming reimbursements, subject to
    applicable exceptions.
      1976 - Subsec. (a). Pub. L. 94-581, Sec. 101(1), inserted
    "pursuant to the provisions of this section" after "President".
      Subsec. (e). Pub. L. 94-581, Sec. 101(2), added subsec. (e).
      1966 - Subsec. (a). Pub. L. 89-358 substituted reference to
    chapter 34 for 33.
      Subsec. (b). Pub. L. 89-455 authorized the prepayment of actual
    local travel expenses and the expense of hiring an automobile or
    ambulance, or the fee authorized for the services of a nonemployee
    attendant.
      1960 - Subsec. (a). Pub. L. 86-590 allowed reimbursement for
    actual cost of ferry fares, and bridge, road, and tunnel tolls.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 108(g) of Pub. L. 100-322 provided that: "The amendments
    made by subsection (a) [amending this section] shall take effect
    with respect to travel performed after June 30, 1988."

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Section 206 of title II of Pub. L. 96-151 provided that: "Except
    as otherwise provided in section 205(b), the amendments made by
    this title [amending this section and sections 601, 614, and 628
    [now 1701, 1714, and 1728] of this title] shall take effect on
    January 1, 1980."

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 211 of Pub. L. 94-581 provided that: "Except as otherwise
    provided in this Act, the amendments made by this Act [see Tables
    for classification] to title 38, United States Code, shall take
    effect on October 1, 1976, or on the date of enactment [Oct. 21,
    1976], whichever is later."

                  TRANSITION PROVISION FOR 1988 AMENDMENT              
      Section 108(f) of Pub. L. 100-322 provided that: "In determining
    for the purposes of subsection (b)(1) of section 111 of title 38,
    United States Code, as amended by subsection (a), whether during
    fiscal year 1988 the Administrator has exercised the authority
    under that section to make payments there shall be disregarded any
    exercise of authority under that section before the date of the
    enactment of this Act [May 20, 1988]."

    INTERIM GUIDELINES FOR BENEFICIARY TRAVEL BETWEEN JANUARY 1, 1984,
     AND THE PROMULGATION OF REGULATIONS BY ADMINISTRATOR OF VETERANS'
                                  AFFAIRS
      Pub. L. 98-160, title I, Sec. 108, Nov. 21, 1983, 97 Stat. 999,
    provided that promulgation of guidelines pending issuance of
    regulations covering the travel of beneficiaries during an interim
    period beginning Jan. 1, 1984, and directed that a report be made
    to Congress not later than Apr. 1, 1984, regarding travel payments.

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

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

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

           EX. ORD. NO. 11302. REGULATIONS GOVERNING ALLOWANCES       
      Ex. Ord. No. 11302, Sept. 6, 1966, 31 F.R. 11741, as amended Ex.
    Ord. No. 11429, Sept. 9, 1968, 33 F.R. 12817; Ex. Ord. No. 11609,
    July 22, 1971, 36 F.R. 13747, provided:
      By virtue of the authority vested in me by Section 111 of Title
    38 of the United States Code, as amended by the Act of June 18,
    1966 (Public Law 89-455), it is hereby ordered as follows:
      Section 1. The Administrator of Veterans' Affairs may authorize
    or approve the payment of the actual necessary expenses of travel,
    including lodging and subsistence, of any claimant or beneficiary
    of the Veterans' Administration traveling to or from a Veterans'
    Administration facility, or other place, in connection with
    vocational rehabilitation or counseling, or for the purpose of
    examination, treatment, or care. The Administrator may authorize or
    approve such payment to the claimant or beneficiary, or, in his
    discretion, to the person who or the organization which has
    actually paid the expenses of such travel, including lodging and
    subsistence.
      Sec. 2. The Administrator of Veterans' Affairs may authorize or
    approve in lieu of actual necessary expenses of travel, including
    lodging and subsistence, payment of an allowance, in such amount
    per mile as the Administrator shall from time to time fix pursuant
    to 38 U.S.C. 111 as affected by this order, to any claimant or
    beneficiary of the Veterans' Administration traveling to or from a
    Veterans' Administration facility, or other place, in connection
    with vocational rehabilitation or counseling, or for the purpose of
    examination, treatment, or care. In addition to such mileage
    allowance, the Administrator may allow reimbursement for the actual
    cost of ferry fares, and bridge, road, and tunnel tolls. In his
    discretion, the Administrator may authorize or approve such payment
    and such reimbursement to the person who or the organization which
    has actually paid the expenses of such travel, including lodging
    and subsistence.
      Sec. 3. Whenever a claimant or beneficiary requires an attendant
    other than an employee of the Veterans' Administration for the
    performance of travel specified in Section 1 and 2 hereof, the
    travel expenses of such attendant may be allowed in the same manner
    and to the same extent that travel expenses are allowed to such
    claimant or beneficiary.
      Sec. 4. Payment of the following expenses or allowances in
    connection with vocational rehabilitation, counseling, or upon
    termination of examination, treatment, or care, may be made before
    the completion of travel:
      a. The mileage allowance and fare and tolls authorized by Section
    2 hereof.
      b. Actual local travel expenses.
      c. The expense of hiring an automobile or ambulance, or the fee
    authorized for services of a non-employee attendant.
      Sec. 5. The Administrator of Veterans' Affairs may prescribe such
    rules and regulations not inconsistent herewith as may be necessary
    to effectuate the provisions of this order.
      Sec. 6. Executive Order No. 11142 of February 12, 1964, is hereby
    superseded.

-End-

-CITE-
    38 USC Sec. 112                                             01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART I - GENERAL PROVISIONS
    CHAPTER 1 - GENERAL

-HEAD-
    Sec. 112. Presidential memorial certificate program

-STATUTE-
      (a) At the request of the President the Secretary may conduct a
    program for honoring the memory of deceased veterans, discharged
    under honorable conditions, by preparing and sending to eligible
    recipients a certificate bearing the signature of the President and
    expressing the country's grateful recognition of the veteran's
    service in the Armed Forces. The award of a certificate to one
    eligible recipient will not preclude authorization of another
    certificate if a request is received from some other eligible
    recipient.
      (b) For the purpose of this section an "eligible recipient" means
    the next of kin, a relative or friend upon request, or an
    authorized service representative acting on behalf of such relative
    or friend.
      (c) A certificate may not be furnished under the program under
    subsection (a) on behalf of a deceased person described in section
    2411(b) of this title.

-SOURCE-
    (Added Pub. L. 89-88, Sec. 1(a), July 24, 1965, 79 Stat. 264;
    amended Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105
    Stat. 404, 405; Pub. L. 107-330, title II, Sec. 201(a), Dec. 6,
    2002, 116 Stat. 2823.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (c). Pub. L. 107-330 added subsec. (c).
      1991 - Subsec. (a). Pub. L. 102-83 substituted "Secretary" for
    "Administrator".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-330, title II, Sec. 201(d), Dec. 6, 2002, 116 Stat.
    2823, provided that: "The amendments made by this section [amending
    this section and sections 2301 and 2306 of this title] shall apply
    with respect to deaths occurring on or after the date of the
    enactment of this Act [Dec. 6, 2002]."

-End-

-CITE-
    38 USC Sec. 113                                             01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART I - GENERAL PROVISIONS
    CHAPTER 1 - GENERAL

-HEAD-
    Sec. 113. Treatment of certain programs under sequestration
      procedures

-STATUTE-
      (a) The following programs shall be exempt from sequestration or
    reduction under part C of the Balanced Budget and Emergency Deficit
    Control Act of 1985 (2 U.S.C. 901 et seq.) or any other
    sequestration law and shall not be included in any report
    specifying reductions in Federal spending:
        (1) Benefits under chapter 21 of this title, relating to
      specially adapted housing and mortgage-protection life insurance
      for certain veterans with service-connected disabilities.
        (2) Benefits under section 2307 of this title, relating to
      burial benefits for veterans who die as the result of a service-
      connected disability.
        (3) Benefits under chapter 39 of this title, relating to
      automobiles and adaptive equipment for certain disabled veterans
      and members of the Armed Forces.
        (4) Assistance and services under chapter 31 of this title,
      relating to training and rehabilitation for certain veterans with
      service-connected disabilities.
        (5) Benefits under chapter 35 of this title, relating to
      educational assistance for survivors and dependents of certain
      veterans with service-connected disabilities.
        (6) Benefits under subchapters I, II, and III of chapter 37 of
      this title, relating to housing loans for certain veterans and
      for the spouses and surviving spouses of certain veterans.

      (b) The following accounts of the Department shall be exempt from
    sequestration or reduction under part C of the Balanced Budget and
    Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any
    other sequestration law and shall not be included in any report
    specifying reductions in Federal spending:
        (1) The following life insurance accounts:
          (A) The National Service Life Insurance Fund authorized by
        section 1920 of this title.
          (B) The Service-Disabled Veterans Insurance Fund authorized
        by section 1922 of this title.
          (C) The Veterans Special Life Insurance Fund authorized by
        section 1923 of this title.
          (D) The Veterans Reopened Insurance Fund authorized by
        section 1925 of this title.
          (E) The United States Government Life Insurance Fund
        authorized by section 1955 of this title.
          (F) The Veterans Insurance and Indemnity appropriation
        authorized by section 1919 of this title.

        (2) The following revolving fund accounts:
          (A) The Department of Veterans Affairs Special Therapeutic
        and Rehabilitation Activities Fund established by section
        1718(c) of this title.
          (B) The Veterans' Canteen Service revolving fund authorized
        by section 7804 of this title.

      (c)(1) A benefit under section 2301, 2302, 2303, 2306, or 2308 of
    this title that is subject to reduction under a sequestration order
    or sequestration law shall be paid in accordance with the rates
    determined under the sequestration order or law (if any) in effect
    on the date of the death of the veteran concerned.
      (2) A benefit paid to, or on behalf of, an eligible veteran for
    pursuit of a program of education or training under chapter 30, 31,
    34, 35, or 36 of this title that is subject to a sequestration
    order or a sequestration law shall be paid in accordance with the
    rates determined under the sequestration order or law (if any) in
    effect during the period of education or training for which the
    benefit is paid.
      (3) In implementation of a sequestration order or law with
    respect to each account from which a benefit described in paragraph
    (1) or (2) of this subsection is paid (including the making of
    determinations of the amounts by which such benefits are to be
    reduced), the total of the amounts (as estimated by the Secretary
    after consultation with the Director of the Congressional Budget
    Office) by which payments of such benefit will be reduced by reason
    of such paragraph after the last day of the period during which
    such order or law is in effect shall be deemed to be additional
    reductions in the payments of such benefit made, and in new budget
    authority for such payments, during such period.
      (d) In computing the amount of new budget authority by which a
    budget account of the Department is to be reduced for a fiscal year
    under a report of the Director of the Office of Management and
    Budget, or under an order of the President under part C of the
    Balanced Budget and Emergency Deficit Control Act of 1985, the base
    from which the amount of the reduction for such account is
    determined shall be established without regard to any amount of new
    budget authority in such account (determined under section
    251(a)(6) (!1) of such Act) for any of the programs listed in
    subsection (a) of this section.

      (e) This section applies without regard to any other provision of
    law (whether enacted before, on, or after the date of the enactment
    of this section) unless such Act expressly provides that it is
    enacted as a limitation to this section.
      (f) For the purposes of this section:
        (1) The term "sequestration" means a reduction in spending
      authority and loan guarantee commitments generally throughout the
      Government under the Balanced Budget and Emergency Deficit
      Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law.
        (2) The term "sequestration law" means a law enacted with
      respect to a sequestration under the Balanced Budget and
      Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or
      any other law (under the procedures specified in that Act or
      otherwise).
        (3) The term "sequestration order" means an order of the
      President issued under part C of such Act.

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

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Balanced Budget and Emergency Deficit Control Act of 1985,
    referred to in subsecs. (a), (b), (d), and (f), is title II of Pub.
    L. 99-177, Dec. 12, 1985, 99 Stat. 1038, as amended. Part C of the
    Act is classified generally to subchapter I (Sec. 900 et seq.) of
    chapter 20 of Title 2, The Congress. Section 251 of the Act is
    classified to section 901 of Title 2, and was amended generally by
    Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat.
    1388-577. For complete classification of this Act to the Code, see
    Short Title note set out under section 900 of Title 2 and Tables.
      The date of the enactment of this section, referred to in subsec.
    (e), is the date of enactment of Pub. L. 99-576, which was approved
    Oct. 28, 1986.

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted
    "2307" for "907".
      Subsec. (b). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
    "Department" for "Veterans' Administration" in introductory
    provisions.
      Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "1920"
    for "720" in subpar. (A), "1922" for "722" in subpar. (B), "1923"
    for "723" in subpar. (C), "1925" for "725" in subpar. (D), "1955"
    for "755" in subpar. (E), and "1919" for "719" in subpar. (F).
      Subsec. (b)(2)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted
    "1718(c)" for "618(c)".
      Pub. L. 102-83, Sec. 4(a)(2)(B)(i), substituted "Department of
    Veterans Affairs" for "Veterans' Administration".
      Subsec. (b)(2)(B). Pub. L. 102-40 substituted "7804" for "4204".
      Subsec. (c)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "2301,
    2302, 2303, 2306, or 2308" for "901, 902, 903, 906, or 908".
      Subsec. (c)(3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for "Administrator".
      Subsec. (d). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
    "Department" for "Veterans' Administration".
      1988 - Subsec. (a)(4), (5). Pub. L. 100-322, Sec. 411(b), struck
    out "(but only with respect to fiscal year 1987)" before period at
    end.
      Subsec. (d). Pub. L. 100-322, Sec. 411(c), substituted "a report
    of the Director of the Office of Management and Budget" for "a
    joint report of the Directors of the Office of Management and
    Budget and the Congressional Budget Office".
      1987 - Subsec. (a)(6). Pub. L. 100-198, Sec. 12(a)(1), added par.
    (6).
      Subsec. (c)(2). Pub. L. 100-198, Sec. 12(a)(3), substituted "31,
    34, 35, or 36" for "34, or 36".
      Subsecs. (e) to (g). Pub. L. 100-198, Sec. 12(a)(2), redesignated
    subsecs. (f) and (g) as (e) and (f), respectively, and struck out
    former subsec. (e) which read as follows: "If a final order issued
    by the President pursuant to a law providing for the cancellation
    of loan guarantee commitments imposes a limitation on the total
    amount of loans that may be guaranteed under chapter 37 of this
    title in any fiscal year, the Administrator shall submit to the
    Committees on Veterans' Affairs of the Senate and the House of
    Representatives a monthly report (not later than the 10th day of
    each month during the remainder of such fiscal year following the
    issuance of such final order) providing the following information:
        "(1) The total amount of the loans for which commitments of
      guarantees were made under such chapter during the preceding
      month.
        "(2) The total amount of the loans for which commitments were
      made during the fiscal year through the end of such preceding
      month.
        "(3) The Administrator's estimates as to the total amounts of
      the loans for which commitments would, in the absence of any
      limits on such commitments or guarantees, be made during (A) the
      month in which the report is required to be submitted, and (B)
      the succeeding months of the fiscal year."

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 12(b) of Pub. L. 100-198 provided that: "The amendments
    made by subsection (a) [amending this section] shall take effect on
    November 19, 1987."

                              EFFECTIVE DATE                          
      Section 601(b) of Pub. L. 99-576 provided that: "Section 113 of
    title 38, United States Code (as added by subsection (a)), shall
    apply with respect to a sequestration order issued, or a
    sequestration law enacted, for a fiscal year after fiscal year
    1986."

                  RESTORATION OF CERTAIN REVOLVING FUNDS              
      Section 411(a) of Pub. L. 100-322 provided that:
      "(1) Notwithstanding section 601(b) of the Veterans' Benefits
    Improvement and Health-Care Authorization Act of 1986 (Public Law
    99-576) [set out as a note above], section 113(b)(2) of title 38,
    United States Code, shall apply with respect to a sequestration
    order issued, or a sequestration law enacted, for any fiscal year
    after fiscal year 1985.
      "(2) The Secretary of the Treasury shall take such action as is
    necessary to implement paragraph (1). Not later than 60 days after
    the date of the enactment of this Act [May 20, 1988], the Secretary
    shall submit to the Committees on Veterans' Affairs of the Senate
    and House of Representatives a report on the action taken by the
    Secretary pursuant to that paragraph."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    38 USC Sec. 114                                             01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART I - GENERAL PROVISIONS
    CHAPTER 1 - GENERAL

-HEAD-
    Sec. 114. Multiyear procurement

-STATUTE-
      (a) The Secretary may enter into a multiyear contract for the
    procurement of supplies or services if the Secretary makes each of
    the following determinations:
        (1) Appropriations are available for obligations that are
      necessary for total payments that would be required during the
      fiscal year in which the contract is entered into, plus the
      estimated amount of any cancellation charge payable under the
      contract.
        (2) The contract is in the best interest of the United States
      by reason of the effect that use of a multiyear, rather than one-
      year, contract would have in - 
          (A) reducing costs;
          (B) achieving economies in contract administration or in any
        other Department activities;
          (C) increasing quality of performance by or service from the
        contractors; or
          (D) encouraging effective competition.

        (3) During the proposed contract period - 
          (A) there will be a continuing or recurring need for the
        supplies or services being procured;
          (B) there is not a substantial likelihood of substantial
        changes in the need for such supplies or services in terms of
        the total quantity of such supplies or services or of the rate
        of delivery of such supplies or services; and
          (C) the specifications for the supplies or services are
        expected to be reasonably stable.

        (4) The risks relating to the prospective contractor's ability
      to perform in accordance with the specifications and other terms
      of the contract are not excessive.
        (5) The use of a multiyear contract will not inhibit small
      business concerns in competing for the contract.
        (6) In the case of the procurement of a pharmaceutical item for
      which a patent has expired less than four years before the date
      on which the solicitation of offers is issued, there is no
      substantial likelihood that increased competition among potential
      contractors would occur during the term of the contract as the
      result of the availability of generic equivalents increasing
      during the term of the contract.

      (b)(1) A multiyear contract authorized by this section shall
    contain - 
        (A) a provision that the obligation of the United States under
      the contract during any fiscal year which is included in the
      contract period and is subsequent to the fiscal year during which
      the contract is entered into is contingent on the availability of
      sufficient appropriations (as determined by the Secretary
      pursuant to paragraph (2)(A) of this subsection) if, at the time
      the contract is entered into, appropriations are not available to
      cover the total estimated payments that will be required during
      the full term of the contract; and
        (B) notwithstanding section 1502(a) of title 31, a provision
      for the payment of reasonable cancellation charges to compensate
      the contractor for nonrecurring, unrecovered costs, if any, if
      the performance is cancelled pursuant to the provision required
      by subparagraph (A) of this paragraph.

      (2)(A) If, during a fiscal year after the fiscal year during
    which a multiyear contract is entered into under this section, the
    Secretary determines that, in light of other funding needs involved
    in the operation of Department programs, the amount of funds
    appropriated for such subsequent fiscal year is not sufficient for
    such contract, the Secretary shall cancel such contract pursuant to
    the provisions required by paragraph (1)(A) of this subsection.
      (B) Cancellation charges under a multiyear contract shall be paid
    from the appropriated funds which were originally available for
    performance of the contract or the payment of cancellation costs
    unless such funds are not available in an amount sufficient to pay
    the entire amount of the cancellation charges payable under the
    contract. In a case in which such funds are not available in such
    amount, funds available for the procurement of supplies and
    services for use for the same purposes as the supplies or services
    procured through such contract shall be used to the extent
    necessary to pay such cost.
      (c) Nothing in this section shall be construed so as to restrict
    the Secretary's exercise of the right to terminate for convenience
    a contract under any other provision of law which authorizes
    multiyear contracting.
      (d) The Secretary shall prescribe regulations for the
    implementation of this section.
      (e) For the purposes of this section:
        (1) The term "appropriations" has the meaning given that term
      in section 1511 of title 31.
        (2) The term "multiyear contract" means a contract which by its
      terms is to remain in effect for a period which extends beyond
      the end of the fiscal year during which the contract is entered
      into but not beyond the end of the fourth fiscal year following
      such fiscal year. Such term does not include a contract for
      construction or for a lease of real property.
        (3) The term "nonrecurring, unrecovered costs" means those
      costs reasonably incurred by the contractor in performing a
      multiyear contract which (as determined under regulations
      prescribed under subsection (d) of this section) are generally
      incurred on a one-time basis.

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

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
    substituted "Secretary" for "Administrator" in two places in
    introductory provisions.
      Subsec. (a)(2)(B). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
    "Department" for "Veterans' Administration".
      Subsec. (b)(1)(A). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
    substituted "Secretary" for "Administrator".
      Subsec. (b)(2)(A). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
    substituted "Secretary" for "Administrator" in two places.
      Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
    "Veterans' Administration".
      Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary's" for "Administrator's".
      Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for "Administrator".
      1989 - Pub. L. 101-237, Sec. 601(b)(1), struck out "for certain
    medical items" after "Multiyear procurement" in section catchline.
      Subsec. (a). Pub. L. 101-237, Sec. 601(a)(1), struck out "for use
    in Veterans' Administration health-care facilities" after "supplies
    or services".
      Subsec. (b)(2)(A). Pub. L. 101-237, Sec. 601(a)(2), struck out
    "health-care" before "programs, the amount".
      Subsec. (e)(2) to (4). Pub. L. 101-237, Sec. 601(a)(3),
    redesignated pars. (3) and (4) as (2) and (3), respectively, and
    struck out former par. (2) which read as follows: "The term
    'cancel' or 'cancellation' refers to the termination of a contract
    by the Administrator as required under paragraph (2)(B)(i) of this
    subsection."

-End-

-CITE-
    38 USC Sec. 115                                             01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART I - GENERAL PROVISIONS
    CHAPTER 1 - GENERAL

-HEAD-
    Sec. 115. Acquisition of real property

-STATUTE-
      For the purposes of sections 314, 315, 316, and 2406 of this
    title and subchapter I of chapter 81 of this title, the Secretary
    may acquire and use real property - 
        (1) before title to the property is approved under section 3111
      of title 40; and
        (2) even though the property will be held in other than a fee
      simple interest in a case in which the Secretary determines that
      the interest to be acquired is sufficient for the purposes of the
      intended use.

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

-MISC1-
                                AMENDMENTS                            
      2002 - Par. (1). Pub. L. 107-217 substituted "section 3111 of
    title 40" for "section 355 of the Revised Statutes (40 U.S.C.
    255)".
      1994 - Pub. L. 103-446 substituted "sections 314, 315, 316," for
    "sections 230" in introductory provisions.
      1991 - Pub. L. 102-83 substituted "2406" for "1006" in
    introductory provisions.

-End-

-CITE-
    38 USC Sec. 116                                             01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART I - GENERAL PROVISIONS
    CHAPTER 1 - GENERAL

-HEAD-
    Sec. 116. Reports to Congress: cost information

-STATUTE-
      Whenever the Secretary submits to Congress, or any committee of
    Congress, a report that is required by law or by a joint
    explanatory statement of a committee of conference of the Congress,
    the Secretary shall include with the report - 
        (1) a statement of the cost of preparing the report; and
        (2) a brief explanation of the methodology used in preparing
      that cost statement.

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

-MISC1-
                              EFFECTIVE DATE                          
      Pub. L. 106-419, title IV, Sec. 403(d)(2), Nov. 1, 2000, 114
    Stat. 1864, provided that: "Section 116 of title 38, United States
    Code, as added by paragraph (1) of this subsection, shall apply
    with respect to any report submitted by the Secretary of Veterans
    Affairs after the end of the 90-day period beginning on the date of
    the enactment of this Act [Nov. 1, 2000]."

-End-