38 U.S.C. § 7309 (2024) — Title 38: VETERANS' BENEFITS / Chapter 73 / Subchapter I / Section 7309: Readjustment Counseling Service
Readjustment Counseling Service
Status: in_force

(a) In General.—There is in the Veterans Health Administration a Readjustment Counseling Service. The Readjustment Counseling Service shall provide readjustment counseling and associated services to individuals in accordance with section 1712A of this title.

(b) Chief Officer.—(1) The head of the Readjustment Counseling Service shall be the Chief Officer of the Readjustment Counseling Service (in this section referred to as the "Chief Officer"), who shall report directly to the Under Secretary for Health.

(2) The Chief Officer shall be appointed by the Under Secretary for Health from among individuals who—

(A)(i) are psychologists who hold a diploma as a doctorate in clinical or counseling psychology from an authority approved by the American Psychological Association and who have successfully undergone an internship approved by that association;

(ii) are holders of a master in social work degree; or

(iii) hold such other advanced degrees related to mental health as the Secretary considers appropriate;

(B) have at least three years of experience providing direct counseling services or outreach services in the Readjustment Counseling Service;

(C) have at least three years of experience administrating direct counseling services or outreach services in the Readjustment Counseling Service;

(D) meet the quality standards and requirements of the Department; and

(E) are veterans who served in combat as members of the Armed Forces.

(c) Structure.—(1) The Readjustment Counseling Service is a distinct organizational element within the Veterans Health Administration.

(2) The Readjustment Counseling Service shall provide counseling and services as described in subsection (a).

(3) The Chief Officer shall have direct authority over all Readjustment Counseling Service staff and assets, including Vet Centers.

(d) Source of Funds.—(1) Amounts for the activities of the Readjustment Counseling Service, including the operations of its Vet Centers, shall be derived from amounts appropriated for the Veterans Health Administration for medical care.

(2) Amounts for activities of the Readjustment Counseling Service, including the operations of its Vet Centers, shall not be allocated through the Veterans Equitable Resource Allocation system.

(3) In each budget request submitted for the Department of Veterans Affairs by the President to Congress under section 1105 of title 31, the budget request for the Readjustment Counseling Service shall be listed separately.

(e) Annual Report.—(1) Not later than March 15 of each year, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the activities of the Readjustment Counseling Service during the preceding fiscal year.

(2) Each report submitted under paragraph (1) shall include, with respect to the period covered by the report, the following:

(A) A summary of the activities of the Readjustment Counseling Service, including Vet Centers.

(B) A description of the workload and additional treatment capacity of the Vet Centers, including, for each Vet Center, the ratio of the number of full-time equivalent employees at such Vet Center and the number of individuals who received services or assistance at such Vet Center.

(C) A detailed analysis of demand for and unmet need for readjustment counseling services and the Secretary's plan for meeting such unmet need, including the resources required to meet such unmet need, such as additional staff, additional locations, additional infrastructure, infrastructure improvements, and additional mobile Vet Centers.

(D) A description of actions taken by the Secretary to reduce—

(i) vacancies in counselor positions in the Readjustment Counseling Service; and

(ii) the time it takes to hire such counselors.

(3) For each even numbered year in which the report required by paragraph (1) is submitted, the Secretary shall include in such report a prediction of—

(A) trends in demand for care;

(B) long-term investments required with respect to the provision of care;

(C) requirements relating to maintenance of infrastructure; and

(D) other capital investment requirements with respect to the Readjustment Counseling Service, including Vet Centers, mobile Vet Centers, and community access points.

(f) Vet Center Defined.—In this section, the term "Vet Center" has the meaning given the term in section 1712A(h)(1) of this title.

(Added Pub. L. 112–239, div. A, title VII, §728(a), Jan. 2, 2013, 126 Stat. 1812; amended Pub. L. 114–58, title VI, §601(22), Sept. 30, 2015, 129 Stat. 539; Pub. L. 114–315, title VI, §611, Dec. 16, 2016, 130 Stat. 1575; Pub. L. 116–171, title V, §504, Oct. 17, 2020, 134 Stat. 819; Pub. L. 117–263, div. E, title LI, §5126(d)(2), Dec. 23, 2022, 136 Stat. 3216.)

Editorial Notes

Amendments

2022—Subsec. (e)(2)(D). Pub. L. 117–263 added subpar. (D).

2020—Subsec. (e)(2)(C). Pub. L. 116–171, §504(a), inserted before period at end ", including the resources required to meet such unmet need, such as additional staff, additional locations, additional infrastructure, infrastructure improvements, and additional mobile Vet Centers".

Subsec. (e)(3). Pub. L. 116–171, §504(b), added par. (3).

2016—Subsec. (e)(1). Pub. L. 114–315 substituted "fiscal year" for "calendar year".

2015—Subsec. (c)(1). Pub. L. 114–58 inserted "the" before "Veterans Health Administration".

Statutory Notes and Related Subsidiaries

Improvement of Vet Centers at Department of Veterans Affairs

Pub. L. 117–263, div. E, title LI, §5126, Dec. 23, 2022, 136 Stat. 3213, provided that:

"(a) Productivity Expectations for Readjustment Counselors of Vet Centers.—

"(1) Evaluation of productivity expectations.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Veterans Affairs shall evaluate productivity expectations for readjustment counselors of Vet Centers, including by obtaining systematic feedback from counselors on such expectations, including with respect to following:

"(A) Any potential effects of productivity expectations, whether positive or negative, on client care and the welfare of readjustment counselors.

"(B) Distances readjustment counselors may travel to appointments, especially with respect to serving rural veterans.

"(C) The possibility that some veterans may not want to use nor benefit from telehealth or group counseling.

"(D) Availability and access of veteran populations to broadband and telehealth.

"(E) Any effect of productivity expectations on readjustment counselors, including with respect to recruitment, retention, and welfare.

"(F) Whether productivity expectations provide incentives or pressure to inaccurately report client visits.

"(G) Whether directors and readjustment counselors of Vet Centers need additional training or guidance on how productivity expectations are calculated.

"(H) Such other criteria as the Secretary considers appropriate.

"(2) Systematic feedback.—

"(A) In general.—The Secretary shall—

"(i) make every effort to ensure that all readjustment counselors of Vet Centers are given the opportunity to fully provide feedback, positive or negative, including through a survey containing open- and close-ended questions, on all items under paragraph (1);

"(ii) in obtaining feedback under paragraph (1), ensure that the items under paragraph (1) are adequately and completely addressed in a way that permits responses to be relevant to the evaluation of productivity expectations;

"(iii) collect and safely store the feedback obtained under paragraph (1)—

     "(I) in an electronic database that cannot be altered by any party;

     "(II) in an anonymized manner, in order to protect the privacy of each respondent; and

     "(III) in a manner that allows for evaluation by third parties of the feedback, such as audit of the feedback by the Government Accountability Office; and

"(iv) provide the feedback obtained under paragraph (1) in an anonymized manner to the working group established under subsection (c).

"(B) Government accountability office audit.—Not less frequently than once each year during the five-year period beginning on the date of the enactment of this Act, the Comptroller General of the United States shall audit the feedback obtained from readjustment counselors of Vet Centers under paragraph (1).

"(3) Implementation of changes.—Not later than 90 days after the date of the completion of the evaluation required by paragraph (1), the Secretary shall implement any needed changes to the productivity expectations described in such paragraph in order to ensure—

"(A) quality of care and access to care for veterans; and

"(B) the welfare of readjustment counselors.

"(4) Report to congress.—Not later than 180 days after the date of the completion of the evaluation required by paragraph (1), the Secretary shall submit to Congress a report on—

"(A) the findings of the evaluation; and

"(B) any planned or implemented changes described in paragraph (3).

"(5) Plan for reassessment and implementation.—

"(A) Plan.—Not later than one year after the date of the enactment of this Act, the Secretary shall develop and implement a plan for—

"(i) reassessing productivity expectations for readjustment counselors of Vet Centers, in consultation with such counselors; and

"(ii) implementing any needed changes to such expectations, as the Secretary determines appropriate.

"(B) Reassessments.—Under the plan required by subparagraph (A), the Secretary shall conduct a reassessment described in such paragraph not less frequently than once each year.

"(b) Staffing Model for Vet Centers.—

"(1) In general.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Veterans Affairs shall develop and implement a staffing model for Vet Centers that incorporates key practices in the design of such staffing model.

"(2) Elements.—In developing the staffing model under paragraph (1), the Secretary shall—

"(A) involve key stakeholders, including readjustment counselors, outreach specialists, and directors of Vet Centers;

"(B) incorporate key work activities and the frequency and time required to conduct such activities;

"(C) ensure the data used in the model is high quality to provide assurance that staffing estimates are reliable; and

"(D) incorporate—

"(i) risk factors, including case complexity;

"(ii) geography;

"(iii) availability, advisability, and willingness of veterans to use telehealth or group counseling; and

"(iv) such other factors as the Secretary considers appropriate.

"(3) Plan for assessments and updates.—Not later than one year after the date of the enactment of this Act, the Secretary shall develop a plan for—

"(A) assessing and updating the staffing model developed and implemented under paragraph (1) not less frequently than once every four years; and

"(B) implementing any needed changes to such model, as the Secretary determines appropriate.

"(c) Working Group of Readjustment Counselors, Outreach Specialists, and Directors of Vet Centers.—

"(1) In general.—In conducting the evaluation of productivity expectations under subsection (a) (1) and developing the staffing model for Vet Centers under subsection (b)(1), the Secretary of Veterans Affairs shall establish a working group to assess—

"(A) the efficacy, impact, and composition of performance metrics for such expectations with respect to—

"(i) quality of care and access to care for veterans; and

"(ii) the welfare of readjustment counselors and other employees of Vet Centers; and

"(B) key considerations for the development of such staffing model, including with respect to—

"(i) quality of care and access to care for veterans and other individuals eligible for care through Vet Centers; and

"(ii) recruitment, retention, and welfare of employees of Vet Centers.

"(2) Membership.—The working group established under paragraph (1) shall be composed of readjustment counselors, outreach specialists, and directors of Vet Centers.

"(3) Feedback and recommendations.—The working group established under paragraph (1) shall provide to the Secretary—

"(A) feedback from readjustment counselors, outreach specialists, and directors of Vet Centers; and

"(B) recommendations on how to improve—

"(i) quality of care and access to care for veterans; and

"(ii) the welfare of readjustment counselors and other employees of Vet Centers.

"(d) Improvements of Hiring Practices at Vet Centers.—

"(1) Standardization of position descriptions.—

"(A) In general.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Veterans Affairs shall standardize descriptions of position responsibilities at Vet Centers.

"(B) Reporting requirement.—In each of the first two annual reports submitted under section 7309(e) of title 38, United States Code, after the date of the enactment of this Act, the Secretary shall include a description of the actions taken by the Secretary to carry out subparagraph (A).

"(2) Expansion of reporting requirements on readjustment counseling to include actions to reduce staffing vacancies and time to hire.—[Amended this section.]

"(e) Report by Government Accountability Office on Vet Center Infrastructure and Future Investments.—

"(1) In general.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Comptroller General of the United States shall submit to Congress a report on physical infrastructure and future investments with respect to Vet Centers.

"(2) Elements.—The report required by paragraph (1) shall include the following:

"(A) An assessment of—

"(i) the condition of the physical infrastructure of all assets of Vet Centers, whether owned or leased by the Department of Veterans Affairs; and

"(ii) the short-, medium-, and long-term plans of the Department to maintain and upgrade the physical infrastructure of Vet Centers to address the operational needs of Vet Centers as of the date of the submittal of the report and future needs.

"(B) An assessment of management and strategic planning for the physical infrastructure of Vet Centers, including whether the Department should buy or lease existing or additional locations in areas with stable or growing populations of veterans.

"(C) An assessment of whether, as of the date of the submittal of the report, Vet Center buildings, mobile Vet Centers, community access points, and similar infrastructure are sufficient to care for veterans or if such infrastructure is negatively affecting care due to limited space for veterans and Vet Center personnel or other factors.

"(D) An assessment of the areas with the greatest need for investments in—

"(i) improved physical infrastructure, including upgraded Vet Centers; or

"(ii) additional physical infrastructure for Vet Centers, including new Vet Centers owned or leased by the Department.

"(E) A description of the authorities and resources that may be required for the Secretary to make such investments.

"(F) A review of all annual reports submitted under 7309(e) of title 38, United States Code, before the date of the submittal of the report under paragraph (1).

"(f) Pilot Program to Combat Food Insecurity Among Veterans and Family Members of Veterans.—

"(1) In general.—Not later than 18 months after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Veterans Affairs shall establish a pilot program to award grants to eligible entities to support partnerships that address food insecurity among veterans and family members of veterans who receive services through Vet Centers or other facilities of the Department as determined by the Secretary.

"(2) Duration of pilot.—The Secretary shall carry out the pilot program for a three-year period beginning on the date of the establishment of the pilot program.

"(3) Training and technical assistance.—The Secretary may provide eligible entities receiving grant funding under the pilot program with training and technical assistance on the provision of food insecurity assistance services to veterans and family members of veterans.

"(4) Eligible entities.—For purposes of the pilot program, an eligible entity is—

"(A) a nonprofit organization;

"(B) an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code;

"(C) a public agency;

"(D) a community-based organization; or

"(E) an institution of higher education.

"(5) Application.—An eligible entity seeking a grant under the pilot program shall submit to the Secretary an application therefor at such time, in such manner, and containing such information and commitments as the Secretary may require.

"(6) Selection.—The Secretary shall select eligible entities that submit applications under paragraph (5) for the award of grants under the pilot program using a competitive process that takes into account the following:

"(A) Capacity of the applicant entity to serve veterans and family members of veterans.

"(B) Demonstrated need of the population the applicant entity would serve.

"(C) Demonstrated need of the applicant entity for assistance from the grant.

"(D) Such other criteria as the Secretary considers appropriate.

"(7) Distribution.—The Secretary shall ensure, to the extent practicable, an equitable geographic distribution of grants awarded under this subsection.

"(8) Minimum program requirements.—Any grant awarded under this subsection shall be used—

"(A) to coordinate with the Secretary with respect to the provision of assistance to address food insecurity among veterans and family members of veterans described in paragraph (1);

"(B) to increase participation in nutrition counseling programs and provide educational materials and counseling to veterans and family members of veterans to address food insecurity and healthy diets among those individuals;

"(C) to increase access to and enrollment in Federal assistance programs, including the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), the low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), and any other assistance program that the Secretary considers advisable; and

"(D) to fulfill such other criteria as the Secretary considers appropriate to further the purpose of the grant and serve veterans.

"(9) Provision of information.—Each entity that receives a grant under this subsection shall provide to the Secretary, at least once each year during the duration of the grant term, data on—

"(A) the number of veterans and family members of veterans screened for, and enrolled in, programs described in subparagraphs (B) and (C) of paragraph (8);

"(B) other services provided by the entity to veterans and family members of veterans using funds from the grant; and

"(C) such other data as the Secretary may require.

"(10) Report on data collected.—For each year of operation of the pilot program, the Secretary shall submit to the appropriate committees of Congress a report on the data collected under paragraph (9) during such year.

"(11) Government accountability office report.—

"(A) In general.—Not later than one year after the date on which the pilot program terminates, the Comptroller General of the United States shall submit to Congress a report evaluating the effectiveness and outcomes of the activities carried out under this subsection in reducing food insecurity among veterans and family members of veterans.

"(B) Elements.—The report required by subparagraph (A) shall include the following:

"(i) A summary of the activities carried out under this subsection.

"(ii) An assessment of the effectiveness and outcomes of the grants awarded under this subsection, including with respect to eligibility screening contacts, application assistance consultations, and changes in food insecurity among the population served by the grant.

"(iii) Best practices regarding the use of partnerships to improve the effectiveness and outcomes of public benefit programs to address food insecurity among veterans and family members of veterans.

"(iv) An assessment of the feasibility and advisability of making the pilot program permanent and expanding to other locations.

"(12) Authorization of appropriations.—

"(A) In general.—There is authorized to be appropriated to carry out the pilot program established under paragraph (1) $15,000,000 for each fiscal year in which the program is carried out, beginning with the fiscal year in which the program is established.

"(B) Administrative expenses.—Of the amounts authorized to be appropriated under subparagraph (A), not more than ten percent may be used for administrative expenses of the Department of Veterans Affairs associated with administering grants under this subsection.

"(13) Definitions.—In this subsection:

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

"(i) the Committee on Veterans' Affairs, the Committee on Appropriations, and the Committee on Agriculture, Nutrition, and Forestry of the Senate; and

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

"(B) The term 'facilities of the Department' has the meaning given that term in section 1701(3) of title 38, United States Code.

"(C) The term 'institution of higher education' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

"(D) The term 'public agency' means a department, agency, other unit, or instrumentality of Federal, State, Tribal, or local government.

"(E) The term 'State' has the meaning given that term in section 101(20) of title 38, United States Code.

"(F) The term 'veteran' means an individual who served in the Armed Forces, including an individual who served in a reserve component of the Armed Forces, and who was discharged or released therefrom, regardless of the conditions of such discharge or release.

"(g) Definition of Vet Center.—In this section, the term 'Vet Center' has the meaning given that term in section 1712A(h) of title 38, United States Code."
38 U.S.C. § 3315B (2024) — Title 38: VETERANS' BENEFITS / Chapter 33 / Subchapter II / Section 3315B: Preparatory courses for licensure, certification, or national tests
Preparatory courses for licensure, certification, or national tests
Status: in_force

(a) In General.—An individual entitled to educational assistance under this chapter shall also be entitled to payment for a covered preparatory course.

(b) Amount.—The amount of educational assistance payable under this chapter for a covered preparatory course is the lesser of—

(1) the fee charged for the covered preparatory course; or

(2) the amount of entitlement available to the individual under this chapter at the time of payment for the covered preparatory course under this section.

(c) Charge Against Entitlement.—The number of months of entitlement charged an individual under this chapter for a covered preparatory course shall be pro-rated based on the actual amount of the fee charged for the covered preparatory course relative to the rate for 1 month payable—

(1) for the academic year beginning on August 1, 2020, $2,042; or

(2) for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning on August 1 under this subsection, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h).

(d) Covered Preparatory Course Defined.—In this section, the term "covered preparatory course" means a course—

(1) for a licensing or certification test that is required or used to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession; and

(2) that has been approved by the State approving agency concerned.

(Added Pub. L. 116–154, §5(a), Aug. 8, 2020, 134 Stat. 691.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 116–154, §5(d), Aug. 8, 2020, 134 Stat. 692, provided that: "The amendment made by subsection (a) [enacting this section] shall take effect on August 1, 2021."
38 U.S.C. § 8101 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter I / Section 8101: Definitions
Definitions
Status: in_force

For the purposes of this subchapter:

(1) The term "alter", with respect to a medical facility, means to repair, remodel, improve, or extend such medical facility.

(2) The terms "construct" and "alter", with respect to a medical facility, include such engineering, architectural, legal, fiscal, and economic investigations and studies and such surveys, designs, plans, construction documents, specifications, procedures, and other similar actions as are necessary for the construction or alteration, as the case may be, of such medical facility and as are carried out after the completion of the advanced planning (including the development of project requirements and design development) for such facility.

(3) The term "medical facility" means any facility or part thereof which is, or will be, under the jurisdiction of the Secretary, or as otherwise authorized by law, for the provision of health-care services (including hospital, outpatient clinic, nursing home, or domiciliary care or medical services), including any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, trackage facilities leading thereto, abutting sidewalks, accommodations for attending personnel, and recreation facilities associated therewith.

(4) The term "committee" means the Committee on Veterans' Affairs of the House of Representatives or the Committee on Veterans' Affairs of the Senate, and the term "committees" means both such committees.

(Added Pub. L. 96–22, title III, §301(a), June 13, 1979, 93 Stat. 55, §5001; renumbered §8101, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 104–262, title II, §207(a), Oct. 9, 1996, 110 Stat. 3190; Pub. L. 115–182, title V, §503(a), June 6, 2018, 132 Stat. 1476.)

Editorial Notes

Amendments

2018—Par. (3). Pub. L. 115–182, which directed substitution of "Secretary, or as otherwise authorized by law, for the provision of health-care services (including hospital, outpatient clinic, nursing home," for "Secretary for the provision of health-care services (including hospital, nursing home," in section 8101(3), without specifying the Code title to be amended, was executed by making the substitution in par. (3) of this section, to reflect the probable intent of Congress.

1996—Par. (2). Pub. L. 104–262 substituted "construction documents" for "working drawings" and "design development" for "preliminary plans".

1991—Pub. L. 102–40 renumbered section 5001 of this title as this section.

Par. (3). Pub. L. 102–83 substituted "Secretary" for "Administrator".

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 96–22, title III, §302, June 13, 1979, 93 Stat. 62, provided that:

"(a) Except as provided in subsection (b) of this section, the amendments made by section 301 [enacting this subchapter, redesignating sections 5011 to 5014 of this title as sections 5021 to 5024 [now 8121 to 8124], respectively, and amending section 5022 [now 8122] of this title as so redesignated] shall take effect on October 1, 1979.

"(b)(1) The amendments made by section 301 shall not apply with respect to the acquisition, construction, or alteration of any medical facility (as defined in section 5001(3) [now 8101(3)] of title 38, United States Code, as amended by section 301(a) of this Act) if such acquisition, construction, or alteration (not including exchange) was approved before October 1, 1979, by the President.

"(2) The provisions of [former] section 5007(a) of title 38, United States Code, as amended by section 301(a) of this Act, shall take effect on the date of the enactment of this Act [June 13, 1979]."
38 U.S.C. § 7453 (2024) — Title 38: VETERANS' BENEFITS / Chapter 74 / Subchapter IV / Section 7453: Nurses: additional pay
Nurses: additional pay
Status: in_force

(a) In addition to the rate of basic pay provided for nurses, a full-time nurse or part-time nurse shall receive additional pay as provided by this section.

(b) A nurse performing service, any part of which is within the period commencing at 6 postmeridian and ending at 6 antemeridian, shall receive additional pay for each hour of such service at a rate equal to 10 percent of the nurse's hourly rate of basic pay if at least four hours of such service fall between 6 postmeridian and 6 antemeridian. When less than four hours of such service fall between 6 postmeridian and 6 antemeridian, the nurse shall be paid the differential for each hour of service performed between those hours.

(c) A nurse performing service, any part of which is within the period commencing at midnight Friday and ending at midnight Sunday, shall receive additional pay for each hour of such service at a rate equal to 25 percent of such nurse's hourly rate of basic pay.

(d) A nurse performing service on a holiday designated by Federal statute or Executive order shall receive for each hour of such service the nurse's hourly rate of basic pay, plus additional pay at a rate equal to such hourly rate of basic pay, for that holiday service, including overtime service. Any service required to be performed by a nurse on such a designated holiday shall be deemed to be a minimum of two hours in duration.

(e)(1) A nurse performing officially ordered or approved hours of service in excess of 40 hours in an administrative workweek, or in excess of eight consecutive hours, shall receive overtime pay for each hour of such additional service. The overtime rates shall be one and one-half times such nurse's hourly rate of basic pay.

(2) For the purposes of this subsection, overtime must be of at least 15 minutes duration in a day to be creditable for overtime pay.

(3) Compensatory time off in lieu of pay for service performed under the provisions of this subsection shall not be permitted, except as voluntarily requested in writing by the nurse in question.

(4) Any excess service performed under this subsection on a day when service was not scheduled for such nurse, or for which such nurse is required to return to the nurse's place of employment, shall be deemed to be a minimum of two hours in duration.

(5) For the purposes of this subsection, the period of a nurse's officially ordered or approved travel away from such nurse's duty station may not be considered to be hours of service unless—

(A) such travel occurs during such nurse's period of service; or

(B) such travel—

(i) involves the performance of services while traveling,

(ii) is incident to travel that involves the performance of services while traveling,

(iii) is carried out under arduous conditions as determined by the Secretary, or

(iv) results from an event which could not be scheduled or controlled administratively.

(f) For the purpose of computing the additional pay provided by subsection (b), (c), (d), or (e), a nurse's hourly rate of basic pay shall be derived by dividing such nurse's annual rate of basic pay by 2,080.

(g) When a nurse is entitled to two or more forms of additional pay under subsection (b), (c), (d), or (e) for the same period of service, the amounts of such additional pay shall be computed separately on the basis of such nurse's hourly rate of basic pay, except that no overtime pay as provided in subsection (e) shall be payable for overtime service performed on a holiday designated by Federal statute or Executive order in addition to pay received under subsection (d) for such service.

(h) A nurse who is officially scheduled to be on call outside such nurse's regular hours or on a holiday designated by Federal statute or Executive order shall be paid for each hour of such on-call duty, except for such time as such nurse may be called back to work, at a rate equal to 10 percent of the hourly rate for excess service as provided in subsection (e).

(i) Any additional pay paid pursuant to this section shall not be considered as basic pay for the purposes of the following provisions of title 5 (and any other provision of law relating to benefits based on basic pay):

(1) Subchapter VI of chapter 55.

(2) Section 5595.

(3) Chapters 81, 83, 84, and 87.

(j)(1) Notwithstanding any other provision of law and subject to paragraph (2), the Secretary may increase the rates of additional pay authorized under subsections (b) through (h) if the Secretary determines that it is necessary to do so in order to obtain or retain the services of nurses.

(2) An increase under paragraph (1) in rates of additional pay—

(A) may be made at any specific Department health-care facility in order to provide nurses, or any category of nurses, at such facility additional pay in an amount competitive with, but not exceeding, the amount of the same type of pay that is paid to the same category of nurses at non-Federal health-care facilities in the same geographic area as such Department health-care facility (based upon a reasonably representative sampling of such non-Federal facilities); and

(B) may be made on a nationwide, local, or other geographic basis if the Secretary finds that such an increase is justified on the basis of a review of the need for such increase (based upon a reasonably representative sampling of non-Federal health-care facilities in the geographic area involved).

(Added Pub. L. 102–40, title IV, §401(b)(4), May 7, 1991, 105 Stat. 232; amended Pub. L. 103–446, title XII, §1201(e)(24), (g)(6), Nov. 2, 1994, 108 Stat. 4686, 4687; Pub. L. 111–163, title VI, §601(k)(1), May 5, 2010, 124 Stat. 1171.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 4107(e) of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.

Amendments

2010—Subsec. (a). Pub. L. 111–163, §601(k)(1)(A), substituted "a full-time nurse or part-time nurse" for "a nurse".

Subsec. (b). Pub. L. 111–163, §601(k)(1)(B), struck out "on a tour of duty" after "performing service" and substituted "hour of such service" for "hour of service on such tour", "at least four hours of such service" for "at least four hours of such tour", and "less than four hours of such service" for "less than four hours of such tour".

Subsec. (c). Pub. L. 111–163, §601(k)(1)(C), struck out "on a tour of duty" after "performing service" and substituted "such service" for "service on such tour".

Subsec. (e)(1). Pub. L. 111–163, §601(k)(1)(D)(i), substituted "eight consecutive hours" for "eight hours in a day".

Subsec. (e)(5)(A). Pub. L. 111–163, §601(k)(1)(D)(ii), substituted "period of service" for "tour of duty".

1994—Subsecs. (f), (g). Pub. L. 103–446, §1201(e)(24), substituted "subsection (b), (c), (d), or (e)" for "subsections (b), (c), (d), or (e)".

Subsec. (i)(3). Pub. L. 103–446, §1201(g)(6), struck out "of title 5" before period at end.
38 U.S.C. § 7461 (2024) — Title 38: VETERANS' BENEFITS / Chapter 74 / Subchapter V / Section 7461: Adverse actions: section 7401(1) employees
Adverse actions: section 7401(1) employees
Status: in_force

(a) Whenever the Under Secretary for Health (or an official designated by the Under Secretary for Health) brings charges based on conduct or performance against a section 7401(1) employee and as a result of those charges an adverse personnel action is taken against the employee, the employee shall have the right to appeal the action.

(b)(1) If the case involves or includes a question of professional conduct or competence in which a major adverse action was taken, such an appeal shall be made to a Disciplinary Appeals Board under section 7462 of this title.

(2) In any case other than a case described in paragraph (1) that involves or includes a question of professional conduct or competence in which a major adverse action was not taken, such an appeal shall be made through Department grievance procedures under section 7463 of this title.

(c) For purposes of this subchapter—

(1) Section 7401(1) employees are employees of the Department employed on a full-time basis under a permanent appointment in a position listed in section 7401(1) of this title (other than employees in senior executive positions (as defined in section 713(d) of this title) and interns and residents appointed pursuant to section 7406 of this title).

(2) A major adverse action is an adverse action which includes any of the following:

(A) Suspension.

(B) Transfer.

(C) Reduction in grade.

(D) Reduction in basic pay.

(E) Discharge.

(3) A question of professional conduct or competence is a question involving any of the following:

(A) Direct patient care.

(B) Clinical competence.

(d) An issue of whether a matter or question concerns, or arises out of, professional conduct or competence is not itself subject to any grievance procedure provided by law, regulation, or collective bargaining and may not be reviewed by any other agency.

(e) Whenever the Secretary proposes to prescribe regulations under this subchapter, the Secretary shall publish the proposed regulations in the Federal Register for notice-and-comment not less than 30 days before the day on which they take effect.

(Added Pub. L. 102–40, title II, §203(a), May 7, 1991, 105 Stat. 202; amended Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 115–41, title II, §§201(b), 208(a), June 23, 2017, 131 Stat. 869, 878.)

Editorial Notes

Prior Provisions

Provisions similar to those in this subchapter were contained in section 4110 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.

Amendments

2017—Subsec. (b)(2). Pub. L. 115–41, §208(a), amended par. (2) generally. Prior to amendment, par. (2) related to the appeals procedure for cases not described in par. (1).

Subsec. (c)(1). Pub. L. 115–41, §201(b), inserted "employees in senior executive positions (as defined in section 713(d) of this title) and" before "interns".

1992—Subsec. (a). Pub. L. 102–405 substituted "Under Secretary for Health" for "Chief Medical Director" in two places.

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 102–40, title II, §204, May 7, 1991, 105 Stat. 207, provided that: "The Secretary of Veterans Affairs shall prescribe regulations under subchapter V of chapter 74 of title 38, United States Code (as added by section 203), not later than 180 days after the date of the enactment of this Act [May 7, 1991]. Such regulations shall be published in the Federal Register for notice-and-comment not less than 30 days before the day on which they take effect."
38 U.S.C. § 7326 (2024) — Title 38: VETERANS' BENEFITS / Chapter 73 / Subchapter II / Section 7326: Education and training programs on medical response to consequences of terrorist activities
Education and training programs on medical response to consequences of terrorist activities
Status: in_force

(a) Education Program.—The Secretary shall carry out a program to develop and disseminate a series of model education and training programs on the medical responses to the consequences of terrorist activities.

(b) Implementing Official.—The program shall be carried out through the Under Secretary for Health, in consultation with the Assistant Secretary of Veterans Affairs with responsibility for operations, preparedness, security, and law enforcement functions.

(c) Content of Programs.—The education and training programs developed under the program shall be modelled after programs established at the F. Edward Hebért School of Medicine of the Uniformed Services University of the Health Sciences and shall include, at a minimum, training for health care professionals in the following:

(1) Recognition of chemical, biological, radiological, incendiary, or other explosive agents, weapons, or devices that may be used in terrorist activities.

(2) Identification of the potential symptoms of exposure to those agents.

(3) Understanding of the potential long-term health consequences, including psychological effects, resulting from exposure to those agents, weapons, or devices.

(4) Emergency treatment for exposure to those agents, weapons, or devices.

(5) An appropriate course of followup treatment, supportive care, and referral.

(6) Actions that can be taken while providing care for exposure to those agents, weapons, or devices to protect against contamination, injury, or other hazards from such exposure.

(7) Information on how to seek consultative support and to report suspected or actual use of those agents.

(d) Potential Trainees.—In designing the education and training programs under this section, the Secretary shall ensure that different programs are designed for health-care professionals in Department medical centers. The programs shall be designed to be disseminated to health professions students, graduate health and medical education trainees, and health practitioners in a variety of fields.

(e) Consultation.—In establishing education and training programs under this section, the Secretary shall consult with appropriate representatives of accrediting, certifying, and coordinating organizations in the field of health professions education.

(Added Pub. L. 107–287, §3(a)(1), Nov. 7, 2002, 116 Stat. 2027.)

Statutory Notes and Related Subsidiaries

Implementation

Pub. L. 107–287, §3(b), Nov. 7, 2002, 116 Stat. 2028, provided that: "The Secretary of Veterans Affairs shall implement section 7326 of title 38, United States Code, as added by subsection (a), not later than the end of the 90-day period beginning on the date of the enactment of this Act [Nov. 7, 2002]."
38 U.S.C. § 1706A (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter I / Section 1706A: Remediation of medical service lines
Remediation of medical service lines
Status: in_force

(a) In General.—Not later than 30 days after determining under section 1703(e)(1) of this title that a medical service line of the Department is providing hospital care, medical services, or extended care services that does not comply with the standards for quality established by the Secretary, the Secretary shall submit to Congress an assessment of the factors that led the Secretary to make such determination and a plan with specific actions, and the time to complete them, to be taken to comply with such standards for quality, including the following:

(1) Increasing personnel or temporary personnel assistance, including mobile deployment teams.

(2) Special hiring incentives, including the Education Debt Reduction Program under subchapter VII of chapter 76 of this title and recruitment, relocation, and retention incentives.

(3) Utilizing direct hiring authority.

(4) Providing improved training opportunities for staff.

(5) Acquiring improved equipment.

(6) Making structural modifications to the facility used by the medical service line.

(7) Such other actions as the Secretary considers appropriate.

(b) Responsible Parties.—In each assessment submitted under subsection (a) with respect to a medical service line, the Secretary shall identify the individuals at the Central Office of the Veterans Health Administration, the facility used by the medical service line, and the central office of the relevant Veterans Integrated Service Network who are responsible for overseeing the progress of that medical service line in complying with the standards for quality established by the Secretary.

(c) Interim Reports.—Not later than 180 days after submitting an assessment under subsection (a) with respect to a medical service line, the Secretary shall submit to Congress a report on the progress of that medical service line in complying with the standards for quality established by the Secretary and any other measures the Secretary will take to assist the medical service line in complying with such standards for quality.

(d) Annual Reports.—Not less frequently than once each year, the Secretary shall—

(1) submit to Congress an analysis of the remediation actions and costs of such actions taken with respect to each medical service line with respect to which the Secretary submitted an assessment and plan under subsection (a) in the preceding year, including an update on the progress of each such medical service line in complying with the standards for quality and timeliness established by the Secretary and any other actions the Secretary is undertaking to assist the medical service line in complying with standards for quality as established by the Secretary; and

(2) publish such analysis on the internet website of the Department.

(Added Pub. L. 115–182, title I, §109(a), June 6, 2018, 132 Stat. 1417; amended Pub. L. 115–251, title II, §211(a)(6), Sept. 29, 2018, 132 Stat. 3175.)

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–251, §211(a)(6)(A), inserted "of this title" after "section 1703(e)(1)" in introductory provisions.

Subsec. (d)(1). Pub. L. 115–251, §211(a)(6)(B), substituted "subsection (a)" for "paragraph (1)".
38 U.S.C. § 5302 (2024) — Title 38: VETERANS' BENEFITS / Chapter 53 / Section 5302: Waiver of recovery of claims by the United States
Waiver of recovery of claims by the United States
Status: in_force

(a)(1) There shall be no recovery of payments or overpayments (or any interest thereon) of any benefits under any of the laws administered by the Secretary whenever the Secretary determines that recovery would be against equity and good conscience, if an application for relief is made within one year from the date of notification of the indebtedness by the Secretary to the payee, or within such longer period as the Secretary determines is reasonable in a case in which the payee demonstrates to the satisfaction of the Secretary that such notification was not actually received by such payee within a reasonable period after such date. The Secretary shall include in the notification to the payee a statement of the right of the payee to submit an application for a waiver under this subsection and a description of the procedures for submitting the application.

(2) The Secretary may not seek to recover an indebtedness described in paragraph (1) if the Secretary determines that the cost to the Department to recover such indebtedness, as determined when the debt is established, would exceed the amount of the indebtedness.

(b) With respect to any loan guaranteed, insured, or made under chapter 37 of this title, the Secretary shall, except as provided in subsection (c) of this section, waive payment of an indebtedness to the Department by the veteran (as defined in sections 101, 3701, and 3702(a)(2)(C)(ii) of this title), or the veteran's spouse, following default and loss of the property, where the Secretary determines that collection of such indebtedness would be against equity and good conscience. An application for relief under this subsection must be made within one year after the date on which the veteran receives notice by certified mail with return receipt requested from the Secretary of the indebtedness. The Secretary shall include in the notification a statement of the right of the veteran to submit an application for a waiver under this subsection and a description of the procedures for submitting the application.

(c) The recovery of any payment or the collection of any indebtedness (or any interest thereon) may not be waived under this section if, in the Secretary's opinion, there exists in connection with the claim for such waiver an indication of fraud, misrepresentation or bad faith on the part of the person or persons having an interest in obtaining a waiver of such recovery or the collection of such indebtedness (or any interest thereon).

(d) No certifying or disbursing officer shall be liable for any amount paid to any person where the recovery of such amount is waived under subsection (a) or (b).

(e) Where the recovery of a payment or overpayment made from the National Service Life Insurance Fund or United States Government Life Insurance Fund is waived under this section, the fund from which the payment was made shall be reimbursed from the National Service Life Insurance appropriation or the military and naval insurance appropriation, as applicable.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1230, §3102; Pub. L. 92–328, title II, §202(a), June 30, 1972, 86 Stat. 396; Pub. L. 96–466, title VI, §605(c)(3), Oct. 17, 1980, 94 Stat. 2211; Pub. L. 97–306, title IV, §407(a), Oct. 14, 1982, 96 Stat. 1445; Pub. L. 99–576, title VII, §701(69), Oct. 28, 1986, 100 Stat. 3296; Pub. L. 101–237, title III, §311, Dec. 18, 1989, 103 Stat. 2075; renumbered §5302, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–54, §5, June 13, 1991, 105 Stat. 268; Pub. L. 102–83, §§4(a)(1), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 102–547, §12, Oct. 28, 1992, 106 Stat. 3645; Pub. L. 105–33, title VIII, §8033(b), Aug. 5, 1997, 111 Stat. 669; Pub. L. 117–328, div. U, title II, §§254(a), 255(c), Dec. 29, 2022, 136 Stat. 5464, 5465.)

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–328, §255(c), designated existing provisions as par. (1) and added par. (2).

Subsec. (a)(1). Pub. L. 117–328, §254(a), substituted "one year" for "180 days".

1997—Subsec. (b). Pub. L. 105–33 inserted "with return receipt requested" after "certified mail".

1992—Subsecs. (a), (b). Pub. L. 102–547 made technical correction to directory language of Pub. L. 102–54, §5. See 1991 Amendment note below.

1991—Pub. L. 102–40 renumbered section 3102 of this title as this section.

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

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

Pub. L. 102–54, §5(1), as amended by Pub. L. 102–547, inserted at end "The Secretary shall include in the notification to the payee a statement of the right of the payee to submit an application for a waiver under this subsection and a description of the procedures for submitting the application."

Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "3701" and "3702(a)(2)(C)(ii)" for "1801" and "1802(a)(2)(C)(ii)", respectively.

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

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

Pub. L. 102–54, §5(2), as amended by Pub. L. 102–547, substituted "101, 1801, and 1802(a)(2)(C)(ii) of this title" for "101 and 1801" and inserted at end "An application for relief under this subsection must be made within one year after the date on which the veteran receives notice by certified mail from the Secretary of the indebtedness. The Secretary shall include in the notification a statement of the right of the veteran to submit an application for a waiver under this subsection and a description of the procedures for submitting the application."

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

1989—Subsec. (b). Pub. L. 101–237, §311(1), substituted "shall, except as provided in subsection (c) of this section," for "may".

Subsec. (c). Pub. L. 101–237, §311(2), substituted "The recovery of any payment or the collection of any indebtedness (or any interest thereon) may not be waived under this section" for "The Administrator may not exercise the Administrator's authority under subsection (a) or (b) of this section to waive recovery of any payment or the collection of any indebtedness (or any interest thereon)" and substituted "or bad faith" for ", material fault, or lack of good faith".

1986—Subsec. (b). Pub. L. 99–576, §701(69)(A), substituted "the veteran's" for "his" before "spouse".

Subsec. (c). Pub. L. 99–576, §701(69)(B), substituted "the Administrator's" for "his" in two places.

1982—Subsec. (a). Pub. L. 97–306 substituted "180 days" for "two years", and inserted condition relating to such longer period as the Administrator determines is reasonable in cases demonstrated to involve actual failure of notification to payee.

1980—Subsec. (a). Pub. L. 96–466, §605(c)(3)(A), inserted "(or any interest thereon)" after "overpayments".

Subsec. (c). Pub. L. 96–466, §605(c)(3)(B), inserted "(or any interest thereon)" after "indebtedness" in two places.

1972—Pub. L. 92–328 substituted "claims by the United States" for "overpayments" in section catchline, struck out "(except servicemen's indemnity)" after "any benefits" in subsec. (a), struck out provisions relating to recovery of benefits from any person without fault on his part, and inserted provisions relating to an application for relief made within two years from the date of notification of the indebtedness by the Administrator to the payee, added subsecs. (b) and (c), redesignated former subsec. (b) as (d), and inserted reference to subsec. (b), and redesignated former subsec. (c) as (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–328, div. U, title II, §254(b), Dec. 29, 2022, 136 Stat. 5464, provided that: "Subsection (a) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 29, 2022]."

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–33 applicable with respect to any indebtedness to the United States arising pursuant to chapter 37 of this title before, on, or after Aug. 5, 1997, see section 8033(c) of Pub. L. 105–33, set out as a note under section 3726 of this title.

Effective Date of 1982 Amendment

Pub. L. 97–306, title IV, §407(b), Oct. 14, 1982, 96 Stat. 1445, provided that: "The amendments made by subsection (a) [amending this section] shall apply only with respect to notifications of indebtedness that are made by the Administrator of Veterans' Affairs after March 31, 1983."

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(f) of Pub. L. 96–466, set out as an Effective Date note under section 5314 of this title.

Effective Date of 1972 Amendment

Amendment by Pub. L. 92–328 effective June 30, 1972, see section 301(c) of Pub. L. 92–328, set out as a note under section 3713 of this title.

Applicability of Waiver Authority to Improper Payments, Overpayments, and Indebtedness Established by the Administrator Prior to Effective Date of Pub. L. 92–328

Pub. L. 92–328, title II, §202(b), June 30, 1972, 86 Stat. 397, provided that the waiver authority under subsec. (a) of this section is applicable to improper payments, overpayments, and indebtedness established by the Administrator prior to the effective date of Pub. L. 92–328 if application for relief was pending on June 30, 1972, or such an application was made within two years from June 30, 1972.

For effective date of Pub. L. 92–328, see Effective Date of 1972 Amendment notes set out under sections 1114, 1134, and 3713 of this title.
38 U.S.C. § 8520 (2024) — Title 38: VETERANS' BENEFITS / Chapter 85 / Subchapter II / Section 8520: Vesting of property left by decedents
Vesting of property left by decedents
Status: in_force

(a) Whenever any veteran (admitted as a veteran), or a dependent or survivor of a veteran receiving care under the penultimate sentence of section 1781(b) of this title, shall die while a member or patient in any facility, or any hospital while being furnished care or treatment therein by the Department, and shall not leave any surviving spouse, next of kin, or heirs entitled, under the laws of the decedent's domicile, to the decedent's personal property as to which such person dies intestate, all such property, including money and choses in action, owned by such person at the time of death and not disposed of by will or otherwise, shall immediately vest in and become the property of the United States as trustee for the sole use and benefit of the General Post Fund (hereinafter in this subchapter referred to as the "Fund"), a trust fund prescribed by section 1321(a)(45) of title 31.

(b) The provisions of subsection (a) are conditions precedent to the initial, and also to the further furnishing of care or treatment by the Department in a facility or hospital. The acceptance and the continued acceptance of care or treatment by any veteran (admitted as a veteran to a Department facility or hospital) shall constitute an acceptance of the provisions and conditions of this subchapter and have the effect of an assignment, effective at such person's death, of such assets in accordance with and subject to the provisions of this subchapter and regulations issued in accordance with this subchapter.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1259, §5220; Pub. L. 94–581, title II, §208(b), Oct. 21, 1976, 90 Stat. 2860; Pub. L. 97–258, §3(k)(9), Sept. 13, 1982, 96 Stat. 1066; Pub. L. 99–576, title VII, §701(99), Oct. 28, 1986, 100 Stat. 3300; renumbered §8520, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §§4(a)(3), (4), 5(c)(1), Aug. 6, 1991, 105 Stat. 404, 406; Pub. L. 107–14, §8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 107–135, title II, §208(e)(9), Jan. 23, 2002, 115 Stat. 2464.)

Editorial Notes

Amendments

2002—Subsec. (a). Pub. L. 107–135 substituted "the penultimate sentence of section 1781(b)" for "the last sentence of section 1713(b)".

2001—Subsec. (a). Pub. L. 107–14 substituted "hereinafter" for "hereafter".

1991—Pub. L. 102–40 renumbered section 5220 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "1713(b)" for "613(b)".

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

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

1986—Subsec. (a). Pub. L. 99–576, §701(99)(A), substituted "any surviving" for "surviving him any", "the decedent's" for "his" in two places, "such person" for "he", and "owned by such person" for "owned by him".

Subsec. (b). Pub. L. 99–576, §701(99)(B), substituted "such person's" for "his".

1982—Subsec. (a). Pub. L. 97–258 substituted "section 1321(a)(45) of title 31" for "section 725s(a)(45) of title 31".

1976—Subsec. (a). Pub. L. 94–581 inserted ", or a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title," after "(admitted as a veteran)".

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
38 U.S.C. § 1909 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter I / Section 1909: Effective date of insurance
Effective date of insurance
Status: in_force

Insurance may be made effective, as specified in the application, not later than the first day of the calendar month following the date of application therefor, but the United States shall not be liable thereunder for death occurring before such effective date.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1149, §709; renumbered §1909, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 709 of this title as this section.
38 U.S.C. § 1744 (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter V / Section 1744: Hiring and retention of nurses: payments to assist States
Hiring and retention of nurses: payments to assist States
Status: in_force

(a) Payment Program.—The Secretary shall make payments to States under this section for the purpose of assisting State homes in the hiring and retention of nurses and the reduction of nursing shortages at State homes.

(b) Eligible Recipients.—Payments to a State for a fiscal year under this section shall, subject to submission of an application, be made to any State that during that fiscal year—

(1) receives per diem payments under this subchapter for that fiscal year; and

(2) has in effect an employee incentive scholarship program or other employee incentive program at a State home designed to promote the hiring and retention of nursing staff and to reduce nursing shortages at that home.

(c) Use of Funds Received.—A State may use an amount received under this section only to provide funds for a program described in subsection (b)(2). Any program shall meet such criteria as the Secretary may prescribe. In prescribing such criteria, the Secretary shall take into consideration the need for flexibility and innovation.

(d) Limitations on Amount of Payment.—(1) A payment under this section may not be used to provide more than 50 percent of the costs for a fiscal year of the employee incentive scholarship or other employee incentive program for which the payment is made.

(2) The amount of the payment to a State under this section for any fiscal year is, for each State home in that State with a program described in subsection (b)(2), the amount equal to 2 percent of the amount of payments estimated to be made to that State, for that State home, under section 1741 of this title for that fiscal year.

(e) Applications.—A payment under this section for any fiscal year with respect to any State home may only be made based upon an application submitted by the State seeking the payment with respect to that State home. Any such application shall describe the nursing shortage at the State home and the employee incentive scholarship program or other employee incentive program described in subsection (c) for which the payment is sought.

(f) Source of Funds.—Payments under this section shall be made from funds available for other payments under this subchapter.

(g) Disbursement.—Payments under this section to a State home shall be made as part of the disbursement of payments under section 1741 of this title with respect to that State home.

(h) Use of Certain Receipts.—The Secretary shall require as a condition of any payment under this section that, in any case in which the State home receives a refund payment made by an employee in breach of the terms of an agreement for employee assistance that used funds provided under this section, the payment shall be returned to the State home's incentive program account and credited as a non-Federal funding source.

(i) Annual Report From Payment Recipients.—Any State home receiving a payment under this section for any fiscal year, shall, as a condition of the payment, be required to agree to provide to the Secretary a report setting forth in detail the use of funds received through the payment, including a descriptive analysis of how effective the incentive program has been on nurse staffing in the State home during that fiscal year. The report for any fiscal year shall be provided to the Secretary within 60 days of the close of the fiscal year and shall be subject to audit by the Secretary. Eligibility for a payment under this section for any later fiscal year is contingent upon the receipt by the Secretary of the annual report under this subsection for the previous fiscal year in accordance with this subsection.

(j) Regulations.—The Secretary shall prescribe regulations to carry out this section. The regulations shall include the establishment of criteria for the award of payments under this section.

(Added Pub. L. 108–422, title II, §201(a)(1), Nov. 30, 2004, 118 Stat. 2380.)

Statutory Notes and Related Subsidiaries

Implementation

Pub. L. 108–422, title II, §201(b), Nov. 30, 2004, 118 Stat. 2382, provided that: "The Secretary of Veterans Affairs shall implement section 1744 of title 38, United States Code, as added by subsection (a), as expeditiously as possible. The Secretary shall establish such interim procedures as necessary so as to ensure that payments are made to eligible States under that section commencing not later than June 1, 2005, notwithstanding that regulations under subsection (j) of that section may not have become final."
38 U.S.C. § 1729B (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter III / Section 1729B: Consolidated patient accounting centers
Consolidated patient accounting centers
Status: in_force

(a) In General.—Not later than five years after the date of the enactment of this section, the Secretary of Veterans Affairs shall establish not more than seven consolidated patient accounting centers for conducting industry-modeled regionalized billing and collection activities of the Department.

(b) Functions.—The centers shall carry out the following functions:

(1) Reengineer and integrate all business processes of the revenue cycle of the Department.

(2) Standardize and coordinate all activities of the Department related to the revenue cycle for all health care services furnished to veterans for non-service-connected medical conditions.

(3) Apply commercial industry standards for measures of access, timeliness, and performance metrics with respect to revenue enhancement of the Department.

(4) Apply other requirements with respect to such revenue cycle improvement as the Secretary may specify.

(Added Pub. L. 110–387, title IV, §406(a), Oct. 10, 2008, 122 Stat. 4129.)

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 110–387, which was approved Oct. 10, 2008.

Prior Provisions

A prior section 1729B, added Pub. L. 106–117, title II, §202(a), Nov. 30, 1999, 113 Stat. 1561; amended Pub. L. 107–103, title V, §509(c), Dec. 27, 2001, 115 Stat. 997; Pub. L. 107–330, title III, §308(g)(7), Dec. 6, 2002, 116 Stat. 2829, related to the Department of Veterans Affairs Health Services Improvement Fund, prior to repeal by Pub. L. 108–7, div. K, title I, §113(a)(1), Feb. 20, 2003, 117 Stat. 482.

Statutory Notes and Related Subsidiaries

Transfer of Balance

Pub. L. 108–7, div. K, title I, §113(a)(1), Feb. 20, 2003, 117 Stat. 482, repealed former section 1729B of this title and provided that any balance as of Feb. 20, 2003, in the Department of Veterans Affairs Health Services Improvement Fund established under former section 1729B was to be transferred to the Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of this title.
38 U.S.C. § 5303 (2024) — Title 38: VETERANS' BENEFITS / Chapter 53 / Section 5303: Certain bars to benefits
Certain bars to benefits
Status: in_force

(a) The discharge or dismissal by reason of the sentence of a general court-martial of any person from the Armed Forces, or the discharge of any such person on the ground that such person was a conscientious objector who refused to perform military duty or refused to wear the uniform or otherwise to comply with lawful orders of competent military authority, or as a deserter, or on the basis of an absence without authority from active duty for a continuous period of at least one hundred and eighty days if such person was discharged under conditions other than honorable unless such person demonstrates to the satisfaction of the Secretary that there are compelling circumstances to warrant such prolonged unauthorized absence, or of an officer by the acceptance of such officer's resignation for the good of the service, or (except as provided in subsection (c)) the discharge of any individual during a period of hostilities as an alien, shall bar all rights of such person under laws administered by the Secretary based upon the period of service from which discharged or dismissed, notwithstanding any action subsequent to the date of such discharge by a board established pursuant to section 1553 of title 10.

(b) Notwithstanding subsection (a), if it is established to the satisfaction of the Secretary that, at the time of the commission of an offense leading to a person's court-martial, discharge, or resignation, that person was insane, such person shall not be precluded from benefits under laws administered by the Secretary based upon the period of service from which such person was separated.

(c) Subsection (a) shall not apply to any alien whose service was honest and faithful, and who was not discharged on the individual's own application or solicitation as an alien. No individual shall be considered as having been discharged on the individual's own application or solicitation as an alien in the absence of affirmative evidence establishing that the individual was so discharged.

(d) This section shall not apply to the following:

(1) Any war-risk insurance, Government (converted) or National Service Life Insurance policy.

(2) Benefits under section 2011, 2012, 2013, 2044, or 2061 of this title (except for benefits for individuals discharged or dismissed from the Armed Forces by reason of the sentence of a general court-martial).

(e)(1) Notwithstanding any other provision of law, (A) no benefits under laws administered by the Secretary shall be provided, as a result of a change in or new issuance of a discharge under section 1553 of title 10, except upon a case-by-case review by the board of review concerned, subject to review by the Secretary concerned, under such section, of all the evidence and factors in each case under published uniform standards (which shall be historically consistent with criteria for determining honorable service and shall not include any criterion for automatically granting or denying such change or issuance) and procedures generally applicable to all persons administratively discharged or released from active military, naval, air, or space service under other than honorable conditions; and (B) any such person shall be afforded an opportunity to apply for such review under such section 1553 for a period of time terminating not less than one year after the date on which such uniform standards and procedures are promulgated and published.

(2) Notwithstanding any other provision of law—

(A) no person discharged or released from active military, naval, air, or space service under other than honorable conditions who has been awarded a general or honorable discharge under revised standards for the review of discharges, (i) as implemented by the President's directive of January 19, 1977, initiating further action with respect to the President's Proclamation 4313 of September 16, 1974, (ii) as implemented on or after April 5, 1977, under the Department of Defense's special discharge review program, or (iii) as implemented subsequent to April 5, 1977, and not made applicable to all persons administratively discharged or released from active military, naval, air, or space service under other than honorable conditions, shall be entitled to benefits under laws administered by the Secretary except upon a determination, based on a case-by-case review, under standards (meeting the requirements of paragraph (1) of this subsection) applied by the board of review concerned under section 1553 of title 10, subject to review by the Secretary concerned, that such person would be awarded an upgraded discharge under such standards; and

(B) such determination shall be made by such board (i) on an expedited basis after notification by the Department to the Secretary concerned that such person has received, is in receipt of, or has applied for such benefits or after a written request is made by such person or such determination, (ii) on its own initiative before October 9, 1978, in any case where a general or honorable discharge has been awarded before October 9, 1977, under revised standards referred to in clause (A)(i), (ii), or (iii) of this paragraph, or (iii) on its own initiative at the time a general or honorable discharge is so awarded in any case where a general or honorable discharge is awarded after October 8, 1977.

If such board makes a preliminary determination that such person would not have been awarded an upgraded discharge under standards meeting the requirements of paragraph (1) of this subsection, such person shall be entitled to an appearance before the board, as provided for in section 1553(c) of title 10, prior to a final determination on such question and shall be given written notice by the board of such preliminary determination and of the right to such appearance. The Secretary shall, as soon as administratively feasible, notify the appropriate board of review of the receipt of benefits under laws administered by the Secretary, or of the application for such benefits, by any person awarded an upgraded discharge under revised standards referred to in clause (A)(i), (ii), or (iii) of this paragraph with respect to whom a favorable determination has not been made under this paragraph.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1230, §3103; Pub. L. 86–113, July 28, 1959, 73 Stat. 262; Pub. L. 95–126, §1(a), Oct. 8, 1977, 91 Stat. 1106; Pub. L. 97–295, §4(75), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 99–576, title VII, §701(70), Oct. 28, 1986, 100 Stat. 3296; renumbered §5303, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 114–315, title VII, §702, Dec. 16, 2016, 130 Stat. 1585; Pub. L. 116–283, div. A, title IX, §926(a)(55), Jan. 1, 2021, 134 Stat. 3830.)

Editorial Notes

References in Text

President's Proclamation 4313 of September 16, 1974, referred to in subsec. (e)(2)(A), is set out as a note under section 3811 of Title 50, War and National Defense.

Amendments

2021—Subsec. (e). Pub. L. 116–283 substituted "air, or space service" for "or air service" wherever appearing.

2016—Subsec. (d). Pub. L. 114–315 substituted "not apply to the following:" and pars. (1) and (2) for "not apply to any war-risk insurance, Government (converted) or National Service Life Insurance policy."

1991—Pub. L. 102–40 renumbered section 3103 of this title as this section.

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

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

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

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

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

Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration" in subpar. (A) and last sentence.

1986—Subsec. (a). Pub. L. 99–576, §701(70)(A), substituted "such person" for "he" after "on the ground that" and "such officer's" for "his" before "resignation".

Subsec. (b). Pub. L. 99–576, §701(70)(B), substituted "a person's" for "his", "that person" for "any person", and "such person" for "he" before "was separated".

Subsec. (c). Pub. L. 99–576, §701(70)(C), substituted "the individual's" for "his" in two places, and "the individual" for "he".

Subsec. (e)(2). Pub. L. 99–576, §701(70)(D), substituted "the" for "his or her" before "right to such appearance" at end of second sentence.

1982—Subsec. (e)(2)(B). Pub. L. 97–295 substituted "before October 9, 1978," for "within one year after the date of enactment of this paragraph", "before October 9, 1977," for "on or prior to the date of enactment of this paragraph", and "October 8, 1977" for "such enactment date".

1977—Subsec. (a). Pub. L. 95–126, §1(a)(1), inserted provisions barring a person in the Armed Forces from being a recipient of benefits when discharged on the basis of an absence without authority from active duty for a continuous period of at least one hundred and eighty days if such person was discharged under conditions other than honorable unless such person demonstrates to the satisfaction of the Administrator that there are compelling circumstances to warrant such prolonged unauthorized absence and barred benefits notwithstanding any action subsequent to the date of such discharge by a board established pursuant to section 1553 of Title 10.

Subsec. (e). Pub. L. 95–126, §1(a)(2), added subsec. (e).

1959—Subsec. (c). Pub. L. 86–113 required affirmative evidence to establish that alien was discharged on his own application or solicitation.

Statutory Notes and Related Subsidiaries

Effective Date of 1977 Amendment

Pub. L. 95–126, §5, Oct. 8, 1977, 91 Stat. 1108, provided that: "This Act [amending this section and section 101 of this title and enacting provisions set out below] shall become effective on the date of its enactment [Oct. 8, 1977], except that—

"(1) section 2 [set out below] shall become effective on October 1, 1977, or on such enactment date, whichever is later; and

"(2) the amendments made by section 1(a) [amending this section] shall apply retroactively to deny benefits under laws administered by the Veterans' Administration, except that, notwithstanding any other provision of law—

"(A) with respect to any person who, on such enactment date [Oct. 8, 1977] is receiving benefits under laws administered by the Veterans' Administration, (i) such benefits shall not be terminated under paragraph (2) of section 3103(e) [now 5303(e)] of title 38, United States Code, as added by section 1(a)(2) of this Act, until (I) the day on which a final determination not favorable to the person concerned is made on an expedited basis under paragraph (2) of such section 3103(e) [now 5303(e)], (II) the day following the expiration of ninety days after a preliminary determination not favorable to such person is made under such paragraph, or (III) the day following the expiration of one hundred and eighty days after such enactment date, whichever day is the earliest, and (ii) the United States shall not make any claim to recover the value of any benefits provided to such person prior to such earliest day;

"(B) with respect to any person awarded a general or honorable discharge under revised standards for the review of discharges referred to in clause (A) (i), (ii), or (iii) of such paragraph who has been provided any such benefits prior to such enactment date [Oct. 8, 1977], the United States shall not make any claim to recover the value of any benefits so provided; and

"(C) the amendments made by clause (1) of section 1(a) [amending this section] shall apply (i) retroactively only to persons awarded general or honorable discharges under such revised standards and to persons who, prior to the date of enactment of this Act [Oct. 8, 1977], had not attained general eligibility for such benefits by virtue of (I) a change in or new issuance of a discharge under section 1553 of title 10, United States Code, or (II) any other provision of law, and (ii) prospectively (on and after such enactment date) to all other persons."

Expedited Determinations After Information and Notification to Persons Awarded General or Honorable Discharges; Procedures for Application to Title 10 §1552 Board and to Secretary of Veterans Affairs

Pub. L. 95–126, §1(b), Oct. 8, 1977, 91 Stat. 1107, as amended by Pub. L. 100–527, §10(1), (2), Oct. 25, 1988, 102 Stat. 2640, 2641; Pub. L. 102–40, title IV, §402(d)(2), May 7, 1991, 105 Stat. 239, provided that:

"(1) The Secretary of Defense shall fully inform each person awarded a general or honorable discharge under revised standards for the review of discharges referred to in section 5303(e)(2)(A)(i), (ii), or (iii) [formerly 3103(e)(2)(A)(i), (ii), or (iii)] of title 38, United States Code, as added by subsection (a)(2) of this section, of his or her right to obtain an expedited determination under section 5303(e)(2)(B)(i) [formerly 3103(e)(2)(B)(i)] of such title and of the implications of the provisions of this Act [amending this section and section 101(18) of this title and enacting provisions set out as notes under this section] for each such person.

"(2) Notwithstanding any other provision of law, the Secretary of Defense shall inform each person who applies to a board of review under section 1553 of title 10, United States Code, and who appears to have been discharged under circumstances which might constitute a bar to benefits under section 5303(a) [formerly 3103(a)] of title 38, United States Code, (A) that such person might possibly be administratively found to be entitled to benefits under laws administered by the Department of Veterans Affairs only through the action of a board for the correction of military records under section 1552 of such title 10 or the action of the Secretary of Veterans Affairs under section 5303 [formerly 3103] of such title 38, and (B) of the procedures for making application to such section 1552 board for such purpose and to the Secretary of Veterans Affairs for such purpose (including the right to proceed concurrently under such sections 5303 [formerly 3103], 1552, and 1553)."

Health Care and Benefits for Disability During Active Service in Line of Duty, Except When Barred Under Subsec. (a) or by Bad Conduct Discharge

Pub. L. 95–126, §2, Oct. 8, 1977, 91 Stat. 1107, as amended by Pub. L. 100–527, §10(1), Oct. 25, 1988, 102 Stat. 2640; Pub. L. 102–40, title IV, §402(d)(2), May 7, 1991, 105 Stat. 239, provided that: "Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall provide the type of health care and related benefits authorized to be provided under chapter 17 of title 38, United States Code, for any disability incurred or aggravated during active military, naval, or air service in line of duty by a person other than a person barred from receiving benefits by section 5303(a) [formerly 3103(a)] of such title, but shall not provide such health care and related benefits pursuant to this section for any disability incurred or aggravated during a period of service from which such person was discharged by reason of a bad conduct discharge."

Regulations Respecting Standards and Procedures for Determination of Separation From Active Service Under Conditions Other Than Dishonorable Free of Unique or Special Advantages or Special Distinctions Between Veterans

Pub. L. 95–126, §4, Oct. 8, 1977, 91 Stat. 1108, as amended by Pub. L. 100–527, §10(1), (2), Oct. 25, 1988, 102 Stat. 2640; Pub. L. 102–40, title IV, §402(d)(2), May 7, 1991, 105 Stat. 239, provided that: "In promulgating, or making any revisions of or amendments to, regulations governing the standards and procedures by which the Department of Veterans Affairs determines whether a person was discharged or released from active military, naval, or air service under conditions other than dishonorable, the Secretary of Veterans Affairs shall, in keeping with the spirit and intent of this Act [amending this section and section 101(18) of this title and enacting provisions set out as notes under this section], not promulgate any such regulations or revise or amend any such regulations for the purpose of, or having the effect of, (1) providing any unique or special advantage to veterans awarded general or honorable discharges under revised standards for the review of discharges described in section 5303(e)(2)(A)(i), (ii), or (iii) [formerly 3103(e)(2)(A)(i), (ii), or (iii)] of title 38, United States Code, as added by section 1(a)(2) of this Act, or (2) otherwise making any special distinction between such veterans and other veterans."
38 U.S.C. § 1322 (2024) — Title 38: VETERANS' BENEFITS / Chapter 13 / Subchapter III / Section 1322: Certifications with respect to social security entitlement
Certifications with respect to social security entitlement
Status: in_force

(a) Determinations required by section 1312(a) of this title (other than a determination required by section 1312(a)(2) of this title) as to whether any survivor described in section 1312(a)(3) of this title of a deceased individual would be entitled to benefits under section 202 of the Social Security Act (42 U.S.C. 402) for any month and as to the amount of the benefits which would be paid for such month, if the deceased veteran had been a fully and currently insured individual at the time of such veteran's death, shall be made by the Commissioner of Social Security, and shall be certified by the Commissioner to the Secretary upon request of the Secretary.

(b) The Secretary shall pay to the Commissioner of Social Security an amount equal to the costs which will be incurred in making determinations and certifications under subsection (a). Such payments shall be made with respect to the costs incurred during such period (but not shorter than a calendar quarter) as the Secretary and the Commissioner may prescribe, with the amount of such payments to be made on the basis of estimates made by the Commissioner after consultation with the Secretary. The amount payable for any period shall be increased or reduced to compensate for any underpayment or overpayment, as the case may be, of the costs incurred in any preceding period.

(c) Except with respect to determinations made under subsection (a) of this section, the Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section and section 1312(a) of this title.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1132, §422; Pub. L. 87–268, §1(b), (c), Sept. 21, 1961, 75 Stat. 566; Pub. L. 94–433, title IV, §405(18), Sept. 30, 1976, 90 Stat. 1380; Pub. L. 97–295, §4(12), (95)(A), Oct. 12, 1982, 96 Stat. 1305, 1313; renumbered §1322 and amended Pub. L. 102–83, §§4(b)(1), (2)(A), (E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 108–183, title VII, §708(c)(1), Dec. 16, 2003, 117 Stat. 2673.)

Editorial Notes

Amendments

2003—Subsec. (a). Pub. L. 108–183, §708(c)(1)(A), substituted "Commissioner of Social Security, and shall be certified by the Commissioner to the Secretary upon request of the Secretary." for "Secretary of Health and Human Services, and shall be certified by such Secretary to the Secretary of Veterans Affairs upon request of the Secretary of Veterans Affairs."

Subsec. (b). Pub. L. 108–183, §708(c)(1)(B), substituted "Commissioner of Social Security" for "Secretary of Health and Human Services" in first sentence and substituted "the Secretary and the Commissioner" for "the two Secretaries" and "Commissioner" for "Secretary of Health and Human Services" in second sentence.

1991—Pub. L. 102–83, §5(a), renumbered section 422 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "1312(a)" for "412(a)", "1312(a)(2)" for "412(a)(2)", "1312(a)(3)" for "412(a)(3)".

Pub. L. 102–83, §4(b)(2)(A)(i), substituted "Secretary of Veterans Affairs" for "Administrator" in two places.

Subsec. (b). Pub. L. 102–83, §4(b)(2)(A)(ii), substituted "The Secretary shall pay to the Secretary of Health and Human Services" for "Upon the basis of estimates made by the Secretary of Health and Human Services after consultation with the Administrator, the Administrator shall pay to the Secretary" and "as the two Secretaries may prescribe, with the amount of such payments to be made on the basis of estimates made by the Secretary of Health and Human Services after consultation with the Secretary" for "as the Secretary and the Administrator may prescribe".

Subsec. (c). Pub. L. 102–83, §5(c)(1), substituted "1312(a)" for "412(a)".

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

1982—Subsec. (a). Pub. L. 97–295, §4(12), (95)(A), substituted "section 202 of the Social Security Act (42 U.S.C. 402)" for "section 402 of title 42", and "Health and Human Services" for "Health, Education, and Welfare".

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

1976—Subsec. (a). Pub. L. 94–433 substituted "such veteran's" and "such Secretary" for "his" and "him", respectively.

1961—Subsec. (a). Pub. L. 87–268 §1(c), substituted "section 412(a)" for "section 412", "section 412(a)(2)" for "section 412(2)", and "section 412(a)(3)" for "section 412(3)".

Subsec. (c). Pub. L. 87–268, §1(b), substituted "section 412(a)" for "section 412".

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

Effective Date of 1961 Amendment

Amendment by Pub. L. 87–268 effective Oct. 1, 1961, see section 3 of Pub. L. 87–268, set out as a note under section 1312 of this title.
38 U.S.C. § 5122 (2024) — Title 38: VETERANS' BENEFITS / Chapter 51 / Subchapter III / Section 5122: Cancellation of checks mailed to deceased payees
Cancellation of checks mailed to deceased payees
Status: in_force

A check received by a payee in payment of accrued benefits shall, if the payee died on or after the last day of the period covered by the check, be returned to the issuing office and canceled, unless negotiated by the payee or the duly appointed representative of the payee's estate. The amount represented by such check, or any amount recovered by reason of improper negotiation of any such check, shall be payable in the manner provided in section 5121 of this title, without regard to section 5121(c) of this title. Any amount not paid in the manner provided in section 5121 of this title shall be paid to the estate of the deceased payee unless the estate will escheat.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1229, §3022; Pub. L. 99–576, title VII, §701(67), Oct. 28, 1986, 100 Stat. 3296; renumbered §5122 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 104–316, title II, §202(t), Oct. 19, 1996, 110 Stat. 3845.)

Editorial Notes

Amendments

1996—Pub. L. 104–316 in last sentence struck out "upon settlement by the General Accounting Office" after "shall be paid".

1991—Pub. L. 102–40 renumbered section 3022 of this title as this section and substituted "5121" for "3021" in two places and "5121(c)" for "3021(c)".

1986—Pub. L. 99–576 substituted "the payee's" for "his" in first sentence.
38 U.S.C. § 7634 (2024) — Title 38: VETERANS' BENEFITS / Chapter 76 / Subchapter IV / Section 7634: Breach of agreement; waiver of liability
Breach of agreement; waiver of liability
Status: in_force

(a) An obligation under the Educational Assistance Program (or an agreement under the program) of a participant in the Educational Assistance Program for performance of services or payment of damages is canceled upon the death of the participant.

(b) The Secretary shall prescribe regulations providing for the waiver or suspension of any obligation of a participant for service or payment under the Educational Assistance Program (or an agreement under the program) whenever noncompliance by the participant is due to circumstances beyond the control of the participant or whenever the Secretary determines that the waiver or suspension of compliance is in the best interest of the United States.

(c) An obligation of a participant under the Educational Assistance Program (or an agreement thereunder) for payment of damages may not be released by a discharge in bankruptcy under title 11 before the expiration of the five-year period beginning on the first date the payment of such damages is due.

(Added Pub. L. 100–322, title II, §216(b), May 20, 1988, 102 Stat. 529, §4334; renumbered §7634, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 4334 of this title as this section.

Subsec. (b). Pub. L. 102–83 substituted "Secretary" for "Administrator" in two places.
38 U.S.C. § 7425 (2024) — Title 38: VETERANS' BENEFITS / Chapter 74 / Subchapter II / Section 7425: Employees: laws not applicable
Employees: laws not applicable
Status: in_force

(a) Physicians, dentists, nurses, and other health-care professionals employed by the Administration and appointed under section 7306, 7401(1), 7405, or 7406 of this chapter are not subject to the following provisions of law:

(1) Section 413 of the Civil Service Reform Act of 1978.

(2) Subchapter II of chapter 31 of title 5.

(3) Subchapter VIII of chapter 33 of title 5.

(4) Subchapter V of chapter 35 of title 5.

(5) Subchapter II of chapter 43 of title 5.

(6) Section 4507 of title 5.

(7) Subchapter VIII of chapter 53 of title 5.

(8) Subchapter V of chapter 75 of title 5.

(b) Except as provided in subsection (c), and notwithstanding any other provision of law, no provision of title 5 or any other law pertaining to the civil service system which is inconsistent with any provision of section 7306 of this title or this chapter shall be considered to supersede, override, or otherwise modify such provision of that section or this chapter except to the extent that such provision of title 5 or of such other law specifically provides, by specific reference to a provision of this chapter, or such provision to be superseded, overridden, or otherwise modified.

(c) Notwithstanding any other provision of this subchapter, the Administration shall provide to individuals appointed to any position described in section 7421(b) who are employed for compensation by the Administration, family and medical leave in the same manner and subject to the same limitations to the maximum extent practicable, as family and medical leave is provided under subchapter V of chapter 63 of title 5 to employees, as defined in section 6381(1) of such title.

(Added Pub. L. 102–40, title IV, §401(b)(3)(B), May 7, 1991, 105 Stat. 231; amended Pub. L. 116–283, div. A, title XI, §1103(d)(1), Jan. 1, 2021, 134 Stat. 3887.)

Editorial Notes

References in Text

Section 413 of the Civil Service Reform Act of 1978, referred to in subsec. (a)(1), is section 413 of Pub. L. 95–454, title IV, Oct. 13, 1978, 92 Stat. 1175, which is set out as a note under section 3133 of Title 5, Government Organization and Employees.

Prior Provisions

Provisions similar to those in this section were contained in sections 4101(e) and 4119 of this title prior to the repeal of those sections as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.

Amendments

2021—Subsec. (b). Pub. L. 116–283, §1103(d)(1)(A), substituted "Except as provided in subsection (c), and notwithstanding" for "Notwithstanding".

Subsec. (c). Pub. L. 116–283, §1103(d)(1)(B), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283, div. A, title XI, §1103(d)(2), Jan. 1, 2021, 134 Stat. 3888, provided that: "The amendments made by paragraph (1) [amending this section] shall apply with respect to any event for which leave may be taken under subchapter V of chapter 63 of title 5, United States Code, occurring on or after October 1, 2020."

Department of Veterans Affairs: Including Military Service in Determining Family and Medical Leave Eligibility

Pub. L. 118–31, div. A, title XI, §1114(c), Dec. 22, 2023, 137 Stat. 432, provided that: "Not later than 6 months after the date of enactment of this Act [Dec. 22, 2023], the Secretary of Veterans Affairs shall modify the family and medical leave program provided by operation of section 7425(c) of title 38, United States Code, to conform with the requirements of the amendment made by subsection (a) [amending section 6381 of Title 5, Government Organization and Employees] with respect to military service in section 6381(1)(B)(ii) of title 5, United States Code, as added by such subsection."
38 U.S.C. § 3301 (2024) — Title 38: VETERANS' BENEFITS / Chapter 33 / Subchapter I / Section 3301: Definitions
Definitions
Status: in_force

In this chapter:

(1) The term "active duty" has the meanings as follows (subject to the limitations specified in sections 3002(6) and 3311(b)):

(A) In the case of members of the regular components of the Armed Forces, the meaning given such term in section 101(21)(A).

(B) In the case of members of the reserve components of the Armed Forces, service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304, 12304a, or 12304b of title 10 or section 712 1 of title 14.

(C) In the case of a member of the Army National Guard of the United States or Air National Guard of the United States, in addition to service described in subparagraph (B), full-time service—

(i) in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or

(ii) in the National Guard under section 502(f) of title 32 when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.

(2) The term "emergency situation" has the meaning given such term in section 3601 of this title.

(3) The term "entry level and skill training" means the following:

(A) In the case of members of the Army, Basic Combat Training and Advanced Individual Training or One Station Unit Training.

(B) In the case of members of the Navy, Recruit Training (or Boot Camp) and Skill Training (or so-called "A" School).

(C) In the case of members of the Air Force or the Space Force, Basic Military Training and Technical Training.

(D) In the case of members of the Marine Corps, Recruit Training and Marine Corps Training (or School of Infantry Training).

(E) In the case of members of the Coast Guard, Basic Training and Skill Training (or so-called "A" School).

(4) The term "program of education" has the meaning given such term in section 3002, except to the extent otherwise provided in section 3313.

(5) The term "Secretary of Defense" means the Secretary of Defense, except that the term means the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy.

(Added Pub. L. 110–252, title V, §5003(a)(1), June 30, 2008, 122 Stat. 2359; amended Pub. L. 111–377, title I, §101(a), Jan. 4, 2011, 124 Stat. 4107; Pub. L. 112–239, div. A, title VI, §681(c), Jan. 2, 2013, 126 Stat. 1795; Pub. L. 115–48, title I, §101(a), title IV, §401(a), Aug. 16, 2017, 131 Stat. 974, 995; Pub. L. 116–283, div. A, title IX, §926(g), Jan. 1, 2021, 134 Stat. 3831; Pub. L. 117–333, §3(e)(1), Jan. 5, 2023, 136 Stat. 6127.)

Editorial Notes

References in Text

Section 712 of title 14, referred to in par. (1)(B), was redesignated section 3713 of title 14 by Pub. L. 115–282, title I, §118(b), Dec. 4, 2018, 132 Stat. 4233, and references to section 712 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Redesignated Sections of Title 14 note preceding section 101 of Title 14, Coast Guard.

Amendments

2023—Pars. (2) to (5). Pub. L. 117–333 added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively.

2021—Par. (2)(C). Pub. L. 116–283 inserted "or the Space Force" after "Air Force".

2017—Par. (1)(B). Pub. L. 115–48, §401(a), substituted "12304, 12304a, or 12304b" for "or 12304".

Pub. L. 115–48, §101(a), inserted "12301(h)," after "12301(g),".

2013—Par. (1)(B). Pub. L. 112–239 inserted "or section 712 of title 14" after "title 10".

2011—Par. (1)(C). Pub. L. 111–377, §101(a)(1), added subpar. (C).

Par. (2)(A). Pub. L. 111–377, §101(a)(2), inserted "or One Station Unit Training" before period at end.

Par. (2)(E). Pub. L. 111–377, §101(a)(3), inserted "and Skill Training (or so-called 'A' School)" before period at end.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–48, title I, §101(b), Aug. 16, 2017, 131 Stat. 974, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to service in the Armed Forces occurring on or after September 11, 2001."

Pub. L. 115–48, title I, §101(c), Aug. 16, 2017, 131 Stat. 974, provided that: "An individual who is entitled to educational assistance by reason of the amendment made by subsection (a) [amending this section] may use such entitlement to pursue a course of education beginning on or after August 1, 2018."

Pub. L. 115–48, title IV, §401(b), Aug. 16, 2017, 131 Stat. 995, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to service in the Armed Forces occurring on or after the date of the enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 (Public Law 110–252) [June 30, 2008]."

Pub. L. 115–48, title IV, §401(c), Aug. 16, 2017, 131 Stat. 995, provided that: "An individual who is entitled to educational assistance by reason of the amendment made by subsection (a) [amending this section] may use such entitlement to pursue a course of education beginning on or after August 1, 2018."

Effective Date of 2013 Amendment

Amendment by Pub. L. 112–239 applicable to call or order to active duty authorized under former section 712 (now 3713) of Title 14, Coast Guard, after Dec. 31, 2011, and deemed to have been enacted on Dec. 31, 2011, for purposes of applying the amendment to section 5538 of Title 5, Government Organization and Employees, and sections 701 and 12731 of Title 10, Armed Forces, see section 681(d) of Pub. L. 112–239, set out as a note under section 101 of Title 10.

Effective Date of 2011 Amendment

Pub. L. 111–377, title I, §101(d)(1)–(3), Jan. 4, 2011, 124 Stat. 4108, provided that:

"(1) Service in national guard as active duty.—The amendment made by subsection (a)(1) [amending this section] shall take effect on August 1, 2009, as if included in the enactment of chapter 33 of title 38, United States Code, pursuant to the Post-9/11 Veterans Educational Assistance Act of 2008 (title V of Public Law 110–252) [see Short Title of 2008 Amendment note set out under section 101 of this title]. However, no benefits otherwise payable by reason of such amendment for the period beginning on August 1, 2009, and ending on September 30, 2011, may be paid before October 1, 2011.

"(2) One station unit training.—The amendment made by subsection (a)(2) [amending this section] shall take effect on the date of the enactment of this Act [Jan. 4, 2011].

"(3) Entry level and skill training for the coast guard.—The amendment made by subsection (a)(3) [amending this section] shall take effect on the date of the enactment of this Act, and shall apply with respect to individuals entering service on or after that date."

Effective Date

Section effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as an Effective Date of 2008 Amendment note under section 16163 of Title 10, Armed Forces.

Construction of Active Duty

Pub. L. 115–48, title I, §106(b), Aug. 16, 2017, 131 Stat. 977, provided that: "Section 3301(1) of title 38, United States Code, shall be construed to include, in the case of a member of a reserve component of the Armed Forces who, before November 25, 2015, established eligibility for educational assistance under chapter 1607 of title 10, United States Code, pursuant to section 16163(a)(1) of such title, but lost eligibility for such educational assistance pursuant to section 16167(b) of such title, service on active duty (as defined in section 101 of such title) that satisfies the requirements of section 16163(a)(1) of such title."

Improvement of Information Technology of the Veterans Benefits Administration of the Department of Veterans Affairs

Pub. L. 115–48, title I, §115, Aug. 16, 2017, 131 Stat. 986, provided that:

"(a) Processing of Certain Educational Assistance Claims.—The Secretary of Veterans Affairs shall, to the maximum extent possible, make such changes and improvements to the information technology system of the Veterans Benefits Administration of the Department of Veterans Affairs to ensure that—

"(1) to the maximum extent possible, all original and supplemental claims for educational assistance under chapter 33 of title 38, United States Code, are adjudicated electronically; and

"(2) rules-based processing is used to make decisions with respect to such claims with little human intervention.

"(b) Implementation Plan.—Not later than 180 days after the date of the enactment of this Act [Aug. 16, 2017], the Secretary of Veterans Affairs shall submit to Congress a plan to implement the changes and improvements described in subsection (a).

"(c) Report.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the implementation of the changes and improvements described in subsection (a).

"(d) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary of Veterans Affairs $30,000,000 to carry out this section during fiscal years 2018 and 2019."

Findings

Pub. L. 110–252, title V, §5002, June 30, 2008, 122 Stat. 2357, provided that: "Congress makes the following findings:

"(1) On September 11, 2001, terrorists attacked the United States, and the brave members of the Armed Forces of the United States were called to the defense of the Nation.

"(2) Service on active duty in the Armed Forces has been especially arduous for the members of the Armed Forces since September 11, 2001.

"(3) The United States has a proud history of offering educational assistance to millions of veterans, as demonstrated by the many 'G.I. Bills' enacted since World War II. Educational assistance for veterans helps reduce the costs of war, assist veterans in readjusting to civilian life after wartime service, and boost the United States economy, and has a positive effect on recruitment for the Armed Forces.

"(4) The current educational assistance program for veterans is outmoded and designed for peacetime service in the Armed Forces.

"(5) The people of the United States greatly value military service and recognize the difficult challenges involved in readjusting to civilian life after wartime service in the Armed Forces.

"(6) It is in the national interest for the United States to provide veterans who serve on active duty in the Armed Forces after September 11, 2001, with enhanced educational assistance benefits that are worthy of such service and are commensurate with the educational assistance benefits provided by a grateful Nation to veterans of World War II."

Applicability to Individuals Under Montgomery GI Bill Program

Pub. L. 110–252, title V, §5003(c), June 30, 2008, 122 Stat. 2375, which related to applicability of Post-9/11 Educational Assistance program to individuals entitled to education assistance under chapter 33 of this title, was repealed by Pub. L. 114–315, title IV, §405(c), Dec. 16, 2016, 130 Stat. 1558. See section 3327 of this title.

Executive Documents

Ex. Ord. No. 13607. Establishing Principles of Excellence for Educational Institutions Serving Service Members, Veterans, Spouses, and Other Family Members

Ex. Ord. No. 13607, Apr. 27, 2012, 77 F.R. 25861, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure that Federal military and veterans educational benefits programs are providing service members, veterans, spouses, and other family members with the information, support, and protections they deserve, it is hereby ordered as follows:

Section 1. Policy. The original GI Bill, approved just weeks after D-Day, educated nearly 8 million Americans and helped transform this Nation. We owe the same obligations to this generation of service men and women as was afforded that previous one. This is the promise of the Post-9/11 Veterans Educational Assistance Act of 2008 (title V, Public Law 110–252) (Post-9/11 GI Bill) and the continued provision of educational benefits in the Department of Defense's Tuition Assistance Program (10 U.S.C. 2007): to provide our service members, veterans, spouses, and other family members the opportunity to pursue a high-quality education and gain the skills and training they need to fill the jobs of tomorrow.

Since the Post-9/11 GI Bill became law, there have been reports of aggressive and deceptive targeting of service members, veterans, and their families by some educational institutions. For example, some institutions have recruited veterans with serious brain injuries and emotional vulnerabilities without providing academic support and counseling; encouraged service members and veterans to take out costly institutional loans rather than encouraging them to apply for Federal student loans first; engaged in misleading recruiting practices on military installations; and failed to disclose meaningful information that allows potential students to determine whether the institution has a good record of graduating service members, veterans, and their families and positioning them for success in the workforce.

To ensure our service members, veterans, spouses, and other family members have the information they need to make informed decisions concerning their well-earned Federal military and veterans educational benefits, I am directing my Administration to develop Principles of Excellence to strengthen oversight, enforcement, and accountability within these benefits programs.

Sec. 2. Principles of Excellence for Educational Institutions Serving Service Members, Veterans, Spouses, and Other Family Members. The Departments of Defense, Veterans Affairs, and Education shall establish Principles of Excellence (Principles) to apply to educational institutions receiving funding from Federal military and veterans educational benefits programs, including benefits programs provided by the Post-9/11 GI Bill and the Tuition Assistance Program. The Principles should ensure that these educational institutions provide meaningful information to service members, veterans, spouses, and other family members about the financial cost and quality of educational institutions to assist those prospective students in making choices about how to use their Federal educational benefits; prevent abusive and deceptive recruiting practices that target the recipients of Federal military and veterans educational benefits; and ensure that educational institutions provide high-quality academic and student support services to active-duty service members, reservists, members of the National Guard, veterans, and military families.

To the extent permitted by law, the Principles, implemented pursuant to section 3 of this order, should require educational institutions receiving funding pursuant to Federal military and veterans educational benefits to:

(a) prior to enrollment, provide prospective students who are eligible to receive Federal military and veterans educational benefits with a personalized and standardized form, as developed in a manner set forth by the Secretary of Education, working with the Secretaries of Defense and Veterans Affairs, to help those prospective students understand the total cost of the educational program, including tuition and fees; the amount of that cost that will be covered by Federal educational benefits; the type and amount of financial aid they may qualify for; their estimated student loan debt upon graduation; information about student outcomes; and other information to facilitate comparison of aid packages offered by different educational institutions;

(b) inform students who are eligible to receive Federal military and veterans educational benefits of the availability of Federal financial aid and have in place policies to alert those students of their potential eligibility for that aid before packaging or arranging private student loans or alternative financing programs;

(c) end fraudulent and unduly aggressive recruiting techniques on and off military installations, as well as misrepresentation, payment of incentive compensation, and failure to meet State authorization requirements, consistent with the regulations issued by the Department of Education (34 C.F.R. 668.71–668.75, 668.14, and 600.9);

(d) obtain the approval of the institution's accrediting agency for new course or program offerings before enrolling students in such courses or programs, provided that such approval is appropriate under the substantive change requirements of the accrediting agency;

(e) allow service members and reservists to be readmitted to a program if they are temporarily unable to attend class or have to suspend their studies due to service requirements, and take additional steps to accommodate short absences due to service obligations, provided that satisfactory academic progress is being made by the service members and reservists prior to suspending their studies;

(f) agree to an institutional refund policy that is aligned with the refund of unearned student aid rules applicable to Federal student aid provided through the Department of Education under Title IV of the Higher Education Act of 1965, as required under section 484B of that Act when students withdraw prior to course completion;

(g) provide educational plans for all individuals using Federal military and veterans educational benefits that detail how they will fulfill all the requirements necessary to graduate and the expected timeline of completion; and

(h) designate a point of contact for academic and financial advising (including access to disability counseling) to assist service member and veteran students and their families with the successful completion of their studies and with their job searches.

Sec. 3. Implementation of the Principles of Excellence.

(a) The Departments of Defense and Veterans Affairs shall reflect the Principles described in section 2 of this order in new agreements with educational institutions, to the extent practicable and permitted by law, concerning participation in the Yellow Ribbon Program for veterans under the Post-9/11 GI Bill or the Tuition Assistance Program for active duty service members. The Department of Veterans Affairs shall also notify all institutions participating in the Post-9/11 GI Bill program that they are strongly encouraged to comply with the Principles and shall post on the Department's website those that do.

(b) The Secretaries of Defense, Veterans Affairs, and Education, in consultation with the Director of the Bureau of Consumer Financial Protection (CFPB) and the Attorney General, shall take immediate action to implement this order, and, within 90 days from the date of this order, report to the President their progress on implementation, including promptly revising regulations, Department of Defense Instructions, guidance documents, Memoranda of Understanding, and other policies governing programs authorized or funded by the Post-9/11 GI Bill and the Tuition Assistance Program to implement the Principles, to the extent permitted by law.

(c) The Secretaries of Defense, Veterans Affairs, and Education shall develop a comprehensive strategy for developing service member and veteran student outcome measures that are comparable, to the maximum extent practicable, across Federal military and veterans educational benefit programs, including, but not limited to, the Post-9/11 GI Bill and the Tuition Assistance Program. To the extent practicable, the student outcome measures should rely on existing administrative data to minimize the reporting burden on institutions participating in these benefit programs. The student outcome measures should permit comparisons across Federal educational programs and across institutions and types of institutions. The Secretary of Education, in consultation with the Secretaries of Defense and Veterans Affairs, shall also collect from educational institutions, as part of the Integrated Postsecondary Education Data System and other data collection systems, information on the amount of funding received pursuant to the Post-9/11 GI Bill and the Tuition Assistance Program. The Secretary of Education shall make this information publicly available on the College Navigator Website.

(d) The Secretary of Veterans Affairs, in consultation with the Secretaries of Defense and Education, shall provide to prospective military and veteran students, prior to using their benefits, streamlined tools to compare educational institutions using key measures of affordability and value through the Department of Veterans Affairs' eBenefits portal. The eBenefits portal shall be updated to facilitate access to school performance information, consumer protection information, and key Federal financial aid documents. The Secretaries of Defense and Veterans Affairs shall also ensure that service members and veterans have access to that information through educational counseling offered by those Departments.

Sec. 4. Strengthening Enforcement and Compliance Mechanisms. Service members, veterans, spouses, and other family members should have access to a strong enforcement system through which to file complaints when institutions fail to follow the Principles. Within 90 days of the date of this order, the Secretaries of Defense and Veterans Affairs, in consultation with the Secretary of Education and the Director of the CFPB, as well as with the Attorney General, as appropriate, shall submit to the President a plan to strengthen enforcement and compliance mechanisms. The plan shall include proposals to:

(a) create a centralized complaint system for students receiving Federal military and veterans educational benefits to register complaints that can be tracked and responded to by the Departments of Defense, Veterans Affairs, Justice, and Education, the CFPB, and other relevant agencies;

(b) institute uniform procedures for receiving and processing complaints across the State Approving Agencies (SAAs) that work with the Department of Veterans Affairs to review participating institutions, provide a coordinated mechanism across SAAs to alert the Department of Veterans Affairs to any complaints that have been registered at the State level, and create procedures for sharing information about complaints with the appropriate State officials, accrediting agency representatives, and the Secretary of Education;

(c) institute uniform procedures for referring potential matters for civil or criminal enforcement to the Department of Justice and other relevant agencies;

(d) establish procedures for targeted risk-based program reviews of institutions to ensure compliance with the Principles;

(e) establish new uniform rules and strengthen existing procedures for access to military installations by educational institutions. These new rules should ensure, at a minimum, that only those institutions that enter into a memorandum of agreement pursuant to section 3(a) of this order are permitted entry onto a Federal military installation for the purposes of recruitment. The Department of Defense shall include specific steps for instructing installation commanders on commercial solicitation rules and the requirement of the Principles outlined in section 2(c) of this order; and

(f) take all appropriate steps to ensure that websites and programs are not deceptively and fraudulently marketing educational services and benefits to program beneficiaries, including initiating a process to protect the term "GI Bill" and other military or veterans-related terms as trademarks, as appropriate.

Sec. 5. General Provisions. (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(b) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Barack Obama.      

1 See References in Text note below.
38 U.S.C. § 3720 (2024) — Title 38: VETERANS' BENEFITS / Chapter 37 / Subchapter III / Section 3720: Powers of Secretary
Powers of Secretary
Status: in_force

(a) Notwithstanding the provisions of any other law, with respect to matters arising by reason of this chapter, the Secretary may—

(1) sue and be sued in the Secretary's official capacity in any court of competent jurisdiction, State or Federal, but nothing in this clause shall be construed as authorizing garnishment or attachment against the Secretary, the Department of Veterans Affairs, or any of its employees;

(2) subject to specific limitations in this chapter, consent to the modification, with respect to rate of interest, time of payment of principal or interest or any portion thereof, security or other provisions of any note, contract, mortgage or other instrument securing a loan which has been guaranteed, insured, made or acquired under this chapter;

(3) pay, or compromise, any claim on, or arising because of, any such guaranty or insurance;

(4) pay, compromise, waive or release any right, title, claim, lien or demand, however acquired, including any equity or any right of redemption;

(5) purchase at any sale, public or private, upon such terms and for such prices as the Secretary determines to be reasonable, and take title to, property, real, personal or mixed; and similarly sell, at public or private sale, exchange, assign, convey, or otherwise dispose of any such property; and

(6) complete, administer, operate, obtain and pay for insurance on, and maintain, renovate, repair, modernize, lease, or otherwise deal with any property acquired or held pursuant to this chapter. The acquisition of any such property shall not deprive any State or political subdivision thereof of its civil or criminal jurisdiction of, on, or over such property (including power to tax) or impair the rights under the State or local law of any persons on such property. Without regard to section 3302(b) of title 31 or any other provision of law not expressly in limitation of this paragraph, the Secretary may permit brokers utilized by the Secretary in connection with such properties to deduct from rental collections amounts covering authorized fees, costs, and expenses incurred in connection with the management, repair, sale, or lease of any such properties and remit the net balances to the Secretary.

(b) The powers granted by this section may be exercised by the Secretary without regard to any other provision of law not enacted expressly in limitation of this section, which otherwise would govern the expenditure of public funds, except that division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 shall apply to any contract for services or supplies on account of any property acquired pursuant to this section.

(c) The financial transactions of the Secretary incident to, or arising out of, the guaranty or insurance of loans pursuant to this chapter, and the acquisition, management, and disposition of property, real, personal, or mixed, incident to such activities and pursuant to this section, shall be final and conclusive upon all officers of the Government.

(d) The right to redeem provided for by section 2410(c) of title 28 shall not arise in any case in which the subordinate lien or interest of the United States derives from a guaranteed or insured loan.

[(e) Repealed. Pub. L. 105–368, title VI, §602(c)(1), Nov. 11, 1998, 112 Stat. 3346.]

(f) Whenever loss, destruction, or damage to any residential property securing loans guaranteed, insured, made, or acquired by the Secretary under this chapter occurs as the result of a major disaster as determined by the President under the Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Secretary shall (1) provide counseling and such other service to the owner of such property as may be feasible and shall inform such owner concerning the disaster assistance available from other Federal agencies and from State or local agencies, and (2) pursuant to subsection (a)(2) of this section, extend on an individual case basis such forebearance or indulgence to such owner as the Secretary determines to be warranted by the facts of the case and the circumstances of such owner.

(g) The Secretary shall, at the request of the Secretary of Housing and Urban Development and without reimbursement, certify to such Secretary whether an applicant for assistance under any law administered by the Department of Housing and Urban Development is a veteran.

(h) The Secretary may, upon such terms and conditions as the Secretary considers appropriate, issue or approve the issuance of, and guarantee the timely payment of principal and interest on, certificates or other securities evidencing an interest in a pool of mortgage loans made in connection with the sale of properties acquired under this chapter.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1213, §1820; Pub. L. 88–151, §1, Oct. 17, 1963, 77 Stat. 271; Pub. L. 88–560, title VII, §701(e)(1), Sept. 2, 1964, 78 Stat. 800; Pub. L. 89–625, Oct. 4, 1966, 80 Stat. 874; Pub. L. 89–769, §3(c), Nov. 6, 1966, 80 Stat. 1316; Pub. L. 90–448, title VIII, §807(h), Aug. 1, 1968, 82 Stat. 545; Pub. L. 91–606, title II, §233, Dec. 31, 1970, 84 Stat. 1753; Pub. L. 92–328, title II, §205, June 30, 1972, 86 Stat. 397; Pub. L. 93–288, title VII, §702(l), formerly title VI, §602(l), May 22, 1974, 88 Stat. 164, renumbered title VII, §702(l), Pub. L. 103–337, div. C, title XXXIV, §3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100; Pub. L. 94–324, §7(24)–(26), June 30, 1976, 90 Stat. 722; Pub. L. 95–117, title IV, §403(a), Oct. 3, 1977, 91 Stat. 1066; Pub. L. 97–258, §3(k)(3), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 97–295, §4(67), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 98–160, title VII, §702(14), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 99–576, title IV, §404, Oct. 28, 1986, 100 Stat. 3281; Pub. L. 100–707, title I, §109(n), Nov. 23, 1988, 102 Stat. 4709; Pub. L. 101–237, title III, §313(b)(1), (2), Dec. 18, 1989, 103 Stat. 2077; Pub. L. 102–54, §4(a), June 13, 1991, 105 Stat. 268; renumbered §3720 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–291, §5(a), May 20, 1992, 106 Stat. 179; Pub. L. 102–547, §4, Oct. 28, 1992, 106 Stat. 3636; Pub. L. 104–110, title I, §101(f), Feb. 13, 1996, 110 Stat. 768; Pub. L. 104–275, title II, §201, Oct. 9, 1996, 110 Stat. 3330; Pub. L. 105–33, title VIII, §8011, Aug. 5, 1997, 111 Stat. 664; Pub. L. 105–368, title VI, §§602(c)(1), 604(a), Nov. 11, 1998, 112 Stat. 3346, 3348; Pub. L. 106–419, title IV, §402(a), Nov. 1, 2000, 114 Stat. 1861; Pub. L. 107–103, title IV, §405(b), Dec. 27, 2001, 115 Stat. 994; Pub. L. 111–350, §5(j)(3), Jan. 4, 2011, 124 Stat. 3850; Pub. L. 112–154, title VII, §702(a), Aug. 6, 2012, 126 Stat. 1205; Pub. L. 114–228, title IV, §410, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, §409, Sept. 29, 2017, 131 Stat. 1165; Pub. L. 115–251, title I, §123, Sept. 29, 2018, 132 Stat. 3169.)

Editorial Notes

References in Text

The Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), referred to in subsec. (f), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, known as the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

Amendments

2018—Subsec. (h). Pub. L. 115–251 struck out par. (1) designation before "The Secretary may, upon" and struck out par. (2) which read as follows: "The Secretary may not under this subsection guarantee the payment of principal and interest on certificates or other securities issued or approved after September 30, 2018."

2017—Subsec. (h)(2). Pub. L. 115–62 substituted "September 30, 2018" for "December 31, 2017".

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

2012—Subsec. (h)(2). Pub. L. 112–154 substituted "December 31, 2016" for "December 31, 2011".

2011—Subsec. (b). Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)".

2001—Subsec. (h)(2). Pub. L. 107–103 substituted "December 31, 2011" for "December 31, 2008".

2000—Subsec. (h)(2). Pub. L. 106–419 substituted "December 31, 2008" for "December 31, 2002".

1998—Subsec. (b). Pub. L. 105–368, §604(a), substituted ", except that title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) shall apply to any contract for services or supplies on account of any property acquired pursuant to this section." for "; however, section 3709 of the Revised Statutes (41 U.S.C. 5) shall apply to any contract for services or supplies on account of any property acquired pursuant to this section if the amount of such contract exceeds the amount prescribed in clause (1) of the first sentence of such section."

Subsec. (e). Pub. L. 105–368, §602(c)(1), struck out subsec. (e), which authorized Secretary to set aside first mortgage loans and installment sales contracts owned or held by Secretary under this chapter as basis for sale of participation certificates, authorized agreements, including trust agreements, for this purpose, and set forth provisions relating to allocation, deposit, and set aside of proceeds.

1997—Subsec. (h)(2). Pub. L. 105–33 substituted "December 31, 2002" for "December 31, 1997".

1996—Subsec. (h)(2). Pub. L. 104–275 substituted "December 31, 1997" for "December 31, 1996".

Pub. L. 104–110 substituted "December 31, 1996" for "December 31, 1995".

1992—Subsec. (h). Pub. L. 102–547 substituted "December 31, 1995" for "December 31, 1992" in par. (2).

Pub. L. 102–291 added subsec. (h).

1991—Pub. L. 102–83, §5(a), renumbered section 1820 of this title as this section.

Subsec. (e)(2). Pub. L. 102–83, §5(c)(1), substituted "3723 and 3724" for "1823 and 1824" in two places.

Subsec. (g). Pub. L. 102–54 added subsec. (g).

1989—Subsecs. (a) to (c), (e), (f). Pub. L. 101–237 substituted "Secretary", "Secretary's", and "Department of Veterans Affairs" for "Administrator", "Administrator's", and "Veterans' Administration", respectively, wherever appearing.

1988—Subsec. (f). Pub. L. 100–707 substituted "and Emergency Assistance Act" for "Act of 1974".

1986—Subsec. (b). Pub. L. 99–576 substituted "the amount prescribed in clause (1) of the first sentence of such section" for "$1,000".

1983—Subsec. (a)(6). Pub. L. 98–160 struck out comma after "title 31".

Subsec. (b). Pub. L. 98–160 substituted "section 3709 of the Revised Statutes (41 U.S.C. 5)" for "section 5 of title 41".

1982—Subsec. (a)(6). Pub. L. 97–258 substituted "section 3302(b) of title 31" for "section 3617, Revised Statutes (31 U.S.C. 484)".

Subsec. (f). Pub. L. 97–295 inserted "(42 U.S.C. 5121 et seq.)" after "the Disaster Relief Act of 1974".

1977—Subsec. (a)(1). Pub. L. 95–117 inserted prohibition relating to garnishment or attachment against the Administrator, etc.

1976—Subsec. (a)(1). Pub. L. 94–324, §7(24), substituted "the Administrator's" for "his".

Subsec. (a)(5). Pub. L. 94–324, §7(24), substituted "the Administrator" for "he".

Subsec. (a)(6). Pub. L. 94–324, §7(25), substituted "utilized by the Administrator" for "utilized by him".

Subsec. (e)(1). Pub. L. 94–324, §7(26), substituted "the Administrator determines" for "he determines", "by the Administrator" for "by him", "the Administrator shall periodically" for "he shall periodically", "set aside by the Administrator" for "set aside by him", "the Administrator's commitment" for "his commitment", and "to pay the Administrator's" for "to pay his".

Subsec. (e)(2). Pub. L. 94–324, §7(26), substituted "as the Administrator determines" for "as he determines".

1974—Subsec. (f). Pub. L. 93–288 substituted "Disaster Relief Act of 1974" for "Disaster Assistance Act of 1970."

1972—Subsec. (a)(4). Pub. L. 92–328 struck out provisions relating to the authority to waive or release claims, including partial or total waiver of payment, following default and loss of property.

1970—Subsec. (a)(2). Pub. L. 91–606, §233(1), substituted "a loan which has been guaranteed, insured, made or acquired under this chapter" for "a loan which has been guaranteed or insured under this chapter".

Subsec. (f). Pub. L. 91–606, §233(2), directed the Administrator in major disaster areas to provide the owner of property lost, destroyed, or damaged as the result of a major disaster with counseling and other services, to inform him of disaster assistance available from other Federal, state, or local agencies and to extend such forbearance on an individual case basis as he determines to be warranted by the facts of the case.

1968—Subsec. (e)(1). Pub. L. 90–448 substituted "Government National Mortgage Association" for "Federal National Mortgage Association" wherever appearing.

1966—Subsec. (a)(6). Pub. L. 89–625 authorized brokers utilized by Administrator in connection with properties acquired or held pursuant to this chapter to deduct from rental collections amounts covering authorized fees, costs, and expenses incurred in connection with management, repair, sale, or lease of properties and to remit the net balances to Administrator.

Subsec. (f). Pub. L. 89–769 added subsec. (f).

1964—Subsec. (e). Pub. L. 88–560 added subsec. (e).

1963—Subsec. (a)(4). Pub. L. 88–151 provided for waiver of indebtedness to the United States in certain cases arising out of default on loans guaranteed or made by the Veterans' Administration.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by section 602(c)(1) of Pub. L. 105–368 effective Oct. 1, 1998, see section 602(f) of Pub. L. 105–368, set out as a note under section 2106 of this title.

Pub. L. 105–368, title VI, §604(b), Nov. 11, 1998, 112 Stat. 3348, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to contracts entered into under section 3720 of title 38, United States Code, after the end of the 60-day period beginning on the date of the enactment of this Act [Nov. 11, 1998]."

Effective Date of 1977 Amendment

Pub. L. 95–117, title IV, §403(b), Oct. 3, 1977, 91 Stat. 1066, provided that: "The amendment made by subsection (a) of this section [amending this section] shall be effective on the date of enactment of this Act [Oct. 3, 1977]."

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–324 effective June 30, 1976, see section 9(a) of Pub. L. 94–324, set out as a note under section 3701 of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–288 effective Apr. 1, 1974, see section 605 of Pub. L. 93–288, formerly set out as an Effective Date note under section 5121 of Title 42, The Public Health and Welfare.

Effective Date of 1972 Amendment

Amendment by Pub. L. 92–328 effective June 30, 1972, see section 301(c) of Pub. L. 92–328, set out as a note under section 3713 of this title.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–606 effective Dec. 31, 1970, see section 304 of Pub. L. 91–606, set out as a note under section 165 of Title 26, Internal Revenue Code.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–448 effective from and after a date, no more than 120 days following Aug. 1, 1968, as established by the Secretary of Housing and Urban Development, see section 808 of Pub. L. 90–448, set out as an Effective Date note under section 1716b of Title 12, Banks and Banking.

Effective Date of 1966 Amendment

Amendment by Pub. L. 89–769 applicable with respect to any major disaster occurring after Oct. 3, 1964, see section 14 of Pub. L. 89–769.

Ratification of Actions During Period of Expired Authority

Any action taken by Secretary of Veterans Affairs before Feb. 13, 1996, under provision of law amended by title I of Pub. L. 104–110 that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on Feb. 13, 1996, considered to have same force and effect as if such amendment had been in effect at time of that action, see section 103 of Pub. L. 104–110, set out as a note under section 1710 of this title.

Property Management

Pub. L. 100–198, §9, Dec. 21, 1987, 101 Stat. 1320, as amended by Pub. L. 102–40, title IV, §402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102–83, §6(i), Aug. 6, 1991, 105 Stat. 408, provided for programs under which the Secretary could (1) convey to nonprofit entities or to States or political subdivisions of States real property or improvements to real property acquired by the Secretary as the result of a default of a loan made under this chapter to use the properties to provide shelter for homeless veterans and their families, or (2) convey such properties to entities for use in job training programs for property rehabilitation and later sale to homeless veterans. Authority to carry out the programs terminated on Oct. 1, 1990.

Housing Solar Energy and Weatherization Study; Report Not Later Than March 1, 1978

Pub. L. 95–202, title III, §311, Nov. 23, 1977, 91 Stat. 1449, directed Administrator of Veterans' Affairs, in consultation with Secretary of Energy and Secretary of Housing and Urban Development, to conduct a study to determine the most effective methods of using the programs carried out under, or amending provisions of, this chapter in order to aid and encourage present and prospective veteran homeowners to install solar heating and cooling in their homes and to apply residential energy conservation measures and that a report on such study be submitted to Congress not later than Mar. 1, 1978.

Waiver of Indebtedness; Report to Congress

Pub. L. 88–151, §2, Oct. 17, 1963, 77 Stat. 271, provided that: "The Administrator of Veterans' Affairs shall submit to the Committee on Labor and Public Welfare of the Senate and the Committee on Veterans' Affairs of the House of Representatives, not later than December 31 of each year, a written report concerning each case in which a waiver of indebtedness has been made under the authority of the amendment made by the first section of this Act [amending subsec. (a)(4) of this section]. Such report shall include, together with such other information as the Administrator deems appropriate, the name and address of each person with respect to which a waiver of indebtedness has been made and the total amount of such waiver."

Administration of Trusts by Federal National Mortgage Association

Provision for participation sales and administration of trusts by Federal National Mortgage Association not to be construed as a repeal or modification of the provisions of subsection (e) of this section respecting the authority of the Administrator of Veterans' Affairs, see section 6(a) of Pub. L. 89–429, set out as a note under section 1717 of Title 12, Banks and Banking.
38 U.S.C. § 1944 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter II / Section 1944: Policy provisions
Policy provisions
Status: in_force

(a) Provisions for maturity at certain ages, for continuous installments during the lifetime of the insured or beneficiaries, or both, for refund of premiums, cash, loan, paid-up and extended values, dividends from gains and savings, and such other provisions for the protection and advantage of and for alternative benefits to the insured and the beneficiaries as may be found to be reasonable and practicable may be provided for in insurance contracts or from time to time by regulations.

(b) All calculations on insurance shall be based upon the American Experience Table of Mortality and interest at 3½ percent per annum, except that no deduction shall be made for continuous installments during the life of the insured in case the insured's total and permanent disability continues more than two hundred and forty months.

(c) On and after July 19, 1939, the rate of interest charged on any loan secured by a lien on insurance shall not exceed 5 percent per annum.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1158, §744; Pub. L. 97–295, §4(26), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 99–576, title VII, §701(30), Oct. 28, 1986, 100 Stat. 3293; renumbered §1944, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 744 of this title as this section.

1986—Subsec. (b). Pub. L. 99–576 substituted "the insured's" for "his".

1982—Subsecs. (b), (c). Pub. L. 97–295 substituted "percent" for "per centum".
38 U.S.C. § 7322 (2024) — Title 38: VETERANS' BENEFITS / Chapter 73 / Subchapter II / Section 7322: Breast cancer mammography policy
Breast cancer mammography policy
Status: in_force

(a) In General.—The Under Secretary for Health shall develop a national policy for the Veterans Health Administration on mammography screening for veterans.

(b) Standards for Screening.—The policy developed under subsection (a) shall—

(1) specify standards of mammography screening;

(2) provide recommendations with respect to screening, and the frequency of screening, for—

(A) women veterans who are over the age of 39; and

(B) veterans, without regard to age, who have clinical symptoms, risk factors, a record of service in a location and during a period specified in subsection (d), or family history of breast cancer; and

(3) provide for clinician discretion.

(c) Eligibility for Screening for Veterans Exposed to Toxic Substances.—The Under Secretary for Health shall ensure that, under the policy developed under subsection (a), any veteran who, during active military, naval, or air service, was deployed in support of a contingency operation in a location and during a period specified in subsection (d), is eligible for a mammography screening by a health care provider of the Department.

(d) Locations and Periods Specified.—(1) The locations and periods specified in this subsection are the following:

(A) Iraq during following periods:

(i) The period beginning on August 2, 1990, and ending on February 28, 1991.

(ii) The period beginning on March 19, 2003, and ending on such date as the Secretary determines burn pits are no longer used in Iraq.

(B) The Southwest Asia theater of operations, other than Iraq, during the period beginning on August 2, 1990, and ending on such date as the Secretary determines burn pits are no longer used in such location, including the following locations:

(i) Kuwait.

(ii) Saudi Arabia.

(iii) Oman.

(iv) Qatar.

(C) Afghanistan during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Afghanistan.

(D) Djibouti during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Djibouti.

(E) Syria during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Syria.

(F) Jordan during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Jordan.

(G) Egypt during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Egypt.

(H) Lebanon during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Lebanon.

(I) Yemen during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Yemen.

(J) Such other locations and corresponding periods as set forth by the Airborne Hazards and Open Burn Pit Registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).

(K) Such other locations and corresponding periods as the Secretary, in collaboration with the Secretary of Defense, may determine appropriate in a report submitted under paragraph (2).

(2) Not later than two years after the date of the enactment of the Dr. Kate Hendricks Thomas Supporting Expanded Review for Veterans In Combat Environments Act, and not less frequently than once every two years thereafter, the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to Congress a report specifying other locations and corresponding periods for purposes of paragraph (1)(K).

(3) A location under this subsection shall not include any body of water around or any airspace above such location.

(4) In this subsection, the term "burn pit" means an area of land that—

(A) is used for disposal of solid waste by burning in the outdoor air; and

(B) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.

(Added Pub. L. 105–114, title II, §208(a)(1), Nov. 21, 1997, 111 Stat. 2289; amended Pub. L. 117–133, §2(a), June 7, 2022, 136 Stat. 1238.)

Editorial Notes

References in Text

The date of the enactment of the Dr. Kate Hendricks Thomas Supporting Expanded Review for Veterans In Combat Environments Act, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 117–133, which was approved June 7, 2022.

Amendments

2022—Subsec. (a). Pub. L. 117–133, §2(a)(1), inserted heading.

Subsec. (b). Pub. L. 117–133, §2(a)(2)(A), inserted heading.

Subsec. (b)(2)(B). Pub. L. 117–133, §2(a)(2)(B), inserted "a record of service in a location and during a period specified in subsection (d)," after "risk factors".

Subsecs. (c), (d). Pub. L. 117–133, §2(a)(3), added subsecs. (c) and (d).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 105–114, title II, §208(b), Nov. 21, 1997, 111 Stat. 2289, provided that: "The Secretary of Veterans Affairs shall develop the national policy on mammography screening required by section 7322 of title 38, United States Code, as added by subsection (a), and shall furnish such policy in a report to the Committees on Veterans' Affairs of the Senate and House of Representatives, not later than 60 days after the date of the enactment of this Act [Nov. 21, 1997]. Such policy shall not take effect before the expiration of 30 days after the date of its submission to those committees."

Making Advances in Mammography and Medical Options for Veterans

Pub. L. 117–135, June 7, 2022, 136 Stat. 1244, provided that:

"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

"(a) Short Title.—This Act may be cited as the 'Making Advances in Mammography and Medical Options for Veterans Act'.

"(b) Table of Contents.—[Omitted.]

"TITLE I—SCREENING AND EARLY DETECTION

"SEC. 101. STRATEGIC PLAN FOR BREAST IMAGING SERVICES FOR VETERANS.

"(a) In General.—Not later than one year after the date of the enactment of this Act [June 7, 2022], the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a strategic plan for improving breast imaging services for veterans.

"(b) Elements.—The strategic plan required by subsection (a) shall—

"(1) cover the evolving needs of women veterans;

"(2) address geographic disparities of breast imaging furnished at a facility of the Department of Veterans Affairs and the use of breast imaging through non-Department providers in the community;

"(3) address the use of digital breast tomosynthesis (DBT–3D breast imaging);

"(4) address the needs of male veterans who require breast cancer screening services; and

"(5) provide recommendations on—

"(A) potential expansion of breast imaging services furnished at facilities of the Department, including infrastructure and staffing needs;

"(B) the use of digital breast tomosynthesis;

"(C) the use of mobile mammography; and

"(D) other access and equity improvements for breast imaging.

"SEC. 102. TELESCREENING MAMMOGRAPHY PILOT PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.

"(a) In General.—Commencing not later than 18 months after the date of the enactment of this Act [June 7, 2022], the Secretary of Veterans Affairs shall carry out a pilot program to provide telescreening mammography services for veterans who live in—

"(1) States where the Department of Veterans Affairs does not offer breast imaging services at a facility of the Department; or

"(2) locations where access to breast imaging services at a facility of the Department is difficult or not feasible, as determined by the Secretary.

"(b) Duration.—The Secretary shall carry out the pilot program under subsection (a) for a three-year period beginning on the commencement of the pilot program.

"(c) Locations.—In carrying out the pilot program under subsection (a), the Secretary may use community-based outpatient clinics, mobile mammography, Federally qualified health centers (as defined in section 1861(aa)(4) of the Social Security Act (42 U.S.C. 1395x(aa)(4))), rural health clinics, critical access hospitals, clinics of the Indian Health Service, and such other sites as the Secretary determines feasible to provide mammograms under the pilot program.

"(d) Sharing of Images and Results.—Under the pilot program under subsection (a)—

"(1) mammography images generated shall be sent to a telescreening mammography center of the Department for interpretation by qualified radiologists; and

"(2) results shall be shared with the veteran and their primary care provider in accordance with policies established by the Secretary.

"(e) Report.—

"(1) In general.—Not later than one year after the conclusion of the pilot program under subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report evaluating the pilot program.

"(2) Elements.—The report required by paragraph (1) shall include the following:

"(A) An assessment of the quality of the mammography provided under the pilot program under subsection (a).

"(B) Feedback from veterans and providers participating in the pilot program.

"(C) A recommendation of the Secretary on the continuation or discontinuation of the pilot program.

"SEC. 103. UPGRADE OF BREAST IMAGING AT FACILITIES OF DEPARTMENT OF VETERANS AFFAIRS TO THREE-DIMENSIONAL DIGITAL MAMMOGRAPHY.

"Not later than two years after the date of the enactment of this Act [June 7, 2022], the Secretary of Veterans Affairs shall—

"(1) upgrade all mammography services at facilities of the Department of Veterans Affairs that provide such services to use digital breast tomosynthesis technology, also known as three-dimensional breast imaging; and

"(2) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report—

"(A) indicating that the upgrade under paragraph (1) has been completed; and

"(B) listing the facilities or other locations of the Department at which digital breast tomosynthesis technology is used.

"SEC. 104. STUDY ON AVAILABILITY OF TESTING FOR BREAST CANCER GENE AMONG VETERANS AND EXPANSION OF AVAILABILITY OF SUCH TESTING.

"(a) Study.—

"(1) In general.—The Secretary of Veterans Affairs shall conduct a study on the availability of access to testing for the breast cancer gene for veterans diagnosed with breast cancer, as recommended by the guidelines set forth by the National Comprehensive Cancer Network.

"(2) Elements.—In conducting the study under paragraph (1), the Secretary shall examine—

"(A) the feasibility of expanding the Joint Medicine Service of the Department of Veterans Affairs to provide genetic testing and counseling for veterans with breast cancer across the country; and

"(B) access to such testing and counseling for veterans living in rural or highly rural areas, and any gaps that may exist with respect to such access.

"(b) Expansion of Availability of Testing.—

"(1) In general.—The Secretary shall update guidelines or institute new guidelines to increase the use of molecular testing and genetic counseling for veterans diagnosed with breast cancer, including veterans living in rural or highly rural areas.

"(2) Decision support tools.—In updating or instituting guidelines under paragraph (1), the Secretary may develop clinical decision support tools, such as clinical pathways, to facilitate delivery of breast cancer care that is in line with national cancer guidelines.

"(c) Report.—Not later than two years after the date of the enactment of this Act [June 7, 2022], the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on—

"(1) the results of the study under subsection (a);

"(2) any updates to guidelines or new guidelines instituted under subsection (b);

"(3) breast cancer clinical pathways implemented by the Department of Veterans Affairs and the utilization of those pathways across the Department; and

"(4) any progress of the Department in improving access to and usage of molecular and genetic testing among veterans diagnosed with breast cancer, including for veterans living in rural or highly rural areas.

"(d) Definitions.—In this section, the terms 'rural' and 'highly rural' have the meanings given those terms in the Rural-Urban Commuting Areas coding system of the Department of Agriculture.

"SEC. 105. MAMMOGRAPHY ACCESSIBILITY FOR PARALYZED AND DISABLED VETERANS.

"(a) Study.—

"(1) In general.—The Secretary of Veterans Affairs shall conduct a study on the accessibility of breast imaging services at facilities of the Department of Veterans Affairs for veterans with paralysis, spinal cord injury or disorder (SCI/D), or another disability.

"(2) Accessibility.—The study required by paragraph (1) shall include an assessment of the accessibility of the physical infrastructure at breast imaging facilities of the Department, including the imaging equipment, transfer assistance, and the room in which services will be provided as well as adherence to best practices for screening and treating veterans with a spinal cord injury or disorder.

"(3) Screening rates.—

"(A) Measurement.—The study required by paragraph (1) shall include a measurement of breast cancer screening rates for veterans with a spinal cord injury or disorder during the two-year period preceding the commencement of the study, including a breakout of the screening rates for such veterans living in rural or highly rural areas.

"(B) Development of method.—If the Secretary is unable to provide the measurement required under subparagraph (A), the Secretary shall develop a method to track breast cancer screening rates for veterans with a spinal cord injury or disorder.

"(4) Report.—Not later than two years after the date of the enactment of this Act [June 7, 2022], the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the findings of the study required by paragraph (1), including—

"(A) the rates of screening among veterans with a spinal cord injury or disorder, including veterans living in rural or highly rural areas, as required under paragraph (3)(A); or

"(B) if such rates are not available, a description of the method developed to measure such rates as required under paragraph (3)(B).

"(b) Care From Non-Department Providers.—The Secretary shall update the policies and directives of the Department to ensure that, in referring a veteran with a spinal cord injury or disorder for care from a non-Department provider, the Secretary shall—

"(1) confirm with the provider the accessibility of the breast imaging site, including the imaging equipment, transfer assistance, and the room in which services will be provided; and

"(2) provide additional information to the provider on best practices for screening and treating veterans with a spinal cord injury or disorder.

"(c) Definitions.—In this section, the terms 'rural' and 'highly rural' have the meanings given those terms in the Rural-Urban Commuting Areas coding system of the Department of Agriculture.

"SEC. 106. REPORT ON ACCESS TO AND QUALITY OF MAMMOGRAPHY SCREENINGS FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS.

"(a) In General.—Not later than two years after the date of the enactment of this Act [June 7, 2022], the Inspector General of the Department of Veterans Affairs shall submit to the Secretary of Veterans Affairs, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report on mammography services furnished by the Department of Veterans Affairs.

"(b) Elements.—The report required by subsection (a) shall include an assessment of—

"(1) the access of veterans to mammography screenings, whether at a facility of the Department or through a non-Department provider, including any staffing concerns of the Department in providing such screenings;

"(2) the quality of such screenings and reading of the images from such screenings, including whether such screenings use three-dimensional mammography;

"(3) the communication of the results of such screenings, including whether results are shared in a timely manner, whether results are shared via the Joint Health Information Exchange or another electronic mechanism, and whether results are incorporated into the electronic health record of the veteran;

"(4) the performance of the Women's Breast Oncology System of Excellence of the Department; and

"(5) the access of veterans diagnosed with breast cancer to a comprehensive breast cancer care team of the Department.

"(c) Follow-Up.—Not later than 180 days after the submittal of the report under subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan to address the deficiencies identified in the report under subsection (a), if any.

"TITLE II—PARTNERSHIPS FOR RESEARCH AND ACCESS TO CARE

"SEC. 201. PARTNERSHIPS WITH NATIONAL CANCER INSTITUTE TO EXPAND ACCESS OF VETERANS TO CANCER CARE.

"(a) Access to Care in Each VISN.—

"(1) In general.—The Secretary of Veterans Affairs shall enter into a partnership with not fewer than one cancer center of the National Cancer Institute of the National Institutes of Health in each Veterans Integrated Service Network of the Department of Veterans Affairs to expand access to high-quality cancer care for women veterans.

"(2) Treatment of rural veterans.—The Secretary, in carrying out partnerships entered into under paragraph (1), shall ensure that veterans with breast cancer who reside in rural areas or States without a cancer center that has entered into such a partnership with the Secretary are able to receive care through such a partnership via telehealth.

"(b) Report on Partnership To Increase Access to Clinical Trials.—Not later than 180 days after the date of the enactment of this Act [June 7, 2022], the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on—

"(1) how the Secretary will ensure that the advancements made through the existing partnership between the Department of Veterans Affairs and the National Cancer Institute to provide veterans with access to clinical cancer research trials (commonly referred to as 'NAVIGATE') are permanently implemented; and

"(2) the determination of the Secretary of whether expansion of such partnership to more than the original 12 facilities of the Department that were selected under such partnership is feasible.

"(c) Periodic Reports.—Not later than three years after the date of the enactment of this Act, and every three years thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report—

"(1) assessing how the partnerships entered into under subsection (a)(1) have impacted access by veterans to cancer centers of the National Cancer Institute, including an assessment of the telehealth options made available and used pursuant to such partnerships; and

"(2) describing the advancements made with respect to access by veterans to clinical cancer research trials through the partnership described in subsection (b)(1), including how many of those veterans were women veterans, minority veterans (including racial and ethnic minorities), and rural veterans, and identifying opportunities for further innovation.

"SEC. 202. REPORT BY DEPARTMENT OF VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE ON INTERAGENCY COLLABORATION ON TREATING AND RESEARCHING BREAST CANCER.

"(a) In General.—Not later than 180 days after the date of the enactment of this Act [June 7, 2022], the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to Congress a report on all current research and health care collaborations between the Department of Veterans Affairs and the Department of Defense on treating veterans and members of the Armed Forces with breast cancer.

"(b) Elements.—The report required by subsection (a)—

"(1) shall include a description of potential opportunities for future interagency collaboration between the Department of Veterans Affairs and the Department of Defense with respect to treating and researching breast cancer; and

"(2) may include a focus on—

"(A) with respect to women members of the Armed Forces with a diagnosis of or who are undergoing screening for breast cancer, transition of such members from receiving care from the Department of Defense to receiving care from the Department of Veterans Affairs;

"(B) collaborative breast cancer research opportunities between the Department of Veterans Affairs and the Department of Defense;

"(C) access to clinical trials; and

"(D) such other matters as the Secretary of Veterans Affairs and the Secretary of Defense consider appropriate."

Sense of Congress

Pub. L. 105–114, title II, §208(c), Nov. 21, 1997, 111 Stat. 2290, provided that: "It is the sense of Congress that the policy developed under section 7322 of title 38, United States Code, as added by subsection (a), shall be in accordance with the guidelines endorsed by the Secretary of Health and Human Services and the Director of the National Institutes of Health."
38 U.S.C. § 7330C (2024) — Title 38: VETERANS' BENEFITS / Chapter 73 / Subchapter II / Section 7330C: Quadrennial Veterans Health Administration review
Quadrennial Veterans Health Administration review
Status: in_force

(a) Market Area Assessments.—(1) Not less frequently than every 4 years, the Secretary shall perform market area assessments regarding the health care services furnished under the laws administered by the Secretary.

(2) Each market area assessment established under paragraph (1) shall include the following:

(A) An assessment of the demand for health care from the Department, disaggregated by geographic market areas as determined by the Secretary, including the number of requests for health care services under the laws administered by the Secretary.

(B) An inventory of the health care capacity of the Department across the Department's system of facilities.

(C) An assessment of the health care capacity to be provided through contracted community care providers and providers who entered into a provider agreement with the Department under section 1703A of this title, including the number of providers, the geographic location of the providers, and categories or types of health care services provided by the providers.

(D) An assessment obtained from other Federal direct delivery systems of their capacity to provide health care to veterans.

(E) An assessment of the health care capacity of non-contracted providers where there is insufficient network supply.

(F) An assessment of the health care capacity of academic affiliates and other collaborations of the Department as it relates to providing health care to veterans.

(G) An assessment of the effects on health care capacity of the access standards and standards for quality established under sections 1703B and 1703C of this title.

(H) The number of appointments for health care services under the laws administered by the Secretary, disaggregated by—

(i) appointments at facilities of the Department; and

(ii) appointments with non-Department health care providers.

(3)(A) The Secretary shall submit to the appropriate committees of Congress the market area assessments established in paragraph (1).

(B) The Secretary also shall submit to the appropriate committees of Congress the market area assessments completed by or being performed on the day before the date of the enactment of the Caring for Our Veterans Act of 2018.

(4)(A) The Secretary shall use the market area assessments established under paragraph (1) to—

(i) determine the capacity of the health care provider networks established under section 1703(h) of this title;

(ii) inform the Department budget, in accordance with subparagraph (B); and

(iii) inform and assess the appropriateness of the access standards established under section 1703B of this title and standards for quality under section 1703C of this title and to make recommendations for any changes to such standards.

(B) The Secretary shall ensure that the Department budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) reflects the findings of the Secretary with respect to the most recent market area assessments under paragraph (1) and health care utilization data from the Department and non-Department entities or providers furnishing care and services to covered veterans as described in section 1703(b) of this title.

(b) Strategic Plan To Meet Health Care Demand.—(1) Not later than 1 year after the date of the enactment of the Caring for Our Veterans Act of 2018 and not less frequently than once every 4 years thereafter, the Secretary shall submit to the appropriate committees of Congress a strategic plan that specifies a 4-year forecast of—

(A) the demand for health care from the Department, disaggregated by geographic area as determined by the Secretary;

(B) the health care capacity to be provided at each medical center of the Department; and

(C) the health care capacity to be provided through community care providers.

(2) In preparing the strategic plan under paragraph (1), the Secretary shall—

(A) assess the access standards and standards for quality established under sections 1703B and 1703C of this title;

(B) assess the market area assessments established under subsection (a);

(C) assess the needs of the Department based on identified services that provide management of conditions or disorders related to military service for which there is limited experience or access in the national market, the overall health of veterans throughout their lifespan, or other services as the Secretary determines appropriate;

(D) consult with key stakeholders within the Department, the heads of other Federal agencies, and other relevant governmental and nongovernmental entities, including State, local, and tribal government officials, members of Congress, veterans service organizations, private sector representatives, academics, and other policy experts;

(E) identify emerging issues, trends, problems, and opportunities that could affect health care services furnished under the laws administered by the Secretary;

(F) develop recommendations regarding both short- and long-term priorities for health care services furnished under the laws administered by the Secretary;

(G) after consultation with veterans service organizations and other key stakeholders on survey development or modification of an existing survey, consider a survey of veterans who have used hospital care, medical services, or extended care services furnished by the Veterans Health Administration during the most recent 2-year period to assess the satisfaction of the veterans with service and quality of care;

(H) conduct a comprehensive examination of programs and policies of the Department regarding the delivery of health care services and the demand of health care services for veterans in future years;

(I) assess the remediation of medical service lines of the Department as described in section 1706A of this title in conjunction with the utilization of non-Department entities or providers to offset remediation; and

(J) consider such other matters as the Secretary considers appropriate.

(c) Responsibilities.—The Secretary shall be responsible for—

(1) overseeing the transformation and organizational change across the Department to achieve a high-performing integrated health care network;

(2) developing the capital infrastructure planning and procurement processes, whether minor or major construction projects or leases; and

(3) developing a multi-year budget process that is capable of forecasting future year budget requirements and projecting the cost of delivering health care services under such a high-performing integrated health care network.

(d) Appropriate Committees of Congress Defined.—In this section, the term "appropriate committees of Congress" means—

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

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

(Added Pub. L. 115–182, title I, §106(a), June 6, 2018, 132 Stat. 1413; amended Pub. L. 115–251, title II, §211(a)(11), Sept. 29, 2018, 132 Stat. 3175.)

Editorial Notes

References in Text

The date of the enactment of the Caring for Our Veterans Act of 2018, referred to in subsecs. (a)(3)(B) and (b), is the date of enactment of Pub. L. 115–182, which was approved June 6, 2018.

Amendments

2018—Subsec. (a)(1). Pub. L. 115–251, §211(a)(11)(A)(i), substituted "Secretary shall" for "Secretary of Veterans Affairs shall".

Subsec. (a)(2)(B). Pub. L. 115–251, §211(a)(11)(A)(ii)(I), substituted "Department across" for "Department of Veterans Affairs across".

Subsec. (a)(2)(C). Pub. L. 115–251, §211(a)(11)(A)(ii)(II), substituted "of this title" for "of title 38, as added by section 102".

Subsec. (a)(2)(H)(i). Pub. L. 115–251, §211(a)(11)(A)(ii)(III), substituted "Department" for "Department of Veterans Affairs".

Subsec. (a)(4)(A)(iii). Pub. L. 115–251, §211(a)(11)(A)(iii)(I), inserted "of this title" after "section 1703C".

Subsec. (a)(4)(B). Pub. L. 115–251, §211(a)(11)(A)(iii)(II), inserted "of this title" after "section 1703(b)".

Subsec. (b)(2)(I). Pub. L. 115–251, §211(a)(11)(B), inserted "of this title" after "section 1706A".

Subsec. (c)(1). Pub. L. 115–251, §211(a)(11)(C)(i), substituted "a high-performing" for "such high performing".

Subsec. (c)(3). Pub. L. 115–251, §211(a)(11)(C)(ii), inserted "such" before "a high-performing".
38 U.S.C. § 7281 (2024) — Title 38: VETERANS' BENEFITS / Chapter 72 / Subchapter III / Section 7281: Employees
Employees
Status: in_force

(a) The Court of Appeals for Veterans Claims may appoint a clerk without regard to the provisions of title 5 governing appointments in the competitive service. The clerk shall serve at the pleasure of the Court.

(b) The judges of the Court may appoint law clerks and secretaries, in such numbers as the Court may approve, without regard to the provisions of title 5 governing appointments in the competitive service. Any such law clerk or secretary shall serve at the pleasure of the appointing judge.

(c) The clerk, with the approval of the Court, may appoint necessary deputies and employees without regard to the provisions of title 5 governing appointments in the competitive service.

(d) The Court may fix and adjust the rates of basic pay for the clerk and other employees of the Court without regard to the provisions of chapter 51, subchapter III of chapter 53, or section 5373 of title 5. To the maximum extent feasible, the Court shall compensate employees at rates consistent with those for employees holding comparable positions in the judicial branch.

(e) In making appointments under subsections (a) through (c) of this section, preference shall be given, among equally qualified persons, to persons who are preference eligibles (as defined in section 2108(3) of title 5).

(f) The Court may procure the services of experts and consultants under section 3109 of title 5.

(g) The chief judge of the Court may exercise the authority of the Court under this section whenever there are not at least two other judges of the Court.

(h) The Court shall not be considered to be an agency within the meaning of section 3132(a)(1) of title 5.

(i) The Court may accept and utilize voluntary services and uncompensated (gratuitous) services, including services as authorized by section 3102(b) of title 5 and may accept, hold, administer, and utilize gifts and bequests of personal property for the purposes of aiding or facilitating the work of the Court. Gifts or bequests of money to the Court shall be covered into the Treasury.

(j) For purposes of chapter 87 of title 5, a judge who is in regular active service and a judge who is retired under section 7296 of this title or under chapter 83 or 84 of title 5 shall be treated as an employee described in section 8701(a)(5) of title 5.

(k) Notwithstanding any other provision of law, the Court may pay on behalf of its judges, who are age 65 or older, any increase in the cost of Federal Employees' Group Life Insurance imposed after April 24, 1999, including any expenses generated by such payments, as authorized by the chief judge of the Court in a manner consistent with such payment authorized by the Judicial Conference of the United States pursuant to section 604(a)(5) of title 28.

(Added Pub. L. 100–687, div. A, title III, §301(a), Nov. 18, 1988, 102 Stat. 4118, §4081; amended Pub. L. 101–94, title II, §204(a), Aug. 16, 1989, 103 Stat. 627; renumbered §7281, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–82, §7, Aug. 6, 1991, 105 Stat. 377; Pub. L. 105–368, title V, §512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 106–117, title X, §1035(1), Nov. 30, 1999, 113 Stat. 1595; Pub. L. 114–315, title II, §202(a), Dec. 16, 2016, 130 Stat. 1549.)

Editorial Notes

References in Text

The provisions of title 5 governing appointment in the competitive service, referred to in subsecs. (a) to (c), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.

Amendments

2016—Subsecs. (j), (k). Pub. L. 114–315 added subsecs. (j) and (k).

1999—Subsec. (g). Pub. L. 106–117 amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: "The Chief Judge of the Court may exercise the authority of the Court under this section whenever there are not at least two associate judges of the Court."

1998—Subsec. (a). Pub. L. 105–368 substituted "Court of Appeals for Veterans Claims" for "Court of Veterans Appeals".

1991—Pub. L. 102–40 renumbered section 4081 of this title as this section.

Subsec. (i). Pub. L. 102–82 added subsec. (i).

1989—Pub. L. 101–94 amended section generally. Prior to amendment, section read as follows: "The Court of Veterans Appeals may appoint such employees as may be necessary to execute the functions vested in the Court. Such appointments shall be made in accordance with the provisions of title 5 governing appointment in the competitive service, except that the Court may classify such positions based upon the classification of comparable positions in the judicial branch. The basic pay of such employees shall be fixed in accordance with subchapter III of chapter 53 of title 5."

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–315, title II, §202(b), Dec. 16, 2016, 130 Stat. 1549, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to any payment made on or after the first day of the first applicable pay period beginning on or after the date of the enactment of this Act [Dec. 16, 2016]."

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–117 effective Nov. 30, 1999, with savings provision for incumbent chief judge, see section 1036 of Pub. L. 106–117, set out as a note under section 7253 of this title.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.

Effective Date of 1989 Amendment

Pub. L. 101–94, title II, §204(c), Aug. 16, 1989, 103 Stat. 627, provided that: "Notwithstanding section 401 of the Veterans' Judicial Review Act [Pub. L. 100–687, set out as an Effective Date note under section 7251 of this title], the authority provided by section 4081 [now 7281] of title 38, United States Code, as amended by subsection (a), shall take effect on the date of the enactment of this Act [Aug. 16, 1989]."

Limitation on Conversion of Employees to Competitive Service

Pub. L. 101–94, title II, §204(b), Aug. 16, 1989, 103 Stat. 627, as amended by Pub. L. 105–368, title V, §512(c), Nov. 11, 1998, 112 Stat. 3342, provided that: "Notwithstanding clause (1)(A) of the proviso under the heading 'Court of Veterans Appeals' in chapter XI of [title I of] Public Law 101–45 [formerly set out below], no employee of the United States Court of Appeals for Veterans Claims may be converted to the competitive service without the approval of the Court."

Appointment of Employees Eligible for Noncompetitive Conversion to Position in Competitive Service; Procurement of Experts and Consultants

Pub. L. 101–45, title I, June 30, 1989, 103 Stat. 113, authorized United States Court of Veterans Appeals, during fiscal year 1989, to appoint not to exceed 35 employees to positions in competitive service if certain requirements were met and to procure services of experts and consultants.
38 U.S.C. § 3321 (2024) — Title 38: VETERANS' BENEFITS / Chapter 33 / Subchapter III / Section 3321: Time limitation for use of and eligibility for entitlement
Time limitation for use of and eligibility for entitlement
Status: in_force

(a) In General.—Except as provided in this section, the period during which an individual entitled to educational assistance under this chapter may use such individual's entitlement—

(1) in the case of an individual whose last discharge or release from active duty is before January 1, 2013, expires at the end of the 15-year period beginning on the date of such discharge or release; or

(2) in the case of an individual whose last discharge or release from active duty is on or after January 1, 2013, shall not expire.

(b) Exceptions.—

(1) Applicability of section 3031 to running of period.—(A) Subsections (b), (c), (d), and (i) of section 3031 shall apply with respect to the running of the 15-year period described in subsection (a) of this section in the same manner as such subsections apply under section 3031 with respect to the running of the 10-year period described in section 3031(a).

(B) Subsection (i) of section 3031 shall apply with respect to the running of the 15-year period described in paragraphs (4)(A) and (5)(A) of this subsection in the same manner as such subsection applies under section 3031 of this title with respect to the running of the 10-year period described in section 3031(a) of this title.

(2) Applicability of section 3031 to termination.—Section 3031(f) shall apply with respect to the termination of an individual's entitlement to educational assistance under this chapter in the same manner as such section applies to the termination of an individual's entitlement to educational assistance under chapter 30, except that, in the administration of such section for purposes of this chapter, the reference to section 3013 shall be deemed to be a reference to section 3312 of this title.

(3) Determination of last discharge or release.—For purposes of subsection (a), an individual's last discharge or release from active duty shall not include any discharge or release from a period of active duty of less than 90 days of continuous service, unless the individual is discharged or released as described in section 3311(b)(2).

(4) Applicability to children of deceased members.—The period during which a child entitled to educational assistance by reason of section 3311(b)(8) of this title may use such child's entitlement—

(A) in the case of a child who first becomes entitled to such entitlement before January 1, 2013, expires at the end of the 15-year period beginning on the date of such child's eighteenth birthday; or

(B) in the case of a child who first becomes entitled to such entitlement on or after January 1, 2013, shall not expire.

(5) Applicability to spouses of deceased members.—The period during which a spouse entitled to educational assistance by reason of section 3311(b)(9) 1 may use such spouse's entitlement—

(A) in the case of a spouse who first becomes entitled to such entitlement before January 1, 2013, expires at the end of the 15-year period beginning on the date on which the spouse first becomes entitled to such entitlement; or

(B) in the case of a spouse who first becomes entitled to such entitlement on or after January 1, 2013, shall not expire.

(Added Pub. L. 110–252, title V, §5003(a)(1), June 30, 2008, 122 Stat. 2373; amended Pub. L. 111–32, title X, §1002(c), June 24, 2009, 123 Stat. 1889; Pub. L. 111–275, title X, §1001(g)(8), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 113–146, title VII, §701(c), Aug. 7, 2014, 128 Stat. 1796; Pub. L. 115–48, title I, §§105(c)(5), 112, Aug. 16, 2017, 131 Stat. 976, 984; Pub. L. 116–61, §6(4), Sept. 30, 2019, 133 Stat. 1117; Pub. L. 117–328, div. U, title II, §232(b), Dec. 29, 2022, 136 Stat. 5457; Pub. L. 117–333, §3(b)(1), Jan. 5, 2023, 136 Stat. 6126.)

Editorial Notes

References in Text

Subsection (b)(9) of section 3311 of this title, referred to in subsec. (b)(5), was redesignated subsection (b)(8) by Pub. L. 115–48, title I, §105(a)(3), Aug. 16, 2017, 131 Stat. 975.

Amendments

2023—Subsec. (b)(1). Pub. L. 117–333 made amendment substantially identical to that made by Pub. L. 117–328. See 2022 Amendment note below.

2022—Subsec. (b)(1). Pub. L. 117–328 designated existing provisions as subpar. (A), substituted "(d), and (i)" for "and (d)", and added subpar. (B).

2019—Subsec. (a)(1). Pub. L. 116–61 substituted "January" for "January,".

2017—Subsec. (a). Pub. L. 115–48, §112(a), substituted "individual's entitlement—" for "individual's entitlement expires at the end of the 15-year period beginning on the date of such individual's last discharge or release from active duty." and added pars. (1) and (2).

Subsec. (b)(4). Pub. L. 115–48, §112(b), inserted "of this title" after "section 3311(b)(9)", substituted "child's entitlement—" for "child's entitlement expires at the end of the 15-year period beginning on the date of such child's eighteenth birthday.", and added subpars. (A) and (B).

Pub. L. 115–48, §105(c)(5), substituted "section 3311(b)(8)" for "section 3311(b)(9)".

Subsec. (b)(5). Pub. L. 115–48, §112(c), added par. (5).

2014—Subsec. (b)(4). Pub. L. 113–146 substituted "a child" for "an individual" and, in two places, "such child's" for "such individual's".

2010—Subsec. (b)(2). Pub. L. 111–275 substituted "section 3312 of this title" for "3312".

2009—Subsec. (b)(4). Pub. L. 111–32 added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Amendment by section 105(c)(5) of Pub. L. 115–48 effective Aug. 1, 2020, see section 105(d) of Pub. L. 115–48, set out as a note under section 3311 of this title.

Effective Date of 2014 Amendment

Amendment by Pub. L. 113–146 applicable with respect to a quarter, semester, or term, as applicable, commencing on or after Jan. 1, 2015, with provision for deaths occurring between Sept. 11, 2001, and Dec. 31, 2005, see section 701(d) of Pub. L. 113–146, set out as a note under section 3311 of this title.

Effective Date of 2009 Amendment

Amendment by Pub. L. 111–32 effective Aug. 1, 2009, see section 1002(d)(1) of Pub. L. 111–32, set out as a note under section 3311 of this title.

Effective Date

Section effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as an Effective Date of 2008 Amendment note under section 16163 of Title 10, Armed Forces.

Extension of Time Limitations for Use of Entitlement: Post-9/11 Educational Assistance

Pub. L. 116–140, §6(b)(1), Apr. 28, 2020, 134 Stat. 632, which temporarily provided for an extension to use entitlements for post-9/11 educational assistance, was repealed by Pub. L. 117–333, §3(f), Jan. 5, 2023, 136 Stat. 6128. See subsec. (b)(1)(B) of this section.

1 See References in Text note below.
38 U.S.C. § 1833 (2024) — Title 38: VETERANS' BENEFITS / Chapter 18 / Subchapter IV / Section 1833: Treatment of receipt of monetary allowance and other benefits
Treatment of receipt of monetary allowance and other benefits
Status: in_force

(a) Coordination With Other Benefits Paid to the Recipient.—Notwithstanding any other provision of law, receipt by an individual of a monetary allowance under this chapter shall not impair, infringe, or otherwise affect the right of the individual to receive any other benefit to which the individual is otherwise entitled under any law administered by the Secretary.

(b) Coordination With Benefits Based on Relationship of Recipients.—Notwithstanding any other provision of law, receipt by an individual of a monetary allowance under this chapter shall not impair, infringe, or otherwise affect the right of any other individual to receive any benefit to which such other individual is entitled under any law administered by the Secretary based on the relationship of such other individual to the individual who receives such monetary allowance.

(c) Monetary Allowance Not To Be Considered as Income or Resources for Certain Purposes.—Notwithstanding any other provision of law, a monetary allowance paid an individual under this chapter shall not be considered as income or resources in determining eligibility for, or the amount of benefits under, any Federal or federally assisted program.

(Added Pub. L. 106–419, title IV, §401(b), Nov. 1, 2000, 114 Stat. 1860, §1823; renumbered §1833, Pub. L. 108–183, title I, §102(a)(1), Dec. 16, 2003, 117 Stat. 2653.)

Editorial Notes

Prior Provisions

A prior section 1833 was renumbered section 3733 of this title.

Amendments

2003—Pub. L. 108–183 renumbered section 1823 of this title as this section.
38 U.S.C. § 7266 (2024) — Title 38: VETERANS' BENEFITS / Chapter 72 / Subchapter II / Section 7266: Notice of appeal
Notice of appeal
Status: in_force

(a) In order to obtain review by the Court of Appeals for Veterans Claims of a final decision of the Board of Veterans' Appeals, a person adversely affected by such decision shall file a notice of appeal with the Court within 120 days after the date on which notice of the decision is issued pursuant to section 7104(e) of this title.

(b) An appellant shall file a notice of appeal under this section by delivering or mailing the notice to the Court.

(c) A notice of appeal shall be deemed to be received by the Court as follows:

(1) On the date of receipt by the Court, if the notice is delivered.

(2) On the date of the United States Postal Service postmark stamped on the cover in which the notice is posted, if the notice is properly addressed to the Court and is mailed.

(d) For a notice of appeal mailed to the Court to be deemed to be received under subsection (c)(2) on a particular date, the United States Postal Service postmark on the cover in which the notice is posted must be legible. The Court shall determine the legibility of any such postmark and the Court's determination as to legibility shall be final and not subject to review by any other Court.

(Added Pub. L. 100–687, div. A, title III, §301(a), Nov. 18, 1988, 102 Stat. 4116, §4066; renumbered §7266 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103–446, title V, §511(a), Nov. 2, 1994, 108 Stat. 4670; Pub. L. 105–368, title V, §512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 107–103, title V, §507, Dec. 27, 2001, 115 Stat. 997; Pub. L. 117–168, title VIII, §807(a)(8), Aug. 10, 2022, 136 Stat. 1806.)

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–168 substituted "issued" for "mailed".

2001—Pub. L. 107–103 struck out "(1)" before "In order to", redesignated par. (2) of subsec. (a) as subsec. (b), redesignated par. (3) of subsec. (a) as subsec. (c) and subpars. (A) and (B) thereof as pars. (1) and (2), respectively, redesignated par. (4) of subsec. (a) as subsec. (d) and substituted "subsection (c)(2)" for "paragraph (3)(B)", and struck out former subsec. (b) which read as follows: "The appellant shall also furnish the Secretary with a copy of such notice, but a failure to do so shall not constitute a failure of timely compliance with subsection (a) of this section."

1998—Subsec. (a)(1). Pub. L. 105–368 substituted "Court of Appeals for Veterans Claims" for "Court of Veterans Appeals".

1994—Subsec. (a). Pub. L. 103–446 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "In order to obtain review by the Court of Veterans Appeals of a final decision of the Board of Veterans' Appeals, a person adversely affected by that action must file a notice of appeal with the Court. Any such notice must be filed within 120 days after the date on which notice of the decision is mailed pursuant to section 7104(e) of this title."

1991—Pub. L. 102–40, §402(b)(1), renumbered section 4066 of this title as this section.

Subsec. (a). Pub. L. 102–40, §402(d)(1), substituted "7104(e)" for "4004(e)".

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

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.

Effective Date of 1994 Amendment

Pub. L. 103–446, title V, §511(b), Nov. 2, 1994, 108 Stat. 4670, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 2, 1994] and shall apply to notices of appeal that are delivered or mailed to the United States Court of Veterans Appeals [now United States Court of Appeals for Veterans Claims] on or after that date."

Rule of Construction

Amendment by Pub. L. 117–168 not to be construed to apply section 5104(a) of this title to decisions of the Board of Veterans' Appeals under chapter 71 of this title, see section 807(b) of Pub. L. 117–168, set out as a note under section 5100 of this title.

Interim Provision for Filing Notices of Appeal

Pub. L. 101–94, title II, §202, Aug. 16, 1989, 103 Stat. 626, provided that in the case of a person adversely affected by a final decision of the Board of Veterans' Appeals that was made before the date on which the United States Court of Veterans Appeals published in the Federal Register a notice by the Court that it had commenced operations, the period prescribed under this section within which a notice of appeal had to be filed with the Court was to be extended to the end of the 30-day period beginning on the date such notice was published, if the end of that period was later than the date that would otherwise be applicable under this section.