38 U.S.C. § 3231 (2024) — Title 38: VETERANS' BENEFITS / Chapter 32 / Subchapter III / Section 3231: Entitlement; loan eligibility
Entitlement; loan eligibility
Status: in_force

(a)(1) Subject to the provisions of section 3695 of this title limiting the aggregate period for which any person may receive assistance under two or more programs of educational or vocational assistance administered by the Department of Veterans Affairs, a participant shall be entitled to a maximum of 36 monthly benefit payments (or their equivalent in the event of part-time benefits).

(2) Except as provided in paragraph (5)(E) of this subsection and in subsection (e) of this section and section 3233 of this title and subject to section 3241 of this title, the amount of the monthly payment to which any eligible veteran is entitled shall be ascertained by (A) adding all contributions made to the fund by the eligible veteran, (B) multiplying the sum by 3, (C) adding all contributions made to the fund for such veteran by the Secretary of Defense, and (D) dividing the sum by the lesser of 36 or the number of months in which contributions were made by such veteran.

(3) Payment of benefits under this chapter may be made only for periods of time during which an eligible veteran is actually enrolled in and pursuing an approved program of education and, except as provided in paragraph (4), only after an eligible veteran has been discharged or released from active duty.

(4) Payment of benefits under this chapter may be made after a participant has completed his or her first obligated period of active duty (which began after December 31, 1976), or 6 years of active duty (which began after December 31, 1976), whichever period is less.

(5)(A) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of an educational assistance allowance described in subparagraph (B) of this paragraph—

(i) shall not be charged against the entitlement of any eligible veteran under this chapter; and

(ii) shall not be counted toward the aggregate period for which section 3695 of this title limits an individual's receipt of assistance.

(B) The payment of an educational assistance allowance referred to in subparagraph (A) of this paragraph is any payment of a monthly benefit under this chapter to an eligible veteran for pursuit of a course or courses under this chapter if the Secretary finds that the eligible veteran—

(i) in the case of a person not serving on active duty, had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; or

(ii) in the case of a person serving on active duty, had to discontinue such course pursuit as a result of being ordered to a new duty location or assignment or to perform an increased amount of work; and

(iii) failed to receive credit or training time toward completion of the individual's approved educational, professional, or vocational objective as a result of having to discontinue, as described in clause (i) or (ii) of this subparagraph, his or her course pursuit.

(C) The period for which, by reason of this subsection, an educational assistance allowance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the portion of the period of enrollment in the course or courses for which the individual failed to receive credit or with respect to which the individual lost training time, as determined under subparagraph (B)(iii) of this paragraph.

(D) The amount in the fund for each eligible veteran who received a payment of an educational assistance allowance described in subparagraph (B) of this paragraph shall be restored to the amount that would have been in the fund for the veteran if the payment had not been made. For purposes of carrying out the previous sentence, the Secretary of Defense shall deposit into the fund, on behalf of each such veteran, an amount equal to the entire amount of the payment made to the veteran.

(E) In the case of a veteran who discontinues pursuit of a course or courses as described in subparagraph (B) of this paragraph, the formula for ascertaining the amount of the monthly payment to which the veteran is entitled in paragraph (2) of this subsection shall be implemented as if—

(i) the payment made to the fund by the Secretary of Defense under subparagraph (D) of this paragraph, and

(ii) any payment for a course or courses described in subparagraph (B) of this paragraph that was paid out of the fund,

had not been made or paid.

(b) Any enlisted member of the Armed Forces participating in the program shall be eligible to enroll in a course, courses, or program of education for the purpose of attaining a secondary school diploma (or an equivalency certificate), as authorized by section 3491(a) of this title, during the last six months of such member's first enlistment and at any time thereafter.

(c) When an eligible veteran is pursuing a program of education under this chapter by correspondence, such eligible veteran's entitlement shall be charged at the rate of 1 month's entitlement for each month of benefits paid to the eligible veteran (computed on the basis of the formula provided in subsection (a)(2) of this section).

(d)(1) Subject to the provisions of paragraph (2) of this subsection, the amount of the educational assistance benefits paid to an eligible veteran who is pursuing a program of education under this chapter while incarcerated in a Federal, State, local, or other penal institution or correctional facility for conviction of a felony may not exceed the lesser of (A) such amount as the Secretary determines, in accordance with regulations which the Secretary shall prescribe, is necessary to cover the cost of established charges for tuition and fees required of similarly circumstanced nonveterans enrolled in the same program and the cost of necessary supplies, books, and equipment, or (B) the applicable monthly benefit payment otherwise prescribed in this section or section 3233 of this title. The amount of the educational assistance benefits payable to a veteran while so incarcerated shall be reduced to the extent that the tuition and fees of the veteran for any course are paid under any Federal program (other than a program administered by the Secretary) or under any State or local program.

(2) Paragraph (1) of this subsection shall not apply in the case of any veteran who is pursuing a program of education under this chapter while residing in a halfway house or participating in a work-release program in connection with such veteran's conviction of a felony.

(e)(1) Subject to subsection (a)(1) of this section, each individual who is pursuing a program of education consisting exclusively of flight training approved as meeting the requirements of section 3241(b) of this title shall be paid educational assistance under this chapter in the amount equal to 60 percent of the established charges for tuition and fees which similarly circumstanced nonveterans enrolled in the same flight course are required to pay.

(2) No payment may be paid under this chapter to an individual for any month during which such individual is pursuing a program of education consisting exclusively of flight training until the Secretary has received from that individual and the institution providing such training a certification of the flight training received by the individual during that month and the tuition and other fees charged for that training.

(3) The entitlement of an eligible veteran pursuing a program of education described in paragraph (1) of this subsection shall be charged at the rate of one month for each amount of educational assistance paid which is equal to the monthly benefit otherwise payable to such veteran (computed on the basis of the formula provided in subsection (a)(2) of this section).

(4) The number of solo flying hours for which an individual may be paid an educational assistance allowance under this subsection may not exceed the minimum number of solo flying hours required by the Federal Aviation Administration for the flight rating or certification which is the goal of the individual's flight training.

(Added Pub. L. 94–502, title IV, §404, Oct. 15, 1976, 90 Stat. 2396, §1631; amended Pub. L. 96–466, title IV, §§403, 404, Oct. 17, 1980, 94 Stat. 2201; Pub. L. 97–35, title XX, §§2003(a)(1), 2005(a), Aug. 13, 1981, 95 Stat. 782; Pub. L. 99–576, title III, §310(b)(1), Oct. 28, 1986, 100 Stat. 3271; Pub. L. 100–689, title I, §§108(b)(2), 122, Nov. 18, 1988, 102 Stat. 4170, 4174; Pub. L. 101–237, title IV, §423(b)(1), (4)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102–16, §7(b), Mar. 22, 1991, 105 Stat. 51; renumbered §3231 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–127, §2(b), Oct. 10, 1991, 105 Stat. 619; Pub. L. 102–568, title III, §310(c), Oct. 29, 1992, 106 Stat. 4330; Pub. L. 104–275, title I, §105(b), Oct. 9, 1996, 110 Stat. 3327; Pub. L. 105–368, title X, §1005(b)(7), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 107–103, title I, §103(a), (d), Dec. 27, 2001, 115 Stat. 979; Pub. L. 109–461, title X, §1002(c), Dec. 22, 2006, 120 Stat. 3465.)

Editorial Notes

Amendments

2006—Subsec. (d)(1). Pub. L. 109–461 substituted "local, or other penal institution or correctional facility" for "or local penal institution".

2001—Subsec. (a)(5)(B)(i). Pub. L. 107–103, §103(a), substituted "to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10;" for ", in connection with the Persian Gulf War, to serve on active duty under section 672(a), (d), or (g), 673, 673b, or 688 of title 10;".

Subsec. (a)(5)(B)(ii). Pub. L. 107–103, §103(d), struck out ", in connection with such War," after "being ordered".

1998—Subsec. (a)(2). Pub. L. 105–368 substituted "subsection (e)" for "subsection (f)".

1996—Subsecs. (d) to (f). Pub. L. 104–275 redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out former subsec. (d) which read as follows:

"(d)(1) The amount of the monthly benefit payment to an individual pursuing a cooperative program under this chapter shall be 80 percent of the monthly benefit otherwise payable to such individual (computed on the basis of the formula provided in subsection (a)(2) of this section).

"(2) For each month that an individual is paid a monthly benefit payment for pursuit of a cooperative program under this chapter, the individual's entitlement under this chapter shall be charged at the rate 80 percent of a month."

1992—Subsec. (f)(1). Pub. L. 102–568, §310(c)(1), struck out "(other than tuition and fees charged for or attributable to solo flying hours)" after "for tuition and fees".

Subsec. (f)(4). Pub. L. 102–568, §310(c)(2), added par. (4).

1991—Pub. L. 102–83, §5(a), renumbered section 1631 of this title as this section.

Subsec. (a)(1). Pub. L. 102–83, §5(c)(1), substituted "3695" for "1795".

Subsec. (a)(2). Pub. L. 102–127, §2(b)(2), inserted "in paragraph (5)(E) of this subsection and" after "Except as provided".

Pub. L. 102–83, §5(c)(1), substituted "3233" for "1633" and "3241" for "1641".

Pub. L. 102–16, §7(b)(1), inserted "subsection (f) of this section and" after "Except as provided in".

Subsec. (a)(5). Pub. L. 102–127, §2(b)(1), added par. (5).

Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "3491(a)" for "1691(a)".

Subsec. (e)(1). Pub. L. 102–83, §5(c)(1), substituted "3233" for "1633".

Subsec. (f). Pub. L. 102–83, §5(c)(1), substituted "3241(b)" for "1641(b)" in par. (1).

Pub. L. 102–16, §7(b)(2), added subsec. (f).

1989—Subsec. (a)(1). Pub. L. 101–237, §423(b)(1)(B), substituted "Department of Veterans Affairs" for "Veterans' Administration".

Subsec. (a)(2)(C). Pub. L. 101–237, §423(b)(4)(A), inserted "of Defense" after "Secretary".

Subsec. (e)(1). Pub. L. 101–237, §423(b)(1)(A), substituted "Secretary" for "Administrator" wherever appearing.

1988—Subsec. (d). Pub. L. 100–689, §108(b)(2), added subsec. (d).

Subsec. (e). Pub. L. 100–689, §122, added subsec. (e).

1986—Subsec. (a)(2). Pub. L. 99–576 substituted "Except as provided in section 1633 of this title and subject to section 1641 of this title, the" for "The".

1981—Subsec. (c). Pub. L. 97–35, §2003(a)(1), struck out applicability to a program of flight training.

Subsec. (d). Pub. L. 97–35, §2005(a), struck out subsec. (d) which related to eligibility of veterans for loans authorized by subchapter III of chapter 36 of this title.

1980—Subsec. (a)(1). Pub. L. 96–466, §404, inserted reference to provisions of section 1795 of this title limiting the aggregate period for which any person may receive assistance under two or more programs of educational or vocational assistance administered by the Veterans' Administration, and substituted reference to part-time benefits, for reference to part-time benefit payments.

Subsec. (b). Pub. L. 96–466, §403, substituted reference to enrolling in a course, courses, or program of education for the purpose of attaining a secondary school diploma or an equivalency certificate during the last six months of such member's first enlistment and at any time thereafter, for reference to participating in the Predischarge Education Program authorized by subchapter VI of chapter 34 of this title during the last 6 months of such member's first enlistment.

Statutory Notes and Related Subsidiaries

Effective Date of 2001 Amendment

Amendment by Pub. L. 107–103 effective Sept. 11, 2001, see section 103(e) of Pub. L. 107–103, set out as a note under section 3013 of this title.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–568 applicable to flight training received under this chapter, chapter 30 of this title, and chapter 106 of Title 10, Armed Forces, after Sept. 30, 1992, see section 310(d) of Pub. L. 102–568, set out as a note under section 16131 of Title 10.

Effective Date of 1991 Amendment

Pub. L. 102–16, §7(c), Mar. 22, 1991, 105 Stat. 52, provided that: "The amendments made by this section [amending this section and section 1641 [now 3241] of this title] shall take effect on April 1, 1991."

Effective Date of 1988 Amendment

Amendment by section 108(b)(2) of Pub. L. 100–689 effective Jan. 1, 1989, see section 108(c) of Pub. L. 100–689, set out as a note under section 3002 of this title.

Effective Date of 1981 Amendment

Pub. L. 97–35, title XX, §2006, Aug. 13, 1981, 95 Stat. 783, provided that:

"(a) Except as provided in subsection (b), the amendments made by sections 2003 [amending this section and sections 1641, 1662, 1673, 1681, 1682, and 1780 [now 3241, 3462, 3473, 3481, 3482, and 3680] of this title and repealing section 1677 of this title] and 2005 [amending this section and sections 1686 [repealed], 1737 [repealed], and 1798 [now 3698] of this title] shall take effect on October 1, 1981.

"(b) The amendments made by such sections shall not apply to any person receiving educational assistance under section 1677 [now 3477] of title 38, United States Code, as such section was in effect on August 31, 1981, for the pursuit of a program of education (as defined in section 1652(b) [now 3452(b)] of such title) in which such person was enrolled on that date, for as long as such person is continuously thereafter so enrolled and meets the requirements of eligibility for such assistance for the pursuit of such program under the provisions of chapters 34 and 36 of such title, as in effect on that date."

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–466 effective Oct. 1, 1980, see section 802(d)(2) of Pub. L. 96–466, set out as a note under section 3224 of this title.

Effective Date

Section effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title.
38 U.S.C. § 107 (2024) — Title 38: VETERANS' BENEFITS / Chapter 1 / Section 107: Certain service deemed not to be active service
Certain service deemed not to be active service
Status: in_force

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

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

(2) chapter 10 of title 37; and

(3) chapters 11, 13 (except section 1312(a)), 23, and 24 (to the extent provided for in section 2402(a)(8)) of this title.

Except as provided in subsection (c) or (d), payments under such chapters shall be made at a rate of $0.50 for each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying such annual income shall apply at a rate of $0.50 for each dollar. Any payments made before February 18, 1946, to any such member under such laws conferring rights, benefits, or privileges shall not be deemed to have been invalid by reason of the circumstance that such member's service was not service in the Armed Forces or any component thereof within the meaning of any such law.

(b) Service in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945 shall not be deemed to have been active military, naval, or air service for the purposes of any of the laws administered by the Secretary except—

(1) with respect to contracts of National Service Life Insurance entered into (A) before May 27, 1946, (B) under section 620 or 621 of the National Service Life Insurance Act of 1940, or (C) under section 1922 of this title; and

(2) chapters 11, 13 (except section 1312(a)), 23, and 24 (to the extent provided for in section 2402(a)(8)) of this title.

Except as provided in subsection (c) or (d), payments under such chapters shall be made at a rate of $0.50 for each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying such annual income shall apply at a rate of $0.50 for each dollar.

(c) In the case of benefits under subchapters II and IV of chapter 11 of this title and subchapter II of chapter 13 (except section 1312(a)) of this title paid by reason of service described in subsection (a) or (b) to an individual residing in the United States who is a citizen of, or an alien lawfully admitted for permanent residence in, the United States, the second sentence of the applicable subsection shall not apply.

(d)(1) With respect to benefits under chapter 23 of this title, in the case of an individual described in paragraph (2), the second sentence of subsection (a) or (b), as otherwise applicable, shall not apply.

(2) Paragraph (1) applies to any individual whose service is described in subsection (a) and who dies after November 1, 2000, or whose service is described in subsection (b) and who dies after the date of the enactment of the Veterans Benefits Act of 2003, if the individual, on the individual's date of death—

(A) is a citizen of, or an alien lawfully admitted for permanent residence in, the United States;

(B) is residing in the United States; and

(C) either—

(i) is receiving compensation under chapter 11 of this title; or

(ii) if the individual's service had been deemed to be active military, naval, or air service, would have been paid pension under section 1521 of this title without denial or discontinuance by reason of section 1522 of this title.

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

Editorial Notes

References in Text

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

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

The date of the enactment of the Veterans Benefits Act of 2003, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 108–183, which was approved Dec. 16, 2003.

Amendments

2010—Subsecs. (a)(3), (b)(2). Pub. L. 111–275 substituted "section 2402(a)(8)" for "section 2402(8)".

2003—Subsec. (b). Pub. L. 108–183, §212(a)(2), inserted "or (d)" after "subsection (c)" in second sentence.

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

Subsec. (b)(2). Pub. L. 108–183, §212(a)(1), substituted a comma for "and" after "chapters 11" and inserted ", 23, and 24 (to the extent provided for in section 2402(8))" after "(except section 1312(a))".

Subsec. (c). Pub. L. 108–183, §211(a)(2), substituted "in subsection (a) or (b)" for "in subsection (a)" and "of the applicable subsection" for "of subsection (a)" and inserted "and subchapter II of chapter 13 (except section 1312(a)) of this title" after "chapter 11 of this title".

Subsec. (d)(1). Pub. L. 108–183, §212(a)(3), inserted "or (b), as otherwise applicable," after "subsection (a)".

Subsec. (d)(2). Pub. L. 108–183, §212(a)(4), inserted "or whose service is described in subsection (b) and who dies after the date of the enactment of the Veterans Benefits Act of 2003," after "November 1, 2000," in introductory provisions.

2002—Subsec. (d)(2). Pub. L. 107–330 substituted "November 1, 2000," for "the date of the enactment of this subsection" in introductory provisions.

2001—Subsec. (a). Pub. L. 107–14, §8(a)(1)(A), inserted "or (d)" after "subsection (c)" in concluding provisions.

Subsecs. (c), (d). Pub. L. 107–14, §8(a)(1)(B), (C), redesignated subsec. (c) relating to the inapplicability of the second sentence of subsec. (a) to an individual described in paragraph (2) as (d) and substituted "With respect to benefits under chapter 23 of this title, in" for "In" in par. (1).

2000—Subsec. (a). Pub. L. 106–419, §332(a)(1), which directed substitution of "Subject to subsection (c), payments" for "Payments", could not be executed because "Payments" did not appear subsequent to the amendment by Pub. L. 106–377, §1(a)(1) [title V, §501(a)(1)(A)]. See below.

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

Subsec. (a)(3). Pub. L. 106–419, §331(b), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "chapters 11, 13 (except section 1312(a)), and 23 of this title."

Subsec. (c). Pub. L. 106–419, §332(a)(2), added subsec. (c) relating to the inapplicability of the second sentence of subsec. (a) to an individual described in paragraph (2).

Pub. L. 106–377, §1(a)(1) [title V, §501(a)(1)(B)], added subsec. (c) relating to the inapplicability of the second sentence of subsec. (a) to cases of benefits under subchapters II and IV of chapter 11 of this title paid to United States citizens or to permanent resident aliens.

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

1991—Subsec. (a)(3). Pub. L. 102–83, §5(c)(1), substituted "1312(a)" for "412(a)".

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

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

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

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

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–275, title V, §502(e), Oct. 13, 2010, 124 Stat. 2883, provided that: "The amendments made by this section [amending this section and sections 2301, 2306, and 2402 of this title and enacting provisions set out as notes under sections 101 and 2402 of this title] shall apply with respect to the death, on or after the date of the enactment of this Act [Oct. 13, 2010], of the parent of a person described in paragraph (9)(B) of subsection (a) of section 2402 of title 38, United States Code, as added by subsection (b), who dies on or after October 7, 2001."

Effective Date of 2003 Amendment

Pub. L. 108–183, title II, §211(b), Dec. 16, 2003, 117 Stat. 2657, provided that: "The amendments made by subsection (a) [amending this section] shall apply to benefits paid for months beginning after the date of the enactment of this Act [Dec. 16, 2003]."

Pub. L. 108–183, title II, §212(c), Dec. 16, 2003, 117 Stat. 2658, provided that: "The amendments made by this section [amending this section and section 2402 of this title] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [Dec. 16, 2003]."

Effective Date of 2001 Amendment

Pub. L. 107–14, §8(a)(1), June 5, 2001, 115 Stat. 34, provided that the amendment made by section 8(a)(1) is effective Nov. 1, 2000.

Effective Date of 2000 Amendments

Pub. L. 106–419, title III, §331(c), Nov. 1, 2000, 114 Stat. 1856, provided that: "The amendments made by this section [amending this section and section 2402 of this title] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [Nov. 1, 2000]."

Pub. L. 106–419, title III, §332(b), Nov. 1, 2000, 114 Stat. 1856, provided that: "No benefits shall accrue to any person for any period before the date of the enactment of this Act [Nov. 1, 2000] by reason of the amendments made by subsection (a) [amending this section]."

Pub. L. 106–377, §1(a)(1) [title V, §501(a)(2)], Oct. 27, 2000, 114 Stat. 1441, 1441A–57, provided that: "The amendments made by paragraph (1) [amending this section] shall take effect on the date of the enactment of this Act [Oct. 27, 2000] and shall apply to benefits paid for months beginning on or after that date."

Effective Date of 1994 Amendment

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

Effective Date of 1966 Amendment

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

Effective Date of 1961 Amendment

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

Payments to Eligible Persons Who Served in the United States Armed Forces in the Far East During World War II

Pub. L. 111–5, div. A, title X, §1002, Feb. 17, 2009, 123 Stat. 200, provided that:

"(a) Findings.—Congress makes the following findings:

"(1) The Philippine islands became a United States possession in 1898 when they were ceded from Spain following the Spanish-American War.

"(2) During World War II, Filipinos served in a variety of units, some of which came under the direct control of the United States Armed Forces.

"(3) The regular Philippine Scouts, the new Philippine Scouts, the Guerrilla Services, and more than 100,000 members of the Philippine Commonwealth Army were called into the service of the United States Armed Forces of the Far East on July 26, 1941, by an executive order of President Franklin D. Roosevelt.

"(4) Even after hostilities had ceased, wartime service of the new Philippine Scouts continued as a matter of law until the end of 1946, and the force gradually disbanded and was disestablished in 1950.

"(5) Filipino veterans who were granted benefits prior to the enactment of the so-called Rescissions Acts of 1946 (Public Laws 79–301 [60 Stat. 6] and 79–391 [60 Stat. 221]) currently receive full benefits under laws administered by the Secretary of Veterans Affairs, but under section 107 of title 38, United States Code, the service of certain other Filipino veterans is deemed not to be active service for purposes of such laws.

"(6) These other Filipino veterans only receive certain benefits under title 38, United States Code, and, depending on where they legally reside, are paid such benefit amounts at reduced rates.

"(7) The benefits such veterans receive include service-connected compensation benefits paid under chapter 11 of title 38, United States Code, dependency indemnity compensation survivor benefits paid under chapter 13 of title 38, United States Code, and burial benefits under chapters 23 and 24 of title 38, United States Code, and such benefits are paid to beneficiaries at the rate of $0.50 per dollar authorized, unless they lawfully reside in the United States.

"(8) Dependents' educational assistance under chapter 35 of title 38, United States Code, is also payable for the dependents of such veterans at the rate of $0.50 per dollar authorized, regardless of the veterans' residency.

"(b) Compensation Fund.—

"(1) In General.—There is in the general fund of the Treasury a fund to be known as the 'Filipino Veterans Equity Compensation Fund' (in this section referred to as the 'compensation fund').

"(2) Availability of Funds.—Subject to the availability of appropriations for such purpose, amounts in the fund shall be available to the Secretary of Veterans Affairs without fiscal year limitation to make payments to eligible persons in accordance with this section.

"(c) Payments.—

"(1) In General.—The Secretary may make a payment from the compensation fund to an eligible person who, during the one-year period beginning on the date of the enactment of this Act [Feb. 17, 2009], submits to the Secretary a claim for benefits under this section. The application for the claim shall contain such information and evidence as the Secretary may require.

"(2) Payment to Surviving Spouse.—If an eligible person who has filed a claim for benefits under this section dies before payment is made under this section, the payment under this section shall be made instead to the surviving spouse, if any, of the eligible person.

"(d) Eligible Persons.—An eligible person is any person who—

"(1) served—

"(A) before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States; or

"(B) in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945 (59 Stat. 538 [543])[enacting section 637 of former Title 10, Army and Air Force]; and

"(2) was discharged or released from service described in paragraph (1) under conditions other than dishonorable.

"(e) Payment Amounts.—Each payment under this section shall be—

"(1) in the case of an eligible person who is not a citizen of the United States, in the amount of $9,000; and

"(2) in the case of an eligible person who is a citizen of the United States, in the amount of $15,000.

"(f) Limitation.—The Secretary may not make more than one payment under this section for each eligible person described in subsection (d).

"(g) Clarification of Treatment of Payments Under Certain Laws.—Amounts paid to a person under this section—

"(1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and

"(2) shall not be included in income or resources for purposes of determining—

"(A) eligibility of an individual to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits;

"(B) eligibility of an individual to receive benefits under title VIII of the Social Security Act [42 U.S.C. 1001 et seq.], or the amount of such benefits; or

"(C) eligibility of an individual for, or the amount of benefits under, any other Federal or federally assisted program.

"(h) Release.—

"(1) In General.—Except as provided in paragraph (2), the acceptance by an eligible person or surviving spouse, as applicable, of a payment under this section shall be final, and shall constitute a complete release of any claim against the United States by reason of any service described in subsection (d).

"(2) Payment of Prior Eligibility Status.—Nothing in this section shall prohibit a person from receiving any benefit (including health care, survivor, or burial benefits) which the person would have been eligible to receive based on laws in effect as of the day before the date of the enactment of this Act [Feb. 17, 2009].

"(i) Recognition of Service.—The service of a person as described in subsection (d) is hereby recognized as active military service in the Armed Forces for purposes of, and to the extent provided in, this section.

"(j) Administration.—

"(1) The Secretary shall promptly issue application forms and instructions to ensure the prompt and efficient administration of the provisions of this section.

"(2) The Secretary shall administer the provisions of this section in a manner consistent with applicable provisions of title 38, United States Code, and other provisions of law, and shall apply the definitions in section 101 of such title in the administration of such provisions, except to the extent otherwise provided in this section.

"(k) Reports.—The Secretary shall include, in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year, detailed information on the operation of the compensation fund, including the number of applicants, the number of eligible persons receiving benefits, the amounts paid out of the compensation fund, and the administration of the compensation fund for the most recent fiscal year for which such data is available.

"(l) Authorization of Appropriation.—There is authorized to be appropriated to the compensation fund $198,000,000, to remain available until expended, to make payments under this section."

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

Pub. L. 89–641, §1, Oct. 11, 1966, 80 Stat. 884, provided for refund of erroneously deducted insurance premiums to Philippine armed forces members in service of the United States Armed Forces, such refund to be made upon receipt of an application within two years after Oct. 11, 1966. In event of death of such member, refund was to be made only to widow or widower, children or parents of such member, in that order, with no refunds to heirs or legal representatives.
38 U.S.C. § 3120 (2024) — Title 38: VETERANS' BENEFITS / Chapter 31 / Section 3120: Program of independent living services and assistance
Program of independent living services and assistance
Status: in_force

(a) The Secretary may, under contracts with entities described in subsection (f) of this section, or through facilities of the Veterans Health Administration, which possess a demonstrated capability to conduct programs of independent living services for severely handicapped persons, provide, under regulations which the Secretary shall prescribe, programs of independent living services and assistance under this chapter, in various geographic regions of the United States, to veterans described in subsection (b) of this section.

(b) A program of independent living services and assistance may be made available under this section only to a veteran who has a serious employment handicap resulting in substantial part from a service-connected disability described in section 3102(1)(A)(i) of this title and with respect to whom it is determined under section 3106(d) or (e) of this title that the achievement of a vocational goal currently is not reasonably feasible.

(c) The Secretary shall, to the maximum extent feasible, include among those veterans who are provided with programs of independent living services and assistance under this section substantial numbers of veterans described in subsection (b) of this section who are receiving long-term care in Department of Veterans Affairs hospitals and nursing homes and in nursing homes with which the Secretary contracts for the provision of care to veterans.

(d) A program of independent living services and assistance for a veteran shall consist of such services described in section 3104(a) of this title as the Secretary determines necessary to enable such veteran to achieve maximum independence in daily living. Such veteran shall have the same rights with respect to an individualized written plan of services and assistance as are afforded veterans under section 3107 of this title.

(e)(1) Programs of independent living services and assistance shall be initiated for no more than 2,700 veterans in each fiscal year, and the first priority in the provision of such programs shall be afforded to veterans for whom the reasonable feasibility of achieving a vocational goal is precluded solely as a result of a service-connected disability.

(2) The limitation in paragraph (1) shall not apply in any case in which the Secretary determines that a veteran described in subsection (b) has been displaced as the result of, or has otherwise been adversely affected in the areas covered by, a natural or other disaster, as determined by the Secretary.

(f) Entities described in this subsection are (1) public or nonprofit agencies or organizations, and (2) for-profit entities in cases in which the Secretary determines that services comparable in effectiveness to services available from such an entity are not available, or cannot be obtained cost-effectively from, public or nonprofit agencies or through facilities of the Veterans Health Administration.

(Added Pub. L. 96–466, title I, §101(a), Oct. 17, 1980, 94 Stat. 2185, §1520; amended Pub. L. 99–576, title III, §333(a), (b)(6), (c), Oct. 28, 1986, 100 Stat. 3279; Pub. L. 100–689, title II, §202(b), Nov. 18, 1988, 102 Stat. 4176; Pub. L. 101–237, title IV, §§404, 423(b)(1), Dec. 18, 1989, 103 Stat. 2080, 2092; renumbered §3120 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title XII, §1201(b)(1), (d)(11), Nov. 2, 1994, 108 Stat. 4682, 4684; Pub. L. 104–275, title I, §101(f)(2)(D), (i), Oct. 9, 1996, 110 Stat. 3325; Pub. L. 107–103, title V, §508(a), Dec. 27, 2001, 115 Stat. 997; Pub. L. 110–389, title III, §332, Oct. 10, 2008, 122 Stat. 4170; Pub. L. 111–275, title VIII, §801(a), Oct. 13, 2010, 124 Stat. 2888; Pub. L. 112–154, title VII, §701(c), Aug. 6, 2012, 126 Stat. 1203.)

Editorial Notes

Amendments

2012—Subsec. (e). Pub. L. 112–154 designated existing provisions as par. (1) and added par. (2).

2010—Subsec. (e). Pub. L. 111–275 substituted "2,700" for "2600".

2008—Subsec. (e). Pub. L. 110–389, which directed amendment of subsec. (e) by substituting "2600 veterans" for "2500 veterans", was executed by making the substitution for "2,500 veterans" to reflect the probable intent of Congress.

2001—Subsec. (e). Pub. L. 107–103 substituted "2,500 veterans" for "five hundred veterans".

1996—Subsec. (b). Pub. L. 104–275, §101(i)(1), substituted "serious employment handicap resulting in substantial part from a service-connected disability described in section 3102(1)(A)(i)" for "service-connected disability described in section 3102(1)(A)".

Pub. L. 104–275, §101(f)(2)(D), substituted "3106(d) or (e)" for "3106(d)".

Subsec. (d). Pub. L. 104–275, §101(i)(2), struck out "and (b)" after "section 3104(a)".

1994—Subsec. (a). Pub. L. 103–446, §1201(b)(1), substituted "Veterans Health Administration" for "Department of Medicine and Surgery".

Subsec. (b). Pub. L. 103–446, §1201(d)(11), which directed substitution of "section 3102(1)(A)(i)" for "section 3012(1)(A)", could not be executed because the words "section 3012(1)(A)" did not appear.

Subsec. (f). Pub. L. 103–446, §1201(b)(1), substituted "Veterans Health Administration" for "Department of Medicine and Surgery".

1991—Pub. L. 102–83, §5(a), renumbered section 1520 of this title as this section.

Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "3102(1)(A)" for "1502(1)(A)" and "3106(d)" for "1506(d)".

Subsec. (d). Pub. L. 102–83, §5(c)(1), substituted "3104(a)" for "1504(a)" and "3107" for "1507".

1989—Subsec. (a). Pub. L. 101–237, §423(b)(1)(A), substituted "Secretary" for "Administrator" wherever appearing.

Pub. L. 101–237, §404(2)–(4), redesignated former par. (1) of subsec. (a) as entire subsection, substituted "The" for "During fiscal years 1982 through 1989, the", "subsection (f) of this section" for "paragraph (7) of this subsection" and "subsection (b) of this section" for "paragraph (2) of this subsection", redesignated former pars. (2), (3), (4), (6), and (7) of subsec. (a) as subsecs. (b), (c), (d), (e), and (f) of this section, respectively, and struck out former par. (5) which read as follows: "Any contract for services initiated with respect to any veteran under this section before the end of fiscal year 1989 may be continued in effect after the end of such year for the purposes of providing services and assistance to such veteran in accordance with the provisions of this chapter."

Subsec. (b). Pub. L. 101–237, §404(1), (3), (5), redesignated former subsec. (a)(2) as (b), struck out before period at end "and who is selected pursuant to criteria provided for in regulations prescribed under paragraph (1) of this subsection" and struck out former subsec. (b) which read as follows: "Not later than February 1, 1989, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives statistical data regarding veterans' participation in the program conducted under subsection (a) of this section during fiscal years 1987 and 1988 and any recommendations of the Administrator for administrative or legislative action or both regarding the program."

Subsec. (c). Pub. L. 101–237, §423(b)(1), substituted "Secretary" and "Department of Veterans Affairs" for "Administrator" and "Veterans' Administration", respectively, wherever appearing.

Pub. L. 101–237, §404(3), (6), redesignated former subsec. (a)(3) as (c) and substituted "subsection (b) of this section" for "paragraph (2) of this subsection".

Subsec. (d). Pub. L. 101–237, §423(b)(1)(A), substituted "Secretary" for "Administrator".

Pub. L. 101–237, §404(3), redesignated former subsec. (a)(4) as (d).

Subsec. (e). Pub. L. 101–237, §404(3), (7), redesignated former subsec. (a)(6) as (e) and substituted "in each fiscal year" for "in each of the fiscal years 1982 through 1989".

Subsec. (f). Pub. L. 101–237, §423(b)(1)(A), substituted "Secretary" for "Administrator".

Pub. L. 101–237, §404(3), (8), redesignated former subsec. (a)(7) as (f) and substituted "in this subsection are (1) public or nonprofit agencies or organizations, and (2)" for "in this paragraph are (A) public or nonprofit agencies or organizations, and (B)".

1988—Subsec. (a)(1). Pub. L. 100–689, §202(b)(1), substituted "entities described in paragraph (7) of this subsection" for "public or nonprofit private agencies or organizations".

Subsec. (a)(7). Pub. L. 100–689, §202(b)(2), added par. (7).

1986—Pub. L. 99–576, §333(b)(6), substituted "Program" for "Pilot program" in section catchline.

Subsec. (a)(1). Pub. L. 99–576, §333(a)(1)(A), substituted "1989" for "1985".

Subsec. (a)(2). Pub. L. 99–576, §333(a)(1)(B), inserted "currently" after "goal".

Subsec. (a)(5), (6). Pub. L. 99–576, §333(a)(1)(A), substituted "1989" for "1985".

Subsec. (b). Pub. L. 99–576, §333(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Not later than September 30, 1984, the Administrator shall submit to the Congress a report on the programs of independent living services and assistance provided for in subsection (a) of this section. Such report shall include—

"(1) the results of a study which the Administrator shall conduct of the accomplishments and cost-effectiveness of such programs, including the extent to which (A) such programs have met needs for comprehensive independent living services that would not otherwise have been met, (B) severely disabled veterans have achieved and maintained greater independence in daily living as a result of participation in the programs, and (C) costs of care in hospital, nursing home, and domiciliary facilities have been and may be avoided as the result of such programs; and

"(2) the Administrator's recommendations for any legislative changes with respect to the provision of independent living services and assistance to veterans for whom the achievement of a vocational goal is not feasible."

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–154 effective on the date that is one year after Aug. 6, 2012, see section 701(g) of Pub. L. 112–154, set out as an Effective Date note under section 2109 of this title.

Effective Date of 2010 Amendment

Pub. L. 111–275, title VIII, §801(b), Oct. 13, 2010, 124 Stat. 2888, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal years beginning after the date of the enactment of this Act [Oct. 13, 2010]."

Effective Date of 2001 Amendment

Pub. L. 107–103, title V, §508(b), Dec. 27, 2001, 115 Stat. 997, provided that: "The amendment made by subsection (a) [amending this section] shall take effect as of September 30, 2001."

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–275 effective Oct. 9, 1996, with amendment by section 101(i) of Pub. L. 104–275 only applicable with respect to claims of eligibility or entitlement to services and assistance (including claims for extension of such services and assistance) under this chapter received by the Secretary of Veterans Affairs on or after Oct. 9, 1996, including those claims based on original applications, and applications seeking to reopen, revise, reconsider, or otherwise adjudicate or readjudicate on any basis claims for services and assistance under this chapter, see section 101(j) of Pub. L. 104–275, set out as a note under section 3101 of this title.

Effective Date

Section effective Oct. 1, 1980, see section 802(a)(2) of Pub. L. 96–466, set out as a note under section 3100 of this title.
38 U.S.C. § 7102 (2024) — Title 38: VETERANS' BENEFITS / Chapter 71 / Section 7102: Assignment of members of Board
Assignment of members of Board
Status: in_force

(a) A proceeding instituted before the Board may be assigned to an individual member of the Board or to a panel of not less than three members of the Board. A member or panel assigned a proceeding shall make a determination thereon, including any motion filed in connection therewith. The member or panel, as the case may be, shall make a report under section 7104(d) of this title on any such determination, which report shall constitute the final disposition of the proceeding by the member or panel.

(b) A proceeding may not be assigned to the Chairman as an individual member. The Chairman may participate in a proceeding assigned to a panel or in a reconsideration assigned to a panel of members.

(c)(1) The Secretary shall ensure that there is offered to each member of the Board an annual training on military sexual trauma and proceedings that concern a claim for compensation based on military sexual trauma experienced by a veteran.

(2) A proceeding that concerns a claim specified in paragraph (1) may not be assigned to an individual member of the Board or to a panel of members unless the individual member, or each member of the panel, as the case may be, has completed the annual training most recently offered to that member pursuant to such paragraph.

(3) In this subsection, the term "military sexual trauma" has the meaning given that term in section 1166(c) of this title.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1241, §4002; Pub. L. 98–223, title II, §208(c), (d), Mar. 2, 1984, 98 Stat. 44; renumbered §7102 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(a)(3), (4), Aug. 6, 1991, 105 Stat. 404; Pub. L. 103–271, §6(a), July 1, 1994, 108 Stat. 741; Pub. L. 117–300, §1(a), Dec. 27, 2022, 136 Stat. 4379.)

Editorial Notes

Amendments

2022—Subsec. (c). Pub. L. 117–300 added subsec. (c).

1994—Pub. L. 103–271 amended section generally, substituting present provisions for provisions authorizing Chairman to divide Board into sections of three members and to assign proceedings thereto, and provisions relating to assignment where section is composed of fewer than three members, limiting annual period of service, prohibiting more than one member to be a temporary or acting member, and relating to hearing docket and report of determination.

1991—Pub. L. 102–40, §402(b)(1), renumbered section 4002 of this title as this section.

Subsec. (a)(2)(A)(ii). Pub. L. 102–83 substituted "Department" for "Veterans' Administration".

Subsec. (a)(3). Pub. L. 102–40, §402(d)(1), substituted "7101(c)" for "4001(c)".

1984—Subsec. (a)(1). Pub. L. 98–223, §208(d)(1), designated provision authorizing the Chairman from time to time to divide the Board into sections of three members, assign members to the Board thereto, and designated the chief thereof, as par. (1).

Subsec. (a)(2). Pub. L. 98–223, §208(d)(2), designated provision relating to authority of the Chairman in the case where a section is composed of fewer than three members as a result of absence, vacancy, or inability of a member to serve as subpar. (A), and in subpar. (A) as so designated, inserted provision authorizing the Chairman to designate an employee of the Veterans' Administration to serve as an acting member of the Board on such section for a period of not to exceed 90 days, and added subpar. (B).

Subsec. (a)(3). Pub. L. 98–223, §208(d)(2), added par. (3).

Subsec. (b). Pub. L. 98–223, §208(d)(3), designated provision relating to the maintenance of a hearing docket and the holding of formal recorded hearings upon which a final determination will be made as subsec. (b).

Pub. L. 98–223, §208(c), struck out "associate" before "member" in two places.

Subsec. (c). Pub. L. 98–223, §208(d)(4), designated provision relating to the section making a determination on any proceeding or motion in connection therewith assigned to the section by the Board and making a report on such determination, which report constitutes its final disposition of the proceeding, as subsec. (c).

Statutory Notes and Related Subsidiaries

First Training

Pub. L. 117–300, §1(b), Dec. 27, 2022, 136 Stat. 4379, provided that: "The Secretary of Veterans Affairs shall ensure that each member of the Board of Veterans' Appeals is offered the first annual training under section 7102(c) of title 38, United States Code, as amended by subsection (a), by not later than 180 days after the date of the enactment of this Act [Dec. 27, 2022]."

Applicability of Limitation Under Subsection (c)(2)

Pub. L. 117–300, §1(c), Dec. 27, 2022, 136 Stat. 4379, provided that: "The limitation under section 7102(c)(2) of title 38, United States Code, as added by subsection (a), shall apply with respect to the assignment of proceedings on or after the date that is 180 days after the date of the enactment of this Act [Dec. 27, 2022]."
38 U.S.C. § 3313 (2024) — Title 38: VETERANS' BENEFITS / Chapter 33 / Subchapter II / Section 3313: Educational assistance: amount; payment
Educational assistance: amount; payment
Status: in_force

(a) Payment.—The Secretary shall pay to each individual entitled to educational assistance under this chapter who is pursuing an approved program of education (other than a program covered by subsections (e) and (f)) the amounts specified in subsection (c) to meet the expenses of such individual's subsistence, tuition, fees, and other educational costs for pursuit of such program of education.

(b) Approved Programs of Education.—A program of education is an approved program of education for purposes of this chapter if the program of education is approved for purposes of chapter 30 (including approval by the State approving agency concerned).

(c) Programs of Education Leading to a Degree Pursued at Institutions of Higher Learning on More Than Half-time Basis.—The amounts payable under this subsection for pursuit of an approved program of education leading to a degree at an institution of higher learning (as that term is defined in section 3452(f)) are amounts as follows:

(1) In the case of an individual entitled to educational assistance under this chapter by reason of paragraph (1), (2), (8), (9), (10), or (11) of section 3311(b), amounts as follows:

(A) An amount equal to the following:

(i) In the case of a program of education pursued at a public institution of higher learning, the actual net cost for in-State tuition and fees assessed by the institution for the program of education after the application of—

(I) any waiver of, or reduction in, tuition and fees; and

(II) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b))) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees.

(ii) In the case of a program of education pursued at a non-public or foreign institution of higher learning, the lesser of—

(I) the actual net cost for tuition and fees assessed by the institution for the program of education after the application of—

(aa) any waiver of, or reduction in, tuition and fees; and

(bb) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; or

(II) the amount equal to—

(aa) for the academic year beginning on August 1, 2011, $17,500; or

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

(B) A monthly stipend in an amount as follows:

(i) Except as provided in clauses (ii) and (iii), for each month an individual pursues a program of education on more than a half-time basis, a monthly housing stipend equal to the product of—

(I) the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the campus of the institution of higher learning where the individual physically participates in a majority of classes, multiplied by

(II) the lesser of—

(aa) 1.0; or

(bb) the number of course hours borne by the individual in pursuit of the program of education, divided by the minimum number of course hours required for full-time pursuit of the program of education, rounded to the nearest multiple of 10.

(ii) In the case of an individual pursuing a program of education at a foreign institution of higher learning on more than a half-time basis, for each month the individual pursues the program of education, a monthly housing stipend equal to the product of—

(I) the national average of the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5, multiplied by

(II) the lesser of—

(aa) 1.0; or

(bb) the number of course hours borne by the individual in pursuit of the program of education, divided by the minimum number of course hours required for full-time pursuit of the program of education, rounded to the nearest multiple of 10.

(iii) In the case of an individual pursuing a program of education solely through distance learning on more than a half-time basis, a monthly housing stipend equal to 50 percent of the amount payable under clause (ii) if the individual were otherwise entitled to a monthly housing stipend under that clause for pursuit of the program of education.

(iv) For the first month of each quarter, semester, or term, as applicable, of the program of education pursued by the individual, a lump sum amount for books, supplies, equipment, and other educational costs with respect to such quarter, semester, or term in the amount equal to—

(I) $1,000, multiplied by

(II) the fraction which is the portion of a complete academic year under the program of education that such quarter, semester, or term constitutes.

(2) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(3), amounts equal to 90 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph.

(3) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(4), amounts equal to 80 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph.

(4) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(5), amounts equal to 70 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph.

(5) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(6), amounts equal to 60 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph.

(6) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(7),1 amounts equal to 50 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph.

(d) Frequency of Payment.—

(1) Quarter, semester, or term payments.—Payment of the amounts payable under subsection (c)(1)(A), and of similar amounts payable under paragraphs (2) through (6) of subsection (c), for pursuit of a program of education shall be made for the entire quarter, semester, or term, as applicable, of the program of education.

(2) Monthly payments.—Payment of the amount payable under subsection (c)(1)(B), and of similar amounts payable under paragraphs (2) through (6) of subsection (c), for pursuit of a program of education shall be made on a monthly basis.

(3) Regulations.—The Secretary shall prescribe in regulations methods for determining the number of months (including fractions thereof) of entitlement of an individual to educational assistance under this chapter that are chargeable under this chapter for an advance payment of amounts under paragraphs (1) and (2) for pursuit of a program of education on a quarter, semester, term, or other basis.

(e) Programs of Education Leading to a Degree Pursued on Active Duty for a Period of More Than 30 Days on More Than Half-time Basis.—

(1) In general.—Educational assistance is payable under this chapter for pursuit of an approved program of education leading to a degree while on active duty for a period of more than 30 days.

(2) Amount of assistance.—The amounts of educational assistance payable under this chapter to an individual pursuing a program of education leading to a degree while on active duty for a period of more than 30 days are as follows:

(A) Subject to subparagraph (C), an amount equal to the lesser of—

(i) in the case of a program of education pursued at a public institution of higher learning, the actual net cost for in-State tuition and fees assessed by the institution for the program of education after the application of—

(I) any waiver of, or reduction in, tuition and fees; and

(II) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b))) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees;

(ii) in the case of a program of education pursued at a non-public or foreign institution of higher learning, the lesser of—

(I) the actual net cost for tuition and fees assessed by the institution for the program of education after the application of—

(aa) any waiver of, or reduction in, tuition and fees; and

(bb) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; or

(II) the amount equal to—

(aa) for the academic year beginning on August 1, 2011, $17,500; or

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

(iii) the amount of the charges of the educational institution as elected by the individual in the manner specified in section 3014(b)(1).

(B) Subject to subparagraph (C), for the first month of each quarter, semester, or term, as applicable, of the program of education pursued by the individual, a lump sum amount for books, supplies, equipment, and other educational costs with respect to such quarter, semester, or term in the amount equal to—

(i) $1,000, multiplied by

(ii) the fraction of a complete academic year under the program of education that such quarter, semester, or term constitutes.

(C) In the case of an individual entitled to educational assistance by reason of paragraphs (3) through (7) of section 3311(b), the amounts payable to the individual pursuant to subparagraphs (A)(i), (A)(ii), and (B) shall be the amounts otherwise determined pursuant to such subparagraphs multiplied by the same percentage applicable to the monthly amounts payable to the individual under paragraphs (2) through (6) of subsection (c).

(3) Quarter, semester, or term payments.—Payment of the amount payable under paragraph (2) for pursuit of a program of education shall be made for the entire quarter, semester, or term, as applicable, of the program of education.

(4) Monthly payments.—For each month (as determined pursuant to the methods prescribed under subsection (d)(3)) for which amounts are paid an individual under this subsection, the entitlement of the individual to educational assistance under this chapter shall be charged at the rate of one month for each such month.

(f) Programs of Education Pursued on Half-Time Basis or Less.—

(1) In general.—Educational assistance is payable under this chapter for pursuit of an approved program of education on half-time basis or less whether a program of education pursued on active duty, a program of education leading to a degree, or a program of education other than a program of education leading to a degree.

(2) Amount of assistance.—The educational assistance payable under this chapter to an individual pursuing a program of education covered by this subsection on half-time basis or less is the amounts as follows:

(A) The amount equal to the lesser of—

(i) the actual net cost for in-State tuition and fees assessed by the institution of higher learning for the program of education after the application of—

(I) any waiver of, or reduction in, tuition and fees; and

(II) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b))) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; or

(ii) the maximum amount that would be payable to the individual for the program of education under paragraph (1)(A) of subsection (c), or under the provisions of paragraphs (2) through (6) of subsection (c) applicable to the individual, for the program of education if the individual were entitled to amounts for the program of education under subsection (c) rather than this subsection.

(B) A stipend in an amount equal to the amount of the appropriately reduced amount of the lump sum amount for books, supplies, equipment, and other educational costs otherwise payable to the individual under subsection (c).

(3) Quarter, term, or semester payments.—Payment of the amounts payable to an individual under paragraph (2) for pursuit of a program of education on half-time basis or less shall be made for the entire quarter, semester, or term, as applicable, of the program of education.

(4) Monthly payments.—For each month (as determined pursuant to the methods prescribed under subsection (d)(3)) for which amounts are paid an individual under this subsection, the entitlement of the individual to educational assistance under this chapter shall be charged at a percentage of a month equal to—

(A) the number of course hours borne by the individual in pursuit of the program of education involved, divided by

(B) the number of course hours for full-time pursuit of such program of education.

(g) Programs of Education Other Than Programs of Education Leading to a Degree.—

(1) In general.—Educational assistance is payable under this chapter for pursuit of an approved program of education other than a program of education leading to a degree at an institution other than an institution of higher learning (as that term is defined in section 3452(f)).

(2) Pursuit on half-time basis or less.—The payment of educational assistance under this chapter for pursuit of a program of education otherwise described in paragraph (1) on a half-time basis or less is governed by subsection (f).

(3) Amount of assistance.—The amounts of educational assistance payable under this chapter to an individual entitled to educational assistance under this chapter who is pursuing an approved program of education covered by this subsection are as follows:

(A) In the case of an individual enrolled in a program of education (other than a program described in subparagraphs (B) through (D)) in pursuit of a certificate or other non-college degree, the following:

(i) Subject to clause (iv), an amount equal to the lesser of—

(I) the actual net cost for in-State tuition and fees assessed by the institution concerned for the program of education after the application of—

(aa) any waiver of, or reduction in, tuition and fees; and

(bb) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b))) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; or

(II) the amount equal to—

(aa) for the academic year beginning on August 1, 2011, $17,500; or

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

(ii) Except in the case of an individual pursuing a program of education on a half-time or less basis and subject to clause (iv), a monthly housing stipend equal to the product—

(I) of—

(aa) in the case of an individual pursuing resident training, the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the campus of the institution of where the individual physically participates in a majority of classes; or

(bb) in the case of an individual pursuing a program of education through distance learning, a monthly amount equal to 50 percent of the amount payable under item (aa), multiplied by

(II) the lesser of—

(aa) 1.0; or

(bb) the number of course hours borne by the individual in pursuit of the program of education involved, divided by the minimum number of course hours required for full-time pursuit of such program of education, rounded to the nearest multiple of 10.

(iii) Subject to clause (iv), a monthly stipend in an amount equal to $83 for each month (or pro rata amount for a partial month) of training pursued for books, supplies, equipment, and other educational costs.

(iv) In the case of an individual entitled to educational assistance by reason of paragraphs (3) through (7) of section 3311(b), the amounts payable pursuant to clauses (i), (ii), and (iii) shall be the amounts otherwise determined pursuant to such clauses multiplied by the same percentage applicable to the monthly amounts payable to the individual under paragraphs (2) through (6) of subsection (c).

(B) In the case of an individual pursuing a full-time program of apprenticeship or other on-job training, amounts as follows:

(i) Subject to clauses (iii) and (iv), for each month the individual pursues the program of education, a monthly housing stipend equal to—

(I) during the first six-month period of the program, the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the employer at which the individual pursues such program;

(II) during the second six-month period of the program, 80 percent of the monthly amount of the basic allowance for housing payable as described in subclause (I);

(III) during the third six-month period of the program, 60 percent of the monthly amount of the basic allowance for housing payable as described in subclause (I);

(IV) during the fourth six-month period of such program, 40 percent of the monthly amount of the basic allowance for housing payable as described in subclause (I); and

(V) during any month after the first 24 months of such program, 20 percent of the monthly amount of the basic allowance for housing payable as described in subclause (I).

(ii) Subject to clauses (iii) and (iv), a monthly stipend in an amount equal to $83 for each month (or pro rata amount for each partial month) of training pursued for books, supplies, equipment, and other educational costs.

(iii) In the case of an individual entitled to educational assistance by reason of paragraphs (3) through (7) of sections 2 3311(b), the amounts payable pursuant to clauses (i) and (ii) shall be the amounts otherwise determined pursuant to such clauses multiplied by the same percentage applicable to the monthly amounts payable to the individual under paragraphs (2) through (6) of subsection (c).

(iv) In any month in which an individual pursuing a program of education consisting of a program of apprenticeship or other on-job training fails to complete 120 hours of training, the amount of monthly educational assistance allowance payable under clauses (i) and (iii) to the individual shall be limited to the same proportion of the applicable rate determined under this subparagraph as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours.

(C) In the case of an individual enrolled in a program of education consisting of flight training (regardless of the institution providing such program of education), an amount equal to—

(i) the lesser of—

(I) the actual net cost for in-State tuition and fees assessed by the institution concerned for the program of education after the application of—

(aa) any waiver of, or reduction in, tuition and fees; and

(bb) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; or

(II) the amount equal to—

(aa) for the academic year beginning on August 1, 2011, $10,000; or

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

(ii) either—

(I) in the case of an individual entitled to educational assistance by reason of paragraphs (1), (2), or (8) of section 3311(b), 100 percent; or

(II) in the case of an individual entitled to educational assistance by reason of paragraphs (3) through (7) of section 3311(b), the same percentage as would otherwise apply to the monthly amounts payable to the individual under paragraphs (2) through (6) of subsection (c).

(D) In the case of an individual enrolled in a program of education that is pursued exclusively by correspondence (regardless of the institution providing such program of education), an amount equal to—

(i) the lesser of—

(I) the actual net cost for tuition and fees assessed by the institution concerned for the program of education after the application of—

(aa) any waiver of, or reduction in, tuition and fees; and

(bb) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees.

(II) the amount equal to—

(aa) for the academic year beginning on August 1, 2011, $8,500; or

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

(ii) either—

(I) in the case of an individual entitled to educational assistance by reason of paragraphs (1), (2), or (8) of section 3311(b), 100 percent; or

(II) in the case of an individual entitled to educational assistance by reason of paragraphs (3) through (7) of section 3311(b), the same percentage as would otherwise apply to the monthly amounts payable to the individual under paragraphs (2) through (6) of subsection (c).

(4) Frequency of payment.—

(A) Quarter, semester, or term payments.—Payment of the amounts payable under paragraph (3)(A)(i) for pursuit of a program of education shall be made for the entire quarter, semester, or term, as applicable, of the program of education.

(B) Monthly payments.—Payment of the amounts payable under paragraphs (3)(A)(ii) and (3)(B)(i) for pursuit of a program of education shall be made on a monthly basis.

(C) Lump sum payments.—

(i) Payment for the amount payable under paragraphs (3)(A)(iii) and (3)(B)(ii) shall be paid to the individual for the first month of each quarter, semester, or term, as applicable, of the program education pursued by the individual.

(ii) Payment of the amount payable under paragraph (3)(C) for pursuit of a program of education shall be made upon receipt of certification for training completed by the individual and serviced by the training facility.

(D) Quarterly payments.—Payment of the amounts payable under paragraph (3)(D) for pursuit of a program of education shall be made quarterly on a pro rata basis for the lessons completed by the individual and serviced by the institution.

(5) Charge against entitlement for certificate and other non-college degree programs.—

(A) In general.—In the case of amounts paid under paragraph (3)(A)(i) for pursuit of a program of education, the charge against entitlement to educational assistance under this chapter of the individual for whom such payment is made shall be one month for each of—

(i) the amount so paid, divided by

(ii) subject to subparagraph (B), the amount equal to one-twelfth of the amount applicable in the academic year in which the payment is made under paragraph (3)(A)(i)(II).

(B) Pro rata adjustment based on certain eligibility.—If the amount otherwise payable with respect to an individual under paragraph (3)(A)(i) is subject to a percentage adjustment under paragraph (3)(A)(iv), the amount applicable with respect to the individual under subparagraph (A)(ii) shall be the amount otherwise determined pursuant to such subparagraph subject to a percentage adjustment equal to the percentage adjustment applicable with respect to the individual under paragraph (3)(A)(iv).

(h) Payment of Established Charges to Educational Institutions.—Amounts payable under subsections (c)(1)(A) (and of similar amounts payable under paragraphs (2) through (6) of subsection (c)), (e)(2), and (f)(2)(A), and under subparagraphs (A)(i), (C), and (D) of subsection (g)(3), shall be paid directly to the educational institution concerned.

(i) Determination of Housing Stipend Payments for Academic Years.—Any monthly housing stipend payable under this section during the academic year beginning on August 1 of a calendar year shall be determined utilizing rates for basic allowances for housing payable under section 403 of title 37 in effect as of January 1 of such calendar year.

(j) Determination of Monthly Housing Stipends During Active Duty Service.—For any month during which an individual who is entitled to a monthly housing stipend under this section is performing active duty service, the Secretary shall determine the amount of such stipend payable to such individual for such month on a pro rata basis for the period of such month during which the individual is not performing active duty service.

(k) Provision of Housing Stipend Payment Information.—

(1) In general.—The Secretary shall furnish to individuals receiving educational assistance under this chapter documentation that verifies the amount of the monthly housing stipend the individual receives under this section.

(2) Manner.—The Secretary shall make such documentation available to the individual using an internet website in the same manner the Secretary provides documentation verifying compensation and other benefits furnished by the Secretary to individuals.

(l) Verification of Enrollment.—

(1) In general.—Except as provided in paragraph (4), the Secretary shall require—

(A) each educational institution to submit to the Secretary verification of each individual who is enrolled in a course or program of education at the educational institution and is receiving educational assistance under this chapter—

(i) not later than such time as the Secretary determines reasonable after the date on which the individual is enrolled; and

(ii) not later than such time as the Secretary determines reasonable after the last date on which a student is able to withdraw from the course or program of education without penalty; and

(B) each individual who is enrolled in a course or program of education and is receiving educational assistance under this chapter to submit to the Secretary verification of such enrollment for each month during which the individual is so enrolled and receiving such educational assistance.

(2) Form of verification.—Verification under this subsection shall be in an electronic form prescribed by the Secretary.

(3) Failure to submit verification.—If an individual fails to submit the verification required under paragraph (1)(B) for two consecutive months, the Secretary may not make a monthly housing stipend payment to the individual under this section until the individual submits such verification.

(4) Exception.—An educational institution is not required to submit verification of an individual under paragraph (1)(A) if—

(A) the individual is enrolled in a course or program of education offered by the educational institution on at least a full-time basis before the date on which the individual is able to withdraw from the course or program of education without penalty;

(B) the educational institution charges the same amount of tuition and fees for students who are enrolled on a full-time basis and students who are enrolled on a more-than-full-time basis; and

(C) the individual remains enrolled in the course or program of education after the date on which the individual is able to withdraw from the course or program of education without penalty.

(Added Pub. L. 110–252, title V, §5003(a)(1), June 30, 2008, 122 Stat. 2363; amended Pub. L. 111–32, title X, §1002(b), June 24, 2009, 123 Stat. 1889; Pub. L. 111–275, title X, §1001(g)(1)–(3), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 111–377, title I, §§102(a), (b), 103(a), (b), 104(a), (b), 105(a)–(c), 106(a), 112(a), Jan. 4, 2011, 124 Stat. 4108–4110, 4112–4117, 4121; Pub. L. 114–58, title VI, §601(16)–(18), Sept. 30, 2015, 129 Stat. 539; Pub. L. 115–48, title I, §§102(b), 105(b), (c)(2), 107(a), 113(a), Aug. 16, 2017, 131 Stat. 975, 977, 985; Pub. L. 115–62, title V, §501(b)(1), (c)(1), Sept. 29, 2017, 131 Stat. 1165, 1166; Pub. L. 115–407, title I, §102, Dec. 31, 2018, 132 Stat. 5369; Pub. L. 116–61, §6(3), Sept. 30, 2019, 133 Stat. 1117; Pub. L. 116–315, title I, §§1002(b)(2), 1009(a), 1010(a), Jan. 5, 2021, 134 Stat. 4938, 4941; Pub. L. 117–16, §7(a)(2), June 8, 2021, 135 Stat. 284; Pub. L. 117–76, §3(a), Dec. 21, 2021, 135 Stat. 1517; Pub. L. 117–333, §13, Jan. 5, 2023, 136 Stat. 6134.)

Editorial Notes

References in Text

Section 401(b) of the Higher Education Act of 1965, referred to in subsecs. (c)(1)(A)(i)(II), (ii)(I)(bb), (e)(2)(A)(i)(II), (ii)(I)(bb), (f)(2)(A)(i)(II), and (g)(3)(A)(i)(I)(bb), (C)(i)(I)(bb), (D)(i)(I)(bb), is classified to section 1070a(b) of Title 20, Education.

Subsection (b)(7) of section 3311 of this title, referred to in subsec. (c)(6), was repealed and subsection (b)(8) was redesignated (b)(7) by Pub. L. 115–48, title I, §105(a)(2), (3), Aug. 16, 2017, 131 Stat. 975.

Amendments

2023—Subsec. (l)(1). Pub. L. 117–333, §13(1), substituted "Except as provided in paragraph (4), the Secretary" for "The Secretary" in introductory provisions.

Subsec. (l)(4). Pub. L. 117–333, §13(2), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: "The Secretary may waive the requirements of this subsection for an educational institution that the Secretary has determined uses a flat tuition and fee structure that would make the use of a second verification under this subsection unnecessary."

2021—Subsec. (c)(1). Pub. L. 116–315, §1002(b)(2), substituted "(8), (9), (10), or (11)" for "(8), or (9)".

Subsec. (e). Pub. L. 116–315, §1009(a)(1), inserted "for a Period of More Than 30 Days" after "Active Duty" in heading.

Subsec. (e)(1), (2). Pub. L. 116–315, §1009(a)(2), (3), inserted "for a period of more than 30 days" after "active duty".

Subsec. (l). Pub. L. 117–16 amended subsec. (l) generally. Prior to amendment, subsec. (l) related to verification of enrollment of individuals receiving educational assistance.

Pub. L. 116–315, §1010(a), added subsec. (l).

Subsec. (l)(4). Pub. L. 117–76 added par. (4).

2019—Subsec. (g)(3)(B)(ii). Pub. L. 116–61 inserted comma after "for books".

2018—Subsec. (k). Pub. L. 115–407 added subsec. (k).

2017—Subsec. (c)(1). Pub. L. 115–48, §105(c)(2)(A), substituted "(8), or (9)" for "(9), or (10)".

Pub. L. 115–48, §102(b), substituted "(9), or (10)" for "or (9)".

Subsec. (c)(1)(B)(i)(I). Pub. L. 115–48, §107(a), substituted "the campus of the institution of higher learning where the individual physically participates in a majority of classes" for "the institution of higher learning at which the individual is enrolled".

Subsec. (c)(7). Pub. L. 115–48, §105(b), struck out par. (7) which read as follows: "In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(8), amounts equal to 40 percent of the amounts that would be payable to the individual under paragraph (1) for the program of education if the individual were entitled to amounts for the program of education under paragraph (1) rather than this paragraph."

Subsec. (d)(1), (2). Pub. L. 115–48, §105(c)(2)(B), substituted "paragraphs (2) through (6)" for "paragraphs (2) through (7)".

Subsec. (e)(2)(C). Pub. L. 115–48, §105(c)(2)(C), substituted "paragraphs (3) through (7)" for "paragraphs (3) through (8)" and "paragraphs (2) through (6)" for "paragraphs (2) through (7)".

Subsec. (f)(2)(A)(ii). Pub. L. 115–48, §105(c)(2)(D), substituted "paragraphs (2) through (6)" for "paragraphs (2) through (7)".

Subsec. (g)(3)(A)(ii)(I)(aa). Pub. L. 115–62, §501(b)(1), substituted "the campus of the institution of where the individual physically participates in a majority of classes" for "the institution at which the individual is enrolled".

Subsec. (g)(3)(A)(iv), (B)(iii). Pub. L. 115–48, §105(c)(2)(E)(i), (ii), substituted "paragraphs (3) through (7)" for "paragraphs (3) through (8)" and "paragraphs (2) through (6)" for "paragraphs (2) through (7)".

Subsec. (g)(3)(C)(ii). Pub. L. 115–48, §105(c)(2)(E)(iii), in subcl. (I), substituted "(8)" for "(9)" and in subcl. (II), substituted "paragraphs (3) through (7)" for "paragraphs (3) through (8)" and "paragraphs (2) through (6)" for "paragraphs (2) through (7)".

Subsec. (g)(3)(D)(ii). Pub. L. 115–48, §105(c)(2)(E)(iv), in subcl. (I), substituted "(8)" for "(9)" and in subcl. (II), substituted "paragraphs (3) through (7)" for "paragraphs (3) through (8)" and "paragraphs (2) through (6)" for "paragraphs (2) through (7)".

Subsec. (h). Pub. L. 115–48, §105(c)(2)(F), substituted "paragraphs (2) through (6)" for "paragraphs (2) through (7)".

Subsec. (j). Pub. L. 115–62, §501(c)(1), amended subsec. (j) generally. Prior to amendment, subsec. (j) related to determination of monthly stipends during certain active duty service.

Pub. L. 115–48, §113(a), added subsec. (j).

2015—Pub. L. 114–58, §601(16), substituted "1070a(b)" for "1070a" wherever appearing.

Subsec. (e)(2)(A)(iii). Pub. L. 114–58, §601(17), struck out second period at end.

Subsec. (g)(3)(A)(iii). Pub. L. 114–58, §601(18), substituted "books," for "books".

2011—Subsec. (b). Pub. L. 111–377, §105(a), struck out "is offered by an institution of higher learning (as that term is defined in section 3452(f)) and" before "is approved".

Subsec. (c). Pub. L. 111–377, §102(a)(2), amended heading generally. Prior to amendment, heading read as follows: "Amount of Educational Assistance".

Pub. L. 111–377, §102(a)(1)(A), inserted "leading to a degree at an institution of higher learning (as that term is defined in section 3452(f))" after "program of education" in introductory provisions.

Subsec. (c)(1). Pub. L. 111–377, §112(a)(1), which directed amendment identical to amendment by Pub. L. 111–275, §1001(g)(1), could not be executed. See 2010 Amendment note below.

Subsec. (c)(1)(A). Pub. L. 111–377, §102(a)(1)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: "An amount equal to the established charges for the program of education, except that the amount payable under this subparagraph may not exceed the maximum amount of established charges regularly charged in-State students for full-time pursuit of approved programs of education for undergraduates by the public institution of higher learning offering approved programs of education for undergraduates in the State in which the individual is enrolled that has the highest rate of regularly-charged established charges for such programs of education among all public institutions of higher learning in such State offering such programs of education."

Subsec. (c)(1)(B). Pub. L. 111–377, §102(b), redesignated cl. (ii) as (iv), added cls. (i) to (iii), and struck out former cl. (i) which read as follows: "For each month the individual pursues the program of education (other than, in the case of assistance under this section only, a program of education offered through distance learning), a monthly housing stipend amount equal to the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the institution of higher learning at which the individual is enrolled."

Subsec. (e). Pub. L. 111–377, §103(b), amended heading generally. Prior to amendment, heading read as follows: "Programs of Education Pursued on Active Duty".

Subsec. (e)(1). Pub. L. 111–377, §103(a)(1), inserted "leading to a degree" after "approved program of education".

Subsec. (e)(2). Pub. L. 111–377, §103(a)(2)(A), (C), substituted "The amounts" for "The amount", inserted "leading to a degree" after "program of education", and substituted "are as follows:" for "is the lesser of—" in introductory provisions.

Subsec. (e)(2)(A). Pub. L. 111–377, §103(a)(2)(C)(ii), inserted subpar. (A) designation and introductory provisions. Former subpar. (A) redesignated (A)(i).

Subsec. (e)(2)(A)(i). Pub. L. 111–377, §103(a)(2)(D), added cl. (i) and struck out former cl. (i) which read as follows: "the established charges which similarly circumstanced nonveterans enrolled in the program of education involved would be required to pay; or".

Pub. L. 111–377, §103(a)(2)(B), redesignated subpar. (A) as cl. (i) of subpar. (A).

Subsec. (e)(2)(A)(ii). Pub. L. 111–377, §103(a)(2)(D), added cl. (ii).

Subsec. (e)(2)(A)(iii). Pub. L. 111–377, §112(a)(2), inserted period at end.

Pub. L. 111–377, §103(a)(2)(B), redesignated subpar. (B) of par. (2) as cl. (iii) of subpar. (A).

Subsec. (e)(2)(B), (C). Pub. L. 111–377, §103(a)(2)(E), added subpars. (B) and (C). Former subpar. (B) redesignated (A)(iii).

Subsec. (f)(1). Pub. L. 111–377, §104(a)(1), inserted "whether a program of education pursued on active duty, a program of education leading to a degree, or a program of education other than a program of education leading to a degree" before period at end.

Subsec. (f)(2). Pub. L. 111–377, §104(a)(2), inserted "covered by this subsection" after "program of education" in introductory provisions.

Subsec. (f)(2)(A)(i). Pub. L. 111–377, §104(b), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: "the established charges which similarly circumstanced nonveterans enrolled in the program of education involved would be required to pay; or".

Subsec. (g). Pub. L. 111–377, §105(b)(3), added subsec. (g). Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 111–377, §105(c), inserted ", and under subparagraphs (A)(i), (C), and (D) of subsection (g)(3)," after "(f)(2)(A)".

Pub. L. 111–377, §105(b)(1), (2), redesignated subsec. (g) as (h) and struck out former subsec. (h) which defined "established charges" for purposes of this section and provided the basis of determination of established charges.

Subsec. (i). Pub. L. 111–377, §106(a), added subsec. (i).

2010—Subsec. (c)(1). Pub. L. 111–275, §1001(g)(1), substituted "higher learning" for "higher education" wherever appearing.

Subsec. (d)(3). Pub. L. 111–275, §1001(g)(2), substituted "assistance under this chapter" for "assistance this chapter".

Subsec. (e)(2)(B). Pub. L. 111–275, §1001(g)(3), inserted period at end.

2009—Subsec. (c)(1). Pub. L. 111–32 substituted "paragraph (1), (2), or (9) of section 3311(b)" for "section 3311(b)(1) or 3311(b)(2)".

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 1002(b)(2) of Pub. L. 116–315 effective immediately after the amendments made by section 105 of Pub. L. 115–48 [amendments effective Aug. 1, 2020] and applicable with respect to a quarter, semester, or term, commencing on or after Aug. 1, 2021, see section 1002(c) of Pub. L. 116–315, set out as a note under section 3311 of this title.

Pub. L. 116–315, title I, §1009(b), Jan. 5, 2021, 134 Stat. 4941, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on August 1, 2022."

Pub. L. 116–315, title I, §1010(b), Jan. 5, 2021, 134 Stat. 4941, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on August 1, 2021."

Effective Date of 2017 Amendment

Pub. L. 115–62, title V, §501(b)(2), Sept. 29, 2017, 131 Stat. 1165, provided that: "The amendment made by paragraph (1) [amending this section] shall apply with respect to enrollment for a quarter, semester, or term, as applicable, commencing on or after August 1, 2018."

Pub. L. 115–62, title V, §501(c)(2), Sept. 29, 2017, 131 Stat. 1166, provided that: "Such subsection [meaning subsec. (j) of this section], as amended by paragraph (1), shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2018."

Amendment by section 102(b) of Pub. L. 115–48 effective Aug. 1, 2018, see section 102(c) of Pub. L. 115–48, set out as a note under section 3311 of this title.

Amendment by section 105(b), (c)(2) 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.

Pub. L. 115–48, title I, §107(b), Aug. 16, 2017, 131 Stat. 977, as amended by Pub. L. 115–62, title V, §501(b)(3), Sept. 29, 2017, 131 Stat. 1166, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to enrollment for a quarter, semester, or term, as applicable, commencing on or after August 1, 2018."

Pub. L. 115–48, title I, §113(b), Aug. 16, 2017, 131 Stat. 985, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2018."

Effective Date of 2011 Amendment

Pub. L. 111–377, title I, §102(c), Jan. 4, 2011, 124 Stat. 4110, provided that:

"(1) In general.—Except as provided in paragraph (2), the amendments made by this section [amending this section] shall take effect on August 1, 2011, and shall apply with respect to amounts payable for educational assistance for pursuit of programs of education on or after that date.

"(2) Stipend for distance learning on more than half-time basis.—Clause (iii) of section 3313(c)(1)(B) of title 38, United States Code (as added by subsection (b)(2) of this section), shall take effect on October 1, 2011, and shall apply with respect to amounts payable for educational assistance for pursuit of programs of education as covered by such clause on or after that date."

Pub. L. 111–377, title I, §103(c), Jan. 4, 2011, 124 Stat. 4112, provided that:

"(1) In general.—Except as provided in paragraph (2), the amendments made by this section [amending this section] shall take effect on the date that is 60 days after the date of the enactment of this Act [Jan. 4, 2011], and shall apply with respect to amounts payable for educational assistance for pursuit of programs of education on or after such effective date.

"(2) Lump sum for books and other educational costs.—Subparagraph (B) of section 3313(e)(2) of title 38, United States Code (as added by subsection (a)(2)(E) of this section), shall take effect on October 1, 2011, and shall apply with respect to amounts payable for educational assistance for pursuit of programs of education on or after that date."

Pub. L. 111–377, title I, §104(c), Jan. 4, 2011, 124 Stat. 4112, provided that: "The amendments made by this section [amending this section] shall take effect on August 1, 2011, and shall apply with respect to amounts payable for educational assistance for pursuit of programs of education on or after that date."

Pub. L. 111–377, title I, §105(d), Jan. 4, 2011, 124 Stat. 4117, provided that: "The amendments made by this section [amending this section] shall take effect on October 1, 2011, and shall apply with respect to amounts payable for educational assistance for pursuit of programs of education on or after that date."

Pub. L. 111–377, title I, §106(b), Jan. 4, 2011, 124 Stat. 4118, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on August 1, 2011."

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.

Duration of Assistance

Pub. L. 115–48, title I, §106(d), Aug. 16, 2017, 131 Stat. 977, provided that: "Notwithstanding section 3312 of title 38, United States Code, an individual who establishes eligibility for educational assistance under chapter 33 of such title by crediting towards such chapter service previously credited towards chapter 1607 of title 10, United States Code, is only entitled to a number of months of educational assistance under section 3313 of title 38, United States Code, equal to the number of months of entitlement remaining under chapter 1607 of title 10, United States Code, at the time of conversion to chapter 33 of title 38, United States Code."

Preservation of Higher Rates for Tuition and Fees for Programs of Education at Non-Public Institutions of Higher Learning Pursued by Individuals Enrolled in Such Programs Prior to Change in Maximum Amount

Pub. L. 112–26, §2, Aug. 3, 2011, 125 Stat. 268, provided that:

"(a) In General.—Notwithstanding paragraph (1)(A)(ii) of section 3313(c) of title 38, United States Code (as amended by the Post-9/11 Veterans Educational Assistance Improvements Act of 2010 (Public Law 111–377)), the amount payable under that paragraph (or as appropriately adjusted under paragraphs (2) through (7) of that section) for tuition and fees for pursuit by an individual described in subsection (b) of an approved program of education at a non-public institution of higher learning during the period beginning on August 1, 2011, and ending on July 31, 2014, shall be the greater of—

"(1) $17,500; or

"(2) the established charges payable for the program of education determined using the table of the Department of Veterans Affairs entitled 'Post-9/11 GI Bill 2010–2011 Tuition and Fee In-State Maximums', published October 27, 2010 (75 Fed. Reg. 66193), as if that table applied to the pursuit of the program of education by that individual during that period.

"(b) Covered Individuals.—An individual described in this subsection is an individual entitled to educational assistance under chapter 33 of title 38, United States Code, who, since January 4, 2011, has been enrolled in the same non-public institution of higher learning in a State in which—

"(1) the maximum amount of tuition per credit in the 2010–2011 academic year, as determined pursuant to the table referred to in subsection (a)(2), exceeded $700; and

"(2) the combined amount of tuition and fees for full-time attendance in the program of education in such academic year exceeded $17,500.

"(c) Definitions.—In this section:

"(1) The term 'approved program of education' has the meaning given that term in section 3313(b) of title 38, United States Code.

"(2) The term 'established charges', with respect to a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary of Veterans Affairs on the basis of a full academic year) for tuition and fees which similarly circumstanced nonveterans enrolled in the program of education would be required to pay.

"(3) The term 'institution of higher learning' has the meaning given that term in section 3452(f) of title 38, United States Code."

1 See References in Text note below.

2 So in original. Probably should be "section".
38 U.S.C. § 7601 (2024) — Title 38: VETERANS' BENEFITS / Chapter 76 / Subchapter I / Section 7601: Establishment of program; purpose
Establishment of program; purpose
Status: in_force

(a) There is hereby established a program to be known as the Department of Veterans Affairs Health Professionals Educational Assistance Program (hereinafter in this chapter referred to as the "Educational Assistance Program"). The program consists of—

(1) the scholarship program provided for in subchapter II of this chapter;

(2) the tuition reimbursement program provided for in subchapter III of this chapter;

(3) the Selected Reserve member stipend program provided for under subchapter V of this chapter;

(4) the employee incentive scholarship program provided for in subchapter VI of this chapter;

(5) the education debt reduction program provided for in subchapter VII of this chapter;

(6) the specialty education loan repayment program provided for in subchapter VIII of this chapter; and

(7) the readjustment counseling service scholarship program provided for in subchapter IX of this chapter.

(b) The purpose of the Educational Assistance Program is to assist in providing an adequate supply of trained health-care personnel for the Department and the Nation.

(Added Pub. L. 100–322, title II, §216(b), May 20, 1988, 102 Stat. 518, §4301; amended Pub. L. 101–366, title II, §205(c)(1), Aug. 15, 1990, 104 Stat. 441; renumbered §7601, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §4(a)(2)(B)(vi), (3), (4), Aug. 6, 1991, 105 Stat. 403, 404; Pub. L. 103–446, title XII, §1201(e)(25), Nov. 2, 1994, 108 Stat. 4686; Pub. L. 105–368, title VIII, §805(1), Nov. 11, 1998, 112 Stat. 3358; Pub. L. 115–182, title III, §303(b)(1)(A), June 6, 2018, 132 Stat. 1466; Pub. L. 116–171, title V, §502(b)(1)(A), Oct. 17, 2020, 134 Stat. 817.)

Editorial Notes

Amendments

2020—Subsec. (a)(7). Pub. L. 116–171 added par. (7).

2018—Subsec. (a)(6). Pub. L. 115–182 added par. (6).

1998—Subsec. (a)(4), (5). Pub. L. 105–368 added pars. (4) and (5).

1994—Subsec. (a)(1). Pub. L. 103–446 substituted semicolon for comma at end.

1991—Pub. L. 102–40 renumbered section 4301 of this title as this section.

Subsec. (a). Pub. L. 102–83, §4(a)(2)(B)(vi), substituted "Department of Veterans Affairs" for "Veterans' Administration" in introductory provisions.

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

1990—Subsec. (a)(3). Pub. L. 101–366 added par. (3).

Statutory Notes and Related Subsidiaries

Veterans Healing Veterans Medical Access and Scholarship Program

Pub. L. 115–182, title III, §304, June 6, 2018, 132 Stat. 1467, as amended by Pub. L. 115–251, title II, §211(b)(7), Sept. 29, 2018, 132 Stat. 3177, provided that:

"(a) Establishment.—The Secretary of Veterans Affairs, acting through the Office of Academic Affiliations of the Department of Veterans Affairs, shall carry out a pilot program under which the Secretary shall provide funding for the medical education of a total of 18 eligible veterans. Such funding shall be provided for two veterans enrolled in each covered medical school in accordance with this section.

"(b) Eligible Veterans.—To be eligible to receive funding for medical education under this section, a veteran shall—

"(1) have been discharged from the Armed Forces not more than 10 years before the date of application for admission to a covered medical school;

"(2) not be concurrently receiving educational assistance under chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code, or chapter 1606 or 1607 of title 10, United States Code;

"(3) apply for admission to a covered medical school for the entering class of 2020;

"(4) indicate on such application for admission that the veteran would like to be considered for an award of funding under this section;

"(5) meet the minimum admissions criteria for the covered medical school to which the veteran applies; and

"(6) enter into an agreement described in subsection (d).

"(c) Award of Funding.—

"(1) In general.—Each covered medical school that opts to participate in the program under this section shall reserve two seats in the entering class of 2020 for eligible veterans who receive funding under such program. Such funding shall be awarded to the two eligible veterans with the highest admissions rankings for such class at such school.

"(2) Amount of funding.—Each eligible veteran who receives funding under this section shall receive an amount equal to the actual cost of—

"(A) tuition at the covered medical school at which the veteran enrolls for 4 years;

"(B) books, fees, and technical equipment;

"(C) fees associated with the National Residency Match Program;

"(D) two away rotations performed during the fourth year at a Department of Veterans Affairs medical facility; and

"(E) a monthly stipend for the 4-year period during which the veteran is enrolled in medical school in an amount to be determined by the Secretary.

"(3) Distribution of funding.—In the event that two or more eligible veterans do not apply for admission at one of the covered medical schools for the entering class of 2020, the Secretary shall distribute the available funding to eligible veterans who applied for admission at other covered medical schools.

"(d) Agreement.—

"(1) Terms of agreement.—Each eligible veteran who accepts funding for medical education under this section shall enter into an agreement with the Secretary that provides that the veteran agrees—

"(A) to maintain enrollment and attendance in the medical school;

"(B) while enrolled in such medical school, to maintain an acceptable level of academic standing (as determined by the medical school under regulations prescribed by the Secretary);

"(C) to complete post-graduate training leading to eligibility for board certification in a speciality applicable to the Department of Veterans Affairs, as determined by the Secretary;

"(D) after completion of medical school, to obtain a license to practice medicine in a State; and

"(E) after completion of medical school and post-graduate training, to serve as a full-time clinical practice employee in the Veterans Health Administration for a period of 4 years.

"(2) Breach of agreement.—If an eligible veteran who accepts funding under this section breaches the terms of the agreement described in paragraph (1), the United States shall be entitled to recover damages in an amount equal to the total amount of such funding received by the veteran.

"(e) Rule of Construction.—Nothing in this section shall be construed to prevent any covered medical school from accepting more than two eligible veterans for the entering class of 2020.

"(f) Report to Congress.—Not later than December 31, 2021, and annually thereafter for the subsequent 3 years, the Secretary shall submit to Congress a report on the pilot program under this section. Such report shall include the evaluation of the Secretary of the success of the pilot program, including the number of veterans who received funding under the program who matriculated and an evaluation of the academic progress of such veterans.

"(g) Covered Medical Schools.—In this section, the term 'covered medical school' means any of the following:

"(1) The Teague-Cranston medical schools, consisting of—

"(A) Texas A&M College of Medicine;

"(B) Quillen College of Medicine at East Tennessee State University;

"(C) Boonshoft School of Medicine at Wright State University;

"(D) Joan C. Edwards School of Medicine at Marshall University; and

"(E) University of South Carolina School of Medicine.

"(2) Charles R Drew University of Medicine and Science.

"(3) Howard University College of Medicine.

"(4) Meharry Medical College.

"(5) Morehouse School of Medicine."

Physician Assistant Education and Training Pilot Program for Former Members of the Armed Forces

Pub. L. 115–141, div. J, title II, §246, Mar. 23, 2018, 132 Stat. 823, provided that:

"(a) Pilot Program.—The Secretary of Veterans Affairs shall carry out a pilot program to provide educational assistance to certain former members of the Armed Forces for education and training as physician assistants of the Department of Veterans Affairs.

"(b) Eligible Individuals.—An individual is eligible to participate in the pilot program if the individual—

"(1) has medical or military health experience gained while serving as a member of the Armed Forces;

"(2) has received a certificate, associate degree, baccalaureate degree, master's degree, or postbaccalaureate training in a science relating to health care; or

"(3) has participated in the delivery of healthcare services or related medical services, including participation in military training relating to the identification, evaluation, treatment, and prevention of diseases and disorders.

"(c) Duration.—The pilot program shall be carried out during the 5-year period beginning on the date that is 180 days after the date of the enactment of this Act [Mar. 23, 2018].

"(d) Selection.—

"(1) The Secretary shall select eligible individuals under subsection (b) to participate in the pilot program.

"(2) In selecting individuals to participate in the pilot program under paragraph (1), the Secretary shall give priority to individuals who agree to be employed as a physician assistant for the Veterans Health Administration at a medical facility of the Department located in a community that—

"(A) is designated as a medically underserved population under section 330(b)(3)(A) of the Public Health Service Act (42 U.S.C. 254b(b)(3)(A)); and

"(B) is in a State with a per capita population of veterans of more than 5 percent according to the National Center for Veterans Analysis and Statistics and the United States Census Bureau.

"(e) Educational Assistance.—In carrying out the pilot program, the Secretary shall provide educational assistance to individuals participating in the pilot program, including through the use of scholarships, to cover the costs to such individuals of obtaining a master's degree in physician assistant studies or a similar master's degree.

"(f) Period of Obligated Service.—The Secretary shall enter into an agreement with each individual participating in the pilot program in which such individual agrees to be employed as a physician assistant for the Veterans Health Administration for a period of obligated service to be determined by the Secretary.

"(g) Breach.—An individual who participates in the pilot program and fails to satisfy the period of obligated service under subsection (f) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid or is payable to or on behalf of the individual under the pilot program, reduced by the proportion that the number of days served for completion of the period of obligated service bears to the total number of days in the period of obligated service of such individual.

"(h) Report.—Not later than one year after the date of the enactment of this Act [Mar. 23, 2018], the Secretary of Veterans Affairs, in collaboration with the Secretary of Labor, the Secretary of Defense, and the Secretary of Health and Human Services, shall submit to Congress a report on the pilot program's effectiveness of helping to meet the shortage of physician assistants employed by the Department."

Payments to Health-Care Professional Employees for Tuition Loans

Pub. L. 102–585, title V, §523(b), Nov. 4, 1992, 106 Stat. 4959, provided that Secretary of Veterans Affairs could not provide payments to health-care professional employees of Department of Veterans Affairs for payment of tuition loans, prior to repeal by Pub. L. 105–368, title VIII, §804, Nov. 11, 1998, 112 Stat. 3358.

Tuition Loan Payment Program

Pub. L. 102–389, title I, Oct. 6, 1992, 106 Stat. 1574, provided in part for an appropriation: "For payment of outstanding tuition loans to Department of Veterans Affairs health care professional employees (excluding physicians and dentists) who agree to remain in service for one year or more, $5,000,000, to remain available until September 30, 1994: Provided, That the Secretary, in order to recruit and retain such employees, may make such payments, not to exceed $3,000 during any calendar year, or $12,000 in total, to any such employee who has an outstanding tuition loan from an educational institution approved by the Secretary that has led to a degree in the health care occupation in which such individual is employed: Provided further, That no payment shall be made in advance: Provided further, That regulations shall be promulgated by the Secretary to implement this program."
38 U.S.C. § 3034 (2024) — Title 38: VETERANS' BENEFITS / Chapter 30 / Subchapter IV / Section 3034: Program administration
Program administration
Status: in_force

(a)(1) Except as otherwise provided in this chapter, the provisions of sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of this title and the provisions of subchapters I and II of chapter 36 of this title (with the exception of sections 3680(c), 3680(f), 3686(a), and 3687) shall be applicable to the provision of educational assistance under this chapter.

(2) The term "eligible veteran", as used in the provisions of the sections enumerated in paragraph (1) of this subsection, shall be deemed to include an individual who is eligible for educational assistance under this chapter.

(3) The Secretary may, without regard to the application to this chapter of so much of the provisions of section 3471 of this title as prohibit the enrollment of an eligible veteran in a program of education in which the veteran is "already qualified", and pursuant to such regulations as the Secretary shall prescribe, approve the enrollment of such individual in refresher courses (including courses which will permit such individual to update knowledge and skills or be instructed in the technological advances which have occurred in the individual's field of employment during and since the period of such veteran's active military service), deficiency courses, or other preparatory or special education or training courses necessary to enable the individual to pursue an approved program of education.

(b) Regulations prescribed by the Secretary of Defense under this chapter shall be uniform for the Armed Forces under the jurisdiction of the Secretary of a military department.

(c) Payment of educational assistance allowance in the case of an eligible individual pursuing a program of education under this chapter on less than a half-time basis shall be made in a lump-sum amount for the entire quarter, semester, or term not later than the last day of the month immediately following the month in which certification is received from the educational institution that such individual has enrolled in and is pursuing a program at such institution. Such lump-sum payment shall be computed at the rate determined under section 3032(b) of this title.

(d) The Secretary may approve the pursuit of flight training (in addition to a course of flight training that may be approved under section 3680A(b) of this title) by an individual entitled to basic educational assistance under this chapter if—

(1) such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation;

(2) the individual possesses a valid private pilot certificate and meets, on the day the individual begins a course of flight training, the medical requirements necessary for a commercial pilot certificate; and

(3) the flight school courses are approved by the Federal Aviation Administration and are offered by a certified pilot school that possesses a valid Federal Aviation Administration pilot school certificate.

(e)(1) In the case of a member of the Armed Forces who participates in basic educational assistance under this chapter, the Secretary shall furnish the information described in paragraph (2) to each such member. The Secretary shall furnish such information as soon as practicable after the basic pay of the member has been reduced by $1,200 in accordance with section 3011(b) or 3012(c) of this title and at such additional times as the Secretary determines appropriate.

(2) The information referred to in paragraph (1) is information with respect to the benefits, limitations, procedures, eligibility requirements (including time-in-service requirements), and other important aspects of the basic educational assistance program under this chapter, including application forms for such basic educational assistance under section 5102 of this title.

(3) The Secretary shall furnish the forms described in paragraph (2) and other educational materials to educational institutions, training establishments, and military education personnel, as the Secretary determines appropriate.

(4) The Secretary shall use amounts appropriated for readjustment benefits to carry out this subsection and section 5102 of this title with respect to application forms under that section for basic educational assistance under this chapter.

(Added Pub. L. 98–525, title VII, §702(a)(1), Oct. 19, 1984, 98 Stat. 2562, §1434; amended Pub. L. 99–576, title III, §§301(c), 302, 305, 308(a), Oct. 28, 1986, 100 Stat. 3268–3270; Pub. L. 100–689, title I, §§106(a), 111(a)(7)(B), Nov. 18, 1988, 102 Stat. 4166, 4172; Pub. L. 101–237, title IV, §§415(b), 422(a)(1), 423(a)(5)(A), (6), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2086, 2088, 2091, 2092; Pub. L. 102–16, §2(b)(2), Mar. 22, 1991, 105 Stat. 49; renumbered §3034 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title III, §313(a)(4), Oct. 29, 1992, 106 Stat. 4332; Pub. L. 103–446, title VI, §601(a), Nov. 2, 1994, 108 Stat. 4670; Pub. L. 105–368, title II, §§204(a), 206(a), Nov. 11, 1998, 112 Stat. 3327; Pub. L. 111–377, title II, §203(a)(2)(A), Jan. 4, 2011, 124 Stat. 4125.)

Editorial Notes

Amendments

2011—Subsec. (d)(3). Pub. L. 111–377 amended par. (3) generally. Prior to amendment, par. (3) read as follows: "the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the Federal Aviation Administration and the State approving agency."

1998—Subsec. (d)(2). Pub. L. 105–368, §204(a), substituted "pilot certificate" for "pilot's license" in two places and inserted ", on the day the individual begins a course of flight training," after "meets".

Subsec. (e). Pub. L. 105–368, §206(a), added subsec. (e).

1994—Subsec. (d). Pub. L. 103–446 struck out "(1)" before "The Secretary may approve", redesignated subpars. (A) to (C) as pars. (1) to (3), respectively, and struck out former par. (2) which read as follows: "This subsection shall not apply to a course of flight training that commences on or after October 1, 1994."

1992—Subsec. (a)(1). Pub. L. 102–568, §313(a)(4)(A), struck out "3473," after "3471,".

Subsec. (d)(1). Pub. L. 102–568, §313(a)(4)(B), substituted "3680A(b)" for "3473(b)" in introductory provisions.

1991—Pub. L. 102–83, §5(a), renumbered section 1434 of this title as this section.

Subsec. (a)(1). Pub. L. 102–83, §5(c)(1), substituted "3470, 3471, 3473, 3474, 3476, 3482(g), 3483, and 3485" for "1670, 1671, 1673, 1674, 1676, 1682(g), 1683, and 1685" and "3680(c), 3680(f), 3686(a), and 3687" for "1780(c), 1780(f), 1786(a), and 1787".

Pub. L. 102–16 struck out "1663," before "1670,".

Subsec. (a)(3). Pub. L. 102–83, §5(c)(1), substituted "3471" for "1671".

Subsec. (c). Pub. L. 102–83, §5(c)(1), substituted "3032(b)" for "1432(b)".

Subsec. (d)(1). Pub. L. 102–83, §5(c)(1), substituted "3473(b)" for "1673(b)" in introductory provisions.

1989—Subsec. (a)(1). Pub. L. 101–237, §423(a)(6)(A), inserted "1780(f)," after "1780(c),".

Pub. L. 101–237, §415(b)(1), struck out "1780(g)," after "1780(c),".

Subsec. (a)(3). Pub. L. 101–237, §423(b)(1)(A), substituted "Secretary" for "Administrator" wherever appearing.

Pub. L. 101–237, §423(a)(5)(A), substituted "employment during and since the period of such veteran's active military service)" for "employment)".

Subsec. (b). Pub. L. 101–237, §415(b)(2), (3), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: "The Administrator may, pursuant to regulations which the Administrator shall prescribe, determine and define enrollment in, pursuit of, and attendance at, any program of education by an individual enrolled in or pursuing a program of education under this chapter for any period for which the individual receives educational assistance under this chapter. Subject to such reports and proof as the Administrator may require to show an individual's enrollment in and satisfactory pursuit of such individual's program, the Administrator may withhold payment of benefits to such individual until the required proof is received and the amount of the payment is appropriately adjusted."

Subsec. (c). Pub. L. 101–237, §423(a)(6)(B), added subsec. (c).

Pub. L. 101–237, §415(b)(3), redesignated subsec. (c) as (b).

Subsec. (d). Pub. L. 101–237, §422(a)(1), added subsec. (d).

1988—Subsec. (a)(1). Pub. L. 100–689, §§106(a)(1), 111(a)(7)(B)(i), designated existing first sentence as par. (1) and inserted "1786(a)," after "1780(g),".

Subsec. (a)(2). Pub. L. 100–689, §106(a)(2), (3), designated existing second sentence, defining "eligible veteran", as par. (2) and substituted "the provisions of the sections enumerated in paragraph (1) of this subsection" for "those provisions".

Subsec. (a)(3). Pub. L. 100–689, §106(a)(4), added par. (3).

Subsecs. (c), (d). Pub. L. 100–689, §111(a)(7)(B)(ii), (iii), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: "When an eligible individual is pursuing a program of education under this chapter by correspondence, the individual's entitlement under this chapter shall be charged at the rate of one month's entitlement for each month of benefits paid to the individual."

1986—Subsec. (a). Pub. L. 99–576, §§301(c), 308(a), substituted "1683, and 1685" for "and 1683" and "(with the exception of sections 1780(c), 1780(g), and 1787)" for "(with the exception of sections 1777, 1780(a)(5), 1780(b), 1786, 1787, and 1792 of such chapter)".

Subsec. (b). Pub. L. 99–576, §305, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "An educational assistance allowance for any period may not be paid to an individual enrolled in or pursuing a program of education under this chapter until the Administrator has received—

"(1) from such individual a certification as to such individual's actual attendance during such period; and

"(2) from the educational institution a certification, or an endorsement of the individual's certificate, that such individual was enrolled in and pursuing a program of education during such period."

Subsecs. (c), (d). Pub. L. 99–576, §302, added subsec. (c) and redesignated former subsec. (c) as (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 111–377, title II, §203(e), Jan. 4, 2011, 124 Stat. 4126, provided that: "The amendments made by this section [amending this section and sections 3671 to 3673, 3675, 3679, and 3689 of this title] shall take effect on August 1, 2011."

Effective Date of 1998 Amendment

Amendment by section 204(a) of Pub. L. 105–368 applicable with respect to courses of flight training beginning on or after Oct. 1, 1998, see section 204(c) of Pub. L. 105–368, set out as a note under section 16136 of Title 10, Armed Forces.

Pub. L. 105–368, title II, §206(b), Nov. 11, 1998, 112 Stat. 3328, provided that: "The amendment made by this section [amending this section] shall take effect 180 days after the date of the enactment of this Act [Nov. 11, 1998]."

Effective Date of 1994 Amendment

Pub. L. 103–446, title VI, §601(d), Nov. 2, 1994, 108 Stat. 4671, provided that: "The amendments made by this section [amending this section, section 3241 of this title, and section 16136 of Title 10, Armed Forces] shall take effect as of October 1, 1994."

Effective Date of 1989 Amendment

Amendment by section 422(a)(1) of Pub. L. 101–237 effective Sept. 30, 1990, see section 422(d) of Pub. L. 101–237, set out as a note under section 16131 of Title 10, Armed Forces.

Effective Date of 1988 Amendment

Pub. L. 100–689, title I, §106(d), Nov. 18, 1988, 102 Stat. 4167, provided that: "The amendments made by this section [amending this section and sections 1641 and 1733 [now 3241 and 3533] of this title] shall take effect on August 15, 1989."

Savings Provision

Amendment by Pub. L. 102–586 not applicable to any person receiving educational assistance for pursuit of an independent study program in which the person was enrolled on Oct. 29, 1992, for as long as such person is continuously thereafter so enrolled and meets requirements of eligibility for such assistance, see section 313(b) of Pub. L. 102–568, set out as a note under section 16136 of Title 10, Armed Forces.

Ratification

Pub. L. 101–366, title II, §206(b), Aug. 15, 1990, 104 Stat. 442, provided that: "Any use by the Department of Veterans Affairs, during the period beginning on July 2, 1990, and ending on the date of the enactment of this Act [Aug. 15, 1990], of any category of information provided by the Department of Defense or the Department of Transportation for making determinations described in section 413(b) of the Veterans' Benefits Amendments of 1989 (Public Law 101–237) [set out below] is hereby ratified."

Continued Use of Categories of Information Used Prior to December 18, 1989

Pub. L. 101–237, title IV, §413(b), Dec. 18, 1989, 103 Stat. 2085, provided that: "Through July 1, 1990, no provision of law shall preclude the Department of Veterans Affairs, in making determinations of the active-duty or Selected Reserve status, or the character of service, of individuals receiving benefits under chapter 30 or 32 of title 38, United States Code, or chapter 106 of title 10, United States Code, from continuing to use any category of information provided by the Department of Defense or Department of Transportation that the Department of Veterans Affairs was using prior to the date of the enactment of this Act [Dec. 18, 1989], if the Secretary of Veterans Affairs determines that the information has proven to be sufficiently reliable in making such determinations."

Evaluation of Providing Assistance for Flight Training

Pub. L. 101–237, title IV, §422(c), Dec. 18, 1989, 103 Stat. 2090, provided that:

"(1)(A) The Secretary of Veterans Affairs shall conduct an evaluation of paying educational assistance for flight training under chapter 30 of title 38, United States Code, and chapter 106 of title 10, United States Code.

"(B) The evaluation required by subparagraph (A) shall be designed to determine the effectiveness of the provision of educational assistance referred to in such subparagraph in preparing the recipients of such assistance for recognized vocational objectives in the field of aviation.

"(2) Not later than January 31, 1994, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the evaluation required by paragraph (1). Such report shall include—

"(A) information, separately as to payments made under chapter 30 of title 38, United States Code, and payments made under chapter 106 of title 10, United States Code, regarding—

"(i) the number of recipients paid educational assistance allowances for flight training;

"(ii) the amount of such assistance;

"(iii) the amount paid by the recipients for such training;

"(iv) the vocational objectives of the recipients; and

"(v) the extent to which the training (I) assists the recipients in achieving employment in the field of aviation, or (II) was used only or primarily for recreational or avocational purposes; and

"(B) any recommendations for legislation that the Secretary considers appropriate to include in the report."
38 U.S.C. § 312 (2024) — Title 38: VETERANS' BENEFITS / Chapter 3 / Section 312: Inspector General
Inspector General
Status: in_force

(a) There is in the Department an Inspector General, who is appointed by the President, by and with the advice and consent of the Senate, as provided in chapter 4 of title 5. The Inspector General performs the functions, has the responsibilities, and exercises the powers specified in that Act.1

(b)(1) The Secretary shall provide for not less than 40 full-time positions in the Office of Inspector General in addition to the number of such positions in that office on March 15, 1989.

(2) The President shall include in the budget transmitted to the Congress for each fiscal year pursuant to section 1105 of title 31 an estimate of the amount for the Office of Inspector General that is sufficient to provide for a number of full-time positions in that office that is not less than the number of full-time positions in that office on March 15, 1989, plus 40.

(c)(1) Whenever the Inspector General, in carrying out the duties and responsibilities established under chapter 4 of title 5, issues a work product the Inspector General shall—

(A) submit the work product to—

(i) the Secretary;

(ii) the Committee on Veterans' Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate;

(iii) the Committee on Veterans' Affairs, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives;

(iv) if the work product was initiated upon request by an individual or entity other than the Inspector General, that individual or entity; and

(v) any Member of Congress upon request; and

(B) the Inspector General shall submit all final work products to—

(i) if the work product was initiated upon request by an individual or entity other than the Inspector General, that individual or entity; and

(ii) any Member of Congress upon request; and

(C) not later than 3 days after the work product is submitted in final form to the Secretary, post the work product on the Internet website of the Inspector General.

(2) Nothing in this subsection shall be construed to authorize the public disclosure of information that is specifically prohibited from disclosure by any other provision of law.

(d)(1)(A) In addition to the authority otherwise provided by the Inspector General Act of 1978 (5 U.S.C. App.) 1 and in accordance with the requirements of this subsection, the Inspector General, in carrying out the provisions of this section, may require by subpoena the attendance and testimony of witnesses as necessary in the performance of the functions assigned to the Inspector General by the Inspector General Act of 1978 (5 U.S.C. App.) 1 and this section, which in the case of contumacy or refusal to obey, such subpoena shall be enforceable by order of any appropriate district court of the United States.

(B) The Inspector General may not require by subpoena the attendance and testimony under subparagraph (A) of—

(i) any current Federal employee; or

(ii) any witness as part of any criminal proceeding.

(2) The authority to issue a subpoena under paragraph (1) may not be delegated.

(3)(A) The Inspector General shall notify the Attorney General of the intent to issue a subpoena under paragraph (1).

(B) Not later than 10 days after the date on which the Attorney General is notified pursuant to subparagraph (A), the Attorney General may object in writing to the issuance of the subpoena if the subpoena will interfere with an ongoing investigation and, if the Attorney General makes such an objection, the Inspector General may not issue the subpoena.

(C) If the Attorney General does not object in writing to the issuance of the subpoena during the 10-day period described in subparagraph (B), the Inspector General may issue the subpoena.

(4) Before requiring by subpoena under paragraph (1) the attendance and testimony of a witness, the Inspector General shall, to the degree practicable—

(A) notify the witness of the intent of the Inspector General to issue the subpoena; and

(B) provide the witness an opportunity to attend and testify voluntarily.

(5) Whenever requiring by subpoena under paragraph (1) the attendance and testimony of a witness, the Inspector General shall, to the greatest extent practicable, travel to residence 2 of the witness, the principal place of business of the witness, or other similar location that is in proximity to the residence of the witness.

(6)(A) Along with each semiannual report submitted by the Inspector General pursuant to section 5(b) of the Inspector General Act of 1978 (5 U.S.C. App. 5(b)),1 the Inspector General shall include a report on the exercise of the authority provided by paragraph (1).

(B) Each report submitted under subparagraph (A) shall include, for the most recently completed six-month period, the following:

(i) The number of testimonial subpoenas issued and the number of individuals interviewed pursuant to such subpoenas.

(ii) The number of proposed testimonial subpoenas with respect to which the Attorney General objected under paragraph (3)(B).

(iii) A discussion of any challenges or concerns that the Inspector General has encountered exercising the authority provided by paragraph (1).

(iv) Such other matters as the Inspector General considers appropriate.

(7)(A) The authority provided by paragraph (1)(A) shall terminate on September 30, 2025.

(B) The termination of authority by subparagraph (A) shall not affect the enforceability of a subpoena issued under paragraph (1)(A) before the date of such termination.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 383; amended Pub. L. 103–446, title XII, §1201(e)(3), (g)(1), Nov. 2, 1994, 108 Stat. 4685, 4687; Pub. L. 114–113, div. J, title II, §239, Dec. 18, 2015, 129 Stat. 2700; Pub. L. 114–223, div. A, title II, §244, Sept. 29, 2016, 130 Stat. 884; Pub. L. 117–136, §2(a), June 7, 2022, 136 Stat. 1251; Pub. L. 117–286, §4(b)(60), Dec. 27, 2022, 136 Stat. 4350; Pub. L. 118–83, div. B, title III, §332, Sept. 26, 2024, 138 Stat. 1541.)

Editorial Notes

References in Text

The Inspector General Act of 1978 and that Act, referred to in subsecs. (a) and (d)(1)(A), (6)(A), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 4 (§401 et seq.) of Title 5 by Pub. L. 117–286, §§3(b), 7, Dec. 27, 2022, 136 Stat. 4206, 4361. Section 5(b) of the Act was repealed and restated as section 405(c) of Title 5. For disposition of sections of the Act into chapter 4 of Title 5, see Disposition Table preceding section 101 of Title 5.

Prior Provisions

Prior section 312 was renumbered section 1112 of this title.

Provisions similar to those in this section were contained in section 9(b) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, §3(3).

Amendments

2024—Subsec. (d)(7)(A). Pub. L. 118–83 substituted "September 30, 2025" for "May 31, 2025".

2022—Subsec. (a). Pub. L. 117–286, §4(b)(60)(A), substituted "chapter 4 of title 5." for "the Inspector General Act of 1978 (5 U.S.C. App.)."

Subsec. (c)(1). Pub. L. 117–286, §4(b)(60)(B), substituted "chapter 4 of title 5," for "the Inspector General Act of 1978 (5 U.S.C. App.),".

Subsec. (d). Pub. L. 117–136 added subsec. (d).

2016—Subsec. (c)(1). Pub. L. 114–223, in introductory provisions, struck out "that makes a recommendation or otherwise suggests corrective action," after "work product".

2015—Subsec. (c). Pub. L. 114–113 added subsec. (c).

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

Subsec. (b)(3). Pub. L. 103–446, §1201(g)(1), struck out par. (3) which read as follows: "The Secretary shall provide the number of additional full-time positions in the Office of Inspector General required by paragraph (1) not later than September 30, 1991."

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Effective Date of 2022 Amendment

Pub. L. 117–136, §2(b), June 7, 2022, 136 Stat. 1252, provided that:

"(1) In general.—Subsection (d) of section 312 of title 38, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act [June 7, 2022].

"(2) Semiannual report.—Paragraph (6) of subsection (d) of such section, as so added, shall apply beginning on the date that is seven months after the first day of the first fiscal year beginning after the date of the enactment of this Act."

Department of Veterans Affairs Employee Training Regarding Office of Inspector General

Pub. L. 118–210, title V, §501, Jan. 2, 2025, 138 Stat. 2797, provided that:

"(a) Training.—The Secretary of Veterans Affairs shall require each employee of the Department of Veterans Affairs who begins employment with the Department on or after the date of the enactment of this Act [Jan. 2, 2025] to receive training that the Inspector General of the Department shall develop on the reporting of wrongdoing to, responding to requests from, and the duty of cooperating with the Office of Inspector General of the Department.

"(b) Timing of Training.—In carrying out subsection (a), the Secretary shall require each employee of the Department covered under such subsection to undergo the training required by such subsection not later than one year after the date on which the employee begins employment with the Department.

"(c) Elements.—Training developed and required under subsection (a) shall include the following:

"(1) Definition of the role, responsibilities, and legal authority of the Inspector General of the Department and the duties of employees of the Department for engaging with the Office of Inspector General.

"(2) Identification of Federal whistleblower protection rights, including the right to report fraud, waste, abuse, and other wrongdoing to Congress.

"(3) Identification of the circumstances and mechanisms for reporting fraud, waste, abuse, and other wrongdoing to the Inspector General, including making confidential complaints to the Inspector General.

"(4) Identification of the prohibitions and remedies that help to protect employees of the Department from retaliation when reporting wrongdoing to the Inspector General.

"(5) Recognition of opportunities to engage with staff of the Office of Inspector General to improve programs, operations, and services of the Department.

"(6) Notification of the authority of the Inspector General to subpoena the attendance and testimony of witnesses, including former employees of the Department, as necessary to carry out the duties of the Office of Inspector General under section 312 of title 38, United States Code.

"(d) Design and Update.—The Inspector General of the Department shall design, and update as the Inspector General considers appropriate, the training developed and required by subsection (a).

"(e) System.—The Secretary shall provide, via the talent management system of the Department, or successor system, the training developed and required under subsection (a).

"(f) Relation to Certain Training.—The Secretary shall ensure that training developed and required under subsection (a) is separate and distinct from training provided under section 733 of title 38, United States Code.

"(g) Notice to Employees.—The Secretary shall ensure that the Inspector General is afforded the opportunity, not less frequently than twice each year and more frequently if the Inspector General considers appropriate under extraordinary circumstances, to use the electronic mail system of the Department to notify all authorized users of such system of the following:

"(1) The roles and responsibilities of the employees of the Department when engaging with the Office of Inspector General.

"(2) The availability of training provided under subsection (a).

"(3) How to access training provided under subsection (a).

"(4) Information about how to contact the Office of Inspector General, including a link to any website-based reporting form of the Office."

1 See References in Text note below.

2 So in original. Probably should be preceded by "the".
38 U.S.C. § 4327 (2024) — Title 38: VETERANS' BENEFITS / Chapter 43 / Subchapter III / Section 4327: Noncompliance of Federal officials with deadlines; inapplicability of statutes of limitations
Noncompliance of Federal officials with deadlines; inapplicability of statutes of limitations
Status: in_force

(a) Effect of Noncompliance of Federal Officials With Deadlines.—(1) The inability of the Secretary, the Attorney General, or the Special Counsel to comply with a deadline applicable to such official under section 4322, 4323, or 4324 of this title—

(A) shall not affect the authority of the Attorney General or the Special Counsel to represent and file an action or submit a complaint on behalf of a person under section 4323 or 4324 of this title;

(B) shall not affect the right of a person—

(i) to commence an action under section 4323 of this title;

(ii) to submit a complaint under section 4324 of this title; or

(iii) to obtain any type of assistance or relief authorized by this chapter;

(C) shall not deprive a Federal court, the Merit Systems Protection Board, or a State court of jurisdiction over an action or complaint filed by the Attorney General, the Special Counsel, or a person under section 4323 or 4324 of this title; and

(D) shall not constitute a defense, including a statute of limitations period, that any employer (including a State, a private employer, or a Federal executive agency) or the Office of Personnel Management may raise in an action filed by the Attorney General, the Special Counsel, or a person under section 4323 or 4324 of this title.

(2) If the Secretary, the Attorney General, or the Special Counsel is unable to meet a deadline applicable to such official in section 4322(f), 4323(a)(1), 4323(a)(2), 4324(a)(1), or 4324(a)(2)(B) of this title, and the person agrees to an extension of time, the Secretary, the Attorney General, or the Special Counsel, as the case may be, shall complete the required action within the additional period of time agreed to by the person.

(b) Inapplicability of Statutes of Limitations.—If any person seeks to file a complaint or claim with the Secretary, the Merit Systems Protection Board, or a Federal or State court under this chapter alleging a violation of this chapter, there shall be no limit on the period for filing the complaint or claim.

(Added Pub. L. 110–389, title III, §311(f)(1), Oct. 10, 2008, 122 Stat. 4163.)
38 U.S.C. § 3695 (2024) — Title 38: VETERANS' BENEFITS / Chapter 36 / Subchapter III / Section 3695: Limitation on period of assistance under two or more programs
Limitation on period of assistance under two or more programs
Status: in_force

(a) The aggregate period for which any person may receive assistance under two or more of the provisions of law listed below may not exceed 48 months (or the part-time equivalent thereof):

(1) Parts VII or VIII, Veterans Regulation numbered 1(a), as amended.

(2) Title II of the Veterans' Readjustment Assistance Act of 1952.

(3) The War Orphans' Educational Assistance Act of 1956.

(4) Chapters 30, 32, 33, 34, and 36.

(5) Chapters 107, 1606, 1607, and 1611 of title 10.

(6) Section 903 of the Department of Defense Authorization Act, 1981 (Public Law 96–342, 10 U.S.C. 2141 note).

(7) The Hostage Relief Act of 1980 (Public Law 96–449, 5 U.S.C. 5561 note).

(8) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99–399).

(b) No person may receive assistance under chapter 31 of this title in combination with assistance under any of the provisions of law cited in subsection (a) of this section in excess of 48 months (or the part-time equivalent thereof) unless the Secretary determines that additional months of benefits under chapter 31 of this title are necessary to accomplish the purposes of a rehabilitation program (as defined in section 3101 of this title) in the individual case.

(c) The aggregate period for which any person may receive assistance under chapter 35 of this title, on the one hand, and any of the provisions of law referred to in subsection (a), on the other hand, may not exceed 81 months (or the part-time equivalent thereof).

(Added Pub. L. 90–631, §1(d)(1), Oct. 23, 1968, 82 Stat. 1331, §1791; renumbered §1795 and amended Pub. L. 92–540, title III, §316(2), title IV, §403(13), Oct. 24, 1972, 86 Stat. 1086, 1090; Pub. L. 96–466, title I, §103, Oct. 17, 1980, 94 Stat. 2187; Pub. L. 98–223, title II, §203(c)(2), Mar. 2, 1984, 98 Stat. 41; Pub. L. 98–525, title VII, §703(d), Oct. 19, 1984, 98 Stat. 2564; Pub. L. 101–237, title IV, §423(a)(8)(B), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered §3695 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 106–65, div. A, title V, §551(b), Oct. 5, 1999, 113 Stat. 614; Pub. L. 107–103, title V, §509(d), Dec. 27, 2001, 115 Stat. 997; Pub. L. 107–107, div. A, title X, §1048(i)(8), Dec. 28, 2001, 115 Stat. 1229; Pub. L. 108–375, div. A, title V, §527(b)(2), Oct. 28, 2004, 118 Stat. 1894; Pub. L. 110–252, title V, §5003(b)(1)(B), June 30, 2008, 122 Stat. 2375; Pub. L. 112–154, title IV, §401(a), Aug. 6, 2012, 126 Stat. 1188; Pub. L. 117–333, §3(e)(3)(B)(ii), Jan. 5, 2023, 136 Stat. 6128.)

Editorial Notes

References in Text

Parts VII and VIII, Veterans Regulation numbered 1(a), referred to in subsec. (a)(1), are Parts VII and VIII as added by acts Mar. 24, 1943, ch. 22, §2, 57 Stat. 43 and June 22, 1944, ch. 268, title II, §400(b), 58 Stat. 287 to Veterans Regulation numbered 1(a) promulgated by Ex. Ord. No. 6156, June 6, 1933, which had been classified as parts VII and VIII of chapter 12A of former Title 38, Pensions, Bonuses, and Veterans' Relief, and which were repealed by Pub. L. 85–857, §14(67), Sept. 2, 1958, 72 Stat. 1272.

The Veterans' Readjustment Assistance Act of 1952, referred to in subsec. (a)(2), is act July 16, 1952, ch. 875, 66 Stat. 663. Title II of the Veterans' Readjustment Assistance Act of 1952 was classified generally to subchapter II (§911 et seq.) of chapter 14 of former Title 38, which was repealed and the provisions thereof reenacted as chapter 33 (§1601 et seq.) of this title by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105. Chapter 33 of this title was repealed by Pub. L. 89–358, §4(a), Mar. 3, 1966, 80 Stat. 23. See chapter 32 (§3201 et seq.) of this title.

The War Orphans' Educational Assistance Act of 1956, referred to in subsec. (a)(3), is act June 29, 1956, ch. 476, 70 Stat. 411, which was classified generally to chapter 15 (§1031 et seq.) of former Title 38, which was repealed and the provisions thereof reenacted as chapter 35 of this title by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105.

Section 903 of the Department of Defense Authorization Act, 1981, referred to in subsec. (a)(6), is section 903 of Pub. L. 96–342, title IX, Sept. 8, 1980, 94 Stat. 1115, which is set out as a note under section 2141 of Title 10, Armed Forces.

The Hostage Relief Act of 1980, referred to in subsec. (a)(7), is Pub. L. 96–449, Oct. 14, 1980, 94 Stat. 1967, which was formerly set out as a note under section 5561 of Title 5, Government Organization and Employees.

The Omnibus Diplomatic Security and Antiterrorism Act of 1986, referred to in subsec. (a)(8), is Pub. L. 99–399, Aug. 27, 1986, 100 Stat. 853. For complete classification of this Act to the Code, see Short Title note set out under section 4801 of Title 22, Foreign Relations and Intercourse, and Tables.

Amendments

2023—Subsec. (b). Pub. L. 117–333 substituted "in section 3101" for "in section 3101(5)".

2012—Subsec. (a)(4). Pub. L. 112–154, §401(a)(1), struck out "35," after "34,".

Subsec. (c). Pub. L. 112–154, §401(a)(2), added subsec. (c).

2008—Subsec. (a)(4). Pub. L. 110–252 amended par. (4) generally. Prior to amendment, par. (4) read as follows: "Chapters 30, 32, 34, 35, and 36 of this title, and the former chapter 33."

2004—Subsec. (a)(5). Pub. L. 108–375 inserted "1607," after "1606,".

2001—Subsec. (a)(5). Pub. L. 107–103 and Pub. L. 107–107 amended par. (5) identically, substituting "1611" for "1610".

1999—Subsec. (a)(5). Pub. L. 106–65 substituted "Chapters 107, 1606, and 1610" for "Chapters 106 and 107".

1991—Pub. L. 102–83, §5(a), renumbered section 1795 of this title as this section.

Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "3101(5)" for "1501(5)".

1989—Subsec. (a)(8). Pub. L. 101–237, §423(a)(8)(B), added par. (8).

Subsec. (b). Pub. L. 101–237, §423(b)(1)(A), substituted "Secretary" for "Administrator".

1984—Subsec. (a). Pub. L. 98–525 inserted reference in cl. (4) to chapter 30 of this title, and in cl. (5) to chapter 106 of title 10.

Pub. L. 98–223, §203(c)(2)(A), substituted "48 months" for "forty-eight months", capitalized the first word in cls. (1) to (4), and added cls. (5) to (7).

Subsec. (b). Pub. L. 98–223, §203(c)(2)(B), substituted "subsection (a)" for "clauses (1), (2), (3), and (4)" and "48" for "forty-eight".

1980—Pub. L. 96–466 designated existing provisions as subsec. (a), substituted in par. (4) "chapters 32, 34, 35, and 36 of this title and the former chapter 33;" for "chapters 31, 34, 35, and 36 of this title, and the former chapter 33", in provisions following par. (4) struck out ", but this section shall not be deemed to limit the period for which assistance may be received under chapter 31 alone" after "(or the part-time equivalent thereof)", and added subsec. (b).

1972—Pub. L. 92–540, §403(13), inserted reference to chapter 36 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–154, title IV, §401(b), Aug. 6, 2012, 126 Stat. 1188, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2013, and shall not operate to revive any entitlement to assistance under chapter 35 of title 38, United States Code, or the provisions of law referred to in section 3695(a) of such title, as in effect on the day before such date, that was terminated by reason of the operation of section 3695(a) of such title, as so in effect, before such date."

Effective Date of 2008 Amendment

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

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–466 effective Oct. 1, 1980, see section 802(a)(6) of Pub. L. 96–466, set out as a note under section 3681 of this title.

Effective Date

Section effective first day of second calendar month which begins after Oct. 23, 1968, see section 6(a) of Pub. L. 90–631, set out as a note under section 3500 of this title.

Revival of Entitlement Reduced by Prior Utilization of Chapter 35 Assistance

Pub. L. 112–154, title IV, §401(c), Aug. 6, 2012, 126 Stat. 1188, provided that:

"(1) In general.—Subject to paragraph (2), in the case of an individual whose period of entitlement to assistance under a provision of law referred to in section 3695(a) of title 38, United States Code (other than chapter 35 of such title), as in effect on September 30, 2013, was reduced under such section 3695(a), as so in effect, by reason of the utilization of entitlement to assistance under chapter 35 of such title before October 1, 2013, the period of entitlement to assistance of such individual under such provision shall be determined without regard to any entitlement so utilized by the individual under chapter 35 of such title.

"(2) Limitation.—The maximum period of entitlement to assistance of an individual under paragraph (1) may not exceed 81 months."
38 U.S.C. § 5103 (2024) — Title 38: VETERANS' BENEFITS / Chapter 51 / Subchapter I / Section 5103: Notice to claimants of required information and evidence
Notice to claimants of required information and evidence
Status: in_force

(a) Required Information and Evidence.—(1) Except as provided in paragraph (3), the Secretary shall provide to the claimant and the claimant's representative, if any, by the most effective means available, including electronic communication or notification in writing, notice of any information, and any medical or lay evidence, not previously provided to the Secretary that is necessary to substantiate the claim. As part of that notice, the Secretary shall indicate which portion of that information and evidence, if any, is to be provided by the claimant and which portion, if any, the Secretary, in accordance with section 5103A of this title and any other applicable provisions of law, will attempt to obtain on behalf of the claimant.

(2)(A) The Secretary shall prescribe in regulations requirements relating to the contents of notice to be provided under this subsection.

(B) The regulations required by this paragraph—

(i) shall specify different contents for notice based on whether the claim concerned is an original claim or a supplemental claim;

(ii) shall provide that the contents for such notice be appropriate to the type of benefits or services sought under the claim;

(iii) shall specify for each type of claim for benefits the general information and evidence required to substantiate the basic elements of such type of claim; and

(iv) shall specify the time period limitations required pursuant to subsection (b).

(3) The requirement to provide notice under paragraph (1) shall not apply with respect to a supplemental claim that is filed within the timeframe set forth in subparagraphs (B) and (D) of section 5110(a)(2) of this title.

(b) Time Limitation.—(1) In the case of information or evidence that the claimant is notified under subsection (a) is to be provided by the claimant, such information or evidence must be received by the Secretary within one year from the date such notice is sent.

(2) This subsection shall not apply to any application or claim for Government life insurance benefits.

(3) Nothing in paragraph (1) shall be construed to prohibit the Secretary from making a decision on a claim before the expiration of the period referred to in that subsection.

(4) Nothing in this section shall require the Secretary to provide notice for a subsequent claim that is filed while a previous claim is pending if the notice previously provided for such pending claim—

(A) provides sufficient notice of the information and evidence necessary to substantiate such subsequent claim; and

(B) was sent within one year of the date on which the subsequent claim was filed.

(5)(A) This section shall not apply to any claim or issue where the Secretary may award the maximum benefit in accordance with this title based on the evidence of record.

(B) For purposes of this paragraph, the term "maximum benefit" means the highest evaluation assignable in accordance with the evidence of record, as long as such evidence is adequate for rating purposes and sufficient to grant the earliest possible effective date in accordance with section 5110 of this title.

(Added Pub. L. 106–475, §3(a), Nov. 9, 2000, 114 Stat. 2096; amended Pub. L. 107–14, §8(a)(12), June 5, 2001, 115 Stat. 35; Pub. L. 108–183, title VII, §701(b), Dec. 16, 2003, 117 Stat. 2670; Pub. L. 110–389, title I, §101(a), Oct. 10, 2008, 122 Stat. 4147; Pub. L. 112–154, title V, §504(a), Aug. 6, 2012, 126 Stat. 1191; Pub. L. 115–55, §2(b), Aug. 23, 2017, 131 Stat. 1105.)

Editorial Notes

Prior Provisions

A prior section 5103, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1225, §3003; Pub. L. 99–570, title XI, §11007(a)(1), Oct. 27, 1986, 100 Stat. 3207–170; renumbered §5103, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405, related to incomplete applications, prior to repeal by Pub. L. 106–475, §3(a), Nov. 9, 2000, 114 Stat. 2096.

Another prior section 5103 was renumbered section 8303 of this title.

Amendments

2017—Subsec. (a)(1). Pub. L. 115–55, §2(b)(1), substituted "Except as provided in paragraph (3), the" for "The".

Subsec. (a)(2)(B)(i). Pub. L. 115–55, §2(b)(2), substituted "or a supplemental claim;" for ", a claim for reopening a prior decision on a claim, or a claim for an increase in benefits;".

Subsec. (a)(3). Pub. L. 115–55, §2(b)(3), added par. (3).

2012—Subsec. (a)(1). Pub. L. 112–154, §504(a)(1), substituted "The" for "Upon receipt of a complete or substantially complete application, the" and "provide to" for "notify" and inserted "by the most effective means available, including electronic communication or notification in writing, notice" before "of any information".

Subsec. (b)(4), (5). Pub. L. 112–154, §504(a)(2), added pars. (4) and (5).

2008—Subsec. (a). Pub. L. 110–389 designated existing provisions as par. (1) and added par. (2).

2003—Subsec. (b)(1). Pub. L. 108–183, §701(b)(1), substituted "such information or evidence must be received by the Secretary within one year from the date such notice is sent" for "if such information or evidence is not received by the Secretary within one year from the date of such notification, no benefit may be paid or furnished by reason of the claimant's application".

Subsec. (b)(3). Pub. L. 108–183, §701(b)(2), added par. (3).

2001—Subsec. (b)(1). Pub. L. 107–14 substituted "one year" for "1 year".

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Amendment by Pub. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as a note under section 101 of this title, and bracketed note thereunder.

Effective Date of 2012 Amendment

Pub. L. 112–154, title V, §504(c), Aug. 6, 2012, 126 Stat. 1192, provided that:

"(1) In general.—The amendments made by subsection (a) [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Aug. 6, 2012] and shall apply with respect to notification obligations of the Secretary of Veterans Affairs on or after such date.

"(2) Construction regarding applicability.—Nothing in this section [amending this section and enacting provisions set out as a note below] or the amendments made by this section shall be construed to require the Secretary to carry out notification procedures in accordance with requirements of section 5103 of title 38, United States Code, as in effect on the day before the effective date established in paragraph (1) on or after such effective date."

Effective Date of 2003 Amendment

Amendment effective as if enacted Nov. 9, 2000, immediately after the enactment of the Veterans Claims Assistance Act of 2000, Pub. L. 106–475, see section 701(c) of Pub. L. 108–183, set out as a note under section 5102 of this title.

Construction

Pub. L. 112–154, title V, §504(b), Aug. 6, 2012, 126 Stat. 1192, provided that: "Nothing in the amendments made by subsection (a) [amending this section] shall be construed as eliminating any requirement with respect to the contents of a notice under section 5103 of title 38, United States Code, that is required under regulations prescribed pursuant to subsection (a)(2) of such section as of the date of the enactment of this Act [Aug. 6, 2012]."

Applicability of Regulations

Pub. L. 110–389, title I, §101(b), Oct. 10, 2008, 122 Stat. 4148, provided that: "The regulations required by paragraph (2) of section 5103(a) of title 38, United States Code (as amended by subsection (a) of this section), shall apply with respect to notices provided to claimants on or after the effective date of such regulations."

Readjudication of Certain Claims; Notice

Pub. L. 108–183, title VII, §701(d), (e), Dec. 16, 2003, 117 Stat. 2670, 2671, provided that:

"(d) Procedures for Readjudication of Certain Claims.—(1) The Secretary of Veterans Affairs shall readjudicate a claim of a qualified claimant if the request for such readjudication is received not later than the end of the one-year period that begins on the date of the enactment of this Act [Dec. 16, 2003].

"(2) For purposes of this subsection, a claimant is qualified within the meaning of paragraph (1) if the claimant—

"(A) received notice under section 5103(a) of title 38, United States Code, requesting information or evidence to substantiate a claim;

"(B) did not submit such information or evidence within a year after the date such notice was sent;

"(C) did not file a timely appeal to the Board of Veterans' Appeals or the United States Court of Appeals for Veterans Claims; and

"(D) submits such information or evidence during the one-year period referred to in paragraph (1).

"(3) If the decision of the Secretary on a readjudication under this subsection is in favor of the qualified claimant, the award of the grant shall take effect as if the prior decision by the Secretary on the claim had not been made.

"(4) Nothing in this subsection shall be construed to establish a duty on the part of the Secretary to identify or readjudicate any claim that—

"(A) is not submitted during the one-year period referred to in paragraph (1); or

"(B) has been the subject of a timely appeal to the Board of Veterans' Appeals or the United States Court of Appeals for Veterans Claims.

"(e) Construction on Providing Renotification.—Nothing in this section [amending this section and section 5102 of this title and enacting provisions set out as a note under section 5102 of this title], or the amendments made by this section, shall be construed to require the Secretary of Veterans Affairs—

"(1) to provide notice under section 5103(a) of such title with respect to a claim insofar as the Secretary has previously provided such notice; or

"(2) to provide for a special notice with respect to this section and the amendments made by this section."
38 U.S.C. § 2034 (2024) — Title 38: VETERANS' BENEFITS / Chapter 20 / Subchapter IV / Section 2034: Coordination with other agencies and organizations
Coordination with other agencies and organizations
Status: in_force

(a) In assisting homeless veterans, the Secretary shall coordinate with, and may provide services authorized under this title in conjunction with, State and local governments, other appropriate departments and agencies of the Federal Government, and nongovernmental organizations.

(b)(1) The Secretary shall require the director of each medical center or the director of each regional benefits office to make an annual assessment of the needs of homeless veterans living within the area served by the medical center or regional office, as the case may be.

(2) Each such assessment shall be made in coordination with representatives of State and local governments, other appropriate departments and agencies of the Federal Government, and nongovernmental organizations that have experience working with homeless persons in that area.

(3) Each such assessment shall identify the needs of homeless veterans with respect to the following:

(A) Health care.

(B) Education and training.

(C) Employment.

(D) Shelter.

(E) Counseling.

(F) Outreach services.

(4) Each assessment shall also indicate the extent to which the needs referred to in paragraph (3) are being met adequately by the programs of the Department, of other departments and agencies of the Federal Government, of State and local governments, and of nongovernmental organizations.

(5) Each assessment shall be carried out in accordance with uniform procedures and guidelines prescribed by the Secretary.

(6) The Secretary shall review each annual assessment under this subsection and shall consolidate the findings and conclusions of each such assessment into the next annual report submitted to Congress under section 2065 of this title.

(c) In furtherance of subsection (a), the Secretary shall require the director of each medical center and the director of each regional benefits office, in coordination with representatives of State and local governments, other Federal officials, and nongovernmental organizations that have experience working with homeless persons in the areas served by such facility or office, to—

(1) develop a list of all public and private programs that provide assistance to homeless persons or homeless veterans in the area concerned, together with a description of the services offered by those programs;

(2) seek to encourage the development by the representatives of such entities, in coordination with the director, of a plan to coordinate among such public and private programs the provision of services to homeless veterans;

(3) take appropriate action to meet, to the maximum extent practicable through existing programs and available resources, the needs of homeless veterans that are identified in the assessment conducted under subsection (b); and

(4) attempt to inform homeless veterans whose needs the director cannot meet under paragraph (3) of the services available to such veterans within the area served by such center or office.

(Added Pub. L. 105–114, title II, §202(a), Nov. 21, 1997, 111 Stat. 2286, §1774; renumbered §2034 and amended Pub. L. 107–95, §§5(b)(1), 6(b), Dec. 21, 2001, 115 Stat. 918, 919.)

Editorial Notes

Amendments

2001—Pub. L. 107–95, §5(b)(1), renumbered section 1774 of this title as this section.

Subsec. (b)(1). Pub. L. 107–95, §6(b)(1), inserted "annual" after "to make an".

Subsec. (b)(6). Pub. L. 107–95, §6(b)(2), added par. (6).
38 U.S.C. § 8112 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter I / Section 8112: Partial relinquishment of legislative jurisdiction
Partial relinquishment of legislative jurisdiction
Status: in_force

The Secretary, on behalf of the United States, may relinquish to the State in which any lands or interests therein under the supervision or control of the Secretary are situated, such measure of legislative jurisdiction over such lands or interests as is necessary to establish concurrent jurisdiction between the Federal Government and the State concerned. Such partial relinquishment of legislative jurisdiction shall be initiated by filing a notice thereof with the Governor of the State concerned, or in such other manner as may be prescribed by the laws of such State, and shall take effect upon acceptance by such State.

(Added Pub. L. 96–22, title III, §301(a), June 13, 1979, 93 Stat. 60, §5012; renumbered §8112, 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

Prior Provisions

Provisions similar to those comprising this section were contained in former section 5007 of this title prior to the general revision of this subchapter by Pub. L. 96–22.

Amendments

1991—Pub. L. 102–40 renumbered section 5012 of this title as this section.

Pub. L. 102–83 substituted "Secretary" for "Administrator" in two places.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1979, but not applicable with respect to the acquisition, construction, or alteration of any medical facilities if the acquisition, construction, or alteration (not including exchange) was approved by the President before Oct. 1, 1979, see section 302 of Pub. L. 96–22, set out as a note under section 8101 of this title.
38 U.S.C. § 8107 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter I / Section 8107: Repealed. Pub. L. 111-163, title V, §501(b)(1), May 5, 2010, 124 Stat. 1157
Repealed. Pub. L. 111-163, title V, §501(b)(1), May 5, 2010, 124 Stat. 1157
Status: repealed

[§8107. Repealed. Pub. L. 111–163, title V, §501(b)(1), May 5, 2010, 124 Stat. 1157]

Section, added Pub. L. 96–22, title III, §301(a), June 13, 1979, 93 Stat. 58, §5007; amended Pub. L. 99–166, title III, §302(a)–(c)(1), Dec. 3, 1985, 99 Stat. 955; Pub. L. 99–576, title II, §222, Oct. 28, 1986, 100 Stat. 3259; renumbered §8107 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, §14(f)(3), June 13, 1991, 105 Stat. 287; Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104–262, title II, §204, Oct. 9, 1996, 110 Stat. 3188; Pub. L. 105–368, title X, §1005(b)(18), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 108–170, title II, §203, Dec. 6, 2003, 117 Stat. 2048, related to operational and construction plans for medical facilities.
38 U.S.C. § 7433 (2024) — Title 38: VETERANS' BENEFITS / Chapter 74 / Subchapter III / Section 7433: Administrative matters
Administrative matters
Status: in_force

(a) Regulations.—The Secretary shall prescribe regulations relating to the pay of physicians, optometrists, podiatrists, and dentists in the Veterans Health Administration under this subchapter.

(b) Recommendations and Views.—In prescribing the regulations, the Secretary shall take into account the recommendations of the Under Secretary for Health on the administration of this subchapter. In formulating recommendations for the purpose of this subsection, the Under Secretary shall request the views of representatives of labor organizations that are exclusive representatives of physicians, optometrists, podiatrists, and dentists of the Department and the views of representatives of professional organizations of physicians, optometrists, podiatrists, and dentists of the Department.

(Added Pub. L. 108–445, §3(b), Dec. 3, 2004, 118 Stat. 2640; amended Pub. L. 116–12, §1(b)(2), (5), Apr. 8, 2019, 133 Stat. 845; Pub. L. 118–210, title I, §142(a)(3)(B), Jan. 2, 2025, 138 Stat. 2746.)

Editorial Notes

Prior Provisions

Prior sections 7433 to 7440 were omitted in the general amendment of this subchapter by Pub. L. 108–445.

Section 7433, added Pub. L. 102–40, title I, §102, May 7, 1991, 105 Stat. 191; amended Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, §1201(e)(22), Nov. 2, 1994, 108 Stat. 4686, related to special pay for full-time physicians.

Section 7434, added Pub. L. 102–40, title I, §102, May 7, 1991, 105 Stat. 192, related to special pay of part-time physicians.

Section 7435, added Pub. L. 102–40, title I, §102, May 7, 1991, 105 Stat. 193; amended Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, §1201(e)(22), Nov. 2, 1994, 108 Stat. 4686; Pub. L. 106–419, title II, §202(a)–(f), Nov. 1, 2000, 114 Stat. 1840, 1841, related to special pay of full-time dentists.

Section 7436, added Pub. L. 102–40, title I, §102, May 7, 1991, 105 Stat. 194, related to special pay of part-time dentists.

Section 7437, added Pub. L. 102–40, title I, §102, May 7, 1991, 105 Stat. 194; amended Pub. L. 102–405, title II, §204(a), title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1983, 1984, related to general provisions concerning special pay of physicians and dentists.

Section 7438, added Pub. L. 102–40, title I, §102, May 7, 1991, 105 Stat. 196; amended Pub. L. 106–419, title II, §202(g), Nov. 1, 2000, 114 Stat. 1841, related to coordination of special pay with other benefits laws.

Section 7439, added Pub. L. 102–40, title I, §102, May 7, 1991, 105 Stat. 197, related to periodic review and quadrennial reports regarding pay of physicians and dentists.

Section 7440, added Pub. L. 102–40, title I, §102, May 7, 1991, 105 Stat. 198; amended Pub. L. 103–446, title XII, §1201(c)(6), Nov. 2, 1994, 108 Stat. 4684, related to annual reports of the use of authorities provided in this subchapter.

Amendments

2025—Pub. L. 118–210 inserted "optometrists," after "physicians," wherever appearing.

2019—Pub. L. 116–12, §1(b)(2), substituted "physicians, podiatrists, and dentists" for "physicians and dentists" wherever appearing.

Subsec. (a). Pub. L. 116–12, §1(b)(5)(B), struck out par. (1) designation before "The Secretary" and redesignated par. (2) as subsec. (b).

Subsec. (b). Pub. L. 116–12, §1(b)(5)(C), inserted heading and substituted "this subsection" for "this paragraph".

Pub. L. 116–12, §1(b)(5)(A), (B)(ii), redesignated subsec. (a)(2) as (b) and struck out former subsec. (b) which required reports on the pay of physicians and dentists in the Veterans Health Administration under this subchapter.

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Amendment by Pub. L. 118–210 applicable to any pay period of the Department of Veterans Affairs beginning on or after the date that is 180 days after Jan. 2, 2025, see section 142(a)(5) of Pub. L. 118–210, set out as a note under section 7431 of this title.
38 U.S.C. § 7310A (2024) — Title 38: VETERANS' BENEFITS / Chapter 73 / Subchapter I / Section 7310A: Annual reports on Women's Health
Annual reports on Women's Health
Status: in_force

(a) Annual Reports.—Not later than December 1 of each year, the Chief Officer of Women's Health shall submit to the appropriate congressional committees a report containing the matters under subsections (b) through (g).

(b) Office of Women's Health.—Each report under subsection (a) shall include a description of—

(1) actions taken by the Office of Women's Health established under section 7310 of this title in the preceding fiscal year to improve the provision of health care by the Department to women veterans;

(2) any identified deficiencies related to the provision of health care by the Department to women veterans and the standards of care established in such section and the plan of the Department to address such deficiencies;

(3) the funding and personnel provided to the Office and whether additional funding or personnel are needed to meet the requirements of such section; and

(4) other information that would be of interest to the appropriate congressional committees with respect to oversight of the provision of health care by the Department to women veterans.

(c) Access to Gender-specific Services.—(1) Each report under subsection (a) shall include an analysis of the access of women veterans to gender-specific services under contracts, agreements, or other arrangements with non-Department medical providers entered into by the Secretary for the provision of hospital care or medical services to veterans.

(2) The analysis under paragraph (1) shall include data and performance measures for the availability of gender-specific services described in such paragraph, including—

(A) the average wait time between the preferred appointment date of the veteran and the date on which the appointment is completed;

(B) the average driving time required for veterans to attend appointments; and

(C) reasons why appointments could not be scheduled with non-Department medical providers.

(d) Models of Care.—(1) Each report under subsection (a) shall include an analysis of the use by the Department of general primary care clinics, separate but shared spaces, and women's health centers as delivery of care models for women veterans.

(2) The analysis under paragraph (1) shall include the following:

(A) The number of facilities of the Department that fall into each delivery of care model described in such paragraph, disaggregated by Veterans Integrated Service Network and State.

(B) A description of the criteria used by the Department to determine which such model is most appropriate for each facility of the Department.

(C) An assessment of how the Department decides to make investments to modify facilities to a different model.

(D) A description of what, if any, plans the Department has to modify facilities from general primary care clinics to another model.

(E) An assessment of whether any facilities could be modified to a separate but shared space for a women's health center within planned investments under the strategic capital investment planning process of the Department.

(F) An assessment of whether any facilities could be modified to a separate or shared space or a women's health center with minor modifications to existing plans under the strategic capital investment planning process of the Department.

(G) An assessment of whether the Department has a goal for how many facilities should fall into each such model.

(e) Staffing.—Each report under subsection (a) shall include an analysis of the staffing of the Department relating to the treatment of women, including the following, disaggregated by Veterans Integrated Service Network and State (except with respect to paragraph (4)):

(1) The number of women's health centers.

(2) The number of patient aligned care teams of the Department relating to women's health.

(3) The number of full- and part-time gynecologists of the Department.

(4) The number of designated women's health care providers of the Department, disaggregated by facility of the Department.

(5) The number of health care providers of the Department who have completed a mini-residency for women's health care through the Women Veterans Health Care Mini-Residency Program of the Department during the one-year period preceding the submittal of the report and the number of mini-residency training slots for such program that are available during the one-year period following such date.

(6) The number of designated women's health care providers of the Department who have sufficient women patient loads or case complexities to retain their competencies and proficiencies.

(f) Accessibility and Treatment Options.—Each report under subsection (a) shall include an analysis of the accessibility and treatment options for women veterans, including the following:

(1) An assessment of wheelchair accessibility of women's health centers of the Department, including, with respect to each such center, an assessment of accessibility for each kind of treatment provided at the center, including with respect to radiology and mammography, that addresses all relevant factors, including door sizes, hoists, and equipment.

(2) The options for women veterans to access mental health providers and primary care providers who are women.

(3) The options for women veterans at medical facilities of the Department with respect to clothing sizes, including for gowns, drawstring pants, and pajamas.

(g) Definitions.—In this section:

(1) The term "appropriate congressional committees" means—

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

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

(2) The term "gender-specific services" means mammography, obstetric care, gynecological care, and such other services as the Secretary determines appropriate.

(Added Pub. L. 116–315, title V, §5101(b)(1), Jan. 5, 2021, 134 Stat. 5024.)

Statutory Notes and Related Subsidiaries

References to Health Care and Services

For references to health care and services in this section as references to health care and services included in medical benefits package provided by the Department as in effect on the day before Jan. 5, 2021, see Pub. L. 116–315, title V, §5101(b)(2), Jan. 5, 2021, 134 Stat. 5026, set out as a note under section 7310 of this title.

Initial Report

Pub. L. 116–315, title V, §5101(c), Jan. 5, 2021, 134 Stat. 5026, provided that: "The Chief Officer of Women's Health of the Department of Veterans Affairs shall submit the initial report under section 7310A of title 38, United States Code, as added by subsection (b), by not later than one year after the date of the enactment of this Act [Jan. 5, 2021]."
38 U.S.C. § 5125 (2024) — Title 38: VETERANS' BENEFITS / Chapter 51 / Subchapter III / Section 5125: Acceptance of reports of private physician examinations
Acceptance of reports of private physician examinations
Status: in_force

For purposes of establishing any claim for benefits under chapter 11 or 15 of this title, a report of a medical examination administered by a private physician that is provided by a claimant in support of a claim for benefits under that chapter may be accepted without a requirement for confirmation by an examination by a physician employed by the Veterans Health Administration if the report is sufficiently complete to be adequate for the purpose of adjudicating such claim.

(Added Pub. L. 103–446, title III, §301(b), Nov. 2, 1994, 108 Stat. 4658.)
38 U.S.C. § 1708 (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter I / Section 1708: Temporary lodging
Temporary lodging
Status: in_force

(a) The Secretary may furnish persons described in subsection (b) with temporary lodging in a Fisher house or other appropriate facility in connection with the examination, treatment, or care of a veteran under this chapter or, as provided for under subsection (e)(5), in connection with benefits administered under this title.

(b) Persons to whom the Secretary may provide lodging under subsection (a) are the following:

(1) A veteran who must travel a significant distance to receive care or services under this title.

(2) A member of the family of a veteran and others who accompany a veteran and provide the equivalent of familial support for such veteran.

(c) In this section, the term "Fisher house" means a housing facility that—

(1) is located at, or in proximity to, a Department medical facility;

(2) is available for residential use on a temporary basis by patients of that facility and others described in subsection (b)(2); and

(3) is constructed by, and donated to the Secretary by, the Zachary and Elizabeth M. Fisher Armed Services Foundation.

(d) The Secretary may establish charges for providing lodging under this section. The proceeds from such charges shall be credited to the medical services account and shall be available until expended for the purposes of providing such lodging.

(e) The Secretary shall prescribe regulations to carry out this section. Such regulations shall include provisions—

(1) limiting the duration of lodging provided under this section;

(2) establishing standards and criteria under which charges are established for such lodging under subsection (d);

(3) establishing criteria for persons considered to be accompanying a veteran under subsection (b)(2);

(4) establishing criteria for the use of the premises of temporary lodging facilities under this section; and

(5) establishing any other limitations, conditions, and priorities that the Secretary considers appropriate with respect to lodging under this section.

(Added Pub. L. 106–419, title II, §221(a), Nov. 1, 2000, 114 Stat. 1844; amended Pub. L. 110–387, title IX, §901(a)(8), Oct. 10, 2008, 122 Stat. 4142.)

Editorial Notes

Amendments

2008—Subsec. (d). Pub. L. 110–387 substituted "medical services account" for "medical care account".
38 U.S.C. § 7731 (2024) — Title 38: VETERANS' BENEFITS / Chapter 77 / Subchapter II / Section 7731: Establishment
Establishment
Status: in_force

(a) The Secretary shall carry out a quality assurance program in the Veterans Benefits Administration. The program may be carried out through a single quality assurance division in the Administration or through separate quality assurance entities for each of the principal organizational elements (known as "services") of the Administration.

(b) The Secretary shall ensure that any quality assurance entity established and operated under subsection (a) is established and operated so as to meet generally applicable governmental standards for independence and internal controls for the performance of quality reviews of Government performance and results.

(c)(1) The Secretary shall enter into a contract with an independent third-party entity to conduct, during the three-year period beginning on the date of the enactment of the Veterans' Benefits Improvement Act of 2008, an assessment of the quality assurance program carried out under subsection (a).

(2) The assessment conducted under paragraph (1) shall evaluate the following:

(A) The quality and accuracy of the work of employees of the Veterans Benefits Administration, using a statistically valid sample of such employees and a statistically valid sample of such work.

(B) The performance of each regional office of the Veterans Benefits Administration.

(C) The accuracy of the disability ratings assigned under the schedule for rating disabilities under section 1155 of this title.

(D) The consistency of disability ratings among regional offices of the Veterans Benefits Administration, based on a sample of specific disabilities.

(E) The performance of employees and managers of the Veterans Benefits Administration.

(3) The Secretary shall develop a mechanism for the automated gathering and producing of data that can be used to monitor and assess trends relating to the items described in paragraph (2).

(4)(A) Beginning on the date that is six months after the date of the enactment of the Veterans' Benefits Improvement Act of 2008, the Secretary shall—

(i) for each claim for disability compensation under laws administered by the Secretary submitted to the Secretary on or after such date, retain, monitor, and store in an accessible format the data described in subparagraph (B); and

(ii) develop a demographic baseline for the data retained, monitored, and stored under subparagraph (A).

(B) The data described in this subparagraph includes the following:

(i) For each claim for disability compensation under laws administered by the Secretary submitted by a claimant—

(I) the State in which the claimant resided when the claim was submitted;

(II) the decision of the Secretary with respect to the claim and each issue claimed; and

(III) the regional office and individual employee of the Department responsible for rating the claim.

(ii) The State in which the claimant currently resides.

(iii) Such other data as the Secretary determines is appropriate for monitoring the accuracy and consistency of decisions with respect to such claims.

(5) Nothing in this subsection shall be construed to require the Secretary to replace the quality assurance program under subsection (a) that was in effect on the day before the date of the enactment of this subsection.

(Added Pub. L. 106–117, §801(a)(1), Nov. 30, 1999, 113 Stat. 1585; amended Pub. L. 110–389, title II, §224(a), Oct. 10, 2008, 122 Stat. 4157.)

Editorial Notes

References in Text

The date of the enactment of the Veterans' Benefits Improvement Act of 2008 and the date of the enactment of this subsection, referred to in subsec. (c)(1), (4)(A), (5), mean the date of enactment of Pub. L. 110–389, which was approved Oct. 10, 2008.

Amendments

2008—Subsec. (c). Pub. L. 110–389 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 106–117, title VIII, §801(b), Nov. 30, 1999, 113 Stat. 1586, provided that: "Subchapter III [now Subchapter II] of chapter 77 of title 38, United States Code, as added by subsection (a), shall take effect at the end of the 60-day period beginning on the date of the enactment of this Act [Nov. 30, 1999]."