38 U.S.C. § 7405 (2024) — Title 38: VETERANS' BENEFITS / Chapter 74 / Subchapter I / Section 7405: Temporary full-time appointments, part-time appointments, and without-compensation appointments
Temporary full-time appointments, part-time appointments, and without-compensation appointments
Status: in_force

(a) The Secretary, upon the recommendation of the Under Secretary for Health, may employ, without regard to civil service or classification laws, rules, or regulations, personnel as follows:

(1) On a temporary full-time basis, part-time basis, or without compensation basis, persons in the following positions:

(A) Positions listed in section 7401(1) of this title.

(B) Positions listed in section 7401(3) of this title.

(C) Librarians.

(D) Other professional, clerical, technical, and unskilled personnel (including interns, residents, trainees, and students in medical support programs).

(2) On a fee basis, persons in the following positions:

(A) Positions listed in section 7401(1) of this title.

(B) Positions listed in section 7401(3) of this title.

(C) Other professional and technical personnel.

(b) Personnel employed under subsection (a)—

(1) shall be in addition to personnel described in section 7306, paragraphs (1) and (3) of section 7401, and section 7408 of this title; and

(2) shall be paid such rates of pay as the Secretary may prescribe.

(c)(1) Temporary full-time appointments under this section of persons in positions listed in paragraphs (1) and (3) of section 7401 of this title may be for a period in excess of 90 days only if the Under Secretary for Health finds that circumstances render it impracticable to obtain the necessary services through appointments under that section.

(2) A temporary full-time appointment may not be made for a period in excess of two years in the case of a person who—

(A) has successfully completed—

(i) a full course of nursing in a recognized school of nursing, approved by the Secretary; or

(ii) a full course of training for any category of personnel described in paragraph (3) of section 7401 of this title, or as a physician assistant, in a recognized education or training institution approved by the Secretary; and

(B) is pending registration or licensure in a State or certification by a national board recognized by the Secretary.

(3)(A) Temporary full-time appointments of persons in positions referred to in subsection (a)(1)(D) shall not exceed three years.

(B) Temporary full-time appointments under this paragraph may be renewed for one or more additional periods not in excess of three years each.

(4) Temporary full-time appointments of other personnel may not be for a period in excess of one year except as authorized in subsection (f).

(d) A part-time appointment may not be for a period of more than one year, except for appointments of persons specified in subsection (a)(1)(A) and interns, residents, and other trainees in medical support programs and except as authorized in subsection (f).

(e) A student who has a temporary appointment under this section and who is pursuing a full course of nursing in a recognized school of nursing approved by the Secretary, or who is pursuing a full course of training for any category of personnel described in paragraph (3) of section 7401 of this title in a recognized education or training institution approved by the Secretary, may be reappointed for a period not to exceed the duration of the student's academic program.

(f) During any period during which the Secretary is exercising the authority provided in subsections (a) and (f)(1) of section 7403 of this title in connection with the appointment, under paragraph (3) of section 7401 of this title, of personnel in a category of personnel described in such paragraph—

(1) the Secretary may make temporary full-time appointments of personnel in such category for periods exceeding 90 days if the Under Secretary for Health finds that circumstances render it impractical to obtain the necessary services through appointments under paragraph (3) of section 7401 of this title; and

(2) part-time appointments of personnel in such category may be for periods of more than one year.

(g)(1) Except as provided in paragraph (3), employment of a registered nurse on a temporary part-time basis under subsection (a)(1) shall be for a probationary period of two years.

(2) Except as provided in paragraph (3), upon completion by a registered nurse of the probationary period described in paragraph (1)—

(A) the employment of such nurse shall—

(i) no longer be considered temporary; and

(ii) be considered an appointment described in section 7403(a) of this title; and

(B) the nurse shall be considered to have served the probationary period required by section 7403(b).

(3) This subsection shall not apply to appointments made on a term limited basis of less than or equal to three years of—

(A) nurses with a part-time appointment resulting from an academic affiliation or teaching position in a nursing academy of the Department;

(B) nurses appointed as a result of a specific research proposal or grant; or

(C) nurses who are not citizens of the United States and appointed under section 7407(a) of this title.

(Added Pub. L. 102–40, title IV, §401(b)(2), May 7, 1991, 105 Stat. 226; amended Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 106–419, title II, §204, Nov. 1, 2000, 114 Stat. 1842; Pub. L. 108–170, title III, §301(c), Dec. 6, 2003, 117 Stat. 2057; Pub. L. 111–163, title VI, §601(c), May 5, 2010, 124 Stat. 1168.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 4114(a) of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.

Amendments

2010—Subsec. (g). Pub. L. 111–163 added subsec. (g).

2003—Subsec. (a)(1)(B), (C). Pub. L. 108–170, §301(c)(1)(A), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which read as follows:

"(B) Certified or registered respiratory therapists, licensed physical therapists, licensed practical or vocational nurses, pharmacists, and occupational therapists.

"(C) Dietitians, social workers, and librarians."

Subsec. (a)(2)(B). Pub. L. 108–170, §301(c)(1)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: "Certified or registered respiratory therapists, licensed physical therapists, licensed practical or vocational nurses, pharmacists, and occupational therapists."

Subsec. (c)(1). Pub. L. 108–170, §301(c)(2), substituted "paragraphs (1) and (3) of section 7401" for "section 7401(1)".

2000—Subsec. (c)(2). Pub. L. 106–419, §204(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Temporary full-time appointments of persons who have successfully completed a full course of nursing in a recognized school of nursing, approved by the Secretary, or who have successfully completed a full course of training for any category of personnel described in paragraph (3) of section 7401 of this title in a recognized education or training institution approved by the Secretary, and who are pending registration or licensure in a State, or certification by a national board recognized by the Secretary, shall not exceed two years."

Subsec. (c)(3), (4). Pub. L. 106–419, §204(b), added par. (3) and redesignated former par. (3) as (4).

1992—Subsecs. (a), (c)(1), (f)(1). Pub. L. 102–405 substituted "Under Secretary for Health" for "Chief Medical Director".

Statutory Notes and Related Subsidiaries

Recruitment of Mental Health Providers for Furnishing Mental Health Services on Behalf of the Department of Veterans Affairs Without Compensation From the Department

Pub. L. 112–239, div. A, title VII, §729, Jan. 2, 2013, 126 Stat. 1813, provided that:

"(a) In General.—The Secretary of Veterans Affairs shall carry out a national program of outreach to societies, community organizations, nonprofit organizations, and government entities in order to recruit mental health providers who meet the quality standards and requirements of the Department of Veterans Affairs to provide mental health services for the Department on a part-time, without-compensation basis, under section 7405 of title 38, United States Code.

"(b) Partnering With and Developing Community Entities and Nonprofit Organizations.—In carrying out the program required by subsection (a), the Secretary may partner with a community entity or nonprofit organization or assist in the development of a community entity or nonprofit organization, including by entering into an agreement under section 8153 of title 38, United States Code, that provides strategic coordination of the societies, organizations, and government entities described in subsection (a) in order to maximize the availability and efficient delivery of mental health services to veterans by such societies, organizations, and government entities.

"(c) Military Culture Training.—In carrying out the program required by subsection (a), the Secretary shall provide training to mental health providers to ensure that clinicians who provide mental health services as described in such subsection have sufficient understanding of military-specific and service-specific culture, combat experience, and other factors that are unique to the experience of veterans who served in Operation Enduring Freedom, Operating Iraqi Freedom, or Operation New Dawn."
38 U.S.C. § 1725 (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter III / Section 1725: Reimbursement for emergency treatment
Reimbursement for emergency treatment
Status: in_force

(a) General Authority.—(1) Subject to subsections (c) and (d), the Secretary shall reimburse a veteran described in subsection (b) for the reasonable value of emergency treatment furnished the veteran in a non-Department facility.

(2) In any case in which reimbursement is authorized under subsection (a)(1), the Secretary, in the Secretary's discretion, may, in lieu of reimbursing the veteran, make payment of the reasonable value of the furnished emergency treatment directly—

(A) to a hospital or other health care provider that furnished the treatment; or

(B) to the person or organization that paid for such treatment on behalf of the veteran.

(b) Eligibility.—(1) A veteran referred to in subsection (a)(1) is an individual who is an active Department health-care participant who is personally liable for emergency treatment furnished the veteran in a non-Department facility.

(2) A veteran is an active Department health-care participant if—

(A) the veteran is enrolled in the health care system established under section 1705(a) of this title; and

(B) the veteran received care under this chapter within the 24-month period preceding the furnishing of such emergency treatment.

(3) A veteran is personally liable for emergency treatment furnished the veteran in a non-Department facility if the veteran—

(A) is financially liable to the provider of emergency treatment for that treatment;

(B) has no entitlement to care or services under a health-plan contract (determined, in the case of a health-plan contract as defined in subsection (h)(2)(B) or (h)(2)(C), without regard to any requirement or limitation relating to eligibility for care or services from any department or agency of the United States);

(C) has no other contractual or legal recourse against a third party that would, in whole, extinguish such liability to the provider; and

(D) is not eligible for reimbursement for medical care or services under section 1728 of this title.

(c) Limitations on Reimbursement.—(1) The Secretary, in accordance with regulations prescribed by the Secretary, shall—

(A) establish the maximum amount payable under subsection (a);

(B) delineate the circumstances under which such payments may be made, to include such requirements on requesting reimbursement as the Secretary shall establish; and

(C) provide that in no event may a payment under that subsection include any amount for which the veteran is not personally liable.

(2) Subject to paragraph (1), the Secretary may provide reimbursement under this section only after the veteran or the provider of emergency treatment has exhausted without success all claims and remedies reasonably available to the veteran or provider against a third party for payment of such treatment.

(3) Payment by the Secretary under this section on behalf of a veteran to a provider of emergency treatment shall, unless rejected and refunded by the provider within 30 days of receipt, extinguish any liability on the part of the veteran for that treatment. Neither the absence of a contract or agreement between the Secretary and the provider nor any provision of a contract, agreement, or assignment to the contrary shall operate to modify, limit, or negate the requirement in the preceding sentence.

(4)(A) If the veteran has contractual or legal recourse against a third party that would only, in part, extinguish the veteran's liability to the provider of the emergency treatment, and payment for the treatment may be made both under subsection (a) and by the third party, the amount payable for such treatment under such subsection shall be the amount by which the costs for the emergency treatment exceed the amount payable or paid by the third party, except that the amount payable may not exceed the maximum amount payable established under paragraph (1)(A).

(B) In any case in which a third party is financially responsible for part of the veteran's emergency treatment expenses, the Secretary shall be the secondary payer.

(C) A payment in the amount payable under subparagraph (A) shall be considered payment in full and shall extinguish the veteran's liability to the provider.

(D) The Secretary may not reimburse a veteran under this section for any copayment or similar payment that the veteran owes the third party or for which the veteran is responsible under a health-plan contract.

(d) Independent Right of Recovery.—(1) In accordance with regulations prescribed by the Secretary, the United States shall have the independent right to recover any amount paid under this section when, and to the extent that, a third party subsequently makes a payment for the same emergency treatment.

(2) Any amount paid by the United States to the veteran (or the veteran's personal representative, successor, dependents, or survivors) or to any other person or organization paying for such treatment shall constitute a lien in favor of the United States against any recovery the payee subsequently receives from a third party for the same treatment.

(3) Any amount paid by the United States to the provider that furnished the veteran's emergency treatment shall constitute a lien against any subsequent amount the provider receives from a third party for the same emergency treatment for which the United States made payment.

(4) The veteran (or the veteran's personal representative, successor, dependents, or survivors) shall ensure that the Secretary is promptly notified of any payment received from any third party for emergency treatment furnished to the veteran. The veteran (or the veteran's personal representative, successor, dependents, or survivors) shall immediately forward all documents relating to such payment, cooperate with the Secretary in the investigation of such payment, and assist the Secretary in enforcing the United States right to recover any payment made under subsection (c)(3).

(e) Waiver.—The Secretary, in the Secretary's discretion, may waive recovery of a payment made to a veteran under this section that is otherwise required by subsection (d)(1) when the Secretary determines that such waiver would be in the best interest of the United States, as defined by regulations prescribed by the Secretary.

(f) Submittal of Claims for Direct Payment.—An individual or entity seeking payment under subsection (a)(2) for treatment provided to a veteran in lieu of reimbursement to the veteran shall submit a claim for such payment not later than 180 days after the latest date on which such treatment was provided.

(g) Hold Harmless.—No veteran described in subsection (b) may be held liable for payment for emergency treatment described in such subsection if—

(1) a claim for direct payment was submitted by an individual or entity under subsection (f); and

(2) such claim was submitted after the deadline established by such subsection due to—

(A) an administrative error made by the individual or entity, such as submission of the claim to the wrong Federal agency, under the wrong reimbursement authority (such as section 1728 of this title), or submission of the claim after the deadline; or

(B) an administrative error made by the Department, such as misplacement of a paper claim or deletion of an electronic claim.

(h) Definitions.—For purposes of this section:

(1) The term "emergency treatment" means medical care or services furnished, in the judgment of the Secretary—

(A) when Department or other Federal facilities are not feasibly available and an attempt to use them beforehand would not be reasonable;

(B) when such care or services are rendered in a medical emergency of such nature that a prudent layperson reasonably expects that delay in seeking immediate medical attention would be hazardous to life or health; and

(C) until—

(i) such time as the veteran can be transferred safely to a Department facility or other Federal facility and such facility is capable of accepting such transfer; or

(ii) such time as a Department facility or other Federal facility accepts such transfer if—

(I) at the time the veteran could have been transferred safely to a Department facility or other Federal facility, no Department facility or other Federal facility agreed to accept such transfer; and

(II) the non-Department facility in which such medical care or services was furnished made and documented reasonable attempts to transfer the veteran to a Department facility or other Federal facility.

(2) The term "health-plan contract" includes any of the following:

(A) An insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar arrangement under which health services for individuals are provided or the expenses of such services are paid.

(B) An insurance program described in section 1811 of the Social Security Act (42 U.S.C. 1395c) or established by section 1831 of that Act (42 U.S.C. 1395j).

(C) A State plan for medical assistance approved under title XIX of such Act (42 U.S.C. 1396 et seq.).

(D) A workers' compensation law or plan described in section 1729(a)(2)(A) of this title.

(3) The term "third party" means any of the following:

(A) A Federal entity.

(B) A State or political subdivision of a State.

(C) An employer or an employer's insurance carrier.

(D) An automobile accident reparations insurance carrier.

(E) A person or entity obligated to provide, or to pay the expenses of, health services under a health-plan contract.

(Added Pub. L. 106–117, title I, §111(a), Nov. 30, 1999, 113 Stat. 1553; amended Pub. L. 110–387, title IV, §402(a), Oct. 10, 2008, 122 Stat. 4123; Pub. L. 111–137, §1(a), (b), Feb. 1, 2010, 123 Stat. 3495; Pub. L. 117–328, div. U, title I, §142(a)(1), (c)(2), Dec. 29, 2022, 136 Stat. 5423, 5424.)

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (h)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

2022—Subsec. (b)(3)(B). Pub. L. 117–328, §142(c)(2), substituted "subsection (h)(2)(B) or (h)(2)(C)" for "subsection (f)(2)(B) or (f)(2)(C)".

Subsecs. (f) to (h). Pub. L. 117–328, §142(a), added subsecs. (f) and (g) and redesignated former subsec. (f) as (h).

2010—Subsec. (b)(3)(C). Pub. L. 111–137, §1(a)(1), struck out "or in part" after "in whole".

Subsec. (c)(4). Pub. L. 111–137, §1(b), added par. (4).

Subsec. (f)(2)(E). Pub. L. 111–137, §1(a)(2), struck out subpar. (E) which read as follows: "A law of a State or political subdivision described in section 1729(a)(2)(B) of this title."

2008—Subsec. (a)(1). Pub. L. 110–387, §402(a)(1), substituted "shall reimburse" for "may reimburse".

Subsec. (f)(1)(C). Pub. L. 110–387, §402(a)(2), added subpar. (C) and struck out former subpar. (C) which read as follows: "until such time as the veteran can be transferred safely to a Department facility or other Federal facility".

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–137, §1(c), Feb. 1, 2010, 123 Stat. 3495, provided that:

"(1) In general.—The amendments made by subsections (a) and (b) [amending this section] shall take effect on the date of the enactment of this Act [Feb. 1, 2010], and shall apply with respect to emergency treatment furnished on or after the date of the enactment of this Act.

"(2) Reimbursement for treatment provided before effective date.—The Secretary may provide reimbursement under section 1725 of title 38, United States Code, as amended by subsections (a) and (b), for emergency treatment furnished to a veteran before the date of the enactment of this Act [Feb. 1, 2010], if the Secretary determines that, under the circumstances applicable with respect to the veteran, it is appropriate to do so."

Effective Date

Pub. L. 106–117, title I, §111(c), Nov. 30, 1999, 113 Stat. 1556, provided that: "The amendments made by this section [enacting this section and amending section 1729A of this title] shall take effect 180 days after the date of the enactment of this Act [Nov. 30, 1999]."

Implementation Reports

Pub. L. 106–117, title I, §111(d), Nov. 30, 1999, 113 Stat. 1556, required the Secretary of Veterans Affairs to include with the budget justification materials submitted to Congress in support of the Department of Veterans Affairs budget for fiscal years 2002 and 2003 a report on the implementation of this section, including information on the experience of the Department under that section and the costs incurred.
38 U.S.C. § 3319 (2024) — Title 38: VETERANS' BENEFITS / Chapter 33 / Subchapter II / Section 3319: Authority to transfer unused education benefits to family members
Authority to transfer unused education benefits to family members
Status: in_force

(a) In General.—

(1) Subject to the provisions of this section, the Secretary concerned may permit an individual described in subsection (b) who is entitled to educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual's entitlement to such assistance, subject to the limitation under subsection (d).

(2) The purpose of the authority in paragraph (1) is to promote recruitment and retention in the uniformed services. The Secretary concerned may exercise the authority for that purpose when authorized by the Secretary of Defense in the national security interests of the United States.

(b) Eligible Individuals.—An individual referred to in subsection (a) is any member of the uniformed services who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, has completed at least—

(1) six years of service in the Armed Forces and enters into an agreement to serve at least four more years as a member of the uniformed services; or

(2) the years of service as determined in regulations pursuant to subsection (j).

(c) Eligible Dependents.—

(1) Transfer.—An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual's entitlement to an eligible dependent or a combination of eligible dependents.

(2) Definition of eligible dependent.—For purposes of this subsection, the term "eligible dependent" has the meaning given the term "dependent" under subparagraphs (A), (I), and (D) of section 1072(2) of title 10.

(d) Limitation on Months of Transfer.—The total number of months of entitlement transferred by a individual under this section may not exceed 36 months. The Secretary of Defense may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than 18 months.

(e) Designation of Transferee.—An individual transferring an entitlement to educational assistance under this section shall—

(1) designate the dependent or dependents to whom such entitlement is being transferred; and

(2) designate the number of months of such entitlement to be transferred to each such dependent.

(f) Time for Transfer; Revocation and Modification.—

(1) Time for transfer.—Subject to the time limitation for use of entitlement under section 3321, and except as provided in subsection (k) or (l), an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed.

(2) Modification or revocation.—

(A) In general.—An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred.

(B) Notice.—The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs.

(3) Prohibition on treatment of transferred entitlement as marital property.—Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding.

(g) Commencement of Use.—A dependent to whom entitlement to educational assistance is transferred under this section may not commence the use of the transferred entitlement until—

(1) in the case of entitlement transferred to a spouse, the completion by the individual making the transfer of at least—

(A) six years of service in the Armed Forces; or

(B) the years of service as determined in regulations pursuant to subsection (j); or

(2) in the case of entitlement transferred to a child, both—

(A) the completion by the individual making the transfer of at least—

(i) ten years of service in the Armed Forces; or

(ii) the years of service as determined in regulations pursuant to subsection (j); and

(B) either—

(i) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or

(ii) the attainment by the child of 18 years of age.

(h) Additional Administrative Matters.—

(1) Use.—The use of any entitlement to educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used.

(2) Nature of transferred entitlement.—Except as provided under subsection (e)(2) and subject to paragraphs (5) and (6)—

(A) in the case of entitlement transferred to a spouse under this section, the spouse is entitled to educational assistance under this chapter in the same manner as the individual from whom the entitlement was transferred; or

(B) in the case of entitlement transferred to a child under this section, the child is entitled to educational assistance under this chapter in the same manner as the individual from whom the entitlement was transferred as if the individual were not on active duty.

(3) Rate of payment.—The monthly rate of educational assistance payable to a dependent to whom entitlement referred to in paragraph (2) is transferred under this section shall be payable—

(A) in the case of a spouse, at the same rate as such entitlement would otherwise be payable under this chapter to the individual making the transfer; or

(B) in the case of a child, at the same rate as such entitlement would otherwise be payable under this chapter to the individual making the transfer as if the individual were not on active duty.

(4) Death of transferor.—

(A) In general.—The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred.

(B) Death prior to transfer to designated transferees.—(i) In the case of an eligible individual whom the Secretary has approved to transfer the individual's entitlement under this section who, at the time of death, is entitled to educational assistance under this chapter and has designated a transferee or transferees under subsection (e) but has not transferred all of such entitlement to such transferee or transferees, the Secretary shall transfer the entitlement of the individual under this section by evenly distributing the amount of such entitlement between all such transferees who would not be precluded from using some or all of the transferred benefits due to the expiration of time limitations found in paragraph (5) of this subsection or section 3321 of this title, notwithstanding the limitations under subsection (f).

(ii) If a transferee cannot use all of the transferred benefits under clause (i) because of expiration of a time limitation, the unused benefits will be distributed among the other designated transferees who would not be precluded from using some or all of the transferred benefits due to expiration of time limitations found in paragraph (5) of this subsection or section 3321 of this title, unless or until there are no transferees who would not be precluded from using the transferred benefits because of expiration of a time limitation.

(5) Limitation on age of use by child transferees.—

(A) In general.—A child to whom entitlement is transferred under this section may use the benefits transferred without regard to the 15-year delimiting date specified in section 3321, but may not, except as provided in subparagraph (B) or (C), use any benefits so transferred after attaining the age of 26 years.

(B) Primary caregivers of seriously injured members of the armed forces and veterans.—

(i) In general.—Subject to clause (ii), in the case of a child who, before attaining the age of 26 years, is prevented from pursuing a chosen program of education by reason of acting as the primary provider of personal care services for a veteran or member of the Armed Forces under section 1720G(a), the child may use the benefits beginning on the date specified in clause (iii) for a period whose length is specified in clause (iv).

(ii) Inapplicability for revocation.—Clause (i) shall not apply with respect to the period of an individual as a primary provider of personal care services if the period concludes with the revocation of the individual's designation as such a primary provider under section 1720G(a)(7)(D).

(iii) Date for commencement of use.—The date specified in this clause for the beginning of the use of benefits by a child under clause (i) is the later of—

(I) the date on which the child ceases acting as the primary provider of personal care services for the veteran or member concerned as described in clause (i);

(II) the date on which it is reasonably feasible, as determined under regulations prescribed by the Secretary, for the child to initiate or resume the use of benefits; or

(III) the date on which the child attains the age of 26 years.

(iv) Length of use.—The length of the period specified in this clause for the use of benefits by a child under clause (i) is the length equal to the length of the period that—

(I) begins on the date on which the child begins acting as the primary provider of personal care services for the veteran or member concerned as described in clause (i); and

(II) ends on the later of—

(aa) the date on which the child ceases acting as the primary provider of personal care services for the veteran or member as described in clause (i); or

(bb) the date on which it is reasonably feasible, as so determined, for the child to initiate or resume the use of benefits.

(C) Emergency situations.—In any case in which the Secretary determines that an individual to whom entitlement is transferred under this section has been prevented from pursuing the individual's chosen program of education before the individual attains the age of 26 years because the educational institution or training establishment closed (temporarily or permanently) under an established policy based on an Executive order of the President or due to an emergency situation, the Secretary shall extend the period during which the individual may use such entitlement for a period equal to the number of months that the individual was so prevented from pursuing the program of education, as determined by the Secretary.

(6) Scope of use by transferees.—The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate).

(7) Additional administrative provisions.—The administrative provisions of this chapter shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible individual for purposes of such provisions.

(i) Overpayment.—

(1) Joint and several liability.—Subject to paragraph (2), in the event of an overpayment of educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of this title.

(2) Failure to complete service agreement.—

(A) Sole liability.—Except as provided in subparagraph (B), if an individual transferring entitlement under this section fails to complete the service agreed to by the individual under subsection (b)(1) in accordance with the terms of the agreement of the individual under that subsection, the amount of any transferred entitlement under this section that is used by a dependent of the individual as of the date of such failure shall be treated as an overpayment of educational assistance for which the individual shall be solely liable to the United States for the amount of the overpayment for purposes of section 3685 of this title.

(B) Exception.—Neither the individual nor the dependent shall be liable to the United States for the amount of the overpayment for purposes of section 3685 of this title in the case of an individual who fails to complete service agreed to by the individual—

(i) by reason of the death of the individual; or

(ii) for a reason referred to in section 3311(c)(4) of this title.

(j) Regulations.—(1) The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall prescribe regulations for purposes of this section.

(2) Such regulations shall specify—

(A) the manner of authorizing the transfer of entitlements under this section;

(B) the eligibility criteria in accordance with subsection (b); and

(C) the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2).

(3) The Secretary of Defense may not prescribe any regulation that would provide for a limitation on eligibility to transfer unused education benefits to family members based on a maximum number of years of service in the Armed Forces.

(k) Additional Transfer Upon Death of Dependent.—In the case of a dependent to whom entitlement to educational assistance is transferred under this section who dies before using all of such entitlement, the individual who transferred the entitlement to the dependent may transfer any remaining entitlement to a different eligible dependent, notwithstanding whether the individual is serving as a member of the Armed Forces when such transfer is executed.

(l) Transfer by Dependent.—In the case of an individual who transfers entitlement to educational assistance under this section who dies before the dependent to whom entitlement to educational assistance is so transferred has used all of such entitlement, such dependent may transfer such entitlement to another eligible dependent in accordance with the provisions of this section.

(Added Pub. L. 110–252, title V, §5003(a)(1), June 30, 2008, 122 Stat. 2369; amended Pub. L. 111–275, title X, §1001(g)(7), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 111–377, title I, §§110(a), (b), 112(b), title II, §201(b), Jan. 4, 2011, 124 Stat. 4120, 4122, 4123; Pub. L. 114–58, title VI, §601(19), Sept. 30, 2015, 129 Stat. 539; Pub. L. 115–48, title I, §110(a), Aug. 16, 2017, 131 Stat. 981; Pub. L. 116–92, div. A, title V, §578, Dec. 20, 2019, 133 Stat. 1406; Pub. L. 116–315, title I, §1011(a), Jan. 5, 2021, 134 Stat. 4941; Pub. L. 117–297, §3, Dec. 27, 2022, 136 Stat. 4376; Pub. L. 117–328, div. U, title II, §214(a), Dec. 29, 2022, 136 Stat. 5454; Pub. L. 117–333, §3(b)(2), Jan. 5, 2023, 136 Stat. 6126; Pub. L. 118–210, title II, §203, Jan. 2, 2025, 138 Stat. 2762.)

Editorial Notes

Amendments

2025—Subsec. (i)(1). Pub. L. 118–210, §203(1), substituted "Subject to paragraph (2), in the event" for "In the event" and inserted "of this title" after "section 3685".

Subsec. (i)(2)(A). Pub. L. 118–210, §203(2), substituted "Sole liability" for "In general" in heading and "for which the individual shall be solely liable to the United States for the amount of the overpayment for purposes of section 3685 of this title" for "under paragraph (1)" in text.

Subsec. (i)(2)(B). Pub. L. 118–210, §203(3)(A), substituted "Neither the individual nor the dependent shall be liable to the United States for the amount of the overpayment for purposes of section 3685 of this title" for "Subparagraph (A) shall not apply" in introductory provisions.

Subsec. (i)(2)(B)(ii). Pub. L. 118–210, §203(3)(B), inserted "of this title" after "section 3311(c)(4)".

2023—Subsec. (h)(5)(A). Pub. L. 117–333, §3(b)(2)(A), inserted "or (C)" after "subparagraph (B)".

Subsec. (h)(5)(C). Pub. L. 117–333, §3(b)(2)(B), added subpar. (C).

2022—Subsec. (e)(3). Pub. L. 117–297 struck out par. (3) which read as follows: "specify the period for which the transfer shall be effective for each dependent designated under paragraph (1)."

Subsec. (h)(4). Pub. L. 117–328 amended par. (4) generally. Prior to amendment, text read as follows: "The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred."

2021—Subsec. (c). Pub. L. 116–315 amended subsec. (c) generally. Prior to amendment, text read as follows: "An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual's entitlement as follows:

"(1) To the individual's spouse.

"(2) To one or more of the individual's children.

"(3) To a combination of the individuals referred to in paragraphs (1) and (2)."

2019—Subsec. (j)(3). Pub. L. 116–92 added par. (3).

2017—Subsec. (f)(1). Pub. L. 115–48, §110(a)(1), inserted ", and except as provided in subsection (k) or (l)," after "section 3321".

Subsecs. (k), (l). Pub. L. 115–48, §110(a)(2), added subsecs. (k) and (l).

2015—Pub. L. 114–58 substituted "Armed Forces" for "armed forces" in subsecs. (b)(1), (f)(1), and (g)(1)(A), (2)(A)(i).

2011—Subsec. (a). Pub. L. 111–377, §110(b), designated existing provisions as par. (1), substituted "Subject to the provisions of this section, the Secretary concerned may permit" for "Subject to the provisions of this section, the Secretary of Defense may authorize the Secretary concerned, to promote recruitment and retention of members of the Armed Forces, to permit", and added par. (2).

Subsec. (b). Pub. L. 111–377, §110(a)(1), substituted "uniformed services" for "Armed Forces" in introductory provisions and par. (1).

Subsec. (b)(2). Pub. L. 111–377, §112(b), which directed substitution of "to subsection (j)" for "to section (k)", could not be executed because of prior amendment by Pub. L. 111–275. See 2010 Amendment note below.

Subsec. (h)(5). Pub. L. 111–377, §201(b), amended par. (5) generally. Prior to amendment, text read as follows: "A child to whom entitlement is transferred under this section may use the benefit without regard to the 15-year delimiting date, but may not use any entitlement so transferred after attaining the age of 26 years."

Subsec. (k). Pub. L. 111–377, §110(a)(2), struck out subsec. (k). Text read as follows: "Notwithstanding section 101(25), in this section, the term 'Secretary concerned' means—

"(1) the Secretary of the Army with respect to matters concerning the Army;

"(2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps;

"(3) the Secretary of the Air Force with respect to matters concerning the Air Force; and

"(4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Homeland Security when it is not operating as a service in the Navy."

2010—Subsec. (b)(2). Pub. L. 111–275 substituted "subsection (j)" for "section (k)".

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–328, div. U, title II, §214(b), Dec. 29, 2022, 136 Stat. 5455, provided that: "Paragraph (4)(B) of section 3319(h) of title 38, United States Code, shall apply with respect to an eligible individual who dies on or after November 1, 2018."

Effective Date of 2021 Amendment

Pub. L. 116–315, title I, §1011(b), Jan. 5, 2021, 134 Stat. 4942, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to educational assistance payable under chapter 33 of title 38, United States Code, before, on, or after the date that is 90 days after the date of the enactment of this Act [Jan. 5, 2021]."

Effective Date of 2017 Amendment

Pub. L. 115–48, title I, §110(b), Aug. 16, 2017, 131 Stat. 981, provided that:

"(1) Eligible deaths.—The amendments made by this section [amending this section] shall apply with respect to deaths occurring on or after August 1, 2009.

"(2) Use of entitlement.—A dependent to whom entitlement to educational assistance is transferred under subsection (k) or (l) of section 3319 of title 38, United States Code, as added by subsection (a), may use such entitlement to pursue a course of education beginning on or after August 1, 2018."

Effective Date of 2011 Amendment

Pub. L. 111–377, title I, §110(c), Jan. 4, 2011, 124 Stat. 4120, provided that: "The amendments made by this section [amending this section] shall take effect on August 1, 2011."

Amendment by section 201(b) of Pub. L. 111–377 effective Aug. 1, 2011, and applicable with respect to preventions and suspension of pursuit of programs of education that commence on or after that date, see section 201(d) of Pub. L. 111–377, set out as a note under section 3031 of this title.

Effective Date

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

Extension of Time Limitations for Use of Entitlement: Transfer Period

Pub. L. 116–315, title I, §1107(d)(2), Jan. 5, 2021, 134 Stat. 4966, amended text temporarily added by Pub. L. 116–140, §6(b)(2), formerly set out below.

Pub. L. 116–140, §6(b)(2), Apr. 28, 2020, 134 Stat. 633, which temporarily allowed for an extension of time to use entitled educational benefits because of closure of an educational institution, was repealed by Pub. L. 117–333, §3(f), Jan. 5, 2023, 136 Stat. 6128. See subsec. (h)(5)(C) of this section.
38 U.S.C. § 5904 (2024) — Title 38: VETERANS' BENEFITS / Chapter 59 / Section 5904: Recognition of agents and attorneys generally
Recognition of agents and attorneys generally
Status: in_force

(a) Recognition.—(1) Except as provided in paragraph (4), the Secretary may recognize any individual as an agent or attorney for the preparation, presentation, and prosecution of claims under laws administered by the Secretary.

(2) The Secretary shall prescribe in regulations (consistent with the Model Rules of Professional Conduct of the American Bar Association) qualifications and standards of conduct for individuals recognized under this section, including a requirement that, as a condition of being so recognized, an individual must—

(A) show that such individual is of good moral character and in good repute, is qualified to render claimants valuable service, and is otherwise competent to assist claimants in presenting claims;

(B) have such level of experience or specialized training as the Secretary shall specify; and

(C) certify to the Secretary that the individual has satisfied any qualifications and standards prescribed by the Secretary under this section.

(3) The Secretary shall prescribe in regulations requirements that each agent or attorney recognized under this section provide annually to the Secretary information about any court, bar, or Federal or State agency to which such agent or attorney is admitted to practice or otherwise authorized to appear, any relevant identification number or numbers, and a certification by such agent or attorney that such agent or attorney is in good standing in every jurisdiction where the agent or attorney is admitted to practice or otherwise authorized to appear.

(4) The Secretary may not recognize an individual as an agent or attorney under paragraph (1) if such individual has been suspended or disbarred by any court, bar, or Federal or State agency to which the individual was previously admitted to practice and has not been subsequently reinstated.

(5) The Secretary may prescribe in regulations reasonable restrictions on the amount of fees that an agent or attorney may charge a claimant for services rendered in the preparation, presentation, and prosecution of a claim before the Department. A fee that does not exceed 20 percent of the past due amount of benefits awarded on a claim shall be presumed to be reasonable.

(6)(A) The Secretary may charge and collect an assessment from an individual recognized as an agent or attorney under this section in any case in which the Secretary pays to the agent or attorney, from past-due benefits owed to a claimant represented by the agent or attorney, an amount as a fee in accordance with a fee arrangement between the claimant and the agent or attorney.

(B) The amount of an assessment under subparagraph (A) shall be equal to five percent of the amount of the fee required to be paid to the agent or attorney, except that the amount of such an assessment may not exceed $100.

(C) The Secretary may collect an assessment under subparagraph (A) by offsetting the amount of the fee otherwise required to be paid to the agent or attorney from the past-due benefits owed to the claimant represented by the agent or attorney.

(D) An agent or attorney who is charged an assessment under subparagraph (A) may not, directly or indirectly, request, receive, or obtain reimbursement for such assessment from the claimant represented by the agent or attorney.

(E) Amounts collected under this paragraph shall be deposited in the account available for administrative expenses for veterans' benefits programs. Amounts so deposited shall be merged with amounts in such account and shall be available for the same purpose, and subject to the same conditions and limitations, as amounts otherwise in such account.

(b) Suspension of Agents and Attorneys.—The Secretary, after notice and opportunity for a hearing, may suspend or exclude from further practice before the Department any agent or attorney recognized under this section if the Secretary finds that such agent or attorney—

(1) has engaged in any unlawful, unprofessional, or dishonest practice;

(2) has been guilty of disreputable conduct;

(3) is incompetent;

(4) has violated or refused to comply with any of the laws administered by the Secretary, or with any of the regulations or instructions governing practice before the Department;

(5) has in any manner deceived, misled, or threatened any actual or prospective claimant;

(6) has presented to the Secretary a frivolous claim, issue, or argument, involving conduct inconsistent with ethical standards for the practice of law;

(7) has been suspended or disbarred by any court or bar to which such agent or attorney was previously admitted to practice, or has been disqualified from participating in or appearing before any Federal agency, and has not been subsequently reinstated;

(8) has charged excessive or unreasonable fees, as determined by the Secretary in accordance with subsection (c)(3)(A); or

(9) has failed to comply with any other condition specified in regulations prescribed by the Secretary for purposes of this subsection.

(c)(1) Except as provided in paragraph (4), in connection with a proceeding before the Department with respect to benefits under laws administered by the Secretary, a fee may not be charged, allowed, or paid for services of agents and attorneys with respect to services provided before the date on which a claimant is provided notice of the agency of original jurisdiction's initial decision under section 5104 of this title with respect to the case. The limitation in the preceding sentence does not apply to fees charged, allowed, or paid for services provided with respect to proceedings before a court.

(2) A person who, acting as agent or attorney in a case referred to in paragraph (1) of this subsection, represents a person before the Department or the Board of Veterans' Appeals after a claimant is provided notice of the agency of original jurisdiction's initial decision under section 5104 of this title with respect to the case shall file a copy of any fee agreement between them with the Secretary pursuant to regulations prescribed by the Secretary.

(3)(A) The Secretary may, upon the Secretary's own motion or at the request of the claimant, review a fee agreement filed pursuant to paragraph (2) and may order a reduction in the fee called for in the agreement if the Secretary finds that the fee is excessive or unreasonable.

(B) A finding or order of the Secretary under subparagraph (A) may be reviewed by the Board of Veterans' Appeals under section 7104 of this title.

(C) If the Secretary under subsection (b) suspends or excludes from further practice before the Department any agent or attorney who collects or receives a fee in excess of the amount authorized under this section, the suspension shall continue until the agent or attorney makes full restitution to each claimant from whom the agent or attorney collected or received an excessive fee. If the agent or attorney makes such restitution, the Secretary may reinstate such agent or attorney under such rules as the Secretary may prescribe.

(4) A reasonable fee may be charged or paid in connection with any proceeding before the Department in a case arising out of a loan made, guaranteed, or insured under chapter 37 of this title. A person who charges a fee under this paragraph shall enter into a written agreement with the person represented and shall file a copy of the fee agreement with the Secretary at such time, and in such manner, as may be specified by the Secretary.

(d) Payment of Fees Out of Past-Due Benefits.—(1) When a claimant and an agent or attorney have entered into a fee agreement described in paragraph (2), the total fee payable to the agent or attorney may not exceed 20 percent of the total amount of any past-due benefits awarded on the basis of the claim.

(2)(A) A fee agreement referred to in paragraph (1) is one under which the total amount of the fee payable to the agent or attorney—

(i) is to be paid to the agent or attorney by the Secretary directly from any past-due benefits awarded on the basis of the claim; and

(ii) is contingent on whether or not the matter is resolved in a manner favorable to the claimant.

(B) For purposes of subparagraph (A), a claim shall be considered to have been resolved in a manner favorable to the claimant if all or any part of the relief sought is granted.

(3) To the extent that past-due benefits are awarded in any proceeding before the Secretary, the Board of Veterans' Appeals, or the United States Court of Appeals for Veterans Claims, the Secretary may direct that payment of any fee to an agent or attorney under a fee arrangement described in paragraph (1) be made out of such past-due benefits. In no event may the Secretary withhold for the purpose of such payment any portion of benefits payable for a period after the date of the final decision of the Secretary, the Board of Veterans' Appeals, or Court of Appeals for Veterans Claims making (or ordering the making of) the award.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1238, §3404; Pub. L. 99–576, title VII, §701(80), Oct. 28, 1986, 100 Stat. 3298; Pub. L. 100–687, div. A, title I, §104(a), Nov. 18, 1988, 102 Stat. 4108; renumbered §5904 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)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 102–405, title III, §303(a), Oct. 9, 1992, 106 Stat. 1985; Pub. L. 103–446, title V, §504(a), Nov. 2, 1994, 108 Stat. 4663; Pub. L. 105–368, title V, §512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 109–461, title I, §101(a)(1), (b), (c)(1), (d)–(f), Dec. 22, 2006, 120 Stat. 3405, 3407, 3408; Pub. L. 115–55, §2(n), Aug. 23, 2017, 131 Stat. 1110.)

Editorial Notes

Amendments

2017—Subsec. (c)(1), (2). Pub. L. 115–55 substituted "claimant is provided notice of the agency of original jurisdiction's initial decision under section 5104 of this title" for "notice of disagreement is filed".

2006—Subsec. (a). Pub. L. 109–461, §101(a)(1)(A), inserted heading.

Subsec. (a)(1). Pub. L. 109–461, §101(a)(1)(A)–(C), designated existing provisions as par. (1), substituted "Except as provided in paragraph (4), the Secretary may recognize" for "The Secretary may recognize", and struck out last sentence which read as follows: "The Secretary may require that individuals, before being recognized under this section, show that they are of good moral character and in good repute, are qualified to render claimants valuable service, and otherwise are competent to assist claimants in presenting claims."

Subsec. (a)(2) to (6). Pub. L. 109–461, §101(a)(1)(D), added pars. (2) to (6).

Subsec. (b). Pub. L. 109–461, §101(b)(1), inserted heading.

Subsec. (b)(6) to (9). Pub. L. 109–461, §101(b)(2)–(4), added pars. (6) to (9).

Subsec. (c)(1). Pub. L. 109–461, §101(e)(1), substituted "paragraph (4)" for "paragraph (3)".

Pub. L. 109–461, §101(c)(1), substituted "a notice of disagreement is filed with respect to" for "the Board of Veterans' Appeals first makes a final decision in", struck out "Such a fee may be charged, allowed, or paid in the case of services provided after such date only if an agent or attorney is retained with respect to such case before the end of the one-year period beginning on that date." before "The limitation", and inserted "fees charged, allowed, or paid for" after "does not apply to".

Subsec. (c)(2). Pub. L. 109–461, §101(d), substituted "after a notice of disagreement is filed with respect to the case" for "after the Board first makes a final decision in the case" and "with the Secretary pursuant to regulations prescribed by the Secretary" for "with the Board at such time as may be specified by the Board" and struck out at end: "The Board, upon its own motion or the request of either party, may review such a fee agreement and may order a reduction in the fee called for in the agreement if the Board finds that the fee is excessive or unreasonable. A finding or order of the Board under the preceding sentence may be reviewed by the United States Court of Appeals for Veterans Claims under section 7263(d) of this title."

Subsec. (c)(3), (4). Pub. L. 109–461, §101(e)(2), (3), added par. (3) and redesignated former par. (3) as (4).

Subsec. (d). Pub. L. 109–461, §101(f)(1), inserted heading.

Subsec. (d)(1). Pub. L. 109–461, §101(f)(2), (3), inserted "agent or" before "attorney" in two places and struck out "of this subsection" after "paragraph (2)".

Subsec. (d)(2)(A). Pub. L. 109–461, §101(f)(2), inserted "agent or" before "attorney" in introductory provisions and in cl. (i).

Subsec. (d)(2)(B). Pub. L. 109–461, §101(f)(4), struck out "of this paragraph" after "subparagraph (A)".

Subsec. (d)(3). Pub. L. 109–461, §101(f)(5), substituted "fee to an agent or attorney" for "attorneys' fee" and struck out "of this subsection" after "paragraph (1)".

1998—Subsecs. (c)(2), (d)(3). Pub. L. 105–368 substituted "Court of Appeals for Veterans Claims" for "Court of Veterans Appeals" wherever appearing.

1994—Subsec. (d)(2)(A). Pub. L. 103–446 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "A fee agreement referred to in paragraph (1) of this subsection is one under which (i) the amount of the fee payable to the attorney is to be paid to the attorney by the Secretary directly from any past-due benefits awarded on the basis of the claim, and (ii) the amount of the fee is contingent on whether or not the matter is resolved in a manner favorable to the claimant."

1992—Subsec. (c)(1). Pub. L. 102–405, §303(a)(1), substituted "Except as provided in paragraph (3), in" for "In".

Subsec. (c)(3). Pub. L. 102–405, §303(a)(2), added par. (3).

1991—Pub. L. 102–40, §402(b)(1), renumbered section 3404 of this title as this section.

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

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

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

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

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

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

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

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

Pub. L. 102–40, §402(d)(1), substituted "7263(d)" for "4063(d)".

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

1988—Subsecs. (c), (d). Pub. L. 100–687 added subsecs. (c) and (d) and struck out former subsec. (c) which read as follows: "The Administrator shall determine and pay fees to agents or attorneys recognized under this section in allowed claims for monetary benefits under laws administered by the Veterans' Administration. Such fees—

"(1) shall be determined and paid as prescribed by the Administrator;

"(2) shall not exceed $10 with respect to any one claim; and

"(3) shall be deducted from monetary benefits claimed and allowed."

1986—Subsec. (b). Pub. L. 99–576 substituted "the Administrator" for "he" in introductory text.

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 2006 Amendment

Pub. L. 109–461, title I, §101(h), Dec. 22, 2006, 120 Stat. 3408, provided that: "The amendments made by subsections (c)(1) and (d) [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Dec. 22, 2006] and shall apply with respect to services of agents and attorneys that are provided with respect to cases in which notices of disagreement are filed on or after that date."

Pub. L. 109–461, title I, §101(i), Dec. 22, 2006, 120 Stat. 3408, provided that: "No assessments on fees may be collected under paragraph (6) of section 5904(a) of title 38, United States Code (as added by subsection (a)(1)(D) of this section), until the date on which the Secretary of Veterans Affairs prescribes the regulations [regulations prescribed effective June 23, 2008, see 73 F.R. 29851] required by the amendments made by this section [amending this section and sections 5902, 5903, and 5905 of this title]."

Effective Date of 1998 Amendment

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

Effective Date of 1994 Amendment

Pub. L. 103–446, title V, §504(b), Nov. 2, 1994, 108 Stat. 4664, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fee agreements entered into on or after the date of the enactment of this Act [Nov. 2, 1994]."

Effective Date of 1992 Amendment

Pub. L. 102–405, title III, §303(b), Oct. 9, 1992, 106 Stat. 1985, provided that: "Paragraph (3) [now (4)] of section 5904(c) of title 38, United States Code, as added by subsection (a), shall apply with respect to services of agents and attorneys provided after the date of the enactment of this Act [Oct. 9, 1992]."

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–687 effective Sept. 1, 1989, see section 401(a) of Pub. L. 100–687, set out as an Effective Date note under section 7251 of this title.

Fee Agreements

Subsec. (d) of this section not to prevent award of fees and expenses under section 2412(d) of Title 28, Judiciary and Judicial Procedure, but subsec. (d) of this section inapplicable to such award where fees for the same work are received under both sections and claimant's attorney refunds to claimant amount of smaller fee, see section 506(c) of Pub. L. 102–572, set out as a note under section 2412 of Title 28.

Applicability to Attorneys' Fees

Pub. L. 100–687, title IV, §403, Nov. 18, 1988, 102 Stat. 4122, which provided that the amendment to subsec. (c) of this section by section 104(a) of Pub. L. 100–687 applied only to services of agents and attorneys in cases in which a notice of disagreement was filed with the Department of Veterans Affairs on or after Nov. 18, 1988, was repealed by Pub. L. 107–103, title VI, §603(b), Dec. 27, 2001, 115 Stat. 999.

[Repeal of section 403 of Pub. L. 100–687, formerly set out above, applicable to any appeal filed with the United States Court of Appeals for Veterans Claims on or after Dec. 27, 2001, or before that date but in which a final decision has not been made under section 7291 of this title as of that date, see section 603(d) of Pub. L. 107–103, set out as a note under section 7251 of this title.]
38 U.S.C. § 4107 (2024) — Title 38: VETERANS' BENEFITS / Chapter 41 / Section 4107: Administrative controls; annual report
Administrative controls; annual report
Status: in_force

(a) The Secretary shall establish administrative controls for the following purposes:

(1) To insure that each eligible veteran, especially veterans of the Vietnam era and disabled veterans, and each eligible person who requests assistance under this chapter shall promptly be placed in a satisfactory job or job training opportunity or receive some other specific form of assistance designed to enhance such veteran's and eligible person's employment prospects substantially, such as individual job development or intensive services.

(2) To determine whether or not the employment service agencies in each State have committed the necessary staff to insure that the provisions of this chapter are carried out; and to arrange for necessary corrective action where staff resources have been determined by the Secretary to be inadequate.

(b) The Secretary shall apply performance standards established under section 4102A(f) of this title for determining compliance by the State public employment service agencies with the provisions of this chapter and chapter 42 of this title. Not later than February 1 of each year, the Secretary shall report to the Committees on Veterans' Affairs of the Senate and the House of Representatives on the performance of States and organizations and entities carrying out employment, training, and placement services under this chapter, as measured under subsection (b)(7) of section 4102A of this title. In the case of a State that the Secretary determines has not met the minimum standard of performance (established by the Secretary under subsection (f) of such section), the Secretary shall include an analysis of the extent and reasons for the State's failure to meet that minimum standard, together with the State's plan for corrective action during the succeeding year.

(c) Not later than February 1 of each year, the Secretary shall report to the Committees on Veterans' Affairs of the Senate and the House of Representatives on the success during the preceding program year of the Department of Labor and its affiliated State employment service agencies in carrying out the provisions of this chapter and programs for the provision of employment and training services to meet the needs of eligible veterans and eligible persons. The report shall include—

(1) specification, by State and by age group, of the numbers of eligible veterans, disabled veterans, special disabled veterans, eligible persons, recently separated veterans (as defined in section 4211(6) of this title), and servicemembers transitioning to civilian careers who registered for assistance with, or who are identified as veterans by, the public employment service system and, for each of such categories, the numbers referred to and placed in permanent and other jobs, the numbers referred to and placed in jobs and job training programs supported by the Federal Government, the number who received intensive services, and the number who received some, and the number who received no, reportable service;

(2) a comparison of the rate of entered employment (as determined in a manner consistent with State performance measures applicable under section 136(b) 1 of the Workforce Investment Act of 1998) for each of the categories of veterans and persons described in paragraph (1) of this subsection with such rate of entered employment (as so determined) for nonveterans of the same age groups registered for assistance with the public employment system in each State;

(3) any determination made by the Secretary during the preceding fiscal year under section 4106 of this title or subsection (a)(2) of this section and a statement of the reasons for such determination;

(4) a report on activities carried out during the preceding program year under section 4212(d) of this title;

(5) a report on the operation during the preceding program year of programs for the provision of employment and training services designed to meet the needs of eligible veterans and eligible persons, including an evaluation of the effectiveness of such programs during such program year in meeting the requirements of section 4102A(b) of this title, the efficiency with which services were provided through such programs during such year, and such recommendations for further legislative action relating to veterans' employment and training as the Secretary considers appropriate;

(6) a report on the operation during the preceding program year of the program of performance incentive awards for quality employment services under section 4112 of this title; and

(7) performance measures for the provision of assistance under this chapter, including—

(A) the percentage of participants in programs under this chapter who find employment before the end of the first 90-day period following their completion of the program;

(B) the percentage of participants described in subparagraph (A) who are employed during the first 180-day period following the period described in such subparagraph;

(C) the median earnings of participants described in subparagraph (A) during the period described in such subparagraph;

(D) the median earnings of participants described in subparagraph (B) during the period described in such subparagraph; and

(E) the percentage of participants in programs under this chapter who obtain a certificate, degree, diploma, licensure, or industry-recognized credential relating to the program in which they participated under this chapter during the third 90-day period following their completion of the program.

(Added Pub. L. 92–540, title V, §502(a), Oct. 24, 1972, 86 Stat. 1096, §2007; amended Pub. L. 93–508, title IV, §401(f), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 94–502, title VI, §604, Oct. 15, 1976, 90 Stat. 2404; Pub. L. 95–202, title III, §309(b), Nov. 23, 1977, 91 Stat. 1446; Pub. L. 96–466, title V, §507, Oct. 17, 1980, 94 Stat. 2205; Pub. L. 97–306, title III, §307, Oct. 14, 1982, 96 Stat. 1440; Pub. L. 100–323, §§2(d), 15(a)(2), May 20, 1988, 102 Stat. 558, 574; renumbered §4107 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107–288, §§4(a)(3)(B), (e)(1), 5(a)(1)(D), (E), (d)(1), Nov. 7, 2002, 116 Stat. 2042, 2044, 2045; Pub. L. 112–56, title II, §238, Nov. 21, 2011, 125 Stat. 726.)

Editorial Notes

References in Text

Section 136(b) of the Workforce Investment Act of 1998, referred to in subsec. (c)(2), was classified to section 2871(b) of Title 29, Labor, prior to repeal by Pub. L. 113–128, title V, §511(a), July 22, 2014, 128 Stat. 1705, effective July 1, 2015. Pursuant to section 3361(a) of Title 29, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. For corresponding provision, see section 116 of Pub. L. 113–128, which is classified to section 3141 of Title 29.

Prior Provisions

Prior section 4107, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1245; Pub. L. 86–568, title I, §114(f), July 1, 1960, 74 Stat. 301; Pub. L. 87–793, §802, Oct. 11, 1962, 76 Stat. 860; Pub. L. 88–426, title I, §118, Aug. 14, 1964, 78 Stat. 410; Pub. L. 89–301, §7, Oct. 29, 1965, 79 Stat. 1117; Pub. L. 89–504, title I, §105, July 18, 1966, 80 Stat. 291; Pub. L. 89–785, title I, §107(a), Nov. 7, 1966, 80 Stat. 1370; Pub. L. 90–206, title II, §208, Dec. 16, 1967, 81 Stat. 631; Pub. L. 91–496, §2, Oct. 22, 1970, 84 Stat. 1092; Pub. L. 93–82, title II, §203, Aug. 2, 1973, 87 Stat. 188; Pub. L. 94–123, §§2(b), 5(d), Oct. 22, 1975, 89 Stat. 669, 675; Pub. L. 94–581, title I, §110(6), title II, §§209(a)(1), (2), (b)(2), (c)(3), 210(c)(4), Oct. 21, 1976, 90 Stat. 2848, 2860, 2861, 2863; Pub. L. 95–201, §5(a)(1), (2), Nov. 23, 1977, 91 Stat. 1432; Pub. L. 96–22, title V, §504, June 13, 1979, 93 Stat. 65; Pub. L. 96–330, title I, §§105(c), 111, 112, Aug. 26, 1980, 94 Stat. 1036, 1037; Pub. L. 96–385, title V, §508(a), Oct. 7, 1980, 94 Stat. 1538; Pub. L. 97–251, §2(a)–(c), Sept. 8, 1982, 96 Stat. 711, 712; Pub. L. 97–295, §4(82), Oct. 12, 1982, 96 Stat. 1311; Pub. L. 98–160, title II, §204, Nov. 21, 1983, 97 Stat. 1001; Pub. L. 98–528, title I, §§101(b), 109, Oct. 19, 1984, 98 Stat. 2688, 2691; Pub. L. 99–576, title VII, §701(87), Oct. 28, 1986, 100 Stat. 3299; Pub. L. 100–322, title II, §§211(b), 212(b), 213, 214(a), (b), 217, May 20, 1988, 102 Stat. 514, 516, 530; Pub. L. 100–687, div. B, title XV, §1506(b)(2), Nov. 18, 1988, 102 Stat. 4136; Pub. L. 101–237, title II, §§204, 205(a), Dec. 18, 1989, 103 Stat. 2067; Pub. L. 101–366, title I, §§101(c), 102(c), 103, Aug. 15, 1990, 104 Stat. 430, 436, 437, related to grades and pay scales of positions in Department of Medicine and Surgery, prior to repeal by Pub. L. 102–40, title IV, §401(a)(3), May 7, 1991, 105 Stat. 210. See sections 7404, 7426, and 7453 to 7457 of this title.

Amendments

2011—Subsec. (c)(2). Pub. L. 112–56, §238(1), substituted "paragraph (1)" for "clause (1)".

Subsec. (c)(7). Pub. L. 112–56, §238(2)–(4), added par. (7).

2002—Subsec. (a)(1). Pub. L. 107–288, §5(a)(1)(D), substituted "intensive services" for "employment counseling services".

Subsec. (b). Pub. L. 107–288, §5(d)(1)(E), inserted second and third sentences and struck out former second sentence which read as follows: "A full report as to the extent and reasons for any noncompliance by any such State agency during any fiscal year, together with the agency's plan for corrective action during the succeeding year, shall be included in the annual report of the Secretary required by subsection (c) of this section."

Pub. L. 107–288, §4(a)(3)(B), substituted "The Secretary shall apply performance standards established under section 4102A(f) of this title" for "The Secretary shall establish definitive performance standards".

Subsec. (c)(1). Pub. L. 107–288, §5(d)(1)(A), struck out "veterans of the Vietnam era," before "disabled veterans, special" and substituted "eligible persons, recently separated veterans (as defined in section 4211(6) of this title), and servicemembers transitioning to civilian careers who registered for assistance with, or who are identified as veterans by," for "and eligible persons who registered for assistance with".

Pub. L. 107–288, §5(a)(1)(E), substituted "the number who received intensive services" for "the number counseled".

Subsec. (c)(2). Pub. L. 107–288, §5(d)(1)(B), substituted "the rate of entered employment (as determined in a manner consistent with State performance measures applicable under section 136(b) of the Workforce Investment Act of 1998) for each of the categories" for "the job placement rate for each of the categories" and "such rate of entered employment (as so determined) for nonveterans" for "the job placement rate for nonveterans".

Subsec. (c)(4). Pub. L. 107–288, §5(d)(1)(C), substituted "section 4212(d)" for "sections 4103A and 4104".

Subsec. (c)(5). Pub. L. 107–288, §4(e)(1), struck out "(including the need for any changes in the formulas governing the appointment of disabled veterans' outreach program specialists under section 4103A(a)(2) of this title and the assignment of local veterans' employment representatives under section 4104(b) of this title and the allocation of funds for the support of such specialists and representatives)" after "further legislative action".

Subsec. (c)(6). Pub. L. 107–288, §5(d)(1)(D), added par. (6).

1991—Pub. L. 102–83, §5(a), renumbered section 2007 of this title as this section.

Subsec. (c)(3) to (5). Pub. L. 102–83, §5(c)(1), substituted "4106" for "2006" in par. (3), "4103A and 4104" for "2003A and 2004" in par. (4), and "4102A(b)" for "2002A(b)", "4103A(a)(2)" for "2003A(a)(2)", and "4104(b)" for "2004(b)" in par. (5).

1988—Subsecs. (a), (b). Pub. L. 100–323, §15(a)(2), struck out "of Labor" after "Secretary" in four places.

Subsec. (c). Pub. L. 100–323, §2(d), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The Secretary of Labor shall report annually to the Congress on the success of the Department of Labor and its affiliated State employment service agencies in carrying out the provisions of this chapter. The report shall include, by State, specification of the numbers of eligible veterans, veterans of the Vietnam era, disabled veterans, special disabled veterans, and eligible persons who registered for assistance with the public employment service system and, of each of such categories, the number referred to jobs, the number placed in permanent jobs as defined by the Secretary, the number referred to and the number placed in employment and job training programs supported by the Federal Government, the number counseled, and the number who received some reportable service. The report shall also include any determination by the Secretary under section 2004, 2006, or 2007(a) of this title and a statement of the reasons for such determination. The report shall also include a report on activities carried out under section 2003A of this title."

1982—Subsec. (c). Pub. L. 97–306 inserted provision that the report shall also include a report on activities carried out under section 2003A of this title.

1980—Subsec. (a)(1). Pub. L. 96–466, §507(1), substituted "veterans of the Vietnam era and disabled veterans" for "those veterans who have been recently discharged or released from active duty".

Subsec. (c). Pub. L. 96–466, §507(2), substituted provisions that the report include, by State, specification of the numbers of eligible veterans, veterans of the Vietnam era, disabled veterans, special disabled veterans, and eligible persons who registered for assistance with the public employment service system and, of each of such categories, the number referred to jobs, the number placed in permanent jobs, the number referred to and the number placed in employment and job training programs supported by the Federal Government, the number counseled, and the number who received some reportable service for provisions that the report include, by State, the number of recently discharged or released eligible veterans, veterans with service-connected disabilities, other eligible veterans, and eligible persons who requested assistance through the public employment service and, of these, the number placed in suitable employment or job training opportunities or who were otherwise assisted, with separate reference to occupational training and public service employment under appropriate Federal law.

1977—Subsec. (c). Pub. L. 95–202 directed that "2004" be substituted for "2001". Since subsec. (c) already contained a reference to "2004" not "2001", the amendment has been carried as a reenactment of subsec. (c) without change.

1976—Subsec. (a)(1). Pub. L. 94–502, §604(1), substituted "such veteran's and eligible person's" for "his".

Subsec. (c). Pub. L. 94–502, §604(2), (3), substituted "occupational training and public service employment" for "occupational training" and "section 2004, 2006, or 2007(a)" for "section 2004 or 2006".

1974—Subsec. (a)(1). Pub. L. 93–508, §401(f)(1), substituted "active duty and each eligible person" for "active duty".

Subsec. (b). Pub. L. 93–508, §401(f)(2), added subsec. (b) and redesignated former subsec. (b) as (c).

Subsec. (c). Pub. L. 93–508, §401(f)(2), (3), redesignated former subsec. (b) as (c) and substituted "other eligible veterans, and eligible persons" for "and other eligible veterans".

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by section 4(a)(3)(B) of Pub. L. 107–288 effective Nov. 7, 2002, and applicable for program and fiscal years under this chapter beginning on or after such date, see section 4(a)(4) of Pub. L. 107–288, set out as a note under section 4102A of this title.

Pub. L. 107–288, §5(d)(2), Nov. 7, 2002, 116 Stat. 2046, provided that: "The amendments made by paragraph (1) [amending this section] shall apply to reports for program years beginning on or after July 1, 2003."

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–466 effective Oct. 1, 1980, see section 802(e) of Pub. L. 96–466, set out as a note under section 4101 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–202 effective Nov. 23, 1977, see section 501 of Pub. L. 95–202, set out as a note under section 101 of this title.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–502 effective Dec. 1, 1976, see section 703(c) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–508 effective Dec. 3, 1974, see section 503 of Pub. L. 93–508, set out as a note under section 3452 of this title.

Effective Date

Section effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92–540, set out as an Effective Date of 1972 Amendment note under section 4101 of this title.

Publication of Labor-Market Statistics Relating to Veterans Who Served in Vietnam Theatre of Operations

Pub. L. 96–466, title V, §513, Oct. 17, 1980, 94 Stat. 2207, provided that:

"(a) When the Commissioner of the Bureau of Labor Statistics publishes annual labor-market statistics relating specifically to veterans who served in the Armed Forces during the Vietnam era, the Commissioner shall also publish separate labor-market statistics on the same subject matter which apply only to veterans who served in the Vietnam theatre of operations. When the Commissioner of the Bureau of Labor Statistics publishes labor-market statistics which relate specifically to veterans who served in the Armed Forces during the Vietnam era in addition to those statistics published on an annual basis to which the preceding sentence applies, the Commissioner shall also, if feasible, publish separate labor-market statistics on the same subject matter which apply only to veterans who served in the Vietnam theatre of operations.

"(b) For the purposes of this section, veterans who during the Vietnam era served in Vietnam, in air missions over Vietnam, or in naval missions in the waters adjacent to Vietnam shall be considered to be veterans who served in the Vietnam theatre of operations."

[Pub. L. 96–466, title VIII, §802(e), Oct. 17, 1980, 94 Stat. 2218, provided in part that the provisions of section 513 of Pub. L. 96–466, set out above, shall become effective on Oct. 1, 1980.]

1 See References in Text note below.
38 U.S.C. § 2411 (2024) — Title 38: VETERANS' BENEFITS / Chapter 24 / Section 2411: Prohibition against interment or memorialization in the National Cemetery Administration or Arlington National Cemetery of persons committing certain Federal or State crimes
Prohibition against interment or memorialization in the National Cemetery Administration or Arlington National Cemetery of persons committing certain Federal or State crimes
Status: in_force

(a)(1) In the case of a person described in subsection (b), the appropriate Federal official may not—

(A) inter the remains of such person in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or

(B) honor the memory of such person in a memorial area in a cemetery in the National Cemetery Administration (described in section 2403(a) of this title) or in such an area in Arlington National Cemetery (described in section 2409(a) of this title).

(2) In the case of a person described in subsection (b)(1), (b)(2), or (b)(4), the prohibition under paragraph (1) shall not apply unless written notice of a conviction referred to in subsection (b)(1), (b)(2), or (b)(4), as the case may be, is received by the appropriate Federal official before the interment or memorialization of such person. Such written notice shall be furnished to such official by the Attorney General, in the case of a Federal crime, or by an appropriate State official, in the case of a State crime.

(b) A person referred to in subsection (a) is any of the following:

(1) A person who has been convicted of a Federal capital crime and whose conviction is final (other than a person whose sentence was commuted by the President).

(2) A person who has been convicted of a State capital crime and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State).

(3) A person who—

(A) is found (as provided in subsection (c)) to have committed a Federal capital crime or a State capital crime, but

(B) has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution.

(4) A person—

(A) who has been convicted of a Federal or State crime causing the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.); and

(B) who, for such crime, is sentenced to a minimum of life imprisonment or to a period of 99 years or more; and

(C) whose conviction is final (other than a person whose sentence was commuted by the President or Governor of a State, as the case may be).

(5) A person who—

(A) is found (as provided in subsection (c)) to have committed a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.); but

(B) has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution.

(c) A finding under paragraph (3) or (5) of subsection (b) shall be made by the appropriate Federal official. Any such finding may only be made based upon a showing of clear and convincing evidence, after an opportunity for a hearing in a manner prescribed by the appropriate Federal official.

(d)(1) In a case described in subsection (e), the appropriate Federal official may reconsider a decision to—

(A) inter the remains of a person in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or

(B) honor the memory of a person in a memorial area in a cemetery in the National Cemetery Administration (described in section 2403(a) of this title) or in such an area in Arlington National Cemetery (described in section 2409(a) of this title).

(2)(A)(i) In a case described in subsection (e)(1)(A), the appropriate Federal official shall provide notice to the deceased person's next of kin or other person authorized to arrange burial or memorialization of the deceased person of the decision of the appropriate Federal official to disinter the remains of the deceased person or to remove a memorial headstone or marker memorializing the deceased person.

(ii) In a case described in subsection (e)(1)(B), if the appropriate Federal official finds, based upon a showing of clear and convincing evidence and after an opportunity for a hearing in a manner prescribed by the appropriate Federal official, that the person had committed a Federal capital crime, a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.), but had not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution, the appropriate Federal official shall provide notice to the deceased person's next of kin or other person authorized to arrange burial or memorialization of the deceased person of the decision of the appropriate Federal official to disinter the remains of the deceased person or to remove a memorial headstone or marker memorializing the deceased person.

(B) Notice under subparagraph (A) shall be provided by the appropriate Federal official as follows:

(i) By the Secretary in accordance with section 5104 of this title.

(ii) By the Secretary of Defense in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this subsection.

(3)(A) Notwithstanding any other provision of law, the next of kin or other person authorized to arrange burial or memorialization of the deceased person shall be allowed a period of 60 days from the date of the notice required by paragraph (2) to file a notice of disagreement with the Federal official that provided the notice.

(B)(i) A notice of disagreement filed with the Secretary under subparagraph (A) shall be treated as a notice of disagreement filed under section 7105 of this title and shall initiate appellate review in accordance with the provisions of chapter 71 of this title.

(ii) A notice of disagreement filed with the Secretary of Defense under subparagraph (A) shall be decided in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this subsection.

(4) When the decision of the appropriate Federal official to disinter the remains or remove a memorial headstone or marker of the deceased person becomes final either by failure to appeal the decision in accordance with paragraph (3)(A) or by final disposition of the appeal pursuant to paragraph (3)(B), the appropriate Federal official may take any of the following actions:

(A) Disinter the remains of the person from the cemetery in the National Cemetery Administration or in Arlington National Cemetery and provide for the reburial or other appropriate disposition of the disinterred remains in a place other than a cemetery in the National Cemetery Administration or in Arlington National Cemetery.

(B) Remove from a memorial area in a cemetery in the National Cemetery Administration or in Arlington National Cemetery any memorial headstone or marker placed to honor the memory of the person.

(e)(1) A case described in this subsection is a case in which the appropriate Federal official receives—

(A) written notice of a conviction referred to in subsection (b)(1), (b)(2), or (b)(4) of a person described in paragraph (2); or

(B) information that a person described in paragraph (2) may have committed a Federal capital crime, a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.), but was not convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution.

(2) A person described in this paragraph is a person—

(A) whose remains have been interred in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or

(B) whose memory has been honored in a memorial area in a cemetery in the National Cemetery Administration or in such an area in Arlington National Cemetery.

(f) For purposes of this section:

(1) The term "Federal capital crime" means an offense under Federal law for which a sentence of imprisonment for life or the death penalty may be imposed.

(2) The term "State capital crime" means, under State law, the willful, deliberate, or premeditated unlawful killing of another human being for which a sentence of imprisonment for life or the death penalty may be imposed.

(3) The term "appropriate Federal official" means—

(A) the Secretary, in the case of the National Cemetery Administration; and

(B) the Secretary of the Army, in the case of Arlington National Cemetery.

(Added Pub. L. 105–116, §1(a), Nov. 21, 1997, 111 Stat. 2381; amended Pub. L. 105–368, title IV, §403(d)(1), Nov. 11, 1998, 112 Stat. 3339; Pub. L. 107–330, title II, §202, Dec. 6, 2002, 116 Stat. 2824; Pub. L. 109–163, div. A, title VI, §662(a), Jan. 6, 2006, 119 Stat. 3314; Pub. L. 112–260, title I, §105(a), (b), Jan. 10, 2013, 126 Stat. 2421; Pub. L. 113–65, §2(a), (b), Dec. 20, 2013, 127 Stat. 669, 671; Pub. L. 114–58, title VI, §601(14), Sept. 30, 2015, 129 Stat. 539; Pub. L. 117–355, §6(a), Jan. 5, 2023, 136 Stat. 6280.)

Editorial Notes

References in Text

The Sex Offender Registration and Notification Act, referred to in subsecs. (b)(4)(A), (5)(A), (d)(2)(A)(ii), and (e)(1)(B), is title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, which is classified principally to subchapter I (§20901 et seq.) of chapter 209 of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see section 101 of Pub. L. 109–248, set out as a Short Title of 2006 Act note under section 10101 of Title 34, and Tables.

Amendments

2023—Pub. L. 117–355, §6(a)(1), substituted "certain Federal or State crimes" for "Federal or State capital crimes" in section catchline.

Subsec. (b)(4)(A). Pub. L. 117–355, §6(a)(2)(A)(i), substituted "(34 U.S.C. 20901 et seq.); and" for "(42 U.S.C. 16901 et seq.);".

Subsec. (b)(4)(B). Pub. L. 117–355, §6(a)(2)(A)(ii), inserted "or to a period of 99 years or more" after "life imprisonment".

Subsec. (b)(5). Pub. L. 117–355, §6(a)(2)(B), added par. (5).

Subsec. (c). Pub. L. 117–355, §6(a)(3), substituted "paragraph (3) or (5) of subsection (b)" for "subsection (b)(3)".

Subsec. (d)(2)(A)(ii). Pub. L. 117–355, §6(a)(4), substituted ", a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.)," for "or a State capital crime".

Subsec. (e)(1)(B). Pub. L. 117–355, §6(a)(5), substituted ", a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.)," for "or a State capital crime".

2015—Subsec. (e)(1). Pub. L. 114–58 substituted "Federal official" for "federal official" in introductory provisions.

2013—Subsec. (a)(2). Pub. L. 113–65, §2(b), struck out "such official approves an application for" after "received by the appropriate Federal official before".

Pub. L. 112–260, §105(b), substituted ", (b)(2), or (b)(4)" for "or (b)(2)" in two places and struck out "capital" before "crime" in two places.

Subsec. (b)(4). Pub. L. 112–260, §105(a), added par. (4).

Subsecs. (d) to (f). Pub. L. 113–65, §2(a), added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).

2006—Subsec. (b)(1). Pub. L. 109–163, §662(a)(1)(A), substituted "and whose conviction is final (other than a person whose sentence was commuted by the President)" for "for which the person was sentenced to death or life imprisonment".

Subsec. (b)(2). Pub. L. 109–163, §662(a)(1)(B), substituted "and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State)" for "for which the person was sentenced to death or life imprisonment without parole".

Subsec. (d)(1). Pub. L. 109–163, §662(a)(2)(A), substituted "a sentence of imprisonment for life or the death penalty may be imposed" for "the death penalty or life imprisonment may be imposed".

Subsec. (d)(2). Pub. L. 109–163, §662(a)(2)(B), substituted "a sentence of imprisonment for life or the death penalty may be imposed" for "the death penalty or life imprisonment without parole may be imposed".

2002—Subsec. (a)(2). Pub. L. 107–330 substituted "In the case of a person described in subsection (b)(1) or (b)(2), the prohibition" for "The prohibition" and "referred to in subsection (b)(1) or (b)(2), as the case may be," for "or finding under subsection (b)".

1998—Pub. L. 105–368, §403(d)(1), substituted "Administration" for "System" in section catchline.

Subsecs. (a)(1)(A), (B), (d)(3)(A). Pub. L. 105–368, §403(d)(1), substituted "Administration" for "System".

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 113–65, §2(c), Dec. 20, 2013, 127 Stat. 671, provided that: "The amendments made by this section [amending this section] shall apply with respect to any interment or memorialization conducted by the Secretary of Veterans Affairs or the Secretary of the Army in a cemetery in the National Cemetery Administration or in Arlington National Cemetery after the date of the enactment of this Act [Dec. 20, 2013]."

Pub. L. 112–260, title I, §105(c), Jan. 10, 2013, 126 Stat. 2421, provided that: "The amendments made by this section [amending this section] shall apply with respect to interments and memorializations that occur on or after the date of the enactment of this Act [Jan. 10, 2013]."

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–163 applicable with respect to funerals and burials that occur on or after Jan. 6, 2006, see section 662(e) of Pub. L. 109–163, set out as a note under section 985 of Title 10, Armed Forces.

Effective Date

Pub. L. 105–116, §1(c), Nov. 21, 1997, 111 Stat. 2382, provided that: "Section 2411 of title 38, United States Code, as added by subsection (a), shall apply with respect to applications for interment or memorialization made on or after the date of the enactment of this Act [Nov. 21, 1997]."

Regulations

Pub. L. 109–163, div. A, title VI, §662(d)(1), Jan. 6, 2006, 119 Stat. 3315, provided that: "The Secretary of Veterans Affairs shall prescribe regulations to ensure that a person is not interred in any cemetery in the National Cemetery System unless a good faith effort has been made to determine whether such person is ineligible for such interment or honors by reason of being a person described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment under Federal law."
38 U.S.C. § 3485 (2024) — Title 38: VETERANS' BENEFITS / Chapter 34 / Subchapter IV / Section 3485: Work-study allowance
Work-study allowance
Status: in_force

(a)(1) In accordance with paragraph (4), individuals utilized under the authority of subsection (b) shall be paid an additional educational assistance allowance (hereinafter in this section referred to as "work-study allowance"). Such allowance shall be paid in return for an individual's entering into an agreement described in paragraph (3).

(2) Such work-study allowance shall be paid in an amount equal to the product of—

(A) the applicable hourly minimum wage; and

(B) the number of hours worked during the applicable period.

(3) An agreement described in this paragraph is an agreement of an individual to perform services, during or between periods of enrollment, aggregating not more than a number of hours equal to 25 times the number of weeks in the semester or other applicable enrollment period, required in connection with a qualifying work-study activity.

(4)(A) With respect to covered work-study activities, the Secretary shall carry out this section by providing to participating educational institutions an annual amount for the institution to use in paying work-study allowance under paragraph (1) to individuals enrolled at the institution.

(B) With respect to a participating educational institution that participated in the work-study program under this section during the academic year beginning August 1, 2018, the Secretary shall determine the annual amount to provide to the educational institution under subparagraph (A) as follows:

(i) For the academic year beginning August 1, 2020, the amount shall be the total amount, determined in consultation with the educational institution, that the Secretary paid under this section for covered work-study activities to individuals enrolled at such educational institution during the academic year beginning August 1, 2018.

(ii) Except as provided by clauses (ii) or (iii) of subparagraph (D), for each academic year beginning on or after August 1, 2021, the amount shall be the total amount the educational institution paid under this section for work-study allowance for covered work-study activities to individuals enrolled at such educational institution during the previous academic year in which individuals participated in the work-study program.

(C) With respect to a participating educational institution that did not participate in the work-study program under this section during the academic year beginning August 1, 2018, the Secretary shall determine the annual amount to provide to the educational institution under subparagraph (A) as follows:

(i) For the first academic year in which the educational institution participates in the work-study program beginning on or after August 1, 2020, the amount shall be an amount, determined in consultation with the educational institution, that the Secretary determines appropriate based on amounts provided to similar educational institutions pursuant to subparagraph (B).

(ii) Except as provided by clauses (ii) or (iii) of subparagraph (D), for each academic year occurring after the academic year specified in clause (i), the amount shall be the total amount the educational institution paid under this section for work-study allowance for covered work-study activities to individuals enrolled at such educational institution during the previous academic year in which individuals enrolled at such educational institution participated in the work-study program.

(D)(i) Except as provided in clause (ii), if the Secretary provides an annual amount to a participating educational institution under subparagraph (B) or (C) that is more than the total amount the educational institution pays to individuals under paragraph (1) for covered work-study activities, the educational institution shall return to the Secretary the unpaid amount and the Secretary shall transfer such amount into the general fund of the Treasury.

(ii) If the annual amount provided to a participating educational institution under subparagraph (B) or (C) is more, but less than 25 percent more, than the total amount the educational institution pays to individuals under paragraph (1) for covered work-study activities, and the educational institution plans to participate in the work-study program under this section during the subsequent academic year, the educational institution may retain the amount of the overpayment if the educational institution notifies the Secretary of the amount of the overpayment and the intention of the educational institution to retain such amount. Any amount retained by an educational institution under this clause may only be used by the educational institution to provide work-study allowance to individuals enrolled at the educational institution.

(iii) At any time a participating educational institution may request the Secretary to increase the annual amount that the Secretary provides the educational institution under subparagraph (B) or (C). The Secretary shall approve or disapprove such request by not later than 30 days after the date of the request.

(iv) Whenever the Secretary finds that a participating educational institution paid an amount of work-study allowance under this paragraph to an individual for a purpose other than covered work-study activities, such payment shall constitute a liability of the educational institution to the United States.

(E)(i) Pursuant to section 3690(c), section 3693, and other provisions of chapter 36 of this title, the Secretary shall ensure that participating educational institutions carry out the work-study allowance program in compliance with this section.

(ii) The Secretary may prohibit an educational institution from being a participating educational institution under this paragraph if the Secretary determines that the educational institution is not in compliance with this section.

(F) In this paragraph:

(i) The term "covered work-study activities" means qualifying work-study activities described in subparagraphs (A), (B), (H), (I), or (J) of paragraph (5) for which an individual is paid a work-study allowance.

(ii) The term "participating educational institution" means an educational institution that—

(I)(aa) during the five-academic-year period occurring before an academic year during which the Secretary carries out this paragraph, the educational institution had on average more than 10 individuals per academic year participating in a covered work-study activity under this section; or

(bb) the educational institution is not described by item (aa) but informs the Secretary that the institution expects to have more than 10 individuals in the following academic year participating in a covered work-study activity under this section; and

(II) voluntarily chooses to be a participating educational institution under this paragraph.

(5) For the purposes of this section, the term "qualifying work-study activity" means any of the following:

(A) The outreach services program under chapter 63 of this title as carried out under the supervision of a Department employee or, during the period preceding June 30, 2013, or any time on or after June 30, 2017, outreach services to servicemembers and veterans furnished by employees of a State approving agency.

(B) The preparation and processing of necessary papers and other documents at educational institutions or regional offices or facilities of the Department.

(C) The provision of hospital and domiciliary care and medical treatment under chapter 17 of this title, including, during the period preceding June 30, 2013, or any time on or after June 30, 2017, the provision of such care to veterans in a State home for which payment is made under section 1741 of this title.

(D) Any other activity of the Department as the Secretary determines appropriate.

(E) In the case of an individual who is receiving educational assistance under chapter 1606 or 1607 of title 10, an activity relating to the administration of that chapter at Department of Defense, Coast Guard, or National Guard facilities.

(F) During the period preceding June 30, 2013, or any time on or after June 30, 2017, an activity relating to the administration of a national cemetery or a State veterans' cemetery.

(G) Any activity of a State veterans agency related to providing assistance to veterans in obtaining any benefit under the laws administered by the Secretary or the laws of the State.

(H) A position working in a Center of Excellence for Veteran Student Success, as established pursuant to part T of title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161t et seq.).

(I) A position working in a cooperative program carried out jointly by the Department and an institution of higher learning.

(J) Any other veterans-related position in an institution of higher learning.

(K) The following activities carried out at the offices of Members of Congress for such Members:

(i) The distribution of information to members of the Armed Forces, veterans, and their dependents about the benefits and services under laws administered by the Secretary and other appropriate governmental and nongovernmental programs.

(ii) The preparation and processing of papers and other documents, including documents to assist in the preparation and presentation of claims for benefits under laws administered by the Secretary.

(6) An individual may elect, in a manner prescribed by the Secretary, to be paid in advance an amount equal to 40 percent of the total amount of the work-study allowance agreed to be paid under the agreement in return for the individual's agreement to perform the number of hours of work specified in the agreement (but not more than an amount equal to 50 times the applicable hourly minimum wage).

(7) For the purposes of this subsection and subsection (e), the term "applicable hourly minimum wages" means—

(A) the hourly minimum wage under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)); or

(B) the hourly minimum wage under comparable law of the State in which the services are to be performed, if such wage is higher than the wage referred to in subparagraph (A) and the Secretary has made a determination to pay such higher wage.

(b) Notwithstanding any other provision of law, the Secretary shall, subject to the provisions of subsection (e) of this section, utilize, in connection with the activities specified in subsection (a)(1) of this section, the service of individuals who are pursuing programs of rehabilitation, education, or training under chapter 30, 31, 32, 33, or 34 of this title or chapter 1606 or 1607 of title 10, at a rate equal to at least three-quarters of that required of a full-time student. In carrying out this section, the Secretary, wherever feasible, shall give priority to veterans with disabilities rated at 30 percent or more for purposes of chapter 11 of this title. In the event an individual ceases to be at least a three-quarter-time student before completing such agreement, the individual may, with the approval of the Secretary, be permitted to complete such agreement.

(c) The Secretary shall determine the number of individuals whose services the Department of Veterans Affairs can effectively utilize and the types of services that such individuals may be required to perform, on the basis of a survey, which the Secretary shall conduct annually, of each Department of Veterans Affairs regional office in order to determine the numbers of individuals whose services can effectively be utilized during an enrollment period in each geographical area where Department of Veterans Affairs activities are conducted, and shall determine which individuals shall be offered agreements under this section in accordance with regulations which the Secretary shall prescribe, including as criteria (1) the need of the individual to augment the veteran's educational assistance or subsistence allowance; (2) the availability to the individual of transportation to the place where the individual's services are to be performed; (3) the motivation of the individual; and (4) in the case of a disabled veteran pursuing a course of vocational rehabilitation under chapter 31 of this title, the compatibility of the work assignment to the veteran's physical condition.

(d) While performing the services authorized by this section, individuals shall be deemed employees of the United States for the purposes of the benefits of chapter 81 of title 5 but not for the purposes of laws administrated by the Office of Personnel Management.

(e)(1) Subject to paragraph (2) of this subsection, the Secretary may, notwithstanding any other provision of law, enter into an agreement with an individual under this section, or a modification of such an agreement, whereby the individual agrees to perform a qualifying work-study activity described in subsection (a)(5) and agrees that the Secretary shall, in lieu of paying the work-study allowance payable for such services, as provided in subsection (a) of this section, deduct the amount of the allowance from the amount which the individual has been determined to be indebted to the United States by virtue of such individual's participation in a benefits program under this chapter, chapter 30, 31, 32, 33, 35, or 36 of this title, or chapter 1606 or 1607 of title 10 (other than an indebtedness arising from a refund penalty imposed under section 2135 1 of such title).

(2)(A) Subject to subparagraph (B) of this paragraph, the provisions of this section (other than those provisions which are determined by the Secretary to be inapplicable to an agreement under this subsection) shall apply to any agreement authorized under paragraph (1) of this subsection.

(B) For the purposes of this subsection, the Secretary may—

(i) waive, in whole or in part, the limitations in subsection (a) of this section concerning the number of hours and periods during which services can be performed by the individual and the provisions of subsection (b) of this section requiring the individual's pursuit of a program of rehabilitation, education, or training;

(ii) in accordance with such terms and conditions as may be specified in the agreement under this subsection, waive or defer charging interest and administrative costs pursuant to section 5315 of this title on the indebtedness to be satisfied by performance of the agreement; and

(iii) notwithstanding the indebtedness offset provisions of section 5314 of this title, waive or defer until the termination of an agreement under this subsection the deduction of all or any portion of the amount of indebtedness covered by the agreement from future payments to the individual as described in section 5314 of this title.

(3)(A) Subject to the provisions of subparagraphs (B) and (C) of this paragraph, an agreement authorized under this subsection shall terminate in accordance with the provisions of this section and the terms and conditions of the agreement which are consistent with this subsection.

(B) In no event shall an agreement under this subsection continue in force after the total amount of the individual's indebtedness described in paragraph (1) of this subsection has been recouped, waived, or otherwise liquidated.

(C) Notwithstanding the provisions of subparagraphs (A) and (B) of this paragraph, if the Secretary finds that an individual was without fault and was allowed to perform services described in the agreement after its termination, the Secretary shall, as reasonable compensation therefor, pay the individual at the applicable hourly minimum wage rate for such services as the Secretary determines were satisfactorily performed.

(4) The Secretary shall promulgate regulations to carry out this subsection.

(f)(1) In case of an individual who is in receipt of work-study allowance pursuant to an agreement described in subsection (a)(3) as of the date on which an emergency situation occurs and who is unable to continue to perform qualifying work-study activities described in subsection (a)(4) by reason of the emergency situation—

(A) the Secretary may continue to pay work-study allowance under this section or make deductions described in subsection (e)(1) during the period of such emergency situation, notwithstanding the inability of the individual to perform such work-study activities by reason of such emergency situation; and

(B) at the option of the individual, the Secretary shall extend the agreement described in subsection (a)(3) with the individual for any subsequent period of enrollment initiated during the emergency situation, notwithstanding the inability of the individual to perform work-study activities described in subsection (a)(4) by reason of such emergency situation.

(2) The amount of work-study allowance payable to an individual under paragraph (1)(A) during the period of an emergency situation shall be an amount determined by the Secretary but may not exceed the amount that would be payable under subsection (a)(2) if the individual worked 25 hours per week paid during such period.

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

(Added Pub. L. 92–540, title II, §203, Oct. 24, 1972, 86 Stat. 1079, §1685; amended Pub. L. 93–508, title II, §205, Dec. 3, 1974, 88 Stat. 1582; Pub. L. 94–502, title II, §§208, 211(11), Oct. 15, 1976, 90 Stat. 2388, 2389; Pub. L. 95–202, title I, §105, Nov. 23, 1977, 91 Stat. 1435; Pub. L. 96–466, title VIII, §801(b), Oct. 17, 1980, 94 Stat. 2216; Pub. L. 97–295, §4(42), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 99–576, title III, §308(c), Oct. 28, 1986, 100 Stat. 3270; Pub. L. 101–237, title IV, §§405(a)–(d)(2), (4)(A), 423(b)(1), Dec. 18, 1989, 103 Stat. 2080, 2081, 2092; Pub. L. 102–16, §§6(a)–(b)(2), 10(a)(5), Mar. 22, 1991, 105 Stat. 50, 51, 55; Pub. L. 102–40, title IV, §402(d)(1), May 7, 1991, 105 Stat. 239; renumbered §3485 and amended Pub. L. 102–83, §§2(c)(2), 5(a), Aug. 6, 1991, 105 Stat. 402, 406; Pub. L. 102–568, title III, §311, Oct. 29, 1992, 106 Stat. 4330; Pub. L. 105–368, title II, §202(a), Nov. 11, 1998, 112 Stat. 3326; Pub. L. 107–14, §8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 107–103, title I, §107(a), Dec. 27, 2001, 115 Stat. 983; Pub. L. 107–330, title III, §308(g)(11), Dec. 6, 2002, 116 Stat. 2829; Pub. L. 108–183, title III, §306(f)(1), Dec. 16, 2003, 117 Stat. 2661; Pub. L. 109–233, title IV, §402(e)(1), June 15, 2006, 120 Stat. 411; Pub. L. 109–444, §2(g), Dec. 21, 2006, 120 Stat. 3305; Pub. L. 109–461, title III, §§304, 307, title X, §1006(b), Dec. 22, 2006, 120 Stat. 3428, 3429, 3468; Pub. L. 110–157, title III, §302, Dec. 26, 2007, 121 Stat. 1836; Pub. L. 110–252, title V, §5003(b)(2)(A)(i), June 30, 2008, 122 Stat. 2375; Pub. L. 111–275, title I, §101(a), (b), Oct. 13, 2010, 124 Stat. 2866; Pub. L. 114–315, title IV, §406, Dec. 16, 2016, 130 Stat. 1558; Pub. L. 115–48, title II, §201, Aug. 16, 2017, 131 Stat. 989; Pub. L. 116–154, §6(a), (b), Aug. 8, 2020, 134 Stat. 692, 694; Pub. L. 116–315, title I, §1006(a), Jan. 5, 2021, 134 Stat. 4940; Pub. L. 117–333, §5(a), Jan. 5, 2023, 136 Stat. 6128.)

Editorial Notes

References in Text

The Higher Education Act of 1965, referred to in subsec. (a)(5)(H), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Part T of title VIII of the Act is classified generally to part T (§1161t) of subchapter IX of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.

Section 2135 of title 10, referred to in subsec. (e)(1), was renumbered section 16135 of Title 10, Armed Forces, by Pub. L. 103–337, div. A, title XVI, §1663(b)(2), Oct. 5, 1994, 108 Stat. 3006.

Amendments

2023—Subsec. (f). Pub. L. 117–333 added subsec. (f).

2021—Subsec. (a)(5)(K). Pub. L. 116–315, §1006(a), which directed amendment of par. (4) by adding subpar. (K) at the end, was executed by adding subpar. (K) at the end of par. (5), to reflect the probable intent of Congress and the redesignation of former par. (4) as (5) by Pub. L. 116–154, §6(a)(2). See 2020 Amendment note below.

2020—Subsec. (a)(1). Pub. L. 116–154, §6(a)(1), substituted "In accordance with paragraph (4), individuals" for "Individuals".

Subsec. (a)(4) to (7). Pub. L. 116–154, §6(a)(2), (3), added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively.

Subsec. (e)(1). Pub. L. 116–154, §6(b), substituted "subsection (a)(5)" for "subsection (a)(4)".

2017—Subsec. (a)(4)(A), (C), (F). Pub. L. 115–48, §201, substituted "any time on or after June 30, 2017," for "the period beginning on June 30, 2017, and ending on June 30, 2022,".

2016—Subsec. (a)(4)(A), (C), (F). Pub. L. 114–315 substituted "June 30, 2013, or the period beginning on June 30, 2017, and ending on June 30, 2022" for "June 30, 2013".

2010—Subsec. (a)(4)(A), (C), (F). Pub. L. 111–275, §101(a), substituted "June 30, 2013" for "June 30, 2010".

Subsec. (a)(4)(G) to (J). Pub. L. 111–275, §101(b), added subpars. (G) to (J).

2008—Subsecs. (b), (e)(1). Pub. L. 110–252 inserted "33," after "32,".

2007—Subsec. (a)(4)(A), (C), (F). Pub. L. 110–157 substituted "June 30, 2010" for "June 30, 2007".

2006—Pub. L. 109–461, §1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

Subsec. (a)(4)(A). Pub. L. 109–461, §304, substituted "June 30, 2007" for "December 27, 2006".

Pub. L. 109–444, which substituted "June 30, 2007" for "December 27, 2006", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Pub. L. 109–233 substituted "chapter 63" for "subchapter II of chapter 77".

Subsec. (a)(4)(C). Pub. L. 109–461, §304, substituted "June 30, 2007" for "December 27, 2006".

Pub. L. 109–444, which substituted "June 30, 2007" for "December 27, 2006", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (a)(4)(E). Pub. L. 109–461, §307(1), inserted "or 1607" after "chapter 1606".

Subsec. (a)(4)(F). Pub. L. 109–461, §304, substituted "June 30, 2007" for "December 27, 2006".

Pub. L. 109–444, which substituted "June 30, 2007" for "December 27, 2006", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (b). Pub. L. 109–461, §307(2), substituted "chapter 1606 or 1607" for "chapter 106".

Subsec. (e)(1). Pub. L. 109–461, §307(3), substituted "a qualifying work-study activity described in subsection (a)(4)" for "services of the kind described in clauses (A) through (E) of subsection (a)(1) of this section" and "chapter 1606 or 1607" for "chapter 106".

2003—Subsec. (e)(1). Pub. L. 108–183 struck out "(other than an education loan under subchapter III)" after "chapter 30, 31, 32, 35, or 36".

2002—Subsec. (a)(4)(A), (C), (F). Pub. L. 107–330 substituted "the period preceding December 27, 2006" for "the five-year period beginning on the date of the enactment of the Veterans Education and Benefits Expansion Act of 2001".

2001—Subsec. (a). Pub. L. 107–103 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

"(a)(1) Individuals utilized under the authority of subsection (b) of this section shall be paid an additional educational assistance allowance (hereinafter referred to as 'work-study allowance'). Such work-study allowance shall be paid in an amount equal to the applicable hourly minimum wage times the number of hours worked during the applicable period, in return for such individual's agreement to perform services, during or between periods of enrollment, aggregating not more than a number of hours equal to 25 times the number of weeks in the semester or other applicable enrollment period, required in connection with (A) the out-reach services program under subchapter II of chapter 77 of this title as carried out under the supervision of a Department of Veterans Affairs employee, (B) the preparation and processing of necessary papers and other documents at educational institutions or regional offices or facilities of the Department of Veterans Affairs, (C) the provision of hospital and domiciliary care and medical treatment under chapter 17 of this title, (D) any other activity of the Department of Veterans Affairs as the Secretary shall determine appropriate, or (E) in the case of an individual who is receiving educational assistance under chapter 106 of title 10, activities relating to the administration of such chapter at Department of Defense, Coast Guard, or National Guard facilities. An individual may elect, in a manner prescribed by the Secretary, to be paid in advance an amount equal to 40 percent of the total amount of the work-study allowance agreed to be paid under the agreement in return for the individual's agreement to perform the number of hours of work specified in the agreement (but not more than an amount equal to 50 times the applicable hourly minimum wage).

"(2) For the purposes of paragraph (1) of this subsection and subsection (e) of this section, the term 'applicable hourly minimum wage' means (A) the hourly minimum wage under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)), or (B) the hourly minimum wage under comparable law of the State in which the services are to be performed, if such wage is higher than the wage referred to in clause (A) and the Secretary has made a determination to pay such higher wage."

Subsec. (a)(1). Pub. L. 107–14 substituted "hereinafter" for "hereafter".

1998—Subsec. (a)(1). Pub. L. 105–368 substituted "An individual may elect, in a manner prescribed by the Secretary, to be paid in advance" for "An individual shall be paid in advance" in last sentence.

1992—Subsec. (a)(1). Pub. L. 102–568 substituted "40 percent" for "40 per centum" and inserted before period at end "(but not more than an amount equal to 50 times the applicable hourly minimum wage)".

1991—Pub. L. 102–83, §5(a), renumbered section 1685 of this title as this section.

Subsec. (a)(1). Pub. L. 102–83, §2(c)(2), substituted "subchapter II of chapter 77" for "subchapter IV of chapter 3".

Pub. L. 102–16, §10(a)(5), redesignated cls. (1) to (5) as cls. (A) to (E), respectively, and inserted in cl. (E) ", Coast Guard, or National Guard" after "Department of Defense".

Subsec. (a)(2). Pub. L. 102–16, §6(b)(1), inserted "and subsection (e) of this section" after "subsection".

Subsec. (b). Pub. L. 102–16, §6(b)(2), inserted ", subject to the provisions of subsection (e) of this section," after "shall" in first sentence.

Subsec. (e). Pub. L. 102–40 substituted "5315" for "3115" in par. (2)(B)(ii) and "5314" for "3114" in two places in par. (2)(B)(iii).

Pub. L. 102–16, §6(a), added subsec. (e).

1989—Pub. L. 101–237, §405(d)(4)(A), substituted "Work-study allowance" for "Veteran-student services" as section catchline.

Subsec. (a). 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, §405(a)(1), (b), (d)(2)(A), (C), (D), designated existing provisions as par. (1), substituted "Such work-study allowance shall be paid in an amount equal to the applicable hourly minimum wage times the number of hours worked during the applicable period, in return for such individual's agreement to perform services, during or between periods of enrollment, aggregating not more than a number of hours equal to 25 times the number of weeks in the semester or other applicable enrollment period," for "Such work-study allowance shall be paid in an amount equal to either the amount of the hourly minimum wage in effect under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) times two hundred and fifty or $625, whichever is the higher, in return for such veteran-student's agreement to perform services, during or between periods of enrollment, aggregating two hundred and fifty hours during a semester or other applicable enrollment period," in second sentence, added cl. (5), substituted references to individuals for references to veteran-students, struck out third and fourth sentences which read as follows: "An agreement may be entered into for the performance of services for periods of less than two hundred and fifty hours. The amount of the work-study allowance to be paid under any such agreement shall be determined by multiplying the number of hours of work performed by the veteran-student under such agreement times either the hourly minimum wage in effect under section 6(a) of the Fair Labor Standards Act of 1938 during the period the work is to be performed or $2.50, whichever is the higher.", and added par. (2).

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

Pub. L. 101–237, §405(a)(2), (c), (d)(1), substituted "subsection (a)(1) of this section" for "subsection (a) of this section", "individuals who are pursuing programs of rehabilitation, education, or training under chapter 30, 31, 32, or 34 of this title or chapter 106 of title 10, at a rate equal to at least three-quarters of that required of a full-time student" for "veteran-students who are pursuing full-time programs of rehabilitation, education, or training under chapter 30, 31, 32, or 34 of this title", "30 percent" for "30 per centum", and "an individual ceases to be at least a three-quarter-time student before completing such agreement, the individual" for "the veteran ceases to be a full-time student before completing such agreement, the veteran".

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, §405(d)(2)(B), (E)–(G), substituted "individuals" for "veterans" and for "veteran-students" wherever appearing, substituted "individual's" for "veteran's" in cl. (2), and substituted "individual" for "veteran" wherever appearing in cls. (1) to (3).

Subsec. (d). Pub. L. 101–237, §405(d)(2)(B), substituted "individuals" for "veteran-students".

1986—Subsec. (b). Pub. L. 99–576 substituted "rehabilitation, education, or training under chapter 30, 31, 32, or 34 of this title" for "education or training under chapters 31 and 34 of this title".

1982—Subsec. (a). Pub. L. 97–295 inserted "(29 U.S.C. 206(a))" after "Act of 1938" the first time it appeared.

1980—Subsec. (d). Pub. L. 96–466 substituted "Office of Personnel Management" for "Civil Service Commission".

1977—Subsec. (a). Pub. L. 95–202 substituted "Such work-study allowance shall be paid in an amount equal to either the amount of the hourly minimum wage in effect under section 6(a) of the Fair Labor Standards Act of 1938 times two hundred and fifty or $625, whichever is the higher," for "Such work-study allowance shall be paid in the amount of $625" and, in the provisions relating to periods of service of less than two hundred and fifty hours, substituted "amount of the work-study allowance to be paid under any such agreement shall be determined by multiplying the number of hours of work performed by the veteran-student under such agreement times either the hourly minimum wage in effect under section 6(a) of the Fair Labor Standards Act of 1938 during the period the work is to be performed or $2.50, whichever is the higher" for "amount of the work-study allowance to be paid shall bear the same ratio to the number of hours of work agreed to be performed as $625 bears to two hundred and fifty hours" and "A veteran-student shall be paid in advance an amount equal to 40 per centum of the total amount of the work-study allowance agreed to be paid under the agreement to perform the number of hours of work specified in the agreement" for provisions setting a flat amount of $250 in advance or a lesser amount in the case of any agreement providing for periods of less than one hundred hours.

1976—Subsec. (b). Pub. L. 94–502, §208, inserted provision permitting the veteran who ceases to be a full-time student to complete the agreement, with the approval of the Administrator.

Subsec. (c). Pub. L. 94–502, §211(11), substituted "the Administrator shall conduct" for "he shall conduct", "the Administrator shall prescribe," for "he shall prescribe,", and "the veteran's" for "his" in two places.

1974—Subsec. (a). Pub. L. 93–508, §205(1), (2), substituted "the amount of $625" for "in advance in the amount of $250", and "aggregating two hundred and fifty hours" for "aggregating one hundred hours", and substituted provisions that an agreement may be entered into for the performance of services for periods of less than two hundred and fifty hours, in which case the amount of the work-study allowance to be paid shall bear the same ratio to the number of hours of work agreed to be performed as $625 bears to two hundred and fifty hours and that in the case of any agreement providing for the performance of services for less than one hundred hours, the amount of the advance payment shall bear the same ratio to the number of hours of work agreed to be performed as $625 bears to two hundred and fifty hours, for provisions that advances of lesser amounts may be made in return for agreements to perform services for periods of less than one hundred hours, and that the amount of such advance shall bear the same ratio to the number of hours of work agreed to be performed as $250 bears to one hundred hours.

Subsec. (c). Pub. L. 93–508, §205(3), struck out parenthetical provisions relating to a limit of eight-hundred man-years or their equivalent during any fiscal year.

Statutory Notes and Related Subsidiaries

Effective Date 2021 Amendment

Pub. L. 116–315, title I, §1006(b), Jan. 5, 2021, 134 Stat. 4940, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on August 1, 2021."

Application of 2020 Amendment

Pub. L. 116–154, §6(c), Aug. 8, 2020, 134 Stat. 694, provided that: "The amendments made by this section [amending this section] shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2021."

Effective Date of 2010 Amendment

Pub. L. 111–275, title I, §101(c), Oct. 13, 2010, 124 Stat. 2866, provided that: "The amendment made by subsection (b) [amending this section] shall take effect on October 1, 2011."

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 2003 Amendment

Pub. L. 108–183, title III, §306(h)(2), Dec. 16, 2003, 117 Stat. 2661, provided that: "The amendments made by subsections (e), (f), and (g) [amending this section and section 3512 of this title and repealing subchapter III of chapter 36 of this title] shall take effect 90 days after the date of the enactment of this Act [Dec. 16, 2003]."

Effective Date of 2001 Amendment

Pub. L. 107–103, title I, §107(b), Dec. 27, 2001, 115 Stat. 984, provided that: "The amendment made by this section [amending this section] shall apply with respect to agreements entered into under section 3485 of title 38, United States Code, on or after the date of the enactment of this Act [Dec. 27, 2001]."

Effective Date of 1998 Amendment

Pub. L. 105–368, title II, §202(b), Nov. 11, 1998, 112 Stat. 3326, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to agreements entered into under section 3485 of title 38, United States Code, on or after January 1, 1999."

Effective Date of 1989 Amendment

Amendment by section 405(a)–(d)(2), (4)(A) of Pub. L. 101–237 effective May 1, 1990, and applicable to services performed on or after that date, see section 405(e) of Pub. L. 101–237, set out as a note under section 16136 of Title 10, Armed Forces.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–466 effective Oct. 1, 1980, see section 802(h) of Pub. L. 96–466, set out as a note under section 3452 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–202 effective retroactively to Oct. 1, 1977, see section 501 of Pub. L. 95–202, set out as a note under section 101 of this title.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–508 effective Dec. 3, 1974, see section 503 of Pub. L. 93–508, set out as a note under section 3452 of this title.

Transfer of Functions

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

Payment of Work-Study Allowances During Emergency Situations

Pub. L. 116–140, §3, Apr. 28, 2020, 134 Stat. 631, as amended by Pub. L. 117–76, §5(f), Dec. 21, 2021, 135 Stat. 1520, which temporarily allowed for payment of work-study allowances during emergency situations, was repealed by Pub. L. 117–333, §5(b), Jan. 5, 2023, 136 Stat. 6129. See subsec. (f) of this section.

1 See References in Text note below.
38 U.S.C. § 2409 (2024) — Title 38: VETERANS' BENEFITS / Chapter 24 / Section 2409: Memorial areas in Arlington National Cemetery
Memorial areas in Arlington National Cemetery
Status: in_force

(a) The Secretary of the Army may set aside, when available, a suitable area or areas in Arlington National Cemetery, Virginia, to honor the memory of members of the Armed Forces and veterans—

(1) who are missing in action;

(2) whose remains have not been recovered or identified;

(3) whose remains were buried at sea, whether by the member's or veteran's own choice or otherwise;

(4) whose remains were donated to science; or

(5) whose remains were cremated and whose ashes were scattered without interment of any portion of the ashes.

(b)(1) Under regulations prescribed by the Secretary of the Army and subject to paragraph (2), appropriate memorials or markers may be erected in Arlington National Cemetery to honor the memory of those individuals, or group of individuals, referred to in subsection (a) of this section.

(2)(A) Except for a monument containing or marking interred remains, no monument (or similar structure, as determined by the Secretary of the Army in regulations) may be placed in Arlington National Cemetery except pursuant to the provisions of this subsection.

(B) A monument may be placed in Arlington National Cemetery if the monument commemorates—

(i) the service in the Armed Forces of the individual, or group of individuals, whose memory is to be honored by the monument; or

(ii) a particular military event.

(C) No monument may be placed in Arlington National Cemetery until the end of the 25-year period beginning—

(i) in the case of the commemoration of service under subparagraph (B)(i), on the last day of the period of service so commemorated; and

(ii) in the case of the commemoration of a particular military event under subparagraph (B)(ii), on the last day of the period of the event.

(D) A monument may be placed only in those sections of Arlington National Cemetery designated by the Secretary of the Army for such placement and only on land the Secretary determines is not suitable for burial.

(E) A monument may only be placed in Arlington National Cemetery if an appropriate nongovernmental entity has agreed to act as a sponsoring organization to coordinate the placement of the monument and—

(i) the construction and placement of the monument are paid for only using funds from private sources;

(ii) the Secretary of the Army consults with the Commission of Fine Arts and the Advisory Committee on Arlington National Cemetery before approving the design of the monument; and

(iii) the sponsoring organization provides for an independent study on the availability and suitability of alternative locations for the proposed monument outside of Arlington National Cemetery.

(3)(A) The Secretary of the Army may waive the requirement under paragraph (2)(C) in a case in which the monument would commemorate a group of individuals who the Secretary determines—

(i) has made valuable contributions to the Armed Forces that have been ongoing and perpetual for longer than 25 years and are expected to continue on indefinitely; and

(ii) has provided service that is of such a character that the failure to place a monument to the group in Arlington National Cemetery would present a manifest injustice.

(B) If the Secretary waives such requirement under subparagraph (A), the Secretary shall—

(i) make available on an Internet website notification of the waiver and the rationale for the waiver; and

(ii) submit to the Committee on Veterans' Affairs and the Committee on Armed Services of the Senate and the Committee on Veterans' Affairs and the Committee on Armed Services of the House of Representatives written notice of the waiver and the rationale for the waiver.

(4) The Secretary of the Army shall provide notice to the Committee on Veterans' Affairs and the Committee on Armed Services of the Senate and the Committee on Veterans' Affairs and the Committee on Armed Services of the House of Representatives of any monument proposed to be placed in Arlington National Cemetery. During the 60-day period beginning on the date on which such notice is received, Congress may pass a joint resolution of disapproval of the placement of the monument. The proposed monument may not be placed in Arlington National Cemetery until the later of—

(A) if Congress does not pass a joint resolution of disapproval of the placement of the monument, the date that is 60 days after the date on which notice is received under this paragraph; or

(B) if Congress passes a joint resolution of disapproval of the placement of the monument, and the President signs a veto of such resolution, the earlier of—

(i) the date on which either House of Congress votes and fails to override the veto of the President; or

(ii) the date that is 30 session days after the date on which Congress received the veto and objections of the President.

(Added Pub. L. 99–576, title IV, §413(a), Oct. 28, 1986, 100 Stat. 3284, §1009; amended Pub. L. 101–237, title III, §313(b)(5), Dec. 18, 1989, 103 Stat. 2077; renumbered §2409, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 112–154, title VI, §604, Aug. 6, 2012, 126 Stat. 1201.)

Editorial Notes

Amendments

2012—Subsec. (b). Pub. L. 112–154 designated existing provisions as par. (1), inserted "and subject to paragraph (2)" after "Secretary of the Army", and added pars. (2) to (4).

1991—Pub. L. 102–83 renumbered section 1009 of this title as this section.

1989—Subsec. (b). Pub. L. 101–237 inserted "of the Army" after "Secretary".

Statutory Notes and Related Subsidiaries

Updates and Preservation of Memorials to Chaplains at Arlington National Cemetery

Pub. L. 117–81, div. A, title V, §584, Dec. 27, 2021, 135 Stat. 1758, as amended by Pub. L. 117–263, div. A, title V, §593, Dec. 23, 2022, 136 Stat. 2612, provided that:

"(a) Updates and Preservation of Memorials.—

"(1) Protestant chaplains memorial.—The Secretary of the Army may permit NCMAF—

"(A) to modify the memorial to Protestant chaplains located on Chaplains Hill to include a granite, marble, or other stone base for the bronze plaque of the memorial;

"(B) to provide an updated bronze plaque, described in subparagraph (A), including the name of each chaplain, verified as described in subsection (b), who died while serving on active duty in the Armed Forces after the date on which the original memorial was placed; and

"(C) to make such other updates and corrections to the memorial that the Secretary determines necessary.

"(2) Catholic and jewish chaplain memorials.—The Secretary of the Army may permit NCMAF to update and make corrections to the Catholic and Jewish chaplain memorials located on Chaplains Hill that the Secretary determines necessary.

"(3) No cost to federal government.—The activities of NCMAF authorized by this subsection shall be carried out at no cost to the Federal Government.

"(4) Authority of secretary of the army.—The Secretary of the Army may permit NCMAF to carry out any action authorized by this subsection without regard to the time limitation under section 2409(b)(2)(C) of title 38, United States Code.

"(b) Verification of Names.—NCMAF may not include the name of a chaplain on a memorial on Chaplains Hill under subsection (a) unless that name has been verified by the Chief of Chaplains of the Army, Navy, or Air Force or the Chaplain of the United States Marine Corps, depending on the branch of the Armed Forces in which the chaplain served.

"(c) Prohibition on Expansion of Memorials.—Except as provided in subsection (a)(1)(A), this section may not be construed as authorizing the expansion of any memorial that is located on Chaplains Hill as of the date of the enactment of this Act [Dec. 27, 2021].

"(d) Definitions.—In this section:

"(1) The term 'Chaplains Hill' means the area in Arlington National Cemetery that, as of the date of the enactment of this Act, is generally identified and recognized as Chaplains Hill.

"(2) The term 'NCMAF' means the National Conference on Ministry to the Armed Forces or any successor organization recognized in law for purposes of the operation of this section."

Transfer to the Secretary of the Army and Management of Parcel of Federal Land in Arlington, Virginia

Pub. L. 116–92, div. B, title XXVIII, §2834(a), Dec. 20, 2019, 133 Stat. 1893, provided that:

"(1) Transfer.—Administrative jurisdiction over the parcel of Federal land described in paragraph (2) is transferred from the Secretary of the Interior to the Secretary of the Army.

"(2) Description of land.—The parcel of Federal land referred to in paragraph (1) is the approximately 16.09-acre parcel of land in Arlington, Virginia, as depicted on the map entitled 'Arlington National Cemetery, Memorial Ave–NPS Parcel' and dated February 11, 2019."

Pub. L. 116–92, div. B, title XXVIII, §2834(e)(3)(A), Dec. 20, 2019, 133 Stat. 1893, provided that: "The parcel of Federal land transferred to the Secretary of the Army by subsection (a)(1) [set out above] shall be administered by the Secretary of the Army—

"(i) as part of Arlington National Cemetery; and

"(ii) in accordance with applicable law, including—

"(I) regulations; and

"(II) section 2409 of title 38, United States Code."

Construction of Memorial to the Crew of the Apollo I Launch Test Accident at Arlington National Cemetery

Pub. L. 115–91, div. A, title X, §1087, Dec. 12, 2017, 131 Stat. 1604, provided that: "Subject to applicable requirements of section 2409(b)(2)(E) of title 38, United States Code, the Secretary of the Army, in consultation with the Administrator of the National Aeronautics and Space Administration, the Commission of Fine Arts, and the Advisory Committee on Arlington National Cemetery, shall authorize the construction, at an appropriate place in Arlington National Cemetery, Virginia, of a memorial marker honoring the three members of the crew of the Apollo I who died during a launch rehearsal test on January 27, 1967, in Cape Canaveral, Florida. The memorial may not be constructed in a location that is otherwise suitable as an interment site."

Columbia Orbiter Memorial

Pub. L. 108–11, title III, Apr. 16, 2003, 117 Stat. 603, provided that:

"SEC. 301. SHORT TITLE.

"This title may be cited as the 'Columbia Orbiter Memorial Act'.

"SEC. 302. CONSTRUCTION OF MEMORIAL TO CREW OF COLUMBIA ORBITER AT ARLINGTON NATIONAL CEMETERY.

"(a) Construction Required.—The Secretary of the Army shall, in consultation with the Administrator of the National Aeronautics and Space Administration, construct at an appropriate place in Arlington National Cemetery, Virginia, a memorial marker honoring the seven members of the crew of the Columbia Orbiter who died on February 1, 2003, over the State of Texas during the landing of space shuttle mission STS–107.

"(b) Availability of Funds.—Of the amount appropriated or otherwise made available by title II of the Department of Defense Appropriations Act, 2003 (Public Law 107–248) under the heading 'Operation and Maintenance, Army' [116 Stat. 1521], $500,000 shall be available for the construction of the memorial marker required by subsection (a).

"SEC. 303. DONATIONS FOR MEMORIAL FOR CREW OF COLUMBIA ORBITER.

"(a) Authority To Accept Donations.—The Administrator of the National Aeronautics and Space Administration may accept gifts and donations of services, money, and property (including personal, tangible, or intangible property) for the purpose of an appropriate memorial or monument to the seven members of the crew of the Columbia Orbiter who died on February 1, 2003, over the State of Texas during the landing of space shuttle mission STS–107, whether such memorial or monument is constructed by the Administrator or is the memorial marker required by section 302.

"(b) Transfer.—(1) The Administrator may transfer to the Secretary of the Army any services, money, or property accepted by the Administrator under subsection (a) for the purpose of the construction of the memorial marker required by section 302.

"(2) Any moneys transferred to the Secretary under paragraph (1) shall be merged with amounts in the account referred to in subsection (b) of section 302, and shall be available for the purpose referred to in that subsection.

"(c) Expiration of Authority.—The authority of the Administrator to accept gifts and donations under subsection (a) shall expire 5 years after the date of the enactment of this Act [Apr. 16, 2003]."

Authorization of Placement of a Memorial in Arlington National Cemetery Honoring World War II Veterans Who Fought in the Battle of the Bulge

Pub. L. 107–330, title II, §204, Dec. 6, 2002, 116 Stat. 2824, provided that: "The Secretary of the Army is authorized to place in Arlington National Cemetery a memorial marker honoring veterans who fought in the battle in the European theater of operations during World War II known as the Battle of the Bulge."
38 U.S.C. § 503 (2024) — Title 38: VETERANS' BENEFITS / Chapter 5 / Subchapter I / Section 503: Administrative error; equitable relief
Administrative error; equitable relief
Status: in_force

(a) If the Secretary determines that benefits administered by the Department have not been provided by reason of administrative error on the part of the Federal Government or any of its employees, the Secretary may provide such relief on account of such error as the Secretary determines equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys.

(b) If the Secretary determines that a veteran, surviving spouse, child of a veteran, or other person has suffered loss as a consequence of reliance upon a determination by the Department of eligibility or entitlement to benefits, without knowledge that it was erroneously made, the Secretary may provide such relief on account of such error as the Secretary determines is equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys.

(c) Not later than April 1 of each year, the Secretary shall submit to Congress a report containing a statement as to the disposition of each case recommended to the Secretary for equitable relief under this section during the preceding calendar year. No report shall be required under this subsection after December 31, 2025.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 386; amended Pub. L. 106–419, title IV, §403(c)(1), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 109–233, title IV, §403, June 15, 2006, 120 Stat. 411; Pub. L. 111–275, title VIII, §808, Oct. 13, 2010, 124 Stat. 2893; Pub. L. 113–175, title IV, §403, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, §404, Sept. 30, 2015, 129 Stat. 535; Pub. L. 114–228, title IV, §404, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, §404, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, §164, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116–159, div. E, title IV, §5402, Oct. 1, 2020, 134 Stat. 751; Pub. L. 117–180, div. E, title II, §203, Sept. 30, 2022, 136 Stat. 2137; Pub. L. 118–83, div. B, title III, §335, Sept. 26, 2024, 138 Stat. 1542.)

Editorial Notes

Prior Provisions

Prior sections 503 and 504 were renumbered sections 1503 and 1504 of this title, respectively.

Provisions similar to those in this section were contained in section 210(c)(2), (3) of this title prior to repeal by Pub. L. 102–83, §2(a).

Amendments

2024—Subsec. (c). Pub. L. 118–83 substituted "December 31, 2025" for "December 31, 2024".

2022—Subsec. (c). Pub. L. 117–180 substituted "December 31, 2024" for "December 31, 2022".

2020—Subsec. (c). Pub. L. 116–159 substituted "December 31, 2022" for "December 31, 2020".

2018—Subsec. (c). Pub. L. 115–251 substituted "December 31, 2020" for "December 31, 2018".

2017—Subsec. (c). Pub. L. 115–62 substituted "December 31, 2018" for "December 31, 2017".

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

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

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

2010—Subsec. (c). Pub. L. 111–275 substituted "December 31, 2014" for "December 31, 2009".

2006—Subsec. (c). Pub. L. 109–233 substituted "December 31, 2009" for "December 31, 2004".

2000—Subsec. (c). Pub. L. 106–419 inserted at end "No report shall be required under this subsection after December 31, 2004."
38 U.S.C. § 7329 (2024) — Title 38: VETERANS' BENEFITS / Chapter 73 / Subchapter II / Section 7329: Parkinson's Disease research, education, and clinical centers
Parkinson's Disease research, education, and clinical centers
Status: in_force

(a) Establishment of Centers.—(1) The Secretary, upon the recommendation of the Under Secretary for Health, shall designate not less than six Department health-care facilities as the locations for centers of Parkinson's Disease research, education, and clinical activities.

(2) Subject to the availability of appropriations for such purpose, the Secretary shall establish and operate centers of Parkinson's Disease research, education, and clinical activities centers at the locations designated pursuant to paragraph (1).

(b) Criteria for Designation of Facilities.—(1) In designating Department health-care facilities for centers under subsection (a), the Secretary, upon the recommendation of the Under Secretary for Health, shall assure appropriate geographic distribution of such facilities.

(2) Except as provided in paragraph (3), the Secretary shall designate as the location for a center of Parkinson's Disease research, education, and clinical activities pursuant to subsection (a)(1) each Department health-care facility that as of January 1, 2005, was operating a Parkinson's Disease research, education, and clinical center.

(3) The Secretary may not under subsection (a) designate a facility described in paragraph (2) if (on the recommendation of the Under Secretary for Health) the Secretary determines that such facility—

(A) does not meet the requirements of subsection (c); or

(B) has not demonstrated—

(i) effectiveness in carrying out the established purposes of such center; or

(ii) the potential to carry out such purposes effectively in the reasonably foreseeable future.

(c) Requirements for Designation.—(1) The Secretary may not designate a Department health-care facility as a location for a center under subsection (a) unless the peer review panel established under subsection (d) has determined under that subsection that the proposal submitted by such facility as a location for a new center under subsection (a) is among those proposals that meet the highest competitive standards of scientific and clinical merit.

(2) The Secretary may not designate a Department health-care facility as a location for a center under subsection (a) unless the Secretary (upon the recommendation of the Under Secretary for Health) determines that the facility has (or may reasonably be anticipated to develop) each of the following:

(A) An arrangement with an accredited medical school that provides education and training in neurology and with which the Department health-care facility is affiliated under which residents receive education and training in innovative diagnosis and treatment of chronic neurodegenerative diseases and movement disorders, including Parkinson's Disease.

(B) The ability to attract the participation of scientists who are capable of ingenuity and creativity in health-care research efforts.

(C) An advisory committee composed of veterans and appropriate health-care and research representatives of the Department health-care facility and of the affiliated school or schools to advise the directors of such facility and such center on policy matters pertaining to the activities of the center during the period of the operation of such center.

(D) The capability to conduct effectively evaluations of the activities of such center.

(E) The capability to coordinate (as part of an integrated national system) education, clinical, and research activities within all facilities with such centers.

(F) The capability to jointly develop a consortium of providers with interest in treating neurodegenerative diseases, including Parkinson's Disease and other movement disorders, at facilities without centers established under subsection (a) in order to ensure better access to state-of-the-art diagnosis, care, and education for neurodegenerative disorders throughout the health-care system of the Department.

(G) The capability to develop a national repository in the health-care system of the Department for the collection of data on health services delivered to veterans seeking care for neurodegenerative diseases, including Parkinson's Disease, and other movement disorders.

(d) Peer Review Panel.—(1) The Under Secretary for Health shall establish a panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the establishment of centers under this section.

(2)(A) The membership of the panel shall consist of experts in neurodegenerative diseases, including Parkinson's Disease and other movement disorders.

(B) Members of the panel shall serve for a period of no longer than two years, except as specified in subparagraph (C).

(C) Of the members first appointed to the panel, one half shall be appointed for a period of three years and one half shall be appointed for a period of two years, as designated by the Under Secretary at the time of appointment.

(3) The panel shall review each proposal submitted to the panel by the Under Secretary and shall submit its views on the relative scientific and clinical merit of each such proposal to the Under Secretary.

(4) The panel shall not be subject to chapter 10 of title 5.

(e) Priority of Funding.—Before providing funds for the operation of a center designated under subsection (a) at a Department health-care facility other than at a facility designated pursuant to subsection (b)(2), the Secretary shall ensure that each Parkinson's Disease center at a facility designated pursuant to subsection (b)(2) is receiving adequate funding to enable that center to function effectively in the areas of Parkinson's Disease research, education, and clinical activities.

(f) Authorization of Appropriations.—There are authorized to be appropriated such sums as may be necessary for the support of the research and education activities of the centers established pursuant to subsection (a). The Under Secretary for Health shall allocate to such centers from other funds appropriated generally for the Department medical services account and medical and prosthetics research account, as appropriate, such amounts as the Under Secretary for Health determines appropriate.

(g) Award Competitions.—Activities of clinical and scientific investigation at each center established under subsection (a) shall be eligible to compete for the award of funding from funds appropriated for the Department medical and prosthetics research account. Such activities shall receive priority in the award of funding from such account insofar as funds are awarded to projects for research in Parkinson's Disease and other movement disorders.

(Added Pub. L. 109–461, title II, §209(a)(1), Dec. 22, 2006, 120 Stat. 3413; amended Pub. L. 117–286, §4(a)(223), Dec. 27, 2022, 136 Stat. 4330.)

Editorial Notes

Codification

A substantially identical section enacted by Pub. L. 109–444, §6(a)(1), Dec. 21, 2006, 120 Stat. 3308, was repealed by Pub. L. 109–461, title X, §1006(b), Dec. 22, 2006, 120 Stat. 3468, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

Amendments

2022—Subsec. (d)(4). Pub. L. 117–286 substituted "chapter 10 of title 5." for "the Federal Advisory Committee Act."

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 109–461, title II, §209(b), Dec. 22, 2006, 120 Stat. 3418, provided that: "Sections 7329 and 7330 of title 38, United States Code, as added by subsection (a), shall take effect at the end of the 30-day period beginning on the date of the enactment of this Act [Dec. 22, 2006]."

Pub. L. 109–444, §6(b), Dec. 21, 2006, 120 Stat. 3312, which provided that this section and section 7330 of this title would take effect at the end of the 30-day period beginning on Dec. 21, 2006, was repealed by Pub. L. 109–461, title X, §1006(b), Dec. 22, 2006, 120 Stat. 3468, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.
38 U.S.C. § 5104C (2024) — Title 38: VETERANS' BENEFITS / Chapter 51 / Subchapter I / Section 5104C: Options following decision by agency of original jurisdiction
Options following decision by agency of original jurisdiction
Status: in_force

(a) Within One Year of Decision.—(1) Subject to paragraph (2), in any case in which the Secretary renders a decision on a claim, the claimant may take any of the following actions on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision with respect to that claim:

(A) File a request for higher-level review under section 5104B of this title.

(B) File a supplemental claim under section 5108 of this title.

(C) File a notice of disagreement under section 7105 of this title.

(2)(A) Once a claimant takes an action set forth in paragraph (1), the claimant may not take another action set forth in that paragraph with respect to the same claim or same issue contained within the claim until—

(i) the higher-level review, supplemental claim, or notice of disagreement is adjudicated; or

(ii) the request for higher-level review, supplemental claim, or notice of disagreement is withdrawn.

(B) Nothing in this subsection shall prohibit a claimant from taking any of the actions set forth in paragraph (1) in succession with respect to a claim or an issue contained within the claim.

(C) Nothing in this subsection shall prohibit a claimant from taking different actions set forth in paragraph (1) with respect to different claims or different issues contained within a claim.

(D) The Secretary may, as the Secretary considers appropriate, develop and implement a policy for claimants who—

(i) take an action under paragraph (1);

(ii) wish to withdraw the action before the higher-level review, supplemental claim, or notice of disagreement is adjudicated; and

(iii) in lieu of such action take a different action under paragraph (1).

(b) More Than One Year After Decision.—In any case in which the Secretary renders a decision on a claim and more than one year has passed since the date on which the agency of original jurisdiction issues a decision with respect to that claim, the claimant may file a supplemental claim under section 5108 of this title.

(Added Pub. L. 115–55, §2(h)(1), Aug. 23, 2017, 131 Stat. 1108.)

Statutory Notes and Related Subsidiaries

Effective Date

Section 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 an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.