38 U.S.C. § 4316 (2024) — Title 38: VETERANS' BENEFITS / Chapter 43 / Subchapter II / Section 4316: Rights, benefits, and obligations of persons absent from employment for service in a uniformed service
Rights, benefits, and obligations of persons absent from employment for service in a uniformed service
Status: in_force

(a) A person who is reemployed under this chapter is entitled to the seniority and other rights and benefits determined by seniority that the person had on the date of the commencement of service in the uniformed services plus the additional seniority and rights and benefits that such person would have attained if the person had remained continuously employed.

(b)(1) Subject to paragraphs (2) through (6), a person who is absent from a position of employment by reason of service in the uniformed services shall be—

(A) deemed to be on furlough or leave of absence while performing such service; and

(B) entitled to such other rights and benefits not determined by seniority as are generally provided by the employer of the person to employees having similar seniority, status, and pay who are on furlough or leave of absence under a contract, agreement, policy, practice, or plan in effect at the commencement of such service or established while such person performs such service.

(2)(A) Subject to subparagraph (B), a person who—

(i) is absent from a position of employment by reason of service in the uniformed services, and

(ii) knowingly provides written notice of intent not to return to a position of employment after service in the uniformed service,

is not entitled to rights and benefits under paragraph (1)(B).

(B) For the purposes of subparagraph (A), the employer shall have the burden of proving that a person knowingly provided clear written notice of intent not to return to a position of employment after service in the uniformed service and, in doing so, was aware of the specific rights and benefits to be lost under subparagraph (A).

(3) A person deemed to be on furlough or leave of absence under this subsection while serving in the uniformed services shall not be entitled under this subsection to any benefits to which the person would not otherwise be entitled if the person had remained continuously employed.

(4) Such person may be required to pay the employee cost, if any, of any funded benefit continued pursuant to paragraph (1) to the extent other employees on furlough or leave of absence are so required.

(5) The entitlement of a person to coverage under a health plan is provided for under section 4317.

(6) The entitlement of a person to a right or benefit under an employee pension benefit plan is provided for under section 4318.

(c) A person who is reemployed by an employer under this chapter shall not be discharged from such employment, except for cause—

(1) within one year after the date of such reemployment, if the person's period of service before the reemployment was more than 180 days; or

(2) within 180 days after the date of such reemployment, if the person's period of service before the reemployment was more than 30 days but less than 181 days.

(d) Any person whose employment with an employer is interrupted by a period of service in the uniformed services shall be permitted, upon request of that person, to use during such period of service any vacation, annual, or similar leave with pay accrued by the person before the commencement of such service. No employer may require any such person to use vacation, annual, or similar leave during such period of service.

(e)(1) An employer shall grant an employee who is a member of a reserve component an authorized leave of absence from a position of employment to allow that employee to perform funeral honors duty as authorized by section 12503 of title 10 or section 115 of title 32.

(2) For purposes of section 4312(e)(1) of this title, an employee who takes an authorized leave of absence under paragraph (1) is deemed to have notified the employer of the employee's intent to return to such position of employment.

(Added Pub. L. 103–353, §2(a), Oct. 13, 1994, 108 Stat. 3160; amended Pub. L. 104–275, title III, §311(6), Oct. 9, 1996, 110 Stat. 3335; Pub. L. 106–419, title III, §323(b), Nov. 1, 2000, 114 Stat. 1855.)

Editorial Notes

Prior Provisions

A prior section 4316 was renumbered section 7616 of this title.

Amendments

2000—Subsec. (e). Pub. L. 106–419 added subsec. (e).

1996—Subsec. (d). Pub. L. 104–275 inserted at end "No employer may require any such person to use vacation, annual, or similar leave during such period of service."

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–419 effective 180 days after Nov. 1, 2000, see section 323(c) of Pub. L. 106–419, set out as a note under section 4303 of this title.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–275 effective Oct. 13, 1994, see section 313 of Pub. L. 104–275, set out as a note under section 4301 of this title.

Effective Date

Section effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, except that the provisions concerning insurance coverage (other than health) are effective with respect to furloughs or leaves of absence initiated on or after Oct. 13, 1994, and subsec. (b)(2) of this section is applicable only to the rights and benefits provided in subsec. (b)(1)(B) of this section and to persons who leave a position of employment for service in the uniformed services more than 60 days after Oct. 13, 1994, and not applicable to any other right or benefit of a person under this chapter, see section 8 of Pub. L. 103–353, set out as a note under section 4301 of this title.
38 U.S.C. § 8174 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter VI / Section 8174: Submission of annual reviews of information technology
Submission of annual reviews of information technology
Status: in_force

(a) In General.—The Secretary, acting through the Chief Information Officer of the Department, shall submit to the appropriate congressional committees each annual review of the information technology portfolio of the Department conducted pursuant to section 11319(d)(3) of title 40.

(b) First Submission.—The first annual review submitted under subsection (a) shall include a copy of each previous annual review conducted under section 11319(d)(3) of title 40.

(Added Pub. L. 117–328, div. U, title IV, §403(a), Dec. 29, 2022, 136 Stat. 5488.)
38 U.S.C. § 1753 (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter VI / Section 1753: Voluntary participation; confidentiality
Voluntary participation; confidentiality
Status: in_force

(a) The participation by any person in any program or portion thereof under this subchapter shall be wholly voluntary and shall not be a prerequisite to eligibility for or receipt of any other service or assistance from, or to participation in, any other program under this title.

(b) Patient records prepared or obtained under this subchapter shall be held confidential in the same manner and under the same conditions prescribed in section 7332 of this title.

(Added Pub. L. 93–82, title I, §109(a), Aug. 2, 1973, 87 Stat. 187, §653; amended Pub. L. 94–581, title I, §111(b), Oct. 21, 1976, 90 Stat. 2852; Pub. L. 102–40, title IV, §402(d)(1), May 7, 1991, 105 Stat. 239; renumbered §1753, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 653 of this title as this section.

Subsec. (b). Pub. L. 102–40 substituted "7332" for "4132".

1976—Subsec. (b). Pub. L. 94–581 substituted "Patient records prepared or obtained under this subchapter shall be held confidential in the same manner and under the same conditions prescribed in section 4132 of this title" for "The Administrator shall promulgate rules and regulations to insure that all information and patient records prepared or obtained under this subchapter shall be held confidential except for (1) such information as the patient (or his guardian) requests in writing to be released or (2) statistical data compiled without reference to patient names or other identifying characteristics".

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.

Effective Date

Section effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as an Effective Date of 1973 Amendment note under section 1701 of this title.
38 U.S.C. § 3510 (2024) — Title 38: VETERANS' BENEFITS / Chapter 35 / Subchapter II / Section 3510: Eligibility and entitlement generally
Eligibility and entitlement generally
Status: in_force

Each eligible person shall, subject to the provisions of this chapter, be entitled to receive educational assistance.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1194, §1710; renumbered §3510, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 1710 of this title as this section.
38 U.S.C. § 3699A (2024) — Title 38: VETERANS' BENEFITS / Chapter 36 / Subchapter III / Section 3699A: Provision of certain information to educational institutions
Provision of certain information to educational institutions
Status: in_force

(a) In General.—For each veteran or other individual pursuing a course of education that has been approved under this chapter using educational assistance to which the veteran or other individual is entitled under chapter 30, 32, 33, or 35 of this title, the Secretary shall make available to the educational institution offering the course information about the amount of such educational assistance to which the veteran or other individual is entitled. Such information shall be provided to such educational institution through a secure information technology system accessible by the educational institution and shall be regularly updated to reflect any amounts used by the veteran or other individual.

(b) Election.—A veteran or other individual pursuing a course of education described in subsection (a) may elect not to provide the information described in such subsection to an educational institution in a manner prescribed by the Secretary.

(Added Pub. L. 115–48, title III, §308(a), Aug. 16, 2017, 131 Stat. 994.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 115–48, title III, §308(c), Aug. 16, 2017, 131 Stat. 994, provided that: "Section 3699A of title 38, United States Code, as added by this section, shall take effect on August 1, 2018."
38 U.S.C. § 2308 (2024) — Title 38: VETERANS' BENEFITS / Chapter 23 / Section 2308: Transportation of deceased veteran to a national cemetery or a covered veterans' cemetery
Transportation of deceased veteran to a national cemetery or a covered veterans' cemetery
Status: in_force

(a) In General.—The Secretary may pay, in addition to any amount paid pursuant to section 2303 of this title regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section, or pursuant to section 2307 of this title, the cost of transportation of the deceased veteran described in subsection (b) for burial in a national cemetery or a covered veterans' cemetery. Such payment shall not exceed the cost of transportation to the national cemetery nearest the veteran's last place of residence in which burial space is available.

(b) Deceased Veteran Described.—A deceased veteran described in this subsection is any of the following veterans:

(1) A veteran who dies as the result of a service-connected disability.

(2) A veteran who dies while in receipt of disability compensation (or who but for the receipt of retirement pay or pension under this title, would have been entitled to compensation).

(3) A veteran whom the Secretary determines is eligible for funeral expenses under section 2303 of this title by virtue of the Secretary determining that the veteran has no next of kin or other person claiming the body of such veteran pursuant to subsection (a)(2)(C) of such section.

(c) Covered Veterans' Cemetery Defined.—In this section, the term "covered veterans' cemetery" means a veterans' cemetery—

(1) in which a deceased veteran described in subsection (b) is eligible to be buried;

(2) that—

(A) is owned by a State; or

(B) is on trust land owned by, or held in trust for, a tribal organization; and

(3) for which the Secretary has made a grant under section 2408 of this title.

(Added Pub. L. 94–433, title III, §304(a), Sept. 30, 1976, 90 Stat. 1377, §908; amended Pub. L. 101–237, title III, §313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered §2308 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 112–260, title I, §104(b)(2), Jan. 10, 2013, 126 Stat. 2420; Pub. L. 116–315, title II, §§2201(a)–(c), 2202(b)(1)(C), Jan. 5, 2021, 134 Stat. 4983, 4985.)

Editorial Notes

Amendments

2021—Pub. L. 116–315, §2201(c), inserted "or a covered veterans' cemetery" after "national cemetery" in section catchline.

Subsec. (a). Pub. L. 116–315, §2202(b)(1)(C)(i), substituted "pursuant to section 2303 of this title regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section, or pursuant to section 2307 of this title," for "pursuant to section 2302 or 2307 of this title,".

Pub. L. 116–315, §2201(a), substituted "in a national cemetery or a covered veterans' cemetery" for "in a national cemetery".

Subsec. (b)(3). Pub. L. 116–315, §2202(b)(1)(C)(ii), substituted "section 2303" for "section 2302" and "subsection (a)(2)(C)" for "subsection (a)(2)(A)".

Subsec. (c). Pub. L. 116–315, §2201(b), added subsec. (c).

2013—Pub. L. 112–260 designated existing provisions as subsec. (a), inserted heading, substituted "The Secretary" for "Where a veteran dies as the result of a service-connected disability, or is in receipt of (but for the receipt of retirement pay or pension under this title would have been entitled to) disability compensation, the Secretary", inserted "described in subsection (b)" after "of the deceased veteran", and added subsec. (b).

1991—Pub. L. 102–83 renumbered section 908 of this title as this section and substituted "2302 or 2307" for "902 or 907".

1989—Pub. L. 101–237 substituted "Secretary" for "Administrator".

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–315, title II, §2201(e), Jan. 5, 2021, 134 Stat. 4983, provided that: "The amendments made by this section [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Jan. 5, 2021]."

Amendment by section 2202(b)(1)(C) of Pub. L. 116–315 applicable to deaths that occur on or after the date that is two years after Jan. 5, 2021, see section 2202(d) of Pub. L. 116–315, set out as a note under section 113 of this title.

Effective Date of 2013 Amendment

Pub. L. 112–260, title I, §104(b)(3), Jan. 10, 2013, 126 Stat. 2420, provided that: "The amendments made by this subsection [amending this section and section 2302 of this title] shall take effect on the date that is one year after the date of the enactment of this Act [Jan. 10, 2013] and shall apply with respect to burials and funerals occurring on or after the date that is one year after the date of the enactment of this Act."

Effective Date

Section effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as an Effective Date of 1976 Amendment note under section 1101 of this title.
38 U.S.C. § 5903 (2024) — Title 38: VETERANS' BENEFITS / Chapter 59 / Section 5903: Recognition with respect to particular claims
Recognition with respect to particular claims
Status: in_force

(a) In General.—The Secretary may recognize any individual for the preparation, presentation, and prosecution of any particular claim for benefits under any of the laws administered by the Secretary if—

(1) such individual has certified to the Secretary that no fee or compensation of any nature will be charged any individual for services rendered in connection with such claim; and

(2) such individual has filed with the Secretary a power of attorney, executed in such manner and in such form as the Secretary may prescribe.

(b) Suspension.—An individual recognized under this section shall be subject to the provisions of section 5904(b) of this title on the same basis as an individual recognized under section 5904(a) of this title.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1238, §3403; renumbered §5903, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 109–461, title I, §101(a)(3), Dec. 22, 2006, 120 Stat. 3407.)

Editorial Notes

Amendments

2006—Pub. L. 109–461 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

1991—Pub. L. 102–40 renumbered section 3403 of this title as this section.

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in introductory provisions and wherever appearing in pars. (1) and (2).

Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration" in introductory provisions.
38 U.S.C. § 7902 (2024) — Title 38: VETERANS' BENEFITS / Chapter 79 / Section 7902: Scholarship program
Scholarship program
Status: in_force

(a) Authority.—(1) Subject to the availability of appropriations, the Secretary may establish a scholarship program under which the Secretary shall, subject to subsection (d), provide financial assistance in accordance with this section to a qualified person—

(A) who is pursuing a doctoral degree in computer science or electrical or computer engineering at an accredited institution of higher education; and

(B) who enters into an agreement with the Secretary as described in subsection (b).

(2)(A) Except as provided in subparagraph (B), the Secretary may provide financial assistance under this section to an individual for up to five years.

(B) The Secretary may waive the limitation under subparagraph (A) if the Secretary determines that such a waiver is appropriate.

(b) Service Agreement for Scholarship Recipients.—(1) To receive financial assistance under this section an individual shall enter into an agreement to accept and continue employment in the Department for the period of obligated service determined under paragraph (2).

(2) For the purposes of this subsection, the period of obligated service for a recipient of financial assistance under this section shall be the period determined by the Secretary as being appropriate to obtain adequate service in exchange for the financial assistance and otherwise to achieve the goals set forth in section 7901(a) of this title. In no event may the period of service required of a recipient be less than the period equal to the total period of pursuit of a degree for which the Secretary agrees to provide the recipient with financial assistance under this section. The period of obligated service is in addition to any other period for which the recipient is obligated to serve on active duty or in the civil service, as the case may be.

(3) An agreement entered into under this section by a person pursuing a doctoral degree shall include terms that provide the following:

(A) That the period of obligated service begins on a date after the award of the degree that is determined under the regulations prescribed under section 7906 of this title.

(B) That the individual will maintain satisfactory academic progress, as determined in accordance with those regulations, and that failure to maintain such progress constitutes grounds for termination of the financial assistance for the individual under this section.

(C) Any other terms and conditions that the Secretary determines appropriate for carrying out this section.

(c) Amount of Assistance.—(1) The amount of the financial assistance provided for an individual under this section shall be the amount determined by the Secretary as being necessary to pay—

(A) the tuition and fees of the individual; and

(B) $1,500 to the individual each month (including a month between academic semesters or terms leading to the degree for which such assistance is provided or during which the individual is not enrolled in a course of education but is pursuing independent research leading to such degree) for books, laboratory expenses, and expenses of room and board.

(2) In no case may the amount of assistance provided for an individual under this section for an academic year exceed $50,000.

(3) In no case may the total amount of assistance provided for an individual under this section exceed $200,000.

(4) Notwithstanding any other provision of law, financial assistance paid an individual under this section shall not be considered as income or resources in determining eligibility for, or the amount of benefits under, any Federal or federally assisted program.

(d) Repayment for Period of Unserved Obligated Service.—(1) An individual who receives financial assistance under this section shall repay to the Secretary an amount equal to the unearned portion of the financial assistance if the individual fails to satisfy the requirements of the service agreement entered into under subsection (b), except in circumstances authorized by the Secretary.

(2) The Secretary may establish, by regulations, procedures for determining the amount of the repayment required under this subsection and the circumstances under which an exception to the required repayment may be granted.

(3) An obligation to repay the Secretary under this subsection is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after the date of the termination of the agreement or contract on which the debt is based.

(e) Waiver or Suspension of Compliance.—The Secretary shall prescribe regulations providing for the waiver or suspension of any obligation of an individual for service or payment under this section (or an agreement under this section) whenever noncompliance by the individual is due to circumstances beyond the control of the individual or whenever the Secretary determines that the waiver or suspension of compliance is in the best interest of the United States.

(f) Internships.—(1) The Secretary may offer a compensated internship to an individual for whom financial assistance is provided under this section during a period between academic semesters or terms leading to the degree for which such assistance is provided. Compensation provided for such an internship shall be in addition to the financial assistance provided under this section.

(2) An internship under this subsection shall not be counted toward satisfying a period of obligated service under this section.

(g) Ineligibility of Individuals Receiving Montgomery GI Bill Education Assistance Payments.—An individual who receives a payment of educational assistance under chapter 30, 31, 32, 34, or 35 of this title or chapter 1606 or 1607 of title 10 for a month in which the individual is enrolled in a course of education leading to a doctoral degree in information security is not eligible to receive financial assistance under this section for that month.

(Added Pub. L. 109–461, title IX, §903(a)(1), Dec. 22, 2006, 120 Stat. 3460.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 109–461, title IX, §903(c), Dec. 22, 2006, 120 Stat. 3464, provided that: "Section 7902 of title 38, United States Code, as added by subsection (a), may only apply with respect to financial assistance provided for an academic semester or term that begins on or after August 1, 2007."
38 U.S.C. § 7693 (2024) — Title 38: VETERANS' BENEFITS / Chapter 76 / Subchapter VIII / Section 7693: Eligibility; preferences; covered costs
Eligibility; preferences; covered costs
Status: in_force

(a) Eligibility.—An individual is eligible to participate in the Specialty Education Loan Repayment Program if the individual—

(1) will be eligible for appointment under section 7401 of this title to work in an occupation described in section 7692 of this title;

(2) owes any amount of principal or interest under a loan, the proceeds of which were used by or on behalf of that individual to pay costs relating to a course of education or training which led to a degree that qualified the individual for the position referred to in paragraph (1); and

(3) is—

(A) recently graduated from an accredited medical or osteopathic school and matched to an accredited residency program in a medical specialty described in section 7692 of this title; or

(B) a physician in training in a medical specialty described in section 7692 of this title with more than 2 years remaining in such training.

(b) Preferences.—In selecting individuals for participation in the Specialty Education Loan Repayment Program under this subchapter, the Secretary may give preference to the following:

(1) Individuals who are, or will be, participating in residency programs in health care facilities—

(A) located in rural areas;

(B) operated by Indian tribes, tribal organizations, or the Indian Health Service; or

(C) affiliated with underserved health care facilities of the Department.

(2) Veterans.

(c) Covered Costs.—For purposes of subsection (a)(2), costs relating to a course of education or training include—

(1) tuition expenses;

(2) all other reasonable educational expenses, including expenses for fees, books, equipment, and laboratory expenses; and

(3) reasonable living expenses.

(Added Pub. L. 115–182, title III, §303(a), June 6, 2018, 132 Stat. 1464; amended Pub. L. 115–251, title II, §211(a)(12), Sept. 29, 2018, 132 Stat. 3176.)

Editorial Notes

Amendments

2018—Subsec. (a)(1). Pub. L. 115–251 substituted "will be eligible for appointment" for "is hired".

Statutory Notes and Related Subsidiaries

Preference

Pub. L. 115–182, title III, §303(d), June 6, 2018, 132 Stat. 1467, as amended by Pub. L. 115–251, title II, §211(b)(6)(A), Sept. 29, 2018, 132 Stat. 3176, provided that: "In granting preference under section 7693 of title 38, United States Code, as enacted by subsection (a), the Secretary of Veterans Affairs shall determine whether a facility of the Department of Veterans Affairs is underserved based on the criteria developed under section 401 of this Act [38 U.S.C. 8110 note]."
38 U.S.C. § 8123 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter II / Section 8123: Procurement of prosthetic appliances
Procurement of prosthetic appliances
Status: in_force

The Secretary may procure prosthetic appliances and necessary services required in the fitting, supplying, and training and use of prosthetic appliances by purchase, manufacture, contract, or in such other manner as the Secretary may determine to be proper, without regard to any other provision of law.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1254, §5013; amended Pub. L. 94–581, title II, §210(e)(8), Oct. 21, 1976, 90 Stat. 2865; renumbered §5023, Pub. L. 96–22, title III, §301(b)(1), June 13, 1979, 93 Stat. 61; renumbered §8123, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 5023 of this title as this section.

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

1976—Pub. L. 94–581 substituted "the Administrator" for "he".

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
38 U.S.C. § 316 (2024) — Title 38: VETERANS' BENEFITS / Chapter 3 / Section 316: Colocation of regional offices and medical centers
Colocation of regional offices and medical centers
Status: in_force

(a) To provide for a more economical, efficient, and effective operation of such regional offices, the Secretary shall provide for the colocation of at least three regional offices with medical centers of the Department—

(1) on real property under the jurisdiction of the Department of Veterans Affairs at such medical centers; or

(2) on real property that is adjacent to such a medical center and is under the jurisdiction of the Department as a result of being conveyed to the United States for the purpose of such colocation.

(b)(1) In carrying out this section and notwithstanding any other provision of law, the Secretary may lease, with or without compensation and for a period of not to exceed 35 years, to another party at not more than seven locations any of the real property described in paragraph (1) or (2) of subsection (a).

(2) Such real property shall be used as the site of a facility—

(A) constructed and owned by the lessee of such real property; and

(B) leased under subsection (c)(1) to the Department for such use and such other activities as the Secretary determines are appropriate.

(c)(1) The Secretary may enter into a lease for the use of any facility described in subsection (b)(2) for not more than 35 years under such terms and conditions as may be in the best interests of the Department.

(2) Each agreement for such a lease shall provide—

(A) that the obligation of the United States to make payments under the agreement is subject to the availability of appropriations for that purpose; and

(B) that the ownership of the facility shall vest in the United States at the end of such lease.

(d)(1) The Secretary may sublease any space in such a facility to another party at a rate not less than—

(A) the rental rate paid by the Secretary for such space under subsection (c); plus

(B) the amount the Secretary pays for the costs of administering such facility (including operation, maintenance, utility, and rehabilitation costs) which are attributable to such space.

(2) In any such sublease, the Secretary shall include such terms relating to default and nonperformance as the Secretary considers appropriate to protect the interests of the United States.

(e) The Secretary shall use the receipts of any payment for the lease of real property under subsection (b) for the payment of the lease of a facility under subsection (c).

(f)(1) Subject to paragraph (3)(A), the Secretary shall, not later than April 18, 1990, issue an invitation for offers with respect to three colocations to be carried out under this section. The invitation shall include, with respect to each such colocation, at least the following:

(A) Identification of the site to be developed.

(B) Minimum office space requirements for regional office activities.

(C) Design criteria of the facility to be constructed.

(D) A plan for meeting the security and parking needs for the facility and its occupants and visitors.

(E) A statement of current and projected rents and other costs for regional office activities.

(F) The estimated cost of construction of the facility concerned, the estimated annual cost of leasing space for regional office activities in the facility, and the estimated total annual cost of leasing all space in such facility.

(G) A plan for securing appropriate licenses, easements, and rights-of-way.

(H) A list of terms and conditions the Secretary has approved for inclusion in the lease agreement for the facility concerned.

(2) Subject to paragraph (3)(B), the Secretary shall—

(A) not later than one year after the date on which the invitation is issued under paragraph (1), enter into an agreement to carry out one colocation under this subsection; and

(B) within 180 days after entering into the agreement referred to in subparagraph (A), enter into agreements to carry out two additional colocations,

unless the Secretary determines that it is not economically feasible for the Department to undertake them, taking into consideration all of the tangible and intangible benefits associated with such colocations.

(3) The Secretary shall—

(A) at least 10 days before the issuance or other publication of the invitation referred to in paragraph (1), submit a copy of the invitation to the Committees on Veterans' Affairs of the Senate and House of Representatives; and

(B) at least 30 days before entering into an agreement under paragraph (2), submit a copy to the Committees on Veterans' Affairs of the Senate and House of Representatives of the proposals selected by the Secretary from those received in response to the invitation issued under paragraph (1).

(g) The authority to enter into an agreement under this section shall expire on September 30, 1992.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 384.)

Editorial Notes

Prior Provisions

Prior section 316 was renumbered section 1116 of this title.
38 U.S.C. § 3323 (2024) — Title 38: VETERANS' BENEFITS / Chapter 33 / Subchapter III / Section 3323: Administration
Administration
Status: in_force

(a) In General.—

(1) In general.—Except as otherwise provided in this chapter, the provisions specified in sections 3034(a)(1) and 3680(c) shall apply to the provision of educational assistance under this chapter.

(2) Special rule.—In applying the provisions referred to in paragraph (1) to an individual entitled to educational assistance under this chapter for purposes of this section, the reference in such provisions to the term "eligible veteran" shall be deemed to refer to an individual entitled to educational assistance under this chapter.

(3) Rule for applying section 3474.—In applying section 3474 to an individual entitled to educational assistance under this chapter for purposes of this section, the reference in such section 3474 to the term "educational assistance allowance" shall be deemed to refer to educational assistance payable under section 3313.

(4) Rule for applying section 3482.—In applying section 3482(g) to an individual entitled to educational assistance under this chapter for purposes of this section—

(A) the first reference to the term "educational assistance allowance" in such section 3482(g) shall be deemed to refer to educational assistance payable under section 3313; and

(B) the first sentence of paragraph (1) of such section 3482(g) shall be applied as if such sentence ended with "equipment".

(b) Information on Benefits.—

(1) Timing for providing.—The Secretary shall provide the information described in paragraph (2) to each member of the Armed Forces at such times as the Secretary and the Secretary of Defense shall jointly prescribe in regulations.

(2) Description of information.—The information described in this paragraph is information on benefits, limitations, procedures, eligibility requirements (including time-in-service requirements), and other important aspects of educational assistance under this chapter, including application forms for such assistance under section 5102.

(3) To whom provided.—The Secretary of Veterans Affairs shall furnish the information and forms described in paragraph (2), and other educational materials on educational assistance under this chapter, to educational institutions, training establishments, military education personnel, and such other persons and entities as the Secretary considers appropriate.

(c) Regulations.—

(1) In general.—The Secretary shall prescribe regulations for the administration of this chapter.

(2) Uniformity.—Any regulations prescribed by the Secretary of Defense for purposes of this chapter shall apply uniformly across the Armed Forces.

(Added Pub. L. 110–252, title V, §5003(a)(1), June 30, 2008, 122 Stat. 2374; amended Pub. L. 111–377, title I, §112(c), Jan. 4, 2011, 124 Stat. 4122.)

Editorial Notes

Amendments

2011—Subsec. (a). Pub. L. 111–377 substituted "sections 3034(a)(1) and 3680(c)" for "section 3034(a)(1)".

Statutory Notes and Related Subsidiaries

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.
38 U.S.C. § 1710E (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter II / Section 1710E: Traumatic brain injury: use of non-Department facilities for rehabilitation
Traumatic brain injury: use of non-Department facilities for rehabilitation
Status: in_force

(a) Cooperative Agreements.—The Secretary, in implementing and carrying out a plan developed under section 1710C of this title, may provide hospital care and medical services, including rehabilitative services (as defined in section 1710C of this title), through cooperative agreements with appropriate public or private entities that have established long-term neurobehavioral rehabilitation and recovery programs.

(b) Covered Individuals.—The care and services provided under subsection (a) shall be made available to an individual—

(1) who is described in section 1710C(a) of this title; and

(2)(A) to whom the Secretary is unable to provide such treatment or services at the frequency or for the duration prescribed in such plan; or

(B) for whom the Secretary determines that it is optimal with respect to the recovery and rehabilitation for such individual.

(c) Authorities of State Protection and Advocacy Systems.—Nothing in subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 shall be construed as preventing a State protection and advocacy system (as defined in section 1710C(g) of this title) from exercising the authorities described in such subtitle with respect to individuals provided rehabilitative treatment or services under section 1710C of this title in a non-Department facility.

(d) Standards.—The Secretary may not provide treatment or services as described in subsection (a) at a non-Department facility under such subsection unless such facility maintains standards for the provision of such treatment or services established by an independent, peer-reviewed organization that accredits specialized rehabilitation programs for adults with traumatic brain injury.

(Added Pub. L. 110–181, div. A, title XVII, §1703(a), Jan. 28, 2008, 122 Stat. 489; amended Pub. L. 111–163, title V, §509, May 5, 2010, 124 Stat. 1162; Pub. L. 112–154, title I, §107(c), Aug. 6, 2012, 126 Stat. 1173.)

Editorial Notes

References in Text

The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (c), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle C of the Act probably means subtitle C of title I of the Act, which is classified generally to part C (§15041 et seq.) of subchapter I of chapter 144 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 15001 of Title 42 and Tables.

Amendments

2012—Subsec. (a). Pub. L. 112–154, §107(c), inserted ", including rehabilitative services (as defined in section 1710C of this title)," after "medical services".

2010—Subsecs. (b) to (d). Pub. L. 111–163 added subsecs. (b) and (d) and redesignated former subsec. (b) as (c).
38 U.S.C. § 1305 (2024) — Title 38: VETERANS' BENEFITS / Chapter 13 / Subchapter I / Section 1305: Reevaluation of dependency and indemnity compensation determinations pursuant to changes in presumptions of service connection
Reevaluation of dependency and indemnity compensation determinations pursuant to changes in presumptions of service connection
Status: in_force

(a) Reevaluation.—Whenever a law, including through a regulation or Federal court decision or settlement, establishes or modifies a presumption of service connection, the Secretary shall—

(1) identify all claims for dependency and indemnity compensation under this chapter that—

(A) were submitted to the Secretary;

(B) were evaluated and denied by the Secretary before the date on which such provision of law went into effect; and

(C) might have been evaluated differently had the establishment or modification been applicable to the claim;

(2) allow for the reevaluation of such claims at the election of the claimant; and

(3) notwithstanding section 5110 of this title, with respect to claims approved pursuant to such reevaluation, provide compensation under this chapter effective as if the establishment or modification of the presumption of service connection had been in effect on the date of the submission of the original claim described in paragraph (1).

(b) Outreach.—(1) The Secretary shall conduct outreach to inform relevant claimants that they may elect to have a claim be reevaluated in light of the establishment or modification of a presumption of service connection described in subsection (a).

(2) Outreach under paragraph (1) shall include the following:

(A) The Secretary shall publish on the internet website of the Department a notice that such claimants may elect to have a claim so reevaluated.

(B) The Secretary shall notify, in writing or by electronic means, veterans service organizations of the ability of such claimants to elect to have a claim so reevaluated.

(C) The Secretary shall contact each claimant identified under subsection (a) in the same manner that the Department last provided notice of a decision.

(Added Pub. L. 117–168, title II, §204(a), Aug. 10, 2022, 136 Stat. 1776.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 117–168, title II, §204(b), Aug. 10, 2022, 136 Stat. 1777, provided that: "Section 1305 of title 38, United States Code, as added by subsection (a), shall apply with respect to presumptions of service connection established or modified on or after the date of the enactment of this Act [Aug. 10, 2022], including pursuant to amendments made by this Act [see Short Title of 2022 Amendment note set out under section 101 of this title]."

Rule of Construction

Pub. L. 117–168, title II, §204(c), Aug. 10, 2022, 136 Stat. 1777, provided that: "Nothing in this section [enacting this section and provisions set out as a note above] shall be construed as modifying the obligations of the Department of Veterans Affairs under Federal court decisions or settlements in effect as of the date of the enactment of this Act [Aug. 10, 2022]."
38 U.S.C. § 7291 (2024) — Title 38: VETERANS' BENEFITS / Chapter 72 / Subchapter IV / Section 7291: Date when Court decision becomes final
Date when Court decision becomes final
Status: in_force

(a) A decision of the United States Court of Appeals for Veterans Claims shall become final upon the expiration of the time allowed for filing, under section 7292 of this title, a notice of appeal from such decision, if no such notice is duly filed within such time. If such a notice is filed within such time, such a decision shall become final—

(1) upon the expiration of the time allowed for filing a petition for certiorari with the Supreme Court of the United States, if the decision of the Court of Appeals for Veterans Claims is affirmed or the appeal is dismissed by the United States Court of Appeals for the Federal Circuit and no petition for certiorari is duly filed;

(2) upon the denial of a petition for certiorari, if the decision of the Court of Appeals for Veterans Claims is affirmed or the appeal is dismissed by the United States Court of Appeals for the Federal Circuit; or

(3) upon the expiration of 30 days from the date of issuance of the mandate of the Supreme Court, if that Court directs that the decision of the Court of Appeals for Veterans Claims be affirmed or the appeal dismissed.

(b)(1) If the Supreme Court directs that the decision of the Court of Appeals for Veterans Claims be modified or reversed, the decision of the Court of Appeals for Veterans Claims rendered in accordance with the mandate of the Supreme Court shall become final upon the expiration of 30 days from the time it was rendered, unless within such 30 days either the Secretary or the petitioner has instituted proceedings to have such decision corrected to accord with the mandate, in which event the decision of the Court of Appeals for Veterans Claims shall become final when so corrected.

(2) If the decision of the Court of Appeals for Veterans Claims is modified or reversed by the United States Court of Appeals for the Federal Circuit and if—

(A) the time allowed for filing a petition for certiorari has expired and no such petition has been duly filed, or

(B) the petition for certiorari has been denied, or

(C) the decision of the United States Court of Appeals for the Federal Circuit has been affirmed by the Supreme Court,

then the decision of the Court of Appeals for Veterans Claims rendered in accordance with the mandate of the United States Court of Appeals for the Federal Circuit shall become final upon the expiration of 30 days from the time such decision of the Court of Appeals for Veterans Claims was rendered, unless within such 30 days either the Secretary or the petitioner has instituted proceedings to have such decision corrected so that it will accord with the mandate, in which event the decision of the Court of Appeals for Veterans Claims shall become final when so corrected.

(c) If the Supreme Court orders a rehearing, or if the case is remanded by the United States Court of Appeals for the Federal Circuit to the Court of Appeals for Veterans Claims for a rehearing, and if—

(1) the time allowed for filing a petition for certiorari has expired and no such petition has been duly filed, or

(2) the petition for certiorari has been denied, or

(3) the decision of the United States Court of Appeals for the Federal Circuit has been affirmed by the Supreme Court,

then the decision of the Court of Appeals for Veterans Claims rendered upon such rehearing shall become final in the same manner as though no prior decision of the Court of Appeals for Veterans Claims had been rendered.

(d) As used in this section, the term "mandate", in case a mandate has been recalled before the expiration of 30 days from the date of issuance thereof, means the final mandate.

(Added Pub. L. 100–687, div. A, title III, §301(a), Nov. 18, 1988, 102 Stat. 4119, §4091; renumbered §7291 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 105–368, title V, §512(a)(1), (2)(B), Nov. 11, 1998, 112 Stat. 3341.)

Editorial Notes

Amendments

1998—Pub. L. 105–368, §512(a)(2)(B), substituted "Court decision" for "United States Court of Veterans Appeals decision" in section catchline.

Subsecs. (a) to (c). Pub. L. 105–368, §512(a)(1), substituted "Court of Appeals for Veterans Claims" for "Court of Veterans Appeals" wherever appearing.

1991—Pub. L. 102–40, §402(b)(1), renumbered section 4091 of this title as this section.

Subsec. (a). Pub. L. 102–40, §402(d)(1), substituted "7292" for "4092" in introductory provisions.

Subsec. (b). Pub. L. 102–83 substituted "Secretary" for "Administrator" in pars. (1) and (2).

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.
38 U.S.C. § 7692 (2024) — Title 38: VETERANS' BENEFITS / Chapter 76 / Subchapter VIII / Section 7692: Purpose
Purpose
Status: in_force

The purpose of the Specialty Education Loan Repayment Program is to assist, through the establishment of an incentive program for certain individuals employed in the Veterans Health Administration, in meeting the staffing needs of the Veterans Health Administration for physicians in medical specialties for which the Secretary determines recruitment or retention of qualified personnel is difficult.

(Added Pub. L. 115–182, title III, §303(a), June 6, 2018, 132 Stat. 1464.)

Statutory Notes and Related Subsidiaries

Needs of the VHA

Pub. L. 115–182, title III, §303(c), June 6, 2018, 132 Stat. 1467, provided that: "In making determinations each year under section 7692 of title 38, United States Code, as enacted by subsection (a), the Secretary of Veterans Affairs shall consider the anticipated needs of the Veterans Health Administration during the period 2 to 6 years in the future."
38 U.S.C. § 1152 (2024) — Title 38: VETERANS' BENEFITS / Chapter 11 / Subchapter VI / Section 1152: Persons heretofore having a compensable status
Persons heretofore having a compensable status
Status: in_force

The death and disability benefits of this chapter shall, notwithstanding the service requirements thereof, be granted to persons heretofore recognized by law as having a compensable status, including persons whose claims are based on war or peacetime service rendered before April 21, 1898.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1124, §352; renumbered §1152, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 352 of this title as this section.
38 U.S.C. § 5906 (2024) — Title 38: VETERANS' BENEFITS / Chapter 59 / Section 5906: Availability of legal assistance at Department facilities
Availability of legal assistance at Department facilities
Status: in_force

(a) In General.—Not less frequently than three times each year, the Secretary shall facilitate the provision by a qualified legal assistance clinic of pro bono legal assistance described in subsection (c) to eligible individuals at not fewer than one medical center of the Department of Veterans Affairs, or such other facility of the Department as the Secretary considers appropriate, in each State.

(b) Eligible Individuals.—For purposes of this section, an eligible individual is—

(1) any veteran;

(2) any surviving spouse; or

(3) any child of a veteran who has died.

(c) Pro Bono Legal Assistance Described.—The pro bono legal assistance described in this subsection is the following:

(1) Legal assistance with any program administered by the Secretary.

(2) Legal assistance associated with—

(A) improving the status of a military discharge or characterization of service in the Armed Forces, including through a discharge review board; or

(B) seeking a review of a military record before a board of correction for military or naval records.

(3) Such other legal assistance as the Secretary—

(A) considers appropriate; and

(B) determines may be needed by eligible individuals.

(d) Limitation on Use of Facilities.—Space in a medical center or facility designated under subsection (a) shall be reserved for and may only be used by the following, subject to review and removal from participation by the Secretary:

(1) A veterans service organization or other nonprofit organization.

(2) A legal assistance clinic associated with an accredited law school.

(3) A legal services organization.

(4) A bar association.

(5) Such other attorneys and entities as the Secretary considers appropriate.

(e) Legal Assistance in Rural Areas.—In carrying out this section, the Secretary shall ensure that pro bono legal assistance is provided under subsection (a) in rural areas.

(f) Definition of Veterans Service Organization.—In this section, the term "veterans service organization" means any organization recognized by the Secretary for the representation of veterans under section 5902 of this title.

(Added Pub. L. 116–283, div. A, title V, §548(a)(1), Jan. 1, 2021, 134 Stat. 3617.)

Statutory Notes and Related Subsidiaries

Pilot Program To Establish and Support Legal Assistance Clinics

Pub. L. 116–283, div. A, title V, §548(b)–(e), Jan. 1, 2021, 134 Stat. 3618, provided that:

"(b)(1) Pilot program required.—

"(A) In general.—Not later than one year after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Veterans Affairs shall establish a pilot program to assess the feasibility and advisability of awarding grants to eligible entities to establish new legal assistance clinics, or enhance existing legal assistance clinics or other pro bono efforts, for the provision of pro bono legal assistance described in subsection (c) of section 5906 of title 38, United States Code, as added by subsection (a), on a year-round basis to individuals who served in the Armed Forces, including individuals who served in a reserve component of the Armed Forces, and who were discharged or released therefrom, regardless of the conditions of such discharge or release, at locations other than medical centers and facilities described in subsection (a) of such section.

"(B) Rule of construction.—Nothing in subparagraph (A) shall be construed to limit or affect—

"(i) the provision of pro bono legal assistance to eligible individuals at medical centers and facilities of the Department of Veterans Affairs under section 5906(a) of title 38, United States Code, as added by subsection (a); or

"(ii) any other legal assistance provided pro bono at medical centers or facilities of the Department as of the date of the enactment of this Act.

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

"(A) a veterans service organization or other nonprofit organization specifically focused on assisting veterans;

"(B) an entity specifically focused on assisting veterans and associated with an accredited law school;

"(C) a legal services organization or bar association; or

"(D) such other type of entity as the Secretary considers appropriate for purposes of the pilot program.

"(3) Locations.—The Secretary shall ensure that at least one grant is awarded under paragraph (1)(A) to at least one eligible entity in each State, if the Secretary determines that there is such an entity in a State that has applied for, and meets requirements for the award of, such a grant.

"(4) Duration.—The Secretary shall carry out the pilot program during the five-year period beginning on the date on which the Secretary establishes the pilot program.

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

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

"(A) Capacity of the applicant entity to serve veterans and ability of the entity to provide sound legal advice.

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

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

"(D) Geographic diversity of applicant entities.

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

"(7) Grantee reports.—Each recipient of a grant under the pilot program shall, in accordance with such criteria as the Secretary may establish, submit to the Secretary a report on the activities of the recipient and how the grant amounts were used.

"(c) Review of Pro Bono Eligibility of Federal Workers.—

"(1) In general.—The Secretary of Veterans Affairs shall, in consultation with the Attorney General and the Director of the Office of Government Ethics, conduct a review of the rules and regulations governing the circumstances under which attorneys employed by the Federal Government can provide pro bono legal assistance.

"(2) Recommendations.—In conducting the review required by paragraph (1), the Secretary shall develop recommendations for such legislative or administrative action as the Secretary considers appropriate to facilitate greater participation by Federal employees in pro bono legal and other volunteer services for veterans.

"(3) Submittal to congress.—Not later than one year after the date of the enactment of this Act [Jan. 1, 2021], the Secretary shall submit to the appropriate committees of Congress—

"(A) the findings of the Secretary with respect to the review conducted under paragraph (1); and

"(B) the recommendations developed by the Secretary under paragraph (2).

"(d) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the status of the implementation of this section.

"(e) Definitions.—In this section:

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

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

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

"(2) Veterans service organization.—The term 'veterans service organization' means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code."
38 U.S.C. § 1534 (2024) — Title 38: VETERANS' BENEFITS / Chapter 15 / Subchapter III / Section 1534: Surviving spouses of Indian War veterans
Surviving spouses of Indian War veterans
Status: in_force

(a) The Secretary shall pay to the surviving spouse of each Indian War veteran who met the service requirements of section 1511 of this title a pension at the following monthly rate:

(1) $40.64 if such surviving spouse is below seventy years of age; or

(2) $70 if such surviving spouse is seventy years of age or older.

(b) If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child.

(c) No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran—

(1) before March 4, 1917; or

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137, §534; Pub. L. 90–77, title I, §§101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L. 94–169, title I, §106(26)–(29), Dec. 23, 1975, 89 Stat. 1018; Pub. L. 102–54, §14(b)(7), June 13, 1991, 105 Stat. 283; renumbered §1534 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 534 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "1511" for "511" in introductory provisions.

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

Pub. L. 102–54 substituted a period for semicolon at end of par. (2) and struck out at end "; unless such surviving spouse was the spouse of the veteran during such veteran's service in one of the Indian Wars, in which case the monthly rate shall be $75."

1975—Pub. L. 94–169, §106(29), substituted "Surviving spouses" for "Widows" in section catchline.

Subsec. (a). Pub. L. 94–169, §106(26), substituted "pay to a surviving spouse" for "paid to a widow", "unless such surviving spouse" for "she" wherever appearing, "was the spouse" for "was the wife" and "such veteran's" for "his".

Subsec. (b). Pub. L. 94–169, §106(27), substituted "surviving spouse" for "widow".

Subsec. (c). Pub. L. 94–169, §106(28), substituted "paid to a surviving spouse" for "paid to a widow", "unless such surviving spouse" for "unless she" and "such veteran" for "him".

1967—Subsec. (a)(2). Pub. L. 90–77, §105, substituted "$70" for "$65".

Subsec. (c). Pub. L. 90–77, §101(a), qualified widow of a veteran for a pension by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth.

Statutory Notes and Related Subsidiaries

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, §106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.
38 U.S.C. § 5510 (2024) — Title 38: VETERANS' BENEFITS / Chapter 55 / Section 5510: Annual report
Annual report
Status: in_force

The Secretary shall include in the Annual Benefits Report of the Veterans Benefits Administration or the Secretary's Annual Performance and Accountability Report information concerning fiduciaries who have been appointed to receive payments for beneficiaries of the Department. As part of such information, the Secretary shall separately set forth the following:

(1) The number of beneficiaries in each category (veteran, surviving spouse, child, adult disabled child, or parent).

(2) The types of benefit being paid (compensation, pension, dependency and indemnity compensation, death pension or benefits payable to a disabled child under chapter 18 of this title).

(3) The total annual amounts and average annual amounts of benefits paid to fiduciaries for each category and type of benefit.

(4) The number of fiduciaries who are the spouse, parent, legal custodian, court-appointed fiduciary, institutional fiduciary, custodian in fact, and supervised direct payees.

(5) The number of cases in which the fiduciary was changed by the Secretary because of a finding that benefits had been misused.

(6) How such cases of misuse of benefits were addressed by the Secretary.

(7) The final disposition of such cases of misuse of benefits, including the number and dollar amount of any benefits reissued to beneficiaries.

(8) The number of fiduciary cases referred to the Office of the Inspector General and the nature of the actions taken by the Inspector General.

(9) The total amount of money recovered by the Government in cases arising from the misuse of benefits by a fiduciary.

(10) Such other information as the Secretary considers appropriate.

(Added Pub. L. 108–454, title V, §505(a), Dec. 10, 2004, 118 Stat. 3621; amended Pub. L. 111–275, title X, §1001(l), Oct. 13, 2010, 124 Stat. 2897.)

Editorial Notes

Amendments

2010—Pub. L. 111–275, §1001(l)(1), substituted "following:" for "following: —" in introductory provisions.

Par. (9). Pub. L. 111–275, §1001(l)(2), substituted "Government" for "government".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 10, 2004, see section 507(b)(1) of Pub. L. 108–454, set out as an Effective Date of 2004 Amendment note under section 5312 of this title.
38 U.S.C. § 116 (2024) — Title 38: VETERANS' BENEFITS / Chapter 1 / Section 116: Reports to Congress: cost information
Reports to Congress: cost information
Status: in_force

Whenever the Secretary submits to Congress, or any committee of Congress, a report that is required by law or by a joint explanatory statement of a committee of conference of the Congress, the Secretary shall include with the report—

(1) a statement of the cost of preparing the report; and

(2) a brief explanation of the methodology used in preparing that cost statement.

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

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 106–419, title IV, §403(d)(2), Nov. 1, 2000, 114 Stat. 1864, provided that: "Section 116 of title 38, United States Code, as added by paragraph (1) of this subsection, shall apply with respect to any report submitted by the Secretary of Veterans Affairs after the end of the 90-day period beginning on the date of the enactment of this Act [Nov. 1, 2000]."
38 U.S.C. § 1972 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter III / Section 1972: Benefit certificates
Benefit certificates
Status: in_force

The Secretary shall arrange to have each member insured under a policy purchased under section 1966 of this title receive a certificate setting forth the benefits to which the member is entitled thereunder, to whom such benefit shall be payable, to whom claims should be submitted, and summarizing the provisions of the policy principally affecting the member. Such certificate shall be in lieu of the certificate which the insurance company or companies would otherwise be required to issue.

(Added Pub. L. 89–214, §1(a), Sept. 29, 1965, 79 Stat. 885, §772; renumbered §1972 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 772 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted "1966" for "766".

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".
38 U.S.C. § 1118 (2024) — Title 38: VETERANS' BENEFITS / Chapter 11 / Subchapter II / Section 1118: Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War
Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War
Status: in_force

(a)(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service.

(2) An illness referred to in paragraph (1) is any diagnosed or undiagnosed illness that—

(A) the Secretary determines in regulations prescribed under this section to warrant a presumption of service connection by reason of having a positive association with exposure to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine known or presumed to be associated with service in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War; and

(B) becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty in that theater of operations during that war and by reason of such service was exposed to such agent, hazard, or medicine or vaccine.

(3) For purposes of this subsection, a veteran who served on active duty in the Southwest Asia theater of operations during the Persian Gulf War and has an illness described in paragraph (2) shall be presumed to have been exposed by reason of such service to the agent, hazard, or medicine or vaccine associated with the illness in the regulations prescribed under this section unless there is conclusive evidence to establish that the veteran was not exposed to the agent, hazard, or medicine or vaccine by reason of such service.

(4) For purposes of this section, signs or symptoms that may be a manifestation of an undiagnosed illness include the signs and symptoms listed in section 1117(g) of this title.

(b) The Secretary shall ensure that any determination made on or after the date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 regarding a presumption of service connection based on a toxic exposure under this section is made pursuant to subchapter VII of this chapter.

(Added Pub. L. 105–277, div. C, title XVI, §1602(a)(1), Oct. 21, 1998, 112 Stat. 2681–742; amended Pub. L. 107–103, title II, §202(b)(2), (d)(1), Dec. 27, 2001, 115 Stat. 989; Pub. L. 117–168, title II, §202(d)(3), Aug. 10, 2022, 136 Stat. 1775.)

Editorial Notes

References in Text

The date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsec. (b), is the date of enactment of Pub. L. 117–168, which was approved Aug. 10, 2022.

Amendments

2022—Subsecs. (b) to (e). Pub. L. 117–168 added subsec. (b) and struck out former subsecs. (b) to (e) which related to determinations of presumptions of service connection between illnesses and exposure to toxic agents during the Persian Gulf War.

2001—Subsec. (a)(4). Pub. L. 107–103, §202(b)(2), added par. (4).

Subsec. (e). Pub. L. 107–103, §202(d)(1), substituted "on September 30, 2011" for "10 years after the first day of the fiscal year in which the National Academy of Sciences submits to the Secretary the first report under section 1603 of the Persian Gulf War Veterans Act of 1998".

Statutory Notes and Related Subsidiaries

Effective Date of 2001 Amendment

Amendment by section 202(b)(2) of Pub. L. 107–103 effective Mar. 1, 2002, see section 202(c) of Pub. L. 107–103, set out as a note under section 1117 of this title.
38 U.S.C. § 8505 (2024) — Title 38: VETERANS' BENEFITS / Chapter 85 / Subchapter I / Section 8505: Sale or other disposition of property
Sale or other disposition of property
Status: in_force

Any unclaimed personal property as described in section 8502 of this title of veterans who have heretofore died or who may hereafter die while maintained as such in a Department facility, and also any unclaimed property heretofore or hereafter found or situated in such facility, may be sold, used, destroyed, or otherwise disposed of in accordance with this subchapter, and subject to regulations promulgated by the Secretary pursuant hereto; and the net proceeds of sale thereof shall be credited and be subject to disbursement as provided in this subchapter.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1258, §5205; renumbered §8505 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 5205 of this title as this section and substituted "8502" for "5202".

Pub. L. 102–83 substituted "Secretary" for "Administrator" and "Department" for "Veterans' Administration".
38 U.S.C. § 1523 (2024) — Title 38: VETERANS' BENEFITS / Chapter 15 / Subchapter II / Section 1523: Combination of ratings
Combination of ratings
Status: in_force

(a) The Secretary shall provide that, for the purpose of determining whether or not a veteran is permanently and totally disabled, ratings for service-connected disabilities may be combined with ratings for non-service-connected disabilities.

(b) Where a veteran, by virtue of subsection (a), is found to be entitled to a pension under section 1521 of this title, and is entitled to compensation for a service-connected disability, the Secretary shall pay such veteran the greater benefit.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1136, §523; Pub. L. 94–169, title I, §106(19), Dec. 23, 1975, 89 Stat. 1018; renumbered §1523 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 523 of this title as this section.

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

Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "1521" for "521".

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

1975—Subsec. (b). Pub. L. 94–169 substituted "such veteran" for "him".

Statutory Notes and Related Subsidiaries

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, §106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.
38 U.S.C. § 2102B (2024) — Title 38: VETERANS' BENEFITS / Chapter 21 / Section 2102B: Adaptations to residences of veterans in rehabilitation programs
Adaptations to residences of veterans in rehabilitation programs
Status: in_force

(a) In General.—Subject to subsections (b) and (c), the Secretary may assist a veteran who is entitled to services and assistance under chapter 31 of this title and is pursuing a rehabilitation program under such chapter in acquiring such adaptations to such veteran's residence as are determined necessary by the Secretary to accomplish the purposes of such rehabilitation program.

(b) Amount.—(1) The aggregate amount of assistance available to a veteran under subsection (a) may not exceed $77,307. The Secretary may waive this limitation for a veteran if the Secretary determines a waiver is necessary for the rehabilitation program of the veteran.

(2) Effective on October 1 of each year (beginning in 2017), the Secretary shall increase the amount described in paragraph (1) by the percentage calculated under section 2102(e)(2) of this title.

(3) Beginning on October 1, 2019, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a biennial report on the use of the waiver authority under paragraph (1).

(c) Regulations.—The Secretary shall prescribe such regulations as may be necessary to carry out this section.

(d) Rehabilitation Program Defined.—In this section, the term "rehabilitation program" has the meaning given such term in section 3101 of this title.

(Added Pub. L. 115–177, §1(a), June 1, 2018, 132 Stat. 1376.)

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 115–177, §1(b), June 1, 2018, 132 Stat. 1376, provided that: "The Secretary may provide assistance under section 2102B of such title [meaning title 38, United States Code], as added by subsection (a), in advance of regulations by issuing notice specifying the criteria for the application, approval, and oversight processes relating to the provision of assistance under such section."
38 U.S.C. § 3699D (2024) — Title 38: VETERANS' BENEFITS / Chapter 36 / Subchapter III / Section 3699D: Notice of changes to policies and guidance relating to educational assistance programs
Notice of changes to policies and guidance relating to educational assistance programs
Status: in_force

In the case of any change to any policy or guidance provided by the Secretary that relates to any educational assistance program of the Department, the Secretary may not implement the change before the date that is 90 days after the date on which the Secretary makes available to students, educational institutions, and the Committees on Veterans' Affairs of the Senate and House of Representatives notice of, and justification for, the change.

(Added Pub. L. 118–210, title II, §213(a), Jan. 2, 2025, 138 Stat. 2774.)
38 U.S.C. § 7684 (2024) — Title 38: VETERANS' BENEFITS / Chapter 76 / Subchapter VII / Section 7684: Repealed. Pub. L. 107-135, title I, §102(a)(1), Jan. 23, 2002, 115 Stat. 2448
Repealed. Pub. L. 107-135, title I, §102(a)(1), Jan. 23, 2002, 115 Stat. 2448
Status: repealed

[§7684. Repealed. Pub. L. 107–135, title I, §102(a)(1), Jan. 23, 2002, 115 Stat. 2448]

Section, added Pub. L. 105–368, title VIII, §803(a), Nov. 11, 1998, 112 Stat. 3358, provided that the Secretary could not make education debt reduction payments to individuals who had not commenced participation in the Education Debt Reduction Program before Dec. 31, 2001.
38 U.S.C. § 3601 (2024) — Title 38: VETERANS' BENEFITS / Chapter 36 / Subchapter I / Section 3601: Definition of emergency situation
Definition of emergency situation
Status: in_force

In this chapter, the term "emergency situation" means a situation that—

(1) the President declares is an emergency; and

(2) the Secretary determines is an emergency for purposes of the laws administered by the Secretary.

(Added Pub. L. 117–333, §2(a)(2), Jan. 5, 2023, 136 Stat. 6122.)
38 U.S.C. § 8166 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter V / Section 8166: Construction standards
Construction standards
Status: in_force

The construction, alteration, repair, remodeling, or improvement of a property that is the subject of an enhanced-use lease shall be carried out so as to comply with all applicable provisions of Federal, State, and local law relating to land use, building standards, permits, and inspections.

(Added Pub. L. 102–86, title IV, §401(a), Aug. 14, 1991, 105 Stat. 421; amended Pub. L. 108–422, title IV, §417, Nov. 30, 2004, 118 Stat. 2393; Pub. L. 112—154, title II, §211(g), Aug. 6, 2012, 126 Stat. 1181.)

Editorial Notes

Amendments

2012—Pub. L. 112–154 amended section generally. Prior to amendment, section read as follows:

"(a) Unless the Secretary provides otherwise, the construction, alteration, repair, remodeling, or improvement of the property that is the subject of the lease shall be carried out so as to comply with all standards applicable to construction of Federal buildings. Any such construction, alteration, repair, remodeling, or improvement shall not be subject to any State or local law relating to land use, building codes, permits, or inspections unless the Secretary provides otherwise.

"(b) Unless the Secretary has provided that Federal construction standards are not applicable to a property, the Secretary shall conduct periodic inspections of any such construction, alteration, repair, remodeling, or improvement for the purpose of ensuring that the standards are met."

2004—Subsec. (a). Pub. L. 108–422 inserted "land use," after "relating to" in second sentence.
38 U.S.C. § 7652 (2024) — Title 38: VETERANS' BENEFITS / Chapter 76 / Subchapter V / Section 7652: Eligibility: individuals entitled to benefits under the GI Bill program for members of the Selected Reserve
Eligibility: individuals entitled to benefits under the GI Bill program for members of the Selected Reserve
Status: in_force

The Secretary of Veterans Affairs may not approve an application under section 7603 of this title of an individual applying to receive assistance under this subchapter unless—

(1) the individual is entitled to benefits under chapter 106 of title 10; and

(2) the score of the individual on the Armed Forces Qualification Test was above the 50th percentile.

(Added Pub. L. 101–366, title II, §205(a)(1), Aug. 15, 1990, 104 Stat. 440, §4352; renumbered §7652 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.)

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 4352 of this title as this section and substituted "7603" for "4303" in introductory provisions.
38 U.S.C. § 6106 (2024) — Title 38: VETERANS' BENEFITS / Chapter 61 / Section 6106: Misuse of benefits by fiduciaries
Misuse of benefits by fiduciaries
Status: in_force

(a) Fee Forfeiture in Case of Benefit Misuse by Fiduciaries.—A fiduciary may not collect a fee from a beneficiary for any month with respect to which the Secretary or a court of competent jurisdiction has determined that the fiduciary misused all or part of the individual's benefit, and any amount so collected by the fiduciary as a fee for such month shall be treated as a misused part of the individual's benefit.

(b) Misuse of Benefits Defined.—For purposes of this chapter, misuse of benefits by a fiduciary occurs in any case in which the fiduciary receives payment, under any of laws administered by the Secretary, for the use and benefit of a beneficiary and uses such payment, or any part thereof, for a use other than for the use and benefit of such beneficiary or that beneficiary's dependents. Retention by a fiduciary of an amount of a benefit payment as a fiduciary fee or commission, or as attorney's fees (including expenses) and court costs, if authorized by the Secretary or a court of competent jurisdiction, shall be considered to be for the use or benefit of such beneficiary.

(c) Regulations.—The Secretary may prescribe by regulation the meaning of the term "use and benefit" for purposes of this section.

(Added Pub. L. 108–454, title V, §503(a)(1), Dec. 10, 2004, 118 Stat. 3619.)

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to any determinations by the Secretary of Veterans Affairs made after Dec. 10, 2004, of misuse of funds by a fiduciary, see section 507(b)(2) of Pub. L. 108–454, set out as an Effective Date of 2004 Amendment note under section 5312 of this title.
38 U.S.C. § 7422 (2024) — Title 38: VETERANS' BENEFITS / Chapter 74 / Subchapter II / Section 7422: Collective bargaining
Collective bargaining
Status: in_force

(a) Except as otherwise specifically provided in this title, the authority of the Secretary to prescribe regulations under section 7421 of this title is subject to the right of Federal employees to engage in collective bargaining with respect to conditions of employment through representatives chosen by them in accordance with chapter 71 of title 5 (relating to labor-management relations).

(b) Such collective bargaining (and any grievance procedures provided under a collective bargaining agreement) in the case of employees described in section 7421(b) of this title may not cover, or have any applicability to, any matter or question concerning or arising out of (1) professional conduct or competence, (2) peer review, or (3) the establishment, determination, or adjustment of employee compensation under this title.

(c) For purposes of this section, the term "professional conduct or competence" means any of the following:

(1) Direct patient care.

(2) Clinical competence.

(d) An issue of whether a matter or question concerns or arises out of (1) professional conduct or competence, (2) peer review, or (3) the establishment, determination, or adjustment of employee compensation under this title shall be decided by the Secretary and is not itself subject to collective bargaining and may not be reviewed by any other agency.

(e) A petition for judicial review or petition for enforcement under section 7123 of title 5 in any case involving employees described in section 7421(b) of this title or arising out of the applicability of chapter 71 of title 5 to employees in those positions, shall be taken only in the United States Court of Appeals for the District of Columbia Circuit.

(Added Pub. L. 102–40, title II, §202, May 7, 1991, 105 Stat. 200.)
38 U.S.C. § 6301 (2024) — Title 38: VETERANS' BENEFITS / Chapter 63 / Subchapter I / Section 6301: Purpose; definitions
Purpose; definitions
Status: in_force

(a) Purpose.—The Congress declares that—

(1) the outreach services program authorized by this subchapter is for the purpose of ensuring that all veterans (especially those who have been recently discharged or released from active military, naval, air, or space service, or from a reserve component, and those who are eligible for readjustment or other benefits and services under laws administered by the Department) are provided timely and appropriate assistance to aid and encourage them in applying for and obtaining such benefits and services in order that they may achieve a rapid social and economic readjustment to civilian life and obtain a higher standard of living for themselves and their dependents; and

(2) the outreach services program authorized by this subchapter is for the purpose of charging the Department with the affirmative duty of seeking out eligible veterans and eligible dependents and providing them with such services.

(b) Definitions.—For the purposes of this subchapter—

(1) the term "outreach" means the act or process of reaching out in a systematic manner to proactively provide information, services, and benefits counseling to veterans, and to the spouses, children, and parents of veterans who may be eligible to receive benefits under the laws administered by the Secretary, to ensure that such individuals are fully informed about, and receive assistance in applying for, such benefits;

(2) the term "other governmental programs" includes all programs under State or local laws as well as all programs under Federal law other than those authorized by this title; and

(3) the term "eligible dependent" means a spouse, surviving spouse, child, or dependent parent of a person who served in the active military, naval, air, or space service.

(Added Pub. L. 109–233, title IV, §402(a), June 15, 2006, 120 Stat. 407; amended Pub. L. 110–181, div. A, title XVII, §1710, Jan. 28, 2008, 122 Stat. 494; Pub. L. 116–283, div. A, title IX, §926(a)(58), Jan. 1, 2021, 134 Stat. 3830; Pub. L. 117–205, §2(b)(2), Oct. 17, 2022, 136 Stat. 2233.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 7721 of this title prior to repeal by Pub. L. 109–233.

Amendments

2022—Pub. L. 117–205 substituted "this subchapter" for "this chapter" wherever appearing.

2021—Subsecs. (a)(1), (b)(3). Pub. L. 116–283 "air, or space service" for "or air service".

2008—Subsec. (a)(1). Pub. L. 110–181, §1710(a), inserted ", or from a reserve component," after "active military, naval, or air service".

Subsec. (b). Pub. L. 110–181, §1710(b), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.
38 U.S.C. § 3697A (2024) — Title 38: VETERANS' BENEFITS / Chapter 36 / Subchapter III / Section 3697A: Educational and vocational counseling
Educational and vocational counseling
Status: in_force

(a) The Secretary shall make available to an individual described in subsection (b) of this section, upon such individual's request, counseling services, including such educational and vocational counseling and guidance, testing, and other assistance as the Secretary determines necessary to aid the individual in selecting—

(1) an educational or training objective and an educational institution or training establishment appropriate for the attainment of such objective; or

(2) an employment objective that would be likely to provide such individual with satisfactory employment opportunities in the light of the individual's personal circumstances.

(b) For the purposes of this section, the term "individual" means an individual who—

(1) is eligible for educational assistance under chapter 30, 31, 32, or 33 of this title or chapter 106 or 107 of title 10;

(2) was discharged or released from active duty under conditions other than dishonorable if not more than one year has elapsed since the date of such last discharge or release from active duty; or

(3) is serving on active duty in any State with the Armed Forces and is within 180 days of the estimated date of such individual's discharge or release from active duty under conditions other than dishonorable, including those who are making a determination of whether to continue as members of the Armed Forces.

(c) In any case in which the Secretary has rated the individual as being incompetent, the counseling services described in subsection (a) of this section shall be required to be provided to the individual before the selection of a program of education or training.

(d) At such intervals as the Secretary determines necessary, the Secretary shall make available information concerning the need for general education and for trained personnel in the various crafts, trades, and professions. Facilities of other Federal agencies collecting such information shall be utilized to the extent the Secretary determines practicable.

(e) The Secretary shall take appropriate steps (including individual notification where feasible) to acquaint all individuals described in subsection (b) of this section with the availability and advantages of counseling services under this section.

(Added Pub. L. 102–16, §2(a), Mar. 22, 1991, 105 Stat. 48, §1797A; renumbered §3697A, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; amended Pub. L. 110–252, title V, §5003(b)(2)(B), June 30, 2008, 122 Stat. 2375.)

Editorial Notes

Amendments

2008—Subsec. (b)(1). Pub. L. 110–252 substituted "32, or 33" for "or 32".

1991—Pub. L. 102–83 renumbered section 1797A of this title as this section.

Statutory Notes and Related Subsidiaries

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.

Department of Veterans Affairs Provision of Information on Articulation Agreements Between Institutions of Higher Learning

Pub. L. 114–315, title IV, §415, Dec. 16, 2016, 130 Stat. 1564, provided that:

"(a) Information.—Department of Veterans Affairs counselors who provide educational or vocational counseling services pursuant to section 3697A of title 38, United States Code, shall provide to any eligible individual who requests such counseling services information about the articulation agreements of each institution of higher learning in which the individual is interested.

"(b) Certification of Eligibility.—When the Secretary of Veterans Affairs provides to an individual a certification of eligibility for educational assistance provided by the Department of Veterans Affairs, the Secretary shall also include detailed information on such educational assistance, including information on requesting education counseling services and on articulation agreements.

"(c) Definitions.—In this section:

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

"(2) The term 'articulation agreement' has the meaning given such term in section 486A of the Higher Education Act of 1965 (Public Law 89–329; 20 U.S.C. 1093a).

"(d) Deadline for Implementation.—The Secretary of Veterans Affairs shall implement this section not later than 90 days after the date of the enactment of this Act [Dec. 16, 2016]."
38 U.S.C. § 7361 (2024) — Title 38: VETERANS' BENEFITS / Chapter 73 / Subchapter IV / Section 7361: Authority to establish; status
Authority to establish; status
Status: in_force

(a) The Secretary may authorize the establishment at any Department medical center of a nonprofit corporation to provide a flexible funding mechanism for the conduct of approved research and education at the medical center. Such a corporation may be established to facilitate either research or education or both research and education.

(b)(1) Subject to paragraph (2), a corporation established under this subchapter may facilitate the conduct of research, education, or both at more than one medical center. Such a corporation shall be known as a "multi-medical center research corporation".

(2) The board of directors of a multi-medical center research corporation under this subsection shall include the official at each Department medical center concerned who is, or who carries out the responsibilities of, the medical center director of such center as specified in section 7363(a)(1)(A)(i) of this title.

(3) In facilitating the conduct of research, education, or both at more than one Department medical center under this subchapter, a multi-medical center research corporation may administer receipts and expenditures relating to such research, education, or both, as applicable, performed at the Department medical centers concerned.

(c) Any corporation established under this subchapter shall be established in accordance with the nonprofit corporation laws of the State in which the applicable Department medical center is located and shall, to the extent not inconsistent with any Federal law, be subject to the laws of such State. In the case of any multi-medical center research corporation that facilitates the conduct of research, education, or both at Department medical centers located in different States, the corporation shall be established in accordance with the nonprofit corporation laws of the State in which one of such Department medical centers is located.

(d)(1) Except as otherwise provided in this subchapter or under regulations prescribed by the Secretary, any corporation established under this subchapter, and its officers, directors, and employees, shall be required to comply only with those Federal laws, regulations, and executive orders and directives that apply generally to private nonprofit corporations.

(2) A corporation under this subchapter is not—

(A) owned or controlled by the United States; or

(B) an agency or instrumentality of the United States.

(e) If by the end of the four-year period beginning on the date of the establishment of a corporation under this subchapter the corporation is not recognized as an entity the income of which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, the Secretary shall dissolve the corporation.

(f) A corporation established under this subchapter may act as a multi-medical center research corporation under this subchapter in accordance with subsection (b) if—

(1) the board of directors of the corporation approves a resolution permitting facilitation by the corporation of the conduct of research, education, or both at the other Department medical center or medical centers concerned; and

(2) the Secretary approves the resolution of the corporation under paragraph (1).

(Added Pub. L. 100–322, title II, §204(a), May 20, 1988, 102 Stat. 510, §4161; renumbered §7361 and amended Pub. L. 102–40, title IV, §§401(a)(4)(B), 403(a)(1), (2), May 7, 1991, 105 Stat. 221, 239; Pub. L. 102–291, §3(a), May 20, 1992, 106 Stat. 179; Pub. L. 104–262, title III, §343(b), Oct. 9, 1996, 110 Stat. 3207; Pub. L. 106–117, title II, §204(a), Nov. 30, 1999, 113 Stat. 1562; Pub. L. 111–163, title VIII, §801(a), (b)(1), (c), (d), May 5, 2010, 124 Stat. 1175, 1176.)

Editorial Notes

References in Text

Section 501(c)(3) of the Internal Revenue Code of 1986, referred to in subsec. (e), is classified to section 501(c)(3) of Title 26, Internal Revenue Code.

Amendments

2010—Subsec. (a). Pub. L. 111–163, §801(c)(1), struck out "Except as otherwise required in this subchapter or under regulations prescribed by the Secretary, any such corporation, and its directors and employees, shall be required to comply only with those Federal laws, regulations, and executive orders and directives which apply generally to private nonprofit corporations." after "the medical center."

Subsecs. (b) to (d). Pub. L. 111–163, §801(a)(1)(B), (b)(1), (c)(2), added subsecs. (b) to (d). Former subsec. (b) redesignated (e).

Subsec. (e). Pub. L. 111–163, §801(d), inserted "section 501(c)(3) of" after "exempt from taxation under".

Pub. L. 111–163, §801(a)(1)(A), redesignated subsec. (b) as (e).

Subsec. (f). Pub. L. 111–163, §801(a)(2), added subsec. (f).

1999—Subsec. (a). Pub. L. 106–117 inserted "and education" after "research" and inserted at end "Such a corporation may be established to facilitate either research or education or both research and education."

1996—Subsec. (b). Pub. L. 104–262 struck out "section 501(c)(3) of" before "the Internal Revenue Code of 1986".

1992—Subsec. (b). Pub. L. 102–291 substituted "four-year period" for "three-year period".

1991—Pub. L. 102–40, §401(a)(4)(B), renumbered section 4161 of this title as this section.

Subsec. (a). Pub. L. 102–40, §403(a)(2), substituted "Department" for "Veterans' Administration".

Pub. L. 102–40, §403(a)(1), substituted "Secretary" for "Administrator" in two places.

Subsec. (b). Pub. L. 102–40, §403(a)(1), substituted "Secretary" for "Administrator".

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–291, §3(c), May 20, 1992, 106 Stat. 179, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 7368 of this title] shall take effect as of October 1, 1991."

Ratification of Actions of Secretary of Veterans Affairs During Lapsed Period

Pub. L. 102–291, §3(d), May 20, 1992, 106 Stat. 179, provided that: "The following actions of the Secretary of Veterans Affairs during the period beginning on October 1, 1991, and ending on the date of the enactment of this Act [May 20, 1992] are hereby ratified:

"(1) A failure to dissolve a nonprofit corporation established under section 7361(a) of title 38, United States Code, that, within the three-year period beginning on the date of the establishment of the corporation, was not recognized as an entity the income of which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)].

"(2) The establishment of a nonprofit corporation for approved research under section 7361(a) of title 38, United States Code."
38 U.S.C. § 8171 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter VI / Section 8171: Definitions
Definitions
Status: in_force

In this subchapter:

(1) The term "appropriate congressional committees" means—

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

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

(2) The term "information technology" has the meaning given that term in section 11101 of title 40.

(3)(A) The term "information technology project" means a project or program of the Department (including a project or program of any element of the Department) for, or including, the acquisition or implementation of information technology.

(B) In cases where the Secretary transmits to the Director of the Office of Management and Budget information regarding information technology investments, which may consist of individual or multiple projects, the term "information technology project" refers to an individual project or program or a grouping of multiple projects or programs resulting in the acquisition or implementation of discrete information technology.

(4) The term "life cycle costs" means all direct and indirect costs to acquire, implement, operate, and maintain information technology, including with respect to costs of any element of the Department.

(5) The term "major information technology project" means an information technology project if—

(A) the project is designated by the Secretary, the Chief Information Officer of the Department, or the Director of the Office of Management and Budget as a major information technology investment, as defined in section 11302 of title 40; or

(B) the dollar value of the project is estimated by the Secretary to exceed—

(i) $1,000,000,000 (as adjusted for inflation pursuant to section 1908 of title 41) for the total life cycle costs of the project; or

(ii) $200,000,000 (as adjusted for inflation pursuant to section 1908 of title 41) annually.

(6) The term "business owner" means, with respect to an information technology project, the program manager, project manager, or other supervisory official of the Department responsible for the project.

(Added Pub. L. 117–328, div. U, title IV, §403(a), Dec. 29, 2022, 136 Stat. 5486.)
38 U.S.C. § 319 (2024) — Title 38: VETERANS' BENEFITS / Chapter 3 / Section 319: Office of Employment Discrimination Complaint Adjudication
Office of Employment Discrimination Complaint Adjudication
Status: in_force

(a)(1) There is in the Department an Office of Employment Discrimination Complaint Adjudication. There is at the head of the Office a Director.

(2) The Director shall be a career appointee in the Senior Executive Service.

(3) The Director reports directly to the Secretary or the Deputy Secretary concerning matters within the responsibility of the Office.

(b)(1) The Director is responsible for making the final agency decision within the Department on the merits of any employment discrimination complaint filed by an employee, or an applicant for employment, with the Department. The Director shall make such decisions in an impartial and objective manner.

(2) No person may make any ex parte communication to the Director or to any employee of the Office with respect to a matter on which the Director has responsibility for making a final agency decision.

(c) Whenever the Director has reason to believe that there has been retaliation against an employee by reason of the employee asserting rights under an equal employment opportunity law, the Director shall report the suspected retaliatory action directly to the Secretary or Deputy Secretary, who shall take appropriate action thereon.

(d)(1) The Office shall employ a sufficient number of attorneys and other personnel as are necessary to carry out the functions of the Office. Attorneys shall be compensated at a level commensurate with attorneys employed by the Office of the General Counsel.

(2) The Secretary shall ensure that the Director is furnished sufficient resources in addition to personnel under paragraph (1) to enable the Director to carry out the functions of the Office in a timely manner.

(3) The Secretary shall ensure that any performance appraisal of the Director of the Office of Employment Discrimination Complaint Adjudication or of any employee of the Office does not take into consideration the record of the Director or employee in deciding cases for or against the Department.

(Added Pub. L. 105–114, title I, §102(a)(1), Nov. 21, 1997, 111 Stat. 2280.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 105–114, title I, §102(c), Nov. 21, 1997, 111 Stat. 2281, provided that: "Section 319 of title 38, United States Code, as added by subsection (a), shall take effect 90 days after the date of enactment of this Act [Nov. 21, 1997]."

Reports on Implementation

Pub. L. 105–114, title I, §102(b), Nov. 21, 1997, 111 Stat. 2281, required the Director of the Office of Employment Discrimination Complaint Adjudication of the Department of Veterans Affairs to submit to the Secretary of Veterans Affairs and to Congress reports on the implementation and the operation of the office, with the first report due not later than Apr. 1, 1998, and subsequent reports due not later than Jan. 1, 1999, and Jan. 1, 2000.
38 U.S.C. § 7106 (2024) — Title 38: VETERANS' BENEFITS / Chapter 71 / Section 7106: Repealed. Pub. L. 115-55, §2(s)(1), Aug. 23, 2017, 131 Stat. 1112
Repealed. Pub. L. 115-55, §2(s)(1), Aug. 23, 2017, 131 Stat. 1112
Status: repealed

[§7106. Repealed. Pub. L. 115–55, §2(s)(1), Aug. 23, 2017, 131 Stat. 1112]

Section, added Pub. L. 87–666, §1, Sept. 19, 1962, 76 Stat. 554, §4006; renumbered §7106 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405, related to application for administrative appeals.

Provisions similar to those comprising this section were contained in subsec. (c)(2) of former section 4005 of this title, prior to the general amendment of sections 4005 to 4007 by Pub. L. 87–666.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal 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.
38 U.S.C. § 731 (2024) — Title 38: VETERANS' BENEFITS / Chapter 7 / Subchapter II / Section 731: Adverse actions against supervisory employees who commit prohibited personnel actions relating to whistleblower complaints
Adverse actions against supervisory employees who commit prohibited personnel actions relating to whistleblower complaints
Status: in_force

(a) In General.—(1) In accordance with paragraph (2), the Secretary shall carry out the following adverse actions against supervisory employees (as defined in section 7103(a) of title 5) whom the Secretary, an administrative judge, the Merit Systems Protection Board, the Office of Special Counsel, an adjudicating body provided under a union contract, a Federal judge, or the Inspector General of the Department determines committed a prohibited personnel action described in subsection (c):

(A) With respect to the first offense, an adverse action that is not less than a 12-day suspension and not more than removal.

(B) With respect to the second offense, removal.

(2)(A) An employee against whom an adverse action under paragraph (1) is proposed is entitled to written notice.

(B)(i) An employee who is notified under subparagraph (A) of being the subject of a proposed adverse action under paragraph (1) is entitled to 10 days following such notification to answer and furnish evidence in support of the answer.

(ii) If the employee does not furnish any such evidence as described in clause (i) or if the Secretary determines that such evidence is not sufficient to reverse the determination to propose the adverse action, the Secretary shall carry out the adverse action following such 10-day period.

(C) Paragraphs (1) and (2) of subsection (b) of section 7513 of title 5, subsection (c) of such section, paragraphs (1) and (2) of subsection (b) of section 7543 of such title, and subsection (c) of such section shall not apply with respect to an adverse action carried out under paragraph (1).

(b) Limitation on Other Adverse Actions.—With respect to a prohibited personnel action described in subsection (c), if the Secretary carries out an adverse action against a supervisory employee, the Secretary may carry out an additional adverse action under this section based on the same prohibited personnel action if the total severity of the adverse actions do not exceed the level specified in subsection (a).

(c) Prohibited Personnel Action Described.—A prohibited personnel action described in this subsection is any of the following actions:

(1) Taking or failing to take a personnel action in violation of section 2302 of title 5 against an employee relating to the employee—

(A) making a whistleblower disclosure to the Assistant Secretary for Accountability and Whistleblower Protection, the Inspector General of the Department, the Special Counsel, or Congress;

(B) providing information or participating as a witness in an investigation of a whistleblower disclosure made to the Assistant Secretary for Accountability and Whistleblower Protection, the Inspector General of the Department, the Special Counsel, or Congress;

(C) participating in an audit or investigation by the Comptroller General of the United States;

(D) refusing to perform an action that is unlawful or prohibited by the Department; or

(E) engaging in communications that are related to the duties of the position or are otherwise protected.

(2) Preventing or restricting an employee from making an action described in any of subparagraphs (A) through (E) of paragraph (1).

(3) Conducting a negative peer review or opening a retaliatory investigation because of an activity of an employee that is protected by section 2302 of title 5.

(4) Requesting a contractor to carry out an action that is prohibited by section 4705(b) or section 4712(a)(1) of title 41, as the case may be.

(d) Whistleblower Disclosure Defined.—In this section, the term "whistleblower disclosure" has the meaning given such term in section 323(g) of this title.

(Added Pub. L. 114–223, div. A, title II, §247(a)(1), Sept. 29, 2016, 130 Stat. 887, §733; renumbered §731 and amended Pub. L. 115–41, title I, §102(a)(2), (c), title II, §206, June 23, 2017, 131 Stat. 865, 867, 877.)

Editorial Notes

Prior Provisions

A prior section 731, added Pub. L. 114–223, div. A, title II, §247(a)(1), Sept. 29, 2016, 130 Stat. 884, defined whistleblower complaint, prior to repeal by Pub. L. 115–41, title I, §102(a)(1), June 23, 2017, 131 Stat. 865.

Amendments

2017—Pub. L. 115–41, §102(a)(2), renumbered section 733 of this title as this section.

Subsec. (a)(2)(B). Pub. L. 115–41, §206, substituted "10 days" for "14 days" in cl. (i) and "10-day period" for "14-day period" in cl. (ii).

Subsec. (c)(1)(A). Pub. L. 115–41, §102(c)(1)(A)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: "filing a whistleblower complaint in accordance with section 732 of this title;".

Subsec. (c)(1)(B). Pub. L. 115–41, §102(c)(1)(A), redesignated subpar. (C) as (B), substituted "disclosure made to the Assistant Secretary for Accountability and Whistleblower Protection," for "complaint in accordance with section 732 or with", and struck out former subpar. (B) which read as follows: "filing a whistleblower complaint with the Inspector General of the Department, the Special Counsel, or Congress;".

Subsec. (c)(1)(C) to (F). Pub. L. 115–41, §102(c)(1)(A)(ii), redesignated subpars. (C) to (F) as (B) to (E), respectively.

Subsec. (c)(2). Pub. L. 115–41, §102(c)(1)(B), substituted "through (E)" for "through (F)".

Subsec. (d). Pub. L. 115–41, §102(c)(2), added subsec. (d).

Statutory Notes and Related Subsidiaries

Improvement of Training for Supervisors

Pub. L. 115–41, title II, §209, June 23, 2017, 131 Stat. 879, provided that:

"(a) In General.—The Secretary of Veterans Affairs shall provide to each employee of the Department of Veterans Affairs who is employed as a supervisor periodic training on the following:

"(1) The rights of whistleblowers and how to address a report by an employee of a hostile work environment, reprisal, or harassment.

"(2) How to effectively motivate, manage, and reward the employees who report to the supervisor.

"(3) How to effectively manage employees who are performing at an unacceptable level and access assistance from the human resources office of the Department and the Office of the General Counsel of the Department with respect to those employees.

"(b) Definitions.—In this section:

"(1) Supervisor.—The term 'supervisor' has the meaning given such term in section 7103(a) of title 5, United States Code.

"(2) Whistleblower.—The term 'whistleblower' has the meaning given such term in section 323(g) of title 38, United States Code, as added by section 101."
38 U.S.C. § 1505 (2024) — Title 38: VETERANS' BENEFITS / Chapter 15 / Subchapter I / Section 1505: Payment of pension during confinement in penal institutions
Payment of pension during confinement in penal institutions
Status: in_force

(a) No pension under public or private laws administered by the Secretary shall be paid to or for an individual who has been imprisoned in a Federal, State, local, or other penal institution or correctional facility as a result of conviction of a felony or misdemeanor for any part of the period beginning sixty-one days after such individual's imprisonment begins and ending when such individual's imprisonment ends.

(b) Where any veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may apportion and pay to such veteran's spouse or children the pension which such veteran would receive for that period but for this section.

(c) Where any surviving spouse or child of a veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may (1) if the surviving spouse is so disqualified, pay to the child, or children, the pension which would be payable if there were no such surviving spouse or (2) if a child is so disqualified, pay to the surviving spouse or other children, as applicable, the pension which would be payable if there were no such child.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1134, §505; Pub. L. 94–169, title I, §106(9)–(11), Dec. 23, 1975, 89 Stat. 1017; renumbered §1505 and amended Pub. L. 102–83, §§4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 109–461, title X, §1002(a), Dec. 22, 2006, 120 Stat. 3464.)

Editorial Notes

Prior Provisions

Prior section 1505 was renumbered section 3105 of this title.

Another prior section 1505, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1172; Pub. L. 94–502, title I, §104(5), Oct. 15, 1976, 90 Stat. 2384, related to leaves of absence to veterans pursuing a course of vocational rehabilitation training under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96–466. Section 802(a)(3) of Pub. L. 96–466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1505 continue in effect until Mar. 31, 1981. See section 3110 of this title.

Amendments

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

1991—Pub. L. 102–83, §5(a), renumbered section 505 of this title as this section.

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

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

1975—Subsec. (a). Pub. L. 94–169, §106(9), substituted "such individual's" for "his" wherever appearing.

Subsec. (b). Pub. L. 94–169, §106(10), substituted "such veteran's spouse" for "his wife".

Subsec. (c). Pub. L. 94–169, §106(11), substituted "surviving spouse" for "widow" wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, §106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.
38 U.S.C. § 7256 (2024) — Title 38: VETERANS' BENEFITS / Chapter 72 / Subchapter I / Section 7256: Times and places of sessions
Times and places of sessions
Status: in_force

The times and places of sessions of the Court of Appeals for Veterans Claims shall be prescribed by the chief judge.

(Added Pub. L. 100–687, div. A, title III, §301(a), Nov. 18, 1988, 102 Stat. 4115, §4056; renumbered §7256, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 105–368, title V, §512(a)(1), Nov. 11, 1998, 112 Stat. 3341.)

Editorial Notes

Amendments

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

1991—Pub. L. 102–40 renumbered section 4056 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.
38 U.S.C. § 3315 (2024) — Title 38: VETERANS' BENEFITS / Chapter 33 / Subchapter II / Section 3315: Licensure and certification tests
Licensure and certification tests
Status: in_force

(a) In General.—An individual entitled to educational assistance under this chapter shall also be entitled to payment for licensing or certification tests described in section 3452(b).

(b) Limitation on Amount.—The amount payable under subsection (a) for a licensing or certification test may not exceed the lesser of—

(1) $2,000;

(2) the fee charged for the test; or

(3) the amount of entitlement available to the individual under this chapter at the time of payment for the test under this section.

(c) Charge Against Entitlement.—The charge against an individual's entitlement under this chapter for payment for a licensing or certification test shall be pro-rated based on the actual amount of the fee charged for the test relative to the rate for 1 month payable—

(1) for the academic year beginning on August 1, 2011, $1,460; or

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

(Added Pub. L. 110–252, title V, §5003(a)(1), June 30, 2008, 122 Stat. 2367; amended Pub. L. 111–377, title I, §107(a), (b), Jan. 4, 2011, 124 Stat. 4118; Pub. L. 115–48, title I, §108(a), Aug. 16, 2017, 131 Stat. 978.)

Editorial Notes

Amendments

2017—Subsec. (c). Pub. L. 115–48, in introductory provisions, substituted "shall be pro-rated based on the actual amount of the fee charged for the test relative to the rate for 1 month payable" for "shall be determined at the rate of one month (rounded to the nearest whole month) for each amount paid that equals".

2011—Subsec. (a). Pub. L. 111–377, §107(a), substituted "licensing or certification tests" for "one licensing or certification test".

Subsec. (b)(3). Pub. L. 111–377, §107(b)(2), added par. (3).

Subsec. (c). Pub. L. 111–377, §107(b)(1), amended subsec. (c) generally. Prior to amendment, text read as follows: "Any amount paid an individual under subsection (a) is in addition to any other educational assistance benefits provided the individual under this chapter."

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–48, title I, §108(d), Aug. 16, 2017, 131 Stat. 978, provided that: "The amendments made by this Act [probably should be "this section", amending this section and sections 3315A and 3452 of this title] shall apply to a test taken on or after August 1, 2018."

Effective Date of 2011 Amendment

Pub. L. 111–377, title I, §107(c), Jan. 4, 2011, 124 Stat. 4118, provided that: "The amendments made by this section [amending this section] shall take effect on August 1, 2011, and shall apply with respect to licensure and certification tests taken on or after that date."

Effective Date

Section effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as an Effective Date of 2008 Amendment note under section 16163 of Title 10, Armed Forces.
38 U.S.C. § 306 (2024) — Title 38: VETERANS' BENEFITS / Chapter 3 / Section 306: Under Secretary for Benefits
Under Secretary for Benefits
Status: in_force

(a) There is in the Department an Under Secretary for Benefits, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary for Benefits shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in—

(1) fiscal management; and

(2) the administration of programs within the Veterans Benefits Administration or programs of similar content and scope.

(b) The Under Secretary for Benefits is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Benefits Administration.

(c)(1) Whenever a vacancy in the position of Under Secretary for Benefits occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position.

(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary:

(A) Three persons representing education and training, real estate, mortgage finance, and related industries, and survivor benefits activities affected by the Veterans Benefits Administration.

(B) Two persons representing veterans served by the Veterans Benefits Administration.

(C) Two persons who have experience in the management of veterans benefits programs or programs of similar content and scope.

(D) The Deputy Secretary of Veterans Affairs.

(E) The chairman of the Veterans' Advisory Committee on Education formed under section 3692 of this title.

(F) One person who has held the position of Under Secretary for Benefits (including service as Chief Benefits Director of the Veterans' Administration), if the Secretary determines that it is desirable for such person to be a member of the commission.

(3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Benefits. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment.

(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.

(Added and amended Pub. L. 102–83, §§2(a), 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 380, 404; Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, §1201(c)(2), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685; Pub. L. 109–461, title II, §210(b), Dec. 22, 2006, 120 Stat. 3418.)

Editorial Notes

Prior Provisions

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

Amendments

2006—Subsecs. (c), (d). Pub. L. 109–461 redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: "The Under Secretary for Benefits shall be appointed for a period of four years, with reappointment permissible for successive like periods. If the President removes the Under Secretary for Benefits before the completion of the term for which the Under Secretary for Benefits was appointed, the President shall communicate the reasons for the removal to Congress."

1994—Subsec. (a). Pub. L. 103–446, §1201(c)(2)(A), substituted "an Under Secretary" for "a Under Secretary".

Subsec. (d)(2)(F). Pub. L. 103–446, §1201(c)(2)(B), (e)(2), substituted "Chief Benefits Director of the Veterans' Administration)" for "Under Secretary for Benefits of the Department)" and "commission" for "Commission".

1992—Pub. L. 102–405 substituted "Under Secretary for Benefits" for "Chief Benefits Director" wherever appearing.

1991—Subsec. (d)(2)(F). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 102–405, title III, §302(b), Oct. 9, 1992, 106 Stat. 1984, provided that: "The position of Chief Benefits Director of the Department of Veterans Affairs is hereby redesignated as Under Secretary for Benefits of the Department of Veterans Affairs."
38 U.S.C. § 1709A (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter I / Section 1709A: Teleconsultation
Teleconsultation
Status: in_force

(a) Teleconsultation.—(1) The Secretary shall carry out an initiative of teleconsultation for the provision of remote mental health and traumatic brain injury assessments in facilities of the Department that are not otherwise able to provide such assessments without contracting with third-party providers or reimbursing providers through a fee basis system.

(2) The Secretary shall, in consultation with appropriate professional societies, promulgate technical and clinical care standards for the use of teleconsultation services within facilities of the Department.

(3) In carrying out an initiative under paragraph (1), the Secretary shall ensure that facilities of the Department are able to provide a mental health or traumatic brain injury assessment to a veteran through contracting with a third-party provider or reimbursing a provider through a fee basis system when—

(A) such facilities are not able to provide such assessment to the veteran without—

(i) such contracting or reimbursement; or

(ii) teleconsultation; and

(B) providing such assessment with such contracting or reimbursement is more clinically appropriate for the veteran than providing such assessment with teleconsultation.

(b) Teleconsultation Defined.—In this section, the term "teleconsultation" means the use by a health care specialist of telecommunications to assist another health care provider in rendering a diagnosis or treatment.

(Added Pub. L. 112–154, title I, §108(a)(1), Aug. 6, 2012, 126 Stat. 1174.)
38 U.S.C. § 3023 (2024) — Title 38: VETERANS' BENEFITS / Chapter 30 / Subchapter III / Section 3023: Payment of supplemental educational assistance under this subchapter
Payment of supplemental educational assistance under this subchapter
Status: in_force

The Secretary shall increase the monthly basic educational assistance allowance paid to an individual who is entitled to supplemental educational assistance under this subchapter by the monthly amount of the supplemental educational assistance to which the individual is entitled.

(Added Pub. L. 98–525, title VII, §702(a)(1), Oct. 19, 1984, 98 Stat. 2560, §1423; amended Pub. L. 101–237, title IV, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered §3023, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Prior Provisions

Prior section 3023 was renumbered section 5123 of this title.

Amendments

1991—Pub. L. 102–83 renumbered section 1423 of this title as this section.

1989—Pub. L. 101–237 substituted "Secretary" for "Administrator".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 1, 1986, see section 702(b) of Pub. L. 98–525, set out as a note under section 3021 of this title.
38 U.S.C. § 7404A (2024) — Title 38: VETERANS' BENEFITS / Chapter 74 / Subchapter I / Section 7404A: Awards
Awards
Status: in_force

(a) Superior Accomplishments and Performance Awards Program.—The Secretary may establish an awards program for personnel listed in section 7421(b) of this title consistent with chapter 45 of title 5, to the extent practicable.

(b) Executive Performance Awards Program.—Notwithstanding section 7425 of this title or any other provision of law, the Secretary may establish a performance awards program consistent with section 5384 of title 5 for—

(1) personnel appointed under section 7401(1) of this title for a position that the Secretary has determined is of equivalent rank to a Senior Executive Service position (as such term is defined in section 3132(a) of title 5) and is subject to an agency performance management system; and

(2) personnel appointed under section 7306 or 7401(4) of this title.

(c) Payment of Awards.—Awards under this section may be paid based on criteria established by the Secretary and shall not be considered in calculating the limitation under section 7431(e)(4) of this title.

(d) Not Considered Basic Pay.—Awards under this section shall not be considered basic pay for any purpose.

(e) Regulations.—The Secretary may prescribe regulations for the administration of this section.

(Added Pub. L. 117–168, title IX, §906(b)(1), Aug. 10, 2022, 136 Stat. 1812.)

Statutory Notes and Related Subsidiaries

Limitation on Past Awards

Pub. L. 117–168, title IX, §906(b)(2), Aug. 10, 2022, 136 Stat. 1812, provided that: "Notwithstanding any other provision of law, awards made by the Secretary of Veterans Affairs for any period on or after January 1, 2017, and before the date of the enactment of this Act [Aug. 10, 2022] for an employee under section 7306 or 7401(4) of title 38, United States Code, or for a position described in section 7401(1) of such title that the Secretary has determined is of equivalent rank to a Senior Executive Service position (as such term is defined in section 3132(a) of title 5, United States Code), may be subject to section 7404A of title 38, United States Code, as added by paragraph (1)."
38 U.S.C. § 7697 (2024) — Title 38: VETERANS' BENEFITS / Chapter 76 / Subchapter VIII / Section 7697: Relationship to Educational Assistance Program
Relationship to Educational Assistance Program
Status: in_force

Assistance under the Specialty Education Loan Repayment Program may be in addition to other assistance available to individuals under the Educational Assistance Program.

(Added Pub. L. 115–182, title III, §303(a), June 6, 2018, 132 Stat. 1466.)
38 U.S.C. § 2406 (2024) — Title 38: VETERANS' BENEFITS / Chapter 24 / Section 2406: Acquisition of lands
Acquisition of lands
Status: in_force

(a) In General.—As additional lands are needed for national cemeteries, they may be acquired by the Secretary by purchase, gift (including donations from States or political subdivisions thereof), condemnation, transfer from other Federal agencies, exchange, or otherwise, as the Secretary determines to be in the best interest of the United States.

(b) Transfer of Department of the Interior Land for Use as a National Cemetery.—Notwithstanding section 204(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714(d)), if the Secretary and the Secretary of the Interior agree to a transfer under subsection (a) of any land for use by the Department as a national cemetery, the land shall be—

(1) withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws;

(2) subject to valid existing rights;

(3) transferred to the administrative jurisdiction of the Secretary of Veterans Affairs; and

(4) deemed to be property (as defined in section 102(9) of title 40) for as long as the land remains under the administrative jurisdiction of the Secretary of Veterans Affairs.

(Added Pub. L. 93–43, §2(a), June 18, 1973, 87 Stat. 78, §1006; amended Pub. L. 99–576, title VII, §701(57), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101–237, title III, §313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered §2406, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 108–454, title VI, §603, Dec. 10, 2004, 118 Stat. 3624; Pub. L. 117–355, §5, Jan. 5, 2023, 136 Stat. 6279.)

Editorial Notes

Amendments

2023—Pub. L. 117–355 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

2004—Pub. L. 108—454 inserted "exchange," after "agencies,".

1991—Pub. L. 102–83 renumbered section 1006 of this title as this section.

1989—Pub. L. 101–237 substituted "Secretary" for "Administrator" wherever appearing.

1986—Pub. L. 99–576 substituted "the Administrator" for "he".
38 U.S.C. § 1722 (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter III / Section 1722: Determination of inability to defray necessary expenses; income thresholds
Determination of inability to defray necessary expenses; income thresholds
Status: in_force

(a) For the purposes of section 1710(a)(2)(G) of this title, a veteran shall be considered to be unable to defray the expenses of necessary care if—

(1) the veteran is eligible to receive medical assistance under a State plan approved under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);

(2) the veteran is in receipt of pension under section 1521 of this title; or

(3) the veteran's attributable income is not greater than the amount set forth in subsection (b).

(b)(1) For purposes of subsection (a)(3), the income threshold for the calendar year beginning on January 1, 1990, is—

(A) $17,240 in the case of a veteran with no dependents; and

(B) $20,688 in the case of a veteran with one dependent, plus $1,150 for each additional dependent.

(2) For a calendar year beginning after December 31, 1990, the amounts in effect for purposes of this subsection shall be the amounts in effect for the preceding calendar year as adjusted under subsection (c) of this section.

(c) Effective on January 1 of each year, the amounts in effect under subsection (b) of this section shall be increased by the percentage by which the maximum rates of pension were increased under section 5312(a) of this title during the preceding calendar year.

(d)(1) Notwithstanding the attributable income of a veteran, the Secretary may refuse to make a determination described in paragraph (2) of this subsection if the corpus of the estate of the veteran is such that under all the circumstances it is reasonable that some part of the corpus of the estate of the veteran be consumed for the veteran's maintenance.

(2) A determination described in this paragraph is a determination that for purposes of subsection (a)(3) of this section a veteran's attributable income is not greater than the amount determined under subsection (b) of this section.

(3) For the purposes of paragraph (1) of this subsection, the corpus of the estate of a veteran shall be determined in the same manner as the manner in which determinations are made of the corpus of the estates of persons under section 1522 of this title.

(e)(1) In order to avoid a hardship to a veteran described in paragraph (2) of this subsection, the Secretary may deem the veteran to have an attributable income during the previous year not greater than the amount determined under subsection (b) of this section.

(2) A veteran is described in this paragraph for the purposes of subsection (a) of this section if—

(A) the veteran has an attributable income greater than the amount determined under subsection (b) of this section; and

(B) the current projections of such veteran's income for the current year are that the veteran's income for such year will be substantially below the amount determined under subsection (b).

(f) For purposes of this section:

(1) The term "attributable income" means the income of a veteran for the most recent year for which information is available determined in the same manner as the manner in which a determination is made of the total amount of income by which the rate of pension for such veteran under section 1521 of this title would be reduced if such veteran were eligible for pension under that section.

(2) The term "corpus of the estate of the veteran" includes the corpus of the estates of the veteran's spouse and dependent children, if any.

(3) The term "previous year" means the calendar year preceding the year in which the veteran applies for care or services under section 1710(a) of this title.

(g) For the purposes of section 1724(c) of this title, the fact that a veteran is—

(1) eligible to receive medical assistance under a State plan approved under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);

(2) a veteran with a service-connected disability; or

(3) in receipt of pension under any law administered by the Secretary,

shall be accepted as sufficient evidence of such veteran's inability to defray necessary expenses.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1144, §622; Pub. L. 89–612, §1, Sept. 30, 1966, 80 Stat. 859; Pub. L. 91–500, §1, Oct. 22, 1970, 84 Stat. 1096; Pub. L. 94–581, title II, §§202(k), 210(a)(9), Oct. 21, 1976, 90 Stat. 2856, 2863; Pub. L. 96–330, title IV, §401(a), Aug. 26, 1980, 94 Stat. 1051; Pub. L. 99–272, title XIX, §19011(c)(1), Apr. 7, 1986, 100 Stat. 376; Pub. L. 100–322, title I, §102(b), May 20, 1988, 102 Stat. 493; Pub. L. 101–508, title VIII, §8013(c), Nov. 5, 1990, 104 Stat. 1388–346; Pub. L. 102–40, title IV, §402(d)(1), May 7, 1991, 105 Stat. 239; renumbered §1722 and amended Pub. L. 102–83, §§4(a)(1), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 104–262, title I, §101(d)(9), Oct. 9, 1996, 110 Stat. 3180; Pub. L. 112–154, title VII, §705, Aug. 6, 2012, 126 Stat. 1206.)

Editorial Notes

References in Text

The Social Security Act, referred to in subsecs. (a)(1) and (g)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Social Security 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.

Prior Provisions

Prior section 1722, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1196, related to change of program by eligible person, prior to repeal by Pub. L. 92–540, title IV, §402(2), Oct. 24, 1972, 86 Stat. 1090. See section 3691 of this title.

Amendments

2012—Subsec. (f)(1). Pub. L. 112–154 substituted "the most recent year for which information is available" for "the previous year".

1996—Subsec. (a). Pub. L. 104–262, §101(d)(9)(A), substituted "section 1710(a)(2)(G)" for "section 1710(a)(1)(I)" in introductory provisions.

Subsec. (f)(3). Pub. L. 104–262, §101(d)(9)(B), struck out "or 1712(f)" before "of this title".

1991—Pub. L. 102–83, §5(a), renumbered section 622 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "1710(a)(1)(I)" for "610(a)(1)(I)" in introductory provisions and "1521" for "521" in par. (2).

Subsec. (c). Pub. L. 102–40 substituted "5312(a)" for "3112(a)".

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

Subsec. (d)(3). Pub. L. 102–83, §5(c)(1), substituted "1522" for "522".

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

Subsec. (f). Pub. L. 102–83, §5(c)(1), substituted "1521" for "521" in par. (1) and "1710(a) or 1712(f)" for "610(a) or 612(f)" in par. (3).

Subsec. (g). Pub. L. 102–83, §5(c)(1), substituted "1724(c)" for "624(c)" in introductory provisions.

Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration" in par. (3).

1990—Subsec. (a). Pub. L. 101–508, §8013(c)(1), designated par. (1) as entire subsec. (a), redesignated cls. (A) to (C) as pars. (1) to (3), respectively, substituted "amount set forth in subsection (b)" for "Category A threshold" in par. (3), and struck out former par. (2) which read as follows: "For the purposes of section 610(a)(2)(A) of this title, a veteran's income level is described in this paragraph if the veteran's attributable income is not greater than the Category B threshold."

Subsec. (b). Pub. L. 101–508, §8013(c)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "For the purposes of this section:

"(1) The Category A threshold—

"(A) for the calendar year beginning on January 1, 1986, is—

"(i) $15,000 in the case of a veteran with no dependents; and

"(ii) $18,000 in the case of a veteran with one dependent, plus $1,000 for each additional dependent; and

"(B) for a calendar year beginning after December 31, 1986, is the amount in effect for purposes of this paragraph for the preceding calendar year as adjusted under subsection (c) of this subsection.

"(2) The Category B threshold—

"(A) for the calendar year beginning on January 1, 1986, is—

"(i) $20,000 in the case of a veteran with no dependents; and

"(ii) $25,000 in the case of a veteran with one dependent, plus $1,000 for each additional dependent; and

"(B) for a calendar year beginning after December 31, 1986, is the amount in effect for purposes of this paragraph for the preceding calendar year as adjusted under subsection (c) of this subsection."

Subsec. (c). Pub. L. 101–508, §8013(c)(3), struck out "paragraphs (1) and (2) of" before "subsection (b) of this section".

Subsec. (d)(2). Pub. L. 101–508, §8013(c)(4), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "A determination described in this paragraph is a determination—

"(A) that for the purposes of subsection (a)(1)(C) of this section a veteran's attributable income is not greater than the Category A threshold; or

"(B) that for the purposes of subsection (a)(2) of this section a veteran's attributable income is not greater than the Category B threshold."

Subsec. (e)(1). Pub. L. 101–508, §8013(c)(5)(A), substituted "the amount determined under subsection (b) of this section" for "the Category A threshold or the Category B threshold, as appropriate".

Subsec. (e)(2). Pub. L. 101–508, §8013(c)(5)(B), added par. (2) and struck out former par. (2) which read as follows:

"(A) A veteran is described in this paragraph for the purposes of subsection (a)(1) of this section if—

"(i) the veteran has an attributable income greater than the Category A threshold; and

"(ii) the current projections of such veteran's income for the current year are that the veteran's income for such year will be substantially below such threshold.

"(B) A veteran is described in this paragraph for the purposes of subsection (a)(2) of this section if—

"(i) the veteran has an attributable income greater than the Category B threshold; and

"(ii) the current projections of such veteran's income for the current year are that the veteran's income for such year will be substantially below such threshold."

1988—Subsec. (g). Pub. L. 100–322 substituted "section" for "sections 610(b)(2) and".

1986—Pub. L. 99–272 amended section generally, revising and restating existing provisions as subsec. (g) and adding subsecs. (a) to (f).

1980—Pub. L. 96–330 substituted provisions relating to the facts that will be accepted as sufficient evidence of an individual's inability to defray necessary expenses for provisions relating to the use of statements under oath to establish the inability to defray necessary expenses.

1976—Subsec. (a). Pub. L. 94–581, §202(k), substituted "610(a)(1)(B)" for "610(a)(1)" and "632(a)(2)" for "632(b)".

Subsec. (b). Pub. L. 94–581, §210(a)(9), substituted "such veteran's inability" for "his inability".

1970—Pub. L. 91–500 designated existing provisions as subsec. (a) and added subsec. (b).

1966—Pub. L. 89–612 inserted reference to section 632(b) of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–508 to remain in effect through the period covered by Pub. L. 102–145, see section 111 of Pub. L. 102–145, set out as a note under section 1710 of this title.

Amendment by Pub. L. 101–508 to remain in effect through the period covered by Pub. L. 102–109, see section 111 of Pub. L. 102–109, set out as a note under section 1710 of this title.

Amendment by Pub. L. 101–508 applicable with respect to hospital care and medical services received after Nov. 5, 1990, see section 8013(d) of Pub. L. 101–508, as amended, set out as a note under section 1710 of this title.

Effective Date of 1986 Amendment

Provisions of this section as in effect on the day before Apr. 7, 1986, applicable with respect to hospital and nursing home care furnished on or after July 1, 1986, to veterans furnished such care or services on June 30, 1986, but only to the extent that such care is furnished with respect to the same episode of care for which it was furnished on June 30, 1986, see section 19011(f) of Pub. L. 99–272, set out as a note under section 1710 of this title.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.

Initial Increase Under Subsection (c)

Pub. L. 99–272, title XIX, §19011(c)(3), Apr. 7, 1986, 100 Stat. 378, provided that the first increase under subsection (c) of this section, as added by section 19011(c)(1) of Pub. L. 99–272, was to take effect on Jan. 1, 1987.
38 U.S.C. § 7694 (2024) — Title 38: VETERANS' BENEFITS / Chapter 76 / Subchapter VIII / Section 7694: Specialty education loan repayment
Specialty education loan repayment
Status: in_force

(a) In General.—Payments under the Specialty Education Loan Repayment Program shall consist of payments for the principal and interest on loans described in section 7682(a)(2) of this title for individuals selected to participate in the Program to the holders of such loans.

(b) Frequency of Payment.—The Secretary shall make payments for any given participant in the Specialty Education Loan Repayment Program on a schedule determined appropriate by the Secretary.

(c) Maximum Amount; Waiver.—(1) The amount of payments made for a participant under the Specialty Education Loan Repayment Program may not exceed $160,000 over a total of 4 years of participation in the Program, of which not more than $40,000 of such payments may be made in each year of participation in the Program.

(2)(A) The Secretary may waive the limitations under paragraph (1) in the case of a participant described in subparagraph (B). In the case of such a waiver, the total amount of payments payable to or for that participant is the total amount of the principal and the interest on the participant's loans referred to in subsection (a).

(B) A participant described in this subparagraph is a participant in the Program who the Secretary determines serves in a position for which there is a shortage of qualified employees by reason of either the location or the requirements of the position.

(Added Pub. L. 115–182, title III, §303(a), June 6, 2018, 132 Stat. 1465.)
38 U.S.C. § 1720E (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter II / Section 1720E: Nasopharyngeal radium irradiation
Nasopharyngeal radium irradiation
Status: in_force

(a) The Secretary may provide any veteran a medical examination, and hospital care, medical services, and nursing home care, which the Secretary determines is needed for the treatment of any cancer of the head or neck which the Secretary finds may be associated with the veteran's receipt of nasopharyngeal radium irradiation treatments in active military, naval, air, or space service.

(b) The Secretary shall provide care and services to a veteran under subsection (a) only on the basis of evidence in the service records of the veteran which document nasopharyngeal radium irradiation treatment in service, except that, notwithstanding the absence of such documentation, the Secretary may provide such care to a veteran who—

(1) served as an aviator in the active military, naval, or air service before the end of the Korean conflict; or

(2) underwent submarine training in active naval service before January 1, 1965.

(Added Pub. L. 105–368, title IX, §901(a), Nov. 11, 1998, 112 Stat. 3360; amended Pub. L. 116–283, div. A, title IX, §926(a)(27), Jan. 1, 2021, 134 Stat. 3830.)

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 116–283 substituted "air, or space service" for "or air service".
38 U.S.C. § 1142 (2024) — Title 38: VETERANS' BENEFITS / Chapter 11 / Subchapter V / Section 1142: Rates of peacetime death compensation
Rates of peacetime death compensation
Status: in_force

For the purposes of section 1141 of this title, the monthly rates of death compensation payable shall be those specified in section 1122 of this title.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1124, §342; Pub. L. 93–295, title II, §206(a), May 31, 1974, 88 Stat. 183; renumbered §1142 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 342 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted "1141" for "341" and "1122" for "322".

1974—Pub. L. 93–295 substituted "those specified in section 322 of this title" for "equal to 80 per centum of the rates prescribed by section 322 of this title, adjusted upward or downward to the nearest dollar, counting fifty cents and over as a whole dollar".

Statutory Notes and Related Subsidiaries

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–295 effective May 1, 1974, see section 401 of Pub. L. 93–295, set out as a note under section 1114 of this title.
38 U.S.C. § 7695 (2024) — Title 38: VETERANS' BENEFITS / Chapter 76 / Subchapter VIII / Section 7695: Choice of location
Choice of location
Status: in_force

Each participant in the Specialty Education Loan Repayment Program who completes residency may select, from a list of medical facilities of the Veterans Health Administration provided by the Secretary, at which such facility the participant will work in a medical specialty described in section 7692 of this title.

(Added Pub. L. 115–182, title III, §303(a), June 6, 2018, 132 Stat. 1465.)
38 U.S.C. § 1513 (2024) — Title 38: VETERANS' BENEFITS / Chapter 15 / Subchapter II / Section 1513: Veterans 65 years of age and older
Veterans 65 years of age and older
Status: in_force

(a) The Secretary shall pay to each veteran of a period of war who is 65 years of age or older and who meets the service requirements of section 1521 of this title (as prescribed in subsection (j) of that section) pension at the rates prescribed by section 1521 of this title and under the conditions (other than the permanent and total disability requirement) applicable to pension paid under that section.

(b) If a veteran is eligible for pension under both this section and section 1521 of this title, pension shall be paid to the veteran only under section 1521 of this title.

(Added Pub. L. 107–103, title II, §207(a)(1), Dec. 27, 2001, 115 Stat. 991; amended Pub. L. 109–233, title V, §503(2), June 15, 2006, 120 Stat. 416.)

Editorial Notes

Prior Provisions

Prior sections 1513 to 1520 were renumbered sections 3113 to 3120 of this title, respectively.

Amendments

2006—Subsec. (a). Pub. L. 109–233 inserted "section" after "prescribed by".

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 107–103, title II, §207(c), Dec. 27, 2001, 115 Stat. 991, provided that: "The amendments made by this section [enacting this section and amending sections 1521 and 1522 of this title] shall take effect as of September 17, 2001."
38 U.S.C. § 7672 (2024) — Title 38: VETERANS' BENEFITS / Chapter 76 / Subchapter VI / Section 7672: Eligibility; agreement
Eligibility; agreement
Status: in_force

(a) Eligibility.—To be eligible to participate in the Program, an individual must be an eligible Department employee who is accepted for enrollment or enrolled (as described in section 7602 of this title) as a full-time or part-time student in a field of education or training described in subsection (c).

(b) Eligible Department Employees.—For purposes of subsection (a), an eligible Department employee is any employee of the Department who, as of the date on which the employee submits an application for participation in the Program, has been continuously employed by the Department for not less than one year.

(c) Qualifying Fields of Education or Training.—A scholarship may be awarded under the Program only for education and training in a field leading to appointment or retention in a position under section 7401 of this title.

(d) Award of Scholarships.—Notwithstanding section 7603(d) of this title, the Secretary, in selecting participants in the Program, may award a scholarship only to applicants who have a record of employment with the Veterans Health Administration which, in the judgment of the Secretary, demonstrates a high likelihood that the applicant will be successful in completing such education or training and in employment in such field.

(e) Agreement.—(1) An agreement between the Secretary and a participant in the Program shall (in addition to the requirements set forth in section 7604 of this title) include the following:

(A) The Secretary's agreement to provide the participant with a scholarship under the Program for a specified number (from one to three) of school years during which the participant pursues a course of education or training described in subsection (c) that meets the requirements set forth in section 7602(a) of this title.

(B) The participant's agreement to serve as a full-time employee in the Veterans Health Administration for a period of time (hereinafter in this subchapter referred to as the "period of obligated service") determined in accordance with regulations prescribed by the Secretary of up to three calendar years for each school year or part thereof for which the participant was provided a scholarship under the Program, but for not less than 3 years.

(C) The participant's agreement to serve under subparagraph (B) in a Department facility selected by the Secretary.

(2) In a case in which an extension is granted under section 7673(c)(2) of this title, the number of years for which a scholarship may be provided under the Program shall be the number of school years provided for as a result of the extension.

(3) In the case of a participant who is a part-time student, the period of obligated service shall be reduced in accordance with the proportion that the number of credit hours carried by such participant in any such school year bears to the number of credit hours required to be carried by a full-time student in the course of training being pursued by the participant, but in no event to less than 1 year.

(Added Pub. L. 105–368, title VIII, §802(a), Nov. 11, 1998, 112 Stat. 3352; amended Pub. L. 107–14, §8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 107–135, title I, §101(b), Jan. 23, 2002, 115 Stat. 2447.)

Editorial Notes

Amendments

2002—Subsec. (b). Pub. L. 107–135 substituted "one year" for "2 years".

2001—Subsec. (e)(1)(B). Pub. L. 107–14 substituted "hereinafter" for "hereafter".
38 U.S.C. § 1716 (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter II / Section 1716: Hospital care by other agencies of the United States
Hospital care by other agencies of the United States
Status: in_force

When so specified in an appropriation or other Act, the Secretary may make allotments and transfers to the Departments of Health and Human Services (Public Health Service), the Army, Navy, Air Force, or Interior, for disbursement by them under the various headings of their appropriations, of such amounts as are necessary for the care and treatment of veterans entitled to hospitalization from the Department under this chapter. The amounts to be charged the Department for care and treatment of veterans in hospitals shall be calculated on the basis of a per diem rate approved by the Office of Management and Budget.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1143, §616; Pub. L. 94–581, title II, §202(g), Oct. 21, 1976, 90 Stat. 2856; Pub. L. 97–295, §4(95)(A), Oct. 12, 1982, 96 Stat. 1313; renumbered §1716 and amended Pub. L. 102–83, §§4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 616 of this title as this section.

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

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

1982—Pub. L. 97–295 substituted "Health and Human Services" for "Health, Education, and Welfare".

1976—Pub. L. 94–581 substituted "Office of Management and Budget" for "Bureau of the Budget".

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
38 U.S.C. § 2016 (2024) — Title 38: VETERANS' BENEFITS / Chapter 20 / Subchapter II / Section 2016: Authorization of appropriations
Authorization of appropriations
Status: in_force

There is authorized to be appropriated to carry out this subchapter amounts as follows:

(1) $150,000,000 for each of fiscal years 2007 through 2009.

(2) $175,100,000 for fiscal year 2010.

(3) $217,700,000 for fiscal year 2011.

(4) $250,000,000 for fiscal year 2012.

(5) $250,000,000 for fiscal year 2013.

(6) $250,000,000 for fiscal year 2014.

(7) $257,700,000 for fiscal year 2015 and each subsequent fiscal year.

(Added Pub. L. 107–95, §5(a)(1), Dec. 21, 2001, 115 Stat. 909, §2013; amended Pub. L. 108–422, title I, §101, Nov. 30, 2004, 118 Stat. 2380; Pub. L. 109–461, title VII, §703(b), Dec. 22, 2006, 120 Stat. 3440; Pub. L. 110–387, title VI, §601, Oct. 10, 2008, 122 Stat. 4131; Pub. L. 112–37, §11, Oct. 5, 2011, 125 Stat. 397; Pub. L. 112–154, title III, §305(a), Aug. 6, 2012, 126 Stat. 1187; Pub. L. 113–37, §2(f)(1), Sept. 30, 2013, 127 Stat. 524; Pub. L. 113–175, title II, §201, Sept. 26, 2014, 128 Stat. 1903; Pub. L. 114–228, title IV, §407, Sept. 29, 2016, 130 Stat. 940; renumbered §2014, Pub. L. 114–315, title VII, §712(a)(1)(A), Dec. 16, 2016, 130 Stat. 1586; renumbered §2016, Pub. L. 117–328, div. U, title III, §305(b)(1)(A), Dec. 29, 2022, 136 Stat. 5471.)

Editorial Notes

Amendments

2022—Pub. L. 117–328 renumbered section 2014 of this title as this section.

2016—Pub. L. 114–315 renumbered section 2013 of this title as this section.

Par. (7). Pub. L. 114–228 substituted "$257,700,000" for "$250,000,000".

2014—Par. (7). Pub. L. 113–175 substituted "$250,000,000" for "$150,000,000".

2013—Pars. (6), (7). Pub. L. 113–37 added pars. (6) and (7) and struck out former par. (6) which read as follows: "$150,000,000 for fiscal year 2014 and each subsequent fiscal year."

2012—Pars. (5), (6). Pub. L. 112–154 added pars. (5) and (6) and struck out former par. (5) which read as follows: "$150,000,000 for fiscal year 2013 and each subsequent fiscal year."

2011—Pub. L. 112–37 substituted "subchapter amounts as follows:" for "subchapter $150,000,000 for fiscal year 2007 and each fiscal year thereafter." and added at end pars. (1) to (5).

2008—Pub. L. 110–387 substituted "$150,000,000" for "$130,000,000".

2006—Pub. L. 109–461 amended text generally. Prior to amendment, text read as follows: "There are authorized to be appropriated to carry out this subchapter amounts as follows:

"(1) $60,000,000 for fiscal year 2002.

"(2) $75,000,000 for fiscal year 2003.

"(3) $75,000,000 for fiscal year 2004.

"(4) $99,000,000 for fiscal year 2005."

2004—Par. (4). Pub. L. 108–422 substituted "$99,000,000" for "$75,000,000".

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Amendment by Pub. L. 113–37 effective Oct. 1, 2013, see section 4(a) of Pub. L. 113–37, set out as a note under section 322 of this title.
38 U.S.C. § 4325 (2024) — Title 38: VETERANS' BENEFITS / Chapter 43 / Subchapter III / Section 4325: Enforcement of rights with respect to certain Federal agencies
Enforcement of rights with respect to certain Federal agencies
Status: in_force

(a) This section applies to any person who alleges that—

(1) the reemployment of such person by an agency referred to in subsection (a) of section 4315 was not in accordance with procedures for the reemployment of such person under subsection (b) of such section; or

(2) the failure of such agency to reemploy the person under such section was otherwise wrongful.

(b) Any person referred to in subsection (a) may submit a claim relating to an allegation referred to in that subsection to the inspector general of the agency which is the subject of the allegation. The inspector general shall investigate and resolve the allegation pursuant to procedures prescribed by the head of the agency.

(c) In prescribing procedures for the investigation and resolution of allegations under subsection (b), the head of an agency shall ensure, to the maximum extent practicable, that the procedures are similar to the procedures for investigating and resolving complaints utilized by the Secretary under section 4322(d).

(d) This section may not be construed—

(1) as prohibiting an employee of an agency referred to in subsection (a) from seeking information from the Secretary regarding assistance in seeking reemployment from the agency under this chapter or information relating to the rights and obligations of employees and Federal agencies under this chapter; or

(2) as prohibiting such an agency from voluntarily cooperating with or seeking assistance in or of clarification from the Secretary or the Director of the Office of Personnel Management of any matter arising under this chapter.

(Added Pub. L. 103–353, §2(a), Oct. 13, 1994, 108 Stat. 3167; amended Pub. L. 104–275, title III, §311(12), Oct. 9, 1996, 110 Stat. 3336.)

Editorial Notes

Prior Provisions

A prior section 4325 was renumbered section 7625 of this title.

Amendments

1996—Subsec. (d)(1). Pub. L. 104–275 struck out ", alternative employment in the Federal Government under this chapter," before "or information relating to the rights and obligations" and substituted "employees and" for "employee and".

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–275 effective Oct. 13, 1994, see section 313 of Pub. L. 104–275, set out as a note under section 4301 of this title.

Effective Date

Section effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, except that provisions necessary for implementation of section 4311 of this title are effective Oct. 13, 1994, see section 8 of Pub. L. 103–353, set out as a note under section 4301 of this title.
38 U.S.C. § 7364A (2024) — Title 38: VETERANS' BENEFITS / Chapter 73 / Subchapter IV / Section 7364A: Renumbered §7365
Renumbered §7365
Status: renumbered

[§7364A. Renumbered §7365]
38 U.S.C. § 2410 (2024) — Title 38: VETERANS' BENEFITS / Chapter 24 / Section 2410: Burial of cremated remains in Arlington National Cemetery
Burial of cremated remains in Arlington National Cemetery
Status: in_force

(a) The Secretary of the Army shall designate an area of appropriate size within Arlington National Cemetery for the unmarked interment, in accordance with such regulations as the Secretary may prescribe, of the ashes of persons eligible for interment in Arlington National Cemetery whose remains were cremated. Such area shall be an area not suitable for the burial of casketed remains.

(b) The Secretary of each military department shall make available appropriate forms on which those members of the Armed Forces who so desire may indicate their desire to be buried within the area to be designated under subsection (a).

(c)(1) The Secretary of the Army shall ensure that, under such regulations as the Secretary may prescribe, the cremated remains of any person described in paragraph (2) are eligible for above ground inurnment in Arlington National Cemetery with military honors in accordance with section 1491 of title 10.

(2) A person described in this paragraph is a person whose service has been determined to be active duty service pursuant to section 401 of the GI Bill Improvement Act of 1977 (Public Law 95–202; 38 U.S.C. 106 note) as of the date of the enactment of this paragraph.

(Added Pub. L. 101–237, title V, §502(a), Dec. 18, 1989, 103 Stat. 2093, §1010; amended Pub. L. 102–54, §14(b)(22), June 13, 1991, 105 Stat. 284; renumbered §2410, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 114–158, §1(a), May 20, 2016, 130 Stat. 394.)

Editorial Notes

References in Text

The date of the enactment of this paragraph, referred to in subsec. (c)(2), is the date of enactment of Pub. L. 114–158, which was approved May 20, 2016.

Amendments

2016—Subsec. (c). Pub. L. 114–158 added subsec. (c).

1991—Pub. L. 102–83 renumbered section 1010 of this title as this section.

Subsec. (b). Pub. L. 102–54 substituted "each military department" for "the military departments".

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–158, §1(b), May 20, 2016, 130 Stat. 394, provided that:

"(1) In general.—The amendment made by subsection (a) [amending this section] shall apply with respect to—

"(A) the remains of a person that are not formally interred or inurned as of the date of the enactment of this Act [May 20, 2016]; and

"(B) a person who dies on or after the date of the enactment of this Act.

"(2) Formally interred or inurned defined.—In this subsection, the term 'formally interred or inurned' means interred or inurned in a cemetery, crypt, mausoleum, columbarium, niche, or other similar formal location."
38 U.S.C. § 7703 (2024) — Title 38: VETERANS' BENEFITS / Chapter 77 / Subchapter I / Section 7703: Functions of the Administration
Functions of the Administration
Status: in_force

The Veterans Benefits Administration is responsible for the administration of the following programs of the Department:

(1) Compensation and pension programs.

(2) Vocational rehabilitation and educational assistance programs.

(3) Veterans' housing loan programs.

(4) Veterans' and servicemembers' life insurance programs.

(5) Outreach programs and other veterans' services programs.

(Added Pub. L. 102–83, §2(b), Aug. 6, 1991, 105 Stat. 399.)
38 U.S.C. § 6306 (2024) — Title 38: VETERANS' BENEFITS / Chapter 63 / Subchapter I / Section 6306: Use of other agencies
Use of other agencies
Status: in_force

(a) In carrying out this subchapter, the Secretary shall arrange with the Secretary of Labor for the State employment service to match the particular qualifications of an eligible veteran or eligible dependent with an appropriate job or job training opportunity, including, where possible, arrangements for outstationing the State employment personnel who provide such assistance at appropriate facilities of the Department.

(b) In carrying out this subchapter, the Secretary shall, in consultation with the Secretary of Labor, actively seek to promote the development and establishment of employment opportunities, training opportunities, and other opportunities for veterans, with particular emphasis on the needs of veterans with service-connected disabilities and other eligible veterans, taking into account applicable rates of unemployment and the employment emphases set forth in chapter 42 of this title.

(c) In carrying out this subchapter, the Secretary shall cooperate with and use the services of any Federal department or agency or any State or local governmental agency or recognized national or other organization.

(d) In carrying out this subchapter, the Secretary shall, where appropriate, make referrals to any Federal department or agency or State or local governmental unit or recognized national or other organization.

(e) In carrying out this subchapter, the Secretary may furnish available space and office facilities for the use of authorized representatives of such governmental unit or other organization providing services.

(f) In carrying out this subchapter, the Secretary shall conduct and provide for studies, in consultation with appropriate Federal departments and agencies, to determine the most effective program design to carry out the purposes of this subchapter.

(Added Pub. L. 109–233, title IV, §402(a), June 15, 2006, 120 Stat. 409; amended Pub. L. 117–205, §2(b)(2), Oct. 17, 2022, 136 Stat. 2233.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 7725 of this title prior to repeal by Pub. L. 109–233.

Amendments

2022—Pub. L. 117–205 substituted "this subchapter" for "this chapter" wherever appearing.
38 U.S.C. § 7315 (2024) — Title 38: VETERANS' BENEFITS / Chapter 73 / Subchapter II / Section 7315: Geriatrics and Gerontology Advisory Committee
Geriatrics and Gerontology Advisory Committee
Status: in_force

(a) The Secretary shall establish in the Veterans Health Administration a Geriatrics and Gerontology Advisory Committee (hereinafter in this section referred to as the "Committee"). The membership of the Committee shall be appointed by the Secretary, upon the recommendation of the Under Secretary for Health, and shall include individuals who are not employees of the Federal Government and who have demonstrated interest and expertise in research, education, and clinical activities related to aging and at least one representative of a national veterans service organization. The Secretary, upon the recommendation of the Under Secretary for Health, shall invite representatives of other appropriate departments and agencies of the United States to participate in the activities of the Committee and shall provide the Committee with such staff and other support as may be necessary for the Committee to carry out effectively its functions under this section.

(b) The Committee shall—

(1) advise the Under Secretary for Health on all matters pertaining to geriatrics and gerontology;

(2) assess, through an evaluation process (including a site visit conducted not later than three years after the date of the establishment of each new center and not later than two years after the date of the last evaluation of those centers in operation on August 26, 1980), the ability of each center established under section 7314 of this title to achieve its established purposes and the purposes of title III of the Veterans' Administration Health-Care Amendments of 1980 (Public Law 96–330; 94 Stat. 1048);

(3) assess the capability of the Department to provide high quality geriatric services, extended services, and other health-care services to eligible older veterans, taking into consideration the likely demand for such services from such veterans;

(4) assess the current and projected needs of eligible older veterans for geriatric services, extended-care services, and other health-care services from the Department and its activities and plans designed to meet such needs; and

(5) perform such additional functions as the Secretary or Under Secretary for Health may direct.

(c)(1) The Committee shall submit to the Secretary, through the Under Secretary for Health, such reports as the Committee considers appropriate with respect to its findings and conclusions under subsection (b). Such reports shall include the following:

(A) Descriptions of the operations of the centers of geriatric research, education, and clinical activities established pursuant to section 7314 of this title.

(B) Assessments of the quality of the operations of such centers.

(C) An assessment of the extent to which the Department, through the operation of such centers and other health-care facilities and programs, is meeting the needs of eligible older veterans for geriatric services, extended-care services, and other health-care services.

(D) Assessments of and recommendations for correcting any deficiencies in the operations of such centers.

(E) Recommendations for such other geriatric services, extended-care services, and other health-care services as may be needed to meet the needs of older veterans.

(2) Whenever the Committee submits a report to the Secretary under paragraph (1), the Committee shall at the same time transmit a copy of the report in the same form to the appropriate committees of Congress. Not later than 90 days after receipt of a report under that paragraph, the Secretary shall submit to the appropriate committees of Congress a report containing any comments and recommendations of the Secretary with respect to the report of the Committee.

(Added Pub. L. 102–40, title IV, §401(a)(3), May 7, 1991, 105 Stat. 217; amended Pub. L. 102–83, §4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404; Pub. L. 102–405, title I, §102, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1973, 1984; Pub. L. 103–446, title XII, §§1201(i)(9), 1202(b)(2), Nov. 2, 1994, 108 Stat. 4688, 4689; Pub. L. 107–330, title III, §308(g)(13), Dec. 6, 2002, 116 Stat. 2829.)

Editorial Notes

References in Text

The Veterans' Administration Health-Care Amendments of 1980, referred to in subsec. (b)(2), is Pub. L. 96–330, Aug. 26, 1980, 94 Stat. 1030. Title III of the Act amended former sections 4101 and 4103 of this title and enacted provisions set out as notes under former section 4101 of this title. For the purposes of title III, see section 301 of Pub. L. 96–330, set out as a note under section 7314 of this title. For complete classification of this Act to the Code, see Short Title of 1980 Amendment note set out under section 101 of this title and Tables.

Amendments

2002—Subsec. (a). Pub. L. 107–330 inserted "Veterans Health" before "Administration" in first sentence.

1994—Subsec. (b)(2). Pub. L. 103–446, §1201(i)(9), which directed substitution of "Veterans' Administration" for "Department", could not be executed because "Department" did not appear subsequent to execution of amendment by Pub. L. 103–446, §1202(b)(2). See below.

Pub. L. 103–446, §1202(b)(2), amended Pub. L. 102–83, §4(a)(3), (4), to make it inapplicable to this section. See 1991 Amendment note below.

1992—Subsecs. (a), (b)(1), (5), (c)(1). Pub. L. 102–405, §302(c)(1), substituted "Under Secretary for Health" for "Chief Medical Director" wherever appearing.

Subsec. (c)(2). Pub. L. 102–405, §102, amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Not later than 90 days after receipt of a report submitted under paragraph (1), the Secretary shall transmit the report, together with the Secretary's comments and recommendations thereon, to the appropriate committees of the Congress."

1991—Subsec. (b)(2). Pub. L. 102–83, §4(a)(3), (4), which directed substitution of "Department" for "Veterans' Administration", was amended by Pub. L. 103–446, §1202(b)(2), to make it inapplicable to this section.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–446, title XII, §1202(b), Nov. 2, 1994, 108 Stat. 4689, provided that the amendment made by that section is effective Aug. 6, 1991, and as if included in the enactment of Pub. L. 102–83.

Termination of Advisory Committees

Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees.
38 U.S.C. § 1304 (2024) — Title 38: VETERANS' BENEFITS / Chapter 13 / Subchapter I / Section 1304: Special provisions relating to surviving spouses
Special provisions relating to surviving spouses
Status: in_force

No dependency and indemnity compensation shall be paid to the surviving spouse of a veteran dying after December 31, 1956, unless such surviving spouse was married to such veteran—

(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1127, §404; Pub. L. 90–77, title I, §101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94–433, title IV, §405(4), (5), Sept. 30, 1976, 90 Stat. 1379; renumbered §1304, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 404 of this title as this section.

1976—Pub. L. 94–433, §405(4), (5), substituted "surviving spouse", "such surviving spouse", and "such veteran" for "widow", "she", and "him", respectively, in introductory clause and "surviving spouses" for "widows" in section catchline.

1967—Pub. L. 90–77 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

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

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.
38 U.S.C. § 8528 (2024) — Title 38: VETERANS' BENEFITS / Chapter 85 / Subchapter II / Section 8528: Investment of the Fund
Investment of the Fund
Status: in_force

Money in the Fund not required for current disbursements may be invested and reinvested by the Secretary of the Treasury in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1262, §5228; renumbered §8528, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238.)

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 5228 of this title as this section.
38 U.S.C. § 4110B (2024) — Title 38: VETERANS' BENEFITS / Chapter 41 / Section 4110B: Coordination and nonduplication
Coordination and nonduplication
Status: in_force

In carrying out this chapter, the Secretary shall require that an appropriate administrative entity in each State enter into an agreement with the Secretary regarding the implementation of the Workforce Innovation and Opportunity Act that includes the descriptions described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce Innovation and Opportunity Act and a description of how the State board will carry out the activities described in section 101(d)(3)(F) of such Act.

(Added Pub. L. 105–220, title III, §322, Aug. 7, 1998, 112 Stat. 1087; amended Pub. L. 109–233, title V, §503(13), June 15, 2006, 120 Stat. 417; Pub. L. 113–128, title V, §512(gg)(4), July 22, 2014, 128 Stat. 1719.)

Editorial Notes

References in Text

The Workforce Innovation and Opportunity Act, referred to in text, is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§3101 et seq.) of Title 29, Labor, repealed chapter 30 (§2801 et seq.) of Title 29 and chapter 73 (§9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. Sections 101(d)(3)(F), 102(b)(2)(B)(ii), and 103(b)(3)(A) of the Act are classified to sections 3111(d)(3)(F), 3112(b)(2)(B)(ii), and 3113(b)(3)(A), respectively, of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.

Amendments

2014—Pub. L. 113–128 substituted "enter into an agreement with the Secretary regarding the implementation of the Workforce Innovation and Opportunity Act that includes the descriptions described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce Innovation and Opportunity Act and a description of how the State board will carry out the activities described in section 101(d)(3)(F) of such Act" for "enter into an agreement with the Secretary regarding the implementation of the Workforce Investment Act of 1998 that includes the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b))".

2006—Pub. L. 109–233 substituted "implementation of the Workforce Investment Act of 1998" for "implementation of this Act" and inserted "(29 U.S.C. 2822(b))" before period at end.

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor.
38 U.S.C. § 1924 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter I / Section 1924: In-service waiver of premiums
In-service waiver of premiums
Status: in_force

(a) Waiver of all premiums on five-year level premium term insurance and that portion of any permanent insurance premiums representing the cost of the pure insurance risk, as determined by the Secretary, granted on National Service Life Insurance or United States Government life insurance under section 622 of the National Service Life Insurance Act of 1940 and in effect on January 1, 1959, shall, unless canceled, continue in effect according to the provisions of such section for the remainder of the insured's continuous active service and for one hundred and twenty days thereafter. Such premium waiver renders the contract of insurance nonparticipating during the period the waiver is in effect.

(b) Whenever benefits become payable because of the maturity of such insurance while under the premium waiver continued by this section, liability for payment of such benefits shall be borne by the United States in an amount which, when added to any reserve of the policy at the time of maturity, will equal the then value of such benefits under such policy. Where life contingencies are involved in the calculation of the value of such benefits, the calculation of such liability or liabilities shall be based upon such mortality table or tables as the Secretary may prescribe with interest at the rate of 2¼ per centum per annum as to insurance issued under sections 620 and 621 of the National Service Life Insurance Act of 1940, at the rate of 3 per centum per annum as to other National Service Life Insurance, and 3½ per centum per annum as to United States Government life insurance. The Secretary shall transfer from time to time from the National Service Life Insurance appropriation to the National Service Life Insurance Fund and from the military and naval insurance appropriation to the United States Government Life Insurance Fund such sums as may be necessary to carry out the provisions of this section.

(c) In any case in which insurance continued in force under this section matures on or after January 1, 1972, an amount equal to the amount of premiums, less dividends, waived on and after that date shall be placed as an indebtedness against the insurance and, unless otherwise paid, shall be deducted from the proceeds. In such case, the liability of the Government under subsection (b) of this section shall be reduced by the amount so deducted from the proceeds.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1157, §724; Pub. L. 92–197, §7, Dec. 15, 1971, 85 Stat. 662; renumbered §1924 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

Editorial Notes

References in Text

Section 622 of the National Service Life Insurance Act of 1940, referred to in subsec. (a), is section 622 of act Oct. 8, 1940, ch. 757, title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt. II, §10, 65 Stat. 36, which enacted section 823 of former Title 38, Pensions, Bonuses, and Veterans' Relief, and which was repealed and the provisions thereof reenacted as this section by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105.

Sections 620 and 621 of the National Service Life Insurance Act of 1940, referred to in subsec. (b), are sections 620 and 621 of act Oct. 8, 1940, ch. 757, title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt. II, §10, 65 Stat. 36, which enacted sections 821 and 822 of former Title 38, Pensions, Bonuses, and Veterans' Relief, and which were repealed and reenacted as sections 722 and 723 [now 1922 and 1923], respectively, of this title by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105.

Amendments

1991—Pub. L. 102–83 renumbered section 724 of this title as this section and substituted "Secretary" for "Administrator" wherever appearing in subsecs. (a) and (b).

1971—Subsec. (c). Pub. L. 92–197 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1971 Amendment

Amendment by Pub. L. 92–197 effective Jan. 1, 1972, see section 10 of Pub. L. 92–197, set out as a note under section 1311 of this title.
38 U.S.C. § 1948 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter II / Section 1948: Total disability provision
Total disability provision
Status: in_force

The Secretary shall include in United States Government life insurance policies provision whereby an insured, who is totally disabled as a result of disease or injury for a period of four consecutive months or more before attaining the age of sixty-five years and before default in payment of any premium, shall be paid disability benefits at the rate of $5.75 monthly for each $1,000 of insurance in force when total disability benefits become payable. The amount of such monthly payment under the provisions of this section shall not be reduced because of payment of permanent and total disability benefits under the insurance policy. Such payments shall be effective as of the first day of the fifth consecutive month, and shall be made monthly during the continuance of such total disability. Such payments shall be concurrent with or independent of permanent and total disability benefits under the insurance policy. In addition to the monthly disability benefits the payment of premiums on the life insurance and for the total disability benefits authorized by this section shall be waived during the continuance of such total disability. Regulations shall provide for reexaminations of beneficiaries under this section; and, in the event that it is found that an insured is no longer totally disabled, the waiver of premiums and payment of benefits shall cease and the insurance policy, including the total disability provision, may be continued by payment of premiums as provided in said policy and the total disability provision. Neither the dividends nor the amount payable in any settlement under any United States Government life insurance policy shall be decreased because of disability benefits granted under the provisions of this section. The payment of total disability benefits shall not prejudice the right of any insured, who is totally and permanently disabled, to permanent and total disability benefits under the insured's insurance policy. The provision authorized by this section shall not be included in any United States Government life insurance policy heretofore or hereafter issued, except upon application, payment of premium by the insured, and proof of good health satisfactory to the Secretary. The benefit granted under this section shall be on the basis of multiples of $500, and not less than $1,000 or more than the amount of insurance in force at time of application. The Secretary shall determine the amount of the monthly premium to cover the benefits of this section, and in order to continue such benefits in force the monthly premiums shall be payable until the insured attains the age of sixty-five years or until the prior maturity of the policy. In all other respects such monthly premium shall be payable under the same terms and conditions as the regular monthly premium on the United States Government life insurance policy.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1159, §748; Pub. L. 97–295, §4(27), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 99–576, title VII, §701(30), Oct. 28, 1986, 100 Stat. 3293; renumbered §1948 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 748 of this title as this section and substituted "Secretary" for "Administrator" wherever appearing.

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

1982—Pub. L. 97–295 substituted "premium" for "permium" after "payment of".
38 U.S.C. § 104 (2024) — Title 38: VETERANS' BENEFITS / Chapter 1 / Section 104: Approval of educational institutions
Approval of educational institutions
Status: in_force

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

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

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

Editorial Notes

Amendments

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

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

1969—Subsec. (a). Pub. L. 91–24 substituted "the age of twenty-three years" for "the age of twenty-one years".
38 U.S.C. § 733 (2024) — Title 38: VETERANS' BENEFITS / Chapter 7 / Subchapter II / Section 733: Training regarding whistleblower disclosures
Training regarding whistleblower disclosures
Status: in_force

(a) Training.—Not less frequently than once every two years, the Secretary, in coordination with the Whistleblower Protection Ombudsman designated under section 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.),1 shall provide to each employee of the Department training regarding whistleblower disclosures, including—

(1) an explanation of each method established by law in which an employee may file a whistleblower disclosure;

(2) the right of the employee to petition Congress regarding a whistleblower disclosure in accordance with section 7211 of title 5;

(3) an explanation that the employee may not be prosecuted or reprised against for disclosing information to Congress, the Inspector General, or another investigatory agency in instances where such disclosure is permitted by law, including under sections 5701, 5705, and 7732 of this title, under section 552a of title 5 (commonly referred to as the Privacy Act), under chapter 93 of title 18, and pursuant to regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191);

(4) an explanation of the language that is required to be included in all nondisclosure policies, forms, and agreements pursuant to section 115(a)(1) of the Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 2302 note); and

(5) the right of contractors to be protected from reprisal for the disclosure of certain information under section 4705 or 4712 of title 41.

(b) Manner Training Is Provided.—The Secretary shall ensure, to the maximum extent practicable, that training provided under subsection (a) is provided in person.

(c) Certification.—Not less frequently than once every two years, the Secretary shall provide training on merit system protection in a manner that the Special Counsel certifies as being satisfactory.

(d) Publication.—The Secretary shall publish on the Internet website of the Department, and display prominently at each facility of the Department, the rights of an employee to make a whistleblower disclosure, including the information described in paragraphs (1) through (5) of subsection (a).

(e) Whistleblower Disclosure Defined.—In this section, the term "whistleblower disclosure" has the meaning given such term in section 323 of this title.

(Added Pub. L. 115–41, title I, §102(a)(3), June 23, 2017, 131 Stat. 866.)

Editorial Notes

References in Text

Section 3(d)(1)(C) of the Inspector General Act of 1978, referred to in subsec. (a), is section 3(d)(1)(C) of Pub. L. 95–452, which was set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 403(d)(1)(C) of Title 5 by Pub. L. 117–286, §§3(b), 7, Dec. 27, 2022, 136 Stat. 4209, 4361.

Section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (a)(3), is section 264(c) of Pub. L. 104–191, which is set out as a note under section 1320d–2 of Title 42, The Public Health and Welfare.

Section 115(a)(1) of the Whistleblower Protection Enhancement Act of 2012, referred to in subsec. (a)(4), is section 115(a)(1) of Pub. L. 112–199, which is set out as a note under section 2302 of Title 5, Government Organization and Employees.

Prior Provisions

A prior section 733 was renumbered section 731 of this title.

1 See References in Text note below.
38 U.S.C. § 5303B (2024) — Title 38: VETERANS' BENEFITS / Chapter 53 / Section 5303B: Character of service determinations
Character of service determinations
Status: in_force

(a) Determination.—The Secretary shall establish a process by which an individual who served in the Armed Forces and was discharged or dismissed therefrom may seek a determination from the Secretary with respect to whether such discharge or release was under a condition that bars the right of such individual to a benefit under the laws administered by the Secretary based upon the period of service from which discharged or dismissed.

(b) Provision of Information.—If the Secretary determines under subsection (a) that an individual is barred to a benefit under the laws administered by the Secretary, the Secretary shall provide to such individual information regarding the ability of the individual to address such condition, including pursuant to section 5303 of this title and chapter 79 of title 10.

(Added Pub. L. 115–141, div. J, title II, §259(a), Mar. 23, 2018, 132 Stat. 828.)