38 U.S.C. § 7302 (2024) — Title 38: VETERANS' BENEFITS / Chapter 73 / Subchapter I / Section 7302: Functions of Veterans Health Administration: health-care personnel education and training programs
Functions of Veterans Health Administration: health-care personnel education and training programs
Status: in_force

(a) In order to carry out more effectively the primary function of the Veterans Health Administration and in order to assist in providing an adequate supply of health personnel to the Nation, the Secretary—

(1) to the extent feasible without interfering with the medical care and treatment of veterans, shall develop and carry out a program of education and training of health personnel; and

(2) shall carry out a major program for the recruitment, training, and employment of veterans with medical military occupation specialties as—

(A) physician assistants;

(B) expanded-function dental auxiliaries; and

(C) other medical technicians.

(b) In carrying out subsection (a)(1), the Secretary shall include in the program of education and training under that subsection the developing and evaluating of new health careers, interdisciplinary approaches, and career advancement opportunities.

(c) In carrying out subsection (a)(2), the Secretary shall include in the program of recruitment, training, and employment under that subsection measures to advise all qualified veterans with military occupation specialties referred to in that subsection, and all members of the armed forces about to be discharged or released from active duty who have such military occupation specialties, of employment opportunities with the Administration.

(d) The Secretary shall carry out subsection (a) in cooperation with the following institutions and organizations:

(1) Schools of medicine, osteopathy, dentistry, nursing, pharmacy, optometry, podiatry, public health, or allied health professions.

(2) Other institutions of higher learning.

(3) Medical centers.

(4) Academic health centers.

(5) Hospitals.

(6) Such other public or nonprofit agencies, institutions, or organizations as the Secretary considers appropriate.

(e)(1) In carrying out this section, the Secretary shall establish medical residency programs, or ensure that already established medical residency programs have a sufficient number of residency positions, at any medical facility of the Department that the Secretary determines—

(A) is experiencing a shortage of physicians; and

(B) is located in a community that is designated as a health professional shortage area (as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e)).

(2) In carrying out paragraph (1), the Secretary shall—

(A) allocate the residency positions under such paragraph among occupations included in the most current determination published in the Federal Register pursuant to section 7412(a) of this title; and

(B) give priority to residency positions and programs in primary care, mental health, and any other specialty the Secretary determines appropriate.

(Added Pub. L. 102–40, title IV, §401(a)(3), May 7, 1991, 105 Stat. 211; amended Pub. L. 113–146, title III, §301(b)(1), Aug. 7, 2014, 128 Stat. 1784.)

Editorial Notes

Amendments

2014—Subsec. (e). Pub. L. 113–146 added subsec. (e).

Statutory Notes and Related Subsidiaries

Information on Certain Veterans With Prior Medical Occupations; Program on Intermediate Care Technicians of Department of Veterans Affairs

Pub. L. 117–263, div. E, title LI, §5127, Dec. 23, 2022, 136 Stat. 3220, provided that:

"(a) Update of Web Portal to Identify Certain Veterans.—

"(1) Update.—The Secretary of Veterans Affairs shall update web portals of the Department of Veterans Affairs to provide for a method by which a veteran who served in a medical occupation while serving as a member of the Armed Forces may elect to provide the information described in paragraph (2).

"(2) Information in portal.—The information described in this paragraph is the following:

"(A) Contact information for the veteran.

"(B) A history of the medical experience and trained competencies of the veteran.

"(3) Inclusions in history.—To the extent practicable, the history of a veteran provided under paragraph (2)(B) shall include individual critical task lists specific to the military occupational specialty of the veteran that align with standard occupational codes maintained by the Commissioner of the Bureau of Labor Statistics.

"(4) Sharing of information.—For purposes of facilitating civilian medical credentialing and hiring opportunities for veterans seeking to respond to a national emergency, including a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Secretary of Veterans Affairs, in coordination with the Secretary of Defense and the Secretary of Labor, shall establish a program to share the information described in paragraph (2) with the following:

"(A) State departments of veterans affairs.

"(B) Veterans service organizations.

"(C) State credentialing bodies.

"(D) State homes.

"(E) Other stakeholders involved in State-level credentialing, as determined appropriate by the Secretary of Veterans Affairs.

"(b) Program on Training of Intermediate Care Technicians of Department of Veterans Affairs.—

"(1) Establishment.—The Secretary of Veterans Affairs shall establish a program to train, certify, and employ covered veterans as intermediate care technicians of the Department of Veterans Affairs.

"(2) Locations.—The Secretary of Veterans Affairs may assign an intermediate care technician of the Department of Veterans Affairs trained under the program under paragraph (1) to any medical center of the Department of Veterans Affairs, giving priority to locations with a significant staffing shortage.

"(3) Inclusion of information in transition assistance program.—As part of the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code, the Secretary of Veterans Affairs shall conduct a communications campaign to convey to appropriate members of the Armed Forces separating from active duty opportunities for training, certification, and employment under the program under paragraph (1).

"(4) Report on expansion of program.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on whether the program under paragraph (1) may be replicated for other medical positions within the Department of Veterans Affairs.

"(c) Notification of Opportunities for Veterans.—The Secretary of Veterans Affairs shall notify veterans service organizations and, in coordination with the Secretary of Defense, members of the reserve components of the Armed Forces of opportunities for veterans under this section.

"(d) Definitions.—In this section:

"(1) The term 'covered veteran' means a veteran whom the Secretary of Veterans Affairs determines served as a basic health care technician while serving in the Armed Forces.

"(2) The terms 'State home' and 'veteran' have the meanings given those terms in section 101 of title 38, United States Code.

"(3) The term 'veterans service organization' means an organization that provides services to veterans, including organizations recognized by the Secretary of Veterans Affairs under section 5902 of title 38, United States Code."

Pilot Program on Graduate Medical Education and Residency

Pub. L. 115–182, title IV, §403, June 6, 2018, 132 Stat. 1472, as amended by Pub. L. 115–251, title II, §211(b)(9), Sept. 29, 2018, 132 Stat. 3177; Pub. L. 116–159, div. E, title I, §5107, Oct. 1, 2020, 134 Stat. 749, provided that:

"(a) Establishment.—

"(1) In general.—Subject to paragraph (5), the Secretary of Veterans Affairs shall establish a pilot program to establish medical residency positions authorized under section 7302 of title 38, United States Code, at covered facilities."

"(2) Covered facilities.—For purposes of this section, a covered facility is any of the following:

"(A) A health care facility of the Department of Veterans Affairs.

"(B) A health care facility operated by an Indian tribe or a tribal organization, as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

"(C) A health care facility operated by the Indian Health Service.

"(D) A Federally-qualified health center, as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B)).

"(E) A health care facility operated by the Department of Defense.

"(F) Such other health care facility as the Secretary considers appropriate for purposes of this section.

"(3) Agreements.—To carry out the pilot program under this section, the Secretary may enter into agreements with entities that operate covered facilities in which the Secretary places residents under paragraph (1).

"(4) Parameters for location, affiliate sponsor, and duration.—When determining in which covered facilities to place residents under paragraph (1), the Secretary shall consider the extent to which there is a clinical need for providers in an area, as determined by the following:

"(A) The ratio of veterans to health care providers of the Department for a standardized geographic area surrounding a facility, including a separate ratio for general practitioners and specialists.

"(B) The range of clinical specialties of providers in standardized geographic areas surrounding a facility.

"(C) Whether the specialty of a provider is included in the most recent staffing shortage determination of the Department under section 7412 of title 38, United States Code.

"(D) Whether the local community is designated by the Secretary of Veterans Affairs as underserved pursuant to criteria developed under section 401 of this Act [38 U.S.C. 8110 note].

"(E) Whether the facility is located in a community that is designated by the Secretary of Health and Human Services as a health professional shortage area under section 332 of the Public Health Service Act (42 U.S.C. 254e).

"(F) Whether the facility is located in a rural or remote area.

"(G) Such other criteria as the Secretary considers important in determining which facilities are not adequately serving area veterans.

"(5) Priority in placements.—During the pilot program under this section, the Secretary shall place no fewer than 100 residents in covered facilities—

"(A) operated by the Indian Health Service;

"(B) operated by an Indian tribe;

"(C) operated by a tribal organization; or

"(D) located in communities designated by the Secretary as underserved pursuant to criteria developed under section 401 of this Act [38 U.S.C. 8110 note].

"(6) Stipends and benefits.—The Secretary may pay stipends and provide benefits for residents in positions under paragraph (1), regardless of whether they have been assigned in a Department facility.

"(b) Reimbursement.—If a covered facility establishes a new residency program in which the Secretary places a resident under the pilot program, the Secretary shall reimburse that covered facility for costs of the following:

"(1) Curriculum development.

"(2) Recruitment and retention of faculty.

"(3) Accreditation of the program by the Accreditation Council for Graduate Medical Education.

"(4) The portion of faculty salaries attributable to duties under an agreement under subsection (a)(3).

"(5) Expenses relating to educating a resident under the pilot program.

"(c) Reporting.—

"(1) In general.—Not later than 1 year after the date of the enactment of this Act [June 6, 2018] and not less frequently than once each year thereafter until the termination of the pilot program, the Secretary shall submit to Congress a report on the implementation of the pilot program.

"(2) Elements.—Each report submitted under paragraph (1) shall include the following with regard to the immediately preceding year, and in comparison to the year immediately preceding that year:

"(A) The number of veterans who received care from residents under the pilot program.

"(B) The number of veterans who received care from each resident per position described in subsection (a)(1) under the pilot program.

"(C) The number of veterans who received care from residents under the pilot program expressed as a percentage of all individuals who received care from such residents.

"(D) The number of clinical appointments for veterans conducted by each resident under the pilot program.

"(E) The number of clinical appointments for veterans conducted by residents per position described in subsection (a)(1) under the pilot program.

"(F) The number of clinical appointments for veterans expressed as a percentage of all clinical appointments conducted by residents under the pilot program.

"(G) The number of positions described in subsection (a)(1) at each covered facility under the pilot program.

"(H) For each position described in subsection (a)(1) in a residency program affiliated with a health care facility of the Department, the time a resident under the pilot program spent training at that facility of the Department, expressed as a percentage of the total training time for that resident position.

"(I) For each residency program affiliated with a health care facility of the Department, the time all residents under the pilot program spent training at that facility of the Department, expressed as a percentage of the total training time for those residents.

"(J) The time that all residents under the pilot program who are assigned to programs affiliated with health care facilities of the Department spent training at facilities of the Department, expressed as a percentage of the total training time for those residents.

"(K) The cost to the Department of Veterans Affairs under the pilot program in the year immediately preceding the report and since the beginning of the pilot program.

"(L) The cost to the Department of Veterans Affairs per resident placed under the pilot program at each covered facility.

"(M) The number of residents under the pilot program hired by the Secretary to work in the Veterans Health Administration after completion of residency in the year immediately preceding the report and since the beginning of the pilot program.

"(N) The medical specialties pursued by residents under the pilot program.

"(d) Duration.—The pilot program under this section shall terminate on August 7, 2031."

Ten-year Increase

Pub. L. 113–146, title III, §301(b)(2), Aug. 7, 2014, 128 Stat. 1785, as amended by Pub. L. 114–315, title VI, §617(a), Dec. 16, 2016, 130 Stat. 1577, provided that:

"(A) In general.—In carrying out section 7302(e) of title 38, United States Code, as added by paragraph (1), during the 10-year period beginning on the day that is 1 year after the date of the enactment of this Act [Aug. 7, 2014], the Secretary of Veterans Affairs shall increase the number of graduate medical education residency positions at medical facilities of the Department by up to 1,500 positions.

"(B) Priority.—In increasing the number of graduate medical education residency positions at medical facilities of the Department under subparagraph (A), the Secretary shall give priority to medical facilities that—

"(i) as of the date of the enactment of this Act, do not have a medical residency program; and

"(ii) are located in a community that has a high concentration of veterans."

[For definition of "facility of the Department" as used in section 301(b)(2) of Pub. L. 113–146, set out above, see section 2 of Pub. L. 113–146, set out as a note under section 1701 of this title.]
38 U.S.C. § 1704A (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter I / Section 1704A: Independent assessments of health care delivery systems and management processes
Independent assessments of health care delivery systems and management processes
Status: in_force

(a) Independent Assessments.—(1) Not less frequently than once every 10 years, the Secretary shall enter into one or more contracts with a private sector entity or entities described in subsection (d) to conduct an independent assessment of the hospital care, medical services, and other health care furnished by the Department.

(2) Each assessment required under paragraph (1) shall address each of the following:

(A) Current and projected demographics and unique health care needs of the patient population served by the Department.

(B) The accuracy of models and forecasting methods used by the Department to project health care demand, including with respect to veteran demographics, rates of use of health care furnished by the Department, the inflation of health care costs, and such other factors as may be determined relevant by the Secretary.

(C) The reliability and accuracy of models and forecasting methods used by the Department to project the budgetary needs of the Veterans Health Administration and how such models and forecasting methods inform budgetary trends.

(D) The authorities and mechanisms under which the Secretary may furnish hospital care, medical services, and other health care at facilities of the Department and non-Department facilities, including through Federal and private sector partners and at joint medical facilities, and the effect of such authorities and mechanisms on eligibility and access to care.

(E) The organization, workflow processes, and tools used by the Department to support clinical staffing, access to care, effective length-of-stay management and care transitions, positive patient experience, accurate documentation, and subsequent coding of inpatient services.

(F) The efforts of the Department to recruit and retain staff at levels necessary to carry out the functions of the Veterans Health Administration and the process used by the Department to determine staffing levels necessary for such functions.

(G) The staffing level at each medical facility of the Department and the productivity of each health care provider at the medical facility, compared with health care industry performance metrics, which may include the following:

(i) An assessment of the case load of, and number of patients treated by, each health care provider at such medical facility during an average week.

(ii) An assessment of the time spent by each such health care provider on matters other than the case load of the health care provider, including time spent by the health care provider as follows:

(I) At a medical facility that is affiliated with the Department.

(II) Conducting research.

(III) Training or supervising other health care professionals of the Department.

(iii) An assessment of the complexity of health care conditions per patient treated by each health care provider at such medical facility during an average week.

(H) The information technology strategies of the Department with respect to furnishing and managing health care, including an identification of any weaknesses or opportunities with respect to the technology used by the Department, especially those strategies with respect to clinical documentation of hospital care, medical services, and other health care, including any clinical images and associated textual reports, furnished by the Department in facilities of the Department or non-Department facilities.

(I) Business processes of the Veterans Health Administration, including processes relating to furnishing non-Department health care, insurance identification, third-party revenue collection, and vendor reimbursement, including an identification of mechanisms as follows:

(i) To avoid the payment of penalties to vendors.

(ii) To increase the collection of amounts owed to the Department for hospital care, medical services, or other health care provided by the Department for which reimbursement from a third party is authorized and to ensure that such amounts collected are accurate.

(iii) To increase the collection of any other amounts owed to the Department with respect to hospital care, medical services, or other health care and to ensure that such amounts collected are accurate.

(iv) To increase the accuracy and timeliness of payments by the Department to vendors and providers.

(v) To reduce expenditures while improving the quality of care furnished.

(J) The purchase, distribution, and use of pharmaceuticals, medical and surgical supplies, medical devices, and health care-related services by the Department, including the following:

(i) The prices paid for, standardization of, and use by, the Department with respect to the following:

(I) Pharmaceuticals.

(II) Medical and surgical supplies.

(III) Medical devices.

(ii) The use by the Department of group purchasing arrangements to purchase pharmaceuticals, medical and surgical supplies, medical devices, and health care-related services.

(iii) The strategy and systems used by the Department to distribute pharmaceuticals, medical and surgical supplies, medical devices, and health care-related services to Veterans Integrated Service Networks and medical facilities of the Department.

(K) The competency of Department leadership with respect to culture, accountability, reform readiness, leadership development, physician alignment, employee engagement, succession planning, and performance management.

(L) The effectiveness of the authorities and programs of the Department to educate and train health personnel pursuant to section 7302 of this title.

(M) The conduct of medical and prosthetic research of the Department.

(N) The provision of assistance by the Department to Federal agencies and personnel involved in responding to a disaster or emergency.

(O) Such additional matters as may be determined relevant by the Secretary.

(b) Timing.—The private sector entity or entities carrying out an assessment pursuant to subsection (a) shall complete such assessment not later than 18 months after entering into the contract described in such paragraph.

(c) Leveraging of Existing Data and Contracts.—To the extent practicable, the private sector entity or entities carrying out an assessment pursuant to subsection (a) shall—

(1) make maximum use of existing data that has been compiled by the Department, compiled for the Department, or purchased by the Department, including data that has been collected for—

(A) the performance of quadrennial market assessments under section 7330C of this title;

(B) the quarterly publication of information on staffing and vacancies with respect to the Veterans Health Administration pursuant to section 505 of the VA MISSION Act of 2018 (Public Law 115–182; 38 U.S.C. 301 note); and

(C) the conduct of annual audits pursuant to section 3102 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116–315; 38 U.S.C. 1701 note).

(2) maximize the use of existing contracts and other agreements of the Department for studies, analysis, data collection, or research in order to efficiently fulfill the requirements of this section.

(d) Private Sector Entities Described.—A private sector entity described in this subsection is a private entity that—

(1) has experience and proven outcomes in optimizing the performance of national health care delivery systems, including the Veterans Health Administration, other federal health care systems, and systems in the private, non-profit, or public health care sector;

(2) specializes in implementing large-scale organizational and cultural transformations, especially with respect to health care delivery systems; and

(3) is not currently under contract with the Department to provide direct or indirect patient care or related clinical care services or supplies under the laws administered by the Secretary.

(e) Program Integrator.—(1) If the Secretary enters into contracts with more than one private sector entity under subsection (a) with respect to a single assessment under such subsection, the Secretary shall designate one such entity as the program integrator.

(2) The program integrator designated pursuant to paragraph (1) shall be responsible for coordinating the outcomes of the assessments conducted by the private sector entities pursuant to such contracts.

(f) Reports.—(1)(A) Not later than 60 days after completing an assessment pursuant to subsection (a), the private sector entity or entities carrying out such assessment shall submit to the Secretary and the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the findings and recommendations of the private sector entity or entities with respect to such assessment.

(B) Each report under subparagraph (A) with respect to an assessment shall include an identification of the following:

(i) Any changes with respect to the matters included in such assessment since the date that is the later of the following:

(I) The date on which the independent assessment under section 201 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note) was completed.

(II) The date on which the last assessment under subsection (a) was completed.

(ii) Any recommendations regarding matters to be covered by subsequent assessments under subsection (a), including any additional matters to include for assessment or previously assessed matters to exclude.

(2) Not later than 30 days after receiving a report under paragraph (1), the Secretary shall publish such report in the Federal Register and on a publicly accessible internet website of the Department.

(3) Not later than 90 days after receiving a report under paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report outlining the feasibility and advisability of implementing the recommendations made by the private sector entity or entities in such report received, including an identification of the timeline, cost, and any legislative authorities necessary for such implementation.

(g) Sunset.—The requirement to enter into contracts under subsection (a) shall terminate on December 31, 2055.

(Added Pub. L. 117–328, div. U, title I, §194(a), Dec. 29, 2022, 136 Stat. 5440.)

Statutory Notes and Related Subsidiaries

Deadline for Initial Assessment

Pub. L. 117–328, div. U, title I, §194(c), Dec. 29, 2022, 136 Stat. 5444, provided that: "The initial assessment under section 1704A of title 38, United States Code, as added by subsection (a), shall be completed by not later than December 31, 2025."
38 U.S.C. § 1174 (2024) — Title 38: VETERANS' BENEFITS / Chapter 11 / Subchapter VII / Section 1174: Regulations regarding presumptions of service connection based on toxic exposure
Regulations regarding presumptions of service connection based on toxic exposure
Status: in_force

(a) Action Upon Recommendation.—Not later than 160 days after the date on which the Secretary receives a recommendation to establish or modify a presumption of service connection under section 1173 of this title—

(1) if the Secretary determines, in the discretion of the Secretary, that the presumption, or modification, is warranted, the Secretary shall—

(A) commence issuing regulations in accordance with the provisions of subchapter II of chapter 5 of title 5 (commonly referred to as the Administrative Procedures Act) setting forth the presumption or commence revising regulations to carry out such modification; and

(B) include in such regulations any time frame during which a health effect must become manifest; or

(2) if the Secretary determines, in the discretion of the Secretary, that the presumption, or modification, is not warranted, the Secretary shall publish in the Federal Register a notice of the determination, including the reasons supporting the determination.

(b) Removal of Presumption.—(1)(A) The Secretary may—

(i) issue a regulation to remove an illness from a presumption of service connection previously established pursuant to a regulation issued under subsection (a); and

(ii) issue a regulation to remove a presumption of service connection established pursuant to title IV of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 if the Secretary concludes that evidence suggests the lack of a positive association between the disease and the toxic exposure.

(B) Under subparagraph (A)(ii), the Secretary shall not consider the lack of evidence as sufficient to support a decision for removal of a presumption.

(2) Whenever an illness is removed from regulations pursuant to paragraph (1), or the periods and locations of exposure covered by a presumption of service connection are modified under subsection (a)—

(A) a veteran who was awarded compensation under chapter 11 of this title for such illness on the basis of the presumption provided under such regulations before the effective date of the removal or modification shall continue to be entitled to receive compensation on that basis;

(B) a survivor of a veteran who was awarded dependency and indemnity compensation under chapter 13 of this title for the death of a veteran resulting from such illness on the basis of such presumption shall continue to be entitled to receive dependency and indemnity compensation on such basis; and

(C) no veteran or survivor covered under subparagraph (A) or (B) shall have their compensation reduced solely because of the removal of an illness pursuant to paragraph (1).

(Added Pub. L. 117–168, title II, §202(a), Aug. 10, 2022, 136 Stat. 1770.)

Editorial Notes

References in Text

Title IV of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsec. (b)(1)(A)(ii), is title IV of Pub. L. 117–168, Aug. 10, 2022, 136 Stat. 1780, which enacted section 1120 of this title, amended sections 1112, 1113, 1116, 1117, and 1710 of this title, and enacted provisions set out as notes under sections 101, 1116, and 1120 of this title. For complete classification of title IV to the Code, see Tables.
38 U.S.C. § 5315 (2024) — Title 38: VETERANS' BENEFITS / Chapter 53 / Section 5315: Interest and administrative cost charges on delinquent payments of certain amounts due the United States
Interest and administrative cost charges on delinquent payments of certain amounts due the United States
Status: in_force

(a) Notwithstanding any other provision of this title or of any other law and subject to sections 3485(e) and 5302 of this title, interest and administrative costs (as described in subsections (b) and (c) of this section) shall be charged, under regulations which the Secretary shall prescribe, on any amount owed to the United States—

(1) for an indebtedness resulting from a person's participation in a benefits program administered by the Secretary other than—

(A) a loan, loan-guaranty, or loan-insurance program;

(B) a disability compensation program;

(C) a pension program; or

(D) an educational assistance program.

(2) for an indebtedness resulting from the provision of care or services under chapter 17 of this title; or

(3) to the extent not precluded by the terms of the loan instruments concerned, for an indebtedness resulting from a person's participation in a program of loans, loan guaranties, or loan insurance administered by the Secretary under this title.

(b)(1) Interest on the amount of any indebtedness described in subsection (a) of this section shall accrue from the day on which the initial notification of the amount due is mailed to the person who owes such amount (using the most current address of such person that is available to the Secretary), but interest under this section shall not be charged (A) for any period before October 17, 1980, or (B) if the amount due is paid within a reasonable period of time. The Secretary shall, in the regulations prescribed pursuant to subsection (a) of this section, prescribe what constitutes a reasonable period of time for payment of an indebtedness after the initial notification of indebtedness has been mailed.

(2) The rate of interest to be charged under this section shall be based on the rate of interest paid by the United States for its borrowing and shall be determined by the Secretary under such regulations.

(c) The administrative costs to be charged under this section with respect to an amount owed to the United States shall be so much of the costs incurred by the United States in collecting such amount as the Secretary determines, under such regulations, to be reasonable and appropriate.

(Added Pub. L. 96–466, title VI, §605(a)(1), Oct. 17, 1980, 94 Stat. 2210, §3115; amended Pub. L. 102–16, §6(b)(4), Mar. 22, 1991, 105 Stat. 51; renumbered §5315 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §§4(a)(1), (b)(1), (2)(E), 5(C)(1), Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 105–368, title X, §1005(b)(17), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 117–328, div. U, title II, §253(a), Dec. 29, 2022, 136 Stat. 5464.)

Editorial Notes

Amendments

2022—Subsec. (a)(1). Pub. L. 117–328 designated existing provisions as introductory provisions, substituted "other than—" for "other than a loan, loan-guaranty, or loan-insurance program;", and added subpars. (A) to (D).

1998—Subsec. (b)(1). Pub. L. 105–368 substituted "October 17, 1980," for "the date of the enactment of this section,".

1991—Pub. L. 102–40, §402(b)(1), renumbered section 3115 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "3485(e)" for "1685(e)" in introductory provisions.

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

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

Pub. L. 102–40, §402(d)(1), substituted "5302" for "3102" in introductory provisions.

Pub. L. 102–16 substituted "sections 1685(e) and 3102" for "section 3102" in introductory provisions.

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

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–328, div. U, title II, §253(b), Dec. 29, 2022, 136 Stat. 5464, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to an indebtedness that occurs on or after the date of the enactment of this Act [Dec. 29, 2022]."

Effective Date

Section effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(f) of Pub. L. 96–466, set out as a note under section 5314 of this title.
38 U.S.C. § 3512 (2024) — Title 38: VETERANS' BENEFITS / Chapter 35 / Subchapter II / Section 3512: Periods of eligibility
Periods of eligibility
Status: in_force

(a) Except as provided in subsection (g), the educational assistance to which an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title is entitled under section 3511 of this title or subchapter V of this chapter may be afforded the person during the period beginning on the person's eighteenth birthday, or on the successful completion of the person's secondary schooling, whichever first occurs, and ending on the person's twenty-sixth birthday, except that—

(1) if the person is above the age of compulsory school attendance under applicable State law, and the Secretary determines that the person's best interests will be served thereby, such period may begin before the person's eighteenth birthday;

(2) if the person has a mental or physical handicap, and the Secretary determines that the person's best interests will be served by pursuing a program of special restorative training or a specialized course of vocational training approved under section 3536 of this title, such period may begin before the person's eighteenth birthday, but not before the person's fourteenth birthday;

(3) if the Secretary first finds that the parent from whom eligibility is derived has a service-connected total disability permanent in nature, or if the death of the parent from whom eligibility is derived occurs, after the eligible person's eighteenth birthday but before the person's twenty-sixth birthday, then (unless paragraph (4) or (5) applies) such period shall end 8 years after the date that is elected by that person to be the beginning date of entitlement under section 3511 of this title or subchapter V of this chapter if—

(A) the Secretary approves that beginning date;

(B) the eligible person elects that beginning date by not later than the end of the 60-day period beginning on the date on which the Secretary provides written notice to that person of that person's opportunity to make such election, such notice including a statement of the deadline for the election imposed under this subparagraph; and

(C) that beginning date—

(i) in the case of a person whose eligibility is based on a parent who has a service-connected total disability permanent in nature, is the date determined pursuant to subsection (d), or any date between the two dates described in subsection (d); and

(ii) in the case of a person whose eligibility is based on the death of a parent, is between—

(I) the date of the parent's death; and

(II) the date of the Secretary's decision that the death was service-connected;

(4) if the person otherwise eligible under paragraph (3) fails to elect a beginning date of entitlement in accordance with that paragraph, the beginning date of the person's entitlement shall be the date of the Secretary's decision that the parent has a service-connected total disability permanent in nature, or that the parent's death was service-connected, whichever is applicable;

(5) if the person serves on duty with the Armed Forces as an eligible person after the person's eighteenth birthday but before the person's twenty-sixth birthday, then such period shall end 8 years after the person's first discharge or release from such duty with the Armed Forces (excluding from such 8 years all periods during which the eligible person served on active duty before August 1, 1962, pursuant to (A) a call or order thereto issued to the person as a Reserve after July 30, 1961, or (B) an extension of enlistment, appointment, or period of duty with the Armed Forces pursuant to section 2 of Public Law 87–117); however, in no event shall such period be extended beyond the person's thirty-first birthday by reason of this paragraph;

(6) if the person becomes eligible by reason of a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title after the person's eighteenth birthday but before the person's twenty-sixth birthday, then (unless paragraph (5) applies) such period shall end eight years after the date on which the person becomes eligible by reason of such provisions, but in no event shall such period be extended beyond the person's thirty-first birthday by reason of this paragraph;

(7)(A) if such person is enrolled in an educational institution regularly operated on the quarter or semester system and such period ends during a quarter or semester, such period shall be extended to the end of the quarter or semester; or

(B) if such person is enrolled in an educational institution operated on other than a quarter or semester system and such period ends after a major portion of the course is completed, such period shall be extended to the end of the course, or until 12 weeks have expired, whichever first occurs; and

(8) if the person is pursuing a preparatory course described in section 3002(3)(B) of this title, such period may begin on the date that is the first day of such course pursuit, notwithstanding that such date may be before the person's eighteenth birthday, except that in no case may such person be afforded educational assistance under this chapter for pursuit of secondary schooling unless such course pursuit would otherwise be authorized under this subsection.

(b)(1)(A) Except as provided in subsection (g) or subparagraph (B), (C), or (D), a person made eligible by subparagraph (B) or (D) of section 3501(a)(1) of this title or a person made eligible by the disability of a spouse under section 3501(a)(1)(E) of this title may be afforded educational assistance under this chapter during the 10-year period beginning on the date (as determined by the Secretary) the person becomes an eligible person within the meaning of section 3501(a)(1)(B), 3501(a)(1)(D)(i), 3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title. In the case of a surviving spouse made eligible by clause (ii) of section 3501(a)(1)(D) of this title, the 10-year period may not be reduced by any earlier period during which the person was eligible for educational assistance under this chapter as a spouse made eligible by clause (i) of that section.

(B) Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph may, subject to the Secretary's approval, elect a later beginning date for the 10-year period than would otherwise be applicable to the person under that subparagraph. The beginning date so elected may be any date between the beginning date determined for the person under subparagraph (A) and whichever of the following dates applies:

(i) The date on which the Secretary notifies the veteran from whom eligibility is derived that the veteran has a service-connected total disability permanent in nature.

(ii) The date on which the Secretary determines that the veteran from whom eligibility is derived died of a service-connected disability.

(iii) The date on which the Secretary notifies the member of the Armed Forces from whom eligibility is derived that the member has a total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, air, or space service.

(C) Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph who is made eligible under section 3501(a)(1)(B) of this title by reason of the death of a person on active duty may be afforded educational assistance under this chapter during the 20-year period beginning on the date (as determined by the Secretary) such person becomes an eligible person within the meaning of such section.

(D) Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph who is made eligible under section 3501(a)(1)(D)(i) of this title by reason of a service-connected disability that was determined to be a total disability permanent in nature not later than three years after discharge from service may be afforded educational assistance under this chapter during the 20-year period beginning on the date the disability was so determined to be a total disability permanent in nature, but only if the eligible person remains the spouse of the disabled person throughout the period.

(2) Except as provided in subsection (g), notwithstanding the provisions of paragraph (1) of this subsection, in the case of any eligible person (as defined in section 3501(a)(1)(B), (C), (D), or (E) of this title) whose eligibility is based on the death or disability of a spouse or on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title who was prevented from initiating or completing such person's chosen program of education within such period because of a physical or mental disability which was not the result of such person's own willful misconduct, such person shall, upon application made within one year after (A) the last date of the delimiting period otherwise applicable under this section, (B) the termination of the period of mental or physical disability, or (C) October 1, 1980, whichever is the latest, be granted an extension of the applicable delimiting period for such length of time as the Secretary determines, from the evidence, that such person was so prevented from initiating or completing such program of education. When an extension of the applicable delimiting period is granted under the exception in the preceding sentence, the delimiting period will again begin running on the first day following such eligible person's recovery from such disability on which it is reasonably feasible, as determined in accordance with regulations which the Secretary shall prescribe, for such eligible person to initiate or resume pursuit of a program of education with educational assistance under this chapter.

(c)(1) Notwithstanding subsection (a) and subject to paragraph (2), an eligible person may be afforded educational assistance beyond the age limitation applicable to the person under such subsection if—

(A) the person suspends pursuit of such person's program of education after having enrolled in such program within the time period applicable to such person under such subsection;

(B) the person is unable to complete such program after the period of suspension and before attaining the age limitation applicable to the person under such subsection; and

(C) the Secretary finds that the suspension was due to either of the following:

(i) The actions of the person as the primary provider of personal care services for a veteran or member of the Armed Forces under section 1720G(a) of this title.

(ii) Conditions otherwise beyond the control of the person.

(2) Paragraph (1) shall not apply with respect to the period of an individual as a primary provider of personal care services if the period concludes with the revocation of the individual's designation as such a primary provider under section 1720G(a)(7)(D) of this title.

(3) Educational assistance may not be afforded a person under paragraph (1) after the earlier of—

(A) the age limitation applicable to the person under subsection (a), plus a period of time equal to the period the person was required to suspend pursuit of the person's program of education as described in paragraph (1); or

(B) the date of the person's thirty-first birthday.

(d) The term "first finds" as used in this section means the effective date of the rating or date of notification to the person from whom eligibility is derived establishing a service-connected total disability permanent in nature whichever is more advantageous to the eligible person.

(e) Except as provided in subsection (g), no person made eligible by section 3501(a)(1)(C) of this title based on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title may be afforded educational assistance under this chapter beyond 10 years after the date on which the spouse was so listed.

(f) Notwithstanding any other provision of this section, if an eligible person, during the delimiting period otherwise applicable to such person under this section, serves on active duty pursuant to an order to active duty issued under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, or is involuntarily ordered to full-time National Guard duty under section 502(f) of title 32, such person shall be granted an extension of such delimiting period for the length of time equal to the period of such active duty plus four months.

(g) Notwithstanding any other provision of this section, the following persons may be afforded educational assistance under this chapter at any time after August 1, 2023, and without regard to the age of the person:

(1) A person who first becomes an eligible person on or after August 1, 2023.

(2) A person who—

(A) first becomes an eligible person before August 1, 2023; and

(B) becomes 18 years of age, or completes secondary schooling, on or after August 1, 2023.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1194, §1712; Pub. L. 87–815, §2(a), Oct. 15, 1962, 76 Stat. 926; Pub. L. 87–819, §2, Oct. 15, 1962, 76 Stat. 935; Pub. L. 88–361, §3, July 7, 1964, 78 Stat. 297; Pub. L. 90–77, title III, §307(a), Aug. 31, 1967, 81 Stat. 189; Pub. L. 90–631, §2(e), Oct. 23, 1968, 82 Stat. 1333; Pub. L. 91–219, title II, §208, Mar. 26, 1970, 84 Stat. 83; Pub. L. 91–584, §3, Dec. 24, 1970, 84 Stat. 1575; Pub. L. 92–540, title IV, §402(1), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 93–337, §2, July 10, 1974, 88 Stat. 292; Pub. L. 94–502, title III, §§304, 310(7)–(9), Oct. 15, 1976, 90 Stat. 2390, 2391; Pub. L. 95–202, title II, §203(a)(2), (b)(2), Nov. 23, 1977, 91 Stat. 1439, 1440; Pub. L. 96–466, title III, §§321, 322, Oct. 17, 1980, 94 Stat. 2195; Pub. L. 97–66, title VI, §605(a), Oct. 17, 1981, 95 Stat. 1036; Pub. L. 97–295, §4(44), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 98–160, title VII, §702(13), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 99–576, title III, §313, Oct. 28, 1986, 100 Stat. 3273; Pub. L. 101–237, title IV, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered §3512 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 106–419, title I, §§112, 114(b), Nov. 1, 2000, 114 Stat. 1831, 1833; Pub. L. 107–14, §§7(f)(1), 8(a)(6), June 5, 2001, 115 Stat. 33, 34; Pub. L. 107–103, title I, §§103(b), 108(b)(2), (c)(2), (3), Dec. 27, 2001, 115 Stat. 979, 985; Pub. L. 107–330, title III, §308(e)(1), Dec. 6, 2002, 116 Stat. 2828; Pub. L. 108–183, title III, §§303(a), 306(f)(2), Dec. 16, 2003, 117 Stat. 2659, 2661; Pub. L. 108–454, title I, §105, Dec. 10, 2004, 118 Stat. 3602; Pub. L. 109–444, §3(b)(3), Dec. 21, 2006, 120 Stat. 3306; Pub. L. 109–461, title III, §301(b)(3), title X, §1006(b), Dec. 22, 2006, 120 Stat. 3426, 3468; Pub. L. 110–389, title III, §321, Oct. 10, 2008, 122 Stat. 4168; Pub. L. 111–275, title X, §1001(h), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 111–377, title II, §201(c), Jan. 4, 2011, 124 Stat. 4124; Pub. L. 116–283, div. A, title IX, §926(a)(45), Jan. 1, 2021, 134 Stat. 3830; Pub. L. 117–328, div. U, title II, §234, Dec. 29, 2022, 136 Stat. 5458.)

Editorial Notes

References in Text

Section 2 of Public Law 87–117 [75 Stat. 242], referred to in subsec. (a)(5), was set out as a note under former section 263 of Title 10, Armed Forces.

Amendments

2022—Subsec. (a). Pub. L. 117–328, §234(b)(1), substituted "Except as provided in subsection (g), the educational" for "The educational" in introductory provisions.

Subsec. (b)(1)(A). Pub. L. 117–328, §234(b)(2)(A), inserted "subsection (g) or" after "provided in".

Subsec. (b)(2). Pub. L. 117–328, §234(b)(2)(B), substituted "Except as provided in subsection (g), notwithstanding" for "Notwithstanding".

Subsec. (e). Pub. L. 117–328, §234(b)(3), substituted "Except as provided in subsection (g), no person" for "No person".

Subsecs. (f) to (h). Pub. L. 117–328, §234(a), redesignated subsec. (h) as (f) and added subsec. (g).

2021—Subsec. (b)(1)(B)(iii). Pub. L. 116–283 substituted "air, or space service" for "or air service".

2011—Subsec. (c). Pub. L. 111–377 amended subsec. (c) generally. Prior to amendment, text read as follows: "Notwithstanding the provisions of subsection (a) of this section, an eligible person may be afforded educational assistance beyond the age limitation applicable to such person under such subsection if (1) such person suspends pursuit of such person's program of education after having enrolled in such program within the time period applicable to such person under such subsection, (2) such person is unable to complete such program after the period of suspension and before attaining the age limitation applicable to such person under such subsection, and (3) the Secretary finds that the suspension was due to conditions beyond the control of such person; but in no event shall educational assistance be afforded such person by reason of this subsection beyond the age limitation applicable to such person under subsection (a) of this section plus a period of time equal to the period such person was required to suspend the pursuit of such person's program, or beyond such person's thirty-first birthday, whichever is earlier."

2010—Subsec. (a)(6). Pub. L. 111–275 substituted "this paragraph" for "this clause".

2008—Subsec. (b)(1). Pub. L. 110–389 substituted "subparagraph (B), (C), or (D)" for "subparagraph (B) or (C)" in subpar. (A) and added subpar. (D).

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

Subsec. (a). Pub. L. 109–461, §301(b)(3)(A)(i), substituted "an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title" for "an eligible person (within the meaning of section 3501(a)(1)(A) of this title)".

Pub. L. 109–444, §3(b)(3)(A)(i), which substituted "an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title" for "an eligible person (within the meaning of section 3501(a)(1)(A) of this title)", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (a)(6). Pub. L. 109–461, §301(b)(3)(A)(ii), substituted "a parent being listed in one of the categories referred to in section 3501(a)(1)(C)" for "the provisions of section 3501(a)(1)(A)(iii)".

Pub. L. 109–444, §3(b)(3)(A)(ii), which substituted "a parent being listed in one of the categories referred to in section 3501(a)(1)(C)" for "the provisions of section 3501(a)(1)(A)(iii)", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (b)(1)(A). Pub. L. 109–461, §301(b)(3)(B)(i), inserted "or a person made eligible by the disability of a spouse under section 3501(a)(1)(E) of this title" after "section 3501(a)(1) of this title" and substituted "3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title" for "or 3501(a)(1)(D)(ii) of this title".

Pub. L. 109–444, §3(b)(3)(B)(i), which inserted "or a person made eligible by the disability of a spouse under section 3501(a)(1)(E) of this title" after "section 3501(a)(1) of this title" and substituted "3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title" for "or 3501(a)(1)(D)(ii) of this title", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (b)(1)(B)(iii). Pub. L. 109–461, §301(b)(3)(B)(ii), added cl. (iii).

Pub. L. 109–444, §3(b)(3)(B)(ii), which added cl. (iii) identical to that added by Pub. L. 109–461, §301(b)(3)(B)(ii), was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (b)(2). Pub. L. 109–461, §301(b)(3)(B)(iii), substituted "(D), or (E) of this title) whose eligibility is based on the death or disability of a spouse or on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title" for "or (D) of this title)".

Pub. L. 109–444, §3(b)(3)(B)(iii), which substituted "(D), or (E) of this title) whose eligibility is based on the death or disability of a spouse or on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title" for "or (D) of this title)", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (d). Pub. L. 109–461, §301(b)(3)(C), substituted "person from whom eligibility" for "veteran from whom eligibility".

Pub. L. 109–444, §3(b)(3)(C), which substituted "person from whom eligibility" for "veteran from whom eligibility", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (e). Pub. L. 109–461, §301(b)(3)(D), inserted "based on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title" after "of this title" and "so" after "the spouse was" and struck out "by the Secretary concerned in one of the categories referred to in such section or December 24, 1970, whichever last occurs" before period at end.

Pub. L. 109–444, §3(b)(3)(D), which inserted "based on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title" after "of this title" and "so" after "the spouse was" and struck out "by the Secretary concerned in one of the categories referred to in such section or December 24, 1970, whichever last occurs" before period at end, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

2004—Subsec. (b)(1)(A). Pub. L. 108–454, §105(1), substituted "in subparagraph (B) or (C)" for "in subparagraph (B)".

Subsec. (b)(1)(C). Pub. L. 108–454, §105(2), added subpar.(C).

2003—Subsec. (f). Pub. L. 108–183, §306(f)(2), struck out subsec. (f) which related to period of eligibility for loans under subchapter III of chapter 36 of this title.

Subsec. (h). Pub. L. 108–183, §303(a), inserted "or is involuntarily ordered to full-time National Guard duty under section 502(f) of title 32," after "title 10,".

2002—Subsec. (a)(3). Pub. L. 107–330, §308(e)(1)(A)(i), substituted "paragraph (4) or (5)" for "paragraph (4)" in introductory provisions.

Subsec. (a)(3)(C)(i). Pub. L. 107–330, §308(e)(1)(A)(ii), substituted "subsection (d), or any date between the two dates described in subsection (d)" for "subsection (d)".

Subsec. (a)(4) to (8). Pub. L. 107–330, §308(e)(1)(B)–(D), added par. (4), redesignated former pars. (4) to (7) as (5) to (8), respectively, and substituted "paragraph (5)" for "paragraph (4)" in par. (6).

2001—Subsec. (a)(3)(B). Pub. L. 107–14, §7(f)(1)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "the eligible person makes that election after the person's eighteenth birthday but before the person's twenty-sixth birthday; and".

Subsec. (a)(3)(C)(i). Pub. L. 107–14, §7(f)(1)(B), substituted "the date determined pursuant to" for "between the dates described in".

Subsec. (a)(5). Pub. L. 107–14, §8(a)(6)(A), substituted "paragraph (4)" for "clause (4) of this subsection".

Subsec. (b)(1). Pub. L. 107–103, §108(c)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "No person made eligible by section 3501(a)(1)(B) or (D) of this title may be afforded educational assistance under this chapter beyond 10 years after whichever of the following last occurs:

"(A) The date on which the Secretary first finds the spouse from whom eligibility is derived has a service-connected total disability permanent in nature.

"(B) The date of death of the spouse from whom eligibility is derived who dies while a total disability evaluated as permanent in nature was in existence.

"(C) The date on which the Secretary determines that the spouse from whom eligibility is derived died of a service-connected disability."

Subsec. (b)(2). Pub. L. 107–14, §8(a)(6)(B), substituted "willful" for "willfull".

Subsec. (b)(3). Pub. L. 107–103, §108(c)(3), struck out par. (3) which read as follows:

"(3)(A) Notwithstanding the provisions of paragraph (1) of this subsection, any eligible person (as defined in clause (B) or (D) of section 3501(a)(1) of this title) may, subject to the approval of the Secretary, be permitted to elect a date referred to in subparagraph (B) of this paragraph to commence receiving educational assistance benefits under this chapter. The date so elected shall be the beginning date of the delimiting period applicable to such person under this section.

"(B) The date which an eligible person may elect under subparagraph (A) of this paragraph is any date during the period beginning on the date the person became an eligible person within the meaning of clause (B) or (D) of section 3501(a)(1) of this title and ending on the date determined under subparagraph (A), (B), or (C) of paragraph (1) of this subsection to be applicable to such person."

Subsec. (g). Pub. L. 107–103, §108(b)(2), struck out subsec. (g) which read as follows: "Any entitlement used by any eligible person as a result of eligibility under the provisions of section 3501(a)(1)(A)(iii) or 3501(a)(1)(C) of this title shall be deducted from any entitlement to which such person may subsequently become entitled under the provisions of this chapter."

Subsec. (h). Pub. L. 107–103, §103(b), added subsec. (h).

2000—Subsec. (a)(3). Pub. L. 106–419, §112, substituted "8 years after the date that is elected by that person to be the beginning date of entitlement under section 3511 of this title or subchapter V of this chapter if—" and subpars. (A) to (C) for "8 years after, whichever date last occurs: (A) the date on which the Secretary first finds that the parent from whom eligibility is derived has a service-connected total disability permanent in nature, or (B) the date of death of the parent from whom eligibility is derived;".

Subsec. (a)(7). Pub. L. 106–419, §114(b), added par. (7).

1991—Pub. L. 102–83, §5(a), renumbered section 1712 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "3501(a)(1)(A)" for "1701(a)(1)(A)" and "3511" for "1711" in introductory provisions, "3536" for "1736" in par. (2), and "3501(a)(1)(A)(iii)" for "1701(a)(1)(A)(iii)" in par. (5).

Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "3501(a)(1)(B)" for "1701(a)(1)(B)" in pars. (1) and (2) and "3501(a)(1)" for "1701(a)(1)" in par. (3)(A) and (B).

Subsec. (e). Pub. L. 102–83, §5(c)(1), substituted "3501(a)(1)(C)" for "1701(a)(1)(C)".

Subsec. (f). Pub. L. 102–83, §5(c)(1), substituted "3501(a)(1)(B)" for "1701(a)(1)(B)" and "3462(a)(2)" for "1662(a)(2)".

Subsec. (g). Pub. L. 102–83, §5(c)(1), substituted "3501(a)(1)(A)(iii) or 3501(a)(1)(C)" for "1701(a)(1)(A)(iii) or 1701(a)(1)(C)".

1989—Subsecs. (a)(1) to (3), (b)(1)(A), (C), (2), (3)(A), (c). Pub. L. 101–237 substituted "Secretary" for "Administrator" wherever appearing.

1986—Subsec. (b)(3). Pub. L. 99–576 added par. (3).

1983—Subsec. (b)(2)(C). Pub. L. 98–160 substituted "October 1, 1980" for "the effective date of the Veterans' Rehabilitation and Education Amendments of 1980".

1982—Subsec. (a). Pub. L. 97–295, §4(44)(A), inserted "of this title" after "section 1701(a)(1)(A)", and inserted a colon after "last occurs" in cl. (3).

Subsec. (b). Pub. L. 97–295, §4(44)(B), substituted "of this title" for "of this chapter" wherever appearing.

Subsec. (e). Pub. L. 97–295, §4(44)(C), substituted "December 24, 1970" for "the date of enactment of this subsection".

1981—Subsec. (b)(1). Pub. L. 97–66 substituted "after whichever of the following last occurs" for "after whichever last occurs" in the provisions preceding subpar. (A), "The date" for "the date" and "permanent in nature." for "permanent in nature, or;" in subpar. (A), and "The date of death of the spouse from whom eligibility is derived who dies while a total disability evaluated as permanent in nature was in existence" for "the date of death of the spouse from whom eligibility is derived" in subpar. (B), and added subpar. (C).

1980—Subsec. (a)(5), (6). Pub. L. 96–466, §321, added cl. (5) and redesignated former cl. (5) as (6).

Subsec. (b)(2). Pub. L. 96–466, §322, inserted "made within one year after (A) the last date of the delimiting period otherwise applicable under this section, (B) the termination of the period of mental or physical disability, or (C) the effective date of the Veterans' Rehabilitation and Education Amendments of 1980, whichever is the latest" after "application", inserted "so" after "that such veteran was", and inserted provision relating to the running of the delimiting period when an extension of the applicable delimiting period is granted an eligible person.

1977—Subsec. (b). Pub. L. 95–202, §203(a)(2), designated existing provisions as par. (1) and former cls. (1) and (2) thereof as cls. (A) and (B), and added par. (2).

Subsecs. (f), (g). Pub. L. 95–202, §203(b)(2), added subsec. (f) and redesignated former subsec. (f) as (g).

1976—Subsec. (a). Pub. L. 94–502, §§304(1), (2), 310(7), substituted "the person" for "he" and "him" and "the person's" for "his", respectively, in the provision preceding cl. (1), and in cls. (1), (2), (3), and (4), in cls. (3) and (4) "8 years" for "five years", and cl. (5), "such person" for "he", "a quarter or semester" for "the last half of a quarter or semester", "period ends after a major portion of the course is completed" for "periods ends during the last half of the course", and "12 weeks" for "nine weeks".

Subsec. (c). Pub. L. 94–502, §310(8), substituted "such person" for "him" and "he" wherever appearing, and "such person's" for "his" wherever appearing.

Subsec. (d). Pub. L. 94–502, §304(3), struck out subsec. (d) which authorized educational assistance to an eligible person beyond the age limits applicable to him under subsec. (a) of this section by a period of time equivalent to the period of time between his eighteenth birthday or the date of his application, whichever was later, and the date of approval of his application, but in no event beyond his thirty-first birthday. Former subsec. (e) redesignated (d).

Subsec. (e). Pub. L. 94–502, §§304(3), 310(9), redesignated subsec. (f) as (e) and substituted "the spouse" for "her spouse". Former subsec. (e) redesignated (d).

Subsecs. (f), (g). Pub. L. 94–502, §§304(3), 310(9), redesignated subsec. (g) as (f) and substituted "such person" for "he". Former subsec. (f) redesignated (e).

1974—Subsec. (b). Pub. L. 93–337, §2(1), substituted "may be afforded educational assistance under this chapter beyond 10 years" for "may be afforded educational assistance under this chapter beyond eight years".

Subsec. (f). Pub. L. 93–337, §2(2), substituted "may be afforded educational assistance under this chapter beyond 10 years" for "may be afforded educational assistance under this chapter beyond eight years".

1972—Subsec. (a)(2). Pub. L. 92–540 substituted reference to section 1736 of this title for reference to section 1737 of this title.

1970—Subsec. (a)(3). Pub. L. 91–219, §208(1), substituted "last occurs" for "first occurs".

Subsec. (b). Pub. L. 91–584, §3(1), substituted "1701(a)(1)(B) or (D)" for "1701(a)(1)(B) or (C)".

Subsec. (e). Pub. L. 91–219, §208(2), added subsec. (e).

Subsecs. (f), (g). Pub. L. 91–584, §3(2), added subsecs. (f) and (g).

1968—Subsec. (a). Pub. L. 90–631, §2(e)(1), inserted "(within the meaning of section 1701(a)(1)(A))" after "to which an eligible person".

Subsec. (b). Pub. L. 90–631, §2(e)(2), substituted provisions that no person made eligible by section 1701(a) (1)(B) or (C) may be afforded educational assistance under this chapter beyond 8 years after whichever of the specified events last occurs for provisions that no eligible person may be afforded educational assistance under this chapter unless he was discharged or released after each period he was on duty with the armed forces under conditions other than dishonorable, or while he is on duty with the armed forces.

1967—Subsec. (a). Pub. L. 90–77 substituted "twenty-sixth" for "twenty-third" birthday in text preceding cl. (1) and in cls. (3) and (4).

1964—Subsec. (a)(3). Pub. L. 88–361, §3(a), inserted provisions relating to parents with a service-connected total disability permanent in nature.

Subsec. (d). Pub. L. 88–361, §3(b), added subsec. (d).

1962—Subsec. (a). Pub. L. 87–815, among other changes, struck out from cl. (3), provisions which it incorporated into cl. (4), added to such cl. (4) the exclusion from the computation of the five year period, of all periods during which the person served on active duty before Aug. 1, 1962, pursuant to a call as a Reserve after July 30, 1961, or an extension of duty pursuant to Pub. L. 87–117, and redesignated former cl. (4) as (5).

Subsec. (c). Pub. L. 87–819 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

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

Effective Date of 2006 Amendment

Amendment by section 301(b)(3) of Pub. L. 109–461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title.

Effective Date of 2003 Amendment

Pub. L. 108–183, title III, §303(b), Dec. 16, 2003, 117 Stat. 2659, provided that: "The amendment made by subsection (a) [amending this section] shall take effect as of September 11, 2001."

Amendment by section 306(f)(2) of Pub. L. 108–183 effective 90 days after Dec. 16, 2003, see section 306(h)(2) of Pub. L. 108–183, set out as a note under section 3485 of this title.

Effective Date of 2002 Amendment

Pub. L. 107–330, title III, §308(e)(2), Dec. 6, 2002, 116 Stat. 2828, provided that: "The amendments made by this subsection [amending this section] shall take effect November 1, 2000."

Effective Date of 2001 Amendments

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

Amendment by section 108(c)(2), (3) of Pub. L. 107–103 applicable with respect to any determination, whether administrative or judicial, of the eligibility of a spouse or surviving spouse for educational assistance under this chapter made on or after Dec. 27, 2001, whether pursuant to an original claim for such assistance or pursuant to a reapplication or attempt to reopen or readjudicate a claim for such assistance, see section 108(c)(4) of Pub. L. 107–103, set out as a note under section 3511 of this title.

Pub. L. 107–14, §7(f)(2), June 5, 2001, 115 Stat. 34, provided that: "The amendments made by paragraph (1) [amending this section] shall take effect as if enacted on November 1, 2000, immediately after the enactment of the Veterans Benefits and Health Care Improvement Act of 2000 [Public Law 106–419]."

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–66 effective Oct. 17, 1981, see section 701(b)(1) of Pub. L. 97–66, set out as a note under section 1114 of this title.

Effective Date of 1980 Amendment

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

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–202 effective retroactively to May 31, 1976, see section 501 of Pub. L. 95–202, set out as a note under section 101 of this title.

Effective Date of 1976 Amendment

Amendment by sections 304 and 310(7)–(9) of Pub. L. 94–502 effective Oct. 1, 1976, and Oct. 15, 1976, respectively, see section 703(a), (b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Effective Date of 1968 Amendment

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

Termination of Eligibility Period for a Wife, Widow, or Eligible Person

Pub. L. 92–540, title VI, §604, Oct. 24, 1972, 86 Stat. 1099, as amended by Pub. L. 93–337, §3, July 10, 1974, 88 Stat. 292, provided that a wife or widow who was eligible to pursue a program of education exclusively by correspondence under section 1786 [now 3686] of this title or entitled to the benefits of section 1733(a) [now 3533(a)] of this title, had 10 years from Oct. 24, 1972, to complete such program of education or receive such benefits and provided that an eligible person, as defined in section 1701(a)(1) [now 3501(a)(1)] of this title, who was entitled to pursue a program of apprenticeship or other on-job training under section 1787 [now 3687] of this title had 10 years from Oct. 24, 1972, to complete such program or training.

Commencement of Delimiting Period in Cases of Death or of Service-Connected Total Disability Permanent in Nature Occurring Before December 1, 1968

Pub. L. 90–631, §2(f), Oct. 23, 1968, 82 Stat. 1333, as amended Pub. L. 97–66, title VI, §605(b), Oct. 17, 1981, 95 Stat. 1036, provided that in the case of any person who was an eligible person by reason of section 1701(a)(1)(B) or (D) [now 3501(a)(1)(B) or (D)] of this title, if the date of death or the date of the determination of service-connected total disability permanent in nature of the person from whom eligibility was derived occurred before Dec. 1, 1968, the 10-year delimiting period referred to in subsec. (b)(1) of this section was to run from such date and provided that if the death of the person from whom such eligibility was derived occurred before Dec. 1, 1968, and the date on which the Administrator of Veterans' Affairs determined that such person died of a service-connected disability was later than Dec. 1, 1968, the delimiting period referred to in subsec. (b)(1) of this section was to run from the date on which the Administrator made such determination.

Termination of Eligibility Periods

Pub. L. 90–77, title III, §307(b), Aug. 31, 1967, 81 Stat. 189, provided that anyone made eligible for educational assistance under this chapter by Pub. L. 90–77, and who, on the effective date of Pub. L. 90–77, was below the age of twenty-six, was to remain eligible for said assistance until the expiration of the five year period beginning on the effective date of Pub. L. 90–77 as set out in the Effective Date of 1967 Amendment note under section 101 of this title, excluding from such period any time which elapsed between applying for the assistance and the determination of eligibility by the Administrator of Veterans' Affairs, and also provided that the period of eligibility was to terminate regardless of the five year period when the eligible person reached the age of thirty-one.

Pub. L. 89–349, §2, Nov. 8, 1965, 79 Stat. 1313, provided that anyone made eligible for educational assistance under section 1701 [now 3501] of this title by reason of the amendment of that section by Pub. L. 89–349, and who was between the ages of seventeen and twenty-three on Nov. 8, 1965, was to remain eligible for said assistance until the expiration of the five year period beginning on Nov. 8, 1965.

Pub. L. 88–361, §5, July 7, 1964, 78 Stat. 298, provided that anyone made eligible for educational assistance under section 1701 [now 3501] of this title by reason of the amendment of that section by Pub. L. 88–361, and who was between the ages of seventeen and twenty-three on July 7, 1964, was to remain eligible for said assistance until the expiration of the five year period beginning on July 7, 1964, excluding from such period any time which elapsed between applying for the assistance and the determination of eligibility by the Administrator of Veterans' Affairs, and also provided that the period of eligibility was to terminate regardless of the five year period when the eligible person reached the age of thirty-one.

Extension of Period for Completion of Education

Pub. L. 87–377, §2, Oct. 4, 1961, 75 Stat. 806, which contained a savings clause which granted five years of educational training to certain children in the Philippines, was repealed by Pub. L. 91–24, §14(d), June 11, 1969, 83 Stat. 35, effective June 11, 1969, except as to any indebtedness which may be due the Government as the result of any benefits granted thereunder.

Children of Spanish-American War Veterans

Pub. L. 86–236, §2, Sept. 8, 1959, 73 Stat. 471, as amended by Pub. L. 87–815, §2(b), Oct. 15, 1962, 76 Stat. 927, which contained a savings clause which granted five years of educational training to certain children of Spanish-American War veterans, was repealed by Pub. L. 91–24, §14(b), June 11, 1969, 83 Stat. 35, effective June 11, 1969, except as to any indebtedness which may be due the Government as the result of any benefits granted thereunder.
38 U.S.C. § 1535 (2024) — Title 38: VETERANS' BENEFITS / Chapter 15 / Subchapter III / Section 1535: Children of Indian War veterans
Children of Indian War veterans
Status: in_force

Whenever there is no surviving spouse entitled to pension under section 1534 of this title, the Secretary shall pay to the children of each Indian War veteran who met the service requirements of section 1511 of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137, §535; Pub. L. 94–169, title I, §106(31), Dec. 23, 1975, 89 Stat. 1018; renumbered §1535 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 535 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted "1534" for "534" and "1511" for "511".

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

1975—Pub. L. 94–169 substituted "surviving spouse" for "widow".

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. § 5110 (2024) — Title 38: VETERANS' BENEFITS / Chapter 51 / Subchapter II / Section 5110: Effective dates of awards
Effective dates of awards
Status: in_force

(a)(1) Unless specifically provided otherwise in this chapter, the effective date of an award based on an initial claim, or a supplemental claim, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.

(2) For purposes of determining the effective date of an award under this section, the date of application shall be considered the date of the filing of the initial application for a benefit if the claim is continuously pursued by filing any of the following, either alone or in succession:

(A) A request for higher-level review under section 5104B of this title on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.

(B) A supplemental claim under section 5108 of this title on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.

(C) A notice of disagreement on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.

(D) A supplemental claim under section 5108 of this title on or before the date that is one year after the date on which the Board of Veterans' Appeals issues a decision.

(E) A supplemental claim under section 5108 of this title on or before the date that is one year after the date on which the Court of Appeals for Veterans Claims issues a decision.

(3) Except as otherwise provided in this section, for supplemental claims received more than one year after the date on which the agency of original jurisdiction issued a decision or the Board of Veterans' Appeals issued a decision, the effective date shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of the supplemental claim.

(b)(1) The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran's discharge or release if application therefor is received within one year from such date of discharge or release.

(2)(A) The effective date of an award of disability compensation to a veteran who submits an application therefor that sets forth an original claim that is fully-developed (as determined by the Secretary) as of the date of submittal shall be fixed in accordance with the facts found, but shall not be earlier than the date that is one year before the date of receipt of the application.

(B) For purposes of this paragraph, an original claim is an initial claim filed by a veteran for disability compensation.

(C) This paragraph shall take effect on the date that is one year after the date of the enactment of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 and shall not apply with respect to claims filed after the date that is three years after the date of the enactment of such Act.

(3) The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.

(4)(A) The effective date of an award of disability pension to a veteran described in subparagraph (B) of this paragraph shall be the date of application or the date on which the veteran became permanently and totally disabled, if the veteran applies for a retroactive award within one year from such date, whichever is to the advantage of the veteran.

(B) A veteran referred to in subparagraph (A) of this paragraph is a veteran who is permanently and totally disabled and who is prevented by a disability from applying for disability pension for a period of at least 30 days beginning on the date on which the veteran became permanently and totally disabled.

(c) The effective date of an award of disability compensation by reason of section 1151 of this title shall be the date such injury or aggravation was suffered if an application therefor is received within one year from such date.

(d) The effective date of an award of death compensation, dependency and indemnity compensation, or death pension for which application is received within one year from the date of death shall be the first day of the month in which the death occurred.

(e)(1) Except as provided in paragraph (2) of this subsection, the effective date of an award of dependency and indemnity compensation to a child shall be the first day of the month in which the child's entitlement arose if application therefor is received within one year from such date.

(2) In the case of a child who is eighteen years of age or over and who immediately before becoming eighteen years of age was counted under section 1311(b) of this title in determining the amount of the dependency and indemnity compensation of a surviving spouse, the effective date of an award of dependency and indemnity compensation to such child shall be the date the child attains the age of eighteen years if application therefor is received within one year from such date.

(f) An award of additional compensation on account of dependents based on the establishment of a disability rating in the percentage evaluation specified by law for the purpose shall be payable from the effective date of such rating; but only if proof of dependents is received within one year from the date of notification of such rating action.

(g) Subject to the provisions of section 5101 of this title, where compensation, dependency and indemnity compensation, or pension is awarded or increased pursuant to any Act or administrative issue, the effective date of such award or increase shall be fixed in accordance with the facts found but shall not be earlier than the effective date of the Act or administrative issue. In no event shall such award or increase be retroactive for more than one year from the date of application therefor or the date of administrative determination of entitlement, whichever is earlier.

(h) Where an award of pension has been deferred or pension has been awarded at a rate based on anticipated income for a year and the claimant later establishes that income for that year was at a rate warranting entitlement or increased entitlement, the effective date of such entitlement or increase shall be fixed in accordance with the facts found if satisfactory evidence is received before the expiration of the next calendar year.

(i) Whenever any disallowed claim is readjudicated and thereafter allowed on the basis of new and relevant evidence resulting from the correction of the military records of the proper service department under section 1552 of title 10, or the change, correction, or modification of a discharge or dismissal under section 1553 of title 10, or from other corrective action by competent authority, the effective date of commencement of the benefits so awarded shall be the date on which an application was filed for correction of the military record or for the change, modification, or correction of a discharge or dismissal, as the case may be, or the date such disallowed claim was filed, whichever date is the later, but in no event shall such award of benefits be retroactive for more than one year from the date of readjudication of such disallowed claim. This subsection shall not apply to any application or claim for Government life insurance benefits.

(j) Where a report or a finding of death of any person in the active military, naval, air, or space service has been made by the Secretary concerned, the effective date of an award of death compensation, dependency and indemnity compensation, or death pension, as applicable, shall be the first day of the month fixed by that Secretary as the month of death in such report or finding, if application therefor is received within one year from the date such report or finding has been made; however, such benefits shall not be payable to any person for any period for which such person has received, or was entitled to receive, an allowance, allotment, or service pay of the deceased.

(k) The effective date of the award of benefits to a surviving spouse or of an award or increase of benefits based on recognition of a child, upon annulment of a marriage shall be the date the judicial decree of annulment becomes final if a claim therefor is filed within one year from the date the judicial decree of annulment becomes final; in all other cases the effective date shall be the date the claim is filed.

(l) The effective date of an award of benefits to a surviving spouse based upon a termination of a remarriage by death or divorce, or of an award or increase of benefits based on recognition of a child upon termination of the child's marriage by death or divorce, shall be the date of death or the date the judicial decree or divorce becomes final, if an application therefor is received within one year from such termination.

[(m) Repealed. Pub. L. 103–446, title XII, §1201(i)(8), Nov. 2, 1994, 108 Stat. 4688.]

(n) The effective date of the award of any benefit or any increase therein by reason of marriage or the birth or adoption of a child shall be the date of such event if proof of such event is received by the Secretary within one year from the date of the marriage, birth, or adoption.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1226, §3010; Pub. L. 87–674, §3, Sept. 19, 1962, 76 Stat. 558; Pub. L. 87–825, §1, Oct. 15, 1962, 76 Stat. 948; Pub. L. 91–376, §7, Aug. 12, 1970, 84 Stat. 790; Pub. L. 91–584, §13, Dec. 24, 1970, 84 Stat. 1578; Pub. L. 93–177, §6(a), Dec. 6, 1973, 87 Stat. 696; Pub. L. 93–527, §9(b), Dec. 21, 1974, 88 Stat. 1705; Pub. L. 94–71, title I, §104, Aug. 5, 1975, 89 Stat. 396; Pub. L. 97–66, title II, §204(b), Oct. 17, 1981, 95 Stat. 1029; Pub. L. 98–160, title VII, §703(1), Nov. 21, 1983, 97 Stat. 1010; Pub. L. 98–223, title II, §213(3), Mar. 2, 1984, 98 Stat. 46; Pub. L. 98–369, div. B, title V, §2501(a), July 18, 1984, 98 Stat. 1116; Pub. L. 99–576, title VII, §701(63), Oct. 28, 1986, 100 Stat. 3296; renumbered §5110 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)(2)(A)(vi), (b)(4)(B), 5(c)(1), Aug. 6, 1991, 105 Stat. 403, 405, 406; Pub. L. 103–446, title XII, §1201(i)(8), Nov. 2, 1994, 108 Stat. 4688; Pub. L. 108–454, title III, §305, Dec. 10, 2004, 118 Stat. 3611; Pub. L. 112–154, title V, §506, Aug. 6, 2012, 126 Stat. 1193; Pub. L. 115–55, §2(l), Aug. 23, 2017, 131 Stat. 1110; Pub. L. 116–283, div. A, title IX, §926(a)(52), Jan. 1, 2021, 134 Stat. 3830.)

Editorial Notes

References in Text

The date of the enactment of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012, referred to in subsec. (b)(2)(C), is the date of enactment of Pub. L. 112–154, which was approved Aug. 6, 2012.

Amendments

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

2017—Subsec. (a). Pub. L. 115–55, §2(l)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "Unless specifically provided otherwise in this chapter, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor."

Subsec. (i). Pub. L. 115–55, §2(l)(2), substituted "readjudicated" for "reopened", "relevant" for "material", and "readjudication" for "reopening".

2012—Subsec. (b)(2) to (4). Pub. L. 112–154 added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

2004—Subsec. (d). Pub. L. 108–454 struck out par. (1) designation after subsec. (d) designation, substituted "death compensation, dependency and indemnity compensation, or death pension" for "death compensation or dependency and indemnity compensation", and struck out par.(2) which read as follows: "The effective date of an award of death pension for which application is received within 45 days from the date of death shall be the first day of the month in which the death occurred."

1994—Subsec. (m). Pub. L. 103–446 struck out subsec. (m) which read as follows: "The effective date of an award of benefits to a surviving spouse based upon termination of actions described in section 103(d)(3) of this title shall not be earlier than the date of receipt of application therefor filed after termination of such actions and after December 31, 1970."

1991—Pub. L. 102–40, §402(b)(1), renumbered section 3010 of this title as this section.

Subsec. (c). Pub. L. 102–83, §5(c)(1), substituted "1151" for "351".

Subsec. (e)(2). Pub. L. 102–83, §5(c)(1), substituted "1311(b)" for "411(b)".

Subsec. (g). Pub. L. 102–40, §402(d)(1), substituted "5101" for "3001".

Subsec. (j). Pub. L. 102–83, §4(b)(4)(B), substituted "that Secretary" for "the Secretary" after "month fixed by".

Subsec. (n). Pub. L. 102–83, §4(a)(2)(A)(vi), substituted "Secretary" for "Veterans' Administration".

1986—Subsec. (b)(1). Pub. L. 99–576 substituted "the veteran's" for "his".

1984—Subsec. (b)(3)(A). Pub. L. 98–369, §2501(a)(1), designated existing provisions as subpar. (A), inserted "described in subparagraph (B) of this paragraph" after "to a veteran", substituted "the veteran applies for a retroactive award" for "an application therefor is received", and added subpar. (B).

Subsec. (d). Pub. L. 98–369, §2501(a)(2), designated existing provisions as par. (1), substituted "dependency and indemnity compensation for which application is received" for ", dependency and indemnity compensation, or death pension, where application is received", and added par. (2).

Subsec. (m). Pub. L. 98–223 substituted "section" for "subsection".

1983—Subsecs. (k) to (m). Pub. L. 98–160 substituted "surviving spouse" for "widow" wherever appearing.

1981—Subsec. (e). Pub. L. 97–66 designated existing provisions as par. (1), substituted "Except as provided in paragraph (2) of this subsection, the" for "The", and added par. (2).

1975—Subsec. (b)(2), (3). Pub. L. 94–71 added par. (2) and redesignated former par. (2) as (3).

1974—Subsec. (l). Pub. L. 93–527 inserted provisions relating to an award or increase of benefits based on recognition of a child upon termination of the child's marriage by death or divorce.

1973—Subsec. (b). Pub. L. 93–177 designated existing provisions as par. (1) and added par. (2).

1970—Subsecs. (l), (m). Pub. L. 91–376 added subsecs. (l) and (m).

Subsec. (n). Pub. L. 91–584 added subsec. (n).

1962—Subsec. (a). Pub. L. 87–825 inserted "based on an original claim, a claim reopened after final adjudication, or a claim for increase".

Subsec. (c). Pub. L. 87–825 added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 87–825 redesignated former subsec. (c) as (d) and substituted first day of month in which the death occurred, for the day after the day of death, as the effective date. Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 87–825 redesignated former subsec. (d) as (e), substituted "first day of the month" for "date", and struck out "the entitlement arose" after "from such date." Former subsec. (e) redesignated (j).

Subsec. (f). Pub. L. 87–825 added subsec. (f). A prior subsec. (f) added by Pub. L. 87–674 was redesignated (k) by Pub. L. 87–825.

Subsecs. (g) to (i). Pub. L. 87–825 added subsecs. (g) to (i).

Subsec. (j). Pub. L. 87–825 redesignated former subsec. (e) as (j), and substituted "first day of the month" for "day after the date", and "month of death" for "date of death".

Subsec. (k). Pub. L. 87–825 redesignated former subsec. (f), added by Pub. L. 87–674, as (k).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

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

Effective Date of 1984 Amendment

Pub. L. 98–369, div. B, title V, §2501(b), July 18, 1984, 98 Stat. 1117, provided that: "The amendments made by subsection (a)(1) [amending this section] and the provisions of paragraph (2) of section 3010(d) [now 5110(d)] of title 38, United States Code, as added by subsection (a)(2), shall take effect with respect to applications that are first received after September 30, 1984, for benefits under chapter 15 of title 38, United States Code."

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–66 effective Oct. 1, 1981, see section 701(a) of Pub. L. 97–66, set out as a note under section 1114 of this title.

Effective Date of 1975 Amendment

Amendment by Pub. L. 94–71 effective Aug. 1, 1975, see section 301 of Pub. L. 94–71, set out as a note under section 1114 of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–527 effective Jan. 1, 1975, see section 10 of Pub. L. 93–527, set out as a note under section 1521 of this title.

Effective Date of 1973 Amendment

Pub. L. 93–177, §6(b), Dec. 6, 1973, 87 Stat. 696, provided that: "Subsection (a) of this section [amending this section] shall apply to applications filed after its effective date [Jan. 1, 1974], but in no event shall an award made thereunder be effective prior to such effective date."

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–376 effective Jan. 1, 1971, see section 9 of Pub. L. 91–376, set out as a note under section 1114 of this title.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–825 effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87–825, set out as a note under section 110 of this title.
38 U.S.C. § 7317 (2024) — Title 38: VETERANS' BENEFITS / Chapter 73 / Subchapter II / Section 7317: Hazardous research projects: indemnification of contractors
Hazardous research projects: indemnification of contractors
Status: in_force

(a)(1) With the approval of the Secretary, any contract or research authorized by section 7303 of this title, the performance of which involves a risk of an unusually hazardous nature, may provide that the United States will indemnify the contractor as provided in paragraph (2), but only to the extent that the liability, loss, or damage concerned arises out of the direct performance of the contract and to the extent not covered by the financial protection required under subsection (e).

(2) Indemnity under paragraph (1) is indemnity against either or both of the following:

(A) Liability (including reasonable expenses of litigation or settlement) to third persons, except liability under State or Federal workers' injury compensation laws to employees of the contractor employed at the site of and in connection with the contract for which indemnification is granted, for death, bodily injury, or loss of or damage to property, from a risk that the contract defines as unusually hazardous.

(B) Loss of or damage to property of the contractor from a risk that the contract defines as unusually hazardous.

(b) A contract that provides for indemnification in accordance with subsection (a) must also provide for—

(1) notice to the United States of any claim or suit against the contractor for death, bodily injury, or loss of or damage to property; and

(2) control of or assistance in the defense by the United States, at its election, of any such suit or claim for which indemnification is provided hereunder.

(c) A payment may not be made under subsection (a) unless the Secretary certifies that the amount is just and reasonable.

(d) Upon approval by the Secretary, payments under subsection (a) may be made from—

(1) funds obligated for the performance of the contract concerned;

(2) funds available for research or development or both, and not otherwise obligated; or

(3) funds appropriated for those payments.

(e) Each contractor which is a party to an indemnification agreement under subsection (a) shall have and maintain financial protection of such type and in such amounts as the Secretary shall require to cover liability to third persons and loss of or damage to the contractor's property. The amount of financial protection required shall be the maximum amount of insurance available from private sources, except that the Secretary may establish a lesser amount, taking into consideration the cost and terms of private insurance. Such financial protection may include private insurance, private contractual indemnities, self-insurance, other proof of financial responsibility, or a combination of such measures.

(f) In administering the provisions of this section, the Secretary may use the facilities and services of private insurance organizations and may contract to pay a reasonable compensation therefor. Any contract made under the provisions of this section may be made without regard to the provisions of section 6101(b) to (d) of title 41, upon a showing by the Secretary that advertising is not reasonably practicable, and advance payments may be made under any such contract.

(g) The authority to indemnify contractors under this section does not create any rights in third persons which would not otherwise exist by law.

(h) Funds appropriated to carry out this section shall remain available until expended.

(i) In this section, the term "contractor" includes subcontractors of any tier under a contract containing an indemnification provision pursuant to subsection (a).

(Added Pub. L. 102–40, title IV, §401(a)(3), May 7, 1991, 105 Stat. 220; amended Pub. L. 111–350, §5(j)(4), Jan. 4, 2011, 124 Stat. 3850.)

Editorial Notes

Amendments

2011—Subsec. (f). Pub. L. 111–350 substituted "section 6101(b) to (d) of title 41" for "section 3709 of the Revised Statutes (41 U.S.C. 5)".
38 U.S.C. § 7456A (2024) — Title 38: VETERANS' BENEFITS / Chapter 74 / Subchapter IV / Section 7456A: Nurses: alternate work schedules
Nurses: alternate work schedules
Status: in_force

(a) Applicability.—This section applies to registered nurses appointed under this chapter.

(b) 72/80 Work Schedule.—(1)(A) Subject to paragraph (2), if the Secretary determines it to be necessary in order to obtain or retain the services of registered nurses at any Department health-care facility, the Secretary may provide, in the case of nurses employed at such facility, that such nurses who work six regularly scheduled 12-hour tours of duty within a 14-day period shall be considered for all purposes to have worked a full 80-hour pay period.

(B) A nurse who works under the authority in subparagraph (A) shall be considered a 0.90 full-time equivalent employee in computing full-time equivalent employees for the purposes of determining compliance with personnel ceilings.

(2)(A) Basic and additional pay for a nurse who is considered under paragraph (1) to have worked a full 80-hour pay period shall be subject to subparagraphs (B) and (C).

(B) The hourly rate of basic pay for a nurse covered by this paragraph for service performed as part of a regularly scheduled 36-hour tour of duty within the work week shall be derived by dividing the nurse's annual rate of basic pay by 1,872.

(C) The Secretary shall pay overtime pay to a nurse covered by this paragraph who—

(i) performs a period of service in excess of such nurse's regularly scheduled 36-hour tour of duty within an administrative work week;

(ii) for officially ordered or approved service, performs a period of service in excess of 8 hours on a day other than a day on which such nurse's regularly scheduled 12-hour tour of duty falls;

(iii) performs a period of service in excess of 12 hours for any day included in the regularly scheduled 36-hour tour of duty work week; or

(iv) performs a period of service in excess of 40 hours during an administrative work week.

(D) The Secretary may provide a nurse to whom this subsection applies with additional pay under section 7453 of this title for any period included in a regularly scheduled 12-hour tour of duty.

(3) A nurse who works a work schedule described in this subsection who is absent on approved sick leave or annual leave during a scheduled 12-hour tour of duty shall be charged for such leave at a rate of ten hours of leave for every nine hours of absence.

(c) Holiday Pay.—A nurse working a work schedule under subsection (b) that includes a holiday designated by law or Executive order shall be eligible for holiday pay under section 7453(d) of this title for any service performed by the nurse on such holiday under such section.

(d) 9-Month Work Schedule for Certain Nurses.—(1) The Secretary may authorize a registered nurse appointed under section 7405 of this title, with the nurse's written consent, to work full time for nine months with 3 months off duty, within a fiscal year, and be paid at 75 percent of the full-time rate for such nurse's grade for each pay period of such fiscal year.

(2) A nurse who works under the authority in paragraph (1) shall be considered a 0.75 full-time equivalent employee in computing full-time equivalent employees for the purposes of determining compliance with personnel ceilings.

(3) Work under this subsection shall be considered part-time service for purposes of computing benefits under chapters 83 and 84 of title 5.

(4) A nurse who works under the authority in paragraph (1) shall be considered a full-time employee for purposes of chapter 89 of title 5.

(e) Notification of Modification of Benefits.—The Secretary shall provide each employee with respect to whom an alternate work schedule under this section may apply written notice of the effect, if any, that the alternate work schedule will have on the employee's health care premium, retirement, life insurance premium, probationary status, or other benefit or condition of employment. The notice shall be provided not later than 14 days before the employee consents to the alternate work schedule.

(f) Regulations.—The Secretary shall prescribe regulations to carry out this section.

(Added Pub. L. 108–445, §4(a)(1), Dec. 3, 2004, 118 Stat. 2643; amended Pub. L. 111–163, title VI, §602(c), May 5, 2010, 124 Stat. 1173.)

Editorial Notes

Amendments

2010—Subsec. (b). Pub. L. 111–163, §602(c)(2)(A), substituted "72/80" for "36/40" in heading.

Subsec. (b)(1)(A). Pub. L. 111–163, §602(c)(1), substituted "six regularly scheduled 12-hour tours of duty within a 14-day period shall be considered for all purposes to have worked a full 80-hour pay period." for "three regularly scheduled 12-hour tours of duty within a work week shall be considered for all purposes to have worked a full 40-hour basic work week."

Subsec. (b)(2)(A). Pub. L. 111–163, §602(c)(2)(B), substituted "80-hour pay period" for "40-hour basic work week".

Subsec. (b)(3). Pub. L. 111–163, §602(c)(2)(C), struck out "regularly" before "scheduled 12-hour tour".
38 U.S.C. § 5313A (2024) — Title 38: VETERANS' BENEFITS / Chapter 53 / Section 5313A: Limitation on payment of clothing allowance to incarcerated veterans
Limitation on payment of clothing allowance to incarcerated veterans
Status: in_force

In the case of a veteran who is incarcerated in a Federal, State, local, or other penal institution or correctional facility for a period in excess of 60 days and who is furnished clothing without charge by the institution, the amount of any annual clothing allowance payable to the veteran under section 1162 of this title shall be reduced by an amount equal to 1/365 of the amount of the allowance otherwise payable under that section for each day on which the veteran was so incarcerated during the 12-month period preceding the date on which payment of the allowance would be due. This section shall be carried out under regulations prescribed by the Secretary.

(Added Pub. L. 104–275, title V, §502(a), Oct. 9, 1996, 110 Stat. 3341; amended Pub. L. 109–461, title X, §1002(g), Dec. 22, 2006, 120 Stat. 3465.)

Editorial Notes

Amendments

2006—Pub. L. 109–461 substituted "local, or other penal institution or correctional facility" for "or local penal institution".
38 U.S.C. § 3680A (2024) — Title 38: VETERANS' BENEFITS / Chapter 36 / Subchapter III / Section 3680A: Disapproval of enrollment in certain courses
Disapproval of enrollment in certain courses
Status: in_force

(a) The Secretary shall not approve the enrollment of an eligible veteran in any of the following:

(1) Any bartending course or personality development course.

(2) Any sales or sales management course which does not provide specialized training within a specific vocational field.

(3) Any type of course which the Secretary finds to be avocational or recreational in character (or the advertising for which the Secretary finds contains significant avocational or recreational themes) unless the veteran submits justification showing that the course will be of bona fide use in the pursuit of the veteran's present or contemplated business or occupation.

(4) Any independent study program except—

(A) an independent study program (including such a program taken over open circuit television) that—

(i) is accredited by an accrediting agency or association recognized by the Secretary of Education under subpart 2 of part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099b);

(ii) leads to—

(I) a standard college degree;

(II) a certificate that reflects educational attainment offered by an institution of higher learning; or

(III) a certificate that reflects graduation from a course of study offered by—

(aa) an area career and technical education school (as defined in subparagraphs (C) and (D) of section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(3))) that provides education at the postsecondary level; or

(bb) a postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c))) that provides education at the postsecondary level; and

(iii) in the case of a program described in clause (ii)(III)—

(I) provides training aligned with the requirements of employers in the State or local area where the program is located, which may include in-demand industry sectors or occupations;

(II) provides a student, upon graduation from the program, with a recognized postsecondary credential that is recognized by employers in the relevant industry, which may include a credential recognized by industry or sector partnerships in the State or local area where the industry is located; and

(III) meets such content and instructional standards as may be required to comply with the criteria under section 3676(c)(14) and (15) of this title; or

(B) an online high technology program of education (as defined in subsection (h)(2) of section 3699C of this title)—

(i) the provider of which has entered into a contract with the Secretary under subsection (c) of such section;

(ii) that has been provided to covered individuals (as defined in subsection (h)(1) of such section) under such contract for a period of at least five years;

(iii) regarding which the Secretary has determined that the average employment rate of covered individuals who graduated from such program of education is 65 percent or higher for the year preceding such determination; and

(iv) that satisfies the requirements of subsection (e) of such section.

(b) Except to the extent otherwise specifically provided in this title or chapter 106 of title 10, the Secretary shall not approve the enrollment of an eligible veteran in any course of flight training other than one given by an educational institution of higher learning for credit toward a standard college degree the eligible veteran is seeking.

(c) The Secretary shall not approve the enrollment of an eligible veteran in any course to be pursued by radio.

(d)(1) The Secretary shall not approve the enrollment of any eligible veteran, not already enrolled, in any course for any period during which the Secretary finds that more than 85 percent of the students enrolled in the course are having all or part of their tuition, fees, or other charges paid to or for them by the educational institution or by the Department of Veterans Affairs under this title or under chapter 1606 of title 10, except with respect to tuition, fees, or other charges that are paid under a payment plan at an educational institution that the Secretary determines has a history of offering payment plans that are completed not later than 180 days after the end of the applicable term, quarter, or semester.

(2) The Secretary may waive the requirements of paragraph (1), in whole or in part, if the Secretary determines, pursuant to regulations which the Secretary shall prescribe, it to be in the interest of the eligible veteran and the Federal Government.

(3)(A) The Secretary shall establish a process by which an educational institution may request a review of a determination that the educational institution does not meet the requirements of paragraph (1).

(B) An educational institution that requests a review under subparagraph (A)—

(i) shall request the review not later than 30 days after the start of the term, quarter, or semester for which the determination described in subparagraph (A) applies; and

(ii) may include any information that the educational institution believes the Department should have taken into account when making the determination, including with respect to any mitigating circumstances.

(C) The Under Secretary of Benefits shall issue an initial decision for each review requested under subparagraph (A) by not later than 30 days after the date of the request, to the extent feasible.

(D) An educational institution may request the Secretary to review the decision by the Under Secretary under subparagraph (C). The Secretary shall review each decision so requested and, pursuant to such review, shall issue a final decision sustaining, modifying, or overturning the decision by the Under Secretary.

(E) The Secretary shall carry out this paragraph without regard to any review process carried out by the Secretary under chapter 51 of this title.

(4) Paragraph (1) shall not apply to any course offered by an educational institution if—

(A) the majority of courses offered by the educational institution are approved under section 3672 or 3675 of this title; and

(B) the total number of veterans and persons receiving assistance under this title or under chapter 1606 of title 10 who are enrolled in such institution equals 35 percent or less of the total student enrollment at such institution (computed separately for the main campus and any branch or extension of such institution).

(5)(A) Paragraph (1) shall not apply to any course offered by an educational institution if—

(i) the majority of courses offered by the educational institution are approved under section 3676 of this title; and

(ii) the total number of veterans and persons receiving assistance under this title or under chapter 1606 of title 10 who are enrolled in such institution equals 35 percent or less of the total student enrollment at such institution (computed separately for the main campus and any branch or extension of such institution).

(B) Notwithstanding subparagraph (A), on a case by case basis, the Secretary may apply paragraph (1) with respect to any course otherwise covered by such subparagraph if the Secretary has reason to believe that the enrollment of veterans and persons described in clause (ii) of such subparagraph may be in excess of 85 percent of the total student enrollment in such course.

(6) The Secretary shall ensure that an educational institution that meets the requirements of paragraph (4) or (5) submits information to the Secretary on a biennial basis to verify meeting such requirements. During such biennial period in which an educational institution is covered by such verification, the Secretary may not require the educational institution to submit information with respect to meeting the requirements of paragraph (1).

(7) Paragraph (1) shall not apply with respect to the enrollment of a veteran—

(A) in a program of education for which fewer than 10 students are having all or part of their tuition, fees, or other charges paid to or for them by the educational institution or by the Department of Veterans Affairs under this title or under chapter 1606 of title 10;

(B) in a course offered pursuant to section 3019, 3034(a)(3), 3234, or 3241(a)(2) of this title;

(C) in a farm cooperative training course; or

(D) in a course described in subsection (g).

(8) Paragraph (1) shall not apply to the enrollment of a veteran in an online high technology program described in subsection (a)(4)(B).

(e)(1) 1 The Secretary may not approve the enrollment of an eligible veteran in a course not leading to a standard college degree offered by a proprietary profit or proprietary nonprofit educational institution if—

(A) the educational institution has been operating for less than two years;

(B) except as provided in paragraph (2), the course is offered at a branch of the educational institution and the branch has been operating for less than two years; or

(C) following either a change in ownership or a complete move outside its original general locality, the educational institution does not retain substantially the same faculty, student body, and courses as before the change in ownership or the move outside the general locality (as determined in accordance with regulations the Secretary shall prescribe) unless the educational institution following such change or move has been in operation for at least two years.

(2)(A) Subject to this paragraph, a commercial driver education program is exempt from paragraph (1)(B) for a branch of an educational institution if—

(i) the commercial driver education program offered at the branch by the educational institution is approved for purposes of this chapter by a State approving agency (or the Secretary when acting in the role of a State approving agency); and

(ii)(I) such branch is located in a State in which such educational institution offers such commercial driver education program at another branch of such educational institution; or

(II) such branch—

(aa) has been operating for at least one year; and

(bb) offers such commercial driver education program, using the same curriculum as another branch of such educational institution.

(B)(i) In order for a commercial driver education program of an educational institution offered at a branch described in paragraph (1)(B) to be exempt under subparagraph (A) of this paragraph, the educational institution shall submit to the Secretary each year that paragraph (1)(B) would otherwise apply a report that demonstrates that the curriculum at the new branch is the same as the curriculum at the primary location.

(ii) Reporting under clause (i) shall be submitted in accordance with such requirements as the Secretary shall establish in consultation with the State approving agencies.

(C)(i) The Secretary may withhold an exemption under subparagraph (A) for any educational institution or branch of an educational institution as the Secretary considers appropriate.

(ii) In making any determination under clause (i), the Secretary may consult with the Secretary of Transportation on the performance of a provider of a commercial driver program, including the status of the provider within the Training Provider Registry of the Federal Motor Carrier Safety Administration when appropriate.

(D) The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a notification not later than 30 days after the Secretary grants an exemption under subparagraph (A). Such notification shall identify the educational institution, and the branch thereof, granted such exemption.

(f)(1) Except as provided in paragraph (2), the Secretary may not approve the enrollment of an eligible veteran in a course as a part of a program of education offered by an educational institution if the course is provided under contract by another educational institution or entity and—

(A) the Secretary would be barred under subsection (e) from approving the enrollment of an eligible veteran in the course of the educational institution or entity providing the course under contract; or

(B) the educational institution or entity providing the course under contract has not obtained approval for the course under this chapter.

(2)(A) In the case of a covered study-abroad course, the Secretary may approve the course for a period of not more than five years, if the contract or other written agreement under which the course is offered provides that—

(i) the educational institution that offers a course that is approved under this chapter agrees—

(I) to assume responsibility for the quality and content of the covered study-abroad course; and

(II) to serve as the certifying official for the course for purposes of this chapter; and

(ii) the educational institution that offers the covered study-abroad course agrees to seek the approval of the course under this chapter by not later than five years after the date of the agreement.

(B) In this paragraph, the term "covered study-abroad course" means a course that—

(i) is provided as a part of a program of education offered by an educational institution under a contract or other written agreement by another educational institution that offers a course that is approved under this chapter;

(ii) is provided at a location in a foreign country; and

(iii) has not been approved under this chapter.

(g) Notwithstanding subsections (e) and (f)(1), the Secretary may approve the enrollment of an eligible veteran in a course approved under this chapter if the course is offered by an educational institution under contract with the Department of Defense or the Department of Homeland Security and is given on or immediately adjacent to a military base, Coast Guard station, National Guard facility, or facility of the Selected Reserve.

(h) In this section, the terms "State or local area", "recognized postsecondary credential", "industry or sector partnership", and "in-demand industry sector or occupation" have the meaning given such terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

(Added Pub. L. 102–568, title III, §313(a)(2), Oct. 29, 1992, 106 Stat. 4331; amended Pub. L. 104–275, title I, §§103(a)(2), (b), 104(c), Oct. 9, 1996, 110 Stat. 3326, 3327; Pub. L. 105–114, title IV, §401(d), (e), Nov. 21, 1997, 111 Stat. 2293; Pub. L. 105–368, title X, §1005(b)(9), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 107–103, title I, §111(a), Dec. 27, 2001, 115 Stat. 986; Pub. L. 107–296, title XVII, §1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 115–48, title III, §302, Aug. 16, 2017, 131 Stat. 990; Pub. L. 117–174, §2(a), Aug. 26, 2022, 136 Stat. 2104; Pub. L. 117–333, §9(a), Jan. 5, 2023, 136 Stat. 6130; Pub. L. 118–95, §2(a), Oct. 1, 2024, 138 Stat. 1567; Pub. L. 118–210, title II, §§206(b)(2)(D), 209(a), 212(c), Jan. 2, 2025, 138 Stat. 2764, 2765, 2773.)

Applicability of Amendment

Amendment of subsection (e) of this section by section 2(a) of Pub. L. 118–95 applicable 365 days after the date on which the Secretary of Veterans Affairs establishes the requirements under section 2(b)(1) of Pub. L. 118–95. See 2024 Amendment notes below.

Editorial Notes

References in Text

The Higher Education Act of 1965, referred to in subsec. (a)(4)(A)(i), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Subpart 2 of part H of title IV of the Act is classified generally to subpart 2 (§1099b) of part H of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see section 1 of Pub. L. 89–329, set out as a Short Title note under section 1001 of Title 20 and Tables.

Amendments

2025—Subsec. (a)(4). Pub. L. 118–210, §212(c)(1), added par. (4) and struck out former par. (4) which related to independent study programs.

Subsec. (a)(4)(C)(iii). Pub. L. 118–210, §206(b)(2)(D), substituted "section 3676(c)(15) and (16)" for "section 3676(c)(14) and (15)".

Subsec. (d)(8). Pub. L. 118–210, §212(c)(2), added par. (8).

Subsec. (e)(2)(A). Pub. L. 118–210, §209(a)(1)(A), (B), amended subsec. (e)(2)(A) as added by Pub. L. 118–95, §2(a)(4), by substituting "institution if—" for "the commercial driver education program offered at the branch by the educational institution—" in introductory provisions, adding cls. (i) and (ii), and striking out former cls. (i) and (ii) which read as follows:

"(i) is appropriately licensed; and

"(ii) uses the same curriculum as a commercial driver education program offered by the educational institution at another location that is approved for purposes of this chapter by a State approving agency or the Secretary when acting in the role of a State approving agency."

Subsec. (e)(2)(D). Pub. L. 118–210, §209(a)(2), amended subsec. (e)(2) as added by Pub. L. 118–95, §2(a)(4), by adding subpar. (D).

2024—Subsec. (e). Pub. L. 118–95, §2(a)(1), (2), designated existing provisions as par. (1) and redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively.

Subsec. (e)(1)(B). Pub. L. 118–95, §2(a)(3), inserted "except as provided in paragraph (2)," before "the course".Subsec. (e)(2). Pub. L. 118–95, §2(a)(4), as amended by Pub. L. 118–210, §209(a), added par. (2). For changes made to text of par. (2) by Pub. L. 118–210, see 2025 Amendment notes above.

2023—Subsec. (f). Pub. L. 117–333 designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), the Secretary" for "The Secretary", redesignated former pars. (1) and (2) as subpars. (A) and (B) of par. (1), and added par. (2).

2022—Subsec. (d). Pub. L. 117–174 amended subsec. (d) generally. Prior to amendment, subsec. (d) related to disapproval of enrollment in a course for any period during which the Secretary finds that more than 85 percent of the students enrolled in the course are having all or part of their tuition, fees, or other charges paid to or for them by the educational institution or by the Department of Veterans Affairs under this title or under chapter 106 of title 10, subject to waivers and exceptions.

2017—Subsec. (a). Pub. L. 115–48, §302(1)(A), substituted "in any of the following:" for "in—" in introductory provisions.

Subsec. (a)(1), (2). Pub. L. 115–48, §302(1)(B), (C), substituted "Any" for "any" and substituted period for semicolon at end.

Subsec. (a)(3). Pub. L. 115–48, §302(1)(D), substituted "Any" for "any" and substituted period at end for "; or".

Subsec. (a)(4). Pub. L. 115–48, §302(1)(E), added par. (4) and struck out former par. (4), which read as follows: "any independent study program except an accredited independent study program (including open circuit television) leading (A) to a standard college degree, or (B) to a certificate that reflects educational attainment offered by an institution of higher learning."

Subsec. (h). Pub. L. 115–48, §302(2), added subsec. (h).

2002—Subsec. (g). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".

2001—Subsec. (a)(4). Pub. L. 107–103 inserted "(A)" after "leading" and ", or (B) to a certificate that reflects educational attainment offered by an institution of higher learning" before period at end.

1998—Subsec. (d)(2)(C). Pub. L. 105–368 struck out "section" before "subsection (g)".

1997—Subsec. (a)(4). Pub. L. 105–114, §401(d), inserted "(including open circuit television)" before "leading to a standard".

Subsec. (g). Pub. L. 105–114, §401(e), substituted "subsections (e) and (f)(1)" for "subsections (e) and (f)".

1996—Subsec. (c). Pub. L. 104–275, §104(c), substituted "radio." for "radio or by open circuit television, except that the Secretary may approve the enrollment of an eligible veteran in a course, to be pursued in residence, leading to a standard college degree which includes, as an integral part thereof, subjects offered through open circuit television."

Subsec. (d)(2)(C). Pub. L. 104–275, §103(a)(2), substituted "subsection (g)" for "3689(b)(6) of this title".

Subsecs. (e) to (g). Pub. L. 104–275, §103(b), added subsecs. (e) to (g).

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Pub. L. 118–210, title II, §209(c), Jan. 2, 2025, 138 Stat. 2766, provided that: "The amendments made by this section [amending this section] shall take effect as if included in such Act [Pub. L. 118–95] on the date of the enactment of such Act [Oct. 1, 2024]."

Effective Date of 2024 Amendment

Pub. L. 118–95, §2(b)(2), Oct. 1, 2024, 138 Stat. 1568, as amended by Pub. L. 118–210, title II, §209(b)(1), Jan. 2, 2025, 138 Stat. 2766, provided that: "The amendments made by subsection (a) [amending this section] shall apply to commercial driver education programs on and after the date that is 365 days after the date on which the Secretary establishes the requirements under paragraph (1) of this subsection [set out as a note below]."

Effective Date of 2022 Amendment

Pub. L. 117–174, §2(b), Aug. 26, 2022, 136 Stat. 2106, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after the date of the enactment of this Act [Aug. 26, 2022]."

Effective Date of 2002 Amendment

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

Effective Date of 2001 Amendment

Pub. L. 107–103, title I, §111(b), Dec. 27, 2001, 115 Stat. 987, provided that: "The amendments made by subsection (a) [amending this section] shall apply to enrollments in independent study courses beginning on or after the date of the enactment of this Act [Dec. 27, 2001]."

Regulations

Pub. L. 118–95, §2(b)(3), as added by Pub. L. 118–210, title II, §209(b)(2), Jan. 2, 2025, 138 Stat. 2766, provided that: "In prescribing any regulation to carry out the amendments made by subsection (a) [amending this section], the Secretary of Veterans Affairs shall consult with State approving agencies designated under section 3671 of such title [title 38, United States Code]."

Savings Provision

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

Transfer of Functions

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

Implementation: Establishment of Requirements

Pub. L. 118–95, §2(b)(1), Oct. 1, 2024, 138 Stat. 1568, provided that: "Not later than 180 days after the date of the enactment of this Act [Oct. 1, 2024], the Secretary of Veterans Affairs shall establish requirements under section 3680A(e)(2)(B)(ii) of such title [title 38, United States Code], as added by subsection (a)."

Treatment of Certain Courses

Pub. L. 117–333, §9(b), Jan. 5, 2023, 136 Stat. 6131, provided that: "In the case of any covered study-abroad course, under the meaning given such term in subparagraph (B) of paragraph (2) of subsection (f) of section 3680A of title 38, United States Code, as added by subsection (a), that is being offered under a contract or other written agreement as of the date of the enactment of this Act [Jan. 5, 2023], the Secretary of Veterans Affairs may approve such course under such paragraph (2) for the five-year period beginning on the date of the enactment of this Act, if such contract or other written agreement meets the criteria provided in subparagraph (A) of such paragraph."

1 See Applicability of Amendment note below.
38 U.S.C. § 527 (2024) — Title 38: VETERANS' BENEFITS / Chapter 5 / Subchapter II / Section 527: Evaluation and data collection
Evaluation and data collection
Status: in_force

(a) The Secretary, pursuant to general standards which the Secretary shall prescribe in regulations, shall measure and evaluate on a continuing basis the effect of all programs authorized under this title, in order to determine their effectiveness in achieving stated goals in general, and in achieving such goals in relation to their cost, their effect on related programs, and their structure and mechanisms for delivery of services. Such information as the Secretary may consider necessary for purposes of such evaluations shall be made available to the Secretary, upon request, by all departments, agencies, and instrumentalities of the executive branch.

(b) In carrying out this section, the Secretary shall collect, collate, and analyze on a continuing basis full statistical data regarding participation (including the duration thereof), provision of services, categories of beneficiaries, planning and construction of facilities, acquisition of real property, proposed excessing of land, accretion and attrition of personnel, and categorized expenditures attributable thereto, under all programs carried out under this title.

(c) The Secretary shall make available to the public, and on a regular basis provide to the appropriate committees of the Congress, copies of all completed evaluative research studies and summaries of evaluations of program impact and effectiveness carried out, and tabulations and analyses of all data collected, under this section.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 391.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 219 of this title prior to repeal by Pub. L. 102–83, §2(a).

Statutory Notes and Related Subsidiaries

Analysis and Report on Treatment of Veterans for Medical Conditions Related to Toxic Exposure

Pub. L. 117–168, title V, §502, Aug. 10, 2022, 136 Stat. 1786, provided that:

"(a) In General.—The Secretary of Veterans Affairs shall analyze, on a continuous basis, all clinical data that—

"(1) is obtained by the Department of Veterans Affairs in connection with hospital care, medical services, and nursing home care furnished under section 1710(a)(2)(F) of title 38, United States Code; and

"(2) is likely to be scientifically useful in determining the association, if any, between the medical condition of a veteran and a toxic exposure.

"(b) Annual Report.—Not later than one year after the date of the enactment of this Act [Aug. 10, 2022], and annually thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing the following:

"(1) The aggregate data compiled under subsection (a).

"(2) An analysis of such data.

"(3) A description of the types and incidences of medical conditions identified by the Department under such subsection.

"(4) The explanation of the Secretary for the incidence of such medical conditions and other explanations for the incidence of such conditions as the Secretary considers reasonable.

"(5) The views of the Secretary on the scientific validity of drawing conclusions from the incidence of such medical conditions, as evidenced by the data compiled under subsection (a), regarding any association between such conditions and toxic exposures.

"(c) Toxic Exposure Defined.—In this section, the term 'toxic exposure' has the meaning given such term in section 101 of title 38, United States Code, as amended by section 102(b)."

Department of Veterans Affairs Public Website for Toxic Exposure Research

Pub. L. 117–168, title V, §509, Aug. 10, 2022, 136 Stat. 1791, provided that:

"(a) Website.—Not later than one year after the date of the enactment of this Act [Aug. 10, 2022], the Secretary of Veterans Affairs shall establish, and maintain thereafter, a publicly accessible internet website of the Department of Veterans Affairs that serves as a clearinghouse for the publication of all toxic exposure research carried out or funded by the executive branch of the Federal Government.

"(b) Coordination.—In carrying out subsection (a), the Secretary shall coordinate with—

"(1) the heads of each Federal agency carrying out or funding toxic exposure research;

"(2) the War Related Illness and Injury Study Center of the Department of Veterans Affairs, or successor center; and

"(3) any working group of the Department of Veterans Affairs or other similar entity responsible for coordinating toxic exposure research.

"(c) Definitions.—In this section:

"(1) Toxic exposure.—The term 'toxic exposure' has the meaning given that term in section 101 of title 38, United States Code, as added by section 102(b).

"(2) Toxic exposure research.—The term 'toxic exposure research' means research on the health consequences of toxic exposures experienced during service in the Armed Forces."

Burn Pit Transparency

Pub. L. 117–168, title VIII, §808, Aug. 10, 2022, 136 Stat. 1806, provided that:

"(a) Annual Report on Disability Claims.—

"(1) In general.—Not later than 180 days after the date of the enactment of this Act, [Aug. 10, 2022] and annually thereafter, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a report detailing the following:

"(A) The total number of covered veterans.

"(B) The total number of claimed issues for disability compensation under chapter 11 of title 38, United States Code, approved and the total number denied by the Secretary of Veterans Affairs with respect to a covered veteran, and a breakdown of the reasons for the denials.

"(C) A comprehensive list of the top 10 conditions from each body system for which the Secretary awarded service connection for covered veterans.

"(D) Any updates or trends with respect to the information described in subparagraphs (A), (B), and (C), that the Secretary determines appropriate.

"(2) Covered veteran defined.—In this subsection, the term 'covered veteran' means a veteran who deployed to the Southwest Asia theater of operations any time after August 1990, or Afghanistan, Syria, Djibouti, or Uzbekistan after September 19, 2001, and who submits a claim for disability compensation under chapter 11 of title 38, United States Code.

"(b) Information Regarding the Airborne Hazards and Open Burn Pit Registry.—

"(1) Notice.—The Secretary of Veterans Affairs shall ensure that a medical professional of the Department of Veterans Affairs informs a veteran of the Airborne Hazards and Open Burn Pit Registry if the veteran presents at a medical facility of the Department for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits.

"(2) Display.—In making information public regarding the number of participants in the Airborne Hazards and Open Burn Pit Registry, the Secretary shall display such numbers by both State and by congressional district.

"(c) Definitions.—In this section:

"(1) Airborne hazards and open burn pit registry.—The term 'Airborne Hazards and Open Burn Pit Registry' means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).

"(2) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

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

"(B) The Committee on Veterans' Affairs and the Committee on Armed Services of the House of Representatives.

"(3) Open burn pit.—The term 'open burn pit' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note)."

Requirement for Collection and Analysis of Data on Department of Veterans Affairs Benefits and Services and Disaggregation of Such Data by Gender, Race, and Ethnicity

Pub. L. 116–315, title V, §5401, Jan. 5, 2021, 134 Stat. 5045, provided that: "The Secretary of Veterans Affairs shall—

"(1) collect and analyze data on each program of the Department of Veterans Affairs that provides a service or benefit to a veteran, including the program carried out under section 1144 of title 10, United States Code;

"(2) disaggregate such data by gender, race, and ethnicity, when the data lends itself to such disaggregation; and

"(3) publish the data collected and analyzed under paragraph (1), except for such cases in which the Secretary determines that some portions of the data would undermine the anonymity of a veteran."

Addition of Burn Pit Registration and Other Information to Electronic Health Records of Members of the Armed Forces

Pub. L. 116–283, div. A, title VII, §720, Jan. 1, 2021, 134 Stat. 3697, provided that:

"(a) Updates to Electronic Health Records.—Beginning not later than one year after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall ensure that—

"(1) the electronic health record maintained by the Secretary for a member of the Armed Forces registered with the Airborne Hazards and Open Burn Pit Registry is updated with any information contained in such registry with respect to the member; and

"(2) any occupational or environmental health exposure recorded in the Defense Occupational and Environmental Health Readiness System (or any successor system) is linked to the electronic health record system of the Department of Defense to notify health professionals treating a member specified in paragraph (1) of any such exposure recorded for the member.

"(b) Airborne Hazards and Open Burn Pit Registry Defined.—In this section, the term 'Airborne Hazards and Open Burn Pit Registry' means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note)."

Health Assessments of Veterans Diagnosed With Pandemic Diseases To Determine Exposure to Open Burn Pits and Toxic Airborne Chemicals

Pub. L. 116–283, div. A, title VII, §735, Jan. 1, 2021, 134 Stat. 3703, provided that:

"(a) Exposure to Open Burn Pits and Toxic Airborne Chemicals or Other Airborne Contaminants as Part of Health Assessments for Veterans During a Pandemic and Inclusion of Information in Registry.—

"(1) Health assessments and physical examinations.—The Secretary of Veterans Affairs shall ensure that the first health assessment or physical examination furnished to a veteran under the laws administered by the Secretary after the veteran tests positive for a pathogen, such as a virus, with respect to which a public health emergency has been declared under section 319 of the Public Health Service Act (42 U.S.C. 247d) includes an evaluation of whether the veteran has been—

"(A) based or stationed at a location where an open burn pit was used; or

"(B) exposed to toxic airborne chemicals or other airborne contaminants relating to service in the Armed Forces, including an evaluation of any information recorded as part of the Airborne Hazards and Open Burn Pit Registry.

"(2) Inclusion of individuals in registry.—If an evaluation conducted under paragraph (1) with respect to a veteran establishes that the veteran was based or stationed at a location where an open burn pit was used, or that the individual was exposed to toxic airborne chemicals or other airborne contaminants, the individual shall be enrolled in the Airborne Hazards and Open Burn Pit Registry unless the veteran elects to not enroll in such registry.

"(3) Rule of construction.—Nothing in this subsection may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the history of exposure of the veteran to an open burn pit not being recorded in an evaluation conducted under paragraph (1).

"(b) Study on Impact of Viral Pandemics on Members of Armed Forces and Veterans Who Have Experienced Toxic Exposure.—

"(1) In general.—The Secretary of Veterans Affairs shall conduct a study, through the Airborne Hazards and Burn Pits Center of Excellence (in this subsection referred to as the 'Center'), on the health impacts of infection with a pathogen, such as a virus, with respect to which a public health emergency has been declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), including a coronavirus, to members of the Armed Forces and veterans who have been exposed to open burn pits and other toxic exposures for the purposes of understanding the health impacts of the pathogen and whether individuals infected with the pathogen are at increased risk of severe symptoms due to previous conditions linked to toxic exposure.

"(2) Preparation for future pandemic.—The Secretary, through the Center, shall analyze potential lessons learned through the study conducted under paragraph (1) to assist in preparing the Department of Veterans Affairs for potential future pandemics.

"(c) Definitions.—In this subsection [probably should be "section"]:

"(1) The term 'Airborne Hazards and Open Burn Pit Registry' means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).

"(2) The term 'coronavirus' has the meaning given that term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123 [134 Stat. 155]).

"(3) The term 'open burn pit' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 126 Stat. 2422; 38 U.S.C. 527 note)."

Access of Veterans to Individual Longitudinal Exposure Record

Pub. L. 116–283, div. H, title XCI, §9105, Jan. 1, 2021, 134 Stat. 4783, provided that: "The Secretary of Veterans Affairs shall provide to a veteran read-only access to the documents of the veteran contained in the Individual Longitudinal Exposure Record in a printable format through a portal accessible through an internet website of the Department of Veterans Affairs."

Access to Information in Burn Pit Registry

Pub. L. 116–92, div. A, title VII, §705(c), Dec. 20, 2019, 133 Stat. 1440, provided that:

"(1) In general.—The Secretary of Defense shall ensure that all medical personnel of the Department of Defense have access to the information contained in the burn pit registry.

"(2) Burn pit registry defined.—In this subsection, the term 'burn pit registry' means the registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note)."

Education Campaign for Airborne Hazards and Open Burn Pit Registry

Pub. L. 115–232, div. A, title X, §1050, Aug. 13, 2018, 132 Stat. 1962, provided that:

"(a) Education Campaign.—Beginning not later than one year after the date of the enactment of this Act [Aug. 13, 2018], the Secretary of Defense shall carry out an annual education campaign to inform individuals who may be eligible to enroll in the Airborne Hazards and Open Burn Pit Registry of such eligibility. Each such campaign shall include at least one electronic method and one physical mailing method to provide such information.

"(b) Airborne Hazards and Open Burn Pit Registry Defined.—In this section, the term 'Airborne Hazards and Open Burn Pit Registry' means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note) [set out below]."

Coordination by Veterans Health Administration of Efforts To Understand Effects of Burn Pits

Pub. L. 115–91, div. A, title VII, §738, Dec. 12, 2017, 131 Stat. 1446, provided that: "The Under Secretary for Health of the Department of Veterans Affairs, acting through the Office of Public Health of the Veterans Health Administration, shall coordinate efforts related to furthering understanding of burn pits, the effect of burn pits on veterans, and effective treatments relating to such effects, including with respect to research efforts and training of clinical staff on related matters."

Submittal of Information to Secretary of Veterans Affairs Relating to Exposure to Airborne Hazards and Open Burn Pits

Pub. L. 114–92, div. A, title VII, §728, Nov. 25, 2015, 129 Stat. 873, provided that:

"(a) In General.—Not later than 180 days after the date of the enactment of this Act [Nov. 25, 2015], and periodically thereafter, the Secretary of Defense shall submit to the Secretary of Veterans Affairs such information in the possession of the Secretary of Defense as the Secretary of Veterans Affairs considers necessary to supplement and support—

"(1) the development of information to be included in the Airborne Hazards and Open Burn Pit Registry established by the Department of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note); and

"(2) research and development activities conducted by the Department of Veterans Affairs to explore the potential health risks of exposure by members of the Armed Forces to environmental factors in Iraq and Afghanistan, in particular the connection of such exposure to respiratory illnesses such as chronic cough, chronic obstructive pulmonary disease, constrictive bronchiolitis, and pulmonary fibrosis.

"(b) Inclusion of Certain Information.—The Secretary of Defense shall include in the information submitted to the Secretary of Veterans Affairs under subsection (a) information on any research and surveillance efforts conducted by the Department of Defense to evaluate the incidence and prevalence of respiratory illnesses among members of the Armed Forces who were exposed to open burn pits while deployed overseas."

Establishment of Open Burn Pit Registry

Pub. L. 112–260, title II, §201, Jan. 10, 2013, 126 Stat. 2422, as amended by Pub. L. 116–315, title II, §2010(g), Jan. 5, 2021, 134 Stat. 4979; Pub. L. 117–81, div. F, title LXVI, §6602, Dec. 27, 2021, 135 Stat. 2438, provided that:

"(a) Establishment of Registry.—

"(1) In general.—Not later than one year after the date of the enactment of this Act [Jan. 10, 2013], the Secretary of Veterans Affairs shall—

"(A) establish and maintain an open burn pit registry for eligible individuals who may have been exposed to toxic airborne chemicals and fumes caused by open burn pits;

"(B) include any information in such registry that the Secretary of Veterans Affairs determines necessary to ascertain and monitor the health effects of the exposure of members of the Armed Forces to toxic airborne chemicals and fumes caused by open burn pits;

"(C) develop a public information campaign to inform eligible individuals about the open burn pit registry, including how to register and the benefits of registering; and

"(D) periodically notify eligible individuals of significant developments in the study and treatment of conditions associated with exposure to toxic airborne chemicals and fumes caused by open burn pits.

"(2) Coordination.—The Secretary of Veterans Affairs shall coordinate with the Secretary of Defense in carrying out paragraph (1).

"(b) Report to Congress.—

"(1) Reports by independent scientific organization.—The Secretary of Veterans Affairs shall enter into an agreement with an independent scientific organization to prepare reports as follows:

"(A) Not later than two years after the date on which the registry under subsection (a) is established, an initial report containing the following:

"(i) An assessment of the effectiveness of actions taken by the Secretaries to collect and maintain information on the health effects of exposure to toxic airborne chemicals and fumes caused by open burn pits.

"(ii) Recommendations to improve the collection and maintenance of such information.

"(iii) Using established and previously published epidemiological studies, recommendations regarding the most effective and prudent means of addressing the medical needs of eligible individuals with respect to conditions that are likely to result from exposure to open burn pits.

"(B) Not later than five years after completing the initial report described in subparagraph (A), a follow-up report containing the following:

"(i) An update to the initial report described in subparagraph (A).

"(ii) An assessment of whether and to what degree the content of the registry established under subsection (a) is current and scientifically up-to-date.

"(2) Submittal to congress.—

"(A) Initial report.—Not later than two years after the date on which the registry under subsection (a) is established, the Secretary of Veterans Affairs shall submit to Congress the initial report prepared under paragraph (1)(A).

"(B) Follow-up report.—Not later than five years after submitting the report under subparagraph (A), the Secretary of Veterans Affairs shall submit to Congress the follow-up report prepared under paragraph (1)(B).

"(c) Definitions.—In this section:

"(1) Eligible individual.—The term 'eligible individual' means any individual who, on or after September 11, 2001—

"(A) was deployed in support of a contingency operation while serving in the Armed Forces; and

"(B) during such deployment, was based or stationed at a location where an open burn pit was used.

"(2) Open burn pit.—The term 'open burn pit' means an area of land located in Afghanistan, Iraq,, [sic] Uzbekistan, Egypt, or Syria that—

"(A) is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and

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

Persian Gulf War Veterans' Health Status

Pub. L. 102–585, title VII, Nov. 4, 1992, 106 Stat. 4975, as amended by Pub. L. 103–446, title I, §108, Nov. 2, 1994, 108 Stat. 4653; Pub. L. 105–368, title I, §§104, 106, Nov. 11, 1998, 112 Stat. 3323, 3325; Pub. L. 111–163, title V, §502, May 5, 2010, 124 Stat. 1157, provided that:

"SEC. 701. SHORT TITLE.

"This title may be cited as the 'Persian Gulf War Veterans' Health Status Act'.

"SEC. 702. PERSIAN GULF WAR VETERANS HEALTH REGISTRY.

"(a) Establishment of Registry.—The Secretary of Veterans Affairs shall establish and maintain a special record to be known as the 'Persian Gulf War Veterans Health Registry' (in this section referred to as the 'Registry').

"(b) Contents of Registry.—Except as provided in subsection (c), the Registry shall include the following information:

"(1) A list containing the name of each individual who served as a member of the Armed Forces in the Persian Gulf theater of operations during the Persian Gulf War and who—

"(A) applies for care or services from the Department of Veterans Affairs under chapter 17 of title 38, United States Code;

"(B) files a claim for compensation under chapter 11 of such title on the basis of any disability which may be associated with such service;

"(C) dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation under chapter 13 of such title on the basis of such service;

"(D) requests from the Department a health examination under section 703; or

"(E) receives from the Department of Defense a health examination similar to the health examination referred to in subparagraph (D) and requests inclusion in the Registry.

"(2) Relevant medical data relating to the health status of, and other information that the Secretary considers relevant and appropriate with respect to, each individual described in paragraph (1) who—

"(A) grants to the Secretary permission to include such information in the Registry; or

"(B) at the time the individual is listed in the Registry, is deceased.

"(c) Individuals Submitting Claims or Making Requests Before Date of Enactment.—If in the case of an individual described in subsection (b)(1) the application, claim, or request referred to in such subsection was submitted, filed, or made, before the date of the enactment of this Act [Nov. 4, 1992], the Secretary shall, to the extent feasible, include in the Registry such individual's name and the data and information, if any, described in subsection (b)(2) relating to the individual.

"(d) Department of Defense Information.—The Secretary of Defense shall furnish to the Secretary of Veterans Affairs such information maintained by the Department of Defense as the Secretary of Veterans Affairs considers necessary to establish and maintain the Registry.

"(e) Relation to Department of Defense Registry.—The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall ensure that information is collected and maintained in the Registry in a manner that permits effective and efficient cross-reference between the Registry and the registry established under section 734 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1411; 10 U.S.C. 1074 note), as amended by section 704.

"(f) Ongoing Outreach to Individuals Listed in Registry.—The Secretary of Veterans Affairs shall, from time to time, notify individuals listed in the Registry of significant developments in research on the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.

"SEC. 703. HEALTH EXAMINATIONS AND COUNSELING FOR VETERANS ELIGIBLE FOR INCLUSION IN CERTAIN HEALTH-RELATED REGISTRIES.

"(a) In General.—(1) The Secretary of Veterans Affairs—

"(A) shall, upon the request of a veteran described in subsection (b)(1), provide the veteran with a health examination (including any appropriate diagnostic tests) and consultation and counseling with respect to the results of the examination and the tests; and

"(B) may, upon the request of a veteran described in subsection (b)(2), provide the veteran with such an examination (including diagnostic tests) and such consultation and counseling.

"(2) The Secretary shall carry out appropriate outreach activities with respect to the provision of any health examinations (including any diagnostic tests) and consultation and counseling services under paragraph (1).

"(b) Covered Veterans.—(1) In accordance with subsection (a)(1)(A), the Secretary shall provide an examination (including diagnostic tests), consultation, and counseling under that subsection to any veteran who is eligible for listing or inclusion in the Persian Gulf War Veterans Health Registry established by section 702.

"(2) In accordance with subsection (a)(1)(B), the Secretary may provide an examination (including diagnostic tests), consultation, and counseling under that subsection to any veteran who is eligible for listing or inclusion in any other similar health-related registry administered by the Secretary.

"SEC. 704. EXPANSION OF COVERAGE OF PERSIAN GULF REGISTRY.

"[Amended section 734 of Pub. L. 102–190, set out as a note under section 1074 of Title 10, Armed Forces.]

"SEC. 705. STUDY BY OFFICE OF TECHNOLOGY ASSESSMENT OF PERSIAN GULF REGISTRY AND PERSIAN GULF WAR VETERANS HEALTH REGISTRY.

"(a) Study.—The Director of the Office of Technology Assessment shall, in a manner consistent with the Technology Assessment Act of 1972 (2 U.S.C. 472(d) [2 U.S.C. 471 et seq.]), assess—

"(1) the potential utility of each of the Persian Gulf Registry and the Persian Gulf War Veterans Health Registry for scientific study and assessment of the intermediate and long-term health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War;

"(2) the extent to which each registry meets the requirements of the provisions of law under which the registry is established;

"(3) the extent to which data contained in each registry—

"(A) are maintained in a manner that ensures permanent preservation and facilitates the effective, efficient retrieval of information that is potentially relevant to the scientific study of the intermediate and long-term health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War; and

"(B) would be useful for scientific study regarding such health consequences;

"(4) the adequacy of any plans to update each of the registries;

"(5) the extent to which the Department of Defense or the Department of Veterans Affairs, as the case may be, is assembling and maintaining information on the Persian Gulf theater of operations (including information on troop locations and atmospheric and weather conditions) in a manner that facilitates the usefulness of, maintenance of, and retrieval of information from, the applicable registry; and

"(6) the adequacy and compatibility of protocols for the health examinations and counseling provided under section 703 and health examinations provided by the Department of Defense to members of the Armed Forces for the purpose of assessing the health status of members of the Armed Forces who served in the Persian Gulf theater of operations during the Persian Gulf War.

"(b) Access to Information.—The Secretary of Veterans Affairs and the Secretary of Defense shall provide the Director with access to such records and information under the jurisdiction of each such secretary as the Director determines necessary to permit the Director to carry out the study required under this section.

"(c) Reports.—The Director shall—

"(1) not later than 270 days after the date of the enactment of this Act [Nov. 4, 1992], submit to Congress a report on the results of the assessment carried out under this section of the Persian Gulf Registry and health-examination protocols; and

"(2) not later than 15 months after such date, submit to Congress a report on the results of the assessment carried out under this section of the Persian Gulf War Veterans Health Registry.

"(d) Definitions.—For the purposes of this section:

"(1) The term 'Persian Gulf Registry' means the registry established under section 734 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1411; 10 U.S.C. 1074 note), as amended by section 704.

"(2) The term 'Persian Gulf War Veterans Health Registry' means the Persian Gulf War Veterans Health Registry established under section 702.

"SEC. 706. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES FOR REVIEW OF HEALTH CONSEQUENCES OF SERVICE DURING THE PERSIAN GULF WAR.

"(a) Agreement.—(1) The Secretary of Veterans Affairs and Secretary of Defense jointly shall seek to enter into an agreement with the National Academy of Sciences for the Medical Follow-Up Agency (MFUA) of the Institute of Medicine of the Academy to review existing scientific, medical, and other information on the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.

"(2) The agreement shall require MFUA to provide members of veterans organizations and members of the scientific community (including the Director of the Office of Technology Assessment) with the opportunity to comment on the method or methods MFUA proposes to use in conducting the review.

"(3) The agreement shall permit MFUA, in conducting the review, to examine and evaluate medical records of individuals who are included in the registries referred to in section 705(d) for purposes that MFUA considers appropriate, including the purpose of identifying illnesses of those individuals.

"(4) The Secretary of Veterans Affairs and the Secretary of Defense shall seek to enter into the agreement under this section not later than 180 days after the date of the enactment of this Act [Nov. 4, 1992].

"(b) Report.—(1) The agreement under this section shall require the National Academy of Sciences to submit to the committees and secretaries referred to in paragraph (2) a report on the results of the review carried out under the agreement. Such report shall contain the following:

"(A) An assessment of the effectiveness of actions taken by the Secretary of Veterans Affairs and the Secretary of Defense to collect and maintain information that is potentially useful for assessing the health consequences of the military service referred to in subsection (a).

"(B) Recommendations on means of improving the collection and maintenance of such information.

"(C) Recommendations on whether there is sound scientific basis for an epidemiological study or studies on the health consequences of such service, and if the recommendation is that there is sound scientific basis for such a study or studies, the nature of the study or studies.

"(2) The committees and secretaries referred to in paragraph (1) are the following:

"(A) The Committees on Veterans' Affairs of the Senate and House of Representatives.

"(B) The Committees on Armed Services of the Senate and House of Representatives.

"(C) The Secretary of Veterans Affairs.

"(D) The Secretary of Defense.

"(c) Funding.—(1) The Secretary of Veterans Affairs and the Secretary of Defense shall make available up to a total of $500,000 in fiscal year 1993, from funds available to the Department of Veterans Affairs and the Department of Defense in that fiscal year, to carry out the review. Any amounts provided by the two departments shall be provided in equal amounts.

"(2) If the Secretary of Veterans Affairs and the Secretary of Defense enter into an agreement under subsection (a) with the National Academy of Sciences—

"(A) the Secretary of Veterans Affairs shall make available $250,000 in each of fiscal years 1994 through 2003, from amounts available to the Department of Veterans Affairs in each such fiscal year, to the National Academy of Sciences for the general purposes of conducting epidemiological research with respect to military and veterans populations; and

"(B) the Secretary of Defense shall make available $250,000 in each of fiscal years 1994 through 2003, from amounts available to the Department of Defense in each such fiscal year, to the National Academy of Sciences for the purposes of carrying out the research referred to in subparagraph (A).

"(d) Research Review and Development of Medical Education Curriculum.—(1) In order to further understand the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War and of new research findings with implications for improving the provision of care for veterans of such service, the Secretary of Veterans Affairs and the Secretary of Defense shall seek to enter into an agreement with the National Academy of Sciences under which the Institute of Medicine of the Academy would—

"(A) develop a curriculum pertaining to the care and treatment of veterans of such service who have ill-defined or undiagnosed illnesses for use in the continuing medical education of both general and specialty physicians who provide care for such veterans; and

"(B) on an ongoing basis, periodically review and provide recommendations regarding the research plans and research strategies of the Departments relating to the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.

"(2) Recommendations to be provided under paragraph (1)(B) include any recommendations that the Academy considers appropriate for additional scientific studies (including studies related to treatment models) to resolve areas of continuing scientific uncertainty relating to the health consequences of any aspects of such military service. In making recommendations for additional studies, the Academy shall consider the available scientific data, the value and relevance of the information that could result from such studies, and the cost and feasibility of carrying out such studies.

"(3) Not later than 9 months after the Institute of Medicine provides the Secretaries the curriculum developed under paragraph (1)(A), the Secretaries shall provide for the conduct of continuing education programs using that curriculum. Those programs shall include instruction which seeks to emphasize use of appropriate protocols of diagnosis, referral, and treatment of such veterans.

"SEC. 707. COORDINATION OF HEALTH-RELATED GOVERNMENT ACTIVITIES ON THE PERSIAN GULF WAR.

"(a) Designation of Coordinating Organization.—The President shall designate, and may redesignate from time to time, the head of an appropriate department or agency of the Federal Government to coordinate all activities undertaken or funded by the Executive Branch of the Federal Government on the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.

"(b) Public Advisory Committee.—Not later than January 1, 1999, the head of the department or agency designated under subsection (a) shall establish an advisory committee consisting of members of the general public, including Persian Gulf War veterans and representatives of such veterans, to provide advice to the head of that department or agency on proposed research studies, research plans, or research strategies relating to the health consequences of military service in the Southwest Asia theater of operations during the Persian Gulf War. The department or agency head shall consult with such advisory committee on a regular basis.

"(c) Reports.—(1) Not later than July 1, 2010, and July 1 of each of the five following years, the head of the department or agency designated under subsection (a) shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on—

"(A) the status and results of all such research activities undertaken by the executive branch during the previous year; and

"(B) research priorities identified during that year.

"(2)(A) Not later than 120 days after submission of the epidemiological research study conducted by the Department of Veterans Affairs entitled 'VA National Survey of Persian Gulf Veterans—Phase III', the head of the department or agency designated under subsection (a) shall submit to the congressional committees specified in paragraph (1) a report on the findings under that study and any other pertinent medical literature.

"(B) With respect to any findings of that study and any other pertinent medical literature which identify scientific evidence of a greater relative risk of illness or illnesses in family members of veterans who served in the Persian Gulf War theater of operations than in family members of veterans who did not so serve, the head of the department or agency designated under subsection (a) shall seek to ensure that appropriate research studies are designed to follow up on such findings.

"(d) Public Availability of Research Findings.—The head of the department or agency designated under subsection (a) shall ensure that the findings of all research conducted by or for the executive branch relating to the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War (including information pertinent to improving provision of care for veterans of such service) are made available to the public through peer-reviewed medical journals, the World Wide Web, and other appropriate media.

"(e) Outreach.—The head of the department or agency designated under subsection (a) shall ensure that the appropriate departments consult and coordinate in carrying out an ongoing program to provide information to those who served in the Southwest Asia theater of operations during the Persian Gulf War relating to: (1) the health risks, if any, resulting from any risk factors associated with such service; and (2) any services or benefits available with respect to such health risks.

"SEC. 708. DEFINITION.

"For the purposes of this title, the term 'Persian Gulf War' has the meaning given such term in section 101(33) of title 38, United States Code."

Services for Homeless Veterans

Pub. L. 102–405, title I, §107, Oct. 9, 1992, 106 Stat. 1976, as amended by Pub. L. 103–446, title X, §1002, Nov. 2, 1994, 108 Stat. 4679, required Secretary of Veterans' Affairs and directors of each medical center or benefits office to assess needs of homeless veterans and programs which have been developed to assist homeless veterans, and to replicate programs which have successfully rehabilitated homeless veterans, prior to repeal by Pub. L. 105–114, title II, §202(c)(2), Nov. 21, 1997, 111 Stat. 2287.
38 U.S.C. § 2400 (2024) — Title 38: VETERANS' BENEFITS / Chapter 24 / Section 2400: Establishment of National Cemetery Administration; composition of Administration
Establishment of National Cemetery Administration; composition of Administration
Status: in_force

(a) There shall be within the Department a National Cemetery Administration responsible for the interment of deceased servicemembers and veterans. The National Cemetery Administration shall be headed by the Under Secretary for Memorial Affairs, who shall perform such functions as may be assigned by the Secretary.

(b) The national cemeteries and other facilities under the control of the National Cemetery Administration shall consist of—

(1) national cemeteries transferred from the Department of the Army to the Veterans' Administration by the National Cemeteries Act of 1973;

(2) cemeteries under the jurisdiction of the Veterans' Administration on the date of enactment of this chapter; and

(3) any other cemetery, memorial, or monument transferred to the Veterans' Administration by the National Cemeteries Act of 1973, or later acquired or developed by the Secretary.

(Added Pub. L. 93–43, §2(a), June 18, 1973, 87 Stat. 75, §1000; amended Pub. L. 99–576, title VII, §701(52), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 100–527, §13(i), Oct. 25, 1988, 102 Stat. 2644; Pub. L. 101–237, title III, §313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered §2400 and amended Pub. L. 102–83, §§4(a)(3), (4), 5(a), Aug. 6, 1991, 105 Stat. 404, 406; Pub. L. 105–368, title IV, §403(c)(3), Nov. 11, 1998, 112 Stat. 3338.)

Editorial Notes

References in Text

The National Cemeteries Act of 1973, referred to in subsec. (b)(1), (3), is Pub. L. 93–43, June 18, 1973, 87 Stat. 75, which is classified principally to this chapter (§2400 et seq.). For complete classification of this Act to the Code, see section 1 of Pub. L. 93–43 set out as a Short Title of 1973 Amendment note under section 101 of this title and Tables.

For national cemeteries transferred from the Department of the Army to the Veterans' Administration by the National Cemeteries Act of 1973, and any other cemetery, memorial, or monument transferred to the Veterans' Administration by the National Cemeteries Act of 1973, referred to in subsec. (b)(1), (3), see Transfer of Functions note set out under section 2404 of this title.

The date of enactment of this chapter, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 93–43, which was approved June 18, 1973.

Amendments

1998—Pub. L. 105–368, §403(c)(3)(C), substituted "Administration; composition of Administration" for "System; composition of such system; appointment of director" in section catchline.

Subsec. (a). Pub. L. 105–368, §403(c)(3)(A), in first sentence, substituted "Administration responsible" for "System" and, in second sentence, substituted "The National Cemetery Administration shall be headed by the Under Secretary for Memorial Affairs" for "Such system shall be headed by the Director of the National Cemetery System".

Subsec. (b). Pub. L. 105–368, §403(c)(3)(B), substituted "national cemeteries and other facilities under the control of the National Cemetery Administration" for "National Cemetery System" in introductory provisions.

1991—Pub. L. 102–83, §5(a), renumbered section 1000 of this title as this section.

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

1989—Subsec. (b)(3). Pub. L. 101–237 substituted "Secretary" for "Administrator".

1988—Subsec. (a). Pub. L. 100–527 substituted "Such system shall be headed by the Director of the National Cemetery System, who shall perform such functions as may be assigned by the Secretary" for "The Administrator may appoint a Director, National Cemetery System, who shall perform such functions as may be assigned by the Administrator".

1986—Subsec. (a). Pub. L. 99–576 substituted "servicemembers" for "servicemen" and "The Administrator" for "To assist him in carrying out his responsibilities in administering the cemeteries within the System, the Administrator".

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 105–368, title IV, §403(a)(1), Nov. 11, 1998, 112 Stat. 3337, provided that: "The National Cemetery System of the Department of Veterans Affairs shall hereafter be known and designated as the National Cemetery Administration. The position of Director of the National Cemetery System is hereby redesignated as Under Secretary of Veterans Affairs for Memorial Affairs."

Pub. L. 105–368, title IV, §403(d), Nov. 11, 1998, 112 Stat. 3339, provided that:

"(1) Any reference in a law, map, regulation, document, paper, or other record of the United States to the National Cemetery System shall be deemed to be a reference to the National Cemetery Administration.

"(2) Any reference in a law, map, regulation, document, paper, or other record of the United States to the Director of the National Cemetery System shall be deemed to be a reference to the Under Secretary of Veterans Affairs for Memorial Affairs."

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100–527, set out as a Department of Veterans Affairs Act note under section 301 of this title.

Effective Date

Pub. L. 93–43, §10(a), June 18, 1973, 87 Stat. 88, provided that: "The first section [set out as a Short Title of 1973 Amendment note under section 101 of this title] and sections 2 [enacting this chapter and amending section 5316 of Title 5, Government Organization and Employees], 3 [set out as a note under section 2404 of this title], 4 [enacting section 218 and repealing section 625 of this title], and 8 [amending section 3505 [now 6105] of this title] of this Act shall take effect on the date of enactment of this Act [June 18, 1973]."

Short Title

For short title of Pub. L. 93–43, June 18, 1973, 87 Stat. 75, which enacted this chapter, as the "National Cemeteries Act of 1973", see section 1 of Pub. L. 93–43 set out as a Short Title of 1973 Amendment note under section 101 of this title.

Transfer of Mare Island Naval Cemetery to Secretary of Veterans Affairs for Maintenance by National Cemetery Administration

Pub. L. 116–283, div. H, title XCI, §9107, Jan. 1, 2021, 134 Stat. 4784, provided that:

"(a) Agreement.—Beginning on the date that is 180 days after the date on which the Secretary submits the report required by subsection (c)(1), the Secretary of Veterans Affairs shall seek to enter into an agreement with the city of Vallejo, California, under which the city of Vallejo shall transfer to the Secretary all right, title, and interest in the Mare Island Naval Cemetery in Vallejo, California, at no cost to the Secretary. The Secretary shall seek to enter into such agreement before the date that is one year after the date on which such report is submitted.

"(b) Maintenance by National Cemetery Administration.—If the Mare Island Naval Cemetery is transferred to the Secretary of Veterans Affairs pursuant to subsection (a), the National Cemetery Administration shall maintain the cemetery in the same manner as other cemeteries under the jurisdiction of the National Cemetery Administration.

"(c) Report.—

"(1) In general.—Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the feasibility and advisability of exercising the authority to enter into an agreement under subsection (a).

"(2) Contents.—The report submitted under paragraph (1) shall include the following:

"(A) An assessment of the feasibility and advisability of entering into such an agreement.

"(B) An estimate of the costs, including both direct and indirect costs, that the Department of Veterans Affairs would incur by entering into such an agreement.

"(d) Sense of Congress.—It is the sense of Congress that—

"(1) it is only potentially advisable and feasible to transfer the Mare Island Naval Cemetery from the city of Vallejo, California, to the Department of Veterans Affairs because the cemetery was previously under the control of the Department of Defense; and

"(2) the City of Vallejo should provide in-kind non-monetary contributions for the improvement and maintenance of Mare Island Naval Cemetery, including labor and equipment, to the extent practicable, to the Department of Veterans Affairs, following any transfer of the cemetery to the Department."

Grants for Cemetery Research and the Production of Educational Materials

Pub. L. 116–107, §1, Jan. 17, 2020, 133 Stat. 3292, provided that:

"(a) Grants Authorized.—

"(1) In general.—The Secretary of Veterans Affairs may establish a grant program to conduct cemetery research and produce educational materials for the Veterans Legacy Program.

"(2) Eligible recipients.—The Secretary may award a grant under this section to any of the following entities:

"(A) An institution of higher learning.

"(B) A local education agency.

"(C) A non-profit entity that the Secretary determines has a demonstrated history of community engagement.

"(D) Another recipient the Secretary determines to be appropriate.

"(3) Use of funds.—A recipient of a grant under this section may use the grant amount to—

"(A) conduct research related to national, State, or Tribal veterans' cemeteries;

"(B) produce education materials that teach about the history of veterans interred in national, State, or Tribal veterans' cemeteries; and

"(C) promote community engagement with the histories of veterans interred in national, State, or Tribal veterans' cemeteries.

"(4) Maximum amount.—A grant awarded under this section may not exceed $500,000.

"(b) Regulations.—If the Secretary establishes a grant program under this section, the Secretary shall prescribe regulations regarding—

"(1) the evaluation of applications for grants under the program; and

"(2) administration of the program.

"(c) Report Required.—Not later than 2 years after the Secretary establishes a grant program under this section, the Secretary shall submit to the committees on Veterans' Affairs of the House of Representatives and the Senate a report regarding the determination of the Secretary whether the grant program is a financially effective means to promote the purposes in subsection (a)(3).

"(d) Definitions.—In this section:

"(1) The term 'Veterans Legacy Program' means the program of the National Cemetery Administration that is responsible for providing engagement and educational tools and opportunities to the public regarding the service and sacrifice of veterans interred in national, State, or Tribal veterans' cemeteries.

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

"(3) The term 'local educational agency' has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)."

Reports on Selection of New National Cemeteries

Pub. L. 111–275, title V, §503, Oct. 13, 2010, 124 Stat. 2883, provided that:

"(a) Initial Report.—

"(1) Report required.—Not later than one year after the date of the enactment of this Act [Oct. 13, 2010], the Secretary of Veterans Affairs shall submit to Congress a report on the selection of the sites described in paragraph (2) for the purpose of establishing new national cemeteries.

"(2) Sites.—The sites described in this paragraph are the following:

"(A) An area in southern Colorado.

"(B) An area near Melbourne, Florida, and Daytona, Florida.

"(C) An area near Omaha, Nebraska.

"(D) An area near Buffalo, New York, and Rochester, New York.

"(E) An area near Tallahassee, Florida.

"(3) Site selection.—In carrying out this section, the Secretary shall solicit advice and views of representatives of State and local veterans organizations and other individuals as the Secretary considers appropriate.

"(4) Matters included.—The report under paragraph (1) shall include the following:

"(A) A schedule for the establishment of each cemetery at each site described in paragraph (2) and an estimate of the costs associated with the establishment of each such cemetery.

"(B) As of the date of the submittal of the report, the amount of funds that are available to establish each cemetery at each site described in paragraph (2) from amounts appropriated to the Department of Veterans Affairs for Advance Planning.

"(b) Annual Reports.—Not later than two years after the date of the enactment of this Act, and each year thereafter until the date on which each cemetery at each site described in subsection (a)(2) is established, the Secretary shall submit to Congress an annual report that includes updates to the information provided in the report under subsection (a)."

National Cemetery Expansion

Pub. L. 108–109, Nov. 11, 2003, 117 Stat. 1322, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'National Cemetery Expansion Act of 2003'.

"SEC. 2. ESTABLISHMENT OF NEW NATIONAL CEMETERIES.

"(a) Establishment.—Not later than 4 years after the date of the enactment of this Act [Nov. 11, 2003], the Secretary of Veterans Affairs, in accordance with chapter 24 of title 38, United States Code, shall establish six new national cemeteries. The new cemeteries shall be located in the following locations (those locations having been determined by the Secretary of Veterans Affairs to be the most appropriate locations for new national cemeteries):

"(1) Southeastern Pennsylvania.

"(2) The Birmingham, Alabama, area.

"(3) The Jacksonville, Florida, area.

"(4) The Bakersfield, California, area.

"(5) The Greenville/Columbia, South Carolina, area.

"(6) The Sarasota County, Florida, area.

"(b) Funds.—Amounts appropriated for the Department of Veterans Affairs for any fiscal year after fiscal year 2003 for Advance Planning shall be available for the purposes of subsection (a).

"(c) Site Selection Process.—In determining the specific sites for the new cemeteries required by subsection (a) within the locations specified in that subsection, the Secretary shall solicit the advice and views of representatives of State and local veterans organizations and other individuals as the Secretary considers appropriate.

"(d) Initial Report.—Not later than 120 days after the date of the enactment of this Act [Nov. 11, 2003], the Secretary shall submit to Congress a report on the establishment of the national cemeteries required by subsection (a). The report shall—

"(1) set forth a schedule for the establishment of each such cemetery and an estimate of the costs associated with the establishment of each such cemetery; and

"(2) identify the amount of Advance Planning Funds obligated for purposes of this section as of the submission of the report.

"(e) Annual Reports.—The Secretary shall submit to Congress an annual report on the implementation of this section until the establishment of all six cemeteries is completed and each such cemetery has opened. The Secretary shall include in each such annual report an update of the information provided under paragraphs (1) and (2) of subsection (d).

"(f) Definition of Southeastern Pennsylvania.—In this section, the term 'southeastern Pennsylvania' means the city of Philadelphia and Berks County, Bucks County, Chester County, Delaware County, Philadelphia County, and Montgomery County in the State of Pennsylvania."

Establishment of Additional National Cemeteries

Pub. L. 106–117, title VI, §611, Nov. 30, 1999, 113 Stat. 1580, provided that:

"(a) Establishment.—The Secretary [of Veterans Affairs] shall establish, in accordance with chapter 24 of title 38, United States Code, a national cemetery in each of the six areas in the United States that the Secretary determines to be most in need of such a cemetery to serve the needs of veterans and their families.

"(b) Obligation of Funds in Fiscal Year 2000.—The Secretary shall obligate, from the advance planning fund in the Construction, Major Projects account appropriated to the Department [of Veterans Affairs] for fiscal year 2000, such amounts for costs that the Secretary estimates are required for the planning and commencement of the establishment of national cemeteries under this section.

"(c) Reports.—(1) Not later than 120 days after the date of the enactment of this Act [Nov. 30, 1999], the Secretary shall submit to Congress a report on the establishment of the national cemeteries under subsection (a). The report shall set forth the following:

"(A) The six areas of the United States determined by the Secretary to be most in need of the establishment of a new national cemetery.

"(B) A schedule for such establishment.

"(C) An estimate of the costs associated with such establishment.

"(D) The amount obligated from the advance planning fund under subsection (b).

"(2) Not later than one year after the date on which the report described in paragraph (1) is submitted, and annually thereafter until the establishment of the national cemeteries under subsection (a) is complete, the Secretary shall submit to Congress a report that updates the information included in the report described in paragraph (1)."

Reimbursement of Account

Pub. L. 105–276, title I, Oct. 21, 1998, 112 Stat. 2466, provided in part: "That during fiscal year 1999, or in subsequent fiscal years, the 'Construction, major projects' account shall be reimbursed, in the amount transferred, from other funds as they become part of the Pershing Hall Revolving Fund."

Transfer of Pershing Hall to Department of Veterans Affairs

Pub. L. 102–86, title IV, §403, Aug. 14, 1991, 105 Stat. 422, as amended by Pub. L. 103–79, §4, Aug. 13, 1993, 107 Stat. 772; Pub. L. 103–446, title XII, §1202(c), Nov. 2, 1994, 108 Stat. 4689; Pub. L. 107–217, §3(o), Aug. 21, 2002, 116 Stat. 1303; Pub. L. 107–330, title III, §308(i), Dec. 6, 2002, 116 Stat. 2829, provided that:

"(a) In General.—Pershing Hall, an existing memorial in Paris, France, owned by the United States, together with the personal property of such memorial, is hereby placed under the jurisdiction, custody, and control of the Department of Veterans Affairs so that the memorial to the commander-in-chief, officers, men, and auxiliary services of the American Expeditionary Forces in France during World War I may be continued in an appropriate manner and financial support be provided therefor.

"(b) Administration.—(1)(A) The Secretary of Veterans Affairs shall administer, operate, develop, and improve Pershing Hall and its site in such manner as the Secretary determines is in the best interests of the United States, which may include use of Pershing Hall to meet the needs of veterans. To meet such needs, the Secretary may establish and operate a regional or other office to disseminate information, respond to inquiries, and otherwise assist veterans and their families in obtaining veterans' benefits.

"(B) To carry out the purposes of this section, the Secretary may enter into agreements authorized by subsection (c) to fund the operation of the memorial and projects authorized by subsection (d)(6).

"(2)(A) The Secretary shall, after consultation with the American Battle Monuments Commission, provide for a portion of Pershing Hall to be specifically dedicated, with appropriate exhibitions and monuments, to the memory of the commander-in-chief, officers, men, and auxiliary services of the American Expeditionary Forces in France during World War I.

"(B) The establishment and continuing supervision of the memorial that is dedicated pursuant to subparagraph (A) shall be carried out by the American Battle Monuments Commission.

"(3) To the extent that funds are available in the Pershing Hall Revolving Fund established by subsection (d), the Secretary may incur such expenses with respect to Pershing Hall as the Secretary determines necessary or appropriate.

"(4) The Secretary of Veterans Affairs may provide the allowances and benefits described in section 707 of title 38, United States Code, to personnel of the Department of Veterans Affairs who are United States citizens and are assigned by the Secretary to Pershing Hall.

"(c) Leases.—(1) The Secretary may enter into agreements as the Secretary determines necessary or appropriate for the operation, development, and improvement of Pershing Hall and its site, including the leasing of portions of the Hall for terms not to exceed 99 years in areas that are newly constructed or substantially rehabilitated and for not to exceed 20 years in other areas of the Hall.

"(2) Leases entered into by the Secretary under this subsection shall be for consideration in the form of cash or in-kind, or a combination of the two, as determined by the Secretary, which shall include the value of space leased back to the Secretary by the lessee, net of rent paid by the Secretary, and the present value of the residual interest of the Secretary at the end of the lease term.

"(d) Fund.—(1) There is hereby established the Pershing Hall Revolving Fund to be administered by the Secretary of Veterans Affairs.

"(2) There shall be transferred to the Pershing Hall Revolving Fund, at such time or times as the Secretary may determine without limitation as to year, amounts as determined by the Secretary, not to exceed $1,000,000 in total, from funds appropriated to the Department of Veterans Affairs for the construction of major projects. The account from which any such amount is transferred shall be reimbursed promptly from other funds as they become part of the Pershing Hall Revolving Fund.

"(3) The Pershing Hall Memorial Fund, established in the Treasury of the United States pursuant to section 2 of the Act of June 28, 1935 (Public Law 74–171; 49 Stat. 426) [former 36 U.S.C. 491], is hereby abolished and the corpus of the fund, including accrued interest, is transferred to the Pershing Hall Revolving Fund.

"(4) Funds received by the Secretary from operation of Pershing Hall or from any lease or other agreement with respect to Pershing Hall shall be deposited in the Pershing Hall Revolving Fund.

"(5) The Secretary of the Treasury shall invest any portion of the Revolving Fund that, as determined by the Secretary of Veterans Affairs, is not required to meet current expenses of the Fund. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Secretary of Veterans Affairs, has a maturity suitable for the Revolving Fund. The Secretary of the Treasury shall credit to the Revolving Fund the interest on, and the proceeds from the sale or redemption of, such obligations.

"(6)(A) Subject to subparagraphs (B) and (C), the Secretary of Veterans Affairs may expend not more than $100,000 from the Fund in any fiscal year upon projects, activities, and facilities determined by the Secretary to be in keeping with the mission of the Department.

"(B) An expenditure under subparagraph (A) may be made only from funds that will remain in the Fund in any fiscal year after payment of expenses incurred with respect to Pershing Hall for such fiscal year and only after the reimbursement of all amounts transferred to the Fund under subsection (d)(2) has been completed.

"(C) An expenditure authorized by subparagraph (A) shall be reported by the Secretary to the Congress no later than November 1 of each year for the fiscal year ending on the previous September 30.

"(e) Waiver.—The Secretary may carry out the provisions of this section without regard to section 8122 of title 38, United States Code, subchapter II of chapter 5 of title 40, United States Code, sections 541 through 555 and 1302 of title 40, United States Code, or any other provision of law inconsistent with this section."

[Section 3(o) of Pub. L. 107–217, which directed amendment of section 403(e) of Pub. L. 102–86, set out above, by substituting "subchapter II of chapter 5 of title 40, sections 541–555 and 1302 of title 40" for "section 303b of title 40, sections 483 and 484 of title 40", could not be executed.]

[Section 403 of Pub. L. 102–86, set out above, was classified to section 493 of former Title 36 prior to the general revision and enactment of Title 36, Patriotic and National Observances, Ceremonies, and Organizations, by Pub. L. 105–225, §1, Aug. 12, 1998, 112 Stat. 1253.]

Authority To Establish National Cemeteries

Pub. L. 99–576, title IV, §414, Oct. 28, 1986, 100 Stat. 3284, provided that:

"(a) Authority.—The authority of the Administrator of Veterans' Affairs [now Secretary of Veterans Affairs] under chapter 24 of title 38, United States Code, to develop and acquire cemeteries as part of the National Cemetery System [now National Cemetery Administration] includes, but is not limited to, the authority to establish additional national cemeteries to serve the needs of veterans and their families in—

"(1) San Francisco, California;

"(2) Chicago, Illinois;

"(3) Cleveland, Ohio;

"(4) Pittsburgh, Pennsylvania;

"(5) Dallas/Fort Worth, Texas;

"(6) Miami, Florida;

"(7) Seattle, Washington;

"(8) Atlanta, Georgia;

"(9) Phoenix/Tucson, Arizona;

"(10) Birmingham, Alabama; and

"(11) any other State in which a national cemetery is not available for the burial of veterans.

"(b) Land Acquisition.—The Administrator [now Secretary] may acquire land necessary for a cemetery authorized by subsection (a) of this section by donation, purchase, condemnation, exchange of lands in the United States public domain, or otherwise."
38 U.S.C. § 7505 (2024) — Title 38: VETERANS' BENEFITS / Chapter 75 / Section 7505: Repayment for failure to satisfy requirements of agreement
Repayment for failure to satisfy requirements of agreement
Status: in_force

(a) In General.—An individual who receives educational assistance under the scholarship program under this chapter shall repay to the Secretary an amount equal to the unearned portion of such assistance if the individual fails to satisfy the requirements of the agreement entered into under section 7504 of this title, except in circumstances authorized by the Secretary.

(b) Amount of Repayment.—The Secretary shall establish, by regulations, procedures for determining the amount of the repayment required under this section and the circumstances under which an exception to the required repayment may be granted.

(c) 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 chapter (or an agreement under this chapter) whenever—

(1) noncompliance by the individual is due to circumstances beyond the control of the individual; or

(2) the Secretary determines that the waiver or suspension of compliance is in the best interest of the United States.

(d) Obligation as Debt to United States.—An obligation to repay the Secretary under this section 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.

(Added Pub. L. 111–163, title III, §302(a), May 5, 2010, 124 Stat. 1148.)